South Carolina General Assembly
118th Session, 2009-2010
Journal of the House of Representatives


Printed Page 1308 . . . . . Thursday, February 26, 2009

Thursday, February 26, 2009
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. BRANHAM, as follows:

Our thought for today is from Isaiah 40:31: "But they that wait upon the Lord shall renew their strength; they shall mount up with wings as eagles; they shall run, and not be weary; and they shall walk and not faint."
Let us pray. Our Father, help us to wait--to let You become our lifeline, our cord of escape. In waiting, help us to exchange our failing strength for Your unfailing strength. In this unfailing strength, may we soar on eagles' wings in those ecstatic, thrilling times or run without wearying in those hurried, rushed times or merely walk in those most often or regular times. In the monotony of everyday life, help us to do the good and the right with joy. 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 PRO TEMPORE.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.

MOTION ADOPTED

Rep. HERBKERSMAN moved that when the House adjourns, it adjourn in memory of Yates Davis of Bluffton, which was agreed to.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 3199
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-61-520
South Carolina Trauma Care Systems
Received by Speaker of the House of Representatives April 25, 2008
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration April 1, 2009
Revised: March 12, 2009


Printed Page 1309 . . . . . Thursday, February 26, 2009

Revised: March 14, 2009
Revised: March 18, 2009

REPORT OF STANDING COMMITTEE

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3508 (Word version) -- Reps. Barfield, Sandifer, Cato, Ott, Duncan, Pinson, Vick, Brantley, Lucas, Alexander, Erickson, Hardwick, Hiott, Moss, Haley, Jefferson, Allen, Bowen, Edge, Allison, Anthony, Bales, Ballentine, Bannister, Battle, Bowers, Brady, Branham, G. A. Brown, Clemmons, Cole, Cooper, Crawford, Daning, Delleney, Forrester, Gambrell, Gilliard, Gullick, Hamilton, Harrison, Hayes, Herbkersman, Hodges, Horne, Hutto, Kelly, Knight, Littlejohn, Long, Lowe, Mack, Miller, Mitchell, Nanney, J. M. Neal, Neilson, Owens, Parker, E. H. Pitts, M. A. Pitts, Rice, Scott, D. C. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Spires, Toole, Umphlett, Viers, Weeks, White, Whitmire, Williams, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO ADDRESS THE ISSUE OF GLOBAL CLIMATE CHANGE THROUGH THE ADOPTION OF A FAIR AND EFFECTIVE APPROACH THAT SAFEGUARDS AMERICAN JOBS, ENSURES AFFORDABLE ENERGY FOR CITIZENS, AND MAINTAINS AMERICA'S GLOBAL COMPETITIVENESS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3617 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO URGE APPROPRIATE STATE AGENCIES, AS WELL AS PRIVATE ORGANIZATIONS, TO DEVELOP AND IMPLEMENT POLICIES AND PROGRAMS TO HELP REDUCE OVERWEIGHT AND OBESITY AMONG SOUTH CAROLINA'S YOUTH.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 1310 . . . . . Thursday, February 26, 2009

HOUSE RESOLUTION

The following was introduced:

H. 3618 (Word version) -- Reps. Gilliard, Dillard, Herbkersman, Horne, Mack and Moss: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE LATE JAMES JAMERSON, A NATIVE CHARLESTONIAN, FOR HIS CONTRIBUTIONS TO THE MUSIC INDUSTRY, ESPECIALLY IN HIS CAPACITY AS A NOTED BASSIST FOR MOTOWN RECORDS AND TO REQUEST THAT HE BE INDUCTED INTO THE SOUTH CAROLINA MUSIC HALL OF FAME.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 3619 (Word version) -- Reps. Owens, Hiott, Skelton, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND JANEY TURNER OF EASLEY FOR HER FINE WORK ENCOURAGING AMERICAN SERVICEMEN AND WOMEN THROUGH HER NONPROFIT ORGANIZATION, HANDS FOR SOLDIERS, AND TO CONGRATULATE HER ON RECEIVING A 2009 PRUDENTIAL


Printed Page 1311 . . . . . Thursday, February 26, 2009

SPIRIT OF COMMUNITY AWARD, PRESENTED BY PRUDENTIAL FINANCIAL.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3620 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-245 SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICIALS WITH APPROPRIATE JURISDICTION MAY NOT CHARGE A CIVIC CLUB WITH A STATEWIDE OR NATIONAL AFFILIATION, A CHURCH, OR A SCHOOL OR SCHOOL-SPONSORING ORGANIZATION CONDUCTING A RAFFLE FOR THE BENEFIT OF THE ORGANIZATION WITH A VIOLATION OF LAW, BUT INSTEAD SHALL INFORM THE ORGANIZATION THAT THE CONDUCT OF A RAFFLE VIOLATES STATE LAW, AND TO PROVIDE FOR CERTAIN CONDITIONS AND LIMITATIONS FOR THIS PROVISION TO APPLY.
Referred to Committee on Judiciary

S. 195 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 50-21-870 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WEARING OF PERSONAL FLOTATION DEVICES ON PERSONAL WATERCRAFTS, SO AS TO PROVIDE THAT A PERSON IS NOT REQUIRED TO WEAR A PERSONAL FLOTATION DEVICE IF THE PERSON IS IN POSSESSION OF A PERSONAL WATERCRAFT THAT IS LOCATED IN THREE FEET OF WATER OR LESS, AND IS ANCHORED, AND THE ENGINE IS NOT OPERATING.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

HOUSE RESOLUTION

The following was introduced:

H. 3621 (Word version) -- Reps. Agnew, Gambrell, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley,


Printed Page 1312 . . . . . Thursday, February 26, 2009

G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND DONALDS GRANGE NO. 497 FOR ITS CONTRIBUTIONS TO THE COMMUNITY OF DONALDS AND ABBEVILLE COUNTY, AND TO COMMEMORATE THE OCCASION OF THE STATE GRANGE ANNUAL MEETING IN DONALDS, AS WELL AS THE TRANSFER OF THE DONALDS GRANGE BUILDING AND REAL PROPERTY TO THE TOWN OF DONALDS AT THAT MEETING, ON SATURDAY, FEBRUARY 28, 2009.

The Resolution was adopted.

ROLL CALL

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

Allen                  Allison                Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. A. Brown            R. L. Brown            Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Cole                   Cooper
Crawford               Daning                 Delleney
Dillard                Duncan                 Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard

Printed Page 1313 . . . . . Thursday, February 26, 2009

Gullick                Gunn                   Haley
Hamilton               Hardwick               Harrison
Hart                   Harvin                 Hayes
Hearn                  Herbkersman            Hiott
Hodges                 Horne                  Hosey
Huggins                Hutto                  Jefferson
Jennings               Kelly                  Kennedy
King                   Knight                 Littlejohn
Loftis                 Long                   Lucas
Mack                   McEachern              Miller
Millwood               Mitchell               Moss
Nanney                 J. M. Neal             Ott
Owens                  Parker                 Parks
E. H. Pitts            M. A. Pitts            Rutherford
Sandifer               Scott                  Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stewart                Stringer
Thompson               Toole                  Umphlett
Weeks                  Whipper                White
Whitmire               Williams               Willis
Wylie                  T. R. Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 26.

Paul Agnew                        Terry Alexander
Carl Anderson                     Boyd Brown
Robert Harrell                    H.B. "Chip" Limehouse
Phillip Lowe                      Walton McLeod
James Merrill                     Lewis E. Pinson
Gary Simrill                      James E. Smith
Thad Viers                        Annette Young
Jerry Govan                       Denny Neilson
Joseph Neal                       Bakari Sellers
Leon Howard

Total Present--120


Printed Page 1314 . . . . . Thursday, February 26, 2009

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. KIRSH a leave of absence for the day, due to a death in the family.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. RICE a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. JENNINGS a leave of absence for the remainder of the day, to attend a meeting.

DOCTOR OF THE DAY

Announcement was made that Dr. Coleman Floyd Buckhouse of Florence was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. MILLWOOD presented to the House the Landrum High School "Cardinals" Varsity Cross Country Team, the 2008 Class A Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. MILLWOOD presented to the House the Landrum High School "Lady Cardinals" Varsity Volleyball Team, the 2008 Class A Champions, their coaches and other school officials.

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."


Printed Page 1315 . . . . . Thursday, February 26, 2009

CO-SPONSORS ADDED

Bill Number:   H. 3509 (Word version)
Date:   ADD:
02/26/09   LITTLEJOHN, J. R. SMITH, HIOTT and ERICKSON

CO-SPONSOR ADDED

Bill Number:   H. 3037 (Word version)
Date:   ADD:
02/26/09   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3042 (Word version)
Date:   ADD:
02/26/09   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3179 (Word version)
Date:   ADD:
02/26/09   HUTTO

CO-SPONSOR ADDED

Bill Number:   H. 3254 (Word version)
Date:   ADD:
02/26/09   BRANHAM

CO-SPONSOR ADDED

Bill Number:   H. 3265 (Word version)
Date:   ADD:
02/26/09   CLEMMONS

CO-SPONSORS ADDED

Bill Number:   H. 3270 (Word version)
Date:   ADD:
02/26/09   WYLIE and WHIPPER


Printed Page 1316 . . . . . Thursday, February 26, 2009

CO-SPONSORS ADDED

Bill Number:   H. 3305 (Word version)
Date:   ADD:
02/26/09   SANDIFER, MILLWOOD, HALEY, BALLENTINE, M. A. PITTS, COOPER, WHITE, GAMBRELL, BOWEN and UMPHLETT

CO-SPONSOR ADDED

Bill Number:   H. 3311 (Word version)
Date:   ADD:
02/26/09   WYLIE

CO-SPONSOR ADDED

Bill Number:   H. 3315 (Word version)
Date:   ADD:
02/26/09   CLEMMONS

CO-SPONSORS ADDED

Bill Number:   H. 3418 (Word version)
Date:   ADD:
02/26/09   BINGHAM, UMPHLETT and SANDIFER

CO-SPONSORS ADDED

Bill Number:   H. 3439 (Word version)
Date:   ADD:
02/26/09   SANDIFER, DILLARD, GUNN, HART, MITCHELL, T. R. YOUNG, LONG, STRINGER, GULLICK, SCOTT and HUTTO

CO-SPONSOR ADDED

Bill Number:   H. 3491 (Word version)
Date:   ADD:
02/26/09   BRADY

CO-SPONSOR ADDED

Bill Number:   H. 3525 (Word version)
Date:   ADD:
02/26/09   CLEMMONS


Printed Page 1317 . . . . . Thursday, February 26, 2009

CO-SPONSOR ADDED

Bill Number:   H. 3529 (Word version)
Date:   ADD:
02/26/09   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 3550 (Word version)
Date:   ADD:
02/26/09   SOTTILE

CO-SPONSOR ADDED

Bill Number:   H. 3418 (Word version)
Date:   ADD:
02/26/09   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 3491 (Word version)
Date:   ADD:
02/26/09   BANNISTER

CO-SPONSOR ADDED

Bill Number:   H. 3042 (Word version)
Date:   ADD:
02/26/09   BANNISTER

CO-SPONSORS ADDED

Bill Number:   H. 3576 (Word version)
Date:   ADD:
02/26/09   LOFTIS, FRYE, EDGE, CRAWFORD, CATO, LITTLEJOHN, MITCHELL, LOWE, SCOTT, DANING, BOWERS and HARRISON

CO-SPONSOR ADDED

Bill Number:   H. 3488 (Word version)
Date:   ADD:
02/26/09   HART


Printed Page 1318 . . . . . Thursday, February 26, 2009

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
02/26/09   HUTTO

H. 3589--COMMITTED

The following Bill was taken up:

H. 3589 (Word version) -- Reps. White, Bowen, Thompson, Cooper and Gambrell: A BILL TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANDERSON COUNTY SCHOOL DISTRICT BUDGETS AND TAX MILLAGES, SO AS TO PROVIDE THAT THE BUDGET THAT A SCHOOL DISTRICT IN ANDERSON COUNTY MUST PROVIDE TO THE ANDERSON COUNTY BOARD OF EDUCATION MUST INCLUDE AN ITEMIZED ACCOUNTING OF HOW OPERATING FUNDS OF THE DISTRICT ARE PROPOSED TO BE ALLOCATED, AND TO PROVIDE THAT THE BOARD MAY DELETE ITEMS OR SHIFT FUNDS AMONG BUDGET ITEMS OF DISTRICT BUDGETS.

Rep. THOMPSON moved to commit the Bill to the Anderson Delegation, which was agreed to.

SENT TO THE SENATE

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

H. 3343 (Word version) -- Reps. Rutherford, Weeks and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-5-180 SO AS TO PROVIDE THAT THE ADMINISTRATOR OF A JAIL OR DETENTION CENTER SHALL PROVIDE AN ATTORNEY ACCESS TO HIS CLIENTS WHO ARE CONFINED IN THESE FACILITIES DURING THE PERIOD OF EIGHT O'CLOCK A.M. TO SIX O'CLOCK P.M.

H. 3080 (Word version) -- Reps. J. E. Smith, Williams and Sellers: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO CERTAIN MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS CONTAINED IN THIS


Printed Page 1319 . . . . . Thursday, February 26, 2009

DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE RESTRICTED LICENSEE PROVES THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND RELIGIOUS SPONSORED EVENTS.

H. 3094 (Word version) -- Reps. Littlejohn, Parker and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4975 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A VEHICLE THAT IS NO LONGER PERMITTED AND LICENSED AS AN AMBULANCE UNLESS THE VEHICLE'S EXTERIOR EQUIPMENT AND MARKINGS THAT DISTINGUISH IT AS AN AMBULANCE ARE REMOVED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE A PENALTY.

H. 3175 (Word version) -- Reps. G. R. Smith, G. M. Smith and Bedingfield: A BILL TO AMEND SECTION 59-40-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION TO A CHARTER SCHOOL, SO AS TO PROVIDE THAT ENROLLMENT PRIORITY MAY BE GIVEN TO A SIBLING OF A PUPIL ALREADY ENROLLED IN THE CHARTER SCHOOL WHO HAS ATTENDED THE SCHOOL FOR ONE YEAR OR MORE.

H. 3187 (Word version) -- Reps. Chalk and Willis: 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. 3123--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3123 (Word version) -- Reps. J. E. Smith, H. B. Brown, McLeod, Horne, Weeks, Hutto and T. R. Young: A BILL TO AMEND SECTION 40-5-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


Printed Page 1320 . . . . . Thursday, February 26, 2009

THE PROHIBITION AGAINST ANY PERSON PRACTICING OR SOLICITING THE CAUSE OF ANOTHER PERSON IN A COURT OF THIS STATE UNLESS HE HAS BEEN ADMITTED AND SWORN AS AN ATTORNEY, SO AS TO PROVIDE THAT THE PERSON MUST BE ENROLLED AS A MEMBER OF THE SOUTH CAROLINA BAR IN ORDER TO PRACTICE LAW OR SOLICIT THE LEGAL CAUSE OF ANOTHER, AND TO PROVIDE THE PRACTICE OF LAW SHALL BE DEFINED BY THE SUPREME COURT PRIOR TO ANY CHARGE BEING FILED PURSUANT TO THIS SECTION.

The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\GJK\20129HTC09), which was adopted:
Amend the bill, as and if amended, by striking Section 40-5-310, as contained in SECTION 1, page 1, and inserting:
/   Section 40-5-310.     No person may either practice law or solicit the legal cause of another person in a court of or entity in this State unless he has been admitted and sworn is enrolled as an attorney a member of the South Carolina Bar pursuant to applicable court rules, or otherwise authorized to perform prescribed legal activities by action of the Supreme Court of South Carolina. The specific conduct that is the subject of any charge filed pursuant to this section must have been defined as the unauthorized practice of law by decisions of the Supreme Court of South Carolina prior to any charge being filed. A person who violates this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.   /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3123--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3123 (Word version) be read the third time tomorrow.


Printed Page 1321 . . . . . Thursday, February 26, 2009

SPEAKER IN CHAIR

H. 3565--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3565 (Word version) -- Reps. Clemmons, Horne and A. D. Young: A BILL TO AMEND SECTION 4-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY COUNCIL MEMBERS HOLDING OTHER OFFICES AND THE SALARY AND COMPENSATION OF COUNCIL MEMBERS, SO AS TO PROVIDE THAT AN ORDINANCE REDUCING THE SALARY OF A COUNCIL MEMBER IS EFFECTIVE ON THIRD READING OF THE ORDINANCE, UNLESS PROVIDED OTHERWISE.

Rep. CLEMMONS proposed the following Amendment No. 3 (COUNCIL\DKA\3199DW09):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Section 5-7-170 of the 1976 Code is amended to read:

"Section 5-7-170.   (A)   The council may determine the annual salary of its members by ordinance; provided, that an ordinance establishing or increasing such the salaries shall must not become effective until the commencement date of the terms of two or more members elected at the next general election following the adoption of the ordinance,. At which that time it will become becomes effective for all members whether or not they were elected in such that election.

(B)   An ordinance reducing the salary of council is effective on the date the ordinance receives third reading, unless provided otherwise.

(C)   The mayor and council members may also may receive payment for actual expenses incurred in the performance of their official duties within limitations prescribed by ordinance." /
Renumber sections to conform.
Amend title to conform.

Rep. CLEMMONS explained the amendment.

Rep. MCLEOD moved to adjourn debate on the Bill.

Rep. CLEMMONS moved to table the motion.


Printed Page 1322 . . . . . Thursday, February 26, 2009

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

Yeas 74; Nays 41

Those who voted in the affirmative are:

Agnew                  Allison                Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hayes                  Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Knight                 Limehouse
Littlejohn             Long                   Lowe
Lucas                  Merrill                Miller
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Stringer               Thompson               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--74

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bowers
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Govan
Gunn                   Hart                   Harvin
Hodges                 Hosey                  Howard

Printed Page 1323 . . . . . Thursday, February 26, 2009

Hutto                  Jefferson              Kennedy
King                   Mack                   McEachern
McLeod                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                J. E. Smith            Weeks
Whipper                Williams

Total--41

So, the motion to adjourn debate was tabled.

The question then recurred to the adoption of the amendment.

Rep. BALES spoke against the amendment.

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

H. 3245--SENT TO THE SENATE

The following Bill was taken up:

H. 3245 (Word version) -- Reps. Delleney, Nanney, Simrill, G. R. Smith, G. M. Smith, Lucas, Cooper, Stringer, Parker, Allison, Pinson, Hamilton, Erickson, J. R. Smith, Clemmons, Bedingfield, E. H. Pitts, Owens, Rice, Hiott, Littlejohn, Stewart, Viers, Willis, Loftis, Toole, Wylie, Vick, Millwood, Haley, Duncan, Ballentine, Frye and Barfield: A BILL TO AMEND SECTION 44-41-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO PREREQUISITES TO PERFORMING AN ABORTION, SO AS TO PROVIDE THAT IF AN ULTRASOUND IS PERFORMED, AN ABORTION MUST NOT BE PERFORMED SOONER THAN TWENTY-FOUR HOURS, RATHER THAN SIXTY MINUTES, FOLLOWING THE COMPLETION OF THE ULTRASOUND, TO REQUIRE THE WOMAN TO BE INFORMED OF THE PROCEDURE TO BE INVOLVED AND THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS, AND TO PROVIDE THAT AN ABORTION MAY NOT BE PERFORMED SOONER THAN TWENTY-FOUR HOURS, RATHER THAN ONE


Printed Page 1324 . . . . . Thursday, February 26, 2009

HOUR, AFTER THE WOMAN RECEIVES CERTAIN WRITTEN MATERIALS.

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

Yeas 87; Nays 24

Those who voted in the affirmative are:

Agnew                  Allison                Anthony
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
H. B. Brown            Cato                   Chalk
Clemmons               Clyburn                Cole
Cooper                 Crawford               Daning
Delleney               Duncan                 Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Govan
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hayes                  Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  McLeod                 Merrill
Miller                 Millwood               Moss
Nanney                 J. M. Neal             Neilson
Ott                    Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Sandifer               Scott                  Sellers
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stewart
Stringer               Thompson               Toole
Umphlett               Viers                  Weeks
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--87


Printed Page 1325 . . . . . Thursday, February 26, 2009

Those who voted in the negative are:
Allen                  Bales                  Branham
Brantley               G. A. Brown            R. L. Brown
Cobb-Hunter            Dillard                Gilliard
Hart                   Hodges                 Hosey
Howard                 Hutto                  Jefferson
Kennedy                King                   Mack
McEachern              J. H. Neal             Parks
J. E. Smith            Whipper                Williams

Total--24

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

H. 3342--SENT TO THE SENATE

The following Bill was taken up:

H. 3342 (Word version) -- Reps. Delleney, Simrill, Nanney, Allison, Clemmons, Erickson, Hamilton, Lucas, Owens, Parker, Pinson, Scott, G. R. Smith, J. R. Smith, Loftis, Duncan, Hiott, Bedingfield, Rice and Vick: A BILL TO AMEND SECTION 2-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION OF THE WORDS "PERSON" AND "PARTY" AS THOSE WORDS APPEAR IN THE LAWS OF THIS STATE, SO AS TO PROVIDE FURTHER FOR THE CONSTRUCTION OF "PERSON", "HUMAN BEING", "CHILD", AND "INDIVIDUAL", SO THAT THEY INCLUDE EVERY INFANT MEMBER OF SPECIES HOMO SAPIENS WHO IS BORN ALIVE AND TO DEFINE "BORN ALIVE".

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

Yeas 100; Nays 8

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. A. Brown
H. B. Brown            Cato                   Chalk

Printed Page 1326 . . . . . Thursday, February 26, 2009

Clemmons               Clyburn                Cole
Cooper                 Crawford               Daning
Delleney               Edge                   Erickson
Forrester              Funderburk             Gambrell
Govan                  Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hayes                  Hearn
Hiott                  Horne                  Hosey
Huggins                Hutto                  Jefferson
Kelly                  Knight                 Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  McEachern
McLeod                 Merrill                Miller
Millwood               Mitchell               Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parker                 Parks                  Pinson
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Stavrinakis            Stewart                Stringer
Thompson               Toole                  Umphlett
Viers                  Weeks                  Whipper
White                  Whitmire               Williams
Willis                 Wylie                  A. D. Young
T. R. Young

Total--100

Those who voted in the negative are:

Cobb-Hunter            Gilliard               Gunn
Hart                   Harvin                 Howard
Kennedy                Sellers

Total--8

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


Printed Page 1327 . . . . . Thursday, February 26, 2009

H. 3509--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3509 (Word version) -- Reps. M. A. Pitts, Duncan, Thompson, Bowen, Toole, Stringer, Hamilton, Pinson, Bedingfield, G. R. Smith, Cooper, Crawford, Long, Lowe, Nanney, Owens, E. H. Pitts, Rice, Viers, White, Haley, Clemmons, Horne, Wylie, Huggins, Allison, Parker, A. D. Young, Millwood, Simrill, Willis, Herbkersman, Cato, Littlejohn, J. R. Smith, Hiott and Erickson: A CONCURRENT RESOLUTION TO AFFIRM THE RIGHTS OF ALL STATES INCLUDING SOUTH CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.

The Concurrent Resolution was adopted and sent to the Senate.

S. 428--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 428 (Word version) -- Senators L. Martin, Verdin, Bright, Alexander, Bryant and Rose: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO MAKE PERMANENT THE E-VERIFY PROGRAM.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3067--DEBATE ADJOURNED

The following Bill was taken up:

H. 3067 (Word version) -- Reps. Clemmons, Brady, M. A. Pitts, Merrill, Wylie, Bingham, Viers, Harrell, Owens, Nanney and Bedingfield: A BILL TO AMEND SECTION 7-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROHIBIT A CANDIDATE FROM FILING MORE THAN ONE STATEMENT OF INTENTION OF CANDIDACY FOR A SINGLE ELECTION, AND TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY FOR A SINGLE OFFICE IN AN ELECTION;


Printed Page 1328 . . . . . Thursday, February 26, 2009

AND TO AMEND SECTION 7-13-320, RELATING TO BALLOTS AND SPECIFICATIONS, SO AS TO PROHIBIT A CANDIDATE'S NAME FROM APPEARING ON THE BALLOT MORE THAN ONCE.

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

H. 3170--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3170 (Word version) -- Reps. Gunn, Wylie, Hart, Loftis, R. L. Brown, Whipper and King: A JOINT RESOLUTION TO CREATE THE JOINT ELECTRONIC HEALTH INFORMATION STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF INCREASING THE USE OF HEALTH INFORMATION TECHNOLOGY AND ELECTRONIC PERSONAL HEALTH RECORDS, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2010, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (COUNCIL\BBM\ 9156ZW09), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1(B)(1) to read:

/ (1)   sixseven members appointed by the Governor that must include a physician, a hospital administrator, a pharmacist, a consumer representative, a representative of the health insurance industry, a representative from the information technology sector with expertise in electronic privacy issues, and a member of the public at-large; /
Amend the joint resolution further, SECTION 1(F) to read:

/ (F)   The members of the committee may not receive compensation, but are not entitled to receive mileage, subsistence, and per diem authorized by law for members of state boards, committees, and commissions payable from approved accounts of the Senate and the House of Representatives. /
Renumber sections to conform.
Amend title to conform.


Printed Page 1329 . . . . . Thursday, February 26, 2009

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

Rep. GUNN proposed the following Amendment No. 2 (HOUSE\7228ZW09KRL), which was adopted:
Amend the joint resolution, as and if amended, by deleting subsection (B)(1), as contained in SECTION 1, and inserting:
/ (1)   seven members appointed by the Governor that must include a physician, a hospital administrator, a pharmacist, a consumer representative, a representative of the health insurance industry, a representative from the information technology sector with expertise in electronic privacy issues, and a member of the public at-large; /
Amend the joint resolution further, by deleting subsection (F), as contained in SECTION 1, and inserting:
/ (F)   The members of the committee may not receive compensation and are not entitled to receive mileage, subsistence, and per diem authorized by law for members of state boards, committees. /
Renumber sections to conform.
Amend title to conform.

Rep. GUNN explained the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. G. R. SMITH spoke against the amendment.
Rep. LOFTIS spoke in favor of the amendment.
The amendment was then adopted.

Rep. AGNEW proposed the following Amendment No. 3 (HOUSE\7229ZW09KRL), which was adopted:
Amend the joint resolution, as and if amended, by deleting subsection (B)(1), as contained in SECTION 1, and inserting:
/ (1)   Nine members appointed by the Governor that must include a physician, a hospital administrator, a pharmacist, a consumer representative, a representative of the health insurance industry, a representative from the information technology sector with expertise in electronic privacy issues, a representative of the South Carolina Emergency Medical Services Association, and a member of the public at-large; /
Renumber sections to conform.
Amend title to conform.

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


Printed Page 1330 . . . . . Thursday, February 26, 2009

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 100; Nays 13

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Ballentine
Bannister              Barfield               Battle
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Cole
Cooper                 Daning                 Delleney
Dillard                Duncan                 Edge
Erickson               Forrester              Funderburk
Gambrell               Gilliard               Govan
Gunn                   Haley                  Hardwick
Harrell                Harrison               Hart
Harvin                 Hayes                  Hearn
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Howard
Huggins                Hutto                  Jefferson
Kennedy                King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McLeod                 Merrill                Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rutherford
Sandifer               Scott                  Sellers
Simrill                Skelton                J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Thompson
Toole                  Umphlett               Viers
Weeks                  Whipper                White
Whitmire               Williams               Willis
Wylie

Total--100


Printed Page 1331 . . . . . Thursday, February 26, 2009

Those who voted in the negative are:
Allison                Bedingfield            Gullick
Hamilton               Kelly                  Littlejohn
Millwood               Nanney                 Parker
G. M. Smith            G. R. Smith            Stewart
T. R. Young

Total--13

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

H. 3170--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GUNN, with unanimous consent, it was ordered that H. 3170 (Word version) be read the third time tomorrow.

H. 3418--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3418 (Word version) -- Reps. Harrell, Simrill, Crawford, Huggins, Bedingfield, Merrill, G. R. Smith, Erickson, Ballentine, Brady, Chalk, Daning, Delleney, Frye, Gambrell, Hamilton, Harrison, Hearn, Herbkersman, Loftis, Long, Lucas, Nanney, Pinson, Rice, G. M. Smith, Spires, Stringer, Thompson, Viers, Willis, Wylie, T. R. Young, Clemmons, Owens, Parker, Toole, M. A. Pitts, Lowe, Bingham, Umphlett, Sandifer and Edge: A BILL TO AMEND SECTION 7-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESENTATION OF A PERSON'S PROOF OF HIS RIGHT TO VOTE, SO AS TO REQUIRE THE ELECTOR TO PRODUCE A VALID PHOTO IDENTIFICATION CARD AT THE TIME OF COSTING HIS BALLOT, TO REQUIRE A POLL MANAGER TO COMPARE THE PHOTOGRAPH ON THE REQUIRED IDENTIFICATION WITH THE PERSON PRESENTING HIMSELF TO VOTE AND VERIFY THAT THE PHOTOGRAPH IS THAT OF THE PERSON SEEKING TO VOTE.

The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\DKA\3166DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 1332 . . . . . Thursday, February 26, 2009

/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license, or other form of identification containing a photograph issued by the Department of Motor Vehicles, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector or a passport or military identification issued by the federal government. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. One of the managers also shall compare the photograph contained on the required identification with the person presenting himself to vote. The manager shall verify that the photograph is that of the person seeking to vote. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license or other form of identification containing a photograph issued by the Department of Motor Vehicles or a passport or military identification issued by the federal government as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid photo identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:


Printed Page 1333 . . . . . Thursday, February 26, 2009

"Section 7-17-10.     The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   Section 7-17-220 of the 1976 Code, as last amended by Act 276 of 1992, is further amended to read:

"Section 7-17-220.   Unless otherwise provided in Section 7-3-10(c), the Board of State Canvassers shall meet at the office of the Election Commission within ten days after any general election no more than five days after the commissioners of election meet pursuant to Section 7-17-10 for the purpose of canvassing the vote for all officers voted for at such election, including the vote for the electors for President and Vice-President, and for the purpose of canvassing the vote on all Constitutional Amendments and questions and other issues."
SECTION   4.   Section 56-1-3350 of the 1976 Code, as last amended by Act 176 of 2005, is further amended to read:

"Section 56-1-3350.   (A)   Upon application by any a person five years of age or older who is a resident of South Carolina, the Department of Motor Vehicles shall issue a special identification card, at no charge, as long as:

(1)   the application is made on a form approved and furnished by the department; and

(2)   the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth.

The fee for the issuance of the special identification card is five dollars, and the identification card expires five years from the date of


Printed Page 1334 . . . . . Thursday, February 26, 2009

issuance. The renewal fee is also five dollars. Issuance and renewal fees are waived for indigent persons who are mentally ill, mentally retarded, homeless, or who are on public assistance as the sole source of income. As used in this section "indigent" means a person who is qualified for legal assistance which is paid for with public funds. For purposes of this section, a homeless person is an individual who lacks a fixed and regular nighttime residence or an individual who has a primary nighttime residence that is:

(a)   a supervised publicly or privately operated shelter designed to provide temporary living accommodations, including congregated shelters and transitional housing;

(b)   an institution that provides a temporary residence for individuals intended to be institutionalized; or

(c)   a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.

The term does not include any individual imprisoned or otherwise detained pursuant to an act of Congress. Annually, the director of a facility which provides care or shelter to homeless persons must certify this fact to the department. The department must maintain a list of facilities which are approved by the department, and only letters from the directors of these approved facilities are considered to comply with the provisions of this section. To have the issuance or renewal fee waived for an identification card, a homeless person must present a letter to the department from the director of a facility that provides care or shelter to homeless persons certifying that the person named in the letter is homeless. The letter may not be older than thirty days.

(B)   Special identification cards issued to persons under the age of twenty-one must be marked, stamped, or printed to readily indicate that the person to whom the card is issued is under the age of twenty-one.

The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties   General Fund     Department of
Collected After     of the State     Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005     60 percent       40 percent

June 30, 2006     20 percent       80 percent

June 30, 2007     0 percent       100 percent."
SECTION   5.   This act takes effect January 1, 2010. /


Printed Page 1335 . . . . . Thursday, February 26, 2009

Renumber sections to conform.
Amend title to conform.

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

Rep. CLEMMONS proposed the following Amendment No. 2 (COUNCIL\MS\7239AHB09), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license, or other form of identification containing a photograph issued by the Department of Motor Vehicles, if he is not licensed to drive, or the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector or a passport or military identification issued by the federal government. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. One of the managers also shall compare the photograph contained on the required identification with the person presenting himself to vote. The manager shall verify that the photograph is that of the person seeking to vote. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter


Printed Page 1336 . . . . . Thursday, February 26, 2009

is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license or other form of identification containing a photograph issued by the Department of Motor Vehicles or a passport or military identification issued by the federal government as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid photo identification to the board of voter registration prior to certification by the county board of canvassers."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.     The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   Section 7-17-220 of the 1976 Code, as last amended by Act 276 of 1992, is further amended to read:

"Section 7-17-220.   Unless otherwise provided in Section 7-3-10(c), the Board of State Canvassers shall meet at the office of the Election Commission within ten days after any general election no more than five days after the commissioners of election meet pursuant to Section 7-17-10 for the purpose of canvassing the vote for all officers voted for at such election, including the vote for the electors for President and Vice-President, and for the purpose of canvassing the vote on all Constitutional Amendments and questions and other issues."


Printed Page 1337 . . . . . Thursday, February 26, 2009

SECTION   4.   Section 56-1-3350 of the 1976 Code, as last amended by Act 176 of 2005, is further amended to read:

"Section 56-1-3350.   (A)   Upon application by any a person five years of age or older who is a resident of South Carolina, the Department of Motor Vehicles shall issue a special identification card, at no charge, as long as:

(1)   the application is made on a form approved and furnished by the department; and

(2)   the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth.

The fee for the issuance of the special identification card is five dollars, and the identification card expires five years from the date of issuance. The renewal fee is also five dollars. Issuance and renewal fees are waived for indigent persons who are mentally ill, mentally retarded, homeless, or who are on public assistance as the sole source of income. As used in this section "indigent" means a person who is qualified for legal assistance which is paid for with public funds. For purposes of this section, a homeless person is an individual who lacks a fixed and regular nighttime residence or an individual who has a primary nighttime residence that is:

(a)   a supervised publicly or privately operated shelter designed to provide temporary living accommodations, including congregated shelters and transitional housing;

(b)   an institution that provides a temporary residence for individuals intended to be institutionalized; or

(c)   a public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings.

The term does not include any individual imprisoned or otherwise detained pursuant to an act of Congress. Annually, the director of a facility which provides care or shelter to homeless persons must certify this fact to the department. The department must maintain a list of facilities which are approved by the department, and only letters from the directors of these approved facilities are considered to comply with the provisions of this section. To have the issuance or renewal fee waived for an identification card, a homeless person must present a letter to the department from the director of a facility that provides care or shelter to homeless persons certifying that the person named in the letter is homeless. The letter may not be older than thirty days.


Printed Page 1338 . . . . . Thursday, February 26, 2009

(B)   Special identification cards issued to persons under the age of twenty-one must be marked, stamped, or printed to readily indicate that the person to whom the card is issued is under the age of twenty-one.

The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties   General Fund     Department of
Collected After     of the State     Transportation

State Non-Federal Aid

Highway Fund

June 30, 2005     60 percent       40 percent

June 30, 2006     20 percent       80 percent

June 30, 2007     0 percent       100 percent."
SECTION   5.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

Rep. CLEMMONS explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that the Bill was out of order under Rule 5.13 in that a fiscal impact statement was required to be attached to the Bill.
SPEAKER HARRELL stated that the Bill had a fiscal impact statement attached and he overruled the Point of Order.

LEAVE OF ABSENCE

The SPEAKER granted Rep. DUNCAN a temporary leave of absence, due to business reasons.

Rep. CLEMMONS continued speaking.

Rep. SELLERS moved to divide the question.

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

Yeas 49; Nays 66


Printed Page 1339 . . . . . Thursday, February 26, 2009

Those who voted in the affirmative are:
Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Kennedy                King
Knight                 Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sellers                J. E. Smith
Stavrinakis            Weeks                  Whipper
Williams

Total--49

Those who voted in the negative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Edge
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Millwood
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Sandifer               Scott                  Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stewart                Stringer               Thompson

Printed Page 1340 . . . . . Thursday, February 26, 2009

Toole                  Umphlett               Viers
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--66

So, the House refused to divide the question.

Rep. SELLERS spoke against the amendment.

POINT OF ORDER

Rep. STAVRINAKIS raised the Point of Order that Amendment No. 2 was out of order under Rule 9.5 in that amendments should be taken up in the order in which they are received. He stated that Amendment No. 2 was a substitute amendment and was not the same version that had been originally presented to the desk.
SPEAKER HARRELL stated that Amendment No. 2 was not a substitute amendment and Amendment No. 2 had been taken up in the order in which the desk had received it. He overruled the Point of Order.

Rep. SELLERS moved to commit the Bill to the Committee on Ways and Means.

Rep. LIMEHOUSE moved to table the motion.

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

Yeas 64; Nays 46

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Brady                  Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Edge
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrison
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly

Printed Page 1341 . . . . . Thursday, February 26, 2009

Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--64

Those who voted in the negative are:

Agnew                  Allen                  Anthony
Bales                  Battle                 Bowers
Branham                Brantley               H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Kennedy                King
Knight                 Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sellers                J. E. Smith
Stavrinakis            Weeks                  Whipper
Williams

Total--46

So, the motion to commit the Bill was tabled.

LEAVE OF ABSENCE

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


Printed Page 1342 . . . . . Thursday, February 26, 2009

Rep. HART spoke against the amendment.
Rep. HART spoke against the amendment.

Rep. VIERS moved cloture on the entire matter.

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

Yeas 62; Nays 48

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Bedingfield            Bingham                Brady
Cato                   Chalk                  Clemmons
Cole                   Cooper                 Crawford
Daning                 Edge                   Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stringer               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--62

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Battle                 Bowers
Branham                Brantley               H. B. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan

Printed Page 1343 . . . . . Thursday, February 26, 2009

Gunn                   Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Hutto                  Jefferson
Kennedy                King                   Knight
Mack                   McEachern              McLeod
Miller                 Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Sellers
J. E. Smith            Stavrinakis            Thompson
Weeks                  Whipper                Williams

Total--48

So, cloture was ordered.

Rep. HART moved to adjourn debate on the Bill.

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

Yeas 46; Nays 64

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Battle
Branham                Brantley               H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Kennedy                King
Knight                 Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sellers                J. E. Smith
Stavrinakis            Weeks                  Whipper
Williams

Total--46


Printed Page 1344 . . . . . Thursday, February 26, 2009

Those who voted in the negative are:
Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Millwood
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Sandifer               Scott                  Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Stringer
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--64

So, the House refused to adjourn debate.

Rep. WEEKS moved to table the Bill.

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

Yeas 46; Nays 65

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Battle
Branham                Brantley               H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hart

Printed Page 1345 . . . . . Thursday, February 26, 2009

Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Kennedy                King
Knight                 Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sellers                J. E. Smith
Stavrinakis            Weeks                  Whipper
Williams

Total--46

Those who voted in the negative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Stringer               Thompson               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--65

So, the House refused to table the Bill.


Printed Page 1346 . . . . . Thursday, February 26, 2009

Rep. J. E. SMITH moved to continue the Bill.

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

Yeas 40; Nays 64

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Bales                  Battle                 Branham
Brantley               H. B. Brown            R. L. Brown
Clyburn                Dillard                Funderburk
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Hutto                  Jefferson
Kennedy                King                   Knight
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Parks                  Rutherford             Sellers
J. E. Smith            Stavrinakis            Weeks
Williams

Total--40

Those who voted in the negative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Millwood
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Sandifer               Scott                  Simrill

Printed Page 1347 . . . . . Thursday, February 26, 2009

Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Stringer
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--64

So, the House refused to continue the Bill.

Rep. HART moved that the House recede subject to the call of the chair.

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

Yeas 36; Nays 65

Those who voted in the affirmative are:

Alexander              Allen                  Battle
Branham                Brantley               H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Hutto                  Jefferson
King                   Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Ott                    Sellers                J. E. Smith
Stavrinakis            Weeks                  Williams

Total--36

Those who voted in the negative are:

Allison                Anderson               Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Clemmons
Cole                   Cooper                 Crawford
Daning                 Edge                   Erickson

Printed Page 1348 . . . . . Thursday, February 26, 2009

Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Horne                  Howard                 Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Millwood
Owens                  Parker                 Parks
Pinson                 E. H. Pitts            M. A. Pitts
Sandifer               Simrill                Skelton
G. R. Smith            J. R. Smith            Sottile
Stringer               Thompson               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--65

So, the House refused to recede subject to the call of the chair.

Rep. HART moved that the House do now adjourn.

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

Yeas 38; Nays 65

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Branham                Brantley
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Hutto                  Jefferson              Kennedy
King                   Mack                   McEachern
McLeod                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott

Printed Page 1349 . . . . . Thursday, February 26, 2009

Parks                  Rutherford             Sellers
Weeks                  Williams

Total--38

Those who voted in the negative are:

Allison                Ballentine             Bannister
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Miller
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Stavrinakis
Stringer               Thompson               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--65

So, the House refused to adjourn.

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

The question then recurred to the adoption of the amendment.

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

Yeas 61; Nays 44


Printed Page 1350 . . . . . Thursday, February 26, 2009

Those who voted in the affirmative are:
Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Kelly
Limehouse              Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Stringer               Thompson               Toole
Umphlett               White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--61

Those who voted in the negative are:

Alexander              Allen                  Anderson
Battle                 Branham                Brantley
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Hutto                  Jefferson              Kennedy
King                   Knight                 Mack
McEachern              McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Sellers

Printed Page 1351 . . . . . Thursday, February 26, 2009

J. E. Smith            Stavrinakis            Viers
Weeks                  Williams

Total--44

So, the amendment was adopted.

RECORD FOR VOTING

I inadvertently voted against Amendment No. 2 to H. 3418. I intended to vote in favor of the Amendment.

Rep. Thad Viers

Reps. WEEKS, MCLEOD and MILLER proposed the following Amendment No. 3 (COUNCIL\DKA\3209DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license, whether expired or not, valid identification card issued by the State of South Carolina or the federal government, voter identification card issued by the State of South Carolina or by the county in which the person is registered to vote, valid United States passport, valid employee identification card containing a photograph issued by any brand, department, agency, or entity of the United States government, the State of South Carolina, or any county, municipality, board, authority or other entity of the state if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath


Printed Page 1352 . . . . . Thursday, February 26, 2009

appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license, whether expired or not, valid identification card issued by the State of South Carolina or the federal government, voter identification card issued by the State of South Carolina or by the county in which the person is registered to vote, valid United States passport, valid employee identification card containing a photograph issued by any brand, department, agency, or entity of the United States government, the State of South Carolina, or any county, municipality, board, authority or other entity of the state as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.     The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /


Printed Page 1353 . . . . . Thursday, February 26, 2009

Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD spoke in favor of the amendment.

Rep. CLEMMONS spoke against the amendment and moved to table the amendment.

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

Yeas 63; Nays 43

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stringer               Thompson
Toole                  Umphlett               Viers
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--63

Those who voted in the negative are:

Alexander              Allen                  Anderson
Battle                 Brantley               H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter

Printed Page 1354 . . . . . Thursday, February 26, 2009

Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Hutto                  Jefferson
Kennedy                King                   Knight
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                J. E. Smith            Stavrinakis
Vick                   Weeks                  Whipper
Williams

Total--43

So, the amendment was tabled.

Rep. WEEKS proposed the following Amendment No. 4 (COUNCIL\DKA\3175DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license, identification card that contains a photograph of the person issued by the State of South Carolina, identification card issued by any state, identification card the contains a photograph of the person issued by the federal government, tribal enrollment card or other form of tribal identification card, tribal census card, South Carolina vehicle registration, South Carolina vehicle insurance card, South Carolina property tax statement, utility bill dated within ninety days of the election, or bank or credit union statement dated within ninety days of the election if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or


Printed Page 1355 . . . . . Thursday, February 26, 2009

copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license, identification card that contains a photograph of the person issued by the State of South Carolina, identification card issued by any state, identification card the contains a photograph of the person issued by the federal government, tribal enrollment card or other form of tribal identification card, tribal census card, South Carolina vehicle registration, South Carolina vehicle insurance card, South Carolina property tax statement, utility bill dated within ninety days of the election, or bank or credit union statement dated within ninety days of the election as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.     The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the


Printed Page 1356 . . . . . Thursday, February 26, 2009

same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

Rep. WEEKS spoke in favor of the amendment.

Rep. CLEMMONS spoke against the amendment and moved to table the amendment.

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

Yeas 59; Nays 43

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            Sandifer               Scott
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Stringer
Toole                  Umphlett               Viers

Printed Page 1357 . . . . . Thursday, February 26, 2009

White                  Willis                 Wylie
A. D. Young            T. R. Young

Total--59

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Battle
Bowers                 Brantley               H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Harvin                 Hodges
Hosey                  Hutto                  Jefferson
Kennedy                King                   Knight
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Parks                  Rutherford             Sellers
J. E. Smith            Stavrinakis            Thompson
Vick                   Weeks                  Whipper
Williams

Total--43

So, the amendment was tabled.

Rep. WEEKS proposed the following Amendment No. 5 (COUNCIL\DKA\3176DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license, identification card that contains a photograph of the person issued by any state, identification card the contains a photograph of the person issued by the federal government, United States passport, United States military identification card that contains a photograph of the person, South Carolina hunting license, birth certificate, social security card, voter registration card, employee identification card that contains a photograph of the person, student identification card that contains a


Printed Page 1358 . . . . . Thursday, February 26, 2009

photograph of the person, utility bill, bank statement, or government-issued check, paycheck, or other government document that indicates the name and address of the person if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license, identification card that contains a photograph of the person issued by any state, identification card the contains a photograph of the person issued by the federal government, United States passport, United States military identification card that contains a photograph of the person, South Carolina hunting license, birth certificate, social security card, voter registration card, employee identification card that contains a photograph of the person, student identification card that contains a photograph of the person, utility bill, bank statement, or government-issued check, paycheck, or other government document that indicates the name and address of the person as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:


Printed Page 1359 . . . . . Thursday, February 26, 2009

"Section 7-17-10.   The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

Rep. WEEKS spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 62; Nays 37

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill

Printed Page 1360 . . . . . Thursday, February 26, 2009

Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Stringer               Thompson               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--62

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Battle                 Bowers
Brantley               H. B. Brown            R. L. Brown
Clyburn                Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Hutto
Jefferson              King                   Mack
McEachern              McLeod                 Miller
Moss                   J. M. Neal             Ott
Rutherford             Sellers                J. E. Smith
Vick                   Weeks                  Whipper
Williams

Total--37

So, the amendment was tabled.

Rep. WEEKS proposed the following Amendment No. 6 (COUNCIL\DKA\3177DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license; identification card issued by the South Carolina Department of Revenue; United States military identification card that contains a


Printed Page 1361 . . . . . Thursday, February 26, 2009

photograph of the person; pilot's license issued by the Federal Aviation Administration; employee identification card issued by the United States government, the State of South Carolina, or a political subdivision of the State of South Carolina; Medicare or Medicaid card; certified copy of the person's birth certificate; or certified documentation of naturalization if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license; identification card issued by the South Carolina Department of Revenue; United States military identification card that contains a photograph of the person; pilot's license issued by the Federal Aviation Administration; employee identification card issued by the United States government, the State of South Carolina, or a political subdivision of the State of South Carolina; Medicare or Medicaid card; certified copy of the person's birth certificate; or certified documentation of naturalization as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid identification to the board of voter registration within ten days after the election."


Printed Page 1362 . . . . . Thursday, February 26, 2009

SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.   The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

Rep. WEEKS spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 66; Nays 40

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Dillard                Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne

Printed Page 1363 . . . . . Thursday, February 26, 2009

Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Stringer               Thompson               Toole
Umphlett               Viers                  Whipper
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--66

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Battle                 Bowers
Branham                Brantley               H. B. Brown
R. L. Brown            Clyburn                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Hutto
Jefferson              Kennedy                King
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Parks                  Rutherford             Sellers
J. E. Smith            Vick                   Weeks
Williams

Total--40

So, the amendment was tabled.

Rep. WEEKS proposed the following Amendment No. 7 (COUNCIL\DKA\3178DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:


Printed Page 1364 . . . . . Thursday, February 26, 2009

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license, identification card issued by the State of South Carolina, United States passport, United States military identification card that contains a photograph of the person, employee identification card, buyer's club identification, debit or credit card, student identification card, retirement center identification card, neighborhood association identification card, entertainment identification card, or public assistance identification card if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license, identification card issued by the State of South Carolina, United States passport, United States military identification card that contains a photograph of the person, employee identification card, buyer's club identification, debit or credit card, student identification card, retirement center identification card, neighborhood association identification card, entertainment identification card, or public assistance identification card as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a


Printed Page 1365 . . . . . Thursday, February 26, 2009

valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.   The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

Rep. WEEKS spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 62; Nays 37

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell

Printed Page 1366 . . . . . Thursday, February 26, 2009

Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Long                   Lowe                   Lucas
Millwood               Nanney                 Owens
Parker                 E. H. Pitts            M. A. Pitts
Sandifer               Scott                  Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Stringer
Thompson               Toole                  Umphlett
Viers                  Whipper                White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--62

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Battle
Bowers                 Branham                H. B. Brown
Clyburn                Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Hutto
Jefferson              King                   Mack
McEachern              McLeod                 Miller
Mitchell               Moss                   J. H. Neal
Ott                    Rutherford             Sellers
J. E. Smith            Vick                   Weeks
Williams

Total--37

So, the amendment was tabled.

Rep. WEEKS proposed the following Amendment No. 8 (COUNCIL\DKA\3179DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:


Printed Page 1367 . . . . . Thursday, February 26, 2009

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license, identification card issued by the State of South Carolina, driver's license or identification card issued by any other state, identification card issued by the federal government, United States passport, United States military identification card that contains a photograph of the person, student identification card from a high school or accredited institution of higher education, or tribal identification card that contains a photograph if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license, identification card issued by the State of South Carolina, driver's license or identification card issued by any other state, identification card issued by the federal government, United States passport, United States military identification card that contains a photograph of the person, student identification card from a high school or accredited institution of higher education, or tribal identification card that contains a photograph as required in subsection (A), the elector may cast a provisional ballot that is counted only if the


Printed Page 1368 . . . . . Thursday, February 26, 2009

elector brings a valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.   The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

Rep. KENNEDY spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 60; Nays 39

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell

Printed Page 1369 . . . . . Thursday, February 26, 2009

Harrison               Herbkersman            Hiott
Horne                  Huggins                Kelly
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
Sandifer               Scott                  Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Stringer
Thompson               Toole                  Umphlett
Viers                  White                  Willis
Wylie                  A. D. Young            T. R. Young

Total--60

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Battle
Bowers                 Branham                Brantley
H. B. Brown            R. L. Brown            Dillard
Funderburk             Gilliard               Govan
Gunn                   Hart                   Harvin
Hayes                  Hodges                 Hosey
Hutto                  Jefferson              Kennedy
King                   Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             Rutherford
Sellers                J. E. Smith            Vick
Weeks                  Whipper                Williams

Total--39

So, the amendment was tabled.

Rep. WEEKS proposed the following Amendment No. 9 (COUNCIL\DKA\3180DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:


Printed Page 1370 . . . . . Thursday, February 26, 2009

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid identification card issued by the State of South Carolina, an agency of the state, or a local election authority of the state; identification card issued by the federal government or agency thereof; identification card issued by an institution of higher education located within the State of South Carolina; copy of a current utility bill, bank statement, paycheck, government-issued check, or other government document that contains the name and address of the person; a South Carolina driver's license; or an identification card issued by any other state if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid identification card issued by the State of South Carolina, an agency of the state, or a local election authority of the state; identification card issued by the federal government or agency thereof; identification card issued by an institution of higher education located within the State of South Carolina; copy of a current utility bill, bank statement, paycheck, government-issued check, or other government document that contains the name and address of the person; a South Carolina driver's license; or an identification card issued by any other state as required in


Printed Page 1371 . . . . . Thursday, February 26, 2009

subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.   The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

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

Rep. CLEMMONS moved to table the amendment.

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

Yeas 58; Nays 37

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bingham                Bowen
Brady                  Cato                   Clemmons
Cole                   Cooper                 Crawford
Daning                 Erickson               Forrester
Frye                   Gullick                Haley

Printed Page 1372 . . . . . Thursday, February 26, 2009

Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Kelly
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Stringer               Thompson               Toole
Umphlett               Viers                  White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--58

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Branham                Brantley
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Kennedy                King
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             Ott                    Sellers
J. E. Smith            Vick                   Weeks
Williams

Total--37

So, the amendment was tabled.

POINT OF ORDER

Rep. RUTHERFORD raised the Point of Order that members have the right to speak for or against an amendment and then vote the opposite of the position for which they declared to be speaking.


Printed Page 1373 . . . . . Thursday, February 26, 2009

SPEAKER HARRELL stated that speaking in favor or against an amendment and then voting the opposite of the position for which a member spoke was in violation of the spirit of the rules. He stated that for members to act in such a way would have adverse long-term effects on House procedures and the agreement of allowing members to express their true opinions.

POINT OF ORDER

Rep. HART raised the Point of Order that the rule did not prohibit members from both speaking for and against an amendment.
SPEAKER HARRELL stated that it would be difficult to try to ascertain if a member was actually for or against an amendment and therefore he could not control a member taking the floor to speak on an amendment. However, the rule stated that opponents and proponents each had three minutes to speak on an amendment. He stated further that the spirit of the rules mandated that members respect the other side's right to speak and not unjustly take that time.

Rep. WEEKS proposed the following Amendment No. 10 (COUNCIL\DKA\3181DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid voter registration certificate; South Carolina driver's license; identification card issued by the State of South Carolina; form of identification containing the person's photograph that establishes the person's identity; citizenship papers issued by the United States; United States passport; official mail addressed to the person from a governmental entity; copy of a current utility bill, bank statement, paycheck, government-issued check, or other government document that contains the name and address of the person; or any other form of identification prescribed by the South Carolina Secretary of State if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the


Printed Page 1374 . . . . . Thursday, February 26, 2009

managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid voter registration certificate; South Carolina driver's license; identification card issued by the State of South Carolina; form of identification containing the person's photograph that establishes the person's identity; citizenship papers issued by the United States; United States passport; official mail addressed to the person from a governmental entity; copy of a current utility bill, bank statement, paycheck, government-issued check, or other government document that contains the name and address of the person; or any other form of identification prescribed by the South Carolina Secretary of State as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.   The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the


Printed Page 1375 . . . . . Thursday, February 26, 2009

secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

Rep. WEEKS spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 60; Nays 39

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cole                   Cooper
Crawford               Daning                 Edge
Erickson               Forrester              Frye
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Horne                  Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Millwood
Moss                   Nanney                 Owens
Parker                 Pinson                 M. A. Pitts
Sandifer               Scott                  Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Stringer
Thompson               Toole                  Umphlett
Viers                  White                  Willis
Wylie                  A. D. Young            T. R. Young

Total--60


Printed Page 1376 . . . . . Thursday, February 26, 2009

Those who voted in the negative are:
Agnew                  Allen                  Anderson
Bowers                 Branham                Brantley
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Hutto                  Jefferson              Kennedy
King                   Knight                 Mack
McLeod                 Miller                 Mitchell
J. H. Neal             J. M. Neal             Neilson
Ott                    Rutherford             Sellers
J. E. Smith            Weeks                  Williams

Total--39

So, the amendment was tabled.

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on Amendment No. 10 to H. 3418. If I had been present, I would have voted against tabling the Amendment.

Rep. Anne Hutto

Rep. WEEKS proposed the following Amendment No. 11 (COUNCIL\DKA\3182DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license; identification card issued by the State of South Carolina; tribal identification card; voter registration card; or copy of a current utility bill, bank statement, paycheck, government-issued check, or other government document that contains the name and address of the person if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate


Printed Page 1377 . . . . . Thursday, February 26, 2009

notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license; identification card issued by the State of South Carolina; tribal identification card; voter registration card; or copy of a current utility bill, bank statement, paycheck, government-issued check, or other government document that contains the name and address of the person as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.   The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The


Printed Page 1378 . . . . . Thursday, February 26, 2009

commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 62; Nays 39

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Edge
Erickson               Forrester              Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stringer               Thompson
Toole                  Umphlett               Viers
White                  Willis                 Wylie
A. D. Young            T. R. Young

Total--62


Printed Page 1379 . . . . . Thursday, February 26, 2009

Those who voted in the negative are:
Allen                  Anderson               Bales
Bowers                 Branham                Brantley
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hayes
Hosey                  Howard                 Jefferson
King                   Knight                 Mack
McEachern              McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Rutherford             Sellers                J. E. Smith
Vick                   Weeks                  Williams

Total--39

So, the amendment was tabled.

Rep. WEEKS proposed the following Amendment No. 12 (COUNCIL\DKA\3210DW09), which was tabled:
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/SECTION   5.   This act takes effect December 31, 2010. /
Renumber sections to conform.
Amend title to conform.

Rep. WEEKS spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 60; Nays 45

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cole                   Cooper
Crawford               Daning                 Edge

Printed Page 1380 . . . . . Thursday, February 26, 2009

Erickson               Forrester              Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Limehouse              Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Stringer
Thompson               Toole                  Umphlett
Viers                  White                  Willis
Wylie                  A. D. Young            T. R. Young

Total--60

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Bowers                 Branham
Brantley               H. B. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Gunn                   Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Hutto                  Jefferson
Kennedy                King                   Knight
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                J. E. Smith            Stavrinakis
Vick                   Weeks                  Williams

Total--45

So, the amendment was tabled.

Rep. WEEKS proposed the following Amendment No. 13 (COUNCIL\DKA\3174DW09), which was tabled:


Printed Page 1381 . . . . . Thursday, February 26, 2009

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid identification card that contains a photograph of the person issued by the State of South Carolina, identification card that contains a photograph of the person issued by any state, identification card that contains a photograph of the person issued by the federal government, United States passport, United States military identification card that contains a photograph of the person, South Carolina hunting license, South Carolina fishing license, South Carolina concealed weapons permit, pilot's license issued by the Federal Aviation Administration, birth certificate, employee identification card that contains a photograph of the person, South Carolina college or university identification card that contains a photograph of the person, utility bill, bank statement, or government-issued check if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.


Printed Page 1382 . . . . . Thursday, February 26, 2009

(B)   If the elector cannot produce a valid identification card that contains a photograph of the person issued by the State of South Carolina, identification card that contains a photograph of the person issued by any state, identification card that contains a photograph of the person issued by the federal government, United States passport, United States military identification card that contains a photograph of the person, South Carolina hunting license, South Carolina fishing license, South Carolina concealed weapons permit, pilot's license issued by the Federal Aviation Administration, birth certificate, employee identification card that contains a photograph of the person, South Carolina college or university identification card that contains a photograph of the person, utility bill, bank statement, or government-issued check as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.     The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform

Rep. WEEKS spoke in favor of the amendment.
Rep. KENNEDY spoke against the amendment.


Printed Page 1383 . . . . . Thursday, February 26, 2009

Rep. CLEMMONS moved to table the amendment.

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

Yeas 64; Nays 41

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Edge
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Kennedy                Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Stringer               Thompson               Toole
Umphlett               Viers                  White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--64

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Bowers                 Branham
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              King                   Knight

Printed Page 1384 . . . . . Thursday, February 26, 2009

Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                Stavrinakis            Vick
Weeks                  Williams

Total--41

So, the amendment was tabled.

Rep. KING proposed the following Amendment No. 14 (COUNCIL\DKA\3211DW09), which was tabled:
Amend the bill, as and if amended, by Section 7-13-710, SECTION 1, page [3418-2], by adding after line 31
/   (C)   Notwithstanding other provisions of this section, if the elector presents himself to vote with a valid voter registration card as his only form of identification, the entity charged by law with conducting the election shall provide facilities to produce an on-site voter identification card containing a photograph, at no charge, in order for that elector to vote at that election. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 63; Nays 44

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick

Printed Page 1385 . . . . . Thursday, February 26, 2009

Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
Sandifer               Scott                  Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Stringer
Thompson               Toole                  Umphlett
Viers                  White                  Willis
Wylie                  A. D. Young            T. R. Young

Total--63

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Bowers                 Branham
Brantley               H. B. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Govan                  Gunn
Hart                   Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Kennedy                King
Knight                 Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sellers                J. E. Smith
Stavrinakis            Vick                   Weeks
Whipper                Williams

Total--44

So, the amendment was tabled.

Rep. KING proposed the following Amendment No. 15 (COUNCIL\DKA\3213DW09), which was tabled:
Amend the bill, as and if amended, by Section 7-13-710, SECTION 1, page [3418-2], by adding after line 31:


Printed Page 1386 . . . . . Thursday, February 26, 2009

/   (C)   Notwithstanding other provisions of this section, if the elector presents himself to vote with a valid voter registration card as his only form of identification, the entity charged by law with conducting the election shall verify through a computer interface with the Department of Motor Vehicles that the elector presenting himself to vote has a valid driver's license or other photo identification on file with the department which complies with the provisions of this section and which allows this elector to cast his vote. /
Renumber sections to conform.
Amend title to conform.

Rep. KING spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 63; Nays 37

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Hearn                  Herbkersman            Hiott
Horne                  Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
Sandifer               Scott                  Simrill
Skelton                G. R. Smith            J. R. Smith
Sottile                Stavrinakis            Stringer
Thompson               Toole                  Umphlett

Printed Page 1387 . . . . . Thursday, February 26, 2009

Viers                  White                  Willis
Wylie                  A. D. Young            T. R. Young

Total--63

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Bowers
Branham                H. B. Brown            R. L. Brown
Cobb-Hunter            Dillard                Funderburk
Govan                  Gunn                   Hayes
Hodges                 Hosey                  Hutto
Jefferson              Kennedy                King
Knight                 Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             Neilson
Ott                    Parks                  Sellers
J. E. Smith            Weeks                  Whipper
Williams

Total--37

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a temporary leave of absence, due to a dental appointment.

Rep. KING proposed the following Amendment No. 16 (COUNCIL\DKA\3212DW09), which was tabled:
Amend the bill, as and if amended, by Section 7-13-710, SECTION 1, page [3418-2], by adding after line 31:
/   (C)(1)   Notwithstanding other provisions of this section, if the elector presents himself to vote with a valid voter registration card as his only form of identification, the entity charged by law with conducting the election shall provide facilities to produce an on-site voter identification card containing a photograph, at no charge, in order for that elector to vote at that election.

(2)   Notwithstanding other provisions of this section, if the elector presents himself to vote after previously having been issued a photo identification card at an on-site facility, as verified by the entity


Printed Page 1388 . . . . . Thursday, February 26, 2009

conducting the election, and he has lost the photograph identification card, he shall obtain an identification card containing a photograph from the Department of Motor Vehicles before he is allowed to vote. /
Renumber sections to conform.
Amend title to conform.

Rep. GOVAN spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 60; Nays 35

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cole                   Crawford
Daning                 Edge                   Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Stringer               Thompson               Toole
Umphlett               White                  Willis
Wylie                  A. D. Young            T. R. Young

Total--60

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Branham

Printed Page 1389 . . . . . Thursday, February 26, 2009

H. B. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gunn
Hart                   Harvin                 Hayes
Hodges                 Hutto                  Jefferson
Kennedy                King                   Mack
McEachern              McLeod                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Sellers                J. E. Smith            Vick
Weeks                  Williams

Total--35

So, the amendment was tabled.

Rep. SELLERS proposed the following Amendment No. 17 (COUNCIL\DKA\3200DW09), which was tabled:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/ SECTION 3.   Section 7-17-220 of the 1976 Code is amended to read:

"Section 7-17-220.   Unless otherwise provided in Section 7-3-10(c), the Board of State Canvassers shall meet at convene a meeting scheduled through the office of the Election Commission within ten days after any general election no more than five days after the commissioners of election meet pursuant to Section 7-17-10 for the purpose of canvassing the vote for all officers voted for at such election, including the vote for the electors for President and Vice President, and for the purpose of canvassing the vote on all Constitutional Amendments and questions and other issues. Nothing in this section prohibits the meeting from being conducted by using telephone conference or other means of telecommunication or electronic communication. Any meeting of the Board of Canvassers as provided in this section must be accessible and without cost to the public and must comply with the notice requirements of the Freedom of Information Act, Chapter 4 of Title 30." /
Amend further by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   Section 7-17-510 of the 1976 Code is amended to read:


Printed Page 1390 . . . . . Thursday, February 26, 2009

"Section 7-17-510.   The commissioners of election for the counties shall meet in a convenient place in the county seat convene a meeting on the Thursday next following the primary, before one o'clock p.m. of that day and shall organize as the county board of canvassers for primaries. They may appoint a competent person as secretary. The chairman shall administer the constitutional oath to each member of the board and to the secretary. The secretary shall administer to the chairman the same oath. Each county board of canvassers for primaries shall canvass the votes of the county and declare the results. The county board of canvassers for primaries shall make statements of the votes of the precincts of its county as the nature of the primary requires not later than twelve o'clock noon on the Saturday next following the primary and at that time transmit and certify to the Board of State Canvassers the results of its findings. This procedure must be repeated following every primary runoff. The Board of State Canvassers shall meet at convene a meeting scheduled through the office of the State Election Commission and shall canvass the vote and declare the results of the primaries and the runoffs no later than twelve o'clock noon on the Saturday next following the primary in the State for state offices, federal offices, and offices involving more than one county. Nothing in this section prohibits any meeting required by this section from being conducted by using telephone conference or other means of telecommunication or electronic communication. Any meeting provided for in this section must be accessible and without cost to the public and must comply with the notice requirements of the Freedom of Information Act, Chapter 4 of Title 30." /
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 59; Nays 41

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk

Printed Page 1391 . . . . . Thursday, February 26, 2009

Clemmons               Cole                   Cooper
Crawford               Daning                 Edge
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
Sandifer               Scott                  Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Stringer
Thompson               Toole                  Umphlett
White                  Willis                 Wylie
A. D. Young            T. R. Young

Total--59

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Bowers                 Branham
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Hutto                  Jefferson
Kennedy                King                   Knight
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Parks                  Sellers                J. E. Smith
Stavrinakis            Vick                   Weeks
Whipper                Williams

Total--41

So, the amendment was tabled.


Printed Page 1392 . . . . . Thursday, February 26, 2009

Rep. SELLERS proposed the following Amendment No. 18 (COUNCIL\DKA\3201DW09), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION   ____.   Section 7-15-220 of the 1976 Code is amended to read:

"Section 7-15-220.   The oath, a copy of which is required by item (2) of Section 7-15-200 to be sent each absentee ballot applicant and which is required by Section 7-15-230 to be returned with the absentee ballot applicant's ballot, shall must be signed by the absentee ballot applicant and witnessed. The oath shall must be in the following form:

'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots with which this oath is enclosed is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.

______________________

Signature of Voter
Dated on this ____ day of ____ 19 20 __

______________________

Signature of Witness

______________________

Address of Witness'"
SECTION   ____.   Section 7-15-380 of the 1976 Code, as last amended by Act 416 of 1996, is further amended to read:

"Section 7-15-380.   The oath, which is required by Section 7-15-370 to be imprinted on the return-addressed envelope, furnished each absentee ballot applicant, must be signed by the absentee ballot applicant and witnessed. The address of the witness shall appear on the oath. In the event If the voter cannot write because of a physical handicap or illiteracy, the voter must shall make his mark and have the mark witnessed by someone designated by the voter. The oath must be in the following form:

'I hereby swear (or affirm) that I am duly qualified to vote at this election according to the Constitution of the State of South Carolina, that I have not voted during this election, that the ballot or ballots contained in this envelope is my ballot and that I have received no assistance in voting my ballot that I would not have been entitled to receive had I voted in person at my voting precinct.


Printed Page 1393 . . . . . Thursday, February 26, 2009

_______________________________

Signature of Voter
Dated on this ______ day of __________, 19 20 __

_______________________________

Signature of Witness

________________________________

Address of Witness'"
SECTION   _____.   Section 7-15-385 of the 1976 Code, as last amended by Act 416 of 1996, is further amended to read:

"Section 7-15-385.   Upon receipt of the ballot or ballots, the absentee ballot applicant must shall mark each ballot on which he wishes to vote and place each ballot in the single envelope marked 'Ballot Herein' which in turn must be placed in the return-addressed envelope. The applicant must shall then return the return-addressed envelope to the board of registration by mail, by personal delivery, or by authorizing another person to return the envelope for him. The authorization must be given in writing on a form prescribed by the State Election Commission and must be turned in to the board of registration at the time the envelope is returned. The voter must shall sign the form, or in the event if the voter cannot write because of a physical handicap or illiteracy, the voter must shall make his mark and have the mark witnessed by someone designated by the voter. The authorization must be preserved as part of the record of the election, and the board of registration must shall note the authorization and the name of the authorized returnee in the record book required by Section 7-15-330. A candidate or a member of a candidate's paid campaign staff including volunteers reimbursed for time expended on campaign activity is not permitted to serve as an authorized returnee for any person unless the person is a member of the voter's immediate family as defined in Section 7-15-310. The oath set forth as provided in Section 7-15-380 must be signed and witnessed on each returned envelope. The board of registration must shall record in the record book required by Section 7-15-330 the date the return-addressed envelope with witnessed oath and enclosed ballot or ballots is received by the board. The board must shall securely store the envelopes in a locked box within the office of the registration board."
SECTION   ______.   Section 7-15-420 of the 1976 Code, as last amended by Act 284 of 2006, is further amended to read:

"Section 7-15-420.   The county election commission, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the


Printed Page 1394 . . . . . Thursday, February 26, 2009

tabulation and reporting of absentee ballots. At 9:00 a.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. A ballot may not be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked 'Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. Beginning at 9:00 a.m. on election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any ballot is challenged, the return-addressed envelope must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot. Results of the tabulation must not be publicly reported until after the polls are closed." /
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 64; Nays 39


Printed Page 1395 . . . . . Thursday, February 26, 2009

Those who voted in the affirmative are:
Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stringer               Thompson
Toole                  Umphlett               White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--64

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Bowers                 Branham
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Govan                  Gunn                   Hart
Harvin                 Hodges                 Hosey
Hutto                  Jefferson              Kennedy
King                   Knight                 Mack
McEachern              McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Ott                    Parks

Printed Page 1396 . . . . . Thursday, February 26, 2009

Sellers                J. E. Smith            Stavrinakis
Vick                   Weeks                  Williams

Total--39

So, the amendment was tabled.

Rep. SELLERS proposed the following Amendment No. 19 (COUNCIL\DKA\3197DW09), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-710 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section   7-13-710.   (A)   When any a person presents himself to vote, he shall produce his a valid South Carolina driver's license, whether expired or not, valid identification card issued by the State of South Carolina or the federal government, voter identification card issued by the State of South Carolina or by the county in which the person is registered to vote, valid United States passport, valid employee identification card containing a photograph issued by any brand, department, agency, or entity of the United States government, the State of South Carolina, or any county, municipality, board, authority or other entity of the state if he is not licensed to drive, or and the written notification of registration provided for by Sections 7-5-125 and 7-5-180 if the notification has been signed by the elector. If the elector loses or defaces his registration notification, he may obtain a duplicate notification from his county board of registration upon request in person, or by telephone or mail. After presentation of the required identification, his name must be checked by one of the managers on the margin of the page opposite his name upon the registration books, or copy of the books, furnished by the board of registration. The managers shall keep a poll list which must contain one column headed 'Names of Voters'. Before any a ballot is delivered to a voter, the voter shall sign his name on the poll list, which must be furnished to the appropriate election officials by the State Election Commission. At the top of each page the voter's oath appropriate to the election must be printed. The signing of the poll list or the marking of the poll list is considered to be an affirmation of the oath by the voter. One of the managers shall compare the signature on the poll list with the signature on the voter's driver's license, registration notification, or other identification and may require further


Printed Page 1397 . . . . . Thursday, February 26, 2009

identification of the voter and proof of his right to vote under this title as he considers necessary. If the voter is unable to write or if the voter is prevented from signing by physical handicap, he may sign his name to the poll list by mark with the assistance of one of the managers.

(B)   If the elector cannot produce a valid South Carolina driver's license, whether expired or not, valid identification card issued by the State of South Carolina or the federal government, voter identification card issued by the State of South Carolina or by the county in which the person is registered to vote, valid United States passport, valid employee identification card containing a photograph issued by any brand, department, agency, or entity of the United States government, the State of South Carolina, or any county, municipality, board, authority or other entity of the state as required in subsection (A), the elector may cast a provisional ballot that is counted only if the elector brings a valid identification to the board of voter registration within ten days after the election."
SECTION   2.   Section 7-17-10 of the 1976 Code, as last amended by Act 261 of 2002, is further amended to read:

"Section 7-17-10.     The commissioners of election for Governor, Lieutenant Governor, state officers, circuit solicitors, members of the General Assembly, and county officers or any of these officers shall meet in some convenient place at the county seat on the Friday next following the election, before one o'clock in the afternoon of ten days from the date of the general election, after noon on that day, and shall proceed to organize as the county board of canvassers. They may appoint some competent person as secretary. The chairman shall then proceed to administer the constitutional oath to each member of the board, as canvassers, and shall administer the constitutional oath to the secretary, and the secretary shall administer to the chairman the same oath that he has administered to the other members of the board. The commissioners of election for members of Congress and presidential electors or any of these officers shall likewise meet at the same time at the county seat and shall in the same manner proceed to organize as the county board of canvassers for the election of the federal officers."
SECTION   3.   This act takes effect January 1, 2010. /
Renumber sections to conform.
Amend title to conform.

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


Printed Page 1398 . . . . . Thursday, February 26, 2009

Rep. OTT proposed the following Amendment No. 20 (COUNCIL\DKA\3214DW09), which was tabled:
Amend the bill, as and if amended, Section 7-13-710, SECTION 1, page [3418-2], by adding after line 31 a new subsection to read:
/   (C)   The provisions of this section do not apply to an elector who is seventy-five years of age or older. /
Amend further, Section 7-17-10, SECTION 2, page [3418-3], by adding after line 8 a paragraph to read:
/   The provisions of this section do not apply to an elector who is seventy-five years of age or older. /
Amend further, Section 7-17-220, SECTION 3, page [3418-3], by adding after line 19 a new paragraph to read:

/ The provisions of this section do not apply to an elector who is seventy-five years of age or older. /
Amend further, Section 56-1-3350, SECTION 4, page [3418-4], by adding after line 32 a new subsection to read:
/   (C)   The provisions of this section do not apply to an elector who is seventy-five years of age or older. /
Renumber sections and subsections to conform.
Amend title to conform.

Rep. JEFFERSON spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 61; Nays 42

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Long

Printed Page 1399 . . . . . Thursday, February 26, 2009

Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Stewart                Stringer               Thompson
Toole                  Umphlett               White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--61

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Bowers                 Branham
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Hutto                  Jefferson
Kennedy                King                   Knight
Littlejohn             Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Ott                    Parks                  Sellers
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper                Williams

Total--42

So, the amendment was tabled.

Rep. OTT proposed the following Amendment No. 21 (COUNCIL\DKA\3215DW09), which was tabled:
Amend the bill, as and if amended, Section 7-13-710, SECTION 1, page [3418-2], by adding after line 31 a new subsection to read:
/   (C)   The provisions of this section do not apply to an elector who presents a certificate from a licensed medical doctor stating that he is unable to drive a motor vehicle because of a physical handicap. /


Printed Page 1400 . . . . . Thursday, February 26, 2009

Amend further, Section 7-17-10, SECTION 2, page [3418-3], by adding after line 8 a paragraph to read:
/   The provisions of this section do not apply to an elector who presents a certificate from a licensed medical doctor stating that he is unable to drive a motor vehicle because of a physical handicap. /
Amend further, Section 7-17-220, SECTION 3, page [3418-3], by adding after line 19 a new paragraph to read:

/ The provisions of this section do not apply to an elector who presents a certificate from a licensed medical doctor stating that he is unable to drive a motor vehicle because of a physical handicap. /
Amend further, Section 56-1-3350, SECTION 4, page [3418-4], by adding after line 32 a new subsection to read:
/   (C)   The provisions of this section do not apply to an elector who presents a certificate from a licensed medical doctor stating that he is unable to drive a motor vehicle because of a physical handicap. /
Renumber sections and subsections to conform.
Amend title to conform.

Rep. WILLIAMS spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 62; Nays 40

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson

Printed Page 1401 . . . . . Thursday, February 26, 2009

E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stewart                Stringer
Thompson               Toole                  Umphlett
White                  Willis                 Wylie
A. D. Young            T. R. Young

Total--62

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Bowers                 Branham
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              King                   Knight
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Parks                  Sellers                J. E. Smith
Vick                   Weeks                  Whipper
Williams

Total--40

So, the amendment was tabled.

Rep. CLYBURN proposed the following Amendment No. 22 (COUNCIL\DKA\3216DW09), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___.   Article 3, Chapter 5, Title 7 of the 1976 Code is amended by adding:

"Section 7-5-145.   Notwithstanding another provision of law, the entity charged by law with registration of electors, shall allow and provide a procedure by which a qualified elector may register to vote and cast his ballot on the day of the election."


Printed Page 1402 . . . . . Thursday, February 26, 2009

SECTION   ___.   Sections 7-5-150 and 7-5-220 of the 1976 Code are repealed. /
Renumber sections and subsections to conform.
Amend title to conform.

Rep. CLYBURN spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 64; Nays 37

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Moss                   Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stewart                Stringer
Thompson               Toole                  White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--64


Printed Page 1403 . . . . . Thursday, February 26, 2009

Those who voted in the negative are:
Alexander              Allen                  Anderson
Bales                  Bowers                 Branham
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Funderburk             Gilliard
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Hutto                  Jefferson
Kennedy                King                   Mack
McEachern              McLeod                 Miller
Mitchell               J. H. Neal             J. M. Neal
Ott                    Parks                  Sellers
J. E. Smith            Vick                   Weeks
Williams

Total--37

So, the amendment was tabled.

Rep. SELLERS proposed the following Amendment No. 23 (COUNCIL\MS\7250AHB09), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Article 7, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-870.   (A)   It is unlawful for a person to knowingly and intentionally mislead another person regarding the time, place, or subject matter of an election.

(B)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than sixty days, or both."/
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS spoke in favor of the amendment.

Rep. CLEMMONS moved to table the amendment.

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

Yeas 57; Nays 49


Printed Page 1404 . . . . . Thursday, February 26, 2009

Those who voted in the affirmative are:
Allison                Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Edge
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Millwood
Nanney                 Owens                  Parker
Pinson                 M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stewart                Stringer
Toole                  Umphlett               White
Willis                 Wylie                  A. D. Young

Total--57

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Ballentine             Bowers
Branham                H. B. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Gullick                Gunn                   Haley
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Huggins                Hutto                  Jefferson
Kennedy                King                   Knight
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             Ott                    Parks
E. H. Pitts            Sellers                J. E. Smith
Stavrinakis            Thompson               Vick

Printed Page 1405 . . . . . Thursday, February 26, 2009

Weeks                  Whipper                Williams
T. R. Young

Total--49

So, the amendment was tabled.

Rep. E. H. PITTS spoke in favor of the Bill.

LEAVE OF ABSENCE

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

Rep. J. H. NEAL spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. G. R. SMITH spoke in favor of the Bill.
Rep. HART spoke against the Bill.
Rep. GOVAN spoke against the Bill.
Rep. M. A. PITTS spoke in favor of the Bill.
Rep. WEEKS spoke against the Bill.
Rep. MILLER spoke against the Bill.
Rep. SKELTON spoke in favor of the Bill.
Rep. OTT spoke against the Bill.
Rep. STAVRINAKIS spoke against the Bill.
Rep. J. E. SMITH spoke against the Bill.
Rep. CLEMMONS spoke in favor of the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 65; Nays 14

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison

Printed Page 1406 . . . . . Thursday, February 26, 2009

Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stewart                Stringer
Thompson               Toole                  Umphlett
White                  Willis                 Wylie
A. D. Young            T. R. Young

Total--65

Those who voted in the negative are:

Bowers                 Branham                H. B. Brown
Funderburk             Hayes                  Hutto
Knight                 McLeod                 Miller
Moss                   J. M. Neal             Ott
Stavrinakis            Vick

Total--14

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

STATEMENT FOR THE JOURNAL

Not being in attendance for the second reading vote on H. 3418, I wish for the record to show that my intention would be to vote in favor of H. 3418.

Rep. Richard Chalk

H. 3418--MOTION TO RECONSIDER TABLED

Rep. G. M. SMITH moved to reconsider the vote whereby the following Bill was read the second time:

H. 3418 (Word version) -- Reps. Harrell, Simrill, Crawford, Huggins, Bedingfield, Merrill, G. R. Smith, Erickson, Ballentine, Brady, Chalk, Daning, Delleney, Frye, Gambrell, Hamilton, Harrison, Hearn, Herbkersman,


Printed Page 1407 . . . . . Thursday, February 26, 2009

Loftis, Long, Lucas, Nanney, Pinson, Rice, G. M. Smith, Spires, Stringer, Thompson, Viers, Willis, Wylie, T. R. Young, Clemmons, Owens, Parker, Toole, M. A. Pitts, Lowe, Bingham, Umphlett, Sandifer and Edge: A BILL TO AMEND SECTION 7-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESENTATION OF A PERSON'S PROOF OF HIS RIGHT TO VOTE, SO AS TO REQUIRE THE ELECTOR TO PRODUCE A VALID PHOTO IDENTIFICATION CARD AT THE TIME OF COSTING HIS BALLOT, TO REQUIRE A POLL MANAGER TO COMPARE THE PHOTOGRAPH ON THE REQUIRED IDENTIFICATION WITH THE PERSON PRESENTING HIMSELF TO VOTE AND VERIFY THAT THE PHOTOGRAPH IS THAT OF THE PERSON SEEKING TO VOTE.

Rep. G. M. SMITH moved to table the motion to reconsider, which was agreed to.

OBJECTION TO MOTION

Rep. HARRISON asked unanimous consent that H. 3418 (Word version) be read a third time tomorrow.
Rep. OTT objected.

H. 3305--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 3305 (Word version) -- Reps. Bedingfield, Merrill, Bingham, Duncan, Loftis, G. R. Smith, Cato, Owens, Crawford, A. D. Young, Nanney, Bannister, Daning, Harrison, Horne, Kirsh, Lowe, Lucas, E. H. Pitts, Stringer, Thompson, Toole, Wylie, T. R. Young, Long, Rice, Parker, Allison, Littlejohn, Cole, Hiott, Edge, Whitmire, Hearn, Hardwick, D. C. Smith, Pinson, J. R. Smith, Simrill, Brantley, Willis, Hamilton, Erickson, Sottile, Scott, Harrell, Delleney, Gullick, Frye, Clemmons, G. M. Smith, Battle, Sandifer, Millwood, Haley, Ballentine, M. A. Pitts, Cooper, White, Gambrell, Bowen and Umphlett: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ELECTIONS BY SECRET BALLOT AND PROTECTION OF THE RIGHT OF SUFFRAGE, SO AS TO PROVIDE THAT THE GUARANTEE OF THE RIGHT TO VOTE BY SECRET BALLOT APPLIES IN REQUIRED DESIGNATIONS OR AUTHORIZATIONS FOR EMPLOYEE REPRESENTATION.


Printed Page 1408 . . . . . Thursday, February 26, 2009

Rep. BEDINGFIELD moved to adjourn debate on the Joint Resolution until Tuesday, March 10, which was agreed to by a division vote of 54-16.

Rep. OTT moved that the House do now adjourn.

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

Yeas 7; Nays 66

Those who voted in the affirmative are:

Bowers                 H. B. Brown            Funderburk
McLeod                 Moss                   Ott
Vick

Total--7

Those who voted in the negative are:

Allison                Bales                  Ballentine
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Huggins                Hutto                  Kelly
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Miller
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            Sottile                Stewart
Stringer               Thompson               Toole

Printed Page 1409 . . . . . Thursday, February 26, 2009

Umphlett               White                  Willis
Wylie                  A. D. Young            T. R. Young

Total--66

So, the House refused to adjourn.

H. 3084--DEBATE ADJOURNED

The following Bill was taken up:

H. 3084 (Word version) -- Reps. Toole, Wylie and Hamilton: A BILL TO AMEND SECTION 57-3-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMING OF A HIGHWAY FACILITY IN HONOR OF AN INDIVIDUAL, SO AS TO PROVIDE THAT UNLESS THE HIGHWAY FACILITY IS DEDICATED AND NAMED IN HONOR OF EITHER A SERVICEMAN OR LAW ENFORCEMENT OFFICER KILLED IN THE LINE OF DUTY, PUBLIC FUNDS MAY NOT BE USED TO REIMBURSE THE DEPARTMENT OF TRANSPORTATION FOR THE EXPENSES IT INCURS TO NAME AND DEDICATE THE HIGHWAY FACILITY.

Rep. NANNEY proposed the following Amendment No. 1 (COUNCIL\MS\7222MM09), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   A.   Article 7, Chapter 3, Title 57 of the 1976 Code is amended by adding:

"Section 57-3-605.   A state road, highway or interstate highway, any portion of a state road, highway, or interstate highway, or a state bridge, interchange, or intersection may not be named for a person who is living."
B.   This section takes effect upon approval by the Governor and applies with respect to state roads, highways, interstate highways, and any part of them, and state bridges, interchanges, and intersections not yet officially named for a living person as of this section's effective date. /
Renumber sections to conform.
Amend title to conform.

Rep. NANNEY explained the amendment.
Rep. J. E. SMITH spoke upon the amendment.


Printed Page 1410 . . . . . Thursday, February 26, 2009

Rep. COOPER moved cloture on the entire matter.

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

Yeas 49; Nays 28

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Clemmons
Cole                   Cooper                 Crawford
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Hamilton               Hardwick               Harrell
Hearn                  Herbkersman            Hiott
Horne                  Limehouse              Loftis
Long                   Merrill                Millwood
Nanney                 Owens                  M. A. Pitts
Sandifer               Simrill                G. R. Smith
Sottile                Stewart                Stringer
Thompson               Toole                  White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--49

Those who voted in the negative are:

Bales                  Ballentine             Bowers
Branham                H. B. Brown            Funderburk
Haley                  Hayes                  Huggins
Hutto                  Kelly                  Knight
Littlejohn             Lucas                  McLeod
Miller                 Moss                   J. M. Neal
Ott                    Parker                 Pinson
E. H. Pitts            Skelton                G. M. Smith
J. E. Smith            Stavrinakis            Umphlett
Vick

Total--28


Printed Page 1411 . . . . . Thursday, February 26, 2009

So, cloture was ordered.

Rep. J. E. SMITH spoke in favor of the amendment.
Rep. LUCAS spoke against the amendment.

Rep. LUCAS moved to table the amendment.

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

Yeas 41; Nays 32

Those who voted in the affirmative are:

Bales                  Barfield               Bowen
Bowers                 Branham                H. B. Brown
Clemmons               Cole                   Cooper
Delleney               Forrester              Funderburk
Gambrell               Hardwick               Harrell
Hayes                  Herbkersman            Hiott
Hutto                  Kelly                  Knight
Limehouse              Lucas                  McLeod
Miller                 Moss                   J. M. Neal
Ott                    Owens                  Parker
Pinson                 Sandifer               Simrill
Skelton                G. M. Smith            Sottile
Stavrinakis            Thompson               Umphlett
Vick                   White

Total--41

Those who voted in the negative are:

Allison                Ballentine             Bannister
Bedingfield            Bingham                Brady
Cato                   Crawford               Daning
Duncan                 Edge                   Erickson
Frye                   Gullick                Haley
Hamilton               Horne                  Huggins
Loftis                 Long                   Millwood
Nanney                 E. H. Pitts            M. A. Pitts
G. R. Smith            Stewart                Stringer

Printed Page 1412 . . . . . Thursday, February 26, 2009

Toole                  Willis                 Wylie
A. D. Young            T. R. Young

Total--32

So, the amendment was tabled.

Rep. J. E. SMITH spoke against the Bill.

Rep. BALES moved to table the Bill.

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

Yeas 22; Nays 51

Those who voted in the affirmative are:

Bales                  Bowers                 Branham
H. B. Brown            Clemmons               Funderburk
Hayes                  Hutto                  Knight
McLeod                 Miller                 Moss
J. M. Neal             Ott                    Pinson
Skelton                J. E. Smith            Sottile
Stavrinakis            Thompson               Umphlett
Vick

Total--22

Those who voted in the negative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Cole                   Cooper                 Crawford
Daning                 Delleney               Duncan
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lucas                  Millwood               Nanney
Owens                  Parker                 E. H. Pitts

Printed Page 1413 . . . . . Thursday, February 26, 2009

Sandifer               Simrill                G. M. Smith
G. R. Smith            Stewart                Stringer
Toole                  White                  Willis
Wylie                  A. D. Young            T. R. Young

Total--51

So, the House refused to table the Bill.

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

RECURRENCE TO THE MORNING HOUR

Rep. SANDIFER moved that the House recur to the morning hour.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 492 (Word version) -- Senators Setzler, Knotts, Courson and Cromer: A CONCURRENT RESOLUTION TO COMMEND PROVIDENCE HOSPITALS AND LEXINGTON MEDICAL CENTER FOR COLLABORATIVELY WORKING TO IMPROVE MEDICAL CARE FOR THE CITIZENS OF THE MIDLANDS OF SOUTH CAROLINA.

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

INTRODUCTION OF BILLS

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

H. 3622 (Word version) -- Reps. Umphlett and Knight: A BILL TO AMEND SECTION 6-29-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS AND LIMITATIONS IN CONNECTION WITH THE "VESTED RIGHTS ACT", SO AS TO PROVIDE FOR REVOCATION OF VESTED RIGHTS ESTABLISHED PURSUANT TO THE ACT IF A LANDOWNER SEEKS A VARIANCE, REGULATION, SPECIAL EXCEPTION, OR OTHER MODIFICATION THAT MATERIALLY OR


Printed Page 1414 . . . . . Thursday, February 26, 2009

SUBSTANTIALLY AFFECTS THE APPROVED DEVELOPMENT PLAN.
Referred to Committee on Labor, Commerce and Industry

H. 3623 (Word version) -- Reps. Umphlett and Knight: A BILL TO AMEND SECTION 43-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN RELATION TO THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS, SO AS TO REVISE THE DEFINITION OF "PUBLIC PROPERTY" AND "PROPERTY CUSTODIAN" BY REMOVING PROPERTY OWNED, LEASED, OR OCCUPIED BY A COUNTY, MUNICIPALITY, OR OTHER LOCAL GOVERNMENTAL ENTITY AND TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Ways and Means

H. 3624 (Word version) -- Reps. A. D. Young, Horne, Knight and Harrell: A BILL TO PROVIDE THAT EACH MEMBER OF THE DORCHESTER COUNTY TRANSPORTATION COMMITTEE IS ALLOWED AND MUST BE PAID FROM DORCHESTER COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH THE MEMBER IS IN ATTENDANCE.
Referred to Dorchester Delegation

H. 3625 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 11-35-1528, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPETITIVE BEST VALUE BIDDING IN CONNECTION WITH THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE FOR BENEFITS BASED FUNDING PROJECTS IN WHICH PAYMENTS TO VENDORS DEPEND UPON THE REALIZATION OF SPECIFIED SAVINGS OR REVENUE GAINS, TO PROVIDE FOR THEIR REQUIRED AND PERMISSIBLE TERMS AND THEIR FUNDING, TO REQUIRE MEASUREMENT TOOLS, AND TO PROVIDE FOR OVERSIGHT BY THE STATE BUDGET AND CONTROL BOARD.
Referred to Committee on Ways and Means

H. 3626 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 56-5-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUS SAFETY STANDARDS, SO AS TO PROVIDE THAT FORMER CHARTER BUSES ARE EXEMPT FROM THE


Printed Page 1415 . . . . . Thursday, February 26, 2009

REQUIRED STANDARDS WHEN OWNED AND OPERATED BY A SCHOOL DISTRICT.
Referred to Committee on Education and Public Works

H. 3627 (Word version) -- Reps. Miller and Anderson: A BILL TO AMEND SECTION 59-67-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF BOATS OPERATED BY THE STATE DEPARTMENT OF EDUCATION FOR THE TRANSPORTATION OF SCHOOL CHILDREN FROM ISLANDS TO MAINLAND SCHOOLS BY CERTAIN OTHER PERSONS, SO AS TO FURTHER PROVIDE FOR THE OPERATION OF THESE BOATS BY THE DEPARTMENT ON SANDY ISLAND, FOR USE OF THESE BOATS BY SPECIFIED PERSONS, AND THE PROCEDURES APPLICABLE FOR USE.
On motion of Rep. MILLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3628 (Word version) -- Reps. Brady, Toole, Harrison, Agnew, Sellers, Merrill, Herbkersman, Erickson, Bowen, Cato, Bowers, R. L. Brown, Funderburk and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 52, TITLE 48 SO AS TO CREATE THE SOUTH CAROLINA RENEWABLE ENERGY PLAN, SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO APPROVE RENEWABLE ENERGY PROJECTS TO DEMONSTRATE THE FEASIBILITY AND VIABILITY OF CLEAN ENERGY SYSTEMS; TO PROVIDE FULL COST RECOVERY FOR CERTAIN COSTS INCURRED BY A PROVIDER FOR A RENEWABLE ENERGY PROJECT; TO REQUIRE EACH MUNICIPAL ELECTRIC UTILITY, EACH RURAL ELECTRIC COOPERATIVE, AND THE PUBLIC SERVICE AUTHORITY TO DEVELOP STANDARDS FOR PROMOTION, ENCOURAGEMENT, AND EXPANSION OF RENEWABLE ENERGY RESOURCES AND TO REQUIRE REPORTING REQUIREMENTS FOR THIS INFORMATION; TO LIMIT REGULATION OF A SOLAR COLLECTOR BY A MUNICIPALITY OR COUNTY; TO DECLARE A DEED RESTRICTION, COVENANT, OR SIMILAR BINDING AGREEMENT THAT WOULD PROHIBIT OR RESTRICT INSTALLATION OF A SOLAR COLLECTOR FOR CERTAIN PURPOSES, AND TO PROVIDE EXCEPTIONS; AND TO ESTABLISH THE SOUTH


Printed Page 1416 . . . . . Thursday, February 26, 2009

CAROLINA RENEWABLE ENERGY INFRASTRUCTURE DEVELOPMENT FUND IN THE STATE TREASURY; TO CREATE THE SOUTH CAROLINA RENEWABLE ENERGY REVOLVING LOAN PROGRAM TO PROVIDE A LOW INTEREST LOAN TO AN INDIVIDUAL OR ORGANIZATION TO BUILD A QUALIFIED RENEWABLE ENERGY PRODUCTION FACILITY; TO CREATE THE SOUTH CAROLINA RENEWABLE ENERGY GRANT PROGRAM TO PROVIDE A GRANT TO A PRIVATE OR PUBLIC ENTITY IN THIS STATE TO HELP THE ENTITY BECOME MORE COMPETITIVE IN OBTAINING GRANTS TO GENERATE RENEWABLE ENERGY-RELATED RESEARCH AND PROJECTS TO DIRECTLY BENEFIT THIS STATE; TO PROVIDE AN OVERSIGHT COMMITTEE TO APPROVE A DISBURSEMENT FROM THE FUND; TO PROVIDE THE COMPOSITION OF THE COMMITTEE; AND TO DEFINE CERTAIN TERMS, AMONG OTHER THINGS.
Referred to Committee on Labor, Commerce and Industry

H. 3629 (Word version) -- Reps. Umphlett, Knight, Bowen, Whipper, Agnew, Allen, R. L. Brown, Erickson, Gambrell, Gullick, Herbkersman, Jefferson, Limehouse, Miller and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-35 SO AS TO PERMIT THE LAWFUL OPERATION OF THE LOTTERY GAME KNOWN AS A "RAFFLE" WHEN IT IS CONDUCTED BY A CHARITABLE ORGANIZATION AND ALL THE PROCEEDS EXCEPT COST OF PRIZES AND PRINTING OF TICKETS ARE USED FOR THE TAX EXEMPT PURPOSES OF THE ORGANIZATION; AND TO AMEND SECTION 59-150-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA EDUCATION LOTTERY ACT, SO AS TO REFLECT THAT THE "RAFFLE", WHEN CONDUCTED AS PRESCRIBED, IS A LAWFUL LOTTERY GAME.
Referred to Committee on Judiciary

H. 3630 (Word version) -- Rep. Weeks: A BILL TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF A MUNICIPAL ELECTION COMMISSION IN EACH MUNICIPALITY TO CONDUCT MUNICIPAL ELECTIONS, SO AS TO REQUIRE ALL ELECTION COMMISSIONERS AND STAFF TO COMPLETE A TRAINING AND CERTIFICATION


Printed Page 1417 . . . . . Thursday, February 26, 2009

PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION.
Referred to Committee on Judiciary

H. 3631 (Word version) -- Rep. Weeks: A BILL TO AMEND SECTIONS 7-15-220, 7-15-380, AS AMENDED, 7-15-385, AS AMENDED, AND 7-15-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE SIGNATURE OR MARK OF AN ABSENTEE APPLICANT BE WITNESSED.
Referred to Committee on Judiciary

H. 3632 (Word version) -- Rep. Gullick: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITIONS, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED BY A CHARITABLE, RELIGIOUS, COMMUNITY-SERVICE, EDUCATION-RELATED, OR FRATERNAL ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION IS NOT A LOTTERY PROHIBITED BY THE CONSTITUTION OF SOUTH CAROLINA, AND THAT THE GENERAL ASSEMBLY, THROUGH THE ENACTMENT OF GENERAL LAW, SHALL ESTABLISH THE LIMITATIONS AND PROCEDURES FOR THE RAFFLES.
Referred to Committee on Judiciary

H. 3633 (Word version) -- Reps. Clemmons, Harrell, Harrison, Sandifer, Cato, Owens, White, Cooper, Duncan and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-25 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR MAY CAST HIS BALLOT IN PERSON WITHOUT EXCUSE DURING AN EARLY VOTING PERIOD; TO ESTABLISH EARLY VOTING CENTERS TO ALLOW A REGISTERED COUNTY RESIDENT TO VOTE OUTSIDE THEIR PRECINCT; TO PROVIDE FOR THE ESTABLISHMENT OF EARLY VOTING LOCATIONS, THEIR HOURS OF OPERATION, AND REQUIRE THESE LOCATIONS AND TIMES TO BE IN COMPLIANCE WITH THE PROVISIONS


Printed Page 1418 . . . . . Thursday, February 26, 2009

OF SECTION 30-4-80; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE THE AUTHORIZATION THAT AN APPLICATION MAY BE REQUESTED BY A MEMBER OF THE IMMEDIATE FAMILY OF THE ELECTOR OR AN AUTHORIZED REPRESENTATIVE AND DELETE THE PROVISION ALLOWING A PERSON TO VOTE IN PERSON BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF THE APPLICATION FOR AN ABSENTEE BALLOT, TO REMOVE ALL MENTION OF REASON TO VOTE ABSENTEE, EXCEPT FOR CERTAIN FEDERAL PURPOSES; TO AMEND SECTION 7-15-370, AS AMENDED, RELATING TO FURNISHING BALLOTS AND ENVELOPES, TO REMOVE ALL MENTION OF QUALIFICATIONS TO RECEIVE AN ABSENTEE BALLOT; AND TO REPEAL SECTION 7-15-470 RELATING TO THE AUTHORIZATION OF A COUNTY BOARD OF REGISTRATION TO USE OTHER METHODS OF VOTING BY ABSENTEE BALLOT INSTEAD OF PAPER BALLOT.
Referred to Committee on Judiciary

H. 3634 (Word version) -- Reps. Frye, Toole, Merrill, Huggins, Hardwick, Clemmons, Barfield, Haley, Whipper, Allison, Bales, Bingham, R. L. Brown, Clyburn, Cobb-Hunter, Crawford, Daning, Gullick, Horne, Gunn, Hosey, Hutto, Littlejohn, Long, Lowe, Millwood, Mitchell, Moss, J. M. Neal, Neilson, Ott, Owens, Parks, E. H. Pitts, M. A. Pitts, Simrill, J. R. Smith, Spires, Umphlett, Viers and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-750 SO AS TO REQUIRE AUTOMOBILE INSURERS TO NOTIFY INSUREDS WHEN PREMIUMS ARE INCREASED RESULTING FROM CHANGES IN THE INSURED'S CREDIT REPORTS AND REQUIRE THE INSURER TO SEND A COPY OF THE CREDIT REPORT WHEN NOTIFYING THE INSURED.
Referred to Committee on Labor, Commerce and Industry

H. 3635 (Word version) -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-560 SO AS TO SPECIFY APPLICABLE FEES FOR RECREATIONAL SALTWATER FISHING LICENSES; BY ADDING SECTION 50-9-715 SO AS TO SPECIFY


Printed Page 1419 . . . . . Thursday, February 26, 2009

RECREATIONAL SALTWATER FISHING LICENSE EXEMPTIONS; BY ADDING SECTION 50-9-925 SO AS TO SPECIFY HOW THE REVENUE FROM THE SALE OF STAMPS, LICENSES, PRINTS, AND RELATED ARTICLES MUST BE DISTRIBUTED; TO AMEND SECTION 50-5-15, RELATING TO THE DEFINITIONS APPLICABLE TO THE SOUTH CAROLINA MARINE RESOURCES ACT, SO AS TO DEFINE THE TERMS "DROP NET" AND "FOLD UP TRAP"; TO AMEND SECTION 50-5-955, RELATING TO THE DESIGNATION AND MAINTENANCE OF PUBLIC SHELLFISH GROUNDS, SO AS TO SUBSTITUTE REFERENCE TO THE RECREATIONAL SALTWATER FISHING LICENSE FOR THE MARINE RECREATIONAL FISHING STAMP; TO AMEND SECTION 50-5-1915, RELATING TO CHARTER FISHING VESSEL LOGS, SO AS TO REQUIRE MONTHLY SUBMISSIONS TO THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-9-20, RELATING TO THE DURATION OF HUNTING AND FISHING LICENSES, SO AS TO REMOVE REFERENCES TO RESIDENT AND NONRESIDENT LICENSES; TO AMEND SECTION 50-9-40, RELATING TO LICENSES FOR FRESHWATER FISHING, SO AS TO SPECIFY RECREATIONAL FRESHWATER FISHING; TO AMEND SECTION 50-9-540, AS AMENDED, RELATING TO FRESHWATER AND SALTWATER FISHING LICENSES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO REPEAL SECTIONS 50-5-1905, 50-5-1910, 50-5-1920, 50-5-1925, AND 50-5-1945 ALL RELATING TO RECREATIONAL SALTWATER FISHERIES LICENSES AND STAMPS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3636 (Word version) -- Reps. Hutto, Stavrinakis and Knight: A BILL TO AMEND SECTION 12-37-712, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESS TO MARINA RECORDS AND PREMISES, SO AS TO REQUIRE MARINAS TO VERIFY THE REGISTRATION INFORMATION OF ALL WATERCRAFT LEASING, RENTING, OR OTHERWISE OCCUPYING SPACE AT ITS FACILITY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


Printed Page 1420 . . . . . Thursday, February 26, 2009

H. 3637 (Word version) -- Rep. Vick: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IN COURTS OF THE UNIFIED JUDICIAL SYSTEM, SO AS TO PROVIDE THAT NOT LESS THAN TWENTY-FIVE PERCENT OF THE REVENUE RETAINED FROM THESE ASSESSMENTS MUST BE ALLOCATED TO THE VICTIM WITNESS PROGRAM OF THE SOLICITOR IN WHOSE CIRCUIT THE COUNTY OR MUNICIPALITY IS SITUATED; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO GENERAL SESSIONS COURT SURCHARGES, SO AS TO PROVIDE THAT NOT LESS THAN TWENTY-FIVE PERCENT OF THE REVENUE RETAINED FROM THESE SURCHARGES MUST BE ALLOCATED TO THE VICTIM WITNESS PROGRAM OF THE SOLICITOR IN WHOSE CIRCUIT THE COUNTY OR MUNICIPALITY IS SITUATED.
Referred to Committee on Ways and Means

H. 3638 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 38-73-737, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER TRAINING COURSE CREDIT TOWARD LIABILITY AND COLLISION INSURANCE COVERAGE, SO AS TO REDUCE THE INITIAL COURSE FROM EIGHT TO SIX HOURS; TO ALLOW FOR A FOUR HOUR REFRESHER COURSE EVERY THREE YEARS; AND TO ALLOW THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS FOR FIFTY-FIVE YEARS AND OLDER DRIVER SAFETY INTERNET COURSES.
Referred to Committee on Labor, Commerce and Industry

H. 3639 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 63-3-40, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES WHO


Printed Page 1421 . . . . . Thursday, February 26, 2009

SHALL BE AT LARGE AND MUST BE ELECTED WITHOUT REGARD TO THEIR COUNTY OR CIRCUIT OF RESIDENCE.
Referred to Committee on Judiciary

H. 3640 (Word version) -- Reps. Haley, Merrill, D. C. Smith, Bingham, Stringer, Erickson, G. M. Smith, Duncan, Thompson, Millwood, Toole, Frye, Ballentine, Edge, Hamilton, Herbkersman, E. H. Pitts, M. A. Pitts, Wylie and T. R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA FISCAL ACCOUNTABILITY ACT" BY ADDING SECTION 2-15-140 SO AS TO CREATE A DIVISION WITHIN THE LEGISLATIVE AUDIT COUNCIL TO CONDUCT EVALUATIONS OF PROGRAMS OF CERTAIN STATE AGENCIES AND DEPARTMENTS TO DETERMINE IF THESE PROGRAMS HAVE OUTLIVED THEIR USEFULNESS OR MUST BE CHANGED TO ADDRESS THE PRIORITIES AND NEEDS OF THE CITIZENS THEY AFFECT, PROVIDE FOR A PROCEDURE FOR THE INITIATION OF A REVIEW AND FOR DISPOSITION OF ITS FINDINGS AFTER A REVIEW HAS BEEN COMPLETED, REQUIRE THE GOVERNOR IN THE PREPARATION OF THE ANNUAL RECOMMENDED STATE BUDGET TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES, AND REQUIRE THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE IN THE CONSIDERATION OF THE ANNUAL GENERAL APPROPRIATIONS BILL AND BILLS OR JOINT RESOLUTIONS MAKING SUPPLEMENTAL APPROPRIATIONS TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES.
Referred to Committee on Ways and Means

S. 12 (Word version) -- Senators Leatherman, Alexander, O'Dell, Cleary, Leventis, Elliott, Lourie, Malloy and Setzler: A BILL TO ESTABLISH THE SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION, TO PROVIDE FOR THE COMMISSION'S MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE THAT THE COMMISSION MUST CONDUCT A COMPREHENSIVE STUDY OF THE STATE'S TAX SYSTEM AND SUBMIT A REPORT OF ITS RECOMMENDED CHANGES TO FURTHER THE GOAL OF MAINTAINING AND ENHANCING THE STATE AS AN OPTIMUM COMPETITOR IN THE EFFORT TO ATTRACT BUSINESSES AND INDIVIDUALS TO LOCATE, LIVE, WORK, AND INVEST IN THE STATE, AND TO PROVIDE


Printed Page 1422 . . . . . Thursday, February 26, 2009

FOR PROCEDURES GOVERNING THE CONSIDERATION OF LEGISLATION RESULTING FROM THE COMMISSION'S RECOMMENDATIONS.
Referred to Committee on Ways and Means

S. 132 (Word version) -- Senators Sheheen and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-175 SO AS TO PROVIDE THAT A LENDER WHO DELIVERS AN UNSOLICITED CHECK TO A PERSON MUST DISCLOSE THAT THE CHECK SECURES A LOAN, THE TERMS OF THE LOAN, AND NOTICE THAT BY NEGOTIATING THE CHECK THE RECIPIENT HAS ENTERED INTO A LOAN AGREEMENT, TO PROVIDE PROTECTION AND RECOURSE FOR INTENDED PAYEES IF AN UNSOLICITED CHECK IS CASHED FRAUDULENTLY, AND TO PROVIDE THAT A VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE AND SUBJECT TO APPROPRIATE PENALTIES AND ENFORCEMENT.
Referred to Committee on Labor, Commerce and Industry

S. 191 (Word version) -- Senators McConnell, Malloy, Campsen, Sheheen, Ford, Rose, Campbell and Knotts: A BILL TO ENACT THE SOUTH CAROLINA REDUCTION OF RECIDIVISM ACT OF 2009, SO AS TO PROVIDE LAW ENFORCEMENT OFFICERS WITH THE STATUTORY AUTHORITY TO REDUCE RECIDIVISM RATES, APPREHEND CRIMINALS AND PROTECT POTENTIAL VICTIMS FROM CRIMINAL ENTERPRISES BY AUTHORIZING WARRANTLESS SEARCHES AND SEIZURES OF PROBATIONERS AND PAROLEES; TO AMEND SECTION 20-7-8305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO PROVIDE THAT BEFORE A JUVENILE MAY BE CONDITIONALLY RELEASED, THE JUVENILE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 20-7-8320, RELATING TO CONDITIONAL RELEASE, SO AS TO PROVIDE THAT THE JUVENILE MUST BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-19-110, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS


Printed Page 1423 . . . . . Thursday, February 26, 2009

TO PROVIDE THAT BEFORE A YOUTHFUL OFFENDER MAY BE CONDITIONALLY RELEASED, THE YOUTHFUL OFFENDER MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-710, RELATING TO THE GUIDELINES, ELIGIBILITY CRITERIA, AND IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED WITHIN CERTAIN PROGRAMS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-1330, RELATING TO A COURT INMATE'S AGREEMENT TO TERMS AND CONDITIONS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-21-410, RELATING TO THE COURT BEING AUTHORIZED TO SUSPEND IMPOSITION OF SENTENCE FOR PROBATION AFTER CONVICTION, SO AS TO PROVIDE THAT BEFORE A DEFENDANT MAY BE PLACED ON PROBATION, THE DEFENDANT MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-430, RELATING TO THE CONDITIONS OF PROBATION, SO AS TO PROVIDE THAT THE CONDITIONS IMPOSED MUST INCLUDE THE REQUIREMENT THAT THE PROBATIONER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO PROVIDE THAT THE CONDITIONS OF PARTICIPATION MUST INCLUDE THE REQUIREMENT THAT THE OFFENDER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO

Printed Page 1424 . . . . . Thursday, February 26, 2009

AMEND SECTION 24-21-640, RELATING TO THE CIRCUMSTANCES WARRANTING PAROLE, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO SEARCH AND SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; AND TO AMEND SECTION 24-21-645, RELATING TO THE ORDER AUTHORIZING PAROLE, SO AS TO PROVIDE THAT THE CONDITIONS OF PAROLE MUST INCLUDE THE REQUIREMENT THAT THE PAROLEE MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE.
Referred to Committee on Judiciary

S. 245 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 63-3-530 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ADDED BY ACT 361 OF 2008, RELATING TO CHILD SUPPORT PAYMENTS, TO PERMIT A FAMILY COURT JUDGE TO MAKE AN ORDER FOR CHILD SUPPORT RUN PAST THE AGE OF EIGHTEEN IF THE CHILD IS ENROLLED AND STILL ATTENDING HIGH SCHOOL, NOT TO EXCEED HIGH SCHOOL GRADUATION OR THE END OF THE SCHOOL YEAR AFTER THE CHILD REACHES NINETEEN YEARS OF AGE, WHICHEVER OCCURS FIRST.
Referred to Committee on Judiciary

S. 317 (Word version) -- Senator Fair: A JOINT RESOLUTION TO SUSPEND THE PROVISIONS CONTAINED IN ACT 295 OF 2008, RELATING TO DENTAL TECHNOLOGICAL WORK, UNTIL JANUARY 1, 2010.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 462 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO APPLICATION, RENEWAL, AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3206, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs


Printed Page 1425 . . . . . Thursday, February 26, 2009

H. 3565--DEBATE ADJOURNED

The following Bill was taken up:

H. 3565 (Word version) -- Reps. Clemmons, Horne and A. D. Young: A BILL TO AMEND SECTION 4-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY COUNCIL MEMBERS HOLDING OTHER OFFICES AND THE SALARY AND COMPENSATION OF COUNCIL MEMBERS, SO AS TO PROVIDE THAT AN ORDINANCE REDUCING THE SALARY OF A COUNCIL MEMBER IS EFFECTIVE ON THIRD READING OF THE ORDINANCE, UNLESS PROVIDED OTHERWISE.

Rep. CLEMMONS proposed the following Amendment No. 3 (COUNCIL\DKA\3199DW09) which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Section 5-7-170 of the 1976 Code is amended to read:

"Section 5-7-170.   (A)   The council may determine the annual salary of its members by ordinance; provided, that an ordinance establishing or increasing such the salaries shall must not become effective until the commencement date of the terms of two or more members elected at the next general election following the adoption of the ordinance,. At which that time it will become becomes effective for all members whether or not they were elected in such that election.

(B)   An ordinance reducing the salary of council is effective on the date the ordinance receives third reading, unless provided otherwise.

(C)   The mayor and council members may also may receive payment for actual expenses incurred in the performance of their official duties within limitations prescribed by ordinance." /
Renumber sections to conform.
Amend title to conform.

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

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


Printed Page 1426 . . . . . Thursday, February 26, 2009

H. 3121--DEBATE ADJOURNED

The following Bill was taken up:

H. 3121 (Word version) -- Reps. J. E. Smith, E. H. Pitts, T. R. Young, Hutto, M. A. Pitts, Allison and Parker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO REMOVE, OR ATTEMPT TO REMOVE, FROM THIS STATE MORE THAN TEN TURTLES OF CERTAIN NAMED SPECIES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 3179--DEBATE ADJOURNED

The following Bill was taken up:

H. 3179 (Word version) -- Reps. Cooper, Battle, H. B. Brown, Funderburk, Hodges, T. R. Young, Vick, Hardwick, Clemmons and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-10-400 SO AS TO ENACT THE "SOUTH CAROLINA FARM TO SCHOOL PROGRAM ACT", TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FARM TO SCHOOL PROGRAM, TO PROVIDE FOR THE DUTIES OF ITS DIRECTOR, AND TO ESTABLISH A WEBSITE DEDICATED TO PROGRAM INITIATIVES.

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

H. 3270--DEBATE ADJOURNED

The following Bill was taken up:

H. 3270 (Word version) -- Reps. Duncan, Hodges, Allison, Parker, Weeks, Wylie and Whipper: A BILL TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO ESTABLISH NEW ANNUAL RENEWAL FEES AND TO REQUIRE THAT THE ADDITIONAL REVENUE GENERATED


Printed Page 1427 . . . . . Thursday, February 26, 2009

FROM THE TANK FEE INCREASES BE DEPOSITED INTO THE SUPERB ACCOUNT.

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

H. 3616--POINT OF ORDER

The following Bill was taken up:

H. 3616 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE YORK TECHNICAL COLLEGE ENTERPRISE CAMPUS, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

POINT OF ORDER

Rep. SANDIFER 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. 3042--REQUEST FOR DEBATE WITHDRAWN

Rep. DUNCAN withdrew his request for debate on H. 3042 (Word version); however, other requests for debate remained on the Bill.

MOTION PERIOD

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

H. 3067--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3067 (Word version) -- Reps. Clemmons, Brady, M. A. Pitts, Merrill, Wylie, Bingham, Viers, Harrell, Owens, Nanney and Bedingfield: A BILL TO AMEND SECTION 7-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROHIBIT A CANDIDATE FROM FILING MORE THAN ONE STATEMENT OF INTENTION OF CANDIDACY FOR A SINGLE ELECTION, AND TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY FOR A SINGLE OFFICE IN AN ELECTION;


Printed Page 1428 . . . . . Thursday, February 26, 2009

AND TO AMEND SECTION 7-13-320, RELATING TO BALLOTS AND SPECIFICATIONS, SO AS TO PROHIBIT A CANDIDATE'S NAME FROM APPEARING ON THE BALLOT MORE THAN ONCE.

Rep. OTT moved to adjourn debate on the Bill.

Rep. CLEMMONS moved to table the motion.

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

Yeas 61; Nays 13

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cole                   Cooper
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Knight                 Limehouse
Littlejohn             Loftis                 Long
Lucas                  Merrill                Millwood
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            Sottile                Stavrinakis
Stewart                Stringer               Thompson
Toole                  Umphlett               White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--61

Those who voted in the negative are:

Bales                  Branham                H. B. Brown
Funderburk             Hayes                  Hutto

Printed Page 1429 . . . . . Thursday, February 26, 2009

McLeod                 Miller                 Moss
J. M. Neal             Ott                    J. E. Smith
Vick

Total--13

So, the motion to adjourn debate was tabled.

Rep. J. E. SMITH moved to continue the Bill.

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

Yeas 11; Nays 61

Those who voted in the affirmative are:

Bales                  Branham                H. B. Brown
Funderburk             Hayes                  Hutto
McLeod                 Moss                   Ott
J. E. Smith            Vick

Total--11

Those who voted in the negative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cole                   Cooper
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Knight                 Limehouse
Loftis                 Long                   Lucas
Merrill                Miller                 Millwood
Nanney                 J. M. Neal             Owens
Parker                 Pinson                 E. H. Pitts
Sandifer               Simrill                Skelton
G. R. Smith            Sottile                Stavrinakis
Stewart                Stringer               Thompson

Printed Page 1430 . . . . . Thursday, February 26, 2009

Toole                  Umphlett               White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--61

So, the House refused to continue the Bill.

The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\DKA\3154DW09), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION   2.   Section 7-13-320(D) of the 1976 Code is amended to read:

"(D)   The names of candidates offering for any other another office shall must be placed in the proper place on the appropriate ballot, stating whether it is a state, congressional, legislative, county, or other office. A candidate's name may not appear on the ballot more than once for any single office for the same election." /
Renumber sections to conform.
Amend title to conform.

Rep. CLEMMONS explained the amendment.
Rep. J. E. SMITH spoke against the amendment.

Rep. COOPER moved cloture on the entire matter.

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

Yeas 53; Nays 20

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Clemmons
Cole                   Cooper                 Daning
Delleney               Edge                   Erickson
Forrester              Frye                   Gambrell
Gullick                Hamilton               Hardwick
Harrell                Hearn                  Herbkersman
Hiott                  Horne                  Huggins

Printed Page 1431 . . . . . Thursday, February 26, 2009

Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Millwood
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            Sottile                Stewart
Stringer               Toole                  Umphlett
White                  Willis                 Wylie
A. D. Young            T. R. Young

Total--53

Those who voted in the negative are:

Bales                  Ballentine             Branham
H. B. Brown            Duncan                 Funderburk
Haley                  Hayes                  Hutto
Knight                 Lucas                  McLeod
Miller                 Moss                   J. M. Neal
Ott                    J. E. Smith            Stavrinakis
Thompson               Vick

Total--20

So, cloture was ordered.

Rep. J. E. SMITH spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 61; Nays 10

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Bedingfield            Bingham                Bowen
Brady                  Cato                   Clemmons
Cole                   Cooper                 Daning
Delleney               Duncan                 Edge
Erickson               Forrester              Frye
Gambrell               Gullick                Haley

Printed Page 1432 . . . . . Thursday, February 26, 2009

Hamilton               Hardwick               Harrell
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lucas
Merrill                Millwood               Moss
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            Sottile                Stavrinakis
Stewart                Stringer               Thompson
Toole                  Umphlett               White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--61

Those who voted in the negative are:

Bales                  Branham                H. B. Brown
Funderburk             Hutto                  McLeod
Miller                 Ott                    J. E. Smith
Vick

Total--10

So, the amendment was adopted.

Reps. CLEMMONS and HARRELL proposed the following Amendment No. 3 (COUNCIL\DKA\3220DW09), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION   __.   Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-1115.   (A)   In order to be certified as part of the total number of votes cast, a ballot must indicate a vote cast for a single candidate. A vote, with the exception of a vote for electors for President of the United States and Vice President of the United States pursuant to Section 7-13-1320, may not be cast for a political party.

(B)   A ballot that does not contain an individual vote for a single candidate for a single office, whether indicated on the ballot or as a write in, must be considered improperly marked as to that office only."


Printed Page 1433 . . . . . Thursday, February 26, 2009

SECTION   __.   Section 7-13-330 of the 1976 Code, as amended by Act 236 of 2000, is further amended to read:

"Section 7-13-330.   The arrangement of general election ballots containing the names of candidates for office must conform as nearly as possible to the following plan, with a column or columns added in case of nomination by petition and a blank column added for write-in votes, and must contain the specified instructions there set forth and no other:

GENERAL ELECTION OFFICIAL BALLOT

No. ______ ________ COUNTY, SOUTH CAROLINA

November ___, _____

________________

Initials of Issuing Officer

OFFICIAL BALLOT

GENERAL ELECTION

__________ __________ County, South Carolina

November ___, _____

Precinct __________
INSTRUCTIONS--To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need or should be done. To vote a mixed ticket, or in other words for candidates of different parties or petition candidates, omit making a cross (X) mark in the party circle at the top and make a cross (X) in the voting square [ ] opposite the name of each candidate on the ballot for whom you wish to vote. Only those candidates for whom the voting square is marked shall receive a vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside of the ballot.

Nomination by

Name of Party   Name of Party   Petition
Names of Office       0         0
------------------------------------------------------------------
STATE         Governor     Governor     Governor
Governor       [ ] Name of     [ ] Name of     [ ] Name of

Candidate     Candidate     Candidate
------------------------------------------------------------------
Lieutenant       Lieut. Governor   Lieut. Governor   Lieut. Governor
Governor       [ ] Name of     [ ] Name of     [ ] Name of

Candidate     Candidate     Candidate


Printed Page 1434 . . . . . Thursday, February 26, 2009

------------------------------------------------------------------
Secretary of       Sec. of State     Sec. of State     Sec. of State
State         [ ] Name of     [ ] Name of     [ ] Name of

Candidate     Candidate     Candidate
------------------------------------------------------------------
CONGRES-       U.S. Senator     U.S. Senator     U.S. Senator
SIONAL         [ ] Name of     [ ] Name of     [ ] Name of
Senator         Candidate     Candidate     Candidate
------------------------------------------------------------------
Representative     U.S. Repre-     U.S. Repre-     U.S. Repre-
in Congress       sentative     sentative     sentative

[ ] Name of     [ ] Name of     [ ] Name of
District         Candidate     Candidate     Candidate "
SECTION   __.   Section 7-13-1340 of the 1976 Code, as last amended by Act 223 of 2006, is further amended to read:

"Section 7-13-1340.   A vote recorder or optical scan voting device must not be adopted or used unless it:

(a)   provides facilities for voting for the candidates as may be nominated and upon the questions as may be submitted;

(b)   permits each elector, at other than primaries, to vote a straight party or body ticket, in one operation; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which the elector votes for individual candidates;

(c)   permits each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;

(d)(c)   permits each elector to vote, at any election, for any person and for any office for whom and for which the elector is lawfully entitled to vote, whether or not the name of the person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as the elector is entitled to vote for, and to vote for or against any question upon which the elector is entitled to vote;

(e)(d)   precludes, when used in conjunction with a tabulating machine, the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and precludes the counting of votes for more persons for any office than the elector is entitled to vote for or for fewer than the elector is required to vote for, and precludes the counting of votes for any candidate for the same office or upon any question more than once;


Printed Page 1435 . . . . . Thursday, February 26, 2009

(f)(e)   permits voting in absolute secrecy, so that a person shall not see or know for whom any other elector has voted or is voting, except an elector whom the person has assisted or is assisting in voting, as prescribed by law;

(g)(f)   is constructed of material of good quality, in a neat and workmanlike manner;

(h)(g)   records, when properly operated, correctly and accurately every vote cast;

(i)(h)   is constructed so that an elector may readily learn the method of operating it;

(j)(i)   is safely transportable; and

(k)(j)   if approved after July 1, 1999, or if an upgrade in software, hardware, or firmware is submitted for approval as required by Section 7-13-1330(C), is able to electronically transmit vote totals for all elections to the State Election Commission in a format and time frame specified by the commission."
SECTION   __.   Section 7-15-360 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:

"Section 7-15-360.   The board of registration of each county must be furnished by the commissioners of election of the county or the county committee for each political party holding a primary, a sufficient number of ballots and envelopes not to exceed fifteen percent of the number of registered voters in that county to enable the board of registration to deliver these materials to qualified electors who desire to vote by absentee ballot. If an absentee ballot is not available at the time the voter requests it, the board of registration must provide a blank ballot to allow the voter to write in his: (1) selections of candidates; (2) selection of party, if he wishes to vote a straight party ticket; and (3) support or opposition of any ballot measure.
SECTION__.   Section 7-15-365 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:

"Section 7-15-365.   The board of registration of each county must be furnished by the municipal election commission of each municipality holding an election or the executive committee of a municipal party holding a primary, a sufficient number of ballots, envelopes, and instructions to the absentee voter not to exceed fifteen percent of the number of registered voters in the municipality and sufficient postage to enable the board of registration to deliver materials to qualified electors desiring to vote by absentee ballot. The envelope required by item (4) of Section 7-15-370 must bear the return address of the county board of registration. If an absentee ballot is not


Printed Page 1436 . . . . . Thursday, February 26, 2009

available at the time the voter requests it, the board of registration must provide a blank ballot to allow the voter to write in his: (1) selections of candidates; (2) selection of party, if he wishes to vote a straight party ticket; and (3) support or opposition of any ballot measure."
SECTION   __.   The last paragraph of Section 7-15-370 of the 1976 Code, as last amended by Act 434 of 1996, is further amended to read:

"If absentee ballots are not available at the time the voter requests one, the board of registration must provide a blank ballot to allow the voter to write in his: (1) selections of candidates; (2) selection of party, if he wishes to vote straight party ticket; and (3) support or opposition of any ballot measure." /
Renumber sections to conform.
Amend title to conform.

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

LEAVE OF ABSENCE

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

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

Yeas 64; Nays 0

Those who voted in the affirmative are:

Allison                Bales                  Ballentine
Bannister              Barfield               Bingham
Bowen                  Brady                  Cato
Clemmons               Cole                   Cooper
Daning                 Delleney               Duncan
Edge                   Forrester              Frye
Funderburk             Gambrell               Gullick
Haley                  Hardwick               Harrell
Hayes                  Hearn                  Herbkersman
Huggins                Hutto                  Kelly
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lucas
McLeod                 Merrill                Miller
Millwood               Moss                   Nanney
J. M. Neal             Owens                  Parker

Printed Page 1437 . . . . . Thursday, February 26, 2009

Pinson                 E. H. Pitts            Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Stavrinakis            Stewart                Stringer
Thompson               Toole                  Umphlett
White                  Willis                 Wylie
T. R. Young

Total--64

Those who voted in the negative are:

Total--0

So, the amendment was adopted.

Rep. proposed the following Amendment No. 4, which was ruled out of order:
Allow you to be on two parties.

POINT OF ORDER

Rep. CLEMMONS raised the Point of Order that Amendment No. 4 was out of order as it was improperly drawn since it had no sponsors.
SPEAKER HARRELL sustained the Point of Order and ruled the amendment out of order.

Rep. OTT spoke against the Bill.
Rep. J. E. SMITH spoke against the Bill.
Rep. H. B. BROWN spoke against the Bill.
Rep. STAVRINAKIS spoke in favor of the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. STAVRINAKIS continued speaking.
Rep. MCLEOD spoke against the Bill.

POINT OF QUORUM

The question of a quorum was raised by Representative J. E. SMITH.
A quorum was present.


Printed Page 1438 . . . . . Thursday, February 26, 2009

Rep. VICK spoke against the Bill.
Rep. MILLER spoke against the Bill.

SPEAKER IN CHAIR

POINT OF QUORUM

The question of a quorum was raised by Representative OTT.
A quorum was present.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that the vote was out of order since the results of the vote had not been tabulated in accordance with Rule 7.3b.
SPEAKER HARRELL stated that the Point of Order comes too late because it had been established that a quorum was present. He stated further that the rule only required a roll call vote on the question where the "yeas" and "nays" were taken. Therefore, he overruled the Point of Order.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 61; Nays 7

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cole                   Cooper
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Hayes                  Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lucas                  Merrill                Millwood
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            Sottile                Stavrinakis

Printed Page 1439 . . . . . Thursday, February 26, 2009

Stewart                Stringer               Thompson
Toole                  Umphlett               White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--61

Those who voted in the negative are:

H. B. Brown            Funderburk             Hutto
Miller                 Ott                    J. E. Smith
Vick

Total--7

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

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on H. 3067. If I had been present, I would have voted against the Bill.

Rep. Walt McLeod

RECORD FOR VOTING

I had requested a temporary leave of absence because of a meeting with the Macedonia V.F.D. If I had been present for the vote on H. 3067, I would have voted in favor of this Bill.

Rep. Dennis Moss

H. 3067--MOTION TO RECONSIDER TABLED

Rep. LOFTIS moved to reconsider the vote whereby the following Bill was read the second time:

H. 3067 (Word version) -- Reps. Clemmons, Brady, M. A. Pitts, Merrill, Wylie, Bingham, Viers, Harrell, Owens, Nanney and Bedingfield: A BILL TO AMEND SECTION 7-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROHIBIT A CANDIDATE FROM FILING MORE THAN ONE STATEMENT OF INTENTION OF CANDIDACY FOR A SINGLE ELECTION, AND TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY FOR A SINGLE OFFICE IN AN ELECTION;


Printed Page 1440 . . . . . Thursday, February 26, 2009

AND TO AMEND SECTION 7-13-320, RELATING TO BALLOTS AND SPECIFICATIONS, SO AS TO PROHIBIT A CANDIDATE'S NAME FROM APPEARING ON THE BALLOT MORE THAN ONCE.

Rep. LOFTIS moved to table the motion to reconsider, which was agreed to.

Rep. LIMEHOUSE moved that the House do now adjourn.

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

Yeas 21; Nays 45

Those who voted in the affirmative are:

Bannister              Bedingfield            H. B. Brown
Edge                   Funderburk             Gullick
Hamilton               Hutto                  Limehouse
Littlejohn             Nanney                 J. M. Neal
Ott                    Owens                  Pinson
J. E. Smith            Sottile                Stavrinakis
Stringer               Vick                   Wylie

Total--21

Those who voted in the negative are:

Allison                Ballentine             Barfield
Bingham                Bowen                  Brady
Branham                Cato                   Clemmons
Cole                   Daning                 Delleney
Duncan                 Erickson               Forrester
Gambrell               Haley                  Hardwick
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Loftis                 Long                   Lucas
Merrill                Miller                 Millwood
Parker                 E. H. Pitts            Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            Stewart                Thompson

Printed Page 1441 . . . . . Thursday, February 26, 2009

Toole                  Umphlett               White
Willis                 A. D. Young            T. R. Young

Total--45

So, the House refused to adjourn.

H. 3084--DEBATE ADJOURNED

The following Bill was taken up:

H. 3084 (Word version) -- Reps. Toole, Wylie and Hamilton: A BILL TO AMEND SECTION 57-3-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMING OF A HIGHWAY FACILITY IN HONOR OF AN INDIVIDUAL, SO AS TO PROVIDE THAT UNLESS THE HIGHWAY FACILITY IS DEDICATED AND NAMED IN HONOR OF EITHER A SERVICEMAN OR LAW ENFORCEMENT OFFICER KILLED IN THE LINE OF DUTY, PUBLIC FUNDS MAY NOT BE USED TO REIMBURSE THE DEPARTMENT OF TRANSPORTATION FOR THE EXPENSES IT INCURS TO NAME AND DEDICATE THE HIGHWAY FACILITY.

The question then recurred to the passage of the Bill, cloture having been ordered.

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

H. 3042--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3042 (Word version) -- Reps. Merrill, Parker, Huggins, H. B. Brown, Anderson, J. E. Smith, Miller, M. A. Pitts, Toole, Hayes, Bales, Jennings, Herbkersman, Vick, Rutherford, Hart, Sellers, McLeod, Moss, Hiott, Alexander, Gambrell, Bingham, Brady, Sandifer, Bedingfield, Ott, Hutto, G. R. Smith, Millwood, Whipper and Bannister: A BILL TO AMEND SECTIONS 40-81-20, 40-81-50, 40-81-70, 40-81-230, 40-81-280, 40-81-430, AND 40-81-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO REGULATIONS OF VARIOUS ATHLETIC AND SPORTING ACTIVITIES BY THE STATE ATHLETIC COMMISSION; BY ADDING SECTION 40-81-445 SO AS TO MAKE THE COMBATIVE SPORT OF MIXED


Printed Page 1442 . . . . . Thursday, February 26, 2009

MARTIAL ARTS LEGAL IN SOUTH CAROLINA, AND TO PROVIDE FOR THE MANNER IN WHICH THE STATE ATHLETIC COMMISSION SHALL SUPERVISE AND REGULATE MIXED MARTIAL ARTS COMPETITIONS; AND TO REPEAL SECTION 40-81-530 RELATING TO ULTIMATE FIGHTING EVENTS AS BEING UNLAWFUL.

Rep. SANDIFER explained the Bill.

Rep. MCLEOD spoke upon the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 57; Nays 8

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Branham                H. B. Brown
Cato                   Clemmons               Cole
Cooper                 Delleney               Duncan
Edge                   Erickson               Forrester
Funderburk             Gambrell               Gullick
Haley                  Harrell                Hayes
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lucas
McLeod                 Merrill                Millwood
Nanney                 J. M. Neal             Ott
Owens                  Parker                 Pinson
E. H. Pitts            Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Stavrinakis
Thompson               Toole                  Vick
White                  Willis                 A. D. Young

Total--57


Printed Page 1443 . . . . . Thursday, February 26, 2009

Those who voted in the negative are:
Ballentine             Daning                 Frye
Hamilton               Stewart                Stringer
Umphlett               T. R. Young

Total--8

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

RECORD FOR VOTING

I had requested a temporary leave of absence because of a meeting with the Macedonia V.F.D. If I had been present for the vote on H. 3042, I would have voted in favor of this Bill.

Rep. Dennis Moss

H. 3042--MOTION TO RECONSIDER TABLED

Rep. MERRILL moved to reconsider the vote whereby the following Bill was read the second time:

H. 3042 (Word version) -- Reps. Merrill, Parker, Huggins, H. B. Brown, Anderson, J. E. Smith, Miller, M. A. Pitts, Toole, Hayes, Bales, Jennings, Herbkersman, Vick, Rutherford, Hart, Sellers, McLeod, Moss, Hiott, Alexander, Gambrell, Bingham, Brady, Sandifer, Bedingfield, Ott, Hutto, G. R. Smith, Millwood, Whipper and Bannister: A BILL TO AMEND SECTIONS 40-81-20, 40-81-50, 40-81-70, 40-81-230, 40-81-280, 40-81-430, AND 40-81-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO REGULATIONS OF VARIOUS ATHLETIC AND SPORTING ACTIVITIES BY THE STATE ATHLETIC COMMISSION; BY ADDING SECTION 40-81-445 SO AS TO MAKE THE COMBATIVE SPORT OF MIXED MARTIAL ARTS LEGAL IN SOUTH CAROLINA, AND TO PROVIDE FOR THE MANNER IN WHICH THE STATE ATHLETIC COMMISSION SHALL SUPERVISE AND REGULATE MIXED MARTIAL ARTS COMPETITIONS; AND TO REPEAL SECTION 40-81-530 RELATING TO ULTIMATE FIGHTING EVENTS AS BEING UNLAWFUL.

Rep. MERRILL moved to table the motion to reconsider, which was agreed to.


Printed Page 1444 . . . . . Thursday, February 26, 2009

H. 3042--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MERRILL, with unanimous consent, it was ordered that H. 3042 (Word version) be read the third time tomorrow.

Rep. STAVRINAKIS moved that the House do now adjourn.

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

Yeas 20; Nays 49

Those who voted in the affirmative are:

Bannister              Bedingfield            Branham
H. B. Brown            Edge                   Funderburk
Gullick                Hamilton               Hayes
Hutto                  Limehouse              McLeod
Nanney                 J. M. Neal             Ott
J. E. Smith            Sottile                Stavrinakis
Stringer               Wylie

Total--20

Those who voted in the negative are:

Allison                Ballentine             Barfield
Bingham                Bowen                  Brady
Cato                   Clemmons               Cole
Cooper                 Daning                 Delleney
Duncan                 Erickson               Forrester
Frye                   Gambrell               Haley
Hardwick               Harrell                Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Littlejohn
Loftis                 Long                   Lucas
Merrill                Millwood               Owens
Parker                 Pinson                 E. H. Pitts
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            Stewart
Thompson               Toole                  Umphlett

Printed Page 1445 . . . . . Thursday, February 26, 2009

White                  Willis                 A. D. Young
T. R. Young

Total--49

So, the House refused to adjourn.

H. 3247--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3247 (Word version) -- Reps. Huggins and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-445 SO AS TO PROVIDE A LANDLORD OF A MULTI-FAMILY DWELLING MAY EMPLOY CERTAIN EQUIPMENT OR METHODOLOGY TO DETERMINE THE QUANTITY OF WATER PROVIDED TO EACH SINGLE-FAMILY RESIDENCE WITHIN THE DWELLING, AND TO PROVIDE THE LANDLORD MAY CHARGE A TENANT FOR WATER AND WASTEWATER USED BY HIS SINGLE-FAMILY RESIDENCE, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 27-40-210, RELATING TO GENERAL DEFINITIONS IN THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO DEFINE A MULTI-FAMILY DWELLING; AND TO AMEND SECTION 27-40-440, RELATING TO A LANDLORD'S OBLIGATIONS, SO AS TO PROVIDE SPECIFIC REQUIREMENTS PERTAINING TO THE PROVISION OF CENTRAL HEAT AND HOT WATER TO A MULTI-FAMILY DWELLING.

Rep. SANDIFER explained the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 65; Nays 0

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bingham                Bowen
Brady                  Branham                H. B. Brown
Cato                   Clemmons               Cole
Cooper                 Daning                 Delleney
Duncan                 Edge                   Erickson

Printed Page 1446 . . . . . Thursday, February 26, 2009

Forrester              Frye                   Funderburk
Gambrell               Gullick                Haley
Hardwick               Harrell                Hayes
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Hutto
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lucas
McLeod                 Merrill                Miller
Millwood               J. M. Neal             Ott
Parker                 Pinson                 E. H. Pitts
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Stavrinakis            Thompson
Toole                  Umphlett               Vick
White                  Willis                 Wylie
A. D. Young            T. R. Young

Total--65

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I had requested a temporary leave of absence because of a meeting with the Macedonia V.F.D. If I had been present for the vote on H. 3247, I would have voted in favor of this Bill.
Rep. Dennis Moss

H. 3247--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 3247 (Word version) be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

Rep. CLEMMONS moved that the House recur to the morning hour.


Printed Page 1447 . . . . . Thursday, February 26, 2009

H. 3565--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3565 (Word version) -- Reps. Clemmons, Horne and A. D. Young: A BILL TO AMEND SECTION 4-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY COUNCIL MEMBERS HOLDING OTHER OFFICES AND THE SALARY AND COMPENSATION OF COUNCIL MEMBERS, SO AS TO PROVIDE THAT AN ORDINANCE REDUCING THE SALARY OF A COUNCIL MEMBER IS EFFECTIVE ON THIRD READING OF THE ORDINANCE, UNLESS PROVIDED OTHERWISE.

Rep. LOFTIS moved to reconsider the vote whereby Amendment No. 3 was tabled, which was agreed to.

Rep. CLEMMONS proposed the following Amendment No. 3 (COUNCIL\DKA\3199DW09), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.   Section 5-7-170 of the 1976 Code is amended to read:

"Section 5-7-170.   (A)   The council may determine the annual salary of its members by ordinance; provided, that an ordinance establishing or increasing such the salaries shall must not become effective until the commencement date of the terms of two or more members elected at the next general election following the adoption of the ordinance,. At which that time it will become becomes effective for all members whether or not they were elected in such that election.

(B)   An ordinance reducing the salary of council is effective on the date the ordinance receives third reading, unless provided otherwise.

(C)   The mayor and council members may also may receive payment for actual expenses incurred in the performance of their official duties within limitations prescribed by ordinance." /
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

Rep. OTT moved to adjourn debate on the Bill.


Printed Page 1448 . . . . . Thursday, February 26, 2009

Rep. CLEMMONS moved to table the motion.

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

Yeas 53; Nays 12

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bingham                Bowen
Brady                  Cato                   Clemmons
Cole                   Cooper                 Daning
Delleney               Duncan                 Edge
Erickson               Forrester              Gambrell
Gullick                Haley                  Hardwick
Harrell                Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lucas
Merrill                Millwood               Parker
Pinson                 E. H. Pitts            Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            Sottile                Stewart
Thompson               Toole                  Umphlett
White                  Willis                 Wylie
A. D. Young            T. R. Young

Total--53

Those who voted in the negative are:

Branham                H. B. Brown            Frye
Funderburk             Hayes                  Hutto
Miller                 J. M. Neal             Ott
J. E. Smith            Stavrinakis            Vick

Total--12

So, the motion to adjourn debate was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 4 (COUNCIL\BBM\9198HTC09), which was ruled out of order:


Printed Page 1449 . . . . . Thursday, February 26, 2009

Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:
/ SECTION   __.   Section 6-1-320 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

POINT OF ORDER

Rep. G. R. SMITH raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with the reduction in salaries for county council members, the amendment attempted to delete tax caps in a different code section. He sustained the Point and ruled the amendment out of order.

Reps. COBB-HUNTER and McLEOD proposed the following Amendment No. 5 (COUNCIL\BBM\9200HTC09), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 4-9-100 of the 1976 Code is amended to read:

"Section 4-9-100.   (A)   No A member of council, including supervisors, shall not hold any other another office of honor or profit in government, except military commissions and commissions as notaries public, during his elected term.

(B)(1)   After adoption of a form of government as provided for in this chapter, council, shall by ordinance, shall prescribe the salary and compensation for its members.

(2)   After the initial determination of salary, council, may by ordinance, may adjust the salary but the ordinance changing increasing the salary is not effective until the date of commencement of terms of at least two members of council elected at the next general election following the enactment of the ordinance affecting the salary changes at which time it will become effective for all members.

(3)   A chairman of a county council who is assigned additional administrative duties may receive additional compensation as the council may provide. The additional compensation becomes effective with the passage of the ordinance increasing the compensation of the chairman.


Printed Page 1450 . . . . . Thursday, February 26, 2009

(4)   An ordinance reducing the salary of council is effective on the date the ordinance receives third reading, unless provided otherwise.

(5)   Members may also may be reimbursed for actual expenses incurred in the conduct of their official duties.

(6)   The restriction on salary changes does not apply to supervisors under the council-supervisor form of government whose salaries may be increased during their terms of office but supervisors shall not vote on the question when it is considered by council."
SECTION   2.   Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-105.   The governing body of a county in exercising its authority pursuant to this title is exempt from the provisions of Section 6-1-320."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

POINT OF ORDER

Rep. CLEMMONS raised the Point of Order that Amendment No. 5 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill dealt with the reduction in salaries for county council members, the Amendment attempted to delete tax caps in a different code section. He sustained the Point and ruled the Amendment out of order.

Rep. KENNEDY proposed the following Amendment No. 1 (COUNCIL\GGS\22249AB09), which was tabled:
Amend the bill, as and if amended, SECTION 1, page 2, by adding an appropriately numbered paragraph to read:
/   ( )   Salary of council must be reduced by the same percentage by which council reduces the salaries of all county employees when the county employee salary reduction is by a single rate in an across-the-board reduction.   /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.


Printed Page 1451 . . . . . Thursday, February 26, 2009

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

Rep. KENNEDY proposed the following Amendment No. 2 (COUNCIL\GGS\22250AB09), which was tabled:
Amend the bill, as and if amended, SECTION 1, page 2, by adding an appropriately numbered paragraph to read:
/   ( )   Salary of council must be reduced by the average of the percentages by which council reduces the salaries of all county employees when the county employee salary reduction is not by a single rate across-the-board.
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
Rep. CLEMMONS moved to table the amendment, which was agreed to.

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

RECORD FOR VOTING

I had requested a temporary leave of absence because of a meeting with the Macedonia V.F.D. If I had been present for the vote on H. 3565, I would have voted in favor of this Bill.
Rep. Dennis Moss

H. 3565--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CLEMMONS, with unanimous consent, it was ordered that H. 3565 (Word version) be read the third time tomorrow.

H. 3121--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3121 (Word version) -- Reps. J. E. Smith, E. H. Pitts, T. R. Young, Hutto, M. A. Pitts, Allison and Parker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO REMOVE, OR ATTEMPT TO REMOVE, FROM THIS STATE MORE THAN TEN TURTLES OF CERTAIN NAMED


Printed Page 1452 . . . . . Thursday, February 26, 2009

SPECIES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (COUNCIL\GGS\22251AB09), which was adopted:
Amend the bill, as and if amended, by striking Section 50-15-75 of the 1976 Code, as contained in SECTION 1, and inserting:
/   Section 50-15-75.   (A)   It is unlawful for a person, or a group of individuals traveling in one vehicle, to remove, or attempt to remove from this State more than ten, either in one species or a combination of species, of the named species of turtles at one time with a maximum of twenty turtles of these species, either individually or in combination in any one year: yellowbelly turtle (Trachemys scripta), Florida cooter (Pseudemys floridana), river cooter (Pseudemys concinna), chicken turtle (deirochelys reticularia), eastern painted turtle (Chrysemys picta), spiny softshell turtle (Apalone spinifera), Florida softshell turtle (Apalone ferox), and common snapping turtle (Chelydra serpentine). A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred dollars. Each turtle removed or in possession of a person attempting to remove them in violation of this section constitutes a separate offense.

(B)   The provisions of this section do not prohibit the sale, offer for sale, or purchase of the yellowbelly turtle (Trachemys scripta) species and the common snapping turtle (Chelydra serpentine) species if these turtles were taken from a permitted aquaculture facility. A person selling, offering to sell, or purchasing these species must have documentation from the aquaculture facility as to the origin of the turtles.   /
Renumber sections to conform.
Amend title to conform.

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

Rep. UMPHLETT proposed the following Amendment No. 2 (COUNCIL\GJK\20142SD09), which was adopted:
Amend the bill, as and if amended, by striking Section 50-15-75 of the 1976 Code, as contained in SECTION 1, and inserting:


Printed Page 1453 . . . . . Thursday, February 26, 2009

/   Section 50-15-75.   (A)   It is unlawful for a person, or a group of individuals traveling in one vehicle, to remove, or attempt to remove from this State more than ten, either in one species or a combination of species, of the named species of turtles at one time with a maximum of twenty turtles of these species, either individually or in combination in any one year: yellowbelly turtle (Trachemys scripta), Florida cooter (Pseudemys floridana), river cooter (Pseudemys concinna), chicken turtle (deirochelys reticularia), eastern box turtle (Terrapene Carolina), eastern painted turtle (Chrysemys picta), spiny softshell turtle (Apalone spinifera), Florida softshell turtle (Apalone ferox), and common snapping turtle (Chelydra serpentine). A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred dollars. Each turtle removed or in possession of a person attempting to remove them in violation of this section constitutes a separate offense.

(B)   The provisions of this section do not prohibit the sale, offer for sale, or purchase of the yellowbelly turtle (Trachemys scripta) species and the common snapping turtle (Chelydra serpentine) species if these turtles were taken from a permitted aquaculture facility. A person selling, offering to sell, or purchasing these species must have documentation from the aquaculture facility as to the origin of the turtles.   /
Renumber sections to conform.
Amend title to conform.

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

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

RECORD FOR VOTING

I had requested a temporary leave of absence because of a meeting with the Macedonia V.F.D. If I had been present for the vote on H. 3121, I would have voted in favor of this Bill.
Rep. Dennis Moss

H. 3121--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. UMPHLETT, with unanimous consent, it was ordered that H. 3121 (Word version) be read the third time tomorrow.


Printed Page 1454 . . . . . Thursday, February 26, 2009

H. 3179--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3179 (Word version) -- Reps. Cooper, Battle, H. B. Brown, Funderburk, Hodges, T. R. Young, Vick, Hardwick, Clemmons and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-10-400 SO AS TO ENACT THE "SOUTH CAROLINA FARM TO SCHOOL PROGRAM ACT", TO PROVIDE FOR THE CREATION OF THE SOUTH CAROLINA FARM TO SCHOOL PROGRAM, TO PROVIDE FOR THE DUTIES OF ITS DIRECTOR, AND TO ESTABLISH A WEBSITE DEDICATED TO PROGRAM INITIATIVES.

Rep. DUNCAN explained the Bill.
Rep. VICK spoke in favor of the Bill.

Rep. HALEY moved to adjourn debate on the Bill until Tuesday, March 3, 2009.

Rep. COOPER moved to table the motion.

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

Yeas 55; Nays 9

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Bingham                Bowen                  Brady
Branham                H. B. Brown            Cato
Clemmons               Cole                   Cooper
Delleney               Duncan                 Edge
Erickson               Forrester              Funderburk
Gambrell               Gullick                Hardwick
Harrell                Hayes                  Hearn
Herbkersman            Hiott                  Horne
Huggins                Hutto                  Kelly
Limehouse              Littlejohn             Loftis
Lucas                  McLeod                 Merrill
Miller                 Millwood               J. M. Neal
Ott                    Parker                 Pinson
Sandifer               Simrill                Skelton

Printed Page 1455 . . . . . Thursday, February 26, 2009

G. M. Smith            G. R. Smith            Sottile
Stavrinakis            Stewart                Thompson
Umphlett               Vick                   White
A. D. Young

Total--55

Those who voted in the negative are:

Ballentine             Daning                 Frye
Haley                  Long                   E. H. Pitts
Toole                  Wylie                  T. R. Young

Total--9

So, the House refused to adjourn debate.

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

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

Yeas 62; Nays 1

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bingham                Bowen
Brady                  Branham                H. B. Brown
Cato                   Clemmons               Cole
Cooper                 Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Gullick                Hardwick
Harrell                Hayes                  Hearn
Herbkersman            Hiott                  Horne
Huggins                Hutto                  Kelly
Limehouse              Littlejohn             Loftis
Lucas                  McLeod                 Merrill
Miller                 Millwood               Ott
Parker                 Pinson                 E. H. Pitts
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith

Printed Page 1456 . . . . . Thursday, February 26, 2009

Sottile                Stavrinakis            Stewart
Thompson               Toole                  Umphlett
Vick                   White                  Wylie
A. D. Young            T. R. Young

Total--62

Those who voted in the negative are:

Haley

Total--1

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

RECORD FOR VOTING

I had requested a temporary leave of absence because of a meeting with the Macedonia V.F.D. If I had been present for the vote on H. 3179, I would have voted in favor of this Bill.
Rep. Dennis Moss

H. 3179--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 3179 (Word version) be read the third time tomorrow.

Rep. A. D. YOUNG 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. 3593 (Word version) -- Rep. G. A. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF ISAAC JOE, JR., OF COLUMBIA, MARYLAND, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3597 (Word version) -- Reps. G. R. Smith, Bedingfield, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, Bowers, Brady, Branham, Brantley,


Printed Page 1457 . . . . . Thursday, February 26, 2009

G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO RECOGNIZE BOB SHUMAKER OF GREENVILLE COUNTY, AUTHOR OF "THE SCHMOONEY TRILOGIES", A CHILDREN'S BOOK SERIES FEATURING A LOVEABLE MAIN CHARACTER KNOWN AS THE SCHMOONEY WHO LEADS CHILDREN ON REMARKABLE ADVENTURES, TO COMMEND HIM FOR HIS DEDICATION TO IMPROVING READING SKILLS AND LITERACY ACROSS THE PALMETTO STATE, AND TO DECLARE THE SCHMOONEY THE HONORARY MASCOT FOR LITERACY IN SOUTH CAROLINA FOR 2009-2010.

H. 3598 (Word version) -- Reps. Funderburk, Lucas, Gunn, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Gambrell, Gilliard, Govan, Gullick, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks,


Printed Page 1458 . . . . . Thursday, February 26, 2009

Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. FRANKYE C. HULL, GUARDIAN AD LITEM FOR KERSHAW COUNTY, FOR HER MANY YEARS OF OUTSTANDING COMMUNITY SERVICE, AND TO CONGRATULATE HER ON BEING NAMED G. F. BETTINESKI CHILD ADVOCATE OF THE YEAR, AN HONOR AWARDED ANNUALLY BY THE NATIONAL COURT APPOINTED SPECIAL ADVOCATE ASSOCIATION.

ADJOURNMENT

At 8:10 p.m. the House, in accordance with the motion of Rep. HERBKERSMAN, adjourned in memory of Yates Davis of Bluffton, to meet at 10:00 a.m. tomorrow.

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