South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives

Tuesday, April 18, 2006
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Proverbs 16:16: "How much better to get wisdom than gold, to choose understanding rather than silver."
Let us pray. Lord God, You have called Your servants in this House to ventures of which we cannot see the ending, by paths as yet untrodden, through perils unknown. Give each one faith to go on with good courage, knowing Your hand is leading and Your love is supporting us. Grant each Your grace to persevere in this great task. Bless our Nation, President, State, Governor, Speaker and all leaders. Protect our defenders of freedom as they protect us. In Your name 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. E. H. PITTS moved that when the House adjourns, it adjourn in memory of Mrs. Vance Myers of Lexington, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 12, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1264:

S. 1264 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER BOARD, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2006, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 ON JULY 1, 2006, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE AS SUPERVISOR AND FISCAL AGENT OF THE SCHOOL UNDER THE DIRECTION OF THE SUPERINTENDENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 12, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators O'Dell, Hutto and Verdin of the Committee of Conference on the part of the Senate on H. 3841:

H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W. D. Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.

Very respectfully,
President
Received as information.

INVITATIONS

On motion of Rep. HAMILTON, with unanimous consent, the following were taken up for immediate consideration and accepted:

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the State Farm Insurance Companies of South Carolina, the Members and staff of the South Carolina House of Representatives are invited to a "State Farm Day at the Capitol" luncheon. This event will be held on Tuesday, May 2, 2006, from 12:30 p.m. until 2:00 p.m. on the State House Grounds.
Sincerely,
Adam Taylor
State Farm Insurance Companies

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the YMCA's of SC, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 3, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Robert A. Knight

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Governor's School for Science and Mathematics Foundation, the Members of the South Carolina House of Representatives are invited to the 14th Annual Townes Award Dinner. This event will be held on Wednesday, May 3, 2006, beginning at 6:00 p.m. at the Columbia Metropolitan Convention Center.
Sincerely,
Kim Bowman           Ashley Newton
Executive Director       Director of Development

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Chapter of the American Planning Association, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 4, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Tripp Muldrow
President

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Speech Language and Hearing Association, the Members and staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, May 11, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building. We will also be conducting free hearing screenings from 8:00 a.m. until 10:30 a.m. in Room 215 of the Blatt Building.
Sincerely,
M. Anita Parker
VP for Governmental Affairs

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Manufacturers Alliance the Members of the South Carolina House of Representatives are invited to a luncheon. This event will be held on Wednesday, May 17, 2006, at 12:30 p.m. at the Summit Club.
Sincerely,
Lewis F. Gossett
President

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Association of Certified Public Accountants, the Members of the South Carolina House of Representatives are invited to a reception. This event will be held on Wednesday, May 17, 2006, from 6:00 p.m. until 7:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Erin P. Hardwick
Executive Director

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Mechanical Contractors Association of SC, the Members and staff of the South Carolina House of Representatives are invited to a "Year-End Statewide Rally and Barbeque." This event will be held on Wednesday, May 17, 2006, from 7:00 p.m. until 9:00 p.m. at The Coop, located at 1100 Key Road.
Sincerely,
Mona Lisa Flowers
Managing Director

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Chapters of Alpha Kappa Alpha Sorority, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 17, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sheila McMillan
SC AKA Connection Co-Chair

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of BlueCross BlueShield of SC, the Members, staff and family of the South Carolina House of Representatives are invited to the "13th Annual Legislative Softball Game and Picnic." This event will be held on Tuesday, May 16, 2006, beginning at 6:00 p.m. at Capital City Stadium.
Sincerely,
M. Edward Sellers
Chairman, President & CEO

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of Piedmont Natural Gas and Duke Power, the Members and staff of the South Carolina House of Representatives are invited to a hot dog cookout and ice cream social. This event will be held on Wednesday, May 3, 2006, from 12:00 noon until 2:00 p.m. on the State House grounds.
Sincerely,
Mike Forrester
VP, SC Operations

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Conservation Community, the Members of the South Carolina House of Representatives are invited to the "Conservation Lobby Day" oyster roast. This event will be held on Tuesday, May 2, 2006, from 6:00 p.m. until 9:00 p.m. at the Seibels House.
Sincerely,
Christie McGregor
SC Coastal Conservation League

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 3021
Agency: Department of Social Services
Statutory Authority: 2005-2006 Appropriations Act, H. 3716, Part 1B, Provisos Section 13.27
Penalties for Noncompliance in Regulated Child Care Settings
Received by Speaker of the House of Representatives
April 13, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration March 20, 2007

Document No. 3022
Agency: Department of Social Services
Statutory Authority: H.3716, 2005-2006 Appropriations Act, Part IB, Section 13.27
Licensing of Residential Group Care Organizations for Children
Received by Speaker of the House of Representatives
April 13, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration March 20, 2007

Document No. 3060
Agency: Department of Consumer Affairs
Statutory Authority: 1976 Code Section 40-68-20
Professional Employer Organizations
Received by Speaker of the House of Representatives
April 13, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration March 20, 2007

HOUSE RESOLUTION

The following was introduced:

H. 5002 (Word version) -- Reps. Rhoad and Hosey: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ESSIE MOORE CARROLL OF BAMBERG COUNTY, FOR HER MANY YEARS OF OUTSTANDING LEADERSHIP AND DEDICATED SERVICE TO DENMARK TECHNICAL COLLEGE AND TO THE EDUCATION OF THE CITIZENS OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5003 (Word version) -- Reps. Hosey and Rhoad: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CLARENCE V. LEBBY, SR., OF BARNWELL COUNTY FOR HIS MANY YEARS OF OUTSTANDING LEADERSHIP AND DEDICATED SERVICE TO DENMARK TECHNICAL COLLEGE AND TO THE EDUCATION OF THE CITIZENS OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 5004 (Word version) -- Reps. Rutherford, J. E. Smith, Harrison, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND UNIVERSITY OFFICIALS OF THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM TO RECOGNIZE THEM FOR WINNING COLLEGE BASKETBALL'S NATIONAL INVITATIONAL TOURNAMENT, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, extend the privilege of the floor to the players, coaches, and university officials of the University of South Carolina Men's Basketball Team to recognize them for winning college basketball's National Invitational Tournament, on a date and at a time to be determined by the Speaker.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5005 (Word version) -- Rep. Altman: A HOUSE RESOLUTION TO CONGRATULATE THE CLASS OF 1956 OF THE UNIVERSITY OF SOUTH CAROLINA AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE MEMBERS OF THIS OUTSTANDING CLASS FOR THEIR CONTRIBUTIONS TO THEIR COMMUNITIES, STATE, NATION, AND WORLD.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5006 (Word version) -- Reps. W. D. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF MRS. VANCE MYERS OF LEXINGTON COUNTY AND TO CONVEY THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5007 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE REVEREND JAMES E. MASSEY OF ANDERSON COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO THE LIVES OF HIS CONGREGANTS AND CHURCH COMMUNITY UPON THE SEVEN YEAR ANNIVERSARY OF HIS LEADERSHIP OF HOLLY SPRINGS BAPTIST CHURCH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5008 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JEAN BELCHER OF BARNWELL COUNTY FOR BEING NAMED 2006 SOUTH CAROLINA MOTHER OF THE YEAR, AND TO CONGRATULATE HER FOR REARING FOUR INTELLIGENT CHILDREN WHO CONTINUE TO SUCCEED PROFESSIONALLY IN THEIR RESPECTIVE FIELDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5009 (Word version) -- Rep. M. A. Pitts: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF FALLEN LAW ENFORCEMENT OFFICER DEPUTY JOSEPH SCOTT QUARLES OF LAURENS COUNTY FOR HIS DEDICATION TO SERVING AND PROTECTING THE PEOPLE OF SOUTH CAROLINA, AND TO CELEBRATE THE ENTHUSIASM AND PROFESSIONALISM HE BROUGHT TO THE HIGH CALLING OF A CAREER IN LAW ENFORCEMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5010 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF ISHAM NATHANIEL "I.N." RIZER OF COLLETON COUNTY, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

HOUSE RESOLUTION

The following was introduced:

H. 5011 (Word version) -- Rep. Altman: A HOUSE RESOLUTION TO EXPRESS THE SENTIMENT OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA THAT THE EVER INCREASING PRICES OF GASOLINE AND OIL PRODUCTS MAY CONSTITUTE UNFAIR OR UNLAWFUL PRICE GOUGING OR PRICE-FIXING AND TO REQUEST THE ATTORNEY GENERAL OF THIS STATE TO INVESTIGATE WHETHER OR NOT VIOLATIONS OF LAW HAVE OCCURRED.
The House Resolution was ordered placed on the calendar.

CONCURRENT RESOLUTION

The following was introduced:

H. 5012 (Word version) -- Rep. M. A. Pitts: A CONCURRENT RESOLUTION TO COMMEND THE NATIONAL WILD TURKEY FEDERATION ON ITS DILIGENT EFFORTS TO THE CONSERVATION OF THE WILD TURKEY AND THE PRESERVATION OF OUR NATION'S HUNTING TRADITION, AND TO RECOGNIZE THE NUMEROUS PROGRAMS THAT SUPPORT THE FEDERATION'S MISSION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1329 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REVEREND DR. SAMUEL B. MARSHALL OF DORCHESTER COUNTY FOR HIS DEVOTION TO HIS FAITH, CAREER, AND COMMUNITY AND TO WISH HIM THE BEST IN ALL FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 5013 (Word version) -- Reps. Thompson, G. M. Smith and Viers: A JOINT RESOLUTION TO PROVIDE THAT FOR A PERIOD OF TWO YEARS AFTER THE EFFECTIVE DATE OF THIS JOINT RESOLUTION, A MEMBER OF THE SENATE OR THE HOUSE OF REPRESENTATIVES MAY NOT INTRODUCE LEGISLATION, NOR MAY EITHER BODY OF THE GENERAL ASSEMBLY CONSIDER LEGISLATION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A NEW SPECIAL MOTOR VEHICLE LICENSE PLATE.
Rep. THOMPSON asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. LIMEHOUSE objected.
Referred to Committee on Education and Public Works

S. 807 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO PROVIDE PROCEDURES FOR RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.
Referred to Committee on Labor, Commerce and Industry

S. 1200 (Word version) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY TO 2005 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.
Referred to Committee on Education and Public Works

S. 1209 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 64 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

S. 1349 (Word version) -- Senators Richardson and Pinckney: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.
Referred to Beaufort Delegation

ROLL CALL

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

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Emory                  Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hodges
Howard                 Huggins                Jefferson
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  White                  Whitmire
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 18.

G. Murrell Smith                  Fletcher Smith
William Bowers                    Douglas Jennings
David Mack                        Tracy Edge
Jerry Govan                       Jeffrey D. Duncan
Lonnie Hosey                      Karl Allen
Bill Cotty                        Jackson "Seth"  Whipper
Michael A. Pitts                  Ralph Norman

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. HIOTT a leave of absence for the week due to illness in the family.

DOCTOR OF THE DAY

Announcement was made that Dr. William Gerard of Chapin is 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 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. 3132 (Word version)
Date:   ADD:
04/18/06   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 3977 (Word version)
Date:   ADD:
04/18/06   COATES

CO-SPONSOR ADDED

Bill Number:   H. 4534 (Word version)
Date:   ADD:
04/18/06   PERRY

CO-SPONSOR ADDED

Bill Number:   H. 4840 (Word version)
Date:   ADD:
04/18/06   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 4840 (Word version)
Date:   ADD:
04/18/06   BRADY

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
04/18/06   CHALK

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
04/18/06   HERBKERSMAN

CO-SPONSOR ADDED

Bill Number:   H. 4938 (Word version)
Date:   ADD:
04/18/06   COATES

CO-SPONSOR ADDED

Bill Number:   H. 4965 (Word version)
Date:   ADD:
04/18/06   MITCHELL

CO-SPONSOR ADDED

Bill Number:   H. 4981 (Word version)
Date:   ADD:
04/18/06   KENNEDY

CO-SPONSOR REMOVED

Bill Number:   H. 4970 (Word version)
Date:   REMOVE:
04/18/06   TRIPP

CO-SPONSOR REMOVED

Bill Number:   H. 4928 (Word version)
Date:   REMOVE:
04/18/06   MITCHELL

CO-SPONSOR REMOVED

Bill Number:   H. 4928 (Word version)
Date:   REMOVE:
04/18/06   CATO

CO-SPONSOR REMOVED

Bill Number:   H. 4838 (Word version)
Date:   REMOVE:
04/18/06   MCGEE

CO-SPONSOR REMOVED

Bill Number:   H. 3795 (Word version)
Date:   REMOVE:
04/18/06   LOFTIS

H. 4773--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4773 (Word version) -- Reps. Sinclair, Rivers, Harrison, G. M. Smith, Davenport, Mitchell, McLeod, Allen, Delleney, Mahaffey, McGee, W. D. Smith, Talley and White: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH A HEALTH CARE POWER OF ATTORNEY, SO AS TO CONFORM THE SOUTH CAROLINA STATUTORY FORM FOR THE HEALTH CARE POWER OF ATTORNEY TO PROVIDE FURTHER FOR A SUCCESSOR AGENT, TO INCLUDE A HIPAA (HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996) AUTHORIZATION, TO CLARIFY DESIGNATION CHOICES IN CONNECTION WITH TUBE FEEDING, AND TO PROVIDE FOR AN OPTIONAL ACKNOWLEDGEMENT BY A NOTARY PUBLIC.

Rep. SINCLAIR proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18328MM06), which was adopted:
Amend the bill, as and if amended, Section 62-5-504(D) 8. 6. 7. as found in SECTION 1, page 6, lines 10 and 20, by deleting / 6. 7. STATEMENT OF DESIRES AND SPECIAL PROVISIONS / and inserting:
/ 6. 7. STATEMENT OF DESIRES AND SPECIAL PROVISIONS CONCERNING LIFE-SUSTAINING TREATMENT / .
Amend the bill further, Section 62-5-504(D) 8. 7. 8. as found in SECTION 1, page 7, lines 8-42 and page 8, lines 1-5, by deleting item 7. 8. in its entirety and inserting:
/ 7. 8.   STATEMENT OF DESIRES REGARDING TUBE FEEDING

With respect to Nutrition and Hydration provided by means of a nasogastric tube or tube into the stomach, intestines, or veins, I wish to make clear that in situations where life sustaining treatment is being withheld or withdrawn pursuant to Item 7, (INITIAL ONLY ONE) OF THE FOLLOWING FOUR PARAGRAPHS), which was adopted:

I do not want to receive these forms of artificial nutrition and hydration, and they may be withheld or withdrawn under the conditions given above.
OR

I do want to receive these forms of artificial nutrition and hydration.

(a)     GRANT OF DISCRETION TO AGENT. I do not want my life to be prolonged by tube feeding if my agent believes the burdens of tube feeding outweigh the expected benefits. I want my agent to consider the relief of suffering, my personal beliefs, the expense involved, and the quality as well as the possible extension of my life in making this decision.
OR

(b)     DIRECTIVE TO WITHHOLD OR WITHDRAW TUBE FEEDING. I do not want my life prolonged by tube feeding.
OR

(c)     DIRECTIVE FOR PROVISION OF TUBE FEEDING. I want tube feeding to be provided within the standards of accepted medical practice, without regard to my condition, the chances I have for recovery, or the cost of the procedure, and without regard to whether other forms of life-sustaining treatment are being withheld or withdrawn.
OR

(d)     DIRECTIVE IN MY OWN WORDS.

IF YOU DO NOT INITIAL EITHER ANY OF THE ABOVE STATEMENTS IN ITEM 8, YOUR AGENT WILL NOT HAVE AUTHORITY TO DIRECT THAT NUTRITION AND HYDRATION NECESSARY FOR COMFORT CARE OR ALLEVIATION OF PAIN BE WITHDRAWN. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 3795--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3795 (Word version) -- Reps. Rutherford, Scott, Hosey, Govan, Cobb-Hunter, Hamilton, E. H. Pitts, G. R. Smith, Mahaffey, J. Brown and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-25 SO AS TO PROHIBIT SMOKING IN A RESTAURANT AND TO PROVIDE A PENALTY FOR VIOLATION.

Reps. VIERS, BATTLE, THOMPSON, J. E. SMITH, OTT, AGNEW, J. H. NEAL, HAYES, J. BROWN, SCOTT, BAILEY, JEFFERSON, J. HINES, HARDWICK, JENNINGS, RHOAD, HAMILTON, LEACH, LOFTIS, MOODY-LAWRENCE, KIRSH, SCARBOROUGH, BANNISTER, DAVENPORT, OWENS, ALTMAN, SANDIFER, TRIPP, WALKER and YOUNG requested debate on the Bill.

H. 4240--DEBATE ADJOURNED

Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, April 19, which was adopted:

H. 4240 (Word version) -- Reps. Sandifer, Cato and Vaughn: A BILL TO AMEND SECTION 23-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF THE TERM "COMMITTEE"; AND TO AMEND SECTION 23-47-65, AS AMENDED, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REENACT THE SECTION ESTABLISHING THE COMMITTEE AND MAKE IT PERMANENT, TO REVISE THE NAME OF THE COMMITTEE, TO REMOVE THE STATE AUDITOR AND THE DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES AS MEMBERS OF THIS COMMITTEE, TO INCLUDE A DIVISION DIRECTOR OF THE BUDGET AND CONTROL BOARD AS A MEMBER OF THE BOARD, TO ELIMINATE TERM LIMITS APPLICABLE TO COMMITTEE MEMBERS, TO MAKE TECHNICAL CHANGES, AND TO MAKE CONFORMING AMENDMENTS.

H. 4879--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4879 (Word version) -- Reps. Vaughn, Walker, Pinson, Owens, Townsend, Loftis, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Leach, Littlejohn, Mahaffey, Merrill, E. H. Pitts, Rice, G. R. Smith, Taylor, Tripp and Mitchell: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR THE ELECTION OF THE MEMBERS OF THE BOARD BY THE GENERAL ASSEMBLY FROM THE CONGRESSIONAL DISTRICTS OF THE STATE AND FROM THE STATE AT LARGE WITH ONE MEMBER APPOINTED BY THE GOVERNOR AND TO NUMBER THE SEATS, PROVIDE THE TERMS, PROVIDE FOR VACANCIES, PROVIDE FOR REMOVAL OF A MEMBER, AND PROVIDE THAT A PERSON MAY NOT SERVE ON THE BOARD IF A MEMBER OF HIS IMMEDIATE FAMILY IS EMPLOYED BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT.

Reps. MCLEOD, FUNDERBURK, OTT, J. E. SMITH, J. H. NEAL, JEFFERSON, SCOTT, J. BROWN, ANTHONY, MILLER, JENNINGS, R. BROWN, MOODY-LAWRENCE, BRANHAM, CLYBURN and BREELAND requested debate on the Bill.

H. 4880--REQUESTS FOR DEBATE

The following Joint Resolution was taken up:

H. 4880 (Word version) -- Reps. Vaughn, Loftis, Walker, Pinson, Owens, E. H. Pitts, Townsend, Leach, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Littlejohn, Mahaffey, Merrill, Rice, G. R. Smith, Taylor and Tripp: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE COMPOSITION OF THE BOARD AND PROVIDE THAT THE COMPOSITION OF THE BOARD MUST BE AS THE GENERAL ASSEMBLY SHALL SPECIFY BY LAW.

Rep. VAUGHN requested debate on the Joint Resolution.
Rep. SCOTT moved to recommit the Joint Resolution to the Committee on Education and Public Works.

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

Yeas 40; Nays 65

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bales                  Battle                 Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Delleney               Emory
Funderburk             Govan                  Harvin
Hayes                  J. Hines               M. Hines
Hodges                 Jefferson              Jennings
Kirsh                  Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
Ott                    Parks                  Phillips
Pinson                 Rivers                 Rutherford
Scott                  Skelton                J. E. Smith
Weeks

Total--40

Those who voted in the negative are:

Altman                 Ballentine             Bannister
Barfield               Bingham                Brady
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Cooper                 Dantzler               Davenport
Duncan                 Edge                   Frye
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Hosey                  Huggins                Leach
Limehouse              Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Neilson
Owens                  Perry                  E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Sandifer               Scarborough            Sinclair
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Viers                  Walker                 White
Witherspoon            Young

Total--65

So, the House refused to recommit the Joint Resolution.

Reps. SCOTT, J. H. NEAL, LEACH, WALKER, HAMILTON, G. R. SMITH, MAHAFFEY, DAVENPORT, MACK, R. BROWN, BREELAND, JENNINGS, J. BROWN, OTT, CLYBURN, JEFFERSON, WITHERSPOON, PARKS, GOVAN, HAYES, MARTIN, MILLER, MOODY-LAWRENCE and ANDERSON requested debate on the Joint Resolution.

H. 4961--POINT OF ORDER

The following Bill was taken up:

H. 4961 (Word version) -- Reps. Rhoad, Witherspoon, Toole, M. A. Pitts and Vick: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO THREE IN ANY ONE DAY.

POINT OF ORDER

Rep. LIMEHOUSE 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.

ORDERED TO THIRD READING

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

H. 4962 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OFFICE OF THE ATTORNEY GENERAL, RELATING TO SECURITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SINCLAIR explained the Joint Resolution.

S. 1094--RECALLED FROM COMMITTEE ON WAYS AND MEANS

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

S. 1094 (Word version) -- Senators Leatherman, Alexander, Ryberg and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-370 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND COMMISSION OFFICERS AND MANAGEMENT EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FOR A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE COMMISSION IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION WITH RESPECT TO THE VARIOUS STATE RETIREMENT SYSTEMS AND INVESTMENTS ALLOWED FOR THE FUNDS OF THESE SYSTEMS, SO AS TO PROVIDE FOR ADDITIONAL INVESTMENTS; TO AMEND SECTION 9-1-1340, AS AMENDED, RELATING TO CONFLICT OF INTEREST PROVISIONS WITH RESPECT TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CONFORM THE PROVISIONS TO THE NATIONAL GUARD RETIREMENT SYSTEM; TO AMEND SECTION 9-10-60, RELATING TO STATE BUDGET AND CONTROL BOARD'S RESPONSIBILITIES WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND CONFLICT OF INTEREST PROVISIONS FOR THAT SYSTEM, SO AS TO CONFORM THESE RESPONSIBILITIES TO THE MANNER OF OPERATION OF THE OTHER STATE RETIREMENT SYSTEMS AND TO DELETE REDUNDANT PROVISIONS; TO AMEND SECTION 9-16-360, RELATING TO STANDARDS OF CONDUCT FOR FIDUCIARIES WITH RESPECT TO THE STATE RETIREMENT SYSTEMS, SO AS FURTHER TO DEFINE "INDIRECT INTEREST" AND TO ALLOW THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO WAIVE THESE STANDARDS BY CONTRACT WITH CERTAIN FIDUCIARIES.

S. 1320--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

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

S. 1320 (Word version) -- Senators Malloy and Leatherman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2006.

S. 1200--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

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

S. 1200 (Word version) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY TO 2005 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.

S. 1163--RECALLED AND REFERRED TO COMMITTEE ON JUDICIARY

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

S. 1163 (Word version) -- Senators Sheheen, Reese, Hutto and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.

H. 3681--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

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

H. 3681 (Word version) -- Reps. Weeks, G. Brown, J. H. Neal and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-75 SO AS TO ALLOW THE UNIVERSITY OF SOUTH CAROLINA-SUMTER TO OFFER FOUR-YEAR DEGREES CONTINGENT ON FUNDING; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE THE DEFINITION OF "PROJECT" TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA-SUMTER FOR THE PURPOSE OF IMPLEMENTATION OF ITS FOUR-YEAR DEGREES.

H. 3184--INTERRUPTED DEBATE

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

H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper, Cato, G. M. Smith and Weeks: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.

Rep. J. E. SMITH moved to adjourn debate on the Senate Amendments until Wednesday, April 19.

Rep. BINGHAM moved to table the motion.

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

Yeas 66; Nays 36

Those who voted in the affirmative are:

Anderson               Anthony                Ballentine
Bannister              Bingham                Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Cobb-Hunter
Cooper                 Dantzler               Davenport
Delleney               Edge                   Frye
Hagood                 Haley                  Hardwick
Harrell                Hayes                  Herbkersman
Hinson                 Huggins                Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Mitchell
J. H. Neal             Ott                    Owens
Perry                  Phillips               E. H. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Sinclair
Skelton                D. C. Smith            F. N. Smith
J. R. Smith            Stewart                Talley
Toole                  Townsend               Tripp
Umphlett               Vaughn                 White
Whitmire               Witherspoon            Young

Total--66

Those who voted in the negative are:

Agnew                  Bales                  Battle
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Emory
Funderburk             Hamilton               Harrison
Harvin                 Haskins                J. Hines
Hodges                 Hosey                  Jefferson
Jennings               Lucas                  Mack
Miller                 Moody-Lawrence         Neilson
Parks                  Pinson                 Rutherford
Scott                  G. M. Smith            J. E. Smith
Thompson               Vick                   Weeks

Total--36

So, the motion to adjourn debate was tabled.

Rep. J. E. SMITH moved to recommit the Bill to the Committee on Judiciary.
Rep. CATO moved to table the motion.

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

Yeas 60; Nays 42

Those who voted in the affirmative are:

Anthony                Ballentine             Bannister
Bingham                Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Emory                  Frye                   Haley
Hardwick               Harrell                Herbkersman
Hinson                 Huggins                Kennedy
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                J. M. Neal             Neilson
Ott                    Owens                  Perry
Phillips               E. H. Pitts            Rhoad
Rice                   Rivers                 Sandifer
Scarborough            Sinclair               Skelton
D. C. Smith            J. R. Smith            Stewart
Talley                 Toole                  Townsend
Umphlett               Vaughn                 White
Whitmire               Witherspoon            Young

Total--60

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Battle                 Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               Clyburn
Funderburk             Govan                  Hagood
Hamilton               Harrison               Harvin
Haskins                Hayes                  J. Hines
M. Hines               Hodges                 Hosey
Jefferson              Jennings               Leach
Mack                   Miller                 Mitchell
Moody-Lawrence         J. H. Neal             Parks
Pinson                 Rutherford             Scott
G. M. Smith            J. E. Smith            Taylor
Thompson               Vick                   Weeks

Total--42

So, the motion to recommit the Bill was tabled.

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

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

Yeas 31; Nays 67

Those who voted in the affirmative are:

Agnew                  Bales                  Battle
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
Funderburk             Govan                  Harvin
J. Hines               Hodges                 Hosey
Jefferson              Jennings               Mack
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             Neilson                Parks
Rutherford             Scott                  G. M. Smith
J. E. Smith            Taylor                 Thompson
Vick

Total--31

Those who voted in the negative are:

Anderson               Ballentine             Bannister
Barfield               Bingham                Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Cooper
Dantzler               Delleney               Edge
Emory                  Frye                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Haskins                Hayes
Herbkersman            M. Hines               Hinson
Huggins                Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Ott                    Owens
Perry                  Phillips               E. H. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Sinclair
Skelton                D. C. Smith            F. N. Smith
J. R. Smith            Stewart                Talley
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Weeks
White                  Whitmire               Witherspoon
Young

Total--67

So, the House refused to continue the Bill.

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

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

Yeas 34; Nays 67

Those who voted in the affirmative are:

Anderson               Bales                  Bannister
Battle                 Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               Funderburk             Govan
Hodges                 Hosey                  Jefferson
Jennings               Kirsh                  Mack
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Parks                  Pinson                 Rutherford
Scott                  F. N. Smith            G. M. Smith
J. E. Smith            Taylor                 Thompson
Vick

Total--34

Those who voted in the negative are:

Agnew                  Anthony                Ballentine
Bingham                Cato                   Ceips
Chalk                  Chellis                Clark
Cobb-Hunter            Cooper                 Dantzler
Davenport              Delleney               Edge
Emory                  Frye                   Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Haskins
Hayes                  M. Hines               Hinson
Huggins                Kennedy                Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Ott                    Owens
Perry                  Phillips               E. H. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Sinclair
Skelton                D. C. Smith            J. R. Smith
Stewart                Talley                 Toole
Townsend               Tripp                  Umphlett
Vaughn                 Walker                 Weeks
White                  Whitmire               Witherspoon
Young

Total--67

So, the House refused to table the Bill.

Rep. J. E. SMITH moved that the House recede until 3:00 p.m.

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

Yeas 11; Nays 77

Those who voted in the affirmative are:

Bowers                 Brady                  Branham
Breeland               J. Brown               Funderburk
Mack                   Miller                 J. H. Neal
Scott                  J. E. Smith

Total--11

Those who voted in the negative are:

Agnew                  Anthony                Bales
Ballentine             Bannister              Battle
Bingham                Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Cobb-Hunter            Coleman
Cooper                 Dantzler               Delleney
Edge                   Frye                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Harvin                 Haskins
Herbkersman            M. Hines               Hinson
Hosey                  Huggins                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Mitchell
Moody-Lawrence         Neilson                Ott
Owens                  Perry                  Phillips
E. H. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scarborough
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Walker
Weeks                  White                  Whitmire
Witherspoon            Young

Total--77

So, the House refused to recede.

Rep. J. E. SMITH moved that the House do now adjourn.

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

Yeas 44; Nays 54

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bales                  Battle                 Bowers
Brady                  Branham                Breeland
G. Brown               Chellis                Clyburn
Cooper                 Delleney               Emory
Funderburk             Hamilton               Harrison
J. Hines               M. Hines               Hodges
Hosey                  Jefferson              Jennings
Kirsh                  Littlejohn             Lucas
Mack                   Mahaffey               Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Parks
Pinson                 Rutherford             Scott
J. E. Smith            Talley                 Walker
Witherspoon            Young

Total--44

Those who voted in the negative are:

Anthony                Ballentine             Bannister
Bingham                Cato                   Ceips
Chalk                  Clark                  Clemmons
Coleman                Dantzler               Davenport
Frye                   Haley                  Hardwick
Harrell                Harvin                 Herbkersman
Hinson                 Huggins                Kennedy
Leach                  Limehouse              Loftis
Martin                 McCraw                 McGee
McLeod                 Merrill                Ott
Owens                  Perry                  Phillips
E. H. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scarborough
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Stewart
Taylor                 Thompson               Toole
Umphlett               Vaughn                 Vick
Weeks                  White                  Whitmire

Total--54

So, the House refused to adjourn.

Rep. J. E. SMITH proposed the following Amendment No. 12A (Doc Name COUNCIL\MS\7226AHB06), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety SECTION 2, page 4, beginning on line 31, and inserting:
/ SECTION   2.   Section 1-23-320 of the 1976 Code, as last amended by Act 359 of 1998, is further amended by adding an appropriately lettered subsection to read:

"( )   Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence; provided, however, that in contested case proceedings involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created in favor of approval when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic cardiac catheterization equivalents in the previous year of operation. In addition, in order for a certificate of need for new open heart surgery services to be approved, the facility must also provide a level 1 trauma center as a service." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.
Rep. BINGHAM spoke against the amendment.
Rep. RUTHERFORD spoke against the amendment.

Rep. CATO moved to table the amendment.

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

Yeas 67; Nays 28

Those who voted in the affirmative are:

Agnew                  Allen                  Anthony
Bannister              Bingham                Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Edge
Frye                   Hagood                 Haley
Hardwick               Harvin                 Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Huggins                Jefferson
Kennedy                Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
McLeod                 Merrill                Ott
Owens                  Perry                  Phillips
E. H. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Sinclair
Skelton                D. C. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vaughn                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

Total--67

Those who voted in the negative are:

Anderson               Bales                  Ballentine
Battle                 Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               Funderburk             Harrison
Haskins                Hosey                  Howard
Jennings               Limehouse              Mack
Mahaffey               Miller                 Mitchell
Moody-Lawrence         J. H. Neal             Neilson
Parks                  Rutherford             J. E. Smith
Vick

Total--28

So, the amendment was tabled.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, cloture having been ordered.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4870 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN LAURENS COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 39 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 72 THE "JOE B. MEDLOCK MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOE B. MEDLOCK MEMORIAL HIGHWAY".

H. 5007 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE REVEREND JAMES E. MASSEY OF ANDERSON COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO THE LIVES OF HIS CONGREGANTS AND CHURCH COMMUNITY UPON THE SEVEN YEAR ANNIVERSARY OF HIS LEADERSHIP OF HOLLY SPRINGS BAPTIST CHURCH.

H. 5008 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JEAN BELCHER OF BARNWELL COUNTY FOR BEING NAMED 2006 SOUTH CAROLINA MOTHER OF THE YEAR, AND TO CONGRATULATE HER FOR REARING FOUR INTELLIGENT CHILDREN WHO CONTINUE TO SUCCEED PROFESSIONALLY IN THEIR RESPECTIVE FIELDS.

H. 5009 (Word version) -- Rep. M. A. Pitts: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF FALLEN LAW ENFORCEMENT OFFICER DEPUTY JOSEPH SCOTT QUARLES OF LAURENS COUNTY FOR HIS DEDICATION TO SERVING AND PROTECTING THE PEOPLE OF SOUTH CAROLINA, AND TO CELEBRATE THE ENTHUSIASM AND PROFESSIONALISM HE BROUGHT TO THE HIGH CALLING OF A CAREER IN LAW ENFORCEMENT.

H. 5010 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF ISHAM NATHANIEL "I.N." RIZER OF COLLETON COUNTY, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 5012 (Word version) -- Rep. M. A. Pitts: A CONCURRENT RESOLUTION TO COMMEND THE NATIONAL WILD TURKEY FEDERATION ON ITS DILIGENT EFFORTS TO THE CONSERVATION OF THE WILD TURKEY AND THE PRESERVATION OF OUR NATION'S HUNTING TRADITION, AND TO RECOGNIZE THE NUMEROUS PROGRAMS THAT SUPPORT THE FEDERATION'S MISSION.

ADJOURNMENT

At 1:28 p.m. the House, in accordance with the motion of Rep. E. H. PITTS, adjourned in memory of Mrs. Vance Myers of Lexington, to meet at 10:00 a.m. tomorrow.

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