South Carolina General Assembly
118th Session, 2009-2010
Legislation Introduced into the Senate

INTRODUCTION OF BILLS AND RESOLUTIONS

FOR FEBRUARY 11, 2009

S. 399 (Word version) -- Senator Fair: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE CAROLYN TALLEY PORTER ON THE OCCASION OF HER RETIREMENT AFTER A VERY DISTINGUISHED CAREER.
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The Senate Resolution was adopted.

S. 400 (Word version) -- Senator Coleman: A SENATE RESOLUTION CONGRATULATING TYLER THIGPEN, THE FIRST QUARTERBACK TO PLAY FOR THE COASTAL CAROLINA UNIVERSITY FOOTBALL TEAM, FOR HIS SUPERIOR CONTRIBUTION TO THAT TEAM, AND ON BECOMING A MEMBER OF THE KANSAS CITY CHIEFS OF THE NATIONAL FOOTBALL LEAGUE, AND GRANTING HIM BEST WISHES FOR EMINENT SUCCESS AND AN EXTENDED CAREER IN PROFESSIONAL FOOTBALL.
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The Senate Resolution was adopted.

S. 401 (Word version) -- Senator Peeler: A SENATE RESOLUTION JOINING PEOPLE FROM ACROSS THE NATION IN EXPRESSING THE COLLECTIVE JOY OF THE STATE OF SOUTH CAROLINA UPON THE SUCCESSFUL EMERGENCY LANDING OF U.S. AIRWAYS FLIGHT 1549 IN THE HUDSON RIVER ON JANUARY 15, 2009.
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The Senate Resolution was adopted.

S. 402 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON THE DEATH OF DR. J. M. BENNETT, JR. OF RIDGELAND AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 403 (Word version) -- Senators Leatherman and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE AT ASHBY ROAD AND McIVER ROAD IN THE TOWN OF QUINBY AS "T. ASHBY GREGG, SR. INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "T. ASHBY GREGG, SR. INTERCHANGE."
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 404 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-112-150 SO AS TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING MUST PROVIDE FREE TUITION TO TEACHERS AND ADMINISTRATORS EMPLOYED BY SCHOOL DISTRICTS IN THIS STATE IN ORDER THAT THEY MAY PURSUE GRADUATE DEGREES IN THE FIELDS OF EDUCATION AND SCHOOL ADMINISTRATION, AND TO DEFINE CERTAIN TERMS.
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Read the first time and referred to the Committee on Education.

S. 405 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, TO CLARIFY THAT A WATERCRAFT AND ITS MOTOR MAY NOT RECEIVE A FORTY-TWO AND 75/100 PERCENT EXEMPTION IF THE BOAT OR WATERCRAFT IS CLASSIFIED AS A PRIMARY OR SECONDARY RESIDENCE FOR PROPERTY TAX PURPOSES; TO AMEND SECTION 12-37-224, RELATING TO BOATS AS A PRIMARY OR SECONDARY RESIDENCE, TO PROVIDE THAT A BOAT OR WATERCRAFT THAT CONTAINS A COOKING AREA WITH AN ONBOARD POWER SOURCE, A TOILET WITH EXTERIOR EVACUATION, AND A SLEEPING QUARTER, SHALL BE CONSIDERED A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE; AND TO AMEND SECTION 12-37-714, RELATING TO BOATS WITH A SITUS IN THIS STATE, TO PROVIDE THAT UPON AN ORDINANCE PASSED BY THE LOCAL GOVERNING BODY, A COUNTY MAY SUBJECT A BOAT, INCLUDING ITS MOTOR IF THE MOTOR IS SEPARATELY TAXED, TO PROPERTY TAX IF IT IS WITHIN THIS STATE FOR NINETY DAYS IN THE AGGREGATE, REGARDLESS OF THE NUMBER OF CONSECUTIVE DAYS.
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Read the first time and referred to the Committee on Finance.

S. 406 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 40-60-35 OF THE 1976 CODE, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR ASSESSORS, TO REDUCE THE NUMBER OF HOURS OF INSTRUCTION EACH YEAR FOR ASSESSORS WITH AN ACTIVE LICENSE OR CERTIFICATION FROM NINE HOURS TO SEVEN HOURS, AND TO MAKE TECHNICAL CHANGES.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 407 (Word version) -- Senators Hayes and Cleary: A BILL TO AMEND ARTICLE 1, CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DONATION OF HUMAN BODIES, PARTS OF THE HUMAN BODY AND HUMAN TISSUE, SO AS TO CONFORM CROSS REFERENCES TO THE REVISED UNIFORM ANATOMICAL GIFT ACT, TO DELETE THE PROVISION STATING THAT A DONOR DESIGNATION ON A DRIVER'S LICENSE DOES NOT CONSTITUTE A GIFT UNDER THE UNIFORM ANATOMICAL GIFT ACT; TO AMEND ARTICLE 5, CHAPTER 43, TITLE 44, RELATING TO THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO CHANGE THE ACT NAME TO THE REVISED UNIFORM ANATOMICAL GIFT ACT, AND, AMONG OTHER THINGS, TO REVISE DEFINITIONS, DONOR ELIGIBILITY, DONATION AMENDMENT AND REVOCATION PROCEDURES, THE PRIORITY ORDER TO GIVE CONSENT, SUBSTITUTE DONOR PROCEDURES, DONEE QUALIFICATIONS, AND ALTERNATIVE DONEE PROCEDURES; TO ESTABLISH PROCEDURES FOR REFUSAL TO MAKE AN ANATOMICAL GIFT; TO REQUIRE CERTAIN LAW ENFORCEMENT, HOSPITAL PERSONNEL, AND ORGAN PROCUREMENT ORGANIZATIONS TO MAKE REASONABLE SEARCHES FOR DONOR INFORMATION AND DONOR REFUSAL INFORMATION; TO PROVIDE THAT A PHYSICIAN WHO ATTENDED A PERSON AT DEATH OR WHO DETERMINES THE TIME OF DEATH MAY NOT PARTICIPATE IN REMOVAL OR TRANSPLANTATION PROCEDURES; TO ESTABLISH CRIMINAL PENALTIES FOR SELLING OR PURCHASING ORGANS AND FOR OBTAINING FINANCIAL GAIN BY FALSIFYING OR DEFACING A DONATION DOCUMENT; TO ESTABLISH CRITERIA FOR THE VALIDITY OF AN ORGAN DONATION; TO ESTABLISH PROCEDURES TO RESOLVE ISSUES WHEN CERTAIN CONFLICTS EXIST BETWEEN A DECLARATION OF A ORGAN DONATION AND THE MEDICAL SUITABILITY OF THE ORGAN DONATION; TO REQUIRE CORONERS TO COOPERATE WITH PROCUREMENT ORGANIZATIONS TO MAXIMIZE THE OPPORTUNITY TO RECOVER ANATOMICAL GIFTS; AND TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44, RELATING TO HOSPITAL POLICY AND PROTOCOL FOR ORGAN AND TISSUE DONATION, SO AS TO REVISE DEFINITIONS AND PROCEDURES FOR CONTACTING PERSONS AUTHORIZED TO CONSENT TO ORGAN DONATION.
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Read the first time and referred to the Committee on Medical Affairs.

S. 408 (Word version) -- Senators Jackson, Anderson, Nicholson and Lourie: A BILL TO AMEND SECTION 56-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS THAT ARE DEEMED UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A DEALER TO OFFER FOR SALE, ADVERTISE FOR SALE, OR TRANSFER THE TITLE OF A VEHICLE WITH A BALANCE DUE TO A SECURED PARTY BEFORE PAYING OFF THE ENTIRE BALANCE AND SUBMITTING A NOTARIZED RECEIPT TO THE DEPARTMENT OF MOTOR VEHICLES; AND TO AMEND SECTION 56-15-320, AS AMENDED, RELATING TO THE APPLICATION FOR A LICENSE TO BECOME A MOTOR VEHICLE WHOLESALER OR DEALER, SO AS TO INCREASE THE AMOUNT OF THE SURETY BOND AN APPLICANT SHALL FURNISH TO THE DEPARTMENT OF MOTOR VEHICLES.
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Read the first time and referred to the Committee on Transportation.

S. 409 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF ASIAN CITRUS PYSLLID AS PLANT PEST AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 410 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4001, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 411 (Word version) -- Senators Thomas and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 22, TITLE 17 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE; TO AMEND SECTION 17-1-40, AS AMENDED, RELATING TO THE DESTRUCTION OF THE RECORDS OF CRIMINAL CHARGES THAT HAVE BEEN DISMISSED, SO AS TO PROVIDE THAT A PERSON WHO RETAINS CERTAIN TERMS CONTAINED IN A RECORD OF A CHARGE THAT HAS BEEN DISCHARGED OR DISMISSED IS IN CONTEMPT OF COURT; TO AUTHORIZE THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES; BY ADDING SECTION 17-1-45 SO AS TO PROVIDE THAT THE SOUTH CAROLINA COURT ADMINISTRATION SHALL INCLUDE ON ALL BOND PAPERWORK AND COURTESY SUMMONS A NOTICE THAT INFORMS A PERSON OF HIS RIGHT TO FILE AN APPLICATION TO HAVE A RECORD EXPUNGED; TO AMEND SECTION 22-5-920, RELATING TO A PERSON CONVICTED AS A YOUTHFUL OFFENDER, SO AS TO REVISE THE PERIOD OF TIME A PERSON CONVICTED AS A YOUTHFUL OFFENDER MUST WAIT BEFORE HE MAY APPLY TO HAVE HIS CRIMINAL RECORD EXPUNGED; TO AMEND SECTION 44-53-450, RELATING TO THE CONDITIONAL DISCHARGE OF A CONVICTION FOR CERTAIN ILLEGAL DRUG OFFENSES, SO AS TO REVISE THE AGE OF A PERSON WHO IS SUBJECT TO THE PROVISIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 412 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 56-19-290 OF THE 1976 CODE, RELATING TO THE CONTENTS OF A CERTIFICATE OF TITLE ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT THE TITLE AND BILL OF SALE FOR A MOBILE HOME MUST CONTAIN A STATEMENT ADVISING A PURCHASER OF A MOBILE HOME TO CONSULT WITH THE COUNTY ASSESSOR'S OFFICE TO DETERMINE IF THERE ARE BACK TAXES DUE ON THE MOBILE HOME, AND THE SELLER MUST CERTIFY, UNDER PENALTY OF PERJURY, THAT HE HAS MADE THE PURCHASER AWARE OF ANY TAXES THAT ARE DUE ON THE MOBILE HOME; AND TO AMEND CHAPTER 45, TITLE 12, RELATING TO THE COLLECTION OF TAXES, BY ADDING SECTION 12-45-440, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY BY RESOLUTION MAY WAIVE BACK TAXES DUE ON A MOBILE HOME, INCLUDING LATE PAYMENT PENALTIES, FOR PROPERTY TAX YEARS BEGINNING AFTER 2009.
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Read the first time and referred to the Committee on Finance.

S. 413 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 12-28-2920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION OF TOLL ROADS, SO AS TO REVISE THE METHOD OF DISBURSAL OF FUNDS DERIVED FROM TOLLS, TO PROVIDE FOR THE DISBURSAL OF FUNDS DERIVED FROM QUALIFIED TOLL PROJECTS, TO PROVIDE WHEN TOLLS COLLECTED FROM QUALIFIED TOLL PROJECTS SHALL CEASE, AND TO DEFINE THE TERM "QUALIFIED TOLL PROJECT"; AND TO AMEND SECTION 57-3-200, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S AUTHORITY TO ENTER INTO AGREEMENTS TO FINANCE, CONSTRUCT, AND MAINTAIN HIGHWAYS, ROADS, STREETS, AND BRIDGES, SO AS TO PROVIDE GUIDELINES FOR THE DEPARTMENT'S EXPENDITURE OF FUNDS ON QUALIFIED TOLL PROJECTS AND THE SETTING OF TOLLS ALONG TRANSPORTATION FACILITIES.
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Read the first time and referred to the Committee on Transportation.

S. 414 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE CARDINAL NEWMAN SCHOOL CHEERLEADING TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL CHEERLEADERS, COACHES, AND STAFF.
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The Senate Resolution was adopted.

H. 3338 (Word version) -- Reps. King and Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 5 IN YORK COUNTY FROM ITS INTERSECTION WITH CHERRY ROAD TO ITS INTERSECTION WITH HECKLE BOULEVARD "JUANITA GOGGINS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JUANITA GOGGINS HIGHWAY".
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On motion of Senator HAYES, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3349 (Word version) -- Reps. Barfield, Hearn, Viers and Hardwick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 501 IN HORRY COUNTY THAT RUNS THROUGH THE TOWN OF AYNOR THE "W. G. HUCKS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "W. G. HUCKS HIGHWAY".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3361 (Word version) -- Rep. H. B. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 34 IN FAIRFIELD COUNTY ALONG INTERSTATE HIGHWAY 77 THE "SENATOR JOHN A. MARTIN INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SENATOR JOHN A. MARTIN INTERCHANGE".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3364 (Word version) -- Reps. Merrill, Umphlett and Viers: A CONCURRENT RESOLUTION TO MEMORIALIZE BOTH THE PRESIDENT AND CONGRESS OF THE UNITED STATES TO REFRAIN FROM LOCATING OR RELOCATING IN SOUTH CAROLINA INDIVIDUALS WHOM THE FEDERAL GOVERNMENT HAS CLASSIFIED AS "ENEMY COMBATANTS" OR OTHER SIMILAR TERM USED TO DESCRIBE A FOREIGN NATIONAL WHO IS SUSPECTED OF COMMITTING, CONSPIRING TO COMMIT, OR ATTEMPTING TO COMMIT AN ACT OF TERROR ON UNITED STATES SOIL OR ABROAD.
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The Concurrent Resolution was introduced and referred to the General Committee.

H. 3473 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNION COUNTY CARNEGIE LIBRARY FOR BEING SELECTED THE LIBRARY JOURNAL BEST SMALL LIBRARY IN AMERICA 2009.
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The Concurrent Resolution was adopted, ordered returned to the House.

H. 3474 (Word version) -- Reps. Harrison, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 2009.
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On motion of Senator MCCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3477 (Word version) -- Reps. Neilson, Williams and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DARLINGTON HIGH SCHOOL "LADY FALCONS" SOFTBALL TEAM, OF DARLINGTON COUNTY, ON ITS OUTSTANDING SEASON AND IMPRESSIVE WIN OF THE 2008 CLASS AAA STATE CHAMPIONSHIP TITLE.
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The Concurrent Resolution was adopted, ordered returned to the House.

Last Updated: February 11, 2009 at 5:28 PM