Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 54:4: "Surely God is my help; The Lord is the one who sustains me."
Let us pray. Lord of life, You are with us in the routine of daily work. Penetrate our anxieties and preoccupations to successfully accomplish the work at hand. Continue to encourage these Members and staff to care for those in whom they serve. Bless them with Your spirit to lead, guide and direct them as the week progresses. Look in favor upon our Nation, President, State and leaders. Bless and keep our defenders of freedom in Your care. In Your Holy name. Amen.

After corrections to the Journal of the proceedings of Thursday, the SPEAKER ordered it confirmed.

Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Robert Hoefer of Columbia, which was agreed to.

The following was received:

In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:

Cash on Hand                           $ 10.00

Total number of Manuals sold from

February 17, 2004, to March 24, 2005,

2,002 @ $5.00 per copy                   10,010.00

TOTAL               $10,020.00

Accounting:

Cash on Hand                       $ 10.00

Cash Deposited in State's

General Fund                       10,010.00

TOTAL         $10,020.00

Charles F. Reid
Clerk of the House

March 24, 2005

The following was received:

Columbia, S.C., March 22, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Richardson, Ritchie and Lourie of the Committee of Conference on the part of the Senate on H. 3373:

H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., March 22, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 3:

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., March 23, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 16, S. 386 by a vote of 46 to 0:

(R16) S. 386 (Word version) -- Senator McGill: AN ACT TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ALLOWANCE FOR EACH MEAL THAT EACH MEMBER AND EMPLOYEE OF THE BOARD OF TRUSTEES SHALL RECEIVE FOR IN-STATE OR OUT-OF-STATE OVERNIGHT TRAVEL.

Very respectfully,
President
Received as information.

The following was received:

March 21, 2005
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

STATEWIDE APPOINTMENT

State Ethics Commission
Term Commencing: May 31, 2005
Term Expiring: May 31, 2009
Seat: 2nd Congressional District
Vice: L. Earle Brown (resigned)

Initial Appointment:
Mr. Edward E. Duryea
Post Office Box 5292
Parris Island, South Carolina 29905
843-228-2973

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

The SPEAKER ordered the following veto printed in the Journal:

March 22, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, SC 29211

TO PROVIDE THAT SCHOOL DAY MISSED ON SEPTEMBER 27, 2004, BY THE STUDENTS OF SCHOOLS IN HAMPTON SCHOOL DISTRICT ONE IN HAMPTON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT THE FULL SCHOOL DAY MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

This veto is based on the intention upon which Act 89 of 2003 was signed by me on July 23, 2003. When I signed this legislation, it was my aim to give school districts a series of options to make up missed school days. My opposition to legislation like H. 3396 is that it is unnecessary given the enactment of Act 89.

Section 1 of Act 89 (Section 59-1-430(A) of the South Carolina Code of Laws) states that, "[a]ll school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of...[snow, extreme weather conditions, or other disruptions requiring schools to close]."

As a result of this requirement, Hampton School District One designated November 24, February 21, and April 1 as make-up days. All of the make-up days were scheduled after the missed school day of September 27, 2004. However, District One, unlike many other school districts throughout South Carolina, has opted to appeal to the General Assembly for relief under Section 59-1-430(B) which allows the General Assembly to excuse all missed school days.

As a policy, we should require school districts to exhaust their make-up days prior to providing legislative relief under Section 59-1-430(B), except in extremely unusual circumstances. Currently, many school districts have either proceeded with using their scheduled make-up days or intend to do so. I believe Act 89 should be applied uniformly to all school districts such that school districts should not obtain legislative relief before making up its missed days.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following veto printed in the Journal:

March 22, 2005
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3430 (Word version), R. 30. This veto is based upon my belief that H. 3430, R. 30 is unconstitutional.

This bill allows each member of the Chesterfield County Transportation Committee to be paid from Chesterfield County "C" Fund revenues seventy-five dollars for each meeting the member is in attendance, provides limitations on the number of meetings per year for which members may be reimbursed, and provides that the Chairman of the Chesterfield County Legislative Delegation shall be an ex officio member of the transportation committee.

The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly has established a general statute that prohibits county transportation committees from using "C" funds to pay per diems as administrative expenses. See S.C. Code Section 12-28-2740(B), as amended. It is unconstitutional for the General Assembly to pass special legislation, like H. 3430, R. 30, in contravention of general law. Each county's transportation committee should be subject to the same general law either allowing or disallowing per diems. Legislation like H. 3430, R. 30 demonstrates the policy basis for Article III, Section 34's directive that special

Additionally, H. 3430, R. 30 affects only Chesterfield County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted."

In summary, I believe the specific nature of H. 3430, R. 30 renders this Act unconstitutional. For this reason, I am returning H. 3430, R. 30 to you without my signature.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following veto printed in the Journal:

March 23, 2005

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 386 (Word version), R. 16, an Act:

TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ALLOWANCE FOR EACH MEAL THAT EACH MEMBER AND EMPLOYEE OF THE BOARD OF TRUSTEES SHALL RECEIVE FOR IN-STATE OR OUT-OF-STATE OVERNIGHT TRAVEL.

I am vetoing this bill because it allows the Williamsburg County School Board members to use local education funds to pay for additional personal compensation to board members. I believe those

According to current law, Williamsburg County School Board members are already allowed to give themselves a per diem of up to $100 per meeting. The Chairman may receive a per diem of up to $150 per meeting. In 34 school districts in our state, school board members receive no compensation whatsoever for their service. In those school districts that do compensate their board members on a per-meeting basis, the median compensation per meeting is $75 dollars. Therefore, not only are Williamsburg County School Board members already compensated for their service, they are compensated at a higher amount than their fellow school board members around the State.

Senate Bill 386, R. 16 would add to the compensation already provided to board members by giving them daily meal reimbursements of $34 for in-state and out-of-state travel. In the FY 2005-2006 budget bill recently passed by the House of Representatives, the daily in-state meal reimbursement for state employees is set at $25 dollars and for out-of-state travel at $32 dollars. Again, the Williamsburg County School Board members are compensated at a higher amount than state employees for meal reimbursement by this bill.

Considering that many school board members receive no compensation for their service, I believe the local funds allocated in this bill to increase compensation to these school board members is more appropriately directed to where it is most needed - Williamsburg County classrooms.

Sincerely,
Mark Sanford
Governor

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

March 16, 2005
The Honorable David H. Wilkins
Speaker, House of Representatives

Dear Mr. Speaker:

The dedication/groundbreaking for the South Carolina Law Enforcement Officers Memorial Monument is scheduled for April 6, 2005, at 1:30 p.m. on the State House grounds.
Sincerely,
Shirley R. Hinson

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

H. 3797 (Word version) -- Reps. Chalk and Ceips: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HILTON HEAD PREPARATORY SCHOOL "LADY DOLPHINS" BASKETBALL TEAM, COACH ROBERT SULEK, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR VICTORY IN THE FINALS OF THE 2005 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AAA STATE TOURNAMENT.

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 Hilton Head Preparatory School "Lady Dolphins" basketball team of Beaufort County, Head Coach Robert Sulek, and other school officials, at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring the team for their South Carolina Independent School Athletic Association Class AAA State Championship victory.

The Resolution was adopted.

The following was taken up for immediate consideration:

H. 3798 (Word version) -- Reps. Chalk and Ceips: A CONCURRENT RESOLUTION TO CONGRATULATE THE HILTON HEAD PREPARATORY SCHOOL "LADY DOLPHINS" BASKETBALL TEAM OF BEAUFORT COUNTY ON THE SOUTH CAROLINA STATE INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AAA CHAMPIONSHIP, AND HONOR THE PLAYERS AND COACH ROBERT SULEK.

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

The Senate sent to the House the following:

S. 648 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE, HONOR, AND COMMEND ATLANTA FALCON'S FULLBACK JUSTIN GRIFFITH FOR HIS GRACIOUS COMMITMENT AND COMMUNITY CONCERN FOCUSING AND TOUCHING THE LIVES OF YOUNG PEOPLE WHILE SERVING AS A POSITIVE ROLE MODEL, AND EXTEND BEST WISHES FOR SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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

The Senate sent to the House the following:

S. 653 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GERVAIS STREET FROM ITS INTERSECTION WITH HARDEN STREET TO

The Senate sent to the House the following:

S. 663 (Word version) -- Senators McConnell and Campsen: A CONCURRENT RESOLUTION HONORING DR. CHARLES P. DARBY, JR., FOR HIS LIFETIME OF DEDICATION AND SERVICE TO IMPROVING CHILDREN'S HEALTHCARE IN SOUTH CAROLINA, RECOGNIZING HIS LEADERSHIP IN CREATING THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CHILDREN'S HOSPITAL, CONGRATULATING HIM ON THE NEW CHARLES P. DARBY CHILDREN'S RESEARCH INSTITUTE THAT BEARS HIS NAME, AND WISHING HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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

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

H. 3799 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM AND PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS.
Referred to Committee on Ways and Means

H. 3800 (Word version) -- Rep. Tripp: A BILL TO AMEND CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1375 SO AS TO PROVIDE THAT IT IS

H. 3801 (Word version) -- Rep. Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 41 SO AS TO ENACT THE "WORKER'S RIGHT TO KNOW ACT", TO PROVIDE MEMBERS OF LABOR ORGANIZATIONS EMPLOYED BY PUBLIC AGENCIES WITH INFORMATION CONCERNING MEMBERSHIP IN LABOR ORGANIZATIONS THROUGH COMPREHENSIVE DISCLOSURE OF LABOR ORGANIZATION FINANCES AND TO PROVIDE FOR THE PROTECTION OF A WORKER'S FREEDOM OF SPEECH, ASSEMBLY, AND OTHER RIGHTS.
Referred to Committee on Labor, Commerce and Industry

H. 3802 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-70 SO AS TO PERMIT THE COURT TO ALLOW A PERSON CHARGED WITH A VIOLENT OFFENSE TO PARTICIPATE IN HIS TRIAL THROUGH THE USE OF TWO-WAY CLOSED CIRCUIT TELEVISION UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE A PROCEDURE FOR THE USE OF THE TWO-WAY CLOSED CIRCUIT TELEVISION.
Referred to Committee on Judiciary

H. 3803 (Word version) -- Reps. Edge and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-V CONTROLLED SUBSTANCES AND TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH DISPENSERS ARE TO PROVIDE SUCH INFORMATION, TO PROVIDE FOR THE USE AND

H. 3804 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-136 SO AS TO REQUIRE A CURRENTLY LICENSED BEER AND WINE WHOLESALER OR AN ALCOHOLIC LIQUOR WHOLESALER TO NOTIFY THE DEPARTMENT OF REVENUE IN WRITING WHEN RELOCATING THE BUSINESS TO A NEW LOCATION, TO PRESCRIBE THE DETAILS THAT MUST BE INCLUDED IN THE WRITTEN NOTICE, AND TO DIRECT THE DEPARTMENT OF REVENUE TO TRANSFER THE PERMIT TO THE NEW PREMISES; TO AMEND SECTION 61-2-100, AS AMENDED, RELATING TO LICENSEES AND PERMITTEES UNDER TITLE 61, BY REQUIRING THAT A WHOLESALE LICENSEE OR PERMITTEE BE A LEGAL RESIDENT OF THE UNITED STATES AND LIVING IN THIS STATE FOR THIRTY DAYS AND BY, FURTHER, ALLOWING DENIAL OR REVOCATION OF A LICENSE OR PERMIT RESULTING FROM A MISSTATEMENT OR CONCEALMENT; TO AMEND SECTION 61-2-160, RELATING TO THE PROHIBITION ON ISSUING, RENEWING, OR TRANSFERRING AN ALCOHOL LICENSE OR PERMIT UNTIL IT IS DETERMINED THAT THE APPLICANT DOES NOT OWE THE STATE OR FEDERAL GOVERNMENT DELINQUENT TAXES, SO AS TO DELETE THE REFERENCE TO TAXES OWED TO THE FEDERAL GOVERNMENT SO THAT THE PROHIBITION APPLIES ONLY TO THOSE WHO OWE DELINQUENT STATE TAXES; TO AMEND SECTION 61-4-10, RELATING TO DEFINITION OF NONALCOHOLIC BEVERAGES, SO AS TO RAISE THE MAXIMUM PERCENTAGE FROM FIVE TO FOURTEEN PERCENT; TO AMEND SECTION 61-4-520, RELATING TO CONDITIONS FOR APPLICATIONS, SO AS TO RELATE IT TO RETAIL PERMITS ONLY; TO AMEND SECTION 61-4-525, RELATING TO PROTEST OF DENIAL OF PERMIT, SO AS TO REFER TO A RETAIL BEER AND WINE PERMIT; TO AMEND SECTION 61-6-4310, RELATING TO SALE OF SEIZED ALCOHOLIC LIQUORS, SO AS TO PROVIDE FOR SALE SEIZED ITEMS BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; TO AMEND SECTION 61-6-1540, RELATING TO NONALCOHOLIC MERCHANDISE, SO AS TO PROVIDE THAT

H. 3805 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2890 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE AND VEHICLE REGISTRATION OF A PERSON WHO FAILS TO FILE AND PAY A MOTOR CARRIER PROPERTY TAX ON A VEHICLE AND TO PROVIDE THAT SUSPENSION PURSUANT TO THIS PROVISION DOES NOT SUBJECT THE PERSON TO CUSTODIAL ARREST OR THE REQUIREMENT OF PROOF OF FINANCIAL RESPONSIBILITY.
Referred to Committee on Judiciary

H. 3806 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-28-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USER FEES ON MOTOR FUELS, SO AS TO SUBSTITUTE THE WORD "TAX" FOR "USER FEE" AND THE PHRASE "TAXABLE MOTOR FUEL" FOR "MOTOR FUEL SUBJECT TO THE USER FEE" AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 12-28-330, AS AMENDED, RELATING TO PRESUMPTION OF USE OF MOTOR FUELS IN THIS STATE, SO AS TO FURTHER PROVIDE FOR THE REBUTTABLE PRESUMPTION.
Referred to Committee on Ways and Means

H. 3807 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-270 SO AS TO PROVIDE THAT AN UNDELIVERABLE TAX REFUND CHECK IS UNCLAIMED PROPERTY PURSUANT TO THE UNIFORM UNCLAIMED PROPERTY ACT; TO AMEND SECTION

S. 259 (Word version) -- Senators Fair, Martin, Bryant, Malloy, Cromer, Campsen, Knotts and Anderson: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION, AND TO PROVIDE THAT THESE CREDITS MAY BE FORFEITED IF AN INMATE HAS SUBMITTED REPETITIVE CLAIMS PERTAINING TO HIS INCARCERATION OR APPREHENSION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE

S. 293 (Word version) -- Senators Hayes and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER EMPLOYED BY A NEIGHBORING STATE TO ENTER SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON WHO IS IN FLIGHT FROM THE COMMISSION OF A CRIMINAL OFFENSE IN THE NEIGHBORING STATE AND TO ARREST THE PERSON, TO PROVIDE FOR A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE ARRESTED PERSON, AND TO PROVIDE THAT THIS SECTION APPLIES ONLY TO LAW ENFORCEMENT OFFICERS EMPLOYED BY A NEIGHBORING STATE WHEN HIS STATE HAS ENACTED A PROVISION SIMILAR TO THIS SECTION RELATING TO THE ARREST AND CUSTODY OF A PERSON PURSUED INTO A NEIGHBORING STATE.
Referred to Committee on Judiciary

S. 403 (Word version) -- Senators Sheheen and Malloy: A BILL TO AMEND SECTION 59-150-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF A LOTTERY TICKET OR SHARE TO A MINOR, SO AS TO ALLOW THE COURT THE DISCRETION TO REDUCE THE FINE OR GIVE A WARNING UPON CONVICTION FOR A FIRST OFFENSE OF VIOLATING THE PROVISIONS.
Referred to Committee on Judiciary

S. 422 (Word version) -- Senators McConnell, Hayes and Campsen: A BILL TO AMEND ARTICLE 7, TITLE 62 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUST ADMINISTRATION, SO AS TO ENACT THE UNIFORM TRUST CODE BY PROVIDING A COMPREHENSIVE CODIFICATION OR RECODIFICATION OF MUCH OF EXISTING TRUST LAW AND SUPPLEMENTING EXISTING COMMON LAW UNLESS THE CODE SPECIFICALLY CONTRADICTS IT, AND PROVIDING, AMONG OTHER THINGS, FOR GENERAL PROVISIONS AND

S. 491 (Word version) -- Senators McConnell, Martin and Ford: A BILL TO AMEND SECTION 42-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO TIE THE MAXIMUM SALARY PAID TO THE ADMINISTRATIVE DIRECTOR TO THE SALARY PAID TO COMMISSIONERS INSTEAD OF CIRCUIT JUDGES.
Referred to Committee on Judiciary

S. 535 (Word version) -- Senators Hutto, Moore, Ryberg, Richardson and Pinckney: A BILL TO AMEND SECTION 50-13-237, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HARVEST OF STRIPED BASS AND STRIPED BASS HYBRIDS IN PORTIONS OF THE SAVANNAH RIVER, SO AS TO MAKE IT UNLAWFUL TO POSSESS MORE THAN TWO STRIPED BASS, STRIPED BASS HYBRIDS, WHITE BASS, OR ANY COMBINATION OF THESE SPECIES IN CERTAIN PORTIONS OF THE SAVANNAH RIVER AND TO PROVIDE THAT ANY LAWFUL POSSESSED FISH OF EACH OF THESE SPECIES MUST BE A MINIMUM OF TWENTY-SEVEN INCHES IN TOTAL LENGTH; AND TO REPEAL SECTION 50-13-120 RELATING TO NO SIZE LIMITS ON CERTAIN FRESH WATER FISH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

The following was introduced:

H. 3808 (Word version) -- Reps. Ballentine, Bales, Brady, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Rutherford, Scott, J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE RICHLAND COUNTY SHERIFF LEON LOTT ON BEING NAMED "SHERIFF OF THE YEAR" FOR 2004 BY THE SOUTH CAROLINA SHERIFFS' ASSOCIATION AND TO WISH HIM CONTINUED SUCCESS IN THE FUTURE.

The Resolution was adopted.

The following was introduced:

H. 3809 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF LOVING MOTHER, EDUCATOR, AND COMMUNITY LEADER, MARY LILLIES WILLIAMS RILEY GRANT OF BISHOPVILLE ON FEBRUARY 2, 2005, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

The following was introduced:

H. 3810 (Word version) -- Reps. White, Martin, Agnew, Cooper, Thompson and Townsend: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME AND BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM THE WESTERN ISLES OF SCOTLAND AS THEY VISIT THEIR SISTER CITY, THE TOWN OF PENDLETON.

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

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Barfield
Battle                 Bingham                Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney

Duncan                 Edge                   Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  J. Hines
M. Hines               Hinson                 Hiott
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            Rhoad
Rice                   Sandifer               Scarborough
Scott                  Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Vick
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

I came in after the roll call and was present for the Session on Tuesday, March 29.

Doug Smith                        Harry Ott
Brenda Lee                        Marty Coates
Fletcher Smith                    William Bowers
Olin Phillips                     Thayer Rivers
Gilda Cobb-Hunter
Ken Kennedy   Jackson "Seth" Whipper

The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.

The SPEAKER granted Rep. HERBKERSMAN a leave of absence for the week due to business reasons.

The SPEAKER granted Rep. M. A. PITTS a leave of absence for the week due to illness.

Announcement was made that Dr. William H. Richardson of Columbia is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3411 (Word version)
Date:   ADD:
03/29/05   CLEMMONS

Bill Number:   H. 3285 (Word version)
Date:   ADD:
03/29/05   CLEMMONS

The following Bill was taken up:

H. 3728 (Word version) -- Reps. Mahaffey, Sinclair, Davenport and Lee: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT SHALL RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.

Rep. MAHAFFEY moved to table the Bill, which was agreed to.

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

H. 3789 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO ELECTION OF LAURENS COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO SET THE ELECTIONS AT THE TIME OF THE GENERAL ELECTION AND TO PROVIDE THAT THE TERMS OF TRUSTEES WHOSE TERMS EXPIRE PRIOR TO THE ELECTION OF NEW TRUSTEES ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND TAKE OFFICE.

H. 3790 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A BILL TO AMEND ACT 778 OF 1988, AS AMENDED, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, SO AS TO INCREASE THE COMMISSION FROM NINE TO ELEVEN MEMBERS AND STAGGER TERMS OF THE NEW MEMBERS.

H. 3782 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

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

H. 3234 (Word version) -- Reps. Harrell, Wilkins, Harvin, Walker, J. E. Smith, Altman, Tripp, Bowers and Bailey: A BILL TO AMEND ARTICLE 7, CHAPTER 11 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO INCLUDE A FACILITY THAT OPERATES TWO OR MORE SPECIAL, STATE-TAXED PLANES FOR THE TRANSPORT OF SPECIAL CARGO, TO INCLUDE AN ECONOMIC DEVELOPMENT PROJECT THAT IS FUNCTIONALLY RELATED TO AIR CARRIER HUB TERMINAL FACILITIES SATISFYING THE CRITERIA, TO PROVIDE THAT THE SECRETARY OF THE DEPARTMENT OF COMMERCE MAY DETERMINE CONCLUSIVELY THAT AN AIRPORT TERMINAL FACILITY QUALIFIES AS AN AIR CARRIER HUB TERMINAL FACILITY, TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ECONOMIC DEVELOPMENT BOND ACT, SO AS TO INCLUDE AS INFRASTRUCTURE BUILDINGS ON ALL QUALIFYING AIR CARRIER HUB TERMINAL FACILITIES.

Rep. HARRELL explained the Senate Amendments.

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

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

H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J. E. Smith: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY.

Rep. HARRELL made the Point of Order that the Senate Amendments were improperly before the House for consideration since

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

S. 83 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, O'Dell, Elliott, Alexander, Gregory, Leatherman, Richardson and Bryant: A BILL TO ENACT THE "TORT REFORM ACT OF 2005 RELATING TO MEDICAL MALPRACTICE" BY AMENDING TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING ARTICLE 3, CHAPTER 32, SO AS TO ESTABLISH PROCEDURES GOVERNING THE AWARD OF NONECONOMIC DAMAGES; TO AMEND CHAPTER 35, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-35-400, SO AS TO PROVIDE FOR OFFERS OF JUDGMENT AFTER COMMENCEMENT OF ANY CIVIL ACTION BASED ON CONTRACT OR SEEKING THE RECOVERY OF MONEY DAMAGES; TO AMEND CHAPTER 36, TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-36-100, SO AS TO ESTABLISH STANDARDS FOR EXPERT WITNESSES IN PROFESSIONAL MALPRACTICE ACTIONS; TO AMEND TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 79, SO AS TO PROVIDE FOR MANDATORY MEDIATION AND TO PERMIT BINDING ARBITRATION IN MEDICAL MALPRACTICE ACTIONS; TO AMEND ARTICLE 1, CHAPTER 79, TITLE 38, RELATING TO THE JOINT UNDERWRITING ASSOCIATION AND BOARD OF GOVERNORS FOR THE PATIENTS' COMPENSATION FUND, BY ADDING SECTION 38-79-40, SO AS TO PROHIBIT A PERSON SERVING IN THESE AGENCIES FROM BEING EMPLOYED OR COMPENSATED BY EITHER OF THESE AGENCIES; TO AMEND SECTION 38-79-460, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT THE FUND SHALL BE MANAGED BY THE BOARD OF GOVERNORS RATHER THAN THE STATE TREASURER; TO AMEND SECTION 38-79-470, RELATING TO THE PATIENTS'

Rep. HARRISON explained the Senate Amendments.

Rep. J. E. SMITH spoke in favor of the Senate Amendments.

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

Rep. SINCLAIR moved that the House do now adjourn, which was agreed to.

The Senate returned to the House with concurrence the following:

H. 3783 (Word version) -- Reps. Phillips and Wilkins: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 27, 2005, IMMEDIATELY BEFORE THE FOLK HERITAGE AWARDS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2005, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

H. 3785 (Word version) -- Reps. Haley, E. H. Pitts, Huggins, Clark, Frye, Toole, Bingham and Ballentine: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF

At 12:40 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Robert Hoefer of Columbia, to meet at 10:00 a.m. tomorrow.

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