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

Tuesday, February 1, 2005
(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 Colossians 3:2: "Set your minds on things that are above."
Let us pray. Almighty God, we give thanks to You for inviting us to soar with You beyond the troubles of this day. Be our advisor to the business at hand. Lead us to be examples to those who trust us in serving them. Put into our minds the high ideals of servanthood for the good of this State. Invoke Your divine care upon our Nation, the President, our State and her leaders. Keep our defenders of freedom in Your safe care. We pray in Your Holy Name. 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. TAYLOR moved that when the House adjourns, it adjourn in memory of Charles M. Culbertson II of Laurens County, which was agreed to.

INVITATIONS

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

January 20, 2005
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 Self-Insurers Association, the Members of the South Carolina House of Representatives are invited to a breakfast on Wednesday, March 2, 2005, from 8:00 a.m. to 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Mobashir Salahuddin, Executive Director

January 20, 2005
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 Association of Public Library Administrators, the Members of the South Carolina House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 2, 2005, from 12:00 noon until 2:00 p.m. at the Adam's Mark Hotel.
Sincerely,
Dwight McInvaill, Director
Georgetown County Library

January 20, 2005
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 American Legislative Exchange Council, the Members of the South Carolina House of Representatives are invited to a reception. This event will be held on Wednesday, March 2, 2005, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Gary Barrett
Director of Membership

January 20, 2005
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 Vocational Rehabilitation Association, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, March 3, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Debra M. Moses
President

January 20, 2005
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 Department of Natural Resources, the Harry R. E. Hampton Memorial Wildlife Fund and the SC Chapter of the National Wild Turkey Federation, the Members and staff of the South Carolina House of Representatives are invited to a reception. This event will be held on Tuesday, March 8, 2005, from 6:00 p.m. until 8:30 p.m. at the State Museum.
Sincerely,
Cary D. Chamblee
Associate Director

January 20, 2005
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 Aviation Association, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 9, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Katie English
Administrative Manager

January 20, 2005
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 Prayer Fellowship, the Members of the South Carolina House of Representatives are invited to the South Carolina State Prayer Breakfast. This event will be held on Wednesday, March 30, 2005, at 7:30 a.m. at the Sheraton Hotel and Conference Center.
Sincerely,
C. Tommy Young
Chairman

January 20, 2005
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 ETV Endowment of South Carolina, the Members of the South Carolina House of Representatives are invited to a Catfish Luncheon. This event will be held on Wednesday, March 30, 2005, from 12:00 noon until 1:30 p.m. at the ETV Telecommunications Center, 1041 George Rogers Boulevard.
Sincerely,
M. Edward Sellers
President

Elaine Freeman
Executive Director

January 20, 2005
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 York County Regional Chamber of Commerce, the Members and staff of the South Carolina House of Representatives are invited to the York County Day Legislative Reception. This event will be held on Wednesday, March 30, 2005, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Dean Faile
Senior Vice President

January 20, 2005
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 March of Dimes, SC Chapter and the SC Perinatal Association, the Members and staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, March 31, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Karen Waldrop
Director of Program Services

January 20, 2005
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 Urban League of Columbia the Members of the South Carolina House of Representatives are invited to a luncheon on Wednesday, March 9, 2005, from 12:00 noon until 2:00 p.m. in Room 221 of the Blatt Building.

Thank you,
Ron Thomas
SC Urban League of Columbia

January 20, 2005
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 Association of Probate Judges, the Members of the South Carolina House of Representatives are invited to a reception. This event will be held on Tuesday, March 1, 2005, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House.
Sincerely,
Judge Frank Simon

January 20, 2005
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 Home Builders Association of SC, the members of the South Carolina House of Representatives are invited to a Bird Supper. This event will be held on Wednesday, March 9, 2005, beginning at 6:30 p.m. with dinner immediately following at 7:15 p.m. at the Embassy Suites Hotel.
Sincerely,
John C. Cone
Executive Director

January 20, 2005
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 Shrimp and Grits Breakfast. This event will be held on Thursday, March 10, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sheila McMillan
SC Connection Co-Chm.

January 20, 2005
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 Bankers Association, the Members of the South Carolina House of Representatives are invited to a Young Bankers Legislative Oyster Roast & BBQ. This event will be held on Tuesday, March 29, 2005, at the University Club.
Sincerely,
E. Anne Gillespie
Senior Vice President

HOUSE RESOLUTION

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

H. 3406 (Word version) -- Rep. Mahaffey: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JAMES F. BYRNES HIGH SCHOOL FOOTBALL TEAM, COACH BOBBY BENTLEY, AND OTHER SCHOOL OFFICIALS WEDNESDAY, FEBRUARY 2, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON WINNING THE CLASS AAAA DIVISION II STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the James F. Byrnes High School Football Team of Spartanburg County, Head Coach Bobby Bentley, and other school officials, on Wednesday, February 2, 2005, at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team for winning the Class AAAA Division II State Championship Title.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3407 (Word version) -- Reps. J. M. Neal, Govan, McCraw, Phillips, Altman, Bales, Branham, Emory, Harrell, Huggins, Limehouse, Rhoad, Scarborough and G. R. Smith: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE SPOUSES IN THE PERSONS ELIGIBLE FOR THE TUITION EXEMPTION AND TO INCLUDE SUMMER SEMESTERS IN THE FOUR YEARS THE PERSONS MAY RECEIVE THE TUITION EXEMPTION; TO AMEND SECTION 59-111-160, RELATING TO THE DEFINITION OF "TOTAL DISABILITY", SO AS TO INCLUDE SPOUSES IN THE APPLICATION OF THIS ARTICLE.
Referred to Committee on Ways and Means

H. 3408 (Word version) -- Reps. J. M. Neal, McCraw, Phillips, Bales, Bingham, Emory, M. A. Pitts and Toole: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO PROVIDE THAT A FULL-TIME COMMISSIONED LAW ENFORCEMENT OFFICER WHO IN THE LINE OF DUTY IS ASSAULTED OR INJURED WHILE ARRESTING OR ATTEMPTING TO ARREST A PERSON MAY BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY HIS EMPLOYER RATHER THAN SICK LEAVE.
Referred to Committee on Ways and Means

H. 3409 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 9, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF CHIROPRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ORGANIZATIONAL FRAME WORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CHIROPRACTORS, INCLUDING AUTHORIZING THE TREATMENT OF ARTICULATION AND EXTREMITIES AND THE USE OF ACUPUNCTURE UNDER CERTAIN CONDITIONS, CLARIFYING THAT ONLY CHIROPRACTORS MAY PERFORM SPINAL ADJUSTMENT AND EXAMINATIONS TO EVALUATE FOR TREATMENT, PROVIDING FOR PRECEPTORSHIP TRAINING, AUTHORIZING DELEGATION OF CERTAIN TREATMENT, ALLOWING OUT-OF-STATE CHIROPRACTORS TO OBTAIN LICENSURE BY ENDORSEMENT AND TO SERVE AS CONSULTANTS, REQUIRING MALPRACTICE INSURANCE, AUTHORIZING THE BOARD TO OBTAIN CERTAIN MEDICAL AND PSYCHOLOGICAL RECORDS ON APPLICANTS, AND ESTABLISHING BOARD IMMUNITY FROM LIABILITY.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3410 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTIONS 33-1-200 AND 33-31-120, AS AMENDED, BOTH RELATING TO THE FILING REQUIREMENTS OF CERTAIN DOCUMENTS, SO AS TO PROVIDE THAT THE DOCUMENT MUST BE IN A MEDIUM AND FORM AS PERMITTED BY THE SECRETARY OF STATE.
Referred to Committee on Judiciary

H. 3411 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 5-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE COUNTING IN MUNICIPAL ELECTIONS, SO AS TO DELETE THE REQUIREMENT THAT IN THE CASE OF A CONTESTED ELECTION INCUMBENTS HOLD OVER UNTIL THE CONTEST IS FINALLY DETERMINED; AND TO AMEND SECTION 5-15-140, RELATING TO CONTESTING A MUNICIPAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE OF APPEAL OF THE DECISION OF THE MUNICIPAL ELECTION COMMISSION ACTS AS A STAY OF FURTHER PROCEEDINGS PENDING THE APPEAL.
Referred to Committee on Judiciary

H. 3412 (Word version) -- Reps. Harrison, Bales, Cotty, Brady, Whipper, Vaughn, Branham, Toole and Taylor: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSIONS TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT IF A PATIENT DOES NOT REQUIRE INVOLUNTARY TREATMENT, THE COURT, UPON PROPER NOTICE, SHALL DISMISS THE PETITION FOR COMMITMENT; TO AMEND SECTION 44-17-430, RELATING TO TAKING PERSONS WHO ARE BELIEVED TO BE A DANGER TO THEMSELVES OR OTHERS INTO CUSTODY, SO AS TO PROVIDE THAT AN ORDER AUTHORIZING SUCH CUSTODY IS VALID ONLY FOR SEVENTY-TWO HOURS; TO ADD SECTION 44-13-05 SO AS TO ESTABLISH PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON WHO THE OFFICER BELIEVES TO BE MENTALLY ILL INTO PROTECTIVE CUSTODY AND TO PROVIDE IMMUNITY FROM LIABILITY; TO AMEND SECTION 44-17-580, RELATING TO PROCEDURES FOR JUDICIAL COMMITMENT TO A MENTAL HEALTH FACILITY, SO AS TO CLARIFY THESE PROCEDURES AND TO AUTHORIZE THE COURT TO ORDER OUT-PATIENT TREATMENT FOLLOWING IN-PATIENT COMMITMENT; TO AMEND SECTION 44-24-150, RELATING TO THE AUTHORITY OF THE FAMILY COURT TO COMMIT CERTAIN CHILDREN FOR PSYCHIATRIC EVALUATION, SO AS TO PROVIDE THAT THE COURT MAY ORDER THAT SUCH AN EVALUATION BE CONDUCTED BY A COMMUNITY MENTAL HEALTH CENTER AND THAT IF AN IN-PATIENT EVALUATION IS RECOMMENDED, THE COURT MAY COMMIT THE CHILD TO A DESIGNATED HOSPITAL FOR UP TO FIFTEEN YEARS FOR SUCH AN EVALUATION; AND TO AMEND SECTION 44-52-50, RELATING TO PROCEDURES FOR EMERGENCY ADMISSIONS FOR ALCOHOL AND DRUG TREATMENT, SO AS TO CLARIFY THAT IF A COURT ISSUES AN ORDER TO TAKE A PERSON IN NEED OF SUCH TREATMENT INTO PROTECTIVE CUSTODY, THE ORDER IS VALID ONLY FOR SEVENTY-TWO HOURS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3413 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, TO FURTHER PROVIDE FOR PROCEDURES REGARDING THE EXPENDITURE OF CERTAIN FUNDING, AND TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Education and Public Works

H. 3414 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 7-15-220, 7-15-380, AS AMENDED, 7-15-385, AS AMENDED, AND 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE SIGNATURE OR MARK OF AN ABSENTEE APPLICANT BE WITNESSED.
Referred to Committee on Judiciary

S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

HOUSE RESOLUTION

The following was introduced:

H. 3415 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND FOOTBALL TEAM AND HEAD COACH MIKE SIMS ON THEIR UNDEFEATED 2004 FOOTBALL SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3416 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CALHOUN ACADEMY "CAVALIERS" FOOTBALL TEAM, HEAD COACH ADAM JARECKI, AND OTHER SCHOOL OFFICIALS, THURSDAY, FEBRUARY 3, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR 2004 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Calhoun Academy "Cavaliers" Football Team, Head Coach Adam Jarecki, and other school officials, on Thursday, February 3, 2005, at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team for their South Carolina Independent School Athletic Association Class AA State Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3417 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MR. HERBERT BRYSON SCHLOSS OF MYRTLE BEACH FOR HIS SERVICE AS EXECUTIVE DIRECTOR OF THE OCEAN VIEW MEMORIAL FOUNDATION, AND TO WISH HIM MUCH HAPPINESS IN HIS RETIREMENT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3418 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION CONGRATULATING THE CALHOUN ACADEMY "CAVALIERS" FOOTBALL TEAM OF CALHOUN COUNTY ON THEIR OUTSTANDING SEASON AND CAPTURING THE 2004 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE FOOTBALL CHAMPIONSHIP, AND HONORING THESE OUTSTANDING PLAYERS, COACH ADAM JARECKI AND HIS STAFF, AND THE CALHOUN ACADEMY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3419 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF JUDGE ARCHIE BEATTIE OF LEE COUNTY ON JANUARY 17, 2005, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 356 (Word version) -- Senators Jackson, Patterson and Lourie: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF DOCTOR RONALD L. EPPS UPON HIS RETIREMENT AS SUPERINTENDENT OF SCHOOLS FOR RICHLAND COUNTY SCHOOL DISTRICT ONE ON JANUARY 31, 2005, AND EXTEND BEST WISHES TO HIM ON HIS FUTURE ENDEAVORS.

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

H. 3420--ADOPTED

The following was introduced:

H. 3420 (Word version) -- Judiciary Committee: A HOUSE RESOLUTION TO ADOPT THE RECOMMENDATION OF THE HOUSE JUDICIARY COMMITTEE ON THE ELECTION APPEAL IN HOUSE DISTRICT 106.

Whereas, the following matter has been brought before the House of Representatives:

THE STATE OF SOUTH CAROLINA
BEFORE THE HOUSE OF REPRESENTATIVES
APPEAL FROM THE BOARD OF STATE CANVASSERS

Richard Withington,       )

)

Protestant           )

)
vs.                     )

)
Nelson Hardwick,         )

)

Respondent           )

)
and The State Election     )
Commission and Horry     )
County Election           )
Commission             )

Whereas, in House District 106, the Board of State Canvassers issued an Order upholding the election of Nelson Hardwick as the member of the House of Representatives from House District 106, and Protestant Richard Withington filed an appeal from such finding with the House of Representatives; and

Whereas, the appeal was referred to the Judiciary Committee by the Speaker of the House; and

Whereas, the Judiciary Committee has now carefully considered the appeal and by this resolution does specifically make its recommendation of the appeal as follows:

The Judiciary Committee finds that the Order of the Board of State Canvassers should be upheld, the election of Nelson Hardwick should be declared valid, and Nelson Hardwick should continue sitting as the Representative from House District 106.

Now, therefore,

Be it resolved by the House of Representatives:

That the recommendation of the House Judiciary Committee is adopted, the Order of the Board of State Canvassers is upheld, the election of Nelson Hardwick is declared valid, and Nelson Hardwick shall continue sitting as the duly elected Representative from House District 106.

Rep. HARRISON explained the Resolution.

The Resolution was adopted.

ROLL CALL

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Hagood
Hamilton               Hardwick               Harrell
Harrison               Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hosey                  Howard
Huggins                Jefferson              Kennedy
Kirsh                  Leach                  Lee
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
Merrill                Miller                 J. H. Neal
J. M. Neal             Norman                 Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
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                  Tripp
Umphlett               Vaughn                 Vick
Viers                  Walker                 Whitmire
Wilkins                Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 1.

Ronald Townsend                   Bill Cotty
Laurie Funderburk                 James E. Smith
Walton McLeod                     Gloria Haskins
Daniel Cooper                     Thayer Rivers
Bessie Moody-Lawrence             Denny Neilson
Brian White                       Douglas Jennings
Jackson "Seth"  Whipper           Nikki Haley
Todd Rutherford                   Jerry Govan
David Weeks                       Alex Harvin

Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. March Seabrook of West Columbia 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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. 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. 3007 (Word version)
Date:   ADD:
02/01/05   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3007 (Word version)
Date:   ADD:
02/01/05   VICK

CO-SPONSOR ADDED

Bill Number:   H. 3009 (Word version)
Date:   ADD:
02/01/05   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/01/05   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3117 (Word version)
Date:   ADD:
02/01/05   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3129 (Word version)
Date:   ADD:
02/01/05   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3178 (Word version)
Date:   ADD:
02/01/05   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3305 (Word version)
Date:   ADD:
02/01/05   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3313 (Word version)
Date:   ADD:
02/01/05   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3320 (Word version)
Date:   ADD:
02/01/05   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3335 (Word version)
Date:   ADD:
02/01/05   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3338 (Word version)
Date:   ADD:
02/01/05   SIMRILL

CO-SPONSOR ADDED

Bill Number:   H. 3381 (Word version)
Date:   ADD:
02/01/05   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3405 (Word version)
Date:   ADD:
02/01/05   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   M. A. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   CHALK

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   HALEY

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
02/01/05   HARDWICK

CO-SPONSOR REMOVED

Bill Number:   H. 3204 (Word version)
Date:   REMOVE:
02/01/05   G. R. SMITH

ORDERED TO THIRD READING

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

H. 3400 (Word version) -- Rep. Anthony: A BILL TO ABOLISH THE LOCKHART SCHOOL DISTRICT HEALTH COMMISSION IN UNION COUNTY AND TO REPEAL ACT 1171 OF 1948 ESTABLISHING THIS HEALTH COMMISSION.

H. 3334 (Word version) -- Reps. Cooper, Rice, Hiott, Owens and Skelton: A JOINT RESOLUTION TO CHANGE THE NAME OF EARLE E. MORRIS, JR., HIGHWAY IN ANDERSON AND PICKENS COUNTIES TO SOUTH CAROLINA HIGHWAY 153 AND TO NOTIFY THE COUNTY GOVERNING BODIES AND POST OFFICES AFFECTED BY THE CHANGE.

SENT TO THE SENATE

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

H. 3085 (Word version) -- Reps. Harrison, Kirsh, E. H. Pitts, Hinson, Mahaffey, Umphlett, McLeod, Jennings and Altman: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD THAT IT IS UNLAWFUL TO USE IDENTIFYING INFORMATION OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

H. 3086--DEBATE ADJOURNED

Rep. COTTY moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted:

H. 3086 (Word version) -- Reps. J. R. Smith, Cotty, Chellis, Scarborough, Bales, Brady, Cato, Ceips, Clark, Hamilton, Harrell, Haskins, Leach, Neilson, Perry, D. C. Smith, G. R. Smith, Townsend, Tripp, Vaughn, Walker, Coates, Owens, E. H. Pitts, Littlejohn, Rice, Witherspoon, Hinson, Mahaffey, Duncan, Huggins, Frye, Toole, Hagood and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTING RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT AND SPECIAL SCHOOLS INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2005.

H. 3304--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J. R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.

Rep. RICE explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. RICE continued speaking.

The question then recurred to the passage of the Bill on second reading.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hosey                  Huggins
Jefferson              Kennedy                Kirsh
Leach                  Littlejohn             Loftis
Lucas                  McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         Neilson                Norman
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Thompson               Toole                  Tripp
Umphlett               Vaughn                 Vick
Viers                  Walker                 Whipper
Whitmire               Witherspoon            Young

Total--102

Those who voted in the negative are:

Total--0

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

H. 3142--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\11155AC05), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 5 and inserting:
/SECTION   5.   This act takes effect upon approval by the Governor and applies to nursing licenses applied for after September 30, 2006./
Renumber sections to conform.
Amend title to conform.

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

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

H. 3274--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3274 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 20-7-2220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS AND THE EFFECT OF PENDENCY OF AN APPEAL IN CERTAIN FAMILY COURT MATTERS, SO AS TO PROVIDE THAT NO TEN DAY AUTOMATIC STAY APPLIES IN SUCH CASES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11160AC05), which was adopted:
Amend the bill, as and if amended, Section 20-7-2220 page 1, line 34 by deleting /wife/ and inserting /wife spouse/. So when amended Section 20-7-2220 reads:
/   "Section 20-7-2220.   Any appeal from an order, judgment, or decree of the family court shall be taken in the manner provided by the South Carolina Appellate Court Rules. The right to appeal must be governed by the same rules, practices, and procedures that govern appeals from the circuit court.

The pendency of an appeal or application may not suspend the order of the family court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution, or agency to whose care the child shall have been committed; nor shall it suspend payments for support and maintenance of the wife spouse and child; and no automatic ten-day stay applies following issuance of such an order."/
Renumber sections to conform.
Amend title to conform.

Rep. ALTMAN explained the amendment.

SPEAKER IN CHAIR

Rep. ALTMAN continued speaking.
The amendment was then adopted.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. W. D. SMITH.

H. 3007--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted:

H. 3007 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G. R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.

H. 3011--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3011 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Cato, Harrell, Chellis, G. R. Smith, Merrill, Coates, Young, Owens, Kirsh, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Chalk, Brady, Edge and Hagood: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSION OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

Be it enacted by the General Assembly of the State of South Carolina:

Part I
Secretary of State

SECTION   1.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the secretary must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION   3.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION   4.   The proposed amendment in Section 5 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION   5.   It is proposed that Section 1, Article XI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."
SECTION   6.   The proposed amendment in Section 7 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. SCOTT moved to adjourn debate on the Joint Resolution until Wednesday, February 2.

Rep. DELLENEY moved to table the motion.

Rep. SCOTT demanded the yeas and nays, which were not ordered.

The motion to adjourn debate was tabled by a division vote of 44 to 16.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20084SD05), which was adopted:
Amend the joint resolution, as and if amended, by striking Part II which includes SECTIONS 3 and 4, on page 3 in its entirety.
Amend further, by striking lines 11 through 23 of the title on page 1 and inserting /PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSION OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 67; Nays 42

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Ballentine             Barfield
Bingham                Bowers                 Brady
G. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Coates                 Cobb-Hunter            Cooper
Cotty                  Davenport              Delleney
Edge                   Haley                  Hardwick
Harrell                Harrison               Herbkersman
Hinson                 Hiott                  Huggins
Jennings               Kirsh                  Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
McGee                  Merrill                Norman
Pinson                 E. H. Pitts            Rice
Sandifer               Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Toole                  Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Young

Total--67

Those who voted in the negative are:

Agnew                  Anderson               Bales
Battle                 Branham                Breeland
J. Brown               R. Brown               Clark
Clyburn                Coleman                Emory
Frye                   Funderburk             Hagood
Hayes                  J. Hines               M. Hines
Hosey                  Jefferson              Kennedy
Mack                   Martin                 McCraw
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Perry                  Phillips
Rhoad                  Rivers                 Rutherford
Scarborough            Scott                  Thompson
Vick                   Weeks                  Whipper

Total--42

So, the amendment was adopted.

Rep. WITHERSPOON proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20199SD05), which was adopted:
Amend the joint resolution, as and if amended, by striking Part I which includes Sections 1 and 2 in its entirety.
Amend the joint resolution further, as and if amended, by adding a new Part immediately after SECTION 2 in Part I to be appropriately numbered to read:

/Part ____
Secretary of State

SECTION   ____.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION   ____.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the secretary must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.

Rep. WITHERSPOON explained the amendment.

Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.

Rep. MERRILL moved cloture on the entire matter.

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

Yeas 70; Nays 47

Those who voted in the affirmative are:

Altman                 Bailey                 Ballentine
Barfield               Bingham                Bowers
Brady                  Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Leach
Limehouse              Littlejohn             Loftis
Mahaffey               Martin                 McGee
Merrill                Norman                 Owens
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Toole
Townsend               Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Battle
Branham                Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Emory                  Funderburk
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jefferson
Jennings               Kirsh                  Lee
Lucas                  Mack                   McCraw
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Perry
Phillips               Rhoad                  Rivers
Rutherford             Scott                  F. N. Smith
J. E. Smith            Thompson               Tripp
Weeks                  Whipper

Total--47

So, cloture was ordered.

Rep. SCOTT moved that the House do now adjourn.

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

Yeas 24; Nays 81

Those who voted in the affirmative are:

Allen                  Anderson               Anthony
Breeland               R. Brown               Funderburk
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Lee                    Mack                   McLeod
Moody-Lawrence         J. H. Neal             Perry
Phillips               Rhoad                  Rivers
Scott                  J. E. Smith            Weeks

Total--24

Those who voted in the negative are:

Agnew                  Altman                 Bailey
Bales                  Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  G. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Hiott                  Huggins                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 Merrill
Miller                 Neilson                Norman
Owens                  E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
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
Vaughn                 Vick                   Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--81

So, the House refused to adjourn.

Rep. OTT spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 60; Nays 55

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Bailey                 Bales                  Battle
Branham                Breeland               G. Brown
R. Brown               Chellis                Clark
Clyburn                Coleman                Cooper
Dantzler               Edge                   Frye
Funderburk             Harrell                Harrison
Hayes                  Hinson                 Hiott
Hosey                  Howard                 Jennings
Leach                  Lee                    Limehouse
Lucas                  Mack                   Martin
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             Neilson
Ott                    Owens                  Phillips
M. A. Pitts            Rhoad                  Rice
Scott                  Skelton                F. N. Smith
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vick                   Weeks                  Whipper
White                  Whitmire               Witherspoon

Total--60

Those who voted in the negative are:

Allen                  Anthony                Ballentine
Barfield               Bingham                Bowers
Brady                  Cato                   Ceips
Chalk                  Clemmons               Cobb-Hunter
Cotty                  Davenport              Delleney
Emory                  Hagood                 Haley
Hamilton               Hardwick               Haskins
Herbkersman            J. Hines               M. Hines
Huggins                Jefferson              Kirsh
Littlejohn             Loftis                 Mahaffey
McCraw                 McGee                  J. M. Neal
Norman                 Parks                  Perry
Pinson                 E. H. Pitts            Rivers
Rutherford             Simrill                Sinclair
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Vaughn
Viers                  Walker                 Wilkins
Young

Total--55

So, the amendment was adopted.

Rep. HAGOOD proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\10570MM05), which was tabled:
Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting:
/ PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE AND THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THESE PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
Be it enacted by the General Assembly of the State of South Carolina:

Part I
Commissioner of Agriculture

SECTION   1.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of the provisions of this paragraph, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION   2.   The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision, the commissioner must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part II
Secretary of State

SECTION   3.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the Secretary of State must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION   4.   The proposed amendment in Section 3 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the secretary must be appointed by the Governor, with the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Part III
Superintendent of Education and
State Board of Education

SECTION   5.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the Superintendent of Education must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason."
SECTION   6.   The proposed amendment in Section 5 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of this provision, the superintendent must be appointed by the Governor, upon the advice and consent of the Senate and House of Representatives, to serve at his pleasure and to be removable by him for any reason?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION   7.   It is proposed that Section 1, Article XI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Effective upon the State Superintendent of Education being appointed by the Governor as provided in this Constitution, the State Board of Education is abolished."
SECTION   8.   The proposed amendment in Section 7 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1, Article XI of the Constitution of this State, relating to the State Board of Education, be amended so as to abolish the board effective upon the State Superintendent of Education being appointed by the Governor?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

Rep. HARRISON spoke against the amendment.

Rep. HARRISON moved to table the amendment.

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

Yeas 60; Nays 57

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anthony                Bales                  Ballentine
Barfield               Brady                  Cato
Ceips                  Chellis                Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Funderburk
Haley                  Hamilton               Hardwick
Harrison               Herbkersman            Hinson
Hiott                  Leach                  Lee
Martin                 McLeod                 Merrill
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Owens                  Perry
Phillips               M. A. Pitts            Rice
Sandifer               Skelton                F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Stewart                Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Whitmire
Wilkins                Witherspoon            Young

Total--60

Those who voted in the negative are:

Anderson               Bailey                 Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               R. Brown
Chalk                  Clark                  Clyburn
Cobb-Hunter            Frye                   Hagood
Harrell                Hayes                  J. Hines
M. Hines               Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Limehouse
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               McCraw
McGee                  Miller                 Norman
Ott                    Parks                  Pinson
E. H. Pitts            Rhoad                  Rivers
Rutherford             Scarborough            Scott
Simrill                Sinclair               D. C. Smith
G. M. Smith            W. D. Smith            Talley
Tripp                  Vick                   Walker
Weeks                  Whipper                White

Total--57

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name COUNCIL\MS\7131AHB05), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered part to read:

/   Part ____
Adjutant General

SECTION   1.   (A)   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Adjutant General serving on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, upon the advice and consent of the Senate. The term of office must be for four years, coterminous with that of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General may be removed from office."

(B)   It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:

"Section 4.   There shall must be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other state officers, who shall rank as Brigadier General, and whose duties and compensation shall be are prescribed by law. The Governor shall, by and with the advice and consent of the Senate, shall appoint such other staff officers as the General Assembly may direct.

Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor in the manner provided in Section 7, Article VI."
SECTION   2.   The proposed amendments in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers and Section 4, Article XIII relating to the Adjutant General and his staff officers be amended so as to update references to his title; delete the Adjutant General from the list of state officers which the Constitution requires to be elected; provide that upon the expiration of the term of the Adjutant General serving on the date of the ratification of these provisions, the Adjutant General must be appointed by the Governor with the advice and consent of the Senate for a term of four years, coterminous with that of the Governor; and require the General Assembly to provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General may be removed from office?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. JENNINGS spoke against the amendment.

Rep. OTT moved to recommit the Joint Resolution to the Committee on Judiciary.

Rep. HARRISON moved to table the motion.

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

Yeas 80; Nays 38

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Ballentine             Barfield               Bingham
Bowers                 Brady                  Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Coates
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Hagood                 Haley                  Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Huggins                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Merrill
Neilson                Norman                 Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Vick                   Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--80

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Battle                 Branham
Breeland               G. Brown               R. Brown
Clyburn                Coleman                Emory
Funderburk             Hamilton               J. Hines
M. Hines               Hosey                  Howard
Jefferson              Jennings               Kennedy
Lee                    Mack                   McCraw
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             Ott                    Parks
Phillips               Rivers                 Rutherford
F. N. Smith            J. E. Smith            Tripp
Weeks                  Whipper

Total--38

So, the motion to recommit the Joint Resoution was tabled.

Rep. HARRISON moved to table the amendment.

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

Yeas 82; Nays 35

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bingham                Brady                  Branham
Breeland               G. Brown               Cato
Ceips                  Chellis                Clemmons
Coates                 Cooper                 Cotty
Dantzler               Delleney               Emory
Funderburk             Haley                  Harrison
Haskins                Hayes                  Herbkersman
J. Hines               Hinson                 Hiott
Hosey                  Howard                 Huggins
Jennings               Lee                    Limehouse
Littlejohn             Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Perry                  Phillips               Pinson
E. H. Pitts            Rhoad                  Rice
Sandifer               Scott                  Simrill
Skelton                F. N. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Stewart
Taylor                 Thompson               Toole
Townsend               Umphlett               Vick
Walker                 Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--82

Those who voted in the negative are:

Allen                  Bowers                 R. Brown
Clark                  Clyburn                Cobb-Hunter
Coleman                Davenport              Duncan
Edge                   Frye                   Hagood
Hamilton               Hardwick               Harrell
Jefferson              Kennedy                Kirsh
Loftis                 Mack                   Miller
Parks                  M. A. Pitts            Rivers
Rutherford             Scarborough            Sinclair
D. C. Smith            G. M. Smith            W. D. Smith
Talley                 Tripp                  Vaughn
Viers                  Weeks

Total--35

So, the amendment was tabled.

Rep. J. H. NEAL spoke against the Joint Resolution.

SPEAKER PRO TEMPORE IN CHAIR

Rep. J. H. NEAL continued speaking.
Rep. OTT spoke against the Joint Resolution.

SPEAKER IN CHAIR

Rep. COBB-HUNTER spoke against the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 90; Nays 30

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Ballentine
Barfield               Battle                 Bingham
Bowers                 Brady                  Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            Hinson                 Hiott
Huggins                Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
Merrill                Neilson                Norman
Owens                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--90

Those who voted in the negative are:

Agnew                  Anderson               Branham
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Emory
Harvin                 J. Hines               M. Hines
Hosey                  Howard                 Jefferson
Kennedy                Lee                    Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Rivers                 Rutherford
Scott                  Weeks                  Whipper

Total--30

So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.

RECURRENCE TO THE MORNING HOUR

Rep. W. D. SMITH moved that the House recur to the Morning Hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 3421 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO CONGRATULATE TYRON STUCKS MCFARLAND, JR. OF THE CITY OF COLUMBIA, SOUTH CAROLINA ON BEING NAMED THE THIRTY-FOURTH RINGMASTER FOR THE 135TH EDITION OF THE RINGLING BROTHERS AND BARNUM & BAILEY CIRCUS, AND TO WISH HIM MUCH SUCCESS DURING THIS YEAR'S TOUR OF THE GREATEST SHOW ON EARTH.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 379 (Word version) -- Senator Richardson: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 15, 2005, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICALS IN OUR STATE.

Whereas, municipalities derive their power from the state constitution and laws adopted by the General Assembly; and

Whereas, there are 268 duly incorporated municipalities within the State; and with 1.4 million or 35 percent of the state's population residing within municipalities; and

Whereas, it is estimated that over one million people reside in urbanized areas surrounding the incorporated municipalities; and

Whereas, all municipalities large and small are considered the hometown for its residents, providing a sense of place and spirit of community to all within and around its municipal boundaries; and

Whereas, municipalities provide essential services such as law enforcement, fire protection, health and sanitation, recreation, and growth and development controls to protect and enhance the quality of life for all of the citizens of the State; and

Whereas, there are 1,584 mayors and municipal council members that have been duly elected by the residents of their hometown to implement policies and procedures to carry out the responsibility for providing these essential services; and

Whereas, there are over 17,000 hardworking, dedicated employees of the 268 municipalities that are charged with carrying out the policies and procedures enacted by the municipal councils to provide the essential services to its citizens; and

Whereas, municipalities are economic engines of the State, which drive the economy of the immediate region; and

Whereas, healthy, financially sound, and economically strong municipalities are essential to the health and welfare of the State. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly, by this resolution, declare Tuesday, February 15, 2005, as "South Carolina Hometown Day" in order to recognize and honor the many outstanding municipal officials in our State.

Be it further resolved that a copy of this resolution be presented to Thomas D. Peeples, Mayor of the Town of Hilton Head Island and the 2005 President of the Municipal Association of South Carolina.

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

INTRODUCTION OF BILLS

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

H. 3422 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 12-6-3385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDITS, SO AS TO EXCLUDE AN INDIVIDUAL WHO IS A HOPE SCHOLARSHIP RECIPIENT FROM THE DEFINITION OF "STUDENT".
Referred to Committee on Ways and Means

H. 3423 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FOR TECHNICAL COLLEGES AND TWO-YEAR INSTITUTIONS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS DUALLY ENROLLED IN AN ELIGIBLE TWO-YEAR INSTITUTION IS NOT REQUIRED TO BE DEGREE SEEKING AND IS NOT REQUIRED TO COMPLETE A FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) APPLICATION TO QUALIFY AS A FIRST TIME ENTERING FRESHMAN.
Referred to Committee on Ways and Means

H. 3424 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT REQUIRING A PARENT TO PROVIDE HEALTH INSURANCE COVERAGE FOR A CHILD, SO AS TO PROVIDE THAT IN CHILD SUPPORT CASES ENFORCED BY THE DEPARTMENT OF SOCIAL SERVICES, THE DIVISION MUST USE THE NATIONAL MEDICAL SUPPORT NOTICE PROMULGATED BY FEDERAL LAW.
Referred to Committee on Judiciary

H. 3425 (Word version) -- Reps. Scarborough and Altman: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO THE ISSUANCE OF A CORPORATE CERTIFICATE FOR A PROPOSED MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT NO PART OF THE PROPOSED MUNICIPALITY IS WITHIN FIVE MILES OF THE BOUNDARY OF AN ACTIVE INCORPORATED MUNICIPALITY.
Referred to Committee on Judiciary

H. 3426 (Word version) -- Reps. Scarborough and Altman: A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE "CONTIGUITY" FOR PURPOSES OF A MUNICIPAL INCORPORATION.
Referred to Committee on Judiciary

Rep. SCOTT 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. 3123 (Word version) -- Reps. Clemmons, Viers and Toole: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF BEACH MUSIC TO THE CITIZENS OF SOUTH CAROLINA AND THE FUN AND ENTERTAINMENT IT PROVIDES, AND TO PROCLAIM APRIL 13, 2005, AS "BEACH MUSIC DAY" IN SOUTH CAROLINA.

H. 3282 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE NEWLY FORMED SOUTH CAROLINA JUMP$TART COALITION FOR PERSONAL FINANCIAL LITERACY AND RECOGNIZE APRIL 11-15, 2005, AS "SOUTH CAROLINA FINANCIAL LITERACY WEEK".

H. 3283 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE DENTAL CARE PROVIDERS AND AUXILIARIES IN SOUTH CAROLINA WHO PROVIDE FREE DENTISTRY TO THE NEEDIEST CHILDREN IN THE STATE ON THE FIRST FRIDAY OF FEBRUARY EACH YEAR AND TO RECOGNIZE FRIDAY, FEBRUARY 4, 2005, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY".

H. 3293 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS CADMUS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 22, 2005.

H. 3375 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME AND OUR BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM FRANCE PARTICIPATING IN THE STUDENT EXCHANGE PROGRAM WITH J. L. MANN HIGH SCHOOL.

ADJOURNMENT

At 2:00 p.m. the House, in accordance with the motion of Rep. TAYLOR, adjourned in memory of Charles M. Culbertson II of Laurens County, to meet at 10:00 a.m. tomorrow.

***

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