WEDNESDAY, FEBRUARY 28, 2007
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Proverbs 16:22: “Understanding is the fountain of life to those who have it, but folly brings punishment to fools.”
Let us pray. We give thanks to You, Heavenly Father, for the privilege of serving in this House. Give us the strength and courage to discern what is the right thing, the proper thing to do and say to enhance the lives of the folk in South Carolina. Lead us by the hand and give us Your blessing. Look in favor upon our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Protect our defenders of freedom as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Reverend Alfred Holmes of Aiken, which was agreed to.
REPORT OF STANDING COMMITTEE
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3505 -- Reps. Harrell, W.D.Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G.Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E.H.Pitts, M.A.Pitts, Rice, Shoopman, Simrill, Skelton, G.M.Smith, G.R.Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young and Hodges: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; AND TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION.
Ordered for consideration tomorrow.
HOUSE RESOLUTION
The following was introduced:
H. 3593 -- Rep. Vick: A HOUSE RESOLUTION TO CONGRATULATE THE CHERAW HIGH SCHOOL MARCHING BAND ON CAPTURING THE 2006 CLASS AA STATE MARCHING BAND CHAMPIONSHIP TITLE.
The Resolution was adopted.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3594 -- Reps. Neilson, Williams, Lucas and Miller: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ADD A PRINCIPAL, SUPERINTENDENT, OR SUPERVISOR OF CLASSROOM TEACHERS IN THE DEFINITION OF "EDUCATIONAL SERVICE" AS PERSONS WHO MAY PURCHASE EDUCATIONAL SERVICE IN THE SOUTH CAROLINA RETIREMENT SYSTEM.
Referred to Committee on Ways and Means
H. 3595 -- Reps. Clemmons, Haley, Hardwick, Bannister, Barfield, Cato, Ceips, Cooper, Crawford, Dantzler, Duncan, Hagood, Hamilton, Hayes, Herbkersman, Hinson, Jennings, Kirsh, Limehouse, Littlejohn, Lucas, Moss, Neilson, Pinson, M.A.Pitts, Rice, Simrill, G.R.Smith, Umphlett, Vick and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-146 TO ENACT THE "SOUTH CAROLINA LAW ENFORCEMENT SAFETY ACT OF 2007" SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF A VIOLENT CRIME MUST SURRENDER HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD TO THE COURT WHICH MUST TRANSMIT IT TO THE DEPARTMENT OF MOTOR VEHICLES TOGETHER WITH NOTICE OF THE CRIME, TO PROVIDE THAT THE DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD IS CONSIDERED REVOKED AND MUST NOT BE RETURNED TO THE PERSON UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 56-1-148 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLENT CRIME MUST HAVE A SPECIAL UNDEFINED CODE AFFIXED TO THE REVERSE SIDE OF HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD THAT IDENTIFIES THE PERSON AS HAVING BEEN CONVICTED OF A VIOLENT CRIME, TO PROVIDE A FEE TO BE CHARGED FOR AFFIXING THE CODE AND FOR ITS DISTRIBUTION, TO PROVIDE THE INTENT FOR AFFIXING THE CODE, AND TO PROVIDE A PROCESS FOR THE REMOVAL OF THE CODE; TO AMEND SECTION 56-1-80, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT THE APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND ALSO MUST CONTAIN A LIST OF ALL VIOLENT CRIMES; AND TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL IDENTIFICATION CARD BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND ALSO MUST CONTAIN A LIST OF ALL VIOLENT CRIMES.
Referred to Committee on Judiciary
H. 3597 -- Rep. Talley: A BILL TO AMEND SECTION 40-22-225, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY REQUIREMENTS FOR LICENSURE AS A LAND SURVEYOR, SO AS TO PROVIDE THAT A PERSON WHO HAS NOT SATISFACTORILY COMPLIED WITH AN EDUCATION REQUIREMENT OR AN EXAMINATION REQUIRED FOR LICENSURE AS A PROFESSIONAL LAND SURVEYOR IN THIS STATE MAY PETITION THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS.
Referred to Committee on Labor, Commerce and Industry
S. 75 -- Senators Ryberg, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-110, TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS.
Referred to Committee on Ways and Means
S. 235 -- Senators Hayes, Thomas and Knotts: A BILL TO AMEND SECTIONS 34-26-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA CREDIT UNION ACT, SO AS TO REVISE THE DEFINITIONS OF "DEPOSIT ACCOUNT" AND "SHARE ACCOUNT"; 34-26-350, RELATING TO THE PRINCIPAL PLACE OF BUSINESS OF A CREDIT UNION, SO AS TO CLARIFY THAT THE CREDIT UNION MAY ESTABLISH AND CLOSE BRANCHES WITH THE APPROVAL OF THE BOARD OF FINANCIAL INSTITUTIONS; 34-26-420, RELATING TO POWERS INCIDENTAL TO THE PURPOSE OF CREDIT UNIONS, SO AS TO PROVIDE THAT THE POWERS GRANTED BY STATE LAW OR REGULATION TO A STATE-CHARTERED CREDIT UNION NOT EXCEEDING THOSE FOR A FEDERALLY-INSURED FINANCIAL INSTITUTION; 34-26-500, AS AMENDED, RELATING TO THE REQUIREMENTS OF MEMBERSHIP OF A CREDIT UNION, SO AS TO DELETE THE PROVISION THAT A CREDIT UNION PRESENTLY DOES NOT HAVE A CREDIT UNION SERVICE AVAILABLE, AND PROVIDE THAT THE BOARD APPROVAL IS NOT NECESSARY TO ADD GROUPS WITH NOT MORE THAN TWO HUNDRED FIFTY POTENTIAL MEMBERS INSTEAD OF ONE HUNDRED; 34-26-605, RELATING TO THE BOARD OF A CREDIT UNION, SO AS TO PROVIDE THAT THE BYLAWS MAY OFFER THE OPTION OF USING LOAN OFFICERS INSTEAD OF A CREDIT COMMITTEE; 34-26-750, RELATING TO THE OWNERSHIP INTERESTS IN SHARE ACCOUNTS, SO AS TO REQUIRE THAT CREDIT UNION BYLAWS MUST ESTABLISH MEMBERSHIP AND MEMBER'S RIGHT TO VOTE, OBTAIN LOANS, OR HOLD OFFICE; AND 34-26-860, AS AMENDED, RELATING TO THE LIMITATION ON THE SIZE OF LOAN SECURED BY REAL ESTATE, SO AS TO PROVIDE THAT LOAN TERMS FOR RESIDENTIAL DWELLINGS MAY NOT EXCEED FORTY INSTEAD OF THIRTY YEARS, AND TO PROVIDE THAT LOANS FOR CERTIFIED APPRAISALS MUST BE THE SAME AS FOR STATE-CHARTERED BANKS.
Referred to Committee on Labor, Commerce and Industry
S. 268 -- Senators Alexander and Martin: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
Referred to Committee on Judiciary
CONCURRENT RESOLUTION
The following was introduced:
H. 3596 -- Reps. Talley, W.D.Smith, Davenport, F.N.Smith, Duncan, Leach, Bedingfield, Cato, Walker, Taylor, E.H.Pitts, Harrison, Anthony, Bannister, Haskins, Kelly, Littlejohn, Loftis, Mahaffey, Pinson, Shoopman and G.R.Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE SELFLESSNESS AND BRAVERY OF THE UNITED STATES ARMED FORCES AND TO URGE THE SOUTH CAROLINA GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS TO SUPPORT OUR TROOPS AND OUR NATION'S LEADERSHIP IN THE WAR ON TERROR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Agnew / Alexander / AllenAnderson / Anthony / Bales
Bannister / Barfield / Battle
Bedingfield / Bingham / Bowen
Bowers / Brady / Branham
Brantley / Breeland / G.Brown
R.Brown / Cato / Ceips
Chalk / Chellis / Clyburn
Cobb-Hunter / Cooper / Crawford
Dantzler / Delleney / Duncan
Edge / Frye / Funderburk
Gambrell / Gullick / Hagood
Haley / Hamilton / Hardwick
Harrell / Harrison / Harvin
Hayes / Herbkersman / Hinson
Hiott / Hodges / Hosey
Howard / Jefferson / Jennings
Kelly / Kirsh / Knight
Leach / Limehouse / Littlejohn
Loftis / Lowe / Lucas
Mahaffey / McLeod / Merrill
Miller / Moss / Mulvaney
J.M.Neal / Neilson / Owens
Parks / Perry / Phillips
Pinson / E.H.Pitts / M.A.Pitts
Rice / Sandifer / Scarborough
Scott / Sellers / Shoopman
Simrill / Skelton / D.C.Smith
G.M.Smith / G.R.Smith / J.R.Smith
W.D.Smith / Spires / Stavrinakis
Stewart / Talley / Taylor
Thompson / Toole / Umphlett
Vick / Walker / Weeks
White / Whitmire / Williams
Witherspoon / Young
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, February 28.
Alan D. Clemmons / Harry OttChip Huggins / Joseph Neal
David Mack / Harold Mitchell
Bill Cotty / Ralph Davenport
Nathan Ballentine / Chris Hart
Thad Viers / Jerry Govan
Jackson "Seth" Whipper
Creighton Coleman / Gloria Haskins
Total Present--119
LEAVE OF ABSENCE
The SPEAKER granted Rep. KENNEDY a leave of absence for the day.
DOCTOR OF THE DAY
Announcement was made that Dr. Robert R. Morgan, Jr. of Greenville was the Doctor of the Day for the General Assembly.
SPECIAL PRESENTATION
Rep. WALKER presented to the House the Landrum High School "Lady Cardinals" Volleyball Team, the Class A Champions, their coaches and other school officials.
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 cosponsor 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 cosponsor 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 cosponsor’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.3098Date: / ADD:
02/28/07 / SHOOPMAN
CO-SPONSOR ADDED
Bill Number: / H.3136Date: / ADD:
02/28/07 / MAHAFFEY
CO-SPONSOR ADDED
Bill Number: / H.3136Date: / ADD:
02/28/07 / MAHAFFEY
CO-SPONSOR ADDED
Bill Number: / H.3136Date: / ADD:
02/28/07 / ALEXANDER
CO-SPONSOR ADDED
Bill Number: / H.3136Date: / ADD:
02/28/07 / CLYBURN
CO-SPONSOR ADDED
Bill Number: / H.3136Date: / ADD:
02/28/07 / PHILLIPS
CO-SPONSOR ADDED
Bill Number: / H.3136Date: / ADD:
02/28/07 / OWENS
CO-SPONSOR ADDED
Bill Number: / H.3136Date: / ADD:
02/28/07 / LUCAS
CO-SPONSOR ADDED
Bill Number: / H.3136Date: / ADD:
02/28/07 / LOWE
CO-SPONSOR ADDED
Bill Number: / H.3136Date: / ADD:
02/28/07 / DANTZLER
CO-SPONSOR ADDED
Bill Number: / H.3212Date: / ADD:
02/28/07 / VICK
CO-SPONSOR ADDED
Bill Number: / H.3212Date: / ADD:
02/28/07 / DUNCAN
CO-SPONSOR ADDED
Bill Number: / H.3212Date: / ADD:
02/28/07 / MULVANEY
CO-SPONSOR ADDED
Bill Number: / H.3284Date: / ADD:
02/28/07 / CATO
CO-SPONSOR ADDED
Bill Number: / H.3351Date: / ADD:
02/28/07 / BEDINGFIELD
CO-SPONSOR ADDED
Bill Number: / H.3355Date: / ADD:
02/28/07 / SIMRILL
CO-SPONSOR ADDED
Bill Number: / H.3499Date: / ADD:
02/28/07 / GOVAN
CO-SPONSOR ADDED
Bill Number: / H.3499Date: / ADD:
02/28/07 / HUGGINS
CO-SPONSOR ADDED
Bill Number: / H.3576Date: / ADD:
02/28/07 / BRADY
CO-SPONSOR REMOVED
Bill Number: / H.3509Date: / REMOVE:
02/28/07 / UMPHLETT
CO-SPONSOR REMOVED
Bill Number: / H.3545Date: / REMOVE:
02/28/07 / BRANHAM
CO-SPONSOR REMOVED
Bill Number: / H.3294Date: / REMOVE:
02/28/07 / HINSON
SENT TO THE SENATE
The following Bills were taken up, read the third time, and ordered sent to the Senate: