House Journal for Jan. 25, 2007 - South Carolina Legislature Online

THURSDAY, JANUARY 25, 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 Psalm 99:3: “Let them praise your great and awesome name.”

Let us pray. Great and awesome God, forgive us when we become detracted and forgetful. Help us to see new growth as a sign of Your presence. Teach us how to be gracious and compassionate as well as courageous in our everyday responsibilities and service. Be with these Representatives and staff in our ups and downs as we seek to be faithful to You and the people we serve. Bless our Nation, President, State, Governor, Speaker and all who serve in this House. 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 PRO TEMPORE.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.

MOTION ADOPTED

Rep. HODGES moved that when the House adjourns, it adjourn in memory of Leroy E. Browne, Sr., of St. Helena Island in Beaufort County, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3350 -- Reps. G.R.Smith, Allen, Bannister, Bedingfield, Hamilton, Leach, Shoopman and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

SECTION 1-1-612 SO AS TO DESIGNATE THE "SCHMOONEY" AS THE OFFICIAL STATE MASCOT FOR LITERACY.

Referred to Committee on Invitations and Memorial Resolutions

H. 3351 -- Rep. M.A.Pitts: A BILL TO AMEND SECTION 50-3-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MITIGATION TRUST FUND ADMINISTERED BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE TRUSTEES OF THIS FUND, AND TO CLARIFY THE PURPOSES OF THE FUND AND THE USES FOR WHICH THE FUNDS MAY BE EXPENDED.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3352 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-31 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE GLASS REPAIR BUSINESS THAT ADMINISTERS INSURANCE CLAIMS FOR MOTOR VEHICLE GLASS REPAIRS TO HAVE AN INSURED'S GLASS REPAIR BUSINESS REFERRED TO ITSELF OR TO USE INFORMATION TO SOLICIT BUSINESS.

Referred to Committee on Judiciary

H. 3353 -- Reps. J.R.Smith, Scarborough, Pinson, Taylor, Perry, G.R.Smith, Limehouse, Rutherford, Bedingfield, Davenport, Mitchell, Cooper, Ceips, Bales, Barfield, Battle, Branham, G.Brown, Cato, Clemmons, Funderburk, Harrell, Hinson, Jennings, Littlejohn, Lucas, Mahaffey, Neilson, Ott, M.A.Pitts, Rice, D.C.Smith, F.N.Smith, W.D.Smith, Spires, Stewart and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3640 SO AS TO ALLOW A NONREFUNDABLE CREDIT TO A TAXPAYER WHO MAKES A CONTRIBUTION TO A PUBLIC SCHOOL FOR A QUALIFIED EXPENDITURE, TO DEFINE PUBLIC SCHOOL AND QUALIFIED EXPENDITURE, AND TO MAKE THE CREDIT EQUAL TO THIRTY-THREE PERCENT OF THE CONTRIBUTION BUT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS.

Referred to Committee on Ways and Means

H. 3355 -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, W.D.Smith, Gullick, Duncan, Gambrell, Hamilton, Kelly, M.A.Pitts, Rice, Talley and Walker: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

Referred to Committee on Judiciary

H. 3356 -- Reps. G.M.Smith and Cato: A BILL TO AMEND SECTION 40-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSING COSTS OF INVESTIGATION AND PROSECUTION OF A CASE AGAINST A PERSON FOUND IN VIOLATION OF CHAPTER 11, TITLE 40, WHICH PROVIDES FOR THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT ASSESS SUCH COSTS; TO AMEND SECTION 40-11-370, AS AMENDED, RELATING TO THE PROHIBITION AGAINST ENGAGING IN CONSTRUCTION IN A NAME OTHER THAN THE EXACT NAME THAT APPEARS ON THE ENTITY'S CONTRACTOR'S LICENSE AND PROHIBITING ENFORCEMENT OF A CONTRACT IF THE ENTITY ENTERED THE CONTRACT IN A NAME OTHER THAN THE NAME THAT APPEARS ON THE ENTITY'S LICENSE, SO AS TO PROVIDE THAT AN ENTITY MAY NOT ENGAGE IN CONSTRUCTION UNDER A NAME OR A LICENSE NUMBER OTHER THAN THAT WHICH APPEARS ON THE ENTITY'S LICENSE AND TO PROVIDE THAT AN ENTITY MAY ONLY ENFORCE A CONSTRUCTION CONTRACT IF THE ENTITY EITHER ENTERED THE CONTRACT IN THE NAME THAT APPEARS ON THE ENTITY'S LICENSE OR IF THE CONTRACT CONTAINED THE LICENSE NUMBER THAT APPEARS ON THE ENTITY'S LICENSE.

Referred to Committee on Labor, Commerce and Industry

H. 3357 -- Rep. Jennings: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.

Referred to Marlboro Delegation

H. 3358 -- Rep. Kirsh: A BILL TO REPEAL SECTION 8-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE HOURS OF STATE AGENCIES; AND TO REPEAL SECTION 11-5-30 RELATING TO THE OFFICE HOURS OF THE STATE TREASURER.

Referred to Committee on Judiciary

S. 277 -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKERS 7 AND 11.

On motion of Rep. TAYLOR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

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

H. 3354 -- Reps. Brady, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Branham, Brantley, Breeland, G.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H.Neal, J.M.Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HAMMOND SCHOOL VARSITY FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING UNDEFEATED SEASON AND FOR CAPTURING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Hammond School varsity football team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding undefeated season and for capturing the South Carolina Independent School Association Class AAA State Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 319 -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE WASHINGTON LIGHT INFANTRY OF CHARLESTON ON THE CELEBRATION OF ITS BICENTENNIAL AND FOR TWO CENTURIES OF EXEMPLARY MILITARY AND CIVIC SERVICE TO SOUTH CAROLINA AND THE NATION, AND TO WISH FOR IT CONTINUED SUCCESS IN PROMOTING THE IDEALS OF PATRIOTISM, EDUCATION, AND BENEVOLENCE AMONG OUR CITIZENS THROUGH GOOD EXAMPLE AND CHARITABLE WORKS.

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:

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 25.

Total Present--119

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. HARRELL a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. DUNCAN a leave of absence for the day due to a family funeral.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. PHILLIPS a leave of absence for the day due to illness.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. CEIPS a leave of absence for the day due to family medical reasons.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. GOVAN a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Boyce Tollison of Easley is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

"5.2Every 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.”

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SENT TO THE SENATE

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

H. 3335 -- Rep. Edge: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2006-2007 ALL INTEREST ACCRUING ON FUNDS COLLECTED AND HELD BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO SECTION 44-56-160 MUST BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND AND AUTHORIZED FOR CERTAIN HAZARDOUS WASTE-RELATED EXPENDITURES BY THE DEPARTMENT.

H. 3052--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3052 -- Reps. Coleman, Shoopman, Bingham and Toole: A BILL TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND TO RATIFY AMENDMENTS TO SECTION 17, ARTICLE I, AND SECTION 5, ARTICLE XIV, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

Rep. DELLENEY explained the Bill.

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

Yeas 98; Nays 1

Those who voted in the affirmative are:

Total--98