South Carolina General Assembly
118th Session, 2009-2010
Journal of the House of Representatives

Tuesday, March 3, 2009
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Representative J. R. SMITH, as follows:

Our thought for today is from Isaiah 6:8: "Also I heard the voice of the Lord, saying, Whom shall I send, and who will go for us? Then said I, Here am I; send me."
Let us pray. All wise and generous Lord, may we listen to Your voice today. Whom shall I send? We are here to serve our State, our people, and our nation. Listen, there is hope for us today. Listen, there is hope forever. Listen for hope of a better tomorrow, hope for eternity. Hear us, O Lord, as we pray. Amen.

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

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

MOTION ADOPTED

Rep. LIMEHOUSE moved that when the House adjourns, it adjourn in memory of Milton Adams of Charleston, which was agreed to.

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., February 25, 2009
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith a reappointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Local Appointment

York County Master-in-Equity
Term Commencing: June 30, 2009
Term Expiring: June 30, 2015
Seat: Master-in-Equity

Reappointment
The Honorable S. Jackson Kimball III
2153 Mingus Lane
York, South Carolina 29745

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3581 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO FURTHER PROVIDE FOR FISCAL YEAR 2009-2010 FOR THE FUNCTIONS AND FUNDING OF CERTAIN LOCAL GOVERNMENT MATTERS.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3560 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2009, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference

H. 3561 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE REVENUES FOR THE OPERATIONS OF STATE GOVERNMENT FOR FISCAL YEAR 2009-2010 TO SUPPLEMENT APPROPRIATIONS MADE FOR THOSE PURPOSES BY THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2009-2010.
Without Reference

H. 3641 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT'S AUTHORITY AND RESPONSIBILITIES WITH REGARD TO ARRESTS IN AND INVESTIGATIONS OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE THE INVESTIGATING AGENCY TO DOCUMENT THE INVESTIGATION AND TO MAINTAIN THE INVESTIGATION REPORT.
Referred to Committee on Judiciary

H. 3642 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 16-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, PENALTIES, AND PROSECUTION, SO AS TO PROVIDE THAT A JUDGE MAY PROCEED WITH THE PROSECUTION OF A CASE IF THE VICTIM IS NOT PRESENT AND TO PROVIDE THAT BEFORE DISMISSING A CASE, THE JUDGE SHALL MAKE WRITTEN FINDINGS AS TO WHETHER THE PROSECUTING OFFICIAL IS PREPARED TO PROSECUTE THE CASE AND THE TYPE OF EVIDENCE THAT WILL BE PRESENTED.
Referred to Committee on Judiciary

H. 3643 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1030 SO AS TO ESTABLISH THE CRIMINAL FELONY OFFENSE OF STRANGULATION AND THE CRIMINAL FELONY OFFENSE OF SMOTHERING AND TO PROVIDE PENALTIES; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO PROVIDE THAT STRANGULATION AND SMOTHERING ARE BOTH CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO DEFINE SERIOUS BODILY INJURY AND PETECHIA.
Referred to Committee on Judiciary

H. 3645 (Word version) -- Reps. T. R. Young, Merrill, Hardwick, J. R. Smith, D. C. Smith, Haley, Erickson, Stringer, Stewart, G. R. Smith, Harrison, Gullick, Nanney, Cato, Huggins, Crawford, Spires, Allison, Ballentine, Bannister, Bedingfield, Bingham, Clyburn, Cole, Forrester, Hamilton, Harrell, Hearn, Herbkersman, Horne, Hosey, King, Limehouse, Long, Millwood, Parker, E. H. Pitts, Sandifer, Scott, Sellers, Simrill, Sottile, Toole, White, Wylie and A. D. Young: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS TO WHOM THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE A DRIVER'S LICENSE OR PERMIT, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MAY NOT BE ISSUED TO A PERSON WHO IS UNDER EIGHTEEN YEARS OLD OR A PERSON WHO HOLDS A CONDITIONAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-176, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE, TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED; BY ADDING SECTION 56-1-177 SO AS TO PROVIDE THAT A MINOR'S PRIVILEGE TO DRIVE MUST BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE FOR THE REINSTATEMENT OF A DRIVER'S LICENSE THAT HAS BEEN SUSPENDED; TO AMEND SECTION 56-1-180, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE MAXIMUM AGE OF A PERSON WHO MAY BE ISSUED THIS DRIVER'S LICENSE; TO AMEND SECTION 59-65-10, RELATING TO COMPULSORY SCHOOL ATTENDANCE, SO AS TO PROVIDE THAT A CHILD MUST ATTEND SCHOOL UNTIL HE ATTAINS THE AGE OF EIGHTEEN; TO AMEND SECTION 63-19-20, RELATING TO DEFINITIONS OF THE CHILDREN'S CODE, SO AS TO DEFINE "CHILD" FOR THE PURPOSE OF TRUANCY AS A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE; TO AMEND SECTION 63-19-1030, RELATING TO PREHEARING INQUIRY AND INVESTIGATION IN PROCEEDINGS AGAINST A CHILD, SO AS TO SPECIFY HOW COURT DOCUMENTS FOR TRUANCY PETITIONS MUST BE TITLED; TO AMEND SECTION 63-19-1420, RELATING TO SUSPENSION OR RESTRICTION OF A CHILD'S DRIVER'S LICENSE, SO AS TO PROVIDE THAT A COURT MAY RESTRICT THE DRIVER'S LICENSE OF A CHILD WHO IS ADJUDICATED DELINQUENT FOR TRUANCY; AND TO AMEND SECTION 63-19-1440, RELATING TO COMMITMENT OF A CHILD, SO AS TO PROVIDE THAT A CHILD MAY BE COMMITTED FOR A VIOLATION OF A COURT ORDER TO ATTEND SCHOOL PRIOR TO THE CHILD'S EIGHTEENTH BIRTHDAY.
Referred to Committee on Education and Public Works

H. 3648 (Word version) -- Rep. Crawford: A BILL TO AMEND SECTION 44-63-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRTH CERTIFICATES FOR ADOPTED CHILDREN OR ADULTS INCLUDING FOREIGN ADOPTIONS, SO AS TO DELETE THE PROVISION REQUIRING A STATEMENT ON A CERTIFICATE OF FOREIGN BIRTH THAT THE CERTIFICATE IS NOT EVIDENCE OF UNITED STATES CITIZENSHIP.
Referred to Committee on Judiciary

H. 3649 (Word version) -- Reps. Hiott, Rice, Skelton and Owens: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 2, 2009, BY THE STUDENTS OF THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
On motion of Rep. RICE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3650 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-380 SO AS TO PROVIDE THAT THE OPTIONAL ALCOHOL EXCLUSION PROVISION CONTAINED IN CERTAIN INSURANCE POLICIES THAT REQUIRE THE REPLICATION OF EXACT LANGUAGE AS PROVIDED IN SECTION 38-71-370 DOES NOT APPLY TO A MEDICAL EXPENSE POLICY, AND TO DEFINE MEDICAL EXPENSE POLICY.
Referred to Committee on Labor, Commerce and Industry

H. 3651 (Word version) -- Reps. Duncan, Umphlett, Anthony, Knight and Forrester: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-205 SO AS TO LIMIT THE AUTHORITY OF COUNTIES AND MUNICIPALITIES TO RESTRICT OR REGULATE CERTAIN FORESTRY ACTIVITIES, AND TO PROVIDE THE TERMS AND CONDITIONS OF CERTAIN PERMITTED REGULATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3652 (Word version) -- Reps. Duncan, Clemmons, Agnew, Cooper, Gambrell, M. A. Pitts, Umphlett, Viers and White: A BILL TO AMEND SECTION 23-31-205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME OF THE ACT THAT ALLOWS THE STATE LAW ENFORCEMENT DIVISION TO ISSUE CONCEALED WEAPON PERMITS, SO AS TO CHANGE THE NAME OF THE ACT FROM THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996" TO THE "SOUTH CAROLINA WELL-REGULATED MILITIA ACT".
Referred to Committee on Judiciary

H. 3653 (Word version) -- Rep. McLeod: A JOINT RESOLUTION TO DELAY IMPLEMENTATION OF THE PROVISIONS OF ACT 270 OF 2008, RELATING TO THE REQUIREMENT THAT MUNICIPAL COURT JURY LISTS INCLUDE OTHERWISE QUALIFIED RESIDENTS OF THE MUNICIPALITY WHO HOLD A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO POSTPONE THIS EXPANSION OF THE MUNICIPAL COURT JURY LIST UNTIL DECEMBER 31, 2009.
Referred to Committee on Judiciary

H. 3654 (Word version) -- Reps. Scott, Erickson, Daning, Dillard, Hamilton, Herbkersman, Horne and A. D. Young: A BILL TO AMEND SECTION 8-15-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL STATE SALARY SUPPLEMENTS FOR COUNTY GOVERNMENT OFFICIALS, SO AS TO PROVIDE THOSE CIRCUMSTANCES WHEN THE OFFICE BUDGETS FOR THESE OFFICIALS MAY BE REDUCED BY THE GOVERNING BODY OF THE COUNTY WITHOUT RESULTING IN A REDUCTION IN FUNDS DISTRIBUTED TO THE COUNTY PURSUANT TO THE STATE AID TO SUBDIVISIONS ACT.
Referred to Committee on Ways and Means

S. 442 (Word version) -- Senators Ryberg and Massey: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
Referred to Aiken Delegation

S. 473 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 387 OF 2008, RELATING TO THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT, SO AS TO PROVIDE THAT A MEMBER OF THE SUMTER CONSOLIDATION TRANSITION COMMITTEE WHO HAS BEEN DISMISSED, SUSPENDED FROM HIS POSITION, OR DEMOTED, OR RECEIVES ANY DIRECT OR INDIRECT THREATS IN CONNECTION WITH HIS DECISIONS OR ACTIONS ON BEHALF OF THE COMMITTEE MAY INSTITUTE A NONJURY CIVIL ACTION AGAINST SUMTER SCHOOL DISTRICT 2 OR SUMTER SCHOOL DISTRICT 17 OR THEIR SUCCESSORS FOR CERTAIN DAMAGES.
On motion of Rep. G. M. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

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

H. 3644 (Word version) -- Reps. Delleney, Clemmons and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MARCH 25, 2009, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2009.

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

That the House of Representatives and the Senate shall meet in joint assembly in the hall of the House of Representatives Wednesday, March 25, 2009, at noon to elect a successor to the Honorable Kenneth G. Goode, Judge of the Circuit Court, at-large, Seat 8, whose term expires June 30, 2009.

Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

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

HOUSE RESOLUTION

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

H. 3646 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO DECLARE WEDNESDAY, MARCH 4, 2009, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.

Whereas, the Educational Talent Search Program at the University of South Carolina encourages middle school and high school students to complete their secondary education and to pursue completion of postsecondary degrees; and

Whereas, the Educational Talent Search Program serves to prepare students of tomorrow with skills and knowledge that will enable them to become productive and contributing members of society; and

Whereas, a key component of student success is the use of etiquette and decorum that allows students to respond appropriately in familiar and unfamiliar situations and helps them build self-confidence and self-esteem; and

Whereas, the eighth-grade curriculum focuses on etiquette during the month of February and culminates with an etiquette luncheon on Wednesday, March 4, 2009, designed to provide students an opportunity to implement what they have learned in a practical setting; and

Whereas, the lessons learned by these students are lessons all South Carolinians would benefit from learning. Now, therefore,

Be it resolved by the House of Representatives:

That the South Carolina House of Representatives, by this resolution, declares Wednesday, March 4, 2009, as "Etiquette Day in South Carolina" and commends the University of South Carolina's Educational Talent Search Program and its participants for their outstanding achievements and progress in becoming productive citizens.

Be it further resolved that a copy of this resolution be forwarded to Dr. Paul L. Beasley, director of the TRIO Program at the University of South Carolina.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3647 (Word version) -- Reps. Bales, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND BETTY JEAN ULMER MCGREGOR OF RICHLAND COUNTY AS AN EXTRAORDINARY MOTHER OF FIVE CHILDREN, AND TO CONGRATULATE HER UPON THE OCCASION OF BEING NAMED 2009 SOUTH CAROLINA MOTHER OF THE YEAR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 508 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE MARTHA HELEN KENNEDY OF LEXINGTON COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 514 (Word version) -- Senators McConnell, Ford and Knotts: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MARCH 25, 2009, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2009.

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

That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives Wednesday, March 25, 2009, at Noon to elect a successor to the Honorable Kenneth G. Goode, Judge of the Circuit Court, At-Large, Seat 8, whose term expires June 30, 2009.

Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

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

ROLL CALL

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

Alexander              Allen                  Allison
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowen
Branham                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Chalk
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Daning                 Delleney               Dillard
Duncan                 Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Gullick                Gunn
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Hayes                  Hearn
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Howard
Huggins                Hutto                  Jefferson
Kelly                  Kennedy                King
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
McEachern              McLeod                 Merrill
Miller                 Millwood               Mitchell
Moss                   Nanney                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parker                 Parks
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scott
Sellers                Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Stringer               Thompson               Toole
Umphlett               Viers                  Weeks
White                  Whitmire               Williams
Willis                 Wylie                  T. R. Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 3.

Paul Agnew                        William Bowers
Joan Brady                        Wendell Gilliard
Jerry Govan                       David Mack
Annette Young                     Ted Vick
Jackson "Seth" Whipper

Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. BEDINGFIELD a leave of absence for the week.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNIGHT a leave of absence for today due to illness.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KIRSH a leave of absence due to a death in the family.

DOCTOR OF THE DAY

Announcement was made that Dr. March Seabrook of West Columbia was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or 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. 3063 (Word version)
Date:   ADD:
03/03/09   JEFFERSON

CO-SPONSOR ADDED

Bill Number:   H. 3303 (Word version)
Date:   ADD:
03/03/09   DANING

CO-SPONSOR ADDED

Bill Number:   H. 3372 (Word version)
Date:   ADD:
03/03/09   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3540 (Word version)
Date:   ADD:
03/03/09   ALLISON

CO-SPONSOR ADDED

Bill Number:   H. 3600 (Word version)
Date:   ADD:
03/03/09   KING

CO-SPONSOR REMOVED

Bill Number:   H. 3566 (Word version)
Date:   REMOVE:
03/03/09   GAMBRELL

CO-SPONSOR REMOVED

Bill Number:   H. 3303 (Word version)
Date:   REMOVE:
03/03/09   BRANHAM

H. 3270--DEBATE ADJOURNED

The following Bill was taken up:

H. 3270 (Word version) -- Reps. Duncan, Hodges, Allison, Parker, Weeks, Wylie and Whipper: A BILL TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO ESTABLISH NEW ANNUAL RENEWAL FEES AND TO REQUIRE THAT THE ADDITIONAL REVENUE GENERATED FROM THE TANK FEE INCREASES BE DEPOSITED INTO THE SUPERB ACCOUNT.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (COUNCIL\GJK\20133CM09):
Amend the bill, as and if amended, by striking Section 44-2-60(A) of the 1976 Code, as contained in SECTION 1, and inserting:
/   (A)   The owner or operator of an underground storage tank which stores or is intended to store a regulated substance shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred dollars a tank; however, the department may prorate the initial registration fees on a daily basis for underground storage tanks installed on or after July 1, 1997. The owner or operator shall pay to the department an annual renewal fee of one hundred dollars a tank a year. Beginning January 1, 2010, the annual renewal fee for each tank will be as follows:

(1)   2010 - two hundred dollars;

(2)   2011 - three hundred dollars;

(3)   2012 - four hundred dollars; and

(4)   2013 - five hundred dollars.

The additional revenue generated from the tank fee increases listed above must be deposited into the SUPERB account. No portion of the increases may be used by the department for administration of the program.

When the SUPERB account is credited with an additional thirty-six million dollars from the increase in tank fees, general appropriations, settlements, or other sources of funds, or declared insolvent, the tank registration fee shall revert to one hundred dollars annually for each tank beginning January first of the next year.   /
Renumber sections to conform.
Amend title to conform.

Rep. HIOTT explained the amendment.

Rep. HIOTT moved to adjourn debate on the Bill, which was adopted.

ORDERED TO THIRD READING

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

H. 3616 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE YORK TECHNICAL COLLEGE ENTERPRISE CAMPUS, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

H. 3627 (Word version) -- Reps. Miller and Anderson: A BILL TO AMEND SECTION 59-67-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF BOATS OPERATED BY THE STATE DEPARTMENT OF EDUCATION FOR THE TRANSPORTATION OF SCHOOL CHILDREN FROM ISLANDS TO MAINLAND SCHOOLS BY CERTAIN OTHER PERSONS, SO AS TO FURTHER PROVIDE FOR THE OPERATION OF THESE BOATS BY THE DEPARTMENT ON SANDY ISLAND, FOR USE OF THESE BOATS BY SPECIFIED PERSONS, AND THE PROCEDURES APPLICABLE FOR USE.

H. 3067--SENT TO THE SENATE

The following Bill was taken up:

H. 3067 (Word version) -- Reps. Clemmons, Brady, M. A. Pitts, Merrill, Wylie, Bingham, Viers, Harrell, Owens, Nanney and Bedingfield: A BILL TO AMEND SECTION 7-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF NOMINATING CANDIDATES, SO AS TO PROHIBIT A CANDIDATE FROM FILING MORE THAN ONE STATEMENT OF INTENTION OF CANDIDACY FOR A SINGLE ELECTION, AND TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY FOR A SINGLE OFFICE IN AN ELECTION; AND TO AMEND SECTION 7-13-320, RELATING TO BALLOTS AND SPECIFICATIONS, SO AS TO PROHIBIT A CANDIDATE'S NAME FROM APPEARING ON THE BALLOT MORE THAN ONCE.

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

Yeas 71; Nays 41

Those who voted in the affirmative are:

Allison                Anthony                Ballentine
Bannister              Barfield               Bingham
Bowen                  Brady                  Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Moss                   Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Stringer               Thompson               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--71

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Battle
Bowers                 Branham                Brantley
G. A. Brown            H. B. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Hutto                  Jefferson
Kennedy                King                   Mack
McEachern              McLeod                 Miller
Mitchell               J. H. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                J. E. Smith            Vick
Weeks                  Williams

Total--41

So, the Bill, as amended, was read the third time and ordered sent to the Senate.

RECORD FOR VOTING

My electronic voting card failed to work properly when the House voted upon the passage of H. 3067. I would have voted in favor of giving third reading to the Bill.

Rep. Mike Forrester

H. 3418--SENT TO THE SENATE

The following Bill was taken up:

H. 3418 (Word version) -- Reps. Harrell, Simrill, Crawford, Huggins, Bedingfield, Merrill, G. R. Smith, Erickson, Ballentine, Brady, Chalk, Daning, Delleney, Frye, Gambrell, Hamilton, Harrison, Hearn, Herbkersman, Loftis, Long, Lucas, Nanney, Pinson, Rice, G. M. Smith, Spires, Stringer, Thompson, Viers, Willis, Wylie, T. R. Young, Clemmons, Owens, Parker, Toole, M. A. Pitts, Lowe, Bingham, Umphlett, Sandifer and Edge: A BILL TO AMEND SECTION 7-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESENTATION OF A PERSON'S PROOF OF HIS RIGHT TO VOTE, SO AS TO REQUIRE THE ELECTOR TO PRODUCE A VALID PHOTO IDENTIFICATION CARD AT THE TIME OF COSTING HIS BALLOT, TO REQUIRE A POLL MANAGER TO COMPARE THE PHOTOGRAPH ON THE REQUIRED IDENTIFICATION WITH THE PERSON PRESENTING HIMSELF TO VOTE AND VERIFY THAT THE PHOTOGRAPH IS THAT OF THE PERSON SEEKING TO VOTE.

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

Yeas 67; Nays 44

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bingham                Bowen
Brady                  Chalk                  Clemmons
Cole                   Cooper                 Crawford
Daning                 Delleney               Duncan
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Millwood
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scott
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stewart
Stringer               Thompson               Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--67

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Clyburn                Dillard                Funderburk
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Kennedy                King
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             Neilson                Ott
Parks                  Rutherford             Sellers
J. E. Smith            Stavrinakis            Vick
Weeks                  Williams

Total--44

So, the Bill, as amended, was read the third time and ordered sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. HIOTT moved that the House recur to the morning hour, which was agreed to.

H. 3270--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3270 (Word version) -- Reps. Duncan, Hodges, Allison, Parker, Weeks, Wylie and Whipper: A BILL TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO ESTABLISH NEW ANNUAL RENEWAL FEES AND TO REQUIRE THAT THE ADDITIONAL REVENUE GENERATED FROM THE TANK FEE INCREASES BE DEPOSITED INTO THE SUPERB ACCOUNT.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (COUNCIL\GJK\20133CM09), which was adopted:
Amend the bill, as and if amended, by striking Section 44-2-60(A) of the 1976 Code, as contained in SECTION 1, and inserting:
/   (A)   The owner or operator of an underground storage tank which stores or is intended to store a regulated substance shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred dollars a tank; however, the department may prorate the initial registration fees on a daily basis for underground storage tanks installed on or after July 1, 1997. The owner or operator shall pay to the department an annual renewal fee of one hundred dollars a tank a year. Beginning January 1, 2010, the annual renewal fee for each tank will be as follows:

(1)   2010 - two hundred dollars;

(2)   2011 - three hundred dollars;

(3)   2012 - four hundred dollars; and

(4)   2013 - five hundred dollars.

The additional revenue generated from the tank fee increases listed above must be deposited into the SUPERB account. No portion of the increases may be used by the department for administration of the program.

When the SUPERB account is credited with an additional thirty-six million dollars from the increase in tank fees, general appropriations, settlements, or other sources of funds, or declared insolvent, the tank registration fee shall revert to one hundred dollars annually for each tank beginning January first of the next year.   /
Renumber sections to conform.
Amend title to conform.

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

Yeas 103; Nays 5

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Chalk
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Daning                 Dillard                Duncan
Forrester              Frye                   Funderburk
Gambrell               Govan                  Gullick
Gunn                   Hamilton               Hardwick
Harrell                Harrison               Harvin
Hearn                  Herbkersman            Hiott
Hodges                 Horne                  Hosey
Huggins                Hutto                  Jefferson
Kelly                  King                   Limehouse
Littlejohn             Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Miller                 Millwood
Mitchell               Moss                   Nanney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parker
Parks                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scott                  Sellers
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stewart                Stringer
Thompson               Toole                  Umphlett
Vick                   Viers                  Weeks
White                  Whitmire               Williams
Willis                 Wylie                  A. D. Young
T. R. Young

Total--103

Those who voted in the negative are:

Erickson               Haley                  Hayes
Simrill                Stavrinakis

Total--5

So, the amendment was adopted.

The question then recurred to the passage of the Bill on second reading.

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

Yeas 92; Nays 5

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bales                  Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Chalk                  Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Daning                 Delleney               Dillard
Duncan                 Forrester              Funderburk
Gambrell               Govan                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Hayes                  Hearn
Hiott                  Hodges                 Horne
Hosey                  Huggins                Hutto
Jefferson              Kelly                  King
Limehouse              Littlejohn             Long
Lowe                   Lucas                  Mack
McEachern              McLeod                 Millwood
Mitchell               Moss                   Nanney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parker
Parks                  Pinson                 E. H. Pitts
Rice                   Sandifer               Scott
Sellers                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Thompson               Toole                  Umphlett
Vick                   Viers                  White
Whitmire               Williams               Willis
Wylie                  T. R. Young

Total--92

Those who voted in the negative are:

Erickson               Haley                  Merrill
Simrill                Stavrinakis

Total--5

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

H. 3508 -- ADOPTED

The following House Resolution was taken up:

H. 3508 (Word version) -- Reps. Barfield, Sandifer, Cato, Ott, Duncan, Pinson, Vick, Brantley, Lucas, Alexander, Erickson, Hardwick, Hiott, Moss, Haley, Jefferson, Allen, Bowen, Edge, Allison, Anthony, Bales, Ballentine, Bannister, Battle, Bowers, Brady, Branham, G. A. Brown, Clemmons, Cole, Cooper, Crawford, Daning, Delleney, Forrester, Gambrell, Gilliard, Gullick, Hamilton, Harrison, Hayes, Herbkersman, Hodges, Horne, Hutto, Kelly, Knight, Littlejohn, Long, Lowe, Mack, Miller, Mitchell, Nanney, J. M. Neal, Neilson, Owens, Parker, E. H. Pitts, M. A. Pitts, Rice, Scott, D. C. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Spires, Toole, Umphlett, Viers, Weeks, White, Whitmire, Williams, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO ADDRESS THE ISSUE OF GLOBAL CLIMATE CHANGE THROUGH THE ADOPTION OF A FAIR AND EFFECTIVE APPROACH THAT SAFEGUARDS AMERICAN JOBS, ENSURES AFFORDABLE ENERGY FOR CITIZENS, AND MAINTAINS AMERICA'S GLOBAL COMPETITIVENESS.

The Resolution was adopted.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. LITTLEJOHN.

H. 3084--REJECTED

The following Bill was taken up:

H. 3084 (Word version) -- Reps. Toole, Wylie and Hamilton: A BILL TO AMEND SECTION 57-3-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMING OF A HIGHWAY FACILITY IN HONOR OF AN INDIVIDUAL, SO AS TO PROVIDE THAT UNLESS THE HIGHWAY FACILITY IS DEDICATED AND NAMED IN HONOR OF EITHER A SERVICEMAN OR LAW ENFORCEMENT OFFICER KILLED IN THE LINE OF DUTY, PUBLIC FUNDS MAY NOT BE USED TO REIMBURSE THE DEPARTMENT OF TRANSPORTATION FOR THE EXPENSES IT INCURS TO NAME AND DEDICATE THE HIGHWAY FACILITY.

Rep. TOOLE explained the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 54; Nays 59

Those who voted in the affirmative are:

Agnew                  Allison                Ballentine
Bannister              Barfield               Bingham
Bowen                  Brady                  Chalk
Cole                   Crawford               Daning
Duncan                 Erickson               Forrester
Frye                   Funderburk             Gambrell
Gullick                Gunn                   Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Hearn
Huggins                Kelly                  Littlejohn
Long                   Lowe                   Miller
Millwood               Moss                   Nanney
Owens                  Parker                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scott                  D. C. Smith            G. R. Smith
J. R. Smith            Spires                 Stewart
Stringer               Toole                  Viers
Willis                 Wylie                  T. R. Young

Total--54

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Battle
Branham                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Clemmons
Clyburn                Cobb-Hunter            Delleney
Dillard                Gilliard               Govan
Hayes                  Herbkersman            Hiott
Hodges                 Horne                  Hosey
Howard                 Hutto                  Jefferson
Kennedy                King                   Limehouse
Lucas                  Mack                   McEachern
McLeod                 Merrill                Mitchell
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Pinson
Rutherford             Sellers                Simrill
Skelton                G. M. Smith            J. E. Smith
Sottile                Stavrinakis            Thompson
Umphlett               Vick                   Weeks
Whipper                White                  Whitmire
Williams               A. D. Young

Total--59

So, the Bill was rejected.

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

ADJOURNMENT

At 3:18 p.m. the House, in accordance with the motion of Rep. LIMEHOUSE, adjourned in memory of Milton Adams of Charleston, to meet at 10:00 a.m. tomorrow.

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