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


Printed Page 2126 . . . . . Tuesday, April 5, 2011

Tuesday, April 5, 2011
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 51:6: "You desire truth in the inward being; therefore teach me wisdom in my secret heart."
Let us pray. Almighty God, grant these Representatives and staff wisdom, courage, strength, and integrity as they continue to serve the people of this State. Let them know that it is Your hand that leads them in the decisions they make. Provide for them every needful thing to do their work. Look in favor upon our Nation, President, State, Governor, Speaker, staff and all who serve in these Halls of Government. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those unseen. Hear us, O Lord. Amen.

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

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

MOTION ADOPTED

Rep. H. B. BROWN moved that when the House adjourns, it adjourn in memory of Charles "Chuck" McKinney, husband of former Clerk of the House Sandra McKinney, which was agreed to.

SILENT PRAYER

The House stood in silent prayer in memory of the Reverend Martin Luther King, Jr.

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 4141
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-11-10, 50-11-96, 50-11-105, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-520, 50-11-530, 50-11-854, 50-11-2200 and 50-11-2210


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Seasons, Limits, Methods of Take and Special Use Restrictions on Wildlife Management Areas; Turkey Hunting Rules and Seasons
Received by Speaker of the House of Representatives January 11, 2011
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2011
Revised: May 12, 2011

Document No. 4135
Agency: Department of Archives and History
Statutory Authority: 1976 Code Sections 4-9-195 and 5-21-140
Rehabilitation of Designated Historic Buildings
Received by Speaker of the House of Representatives January 11, 2011
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2011
Revised May 12, 2011

HOUSE RESOLUTION

The following was introduced:

H. 4025 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JERRY SULLIVAN FOR TWENTY-SIX YEARS OF SERVICE AS A SCHOOL BUSINESS OFFICIAL, AND TO CONGRATULATE HIM FOR BEING NAMED THE 2011 OUTSTANDING SOUTH CAROLINA SCHOOL BUSINESS OFFICIAL.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4027 (Word version) -- Reps. Huggins, Ballentine, Quinn, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey,


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Howard, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR COACH PHIL SAVITZ OF IRMO HIGH SCHOOL FOR HIS OUTSTANDING CAREER AS BOTH COACH AND EDUCATOR, AND TO CONGRATULATE HIM ON BEING INDUCTED INTO THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION HALL OF FAME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4028 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, 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. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR THE AUCTIONEERS OF SOUTH CAROLINA, TO COMMEND THEM ON THE IMPORTANT SERVICES THEY PROVIDE TO THE CITIZENS OF THIS GREAT STATE, AND TO JOIN WITH


Printed Page 2129 . . . . . Tuesday, April 5, 2011

OUR SISTER STATES IN RECOGNIZING SATURDAY, APRIL 16, 2011, AS "NATIONAL AUCTIONEERS DAY".

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4023 (Word version) -- Rep. Gambrell: A CONCURRENT RESOLUTION TO HONOR JOY CRAFT, FOUNDER OF WEBBCRAFT FAMILY FOUNDATION, AND JERRY CRAFT, ITS EXECUTIVE DIRECTOR, FOR THEIR OUTSTANDING WORK AS BENEFACTORS TO THE BELTON AND HONEA PATH COMMUNITIES THROUGH WEBBCRAFT FAMILY FOUNDATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4024 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION AT LONGTOWN ROAD AND CLEMSON ROAD IN RICHLAND COUNTY IN MEMORY OF DAVID DUPRE AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "DAVID DUPRE INTERSECTION".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4029 (Word version) -- Reps. Huggins, Ballentine, Quinn, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge,


Printed Page 2130 . . . . . Tuesday, April 5, 2011

Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE AIR FORCE JUNIOR ROTC PROGRAM OF IRMO HIGH SCHOOL, AND TO CONGRATULATE THE CADETS, INSTRUCTORS, AND SCHOOL OFFICIALS FOR BEING NAMED THE 2011 OUTSTANDING AIR FORCE JUNIOR ROTC PROGRAM IN THE STATE OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 748 (Word version) -- Judiciary Committee: A CONCURRENT RESOLUTION TO APPROVE THE AMENDMENTS TO THE RULES OF PROCEDURE OF THE SOUTH CAROLINA ADMINISTRATIVE LAW COURT, AS PROMULGATED BY THE ADMINISTRATIVE LAW COURT AND SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO THE PROVISIONS OF SECTION 1-23-650 OF THE 1976 CODE AND SECTION 4A, ARTICLE V OF THE CONSTITUTION OF THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 749 (Word version) -- Judiciary Committee: A CONCURRENT RESOLUTION TO APPROVE THE AMENDMENTS TO RULE 219 OF THE


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SOUTH CAROLINA APPELLATE COURT RULES, AS PROMULGATED BY THE SOUTH CAROLINA SUPREME COURT AND SUBMITTED TO THE GENERAL ASSEMBLY PURSUANT TO THE PROVISIONS OF SECTION 4A, ARTICLE V OF THE CONSTITUTION OF THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 761 (Word version) -- Senator L. Martin: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE EASLEY COMBINED UTILITIES FOR PROVIDING SERVICE TO THE COMMUNITY FOR ONE HUNDRED YEARS.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4026 (Word version) -- Reps. Gilliard, Clyburn, Hosey, Limehouse, Mack and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE DEFINITIONS FOR THE TERM "CHILD", TO PROVIDE THAT IT IS UNLAWFUL FOR THE OPERATOR OR AN ADULT PASSENGER OF A MOTOR VEHICLE TO LEAVE THE MOTOR VEHICLE WHEN A CHILD IS LEFT UNATTENDED, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS SECTION.
Referred to Committee on Judiciary

ROLL CALL

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

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Battle

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Bedingfield            Bikas                  Bingham
Bowen                  Bowers                 Brady
Branham                Brannon                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Chumley                Clyburn
Cobb-Hunter            Cole                   Cooper
Crawford               Crosby                 Daning
Delleney               Dillard                Erickson
Forrester              Frye                   Gambrell
Gilliard               Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Jefferson              King
Loftis                 Lowe                   Lucas
Mack                   McCoy                  McEachern
McLeod                 Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Ryan                   Sabb
Sandifer               Sellers                Simrill
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Toole
Vick                   Viers                  Weeks
White                  Whitmire               Williams
Young

STATEMENT OF ATTENDANCE

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

David Tribble, Jr.                Chris Hart
Tracy Edge                        Patsy Knight
Richard "Rick" Quinn              Jackson "Seth" Whipper

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Alan D. Clemmons                  Jerry Govan
Anne Parks                        Tom Corbin

Total Present--116

LEAVE OF ABSENCE

The SPEAKER granted Rep. LONG a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SKELTON a leave of absence for the day due to a prior speaking engagement.

LEAVE OF ABSENCE

The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FUNDERBURK a leave of absence due to a prior engagement in Washington, D.C.

LEAVE OF ABSENCE

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

ACTING SPEAKER BEDINGFIELD IN CHAIR

DOCTOR OF THE DAY

Announcement was made that Dr. Louie Costa of Charleston was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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


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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-SPONSORS ADDED

Bill Number:   H. 3035 (Word version)
Date:   ADD:
04/05/11   LUCAS, NORMAN, OWENS, PATRICK, HERBKERSMAN, CROSBY, BRADY, ALLISON and MERRILL

CO-SPONSORS ADDED

Bill Number:   H. 3051 (Word version)
Date:   ADD:
04/05/11   LUCAS, NORMAN, YOUNG, TAYLOR, OWENS, PATRICK, DANING, CROSBY, BRADY, ALLISON, MERRILL, QUINN and TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3292 (Word version)
Date:   ADD:
04/05/11   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3527 (Word version)
Date:   ADD:
04/05/11   BIKAS

CO-SPONSORS ADDED

Bill Number:   H. 3529 (Word version)
Date:   ADD:
04/05/11   BRADY and BUTLER GARRICK

CO-SPONSOR ADDED

Bill Number:   H. 3930 (Word version)
Date:   ADD:
04/05/11   HAYES


Printed Page 2135 . . . . . Tuesday, April 5, 2011

CO-SPONSORS ADDED

Bill Number:   H. 3934 (Word version)
Date:   ADD:
04/05/11   BUTLER GARRICK and J. E. SMITH

CO-SPONSORS ADDED

Bill Number:   H. 3247 (Word version)
Date:   ADD:
04/05/11   ERICKSON and PATRICK

CO-SPONSOR ADDED

Bill Number:   H. 4006 (Word version)
Date:   ADD:
04/05/11   GAMBRELL

CO-SPONSOR REMOVED

Bill Number:   H. 4008 (Word version)
Date:   REMOVE:
04/05/11   HUGGINS

CO-SPONSOR REMOVED

Bill Number:   H. 3993 (Word version)
Date:   REMOVE:
04/05/11   CLYBURN

SPEAKER IN CHAIR

S. 584--DEBATE ADJOURNED

Rep. SPIRES moved to adjourn debate upon the following Bill until Wednesday, April 6, which was adopted:

S. 584 (Word version) -- Senators Knotts, Setzler, Courson, Cromer and Leatherman: A BILL TO EXTEND THE ONE CENT SALES TAX IMPOSED BY ACT 378 OF 2004, THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, FOR AN ADDITIONAL SEVEN YEARS.


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ORDERED TO THIRD READING

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

S. 721 (Word version) -- Senator Massey: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT THE TRUSTEES SHALL RECEIVE COMPENSATION AGREED UPON BY THE BOARD.

H. 3788--DEBATE ADJOURNED

Rep. HERBKERSMAN moved to adjourn debate upon the following Bill until Thursday, April 7, which was adopted:

H. 3788 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 70 TO TITLE 12 SO AS TO ENACT THE "HERITAGE GOLF PRESERVATION ACT".

H. 3013--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3013 (Word version) -- Reps. Cooper, Ballentine, Allison, G. R. Smith, Hamilton and Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1125 SO AS TO PROVIDE THAT A LOCAL SCHOOL DISTRICT IS EXEMPT FROM STATE STATUTES AND REGULATIONS PROMULGATED BY THE STATE BOARD UPON MEETING CERTAIN CONDITIONS, TO REQUIRE THE DISTRICT TO APPLY TO THE STATE BOARD FOR EXEMPTION FROM SPECIFIC STATUTES AND REGULATIONS, TO SPECIFY WHAT THE APPLICATION MUST INCLUDE, TO SPECIFY HOW THE APPLICATION MUST BE MADE, TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND PROMULGATE REGULATIONS REGARDING APPLICATION PROCEDURES, TO PROVIDE THAT A LOCAL SCHOOL DISTRICT THAT RECEIVES AN EXEMPTION MUST BE EVALUATED BY THE STATE BOARD AFTER THREE YEARS TO ENSURE THAT IT CONTINUES TO MEET THE NEEDS OF THE STUDENTS OF THE DISTRICT, AND TO PROVIDE FOR SUSPENSION OF THE EXEMPTION UPON CERTAIN


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CONDITIONS; AND TO REPEAL SECTIONS 59-18-1110 AND 59-18-1120, BOTH RELATING TO EXEMPTION FROM REGULATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\AGM\18965BH11), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Chapter 23, Title 59 of the 1976 Code is amended by adding:

"Section 59-23-260.   The facilities of any public or nonprofit private college, university, or technical college, which comply with applicable state, county, and local fire codes, may be used without modification for secondary school students in joint or cooperative programs, which include, but are not limited to, middle or early college programs and dual enrollment programs." /
Renumber sections to conform.
Amend title to conform.

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

Rep. ERICKSON proposed the following Amendment No. 2 (COUNCIL\AGM\18979BH11), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 59-18-1125(A), as contained on pages 1-2, and inserting:
/   (A)   A local school district board of trustees of this State is exempt from state statutes and regulations promulgated by the State Board of Education as provided in this section. A school district seeking exemption from specific statutes and regulations shall apply to the State Board of Education. The application must include the specific statute or regulation of which the district seeks exemption, the duration of the desired exemption, specific justification for the exemption, and an evaluation component designed to document the success of the exemption, including provisions for suspension of the exemption should the evaluation denote lack of success. Submission of the application must be made to the State Board of Education by the chair of the district board of trustees, the superintendent of the district, and the principals of the affected schools, as appropriate. An application submitted pursuant to the provisions of this section must be


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approved by the State Board of Education, but in no case may the board grant exemption from state statute or regulation for four year old education programs. The State Board of Education shall adopt rules and promulgate regulations regarding application procedures to include procedures for renewal and suspension of an exemption. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3259--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3259 (Word version) -- Reps. Herbkersman and Forrester: A BILL TO AMEND SECTION 56-3-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT WHEN A GOLF CART OWNER'S RESIDENCE IS LOCATED WITHIN A GATED COMMUNITY THE TWO-MILE LIMIT WITHIN WHICH A GOLF CART OWNER MAY OPERATE HIS GOLF CART MUST BE MEASURED FROM THE COMMUNITY'S PRIMARY ENTRANCE AND NOT FROM THE OWNER'S RESIDENCE, TO PROVIDE FOR THE OPERATION OF A GOLF CART ALONG A SECONDARY HIGHWAY OR STREET ON CERTAIN SEA ISLANDS, TO PROVIDE A DEFINITION FOR THE TERM "GATED COMMUNITY", AND TO PROVIDE THAT A GOLF CART MAY CROSS CERTAIN SECONDARY HIGHWAYS.

The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\SWB\5167CM11), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-3-115 of the 1976 Code is amended to read:

"Section 56-3-115.   (A)   The owner of a vehicle commonly known as a golf cart, if he has a valid driver's license, may obtain a permit from the Department of Motor Vehicles upon the payment of a fee of


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five dollars and proof of financial responsibility which permits his agent, employees, or him to:

(1)   operate the golf cart on a secondary highway or street within two miles of his residence or place of business during daylight hours only. When the owner's residence is located within a gated community the two-mile limit must be measured from the community's entrances; and

(2)   cross a primary highway or street while traveling along a secondary highway or street within two miles of his residence or place of business during daylight hours only; and

(3)   operate a golf cart along a secondary highway or street on a sea island whose total area is greater than eight square miles, but less than ten square miles.

(B)   As contained in this section, 'gated community' means any homeowners' community with at least one controlled access ingress and egress which includes the presence of a guard house, a mechanical barrier, or another method of controlled conveyance."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3124--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3124 (Word version) -- Reps. Pitts and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLES 108, 109, 110, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 123, AND 124 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "DISTINGUISHED SERVICE MEDAL" SPECIAL LICENSE PLATES, "SECOND AMENDMENT" SPECIAL LICENSE PLATES, "DISTINGUISHED SERVICE CROSS" SPECIAL LICENSE PLATES, "DEPARTMENT OF NAVY" SPECIAL LICENSE PLATES, "PARENTS AND SPOUSES OF ACTIVE DUTY OVERSEAS VETERANS" SPECIAL LICENSE


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PLATES, "STATE FLAG" SPECIAL LICENSE PLATES, "SOUTH CAROLINA HIGHWAY PATROL-RETIRED" LICENSE PLATES, "I SUPPORT LIBRARIES" SPECIAL LICENSE PLATES, "SOUTH CAROLINA EDUCATOR" SPECIAL LICENSE PLATES, "COON HUNTERS" LICENSE PLATES, "BEACH MUSIC" SPECIAL LICENSE PLATES, "CITADEL ALUMNI ASSOCIATION 'BIG RED'" SPECIAL LICENSE PLATES, "LARGE MOUTH BASS" SPECIAL LICENSE PLATES, "HIGH SCHOOL" SPECIAL LICENSE PLATES, "SOUTH CAROLINA WILDLIFE FEDERATION" SPECIAL LICENSE PLATES AND "HISTORIC" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-7330, RELATING TO THE ISSUANCE OF "BOY SCOUTS OF AMERICA" SPECIAL LICENSE PLATES, SO AS TO MAKE TECHNICAL CHANGES AND TO PROVIDE FOR THE ISSUANCE OF "EAGLE SCOUTS OF AMERICA" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-2150, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO CERTAIN CURRENT AND FORMER ELECTED OFFICIALS AND JUDICIAL OFFICERS, SO AS TO INCREASE THE NUMBER OF SPECIAL LICENSE PLATES THAT A CORONER MAY BE ISSUED FROM ONE TO TWO; TO AMEND SECTION 56-3-1240, AS AMENDED, RELATING TO THE DISPLAY OF A LICENSE PLATE, SO AS TO PROVIDE THAT A FRAME MAY BE PLACED ON A LICENSE PLATE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-3-10410, RELATING TO THE ISSUANCE OF "VETERAN" SPECIAL LICENSE PLATES, SO AS TO PROVIDE FOR THE PLACEMENT OF THE WHEELCHAIR SYMBOL ON CERTAIN "VETERAN" LICENSE PLATES; TO AMEND SECTION 56-3-3310, AS AMENDED, RELATING TO THE ISSUANCE OF "PURPLE HEART" SPECIAL LICENSE PLATES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PERSON FROM ONE TO THREE AND TO PROVIDE A FEE FOR THE THIRD LICENSE PLATE; TO AMEND SECTION 56-3-8000, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES THAT CONTAIN THE EMBLEM OF A TAX EXEMPT ORGANIZATION, SO AS TO SPECIFY THEIR SIZE, GENERAL DESIGN, PERIOD OF VALIDITY, TO REVISE THEIR COSTS AND DISTRIBUTION OF FEES COLLECTED FROM THEIR SALE, TO REVISE THE MINIMUM NUMBER OF PREPAID APPLICATIONS AND MINIMUM PAYMENT THAT


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THE DEPARTMENT OF MOTOR VEHICLES MUST RECEIVE BEFORE A SPECIAL LICENSE PLATE MAY BE ISSUED, AND TO PROVIDE THAT THE ORGANIZATION MUST GIVE ITS LEGAL AUTHORITY TO THE DEPARTMENT FOR THE DEPARTMENT'S USE OF THE ORGANIZATION'S LOGO, TRADE MARK, OR DESIGN; AND TO AMEND SECTION 56-3-8100, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES CREATED BY THE GENERAL ASSEMBLY SO AS TO REVISE THE MINIMUM NUMBER OF PREPAID APPLICATIONS AND MINIMUM PAYMENT THAT THE DEPARTMENT OF MOTOR VEHICLES MUST RECEIVE BEFORE A SPECIAL LICENSE PLATE MAY BE ISSUED AND TO REVISE THEIR COSTS AND DISTRIBUTION OF FEES COLLECTED FROM THEIR SALES.

The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\SWB\5169CM11), which was adopted:
Amend the bill, as and if amended, Section 56-3-12430, as contained in SECTION 3, page 4, by deleting / Section 56-3-2240 / on line 31 and inserting / Section 56-3-12240 /
Amend the bill further, by adding the following appropriately numbered SECTION:
/ SECTION   __. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 108

University of South Carolina Gamecocks 2010 NCAA College World Series Baseball National Championship Special License Plate
Section 56-3-12010.   (A)   The Department of Motor Vehicles may issue special license plated honoring the University of South Carolina Gamecocks 2010 NCAA College World Series Baseball National Championship to owners of private passenger carrying motor vehicles as defined in Section 56-3-630, and motorcycles as defined in Section 56-3-20, registered in their names. The fee for each special license plate is seventy-five dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.


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(B)   The fees collected pursuant to this section above the cost of producing the license plates must be distributed to the University of South Carolina Alumni Association.

(C)   The guidelines for the production, collection and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100." /
Renumber sections to conform.
Amend title to conform.

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

Rep. DANING explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 97; Nays 7

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bikas
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
Brantley               G. A. Brown            H. B. Brown
Butler Garrick         Chumley                Clyburn
Cobb-Hunter            Cole                   Cooper
Corbin                 Crosby                 Daning
Delleney               Edge                   Erickson
Forrester              Frye                   Gambrell
Gilliard               Hamilton               Hardwick
Harrell                Harrison               Hart
Hayes                  Hearn                  Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Jefferson
King                   Knight                 Lowe
Lucas                  Mack                   McCoy
McEachern              Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 J. H. Neal             J. M. Neal
Neilson                Norman                 Ott

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Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Rutherford             Sabb
Sandifer               Sellers                Simrill
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Toole                  Weeks
Whipper                White                  Whitmire
Young

Total--97

Those who voted in the negative are:

Bedingfield            Henderson              Loftis
McLeod                 Nanney                 Ryan
Viers

Total--7

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

H. 3431--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3431 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "JOHN'S LAW" BY ADDING SECTION 57-1-80 SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO PUBLISH ITS LIST OF RAILROAD CROSSINGS AT WHICH IT PLANS TO INSTALL CROSSING ARMS, PLACE TRAFFIC STOP SIGNS AT DANGEROUS CROSSING LOCATIONS UNTIL CROSSING ARMS ARE INSTALLED, AND INCREASE THE NUMBER OF INSTALLATIONS OF CROSSING ARMS AT DANGEROUS RAILROAD CROSSINGS THROUGHOUT THE STATE.

The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\SWB\5168CM11), which was adopted:
Amend the bill, as and if amended, SECTION 2, as contained on page 2, by deleting lines 12 through 26 and inserting:


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/ Section 57-1-80.   The Department of Transportation shall publish on its website the list of all public railroad crossings. The department also shall publish on its website the list of railroad crossings programmed for upgrades and designate it on its website 'John's Law'. Contingent upon the receipt of additional funds for the installation of public railroad signals and gates, the department is directed to increase the number of installations of railroad signals, crossing arms, or both utilizing all funds available for this type of work at dangerous railroad crossings throughout the State. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3731--DEBATE ADJOURNED

The following Bill was taken up:

H. 3731 (Word version) -- Reps. Owens, Brantley, Daning, Brannon, Atwater, Patrick, Erickson, Bowen, R. L. Brown, Crosby, Long, Taylor and Willis: A BILL TO AMEND SECTION 56-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM AND COST OF A PROFESSIONAL HOUSEMOVING LICENSE, SO AS TO REVISE THE ANNUAL RENEWAL FEE; AND TO AMEND SECTION 57-3-130, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S SPECIAL PERMITS THAT AUTHORIZE A PERSON TO OPERATE OR MOVE A VEHICLE THAT EXCEEDS A CERTAIN SIZE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY DETERMINE THE MAXIMUM SPEEDS AT WHICH PERMITTED LOADS MAY OPERATE, TO PROVIDE THAT FOR A LOAD TRAVELING UNDER POLICE ESCORT, THE ESCORT OFFICER MAY EXERCISE DISCRETION WHEN TEMPORARILY MOVING OUT OF THE TRAVELED WAY, AND TO PROVIDE AN ADDITIONAL IMPACT FEE FOR LOADS THAT EXCEED FIVE HUNDRED THOUSAND POUNDS.

Rep. DANING explained the Bill.


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Rep. TOOLE moved to adjourn debate on the Bill until Wednesday, April 6, which was agreed to.

H. 3994--DEBATE ADJOURNED

Rep. STAVRINAKIS moved to adjourn debate upon the following Bill until Wednesday, April 6, which was adopted:

H. 3994 (Word version) -- Reps. Stavrinakis and McCoy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-245 SO AS TO PROVIDE THAT PUBLIC SWIMMING POOLS OPERATED BY THE STATE, OR A POLITICAL SUBDIVISION OF THE STATE, MUST HAVE ONE LIFEGUARD FOR EVERY FORTY SWIMMERS AND IF THERE ARE MORE THAN FORTY SWIMMERS, THERE MUST BE ONE LIFEGUARD FOR EVERY TWENTY SWIMMERS, WITH MORE TO BE ADDED IF NEEDED.

S. 295--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. SANDIFER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

S. 295 (Word version) -- Senators Hutto, Fair, Jackson, Rankin and Ford: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA SUMMER CAMP STUDY COMMITTEE TO STUDY THE SUMMER CAMPS IN THE STATE AND MAKE RECOMMENDATIONS TO THE LEGISLATURE RELATED TO LICENSING AND REGULATION OF SUMMER CAMPS, PROVIDE FOR THE MEMBERSHIP AND METHOD OF APPOINTMENT FOR THE MEMBERSHIP, PROVIDE FOR THE DUTIES OF THE STUDY COMMITTEE, PROVIDE FOR THE STAFFING OF THE STUDY COMMITTEE, AND TO DISSOLVE THE STUDY COMMITTEE AFTER A REPORT OF ITS FINDINGS IS PROVIDED TO THE LEGISLATURE AND THE GOVERNOR.


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H. 3663--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. COOPER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:

H. 3663 (Word version) -- Reps. Cooper, Harrell, Ott, Bingham, Allison, Owens and Anthony: A JOINT RESOLUTION TO SUSPEND THE REQUIREMENT THAT THE DEPARTMENT OF EDUCATION PROVIDE PRINTED COPIES OF 2011 DISTRICT AND SCHOOL REPORT CARDS; TO REQUIRE A SCHOOL DISTRICT OR SCHOOL WITHIN THE DISTRICT TO PROVIDE PARENTS WITH A LINK TO THE REPORT CARDS VIA EMAIL OR OTHER COMMUNICATION METHODS UPON CERTAIN CONDITIONS; TO REQUIRE THE DEPARTMENT TO SUSPEND WRITING ASSESSMENTS FOR CERTAIN GRADES, AND TO PROVIDE THAT WRITING ASSESSMENTS MAY NOT BE USED IN GROWTH CALCULATIONS; TO SUSPEND THE REQUIREMENT THAT SCHOOLS ADVERTISE THE DISTRICT AND SCHOOL 2011 REPORT CARD, BUT TO REQUIRE RESULTS TO BE PROVIDED TO AN AREA NEWSPAPER OF GENERAL CIRCULATION; TO ALLOW HIGH SCHOOLS TO OFFER STATE-FUNDED WORKKEY ASSESSMENTS TO CERTAIN STUDENTS; TO PROVIDE FOR A ONE-YEAR GRACE PERIOD FOR CERTAIN RECIPIENTS OF A SOUTH CAROLINA TEACHER LOAN, AND TO REQUIRE THE SOUTH CAROLINA STUDENT LOAN CORPORATION TO DEVELOP FORMS AND PROCEDURES TO IMPLEMENT THE GRACE PERIOD; TO DIRECT SAVINGS FROM CERTAIN PROVISIONS OF THIS ACT; AND TO REQUIRE THE DEPARTMENT TO CONVENE A TASK FORCE TO CONSIDER END-OF-COURSE ASSESSMENTS FOR FEDERAL ASSESSMENT PURPOSES.

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall H. 3536 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. FORRESTER objected.


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H. 3165--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. HUGGINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

H. 3165 (Word version) -- Rep. Huggins: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL TO ESTABLISH PENALTIES FOR VIOLATIONS OF ITS RULES AND REGULATIONS.

H. 3003--DEBATE ADJOURNED

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

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, D. C. Moss, Erickson, Willis, Brady, Herbkersman, Nanney, Brannon and Whitmire: A BILL RELATING TO REFORM OF THE SOUTH CAROLINA ELECTION LAWS BY ENACTING THE "SOUTH CAROLINA ELECTION REFORM ACT"; TO AMEND SECTION 7-13-710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PERMITTING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED, AND TO PROVIDE AN EXCEPTION FOR A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED; TO AMEND SECTION 7-5-125, SO AS TO PROVIDE THAT AN ELECTOR MAY OBTAIN A DUPLICATE REGISTRATION NOTIFICATION; TO AMEND SECTION 56-1-3350, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST FOR PERSONS AGED SEVENTEEN YEARS OR OLDER; TO AMEND SECTION 7-13-25, SO AS TO PROVIDE FOR


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AN EARLY VOTING PERIOD BEGINNING FIFTEEN DAYS BEFORE A STATEWIDE PRIMARY OR GENERAL ELECTION AND TO PROVIDE FOR THE HOURS AND EARLY VOTING LOCATION; TO AMEND SECTION 7-3-20, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE ELECTIONS COMMISSION TO MAINTAIN IN THE MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTERS IN A GENERAL ELECTION; TO AMEND SECTION 7-15-320, SO AS TO REFERENCE THE EARLY VOTING PERIOD PURSUANT TO SECTION 7-13-25 AND TO PROVIDE FOR CASTING OF AN ABSENTEE BALLOT BY PAPER OR BY A VOTING MACHINE AND ABSENTEE BALLOT CENTERS; TO AMEND SECTION 7-1-25, SO AS TO LIST FACTORS TO CONSIDER FOR DOMICILE; TO ADD SECTION 7-5-675, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION WILL IMPLEMENT A SYSTEM TO ISSUE VOTER REGISTRATION CARDS WITH A PHOTOGRAPH OF THE VOTER; TO PROVIDE FOR A VOTER EDUCATION PROGRAM CONCERNING THE REQUIREMENTS OF THIS BILL; AND TO AMEND SECTIONS 7-15-330, 7-15-385, AND 7-5-230, ALL RELATING TO ELECTION LAWS, SO AS TO MAKE TECHNICAL CHANGES.

Rep. CLEMMONS moved to adjourn debate upon the Senate Amendments until Wednesday, April 6, which was agreed to.

H. 3374--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3374 (Word version) -- Reps. Hixon, D. C. Moss, Frye, Ott, J. R. Smith, Atwater, Tallon, Brannon, Thayer, McCoy, Corbin, Crosby, Murphy, V. S. Moss, Pinson, G. R. Smith, Chumley, Butler Garrick, Clemmons, Clyburn, Govan, Hardwick, Munnerlyn, Pitts, Pope, Ryan, Taylor, Young, Vick and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 50 SO AS TO ENACT THE "INTERSTATE WILDLIFE VIOLATOR COMPACT", TO PROVIDE THAT THE GOVERNOR SHALL EXECUTE THE COMPACT WITH OTHER COMPACT STATES, AND TO PROVIDE THAT THE CHAIRMAN OF THE


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BOARD OF THE DEPARTMENT OF NATURAL RESOURCES SHALL APPOINT THE COMPACT ADMINISTRATOR FOR THIS STATE.

Rep. HARDWICK explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 1

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Cooper
Corbin                 Crawford               Crosby
Daning                 Delleney               Dillard
Edge                   Erickson               Forrester
Frye                   Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Jefferson              King
Loftis                 Lowe                   Lucas
McCoy                  McEachern              McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sabb                   Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile

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Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Vick                   Viers
Weeks                  White                  Whitmire
Young

Total--106

Those who voted in the negative are:
Norman

Total--1

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3562--MOTION TO RECONSIDER TABLED AND SENT TO THE SENATE

The motion of Rep. LOWE to reconsider the vote whereby the following Bill was given second reading was taken up :

H. 3562 (Word version) -- Reps. Ott, Hardwick, Brady, Spires, Butler Garrick, Vick, Jefferson, McEachern, Munnerlyn, Knight, Sabb, Gambrell, Anderson, Hiott, Hodges, Dillard, Allen, Battle, Hosey, Weeks and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 50 SO AS TO ENACT "CHANDLER'S LAW" SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES INCLUDING MINIMUM AGE REQUIREMENTS FOR THE OPERATION OF ALL-TERRAIN VEHICLES, SAFETY COURSE COMPLETION REQUIREMENTS, SAFETY EQUIPMENT REQUIREMENTS, AND PASSENGER RIDING REQUIREMENTS, TO PROVIDE FOR THE ENFORCEMENT OF THE PROVISIONS CONTAINED IN THIS CHAPTER, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND BY ADDING ARTICLE 9 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

Rep. HIOTT moved to table the motion to reconsider.


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

Yeas 66; Nays 42

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Bowen
Bowers                 Brady                  Branham
Brantley               G. A. Brown            R. L. Brown
Butler Garrick         Clemmons               Clyburn
Cobb-Hunter            Crosby                 Dillard
Gambrell               Gilliard               Govan
Hardwick               Harrell                Harrison
Hart                   Hayes                  Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Huggins
Jefferson              King                   Mack
McEachern              McLeod                 Mitchell
V. S. Moss             Munnerlyn              J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parker                 Parks
Pinson                 Pope                   Rutherford
Sabb                   Sandifer               Sellers
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Vick
Weeks                  Whipper                Whitmire

Total--66

Those who voted in the negative are:

Allison                Bedingfield            Bikas
Bingham                Brannon                Chumley
Cole                   Cooper                 Corbin
Crawford               Daning                 Delleney
Edge                   Erickson               Forrester
Frye                   Hamilton               Henderson
Herbkersman            Loftis                 Lowe
Lucas                  McCoy                  Merrill
D. C. Moss             Nanney                 Norman
Patrick                Pitts                  Quinn

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Ryan                   Simrill                G. M. Smith
G. R. Smith            Stringer               Tallon
Taylor                 Thayer                 Toole
Viers                  White                  Young

Total--42

So, the motion to reconsider was tabled.

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

S. 434--ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was taken up:

S. 434 (Word version) -- Senators Peeler, Bryant, Bright and Campsen: A JOINT RESOLUTION TO SUSPEND PROVISOS 21.11, 21.15, AND 21.20 OF PART IB, ACT 291 OF 2010, THE FISCAL YEAR 2010-2011 GENERAL APPROPRIATIONS BILL, AND TO SUSPEND A PORTION OF PROVISO 89.87 PROHIBITING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FROM REDUCING PROVIDER RATES.

Rep. J. E. SMITH spoke in favor of the Joint Resolution.

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            Bikas
Bingham                Bowen                  Brady
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Delleney               Edge                   Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Loftis
Lucas                  McCoy                  Merrill

Printed Page 2153 . . . . . Tuesday, April 5, 2011

D. C. Moss             V. S. Moss             Murphy
Nanney                 Norman                 Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Toole                  Viers
White                  Whitmire               Young

Total--63

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bowers                 Branham                Brannon
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Gilliard
Govan                  Hart                   Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper

Total--44

So, the Joint Resolution was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 434--MOTION TO RECONSIDER TABLED

Rep. COOPER moved to reconsider the vote whereby the following Joint Resolution was read third time and enrolled for ratification:

S. 434 (Word version) -- Senators Peeler, Bryant, Bright and Campsen: A JOINT RESOLUTION TO SUSPEND PROVISOS 21.11, 21.15, AND 21.20


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OF PART IB, ACT 291 OF 2010, THE FISCAL YEAR 2010-2011 GENERAL APPROPRIATIONS BILL, AND TO SUSPEND A PORTION OF PROVISO 89.87 PROHIBITING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FROM REDUCING PROVIDER RATES.

Rep. COOPER moved to table the motion to reconsider.

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

Yeas 55; Nays 37

Those who voted in the affirmative are:

Ballentine             Bedingfield            Bikas
Bingham                Brady                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Delleney
Edge                   Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hearn
Henderson              Herbkersman            Hiott
Horne                  Huggins                Loftis
Lucas                  McCoy                  Merrill
D. C. Moss             V. S. Moss             Murphy
Nanney                 Norman                 Parker
Patrick                Pinson                 Pope
Quinn                  Ryan                   Sandifer
Simrill                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Viers                  White                  Whitmire
Young

Total--55

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Bowers
Branham                Brantley               H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Gilliard

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Govan                  Hart                   Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Mack
McEachern              McLeod                 Mitchell
J. H. Neal             Neilson                Ott
Parks                  Rutherford             Sabb
Sellers                Vick                   Weeks
Whipper

Total--37

So, the motion to reconsider was tabled.

STATEMENT FOR THE JOURNAL

Had I been present on Tuesday, April 5, 2011, I would have voted in favor of S. 434.

Rep. Chip Limehouse

Rep. CHUMLEY 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. 4020 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, 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. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams,


Printed Page 2156 . . . . . Tuesday, April 5, 2011

Willis and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GARY GILMORE, COASTAL CAROLINA UNIVERSITY HEAD BASEBALL COACH, ON BEING RECOGNIZED AS ONE OF THE BEST NON-BCS CONFERENCE BASEBALL COACHES IN AMERICA.

H. 4023 (Word version) -- Rep. Gambrell: A CONCURRENT RESOLUTION TO HONOR JOY CRAFT, FOUNDER OF WEBBCRAFT FAMILY FOUNDATION, AND JERRY CRAFT, ITS EXECUTIVE DIRECTOR, FOR THEIR OUTSTANDING WORK AS BENEFACTORS TO THE BELTON AND HONEA PATH COMMUNITIES THROUGH WEBBCRAFT FAMILY FOUNDATION.

H. 4029 (Word version) -- Reps. Huggins, Ballentine, Quinn, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE AIR FORCE JUNIOR ROTC PROGRAM OF IRMO HIGH SCHOOL, AND TO CONGRATULATE THE CADETS, INSTRUCTORS, AND SCHOOL OFFICIALS FOR BEING NAMED THE 2011 OUTSTANDING AIR FORCE JUNIOR ROTC PROGRAM IN THE STATE OF SOUTH CAROLINA.


Printed Page 2157 . . . . . Tuesday, April 5, 2011

ADJOURNMENT

At 1:17 p.m. the House, in accordance with the motion of Rep. H. B. BROWN, adjourned in memory of Charles "Chuck" McKinney, husband of former Clerk of the House Sandra McKinney, to meet at 10:00 a.m. tomorrow.

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This web page was last updated on Wednesday, November 23, 2011 at 1:50 P.M.