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(1) consideration of legislation to redistrict either house or the state's congressional districts;

(2) gubernatorial vetoes;

(3) consideration of conference and free conference reports;

(4) ratification of acts;

(5) the concurrence or nonconcurrence on any legislative matters received from the other house;

(6) resolutions affecting sine die adjournment."

SECTION 8. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III of the Constitution of this State be amended so as to provide that the General Assembly must adjourn each year not later than 5:00 p.m. on the first Thursday in June and remain adjourned subject to the joint call of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under certain circumstances; that in a year when the House of Representatives fails to give third reading to the annual general appropriation bill by March thirty-first that the date of adjournment be extended by the number of days after March thirty-first that the House of Representatives fails to give the bill third reading; that the session also may be extended by concurrent resolution adopted by a two-thirds vote of both houses to consider only the general appropriation bill, supplemental appropriation bills, bills authorizing capital debt, and matters approved for consideration by concurrent resolution; that the regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in November except that this date may be extended by concurrent resolution adopted by a two-thirds vote in both houses; that under certain circumstances the General Assembly must be called back into regular session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives only to consider bills amending the general appropriation act, gubernatorial vetoes, receipt and confirmation of appointments, consideration of conference and free conference reports, ratification of acts, the concurrence or nonconcurrence on any legislative matters

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 9. It is proposed that Article III, Section 15 of the Constitution of this State, 1895, be amended to read:

"Section 15. Bills for raising revenue shall originate in the House of Representatives, but may be altered, amended, or rejected by the Senate; all other bills may originate in either house, and may be amended, altered or rejected by the other.

The appropriation of any surplus revenues resulting from total annual revenues for a fiscal year exceeding the total authorized appropriations for the same fiscal year shall be authorized only after the fiscal year has ended and the report of the Comptroller General has confirmed that a year-end surplus exists.

No appropriation authorized to or for a specific item or purpose as established in the annual general appropriation act may be transferred to or for other items or purposes except as may be provided by law. Appropriations authorized in the annual general appropriation act and subsequently vetoed by the Governor and sustained by the General Assembly, or unavailable for expenditure because the appropriation is the object of a veto by the Governor given after the General Assembly has adjourned, may not be transferred in any manner for any purpose."

SECTION 10. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III, Section 15 of the Constitution of this State relating to bills for revenue be amended so as to provide that the appropriation of any surplus revenues resulting from total annual revenues for a fiscal year exceeding the total authorized appropriations for the same fiscal year shall be authorized only after the fiscal year has ended and the report of the

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'."

The Joint Resolution was amended and ordered returned to the House with amendments.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.

Senator RANKIN asked unanimous consent to make a motion to proceed to a consideration of the Bill.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator BRYAN objected.

The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

(By prior motion of Senator HOLLAND, with unanimous consent)

H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.

Senator GREG SMITH asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.

Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

(By prior motion of Senator McCONNELL, with unanimous consent)

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A

Senator COURTNEY explained the Bill.

H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator HOLLAND proposed the following amendment (JUD4589.002), which was withdrawn:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION . The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other another law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any A person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385."

SECTION . The 1976 Code is amended by adding:

(1) the person must not have been convicted of an alcohol or drug violation during the previous five-year period;

(2) the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and

(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.

(B)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.

(2) Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.

(C) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.

(1) pay a fifty dollar filing fee to the court; and

(2) successfully complete the requirements to obtain a driver's license contained in this article."/

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND explained the amendment.

Senator HOLLAND asked unanimous consent to withdraw the amendment.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator McCONNELL proposed the following amendment (3273R001.GFM), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7610. The department may issue a special commemorative motor vehicle license plate commemorating the Square Dance as the state's official American Folk Dance. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle fee

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator LAND spoke on the Bill.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PEELER proposed the following amendment (3285R001.HSP), which was adopted:

Amend the bill, as and if amended, page 1, after line 22, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 20-7-420(30) of the 1976 Code is amended to read:

"(30) To make any order necessary to carry out and enforce the provisions of this chapter, and to hear and determine any questions of support, custody, separation, or any other matter over which the court has jurisdiction, without the intervention of a jury; however, the court may not issue an order which prohibits a custodial parent from moving his residence to a location within the State unless the court finds a compelling reason."/

Renumber sections to conform.

Amend title to conform.

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