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 66:5: "Come and see what God has done."
Let us pray. Thank You, God, for Your awesome deeds and for those who guide us in government. Bless them with Your everlasting love and caring. Give them wisdom, strength, courage, and understanding to provide for the people of this State, that they may do what is right and pleasing in Your sight. Provide Your blessings on our President, our Governor, and all who are in leadership positions. Protect our defenders of freedom and comfort those at home. Hear our prayer, O God. 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.

Rep. TOWNSEND moved that when the House adjourns, it adjourn in memory of Wilbur Hunter of Belton, which was agreed to.

The following was received:

Columbia, S.C., Tuesday, June 1, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 767:

S. 767 (Word version) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. V. Smith, Waldrep, Thomas, McConnell, Ryberg, Ritchie, Leatherman, Hutto and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 1 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE ADJUTANT GENERAL, AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The Senate sent to the House the following:

S. 1283 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ST. MATTHEWS FIRST BAPTIST CHURCH IN WINNSBORO ON THE OCCASION OF ITS 125TH ANNIVERSARY, AND TO EXTEND BEST WISHES TO THE CHURCH AS IT CONTINUES TO SPREAD THE WORD OF GOD.

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

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

S. 855 (Word version) -- Senators Knotts, Cromer, Verdin, Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, Glover, Kuhn, Waldrep, Mescher and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1675 AND 9-11-165 SO AS TO PROVIDE THAT NO MORE THAN THIRTY-SIX MONTHS OF OVERPAYMENTS MAY BE RECOUPED FROM THE RETIREMENT BENEFITS OF RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RECEIVED OVERPAYMENTS THROUGH NO FRAUDULENT ACT OF THE RETIREE.
Referred to Committee on Ways and Means

S. 1260 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO CERTIFICATION PROGRAM FOR PUBLIC LIBRARIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2899, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

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

Allen                  Altman                 Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coleman                Cooper
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Keegan
Kirsh                  Leach                  Lee
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  Merrill
J. M. Neal             Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Toole                  Townsend
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, June 2.

Larry Koon                        Robert Harrell
Doug Smith                        Vida Miller
Jerry Govan                       Marty Coates
Bessie Moody-Lawrence             G. Murrell Smith
Seth Whipper                      Walton McLeod
Kenneth Kennedy                   Michael Thompson
Denny Neilson                     Mike Anthony
Chip Huggins                      John Scott
H.B. "Chip" Limehouse             Ralph Davenport
Dwight Loftis                     Bill Cotty
Gilda Cobb-Hunter                 Daniel Tripp
Becky Martin                      Todd Rutherford
Alex Harvin                       Richard Quinn
Joseph Neal                       Douglas Jennings

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, June 1.

Announcement was made that Dr. David Hiott of Charleston is the Doctor of the Day for the General Assembly.

Reps. TOWNSEND and COOPER made statements relative to Rep. STILLE'S service in the House.

Rep. STILLE made a statement relative to his service in the House.

Rep. TOWNSEND made a statement relative to Rep. GILHAM'S service in the House.

Rep. GILHAM made a statement relative to her service in the House.

Rep. KIRSH made a statement relative to Rep. RICHARDSON'S service in the House.

Rep. J. R. SMITH along with the members of the Ethics Committee made a statement relative to Rep. RICHARDSON'S service in the Ethics Committee.

Rep. RICHARDSON made a statement relative to her service in the House.

Rep. WITHERSPOON made a statement relative to Rep. KEEGAN'S service in the House.

Rep. KEEGAN made a statement relative to his service in the House.

Rep. JENNINGS, NEILSON, ANTHONY and LUCAS made statements relative to Rep. FREEMAN'S service in the House.

Rep. FREEMAN made a statement relative to her service in the House.

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 1193 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF MCCORMICK COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN MCCORMICK COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

S. 1194 (Word version) -- Senator Moore: A BILL TO ENACT THE "SCHOOL DISTRICT OF EDGEFIELD COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN EDGEFIELD COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

S. 891 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.

S. 638 (Word version) -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-45 SO AS TO PROVIDE FOR FUNDING OF COUNTY VETERANS AFFAIRS OFFICES FROM APPROPRIATED MONIES DIRECTLY PAYABLE FROM THE STATE TREASURER TO EACH COUNTY OFFICE INSTEAD OF THROUGH THE OFFICE OF THE GOVERNOR.

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

H. 5401 (Word version) -- Reps. Parks, M. A. Pitts and Pinson: A BILL TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT, UPON THE RECOMMENDATION OF THE COUNTY COUNCIL TO THE GREENWOOD COUNTY LEGISLATIVE DELEGATION, UNTIL THE NEXT REGULAR ELECTION OF SCHOOL TRUSTEES.

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 1219 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.

The following Bill was taken up:

S. 965 (Word version) -- Senators Fair, Cromer, Thomas and Martin: A BILL TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE PROHIBITION AGAINST CONFINING JUVENILES IN AN ADULT JAIL AND EXCEPTIONS TO THAT PROHIBITION, SO AS TO INCLUDE IN THE EXCEPTIONS, A JUVENILE CHARGED AS AN ADULT WITH A CLASS A, B, C, OR D FELONY; TO AMEND SECTION 20-7-7405, RELATING TO DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE THE PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT OF JUVENILE JUSTICE; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH EVALUATION IS EQUIVALENT TO A SECURE RESIDENTIAL EVALUATION AND TO AUTHORIZE THE COURT TO WAIVE THE EVALUATION OF A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A VIOLENT OFFENSE, THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, OR STRONG ARM ROBBERY BEFORE COMMITMENT OF THAT JUVENILE TO THE DEPARTMENT OF JUVENILE JUSTICE; AND TO REPEAL SECTION 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH RECORDS.

Rep. HARRISON explained the Bill.

Rep. PERRY requested debate on the Bill.

Rep. HARRISON continued speaking.

Reps. R. BROWN, D. C. SMITH, OTT and WHITE requested debate on the Bill.

The Senate amendments to the following Bill were taken up for consideration:

H. 5088 (Word version) -- Reps. Anthony, Jennings and Simrill: A BILL TO AMEND SECTION 23-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND STORAGE OF CLASS "B" FIREWORKS USED FOR DISPLAY OR AGRICULTURAL PURPOSES, SO AS TO PROVIDE THAT DISPLAY OF CLASS "B" FIREWORKS RETURNED TO A WHOLESALER MUST BE RETURNED IN THE SAME MANNER THEY WERE SOLD, ISSUED, OR SHIPPED, INCLUDING ANY PROTECTIVE DEVICE ATTACHED TO THE FUSE OR FUSES.

Rep. CATO explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 3858 (Word version) -- Reps. Edge, Harrison, Herbkersman, Duncan and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 29 OF TITLE 6 SO AS TO ENACT THE "VESTED RIGHTS ACT" BY PROVIDING FOR THE ESTABLISHMENT OF VESTED PROPERTY RIGHTS ALLOWING THE COMMENCEMENT AND COMPLETION OF DEVELOPMENT AND USE OF PROPERTY PURSUANT TO A SITE SPECIFIC DEVELOPMENT PLAN OR AN APPROVED PHASE DEVELOPMENT PLAN, TO PROVIDE FOR THE LOCAL GOVERNMENT ACTS AND FACTORS TRIGGERING A VESTED RIGHT, TO LIMIT THE VESTING FOR A TERM OF YEARS, TO PROTECT THE HOLDER OF VESTED RIGHTS FROM ZONING CHANGES UNLESS CERTAIN CONDITIONS ARE MET AND TO PROVIDE THAT A VESTED RIGHT ATTACHES TO AND RUNS WITH THE PROPERTY.

Rep. DELLENEY explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.

Rep. SINCLAIR explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Joint Resolution were taken up for consideration:

H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.

Rep. LITTLEJOHN explained the Senate Amendments.

The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4903 (Word version) -- Reps. Cobb-Hunter, Harrell and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.

Reps. GILHAM, TOWNSEND and MARTIN proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\ 6117CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words, and inserting:
/SECTION   __.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-7800.   (A)   The department may issue 'Breast Cancer Awareness' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol associated with breast cancer. The South Carolina Chapter of the American Cancer Society shall submit to the department for its approval the emblem, seal, or other symbol it desires to be used for this special license plate. The South Carolina Chapter of the American Cancer Society may request a change in the emblem, seal, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of thirty-five dollars.

(B)   Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. Of the remaining funds collected from the special motor vehicle license fee, twenty-five percent must be deposited with the State Treasurer in a separate fund for the Department of Health and Environmental Control to use solely to expand the services of the Best Chance Network, and seventy-five percent must be distributed to the South Carolina Chapter of the American Cancer Society to support the following programs:

(1)   Tell-A-Friend;

(2)   Reach to Recovery; and

(3)   Look Good...Feel Better.

(C)   Before the department produces and distributes a plate authorized under this section, it must receive:

(1)   four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2)   a plan to market the sale of the special license plate that must be approved by the department.

(D)   If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION   __.   Section 56-3-210(C) of the 1976 Code, as last amended by Act 251 of 2002, is further amended to read:

"(C)   A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The plate must contain the dealer's name, city, and phone number, or the dealer's name and computer website address. The plate also must contain a rectangular box, with a white background, on the bottom of the plate, in dimensions not less than six inches wide and two inches high. The rectangular box must contain, in characters not less than one quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date must be clearly legible from a distance of at least twenty-five feet, written using a permanent black marker with at least a one quarter inch wide tip, and must contain a numerical month, day, and year. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. Except as provided for in this section, a dealer may not use a temporary license plate for any other purpose, which includes, but is not limited to, vehicle demonstration, employee use, or transporting vehicles from one location to another location. A dealer may not place a temporary license plate on a vehicle, regardless of whether the expiration date has been written on the plate, until the vehicle is sold to a purchaser. A dealer person who issues or uses a temporary license plate or allows a temporary license plate to be issued or used in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence."
SECTION   __.   Section 56-3-2350 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:

"Section 56-3-2350.   A person engaged in the business of limited operation of motor vehicles to facilitate the movement of vehicles from a manufacturer to a dealer or distributor, or from a railroad terminal yard to a temporary storage facility prior to delivery to a dealer, or for the movement of vehicles to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:

(1)   The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant as follows:

(a)   if an individual, the name under which he intends to conduct business;

(b)   if a partnership, the name and residence address of each member of the partnership and the name under which the business is to be conducted;

(c)   if a corporation, the name and company addresses of the corporation and the name and residence address of each of its officers.

(2)   The application must be certified by the applicant and by an agent of the department to verify the facts set forth in the application.

(3)   The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.

(4)   License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the licensed transporter to employees or any other individuals."
SECTION   __.   Sections 1 and 3 of this act take effect upon approval by the Governor. Section 2 takes effect on July 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

The Senate amendments to the following Bill were taken up for consideration:

H. 5085 (Word version) -- Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G. R. Smith and Snow: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION.

Rep. KIRSH explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

Rep. DAVENPORT moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 3552 (Word version) -- Reps. Lourie, J. E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

Rep. WHITE proposed the following Amendment No. 1A (Doc Name COUNCIL\MS\7384MM04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION ____   A.   Whereas, the General Assembly finds that:

(1)   The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to states' nurse licensure laws.

(2)   Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.

(3)   The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation.

(4)   New practice modalities and technology make compliance with individual states' nurse licensure laws difficult and complex.

(5)   The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
B.   This section may be cited as the 'Nurse Licensure Compact".
C.   Chapter 33, Title 40 of the 1976 Code is amended by adding:

"Section 40-33-1305.   (A)   The Nurse Licensure Compact is created and entered into by this State with all other states legally joining in the form substantially as set forth in this article.

(B)   The purposes of this compact are to:

(1)   facilitate the states' responsibility to protect the public's health and safety;

(2)   ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;

(3)   facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions;

(4)   promote compliance with the laws governing the practice of nursing in each jurisdiction;

(5)   through the mutual recognition of party state licenses, grant all party states the authority to hold nurses accountable for meeting all state practice laws in the states in which their patients are located at the time care is rendered.

Section 40-33-1310.   As used in this article:

(1)   'Adverse' action means a home or remote state action.

(2)   'Alternative program' means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board.

(3)   'Coordinated licensure information system' means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by state nurse licensing boards.

(4)   'Current significant investigative information' means:

(a)   investigative information that a licensing board, after a preliminary inquiry, which includes notification and an opportunity for the nurse to respond, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

(b)   investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.

(5)   'Home state' means the party state that is the nurse's primary state of residence.

(6)   'Home state action' means an administrative, civil, equitable, or criminal action permitted by the home state's laws that is imposed on a nurse by the home state's licensing board or another authority. This term includes the revocation or suspension of a nurse's license, placing a nurse on probation, or any other action that affects a nurse's authorization to practice.

(7)   'Licensee' means a person licensed by the South Carolina Board of Nursing or the nurse licensing board of a party state.

(8)   'Licensing board' means a party state's regulatory agency that is responsible for licensing nurses.

(9)   'Multi-state licensure privilege' means current official authority from a remote state permitting the practice of nursing as either a registered nurse or a licensed practical or vocational nurse in that state. All party states have the authority, in accordance with existing state law, to take actions against a nurse's privilege including, but not limited to, revocation, suspension, probation, or any other action which affects a nurse's authorization to practice.

(10)   'Nurse' means a registered nurse or licensed practical or vocational nurse as those terms are defined by each party state's practice laws.

(11)   'Party state' means any state that has adopted this compact.

(12)   'Remote state' means a party state, other than the home state, where the patient is located at the time nursing care is provided. In the case of the practice of nursing not involving a patient, the term means the party state where the recipient of nursing practice is located.

(13)   'Remote state action' means:

(a)   an administrative, civil, equitable, or criminal action permitted by the laws of a remote state that are imposed on a nurse by the remote state's nurse licensing board or other authority, including actions against a nurse's multi-state licensure privilege to practice in the remote state;

(b)   cease and desist and other injunctive or equitable orders issued by a remote state or its nurse licensing board.

(14)   'State' means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(15)   'State practice laws' means the laws and regulations of individual party states that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for disciplining nurses. This term does not include the initial qualifications for licensure or the requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

Section 40-33-1315.   (A)   A license to practice registered nursing that is issued by a home state to a resident in that state must be recognized by each party state as authorizing a multi-state licensure privilege to practice as a registered nurse in each party state. A license to practice practical or vocational nursing that is issued by a home state to a resident in that state must be recognized by each party state as authorizing a multi-state licensure privilege to practice as a licensed practical or vocational nurse in each party state. In order to obtain or retain a license, an applicant must meet the home state's qualifications for licensure and license renewal and all other applicable state laws.

(B)   A party state may, in accordance with that state's due process laws, revoke, suspend, or limit the multi-state licensure privilege of any licensee to practice in its state and may take any other actions under its applicable state laws that are necessary to protect the health and safety of its citizens. If a party state takes an action authorized in this subsection, it shall promptly notify the administrator of the coordinated licensure information system. The administrator shall promptly notify the home state of any actions taken by remote states.

(C)   A licensee practicing in a party state shall comply with the state practice laws of the state in which the patient is located at the time care is rendered. The practice of nursing is not limited to patient care and includes all nursing practice as defined by the state practice laws of a party state. The practice of nursing in a party state shall subject a nurse to the jurisdiction of the nurse licensing board and the laws and the courts in that party state.

(D)(1)   A registered nurse who has been granted multi-state licensing privileges by a party state may practice registered nursing in this State.

(2)   A licensed practical nurse who has been granted multi-state licensing privileges by a party state may practice practical nursing in this State.

(3)   A nurse who has been granted multi-state licensing privileges as provided for in subsection (D)(1) or (2) shall notify the board, on a standard form provided by the board, before commencing any nursing practice in this State, of the identity and location of the nurse's prospective practice location.

(E)   The compact does not effect additional requirements imposed by states for advanced-practice registered nursing. A multi-state licensure privilege to practice registered nursing granted by a party state must be recognized by other party states as a license to practice registered nursing if a license to practice registered nursing is required by state law as a precondition for qualifying for advanced-practice registered nurse authorization.

(F)   A person who does not reside in a party state may continue to apply for nurse licensure in party states as provided for under the laws of each party state. If a license is granted to the person, the license does not grant the privilege to practice nursing in any other party state unless explicitly agreed to by that party state.

Section 40-33-1320.   (A)   Upon receiving an application for a license, the licensing board in a party state shall ascertain through the coordinated licensure information system whether the applicant holds or has ever held a license issued by any other state, whether there are any restrictions on the applicant's multi-state licensure privilege, and whether any other adverse action by any state has been taken against the applicant's license.

(B)   A licensee in a party state shall hold licensure in only one party state at a time. The license must be issued by the home state.

(C)   A licensee who intends to change his or her primary state of residence may apply for licensure in the new home state in advance of the change. However, a new license must not be issued by a party state until after the licensee provides evidence of a change in his or her primary state of residence that is satisfactory to the new home state's licensing board.

(D)   When a licensee changes his or her primary state of residence by moving between two party states and obtaining a license from the new home state, the license from the former home state is no longer valid.

(E)   When a licensee changes his or her primary state of residence by moving from a nonparty state to a party state and obtains a license from the new home state, the license issued by the nonparty state is not affected and shall remain in full force if authorized under the laws of the nonparty state.

(F)   When a licensee changes his or her primary state of residence by moving from a party state to a nonparty state, the license issued by the former home state converts to an individual state license that is valid only in the former home state. The license does not grant the multi-state licensure privilege to practice in other party states.

Section 40-33-1325.   (A)   The licensing board of a remote state shall promptly report to the administrator of the coordinated licensure information system any remote state actions, including the factual and legal basis for the actions, if known. The licensing board of a remote state shall also promptly report any current significant investigative information yet to result in a remote state action. The administrator of the coordinated licensure information system shall promptly notify the home state of these reports.

(B)   The licensing board of a party state may complete any pending investigation of a licensee who changes his or her primary state of residence during the course of the investigation. The licensing board of that state also may take appropriate action against a licensee and shall promptly report the conclusion of the investigation to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any action taken against a licensee.

(C)   A remote party state may take adverse action that affects the multi-state licensure privilege to practice within that party state. However, only the home state may take adverse action that effects a license that was issued by the home state.

(D)   For the purposes of imposing an adverse action, the licensing board of the home state shall give the same priority and effect to the reported conduct received from a remote party state as it would if the conduct had occurred in the home state. In so doing, the licensing board of the home state shall apply its own state laws to determine appropriate action to be taken against the licensee.

(E)   The home state may take adverse action based upon the factual findings of the remote party state if each state follows its own procedures for imposing the adverse action.

(F)   This compact does not prohibit a party state from allowing a licensee to participate in an alternative program instead of taking adverse action against the licensee. If required by the party state's laws, the licensee's participation in an alternative program is confidential information. A party state shall require a licensee who enters an alternative program to agree not to practice in any other party state during the term of the alternative program without prior authorization from the other party state.

Section 40-33-1330.   (A)   If a licensing board finds current significant investigative information, the licensing board, after giving the licensee notice and an opportunity to respond, shall conduct a hearing and decide what adverse action, if any, to take against the licensee.

(B)   If a licensing board finds current significant investigative information, the licensing board may take adverse action against the licensee without first providing the licensee notice or an opportunity to respond to the information. A hearing must be promptly commenced and determined.

Section 40-33-1335.   A party state nurse licensing board may:

(1)   if otherwise permitted by state law, recover from licensees the costs of investigating and disposing of cases that result in adverse action;

(2)   issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a nurse licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state must be enforced in the other party state by any court of competent jurisdiction according to the practice and procedure of that court. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the laws of the party state where the witnesses or evidence are located;

(3)   issue cease and desist orders to limit or revoke a licensee's authority to practice in the board's state;

(4)   promulgate uniform regulations that are developed by the compact administrators.

Section 40-33-1340.   (A)   A party state shall participate in a cooperative effort to create a coordinated data base of all licensed registered nurses and licensed practical or vocational nurses. This system must include information on the licensure and disciplinary history of each licensee, as contributed by party states, to assist in the coordination of nurse licensure and enforcement efforts.

(B)   Notwithstanding any other provision of law, a party state's licensing board shall promptly report to the coordinated licensure information system any adverse action taken against a licensee, action against multi-state licensure privileges, any current significant investigative information yet to result in adverse action, and any denials of applications for licensure and the reasons for the denials.

(C)   Current significant investigative information must be transmitted through the coordinated licensure information system only to party state licensing boards.

(D)   Notwithstanding any other provision of law, a party state's licensing board, which contributes information to the coordinated licensure information system, may designate information that must not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing party state.

(E)   Any personally identifiable information obtained by a party state licensing board from the coordinated licensure information system must not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

(F)   Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing the information must be expunged from the coordinated licensure information system.

(G)   The compact administrators, acting jointly and in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.

Section 40-33-1345.   (A)   The administrator or head of the nurse licensing board of each party state or that person's designee must be the administrator of this compact for that state.

(B)   To facilitate the administration of this compact, the compact administrator of each party state shall furnish to the compact administrators of all other party states information and documents concerning each licensee, including a uniform data set of investigations, identifying information, licensure data, and disclosable alternative program participation.

(C)   Compact administrators shall develop uniform rules and regulations to facilitate and coordinate implementation of this compact. These uniform rules and regulations must be adopted by party states as authorized in this article.

Section 40-33-1350.   A party state or the officers, employees, or agents of a party state's nurse licensing board who act in accordance with this compact are not liable for any good faith act or omission committed while engaged in the performance of their duties under this compact. 'Good faith' as used in this section does not include willful misconduct, gross negligence, or recklessness.

Section 40-33-1355.   (A)   This compact becomes effective as to a state when the compact has been enacted into the laws of that state. A party state may withdraw from this compact by enacting a statute repealing the compact, but the withdrawal does not take effect until six months after the withdrawing state has given notice of the withdrawal to the compact administrators of all other party states.

(B)   No withdrawal affects the validity or applicability of any report of adverse action taken by the licensing board of a state that remains a party to the compact if the adverse action occurred before the withdrawal.

(C)   This compact does not invalidate or prevent a nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with this compact.

(D)   This compact may be amended by the party states; however an amendment to this compact does not become effective and binding upon the party states unless and until it is enacted into the laws of all party states.

Section 40-33-1360.   If there is a dispute that cannot be resolved by the party states involved, the following procedure must be used:

(1)   The party states may submit the issues in dispute to an arbitration panel that consists of an individual appointed by the compact administrator in the home state, an individual appointed by the compact administrator in the remote states involved, and an individual appointed by the compact administrators of all the party states involved in the dispute.

(2)   The decision of a majority of the arbitrators is final and binding.

Section 40-33-1365.   (A)   This compact must be liberally construed so as to effectuate the purposes as stated in Section 40-43-1305 (B).

(B)   The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability of any of them to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of it to any government, agency, person, or circumstance is not affected. If this compact is held contrary to the constitution of any party state, the compact remains in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters."
D.   A nurse whose license has been restricted by the South Carolina Board of Nursing as of this section's effective date must not practice in any other state that has adopted the Nurse Multi-State Licensure Compact, a compact substantially the same as the compact enacted in subsection B of this section, during the time in which the license is restricted unless the nurse receives prior authorization from another state that is a party to such compact.
E.   The South Carolina Board of Nursing shall periodically report to the General Assembly on the implementation of the provisions of the Nurse Licensure Compact, Article 15, Chapter 33 of Title 40 of the 1976 Code, as added by subsection B of this section, and no later than January 1, 2006.
F.   Chapter 33, Title 40 of the 1976 Code is amended by adding:

"Section 40-33-525.   Beginning January 1, 2006, the State Board of Nursing shall require foreign-educated candidates for licensing as registered nurses to pass:

(1)   the National Council Licensure Examination (NCLEX); and

(2)   an English language proficiency test that determines whether or not the license applicant is proficient in conversational English with regard to medical terminology and the skills required of a registered nurse."
G.   This section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. WHITE explained the amendment.

Rep. HASKINS raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment was not germane under Rule 9.3. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. TRIPP proposed the following Amendment No. 2A (Doc Name COUNCIL\PT\2125MM04), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 7 of the bill in its entirety.
Amend the bill further, Section 40-47-1620, page 20, lines 13-14, by deleting / Department of Health and Environmental Control / and inserting / Department of Labor, Licensing and Regulation /
Renumber sections to conform.
Amend title to conform.

Rep. TRIPP explained the amendment.

Rep. PARKS moved to table the amendment.

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

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Gourdine               Govan                  Hamilton
Harrell                Haskins                J. Hines
M. Hines               Hosey                  Huggins
Keegan                 Kirsh                  Leach
Lee                    Littlejohn             Loftis
Lucas                  Martin                 McCraw
McLeod                 Miller                 J. M. Neal
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Sandifer               Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            Snow
Stille                 Talley                 Taylor
Thompson               Townsend               Umphlett
Vaughn                 Viers                  Weeks
Witherspoon            Young

Those who voted in the negative are:

Anthony                Battle                 Bingham
Bowers                 Branham                Coates
Dantzler               Gilham                 Hayes
Hinson                 Howard                 Jennings
Koon                   Limehouse              Lourie
Mahaffey               Merrill                Rivers
Scarborough            Sinclair               D. C. Smith
J. R. Smith            W. D. Smith            Toole
Tripp                  Trotter                Walker
Whipper                White

So, the amendment was tabled.

Rep. TRIPP made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

Rep. HERBKERSMAN moved to waive Rule 5.15, which was agreed to by a division vote of 53 to 13.

Rep. HERBKERSMAN explained the Senate Amendments.

Rep. TRIPP raised the Point of Order that the Bill was out of order under Rule 4.8 in that the Bill should be referred to committee at the Speaker's discretion since it had been amended and was no longer substantially germane to the original Bill.
SPEAKER WILKINS stated that Rule 4.8 was exercised at his discretion and that he did not believe the Bill met the standard. He overruled the Point of Order.

Rep. HERBKERSMAN continued speaking.

Rep. DAVENPORT moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.

Rep. CATO explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4470 (Word version) -- Reps. Harrison, Altman, Cotty, Kirsh and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-305 SO AS TO CREATE THE OFFENSE OF DEFRAUDING SECURED CREDITORS AND TO PROVIDE A PENALTY.

Rep. ALTMAN explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4070 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
Rep. WITHERSPOON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.

Rep. CATO moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 4537 (Word version) -- Reps. Walker, Wilkins, W. D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J. E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Sheheen, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Young and M. Hines: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4, RELATING TO THE ESTABLISHMENT, FUNCTIONS, AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE THE STATE AERONAUTICS COMMISSION WITHIN THE DEPARTMENT TO OVERSEE THE OPERATION OF THE DEPARTMENT'S DIVISION OF AERONAUTICS AND TO APPOINT THE DIVISION'S DIRECTOR; TO AMEND SECTION 55-5-20, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO REVISE THE DEFINITION OF "AVIATION GASOLINE" TO INCLUDE GENERAL AVIATION JET FUEL; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND, AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR THE PURPOSES OF THE DEPARTMENT OF TRANSPORTATION'S AERONAUTICS DIVISION; BY ADDING SECTION 58-8-220 SO AS TO PROVIDE FOR THE FUNDING OF THE ACTIVITIES OF THE DIVISION OF AERONAUTICS; BY ADDING SECTION 57-3-35 SO AS TO PROVIDE FOR THE ORGANIZATION AND OBJECTIVE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE ITS DIVISION FOR AERONAUTICS; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT AND TO DELETE AN OBSOLETE REFERENCE; TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 12-28-2720, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THIS FEE MAY NOT BE USED FOR THE PURPOSE OF THE DIVISION OF AERONAUTICS; TO AMEND SECTION 12-36-1710, RELATING TO THE EXCISE TAX LEVIED ON THE CASUAL SALES OF CERTAIN ITEMS, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 13-1-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S DIVISION OF AERONAUTICS AND ITS FUNCTIONS; TO AMEND SECTION 13-1-20, RELATING TO THE PURPOSES OF THE DEPARTMENT OF COMMERCE, SO AS TO DELETE THE DEPARTMENT'S MANDATE TO DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 15-9-390, AS AMENDED, RELATING TO SERVICE OF PROCESS ON NONRESIDENT OPERATORS OF AIRCRAFT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 15-9-410, AS AMENDED, RELATING TO CERTAIN PROVISIONS THAT DO NOT APPLY TO ANY INCORPORATED CARRIER HOLDING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 23-33-20, AS AMENDED, RELATING TO THE OBTAINING OF A PERMIT BEFORE FIRING OR ATTEMPTING TO FIRE OR DISCHARGE A MISSILE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO PRESCRIBING STANDARDS FOR THE CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-1-1, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE AND DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-1-5, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT GOVERN THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-190, AS AMENDED, RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED IN THE UNIFORM STATE AERONAUTICAL REGULATORY ACT, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-5-230, RELATING TO APPEALS FROM ORDERS ISSUED BY THE DIVISION OF AERONAUTICS, SO AS TO INCREASE THE PERIOD OF TIME WITHIN WHICH A PERSON AGAINST WHOM AN ORDER HAS BEEN ENTERED MAY APPEAL THE ORDER, AND TO PROVIDE THAT THE APPEAL MUST BE MADE TO THE ADMINISTRATIVE LAW JUDGE DIVISION INSTEAD OF THE CIRCUIT COURT; TO AMEND SECTION 55-8-10, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR THE TERM DEPARTMENT OF COMMERCE WITHIN THE DEFINITION OF THE TERM AGENCY; TO AMEND SECTION 55-8-50, AS AMENDED, RELATING TO POLICY BONDS CONTAINED IN THE UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION FOR SECRETARY OF COMMERCE; TO AMEND SECTION 55-11-10, AS AMENDED, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 55-15-10, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS THAT PERTAIN TO RELOCATION ASSISTANCE, SO AS TO SUBSTITUTE THE TERM DEPARTMENT OF TRANSPORTATION FOR DEPARTMENT OF COMMERCE; TO AMEND SECTION 57-1-20, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CREATE A DIVISION OF AERONAUTICS WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-30, AS AMENDED, RELATING TO THE FUNCTIONS AND PURPOSES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT AMONG ITS FUNCTIONS AND PURPOSES, THE DEPARTMENT SHALL DEVELOP STATE PUBLIC AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO AMEND SECTION 57-3-10, AS AMENDED, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST CONTAIN A DIVISION OF AERONAUTICS; TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DIRECTORS, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE DIVISION OF AERONAUTICS' DEPUTY DIRECTOR; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND AND THE FEDERAL AID HIGHWAY FUND, SO AS TO DELETE THE PROVISION THAT RELATES TO THE FEDERAL AID HIGHWAY FUND AND TO PROVIDE THAT THE STATE HIGHWAY FUND MAY NOT BE USED FOR PURPOSES OF THE DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS; AND TO REPEAL ARTICLE 7, CHAPTER 1, TITLE 13 AND SECTIONS 55-5-240 AND 55-5-250 RELATING TO THE APPEAL OF A DECISION ENTERED BY THE DEPARTMENT OF COMMERCE DIVISION OF AERONAUTICS.

Rep. WALKER explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.

S. 548 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE CRIMINAL JUSTICE ORGANIZATIONS.

Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:

S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.

Rep. G. M. SMITH moved that the House recur to the Morning Hour, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 3400 (Word version) -- Reps. M. A. Pitts, Taylor and McLeod: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4527 (Word version) -- Reps. M. A. Pitts, Bailey and Koon: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER.

Rep. VAUGHN moved to waive Rule 5.15, which was agreed to by a division vote of 54 to 0.

Rep. VAUGHN explained the Senate Amendments.

Rep. HARRELL spoke in favor of the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4797 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO THE DEPARTMENT OF MOTOR VEHICLES PROVIDING A COPY OF MOVING VIOLATION CHARGES AGAINST A PERSON UNDER THE AGE OF EIGHTEEN TO THE OWNER OF THE VEHICLE USED DURING THE VIOLATION.

Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12661AC04), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 3 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. TOWNSEND explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

The Senate amendments to the following Bill were taken up for consideration:

H. 4132 (Word version) -- Reps. Sheheen, Cotty and Coleman: A BILL TO AMEND CHAPTER 27, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAKE WYLIE MARINE COMMISSION, SO AS TO DESIGNATE SECTIONS 49-27-10 THROUGH 49-27-90 AS ARTICLE 1, AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE LAKE WATEREE MARINE COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR IMMUNITY FOR AN OFFICER OF THE LAKE WATEREE MARINE COMMISSION FOR CERTAIN ACTIONS WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION.

Rep. WITHERSPOON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4482 (Word version) -- Reps. Cotty, Altman, G. M. Smith, Davenport, Coates, J. Brown, Richardson, Kirsh, Owens, Weeks, Clark, Harrison, J. R. Smith, E. H. Pitts, Hinson, Walker, J. E. Smith and Whipper: A BILL TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT PLANNING, BY ADDING ARTICLE 11 SO AS TO ENACT THE "FEDERAL DEFENSE FACILITIES UTILIZATION INTEGRITY PROTECTION ACT" WHICH PROVIDES PROCESSES AND PROCEDURES WHEREBY LOCAL PLANNING ENTITIES AND OFFICIALS MUST CONSIDER CERTAIN MATTERS AND TAKE CERTAIN ACTIONS IN REGARD TO DEVELOPMENT IN AREAS CONTIGUOUS TO FEDERAL MILITARY INSTALLATIONS LOCATED IN SOUTH CAROLINA.

Rep. COTTY explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 4756 (Word version) -- Reps. Jennings, Lucas, Freeman, Neilson, Trotter, Frye and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO EXTEND THE HUNTING SEASON FOR SQUIRREL IN GAME ZONE 5.

Rep. LIMEHOUSE explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following was introduced:

H. 5404 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION CONGRATULATING, HONORING, AND RECOGNIZING D. H. "JEFF" JEFCOAT OF LITTLE MOUNTAIN FOR HIS OUTSTANDING SERVICE AS NATIONAL PRESIDENT OF THE FAMILY MOTOR COACH ASSOCIATION AND FOR HIS ACHIEVEMENTS, CONTRIBUTIONS, AND LEADERSHIP SERVICE TO THE STATE OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA.

The Resolution was adopted.

The following was introduced:

H. 5405 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE DON DELOACH FOR HIS SERVICE AS MAYOR OF THE TOWN OF VARNVILLE FOR EIGHTEEN YEARS AND AS A MEMBER OF VARNVILLE TOWN COUNCIL FOR FOURTEEN YEARS UPON HIS RETIREMENT AS MAYOR AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

The Resolution was adopted.

On motion of Rep. SANDIFER, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 1212 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 6-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PIONEER RURAL WATER DISTRICT OF OCONEE AND ANDERSON COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO CONSTRUCT, OPERATE, OR MAINTAIN SEWER LINES, TO AUTHORIZE THE DISTRICT TO ENTER INTO CONTRACTS WITH OTHER ENTITIES TO PERFORM THESE POWERS, AND TO PROVIDE THAT THE DISTRICT MAY NOT TREAT OR DISPOSE OF SEWERAGE.

On motion of Rep. SANDIFER, with unanimous consent, it was ordered that S. 1212 (Word version) be read the second time today.

The Senate amendments to the following Bill were taken up for consideration:

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

Rep. CLEMMONS explained the Senate Amendments.

Rep. CLEMMONS moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

Rep. TRIPP proposed the following Amendment No. 3A (Doc Name COUNCIL\PT\2125MM04):
Amend the bill, as and if amended, by deleting SECTION 7 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. TRIPP explained the amendment.

Rep. OTT moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.

Rep. CATO moved to adjourn debate on the Senate Amendments, which was agreed to.

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.

Rep. J. E. SMITH moved that the House recur to the Morning Hour, which was agreed to.

Rep. KENNEDY moved that the House recede until 2:00 p.m., which was agreed to.

At 2:00 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.

The question of a quorum was raised.
A quorum was later present.

The following was received from the Senate:

Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 496:

S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.
Very respectfully,
President

On motion of Rep. WITHERSPOON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. OTT, KOON and FRYE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Upon the withdrawal of objections by Reps. PERRY, D. C. SMITH and OTT, the following Bill was taken up:

S. 965 (Word version) -- Senators Fair, Cromer, Thomas and Martin: A BILL TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE PROHIBITION AGAINST CONFINING JUVENILES IN AN ADULT JAIL AND EXCEPTIONS TO THAT PROHIBITION, SO AS TO INCLUDE IN THE EXCEPTIONS, A JUVENILE CHARGED AS AN ADULT WITH A CLASS A, B, C, OR D FELONY; TO AMEND SECTION 20-7-7405, RELATING TO DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE THE PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT OF JUVENILE JUSTICE; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH EVALUATION IS EQUIVALENT TO A SECURE RESIDENTIAL EVALUATION AND TO AUTHORIZE THE COURT TO WAIVE THE EVALUATION OF A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A VIOLENT OFFENSE, THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, OR STRONG ARM ROBBERY BEFORE COMMITMENT OF THAT JUVENILE TO THE DEPARTMENT OF JUVENILE JUSTICE; AND TO REPEAL SECTION 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH RECORDS.

Rep. McLEOD proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12657AC04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION   __.   Article 13, Chapter 53, Title 44 of the 1976 Code is amended to read:

Section 44-53-1310.   This article may be cited as the 'Childhood Lead Poisoning Prevention and Control Act'.

Section 44-53-1320.   As used in this article, unless the context requires otherwise:

(1)   'Accessible surface' means any protruding interior or exterior surface that a child can mouth or chew including, but not limited to, an interior windowsill.

(2)   'Child' or 'children' means a person under six years of age.

(3)   'Child care facility' means a structure or portion of a structure in which children are present on a regular basis, including a structure used as a school, nursery, childcare facility, or other facility catering to the needs of children, including an outbuilding, fencing, or other structure used in conjunction with the structure.

(a)(4)   'Department' means the Department of Health and Environmental Control.

(b)(5)   'Dwelling' means a structure, all or part of which is designed or used for human habitation, including any a primary residence, secondary residence, outbuilding, fencing, or other structure used in conjunction therewith with the structure.

(c)(6)   'Dwelling unit' means any a room, group of rooms, or other areas of a dwelling.

(d)   'Exposed surface' means any interior surface of a dwelling, dwelling unit or child care facility and those exterior surfaces of such structures which are chewable by or readily accessible to children six years of age or younger, such as stairs, porches, railings, windows, doors and siding from ground level to a vertical distance of at least five feet, including those interior or exterior surfaces where peeling or chipping paint or other similar surface-coating material occurs or is likely to occur.

(7)   'Friction surface' means an interior or exterior surface subject to abrasion or friction including, but not limited to, a window or stair tread.

(e)(8)   'Householder' means the occupant of a dwelling or dwelling unit or his representative the occupant's agent, the owner of an unoccupied dwelling unit or his representative the owner's agent, or the owner or occupant of a day care childcare facility or his representative the owner's or occupant's agent.

(9)   'Impact surface' means an interior or exterior surface subject to damage by repeated impact on contact including, but not limited to, doors and door jambs.

(10)   'Lead-based hazard' means a condition that causes exposure to lead from lead-contaminated paint, lead-contaminated dust, bare lead-contaminated soil, or other lead-based substance that is deteriorated in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects.

(f)(11)   'Lead-base substance' means any paint, lacquer, glaze, or other similar surface-coating material and putty or plaster containing more than six hundredths of one percent (0.06 percent) lead by weight, calculated as lead metal in the total nonvolatile content or in the dried paint film or seven-tenths or more milligrams per square centimeter (0.7 mg/cm²) of lead in the dried paint film of paint already applied as measured by in situ analyzer device. Standards for lead-contaminated dust and lead-contaminated soil must be the same as those established by the United States Environmental Protection Agency.

(g)(12)   'Person' means any an individual, firm, corporation, association, trust, or partnership.

(h)   'Sale' or 'sell' means transfer or delivery for a consideration, barter, exchange or gift or offer therefor.

(i)   'Toys' means all articles intended for use by infants or children as playthings.

(j)(13)   'Lead poisoning' means a blood lead level at an elevation hazardous to health as established by the director Department of Health and Environmental Control.

(k)   'Director' means the Director of the Department of Health and Environmental Control.

(l)   'Child care facility' means a structure or portion thereof in which children under six years of age are present on a regular basis, including any structure used primarily as a residence, school, nursery, day care center, clinic, treatment center or other facility catering to the needs of children including any outbuilding, fencing or other structure used in conjunction therewith.

Section 44-53-1330.   No person shall use or apply lead base substances:

(a) To toys, furniture, cooking, drinking or eating utensils or the interior or exterior surface or fixture of any dwelling, dwelling unit or child care facility.

(b) In or upon any fixtures or other objects used, installed or located in or upon any exposed surface of a dwelling, dwelling unit or child care facility or intended to be so used, installed or located.

Section 44-53-1340.   No person shall sell, offer for sale, deliver, give away or possess with intent to sell, deliver or give away any of the following:

(a) Toys, furniture, cooking, drinking or eating utensils if the exterior finish contains a lead base substance.

(b) Fixtures or other objects intended to be used, installed or located in or upon any exposed surface of a dwelling, dwelling unit or child care facility if the exterior finish contains a lead base substance.

(c) Any lead base substance for use on any exposed surface of any dwelling, dwelling unit or child care facility. The director by regulation may exempt from the provisions of this item lead based paints that are not intended or suitable for use on or within residential premises which are not advertised or labeled as intended or suitable for such uses and which are not sold to the general public on a retail basis if he finds that the sale or use of such paints will not result in the exposure of children younger than six years of age to the paints and will not result in an additional danger to life or health for such children or for the general public. Also by regulation, he may exempt from the provisions of this item lead based ceramic glazes or the raw lead and raw lead compounds utilized in the home manufacturing of glazes on such terms as he finds will not result in additional danger to life or health.

The provisions of this section shall not apply to the sale of products which conform to the standards for the sale of lead base paint products under federal law.

Section 44-53-1350.   The provisions of this article shall do not apply to any items which that are exempt pursuant to federal law.

Section 44-53-1360.   (A)   The director shall department may establish a program for the early diagnosis of cases of childhood lead poisoning. The program shall must provide for systematic examination for lead poisoning of all children at risk under six years of age residing within the State. Examinations shall must be made by such means and at such intervals as the director shall determine department determines to be medically necessary and proper.

The program, to the extent that all children residing within the State are not systematically examined, shall must give priority in examinations to those children residing, or who have recently resided, in areas where significant numbers of lead poisoning cases have been reported recently or where other reliable evidence indicates that significant numbers of lead poisoning cases may be found.

(B)   When the department is informed notified of a case of lead poisoning pursuant to Section 44-53-1380 or otherwise, the director or his representative department shall cause to have examined examine or refer for examination within thirty days all other children under six years of age, and such other children as he may find the department finds advisable to examine, residing or recently residing in the household of the victim or in all other dwelling units in the dwelling of the victim or in a childcare facility occupied by the victim, unless the parents or guardian of the child objects to the examination because it conflicts with his or her religious beliefs or practices.

The department shall maintain comprehensive records of all examinations conducted pursuant to this section. The records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. The records shall be public records but the name of the persons examined shall not be included. A summary of the results of all examination conducted pursuant to this section shall be released yearly to all interested parties or more frequently if the director so determines.

All cases or probable cases of lead poisoning, as defined by regulation of the director, found in the course of examinations conducted pursuant to this section shall be reported immediately to the affected person, to his parent or legal guardian if he is a minor, and to the director. The director or his representative shall inform such persons or agencies as he deems advisable of the existence of such case or probable case. The name of any person contracting lead poisoning shall not be included unless the director determines that the inclusion is necessary to protect his health and well-being. These records are strictly confidential and may not be released except as required by law or by court order.

Section 44-53-1370.   The department shall may institute an educational and publicity program in order to inform the general public, and particularly parents of children residing in areas of significant exposure to sources of lead poisoning; teachers, social workers and other human service personnel; owners of residential property, particularly property constructed previous to 1945; and health services personnel, particularly interns, residents and other intake personnel at major hospitals, of the dangers, frequency and sources of lead poisoning and the methods of preventing such poisoning. a childhood lead poisoning prevention education program. The program shall emphasize the dangers and sources of lead poisoning and the methods of lead poisoning prevention and lead-based hazard remediation.

Section 44-53-1380.   (A)   Whenever any If a physician, hospital, public health nurse, or other diagnosing person or agency knows or has reason to believe that any person a child he or she examines or treats has or is suspected of having lead poisoning, such the person shall notify the department within seven days give notice thereof to the department. The department shall specify the procedure to be followed in making the reports and shall provide the necessary forms. When the reports are received, the department shall, by laboratory work and otherwise, assist the attending physician or other person in determining whether the case is one of lead poisoning and, if so, the source of the poison.
The director shall maintain comprehensive records of all reports submitted pursuant to this section. The records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. The records shall be public records but the name of any person contracting lead poisoning shall not be included.

(B)   A laboratory doing business in this State shall notify the department of the results of any blood lead analyses conducted on children under six years of age; this notification must be submitted to the department within thirty days of completion of the analysis.

Section 44-53-1390.   When the department is informed notified of a case of lead poisoning case, pursuant to Sections 44-53-1360 and 44-53-1380, or otherwise, any authorized representative of the department, upon presentation of the appropriate credentials to the householder, and with the consent of the householder or his agent, may enter and inspect a private a dwelling, dwelling unit, or childcare facility at reasonable times and in a reasonable manner for the purpose of ascertaining the presence of lead base substances conducting a lead-based hazard investigation and may remove samples of objects necessary for laboratory analysis. If the householder refuses admission to the premises, the inspector department shall may obtain an inspection warrant before he can inspect administrative warrant from a court of competent jurisdiction to investigate the premises. This section also applies to secondary residences and any other premises routinely occupied by the child.

Upon the request of any occupant, the director or his representative shall cause to have the occupant's premises inspected within a reasonable time, not to exceed ten days, unless systematic inspection of the areas in which the person requesting the inspection resides is scheduled within thirty days, in which case the inspection may be deferred up to twenty additional days.

Section 44-53-1400.   An administrative inspection warrant may be issued by any magistrate whose territorial jurisdiction encompasses the property to be inspected. The magistrate shall issue the warrant upon a showing that a victim of lead poisoning resides, or has recently resided, in the dwelling or child care facility or the magistrate shall issue the warrant if the owner of the property requests the premises be inspected because a child under the age of six years resides there. The issuance and execution of an administrative warrant to investigate must be as follows:

(1)   A judge or magistrate of a court having jurisdiction where the investigation is to be conducted, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting investigations authorized by this article or regulations promulgated pursuant to this article and removing samples of objects from the premises appropriate to the investigations. For the purpose of this section, 'probable cause' exists when the circumstances indicate there is reason to believe a child has been exposed or is at risk of being exposed to a lead-based hazard at the premises specified in the warrant.

(2)   A warrant must be issued only upon an affidavit of a department employee designated and having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge or magistrate shall issue a warrant identifying the area, premises, building, or conveyance to be investigated, the purpose of the investigation, and, where appropriate, the type of property to be investigated. The warrant must authorize the removal of samples of objects for laboratory analysis, where appropriate. The warrant must be directed to a designated department employee to execute it. The warrant must state the grounds for issuance and the name of the person or persons whose affidavit has been taken in support of the warrant. The warrant must command the person to whom it is directed to investigate the area, premises, building, or conveyance identified for the purpose specified and, where appropriate, authorize removal of samples of objects for laboratory analysis. The warrant must direct that it be served during reasonable hours and must designate the judge or magistrate to whom it must be returned.

(3)   A warrant issued pursuant to this section must be executed and returned within ten days of the date of issuance.

(4)   The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection with the warrant and shall cause these papers to be filed with the court which issued the warrant.

Section 44-53-1410.   An inspection warrant shall be issued only if it meets the following requirements:

(1) It shall be signed by the issuing official and shall bear the date and hour of its issuance above the signature with a notation that the warrant is valid for only twenty-four hours following its issuance, excepting Saturdays, Sundays and holidays.
seeking the warrant, the property where the inspection is to occur and be accurate enough in description so that the executor of the warrant and the householder can reasonably determine from it what property the warrant authorizes an inspection of.

(3) It shall indicate the conditions, objects, activities or circumstances which the inspection is intended to check or reveal.

(4) It shall be attached to the sworn affidavit of the person seeking the warrant who shall establish by his sworn affidavit that there is probable cause for believing that there is a condition, object, activity or circumstance legally justifying an inspection of the property and the basis for the establishment of the grounds described in Section 44-53-1400.

Section 44-53-1420.   Any inspection warrant shall be valid for only twenty-four hours after its issuance, excluding Saturdays, Sundays and holidays. It shall be personally served upon the householder between the hours of 8:00 a.m. and 8:00 p.m. and shall be returned within forty-eight hours, excluding Saturdays, Sundays and holidays.

Section 44-53-1430.   (A)   Whenever If a child under six years of age resides in any a dwelling or dwelling unit or is routinely present at a childcare facility in which any paint or other similar surface-coating material contains dangerous levels of lead which is on an exposed surface, as defined pursuant to Section 44-53-1320 a lead-based hazard has been identified, the department shall:

(a)(1)   The department shall post in or upon the dwelling, dwelling unit, or child care facility, in a conspicuous places place, notice of the existence of the substances which constitute a public health nuisance hazard. The notice shall must not be removed until the department states determines that the lead base substances no longer constitute a public health nuisance identified lead-based hazard has been remediated.

(b)(2)   The department shall give written notice of the existence of the substances lead-based hazard to all persons residing in the householder occupying the dwelling, dwelling unit, or childcare facility.

(c)(3)   The department shall give written notice of the existence of the substances lead-based hazard to the property owner or managing agent and order that the lead base substance on the exposed surface hazard be removed, replaced or securely and permanently covered within thirty days of receipt of notice. If, at the discretion of the director, the condition cannot be corrected within thirty days, an extension of reasonable time may be granted remediated within a reasonable period of time.

(B)   The property owner, agent or person in control of any a building subject to this article shall have has the right to appeal within thirty days from the decision order of the department to any court of competent jurisdiction, stating in the notice of appeal the grounds therefor, and the court shall affirm, modify or revoke the decision of the department within thirty days of receipt of the notice of appeal as a contested case.

If, before the end of the thirty-day period or extension, the owner sells the dwelling or child care facility, he shall notify the prospective buyer of the lead problem and the new owner shall assume the responsibility of carrying out the requirements of this section within the specified time period.

Section 44-53-1440.   No A person shall knowingly must not rent or offer for occupancy a dwelling or dwelling unit to be occupied by children under six years of age which has been posted and ordered cleared remediated of harmful lead base substances in accordance with Section 44-53-1430 hazards until the identified hazards have been remediated. If the presence of lead base paint or other surface-coating materials is unsuspected and the lead-based hazard becomes known when the dwelling or dwelling unit is already rented to a family with children under six years of age, the family of the children shall must not be evicted for that reason unless a court order is issued pursuant to Section 44-53-1470(2). The owner and occupant of the dwelling or dwelling unit shall be given written notice by the director or his representative advising of the existence of such substances in the dwelling or dwelling unit and ordering that within thirty days such lead base substances be removed, replaced or securely and permanently covered.

Section 44-53-1450.   The director department may adopt such promulgate regulations as may be necessary to carry out the intent and provisions of this article; provided, however, that the promulgation of any regulation which is contrary to or inconsistent with federal law shall be null and void.

Section 44-53-1460.   Nothing in this article shall may be interpreted or applied in any manner to defeat or impair the right of any a person, municipality, or other political entity to maintain an action or suit for damages sustained, or equitable relief of, for violation of an ordinance by reason of, or in connection with, any a violation of this article.

Section 44-53-1470.   If the owner of any residential property or child care facility who is notified pursuant to this article of a dangerous level of lead in paint or other surface-coating material present upon his premises refuses or does not satisfactorily correct or remove such dangerous conditions within the time specified by Section 44-53-1430, the director or his representative may:

(1) Cause such building, structure or portion thereof to be made safe. For the purpose of removing the public health hazard, the director or his representative may immediately enter the structure or go upon the land on which it stands and with such assistance and at such cost as he deems necessary remove the nuisance. Cost incurred, if not paid by the property owner or agent, shall be borne by the State Budget and Control Board which shall acquire a lien on the property to the amount of such costs, which shall be recorded in the office of the clerk of court or register of deeds in the county where the property is situated and the lien shall be enforceable as a tax lien, junior in priority to any other prior recorded lien or mortgage on the property.

(2) Upon request, and with the consent of the owner or his representative, obtain an order from a court of competent jurisdiction that the structure be declared unfit for human habitation and shall not be leased, rented or otherwise occupied as a residence or child care facility until such time as the lead poisoning conditions are abated.

Section 44-53-1480.   Any A person violating the provisions who knowingly violates a provision of this article or an order of the department issued pursuant to this article shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than two hundred dollars or be imprisoned for not more than thirty days the maximum allowed by the magistrates' courts in this State. Each day's violation shall constitute constitutes a separate offense. Violations existing within individual Isolated lead hazard violations existing in dwellings, dwelling units, or childcare facilities shall must be considered separate violations. No person shall be convicted of violating Section 44-53-1340 unless it is proved that he had actual knowledge that he was violating any of the acts prohibited by Section 44-53-1340.

Section 44-53-1490.   A person who violates a provision of this article or a final determination or order of the department issued pursuant to this article is subject to a civil penalty not to exceed one thousand dollars a day.

Section 44-53-1500.   The provisions of this article are contingent upon the appropriation of state general funds or the availability of financial support from other sources."/
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

Rep. M. A. PITTS raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

The Bill was read second time and ordered to third reading.

The Senate amendments to the following Bill were taken up for consideration:

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

Rep. SCOTT moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

Rep. TRIPP moved to adjourn debate on the Senate Amendments, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.

Rep. GILHAM proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\12664AC04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __. A.   Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-223.   (A)   For purposes of this section, real property means real property classified for property tax purposes pursuant to Section 12-43-220.

(B)   There is exempted from property tax an amount of fair market value of real property located in the county sufficient to limit to twenty percent any valuation increase attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217. An exemption allowed by this section does not apply to:

(1)   value attributable to property or improvements not previously taxed, such as new construction, and for renovation of existing structures;

(2)   real property transferred after the year in which the most recent countywide equalization program was implemented pursuant to Section 12-43-217; and

(3)   real property valued for property tax purposes by the unit evaluation method.

(C)(1)   Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to property which has been transferred in fee simple in a transfer that is not subject to income tax pursuant to Sections 102, limited to transfer to a spouse or surviving spouse, (Gifts and Inheritances), 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), 1041 (Transfers of Property Between Spouses or Incident to Divorce), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code as defined in Section 12-6-40; and to distributions of real property out of corporations, partnerships, or limited liability companies to persons who initially contributed the property to the corporation, partnership, or limited liability company.

(2)   Notwithstanding subsection (B), and in addition to the nondisqualifying transfers allowed pursuant to item (1) of this subsection, the transfer of any interest in real property to a spouse, whether inter vivos, testamentary, or by operation of law, is a nondisqualifying transfer, and the exemption allowed pursuant to Subsection (B)(2) continues to apply to the interest transferred.

(D)   Once the taxable value of a property is reduced because of the exemption provided in subsection (B), that reduced value remains in effect, except as otherwise provided in subsection (B)(2), until the implementation of the next equalization and reassessment program. The effect of this exemption is, that upon the implementation of each subsequent equalization and reassessment program, the value of the property as determined under Section 12-37-930, reduced by the amount of any exemption granted under this section, may not increase except in the year following a disqualifying transfer in ownership.

When a property is transferred such that the property is no longer eligible for the exemption provided for in subsection (B), the property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at market value based on the sale or transfer of ownership or at the appraised value determined by the county assessor.

(E)   The closing attorney involved in a real estate transfer shall provide the following notice to the buyer(s), which was ruled out of order:

THE INTEREST IN REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO PROPERTY TAXATION DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE.

(F)   To qualify for the exemption authorized under subsection (B), the owner of the property for which the exemption is sought or the owner's agent must apply to the county assessor where the property is located and establish eligibility for the exemption. The time period for making application for the exemption provided for in subsection (B), or for seeking a refund of taxes paid as a result of a subsequent determination of eligibility for the exemption, is the same as provided for in Section 12-43-220(c) for administering the special legal residence assessment ratio, mutatis mutandis.

Under penalty of perjury, the taxpayer must certify that the property meets the qualifications established in subsection (B) for eligibility for the exemption and provide such other proof required by the county assessor. The burden is on the taxpayer to establish eligibility for the exemption. The Department of Revenue shall assist the applicant and the assessor to the extent practicable in providing information necessary or helpful in determining eligibility. If the assessor determines the applicant ineligible, the value of the property must be determined by the assessor.

No further application is necessary from the owner who qualified the property for the exemption while the property continues to meet the eligibility requirements. If a change in ownership occurs, the owner who had qualified for the exemption shall notify the assessor within six months of the transfer of title. Another application is required by the new owner if the new owner seeks to qualify for the exemption provided by this section.

If a person signs the certification, obtains the exemption, and is, thereafter, found not eligible, a penalty may be imposed equal to one hundred percent of the tax paid, plus interest on that amount at a rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes assessed on the value of the property without regard to the exemption."
B.   Section 12-37-223A. of the 1976 Code, is repealed for property tax years beginning after 2003.
C.   Article 1, Chapter 37, title 12 of the 1976 Code is amended by adding:

"Section 12-37-130.   The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall appoint, by January 14, 2014, a task force to study the effects of this chapter on homeowners and the real estate industry and recommend changes to this chapter, and shall report its findings to the General Assembly no later than January 13, 2015."
D.   Section 6-1-320(A) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:

"(A)   Notwithstanding Section 12-37-251(E), a local governing body may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year only to the extent of the increase in the consumer price index for the in the average of the twelve monthly consumer prices indexes for the most recent twelve-month period consisting of January through December of the preceding calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."
E.   This section takes effect upon approval by the Governor and applies for countywide reassessment values implemented after 2003. Amounts exempted pursuant to the former provisions of Section 12-37-223(A) are deemed to have been exempted pursuant to Section 12-37-223 of the 1976 Code, as added by this act.
Renumber sections to conform.
Amend title to conform.

Rep. PERRY raised the Point of Order that Amendment No. 1A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the Bill dealt with modular housing standards and the amendment dealt with reassessment penalty caps on real estate. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. KIRSH proposed the following Amendment No. 2A (Doc Name COUNCIL\GGS\22771HTC04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/   SECTION   ____.   A.   Chapter 49, Title 12 of the 1976 Code is amended by adding:

of Mobile or Manufactured Homes

Section 12-49-1110.   As used in this article:

(1)   'Auditor' means the officer charged by law with the assessment of ad valorem taxes and assessments and with the mailing of tax notices.

(2)   'Collateral' means the mobile or manufactured home in which a lienholder holds a security interest.

(3)   'Collateral list' means a written list, including all supplements, that a lienholder provides to a tax collector pursuant to this article, listing the lienholder's collateral that, according to the United States Postal Zip Codes shown in the lienholder's records as the mailing address where the collateral is cited, is or may be located within a county of this State.

(4)   'Department' means the South Carolina Department of Motor Vehicles or its successor.

(5)   'Lien' means a mortgage and a security agreement.

(6)   'Lienholder' means the owner, holder, and servicing agent of a security interest affecting a mobile or manufactured home as security for the payment of money.

(7)   'Mobile home' or 'manufactured home' is as defined as provided in Sections 12-43-230(b) and 40-29-20(9).

(8)   'Mortgage' means a mortgage, deed of trust, or other written instrument covering or affecting real property as security for the payment of money.

(9)   'Mortgagee' means the mortgagee identified in a mortgage of record or any holder or assignee of the mortgage.

(10)   'Mortgagee list' means a written list, including all supplements, that a mortgagee provides to a tax collector pursuant to this article, showing the current name and address of the mortgagee/holder of the mortgages listed thereon within a county of this state.

(11)   'Property' means real property, a manufactured home, or a mobile home.

(12)   'Office of the register of deeds' means the office in each county where real property deeds and mortgages are recorded.

(13)   'Security interest' means an interest created by a security agreement or other written instrument covering a mobile or manufactured home for the payment of money.

(14)   'Tax collector' means the officer charged by law with the collection of delinquent ad valorem taxes, assessments, penalties, and costs.

(15)   'Tax title' means a deed for real property and a bill of sale for personal property.

(16)   'The most current' means the latest in time.

Section 12-49-1120.   When real property is levied upon for taxes by the tax collector, the tax collector shall give at least twenty days written notice of the levy to a mortgagee contained on the mortgagee list filed with the tax collector as provided in Section 12-49-1150. The period of twenty days shall begin to run from the time the notice is personally delivered or from the date of its mailing when delivered by registered mail as provided in this article. The notice must contain a description of the real property levied upon, including the tax map number assigned by the county, the name of the owner, the year or years for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs. The notice must be delivered to the mortgagees either personally or by registered mail with return receipt requested at the address(es) shown on the most current mortgagee list for a particular mortgagee. If delivered personally, the tax collector shall obtain a signed receipt from the mortgagee. Although a separate notice must be prepared for each parcel of real property to be sold, a tax collector may enclose in the same package or envelope multiple notices to be given to the same mortgagee at the same address.

Section 12-49-1130.   The form of notice required pursuant to Section 12-49-1120 must be substantially as follows:

Notice is given to ____________________ as the holder of a certain mortgage recorded in the office of the_____________ in Book _______ at Page _______, of the county of __________, State of South Carolina, that there are now due and unpaid taxes for the year 20___ amounting to $__________, with accrued cost of $__________, for which a tax execution has been issued and levy made upon the following described real property owned by ____________________ and embraced within the mortgage, and that the real property will be advertised for sale and sold unless such taxes are paid before the advertised date of sale.
Description of the Real Property Levied Upon
____________________________________________
_____________________________________________
Tax Map No. _________________________________
______________________________
Tax Collector
______________________________
Address

Date:_______________

Section 12-49-1140.   The tax collector shall keep a record of each notice given under Section 12-49-1120 that contains the date the notice was delivered, the method of delivery, the address where the notice was delivered, and the name of the addressee of the notice.

Section 12-49-1150.   To entitle a mortgagee to the notice required by Section 12-49-1120, a list of each mortgage as to which the notice is desired must be filed by the mortgagee with the tax collector of the county in which the real property covered by a mortgage lies on or before the fifteenth day of March of each year, on which must be shown the name and address of the mortgagee, the name of each mortgagor, and the book and page of the record where each mortgage listed is recorded.

Section 12-49-1160.   The form of the mortgagee list for real property must be substantially as follows:
Mortgagee List For ____________ County
Mortgagee/Holder: __________________________
Address for Notice: __________________________

__________________________

Date: _______________
Page           Name of Owner(s)     Tax Map       Book           Number         or Mortgagor(s)     Number       of Record

Section 12-49-1170.   The mortgagee list may be provided to the tax collector through any medium acceptable to the sender and the receiver. This medium may include: United States mail, hand delivery, express delivery, or e-mail. The sender shall maintain sufficient proof that the mortgagee list and any supplement were provided to the tax collector.

Section 12-49-1180.   (A)   The rights, interest, and security of a mortgagee complying with the provisions of Section 12-49-1150 are not affected by a tax sale and a deed of conveyance, unless the provisions of Section 12-49-1120 are complied with.

(B)   Except as specifically provided in this article, the rights and remedies of a mortgagee granted elsewhere in this title are not affected by whether or not the mortgagee provides a mortgagee list of real property pursuant to 12-49-1150.

Section 12-49-1190.   When a mobile or manufactured home is levied upon for taxes by the tax collector, the tax collector, at least forty-five days before the date of the tax sale, shall give written notice of the levy to any lienholders by following the procedures set forth in Section 12-49-1220. The notice must contain a description of the mobile or manufactured home levied upon, including the year, make/model, size and serial number, the name of the owner, the address and zip code where the mobile or manufactured home is located, the year or years for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs. The notice must be delivered to the lienholders either personally or by registered mail with return receipt requested at the addresses obtained by the tax collector by following the procedures set forth in Section 12-49-1220. If delivered personally, the tax collector must obtain a signed receipt from the lienholder. Although a separate notice must be prepared for each mobile or manufactured home to be sold, a tax collector may enclose in the same package or envelope multiple notices to be given to the same lienholder at the same address.

Section 12-49-1200.   The form of the notice required by Section 12-49-1190 must be substantially as follows:

Notice is given to ____________________ as the holder of a certain lien on the mobile or manufactured home below described, that there are now due and unpaid taxes for the year 20___ in the amount of $__________ with accrued costs of $__________ for which a tax execution has been issued and levy made upon the described home owned by ____________________. The home will be advertised for sale and sold unless the taxes are paid before the advertised date of sale.

Description of Mobile or Manufactured Home Levied Upon

_______________________

Tax Collector

____________________________

Address

_____________

Date

Section 12-49-1210.   The tax collector shall keep a record of each notice given pursuant to Section 12-49-1190 that must contain the date the notice was delivered, the method of delivery, the address where the notice was delivered, and the name of the addressee of the notice.

Section 12-49-1220.   (A)   In providing the notice of levy and sale required in Section 12-49-1190 relating to mobile or manufactured homes, the tax collector shall comply with the procedures set forth in subsections (B) or (C), (D) and (E). However, nothing in this section requires the tax collector to send more than one notice of levy to a single lienholder at the same mailing address that is revealed multiple times by compliance with the different procedures set forth. If a single lienholder's name at different mailing addresses is revealed or would have been revealed by compliance with the procedures provided pursuant to this section, however, notice of levy must be sent to the lienholder at all these mailing addresses.

(B)   For liens created before January 1, 1995, the tax collector shall provide the notice of levy to the lienholders contained on the certificate of title issued by the department. To obtain the name and address of the lienholders, the tax collector shall forward to the department a form substantially as provided below requesting the name and address of all lienholders shown on the certificate of title. The delinquent tax collector shall not advertise the sale of property without a return of this form:

To the Department of ____________________:

I have been instructed by the county treasurer to levy and sell the following personal property:

Please provide me with the lienholders' names and addresses as shown on the certificate of title:

NAME:

ADDRESS:

DESCRIPTION OF COLLATERAL:

VIN NUMBER:

LIENHOLDER:

LIENHOLDERS' ADDRESS:

(C)   For liens created on or after January 1, 1995, the tax collector shall provide the notice of levy to the lienholders identified on the forms provided to the county officials pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.

(D)(1)   In addition to complying with the procedures set forth in either subsection (B) or (C), for tax years beginning January 1, 2002, and thereafter, the tax collector shall send the notice of levy required by this article to the lienholders at the addresses shown on the most current collateral list provided to the tax collector pursuant to Section 12-49-1230 by the lienholders holding a lien on the subject mobile or manufactured home. If a lienholder's most current collateral list, including any supplement, fails to disclose to the tax collector the lienholder's lien on a home that is to be sold, the lienholder is not entitled to notice pursuant to this subsection. If the collateral lists of two or more lienholders show the same subject mobile or manufactured home as their collateral, all the lienholders must be notified of the tax sale.

(2)   If a lienholder provides the tax collector with a supplemental collateral list as described in subsection 12-49-1230(B) after July first of any given year and the tax collector intends to sell a mobile or manufactured home shown on that supplemental list for which the lienholder could not be properly identified by the tax collector's compliance with the procedures provided in subsections (B) or (C) and (D)(1) and (E), the tax collector shall give a notice to a newly-identified lienholder or to a lienholder at the newly-identified address, or both, the notice required by this subsection.

(a)   If there are sixty-five or more days between the receipt by the tax collector of the supplemental collateral list and the date of the scheduled tax sale, the tax collector shall deliver to the newly-identified lienholder or at the newly-identified address, or both, the notice required by Section 12-49-1190 in the same manner and timing as provided in that section.

(b)   If there are fewer than sixty-five days, but at least forty-five days between the receipt by the tax collector of the supplemental collateral list and the date of the scheduled tax sale, the tax collector shall deliver to the newly-identified lienholder or at the newly-identified address, or both, the notice required by Section 12-49-1190 in the same manner as required pursuant to that section, except that the notice must be given no fewer than twenty days before the date of the scheduled tax sale.

(c) If the tax sale has already occurred by the time the tax collector receives the supplemental collateral list, or if there are fewer than forty-five days between the receipt by the tax collector of the supplemental collateral list and the date of the scheduled tax sale, the tax collector is not required to deliver to the to the newly-identified lienholder or at the newly-identified address, or both, any notice pursuant to subsection (D)(2). Except to the extent that they are entitled to receive notice pursuant to subsections (B) or (C) and (D)(1) and (E), the only notice the newly-identified lienholders are entitled to receive, or known lienholders at a newly-identified address, under this subitem is a notice of their right of redemption pursuant to Chapter 51.

(E)   In addition to following the procedures provided pursuant to subsections (B) or (C) and (D) for tax years beginning January 1, 2002, and thereafter, the tax collector shall send the notice of levy required by this article to the lienholders at the addresses provided to county officials pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.

Section 12-49-1230.   (A)   By July first of each year, each lienholder may provide a written collateral list to the tax collector of each county in which the lienholder's collateral is located. The collateral list sent to a particular county must be derived by a lienholder sorting its accounts by United States Postal Zip Codes and by sorting those zip codes by the counties that have geographical areas covered by those zip codes. The zip codes used must be those shown in the lienholder's records as the mailing addresses where the collateral is sited. For those zip codes covering geographical areas that extend into multiple counties, the collateral list sent to all counties sharing the same zip codes must contain the information required by Section 12-49-1250.

(B)   Any collateral list provided by a lienholder to a tax collector after July first and no later than December 31 of any year is considered a supplemental collateral list for purposes of the lienholder's right to receive notice of a tax levy and sale pursuant to Section 12-49-1190(D) for that same calendar year.

(C)   Nothing in this section requires a lienholder to provide to the tax collector a collateral list annually or periodically. However, if a particular lienholder does not timely provide a collateral list to the tax collector for the year in which the tax collector intends to sell property on which that lienholder holds a lien, the tax collector may rely on the most current information obtained pursuant to Section 12-49-1190, including but not limited to, a collateral list from a prior year.

Section 12-49-1240.   The form of the collateral list and any supplement for mobile or manufactured homes must be substantially as follows:

Collateral List For __________________ County

Lienholder: _________________________

Address for Notice:___________________

Date: ______________________________

Name(s) of Owner(s):__________________

Address of Home:______________________

Other Address(es) of Owner(s), which was ruled out of order:________________________

Zip Code:_____________________

Year of Home:_________________

Make/Model:_____________________

Size of Home:_____________________

Full Serial Number:____________________

Section 12-49-1250.   The collateral list and any supplement may be provided to the tax collector through any medium acceptable to the sender and the receiver. The medium may include: U.S. mail, hand delivery, express delivery, or e-mail, but the sender shall maintain sufficient proof that the collateral list and any supplement were provided to the tax collector.

Section 12-49-1260.   The collateral lists and any supplements must be maintained by the tax collector strictly and solely for the purposes set forth in this article. These collateral lists are exempt from disclosure pursuant to Chapter 4 of Title 30, The Freedom of Information Act. The tax collector is responsible for maintaining the confidentiality of these lists within his office. No person in the tax collector's office may give, release, or provide in any form or fashion to any person or entity the original or any photographic or electronic copy of the collateral lists or any list reconstructed from the tax collector's records that shows the owners of mobile or manufactured homes in any county and the names of the lienholders of these homes. The collateral lists must be used solely for the purposes of notifying the lienholders of impending tax sales and the expiration of redemption periods. Nothing in this section is intended to prevent a tax collector from integrating information obtained from the collateral lists into the tax collector's records in the same manner as the tax collector integrates information in his records obtained from other sources. Furthermore, nothing in this section is intended to prevent a tax collector from providing information to a person or entity about the name of the owner and lienholder of a particular mobile or manufactured home.

Section 12-49-1270.   (A)   Except as otherwise provided in Section 12-49-1220 or 12-49-1290, unless the tax collector complies with the provisions of Sections 12-49-1190 and 12-49-1220, the rights, interest, and security of any lienholder of a mobile or manufactured home is in no way affected by a tax sale and a transfer of title made pursuant to the tax sale.

(B)   Except as specifically provided in this article, the rights and remedies of a lienholder of a mobile or manufactured home under the terms of the security documents or as otherwise provided in this title are not affected by whether or not a lienholder provides a collateral list to the tax collector or provides information to the auditor about where and to whom tax notices are to be sent.

Section 12-49-1280.   Notwithstanding any other provisions of this article, none of the following circumstances are grounds for voiding a tax sale:

(1)   The tax collector complied with Section 12-49-1220(B) but the return from the department did not provide the name and address of the current lienholder, and the lienholder's most current collateral list that was provided to the tax collector did not accurately reflect the name and address of the lienholder for the subject mobile or manufactured home, and the county had not been provided information about the lienholder and its address pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.

(2)   The subject mobile or manufactured home appeared on collateral lists of more than one lienholder and the tax collector did not notify all the lienholders, but nevertheless, the tax collector did notify the lienholders that did in fact hold liens on the subject mobile or manufactured home at the time the notice was given, and the notice was sent to the correct addresses of the lienholders holding the liens where the owner's account was being serviced at the time the notice was given.

(3)   The lienholder that actually holds the lien on the subject mobile or manufactured home at the time the notice was given receives the notice at the correct address of the lienholder where the owner's account is being serviced, regardless of how the tax collector obtained the correct name and address of the lienholder.

Section 12-49-1290.   Notwithstanding the provisions of this article, none of the following circumstances are a defense to a lienholder's effort to void a tax sale:

(1)   The lienholder failed to provide the tax collector with a collateral list for one or more years, but the most current collateral list the lienholder did provide the tax collector, including any supplements described in Section 12-49-1220(D)(2)(a) and (b), showed that the lienholder held a lien on the particular mobile or manufactured home that was sold by the tax collector at a tax sale, or the county had been provided information about the lienholder and its address pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.

(2)   The tax collector attempted to provide the notice required by this article by providing a list to one or more lienholders of mobile or manufactured homes to be sold by that county without specifying which mobile or manufactured homes were the actual collateral of which of the lienholders. A tax collector does not comply with this article by sending to lienholders a list of all mobile or manufactured homes to be sold without specifying which of the homes are the collateral of which of the lienholders.

Section 12-49-1300.   Collateral lists of lienholders of and supplements to the lists maintained by the tax collector pursuant to this article are not subject to disclosure pursuant to Chapter 4 of Title 30."
B.   Section 12-51-55 of the 1976 Code, as amended by Act 399 of 2000, is further amended to read:

"Section 12-51-55.   The officer charged with the duty to sell real property and mobile or manufactured housing for nonpayment of ad valorem property taxes shall submit a bid on behalf of the Forfeited Land Commission equal to the amount of all unpaid property taxes, penalties, assessments, including but not limited to assessments owed to a special taxing district established pursuant to Section 4-9-30, Chapter 19 of Title 4, or an assessment district established pursuant to Chapter 15 of Title 6, and costs including taxes levied for the year in which the redemption period begins. The Forfeited Land Commission is not required to bid on property known or reasonably suspected to be contaminated. If the contamination becomes known after the bid or while the commission holds the title, the title is voidable at the election of the commission. If the property is not redeemed, the excess above the amount of taxes, penalties, assessments, and costs for the year in which the property was sold must be applied first to the taxes becoming due during the redemption period."
C.   Section 12-51-130 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:

"Section 12-51-130.   Upon failure of the defaulting taxpayer, a grantee from the owner, a mortgagee, a judgment creditor, or a lessee of the property to redeem realty within the time period allowed for redemption, the person officially charged with the collection of delinquent taxes, within thirty days or as soon after that as possible, shall make a tax title to the purchaser or the purchaser's assignee. Delivery of the tax title to the clerk of court or register of deeds is considered 'putting the purchaser, or assignee, in possession'. The tax title must include, among other things, the name of the defaulting taxpayer, the name of any grantee of record of the property, the date of execution, the date the realty was posted and by whom, and the dates each certified notice was mailed to the party or parties of interest, to whom mailed and whether or not received by the addressee. The successful purchaser, or assignee, is responsible in the amount of fifteen dollars for the actual cost of preparing the tax title plus documentary stamps necessary to be affixed and recording fees. The successful purchaser, or assignee, shall pay the amounts to the person officially charged with the collection of delinquent taxes before delivery of the tax title to the clerk of court or register of deeds and, upon payment, the person officially charged with the collection of delinquent taxes is responsible for promptly transmitting the tax title to the clerk of court or register of deeds for recording and remitting the recording fee and documentary stamps cost. If the tax sale of an item produced more cash than the full amount due in taxes, assessments, penalties, and costs, the overage belongs to the owner of record immediately before the end of the redemption period to be claimed or assigned according to law. These sums are payable ninety days after execution of the deed unless a judicial action is instituted during that time by another claimant. If neither claimed nor assigned within five years of date of public auction tax sale, the overage shall escheat to the general fund of the governing body. Before the escheat date unclaimed overages must be kept in a separate account and must be invested so as not to be idle and the governing body of the political subdivision is entitled to the earnings for keeping the overage. On escheat date the overage must be transferred to the general funds of the governing body."   /
Renumber sections to conform.
Amend title to conform.

Rep. MCGEE raised the Point of Order that Amendment No. 2A was out of order in that it was not germane to the Bill.
Rep. KIRSH argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. KIRSH proposed the following Amendment No. 3A (Doc Name COUNCIL\GGS\22769HTC04), which was ruled out of order:
Amend the bill, as and if amended, by adding thirty-three appropriately numbered sections to read:
/   SECTION   ____.   A.   Section 4-29-67(D)(2)(b) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(b)   for an investment exceeding one hundred million dollars an annual payment based on an alternative arrangement yielding a net present value of the sum of the fees for the life of the agreement not less than the net present value of the fee schedule as calculated pursuant to subsection (D)(2)(a). Net present value calculations performed pursuant to this subsection must use a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published during the month in which the inducement agreement is executed. If no yield is available for the month in which the inducement agreement is executed, the last published yield for the appropriate maturity must be used. If there are no bonds of appropriate maturity available, bonds of different maturities may be averaged to obtain the appropriate maturity; or."
B.     Section 4-29-67(F)(2)(b) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(b)   the new replacement property that qualifies for the fee provided in subsection (D)(2) is recorded using its income tax basis, and the fee is calculated using the millage rate and assessment ratio provided on the original fee property. The fee payment for replacement property must be based on subsection (D)(2)(a) or (c) if the investor sponsor originally used that method, without regard to present value."
C.   Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor, and except where otherwise specifically provided, applies for fee agreements entered into after September 30, 2004.
SECTION   ____.   A.   Section 12-6-2220(2) of the 1976 Code is amended to read:

"(2)   Dividends received from corporate stocks owned not connected with the taxpayer's business, less all related expenses, are allocated to the state of the corporation's principal place of business as defined in Section 12-6-30(9) or the domicile of an individual taxpayer."
B.   Section 12-6-2220(2) of the 1976 Code, as amended by this section, applies for taxable years beginning after 2003.
SECTION   ____.   A.   Section 12-6-3365(A) of the 1976 Code, as amended by Act 69 of 2003, is further amended to read:

"(A)   A taxpayer creating and maintaining at least one hundred full-time new jobs, as defined in Section 12-6-3360(M), at a facility of a type identified in Section 12-6-3360(M) may petition, utilizing the procedure in Section 12-6-2320(B), for a moratorium on state corporate income or insurance premium taxes imposed pursuant to Section 12-6-530 or insurance premium taxes imposed pursuant to Title 38 for the ten taxable years beginning the first full taxable year after the taxpayer qualifies and ending either ten years from that year or the year when the taxpayer's number of full-time new jobs falls below one hundred, whichever is earlier. For purposes of insurance premium taxes, the petition pursuant to Section 12-6-2320(B) must be made to and approved by the director of the Department of Insurance."
B.   The amendment to Section 12-6-3365 of the 1976 Code in this section does not affect its repeal as provided in Section 3 of Act 277 of 2000.
SECTION   ____.   A. Section 12-6-3480 of the 1976 Code is amended to read:

"Section 12-6-3480.   (A)   Notwithstanding any other provision of law:

(1)   Any credits under Title 38 may be applied against any taxes imposed under this chapter or license fees imposed under Chapter 20 of this title.

(2)   Any credits under this chapter or Chapter 14 of this title which are earned by one member of a controlled group of corporations a corporation included in a consolidated corporate income tax return under Section 12-6-5020 may must be used and applied against the consolidated tax, unless otherwise specifically provided by that member and by any other members of the controlled group of corporations.

(3)   Any limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of a credit must be computed one credit at a time before any other another credit is used to reduce any remaining tax or license fee liability under this chapter or Chapter 20 of this title. Subject to item (4), The taxpayer may apply any credits arising under this chapter or Chapter 14 of this title in any order the taxpayer elects, and may apply a credit that is allowed for use against both taxes and license fees in any order, unless otherwise specifically provided, and against either one or both taxes and license fees in any given year, subject to specific limitations in the applicable credit statute and this item.

(4)   No credit amount may be used more than once, and all credits must be used, to the extent possible in any given year, first by the company that earned them, and second against the tax which generated them. Unless otherwise provided by law, a tax credit administered by the department must be used to the extent possible in the year it is generated and cannot be refunded.

(5)   As used in this section:,

(a)   the term "controlled group of corporations" has the same meaning as provided under Section 1563 of the Internal Revenue Code without regard to Section 1563(a)(4), (b)(2)(A), only with respect to corporations which are in existence for less than one-half the number of days in the tax year referred to therein, and (b)(2)(C) and (D);

(b)   the term 'tax credit' or 'credit' means a statutorily directed or authorized reduction in the tax liability made after any applicable tax rates are applied."
B.   Section 12-6-3480 of the 1976 Code, as amended by this section, applies for taxable years beginning after 2003.
SECTION   ____.   A.   Section 12-6-5020(F) of the 1976 Code is amended to read:

"(F)   If a corporation which files or is required to file a consolidated return is entitled to one or more income tax credits, including the carryover of unused credits from prior years, the income tax credits may must be determined on a consolidated basis. Limitations on credits which refer to the income or the income tax liability of a corporation are deemed to refer to the income or income tax liability of the consolidated group, and credits shall reduce the consolidated group's tax liability regardless of whether or not the corporation entitled to the credit contributed to the tax liability or of the consolidated group."
B.   Section 12-6-5020(F), as amended by this section, applies for taxable years beginning after 2003.
SECTION   ____.   A.   Section 12-6-5030 of the 1976 Code is amended to read:

"Section 12-6-5030.   (A)   A partnership or 'S' Corporation may file a composite individual income tax return on behalf of the nonresident partners or shareholders that are individuals, or trusts, and or estates in which the income is taxed to the trust or estate, or the department may require that a partnership or 'S' Corporation file a composite individual income tax return on behalf of the nonresident partners or shareholders that are individuals, or trusts and estates in which the income is taxed to the trust or estate, provided that a nonresident partner or 'S' Corporation shareholder having taxable income within the jurisdiction of this State from sources other than the partnership or 'S' Corporation may not file as part of the composite return.

(B)(1)   A composite return is one which combines the separate South Carolina tax liabilities of the nonresident partners or shareholders and a single return for two or more taxpayers having the same tax year in which each participant's share of the partnerships or 'S' Corporation's taxable income or loss is separately computed and added together to arrive at the total tax due on the composite return. The partnership or 'S' Corporation may elect to determine each participant's tax due by one of the following methods:

(a)   compute the pro rata share of the standard deduction or itemized deductions, and personal exemption amount for each participant pursuant to Section 12-6-1720(2) in the same manner as if it was being separately reported; or

(b)   compute each participant's share of South Carolina income without regard to any deductions or exemptions.

(2)   The composite return is signed by a general partner or an authorized officer of the 'S' Corporation.

(C)   If there is not sufficient information to determine the separate liability or the state of residence, then no deduction is allowed for personal exemptions, individual itemized deductions, or standard deductions.

(D)(1)   A composite return may be filed even if some of the nonresident fiduciary and individual shareholders and partners eligible to participate in filing a composite return choose not to participate. Corporate taxpayers may not participate in a composite return.

(2)   A nonresident participating in the composite return that has South Carolina income from sources other than the entity filing the composite return is required to file appropriate returns and make payment of all South Carolina taxes required by law. Taxes paid for the nonresident with the composite return shall reduce taxes due at the time the nonresident subject to this subitem files a separate return for the tax year reporting South Carolina income from all sources. The entity shall furnish to each nonresident a written statement as required by Section 12-8-1540(A) as proof of the amount that has been paid by the partnership or 'S' corporation as estimated payments for the nonresident and the amount paid for the nonresident with the composite return.

(E)(D)   The department may establish procedures or promulgate rules and promulgate regulations necessary to carry out the provisions of this section."
B.   Section 12-6-5030 of the 1976 Code, as amended by this section, applies for taxable years beginning after 2003.
SECTION   ____.   A.     Section 12-8-1520(A)(2) of the 1976 Code is amended to read:

"(2)   If a resident withholding agent is required under the Internal Revenue Code to deposit withheld funds at a financial institution, then the withholding agent shall deposit the funds required to be withheld under this chapter at a financial institution selected by the State Treasurer, unless otherwise instructed by the department."
B.   Section 12-8-1520 of the 1976 Code is amended by adding at the end:

"(D)   Any withholding agent making at least twenty-four payments in a year must do so as provided in Section 12-54-250."
C.   Section 12-8-1520(A)(2) of the 1976 Code, as amended in subsection A of this section, takes effect July 1, 2004. The amendment to Section 12-8-1520 in the 1976 Code in subsection (B) of this section applies for payments due after January 1, 2005.
SECTION   ____.   Section 12-10-105 of the 1976 Code, as added by Act 334 of 2002, is amended to read:

Section 12-10-105.   In addition to the application fee provided in Section 12-10-100, an additional annual fee of one thousand dollars must be remitted by those qualifying businesses receiving claiming in excess of ten thousand dollars of job development credits or in excess of ten thousand dollars in job retraining credits in one calendar year. to the department The fee is due for each project that is subject to a revitalization or retraining agreement that exceeds ten thousand dollars in one calendar year and must be remitted to the Department of Revenue to be used to reimburse the department of Revenue for costs incurred auditing reports required pursuant to Section 12-10-80(A). The fee becomes due at the time the single project's claims for job development credits or job retraining credits exceeds ten thousand dollars for that calendar year.
SECTION   ____.   A.   Subsections (B)(1) and (C) of Section 12-20-105 of the 1976 Code, as last amended by Act 69 of 2003, are further amended to read:

"(1)   To be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6 of Title 12, withholding tax credit under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, or fees in lieu of property taxes under either Chapter 12 of Title 4, Chapter 29 of Title 4, Chapter 37 of Title 12, or Chapter 44 of Title 12.

(C)   For the purpose of this section, 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land that are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:

(1)   improvements to both public or private water and sewer systems;

(2)   improvements to both public or private electric, natural gas, and telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;

(3)   fixed transportation facilities including highway, road, rail, water, and air;

(4)   for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park which is owned or constructed by a county or political subdivision of this State."
B.   Subsections (B)(1) and (C) of Section 12-20-105 of the 1976 Code, as amended by this section, apply for taxable years beginning after 2003.
SECTION   ____.   Section 12-28-740(3)(b) of the 1976 Code is amended to read:

"(b)   by application for a refund or credit against its liabilities otherwise arising under this chapter, if the purchase is charged to a credit card issued to an eligible government entity, the issuer of the card elects to be the ultimate vendor, and the federal agency is billed without the user fee;"
SECTION   ____.   Article 13, Chapter 28, Title 28 of the 1976 Code is amended by adding:

"Section 12-28-1400.   (A)   All information required to be reported in this chapter must be used in the tracking of petroleum products and must be submitted in the manner prescribed by the department by regulation. The regulation must include, but not be limited to, the data elements, the format of the data elements, and the method and medium of transmission to the department.

(B)   A person liable for reporting under this chapter who fails to meet the requirements of this section within three months after notification of the failure by the department, in addition to all other penalties prescribed by this chapter, is subject to an additional penalty of five thousand dollars for each month the failure continues."
SECTION   ____.   Subsections (C) and (F) of Section 12-28-1730 of the 1976 Code are amended to read:

"(C)   Reserved.   The department shall impose a civil penalty on the operator of a vehicle of two hundred dollars for the initial occurrence in each calendar year of a violation of the prohibition of use of dyed motor fuel subject to the user fee on the public highways of this State. Each subsequent offense in a calendar year is subject to a civil penalty of five thousand dollars.

(F)   The department shall impose a civil penalty in an amount equivalent to that imposed by Section 6715 of the Internal Revenue Code on the operator of a vehicle who knowingly violates the prohibition on the sale or use of dyed fuel upon public highways of this State. The department shall impose a civil penalty in the amount of one thousand dollars or ten dollars for each gallon of dyed fuel involved, whichever is greater, on the operator of a vehicle that is used on the highways of this State, or is authorized or otherwise allowed to be used on the highways of this State, and who uses dyed fuel for the propulsion of that vehicle or who stores dyed fuel to be used for the propulsion of a vehicle on the highways of this State, regardless of whether any of such dyed fuel is used for a nontaxable purpose, unless permitted to do so under federal law.

For purposes of this section, the operator is the person responsible for the management and operation of the vehicle, whether as owner, lessee, or other party."
SECTION   ____.   A.     Section 12-36-2510 of the 1976 Code is amended to read:

"Section 12-36-2510.   (A)(1)   Notwithstanding other provisions of this chapter, when, in the opinion of the department, the nature of a taxpayers business renders it impracticable for the taxpayer to account for the sales or use taxes, as imposed by this chapter, at the time of purchase, the department may issue its certificate to the taxpayer authorizing the purchase at wholesale and the taxpayer is liable for the taxes imposed by this chapter with respect to the gross proceeds of sale, or sales price, of the property withdrawn, used or consumed by the taxpayer within this State. at its discretion, may issue or authorize for the efficient administration of the sales and use tax law any type of certificate allowing a taxpayer to purchase tangible personal property tax free and be liable for any taxes.

(2)   In addition to any other type of certificate the department considers necessary to issue, the department may issue at its discretion:

(a)   Direct Pay Certificate: a direct pay certificate allows its holder to make all purchases tax free and to report and pay directly to the department any taxes due. The holder of a direct pay certificate is liable for any taxes due. If an exemption or exclusion is not applicable, the tax is due upon the withdrawal, use, or consumption of the tangible personal property purchased with the certificate.

(b)   Exemption Certificate: an exemption certificate, as opposed to allowing its holder to make all purchases tax free, allows its holder to make only certain purchases tax free such as machinery, electricity, or raw materials. The holder of an exemption certificate is liable for any taxes due. If an exemption or exclusion is not applicable, the tax is due upon purchase, or upon the withdrawal, use, or consumption of the tangible personal property purchased with the certificate if the application of the exemption or exclusion cannot be determined at the time of purchase.

(B)   To reduce the complexity and administrative burden of transactions exempt from sales or use tax, the following provisions must be followed when a purchaser claims an exemption by use of an exemption certificate:

(1)   the seller shall obtain at the time of the purchase any information determined necessary by the department, including the reason the purchaser is claiming a tax exemption or exclusion;

(2)   the department, at its discretion, may utilize a system where the purchaser exempt from the payment of the tax is issued an identification number which must be presented to the seller at the time of the sale;

(3)   the seller shall maintain proper records of exempt or excluded transactions and provide them to the department when requested and in the form requested by the department.

(C)   A seller that complies with the provisions of this section is relieved from any tax otherwise applicable if it is determined that the purchaser improperly claimed an exemption or exclusion by use of a certificate, provided the seller fraudulently did not fail to collect or remit the tax, or both, or solicit a purchaser to participate in an unlawful claim of an exemption. The liability for any tax shifts to the purchaser who improperly claimed the exemption or exclusion by use of the certificate."
B.   This section takes effect October 1, 2004.
SECTION   ____.   Section 12-37-290 of the 1976 Code is repealed.
SECTION   ____.   A.   Section 12-44-50(A)(3) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(3)   If the project subject to the fee agreement involves an investment of at least forty-five one hundred million dollars, the county and the sponsor may agree to pay the fees established in subsection (A)(1) based on an alternative payment method yielding a net present value of the fee schedule as calculated in subsection (A)(1) provided the sponsor agrees to a millage rate as established in subsection (A)(1)(b)(i). Net present value calculations must use a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published during the month in which the fee agreement is executed. If no yield is available for the month in which the fee agreement is executed, the last published yield for the appropriate maturity available must be used. If there are no bonds of appropriate maturity available, bonds of different maturities may be averaged to obtain the appropriate maturity."
B.   Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and except where otherwise specifically provided, applies for fee agreements entered into after September 30, 2004.
SECTION   ____.   A.   Subsections (a) and (b) of Section 12-54-42 of the 1976 Code are amended to read:

"(a)   An employer A person who fails to comply with the provisions of Section 12-8-1540, requiring the furnishing of a withholding statement to employees is subject to a penalty of not less than one hundred dollars nor more than one thousand dollars for each violation.

(b)   An employer A person who fails to comply with the provisions of Section 12-8-540(A)(1), requiring the filing of withholding statements with the department is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each violation."
B.   This section takes effect July 1, 2004.
SECTION   ____.   A.     Section 12-54-43(I) of the 1976 Code is amended to read:

"(I)   A person:

(1)(a)   who files what purports to be a return of the tax imposed by a provision of law administered by the department but which:

(a)(i)   does not contain information on which the substantial correctness of the tax liability may be judged; or

(b)(ii)   contains information that on its face indicates the liability is substantially incorrect; and or

(b)   who files a claim, a protest, or document, other than a return, that contains information that on its face indicates its position is substantially incorrect; and

(2)   whose conduct is due to:

(a)   a position which is frivolous or groundless; or

(b)   a desire, which appears on the purported return, claim, protest, or document, to delay or impede the administration of state tax laws;

(3) is liable to a penalty of five hundred dollars for the first filing, twenty-five hundred dollars for the second filing, and five thousand dollars for each subsequent filing. This penalty is These penalties are in addition to all other penalties provided by law."
B.     Section 12-54-43 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately lettered subsection at the end to read:

"( )   If a purchaser uses a resale, wholesale, or an exemption certificate issued or authorized by the department to purchase tangible personal property tax free which the purchaser knows is not excluded or exempt from the tax under the provisions of Chapter 36 of this title, then the purchaser, in addition to any other penalties due under this title, is liable for a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction of the month during which the failure continues, not exceeding fifty percent in the aggregate. The provisions of this section do not apply to direct pay certificates."
C.     Section 12-54-43(I) of the 1976 Code, as amended by subsection A. of this section, takes effect October 1, 2004. Section 12-54-43 of the 1976 Code, as amended by subsection B. of this section, takes effect July 1, 2004.
SECTION   ____.   A.   Chapter 54, Title 12 of the 1976 Code is amended by adding:

"Section 12-54-123.   A person in possession of property upon which a levy has been made who, upon demand by the department, surrenders the property to the department must not be held personally liable for any obligation or liability to the taxpayer and any other person with respect to the property that arises from the surrender or payment. If a person brings an action not allowed pursuant to this section in any court of this State, the court shall dismiss the case."
B.     This section takes effect July 1, 2004.
SECTION   ____.   A.     Section 12-54-210(A) of the 1976 Code is amended to read:

"(A)   A person liable for a tax, license, fee, or surcharge administered by the department or for the filing of a return with the department, including information returns, required by this title shall keep books, papers, memoranda, records, render statements, make returns, and comply with regulations as the department prescribes. Persons failing to comply with the provisions of this section must be penalized in an amount to be assessed by the department not to exceed five hundred one thousand dollars for the period covered by the return in addition to other penalties provided by law."
B.     This section takes effect July 1, 2004.
SECTION   ____.   A.     Items (11) and (12) of Section 12-54-240(B) of the 1976 Code are amended to read:

"(11)   disclosure of information contained on a return to the South Carolina Employment Security department Commission, Department of Revenue, or to the Department of the Treasury, Alcohol, and Tobacco Tax and Firearms Division Trade Bureau;

(12)(a)   disclosure to any state agency, county auditor, or county assessor of whether a resident or nonresident tax return was filed by any particular taxpayer.;

(b)   disclosure to any county auditor or county assessor of whether the four percent assessment pursuant to Section 12-43-220(c)(1) has been claimed by a taxpayer in any county."
B.     Section 12-54-240(B)(24) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(24)   disclosure of information pursuant to a subpoena issued by a federal grand jury or the State Grand Jury of South Carolina."
SECTION   ____.   A.     Section 12-60-420 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"Section 12-60-420.   (A)   If a division of the department makes a division decision or determines there is a deficiency in a state or local tax administered by the department, it may send by first class mail or deliver the division decision or the proposed assessment to the taxpayer. The division decision or the proposed assessment must explain the basis for the division decision or the proposed assessment and state that assessment will be made or the decision will become final unless the taxpayer protests the division decision or the proposed assessment as provided in Section 12-60-450.

(B)   If the taxpayer fails to file a protest, the division decision or proposed assessment will become final and, if applicable, an assessment will be made for the amount of a proposed assessment. The department shall make available forms which taxpayers may use to protest the division decision or the proposed assessments. The division decision or the proposed assessment is effective if mailed to the taxpayer's last known address even if the taxpayer refuses or fails to take delivery, is deceased, or is under a legal disability, or, if a corporation, has terminated its existence. For a joint tax return or liability, one division decision or the proposed assessment may be mailed to both taxpayers unless the department has notice that the taxpayers have separate addresses in which event a duplicate original of the division decision or the proposed assessment must be sent to each taxpayer at his last known address."
B.     This section takes effect January 1, 2004.
SECTION   ____.   Section 12-60-490 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"Section 12-60-490.   If a taxpayer is due a refund, the refund must be applied first against any amount of that same tax that is assessed and is currently due from the taxpayer. The remaining refund, if any, must then be applied against any other state taxes that have been assessed against the taxpayer and that are currently due, or offset as provided in Article 3, Chapter 54 Chapter 56 of this title, or offset to collect a debt pursuant to Section 12-4-580, or both. If any excess remains, the taxpayer must be refunded the amount plus interest as determined in Section 12-54-25, or, at the taxpayer's request, it may be credited to future tax liabilities."
SECTION   ____.   A.     Section 61-4-720 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:

"Section 61-4-720.   Notwithstanding any other provision of law, a licensed winery located in this State which produces and sells only domestic wine as defined in Section 12-21-1010 is authorized to sell the domestic wine produced on its premises with a majority of the juice from fruit and berries which are grown in this State with an alcoholic content of sixteen percent or less on the winery premises and deliver or ship this wine to consumer homes in or outside the State. These domestic wineries are authorized to provide, with or without cost, wine taste samples to prospective customers."
B.     This section takes effect July 1, 2004.
SECTION   ____.   A.     Article 7, Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-725.   Notwithstanding any other provision of law, a licensed winery located in a county or municipality that has conducted a favorable referendum under the provisions of Section 61-6-2010, during those same hours authorized by permits issued under Section 61-6-2010, may sell, possess, and permit the consumption of wine on the premises."
B.     This section takes effect July 1, 2004.
SECTION   ____.   A.     Section 61-4-730 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
Section 61-4-730.   Permitted wineries which produce and sell only domestic wine produced on its premises with a majority of the juice from fruit and berries which are grown in this State as defined in Section 12-21-1010 may sell the wine at retail, wholesale, or both, and deliver or ship the wine to the purchaser in the State. Domestic Wine must be delivered between 7:00 a.m. and 7:00 p.m.
B.     This section takes effect July 1, 2004.
SECTION   ____.   A.     Section 61-4-747(C)(4) of the 1976 Code, as added by Act 40 of 2003, is amended to read:

"(4)   annually, by August thirty-first January twentieth of each year, pay to the department all sales taxes and excise taxes due on sales to residents of this State in the preceding calendar year, the amount of the taxes to be calculated as if the sale were in this State at the location where delivery is made;"
B.     Section 61-4-747(C)(4) of the 1976 Code, as amended by this section, applies for reports due after 2004.
SECTION   ____.   Article 7, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-1085.   Except as provided in Section 12-21-1035 and Sections 12-21-1320 to 12-21-1350, the taxes provided for in this article are in lieu of all other taxes and licenses on beer and wine of the State, the county, or the municipality, except the sales and use tax, or Sections 6-1-700 through 6-1-770, and include licenses for its delivery by the wholesaler."
SECTION   ____.   Subarticle 15, Article 3, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1555.   Notwithstanding any other provision of law, airline companies may purchase beer, wine, and alcoholic liquor directly from wholesalers licensed under the provisions of Section 61-4-520(3) or Section 61-6-100(2). Wholesalers may sell and deliver beer, wine, and alcoholic liquor to airline companies. It is a misdemeanor to use beer, wine, or alcoholic liquor purchased under the provisions of this section for any purpose other than the sale or use by the airline company on its airplanes."
SECTION   ____.   The ultimate undesignated paragraph of Section 12-6-3360(M)(3) of the 1976 Code, as last amended by Act 168 of 2004, is further amended to read:

Notwithstanding any other another provision of law, 'new job' includes jobs created by a taxpayer when the taxpayer hires more than five hundred full-time individuals:

(a)   at a manufacturing facility located in a county classified as least developed distressed;

(b)   immediately before their employment by the taxpayer, the individuals were employed by a company operating, as of the effective date of this paragraph, under Chapter 11 of the United States Bankruptcy Code; and

(c)   the taxpayer, as an unrelated entity, acquires as of July 10, 2002, March 12, 2004, substantially all of the assets of the company operating under Chapter 11 of the United States Bankruptcy Code.
SECTION   ____.   A.   Section 12-6-40(A)(1) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(1)(a)   Except as otherwise provided, 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 2002 2003, and includes the effective date provisions contained in it.

(b)   For purposes of Sections 63 and 179 of the Internal Revenue Code, the amendments made by sections 103 and 202 of the Jobs and Growth Tax Relief Reconciliation Act of 2003, P.L. 108-27 (May 28, 2003) are only effective for taxable years beginning after December 31, 2003."
B .   That portion of Section 12-6-50 of the 1976 Code preceding item (1) is amended to read:

"For purposes of this chapter and references to the Internal Revenue Code and its sections, except as otherwise specifically provided, the following Internal Revenue Code Sections provisions are specifically not adopted by this State:"
SECTION   ____.   A.   Title 12 of the 1976 Code is amended by adding:

Section 12-55-10.   This chapter may be cited as the 'Overdue Tax Debt Collection Act'.

Section 12-55-20.   The General Assembly finds that the Department of Revenue has documented that the state's cost of collecting overdue tax debts exceeds twenty percent of the cost of collecting overdue debts. The General Assembly further finds that the cost of collecting overdue tax debts is currently borne by taxpayers who pay their taxes on time. It is the intent of the General Assembly by enacting the 'Overdue Tax Debt Collection Act' to ship this cost to the delinquent taxpayers who owe overdue tax debts.

Section 12-55-30.   (A)   As used in this chapter:

(1)   'Overdue tax debt' means any part of a tax debt that remains unpaid one hundred twenty days or more after the taxpayer receives notice as defined in Section 12-55-30(A)(2).

(2)   'Notice' means a notice of assessment issued by the department to the taxpayer pursuant to the South Carolina Revenue Procedures Act.

(3)   'Tax debt' means the total amount of tax, fees, penalties, interest, and costs for which notice has been issued by the department to the taxpayer.

(B)   Except when the context clearly indicates a different meaning, the definitions in Section 12-60-30 also apply to this chapter.

Section 12-55-40.   A collection assistance fee may be imposed on an overdue tax debt. To impose a collection assistance fee on a tax debt, the department shall notify the taxpayer that the collection assistance fee may be imposed if the tax debt becomes overdue tax debt.

Section 12-55-50.   The collection assistance fee is collectible as part of the debt. The department may waive the fee to the same extent as if it were a penalty.

Section 12-55-60.   The amount of the collection assistance fee is twenty percent of the amount of the overdue tax.

Section 12-55-70.   The proceeds of the collection assistance fee must be credited to a special account within the department and must be used to fund the South Carolina Business One Stop (SCBOS) program within the department. Any excess proceeds of the collection assistance fee above the amount required to fund the SCBOS program must be credited to the department to be retained and expended for use in budgeted operations.

Section 12-55-80.   The department may bring suits in the courts of other states to collect taxes legally due this State. The officials of other states are empowered to sue for the collection of taxes in the courts of this State. Whenever the department considers it expedient to employ local counsel to assist in bringing suit in an out-of-state court, the department may employ local counsel.

Section 12-55-90.   Collection agencies with which the department contracts under Sections 12-4-340 and 12-54-227 are also authorized to collect on behalf of the department overdue tax debts and the collection fee imposed by this chapter."
B.   The 'Overdue Tax Debt Collection Act' as added by this section applies for all tax debts incurred before which remain outstanding on December 1, 2002, and to all tax debts incurred on or after December 1, 2002.
SECTION   ____.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this , and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.   /
Renumber sections to conform.
Amend title to conform.

Rep. MCGEE raised the Point of Order that Amendment No. 3A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment dealt with the state's tax code and the Bill dealt with modular housing standards. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. CATO explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

Rep. GOVAN moved that the House recur to the Morning Hour, which was agreed to.

The Senate amendments to the following Bill were taken up for consideration:

H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12667AC04), which was adopted:
Amend the bill, as and if amended, by deleting Section 56-5-5630(C)(2) on page 5 and inserting:
/(2)   storage costs that accrue beginning five days after the vehicle was towed./
Amend the bill further, Section 56-5-5630(C) page 5 by deleting lines 22 and 23 and inserting:
/vehicle is not reclaimed within five days of the towing date./
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.
The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12665AC04), which was adopted:
Amend the bill, as and if amended, Section 56-5-2525 page 3, immediately after line 25 by inserting:
/(D)   A towing company that tows away a person's vehicle without his knowledge and stores it is not required to return the vehicle to the person after the company's normal business hours./
Amend the bill further, Section 56-5-5635 page 8 by deleting lines 23 through 28 and inserting:
/or garage The owner of the motor vehicle as demonstrated by providing a certificate of registration has one opportunity to remove any personal property not attached to the vehicle from the vehicle after it is in the possession of the proprietor, owner, or operator of a storage place or garage./
Amend the bill further, Section 29-15-10 beginning on page 14, line 39 by deleting subsection (B) and inserting:
/(B)   Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle, but may not exceed charges for five days from the date the towing or storage operator receives the owner and lienholder's name and address. However, all storage costs that accrue from the date the notice is mailed may be recovered at the time of the sale. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs after the five day period must not be charged until the notice is mailed./
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

The following was introduced:

H. 5406 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE CALTHA ELIZABETH "BETSY" MCCOY RIDGEWAY OF SUMTER UPON HER RETIREMENT AFTER ALMOST FORTY YEARS OF TEACHING AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 5407 (Word version) -- Reps. G. Brown and Snow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF EDWARD ZOMERFELD OF COLUMBIA ON TUESDAY, MAY 25, 2004, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 5408 (Word version) -- Rep. E. H. Pitts: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE REVEREND ROBBY MCBRIDE FOR TWENTY-TWO YEARS OF OUTSTANDING SERVICE AS SENIOR MINISTER OF SAXE GOTHA PRESBYTERIAN CHURCH IN LEXINGTON, TO HONOR HIS HARD WORK AND DEDICATION, AND TO WISH HIM AND HIS FAMILY MUCH SUCCESS IN ALL THEIR FUTURE ENDEAVORS.

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

The following was introduced:

H. 5409 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF RUSSELL STREET IN ORANGEBURG FOR JAMES E. SULTON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND COMMITMENT TO WORKING WITHIN HIS COMMUNITY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 5410 (Word version) -- Reps. Hosey, Clyburn, Parks, Scott, J. Brown, J. Hines, Breeland, R. Brown, Moody-Lawrence and Lloyd: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE DISTINGUISHED SERVICE OF THEIR FRIEND AND COLLEAGUE, REPRESENTATIVE JERRY GOVAN, OF ORANGEBURG, AS CHAIRMAN OF THE LEGISLATIVE BLACK CAUCUS IN THE 115TH SOUTH CAROLINA GENERAL ASSEMBLY.

The Resolution was adopted.

The following was introduced:

H. 5411 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO THANK AND RECOGNIZE THE CONTRIBUTIONS OF TONY AND ADELINE GROSS OF HAMPTON COUNTY, WHO USED WBHC (WE BUILD HAMPTON COUNTY) RADIO STATION WHICH THEY HAVE OWNED AND USED TO ADVOCATE POSITIVE IDEAS FOR THE COUNTY.

The Resolution was adopted.

The Senate amendments to the following Bill were taken up for consideration:

H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.

Rep. COBB-HUNTER proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2133MM04), which was tabled:
Amend the bill, as and if amended, by deleting in their entirety SECTIONS 3 and 4, as found on pages 8 and 9.
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. COBB-HUNTER continued speaking.
Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. COBB-HUNTER continued speaking.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The Senate amendments to the following Bill were taken up for consideration:

H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M. A. Pitts, Scarborough, F. N. Smith, J. E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.

Reps. WHITE, TRIPP and CATO proposed the following Amendment No. 6A (Doc Name COUNCIL\DKA\3986MM04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 7 in its entirety and inserting:
/ SECTION   7.   Title 44 of the 1976 Code is amended by adding:

Section 44-132-10.   Except as provided in section 44-132-20, no person licensed to practice in this State as a physician, surgeon, or osteopath, a dentist or dental surgeon, a nurse practitioner, or a physician's assistant shall charge, bill, or otherwise solicit payment for outpatient anatomic pathology services unless the services were rendered personally by the licensed practitioner or under the licensed practitioner's supervision.

Section 44-132-20.   A person who is licensed to practice medicine in this State or the professional legal entity of which the person is a shareholder, partner, employee, or owner, may submit a bill for outpatient anatomic pathology services only to:

(1)   the patient directly;

(2)   the responsible insurer or other third-party payor;

(3)   the hospital, public health clinic, or nonprofit health clinic; or

(4)   the referral laboratory or the primary laboratory.

Section 44-132-30.   The health professional licensing boards of this State which license and regulate the practitioners specified in Section 44-132-10, in addition to all other authority granted to them under state law, may revoke, suspend, or deny the renewal of the license of any practitioner who violates the provisions of this chapter. In addition, no patient, insurer, third-party payor, hospital, public health clinic, or nonprofit health clinic is required to reimburse these practitioners for charges or bills submitted in violation of this chapter.

Section 44-132-40.   The provisions of this chapter do not prohibit billing between laboratories for anatomic pathology services in instances where a sample or samples must be sent to another specialist.

Section 44-132-50.   For purposes of this chapter, the term 'anatomic pathology services' means:

(1)   histopathology or surgical pathology meaning the gross and microscopic examination of organ tissue performed by a physician or osteopath or under the supervision of a physician or osteopath;

(2)   cytopathology meaning the examination of cells, from fluids, washings, brushings, or smears, including the Pap test examination performed by a physician or osteopath or under the supervision of a physician or osteopath;

(3)   hematology meaning the microscopic evaluation of bone marrow aspirations and biopsies performed by a physician or osteopath, or under the supervision of a physician or osteopath, and peripheral blood smears when the attending or treating physician or osteopath, or technologist requests that a blood smear be reviewed by a pathologist;

(4)   sub-cellular pathology and molecular pathology; and

(5)   blood-banking services performed by pathologists. This chapter does not apply to any clinical laboratory service that is not included in the definition of anatomic pathology as set forth in this section. Nothing contained in this chapter may be construed to prohibit payments for anatomic pathology services by government agencies or their specified public or private agent, agency, or organization on behalf of the recipient of the services. Nothing in this chapter may be construed to mandate the right of assignment of benefits for anatomic pathology services as defined in this chapter." /
Renumber sections to conform.
Amend title to conform.

Rep. TRIPP explained the amendment.
The amendment was then adopted.

Rep. TRIPP proposed the following Amendment No. 7A (Doc Name COUNCIL\DKA\3987DW04), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 5 and 6 in their entirety.
Renumber sections to conform.
Amend title to conform.

Rep. TRIPP explained the amendment.
The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

Rep. HERBKERSMAN moved that the House recur to the Morning Hour, which was agreed to.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5409 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF RUSSELL STREET IN ORANGEBURG FOR JAMES E. SULTON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND COMMITMENT TO WORKING WITHIN HIS COMMUNITY.

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

H. 5409 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF RUSSELL STREET IN ORANGEBURG FOR JAMES E. SULTON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND COMMITMENT TO WORKING WITHIN HIS COMMUNITY.

Whereas, born in 1923 in Orangeburg, South Carolina, James E. Sulton, Sr. grew up with his five brothers and sisters in the home his parents kept on the city's main artery, Russell Street; and

Whereas, leaving Orangeburg briefly to attend college in Atlanta and to serve our nation in the theater during World War II, Mr. Sulton has always returned to Orangeburg, bringing with him his bride, the former Ruby Clowers, to settle down and raise a family; and

Whereas, a descendant of the oldest sawmill in the South, J. J. Sulton & Sons, Mr. Sulton has long had roots in Orangeburg, and he worked at the mill alongside his brothers and cousins learning the value and meaning of a hard day's work; and

Whereas, establishing Sulton's Esso on the corner of Russell and Buckley Streets, Mr. Sulton and his brother, Leroy, delivered exceptional quality gasoline for Exxon Oil Company for more than twenty-five years; and

Whereas, in addition to establishing the gas station, Mr. Sulton and his brother also established the Sulton Fuel Oil Company which provided a basic energy source for many citizens needing heat in the winter; and

Whereas, in addition to his business ventures, Mr. Sulton also worked with the local branch of the NAACP in the equal rights movement, housed the Reverend Dr. Martin Luther King, Jr. when he came to speak to Trinity Methodist Church in Orangeburg, and traveled to the 1963 March on Washington to fight for integration; and

Whereas, an original board member of the local Habitat for Humanity, Mr. Sulton also helped establish the headquarters for the Association of Retarded Citizens in Orangeburg, a facility that is still in existence today; and

Whereas, instrumental in the restoration of Orangeburg Cemetery under the leadership of Mrs. Geraldine Zimmerman, Mr. James E. Sulton, Sr. has been an enormous presence in Orangeburg throughout his entire life and it is appropriate to recognize him in this manner; and

Whereas, it is a fitting tribute to name that portion of Russell Street (South Carolina Highway 33) where it intersects with I-26 to where it intersects with John C. Calhoun Drive, the "James E. Sulton, Sr. Highway". Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name a portion of Russell Street in Orangeburg for James E. Sulton, Sr. and install appropriate markers or signs indicating this designation in honor and recognition of Mr. Sulton's service and commitment to working within his community.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.

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

The Senate amendments to the following were taken up for consideration:

H. 4575 (Word version) -- Reps. Sheheen, McGee and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following was received:

Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to H. 4735, and requests that proper notation be recorded on the Bill:

H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.

Very respectfully,
President

A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.

The following was received:

Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4475:

H. 4475 (Word version) -- Reps. Harrell, W. D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E. H. Pitts, Quinn, Rice, Richardson, Simrill, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer, Kirsh, Owens, Whitmire, Cato, Coates, Ott, Sinclair, Keegan, McGee, Perry, J. M. Neal, Emory, Pinson, Barfield, R. Brown, Weeks, Branham, Bailey, Battle, Neilson, Clemmons, Viers and Harvin: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

Columbia, S.C., June 2, 2004
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 5:00 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version June 5, 2003--H.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Section 14-25-165 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 14-25-165.   (a)(1)   The drawing and composing of juries for single trials or terms of court must be conducted, mutatis mutandis with necessary changes, according to the statutes relating to the drawing and composing of juries in magistrates courts, except as otherwise specifically provided by this chapter.

(2)   A person appointed by the municipal judge who is not connected with the trial of the case for either party shall must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and the list of names so drawn must be delivered to each party or to the attorney for each party.

(3)   If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than thirty at least one hundred names, but not more than a number determined sufficient by court administration for the jury list, and shall must deliver this list to each party or the attorney for each party.

(b)(1)   In addition to the procedure for drawing a jury list as provided for in subsection (a), in those courts which schedule terms for jury trials, the judge may select a jury list in the manner provided by this subsection.

(2)   Not less than At least ten nor but not more than twenty forty-five days before a scheduled term of jury trials, a person selected by the presiding judge shall must draw at least forty but not more than one hundred jurors to serve one week only.

(3)   If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this item, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding municipal judge may draw not less than forty at least one hundred names, but not more than a number determined sufficient by court administration to serve one week only.

(4)   Immediately after the jurors are drawn, the judge shall must issue his a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the chief of police or may be served by regular mail by the clerk of court.

(c)   The names drawn pursuant to either subsection (a) or (b) shall must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such any other challenges for cause as the court may permit permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names shall must be randomly drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected.

(d)   Where a jury is drawn and composed for a single trial, as provided in subsection (a) above, the parties shall exercise peremptory challenges in advance of the trial date, and only persons selected to serve and alternates shall be summoned for the trial."

SECTION   2.   Section 22-2-50 of the 1976 Code is amended to read:

"Section 22-2-50.   The In October of each year, the State Election Commission shall annually must provide to the chief magistrate for administration of each county, at no cost, a precinct-by-precinct list of qualified electors residing within the county jury list compiled in accordance with the provisions of Section 14-7-130. The chief magistrate for administration of the county shall must use such these lists in preparing, for each Jury Area jury area, a list of the qualified electors therein in these jury areas, and shall must forward these lists to the respective magistrates."

SECTION   3.   Section 22-2-80 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 22-2-80.   (A)   In all cases except as provided in Section 22-2-90 in a magistrates court in which a jury is required, a jury list must be selected in the following manner:

A person appointed by the magistrate who is not connected with the trial of the case for either party shall must draw out of Compartment 'A' of the jury box at least thirty but not more than one hundred names, and this list of names must be delivered to each party or to the attorney for each party.

(B)   If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than thirty at least one hundred names, but not more than a number determined sufficient by court administration for the jury list, and shall must deliver this list to each party or the attorney for each party."

SECTION   4.   Section 22-2-90 of the 1976 Code, as last amended by Act 257 of 2000, is further amended to read:

"Section 22-2-90.   (A)   In addition to the procedure for drawing a jury list as provided for in Section 22-2-80, in a magistrates court which schedules terms for jury trials, the magistrate may select a jury list in the manner provided by this section.

(B)   Not less than At least ten nor but not more than twenty forty-five days before a scheduled term of jury trials, a person selected by the presiding magistrate shall must draw at least forty but not more than one hundred jurors to serve one week only.

(C)   If a court has experienced difficulty in drawing a sufficient number of jurors from the qualified electors of the area, and, prior to before implementing a process pursuant to this subsection, seeks and receives the approval of South Carolina Court Administration, the person selected by the presiding magistrate may draw not less than forty at least one hundred names, but not more than a number determined sufficient by court administration to serve one week only.

(D)   Immediately after the jurors are drawn, the magistrate shall must issue his a writ of venire facias for the jurors requiring their attendance on the first day of the week for which they have been drawn. This writ must be delivered to the magistrates constable or the sheriff of the county concerned."

SECTION   5.   Section 22-2-100 of the 1976 Code is amended to read:

"Section 22-2-100.   The names drawn pursuant to either Section 22-2-80 or Section 22-2-90 shall must be placed in a box or hat and individual names randomly drawn out one at a time until six jurors and four alternates are selected. Each party shall have has a maximum of six peremptory challenges as to primary jurors and four peremptory challenges as to alternate jurors and such any other challenges for cause as the court may permit permits. If for any reason it is impossible to select sufficient jurors and alternates from the names drawn, names shall must be randomly drawn randomly from Compartment 'A' until sufficient jurors and alternates are selected."

SECTION   6.   Section 22-2-120 of the 1976 Code is amended to read:

"Section 22-2-120.   If at the time set for the trial there are not sufficient jurors to proceed for the reason that because one or more have failed to attend, or have not been summoned, or have been excused or disqualified by the court, additional jurors shall must be selected from the remainder of the thirty remaining names or in the manner as provided in Section 22-2-80 or in the manner as further provided in Section 22-2-100."

SECTION   7.   This act takes effect upon approval by the Governor.

Amend title to conform.

Thomas L. Moore                   James Howle "Jay" Lucas
Harvey S. Peeler, Jr.             Creighton B. Coleman
John R. Kuhn                      George Murrell Smith, Jr.
On Part of the Senate.            On Part of the House.

Rep. G. M SMITH explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry:

H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.

The following Bill was taken up:

H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.

Rep. CATO proposed the following Amendment No. 1A (Doc Name COUNCIL\NBD\12674AC04), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill in its entirety.
Amend the bill further, Section 58-9-2220(2) on page 5 by deleting lines 30 through 33 and inserting:
/a business license tax year beginning after 2003 is the lesser of seventy-five one hundredths of one percent of gross income derived from the sale of retail telecommunication services. or the maximum business license/
Renumber sections to conform.
Amend title to conform.

Rep. CATO explained the amendment.
The amendment was then adopted.

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

The Senate amendments to the following Bill were taken up for consideration:

H. 4996 (Word version) -- Reps. Bowers and Rhoad: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.

Rep. WITHERSPOON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Rep. LOURIE moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

At 5:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R337, S. 90 (Word version)) -- Senators Hayes, Ravenel, Reese and Rankin: AN ACT TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE SUPERINTENDENT OF EDUCATION, WITH THE APPROVAL OF THE STATE BOARD OF EDUCATION, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO MEDIATE PERSONNEL MATTERS BETWEEN THE DISTRICT BOARD AND THE DISTRICT SUPERINTENDENT UNDER CERTAIN CONDITIONS, AND TO FURTHER PROVIDE FOR THE STATE SUPERINTENDENT'S AUTHORITY TO FURNISH AN INTERIM REPLACEMENT FOR A DISTRICT SUPERINTENDENT WHOSE OFFICE HAS BEEN DECLARED VACANT BY THE GOVERNOR; TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE AND THE STATE DEPARTMENT OF EDUCATION SHALL RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.

(R338, S. 104 (Word version)) -- Senator Mescher: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 SO AS TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS AND AT CERTAIN LOCATIONS; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.

(R339, S. 277 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES; AND TO AMEND SECTION 4-10-330, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND RELATED FACILITIES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.

(R340, S. 532 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

(R341, S. 668 (Word version)) -- Senator Ritchie: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-5-15 SO AS TO AUTHORIZE A BANK OR SAVINGS AND LOAN ASSOCIATION, UPON DEPOSIT OF FUNDS BY A MUNICIPALITY, COUNTY, SCHOOL DISTRICT, OTHER LOCAL GOVERNMENT UNIT OR POLITICAL SUBDIVISION, OR A COUNTY TREASURER, TO SECURE THE DEPOSITS BY DEPOSIT INSURANCE, SURETY BONDS, COLLATERAL SECURITIES, OR LETTERS OF CREDIT TO PROTECT THE LOCAL ENTITY AGAINST LOSS, AND TO PROVIDE THE REQUIREMENTS FOR SECURING DEPOSITS THAT EXCEED THE AMOUNT OF INSURANCE COVERAGE PROVIDED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.

(R342, S. 759 (Word version)) -- Senators Hayes and Reese: AN ACT TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE DEPARTMENT OF CONSUMER AFFAIRS RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NONRENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.

(R343, S. 767 (Word version)) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. V. Smith, Waldrep, Thomas, McConnell, Ryberg, Ritchie, Leatherman, Hutto and Leventis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 25-11-10 THROUGH 25-11-80 AS ARTICLE 1, IN CHAPTER 11 OF TITLE 25 ENTITLED "GENERAL PROVISONS" AND BY ADDING ARTICLE 3, IN CHAPTER 11 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE DIVISION OF VETERANS' AFFAIRS IN THE OFFICE OF THE GOVERNOR AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.

(R344, S. 791 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS AND RESTRICTIONS ON THESE VENDORS, SO AS TO PROVIDE THAT CERTAIN PROHIBITIONS AND RESTRICTIONS RELATING TO CONTRIBUTIONS AND LOBBYING DO NOT APPLY TO A LOTTERY VENDOR THAT IS A FEDERALLY-CHARTERED OR INSURED FINANCIAL INSTITUTION WHICH PROVIDES ONLY BANKING SERVICES AS A LOTTERY VENDOR, BUT DO APPLY TO THE VENDOR'S EMPLOYEES AND THEIR IMMEDIATE FAMILY MEMBERS WHO ARE INVOLVED ON A DAY-TO-DAY BASIS IN PROVIDING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE LOTTERY COMMISSION.

(R345, S. 816 (Word version)) -- Senators Ford and Kuhn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN, TO CHANGE THE NUMBER OF HIS CHILDREN FROM FOUR TO FIVE, AND TO REQUIRE THAT THE MODIFICATION BE FUNDED FROM PRIVATE SOURCES.

(R346, S. 828 (Word version)) -- Senators Leatherman and Cromer: AN ACT TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG OTHER THINGS, FACILITY REQUIREMENTS AND SUPERVISORY REQUIREMENTS FOR PHARMACISTS AND PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT A PHARMACIST MAY NOT SUPERVISE MORE THAN THREE PHARMACY TECHNICIANS AND THAT THROUGH JUNE 30, 2006, ONE OF THESE THREE TECHNICIANS MUST BE STATE-CERTIFIED AND THAT AFTER JUNE 30, 2006, TWO MUST BE STATE-CERTIFIED, AND IF A PHARMACIST SUPERVISES ONE OR TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED.

(R347, S. 852 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION AND TO AMEND SECTIONS 9-1-1020, AND 9-11-210, BOTH A AMENDED, RELATING TO MEMBER CONTRIBUTIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CLARIFY THE CONTRIBUTION REQUIREMENTS ON UNUSED ANNUAL LEAVE AND THE USE OF SUCH PAYMENTS IN CALCULATING AVERAGE FINAL COMPENSATION.

(R348, S. 869 (Word version)) -- Senator J. V. Smith: AN ACT TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO SPECIFY EXPERIENCE REQUIRED TO QUALIFY FOR LICENSURE AS A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR, TO PROHIBIT LICENSURE OF A PERSON WHO HAS BEEN CONVICTED OF A CRIME RELATED TO THE PRACTICE OF NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATION, TO DELETE SPECIFIC FEES AND REQUIRE FEES TO BE PROMULGATED IN REGULATION, TO FURTHER SPECIFY ACTS OF MISCONDUCT, TO SPECIFY THE AMOUNT OF CIVIL FINES THAT MAY BE IMPOSED GENERALLY AND SPECIFICALLY FOR UNLAWFUL PRACTICE, TO FURTHER PROVIDE FOR THE REGULATION OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, AND TO MAKE TECHNICAL CORRECTIONS.

(R349, S. 891 (Word version)) -- Senator Richardson: AN ACT TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATE CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION, AND TO PROVIDE THAT NO RATE INCREASE BASED UPON AN ASSESSMENT MAY BECOME EFFECTIVE UNLESS THE ASSESSMENT HAS BEEN PAID.

(R350, S. 1043 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 31-12-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MILITARY FACILITIES REDEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT AN ADOPTED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCE OBLIGATIONS ADOPTED PURSUANT TO THE PLAN REMAIN IN PLACE UPON THE DISSOLUTION OF THE AUTHORITY UNTIL ADOPTION OF A MUNICIPAL ORDINANCE FINALLY DISSOLVING THE TAX ALLOCATION FUND AND TERMINATING THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-12-210, AS AMENDED, RELATING TO THE ISSUANCE OF OBLIGATIONS FOR A MILITARY FACILITIES REDEVELOPMENT PROJECT BY A MUNICIPALITY, SO AS TO PROVIDE THAT THE OBLIGATIONS MAY BE ISSUED WITHIN FIFTEEN YEARS OF THE MUNICIPALITY'S CONCURRENCE IN THE REDEVELOPMENT PLAN; TO AMEND SECTION 31-12-270, AS AMENDED, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY CONCURRING IN THE MILITARY FACILITIES REDEVELOPMENT PLAN, SO AS TO PROVIDE FOR THE TIME PERIOD BY WHICH AN ORDINANCE MUST BE ADOPTED IN WHICH THE TAX ALLOCATION FUND IS DISSOLVED AND THE REDEVELOPMENT PROJECT AREA'S DESIGNATION IS TERMINATED; TO AMEND SECTION 31-12-290, AS AMENDED, RELATING TO THE TAX ALLOCATION FUND AND THE CARRY FORWARD OF UNEXPENDED FUNDS, SO AS TO PROVIDE THAT FUNDS CARRIED FORWARD MAY BE USED ON MILITARY FACILITIES REDEVELOPMENT PROJECT COSTS; AND TO AMEND SECTION 31-12-300, AS AMENDED, RELATING TO THE CERTIFICATION OF THE TOTAL INITIAL EQUALIZED ASSESSED VALUE OF TAXABLE PROPERTY WITHIN A MILITARY FACILITIES REDEVELOPMENT PROJECT AREA, SO AS TO PROVIDE FOR TIME PERIODS BY WHICH THE VALUE MUST BE DETERMINED AND TO REQUIRE COOPERATION AMONG OFFICIALS IN MAKING THAT DETERMINATION.

(R351, S. 1120 (Word version)) -- Senator Moore: AN ACT TO AMEND ARTICLE 7, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOGNITION AND DESIGNATION OF FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS, SO AS TO ADD RURAL HOSPITALS TO THIS RECOGNITION AND DESIGNATION AND TO DEFINE RURAL HOSPITALS.

(R352, S. 1133 (Word version)) -- Senator Waldrep: AN ACT TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.

(R353, S. 1146 (Word version)) -- Senator Peeler: AN ACT TO AMEND ARTICLE 1, CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL SERVICE, SO AS TO DEFINE CERTAIN ADDITIONAL TERMS, CHANGE THE PROCEDURE FOR SUSPENSION OR REVOCATION OF A LICENSE OR A PERMIT, PROVIDE CERTAIN ACTS FOR WHICH A SERVICE MAY BE FINED, PROVIDE CERTAIN CRIMES THAT IF COMMITTED REQUIRE THE DENIAL OF CERTIFICATION, PROVIDE INSTANCES OF MISCONDUCT AND THE SUSPENSION OF A CERTIFICATE PENDING INVESTIGATION OF A COMPLAINT OF MISCONDUCT, PROVIDE FOR AN ADDITIONAL EXEMPTION, CHANGE REFERENCES TO REGULATIONS, PROVIDE FOR CONFIDENTIALITY OF PATIENT CARE RECORDS, CLARIFY LANGUAGE, AND REVISE REFERENCES.

(R354, S. 1195 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO HIGHER EDUCATION EXCELLENCE ENHANCEMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R355, S. 1207 (Word version)) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO REVISE THE 2004 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF ADJUSTING FOR A VALUATION ERROR IN ROCK HILL SCHOOL DISTRICT THREE OF YORK COUNTY.

(R356, H. 3409 (Word version)) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts, Viers, Martin and Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-175 SO AS TO PROVIDE A PROCESS FOR ESTABLISHING FIREWORKS PROHIBITED ZONES WITHIN COUNTIES AND MUNICIPALITIES; AND TO AMEND SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM GRANTING OR DENYING AN APPLICATION FOR EXTENDING A FIREWORKS PROHIBITED ZONE.

(R357, H. 3482 (Word version)) -- Reps. Bingham, Trotter, M.A. Pitts, Umphlett, Taylor, E.H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, White, G.R. Smith, Barfield, Chellis, Clemmons, Cooper, Duncan, Merrill, Scarborough, Ott and Quinn: AN ACT TO AMEND ARTICLE 1, CHAPTER 23, TITLE 16 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE POSSESSION AND CARRYING OF PISTOLS, SO AS TO CHANGE THE TERM "PISTOL" TO "HANDGUN" AND TO CLARIFY AND ADD EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING HANDGUNS, INCLUDING EXCEPTIONS IN PLACES OF BUSINESS UNDER CERTAIN CONDITIONS, AN EXCEPTION WHEN TRANSFERRING A HANDGUN BETWEEN A VEHICLE AND A LOCATION WHERE IT MAY BE LEGALLY POSSESSED, AND AN EXCEPTION FOR A CLOSED CONTAINER ON A MOTORCYCLE; AND TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE OFFENSE OF CARRYING A FIREARM ONTO PRIVATE OR PUBLIC SCHOOLS AND COLLEGES AND OTHER PUBLIC BUILDINGS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS A FIREARM ON SUCH PROPERTY.

(R358, H. 3989 (Word version)) -- Reps. Rhoad and Witherspoon: AN ACT TO AMEND SECTION 50-5-1506, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISHING FOR SHAD FOR COMMERCIAL PURPOSES IN THE ATLANTIC OCEAN, SO AS TO CLOSE THE SEASON, AND TO PROVIDE THAT THERE BE NO LAWFUL TIMES, METHODS, AND EQUIPMENT, OR SIZE AND TAKE LIMITS FOR SHAD IN THE ATLANTIC OCEAN BEGINNING JULY 1, 2004.

(R359, H. 4004 (Word version)) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: AN ACT TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OR ADVANTAGE OF ANOTHER USING UNDUE INFLUENCE, HARASSMENT, DURESS, COERCION, OR SWINDLING.

(R360, H. 4320 (Word version)) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.

(R361, H. 4454 (Word version)) -- Reps. Vaughn, Altman, Leach and Mahaffey: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-140 SO AS TO PROVIDE THAT FOR CERTAIN POLITICAL SUBDIVISIONS OF THIS STATE THAT WERE CREATED TO OPERATE HOSPITALS ON A LOCAL OR REGIONAL BASIS, THE ABILITY TO CALL FOR OR CONDUCT ADVISORY REFERENDA REGARDING THEIR ACTIVITIES SHALL REST SOLELY WITH THE GOVERNING BOARD OF THE POLITICAL SUBDIVISION AND THE GOVERNMENTAL BODIES WHICH APPOINT THE BOARD, INCLUDING A COUNTY LEGISLATIVE DELEGATION.

(R362, H. 4481 (Word version)) -- Reps. Ceips, Harvin, Altman, G.M. Smith, Vaughn, Weeks, Clark, Gilham, Walker, Duncan, Coates, Stille, Bailey, Haskins, Richardson, Mahaffey, Lourie, Loftis, Lloyd, Leach, Keegan, Hinson, Herbkersman, Young, Wilkins, Umphlett, Snow, J.E. Smith, Skelton, Scarborough, Sandifer, Rivers, M.A. Pitts, Harrell, Edge, Cotty, G. Brown, Chellis, J. Brown and Cato: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, TO PROVIDE THAT THIS COMMISSION SHALL ACT TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSIST DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES.

(R363, H. 4645 (Word version)) -- Reps. Littlejohn, Davenport, Mahaffey, W.D. Smith, Talley and Walker: AN ACT TO AMEND ACT 1 OF 2001, RELATING TO SUPPLEMENTAL APPROPRIATIONS FOR A PARTICULAR YEAR AND CAPITAL IMPROVEMENT BOND AUTHORIZATIONS, AMONG OTHER THINGS, SO AS TO REVISE THE PURPOSE FOR WHICH CAPITAL IMPROVEMENT BOND AUTHORIZATIONS FOR USC-SPARTANBURG AND WILLIAMSBURG TECHNICAL COLLEGE MAY BE USED AND TO REDUCE THE AMOUNT OF CAPITAL IMPROVEMENT BONDS AUTHORIZED IN ACTS 646 OF 1978, 179 OF 1981, AND 638 OF 1988, FOR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.

(R364, H. 4688 (Word version)) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON SHALL NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE, ENVELOPE, COVERING, OR RECEIPT, IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.

(R365, H. 4697 (Word version)) -- Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart: AN ACT TO AMEND SECTION 16-11-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CUTTING, REMOVING, OR TRANSPORTING OF TIMBER WITHOUT PERMISSION, SO AS TO FURTHER PROVIDE FOR THE UNLAWFUL CUTTING, REMOVING, ACQUIRING, OR TRANSPORTING OF FOREST PRODUCTS WITHOUT PERMISSION AND TO REVISE THE PENALTIES FOR VIOLATIONS BASED IN PART ON THE VALUE OF THE FOREST PRODUCTS INVOLVED; AND BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES FOREST PRODUCTS DIRECTLY FROM A LANDOWNER POSSESSING LANDS IN THIS STATE OR A PERSON WHO HAS RECEIVED PAYMENT FROM A SALE OF FOREST PRODUCTS TO A THIRD PARTY MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS AND PROCEDURAL REQUIREMENTS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, TO PROVIDE THAT WHERE THE VALUE OF THE FOREST PRODUCTS EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE FOREST PRODUCTS ARE SUBJECT TO CONFISCATION AND FORFEITURE, AND TO PROVIDE THAT THE COURT SHALL ORDER RESTITUTION AS A MANDATORY CONDITION OF THE SENTENCE IMPOSED.

(R366, H. 4708 (Word version)) -- Rep. Hayes: AN ACT TO AMEND SECTIONS 59-53-510, AS AMENDED, 59-53-520, 59-53-530, AND 59-53-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION, SO AS TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH PROGRAMS OF VOCATIONAL AND TECHNICAL EDUCATION ARE ADMINISTERED, TO INCLUDE DILLON COUNTY IN THE COUNTIES IN WHICH THE COMMISSION MAY ACQUIRE ADDITIONAL SITES FOR CONSTRUCTION OF APPROPRIATE FACILITIES, TO PROVIDE THAT THE COMMISSION MAY EXPEND FUNDS DERIVED FROM BONDS ISSUED BY DILLON COUNTY, TO PROVIDE THAT COPIES OF THE AUDIT OF THE COMMISSION'S ACCOUNTS MUST BE DELIVERED TO THE LEGISLATIVE DELEGATIONS AND GOVERNING BODIES OF DILLON COUNTY; AND TO REPEAL SECTION 59-53-550 RELATING TO THE BUDGET OF THE NORTHEASTERN TECHNICAL COLLEGE AREA COMMISSION.

(R367, H. 4756 (Word version)) -- Reps. Jennings, Lucas, Freeman, Neilson, Trotter, Frye and Rhoad: AN ACT TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE CERTAIN SEASONS FOR HUNTING SQUIRREL IN SPECIFIED GAME ZONES; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO THE UNLAWFUL TAKING OF CERTAIN SMALL GAME WHEN THEY MAY BE HUNTED WITHOUT WEAPONS, SO AS TO INCLUDE SQUIRRELS, AND TO PERMIT THE MITIGATION TRUST FUND TO DISBURSE FUNDS TO THE SOUTH CAROLINA CENTER FOR BIRDS OF PREY TO FUND CONSTRUCTION OF THE AVIAN CONSERVATION CENTER.

(R368, H. 4758 (Word version)) -- Reps. Richardson, Simrill, Altman, Bales, Battle, Emory, Kirsh, Lee, Littlejohn, McCraw, McGee, Owens, Scarborough, Vaughn and Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF CAROLINA PANTHERS SPECIAL LICENSE PLATES.

(R369, H. 4767 (Word version)) -- Reps. J.E. Smith, Harrison, Scott and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS TO THE ADMINISTRATION OF ANY HIGH SCHOOL UPON THE ADMINISTRATION'S REQUEST; AND BY ADDING SECTION 59-39-200 SO AS TO REQUIRE EACH HIGH SCHOOL TO MAKE AVAILABLE TO ITS STUDENTS VOTER REGISTRATION APPLICATION FORMS AND PROVIDE THAT THE FORMS BE PROVIDED TO HIGH SCHOOL ADMINISTRATORS UPON THEIR REQUEST TO THE APPROPRIATE COUNTY VOTER REGISTRATION BOARD OR THE ENTITY CHARGED BY LAW WITH REGISTERING AN ELECTOR.

(R370, H. 4798 (Word version)) -- Rep. Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES, TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.

(R371, H. 4838 (Word version)) -- Reps. Hamilton, Bailey, Cooper, Duncan, Edge, Huggins, Limehouse, E.H. Pitts, Scott, Snow, Walker, M. Hines, Hinson, Martin, Parks, Clemmons and Barfield: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 46 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "HOMEOWNERSHIP: THE AMERICAN DREAM" SPECIAL LICENSE PLATES.

(R372, H. 4848 (Word version)) -- Reps. McCraw, Phillips, Ceips, Clark, Cobb-Hunter, Duncan, Emory, Freeman, Gourdine, Hagood, J. Hines, M. Hines, Hosey, Leach, Limehouse, Moody-Lawrence, Perry, Rice, Scarborough, Sinclair, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Clemmons, W.D. Smith, Barfield, Snow, Stille, Taylor and Tripp: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 74 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.

(R373, H. 4885 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL CERTIFICATION AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R374, H. 4901 (Word version)) -- Reps. Ceips, Rivers, Gilham, Herbkersman and Lloyd: AN ACT TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700 SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, TO PROVIDE THAT MARINE OPERATIONS SHALL CEASE AS SOON AS PRACTICABLE, TO PROVIDE FOR THE SALE OF PROPERTY AT PORT ROYAL AT FAIR MARKET VALUE, TO REQUIRE SUCH REAL PROPERTY TO BE APPRAISED AND TO SPECIFY CREDENTIALS OF THE APPRAISER AND THE SCOPE OF THE APPRAISAL, TO REQUIRE THE SALE TO COMPLY WITH STATE PROCEDURES, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY, INCLUDING ALLOCATING TO THE TOWN OF PORT ROYAL UP TO FIVE PERCENT OF THE NET PROCEEDS FOR INFRASTRUCTURE NEEDS.

(R375, H. 4935 (Word version)) -- Rep. Richardson: AN ACT TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER-CARRYING MOTOR VEHICLES INSTEAD OF ONLY TO MEMBERS OF DUCKS UNLIMITED, TO PROVIDE THAT THE DUCKS UNLIMITED STATE COMMITTEE EMBLEM, SEAL, OR SYMBOL MAY BE IMPRINTED ON THE LICENSE PLATES, TO PROVIDE THAT THE LICENSE PLATES MUST BE ISSUED BIENNIALLY, AND TO REVISE THE FEE FOR THE LICENSE PLATE AND ITS DISTRIBUTION.

(R376, H. 4980 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND SECTION 47-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF VETERINARY INSPECTION FOR OUT-OF-STATE LIVESTOCK OR POULTRY ENTERING THIS STATE, AND THE QUARANTINE OF UNCERTIFIED ANIMALS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF LIVESTOCK-POULTRY HEALTH MAY AUTHORIZE EQUINE INTERSTATE EVENT PERMITS THAT MUST INCLUDE A CERTIFICATE OF VETERINARY INSPECTION, ANIMAL IDENTIFICATION, AND A CURRENT NEGATIVE COGGINS TEST.

(R377, H. 4981 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND SECTION 47-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROVISIONS REQUIRING MEAT INSPECTION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FROM INSPECTION REQUIREMENTS IN REGARD TO THE SLAUGHTER OF LIVESTOCK OF A PRODUCER'S OWN RAISING FOR HIS OWN USE.

(R378, H. 5020 (Word version)) -- Reps. Cato, Wilkins and Sandifer: AN ACT TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACTS, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTEWATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.

(R379, H. 5088 (Word version)) -- Reps. Anthony, Jennings and Simrill: AN ACT TO AMEND SECTION 23-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND STORAGE OF CLASS "B" FIREWORKS USED FOR DISPLAY OR AGRICULTURAL PURPOSES, SO AS TO PROVIDE THAT CERTAIN CLASS "B" FIREWORKS USED FOR DISPLAY OR AGRICULTURAL PURPOSES WHICH ARE RETURNED TO A WHOLESALER MUST BE RETURNED IN THE SAME MANNER THEY WERE SOLD, ISSUED, OR SHIPPED, INCLUDING ANY PROTECTIVE DEVICE ATTACHED TO THE FUSE OR FUSES.

(R380, H. 5136 (Word version)) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES FOR MORE THAN ONE HUNDRED TWENTY DAYS OR UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.

(R381, H. 5139 (Word version)) -- Reps. Lloyd, Bowers and R. Brown: AN ACT TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE COLLETON COUNTY BOARD OF ELECTION AND VOTER REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE COLLETON COUNTY LEGISLATIVE DELEGATION.

(R382, H. 5242 (Word version)) -- Rep. Chellis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

(R383, H. 5244 (Word version)) -- Rep. Barfield: AN ACT TO ENACT THE HORRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN HORRY COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TEN YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

The Senate returned to the House with concurrence the following:

H. 5391 (Word version) -- Reps. Davenport and W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROGER MILLIKEN FOR HIS CONTRIBUTIONS TO THE GREENVILLE-SPARTANBURG INTERNATIONAL AIRPORT AND TO REQUEST THAT THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION NAME THE AIRFIELD LOCATED AT THE GREENVILLE-SPARTANBURG INTERNATIONAL AIRPORT "ROGER MILLIKEN FIELD".

H. 5398 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND LOUISE GARVIN HOPKINS FOR HER DEDICATED SERVICE TO HAMPTON COUNTY AND FOR HER ROLE AS A FOSTER CARE MOTHER AND TO EXTEND BEST WISHES TO HER IN THE FUTURE.

H. 5402 (Word version) -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE THE RIDGE VIEW HIGH SCHOOL "BLAZERS" BOYS TRACK AND FIELD TEAM IN RICHLAND COUNTY AND HEAD COACH JEFF BUYS ON WINNING THE 2004 CLASS AAAA BOYS TRACK AND FIELD STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.

H. 5403 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND BETHLEHEM BAPTIST CHURCH OF RICHLAND COUNTY FOR ITS PARTICIPATION IN THE FATHERS WITH PRIDE FOUNDATION AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.

H. 5408 (Word version) -- Rep. E. H. Pitts: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE REVEREND ROBBY MCBRIDE FOR TWENTY-TWO YEARS OF OUTSTANDING SERVICE AS SENIOR MINISTER OF SAXE GOTHA PRESBYTERIAN CHURCH IN LEXINGTON, TO HONOR HIS HARD WORK AND DEDICATION, AND TO WISH HIM AND HIS FAMILY MUCH SUCCESS IN ALL THEIR FUTURE ENDEAVORS.

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

S. 1212 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 6-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PIONEER RURAL WATER DISTRICT OF OCONEE AND ANDERSON COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO CONSTRUCT, OPERATE, OR MAINTAIN SEWER LINES, TO AUTHORIZE THE DISTRICT TO ENTER INTO CONTRACTS WITH OTHER ENTITIES TO PERFORM THESE POWERS, AND TO PROVIDE THAT THE DISTRICT MAY NOT TREAT OR DISPOSE OF SEWERAGE.

At 5:15 p.m. the House, in accordance with the motion of Rep. TOWNSEND, adjourned in memory of Wilbur Hunter of Belton, to meet at 10:00 a.m. tomorrow.

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