THURSDAY, MARCH 22, 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 Isaiah 62:5: “As the bridegroom rejoices over the bride so shall your God rejoice over you.”
Let us pray. Gracious God, thank You for making us Yours. Thank You for those along the way that have given support and encouragement to the efforts these men and women have achieved. Honor and glory belong to You, O Lord, for Your guiding and sustaining hand. Bless our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Protect our defenders at home and abroad 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. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Lawrence Martin Weathers of Bowman, which was agreed to.
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., March 22, 2007
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 a.m. today for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. HAGOOD the invitation was accepted.
REPORTS OF STANDING COMMITTEES
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3543 -- Reps. Funderburk and Mulvaney: A BILL TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3258 -- Reps. Hiott, Witherspoon, Frye, Duncan, Owens, M.A.Pitts and Rice: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON IN GAME ZONE 1 AND THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS; TO AMEND SECTION 50-11-430, AS AMENDED, RELATING TO BEAR HUNTING IN GAME ZONE 1, SO AS TO REVISE THE OPEN SEASON FOR TAKING BEAR, THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS, AND THE PROCEDURES WHICH MUST BE FOLLOWED WHEN A BEAR IS TAKEN, AND TO FURTHER PROVIDE FOR CERTAIN LAWFUL AND UNLAWFUL ACTIVITIES IN REGARD TO BEAR HUNTING.
Ordered for consideration tomorrow.
Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3124 -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D.C.Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE RESPONSIBILITIES OF RECEIVING SCHOOL DISTRICTS, TO PROVIDE STANDARDS OF APPROVAL, PRIORITIES OF ACCEPTING STUDENTS, AND CRITERIA FOR DENYING STUDENTS, TO PROVIDE THAT THE PARENT IS RESPONSIBLE FOR TRANSPORTING THE STUDENT TO SCHOOL, TO PROVIDE FOR THE FUNDING OF THE OPEN ENROLLMENT CHOICE PROGRAM, TO PROVIDE THAT A STUDENT MAY NOT PARTICIPATE IN INTERSCHOLASTIC ATHLETIC CONTESTS DURING THE FIRST YEAR OF ENROLLMENT, TO PROVIDE THAT A RECEIVING DISTRICT SHALL ACCEPT CERTAIN CREDITS TOWARD A STUDENT'S REQUIREMENTS FOR GRADUATION, TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH CERTAIN ENTITIES FOR THE PROVISION OF SERVICES, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ANNUAL SURVEY AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
CONCURRENT RESOLUTION
The following was introduced:
H. 3768 -- Rep. Bales: A CONCURRENT RESOLUTION TO COMMEND EDITH L. CUNNINGHAM OF RICHLAND COUNTY FOR HER OUTSTANDING SERVICE AT BELLSOUTH UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER
MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was taken up for immediate consideration:
S. 532 -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 14, 2007, AND FRIDAY, JUNE 15, 2007.
Be it resolved by the Senate, the House of Representatives concurring:
That Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Thursday, June 14, 2007, from 2:00 p.m. until 4:30 p.m., and on Friday, June 15, 2007, from 2:00 p.m. until 4:00 p.m. for its annual legislative activity. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security officers shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.
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. 594 -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION DESIGNATING THE THIRD WEEK IN APRIL 2007, AS "SHAKEN BABY SYNDROME AWARENESS WEEK", RAISING AWARENESS REGARDING SHAKEN BABY SYNDROME, AND COMMENDING THE HOSPITALS, CHILD CARE COUNCILS, SCHOOLS, AND OTHER ORGANIZATIONS THAT EDUCATE PARENTS AND CAREGIVERS ON HOW TO PROTECT CHILDREN FROM ABUSE.
Whereas, the month of April has been designated “National Child Abuse Prevention Month” as an annual tradition that was initiated in 1979 by former President Jimmy Carter; and
Whereas, the most recent National Child Abuse and Neglect Data System figures reveal that almost 900,000 children were victims of abuse and neglect in the United States in 2002, causing unspeakable pain and suffering to our most vulnerable citizens; and
Whereas, among the children who are victims of abuse and neglect, nearly four children die in the United States each day; and
Whereas, children aged one year or younger accounted for forty-one percent of all child abuse and neglect fatalities in 2002, and children aged four years or younger accounted for seventy-six percent of all child abuse and neglect fatalities in 2002; and
Whereas, abusive head trauma, including the trauma known as “Shaken Baby Syndrome”, is recognized as the leading cause of death of physically abused children; and
Whereas, Shaken Baby Syndrome can result in loss of vision, brain damage, paralysis, seizures, or death; and
Whereas, a 2003 report in the Journal of the American Medical Association estimated that in the United States, an average of 300 children will die each year, and 600 to 1,200 more will be injured, of whom two-thirds will be babies or infants under one year in age, as a result of Shaken Baby Syndrome, with many cases resulting in severe and permanent disabilities; and
Whereas, medical professionals believe that thousands of additional cases of Shaken Baby Syndrome are being misdiagnosed or not detected; and
Whereas, Shaken Baby Syndrome may result in more than $1,000,000 in medical costs to care for a single, disabled child in just the first few years of life; and
Whereas, the most effective solution for ending Shaken Baby Syndrome is to prevent the abuse, and it is clear that the minimal costs of education and prevention programs may prevent enormous medical and disability costs and immeasurable amounts of grief for many families; and
Whereas, prevention programs have demonstrated that educating new parents about the danger of shaking young children and how they can help protect their child from injury can bring about a significant reduction in the number of cases of Shaken Baby Syndrome; and
Whereas, education programs have been shown to raise awareness and provide critically important information about Shaken Baby Syndrome to parents, caregivers, daycare workers, child protection employees, law enforcement personnel, health care professionals, and legal representatives; and
Whereas efforts to prevent Shaken Baby Syndrome are supported by advocacy groups across the United States that were formed by parents and relatives of children who have been killed or injured by shaking, including the National Shaken Baby Coalition, the Shaken Baby Association, the Shaking Kills: Instead Parents Please Educate and Remember Initiative, commonly known as the “SKIPPER Initiative”, the Shaken Baby Alliance, Shaken Baby Prevention, Inc., A Voice for Gabbi, Don’t Shake Jake, the Kierra Harrison Foundation, and the Hannah Rose Foundation, whose mission is to educate the general public and professionals about Shaken Baby Syndrome and to increase support for victims and the families of the victims in the health care and criminal justice systems; and
Whereas, child abuse prevention programs and “National Shaken Syndrome Awareness Week” are supported by the National Shaken Baby Coalition, the National Center on Shaken Baby Syndrome, the Children’s Defense Fund, the American Academy of Pediatrics, the Child Welfare League of America, Prevent Child Abuse America, the National Child Abuse Coalition, the National Exchange Club Foundation, the American Humane Association, the American Professional Society on the Abuse of Children, the Arc of the United States, the Association of University Centers on Disabilities, Children’s Healthcare is a Legal Duty, Family Partnership, Family Voices, National Alliance of Children’s Trust and Prevention Funds, United Cerebral Palsy, the National Association of Children’s Hospitals and related institutions, Never Shake a Baby Arizona, Prevent Child Abuse Arizona, the Center for Child Protection and Family Support, and many other organizations; and
Whereas, a 2000 survey by Prevent Child Abuse America shows that approximately half of all citizens of the United States believe that, of all the public health issues facing the United States, child abuse and neglect is the most important issue; and
Whereas, it would be appropriate to observe the third week of April 2007, as “Shaken Baby Syndrome Awareness Week”. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of South Carolina, by this resolution, designate the third week of April as “Shaken Baby Syndrome Awareness Week”, raise awareness regarding Shaken Baby Syndrome, and commend the hospitals, child care councils, schools, and other organizations that educate parents and caregivers on how to protect children from abuse.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 606 -- Senator Lourie: A CONCURRENT RESOLUTION HONORING THE RECIPIENTS OF THE MEDAL OF HONOR AND ENCOURAGING THE CONGRESSIONAL MEDAL OF HONOR SOCIETY TO HOLD ITS ANNUAL CONVENTION IN CHARLESTON IN 2009.
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. 607 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE STATE AND TO DECLARE MARCH 27, 2007, "YORK COUNTY DAY" IN SOUTH CAROLINA.
Whereas, York County is the state’s third fastest growing county, with an increase exceeding fifteen percent during the past five years, and York County is home to 190,097 South Carolina citizens, representing 4.5 percent of the state’s population; and
Whereas, York County’s 2006 estimated assessment of real and manufacturing property exceeded 565 million dollars, which is a twentyfour percent increase from the previous year and represents over four percent of the state’s total assessment of real and manufacturing property; and
Whereas, fortyone companies announced plans to locate or expand in York County in 2006, six more than in 2005; and
Whereas, last year’s new economic development announcements in York County provided a total investment of over 182 million dollars for the State and the creation of over 1,281 jobs for South Carolinians, with both figures increasing at least twentyeight percent from the prior year; and
Whereas, York County was the state’s seventh best producing county in retail sales last year, with an eighteen percent increase over 2005, and York County provided more than 4.7 billion dollars to the state coffers and 3.5 percent of South Carolina’s total retail sales; and
Whereas, the citizens of York County passed their own one cent sales tax in 1997 and again in 2003, collecting a total of 272 million dollars to be used to pay for critical improvements, which also enhances the efficiency of the state’s road system; and
Whereas, York County is one of the top three counties in the State in the categories of median household income, percent of academicallygifted students, and starting salaries for new teachers and average teacher salaries, all of which are important in moving the entire state forward. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, recognize York County as a vital part of the State, and declare March 27, 2007, “York County Day” in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to each Chamber of Commerce in York County.
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. 3769 -- Reps. J.H.Neal, F.N.Smith, Rutherford, Govan, Clyburn, Cobb-Hunter, Hodges, Howard, Jefferson, McLeod and Ott: A BILL TO AMEND SECTION 40-22-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE THE DEFINITION OF "ASSOCIATE PROFESSIONAL ENGINEER", DEFINE "NCEES EXAMINATION", AND AMEND THE DEFINITION OF "PROFESSIONAL ENGINEER"; AND TO AMEND SECTION 40-22-220, AS AMENDED, RELATING TO ELIGIBILITY REQUIREMENTS TO OBTAIN A LICENSE AS AN ENGINEER, SO AS TO REQUIRE THAT A PROFESSIONAL ENGINEER BE CERTIFIED AS AN ENGINEER-IN-TRAINING BEFORE BEING LICENSED, MAKE OTHER CHANGES TO THE REQUIREMENTS, AND PROVIDE THAT AN APPLICANT WILL RECEIVE HIS PROFESSIONAL ENGINEER LICENSE TO PRACTICE UPON PASSING THE NCEES EXAMINATION, PRINCIPLES, AND PRACTICE.
Referred to Committee on Labor, Commerce and Industry
H. 3770 -- Reps. Ceips, Chalk, G.R.Smith, Brantley, Hardwick, Brady, Cato, Hamilton, Haskins, Leach and J.R.Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SENIOR PROTECTION ACT" BY ADDING SECTION 16-3-614 SO AS TO CREATE AN ADDITIONAL PENALTY FOR A PERSON WHO COMMITS AN ASSAULT AND BATTERY OFFENSE AGAINST A PERSON SEVENTY YEARS OF AGE OR OLDER AND TO PROVIDE THAT THE ADDITIONAL PENALTY IS MANDATORY AND MUST BE SERVED CONSECUTIVELY.
Referred to Committee on Judiciary
H. 3771 -- Reps. Harrison and Bales: A BILL TO AMEND SECTION 23-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON A SHERIFF, DEPUTY SHERIFF, OR SHERIFF'S CLERK FROM PRACTICING LAW OR HOLDING THE OFFICE OF CLERK OF COURT, SO AS TO REMOVE THE PROHIBITION REGARDING THE PRACTICE OF LAW.
Referred to Committee on Judiciary
H. 3772 -- Reps. Spires, Brantley, Bingham, Frye and Haley: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIPTIONS FOR CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT SCHEDULE II PRESCRIPTIONS IDENTICAL TO A PREVIOUSLY PRESCRIBED DRUG MAY NOT BE WRITTEN OR DISPENSED EARLIER THAN FORTY-EIGHT HOURS FROM THE DATE THE PREVIOUS PRESCRIPTION WOULD BE EXHAUSTED AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3774 -- Reps. Spires, Frye, Brantley, Huggins, Lowe, Witherspoon, Bales, Ballentine, Bingham, Bowen, Ceips, Cobb-Hunter, Gambrell, Haley, Haskins, Herbkersman, Jefferson, Kelly, Knight, Leach, E.H.Pitts, Sandifer, Shoopman, G.R.Smith, Toole and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 117, TITLE 44 TO ENACT THE "SOUTH CAROLINA ELECTRONIC TRANSMISSION PRESCRIPTION ACT" SO AS TO ESTABLISH THE REQUIREMENTS FOR TRANSMITTING A PRESCRIPTION ELECTRONICALLY, TO PROVIDE PROCEDURES FOR MAINTAINING THE CONFIDENTIALITY OF INFORMATION IN THE ELECTRONIC TRANSMISSION OF PRESCRIPTIONS, TO PROVIDE SANCTIONS THAT MAY BE IMPOSED BY THE BOARD OF PHARMACY FOR FAILING TO MAINTAIN CONFIDENTIALITY, AND TO PROHIBIT A PHARMACIST OR PHARMACY FROM PROVIDING ELECTRONIC DEVICES TO PRACTITIONERS OR FACILITIES AS AN INCENTIVE TO REFER PATIENTS TO THAT PHARMACIST OR PHARMACY; TO DESIGNATE SECTIONS 44-117-10 THROUGH 44-117-50 AS ARTICLE 1 OF CHAPTER 117, TITLE 44, ENTITLED "PRESCRIPTION INFORMATION PRIVACY ACT"; AND TO RENAME CHAPTER 117 OF TITLE 44, "PRESCRIPTION INFORMATION AND TRANSMISSION".
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 518 -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.