South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives

Printed Page 1932 . . . . . Tuesday, April 5, 2005

Tuesday, April 5, 2005
(Statewide Session)

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 Proverbs 1:7: "The fear of the Lord is the beginning of knowledge, but fools despise wisdom and discipline."
Let us pray. Reconciling God, we praise You for Your creation work. You bless us with seasons, seedtime and sunshine. Share with us Your insight to better understand how we are to serve the people of this State. Fill us with determination and perseverance to accomplish Your will. Grant humility and courage to these Representatives and staff. Look in favor upon our Nation, President, State and leaders. Bless and keep our defenders of freedom in Your safe care. In Your Holy name. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HERBKERSMAN moved that when the House adjourns, it adjourn in memory of Dr. Michael Coffey of Hilton Head, which was agreed to.

INVITATIONS

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

April 5, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Printed Page 1933 . . . . . Tuesday, April 5, 2005
Dear Chairman Leach:

On behalf of the Palmetto Family Council, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, April 28, 2005, from 8:00 a.m. until 10:00 a.m. at the Clarion Town House Hotel.
Sincerely,
Heather R. Hackett
Vice President

March 24, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of Triad Hospitals, Inc., QHR, Inc., Mary Black Hospital in Spartanburg and Carolinas Hospital System, the Members of the South Carolina House of Representatives are invited to a reception. This event will be held on Tuesday, May 10, 2005, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
James F. O'Loughlin
CEO, Carolinas Hospital System

March 22, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina School Food Service Association, the Members and staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May

Printed Page 1934 . . . . . Tuesday, April 5, 2005
11, 2005, from 8:30 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Melissa Dorland, RD, Chair
Legislative Committee

March 22, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Poultry Federation, the Members of the South Carolina House of Representatives are invited to a reception. This event will be held on Wednesday, May 11, 2005, from 6:00 p.m. until 7:30 p.m. at the Clarion Town House, Magnolia Room (upstairs patio).
Sincerely,
Connie P. Smith
President

March 22, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of BlueCross BlueShield of South Carolina, the Members, staff and families of the South Carolina House of Representatives are invited to the Twelfth Annual Legislative Softball Game and Picnic. This event will be held on Tuesday, May 17, 2005, beginning at 6:30 p.m. at USC's Sarge Frye Stadium.
Sincerely,
Ed Sellers

March 22, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee

Printed Page 1935 . . . . . Tuesday, April 5, 2005
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Coalition for Small Business and Entrepreneurship, the Members of the South Carolina House of Representatives are invited to the 2nd Annual Salute to Small Business Luncheon. This event will be held on Wednesday, May 18, 2005 beginning at 12:00 noon at the SouthTrust Building.
Sincerely,
Donna R. Croom

March 24, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Beer Wholesalers Association, the Members and staff of the South Carolina House of Representatives are invited to a reception. This event will be held on Tuesday, May 3, 2005, from 6:00 p.m. until 8:00 p.m. at our offices, 1114 College Street.
Sincerely,
Richard V. "Dick"Bridges
Chairman

March 22, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Speech Language and Hearing Association, the Members and staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, May 4, 2005, from 8:30 a.m. until 10:00 a.m. in Room 221 of the Blatt Building. Free hearing screenings will be held from

Printed Page 1936 . . . . . Tuesday, April 5, 2005
8:00 a.m. until 10:30 a.m. in Room 215, followed by a photo opportunity at 11:00 a.m.
Sincerely,
M. Anita Parker
VP for Governmental Affairs

March 22, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Palmetto Agriculture and Food Industry Council, the Members of the South Carolina House of Representatives, their spouses, staff and attaches are invited to "A Taste of South Carolina." This event will be held on Wednesday, May 4, 2005, from 11:00 a.m. until 2:00 p.m. on the State House Grounds.
Sincerely,
Robbie Roof
Chairman

March 22, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the SC Plastics Industry, the Society of the Plastics Industry, Inc. (SPI) and the American Plastics Council, the Members of the South Carolina House of Representatives are invited to a Legislative Reception. This event will be held on Wednesday, May 4, 2005, from 6:00 p.m. until 7:30 p.m. at the Capital City Club.
Sincerely,
Pamela Rastatter, Manager
SPI Southern Operations

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MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 31, 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. 28, H. 3396 by a vote of 44 to 0:

(R28) H. 3396 (Word version) -- Reps. Bowers and Rivers: A JOINT RESOLUTION 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.

Very respectfully,
President
Received as information.

INTRODUCTION OF BILLS

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

H. 3840 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES

Printed Page 1938 . . . . . Tuesday, April 5, 2005
OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, TO DEFINE THE TERM "COMMUNICATIONS SERVICE PROVIDER" FOR THIS PURPOSE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATION.
Referred to Committee on Labor, Commerce and Industry

H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W. D. Smith and Young: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.
Referred to Committee on Ways and Means

H. 3842 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 6-29-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTMENT OR AMENDMENT OF A ZONING REGULATION OR MAP, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY, WHEN IT HOLDS THE REQUIRED PUBLIC HEARING, MAY CHANGE OR DEPART FROM THE PLANNING COMMISSION RECOMMENDATION PROVIDED THAT THE EXTENT OF THE CHANGE OR DEPARTURE IS DISCLOSED FULLY DURING THE PUBLIC HEARING.
Referred to Committee on Judiciary

H. 3844 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-3355, SO AS TO PROVIDE THAT A PERSON WHO IS AT LEAST TWELVE YEARS OF AGE WHO IS NOT A LICENSED DRIVER MUST OBTAIN A SPECIAL IDENTIFICATION CARD FROM THE

Printed Page 1939 . . . . . Tuesday, April 5, 2005
DEPARTMENT OF MOTOR VEHICLES WHICH MUST BE PRESENTED TO A LAW ENFORCEMENT OFFICER UPON REQUEST.
Referred to Committee on Education and Public Works

H. 3845 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
Referred to Committee on Ways and Means

H. 3846 (Word version) -- Rep. Harrell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR, TO PROVIDE THAT APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT ON SEPTEMBER FIRST OF THE FOLLOWING FISCAL YEAR, TO PROVIDE THAT SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE ACCRUED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED, AND TO PROVIDE THAT IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE

Printed Page 1940 . . . . . Tuesday, April 5, 2005
SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE.
Referred to Committee on Ways and Means

H. 3847 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR; TO AMEND SECTION 11-11-320, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED; BY ADDING SECTION 11-11-345 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE; AND BY ADDING SECTION 11-11-350 SO AS TO PROVIDE THAT EACH STATE AGENCY, DEPARTMENT, INSTITUTION, OR ENTITY RECEIVING IN THE AGGREGATE THREE PERCENT

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OR MORE OF THE STATE'S GENERAL FUND APPROPRIATIONS FOR ANY FISCAL YEAR SHALL PROVIDE TO THE OFFICE OF STATE BUDGET AN ESTIMATE OF ITS PLANNED GENERAL FUND EXPENDITURES FOR THE NEXT THREE FISCAL YEARS, AND TO PROVIDE THAT THIS DATA, IN CONJUNCTION WITH THE BOARD OF ECONOMIC ADVISORS' LONG-TERM REVENUE ESTIMATE, SHALL BE COMPILED BY THE OFFICE OF STATE BUDGET INTO A THREE-YEAR FINANCIAL PLAN THAT WILL ASSIST THE STATE IN DETERMINING AND PLANNING FOR ITS LONG-TERM FINANCIAL COMMITMENTS.
Referred to Committee on Ways and Means

H. 3848 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-70 SO AS TO EXEMPT FEDERALLY QUALIFIED HEALTH CENTERS FROM CERTAIN PHARMACY PERMIT AND REGULATORY REQUIREMENTS AND TO PROVIDE THAT FEDERALLY QUALIFIED HEALTH CENTERS MUST BE RECOGNIZED AS A COVERED ENTITY UNDER CERTAIN PROVISIONS OF THE PHARMACY PRACTICE ACT SO THAT A LICENSED PRACTITIONER MAY DISPENSE DRUGS OR DEVICES THAT ARE THE LAWFUL PROPERTY OF THE PRACTITIONER OR THE CORPORATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3849 (Word version) -- Reps. Kirsh and Cooper: A BILL TO AMEND SECTION 12-54-46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FILING AN EXEMPTION CERTIFICATE CLAIMING AN EXCESSIVE NUMBER OF EXEMPTIONS FOR TAX PURPOSES, SO AS TO DESCRIBE SPECIFIC PROHIBITED ACTS, SET THE PENALTY AT FIVE HUNDRED DOLLARS ANNUALLY, AND PROVIDE FOR AN EXCEPTION FOR A CHANGE IN FAMILY CIRCUMSTANCES UNDER CERTAIN CONDITIONS.
Referred to Committee on Ways and Means

H. 3850 (Word version) -- Reps. Kirsh and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-135 SO AS TO PROVIDE THAT AS AN

Printed Page 1942 . . . . . Tuesday, April 5, 2005
ALTERNATIVE TO THE GRADUATED BUSINESS-LICENSE TAX A COUNTY MAY REQUIRE A BUSINESS REGISTRATION THROUGHOUT THE COUNTY FOR AN ADMINISTRATIVE FEE NOT TO EXCEED FIFTEEN DOLLARS, BY ADDING SECTION 12-37-712 SO AS TO PROVIDE FOR THE ALLOCATION OF THE VALUE OF BOATS FOR PROPERTY TAX PURPOSES HAVING A SITUS IN THIS STATE AND AT LEAST ONE OTHER STATE, BY ADDING SECTION 12-45-430 SO AS TO PROVIDE THAT THE COUNTY TREASURER MAY NOT ISSUE A TAX RECEIPT UNLESS THE TAXES, PENALTIES, COSTS, AND ALL OTHER CHARGES INCLUDED IN THE BILL HAVE BEEN PAID IN FULL, TO AMEND SECTIONS 12-37-2650 AND 12-37-2730, RELATING TO PROPERTY TAX ON MOTOR VEHICLES, SO AS TO PROVIDE THAT THE TREASURER SHALL ISSUE A TAX RECEIPT ONLY IF ALL OTHER CHARGES ON THE TAX BILL HAVE BEEN PAID AND TO DELETE OBSOLETE LANGUAGE AND TO AUTHORIZE A CODE ENFORCEMENT OFFICER IN LIMITED CIRCUMSTANCES TO ISSUE AN ORDINANCE SUMMONS TO A PERSON THE OFFICER BELIEVES HAS FAILED TO REMIT MOTOR VEHICLE PROPERTY TAXES, TO PROVIDE FOR A FINE FOR VIOLATORS, AND PROVIDE FOR DISMISSAL OF THE SUMMONS UPON SHOWING BY THE TAXPAYER BEFORE THE COURT DATE OF PROPER REGISTRATION AND PAYMENT OF CURRENT AND DELINQUENT TAXES, TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A TAXPAYER'S RENTAL OF HIS RESIDENCE FOR FEWER THAN FIFTEEN DAYS IN A TAXABLE YEAR DOES NOT DISQUALIFY THE RESIDENCE FROM RECEIVING THE FOUR-PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO AMEND SECTIONS 12-49-950 AND 12-51-55, AS AMENDED, SO AS TO PROVIDE FOR THE MINIMUM BID OF THE FORFEITED LAND COMMISSION WHEN THERE ARE NO BIDS AT A DELINQUENT TAX SALE, TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE ISSUING OF A TAX TITLE AT THE END OF THE REDEMPTION PERIOD, SO AS TO MAKE THE PURCHASER RESPONSIBLE FOR THE ACTUAL COSTS OF PREPARING THE TAX TITLE, TO AMEND SECTION 12-54-25, AS AMENDED,
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RELATING TO INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS OF TAXES, SO AS TO PROVIDE THAT NO INTEREST IS DUE ON AN OVERPAYMENT OF PROPERTY TAXES IF THE OVERPAYMENT IS REFUNDED WITHIN SEVENTY-FIVE DAYS AFTER THE COUNTY RECEIVES NOTICE FROM THE DEPARTMENT OF REVENUE THAT THE TAXPAYER IS DUE A CREDIT OR REFUND, AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION ON DISCLOSING TAX RETURNS AND THE EXCEPTIONS, SO AS TO ALLOW DISCLOSURE OF ADDITIONAL INFORMATION FROM A RETURN.
Referred to Committee on Ways and Means

H. 3853 (Word version) -- Reps. Huggins and E. H. Pitts: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
Referred to Committee on Labor, Commerce and Industry

S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT

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OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Rep. MERRILL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. LOFTIS objected.
Referred to Committee on Judiciary

S. 515 (Word version) -- Senator Land: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 533 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-230 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP GUIDELINES FOR APPROPRIATE INSTRUCTION IN THE PREVENTION OF, AND THE SERIOUSNESS OF THE PENALTIES FOR, LYNCHING AND PROVIDE THAT EACH SCHOOL DISTRICT SHALL PROVIDE THIS INSTRUCTION DURING THE FIRST WEEK OF SCHOOL.
Referred to Committee on Education and Public Works

S. 544 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INOCULATING PETS AGAINST RABIES, SO AS TO PROVIDE THAT THESE INOCULATIONS MUST BE ADMINISTERED BY A LICENSED VETERINARIAN OR SOMEONE UNDER THE DIRECT SUPERVISION OF A LICENSED VETERINARIAN.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 655 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE

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CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL TEACHER, OR PUBLIC SCHOOL STUDENT; TO PROVIDE THAT THE LOCAL SCHOOL DISTRICT OF A CHARTER SCHOOL IN CHARLESTON COUNTY MAY NOT CHARGE RENT TO A CHARTER SCHOOL THAT WAS CONVERTED FROM AN EXISTING PUBLIC SCHOOL; TO PROVIDE THAT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY APPLY FOR GRANTS ON ITS OWN; TO PROVIDE THAT A TEACHER IN A CHARTER SCHOOL IN CHARLESTON COUNTY MAY BE NOMINATED AND CONSIDERED AS A CANDIDATE FOR TEACHER OF THE YEAR; AND TO PROVIDE THAT A STUDENT AT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY RECEIVE A LAURA BROWN FUND GRANT.
Rep. ALTMAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. BREELAND objected.
Referred to Charleston Delegation

CONCURRENT RESOLUTION

The following was introduced:

H. 3843 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley,

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Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE STUDENTS, FACULTY, ADMINISTRATION, AND STAFF OF JOSEPH KEELS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO ON RECEIVING THE 2005 PALMETTO'S FINEST AWARD AND FOR STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.

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

HOUSE RESOLUTION

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

H. 3851 (Word version) -- Reps. Hosey and Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE JEFFERSON DAVIS ACADEMY "LADY RAIDERS" BASKETBALL TEAM OF BAMBERG COUNTY, COACH ROBYNE JOYNER, AND OTHER SCHOOL OFFICIALS AT A TIME TO BE DETERMINED FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR 2004 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP.

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 Jefferson Davis Academy "Lady Raiders" basketball team of Bamberg County, Coach Robyne Joyner, and other school officials, at a time to be determined, for the purpose of congratulating and honoring the team for their class A State Championship.

The Resolution was adopted.

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CONCURRENT RESOLUTION

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

H. 3852 (Word version) -- Rep. Merrill: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR ITS OUTSTANDING CONTRIBUTIONS TO THE STATE'S ECONOMY, FOR THE SIGNIFICANT ROLE IT HAS PLAYED AND WILL CONTINUE TO PLAY IN ADVANCING SOUTH CAROLINA'S POSITION IN THE GLOBAL ECONOMY, AND TO ACKNOWLEDGE APRIL 6, 2005, AS "STATE PORTS AUTHORITY APPRECIATION DAY".

Whereas, more than 700 companies from every county in South Carolina import and export products through the South Carolina Ports Authority terminals, providing a direct link between our State's economic health and the health of our ports; and

Whereas, international trade through the South Carolina Ports Authority's facilities provides 281,660 jobs paying $9.4 billion in wages to South Carolinians that has a total economic impact on the State of $23 billion annually; and

Whereas, international trade through the South Carolina Ports Authority's facilities generates an estimated $2.5 million annually in state and local taxes; and

Whereas, the Port of Charleston is the busiest container port along the Southeast and Gulf coasts, ranks fourth nationally, and is rated by its own customers as one of the most efficient ports in the world; and

Whereas, the Charleston Customs district ranks as the nation's sixth largest in dollar value of international shipments, with cargo valued at more than $39 billion annually; and

Whereas, the continued growth and health of South Carolina Ports Authority's facility are directly tied to the continued economic development of our State and the attraction of new jobs and investment; and

Printed Page 1948 . . . . . Tuesday, April 5, 2005
Whereas, the South Carolina State Ports Authority was created by the General Assembly in 1942 to contribute to the economic development of the State of South Carolina by fostering and stimulating waterborne commerce and the shipment of freight; and

Whereas, over its sixty-three year history, the South Carolina State Ports Authority has set the standard for stewardship among United States ports; and

Whereas, numerous organizations from across the State, including the State Chamber of Commerce and a coalition of urban chambers of commerce, recognize the contributions of the South Carolina State Ports Authority. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, recognize the South Carolina State Ports Authority for its outstanding contributions to the State's economy, for the significant role it has played and will continue to play in advancing South Carolina's position in the global economy, and to acknowledge April 6, 2005, as "State Ports Authority Appreciation Day".

Be it further resolved that a copy of this resolution be forwarded to Mr. Harry J. Butler, Jr., Chairman and Mr. Bernard S. Groseclose, Jr., President and CEO, South Carolina State Ports Authority.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3854 (Word version) -- Reps. Hosey, Rhoad, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes,

Printed Page 1949 . . . . . Tuesday, April 5, 2005
Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE JEFFERSON DAVIS ACADEMY "LADY RAIDERS" BASKETBALL TEAM OF BAMBERG COUNTY ON THEIR STATE INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CHAMPIONSHIP, AND HONORING THE PLAYERS AND COACH ROBYNE JOYNER.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3855 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, 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,

Printed Page 1950 . . . . . Tuesday, April 5, 2005
Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE REFOUNDING OF THE HISTORIC COLLEGE OF ARTS AND SCIENCES AT THE UNIVERSITY OF SOUTH CAROLINA AND ITS REDEDICATION TO THE MISSION OF BEING A FAITHFUL INDEX TO THE AMBITIONS AND FORTUNES OF THE STATE.

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

CONCURRENT RESOLUTION

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

H. 3856 (Word version) -- Reps. Govan, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE VITAL ROLE SOUTH CAROLINA'S COMMUNITY BANKS PLAY IN EACH LOCAL NEIGHBORHOOD AND PROCLAIMING THE MONTH OF APRIL "COMMUNITY BANKING MONTH" IN SOUTH CAROLINA.

Whereas, through the years South Carolina's community banks have been a stable foundation supporting their local communities as they prospered and grew; and

Printed Page 1951 . . . . . Tuesday, April 5, 2005
Whereas, today more than sixty-eight South Carolina community banks, encompassing more than ten billion dollars in assets, continue the proud tradition of giving back to their local communities; and

Whereas, community banks currently provide South Carolinians with 7,143 full-time positions at nearly 250 banking offices; and

Whereas, these local banks have made significant contributions to the economic well-being of South Carolina through their financial support, dedication as good neighbors, and above all, their service as financially sound and reliable sources of economic lifeblood in the communities; and

Whereas, South Carolina community banks continually reinvest in their own communities providing vital capital for home mortgages as well as small business, agricultural, and student loans; and

Whereas, as a group, these banks form an integral portion of the state's economic fabric; and

Whereas, the members of the General Assembly are proud to recognize and commend the substantial role community banks play in local economic development financing home mortgages, new businesses, and stimulating the economy to produce jobs. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, hereby recognize and commend the vital role South Carolina's community banks play in each neighborhood and proclaim the month of April "Community Banking Month" in the State of South Carolina.

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

Printed Page 1952 . . . . . Tuesday, April 5, 2005

CONCURRENT RESOLUTION

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

H. 3857 (Word version) -- Reps. Jennings, Townsend, Neilson, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2005.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3858 (Word version) -- Reps. Wilkins, W. D. Smith, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon and J. Brown: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN

Printed Page 1953 . . . . . Tuesday, April 5, 2005
JOINT ASSEMBLY IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 11:15 A.M. ON MONDAY, APRIL 18, 2005.

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

That the Honorable George W. Bush, President of the United States of America, is invited to address the General Assembly in joint assembly in the Chamber of the House of Representatives at 11:15 a.m. on Monday, April 18, 2005.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 692 (Word version) -- Senators Lourie, Jackson, Patterson and Courson: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL MODEL UNITED NATIONS TEAM ON THEIR SIXTEENTH STRAIGHT INTERNATIONAL FIRST PLACE AWARD OF DISTINCTION AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE RECENTLY HELD IN NEW YORK.

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

ROLL CALL

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bales
Ballentine             Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Printed Page 1954 . . . . . Tuesday, April 5, 2005

Dantzler               Davenport              Delleney
Edge                   Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hiott                  Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               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                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Tripp                  Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 5.

Daniel Cooper                     James Harrison
Mack Hines                        Jackson "Seth" Whipper
Ronald Townsend                   Bill Cotty
Jeffrey D. Duncan                 Joseph Neal
David Mack
Alex Harvin
Becky Martin   Fletcher Smith
Brenda Lee

Total Present--122

Printed Page 1955 . . . . . Tuesday, April 5, 2005

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. BAILEY a leave of absence to attend a funeral.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 30.
Alex Harvin

DOCTOR OF THE DAY

Announcement was made that Dr. Elizabeth Kline of Charleston is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 3167 (Word version)
Date:   ADD:
04/05/05   LOFTIS

Printed Page 1956 . . . . . Tuesday, April 5, 2005

CO-SPONSOR ADDED

Bill Number:   H. 3285 (Word version)
Date:   ADD:
04/05/05   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3189 (Word version)
Date:   ADD:
04/05/05   ALTMAN

CO-SPONSOR ADDED

Bill Number:   H. 3346 (Word version)
Date:   ADD:
04/05/05   RUTHERFORD

CO-SPONSOR ADDED

Bill Number:   H. 3647 (Word version)
Date:   ADD:
04/05/05   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3724 (Word version)
Date:   ADD:
04/05/05   HERBKERSMAN

CO-SPONSOR ADDED

Bill Number:   H. 3794 (Word version)
Date:   ADD:
04/05/05   SCARBOROUGH

H. 3835--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, April 6, which was adopted:

H. 3835 (Word version) -- Reps. Walker and Sinclair: 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 AUTHORIZE THAT ONE COMMISSIONER OF THE DISTRICT MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.

Printed Page 1957 . . . . . Tuesday, April 5, 2005

H. 3189--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3189 (Word version) -- Reps. Merrill, Brady, Scarborough, Cobb-Hunter, Whipper, Toole, Ballentine, Hagood, McLeod, R. Brown and Altman: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.

Reps. MERRILL, EDGE, G. M. SMITH, VIERS, J. BROWN, HOSEY, WITHERSPOON and G. R. SMITH requested debate on the Bill.

ORDERED TO THIRD READING

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

H. 3411 (Word version) -- Reps. Harrison and Clemmons: A BILL TO AMEND SECTION 5-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTE COUNTING IN MUNICIPAL ELECTIONS, SO AS TO DELETE THE REQUIREMENT THAT IN

Printed Page 1958 . . . . . Tuesday, April 5, 2005
THE CASE OF A CONTESTED ELECTION INCUMBENTS HOLD OVER UNTIL THE CONTEST IS FINALLY DETERMINED; AND TO AMEND SECTION 5-15-140, RELATING TO CONTESTING A MUNICIPAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE OF APPEAL OF THE DECISION OF THE MUNICIPAL ELECTION COMMISSION ACTS AS A STAY OF FURTHER PROCEEDINGS PENDING THE APPEAL.

Rep. HARRISON explained the Bill.

H. 3285 (Word version) -- Reps. Wilkins, Clemmons, Harrison and Loftis: A BILL TO AMEND SECTION 1-23-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL REVIEW OF DECISIONS BY AN ADMINISTRATIVE LAW JUDGE, SO AS TO PROVIDE THAT A FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE INVOLVING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE APPEALED AS A MATTER OF RIGHT TO THE COURT OF APPEALS.

Rep. HARRISON explained the Bill.

H. 3402--AMENDED AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

Printed Page 1959 . . . . . Tuesday, April 5, 2005
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20372SD05), which was adopted:
Amend the bill, as and if amended, by striking Section 2-17-10(11) of the 1976 Code, as contained in SECTION 1 and inserting:
/(11)   'Legislative caucus' means:

(a)   a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender or a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports;

(b)   a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender or a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports. However, each house may establish only one committee for each racial-, ethnic-, or gender-based affinity or one for each representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports." /
Amend further, as and if amended, by striking Section 8-13-1300(21), as contained in SECTION 2, and inserting:
/(21)   Legislative caucus committee means:

(a)   a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender or a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports; however, each house may establish only one committee for each political-, racial-, ethnic-, or gender-based affinity or one for each representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports.

(b)   a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender or a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports." /
Renumber sections to conform.
Amend title to conform.

Rep. M. A. PITTS explained the amendment.

Rep. COTTY requested debate on the Bill.

The amendment was then adopted.

Printed Page 1960 . . . . . Tuesday, April 5, 2005
Reps. J. E. SMITH, SCOTT, MCLEOD, BREELAND, KENNEDY, LEACH, J. BROWN, OWENS, VAUGHN, LOFTIS, DUNCAN, G. R. SMITH and WITHERSPOON requested debate on the Bill.

H. 3817--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3817 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED ON REAL PROPERTY OWNED BY THE STATE ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.

Rep. HARRISON explained the Bill.

Reps. KENNEDY, RUTHERFORD, COBB-HUNTER, MOODY-LAWRENCE, SCOTT, LEACH, J. HINES and WHITE requested debate on the Bill.

H. 3788--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. SKELTON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

H. 3788 (Word version) -- Rep. Skelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-271 SO AS TO REQUIRE THAT OVER THE COUNTER DRUGS CONTAINING PSEUDOEPHEDRINE MUST BE DISPENSED BY A LICENSED PHARMACIST OR A LICENSED PHARMACY TECHNICIAN AND TO PROVIDE A PROCEDURE FOR THE SALE OF THESE DRUGS; BY ADDING SECTION 44-53-272 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS A DRUG PRODUCT CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR PHENYLPROPANOLAMINE WITH THE INTENT TO USE THE DRUG PRODUCT AS A PRECURSOR

Printed Page 1961 . . . . . Tuesday, April 5, 2005
TO THE MANUFACTURE OF METHAMPHETAMINE OR ANOTHER ILLEGAL CONTROLLED SUBSTANCE, TO PROVIDE A PENALTY, AND TO PROVIDE EXCEPTIONS; AND TO AMEND SECTION 44-53-270, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE ANY COMPOUND, MIXTURE, OR PREPARATION CONTAINING ANY DETECTABLE QUANTITY OF PSEUDOEPHEDRINE EXCEPT THOSE SOLD IN LIQUID, LIQUID CAPSULE, OR GEL CAPSULE FORM IF PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3819 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 3859 (Word version) -- Rep. Toole: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE THE MEMBERS OF DUNN'S CHAPEL OF WEST COLUMBIA AS THEY CELEBRATE THEIR ONE HUNDREDTH ANNIVERSARY, AND TO COMMEND THE PRESENT AND FORMER PASTORS, MEMBERS, AND FRIENDS OF THIS WONDERFUL HOUSE OF WORSHIP FOR A CENTURY OF FAITHFULNESS, SERVICE, AND REVERENCE FOR GOD.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3860 (Word version) -- Reps. Hayes, Witherspoon, Viers, Barfield, Frye, Rhoad, Hardwick, Battle, Ceips, Townsend and Vick: A CONCURRENT RESOLUTION TO EXPRESS THE CONCERN OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY THAT PROPOSED CUTS IN FEDERAL FARM PROGRAMS BEING

Printed Page 1962 . . . . . Tuesday, April 5, 2005
CONSIDERED AS PART OF THE FISCAL YEAR 2006 FEDERAL BUDGET WOULD PLACE A DISPROPORTIONATE BURDEN OF DEFICIT REDUCTION ON THE SHOULDERS OF OUR NATION'S FARM FAMILIES AND RURAL COMMUNITIES, AND TO REQUEST THE CONGRESS OF THE UNITED STATES TO PRESERVE CURRENT FARM PROGRAMS AND MAINTAIN THE COMMITMENTS MADE TO AMERICAN FARM FAMILIES, RURAL COMMUNITIES, AND LOW INCOME FAMILIES UNDER EXISTING UNITED STATES FARM POLICY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

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

H. 3861 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE APRIL 2005 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA AND TO RECOGNIZE AND SUPPORT "FAIR HOUSING MONTH" IN OUR STATE.

Whereas, the year 2005 marks the thirty-seventh anniversary of the passage of Title VIII of the Civil Rights Act of 1968, commonly referred to as the "Federal Fair Housing Act", declaring a national policy to provide fair housing throughout the United States; and

Whereas, Title VIII of the Civil Rights Act of 1968 was amended by the "Fair Housing Amendments Act of 1988" to provide stronger enforcement and a broader protected class; and

Whereas, Chapter 21 was added to Title 31 of the South Carolina Code of Laws in 1989 which enacted the "South Carolina Fair Housing Law" to provide enforcement and protection at the state level; and

Whereas, our Fair Housing laws prohibit discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, or disability; and

Whereas, fairness is the foundation of our way of life and reflects the best of our traditional American values; and

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Whereas, invidious discriminatory housing practices undermine the strength and vitality of South Carolina and its citizens; and

Whereas, all South Carolinians must continue to work to assure there are no victims of discriminatory housing practices and to make the ideal of fair housing a reality; and

Whereas, the "American Dream" is homeownership, and citizens within and without the real estate profession are "Keepers of the Dream" when they seek to eliminate illegal housing discrimination against persons because of their race, color, religion, national origin, familial status, sex, or disability. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, declares April 2005 as "Fair Housing Month" in South Carolina and recognizes and supports "Fair Housing Month" in our State.

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

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

INTRODUCTION OF BILLS

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

H. 3862 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 197 OF 1991, AS AMENDED, RELATING TO THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS FROM NINE TO ELEVEN AND TO PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
On motion of Rep. BATTLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3863 (Word version) -- Reps. Neilson, J. Hines and Chalk: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING TO

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PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE FOR THEIR PARTICIPATION IN THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE BOTH TO BE HELD IN 2005.
Referred to Committee on Invitations and Memorial Resolutions

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

ADJOURNMENT

At 12:50 p.m. the House, in accordance with the motion of Rep. HERBKERSMAN, adjourned in memory of Dr. Michael Coffey of Hilton Head, to meet at 10:00 a.m. tomorrow.

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