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

Tuesday, January 29, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Proverbs 16:9: "The human mind plans the way, but the Lord directs the steps."
Let us pray. Almighty God, direct our steps this day that we may use the opportunities You have placed before us. Convince us to let go of our need to control. Turn our problems into progress. Be our guide in every step of our lives. Bless our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who labor in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.

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

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

MOTION ADOPTED

Rep. HERBKERSMAN moved that when the House adjourns, it adjourn in memory of William F. "Bill" Marscher of Bluffton, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Representative Moss in the death of his brother, Freddie Moss.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., January 23, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the House having receded from its amendment to:
H. 3379 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.
the Senate has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

S. 274--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., January 17, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 274:

S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS.

Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. G. M. SMITH, HERBKERSMAN and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

INTRODUCTION OF BILLS

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

H. 4565 (Word version) -- Reps. Harrell, Scarborough, Merrill, Hagood and Limehouse: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO NAME THE CHARLESTON COUNTY EMPLOYMENT SECURITY OFFICE BUILDING ON LOCKWOOD BOULEVARD THE "J. GRAHAM ALTMAN BUILDING" AND TO PROVIDE APPROPRIATE SIGNAGE FOR THE BUILDING.
Referred to Charleston Delegation

H. 4566 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF GENERAL COUNSEL OF THE STATE BUDGET AND CONTROL BOARD TO NEGOTIATE AND SATISFY THE FEE AWARD ENTERED BY THE SOUTH CAROLINA SUPREME COURT IN LAYMAN, ET AL. VS. THE STATE OF SOUTH CAROLINA AND TO PROVIDE THE SOURCES OF FUNDS AND AUTHORIZE THEIR EXPENDITURE FOR THAT PURPOSE.
On motion of Rep. COOPER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4567 (Word version) -- Rep. Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "CHILDCARE SAFETY ENHANCEMENT ACT OF 2008" BY AMENDING SECTION 20-7-2720, AS AMENDED, RELATING TO THE REQUIREMENT THAT CERTAIN FACILITIES PROVIDING CHILDCARE MUST BE LICENSED BY THE DEPARTMENT, SO AS TO FURTHER SPECIFY THAT PERSONS PROVIDING CHILDCARE FOR SEVEN TO TWELVE CHILDREN MUST BE LICENSED AS A GROUP CHILDCARE HOME; BY AMENDING SECTION 20-7-2770, AS AMENDED, RELATING TO THE REQUIREMENT THAT CHILDCARE CENTERS AND GROUP CHILDCARE HOMES MAINTAIN A REGISTRY OF CHILDREN ENROLLED IN THEIR FACILITIES, SO AS TO REQUIRE FAMILY CHILDCARE HOMES TO MAINTAIN SUCH A REGISTRY; BY AMENDING SECTION 20-7-2840, AS AMENDED, RELATING TO THE DEFINITION OF FAMILY CHILDCARE HOMES, SO AS TO FURTHER CLARIFY THAT PERSONS PROVIDING CHILDCARE FOR SIX OR FEWER CHILDREN MUST REGISTER WITH THE DEPARTMENT OF SOCIAL SERVICES; BY AMENDING SECTION 20-7-2870, AS AMENDED, RELATING TO VISITS TO AND INSPECTIONS OF FAMILY CHILDCARE HOMES, SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT AT LEAST ONE INSPECTION OF SUCH HOMES EVERY THREE YEARS; BY AMENDING SECTION 2O-7-2980, AS AMENDED, RELATING TO THE DEPARTMENT OBTAINING THE ADVICE AND CONSENT OF THE STATE ADVISORY COMMITTEE ON THE PROMULGATION OF REGULATIONS FOR CHILDCARE FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ONLY OBTAIN THE ADVICE OF THE COMMITTEE ON THE PROMULGATION OF REGULATIONS; BY AMENDING SECTION 20-7-3040, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE STATE ADVISORY COMMITTEE ON THE REGULATION OF CHILDCARE FACILITIES AND THE MEMBERSHIP OF THE COMMITTEE, SO AS TO INCREASE THE NUMBER OF PARENT MEMBERS ON THIS COMMITTEE BY ONE AND TO DECREASE THE NUMBER OF OWNERS AND OPERATORS OF CHILDCARE FACILITIES ON THIS COMMITTEE BY ONE; BY AMENDING SECTION 20-7-3050, AS AMENDED, RELATING TO THE DUTIES OF THE STATE ADVISORY COMMITTEE ON THE REGULATION OF CHILDCARE FACILITIES, SO AS TO DELETE THE PROVISION THAT NO REGULATION MAY BE PROMULGATED IF DISAPPROVED BY THE COMMITTEE; BY AMENDING SECTION 20-7-3090, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF CHILDCARE REQUIREMENTS, SO AS TO ESTABLISH MISDEMEANOR AND FELONY CRIMES FOR CERTAIN CHILDCARE VIOLATIONS; BY ADDING SECTION 20-7-3035, SO AS TO SPECIFY THE TYPE OF VIOLATIONS SUBJECT TO FINES AND THE MAXIMUM FINE AMOUNT FOR EACH TYPE VIOLATION AND TO PROVIDE PROCEDURES FOR NOTIFICATION OF VIOLATIONS, FOR IMPOSITION OF FINES, FOR CORRECTION OF VIOLATIONS, FOR PAYMENT OF FINES, AND FOR APPEALING FINES; AND BY REPEALING SECTION 20-7-3055, AS AMENDED, RELATING TO THE WAIVER OF CERTAIN PROVISIONS CONCERNING THE PROMULGATION OF REGULATIONS FOR CHILDCARE FACILITIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4568 (Word version) -- Reps. Rice and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-15-130 SO AS TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL TO SUBMIT AN ESTIMATE OF THE COST OF AN AUDIT AT LEAST THIRTY DAYS BEFORE THE START OF THE AUDIT TO THE PARTY REQUESTING THE AUDIT.
Referred to Committee on Ways and Means

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.
Referred to Committee on Judiciary

H. 4579 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF A MOTOR VEHICLE THAT IS APPROACHED BY AN AUTHORIZED EMERGENCY VEHICLE MAKING USE OF AUDIBLE AND VISUAL SIGNALS, SO AS TO PROVIDE INSTRUCTIONS ON HOW A DRIVER OF A MOTOR VEHICLE THAT IS APPROACHING CERTAIN PARKED AUTHORIZED EMERGENCY VEHICLES SHALL PROCEED, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Judiciary

S. 857 (Word version) -- Senators McConnell, Peeler, Grooms, Campsen, O'Dell, Alexander, Scott, Elliott, Ceips, Bryant, Courson, Setzler, Thomas and Knotts: A BILL TO AMEND SECTION 1-1-696, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S OFFICIAL LANGUAGE, SO AS TO PROVIDE THAT AFTER JULY 1, 2008, ALL STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE SHALL OFFER ALL SERVICES, PUBLICATIONS, PRINTED, AUDIO AND VIDEO MATERIALS, AND TEST IN AN ENGLISH-ONLY FORMAT UNLESS OTHERWISE REQUIRED BY FEDERAL LAW OR REGULATION.
Referred to Committee on Judiciary

S. 993 (Word version) -- Senator Hutto: A BILL TO ENACT THE "ALLENDALE COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT" SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN ALLENDALE COUNTY NOT TO EXCEED ONE PERCENT TO BE USED FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATIONS.
Referred to Allendale Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 4569 (Word version) -- Reps. Phillips, Moss and Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CAPTAIN ALAN BROOKS ALLISON, OF THE GAFFNEY CITY POLICE DEPARTMENT, FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO HIS COUNTRY.

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

HOUSE RESOLUTION

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

H. 4570 (Word version) -- Rep. Talley: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL COMPETITIVE CHEER TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AAAA SOUTH CAROLINA HIGH SCHOOL LEAGUE'S COMPETITIVE CHEER 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 Dorman High School competitive cheer team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their outstanding season and for capturing the 2007 Class AAAA South Carolina High School League's Competitive Cheer Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4571 (Word version) -- Reps. Talley and Kelly: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL VARSITY SWIM TEAMS, THEIR COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR OUTSTANDING SEASON AND FOR TAKING TWO FIRST-PLACE POSITIONS AT THE 2007 CLASS AAAA STATE CHAMPIONSHIP MEET.

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 Dorman High School varsity swim teams, their coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their outstanding season and for taking two first-place positions at the 2007 Class AAAA State Championship meet.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4572 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE DORMAN HIGH SCHOOL CHEERLEADERS ON THEIR IMPRESSIVE WIN OF THE 2007 CLASS AAAA SOUTH CAROLINA HIGH SCHOOL LEAGUE'S COMPETITIVE CHEER CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM AND COACH KAMI APPLETON MIRANDA ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4573 (Word version) -- Reps. Talley and Kelly: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE RELAY TEAM AND INDIVIDUAL SWIMMER OF THE DORMAN HIGH SCHOOL SWIM TEAM FOR CAPTURING TWO 2007 CLASS AAAA FIRST-PLACE POSITIONS AT THE STATE CHAMPIONSHIP COMPETITION IN THE BOYS 200-METER FREESTYLE RELAY AND THE GIRLS 50-METER FREESTYLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4574 (Word version) -- Reps. Gambrell, Bowen, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, 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, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, 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 HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE LIFE OF SARA SHARPE, ONE OF ANDERSON'S CHERISHED CITIZENS, UPON THE OCCASION OF HER NINETIETH BIRTHDAY, AND TO WISH HER MANY MORE YEARS OF PROSPERITY AND HAPPINESS.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4575 (Word version) -- Rep. Vick: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHERAW HIGH SCHOOL VARSITY FOOTBALL 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 TWO SUCCESSFUL SEASONS AND FOR GARNERING THE 2007 CLASS AA STATE CHAMPIONSHIP FOOTBALL 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 Cheraw High School varsity football 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 two successful seasons and for garnering the 2007 Class AA State championship football title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4576 (Word version) -- Rep. Vick: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CHERAW HIGH SCHOOL VARSITY FOOTBALL TEAM FOR TWO REMARKABLE SEASONS AND FOR CAPTURING THE 2007 CLASS AA STATE CHAMPIONSHIP FOOTBALL TITLE, AND TO HONOR THE ACCOMPLISHMENTS OF THE PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4577 (Word version) -- Reps. Huggins, McLeod, 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, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, 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 EXTEND TO NAPOLEON BROWN CULP A WARM WELCOME TO THE PALMETTO STATE, HIS ADOPTED HOME, UPON THE OCCASION OF HIS VISIT TO CHAPIN HIGH SCHOOL IN CELEBRATION OF BLACK HISTORY MONTH AND TO WISH HIM WELL DURING HIS VISIT AND PERFORMANCE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 872 (Word version) -- Senators Knotts, Elliott, Leventis, McGill, Courson, Setzler and Hayes: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE MARTIN "MARTY" F. CONASTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 4, 2008.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1029 (Word version) -- Senator Ceips: A CONCURRENT RESOLUTION TO RECOGNIZE BEAUFORT COUNTY AS A VITAL PART OF OUR STATE, AND TO DECLARE JANUARY 30, 2008, "BEAUFORT COUNTY DAY" IN SOUTH CAROLINA.

Whereas, Beaufort County was established by French explorers in 1562. Beaufort County and the Town of Beaufort were both named for Henry Somerset, Duke of Beaufort, one of the Lords Proprietors of Carolina; and

Whereas, the Town of Beaufort, the county seat of Beaufort County, was established in 1710, and is the second oldest town in South Carolina; and

Whereas, the first school in the South for freed slaves was established during the Civil War at what is now Penn Center on St. Helena Island; and

Whereas, Beaufort County is the fastest growing county in South Carolina, stretching thirty miles along the Atlantic coast and covering five hundred eighty-seven square miles, including sixty-four major islands; and
  Whereas, in the past two decades, there have been one hundred thirty-five filmed productions in Beaufort County, including The Big Chill, Forrest Gump, the Jungle Book, G.I. Jane, and Something to Talk About, which have helped to bring in forty-four million dollars in spending; and

Whereas, Beaufort and Port Royal host three military bases, with more than seventeen thousand active duty military members and their families living in the area. Port Royal hosts the United States Marine Corps Recruit Depot at Parris Island, as well as Parris Island Naval Hospital. Beaufort County is home to Marine Aircraft Group Thirty-One, one of the world's largest aircraft groups; and

Whereas, major employers in Beaufort County include Wal-Mart, the Department of Defense, Publix Super Markets, Tenet Healthsystem, Hargray Communications Group, and Marriott Resorts; and

Whereas, Hilton Head Island's twelve miles of beaches play host to two and one-half million visitors each year. Hilton Head Island has been featured on Good Morning America, the CBS Early Show, and the Today Show; and

Whereas, Hilton Head Island has received numerous awards, including Golf Digest's 2007-2008 One Hundred Greatest Golf Courses, Golf Digest's Seventy-five Best Golf Resorts, the Travel Channel's World's Best Beaches list, Top Three Beach Resorts in the South by Southern Living's readers, and South Carolina's Best Beaches by Frommers. Travel and Leisure Magazine has hailed Hilton Head's beaches as being among the most beautiful in the world; and

Whereas, Frommer's list of South Carolina's Best Golf Courses is compiled exclusively of courses in Beaufort County. The Town of Beaufort has received additional accolades, including a February 2008 Field and Stream magazine article naming Beaufort as one of the United State's top twenty fishing towns, and a December 2007 feature article in the New York Times. Now, therefore,

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

That the members of the South Carolina General Assembly recognize Beaufort County as a vital part of our State, and declare January 30, 2008, "Beaufort County Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Beaufort Regional Chamber of Commerce and Hilton Head Island-Bluffton Chamber of Commerce.

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

ROLL CALL

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
R. Brown               Cato                   Chalk
Clyburn                Cobb-Hunter            Coleman
Cooper                 Crawford               Dantzler
Delleney               Edge                   Erickson
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Mack                   Mahaffey               McLeod
Miller                 Mitchell               Mulvaney
J. H. Neal             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            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vick                   Walker
Weeks                  White                  Whitmire
Williams               Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 29.

Grady Brown                       James Merrill
James Lucas                       Bill Cotty
Ralph Davenport                   Todd Rutherford
Thad Viers                        F. N. Smith

Total Present--116

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. DUNCAN a leave of absence for today and tomorrow due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOSS a leave of absence for the day due to his brother's funeral.

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. William Simpson, Jr., of Charleston was the Doctor of the Day for the General Assembly.

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. 4021 (Word version)
Date:   ADD:
01/29/08   YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 4347 (Word version)
Date:   ADD:
01/29/08   M. A. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 4400 (Word version)
Date:   ADD:
01/29/08   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 4337 (Word version)
Date:   ADD:
01/29/08   BEDINGFIELD

S. 588--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 588 (Word version) -- Senators McConnell, Lourie, Rankin, Land and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.

Rep. HUGGINS proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11966AC08), which was adopted:
Amend the bill, as and if amended, by deleting Section 38-71-1330(6) on page 5 of the bill and inserting:
/   (6)   'Eligible employee' means an employee as defined in Section 38-71-710(1) or Section 38-71-840(7) or an independent contractor, as included in Section 38-71-1010(3), who works on a full-time basis and has a normal work week of thirty or more hours. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 105; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Brantley               Breeland               G. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Crawford               Dantzler
Delleney               Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hiott                  Hodges                 Hosey
Huggins                Hutson                 Jefferson
Jennings               Kelly                  Kirsh
Knight                 Leach                  Littlejohn
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Mulvaney
J. H. Neal             J. M. Neal             Neilson
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Viers                  Walker
Weeks                  White                  Whitmire
Williams               Witherspoon            Young

Total--105

Those who voted in the negative are:

Total--0

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

PROXY VOTE--S. 588

Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of S. 588.

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on S. 588. Had I been present, I would have voted in favor of the Bill.
Rep. Chip Limehouse

ORDERED TO THIRD READING

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

S. 94 (Word version) -- Senators Campsen, Knotts and Fair: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR AND REASONABLE DISCLOSURE BY THE OTHER SPOUSE.

H. 4347--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Wednesday, January 30, which was adopted:

H. 4347 (Word version) -- Reps. Stavrinakis, Young, Toole, Littlejohn, Cotty, Funderburk, McLeod, Battle and M. A. Pitts: A JOINT RESOLUTION TO DIRECT THE ATTORNEY GENERAL OF SOUTH CAROLINA TO PURSUE ALL AVAILABLE REMEDIES AND SEEK REIMBURSEMENT FROM THE FEDERAL GOVERNMENT FOR COSTS INCURRED BY THE STATE ASSOCIATED WITH THE INCARCERATION OF ILLEGAL IMMIGRANTS AND PROVISION OF VARIOUS STATE GOVERNMENTAL SERVICES TO ILLEGAL IMMIGRANTS AND TO REQUIRE THE COOPERATION OF STATE GOVERNMENTAL AGENCIES IN PROVIDING INFORMATION ON ILLEGAL IMMIGRATION AND ILLEGAL IMMIGRANTS TO THE ATTORNEY GENERAL.

H. 4400--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, January 30, which was adopted:

H. 4400 (Word version) -- Reps. Harrell, Harrison, Cato, Cooper, Walker, Witherspoon, Merrill, Sandifer, Haley, Young, Erickson, Littlejohn, Simrill, Bowen, Crawford, Barfield, Cotty, Taylor, Spires, Davenport, E. H. Pitts, Frye, Lowe, Shoopman, Hardwick, Bingham, Skelton, Clemmons, Thompson, Bedingfield, Bannister, Mahaffey, Herbkersman, J. R. Smith, Haskins, Huggins, Hutson, Leach, Toole, Viers, Brady, Dantzler, Delleney, Gambrell, Hamilton, Kelly, Rice, Scarborough, G. M. Smith, G. R. Smith, Talley, Umphlett, Duncan, Owens, Mulvaney and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11 OF TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT SO AS TO REQUIRE A PUBLIC EMPLOYER AND A CONTRACTOR DOING BUSINESS WITH A PUBLIC EMPLOYER TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF NEW EMPLOYEES, WITH ALTERNATIVE MEASURES TO BE FOLLOWED BY A CONTRACTOR, TO DESCRIBE COMPLIANCE, TO PROHIBIT LOCAL LAWS FROM LIMITING ENFORCEMENT, AND TO PROVIDE FOR FORMS, REGULATIONS, AND RULES; BY ADDING SECTION 23-52-10 SO AS TO PROVIDE THAT THE APPROPRIATE OFFICIAL UNDERTAKE TO DETERMINE THE LAWFUL PRESENCE IN THE UNITED STATES OF A PERSON CHARGED WITH A CRIMINAL OFFENSE AND CONFINED IN A JAIL AND TO PROVIDE THE PROCESS OF VERIFICATION AND REPORTING, AS WELL AS FOR RECOUPING EXPENSES OF THE CONFINEMENT; BY ADDING CHAPTER 91 TO TITLE 40 SO AS TO ENACT THE "REGISTRATION OF IMMIGRATION ASSISTANCE ACT", PRESCRIBING THE ACTS THAT MAY BE PERFORMED BY AN IMMIGRATION ASSISTANCE SERVICE, REQUIRING A PERSON PERFORMING THOSE ACTS TO BE LICENSED, REQUIRING THE POSTING OF CERTAIN CONSPICUOUS DISCLAIMERS, PROHIBITING THE PERFORMANCE OF CERTAIN ACTS, EXEMPTING CERTAIN PERSONS FROM THESE RESTRICTIONS, AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; BY ADDING ARTICLE 11 TO CHAPTER 5 OF TITLE 43 SO AS TO REQUIRE ALL STATE AND LOCAL AGENCIES PROVIDING PUBLIC BENEFITS VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF A NATURAL PERSON EIGHTEEN YEARS OLD OR OLDER WHO APPLIES FOR STATE OR LOCAL BENEFITS OR FEDERAL BENEFITS ADMINISTERED BY THE STATE, PROVIDING EXCEPTIONS, PROVIDING FOR AN AFFIDAVIT OF ELIGIBILITY AND CRIMINAL PENALTIES FOR A FALSE AND FRAUDULENT AFFIDAVIT, FOR RESTITUTION OF IMPROPERLY RECEIVED BENEFITS, FOR A CIVIL CAUSE OF ACTION AND JOINT AND SEVERAL LIABILITY; BY ADDING SECTION 6-1-170 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM LIMITING OR INCREASING THE POWER OF LOCAL OFFICIALS TO ENFORCE STATE IMMIGRATION LAWS; BY ADDING SECTION 12-6-3595 SO AS TO PROHIBIT ANY WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE A YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; BY ADDING SECTION 12-8-610 SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PROVIDE A TAXPAYER IDENTIFICATION NUMBER, FAILED TO PROVIDE A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PROVIDED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; BY ADDING SECTION 16-9-460 SO AS TO PROVIDE THAT IT IS A FELONY FOR ANY PERSON TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD TO THE FACT THAT THE PERSON HAS COME TO, ENTERED INTO, OR REMAINED IN THE UNITED STATES IN VIOLATION OF THE LAW, IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON ILLEGALLY IN THE UNITED STATES IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, AND TO PROVIDE FOR PENALTIES IF A PERSON IS CONVICTED; BY ADDING SECTION 16-13-525 SO AS TO REQUIRE A PERSON WHO USES FINANCIAL IDENTITY FRAUD INVOLVING THE CREATION OF DOCUMENTS PURPORTING TO AUTHORIZE EMPLOYMENT IN THE UNITED STATES TO DISGORGE ANY BENEFIT HE RECEIVES AND TO PROVIDE FOR CRIMINAL PENALTIES AND INDIVIDUAL CIVIL REMEDIES; BY ADDING SECTION 16-23-530 SO AS TO MAKE IT A CRIME TO OWN, POSSESS, TRANSFER, MAKE, DISPOSE OF, RENT, BUY, OR OTHERWISE TRANSACT AN ACTIVITY INVOLVING A FIREARM IN THIS STATE IF THE PERSON IS NOT LAWFULLY PRESENT IN THIS STATE; BY ADDING SECTION 23-3-80 SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTIONS AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE DESIGNATION OF STATE AND LOCAL OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM, TO STIPULATE FUNDING FOR THE TRAINING, AND TO PROVIDE FOR CERTIFICATION OF TRAINING TO ENFORCE FEDERAL IMMIGRATION LAWS; BY ADDING SECTION 41-1-30 SO AS TO PROVIDE FOR A CIVIL CAUSE OF ACTION BY A PERSON WHO IS TERMINATED FOR THE PURPOSE OF BEING REPLACED BY A WORKER WHO IS NOT AUTHORIZED TO WORK IN THE UNITED STATES; BY ADDING SECTION 59-101-430 SO AS TO PROHIBIT A PERSON WHO IS NOT LAWFULLY PRESENT IN THE UNITED STATES FROM ATTENDING OR RECEIVING ANY BENEFIT OF RESIDENCE; BY AMENDING SECTION 1-31-40, RELATING TO THE STATE COMMISSION ON MINORITY AFFAIRS, SO AS TO PROVIDE FOR A TOLL FREE TELEPHONE NUMBER, ELECTRONIC WEBSITE, AND TRACKING DATABASES FOR RECEIVING AND REPORTING VIOLATIONS OF LAWS OR REGULATIONS BY A NONUNITED STATES CITIZEN OR IMMIGRANT; BY AMENDING SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO INCLUDE THE OFFENSES OF FALSIFICATION OF DOCUMENTS, IDENTITY FRAUD, FRAUDULENT AFFIDAVITS, AND OTHER SPECIFIED ACTS UNDERTAKEN IN A FRAUDULENT ATTEMPT TO DEMONSTRATE LAWFUL PRESENCE IN THE UNITED STATES; AND BY AMENDING SECTION 17-15-30, AS AMENDED, RELATING TO DETERMINATION BY THE COURT OF RELEASE ON BAIL, SO AS TO PROVIDE THAT THE COURT SHALL CONSIDER IF THE ACCUSED IS AN ILLEGAL ALIEN AND IF THAT STATUS POSES A SUBSTANTIAL FLIGHT RISK.

S. 392--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, January 30, which was adopted:

S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams, Vaughn and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8, RELATING TO ILLEGAL ALIENS AND PUBLIC EMPLOYMENT, SO AS TO ENACT THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO REQUIRE THAT EVERY PUBLIC EMPLOYER PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM TO VERIFY ALL NEW EMPLOYEES, TO REQUIRE CONTRACTORS OR SUBCONTRACTORS WHO CONTRACT WITH PUBLIC EMPLOYERS FOR THE PHYSICAL PERFORMANCE OF SERVICES TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, TO DEFINE TERMS, TO ESTABLISH DEADLINES TO COMPLY FOR PUBLIC EMPLOYERS, CONTRACTORS, AND SUBCONTRACTORS, TO REQUIRE THAT THE PROVISIONS OF THE CHAPTER ARE ENFORCEABLE WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, AND TO AUTHORIZE THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO PRESCRIBE FORMS AND PROMULGATE RULES NECESSARY TO ADMINISTER THE ACT AND PUBLISH THE RULES AND REGULATIONS ON THE BOARD'S WEBSITE; TO AMEND TITLE 8 BY ADDING CHAPTER 28, RELATING TO ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, SO AS TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO NEGOTIATE THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE FEDERAL GOVERNMENT CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS, DETENTION AND REMOVALS, AND INVESTIGATIONS IN THE STATE, TO AUTHORIZE THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO DESIGNATE APPROPRIATE LAW ENFORCEMENT OFFICERS TO BE TRAINED PURSUANT TO THE MEMORANDUM OF UNDERSTANDING, TO STIPULATE THAT NO TRAINING SHALL TAKE PLACE UNTIL FUNDING IS SECURED, TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, ANY COUNTY SHERIFF, OR THE GOVERNING BODY OF ANY MUNICIPALITY THAT MAINTAINS A POLICE FORCE TO ENTER INTO THE MEMORANDUM AS A PARTY AND PROVIDE OFFICERS TO BE TRAINED, AND TO PROVIDE THAT AN OFFICER CERTIFIED AS TRAINED IN ACCORDANCE WITH THE MEMORANDUM IS AUTHORIZED TO ENFORCE FEDERAL IMMIGRATION AND CUSTOMS LAWS WHILE PERFORMING WITHIN THE SCOPE OF HIS OR HER DUTIES; TO AMEND TITLE 8, BY ADDING CHAPTER 29, RELATING TO VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, SO AS TO REQUIRE THAT EVERY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF ANY NATURAL PERSON EIGHTEEN OR OLDER WHO HAS APPLIED FOR STATE OR LOCAL PUBLIC BENEFITS, AS DEFINED BY FEDERAL LAW, THAT ARE ADMINISTERED BY AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, TO REQUIRE ENFORCEMENT OF THIS PROVISION WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN, TO PROVIDE EXCEPTIONS FOR VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROVIDE A PROCEDURE FOR A PERSON TO VERIFY HIS OR HER LAWFUL PRESENCE IN THE UNITED STATES, INCLUDING EXECUTING AN AFFIDAVIT THAT THE PERSON IS A UNITED STATES CITIZEN OR LEGAL PERMANENT RESIDENT OR A QUALIFIED ALIEN OR NONIMMIGRANT UNDER THE IMMIGRATION AND NATURALIZATION ACT, TO REQUIRE THAT ELIGIBILITY FOR BENEFITS SHALL BE MADE THROUGH THE FEDERAL SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM MAINTAINED BY THE DEPARTMENT OF HOMELAND SECURITY, TO MANDATE THAT A PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT EXECUTED PURSUANT TO THIS SECTION, OR WHO AIDS OR ABETS A PERSON IN KNOWINGLY AND WILLFULLY MAKING A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION IN AN AFFIDAVIT SHALL BE GUILTY OF A FELONY AND, UPON CONVICTION, SHALL BE FINED OR IMPRISONED NOT MORE THAN FIVE YEARS, OR BOTH, AND MUST DISGORGE ANY BENEFIT RECEIVED AND MAKE RESTITUTION TO THE AGENCY WHO ADMINISTERED THE BENEFIT OR ENTITLEMENT, TO REQUIRE THAT IF THE AFFIDAVIT CONSTITUTES A FALSE CLAIM OF UNITED STATES CITIZENSHIP, THE STATE SHALL FILE A COMPLAINT WITH THE UNITED STATES ATTORNEY'S OFFICE, TO PROVIDE THAT AGENCIES OR POLITICAL SUBDIVISIONS MAY ADOPT VARIATIONS OF THE REQUIREMENTS OF THIS SECTION TO REDUCE DELAY AND IMPROVE EFFICIENCY, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY STATE AGENCY OR POLITICAL SUBDIVISION TO PROVIDE BENEFITS IN VIOLATION OF THIS SECTION, AND TO REQUIRE THAT ALL ERRORS AND DELAYS EXPERIENCED BY AGENCIES OR POLITICAL SUBDIVISIONS IN THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENT PROGRAM BE REPORTED TO THE DEPARTMENT OF HOMELAND SECURITY; TO ADD SECTION 12-6-1175, SO AS TO PROHIBIT ANY WAGES OR REMUNERATION FOR LABOR SERVICES PAID TO AN INDIVIDUAL OF SIX HUNDRED DOLLARS OR MORE PER YEAR FROM BEING CLAIMED AS A DEDUCTIBLE BUSINESS EXPENSE FOR STATE INCOME TAX PURPOSES UNLESS THE INDIVIDUAL IS AN AUTHORIZED EMPLOYEE, TO PROVIDE FOR EXEMPTIONS, TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO PRESCRIBE FORMS AND PROMULGATE REGULATIONS TO EFFECTUATE THIS SECTION, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITIES COMMISSION TO SEND WRITTEN NOTICE OF THIS PROVISION TO ALL EMPLOYERS IN THIS STATE; TO ADD SECTION 12-8-595, SO AS TO REQUIRE TAX WITHHOLDING AGENTS FOR EMPLOYERS TO WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE AMOUNT OF COMPENSATION PAID TO AN INDIVIDUAL IF THE INDIVIDUAL HAS FAILED TO PROVIDE A TAXPAYER IDENTIFICATION NUMBER, FAILED TO PROVIDE A CORRECT TAXPAYER IDENTIFICATION NUMBER, OR PROVIDED A TAXPAYER IDENTIFICATION NUMBER ISSUED FOR NONRESIDENTS, TO PROVIDE THAT WITHHOLDING AGENTS WHO FAIL TO FOLLOW THE PROVISIONS OF THIS SECTION ARE LIABLE FOR THE TAX, TO PROVIDE EXCEPTIONS FROM LIABILITY FOR WITHHOLDING AGENTS IF THE EMPLOYEE PROVIDES A FACIALLY CORRECT TAXPAYER IDENTIFICATION NUMBER THAT THE WITHHOLDING AGENT DOES NOT KNOW WAS FALSE OR INCORRECT, AND TO REQUIRE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO SEND NOTICE OF THIS PROVISION TO ALL EMPLOYERS; TO ADD SECTION 16-9-460, TO PROVIDE THAT IT IS A FELONY FOR ANY PERSON TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD TO THE FACT THAT THE PERSON HAS COME TO, ENTERED INTO, OR REMAINED IN THE UNITED STATES IN VIOLATION OF THE LAW, IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION A PERSON ILLEGALLY IN THE UNITED STATES IN FURTHERANCE OF THE PERSON'S ILLEGAL PRESENCE IN THE UNITED STATES, TO PROVIDE FOR PENALTIES IF A PERSON IS CONVICTED, AND TO PROHIBIT ANY PERSON CONVICTED FROM OBTAINING A PROFESSIONAL LICENSE IN SOUTH CAROLINA; TO ADD SECTION 16-9-460, SO AS SO MAKE IT A FELONY TO TRANSPORT, MOVE, OR ATTEMPT TO TRANSPORT WITHIN THE STATE ANY PERSON KNOWINGLY OR IN RECKLESS DISREGARD FOR THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, OR TO CONCEAL, HARBOR, OR SHELTER FROM DETECTION ANY PERSON IN ANY PLACE KNOWINGLY OR IN RECKLESS DISREGARD OF THE FACT THAT THE PERSON IS NOT LEGALLY PRESENT IN THE UNITED STATES, AND TO PROVIDE PENALTIES FOR A CONVICTION FOR SUCH CRIME; TO ADD SECTION 23-3-1100, SO AS TO REQUIRE THAT ALL JAILS OF THIS STATE OR ITS COUNTIES OR MUNICIPALITIES MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER ANY PERSON CHARGED WITH A FELONY OR DRIVING UNDER THE INFLUENCE IS LAWFULLY PRESENT IN THE UNITED STATES, TO MAKE SUCH VERIFICATION WITHIN 72 HOURS OF CONFINEMENT, TO NOTIFY THE DEPARTMENT OF HOMELAND SECURITY IF A PERSON IS NOT LAWFULLY IN THE UNITED STATES, AND TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROMULGATE REGULATIONS TO COMPLY WITH THE PROVISIONS OF THIS SECTION; TO ADD SECTION 39-5-37, SO AS TO PROVIDE A CIVIL CAUSE OF ACTION TO ANY PERSON WHO IS TERMINATED BY AN EMPLOYER IF THE PURPOSE FOR DISCHARGE WAS TO REPLACE THE WORKER WITH ANOTHER PERSON WHO THE EMPLOYER KNEW OR SHOULD HAVE KNOWN WAS NOT LAWFULLY ADMITTED TO THE UNITED STATES, OR NOT AUTHORIZED TO WORK IN THE UNITED STATES, AND TO PROVIDE AN EXEMPTION FOR ANY EMPLOYER WHO CONFIRMS A WORKER'S STATUS THROUGH THE FEDERAL WORK AUTHORIZATION PROGRAM; AND TO AMEND TITLE 40, BY ADDING CHAPTER 83, RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES, SO AS TO ADD THE "REGISTRATION OF IMMIGRATION SERVICE ACT" TO REQUIRE ALL IMMIGRATION ASSISTANCE SERVICES TO OBTAIN A BUSINESS LICENSE FROM THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE DEFINITIONS, TO LIST THE SERVICES THAT IMMIGRATION ASSISTANCE SERVICES MAY PROVIDE, TO PROHIBIT IMMIGRATION SERVICES FROM ACCEPTING PAYMENT IN EXCHANGE FOR PROVIDING LEGAL ADVICE, FOR REFUSING TO RETURN DOCUMENTS SUPPLIED BY, PREPARED FOR, OR PAID FOR BY A CUSTOMER, FOR REPRESENTING OR ADVERTISING, IN CONNECTION WITH PROVIDING IMMIGRATION ASSISTANCE SERVICES, CERTAIN TITLES TO INCLUDE "NOTARY PUBLIC", OR "IMMIGRATION CONSULTANT", OR FOR PROVIDING LEGAL ADVICE, OR MAKING ANY MISREPRESENTATION OR FALSE STATEMENT TO INFLUENCE, PERSUADE, OR INDUCE PATRONAGE, TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE RULES TO EFFECTUATE THIS SUBSECTION.

H. 4345--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

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

H. 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.

H. 3623--DEBATE ADJOURNED

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

H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.

Rep. G. M. SMITH moved to adjourn debate upon the Senate Amendments until Wednesday, January 30, which was agreed to.

H. 3572--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3572 (Word version) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W. D. Smith, Spires, Talley, White, Hart, Whipper and Cotty: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC DIVERSION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC DIVERSION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

Rep. HAGOOD proposed the following Amendment No. 1A (Doc Name COUNCIL\MS\7500AHB08), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 5 in its entirety and inserting:
/   SECTION   5.   This act takes effect ninety days after approval by the Governor. All circuit solicitors shall have a traffic education program in effect by July 1, 2009, and no person has the right to apply to the program until the program is established. /
Renumber sections to conform.
Amend title to conform.

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

The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

Rep. HOSEY, from the Allendale Delegation, submitted a favorable report on:

S. 993 (Word version) -- Senator Hutto: A BILL TO ENACT THE "ALLENDALE COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT" SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN ALLENDALE COUNTY NOT TO EXCEED ONE PERCENT TO BE USED FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATIONS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4580 (Word version) -- Reps. G. M. Smith, G. Brown, Lowe, J. H. Neal and Weeks: A HOUSE RESOLUTION TO CONGRATULATE SUMTER'S WILLIAM A. KING, M.D., MEDICAL DIRECTOR OF THE SANTEE-WATEREE COMMUNITY MENTAL HEALTH CENTER, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE AS A MEDICAL PROFESSIONAL, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4581 (Word version) -- Reps. Sandifer, 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, 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, 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 RECOGNIZE AND COMMEND SOUTH CAROLINA'S RECYCLERS FOR THEIR VITAL ROLE IN OUR STATE'S ECONOMY, PRESERVING OUR ENVIRONMENT, AND PROMOTING ENERGY EFFICIENCY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4582 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR P. EDWIN DELOACH OF HAMPTON COUNTY FOR REACHING THE MOMENTOUS MILESTONE OF FIFTY YEARS OF TIRELESS SERVICE ON THE BOARD OF DIRECTORS OF PALMETTO ELECTRIC COOPERATIVE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4583 (Word version) -- Reps. Bales, Ballentine, Brady, Cotty, Harrison, Hart, Howard, J. H. Neal, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS THAT CONTAIN THE WORDS "LYKESLAND COMMUNITY" ALONG UNITED STATES HIGHWAY 76/378 ONE-FOURTH OF A MILE FROM ITS INTERSECTION WITH OLD HOPKINS ROAD AND TROTTER ROAD IN RICHLAND COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4584 (Word version) -- Reps. Stavrinakis, Hutson, Breeland, Limehouse, Mack, Merrill, Scarborough, Young, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, 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, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Littlejohn, Loftis, Lowe, Lucas, Mahaffey, McLeod, 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, 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, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 7 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 171 THE "CHARLESTON NINE MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLESTON NINE MEMORIAL HIGHWAY" AS A LASTING TRIBUTE TO THE NINE CITY OF CHARLESTON FIREFIGHTERS WHO TRAGICALLY PERISHED IN THE WEST ASHLEY FIRE ON MONDAY, JUNE 18, 2007.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

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 ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.
Referred to Committee on Judiciary

H. 4586 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-210 SO AS TO PROVIDE THAT BOTH STATE-SUPPORTED AND PRIVATE ENTITIES THAT PROVIDE STUDENT LOANS TO BORROWERS ENROLLED IN HIGHER EDUCATION INSTITUTIONS IN THIS STATE SHALL ALLOW BORROWERS TO PREPAY THEIR LOANS WITHOUT PENALTY AND WITHOUT HAVING TO PAY UNACCRUED INTEREST.
Referred to Committee on Ways and Means

H. 4587 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 59-67-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPOSED SCHOOL BUS ROUTES, SO AS TO PROVIDE THAT A LOCAL SCHOOL DISTRICT BOARD OF TRUSTEES AND THE STATE BOARD OF EDUCATION MUST CONSIDER THE PROXIMITY OF RESIDENCES INHABITED BY CONVICTED SEX OFFENDERS WHILE DECIDING ON PROPOSED SCHOOL BUS ROUTES, AND TO PROVIDE THAT NO BUS STOP BE PLACED WITHIN 500 YARDS OF THE RESIDENCE OF A SEX OFFENDER.
Referred to Committee on Education and Public Works

H. 4588 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 12-24-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A DEED BE FILED WITH AN AFFIDAVIT STATING THE VALUE OF THE REALTY CONVEYED, SO AS TO DELETE A PROVISION THAT THE VALUE OF THE REALTY CONVEYED IS NOT REQUIRED IN AN AFFIDAVIT ACCOMPANYING A DEED EXEMPT FROM THE RECORDING FEE REQUIREMENT.
Referred to Committee on Judiciary

H. 4589 (Word version) -- Reps. Young, Crawford, Hutson and Knight: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-29 SO AS TO CREATE THE OFFENSE OF ATTEMPTED MURDER; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE CERTAIN ASSAULT AND ASSAULT AND BATTERY OFFENSES; TO AMEND SECTION 16-3-620, RELATING TO THE OFFENSE OF ASSAULT AND BATTERY WITH INTENT TO KILL, SO AS TO CREATE GRADUATED ASSAULT AND ASSAULT AND BATTERY OFFENSES AND TO REPEAL COMMON LAW ASSAULT AND ASSAULT AND BATTERY OFFENSES; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN OFFENSES, SO AS TO ADD CERTAIN ASSAULT AND ASSAULT AND BATTERY OFFENSES TO THE OFFENSES CONSIDERED "MOST SERIOUS" AND "SERIOUS".
Referred to Committee on Judiciary

H. 4590 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, AND SECTION 56-1-3370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE AND THE SIZE, SHAPE, DESIGN, AND CONTENTS OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A DRIVER'S LICENSE AND A SPECIAL IDENTIFICATION CARD MUST HAVE IMPRINTED ON THEIR REVERSE SIDES CERTAIN REFERENCES TO THE NATIONAL DOMESTIC VIOLENCE HOTLINE AND THE NATIONAL SEXUAL ASSAULT HOTLINE.
Referred to Committee on Judiciary

H. 4591 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 16-17-445, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNSOLICITED CONSUMER TELEPHONE CALLS, TO PROVIDE THAT A CONSUMER TELEPHONE CALL INCLUDES CALLS OF A POLITICAL NATURE; AND TO AMEND SECTION 16-17-446, RELATING TO PROHIBITED AUTOMATICALLY DIALED ANNOUNCING DEVICE CALLS, TO INCLUDE CALLS MADE WITH THE ASSISTANCE OF A LIVE OPERATOR UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 4592 (Word version) -- Reps. Littlejohn, Cobb-Hunter, Leach, Mahaffey, M. A. Pitts, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO HOLDS A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, OR A SPECIAL RESTRICTED DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR ANOTHER WIRELESS COMMUNICATIONS DEVICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION.
Referred to Committee on Education and Public Works

H. 4593 (Word version) -- Reps. Littlejohn, Frye, Brantley, Govan, Brady, Anderson, Clyburn, Cobb-Hunter, Erickson, Hodges, Hosey, Jefferson, Leach, J. H. Neal, Neilson, Ott, Owens, M. A. Pitts, Rice, Scarborough, Spires, Weeks and Williams: A BILL TO AMEND SECTION 12-6-3477, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPRENTICE STATE INCOME TAX CREDIT, SO AS TO ALLOW AN EMPLOYER A CREDIT AGAINST STATE INCOME TAX EQUAL TO FIVE HUNDRED DOLLARS IN EACH TAXABLE YEAR FOR EMPLOYING AN APPRENTICE IN A HIGH SCHOOL VOCATIONAL PROGRAM, TO ALLOW UNUSED CREDIT TO CARRY FORWARD TO TWO SUCCEEDING TAXABLE YEARS, AND TO PROVIDE FOR THE ADMINISTRATION OF THIS CREDIT.
Referred to Committee on Ways and Means

H. 4594 (Word version) -- Reps. Sandifer and Cato: 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 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.
Referred to Committee on Labor, Commerce and Industry

H. 4595 (Word version) -- Rep. Crawford: A BILL TO AMEND SECTION 44-43-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS ON BLOOD DONORS, SO AS TO ALLOW A PERSON SIXTEEN YEARS OLD TO DONATE BLOOD WITH THE CONSENT OF HIS PARENTS OR GUARDIAN.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 775 (Word version) -- Senators Scott and Lourie: A JOINT RESOLUTION TO ESTABLISH THE MULTIPLE SCLEROSIS HEALTHCARE ACCESS STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY THE AVAILABILITY OF HEALTH CARE SERVICES TO MULTIPLE SCLEROSIS PATIENTS IN THIS STATE AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2009, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Referred to Committee on Medical, Military, Public and Municipal Affairs

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4427 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE MARTIN "MARTY" F. CONASTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 4, 2008.

H. 4464 (Word version) -- Reps. Harrell, 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, Harrison, Hart, 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 DECLARE THE WEEK OF FEBRUARY 23-MARCH 1, 2008, AS "ENTREPRENEURSHIP WEEK" IN SOUTH CAROLINA, IN RECOGNITION OF THE ONGOING SOCIAL AND ECONOMIC CONTRIBUTIONS TO THE AMERICAN WAY OF LIFE MADE BY SOUTH CAROLINA'S ENTREPRENEURS.

H. 4562 (Word version) -- Reps. Stavrinakis, Hagood, Whipper, Merrill, Breeland, R. Brown, Dantzler, Harrell, Limehouse, Mack, Scarborough and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CHARLESTON COUNTY SCHOOL DISTRICT SCHOOL BOARD AND DISTRICT SUPERINTENDENT DR. NANCY MCGINLEY FOR THEIR DEDICATED SERVICE TO THE CITIZENS OF CHARLESTON COUNTY.

ADJOURNMENT

At 12:51 p.m. the House, in accordance with the motion of Rep. HERBKERSMAN, adjourned in memory of William F. "Bill" Marscher of Bluffton, to meet at 10:00 a.m. tomorrow.

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