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 86:11: "Teach me Your way, O Lord, and I will walk in Your truth; give me an undivided heart that I may fear Your name."
Let us pray. Almighty God, eternal is Your love and care for Your creation. Make each of these people aware of the responsibilities and importance of caring for the common good of all people in this State. Make Your presence known to each of us as You guide us this day in the deliberations before the House. Continue to be with our President and Governor and those who advise them. Bless our leaders in this place with Your wisdom. Keep our defenders of freedom in Your safe care. Hear us, as we pray. 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. FREEMAN moved that when the House adjourns, it adjourn in memory of Edgar Bruce Rogers of Chesterfield, which was agreed to.

The following was received:

The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission operates under the law which went into effect July 1, 1997, and which dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.
The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started in 1997. The Commission has asked candidates their views on issues peculiar to service on the court to which they seek election. These questions were posed in an effort to provide members of the General Assembly with more information about candidates and the candidates' thought processes on issues relevant to their candidacies. The Commission has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer, and feels that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.
The Commission also used the Citizens Committees on Judicial Qualifications as an adjunct of the Commission. Since the decisions of our judiciary play such an important role in people's personal and professional lives, the Commission believes that all South Carolinians should have a voice in the selection of the state's judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Committees on Judicial Qualifications. These

While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Armstrong meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Armstrong was born on August 12, 1956. He is 47 years old and a resident of Seabrook, South Carolina. Judge Armstrong provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1982.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Armstrong.
Judge Armstrong demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Armstrong reported that he has not made any campaign expenditures.
Judge Armstrong testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Armstrong testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Armstrong to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

I represented the Respondent, Jasper County DSS. The Supreme Court affirmed the lower court in Memorandum Opinion, Number 92-MO-181, filed July 6, 1992."
Judge Armstrong provided the following list of significant orders:
"(a)   Beauchamp v. Beauchamp, 98-DR-32-693; 2000-UP-612. The issues in this case were custody, child support, attorney fees, GAL fees, and expert fees.
(b)   Bakala v. Bakala, 98-DR-07-687; 576 S.E.2d 156 (2003). The issues in this case were complicated by the fact that the defendant, Father, lives in the Czech Republic and chose not to attend the trial.
(c)   Brown v. Malloy, 99-DR-04-129, 546 S.E.2d 195 (Ct. App. 2001). The main issue in this case was notice to the biological father.
(d)   Arnal v. Arnal, 99-DR-07-1608. The issues were visitation, child support, equitable division, attorney and GAL fees.
(e)   Kaiser v. Kaiser, 01-DR-07-770. The main issue in this case was custody."
Judge Armstrong reported that he ran unsuccessfully for At-Large Seats in the Circuit Court in February 1994, February 1996, and May 1996.
(9)   Judicial Temperament:
The Commission believes that Judge Armstrong's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Advisory Committee reported that Judge Armstrong was a well-qualified and highly-respected Family Court judge. The committee wholeheartedly approved of his candidacy for the Court of Appeals.
Judge Armstrong is not married. He has two stepchildren from a previous marriage.

Summary of Commission's Findings:
The Commission noted Judge Armstrong's professionalism and caring manner in the courtroom as well as his diverse legal experience. They found Judge Armstrong very personable. The Commission found Judge Robert S. Armstrong qualified for service on the South Carolina Court of Appeals.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Buchan meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Buchan was born on September 26, 1952. She is 51 years old and a resident of Marion, South Carolina. Judge Buchan provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1980.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Buchan.
Judge Buchan demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Buchan reported that she has not made any campaign expenditures.
Judge Buchan testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Buchan testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Buchan to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Buchan described her continuing legal or judicial education during the past five years as follows:

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Lee meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Lee was born on September 17, 1958. She is 45 years old and a resident of Columbia, South Carolina. Judge Lee provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984. Judge Lee was also licensed to practice law in Texas in 1982 and in Louisiana in 1983.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Lee.
Judge Lee demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Lee reported that she has not made any campaign expenditures.
Judge Lee testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.

Annual Criminal Law Update (7.0);

Circuit Judges Orientation School (17.25);

S.C. Judicial Conference (7.25);

S.C. Circuit Judges Conference (6.0);
(b)   2000 - carried over credits from 1999;

National Judicial College - General Jurisdiction (58.08);

Annual Criminal Law Update (6.0);

S.C. Circuit Judges Conference (6.5);

S.C. Judicial Conference (7.75);
(c)   2001 - carried over credits from 2000;

Annual Criminal law Update (6.0);

S.C. Circuit Judges Conference (7.5);

S.C. Judicial Conference (8.25);
(d)   2002 - carried over credits from 2001;

Annual Criminal Law Update (6.0);

S.C. Women Lawyers CLE (6.0);

S.C. Circuit Judges Conference (7.75);

S.C. Judicial Conference (8.0);
(e)   2003 - carried over credits from 2002;

Annual Criminal Law Update (3.0);

Civil Law Update (3.0);

Legal Jeopardy - John Belton O'Neill Inn of Court (1.0);

Class Actions - John Belton O'Neill Inn of Court (1.0);

Women Lawyers in the New Millenium (4.0);

S.C. Circuit Judges Conference (7.25);

S.C. Judicial Conference (7.5)."
Judge Lee reported that she has taught the following law-related courses:
"(a)   JCLE - Basic Elements of Proof in the Family Court (August 1985)

Topic: Settling the Family Court Record on Appeal;
(b)   Basic Federal Court Practice (September 1985)

Topic: Pretrial Orders, Sanctions & Local Rules;
(c)   Drafting Criminal Laws under the Sentencing Classification Act (November 1993);
(d)   Bridge the Gap (May 1996, March 1997, May 1997, March 1998, May 1998)

Topic: Practice Tips for the Administrative Law Judge Division;
(e)   1996 That Was the Year That Was (January 1997)

Topic: 1996 Update for the Administrative Law Judge Division;
(f)   Rules, Rules, Rules: S.C. Practice & Procedure Update (March 1998);

Topic: Rules of the Administrative Law Judge Division;
(g)   South Carolina Woman Advocate: Moving into the Millennium (May 1998);
(h)   Tips from the Bench: Circuit Court Motions/Appeals (February 2000);
(i)   Tips from the Bench III: Lawyer Conduct/Ethics--Civil Cases (December 2002);
(j)   South Carolina Women Lawyer's CLE--Effective Use of Exhibits at Trial (April 2003)."
Judge Lee reported that she has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Lee did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Lee did not indicate any evidence of a troubled financial status. Judge Lee has handled her financial affairs responsibly.
The Commission also noted that Judge Lee was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Judge Lee reported that she was not rated by Martindale-Hubbell to her knowledge; that she was listed as an associate with the McNair Law Firm 1985-1989.

Summary of Commission's Findings:
The Commission was favorably impressed with Judge Lee's valuable service on the bench as an Administrative Law Judge and then as a Circuit Court Judge. They noted her patient demeanor and professionalism. The Commission found Judge Alison Renee Lee qualified for service on the South Carolina Court of Appeals.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Manning meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Manning was born on December 7, 1950. He is 53 years old and a resident of Columbia, South Carolina. Judge Manning provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1977.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Manning.
Judge Manning demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Manning reported that he has not made any campaign expenditures.
Judge Manning testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Manning testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Manning to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Manning described his continuing legal or judicial education during the past five years as follows:

Lexington, S.C.;
1994-Present   Circuit Court judge for the Fifth Judicial Circuit."
Judge Manning reported the frequency of his court appearances during the last five years prior to election to the bench as follows:
"(a)   federal:     3%;
(b)   state:     97%."

Summary of Commission's Findings:

The Commission noted Judge Manning's fairness in the courtroom to litigants and attorneys. They also commented on his solid knowledge of the law. The Commission found Judge L. Casey Manning qualified and nominated him for election to the South Carolina Court of Appeals.

Commission's Findings:   QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Matthews meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Matthews was born on November 8, 1950. She is 53 years old and a resident of Columbia, South Carolina. Judge Matthews provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1978.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Matthews.
Judge Matthews demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Matthews reported that she has made $87.00 in campaign expenditures for postage and stationery.
Judge Matthews testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;

Central Panel Conference;
(e)   05/02/03   The Certificate of Need Case;
(f)   01/23/03   S.C. Bar Convention: Trial and Appellate Advocacy.
2002:
(a)   11/19/02   Discovery and Sanctions;
(b)   11/01/02   Ethics;
(c)   10/29/02   Sealing of Court Records;
(d)   09/20/02   S.C. Administrative and Regulatory Law Association Conference;
(e)   01/24/02   S.C. Bar Convention Spotlight on Technology in the Courtroom.
2001:
(a)   11/07/01   Ethics;
(b)   09/21/01   South Carolina Administrative and Regulatory Law Association Conference;
(c)   04/19/01   Supreme Court Historical Society Colloquium History of Women at the Bar;

01/23/01   S.C. Bar Convention: Trial and Appellate Advocacy.
2000:
(a)   10/15-

10/17/00   National Association of Administrative Law Judges Seminar, Albany, NY;
(b)   05/12/00   Symposium on the Environmental Regulatory Process, Charleston, S.C.;
(c)   04/14/00   S.C. Women's Law Association Seminar;
(d)   03/17/00   Southern States Annual Administrative Law Seminar.
1999:
(a)   10/25-

10/29/99   National Judicial College, Reno, Nevada: Advanced Evidence;
(b)   09/12-

09/14/99   National Association of Administrative Law Judges Annual Conference;
(c)   04/09/99   Women Lawyer Advocates: SCWLA Seminar."
Judge Matthews reported that she has taught the following law-related courses:
2004:
(a)   03/09/04   Bridge the Gap, 'The Eight Commandments of Administrative Law Practice.'
2003:
(a)   12/12/03   Tips from the Bench IV, 'Administrative Law;'
(b)   11/14/03   Ethics for State Government Attorneys, 'Professionalism in Administrative Law Practice;'
(c)   08/07/03   'The Lighter Side of the Law,' Presentation to SCWLA Meeting;
(d)   05/12/03   Bridge the Gap, 'Administrative Law;'
(e)   03/26/03   Panel Discussion for USC Law School Students, 'How Judges Perceive Lawyers;'
(f)   03/08/03   Bridge the Gap, 'Administrative Law,'
2002:
(a)   12/13/02   Tips from the Bench III, 'Administrative Law;'

Reviewed and researched civil and criminal appeals; Recommended disposition by Court; supervised junior Staff Attorneys; Assisted at settlement conferences; Drafted Court Rules.
Law Clerk, South Carolina Supreme Court Justice George T. Gregory, Jr. (1981-1982)

Reviewed and researched civil and criminal appeals and motions; Drafted opinions, rules, and Orders for Justice Gregory; Assisted at hearings on Extraordinary Writs such as Mandamus, Supersedeas, and Attorney Disciplinary proceedings.
Assistant Attorney General, State of South Carolina (1982-1986)

Researched and wrote more than 200 appellate briefs and argued more than 80 appeals before S.C. Supreme Court, S.C. Court of Appeals, and U.S. Supreme Court; Coordinated appeals with Solicitors; Prosecuted Medical Board and other licensing

Managed research and drafting of Legislation and amendments for all Legislation referred to Judiciary Committee. Coordinated legislative efforts with Governor's Office, Legislative staff, and state agencies. Supervised staff attorneys and law clerks.
Partner, Nelson Mullins Riley & Scarborough (1988-1996)

Administrative practice before State agencies such as DHEC, Department of Insurance, and Public Service Commission; Governmental Relations; Appellate practice.
Partner, Woodward Cothran & Herndon (1996-1998)

Commercial Litigation; Appellate and Administrative Law practice before state agencies, including DHEC, Insurance Commission, and PSC. State and Federal Governmental Relations.
Carolyn C. Matthews, Attorney and Counselor at Law (December 1998-May, 1999)

Administrative and Appellate Law Practice; State and Federal Governmental Relations.
Administrative Law Judge, Seat #3 (June 2, 1999-present; reelected February 9, 2000)

Appeals from 49 Licensing Boards of LLR and DSS, HHS, DOC; Contested Cases from 11 State Agencies, including: DHEC, DOR, DNR, Department of Insurance, DHHS, DOT, DSS, OCRM, SLED, County Auditors and Assessors;

Regulatory Hearings from State agencies governed by a single director; Injunctions, Petitions for Stay, and other procedural Motions."
Judge Matthews reported the frequency of her court appearances during the last five years prior to election to the bench as follows:
"(a)   federal:   6-8 times per year;
(b)   state:   6-8 times per year."
Judge Matthews reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years prior to election to the bench as follows:

In favorem vitae [in favor of life] review required that I be prepared at oral argument not only on the briefed issues, but also to address any other issues which might be raised by the Supreme Court during argument, of which there were several. "Pee Wee" Gaskins was the most notorious serial killer in South Carolina history. [His seven prior death sentences had been commuted when South Carolina's death penalty statute was declared unconstitutional.] The South Carolina and U.S. Supreme Courts upheld his conviction and death sentence.
(b)   Grand Strand Water & Sewer Authority v. Water Resources Commission (1989): Sole Attorney in obtaining first Interbasin Transfer Permit from the S.C. Water Resources Commission. This new permit was required in order for Grand Strand Water & Sewer Authority to transfer more than one million gallons of water per day from the Waccamaw Basin to the Little Pee Dee Basin.

The permit was critical to the continued operation of one of the largest water systems in the state, which provides water and sewer service to more than 200,000 people in Horry County, the City of Myrtle Beach, North Myrtle Beach, Aynor, and upper

After the hearing, Judge Anderson issued an order which did not require a Doctoral degree for all Counselors, and remanded the regulation to the Board to establish reasonable criteria. The regulations which were ultimately approved by the General Assembly both protected the public health and welfare, and were reasonable for these highly-trained professionals."
The following is Judge Matthews' account of civil appeals she has personally handled:

The Supreme Court affirmed, holding that the City of Aiken acted within its Constitutional authority to designate the electric supplier for new customers in the annexed areas.
(b)   Alexander S. et al. v. Flora Brooks Boyd, et al., 113 F.3d 1373 (C.A.4 1997), cert. den. 118 S.Ct. 880, 139 L.Ed.2d 869 (1998): Lead counsel on brief and sole counsel on oral argument to the Fourth Circuit Court of Appeals on case of first impression- the retroactive application of the Prison Litigation Reform Act's limitations on Attorneys Fee Awards in Juvenile Prison Litigation under Section 1983. I also wrote the Petition for Writ of Certiorari to the U. S. Supreme Court; that Petition was denied.
(c)   Designer Showrooms, Inc. v. Kelley, 304 S.C. 478, 405 S.E.2d 417 (S.C.App.1991): Served as Counsel to the S. C. Association of Realtors in writing an Amicus brief on behalf of the National Association of Realtors at the Court of Appeals. The issue was whether by affirming a contract which it was induced to enter by fraud, Designer Showrooms waived its right to sue in tort. The Court held that if fraud gives rise to a breach of promise or warranty, the party induced by fraud may elect to affirm the contract and later bring a tort action."
Judge Matthews provided the following list of criminal appeals she has personally handled:
"[Note: The Attorney General's practice from 1982-1986, when I was an Assistant Attorney General, was to list on the State's briefs the names of: (1) Attorney General Travis Medlock; (2) Harold M. Coombs, Jr., head of the Criminal Appeals Division, (3) the Solicitor who had tried the case, and (4) the Assistant Attorney General who actually wrote the brief and argued the case. My name at that time was Carolyn Matthews Adams.

I wrote all of the following briefs without any assistance or supervision from any of the attorneys whose names are also on the cover of the briefs. I also argued solo each of the following cases before the S.C. Supreme Court:
(a)   State v. Donald Henry 'Pee Wee' Gaskins, 284 S.C. 105, 326 S.E.2d 132 (1985): Sole Counsel representing State of South Carolina in Death Penalty Appeal to S.C. Supreme Court. The case involved a 10,000-page transcript, more than 200 pages of briefs, and many issues of first impression under South Carolina's Death Penalty statute. In favorem vitae review required that I be prepared at oral argument not only on the briefed issues, but also any other issues which might be raised by the Supreme Court.
(b)   State v. Kiser, 288 S.C. 441, 343 S.E.2d 292 (1986). Sole Counsel representing State of South Carolina in case of first impression--the constitutionality of South Carolina's newly-enacted Drug Trafficking Statute, which imposed the strictest penalties of any state in the United States. Affirmed Per Curiam after argument.
(c)   State v. Brantley, 279 S.C. 215, 305 S.E.2d 234 (1983). Sole Counsel for the State of South Carolina in briefing and arguing the Constitutional issue of the scope of a Circuit Judge's contempt power. The Supreme Court affirmed the Circuit Court's inherent ability to punish for constructive contempt, even outside the Judicial Circuit.
(d)   State v. McLellan, 283 S.C. 389, 323 S.E.2d 772 (1984). Sole counsel for State on brief and at argument on several issues of first impression under Criminal Sexual Conduct statute: (1) Whether trial judge properly denied Motion for Mistrial based on the testimony of two sisters regarding evidence of prior abuse under the 'common scheme' test of State v. Lyle; (2) whether the trial judge properly exercised his discretion in admitting evidence of Defendant's use and sale of marijuana; and (3) whether the trial judge's admitting opinion testimony by a lay witness constituted reversible error. The Supreme Court affirmed the Circuit Judge on all issues.
(e)   In the Matter of Harry C., 280 S.C. 308, 313 S.E.2d (S.C. 1984). This case, tried in Family Court because of the age of the minor, dealt with the novel issue of whether entering a home through a door which was ajar constituted a 'breaking' sufficient to convict a Juvenile of the crime of 'housebreaking.' It also

By S.C. Supreme Court case law, Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), the ALJD was given jurisdiction over inmates' appeals of non-collateral sentencing matters or administrative matters from the Department of Corrections.

The Supreme Court of South Carolina has held that the ALJD does not have jurisdiction to rule on the constitutionality of statutes or regulations. Administrative Law Judges have jurisdiction to rule only on whether a statute or regulation has been unconstitutionally applied."
Judge Matthews provided the following list of her significant orders:
"(a)   South Carolina Department of Health and Environmental Control v. Tin Products, Inc. and J. Gray Macaulay, et al., 00-ALJ-07-0353-CC (May 7, 2002). This environmental contested case involved a massive release of Organotins and dibutyl ether into the waters of Red Bank Creek and Crystal Lake, which resulted in massive fish kills, permanent closing of a portion of the Lexington County water and sewer system, and the closing of Crystal Lake. For numerous violations of the Pollution Control Act and the Hazardous Waste Management Act, DHEC imposed the largest fine in its history- $4 million. After numerous pretrial

S.C. Bar House of Delegates [1998-1999];

Mentor, S.C. Young Lawyers Division [1996-1999];

S.C. Bar Legislative Counsel Committee [1991-1996];

S.C. Bar Committee on Continuing Legal Education [1994-1997];

S.C. Bar Practice and Procedure Committee:

Subcommittee to draft legislation creating S.C. Court of Appeals;
(b)   Richland County Bar Association [1978-present]:

Chair, Legal Services Committee [1996-1999];

Chair, Richland County Bar Programs Committee [1991-1992];
(c)   S.C. Women Lawyers Association [1995-present]:

Board of Directors [1995-2001];
(d)   National Association of Women Lawyers [2003-present];
(e)   National Association of Administrative Law Judges [1999-present];
(f)   S.C. Association of Administrative and Regulatory Law Association [2000-present];
(g)   John Belton O'Neall Inn of Court [2002-present]."
Judge Matthews provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:

Summary of Commission's Findings:
The Commission noted Judge Matthews' extensive range of legal experience in all the branches of state government. They found her gracious demeanor and quick intellect would serve her well on the Court of Appeals. The Commission found Judge Carolyn C. Matthews qualified for service on the South Carolina Court of Appeals.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Short meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Short was born on January 13, 1947. He is 57 years old and a resident of Chester, South Carolina. Judge Short provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Short.
Judge Short demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Short reported that he has not made any campaign expenditures.
Judge Short testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Short testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Short to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

01/24     18th Annual Criminal Law Update;

05/07     SCACJ Circuit Judges Meeting;

08/07     Roscoe Pound Institute, The Civil Jury in America;
2002

01/25     S.C. Bar, Criminal Law Update;

05/08     SCACJ Circuit Judges' Annual Convention;

08/01     S.C. Trial Lawyers Assoc. Annual Convention;

08/22     SCCA Judicial Conference;2001

01/26     S.C. Bar, Criminal Law Update;

01/05     York County Bar Assoc., Sticks & Stones, Appointed;

05/09     S.C. Assoc. Circuit Judges' Conference;

07/09     National Judicial College, Reno, NV, Law & the Social & Behavioral Sciences;

08/23     S.C. Circuit Court Assoc. Judicial Conference;
2000

01/21     S.C. Bar, Criminal Law Update;

05/10     S.C. Assoc. Circuit Judges' Conference;

08/07     National Judicial College, Reno, NV, Media and the Courts;
1999

01/22     S.C. Bar, Criminal Law Update;

05/12     S.C. Assoc. Circuit Judges' Conference;

07/19-   07/23

National Judicial College, Reno, NV, Constitutional Criminal Procedure; History & Theory of Jurisprudence;

07/26     National Judicial College, Reno, NV, Judicial Writing;

08/05     S.C. Trial Lawyers Assoc., Annual Convention;

08/19     S.C. Circuit Court Assoc. Judicial Conference."

Summary of Commission's Findings:
The Commission commented on Judge Short's excellent control of the courtroom, both in civil and criminal matters. They noted his fairness and breadth of experience as a Circuit Court Judge. The Commission found Judge Paul E. Short, Jr. qualified and nominated him for election as a judge on the South Carolina Court of Appeals.

Commission's Findings:   QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Stevens meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Stevens was born on October 7, 1949. He is 54 years old and a resident of Simpsonville, South Carolina. Judge Stevens provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1978.

1.   Taught fundamentals of Federal Taxation of partnerships, corporations, and estates at Midlands Technical College, Columbia, S.C.

2.   Guest lectures at USC Law School, State and Local Tax classes including:

a. Duties and functions of county officials in property taxation

b. Taxation of railroads under the Federal 4-R Act
B.   Lecturer at Bar Associations

1.   S.C. Bar: Taught Administrative Law for Bridge the Gap each year of 1999, 2000, 2001, 2002, and 2003.

2.   S.C. Bar: Annual Convention, Governmental Section, Litigating Before the ALJD, Summer 1999

3.   S.C. Bar: 1999 That Was the Year That Was Review of Changes in Administrative Law

4.   Greenville County Tax Bar

a. Remedies and Procedures for Suits Against State Officials

b. Adm. Procedures Before the S.C. Dept. Of Revenue

5.   Columbia Tax Study Group-Tax Practice Under the Revenue Procedures Act
C.   Continuing Legal Education Lectures

1.   Federation of Tax Administrators-42 USC Section 1983 in State Court Tax Disputes

2.   Southeastern Association of Tax Attorneys

a. Collecting Taxes Under An Automatic Stay Due To Bankruptcy

b. Nexus and Jurisdiction for Taxation Of Delaware Holding Companies

3.   Vanderbilt University's Paul J. Hartman Tax Forum

a. Moot Court Presentation on Taxation of Intangibles

b. Geoffrey v. South Carolina: Is the Camel's Nose Under the Tent?

4.   Ohio Tax Conference-Intangibles and the Creation of Nexus For Income Tax Purposes.

5.   S.C. Chamber of Commerce-Taxes and the Bottom Line: New Tax Appeal Process."
Judge Stevens reported that he has published the following:
"(a)   'Unwanted Assets Spun Off Prior to Acquisition of Wanted Assets'

1980 South Carolina Bar Publication;
(b)   'The Use of Title 42 USC Section 1983 in State Tax Litigation'

1988 REVENUE ADMINISTRATION;
(c)   'Delaware Subsidiaries Can Still Reduce Tax But More Planning Needed;'

March/April 1992 THE JOURNAL OF MULTISTATE TAXATION;
(d)   'Geoffrey v. South Carolina Tax Commission: Is the Camel's Nose Under the Tent?'

Tax Management, Multistate Tax Report, December 22, 1995."
(4)   Character:
The Commission's investigation of Judge Stevens did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Stevens did not indicate any evidence of a troubled financial status. Judge Stevens has handled his financial affairs responsibly.
The Commission also noted that Judge Stevens was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

General corporate practice with emphasis on taxation.
1979-80   U.S. Internal Revenue Service

Federal estate and gift tax return examiner.
1980-95   S.C. Attorney General

Chief Deputy Attorney General and Director of Tax Division; issued Attorney General Opinions and responsible for all tax litigation as well as defense of State at all levels from administrative hearings to trials in the state and federal courts.
1995-present   Administrative Law Judge Division

Judge presiding over contested cases, appeals and regulation reviews."
Judge Stevens reported the frequency of his court appearances during the last five years prior to election to the bench as follows:
"(a)   federal:   Federal District Court, 2 times;

U.S. Supreme Court, 3 times, once on brief in chief, twice on brief in Opposition to Petition for Writ of Certiorari;
(b)   state:   Trial Court, 21 times: 10 appearances with case settled before trial, and 11 appearances conducting trial as lead counsel.

S.C. Court of Appeals, 3 times: once as lead counsel writing all briefs and making oral argument; two times as assisting counsel.

S.C. Supreme Court, 12 times: 8 times as lead counsel writing all briefs and making oral argument; 4 as assisting counsel."
Judge Stevens reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years prior to election to the bench as follows:
"(a)   civil:     100%."
Judge Stevens reported the percentage of his practice in trial court during the last five years prior to election to the bench as follows:
"(a)   non-jury:   100%."
Judge Stevens provided that prior to election to the bench he most often served as sole counsel with other attorneys in office listed in name only on the pleadings.
The following is Judge Stevens' account of his five most significant litigated matters:
"(a)   Spencer v. South Carolina Tax Com'n, 281 S.C. 492, 316 S.E.2d 386 (May 15, 1984), Certiorari Granted by 469 U.S. 879, 105 S.Ct. 242, (Oct. 1984), Judgment Affirmed by Spencer v. South Carolina Tax Commission, 471 U.S. 82, 105 S.Ct. 1859 (Mar 27, 1985), Rehearing Denied by 471 U.S. 1112, 105 S.Ct. 2349 (May 13, 1985). The S.C. Supreme Court established that 42 USC Section 1983 could not be used in state court to recover taxes paid and correspondingly established that attorney fees could not be obtained against the State under the companion federal statute of 42 USC Section 1988. Briefing and oral argument before the U.S. Supreme Court resulted in a decision affirming the S.C. Supreme Court by a 4 to 4 decision with Justice Powell abstaining.
(b)   Reyelt v. State of South Carolina, United States District Court, 6:93-1491-3 (Nov. 15, 1993). This unappealed decision determined that South Carolina's initial Video Game Machines Act was constitutional in light of challenges that the Act violated free speech, constituted an involuntary taking, created an impairment of contract, failed to grant equal protection, infringed rights under the commerce clause, and denied individual's their rights to privileges and immunities. While upholding the Act in general, the decision did find S.C. Code Ann. Section 12-21-2804's use

Summary of Commission's Findings:
The Commission noted Judge Stevens' astute legal mind as evidenced by his scholarly work product. They also commented on his outstanding reputation in the legal community. The Commission found Judge Ray N. Stevens qualified for service on the South Carolina Court of Appeals.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Pieper meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Pieper was born on October 8, 1961. He is 42 years old and a resident of North Charleston, South Carolina. Judge Pieper provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Pieper.
Judge Pieper demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Pieper reported that he has the following campaign expenditures: "Postage to mail announcement $57; Envelopes $10; Paper $5."
Judge Pieper testified he has not:

Summary of Commission's Findings:
The Commission noted Judge Pieper's analytical ability and his varying experience on the bench ranging from magistrate, to Master-in-Equity, to Circuit Court judge. They found that he was an extremely dedicated and hard-working jurist. The Commission found Judge Daniel F. Pieper qualified and nominated him for election to the South Carolina Court of Appeals.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Thomas meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Thomas was born on October 20, 1957. She is 46 years old and a resident of Pawleys Island, South Carolina. Judge Thomas provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1986.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Thomas.

Summary of Commission's Findings:
The Commission noted Judge Thomas' dedicated service to the state, first as a representative to the House and then as a Circuit Court Judge. They were impressed with her open-mind as a jurist and her thoughtful responses during the screening. The Commission found Judge Paula H. Thomas qualified and nominated her for election to the South Carolina Court of Appeals.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Williams meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Williams was born on March 13, 1956. He is 48 years old and a resident of Columbia, South Carolina. Judge Williams provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1982.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Williams.
Judge Williams demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Williams reported that he has made $157.76 in campaign expenditures for stationery, $33.76; for typing, $50.00; and for postage, $74.00.
Judge Williams testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Williams testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Williams to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Scott, Mathews and Williams, 1982 - 1991;

Trotter and Williams, 1991 - 1995;
1991 - 1995   Part-time Municipal Judge for Irmo, South Carolina;
1995 - present   South Carolina Family Court Judge."
Judge Williams reported the frequency of his court appearances during the last five years prior to election to the bench as follows:
"(a)   federal:     low;
(b)   state:     high."
Judge Williams reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years prior to election to the bench as follows:
"(a)   civil:     30%;
(b)   criminal:   5%;
(c)   domestic:   65%."
Judge Williams reported the percentage of his practice in trial court during the last five years prior to election to the bench as follows:
"(a)   jury:     5%;
(b)   non-jury:   95%."
Judge Williams reported that prior to election to the bench he most often served as sole counsel.
Judge Williams provided the following list of his most significant litigated matters:
"(a)   Melvin v. Melvin. Long-term marriage involving issues of contested divorce and equitable distribution including military retirement;
(b)   Inman v. Inman. A custody case involving a mother who moved out of state. The mother retained custody, but she had to return to South Carolina;

(10)   Miscellaneous:
The Midlands Citizens Advisory Committee reported that Judge Williams was a qualified and highly-regarded judge who would ably serve on the Court of Appeals.
Judge Williams is married to Sharon Childers Williams. He has two children.
Judge Williams reported that he was a member of the following bar associations and professional associations:
"(a)   S.C. Bar, 1982-present;
(b)   Richland County Bar, 1982-present; Family Law Chairman, 1993; Family Law Committee, 1991-1993;
(c)   S.C. Conference of Family Court Judges, 1995-present; Secretary-Treasurer, 1997-1998; President Elect, 1998-1999; President, 1999-2000; Chairman of Advisory Committee, 2001-present;
(d)   S.C. Association of Drug Court Professionals; President, 2000-2001."
Judge Williams provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Received 'Program Achievement Award' at 1998 Governor's Conference on Youth Crime for initiating and developing the Richland County Juvenile Drug Court;

Summary of Commission's Findings:
The Commission was favorably impressed with Judge Williams' balanced judicial temperament, intellect, and integrity. They recognized his dedication in advising the legislature on family law issues as well as serving as a judge for drug court. The Commission found Judge H. Bruce Williams to be qualified and nominated him for service on the South Carolina Court of Appeals.

The following candidates were found qualified and nominated:

The Honorable Mary E. Buchan   Court of Appeals, Seat 1
The Honorable L. Casey Manning   Court of Appeals, Seat 1
The Honorable Paul E. Short, Jr.   Court of Appeals, Seat 1
The Honorable Daniel F. Pieper   Court of Appeals, Seat 2

Received as information.

Document No. 2855
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10 et seq.
Water Classifications and Standards
Received by Speaker of the House of Representatives
January 13, 2004
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2004
Withdrawn and Resubmitted April 05, 2004

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

Altman                 Anthony                Bailey
Bales                  Barfield               Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Hagood
Harrison               Hayes                  Herbkersman
J. Hines               Hinson                 Howard
Jennings               Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Owens                  Parks
Perry                  E. H. Pitts            M. A. Pitts

Rice                   Richardson             Rivers
Sandifer               Scarborough            Scott
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stille                 Talley                 Taylor
Toole                  Townsend               Trotter
Umphlett               Vaughn                 Walker
Weeks                  White                  Whitmire
Wilkins                Witherspoon

I came in after the roll call and was present for the Session on Thursday, May 6.

Karl Allen                        Alan D. Clemmons
Annette Young                     Chip Huggins
Lewis E. Pinson                   Glenn Hamilton
Seth Whipper                      Thomas Rhoad
James Battle                      Michael Thompson
Gary Simrill                      Daniel Tripp
Fletcher Smith                    James E. Stewart
William Clyburn                   Harry Ott
David Mack                        Ralph Davenport
Gloria Haskins                    Todd Rutherford
Joseph Neal                       Robert Harrell
Thad Viers
Bill Cotty   Becky Martin

The SPEAKER granted Rep. GOVAN a leave of absence for the day.

The SPEAKER granted Rep. COTTY a temporary leave of absence.

Announcement was made that Dr. Julio C. Arroyo of West Columbia is the Doctor of the Day for the General Assembly.

Rep. HUGGINS presented to the House the Irmo High School Band, the Class AAAA Champions and one of the top twenty-five bands in America, and their director.

Rep. FRYE presented to the House the King Academy Girls Basketball Team, the South Carolina Independent School Association Class A Champions, their coach and other school officials.

The following Bill was read the third time, passed and, 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:

S. 1213 (Word version) -- Senators Knotts, Setzler, Courson and Cromer: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DELETE THE PROHIBITION THAT A MEMBER OF THE COMMISSION SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS.

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

H. 4805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN

The following Bill was taken up:

H. 4509 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.

Rep. CATO explained the Bill.

Rep. G. M. SMITH made the Point of Order that the Bill was 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.

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

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

Rep. CHELLIS explained the Bill.

S. 1070 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO DESIGNATE THE FIRST WEEK IN JUNE OF EACH YEAR AS SOUTH CAROLINA STATE GUARD WEEK IN SOUTH CAROLINA.

Rep. SINCLAIR explained the Bill.

On motion of Rep. CHELLIS, with unanimous consent, it was ordered that H. 5088 (Word version) be read the third time tomorrow.

On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that S. 1070 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 5119 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3933DW04):

"(2)   Discharge for cause connected with the employment. (a) If the commission finds that he has been discharged for cause connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing not less than five nor more than the next twenty-six weeks, (in addition to the waiting period), with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification. The ineligibility period must be determined by the commission in each case according to the seriousness of the cause for discharge. A charge of discharge for cause connected with the employment may not be made for failure to meet production requirements unless the failure is occasioned by wilful failure or neglect of duty. 'Cause connected with the employment' as used herein shall require in this item requires more than a failure in good performance of the employee as the result of inability or incapacity.

(b)   An insured worker is considered to have been discharged for cause pursuant to this item, and is ineligible for benefits if the:

(i)   company has communicated a policy prohibiting the illegal use of drugs, the violation of which may result in termination; and

(ii)   insured worker fails or refuses to provide a specimen pursuant to a request from the employer, or otherwise fails or refuses to cooperate by providing an adulterated specimen; or

(iii)   insured worker makes an admission to the employer that he uses, has used, or is using illegal drugs; or that he uses, has used, or is using legal drugs unlawfully. For purposes of this item, 'unlawfully' means without a prescription, or outside the scope of that prescribed by a board-certified physician; or

(iv)   insured worker provides a blood, hair, or urine specimen during a drug test administered on behalf of the employer, which tests positive for illegal drugs, provided:

(A)   the sample was collected and labeled by a licensed health care professional or another individual authorized to collect and label test samples by federal or state law, including law enforcement personnel; and

(B)   the test was performed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists, the State Law Enforcement Division, or another recognized authority; and

(C)   any initial positive test was confirmed on the specimen using the gas chromatography/mass spectrometry method, or an equivalent or more accurate scientifically accepted methods approved by the National Institute on Drug Abuse.

(c)   Notwithstanding the provisions of item (2)(b)(iii), if an insured worker makes an admission as defined in it pursuant to the employer's policy, which provides that voluntary admissions made before the employer's request to the employee to submit to testing may protect an employee from immediate termination, then the admission is inadmissible for purposes of this section as long as the:

(A)   employer has communicated a written policy, which provides protection from immediate termination for employees who voluntarily admit prohibited drug use before the employer's request to submit to a test; and

(B)   employee makes the admission specifically pursuant to the employer's policy.

(d)   Information, interviews, reports, and drug-test results, written or otherwise, received by an employer through a drug-testing program may be used or received in evidence in proceedings conducted pursuant to the provisions of this title for the purposes of determining eligibility for unemployment compensation, including any administrative or judicial appeal."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. CHELLIS explained the amendment.

Rep. J. E. SMITH made the Point of Order that the Bill was 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.

The following Bill was taken up:

S. 763 (Word version) -- Senators Ravenel, Knotts and Kuhn: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.

Rep. PARKS made the Point of Order that the Bill was 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.

The following Bill was taken up:

H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.

Rep. HOWARD made the Point of Order that the Bill was 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.

The following Bill was taken up:

H. 4869 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON PARKING ON PRIVATE PROPERTY WITHOUT THE OWNER'S CONSENT AND THE REMOVAL OF THE VEHICLE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE OWNER OF COMMERCIAL PROPERTY TO POST A NOTICE ON HIS PROPERTY THAT PROHIBITS PARKING, AND TO DELETE A CODE REFERENCE; TO AMEND SECTION 29-15-10, AS AMENDED, RELATING TO LIENS FOR REPAIRS OR STORAGE, SO AS TO REVISE THE PROCEDURES FOR EXECUTING LIENS FOR REPAIRS OR STORAGE OF VEHICLES; TO AMEND SECTION 56-5-2525, RELATING TO REQUIRING A TOWING COMPANY THAT TOWS A MOTOR VEHICLE WITHOUT ITS OWNER'S KNOWLEDGE TO NOTIFY A LAW ENFORCEMENT AGENCY THAT IT TOWED THE VEHICLE, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT AGENCY THAT RECEIVES THIS NOTICE MUST CREATE A REPORT AND FURNISH THE TOWING COMPANY WITH ITS DOCUMENT NUMBER, AND PROVIDE THAT NOTIFICATION IS NOT REQUIRED WHEN TOWING IS DONE AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO CERTAIN NOTICE THAT MUST BE PROVIDED TO OWNERS AND LIENHOLDERS OF VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, SO AS TO REVISE THE DEFINITION OF THE TERM "VEHICLE", TO REVISE THE CONTENTS OF THE NOTICE THAT MUST BE PROVIDED TO THE OWNERS AND LIENHOLDERS OF THE VEHICLES, TO DELETE THE PROVISION THAT ALLOWS CERTAIN

Rep. MOODY-LAWRENCE made the Point of Order that the Bill was 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.

The following Bill was taken up:

H. 5210 (Word version) -- Reps. Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Rutherford, Scott and J. E. Smith: A BILL TO ENACT THE RICHLAND COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN RICHLAND COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE

Rep. SCOTT made the Point of Order that the Bill was 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.

On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:

S. 1185 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ADVISORY COMMITTEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2874, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The Veto on the following Act was taken up:

(R229) S. 154 (Word version) -- Senator Giese: AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL UNDERGO A STATE AND NATIONAL CRIMINAL RECORDS CHECK TO BE REVIEWED BY THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, PROVIDE THAT THE COSTS ASSOCIATED WITH THE FBI BACKGROUND CHECKS ARE THOSE OF THE APPLICANT, PROVIDE THAT THE INFORMATION COULD AFFECT HIS FITNESS TO TEACH AND THAT HE MAY BE DENIED THE OPPORTUNITY TO COMPLETE HIS CLINICAL TEACHING EXPERIENCE, PROVIDE THAT A TEACHER EDUCATION CANDIDATE MAY REQUEST RECONSIDERATION AFTER ONE YEAR, AND PROVIDE THAT A GRADUATE OF A TEACHER EDUCATION PROGRAM APPLYING FOR INITIAL TEACHER CERTIFICATION MUST HAVE COMPLETED THE FBI FINGERPRINT PROCESS WITHIN EIGHTEEN MONTHS OF FORMALLY APPLYING; AND TO REPEAL SECTIONS 59-3-50, 59-3-60, AND 59-3-70, ALL RELATING TO STATISTICAL REPORTS REQUIRED BY THE SUPERINTENDENT OF EDUCATION.

Rep. WALKER explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Delleney               Duncan
Emory                  Freeman                Frye
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
Hinson                 Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 J. M. Neal
Neilson                Ott                    Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Rivers                 Sandifer
Scarborough            Scott                  Sinclair
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. R. Smith            Snow
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Moody-Lawrence

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

H. 4420 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-125 SO AS TO PROVIDE THAT FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, A NEW EMPLOYING UNIT MUST NOT BE ASSIGNED A DISCRETE EMPLOYER NUMBER WHEN THERE IS AN ACQUISITION OR CHANGE IN THE FORM OF THE ORGANIZATION OF AN EXISTING BUSINESS ENTERPRISE WITH CONTINUITY OF CONTROL, AND TO PROVIDE DEFINITIONS.

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 following Concurrent Resolution was taken up:

H. 5207 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO HAVE SIGNS PLACED ON I-385 AT EXIT 34 ON BUTLER ROAD TO MARK THE EXIT TO THE "BOY SCOUTS OF AMERICA SERVICE CENTER".

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

That the Department of Transportation is directed to have signs placed on I-385 at Exit 34 on Butler Road to mark the exit to the "Boy Scouts of America Service Center".

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

S. 1215 (Word version) -- Senators Leatherman, McGill, Malloy, Glover, Land and Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE OF INTERSTATE 95 AND HIGHWAY 327 IN FLORENCE COUNTY IN HONOR OF MR. ROBERT W. WILLIAMS, JR. FOR HIS LONG AND OUTSTANDING CAREER AS A PIONEER OF RURAL ELECTRIFICATION AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER MR. WILLIAMS' CONTRIBUTIONS TO THE COMMUNITY.

Whereas, Mr. Robert W. Williams, Jr. began his illustrious career as Chief Engineer of the Oconee Electric Membership Cooperative when the State Department asked him to travel to Iran to survey rural electrification possibilities in Iran. During this visit to Iran, Mr. Williams met and briefed the Shah of Iran on several occasions; and

Whereas, the State Department asked Mr. Williams to lead the effort of planning and constructing five rural electric cooperatives in the Philippines. The venture was so successful that President Ferdinand Marcos presented Mr. Williams with the Order of the Golden Heart, the highest civilian honor bestowed by the Philippine government; and

Whereas, after his time in the Philippines, Mr. Williams returned to the United States to manage operations at the Pee Dee Electric Cooperative in Darlington. Under his direction, Pee Dee Electric became the state's first cooperative to serve a major industrial plant; and

Whereas, Mr. Williams played a vital role in the creation of the National Rural Telecommunications Cooperative, a satellite television service provider for rural homes and businesses. As chairman of the National Rural Telecommunication Cooperative, he negotiated a multi-million dollar contract to develop the Digital Satellite System for consumers across the country; and

Whereas, Mr. Williams' vision of an industrial park like no other in South Carolina led to the Pee Dee Touchstone Energy Commerce City located on Interstate 95 that has pre-permitted sites and full infrastructure allowing industries to purchase land and begin building more rapidly than ever before; and

Whereas, Mr. Williams' unbounded energy is one of the many reasons he has served as an officer on boards and commissions in the six counties served by Pee Dee Electric and on various state and national boards dealing with electric cooperatives and rural development. He is currently serving as a board member for Francis Marion University and Carolinas Hospital System; and

Whereas, Mr. Williams received the Presidents Award from the National Rural Electric Cooperative Association and the Order of the Palmetto; and

Whereas, Mr. Williams cherishes the love of his wife, Grace, and their daughter, Kim, and without whom none of his success would be possible; and

Whereas, Mr. Williams has led and motivated people beyond their expectations and in return has improved the lives of each person in the Pee Dee; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding South Carolinian if the interchange of Interstate 95 and Highway 327 in Florence County were named in his honor. Now, therefore,

That the members of the General Assembly request that the Department of Transportation name the interchange of Interstate 95 and Highway 327 in Florence County in honor of Mr. Robert W. Williams, Jr. for his long and outstanding career as a pioneer of rural electrification and install appropriate markers or signs on the interchange so that as the public passes, they will remember Mr. Williams' contributions to the community.

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

The Concurrent Resolution was adopted and sent to the Senate.

The motion period was dispensed with on motion of Rep. HUGGINS.

The following Bill was taken up:

H. 4557 (Word version) -- Reps. Townsend, Harrell, Martin, Stille and White: A BILL TO REPEAL SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT.

Rep. TOWNSEND explained the Bill.

Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10291SJ04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   The first paragraph of Section 59-21-1030 of the 1976 Code is amended to read:

"Except as provided in this section, school district boards of trustees or any other appropriate governing body of a school district shall maintain at least the level of per pupil financial effort established as provided in fiscal year 1983-84. However,

Rep. TOWNSEND explained the amendment.

The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day to be on the program at the National Day of Prayer.

Rep. TOWNSEND continued speaking.

The question then recurred to the adoption of the amendment.

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

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Bingham                G. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Dantzler
Davenport              Delleney               Duncan
Gilham                 Hamilton               Harrison
Haskins                Herbkersman            J. Hines
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Mahaffey               Merrill                Owens
Perry                  Pinson                 M. A. Pitts
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille

Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Branham                Breeland
J. Brown               Clyburn                Coates
Cobb-Hunter            Coleman                Emory
Freeman                Hayes                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Lucas
McCraw                 McGee                  McLeod
Miller                 Moody-Lawrence         J. M. Neal
Ott                    Rivers                 Scott
F. N. Smith            G. M. Smith            J. E. Smith
Weeks                  Whipper

So, the amendment was adopted.

Rep. TOWNSEND proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10292SJ04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   The first paragraph of Section 59-21-1030 of the 1976 Code is amended to read:

"Except as provided in this section, school district boards of trustees or any other appropriate governing body of a school district shall maintain at least the level of per pupil financial effort for funds spent on the Defined Minimum Program as required by the Education Finance Act established as provided in fiscal year 1983-84. Beginning in 1985-86, local financial effort for noncapital programs must be adjusted for an inflation factor estimated by the Division of Research and Statistical Services." /

Rep. TOWNSEND explained the amendment.

The question then recurred to the adoption of the amendment.

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

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Bingham                Branham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Dantzler
Davenport              Delleney               Frye
Gilham                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Miller
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Allen                  Anthony                Bales
Bowers                 Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Coates                 Cobb-Hunter            Coleman
Duncan                 Emory                  Freeman
Hayes                  J. Hines               Howard
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Moody-Lawrence         J. M. Neal             Ott
Rivers                 Rutherford             Scott
F. N. Smith            J. E. Smith            Taylor
Weeks                  Whipper

So, the amendment was adopted.

The SPEAKER granted Rep. KEEGAN a leave of absence for the remainder of the day.

Rep. MOODY-LAWRENCE spoke against the Bill.

Rep. MOODY-LAWRENCE continued speaking.

The SPEAKER granted Rep. KIRSH a leave of absence for the remainder of the day.

Rep. MOODY-LAWRENCE continued speaking.

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

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the title and inserting therein the following:

/Whereas, the governing bodies of Berkeley and Charleston counties have no objection to a change in the county lines of both counties; and

Whereas, Section 7, Article VII of the Constitution of South Carolina, 1895, requires before any county line is altered the question must be submitted to the qualified electors of the territory proposed to be taken from one county and given to another; and

Whereas, at this time there are no inhabitants in the territory proposed to be taken from Charleston County and given to Berkeley County; and

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Chapter 3, Title 4 of the 1976 Code is amended by adding:

"Section 4-3-85.   (A)(1)   The following described portion of Charleston County is transferred and annexed to Berkeley County:

All that area, approximately 4.04 acres, now lying in the County of Charleston and identified as a portion of TMS #487-00-00-026 located adjacent to Crowfield Plantation Development and shown on a map prepared by ADC Engineer, Inc., designated as Job #02227 and dated December 4, 2002.

(2)   The proper proportion of the existing Charleston County indebtedness of the area transferred must be assumed by Berkeley County.

(B)   Upon application, the clerk of court, register of deeds, sheriff, and probate judge of Charleston County shall furnish certified copies of any judgment roll, entry on abstract of judgment book, will, record, execution, decree, deed, mortgage, or other papers signed or recorded in the office of such officers, upon payment of proper fees and when this certified copy is filed or recorded in the proper office of Berkeley County, it has the same force and effect in Berkeley County that it had in Charleston County and any record not transferred continues in force and effect, and each has the same force and effect in Berkeley County as if it had been transferred and made a record in the proper office in Berkeley County."

SECTION   2.   Section 4-10-330(A)(1) of the 1976 Code, as added by Act 138 of 1997, is amended to read:

"(1)   the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the local governmental entities, including the county, municipalities, and special purpose districts located in the county area, and may include the following types of projects:

(a)   highways, roads, streets, and bridges, and public parking garages and related facilities;

(b)   courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;

(c)   cultural, recreational, or historic facilities, or any combination of these facilities;

(d)   water, sewer, or water and sewer projects;

(e)   flood control projects and storm water management facilities;

(f)   beach access and beach renourishment;

(g)   jointly operated projects of the county, a municipality, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (e) (f) of this subsection;

(g)(h)   any combination of the projects described in subitems (a) through (f) (g) of this item;"

SECTION   3.   This act takes effect upon approval by the Governor./

Amend title to conform.

C. Bradley Hutto                  Floyd Breeland
Scott H. Richardson               Harry Bancroft "Chip" Limehouse III
James H. Ritchie, Jr.             Shirley Rogers Hinson
On Part of the Senate.            On Part of the House.

Rep. HINSON explained the Conference Report.

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

The following was received:

Columbia, S.C., May 6, 2004
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

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

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

H. 5211 (Word version) -- Rep. Hamilton: A HOUSE RESOLUTION TO RECOGNIZE THE URGENCY OF FINDING SOLUTIONS TO THE PROBLEM OF THE LACK OF HEALTH INSURANCE BY MANY SOUTH CAROLINIANS AND TO DECLARE THE WEEK OF MAY 10-16, 2004, AS "COVER THE UNINSURED WEEK" IN THIS STATE.

Whereas, five hundred thousand South Carolinians do not have health care coverage; and

Whereas, eight out of ten of the uninsured are in working families that cannot afford health insurance and are not eligible for public programs; and

Whereas, uninsured South Carolinians live with more illnesses and die younger because they are forced to go without the health care they need; and

Whereas, a slow economy, higher unemployment, and rising health care costs mean that more South Carolinians are becoming uninsured in our State; and

Be it resolved by the House of Representatives:

That the members of the House of Representatives recognize the urgency of finding solutions to the problem of the lack of health insurance by many South Carolinians and declare the week of May 10-16, 2004, as "Cover the Uninsured Week" in this State.

The Resolution was adopted.

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

H. 5212 (Word version) -- Rep. Witherspoon: A HOUSE RESOLUTION TO REQUEST THAT AUGUST 14, 2004, BE DESIGNATED NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND TO MAKE CITIZENS, POLICYMAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS OF MARINAS TO THEIR WELL-BEING.

Whereas, the citizens of South Carolina place a high value on our recreation time and our ability to access one of America's greatest nature resources, its waterways; and

Whereas, in 1928, the word "marina" was used for the very first time by the National Association of Engine and Boat Manufacturers to define a recreational boating facility; and

Whereas, South Carolina is home to hundreds of recreational boating facilities that contribute substantially to their communities by providing a safe, reliable gateway to boating for members of the community and welcomed guests; and

Whereas, South Carolina's marinas also provide their communities and visitors to the great State of South Carolina, a place where family and friends united by a passion for the water, can come together for recreation, rest, and relaxation; and

Whereas, South Carolina's marinas will continue to provide an environment-friendly gateway to boating for the citizens and visitors to the Palmetto State for many years to come. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, request that August 14, 2004, be designated National Marina Day in order to honor South Carolina's marinas for their contributions to the community and to make citizens, policymakers, and employees more aware of the overall contributions of marinas to their well-being.

The Resolution was adopted.

The following was introduced:

H. 5213 (Word version) -- Rep. Freeman: A HOUSE RESOLUTION TO RECOGNIZE AND EXTOL MILES THOMPSON OF CHERAW FOR HIS BRILLIANT MIND AND FOR SCORING A PERFECT 1600 ON THE SAT ON OCTOBER 23, 2003, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 5214 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates and J. H. Neal: A HOUSE RESOLUTION TO EXPRESS THE SYMPATHY OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF THE LATE JIMMIE MCDUFFIE OF SUMTER.

The Resolution was adopted.

The following was introduced:

H. 5215 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GADDY'S MILL ROAD IN THE CITY OF DILLON FROM ITS INTERSECTION WITH KENTYRE ROAD TO ITS INTERSECTION WITH PLEASANT HILL ROAD THE "LIDE T. MOODY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "LIDE T. MOODY HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 5216 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTIONS 31-21-40 AND 31-21-60 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO UNLAWFUL DISCRIMINATORY ACTS IN CONNECTION WITH THE SALE OR RENTAL OF PROPERTY, SO AS TO MAKE IT AN UNLAWFUL ACT TO USE, IN BAD FAITH, INCOME AS A DETERMINATIVE FACTOR IN REFUSING OR DENYING THE SALE OR RENTAL IF THE EFFECT OF THAT BAD FAITH CONSIDERATION IS AN OTHERWISE

H. 5217 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-1005 SO AS TO PROVIDE THAT A PARDONED OFFENSE MAY BE REVIEWED BY A COURT DURING THE SENTENCING PHASE OF A TRIAL WHEN A DEFENDANT WHO WAS PARDONED FOR A VIOLENT CRIME AS CONTAINED IN SECTION 16-1-60 IS SUBSEQUENTLY CONVICTED OF ANOTHER VIOLENT CRIME AS CONTAINED IN SECTION 16-1-60; AND TO AMEND SECTION 24-21-221, AS AMENDED, RELATING TO NOTICE OF BOARD HEARINGS THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST GIVE TO CERTAIN PERSONS REGARDING PAROLE CONSIDERATIONS, SO AS TO PROVIDE THAT THIS NOTICE MUST ALSO BE GIVEN TO THESE PERSONS BEFORE THE BOARD CONSIDERS GRANTING A PARDON.
Referred to Committee on Judiciary

The following was taken up for immediate consideration:

H. 5218 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT PROGRAM OF SOUTH CAROLINA TO USE THE AVAILABLE COMMITTEE ROOMS LOCATED IN THE BLATT BUILDING AND THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THURSDAY, DECEMBER 2, 2004, AND FRIDAY, DECEMBER 3, 2004.

Be it resolved by the House of Representatives:

That the YMCA Youth in Government Program of South Carolina is authorized to use the available committee rooms located in the Blatt Building and the Chamber of the South Carolina House of Representatives on Thursday, December 2,

Be it further resolved that the use of the available committee rooms in the Blatt Building and the Chamber of the South Carolina House of Representatives by the YMCA Youth in Government Program of South Carolina must be in strict accordance with the policies and rules of the South Carolina House of Representatives.

The Resolution was adopted.

The following was taken up for immediate consideration:

H. 5219 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHAPIN HIGH SCHOOL SAT TEAM, COACHES, AND SCHOOL OFFICIALS ON THURSDAY, MAY 13, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON CAPTURING THE 2004 STATE CHAMPIONSHIP IN THE SIXTH ANNUAL SAT COMPETITION SPONSORED BY THE STATE DEPARTMENT OF EDUCATION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Chapin High School SAT Team, Coaches, and School Officials on Thursday, May 13, 2004, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on capturing the Class AA State Championship in the Sixth Annual SAT Competition sponsored by the State Department of Education.

The Resolution was adopted.

The following was taken up for immediate consideration:

H. 5220 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE CHAPIN HIGH SCHOOL SCHOLASTIC APTITUDE TEST (SAT) TEAM, COACHES, AND SCHOOL OFFICIALS ON CAPTURING THE CLASS AA 2004 STATE CHAMPIONSHIP IN THE SIXTH ANNUAL SAT COMPETITION SPONSORED BY THE STATE DEPARTMENT OF EDUCATION.

The Resolution was adopted.

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

At 12:00 noon the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R296, S. 769 (Word version)) -- Senators Cromer, Reese and Knotts: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXTEND THE HOMESTEAD EXEMPTION ALLOWED A VETERAN PERMANENTLY AND TOTALLY DISABLED FROM A SERVICE-CONNECTED DISABILITY AND THAT VETERAN'S SPOUSE AND TO THE SURVIVING SPOUSE OF A SERVICEMAN OR LAW ENFORCEMENT OFFICER KILLED IN ACTION IN THE LINE OF DUTY, TO A FIREFIGHTER OR LAW ENFORCEMENT OFFICER PERMANENTLY AND TOTALLY DISABLED FROM A SERVICE-CONNECTED DISABILITY AND TO THAT LAW ENFORCEMENT OFFICER'S OR FIREFIGHTER'S SURVIVING SPOUSE, TO EXTEND THE EXEMPTION TO THE SURVIVING SPOUSE OF A LAW ENFORCEMENT OFFICER OR FIREFIGHTER WHO DIED IN THE LINE OF

(R297, S. 799 (Word version)) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER IS NAMED THE "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY" AND TO FURTHER PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO PLACE APPROPRIATE SIGNS ON FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER THAT READ: "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY".

(R298, S. 898 (Word version)) -- Senators J. V. Smith, Fair, Knotts, Thomas, Martin, Land, Moore and Alexander: AN ACT TO AMEND CHAPTER 33, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF THE NURSING PROFESSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION INCLUDING, BUT NOT LIMITED TO, INCREASING THE BOARD MEMBERSHIP FROM NINE TO TEN BY ADDING A LAY PERSON, TO CODIFY AND FURTHER SPECIFY THE REQUIREMENTS FOR LICENSURE AND SCOPE OF PRACTICE FOR A NURSE PRACTITIONER, CERTIFIED NURSE-MIDWIFE, CLINICAL NURSE SPECIALIST, AND CERTIFIED REGISTERED NURSE ANESTHETIST, TO FURTHER SPECIFY LICENSURE AND EXAMINATION PROCEDURES, TO PROVIDE PROCEDURES AND REQUIREMENTS FOR EXPANDED PRACTICE IN NURSING, AND TO FURTHER

(R299, S. 973 (Word version)) -- Senators Waldrep and O'Dell: AN ACT TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.

(R300, S. 1075 (Word version)) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: AN ACT TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES; TO AMEND SECTIONS 55-11-500, AS AMENDED, 55-11-510, AND 55-11-520, ALL RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO PROVIDE FOR A DOLLAR-FOR-DOLLAR MATCH FOR LOCAL FUNDS EXPENDED BY A SPECIAL PURPOSE DISTRICT OR OTHER POLITICAL SUBDIVISION OF THE STATE IN THE DEVELOPMENT OF SUCH A FACILITY; TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO

(R301, S. 1136 (Word version)) -- Senators Leventis and Land: AN ACT TO AMEND ACT 741 OF 1990, AS AMENDED, AND ACT 620 OF 1992, AS AMENDED, BOTH RELATING TO ELECTION OF THE SUMTER COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO CHANGE THE FILING DATES FOR THE CANDIDATES TO FILE BY AUGUST FIFTEENTH TO CONFORM TO STATE LAW AND CHANGE REFERENCES FROM THE COUNTY ELECTION COMMISSION TO THE REGISTRATION AND ELECTIONS COMMISSION.

(R302, S. 1143 (Word version)) -- Senators Malloy, Land and Leventis: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEE COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R303, S. 1150 (Word version)) -- Senators Setzler, Knotts and Cromer: AN ACT TO ESTABLISH THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT, TO PROVIDE FOR THE MEMBERSHIP OF THE GOVERNING BOARD, AND TO PROVIDE FOR THE ELECTION OF THE CHAIR AND VICE CHAIR.

(R304, S. 1173 (Word version)) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL MORGAN ONE HUNDRED FIFTY-FOUR FEET TO THE CENTER OF MORGAN SQUARE.

(R305, H. 3460 (Word version)) -- Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes: AN ACT TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.

(R306, H. 3473 (Word version)) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J.E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: AN ACT TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WILFULLY AND KNOWINGLY STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.

(R307, H. 3594 (Word version)) -- Reps. Jennings, Harrison, F.N. Smith, Lucas, G.M. Smith, Hagood, Lourie, McLeod, Bingham, Owens, Scott, Whipper, Delleney and Toole: AN ACT TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2004, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY OR ANY OFFENSE PUNISHABLE BY IMPRISONMENT FOR FIVE YEARS OR MORE MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE

(R308, H. 4115 (Word version)) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: AN ACT TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTH CARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.

(R309, H. 4130 (Word version)) -- Reps. Cato, Tripp, G.R. Smith, Anthony and Jennings: AN ACT TO AMEND THE CODE OF LAWS OF

(R310, H. 4262 (Word version)) -- Reps. Neilson, Barfield, Bales, Cobb-Hunter, Clyburn, Martin, J. Hines, Rutherford, J. Brown, Hosey, Hayes, J.E. Smith, Altman, Anthony, Bailey, Battle, Branham, Emory, Freeman, Harvin, M. Hines, Keegan, Kennedy, Koon, Leach, Rhoad, Richardson, Rivers, Scarborough, Simrill, J.R. Smith, Snow, Thompson, Young, Walker, Clemmons, Lourie, Sandifer, Owens, Clark, Weeks, McLeod, Whipper, Allen and Jennings: AN ACT TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE

(R311, H. 4698 (Word version)) -- Reps. Witherspoon, Rhoad, Bailey, Barfield, Battle, Coates, Davenport, Duncan, Edge, Hayes, J. Hines, Keegan, Leach, Limehouse, McCraw and M.A. Pitts: AN ACT TO AMEND SECTION 48-23-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL SUMMONS FOR MAKING ARRESTS BY FOREST LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE VIOLATIONS FOR WHICH THIS SUMMONS MAY BE USED; AND TO AMEND SECTION 48-23-96, RELATING TO THE APPOINTMENT AND TRAINING OF FOREST LAW ENFORCEMENT OFFICERS, SO AS TO FURTHER PROVIDE FOR THEIR APPOINTMENT AND LAW ENFORCEMENT RESPONSIBILITIES.

(R312, H. 4753 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R313, H. 4793 (Word version)) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS

(R314, H. 4818 (Word version)) -- Reps. Cato, J.H. Neal, Moody-Lawrence, Lloyd, R. Brown, Emory, Mack, Cobb-Hunter, Govan, Chellis, Whipper, Trotter, Cooper, White, Barfield, Harrison, Sandifer, Thompson, McGee, Merrill, W.D. Smith and Huggins: AN ACT TO AMEND SECTION 37-2-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CREDIT SALE, SO AS TO PROVIDE THAT A DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; TO AMEND SECTION 37-3-202, RELATING TO ADDITIONAL CHARGES PERMITTED IN CONNECTION WITH A CONSUMER LOAN, SO AS TO INCLUDE OPEN-END CREDIT PURSUANT TO A LENDER CREDIT CARD OR SIMILAR ARRANGEMENT IN CONFORMANCE WITH OTHER PROVISIONS AND TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN, SO AS TO PROVIDE THAT THE DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; AND TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES TO A CONSUMER LOAN, SO AS TO INCLUDE A CONSPICUOUS NOTICE IN CONFORMITY WITH OTHER LAW AND TO MAKE A TECHNICAL CORRECTION.

(R315, H. 5056 (Word version)) -- Reps. Stille, M.A. Pitts and Townsend: AN ACT TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES OF THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO DELETE ARCHAIC REFERENCES THAT SPECIFY FROM WHICH VOTING PRECINCTS IN ABBEVILLE COUNTY MEMBERS OF THE BOARD SHALL RESIDE.

(R316, H. 5130 (Word version)) -- Reps. E.H. Pitts, Huggins and McLeod: AN ACT TO PROVIDE THAT FOR THE LEXINGTON COUNTY RESIDENT MEMBER OF THE BOARD OF TRUSTEES OF LEXINGTON-RICHLAND SCHOOL DISTRICT FIVE WHO TAKES OFFICE AFTER RECEIVING THE THIRD HIGHEST NUMBER OF VOTES IN THE GENERAL ELECTION OF 2004, FROM THOSE MEMBERS ELECTED FROM LEXINGTON COUNTY, THE TERM OF OFFICE IS FOR TWO YEARS AND UNTIL HIS SUCCESSOR ELECTED IN THE GENERAL ELECTION OF 2006 TAKES OFFICE.

At 12:15 p.m. the House, in accordance with the motion of Rep. FREEMAN, adjourned in memory of Edgar Bruce Rogers of Chesterfield, to meet at 10:00 a.m. tomorrow.

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