South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives

Thursday, January 20, 2011
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Proverbs 3:23: "Then you will walk on your way securely and your foot will not stumble."

Let us pray. Lord God, lead these Representatives whom You have called to be leaders and doers of the work of the people. Guide them to walk in Your way and have their minds set on the objectives of this session. Protect them from making wrong decisions, and give them Your blessings from above. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor in these Halls of Government. Protect our defenders of freedom as they protect us. Heal the wounds of our warriors, those seen and those unseen. Hear us, O Lord, as we pray. Amen.

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

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

MOTION ADOPTED

Rep. HERBKERSMAN moved that when the House adjourns, it adjourn in memory of Martha Jane Hattaway Smith of Conway, mother of Representative Erickson, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., January 19, 2011
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 329, H. 4542, by a vote of 39 to 2:

H. 4542 (Word version) -- Reps. Harrison, Weeks and McLeod: A BILL TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO DELETE THE PROHIBITION OF THE RELEASE OF INFORMATION UNTIL FINAL DISPOSITION OF AN ETHICS INVESTIGATION AND REQUIRE THAT THE INFORMATION MAY NOT BE RELEASED UNTIL A FINDING OF PROBABLE CAUSE HAS BEEN MADE; AND TO AMEND SECTION 8-13-1372, AS AMENDED, RELATING TO THE AUTHORITY OF STATE ETHICS COMMISSION TO DETERMINE THAT ERRORS OR OMISSIONS ON CAMPAIGN REPORTS ARE INADVERTENT AND MAY BE HANDLED AS TECHNICAL VIOLATIONS, SO AS TO CHANGE REFERENCES OF THE STATE ETHICS COMMISSION TO THE APPROPRIATE SUPERVISORY OFFICE.

Very respectfully,
President
Received as information.

HOUSE RESOLUTION

The following was introduced:

H. 3380 (Word version) -- Rep. G. A. Brown: A HOUSE RESOLUTION TO RECOGNIZE "THE BLUES DOCTOR", MR. DRINK SMALL OF LEE COUNTY, UPON THE OCCASION OF HIS SEVENTY-EIGHTH BIRTHDAY, AND HONOR HIM FOR OVER A HALF CENTURY OF ENRICHING AND SIGNIFICANT CONTRIBUTIONS TO THE WORLD OF MUSIC.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3381 (Word version) -- Rep. Branham: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. JAMES H. HERLONG OF COLUMBIA FOR FORTY YEARS OF OUTSTANDING SERVICE AS A PRACTICING SURGEON, HOSPITAL LEADER, AND HEALTH CARE ADVOCATE, AND TO CONGRATULATE HIM FOR HIS UNTIRING EFFORTS TO ENHANCE THE QUALITY AND SAFETY OF CARE FOR PATIENTS IN HIS MIDST.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3382 (Word version) -- Reps. R. L. Brown, Bowers and Hodges: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 95 FROM ITS INTERSECTION WITH THE COLLETON/HAMPTON COUNTY LINE TO ITS INTERSECTION WITH THE COLLETON/DORCHESTER COUNTY LINE "TUSKEGEE AIRMEN MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "TUSKEGEE AIRMEN MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3383 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "DEBT COLLECTION AGENCY LICENSING ACT" BY ADDING CHAPTER 12 TO TITLE 37 SO AS TO ESTABLISH THE LICENSURE AND REGULATION OF DEBT COLLECTION AGENCIES BY THE DEPARTMENT OF CONSUMER AFFAIRS BY, AMONG OTHER THINGS, PROVIDING LICENSURE REQUIREMENTS, INCLUDING FEES, SURETY BONDS, AND RECORD KEEPING REQUIREMENTS, GROUNDS FOR DENIAL, REVOCATION, OR SUSPENSION OF A LICENSE, LICENSE RENEWAL PROCEDURES AND REQUIREMENTS, INCLUDING CONTINUING EDUCATION, DEBT COLLECTION PROCEDURES, AND CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry

H. 3384 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-485 SO AS TO DEFINE THE TERM "TRACKING DEVICE", CREATE THE OFFENSE OF UNLAWFUL TRACKING, TO PROVIDE A PENALTY, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary

H. 3385 (Word version) -- Reps. D. C. Moss, V. S. Moss, Harrison, Delleney, Gambrell, Harrell, Hiott, Hixon, Lucas and Norman: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS ON SUNDAYS AND ELECTION DAYS, SO AS TO INCLUDE CHRISTMAS DAY AND THANKSGIVING DAY IN THE PURVIEW OF THE STATUTE.
Referred to Committee on Judiciary

H. 3386 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-395 SO AS TO PROVIDE FOR ADDITIONAL FUNDING FOR PUBLIC KINDERGARTEN THROUGH TWELVE SCHOOLS FROM PROCEEDS OF A DESIGNATED LOTTERY GAME AND TO NAME THE GAME "THE K-12 GAME".
Referred to Committee on Ways and Means

H. 3387 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND SECTION 40-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF BARBERS, INCLUDING THE DEFINITION FOR "HAIR BRAIDING", SO AS TO PROVIDE THAT THIS TERM INCLUDES THE USE OF HAIR EXTENSIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3388 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-506 SO AS TO PROVIDE IT IS ILLEGAL FOR A PERSON ENGAGED IN THE BUSINESS OF SELLING TOBACCO PRODUCTS TO SHIP OR TRANSPORT CIGARETTES TO A PERSON IN THIS STATE WHO IS NOT A LAWFUL RECIPIENT, TO DEFINE A LAWFUL RECIPIENT, TO REQUIRE PROOF OF AGE BY A LAWFUL RECIPIENT, AND TO IMPOSE CIVIL PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary

H. 3389 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND SECTION 44-96-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION, DEMOLITION, AND LANDCLEARING LANDFILLS, SO AS TO PROVIDE A SPECIFIC MANNER FOR THE CONSTRUCTION OF THESE LANDFILLS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3390 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND SECTION 57-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONING A COURT TO ABANDON OR CLOSE A STREET, ROAD, OR HIGHWAY, SO AS TO PROVIDE THAT NOTICE OF INTENTION TO FILE A PETITION MUST BE POSTED ALONG THE STREET, ROAD, OR HIGHWAY SUBJECT TO THE APPROVAL OF THE LOCATION OF THE POSTING BY THE GOVERNMENTAL ENTITY RESPONSIBLE FOR MAINTENANCE OF THE STREET, ROAD, OR HIGHWAY.
Referred to Committee on Education and Public Works

H. 3391 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND SECTION 40-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, WHICH INCLUDES SUCCESSFULLY COMPLETING AN EXAMINATION, SO AS TO SPECIFY THAT THE EXAMINATION MUST ONLY COVER SOUTH CAROLINA LAW, REGULATIONS, AND OTHER STATE PROVISIONS AND THAT THE EXAMINATION MUST NOT INCLUDE A NATIONAL EXAMINATION; AND TO AMEND SECTION 40-35-45, RELATING TO THE REQUIREMENTS FOR ISSUANCE OF NURSING HOME ADMINISTRATOR LICENSES OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR LICENSES, SO AS TO DELETE THE PROVISION REQUIRING PASSAGE OF THE NATIONAL LICENSURE EXAMINATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3392 (Word version) -- Reps. Clemmons and Sellers: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED NOTICE FOR GENERAL, MUNICIPAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO CHANGE THE POSTED TIME AT WHICH ABSENTEE BALLOTS MAY BEGIN TO BE EXAMINED FROM 2:00 P.M. TO 9:00 A.M. AND TO REQUIRE NOTIFICATION OF THE DATE THE MAKE-UP ELECTION WILL BE HELD IN THE EVENT OF INCLEMENT WEATHER OR OTHER EMERGENCY; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE BY WHICH THE PARTY CHAIRMAN, VICE CHAIRMAN, OR SECRETARY MUST PROVIDE WRITTEN CERTIFICATION OF THE CANDIDATES' NAMES TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE DATE FROM APRIL NINTH TO APRIL FIFTH; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT IF THE GOVERNOR DECLARES A STATE OF EMERGENCY COVERING AN ENTIRE JURISDICTION HOLDING AN ELECTION, THE ELECTION MUST BE POSTPONED AND HELD ON THE NEXT TUESDAY; AND TO AMEND SECTION 7-13-350, AS AMENDED, RELATING TO THE CERTIFICATION OF CANDIDATES, SO AS TO CHANGE THE DATE BY WHICH CANDIDATES FOR PRESIDENT AND VICE PRESIDENT MUST BE CERTIFIED TO THE STATE ELECTION COMMISSION FROM SEPTEMBER TENTH TO THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN SEPTEMBER.
Referred to Committee on Judiciary

H. 3393 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 32-8-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY SERVE AS A DECEDENT'S AGENT TO AUTHORIZE CREMATION, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO IN ORDER OF PRIORITY MAY AUTHORIZE CREMATION.
Referred to Committee on Labor, Commerce and Industry

H. 3395 (Word version) -- Reps. Murphy, McCoy, Patrick, Brannon, Chumley, Thayer, Limehouse, Sottile, Crosby, Daning, Merrill, Pope and Tallon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MURDER, SO AS TO ADD AS AN AGGRAVATING CIRCUMSTANCE FOR WHICH THE DEATH PENALTY MAY BE IMPOSED FOR THE MURDER OF A FEDERAL, STATE, OR LOCAL ELECTED OR APPOINTED OFFICIAL DURING OR BECAUSE OF THE PERFORMANCE OF HIS OFFICIAL DUTIES AND INCLUDE A REFERENCE TO THIS AGGRAVATING CIRCUMSTANCE FOR THE PURPOSE OF INCLUDING FAMILY MEMBERS IN THE PURVIEW OF THE STATUTE.
Referred to Committee on Judiciary

H. 3396 (Word version) -- Reps. Lowe, Crawford, G. M. Smith, Clemmons, Loftis, G. R. Smith, Quinn, Bowen, Delleney, Harrell, Long and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-73 SO AS TO REQUIRE ELECTION COMMISSIONERS TO ATTEMPT TO APPOINT POLL MANAGERS WHO REPRESENT THE RACIAL AND GENDER COMPOSITION OF THE PRECINCT; AND BY ADDING SECTION 7-13-862 SO AS TO REQUIRE POLL MANAGERS TO ALLOW POLL WATCHERS TO SIT DIRECTLY BEHIND THE POLL MANAGERS RESPONSIBLE FOR VOTER IDENTIFICATION AND VERIFICATION.
Referred to Committee on Judiciary

H. 3397 (Word version) -- Reps. Lowe and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-674 SO AS TO DESIGNATE THE SOUTH CAROLINA PECAN FESTIVAL IN FLORENCE COUNTY AS THE OFFICIAL STATE PECAN FESTIVAL.
Referred to Committee on Invitations and Memorial Resolutions

H. 3398 (Word version) -- Reps. Pitts, Willis, Brannon, Patrick, Merrill and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-540 SO AS TO CREATE THE OFFENSE OF THEFT OF A FIREARM AND PROVIDE A PENALTY.
Referred to Committee on Judiciary

H. 3399 (Word version) -- Reps. Rutherford and Owens: A BILL TO AMEND JOINT RESOLUTION 263 OF 1998 RELATING TO THE GRANTING OF CONCURRENT FEDERAL LAW ENFORCEMENT JURISDICTION OVER THE NATIONAL ADVOCACY CENTER LOCATED ON THE COLUMBIA CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA IN RICHLAND COUNTY, SO AS TO EXTEND THAT CONCURRENT FEDERAL JURISDICTION TO ADJACENT FEDERALLY OCCUPIED PROPERTY AND TO THE INN AT USC AND THE KIRKLAND APARTMENT BUILDING LOCATED RESPECTIVELY AT 1619 PENDLETON STREET AND 1611 PENDLETON STREET IN THE CITY OF COLUMBIA, SOUTH CAROLINA AND TO DESIGNATE THE TEXT OF JOINT RESOLUTION 263 OF 1998, AS AMENDED BY THIS ACT, AS SECTION 3-3-350 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
On motion of Rep. RUTHERFORD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3400 (Word version) -- Rep. Weeks: A BILL TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT IN CERTAIN MATTERS, SO AS TO PROVIDE THAT A CHILD SUPPORT OBLIGATION AUTOMATICALLY TERMINATES WHEN THE CHILD TURNS EIGHTEEN OR GRADUATES FROM HIGH SCHOOL, WHICHEVER IS SOONER.
Referred to Committee on Judiciary

H. 3401 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE VALUATION ASSESSMENT RATIO FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ALLOW AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO IS ALLOWED THE FOUR PERCENT SPECIAL ASSESSMENT RATIO ON HIS PERSONAL RESIDENCE TO RETAIN THAT ASSESSMENT RATIO AND ANY APPLICABLE EXEMPTION EVEN IF PERMANENTLY ASSIGNED TO A DUTY STATION OUTSIDE OF THIS STATE THROUGH THE EARLIER OF THE RESIDENCE UNDERGOING AN ASSESSABLE TRANSFER OF INTEREST OR THE MEMBER LEAVING ACTIVE DUTY, TO PROVIDE THAT THE SPECIAL RATIO APPLIES WHETHER OR NOT THE RESIDENCE IS OCCUPIED OR UNOCCUPIED, AND TO PROVIDE THAT THE APPLICATION OF THE SPECIAL FOUR PERCENT ASSESSMENT RATIO ON AN OWNER-OCCUPIED LEGAL RESIDENCE SO ALLOWED MUST BE CONSTRUED AS A PROPERTY TAX EXEMPTION.
Referred to Committee on Ways and Means

H. 3402 (Word version) -- Reps. G. R. Smith, Hamilton and Nanney: A BILL TO AMEND SECTION 40-47-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL EXPERT WITNESSES, SO AS TO ENACT THE "MEDICAL MALPRACTICE EXPERT TESTIMONY ACT", AND TO PROVIDE AN INDIVIDUAL NOT LICENSED TO PRACTICE MEDICINE IN SOUTH CAROLINA WHO PROVIDES EXPERT MEDICAL WITNESS TESTIMONY IN AN ADMINISTRATIVE, CIVIL, OR CRIMINAL PROCEEDING IN THIS STATE MUST BE SUBJECT TO THE JURISDICTION OF THE BOARD OF MEDICAL EXAMINERS AS IF FULLY LICENSED AS A MEDICAL EXPERT WITNESS.
Referred to Committee on Judiciary

H. 3403 (Word version) -- Reps. Delleney, Simrill, Lucas, Hiott, Limehouse, Bowen, Bedingfield, Pinson, G. M. Smith, J. R. Smith, Bingham, Frye, V. S. Moss, Corbin, Bikas, Cooper, Allison, Branham, Parker, Toole, G. R. Smith, Henderson, Atwater, McCoy, Ballentine, Brannon, Clemmons, D. C. Moss, Hixon, Pitts and Young: 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 THE SPECIES HOMO SAPIENS WHO IS BORN ALIVE AND TO DEFINE "BORN ALIVE".
Referred to Committee on Judiciary

H. 3404 (Word version) -- Reps. Cooper, Horne and Allison: A JOINT RESOLUTION TO REVISE THE METHOD OF CALCULATING THE INDEX OF TAXPAYING ABILITY FOR PURPOSES OF THE EDUCATION FINANCE ACT (EFA) FOR FISCAL YEARS 2011-2012 AND 2012-2013 BY IMPUTING AN INDEX VALUE FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY ASSESSED AT FOUR PERCENT OF VALUE AND TO PROVIDE THAT FOR THOSE YEARS, THE INDEX OF TAXPAYING ABILITY FOR REAL PROPERTY ASSESSED AT SIX PERCENT MUST BE CALCULATED USING SALES RATIO DATA.
Referred to Committee on Ways and Means

H. 3405 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 23-31-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ELECTED AND APPOINTED PERSONS ALLOWED TO CARRY A CONCEALED WEAPON WHILE ON DUTY, SO AS TO INCLUDE ANY ELECTED OR APPOINTED PUBLIC OFFICIAL WHO DOES NOT ALREADY APPEAR ON THE LIST.
Referred to Committee on Judiciary

H. 3406 (Word version) -- Reps. Delleney, Simrill, Lucas, Hiott, Limehouse, Bowen, Bedingfield, Pinson, G. R. Smith, J. R. Smith, G. M. Smith, Toole, Hixon, Brannon, Bikas, Cooper, Frye, Bingham, Parker, Allison, Sottile, Henderson, McCoy, Atwater, Ballentine, Clemmons, Cole, D. C. Moss, Pitts and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-295 SO AS TO PROVIDE THAT PURSUANT TO FEDERAL LAW ALL QUALIFIED HEALTH PLANS OFFERED THROUGH THE STATE EXCHANGE ARE PROHIBITED FROM INCLUDING ELECTIVE ABORTION COVERAGE; TO PROVIDE THAT HEALTH INSURANCE PLANS AND POLICIES OFFERED OUTSIDE THE EXCHANGE MUST NOT PROVIDE COVERAGE FOR ELECTIVE ABORTIONS EXCEPT BY OPTIONAL SUPPLEMENTAL COVERAGE FOR ABORTION WHICH MUST BE PAID BY A SEPARATE PREMIUM; AND TO ESTABLISH THE PROCEDURES FOR PROVIDING ELECTIVE ABORTION COVERAGE
Referred to Committee on Ways and Means

H. 3407 (Word version) -- Reps. Herbkersman, Owens, Quinn, Simrill, Stringer, Bedingfield, Barfield, Bowen, Clemmons, Corbin, Delleney, Hamilton, Hardwick, Harrison, Henderson, Hixon, Limehouse, Loftis, Long, Lowe, McCoy, D. C. Moss, Murphy, Nanney, Patrick, Pitts, Ryan, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Taylor, Viers, Willis and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EDUCATIONAL OPPORTUNITY ACT" BY ADDING ARTICLE 6 TO CHAPTER 63, TITLE 59 SO AS TO PROVIDE THAT A QUALIFYING STUDENT IS ELIGIBLE TO RECEIVE A SCHOLARSHIP TO ATTEND AN INDEPENDENT SCHOOL IF HE MEETS CERTAIN CONDITIONS, AND TO PROVIDE THE VALUE OF THOSE SCHOLARSHIPS; TO ALLOW A TAX CREDIT TO BE TAKEN BY A PERSON WHO FILES STATE INCOME TAX FOR TUITION PAID FOR A QUALIFYING STUDENT TO ATTEND AN INDEPENDENT SCHOOL UPON CERTAIN CONDITIONS, TO PROVIDE THE VALUE OF THE TAX CREDIT, TO PROVIDE THAT THE TAX CREDIT MAY BE TAKEN IN FUTURE YEARS UPON CERTAIN CONDITIONS, TO REQUIRE A RECEIPT TO CLAIM THE TAX CREDIT, AND TO PROVIDE THAT A TAX CREDIT MAY NOT BE TAKEN IF THE STUDENT'S ENROLLMENT IN THE INDEPENDENT SCHOOL IS TERMINATED; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO CALCULATE THE SAVINGS TO THE STATE GENERAL FUND DERIVED FROM THE PROVISIONS OF THIS ARTICLE, TO PROVIDE THE MECHANISM FOR THAT CALCULATION, TO PROVIDE FOR TAX CREDITS TO BE TAKEN FOR TUITION PAID FOR OTHER STUDENTS TO ATTEND INDEPENDENT SCHOOLS, AND TO PROVIDE FOR THE TOTAL AND INDIVIDUAL AMOUNTS OF THOSE TAX CREDITS; TO PROVIDE FOR A TAX CREDIT FOR A PERSON WHO TEACHES A QUALIFYING STUDENT AT HOME, AND TO PROVIDE THAT THE TAX CREDIT MAY BE TAKEN IN FUTURE YEARS UPON CERTAIN CONDITIONS; TO ALLOW A CORPORATION OR PERSON TO CLAIM A CREDIT AGAINST STATE INCOME TAX OR FRANCHISE FEES FOR A CONTRIBUTION MADE TO A STUDENT SCHOLARSHIP ORGANIZATION; TO PROVIDE DUTIES FOR INDEPENDENT SCHOOLS AND STUDENT SCHOLARSHIP ORGANIZATIONS WITH REGARD TO THIS ARTICLE; TO PROVIDE TESTING REQUIREMENTS; TO ALLOW THE DEPARTMENT OF REVENUE TO PROMULGATE NECESSARY REGULATIONS AND TO CONDUCT NECESSARY EXAMINATIONS AND INVESTIGATIONS; TO PROVIDE REPORTING REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD AND THE LEGISLATIVE AUDIT COUNCIL; TO PROVIDE DUTIES OF THE EDUCATION OVERSIGHT COMMITTEE AND THE DEPARTMENT OF EDUCATION WITH REGARD TO THIS ARTICLE; TO PROVIDE THAT AN INDEPENDENT SCHOOL IS NOT AN AGENT OR ARM OF THE STATE OR FEDERAL GOVERNMENT WITH RESPECT TO THIS ARTICLE; TO PROVIDE THAT OTHER STATE AGENCIES MAY NOT REGULATE THE EDUCATIONAL PROGRAM OF AN INDEPENDENT SCHOOL; AND BY ADDING SECTION 12-6-3383 SO AS TO ALLOW AN INDIVIDUAL TO CLAIM AN INCOME TAX CREDIT PURSUANT TO THE PROVISIONS OF ARTICLE 6, CHAPTER 63, TITLE 59.
Referred to Committee on Ways and Means

H. 3408 (Word version) -- Reps. Delleney, Lucas, Simrill, Hiott, Limehouse, Bowen, Bedingfield, Pinson, J. R. Smith, G. M. Smith, Bingham, Thayer, V. S. Moss, Brannon, Bikas, Cooper, Allison, Toole, Parker, G. R. Smith, Frye, Atwater, Henderson, McCoy, Ballentine, Clemmons, Hixon, D. C. Moss, Pitts and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, TO CHAPTER 41, TITLE 44, TO ENACT THE "FREEDOM OF CONSCIENCE ACT" SO AS TO PROHIBIT AN EMPLOYER FROM DISMISSING, DEMOTING, SUSPENDING, DISCIPLINING, OR DISCRIMINATING AGAINST AN EMPLOYEE WHO ADVISES THE EMPLOYER THAT HE OR SHE REFUSES TO PARTICIPATE IN CERTAIN ACTIVITIES INCLUDING, BUT NOT LIMITED TO, PROCEDURES RELATED TO EMBRYONIC TISSUE OR A DEVELOPING CHILD IN AN ARTIFICIAL OR NATURAL WOMB; TO PROVIDE THAT A HEALTH CARE FACILITY IS NOT REQUIRED TO ADMIT A PATIENT, OR TO ALLOW THE USE OF THE FACILITY FOR PROCEDURES INCLUDING, BUT NOT LIMITED TO, PROCEDURES RELATED TO EMBRYONIC TISSUE OR A DEVELOPING CHILD IN AN ARTIFICIAL OR NATURAL WOMB AND TO PROVIDE THAT CERTAIN HEALTH CARE PROVIDERS AND EMPLOYEES OF SUCH PROVIDERS WHO PROVIDED NOTICE THAT THEY WILL NOT PARTICIPATE IN SUCH ACTIVITIES MUST NOT BE REQUIRED TO PARTICIPATE, MUST NOT BE DISCIPLINED DUE TO SUCH REFUSAL, AND ARE IMMUNE FROM LIABILITY FOR ANY DAMAGES CAUSED BY SUCH REFUSAL; TO PROVIDE THAT THE STATE MUST NOT REQUIRE AN INSURANCE PLAN OR ISSUER TO COVER PROCEDURES INCLUDING, BUT LIMITED TO, PROCEDURES RELATING TO EMBRYONIC TISSUE OR DEVELOPMENT OF A CHILD IN AN ARTIFICIAL OR NATURAL WOMB; TO PROHIBIT A HEALTH CARE FACILITY, SCHOOL, OR EMPLOYER FROM DISCRIMINATING AGAINST A PERSON REGARDING ADMISSION, HIRING OR FIRING, TERMS OF EMPLOYMENT, OR STUDENT OR STAFF STATUS BECAUSE THE PERSON REFUSES, WHETHER OR NOT IN WRITING, TO PARTICIPATE IN PROCEDURES INCLUDING, BUT NOT LIMITED TO, PROCEDURES RELATED TO EMBRYONIC TISSUE OR A DEVELOPING CHILD IN AN ARTIFICIAL OR NATURAL WOMB; TO PROVIDE THAT A PERSON MUST NOT BE REQUIRED TO PARTICIPATE IN, MAKE FACILITIES AVAILABLE FOR, OR PROVIDE PERSONNEL FOR PROCEDURES INCLUDING, BUT LIMITED TO, PROCEDURES RELATING TO EMBRYONIC TISSUE OR DEVELOPMENT OF A CHILD IN AN ARTIFICIAL OR NATURAL WOMB IF THE ACTIVITY IS CONTRARY TO THE PERSON'S CONSCIENCE; TO PROHIBIT DISCRIMINATION AGAINST A PERSON ESTABLISHING OR OPERATING A HEALTH CARE FACILITY BECAUSE THE FACILITY DECLINES TO PARTICIPATE IN A HEALTH CARE SERVICE THAT IS CONTRARY TO THE FACILITY'S CONSCIENCE; AND TO PROVIDE THAT A PERSON ADVERSELY AFFECTED BY CONDUCT THAT IS IN VIOLATION OF THIS ARTICLE MAY BRING A CIVIL ACTION FOR EQUITABLE RELIEF AND IF THE PERSON PREVAILS, THE COURT SHALL AWARD ATTORNEY'S FEES.
Referred to Committee on Judiciary

S. 321 (Word version) -- Senators O'Dell and Nicholson: A BILL TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 IN GREENWOOD COUNTY, SO AS TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.
Referred to Greenwood Delegation

HOUSE RESOLUTION

The following was introduced:

H. 3394 (Word version) -- Reps. Young, J. R. Smith, Clyburn and Taylor: A HOUSE RESOLUTION TO CONGRATULATE ROGER LEDUC, AIKEN CITY MANAGER, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS TWENTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF AIKEN, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3409 (Word version) -- Reps. Huggins, Atwater, Ballentine, Bingham, Frye, McLeod, Ott, Quinn, Spires and Toole: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR LEXINGTON MEDICAL CENTER ON THE OCCASION OF THE FORTIETH ANNIVERSARY OF ITS FOUNDING, AND TO EXPRESS DEEP GRATITUDE FOR THE SERVICE IT PROVIDES THE CITIZENS OF SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

S. 399 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE TWENTIETH ANNIVERSARY OF THE BROAD RIVER BASIN HISTORICAL SOCIETY IN YORK COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

S. 401 (Word version) -- Senators Sheheen, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JOHN M. SPRATT, JR., OF YORK COUNTY FOR HIS TWENTY-EIGHT YEARS OF COMMITTED SERVICE AS A MEMBER OF THE U.S. HOUSE OF REPRESENTATIVES, REPRESENTING SOUTH CAROLINA'S 5TH CONGRESSIONAL DISTRICT, AND TO WISH HIM ALL THE BEST IN THE YEARS TO COME.

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

ROLL CALL

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

Allen                  Allison                Anderson
Anthony                Atwater                Bales
Bannister              Barfield               Battle
Bikas                  Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                Brantley               G. A. Brown
R. L. Brown            Butler Garrick         Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Corbin
Crawford               Crosby                 Daning
Delleney               Dillard                Edge
Forrester              Frye                   Gambrell
Gilliard               Govan                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Hayes                  Hearn
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Huggins
Jefferson              King                   Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              McLeod                 Merrill
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. M. Neal
Neilson                Norman                 Ott
Owens                  Parker                 Parks
Patrick                Pinson                 Pitts
Pope                   Quinn                  Rutherford
Ryan                   Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Umphlett               Viers                  Weeks
White                  Whitmire               Williams
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 20.

Laurie Funderburk                 Ted Vick
Terry Alexander                   Jackson "Seth"  Whipper
Joseph Neal

Total Present--114

LEAVE OF ABSENCE

The SPEAKER granted Rep. ERICKSON a leave of absence for the day due to a death in the family.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. MUNNERLYN a leave of absence due to an economic development announcement in her district.

DOCTOR OF THE DAY

Announcement was made that Dr. John Evans of Greenville was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. ALLISON presented to the House the James F. Byrnes High School "Rebels" Varsity Football Team, the 2010 Class AAAA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. TOOLE presented to the House the Lexington Dixie Youth Baseball Team, the 2010 AAA World Series Champions, their coaches and other 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."

CO-SPONSOR ADDED

Bill Number:   H. 3023 (Word version)
Date:   ADD:
01/20/11   YOUNG

CO-SPONSORS ADDED

Bill Number:   H. 3095 (Word version)
Date:   ADD:
01/20/11   HIXON and J. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3241 (Word version)
Date:   ADD:
01/20/11   SIMRILL

CO-SPONSOR ADDED

Bill Number:   H. 3285 (Word version)
Date:   ADD:
01/20/11   VIERS

CO-SPONSORS ADDED

Bill Number:   H. 3327 (Word version)
Date:   ADD:
01/20/11   YOUNG and TAYLOR

CO-SPONSORS ADDED

Bill Number:   H. 3376 (Word version)
Date:   ADD:
01/20/11   MURPHY and ANDERSON

CO-SPONSOR ADDED

Bill Number:   H. 3002 (Word version)
Date:   ADD:
01/20/11   D. C. MOSS

CO-SPONSOR ADDED

Bill Number:   H. 3003 (Word version)
Date:   ADD:
01/20/11   D. C. MOSS

CO-SPONSOR ADDED

Bill Number:   H. 3091 (Word version)
Date:   ADD:
01/20/11   D. C. MOSS

CO-SPONSOR ADDED

Bill Number:   H. 3092 (Word version)
Date:   ADD:
01/20/11   D. C. MOSS

CO-SPONSOR ADDED

Bill Number:   H. 3183 (Word version)
Date:   ADD:
01/20/11   D. C. MOSS

CO-SPONSOR ADDED

Bill Number:   H. 3241 (Word version)
Date:   ADD:
01/20/11   D. C. MOSS

CO-SPONSOR ADDED

Bill Number:   H. 3292 (Word version)
Date:   ADD:
01/20/11   D. C. MOSS

CO-SPONSOR ADDED

Bill Number:   H. 3375 (Word version)
Date:   ADD:
01/20/11   HERBKERSMAN

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:

H. 3329 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, AND 12, 2011, BY THE STUDENTS OF DILLON SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

ORDERED TO THIRD READING

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3343 (Word version) -- Reps. Agnew and Gambrell: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, AND 12, 2011 BY THE STUDENTS OF ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3340 (Word version) -- Reps. Hiott, Gambrell, Skelton, Owens and Bikas: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, AND 12, 2011, BY THE STUDENTS OF THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3364 (Word version) -- Reps. Cooper, Agnew, Bowen, Gambrell, Thayer and White: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED DURING THE PERIOD OF JANUARY 10, 2011 THROUGH JANUARY 14, 2011, BY THE STUDENTS OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW OR INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3366 (Word version) -- Rep. Whitmire: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 12, 13, AND 14, 2011, BY THE STUDENTS OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3367 (Word version) -- Rep. D. C. Moss: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 10, 11, 12, AND 13, 2011, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 3343--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GAMBRELL, with unanimous consent, it was ordered that H. 3343 (Word version) be read the third time tomorrow.

H. 3340--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GAMBRELL, with unanimous consent, it was ordered that H. 3340 (Word version) be read the third time tomorrow.

H. 3364--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 3364 (Word version) be read the third time tomorrow.

H. 3366--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WHITMIRE, with unanimous consent, it was ordered that H. 3366 (Word version) be read the third time tomorrow.

H. 3367--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. D. C. MOSS, with unanimous consent, it was ordered that H. 3367 (Word version) be read the third time tomorrow.

H. 3003--POINT OF ORDER

The following Bill was taken up:

H. 3003 (Word version) -- Reps. Clemmons, Harrell, Lucas, Bingham, Harrison, Cooper, Owens, Sandifer, Allison, Ballentine, Bannister, Barfield, Bowen, Cole, Crawford, Daning, Delleney, Forrester, Frye, Gambrell, Hamilton, Hardwick, Hiott, Horne, Huggins, Limehouse, Loftis, Long, Lowe, Merrill, V. S. Moss, Norman, Parker, G. M. Smith, G. R. Smith, Sottile, Stringer, Toole, Umphlett, Viers, White, Crosby, Thayer, Simrill, Ryan, McCoy, Murphy, Atwater, Henderson, Quinn, Tallon, Patrick, J. R. Smith, Hixon, Taylor, Young, Bedingfield, Corbin, Pitts, Chumley, Spires, Pope, Bikas, Pinson and D. C. Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-3-70 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO CREATE A LIST CONTAINING ALL REGISTERED VOTERS WHO ARE QUALIFIED TO VOTE, BUT DO NOT HAVE A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES AS OF JANUARY 1, 2013, AND TO REQUIRE THE DEPARTMENT TO FURNISH A LIST OF PERSONS WITH A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT AT NO CHARGE TO THE COMMISSION; BY ADDING SECTION 7-5-675 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO IMPLEMENT A SYSTEM IN ORDER TO ISSUE VOTER REGISTRATION CARDS WITH A PHOTOGRAPH OF THE ELECTOR; TO REQUIRE THE STATE ELECTION COMMISSION TO ESTABLISH AN AGGRESSIVE VOTER EDUCATION PROGRAM CONCERNING THE PROVISIONS OF THIS ACT; TO AMEND SECTION 7-1-25, RELATING TO THE DEFINITION OF "DOMICILE", SO AS TO PROVIDE FACTORS TO CONSIDER IN DETERMINING A PERSON'S INTENTION REGARDING HIS DOMICILE; TO AMEND SECTION 7-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN IN A MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTING IN A GENERAL ELECTION; TO AMEND SECTION 7-5-125, RELATING TO THE ISSUANCE OF A WRITTEN NOTIFICATION OF REGISTRATION TO VOTE, SO AS TO PROVIDE FOR THE ISSUANCE OF A DUPLICATE NOTIFICATION IF THE ELECTOR TO WHOM IT WAS ORIGINALLY ISSUED LOSES OR DEFACES IT; TO AMEND SECTION 7-5-230, AS AMENDED, RELATING TO THE BOARDS OF REGISTRATION BEING THE JUDGES OF THE LEGAL QUALIFICATIONS OF ALL APPLICANTS FOR REGISTRATION, SO AS TO ADD A REFERENCE TO SECTION 7-1-25 AND DELETE CERTAIN CRITERIA USED WHEN CONSIDERING A CHALLENGE REGARDING THE RESIDENCE OF AN ELECTOR; TO AMEND SECTION 7-13-710, AS AMENDED, RELATING TO THE PRESENTATION OF A PERSON'S PROOF OF HIS RIGHT TO VOTE, SO AS TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PROVIDING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED AND PROVIDE FOR CERTAIN EXCEPTIONS, 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; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE REFERENCES TO AN AUTHORIZED REPRESENTATIVE REQUESTING AN APPLICATION FOR A QUALIFIED ELECTOR; TO AMEND SECTION 7-15-385, AS AMENDED, RELATING TO THE MARKING AND RETURNING OF THE ABSENTEE BALLOT, SO AS TO REQUIRE THE BOARD OF REGISTRATION TO RECORD, INSTEAD OF NOTE, CERTAIN PROCEDURES REGARDING THE RETURN OF THE ABSENTEE BALLOT; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 7-15-470 RELATING TO THE PROHIBITION OF VOTING ON A VOTING MACHINE FOR IN-PERSON ABSENTEE VOTING.

POINT OF ORDER

Rep. WEEKS 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. 3285--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3285 (Word version) -- Reps. Ballentine, Young and Viers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 22A SO AS TO REQUIRE CERTAIN BILLS AND JOINT RESOLUTIONS TO RECEIVE A RECORDED ROLL CALL VOTE AT VARIOUS STAGES OF THEIR PASSAGE BY THE HOUSE OF REPRESENTATIVES AND THE SENATE.

POINT OF ORDER

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

H. 3348--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3348 (Word version) -- Reps. Lucas, J. M. Neal, Long and Delleney: A JOINT RESOLUTION TO PROHIBIT THE RECEIPT, STORAGE, CONSOLIDATION, TREATMENT, PROCESSING, AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE, HAZARDOUS WASTE, INFECTIOUS WASTE, AND SOLID WASTE BY THE STATE OR ANY SUBDIVISION OF THE STATE BEGINNING JULY 1, 2011, AND TO PROVIDE EXCEPTIONS IF THE STATE OR ONE OF ITS POLITICAL SUBDIVISIONS HAS A RECIPROCAL AGREEMENT WITH ANOTHER STATE OR AN OUT-OF-STATE REGION OR ENTITY OR IF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE IS A MEMBER OF A COMPACT THAT AUTHORIZES THE RECEIPT, STORAGE, CONSOLIDATION, TREATMENT, PROCESSING, OR DISPOSAL OF ANY SUCH WASTE.

POINT OF ORDER

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

H. 3192--POINT OF ORDER

The following Bill was taken up:

H. 3192 (Word version) -- Reps. Merrill and Horne: A BILL TO AMEND SECTION 6-1-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM IMPACT FEES AUTHORIZED TO BE LEVIED UNDER THE SOUTH CAROLINA DEVELOPMENT IMPACT FEE ACT, SO AS TO EXEMPT FROM THE IMPACT FEE CONSTRUCTION OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL FACILITY, OR REPLACING, RENOVATING, OR REPAIRING AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL FACILITY, DESIGNED AND USED PRIMARILY FOR THE INSTRUCTION OF STUDENTS, AND TO MAKE THESE PROVISIONS RETROACTIVE TO JULY 1, 2008.

POINT OF ORDER

Rep. PITTS 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. 3378--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. HARDWICK, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

H. 3378 (Word version) -- Rep. Crawford: A BILL TO AMEND ARTICLE 3, CHAPTER 31, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF TUBERCULOSIS PATIENTS, SO AS TO PROVIDE FOR AN EMERGENCY ORDER ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR AN ORDER ISSUED BY THE PROBATE COURT FOR THE DETENTION, EXAMINATION, ISOLATION, AND TREATMENT OF A PERSON WITH TUBERCULOSIS WHO POSES A RISK TO THE PUBLIC; TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH AN EMERGENCY ORDER MAY BE ISSUED AND THE SCOPE OF AN EMERGENCY ORDER; TO PROVIDE REVIEW AND APPEAL PROCEDURES FOR AN EMERGENCY ORDER; TO AUTHORIZE THE COURT TO WAIVE NOTICE REQUIREMENTS UNDER CERTAIN CIRCUMSTANCES; TO PROHIBIT STAYING A COMMITMENT ORDER PENDING APPEAL; TO PROVIDE THAT INVOLUNTARY EXAMINATION OF A PERSON WITH SUSPECTED TUBERCULOSIS IS NOT COMPULSORY TREATMENT; AND TO DELETE PROVISIONS PERTAINING TO THE ESTABLISHMENT OF TUBERCULOSIS FACILITIES AT THE STATE PARK HEALTH CENTER AND THAT THE ENFORCEMENT OF THIS ARTICLE IS CONTINGENT UPON THE AVAILABILITY OF FACILITIES FOR HOSPITALIZATION.

REGULATION NO. 4154--RECALLED AND REFERRED TO COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. HOWARD, with unanimous consent, Regulation No. 4154 was ordered recalled from Committee on Medical, Military, Public and Municipal Affairs and was referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

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

ADJOURNMENT

At 11:10 a.m. the House, in accordance with the motion of Rep. HERBKERSMAN, adjourned in memory of Martha Jane Hattaway Smith of Conway, mother of Representative Erickson, to meet at 10:00 a.m. tomorrow.

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