Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from 1 Peter 5:3: "Do not lord it over those in your charge, but be examples to the flock."
Let us pray. Lord, help us to be humble in our relationships with other people today. Let our willingness to let You, O Lord, shine upon us and lead us in the way You desire. Make us strong to serve in this hallowed place, that Your will be done. For the leaders assembled here, bless them for their duty. For our Nation, President, our State and her leaders, bless and protect. Keep our defenders of freedom in Your care. Lord, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

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

Rep. CATO moved that when the House adjourns, it adjourn in memory of Robert Morton of Greenville, which was agreed to.

The following was received:

To:   The Clerk of the House
From:   Glenn F. McConnell, Chairman
Date:   May 4, 2005

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice Chairman
Richard S. Fisher, Esquire
John P. Freeman, Esquire
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator James H. Ritchie, Jr.
Judge Curtis G. Shaw
Representative Doug Smith
Representative Fletcher N. Smith, Jr.

Date Draft Report Issued:   Wednesday, May 4, 2005
Date and Time Final Report Issued: 12:00 noon on Wednesday, May 11, 2005

The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission operates under the law that went into effect July 1, 1997, and which dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.
The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started in 1997. The Commission has asked candidates their views on issues peculiar to service on the court to which they seek election. These questions were posed in an effort to provide members of the General Assembly with more information about candidates and the candidates' thought processes on issues relevant to their candidacies. The Commission also has engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission believes that candidates should have familiarity with the subject matter of the courts for which they offer and believes that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.
The Commission also used the Citizens Committees on Judicial Qualifications as an adjunct of the Commission. Since the decisions of our judiciary play such an important role in people's personal and professional lives, the Commission believes that all South Carolinians should have a voice in the selection of the state's judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Committees on Judicial Qualifications. These committees, composed of people from a broad range of experiences (lawyers, teachers, businessmen, bankers, and advocates for various organizations; members of these committees are also diverse in their racial and gender backgrounds), were asked to advise the Commission on the judicial candidates in their regions. Each regional committee interviewed the candidates from its assigned area and also interviewed other individuals in that region who were familiar with the candidate either personally or professionally. Based on those interviews and its own investigation, each committee provided the Commission with a report on its assigned candidates based on the Commission's evaluative criteria. The Commission then used these reports as a tool for further investigation of the candidate if the committee's report so warranted. Summaries of these reports also have been included in the Commission's report for your review.
The Commission conducts a thorough investigation of each candidate's professional, personal, and financial affairs and holds public hearings during which each candidate is questioned on a wide variety of issues. The Commission's investigation focuses on the following evaluative criteria: constitutional qualifications, ethical fitness, professional and academic ability, character, reputation, physical health, mental health, and judicial temperament. The Commission's investigation includes the following:
(1)   survey of the bench and bar;
(2)   SLED and FBI investigation;
(3)   credit investigation;
(4)   grievance investigation;
(5)   study of application materials;
(6)   verification of ethics compliance;
(7)   search of newspaper articles;
(8)   conflict of interest investigation;
(9)   court schedule study;
(10)   study of appellate record;
(11)   court observation; and
(12)   investigation of complaints.
While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons of Conduct as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts. However, the Commission is not a forum for reviewing the individual decisions of the state's judicial system absent credible allegations of a candidate's violations of the Judicial Canons of Conduct, the Rules of Professional Conduct, or any of the Commission's nine evaluative criteria that would impact a candidate's fitness for judicial service.
The Commission expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.
Routine questions related to compliance with ethical Canons governing ethics and financial interests are now administered through a written questionnaire mailed to candidates and completed by them in advance of each candidate's staff interview. These issues were no longer automatically made a part of the public hearing process unless a concern or question was raised during the investigation of the candidate. The necessary public record of a candidate's pledge to uphold the Canons, etc. is his or her completed and sworn questionnaire.
Written examinations of the candidates' knowledge of judicial practice and procedure were given at the time of candidate interviews with staff and graded on a "blind" basis by a panel of four persons designated by the Chairman. In assessing each candidate's performance on these practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.
This report is the culmination of weeks of investigatory work and public hearings. The Commission takes its responsibilities seriously as it believes that the quality of justice delivered in South Carolina's court rooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision.
This report conveys the Commission's findings as to the qualifications of all candidates currently offering for election to the Circuit Court At-Large Seat 12 and the Family Court for the Sixth Judicial Circuit, Seat 1.
The Commission also expresses its thanks to Judicial Fellow Andrew MacLeod for his assistance with the Spring 2005 screening.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Gammons meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Ms. Gammons was born on February 24, 1960. She is 45 years old and a resident of Greenville, South Carolina. Ms. Gammons provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1992.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Gammons.
Ms. Gammons demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Ms. Gammons reported that she has not made any campaign expenditures.
Ms. Gammons testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Ms. Gammons testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Ms. Gammons to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Ms. Gammons described her continuing legal or judicial education during the past five years as follows:
"(a)   20th Annual Criminal Law Update, January 2005;
(b)   Government Law Section, January 2005;
(c)   Ethics, January 2005;
(d)   Land Development, Planning, and Zoning Section Workshop, October 3, 2004;
(e)   Mobile Land Use Workshop, October 3, 2004;
(f)   Personnel Law for the Public Employer, October 4, 2004;
(g)   First Amendment, October 4, 2004;
(h)   Litigation and Risk Management, October 4, 2004;
(i)   Inter-District Relationships, October 5, 2004;
(j)   Important Developments in Land Use Law, October 5, 2004;
(k)   Client Relationships-How to Practice Municipal Law, October 6, 2004;
(l)   Attorney's Oath and Ethics, September 10, 2004;
(m)   Judicial Conference-4th Judicial Circuit, June 26, 2003;
(n)   Zoning and Land Use (instructor), July 24, 2003;
(o)   Legal Issues Involving Local Governments, November 7, 2003;
(p)   Ethics (instructor), September 12, 2002;
(q)   Criminal Law Update, January 26, 2001;
(r)   Doing Business with South Carolina Local Government, March 9, 2001;
(s)   2001 Colloquium-The Great Sea Change: Women and the Law in the Twentieth Century, April 19-20, 2001;
(t)   Driving Under the Influence 101-For Law Enforcement Officers and Prosecutors, April 26, 2001;
(u)   Women and the Law-The Study of Legal Issues and an Historical Perspective of Females in the Law Profession, May 2, 2001;
(v)   Greenville County Bar Association Seminar-General Practice Issues, December 7, 2001;
(w)   15th Annual Criminal Law Update, January 21, 2000;
(x)   Trial and Appellate Advocacy, January 22, 2000;
(y)   Leading, Caring, and Shaping the Future, April 14, 2000;
(z)   Domestic Violence, August 8, 2000;
(aa)   Municipal Lawyers Association Annual Meeting & Continuing Legal Education Seminar, December 1, 2000."
Ms. Gammons reported that she has taught the following law-related courses:
"(a)   Law and Society-South Carolina Governor's School at the College of Charleston:

Intensive four-week program that examines important legal issues that affect most Americans' lives (abortion, physician-assisted suicide, death penalty, same-sex marriage, insanity defense, First Amendment, racial discrimination, gender discrimination); study of case law, Statutes. Students engage in debates, Mock Trials, drafting legislation, and observing real Trials and Guilty Pleas.
(b)   Family Law-Greenville Technical College:

Examination of all aspects of practicing Family Law and the skills and knowledge needed to be an effective paralegal.
(c)   Claims Investigations - Greenville Technical College:

Examination of all aspects of handling a personal injury and the skills and knowledge needed to be an effective paralegal.
(d)   Discovery-Greenville Technical College:

Examination of all areas of Discovery - how to present request information; find information; submit information to the adverse party; obtain information from the adverse party and other sources.
(e)   Ethics-Greenville Association of Legal Assistants Seminar (2 years)

Taught the basics of Ethics; prepared seminar materials.
(f)   Zoning and Land Use-Lorman Education Services Seminar:

The necessary elements of an effective Zoning Ordinance; effective presentation before the Board of Zoning Appeals; duties of the Board of Zoning Appeals and the Zoning Administrator; examination of case law and specific matters before the Board of Zoning Appeals."
Ms. Gammons reported that she has no legal publications; however, she has had opinion articles published in various newspapers.
(4)   Character:
The Commission's investigation of Ms. Gammons did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Ms. Gammons did not indicate any evidence of a current troubled financial status. The Commission's investigation noted that she currently has financial arrangements with the Internal Revenue Service to pay past due taxes and she is also paying on her husband's defaulted student loan that she co-signed with him.
The Commission also noted that Ms. Gammons was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Ms. Gammons reported that her Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Ms. Gammons appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Ms. Gammons appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Ms. Gammons was admitted to the South Carolina Bar in 1992.
Ms. Gammons provided the following account of her experience since graduation from law school:
"Assistant Solicitor, Ninth Judicial Circuit Solicitor's Office, 1992-1993:

Prosecution of criminal cases (average 600 Warrants per year); interviewed Witnesses, Victims, Police Officers, and Pre-Trial Intervention candidates
Attorney, Warlick Law Office, 1993-1994:

General Practice - represented Clients (mainly Plaintiffs); litigated cases (personal injury, medical malpractice, child custody, divorce, criminal defense).
Law Partner, Daniels and Gammons, Attorneys at Law, 1994-1997:

General Practice - represented Clients (Plaintiffs and Defendants); litigated civil and criminal cases (including, but not limited to, Workers' Compensation, personal injury, contract disputes, criminal defense).
Assistant City Attorney, City of Greenville, South Carolina, 1997-present:

Prosecute criminal cases (average 1070 Warrants/Tickets per year); manage and litigate civil cases; draft briefs; research law; litigate Appeals (civil and criminal); manage cases of employee misconduct or employee grievances; advise City Departments; advise Board of Zoning Appeals, Risk Management Team, Civil Service Commission; negotiate and manage certain contracts (particularly, the Humane Society for Animal Control, Police Duty Wrecker Service), handle Business License Revocations."
Ms. Gammons provided the following information relative to her experience in criminal and civil matters:
"Criminal Matters: Prosecution of criminal cases since working in the Solicitor's Office in Charleston; these cases involved driving offenses, including Felony Driving Under the Influence, Assault and Battery, Lynching, Criminal Domestic Violence; City cases include Assault and Battery, Disorderly Conduct, Driving Under the Influence, 1st offense, Shoplifting, Fraudulent Check, Simple Possession of Marijuana, Criminal Domestic Violence, 1st and 2nd offense, Driving Under Suspension, Unlawful Carrying of a Weapon. Cases that do not reach a plea negotiation are tried before a Jury. Besides the issues of proving the case beyond a reasonable doubt, the usual issues of objections based on hearsay, admission of prior bad acts, exclusion of evidence, exclusion of witnesses are involved.

While in private practice, I defended those accused of crimes (Driving Under the Influence, Section 1983 actions against police officers for use of excessive force, Assault and Battery, Drug cases).
Civil Matters: As Assistant City Attorney, I handle cases involving allegations of wrongdoing of police officers (use of excessive force, false arrest, Section 1983 actions). I litigate the Zoning Appeals, allegations of the unlawful denial of a Building Permit; allegations of Freedom of Information Act violations; and personal injury and property damage actions against a City employee. I also litigate the Vehicle Confiscation and Forfeiture cases; appear before the Employment Security Commission for unemployment compensation disputes; appear before the Administrative Law Court requesting denial of Alcohol Permits.

While in private practice, I handled divorces, child custody, child support, and adoption cases. I also handled medical malpractice, 'slip and fall,' breach of contract, and personal injury cases."
Ms. Gammons reported the frequency of her court appearances during the last five years as follows:
"(a)   federal:     0;
(b)   state:     6 times per year."
Ms. Gammons reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   civil:     10%;
(b)   criminal:   90%;
(c)   domestic:   0%."
Ms. Gammons reported the percentage of her practice in trial court during the last five years as follows:
"(a)   jury:     10%;
(b)   non-jury:   90%."
Ms. Gammons reported that she most often served as sole counsel.
The following is Ms. Gammons' account of her five most significant litigated matters:
"(a)   Massey v. City of Greenville, 341 S.C. 193, 532 S.E.2d 885 (Ct. App. 2000). Plaintiff alleged the Board of Zoning Appeals was erroneous in its denial of her request for a Special Exception. Significance - First case I argued before the Court of Appeals. I enjoyed the research and writing the brief. I also enjoyed the oral arguments.
(b)   Chapman v. Troup, Case Number: 2003-CP-23-6006. Plaintiff alleged that his Fourth and Fourteenth Amendment rights were violated pursuant to Section 1983 and he was falsely arrested without probable cause by City Detective. Significance - This was a 2-day Jury Trial and the presiding Judge ruled against me at almost every turn. He even admitted his error in sustaining a substantial objection by Plaintiff's attorney. But I won.
(c)   Foster v. City of Greenville, Case Number: 1996-CP-23-1399. Plaintiff alleged that City wrongfully denied him a Building Permit. Significance - This was a Jury Trial that I had to handle after working for City for only a few weeks; I did not have a great deal of time to prepare. I won the case.
(d)   City v. Watson. Defendant was charged with Simple Possession of Marijuana. Significance - Defendant was an outstanding football player at the University of South Carolina and a prospect for the National Football League. His defense was mainly, 'I am a great football player and, therefore, I cannot be Guilty.' The Jury found him Guilty. The matter was further prolonged because Defendant did not complete his Community Service that was ordered as part of his sentence. The issue then was whether Defendant had violated his Sentence and was in contempt Court. The Circuit Court Judge found after oral arguments that Defendant was not in contempt of Court since the Trial Judge did not specify a deadline for completion of the Community Service. The Trial Judge, then, gave Defendant a definite date to complete the Community Service.
(e)   Civil case while I was in private practice (I do not recall my client's or Defendant's names.)

Plaintiff (my client) alleged that Defendant (Sheriff's Deputy) used excessive force in arresting Plaintiff. Significance - During the discovery phase, I deposed then Sheriff, Johnny Mack Brown. During questioning, he jumped up out his chair as if he were going to hit me. I calmly stood up and requested that he answer my question and behave like an adult and a professional. He behaved as though I was supposed to be afraid of him because I was young and a female. I stood my ground and we finished the deposition. When we went to Court the Defense made a reasonable offer but my client refused it; I did not win the case."
The following is Ms. Gammons' account of civil appeals she has personally handled:
"(a)   Massey v. City of Greenville, South Carolina Court of Appeals, June 12, 2000, 341 S.C. 193, 532 S.E.2d 885 (Ct. App. 2000).
(b)   Acker v. City of Greenville, et al., Greenville County Court of Common Pleas (Appeal of the Business License Administrator's decision), Case Number: 2002-CP-23-7239, order signed June 15, 2004.
(c)   Brown, et al. v. City of Greenville, Greenville County Court of Common Pleas (Appeal of the Board of Zoning Appeals' decision), Case Number: 2003-CP-23-211, order signed June 17, 2003.
(d)   Mauldin Investments, Incorporated v. City of Greenville, Greenville County Court of Common Pleas (Appeal of the Board of Zoning Appeals' decision), Case Number: 2001-CP-23-4728, order signed December 30, 2003."
Ms. Gammons reported that she was an unsuccessful candidate for the South Carolina State Senate, Senate District 7 in the years 2000 and 2004.
(9)   Judicial Temperament:
The Commission believes that Ms. Gammons' temperament would be excellent.
(10)   Miscellaneous:
The Upstate Citizens Advisory Committee reported that Ms. Gammons "meets, but does not exceed, expectations as a circuit court candidate."
Ms. Gammons is married to Brian Lee McQueen. She has one child.
Ms. Gammons reported that she was a member of the following bar associations and professional associations:
"(a)   Greenville County Bar Association, Secretary, 2004-present;
(b)   Greenville County Bar Association, Treasurer, 2003-2004;
(c)   South Carolina Bar Association, Board of Governors, 2004-present;
(d)   South Carolina Bar Association, House of Delegates, 2004-present;
(e)   American Bar Association;
(f)   Municipal Lawyers Association of South Carolina;
(g)   International Municipal Lawyers Association;
(h)   South Carolina Women's Lawyer Association, Regional Representative, 2000;
(i)   South Carolina Supreme Court Commission on Lawyer Conduct;
(j)   South Carolina Bar Foundation Board of Directors."
Ms. Gammons provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Centre Stage South Carolina! Board of Directors;
(b)   Greenview Elementary School Volunteer Tutor;
(c)   Planned Parenthood Board of Directors;
(d)   Alliance for Community Trust Board of Directors;
(e)   College of Charleston Board of Trustees;
(f)   Greenville Literacy Board of Directors; volunteer teaching English as a Second Language;
(g)   South Carolina Bar Mock Trial Competition, District Coordinator, 1998-present;
(h)   Community Law Week Committee, Chairperson, 1996-present;
(i)   Youth Court, Presiding Judge, 2003-present;
(j)   Carolina Ballet Theatre Board of Directors;
(k)   Neighborhood Housing Corporation Board of Directors."
Ms. Gammons further provided: "I am fair, trustworthy, and assertive. I have always worked to improve society; and to encourage people to set goals and work to reach their goals. I believe that all people are created equally. I treat people with respect, even those with whom I disagree. I am an attorney who has worked on all four sides of our system - I have prosecuted criminals; defended those accused of committing crimes; brought actions on behalf of Plaintiffs in civil cases; and defended Defendants in civil cases. Because of my experience, I am better able to serve as a fair Judge capable of rendering the best decisions."

Commission's Findings:   QUALIFIED AND NOMINATED

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Hoefer meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Hoefer was born on November 20, 1954. He is 50 years old and a resident of Florence, South Carolina. Mr. Hoefer provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1980.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Hoefer.
Mr. Hoefer demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Hoefer reported that he has not made any campaign expenditures.
Mr. Hoefer testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Hoefer testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Mr. Hoefer to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Hoefer described his continuing legal or judicial education during the past five years as follows:
"(a)   03/26-27/04     National Conf. of Bar Examiners, NCBE;
(b)   05/05/04     Ethics GAL Cases, WCBA;
(c)   01/24/03     Criminal Law Update, S.C. Bar;
(d)   03/21/03     Accident Litigation, LBCI;
(e)   06/13-14/03     Bar Examiners Workshop, NCBE;
(f)   09/05/03     Difficult Clients, SCACDL;
(g)   09/19/03     Hot Tips-Domestic, S.C. Bar;
(h)   09/27/02     SC Tort Law Update, S.C. Bar;
(i)   10/18/02     Ethical Issues/Appointed Cases, FCBA;
(j)   12/13/02     Tips From The Bench, S.C. Bar;
(k)   01/26/01     Criminal Law Update, S.C. Bar;
(l)   10/26/01     Legal Ethics3, FCBA;
(m)   01/21/00     Criminal Law Update, S.C. Bar;
(n)   10/20/00     Ethics, FCBA;
(o)   01/22/99     Criminal Law Update, S.C. Bar;
(p)   05/14/99     Cumulative Wisdom, SCACDL;
(q)   10/22/99     Touchdown Ethics, S.C. Bar."
Mr. Hoefer reported that he has taught the following law-related courses:
"(a)   South Carolina Bar CLE (Ethics) Clemson University, October 2, 1999;
(b)   Florence County Bar Association (Ethical Issues in Appointed Cases), October 18, 2002;
(c)   Williamsburg County Bar Association (Ethics in Appointed Cases), March 6, 2003.
(d)   Florence County Bar Association (Ethics in Guardian ad litem appointments), October 31, 2003.
(e)   Williamsburg County Bar Association (Ethics in Guardian ad litem appointments), May 5, 2004."
Mr. Hoefer reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Mr. Hoefer did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Hoefer did not indicate any evidence of a troubled financial status. Mr. Hoefer has handled his financial affairs responsibly.
The Commission also noted that Mr. Hoefer was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Mr. Hoefer reported that his Martindale-Hubbell rating was "BV."
Mr. Hoefer reported that he was a member of the State of South Carolina Ethics Commission from September 1992 to June 1998. He chaired the Commission from December 1993 to June 1998. He was appointed by the Governor with the advice and consent of the Senate.
(6)   Physical Health:
Mr. Hoefer appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Hoefer appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Hoefer was admitted to the South Carolina Bar in 1980. He gave the following account of his legal experience since graduation from law school:
"August 1980 to July 1982:
Law clerk to Honorable John H. Waller, Jr.
July 1982 to June 1987:
Assistant Solicitor, Twelfth Judicial Circuit.
June 1987 to present:
Harwell, Ballenger & DeBerry (Now: Ballenger, Barth & Hoefer, L.L.P.)

This is a general practice law firm representing clients in civil (state and federal), domestic, criminal (state and federal), workers compensation, real estate and general litigation matters."
He provided the following additional information relative to his experience in circuit court:
"My criminal practice is approximately 40% of my total practice. In such matters I prosecuted for 5 years, as an assistant solicitor in my circuit and have defended for the past 17 years. I am certified to represent clients in cases involving the death penalty. I routinely represent criminal defendants in the Summary Courts, Family Courts, General Sessions and Federal Courts. Over the past five years, I have represented clients charged with offenses ranging from assault and battery and driving under the influence to serious felony offenses including car-jacking, armed robbery, criminal sexual conduct, drug trafficking and capital murder.
I have practiced in the civil courts for approximately 17 years. My civil practice includes family law, personal injury, worker's compensation, and general litigation matters. I also regularly handle real estate transactions. Over the past five years, I have represented defendants in property disputes, debt matters and personal injury matters. However, I primarily represent plaintiffs in such matters or claimants in worker's compensation matters. I also represent respondents before the State Ethics Commission."
Mr. Hoefer reported the frequency of his court appearances during the last five years as follows:
"(a)   federal:   10%;
(b)   state:     90%."
Mr. Hoefer reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   civil:     30%;
(b)   criminal:   40%;
(c)   domestic:   30%."
Mr. Hoefer reported the percentage of his practice in trial court during the last five years as follows:
"(a)   jury:     20%;
(b)   non-jury:   80%."
Mr. Hoefer reported that he most often served as sole counsel.
The following is Mr. Hoefer's account of his five most significant litigated matters:
"(a)   State v. John Roosevelt Baccus, 00-GS-33-004. Case noticed as a death penalty case, tried as murder/burglary; client convicted, currently on appeal.
(b)   State v. Reggie James, 97-GS-21-955. Murder, client acquitted.
(c)   State v. Helmer Charles Green, 94-GS-21-1168. Murder, client acquitted.
(d)   State v. Lorenzo Jones and Melvin Riles, 342 S.C. 121, 536 S.E.2d 675 (S. Ct. 2000); see also 331 S.C. 228, 500 S.E.2d 499 (S.C. App. 1998), cert. granted 1999. Drug trafficking, convictions vacated.
(e)   State v. Jack Sweat, 91-GS-21-770. Murder, client acquitted."
Mr. Hoefer reported the following regarding civil appeals he has personally handled:
"I have handled two civil appeals personally. One was dismissed by the Court of Appeals and the other matter was settled during the pendency of the appeal. Neither is reported."
Mr. Hoefer provided the following list of criminal appeals he has personally handled:
"(a)   State v. Lorenzo Labelle Jones and Melvin Patrick Riles, 342 S.C. 121, 536 S.E. 2d 675 (S. Ct. 2000).
(b)   State v. Lorenzo Labelle Jones and Melvin Patrick Riles, 331 S.C. 228, 500 S.E.2d 499 (S.C. App. 1998), cert. granted 1999."
Mr. Hoefer reported the following unsuccessful candidacies:
"Candidate for United States Magistrate Judge, Florence Division (1998);
Family Court Seat #3, Twelfth Judicial Circuit (2004);
Circuit Court Seat #1, Twelfth Judicial Circuit (2005)."
(9)   Judicial Temperament:
The Commission believes that Mr. Hoefer's temperament would be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Advisory Committee reported that Mr. Hoefer "is qualified for election to the Circuit Court." The committee recommended Mr. Hoefer without reservation.
Mr. Hoefer is married to Tamara Bashor Hoefer. He has two children.
Mr. Hoefer reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   U.S. District Court Bar;
(c)   Florence County Bar Association;
(d)   American Bar Association;
(e)   American Trial Lawyers Association;
(f)   South Carolina Trial Lawyers Association;
(g)   National Association of Criminal Defense Lawyers;
(h)   South Carolina Association of Criminal Defense Lawyers."
Mr. Hoefer provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Boys and Girls Clubs of the Pee Dee Area, Inc.;
(b)   Florence Soccer Association, Inc., President;
(c)   First Presbyterian Church, Sunday school teacher."
Mr. Hoefer further reported:
"I am a member of the South Carolina Board of Law Examiners. I have the assigned areas of Domestic Relations and Equitable Remedies. I am certified as a circuit civil mediator and arbitrator. Additionally, I am death penalty certified pursuant to Rule 608, SCACR."

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Russo meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Russo was born on April 26, 1955. He is 50 years old and a resident of Florence, South Carolina. Mr. Russo provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1987. Mr. Russo has also been licensed to practice law in the State of Georgia since 1988.
(2)   Ethical Fitness:
The Commission questioned Mr. Russo about a letter of introduction dated (February 8, 2005) sent by him to members of the General Assembly on letterhead of the Solicitor of the Twelfth Judicial Circuit. Although Mr. Russo testified that he paid the Solicitor's Office for the stationery and paid for the postage, he did not include a disclaimer in the letter noting that. Furthermore, even though the letter did not specifically state that the Solicitor endorsed Mr. Russo, the use of the Solicitor's letterhead might give the appearance of the Solicitor's endorsement. Mr. Russo apologized for the misimpression the letterhead might give and appeared to grasp the seriousness of the Commission's inquiry into its use.
Mr. Russo demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Russo reported that he has made $197.40 in campaign expenditures for postage and stationery.
Mr. Russo testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Russo testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Mr. Russo to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Russo described his continuing legal or judicial education during the past five years as follows:
"(a)   S.C. Bar Annual Criminal Law Update, January 2005;
(b)   S.C. Bar Annual Criminal Law Update, January 2004;
(c)   Training Beginning Westlaw, January 2004;
(d)   S.C. Solicitors Association Conference, September 2003;
(e)   S.C. Bar Annual Criminal Law Update, January 2002;
(f)   NCDA Career Prosecutor Course, June 2002;
(g)   S.C. Solicitors Association Conference, September 2002;
(h)   SCCPC DUI 101: For Law Enforcement, March 2001;
(i)   S.C. Solicitors Association Conference, September 2001;
(j)   S.C. Solicitors Association Conference, September 2000;
(k)   S.C. Solicitors Association Conference, September 1999;
(l)   NCDA Prosecuting Homicide Cases, November 1999."
Mr. Russo reported that he has taught the following law-related courses:

"I teach Business Law classes at Florence/Darlington Technical College and have done so since January 2001.

I taught a conference on trying DUI cases. This was primarily for Law Enforcement Agencies in helping police officers prosecute DUI cases in Municipal and Magistrates Courts, from both the prosecution as well as the defense perspectives."
Mr. Russo reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Mr. Russo did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Russo did not indicate any evidence of a troubled financial status. Mr. Russo has handled his financial affairs responsibly.
The Commission also noted that Mr. Russo was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Mr. Russo reported: "I am not currently listed in Martindale-Hubbell. I can only assume this is because I have not registered with their directory and/or purchased any of their services."
(6)   Physical Health:
Mr. Russo appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Russo appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Russo was admitted to the South Carolina Bar in 1987.
Mr. Russo gave the following account of his experience since graduation from law school:
"January 1987 to December 1987
Honorable Joseph F. Anderson, Jr., United States District Court Judge Greenville, S.C.:
Law Clerk to Judge Anderson preparing legal briefs and memoranda on various issues before the Court. Also, had the opportunity to work with Judge Anderson on the Fourth Circuit Court of Appeals when he was asked to sit for a week of oral arguments as a Special Judge, preparing and briefing the judge on the issues to be before the Court for oral arguments that week.
January 1988 to October 1988
Law Offices of Mitchell Willoughby, Columbia, S.C.
Communications Law; Public Utility Law; Securities Law; Administrative Law; Transportation Law.
October 1989 to September 1991
Knox & Zacks, P.A., Augusta, Ga.
Medical malpractice defense of doctors and hospitals. Plaintiffs' construction litigation, real estate, contracts and auto torts.
September 1991 to November 1993
2nd Circuit Solicitors Office, Aiken, S.C.
Deputy Solicitor in charge of prosecution of all drug cases in Aiken, Barnwell & Bamberg Counties. Helped establish a Multi-Jurisdictional Drug Task Force between the law enforcement agencies in the circuit's 3 counties.
November 1993 to October 1995
Law Office of Ronald A. Maxwell, Aiken, S.C.
General Civil Practice; Trials in all State and Federal Courts; Automobile Accident; Personal Injury; Workers Compensation; Products Liability; Wrongful Death Law.
October 1995 to February 1999
Law Office of Thomas A. Russo, Edgefield, S.C.
General practice of law with an emphasis in Plaintiffs' personal injury work; Criminal defense, real estate, probate, contracts and adoptions.
March 1996 to February 1999
Tri-County Public Defender, Edgefield, McCormick & Saluda Counties
Served as the public defender for the referenced counties while continuing my private practice of law. I would represent indigent defendants during each term of General Sessions Court and maintain my private practice whenever General Sessions was not in session.
February 1999 to Present
12th Circuit Solicitors Office, Florence, S.C.
Deputy Solicitor focusing on violent crimes and drug cases. Prosecute those type cases in both Florence and Marion Counties."
Mr. Russo reported the frequency of his court appearances during the last five years as follows:
"(a)   federal:     None;
(b)   state:     Daily."
Mr. Russo reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   civil:     0% (My prior private practice was about 65%);
(b)   criminal:   100% (My prior private practice was about 30%);
(c)   domestic:   0% (My prior private practice was about 5%)."
Mr. Russo reported the percentage of his practice in trial court during the last five years as follows:
"(a)   jury:     30%;
(b)   non-jury:   70%."
Mr. Russo reported that he most often served as sole and/or chief counsel.
The following is Mr. Russo's account of his five most significant litigated matters:
"(a)   State v. Manuel Acosta, Indictment #01-GS-21-002. Jury Trial. GUILTY. I prosecuted Mr. Acosta and he was found guilty of Murder. He received a sentence of Life w/o Parole. This was an unusual trial in that Mr. Acosta did not speak English and we had to try the entire case with the aide of 2 Spanish speaking interpreters, one as the official Court interpreter and one to sit at the Defense table to interpret for the Defendant. I was assisted by one of our assistant solicitors who spoke fluent Spanish.
(b)   State v. Gregory Tucker, Indictment #01-GS-21-1503. Jury Trial. GUILTY all Counts. I prosecuted Mr. Tucker who was charged with Criminal Sexual Conduct 1st Degree, Kidnapping and Possession of a Weapon During the Commission of a Crime of Violence. He was found guilty on all counts. He received a sentence of 30 years on the CSC 1st and 30 years on the Kidnapping, concurrent to each other and an additional sentence of 5 years on the Possession of a Weapon charge to run consecutive to the two 30 year sentences. This was a difficult case in that it involved a young girl and the Defendant was a family friend who abducted her and violently raped her at knifepoint.
(c)   State v. Tracy Daniels, Indictment #00-GS-21-977. Jury Trial. GUILTY. I prosecuted Mr. Daniels who was charged with Murder. He was found guilty of Voluntary Manslaughter. He received a sentence of 26 years. Mr. Daniels and the victim were drinking and he shot the victim in the chest with a shotgun at close range. This case presented interesting forensic evidence and expert testimony regarding the firing of the shotgun and trigger-pull tests conducted on the weapon. There were also allegations of a homosexual confrontation between the victim and defendant.
(d)   State v. Mark Anthony Kennedy, Indictment #98-GS-41-525 and 526 Jury Trial. NOT GUILTY. I defended Mr. Kennedy who was charged with Armed Robbery and Possession of a Weapon During the Commission of a Crime of Violence. He was found not guilty on both counts. What was so interesting in this case was Mr. Kennedy actually gave a full written confession to law enforcement and wrote and sent a letter of apology to the victims while he was in jail awaiting disposition of his case. I was able to successfully argue to the Court that the written confession and the letter to the victim were inadmissible based on faulty Miranda warnings on the confession and failure to authenticate and produce a valid chain of evidence on the letter. Essentially, even though I had a client who was guilty, I was able to create a reasonable doubt to the jury by not putting my client on the stand nor putting up any case and just attack the State's case and the careless police work which was done.
(e)   Donnel Cummings v. Roger Boyd Stuart, Case #101-4772-F. Jury Trial. Verdict for Plaintiff (State of Georgia, Chatham County Superior Court). I represented the plaintiff in this automobile accident where both liability and damages were contested. This was a soft tissue case where my client, who was basically a homeless person, compromised his medical bills by not attending his follow-up treatments and re-hab appointments because he had no insurance or money. The liability was hotly contested and the jury did return a verdict for the plaintiff. However, because of the minimal medical bills and lack of expert testimony as to the plaintiffs damages, the jury awarded my client $ 1.00 in damages (Yes, $1.00!!) The judge did congratulate me in that my case was the 1st plaintiffs verdict he had had in his court in over 6 months. He just explained that even though the jury believed our case and found the defendant at fault, they just did not believe my client was hurt or injured. I made a motion for additure and it was denied."
The following is Mr. Russo's account of a civil appeal he has personally handled:
"James A. Furse and Sara B. Furse, Plaintiffs v. Timber Acquisition, a Limited Partnership, and Federal Paper Board Company, Inc., its General Partner, as Successors in Interest to Continental Can Company, Inc., Defendants, in the Supreme Court of South Carolina. Heard January 21, 1991 and Decided February 4, 1991, 303 S.C. 388, 401 S.E.2d 155."
Mr. Russo reported that he was a candidate for the resident Circuit Court Seat for the Twelfth Judicial Circuit in the fall of 2004.
(9)   Judicial Temperament:
The Commission believes that Mr. Russo's temperament would be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Advisory Committee reported that Mr. Russo "is qualified for election to the Circuit Court." The committee recommended Mr. Russo without reservation.
Mr. Russo is married to Cheryl Matthews Russo. He has two children.
Mr. Russo reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association;
(b)   Florence County Bar Association;
(c)   United States District Court Bar;
(d)   American Bar Association;
(e)   South Carolina Trial Lawyers Association;
(f)   National College of District Attorneys."
Mr. Russo provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"I am a member of the Central American Mission team at Lambs Chapel Church."
Mr. Russo further provided: "As you can see from my legal career, I have practiced in most all phases of law where a circuit court judge would preside; civil plaintiff, civil defense, criminal defense and criminal prosecution. This is not by chance. In attempting to prepare for my career goal of serving as a trial judge, I have sought these experiences so that, as a judge, I could have a working understanding of each of these areas. Although it may sound odd, I believe my 17 years as a high school football official has given me a rare and valuable experience in assisting me in handling many of the responsibilities a judge is required to handle. I have spent the last 13 years in the high school league at the position of Head Referee. For those years I have presided over more than 100 high school football games making sure the coaches and players play the game within the structure of the rules. When a rule is violated, I have been required to quickly recognize the infraction, apply the rule and correct the mistake. I have done this while treating both players and coaches with calmness, respect and professionalism. When you think about the trial courtroom, it is not much different, in theory, from what I am required to do on Friday nights. The judge is the Head Referee and the attorneys and litigants are the players and coaches. There are rules that apply and all parties must compete within those rules. Should one side violate a rule of the trial court, the judge is required to quickly spot the infraction, apply the rule and correct the mistake. Staying focused, alert and having a deep working understanding of the rules and knowing how to professionally treat the people who are participating in the contest is as critical in the courtroom for a trial judge as they are for a head referee on Friday night. And last but certainly not least, I have had more trial experience, at least in criminal court, than most attorneys who seek judgeships that have limited their practices to the civil side of law. Having been both a Public Defender and a Solicitor has given me invaluable trial experience. Just being in volume of jury trials that I have been in, even though mainly in criminal court, is a huge benefit in sitting as a trial judge whether it be a civil or criminal case."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Wilson meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Wilson was born on August 13, 1955. She is 49 years old and a resident of Conway, South Carolina. Judge Wilson provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1981.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Wilson.
Judge Wilson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Wilson reported that she has not made any campaign expenditures.
Judge Wilson testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Wilson testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Wilson to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions fell below the level of expectation generally met by applicants.
Judge Wilson described her continuing legal or judicial education during the past five years as follows:
"(a)   2000/4/3-7     S.C. Court Administration School for Magistrates and Municipal Judges;
(b)   2000/9/6-8     Summary Court Association's Seminar for Judges;
(c)   2001/1/26     Criminal Law Update;
(d)   2001/5/23     DUI 101;
(e)   2001/9/6     S.C. Summary Court;
(f)   2002/8/8     DUI Trial Advocacy;
(g)   2002/10/22     Contracts with Employees;
(h)   2002/9/4-8     Summary Court Advanced Studies;
(i)   2002/9/4-8     Summary Court Judges' Seminar;
(j)   2003/8/5     Fees & Assessments Seminar;
(k)   2003/9/29     DUI Trial Advocacy;
(l)   2003/9/4     Summary Court Judges Seminar;
(m)   2004/9/8-11     Summary Court Judges Seminar."
Judge Wilson reported that she has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.
Judge Wilson reported that she has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Wilson did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Wilson did not indicate any evidence of a current troubled financial status.
The Commission also noted that Judge Wilson was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Judge Wilson reported that she is not rated by Martindale-Hubbell.
(6)   Physical Health:
Judge Wilson appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Wilson appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Wilson was admitted to the South Carolina Bar in 1981 after taking the bar examination twice. She attributed as part of the reason for her failure her mother's terminal illness at the time, which the Commission accepted.
Judge Wilson provided the following account of her experience since graduation from law school:
"I worked at Neighborhood Legal Assistance in Beaufort, S.C. 1980-81. However, I did not make any court appearances until after I was admitted to the bar on May 14, 1981. Prior to that date, I performed paralegal duties.
1980-81:   Neighborhood Legal Assistance Program, Beaufort, South Carolina. Represented indigent defendants in Family Court, Court of Common Pleas, and administrative agencies.
1981-82:   Law Clerk to the Honorable Ernest A. Finney, Jr., Sumter, South Carolina. Assisted the Court in civil and criminal matters. Prepared orders and other research materials.
1982-83:   Palmetto Legal Services, Orangeburg, South Carolina. Represented indigent defendants in Family Court, Court of Common Pleas, and administrative agencies.
1983-85:   Department of Health and Environmental Control, General Counsel's Office, Columbia, South Carolina. Represented the Department before the Board, hearing officers and the Court of Common Pleas.
1986-88:   Horry County Public Defender's Office, Conway, South Carolina. Represented indigent defendants in General Sessions Court, including numerous felony cases.
1988-89:   Kelaher, Bass & Connell, PA, Surfside Beach, South Carolina. Associate in major law firm. Handled family court, civil and criminal cases.
1989-92:   Fifteenth Circuit Solicitor's Office, Conway, South Carolina. Prosecuted felony cases in General Sessions Court. Became chief drug prosecutor for Horry and Georgetown counties.
1992-95:   PPM Cranes, Inc., Conway, South Carolina. Counsel for manufacture of mobile cranes. Major responsibility was to monitor product liability litigation nationwide. Hired and supervised local counsel, prepared discovery requests, attended all mediations, settlement conferences and trials. Made recommendations to the CEO and CFO of settlements.
1995-2000:   Jennifer Peters, Attorney at Law, Conway, South Carolina. Solo family, civil and criminal practice.
2000-present: Chief Judge for the Myrtle Beach Municipal Court, Myrtle Beach, South Carolina. Responsible for court system and staff; preside over bench trials, jury trials, preliminary hearings, and bond hearing for all felony cases except murder and burglary first degree. Instituted night court hired first courtroom security officer with metal detector."
Judge Wilson further reported regarding her criminal and civil experience:
"For the past five years I have served as full time Chief Judge for the Municipal Court of Myrtle Beach. I preside over jury and non-jury trials, preliminary hearings, roster meetings as well as bond hearings for all general sessions offenses except murder and burglary first degree. Prior to 2000, I handled hundreds of felony cases both as an assistant solicitor and as an assistant public defender including one death penalty case on each side. I also represented criminal defendants while in private practice.
As for my civil experience, I was counsel for a major crane company for four years where I supervised their product liability litigation in the United States. While I did not actually try the cases, I attended and participated in discovery, attended and participated in all settlement conferences, mediations and trials. The company was self-insured for one million dollars. I also tried numerous civil cases while in private practice representing both plaintiffs and defendants. My civil practice consisted mostly of personal injury work on the plaintiff's side. During my time with legal aid and with DHEC, I appeared in civil court as well."
Judge Wilson reported the frequency of her court appearances during the last five years prior to her appointment to the bench as follows:
"(a)   federal:     0;
(b)   state:     Bi-monthly."
Judge Wilson reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years prior to her appointment to the bench as follows:
"(a)   civil:     20%;
(b)   criminal:   35%;
(c)   domestic:   45%."
Judge Wilson reported the percentage of her practice in trial court during the last five years prior to her appointment to the bench as follows:
"(a)   jury:     20%;
(b)   non-jury:   80%."
Judge Wilson provided that she most often served as sole counsel.
The following is Judge Wilson's account of her five most significant litigated matters:
"(a)   State v. Louis Barlow. This was my only capital case as a defense attorney. Mr. Barlow was charged with armed robbery and murder of an eighty-year-old woman. He stabbed her thirty-two times with a ballpoint pen. During the trial, the solicitor offered him a plea to a life sentence. This was significant because it was my first death penalty case.
(b)   State v. Cleveland Eaddy. I prosecuted this death penalty case with the deputy solicitor. Mr. Eaddy was sentenced to life. It was significant because it was my only death penalty case as a prosecutor.
(c)   Michael Burgess v. Valerie Bradley. This was a highly contested custody matter where my client prevailed. The defendant appealed and it was dismissed.
(d)   State v. 'Top Cat' Richard Allen. 'Top Cat' was known as a major drug dealer. He was convicted of trafficking cocaine and sentenced to 25 years.
(e)   United States Marine Corp. v. James Smith. This sergeant was charged with raping another marine's wife. I represented him at an Article 31 hearing before the Judge Advocate General in Paris Island. The charges were dismissed. It was significant to me because I learned so much about military procedures and law."
Judge Wilson reported: "I was appointed on December 28, 1999 by the Myrtle Beach City Council to serve as full time Chief Judge for the Municipal Court for a four-year term. I was reappointed in January 2004 for a second four-year term. We have jurisdiction in criminal matters where the maximum penalty is thirty days or one thousand dollars."
(9)   Judicial Temperament:
The Commission believes that Judge Wilson's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Advisory Committee reported: "Based on our investigation and interview, the committee finds that Jennifer Peters Wilson is qualified for election to the Circuit Court. The committee recommends her without reservation."
Judge Wilson is married to Ralph James Wilson. She has two children and two stepchildren.
Judge Wilson reported that she was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   South Carolina Summary Court Judges Association;
(c)   National Bar Association;
(d)   Horry County Bar Association."
Judge Wilson provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Conway Chapter of Delta Sigma Theta Sorority, Inc.;
(b)   Board of Directors for the Horry County Chapter of the American Heart Association;
(c)   Conway Chapter of Jack and Jill of America, Inc.;
(d)   Friendship Missionary Baptist Church in Conway."

Commission's Findings:   QUALIFIED AND NOMINATED

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Gibbons meets the qualifications prescribed by law for judicial service as a Family Court judge.
Mr. Gibbons was born on November 24, 1966. He is 38 years old and a resident of Chester, South Carolina. Mr. Gibbons provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1992.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Gibbons.
Mr. Gibbons demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Gibbons reported that he has not made any campaign expenditures.
Mr. Gibbons testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Gibbons testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Mr. Gibbons to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Gibbons described his continuing legal or judicial education during the past five years as follows:
"I normally attend more than required each year, typically the "Hot Tips" seminars relating to family law, the Municipal Attorneys Association conference, and the S.C. Trial Lawyers convention. My hours usually carry over into the next year. I did complete the Family Court Mediation program in February 2002. My certification is up to date.
(a)   S.C. Family Court Bench/Bar, 12/99-12/04;
(b)   Hot Tips from the Best Domestic Practitioners, 9/99- 9/04;
(c)   Cool Tips from the Hottest Domestic Practitioners, 4/01-4/04;
(d)   SCTLA conventions in 2003 and 2004:

Family Law courses and an Employment Law seminar (2004)."
Mr. Gibbons reported the following regarding law-related courses he has taught:
"I spoke at the December 2003 Municipal Attorneys Association seminar on the status of invocations at municipal council meetings in light of the federal courts' rulings against the Town of Great Falls, South Carolina. I am the town attorney."
Mr. Gibbons reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Mr. Gibbons did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Gibbons did not indicate any evidence of a troubled financial status. Mr. Gibbons has handled his financial affairs responsibly.
The Commission also noted that Mr. Gibbons was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Mr. Gibbons reported that his Martindale-Hubbell rating is "BV."
Mr. Gibbons provided the following information relating to public positions he has held:
"City Attorney for Chester from 1994 - 2000;
Town Attorney for Fort Lawn from 1998 until January 2005.

Town Attorney for Great Falls from1997 to the present."
All of the above positions were appointed.
(6)   Physical Health:
Mr. Gibbons appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Gibbons appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Gibbons was admitted to the South Carolina Bar in 1992. The following is his account of his legal experience since graduation from law school:
"Associate, Hamilton, Hamilton & Delleney, PA
August 1992 - December 1993.
Partner, Hamilton, Delleney & Gibbons, PA
1994 - Present.
City Attorney, Chester
1994 - 2000.
Town Attorney, Great Falls
1997 - Present.
Town Attorney, Fort Lawn
1998 - January 2005.
I have been involved in a general practice law firm since coming to Chester out of law school. I have primarily practiced in the areas of family law, criminal, and personal injury for the last twelve years. I have practiced in bankruptcy court and have represented clients in civil litigation in common pleas and magistrate courts--both plaintiff and defense. I have represented the municipalities of Chester, Great Falls, and Fort Lawn in various litigations."
Mr. Gibbons provided the following additional information relative to his experience in Family Court:
"DIVORCE AND EQUITABLE DIVISION:
I have litigated every ground of divorce so I am familiar with the standards of proof needed to sustain such grounds. This past year I handled numerous adultery, habitual drunkenness, and physical cruelty cases. Many clients end up getting divorced on one year's separation or just get separated with a decree of separate maintenance and support. I have drafted numerous separation agreements as well. All of these actions included dividing property and debts of some kind. I have handled valuation of business cases, large asset (both tangible and non-tangible) cases, construction company cases, farm cases, and residential and commercial property cases. I have also handled military retirement issues and have drafted numerous QDROS. I am currently handling approximately 200 active Family Court matters. I am also a certified Family Court mediator.
CHILD CUSTODY:
I have represented mothers, fathers, grandparents, aunts, uncles, etc. in custody cases over the last 12 years. I have also represented guardians ad litem and have been a guardian myself in too many cases to list. I just recently tried a modification of custody case where I represented the relocating mother. This is a developing area of Family Law right now. The mother received a directed verdict in her favor. I am also involved in a derivative grandparent visitation case right now pending in York County Family Court along with numerous other custody cases. I also mediate custody cases.
ADOPTION:
I just did an adult adoption two weeks ago. I have handled adoptions through DSS as well as private adoptions, representing grandparents, stepparents, and new parents. I am very familiar with this area of family law.
ABUSE AND NEGLECT:
I just tried a DSS TPR case in January where I represented the mother. I have handled all the court appointments in abuse and neglect cases for our firm for the past 12 years. I have represented all facets of these type cases, from the parents to the children to the possible placement for the children. Every term of court I am involved with these cases, from probable cause hearings to merits to reviews to permanency planning hearings, and even eventual TPRs, if the parents do not complete their treatment plans. I am very familiar with this area of family law.
JUVENILE JUSTICE:
As with abuse and neglect appointments, I have handled all the juvenile appointments for our firm for the past 12 years or so in addition to retained cases. A good portion of my practice has always been criminal defense. I have represented juveniles on status offenses and major offenses where they were facing commitment, not just R&E. I am very familiar with this area of family law."
Mr. Gibbons reported the frequency of his court appearances during the last five years as follows:
"(a)   federal:     Several cases with associated counsel. U.S. Court of Appeals in June 2004, Cert. Pending in U.S. Supreme Court;
(b)   state:     Weekly, anywhere from magistrate to family to common pleas to general sessions. Case pending in Court of Appeals."
Mr. Gibbons reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   civil:     10%;
(b)   criminal:   20%;
(c)   domestic:   70%."
Mr. Gibbons reported the percentage of his practice in trial court during the last five years as follows:
"(a)   jury:     10%;
(b)   non-jury:   90%."
Mr. Gibbons reported that he most often served as sole counsel.
The following is Mr. Gibbons' account of his five most significant litigated matters:
"(a) Wagner v. Wagner. Family Court case which went all the way up to South Carolina Supreme Court. Won every step of the way. Had numerous contempt hearings. Client was awarded significant amounts of real estate and custody. SCDSS became intertwined as well. Significant because just about all areas of family law were covered in this one case. Everything was contested. Husband had to be ruled in for contempt on numerous occasions. SCDSS got involved with abuse and neglect issues. Per curiam unpublished decisions in both the Court of Appeals and Supreme Court in favor of client.
(b) Ford v. McNulty. Grandparent visitation case pending in York County Family Court. Deals with novel issue of derivative rights of maternal grandparents to their grandchildren when their daughter, the children's mother, is deceased. Father refuses any contact at all. Troxel case and recent S.C. case law does not answer the question. Potentially precedent setting.
(c) Toth v. Toth. Significant equitable apportionment case just settled. Dealt with valuation of a construction company where the husband was the sole shareholder. Both parties had CPAs attempting to value the business, which was difficult because without the husband, there was no business. Matter was litigated for three years and involved almost all areas of domestic practice.
(d) Town of Fort Lawn v. LRF, Budget and Control Board. The town was sued by its ex-police chief on both a contract theory and tort theory. Town's carrier refused to cover alleging contractual in nature. We sued in a declaratory judgment action and won the case. LRF had to provide coverage, hired an employment law expert and the case was dismissed in favor of the town.
(e) State of South Carolina v. Camille Hankins. I tried this case back in 1995. My client was charged with cruelty to animals. She had in excess of 80 dogs and cats in her house. A representative of PETA charged her and we had a day long trial in magistrate's court in front of a jury. Significant for the intense media scrutiny, both regional and national with PETA. Client convicted, received a small fine and last I heard is still rescuing animals in North Carolina.
(f) Kirby v. Kirby. Client was awarded temporary custody of the children and received unallocated support of approximately $2,500 per month, use of a new suburban (husband was a car dealer) and use of the home. After two and one-half years, client received very favorable settlement where she got the house and all equity and significant child support. Husband's claims of adultery on part of wife were successfully defended and case settled."
The following is Mr. Gibbons' account of five civil appeals he has personally handled:
"(a)   Wagner v. Wagner, S.C. Supreme Court, S.C. Court of Appeals. Per Curiam Unpublished Decisions. Ended May 2000;
(b)   Scott v. Scott, S.C. Court of Appeals. Unpublished;
(c)   Ewing v. Ewing, S.C. Court of Appeals. Unpublished;
(d)   Sladek v. Sladek, Pending In Court of Appeals;
(e)   Adkins v. Piedmont Medical Center, settled In U.S. Court of Appeals."
(9)   Judicial Temperament:
The Commission believes that Mr. Gibbons' temperament would be excellent.
(10)   Miscellaneous:
The Piedmont Citizens Advisory Committee reported that Mr. Gibbons is "very qualified for the position he is seeking."
Mr. Gibbons is married to Lorena C. Gibbons. He has three children.
Mr. Gibbons reported that he was a member of the following bar associations and professional associations:
"(a)   S.C. Bar Association;

Sixth Circuit Representative, Young Lawyers Division;
(b)   S.C. Trial Lawyers Association-Board of Governors, Sixth Circuit Representative;
(c)   Chester County Bar-Secretary/Treasurer;
(d)   Municipal Attorneys Association."
Mr. Gibbons provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Chester Rotary Club, Past President, Paul Harris Fellow;
(b)   Chester YMCA Board, Past President;
(c)   Chester/Fairfield Citadel Club, Past President, Secretary/Treasurer;
(d)   Blackstock Bluegrass, Inc., Past President;
(e)   The Citadel Alumni Association;
(f)   Richard Winn Academy, Board Member;
(g)   Palmetto Boys State Staff;
(h)   Board of Deacons, Chester ARP Church, Chairman."
Mr. Gibbons additionally reported: "I have always been very involved in my church and community. I coach all of my children in their various sports."

Commission member F.G. Delleney, Jr. recused himself during the screening testimony of Mr. Gibbons and abstained from voting on his nomination as a judicial candidate.

The following candidates were found qualified and nominated:
Debra J. Gammons   Circuit Court At-Large Seat 12
Frederick A. "Rick" Hoefer II   Circuit Court At-Large Seat 12
Thomas A. Russo .   Circuit Court At-Large Seat 12
Brian M. Gibbons   Family Court for the Sixth Judicial Circuit, Seat 1

Received as information.

The following was received:

Columbia, S.C., May 3, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Gregory, McGill and Hutto of the Committee of Free Conference on the part of the Senate on S. 212:

S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. V. Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews, Rankin and Campsen: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 3, 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. 418:

S. 418 (Word version) -- Senators Hayes and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 61 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

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

May 4, 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 Bicycle Pedestrian Caucus and the Palmetto Cycling Coalition, the Members and staff of the South Carolina House of Representatives are invited to the annual Bicycle Month Breakfast. This event will be held on Wednesday, May 18, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Natalie C. Britt
Executive Director

May 4, 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 Alltel, Bellsouth, Duke Energy, Electric Cooperatives of SC, Piedmont Municipal Power Agency, Piedmont Natural Gas, Progress Energy, SCANA, SC Cable Television Assoc., SC Telephone Coalition, Sprint and Verizon, the Members and staff of the South Carolina House of Representatives are invited to the 5th Annual Legislative Spring Fling. This event will be held on Tuesday, May 24, 2005, from 6:00 p.m. until 10:00 p.m. at the University House.

Sincerely,
Gene Upchurch, Progress Energy
Vice-President, State Public Affairs

The following were received and referred to the appropriate committee for consideration:

Document No. 2970
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, -210, 50-3-100, 50-11-10, -65, -105, -310, -335, -350, -390, -430, -500, -520, -530, -854, -2200
Seasons, Limits, Methods of Take and Special Use Restrictions on WMA's and Turkey Hunting
Received by Speaker of the House of Representatives
May 4, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration September 1, 2005 (Subject to Sine Die Revision)

Document No. 2969
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-210, 50-3-100, 50-11-10, -65,-105,-310,-335,-350,-390,-430,-500,-520,-530,-854,-2200
Wildlife Management Area Regulations
Received by Speaker of the House of Representatives
May 4, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration September 1, 2005 (Subject to Sine Die Revision)

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3672 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 38-43-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF A PRODUCER'S LICENSE AND THE LAPSING OF A LICENSE ON RENEWAL FOR NONPAYMENT OF A FEE, SO AS TO CHANGE THE PROCEDURE FOR REINSTATING A LICENSE FOR NONPAYMENT OF A FEE OR FAILURE TO COMPLY WITH THE CONTINUING EDUCATION REQUIREMENT.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3899 (Word version) -- Reps. Cato, Cooper, Anthony, Duncan, Hayes, Jennings, M. A. Pitts and W. D. Smith: A BILL TO AMEND SECTION 44-75-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR ATHLETIC TRAINER CERTIFICATION, SO AS TO PROVIDE AN APPLICANT MUST PASS THE NATIONAL ATHLETIC TRAINER'S BOARD OF CERTIFICATION, INC., EXAMINATION AND TO DELETE PROVISIONS REQUIRING SPECIFIC BACHELOR OF SCIENCE OR FOUR YEAR COLLEGE DEGREE REQUIREMENTS.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 348 (Word version) -- Senators Thomas and J. V. Smith: A BILL TO AMEND SECTION 45-2-70 OF THE 1976 CODE, RELATING TO THE POSTING OF RULES IN LODGING ESTABLISHMENTS, TO REQUIRE THE POSTING OF A NOTICE REQUIRED BY SECTION 45-5-80; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-80 TO PROVIDE THAT ALL LODGING ESTABLISHMENTS WITHOUT A SPRINKLER SYSTEM MUST POST A NOTICE IN A CONSPICUOUS PLACE AT OR NEAR THE GUEST REGISTRATION DESK; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-90 TO REQUIRE THAT INSURANCE COMPANIES THAT PROVIDE PROPERTY INSURANCE FOR HOTELS THAT HAVE WATER SPRINKLER SYSTEMS THAT ARE NOT IN COMPLIANCE WITH NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS MUST INCLUDE A STATEMENT IN THE INSURED'S INSURANCE RENEWAL NOTICE THAT CALCULATES THE PREMIUM SAVINGS THE INSURED WOULD REALIZE IF THE MOTEL'S SPRINKLER SYSTEM WAS COMPLIANT WITH THOSE STANDARDS.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3796 (Word version) -- Reps. Cato, Huggins and Ballentine: A BILL TO AMEND CHAPTER 60, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, INCLUDING AMONG OTHER THINGS, REVISIONS OF THE CLASSROOM OR COURSE HOURS REQUIRED TO QUALIFY FOR THE DESIGNATED LEVELS OF APPRAISAL PERMITS, LICENSURE, AND CERTIFICATION.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3457 (Word version) -- Reps. White, Rivers, Duncan, G. R. Smith, Limehouse, Bailey, Hagood, Hamilton, Martin, M. A. Pitts, Scarborough, Sinclair, Vaughn, Young and Altman: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25, SO AS TO PROVIDE THAT CONSISTENT WITH THE RESPONSIBILITY OF THE STATE OF SOUTH CAROLINA, TO PROTECT, CONSERVE, AND REPLENISH THE NATURAL RESOURCES OF THIS STATE, THE PEOPLE OF SOUTH CAROLINA HAVE THE RIGHT TO HUNT, FISH, AND TAKE GAME SUBJECT TO REASONABLE RESTRICTIONS PRESCRIBED BY LAW RELATING TO METHODS, TIMES, AND LOCATIONS OF HUNTING, FISHING, AND TAKING GAME, THE RIGHTS OF THE OWNERS OF REAL PROPERTY AFFECTED BY HUNTING, FISHING, AND TAKING GAME, AND THE HEALTH AND SAFETY OF THE PEOPLE OF THE STATE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 427 (Word version) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory, J. V. Smith, Courson, Elliott, Alexander, Moore, Drummond, Hayes, Scott, Land, Williams, Thomas, Hutto and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS, UNLESS EXTENDED BY A TWO-THIRDS VOTE, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3539 (Word version) -- Reps. Wilkins, Harrison, Harrell, G. M. Smith, Young, Simrill, Cobb-Hunter, Altman, Sinclair, Talley, J. E. Smith, Coleman, Agnew, Whipper, Emory, Hagood, G. R. Smith, Hamilton, Tripp, Loftis and Vaughn: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND OPERATION OF THE DIVISION OF APPELLATE DEFENSE, AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE COMMISSION AND OFFICE OF APPELLATE DEFENSE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3051 (Word version) -- Reps. Sinclair, Harrison, Mahaffey and Umphlett: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS, SO AS TO FURTHER DEFINE A "COUNTERFEIT MARK", TO ESTABLISH FELONIES FOR THE USE OF, TRAFFICKING IN, AND PRODUCTION OF A COUNTERFEIT MARK, TO PROVIDE FOR SEIZURE AND SALE OF ITEMS IN CONNECTION WITH THE USE OF A COUNTERFEIT MARK, AND TO PROVIDE FOR INVESTIGATORY POWERS OF THE SECRETARY OF STATE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3928 (Word version) -- Reps. Sinclair, Delleney, Littlejohn, Walker, Jennings and Altman: A BILL TO AMEND SECTION 40-47-213, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCLOSURE OF INFORMATION RELATING TO BOARD PROCEEDINGS, SO AS TO FURTHER PROVIDE WHEN CERTAIN INFORMATION MUST BECOME AVAILABLE FOR PUBLIC INSPECTION AND COPYING, PROVIDE THE PROCESS FOR WHEN A PROCEEDING BECOMES PUBLIC, PROVIDE WHEN A WITNESS MAY PETITION THE BOARD TO CLOSE THE HEARING OR RECORD, AND PROVIDE WHEN THE BOARD MAY ISSUE AN ORDER TO PROTECT THE WITNESS FROM HARM SHOWN TO BE PROBABLE FROM PUBLIC DISCLOSURE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3730 (Word version) -- Reps. Lucas, Cotty and Sinclair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-560 SO AS TO PROVIDE THAT UPON AN OWNER OF A MANUFACTURED HOME MEETING ALL REQUIREMENTS FOR RETIRING THE TITLE CERTIFICATE ON HIS MANUFACTURED HOME AND HAVING THE MANUFACTURED HOME AND THE REAL PROPERTY TO WHICH IT IS AFFIXED CLASSIFIED AS REAL PROPERTY, THE REGISTER OF DEEDS OR CLERK OF COURT IN THE COUNTY WHERE IT IS LOCATED MUST TREAT THIS PROPERTY FOR ALL PURPOSES AS REAL PROPERTY AND MAY NOT IN ANY PARTICULARS STILL TREAT THE MANUFACTURED HOME AS PERSONAL PROPERTY.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 318 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE CONTIGUITY FOR PURPOSES OF MUNICIPAL INCORPORATION.
Ordered for consideration tomorrow.

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

H. 4031 (Word version) -- Reps. Cato, Allen, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp and Vaughn: A HOUSE RESOLUTION TO AUTHORIZE THE CLERK OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO SELECT AN ARTIST TO PAINT THE PORTRAIT OF THE HONORABLE DAVID H. WILKINS OF GREENVILLE, SOUTH CAROLINA, TO BE PLACED APPROPRIATELY IN THE HALL OF THE HOUSE OF REPRESENTATIVES UPON ITS COMPLETION.

Whereas, the Honorable David H. Wilkins of Greenville, South Carolina, has been a member of the South Carolina House of Representatives for twenty-five years and at the time of his election in December of 1994 was the first Republican-elected Speaker of any state legislative body in the South since Reconstruction; and

Whereas, David Wilkins quickly rose to a position of leadership in the House serving with distinction as Chairman of the Judiciary Committee for six years and then as Speaker Pro Tempore for two years before being elected Speaker; and

Whereas, over the years he has guided the House through such complex issues as welfare reform, property tax relief, education accountability, LIFE scholarships, judicial reform, government restructuring, truth in sentencing, and most recently major tort and medical malpractice reform; and

Whereas, David Wilkins was also instrumental in crafting historic ethics reform and played a critical role in the turbulent fight to ban video poker in the State; and

Whereas, during his tenure as Speaker, he has continuously upheld the integrity of the House of Representatives and is known for the professionalism, energy, dedication, and determination with which he conducted the business of the House; and

Whereas, though his public accomplishments are many, the Speaker is also the devoted husband of wife Susan and the proud father to two sons: James and Robert; and

Whereas, it is with great pleasure and respect that his colleagues desire to recognize his strength, loyalty, and leadership for more than two decades in his beloved House of Representatives and to publicly applaud his dedication to the high calling of public service. Now, therefore,

Be it resolved by the House of Representatives:

That the Clerk of the South Carolina House of Representatives is authorized to select an artist to paint the portrait of the Honorable David H. Wilkins of Greenville, South Carolina, to be placed appropriately in the Hall of the House of Representatives upon its completion.

The Resolution was adopted.

The following was introduced:

H. 4032 (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, 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, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING MRS. RUTH BROWN OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER CHURCH, FAMILY, AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 4033 (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, 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, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING MRS. VIRGINIA JOHNSON OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER CHURCH, FAMILY, AND FRIENDS.

The Resolution was adopted.

The Senate sent to the House the following:

S. 809 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE LOWER RICHLAND HIGH SCHOOL BASKETBALL SENSATION MIKE JONES FOR HIS OUTSTANDING ACHIEVEMENTS AS A STAR ATHLETE FOR THE DIAMOND HORNETS AND FOR BEING NAMED SOUTH CAROLINA CLASS AAAA MEN'S HIGH SCHOOL BASKETBALL PLAYER OF THE YEAR FOR THE SECOND CONSECUTIVE YEAR BY THE STATE NEWSPAPER.

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

The Senate sent to the House the following:

S. 817 (Word version) -- Senators Malloy, Short, Patterson, Ford, Jackson, McConnell, Williams, Elliott, Lourie, Martin, Matthews, Richardson and Courson: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE ERNEST F. "FRITZ" HOLLINGS, DISTINGUISHED FORMER GOVERNOR AND UNITED STATES SENATOR OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MAY 11, 2005.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 4034 (Word version) -- Rep. Davenport: A BILL TO ENACT THE "SOUTH CAROLINA MEDICAID ACCOUNTABILITY AND HEALTH AND HUMAN SERVICE AGENCIES REORGANIZATION ACT OF 2005", SO AS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 2 TO ESTABLISH THE JOINT MEDICAID REVIEW COMMITTEE TO REVIEW AND MONITOR MEDICAID SPENDING; TO ADD ARTICLE 10 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE INFORMATION TECHNOLOGY PLANNING TEAM TO DEVELOP PLANS FOR THE EFFICIENT AND EFFECTIVE USE OF INFORMATION TECHNOLOGIES BY HEALTH AND HUMAN SERVICE AGENCIES; TO ADD ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH PROVISIONS FOR THE EFFECTIVE MANAGEMENT OF MEDICAID, INCLUDING IMPLEMENTING CARE MANAGEMENT PROGRAMS AND PHARMACY BENEFIT MANAGEMENT PROGRAMS, REGULARLY CONVENING DIRECTORS OF AGENCIES THAT RECEIVE MEDICAID FUNDS TO MONITOR, AMONG OTHER THINGS, MEDICAID GROWTH AND SPENDING; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP ELIGIBILITY DETERMINATION CRITERIA FOR MEDICAID APPLICANTS; TO AMEND SECTION 44-6-80, RELATING TO REPORTS CONCERNING THE COST EFFECTIVENESS OF THE MEDICAID PROGRAM, SO AS TO FURTHER SPECIFY CONTENTS OF THESE REPORTS AND TO REQUIRE THESE REPORTS TO BE PUBLISHED ON THE AGENCY'S INTERNET WEBSITE; TO AMEND ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE PROCEDURES FOR MEDICAID FRAUD AND ABUSE MANAGEMENT; TO ADD SECTION 12-21-625 SO AS TO ESTABLISH THE HEALTH AND HUMAN SERVICE AGENCY FUND WHICH SHALL RECEIVE A 1.5 CENT PER CIGARETTE SURTAX FOR A ONE-TIME FUNDING OF THE DEPARTMENT OF SOCIAL SERVICES STATEWIDE AUTOMATED CHILD SUPPORT ENFORCEMENT SYSTEM, FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HEALTHY PEOPLE 2010, FOR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, FOR THE DEPARTMENT OF MENTAL HEALTH, AND FOR THE DEPARTMENT OF HEALTH SERVICES INFORMATION TECHNOLOGY PLANNING TEAM; TO ADD ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO ENACT THE STATE PHARMACY ASSISTANCE PROGRAM WHICH ELIMINATE SCRIPTS, SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING FOR SAVINGS, AND ESTABLISHES A NEW PROGRAM TO ASSIST LOW-INCOME MEDICARE ELIGIBLE PERSONS WITH THEIR PRESCRIPTION DRUG COSTS; TO ADD ARTICLE 3 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE OFFICE OF BEHAVIORAL HEALTH SERVICES IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO TRANSFER TO THIS OFFICE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, AND THE DEPARTMENT OF MENTAL HEALTH, AND TO ABOLISH THE SOUTH CAROLINA MENTAL HEALTH COMMISSION; TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO THE LICENSURE AND REGULATION OF CHILDCARE FACILITIES, SO AS TO TRANSFER CHILDCARE LICENSURE AND REGULATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO ADD SECTION 1-30-350 SO AS TO PROVIDE THAT REORGANIZING AND CONSOLIDATING STATE AGENCIES IS IN AN EFFORT TO STREAMLINE GOVERNMENT AND ACHIEVE ADMINISTRATIVE COST SAVINGS AND TO DIRECT THE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD TO ASSIST IN THE REORGANIZATION OF THE AGENCIES AFFECTED BY THIS ACT AND TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CARRY OUT CERTAIN FUNCTIONS IN ORDER TO IMPLEMENT THIS REORGANIZATION; TO AMEND CHAPTER 25, TITLE 43, RELATING TO THE SOUTH CAROLINA COMMISSION FOR THE BLIND, SO AS TO ESTABLISH THE DIVISION OF SERVICES FOR THE BLIND WITHIN THE SOUTH CAROLINA STATE AGENCY FOR VOCATIONAL REHABILITATION, TO ABOLISH THE COMMISSION AND TRANSFER ITS POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA STATE AGENCY FOR VOCATIONAL REHABILITATION, RETAINING CERTAIN PROGRAM RESPONSIBILITIES FOR THE DIVISION AND MERGING OTHER RESPONSIBILITIES, INCLUDING ADMINISTRATIVE FUNCTIONS OF THE FORMER COMMISSION WITH THE STATE AGENCY FOR VOCATIONAL REHABILITATION; TO AMEND CHAPTER 31, TITLE 43, RELATING TO VOCATIONAL REHABILITATION, SO AS TO CONFORM THIS CHAPTER TO PLACING THE DIVISION OF THE BLIND UNDER THIS AGENCY AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 43-21-10, AS AMENDED, RELATING TO THE DIVISION ON AGING IN THE GOVERNOR'S OFFICE, SO AS TO PLACE THIS DIVISION IN THE OFFICE OF THE LIEUTENANT GOVERNOR AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 43-21-20, 43-21-45, 43-21-60, 43-21-70, AND 43-21-100, ALL AS AMENDED, SECTION 43-21-110, AND 43-21-150, AS AMENDED, ALL RELATING TO THE DIVISION ON AGING AND THE ADVISORY COUNCIL ON AGING, SO AS TO ESTABLISH THE ADVISORY COMMITTEE ON AGING, TO ASSIGN RESPONSIBILITIES OF THE COORDINATING COUNCIL AND THE LONG TERM CARE COUNCIL TO THE ADVISORY COMMITTEE ON AGING, TO MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE PROVISIONS TO AMENDMENTS SET FORTH IN THIS ACT; AND TO REPEAL SECTIONS 43-21-120, 43-21-130, AND 43-21-140, RELATING, RESPECTIVELY, TO THE COORDINATING COUNCIL AND THE LONG TERM CARE COUNCIL AND ITS DUTIES, ARTICLE 11, CHAPTER 23, TITLE 12, RELATING TO INDIGENT HEALTH CARE, SECTIONS 44-9-30, RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
Referred to Committee on Ways and Means

H. 4035 (Word version) -- Reps. Harrell, Wilkins, Chellis, Thompson, Cotty, Huggins, Clark, Bales, Neilson, Hosey, J. E. Smith, Frye, Altman, Anthony, Bailey, Battle, Bowers, Branham, Cato, Cobb-Hunter, Cooper, Davenport, Delleney, Hagood, Hardwick, Haskins, J. Hines, Hinson, Kirsh, Leach, Mahaffey, McLeod, Miller, J. H. Neal, Norman, Ott, Owens, Rhoad, Rice, Scarborough, Scott, D. C. Smith, G. R. Smith, Talley, Taylor, Vaughn, Walker, White, Witherspoon and Young: A BILL TO AMEND CHAPTER 45, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO ESTABLISH A VENTURE CAPITAL AUTHORITY WITHIN THE DEPARTMENT OF COMMERCE TO SOLICIT INVESTMENT PLANS FOR RAISING AND INVESTING VENTURE CAPITAL PURSUANT TO THE VENTURE CAPITAL INVESTMENT ACT AND TO REVISE AND FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS UNDER WHICH VENTURE CAPITAL IS RAISED AND INVESTORS RECEIVE STATE TAX CREDITS FOR THEIR INVESTMENT; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CONSOLIDATED PROCUREMENT CODE, SO AS TO EXEMPT THE VENTURE CAPITAL AUTHORITY, AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT PRIVATE INVESTMENT AND OTHER PROPRIETARY FINANCIAL DATA PROVIDED TO THE VENTURE CAPITAL AUTHORITY BY A DESIGNATED INVESTOR GROUP OR AN INVESTOR.
Referred to Committee on Ways and Means

S. 808 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY.
Referred to Richland Delegation

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

Agnew                  Altman                 Anthony
Bailey                 Bales                  Ballentine
Barfield               Battle                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cooper                 Dantzler
Delleney               Duncan                 Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
Hinson                 Hiott                  Hosey
Huggins                Jefferson              Kirsh
Leach                  Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Miller
J. H. Neal             J. M. Neal             Norman
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Rivers                 Rutherford             Sandifer
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
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Walker
Whipper                White                  Whitmire
Wilkins                Young

I came in after the roll call and was present for the Session on Wednesday, May 4.

Wallace Scarborough               William Bowers
Catherine Ceips                   Tracy Edge
Mack Hines                        Bill Cotty
Kenneth Kennedy                   Carl Anderson
Glenn Hamilton                    Thad Viers
Creighton Coleman                 Leon Howard
Becky Martin                      Denny Neilson
William Witherspoon               David Mack
Karl Allen                        H.B. "Chip" Limehouse
Douglas Jennings                  Walton McLeod
Kenny Bingham                     Thomas Rhoad
Ralph Davenport                   Fletcher Smith
Brenda Lee                        David Weeks

Reps. COTTY and SIMRILL signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 3.

Announcement was made that Dr. Thomas W. Jarecky of Greenville is the Doctor of the Day for the General Assembly.

Rep. JEFFERSON presented to the House the Timberland High School Lady Wolves Basketball Team, the 2005 AAA Champions, their coach and other school officials.

Rep. SCOTT presented to the House the W. J. Keenan High School staff, students and other school officials for winning the 2005 Palmetto's Finest Award.

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. 3264 (Word version)
Date:   ADD:
05/04/05   ALTMAN

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, Rep. RUTHERFORD having the floor:

H. 3984 (Word version) -- Reps. Leach, Haskins, G. M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E. H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett, Hamilton and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD THAT A PERSON IS GUILTY OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE IF THE PERSON INTENTIONALLY COMMITS AN ASSAULT AND BATTERY IN THE PHYSICAL PRESENCE OF A MINOR CHILD AND TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE PENALTIES PROVIDED FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE IF A PETITION FOR RELIEF IS FILED AND A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS PENDING OR SUBSEQUENTLY FILED, THE COURT SHALL PROCEED WITH THE PETITION FOR RELIEF INDEPENDENT FROM THE ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE.

Rep. RUTHERFORD proposed the following Amendment No. 9 (Doc Name COUNCIL\MS\7471AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 16-25-20(B), (C), and (D), as contained in SECTION 4, page 3, beginning on line 32, and inserting:
/ (B)   Except as otherwise provided in this section, a person who violates subsection (A) is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence fine conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection may be tried in magistrates court.
(C)   A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five hundred thousand dollars and imprisoned not more than thirty days one year. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection may be tried in magistrates court.
(D)   A person who violates subsection (A) after previously having been convicted of two violations of subsection (A) within the previous ten years or two violations of Section 16-25-65 within the previous ten years or a violation of subsection (A) and a violation of Section 16-25-65 within the previous ten years is guilty of a misdemeanor felony and, upon conviction, must be imprisoned not less than ninety days but not more than three five years. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. /
Amend the bill further, by deleting in its entirety Section 16-25-65(B), as contained in SECTION 5, page 6, beginning on line 9, and inserting:
/ (B)   A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. The court may suspend the imposition or execution of all or part of the sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD continued speaking.

Rep. HARRISON moved to table the amendment, which was agreed to by a division vote of 26 to 9.

Rep. RUTHERFORD proposed the following Amendment No. 10 (Doc Name COUNCIL\MS\7470AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 16-25-65(B), as contained in SECTION 5, page 6, beginning on line 9, and inserting:
/ (B)   A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years. The court may suspend the imposition or execution of all or part of the sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 43 to 9.

Rep. RUTHERFORD proposed the following Amendment No. 12 (Doc Name COUNCIL\MS\7468AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 16-25-20(C), as contained in SECTION 4, page 4, beginning on line 1, and inserting:
/ (C)   A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five hundred thousand dollars and imprisoned not more than thirty days one year. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection may be tried in magistrates court. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 44 to 15.

Rep. RUTHERFORD proposed the following Amendment No. 13 (Doc Name COUNCIL\MS\7469AHB05), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety Section 16-25-20(D), as contained in SECTION 4, page 4, beginning on line 14, and inserting:
/ (D)   A person who violates subsection (A) after previously having been convicted of two violations of subsection (A) within the previous ten years or two violations of Section 16-25-65 within the previous ten years or a violation of subsection (A) and a violation of Section 16-25-65 within the previous ten years is guilty of a misdemeanor felony and, upon conviction, must be imprisoned not less than ninety days but not more than three five years. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 35 to 5.

Rep. DAVENPORT proposed the following Amendment No. 16 (Doc Name COUNCIL\MS\7475AHB05), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION ___.   Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:

"Section 16-25-140.   Notwithstanding another provision of law, magistrates, municipal court judges, family court judges, and circuit court judges have the authority to order that the parties involved in a criminal domestic violence offense pursuant to the provisions of this article undergo a psychological evaluation." /
Renumber sections to conform.
Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 37 to 14.

Rep. RUTHERFORD proposed the following Amendment No. 21 (Doc Name COUNCIL\MS\7488AHB05), which was tabled:
Amend the bill, as and if amended, by striking in its entirety Section 16-25-65, as contained in SECTION 5, page 5, beginning on line 38, and inserting:
/ "Section 16-25-65.   (A)   A person who violates Section 16-25-20(A) is guilty of the offense of criminal domestic violence of a high and aggravated nature when one of the following occurs, the person intentionally commits an:

(1)   the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or

(2)   the person intentionally commits an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death. ; or

(3)   assault and battery in the physical presence of a minor child.

(B)   A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not less than a mandatory minimum of one year nor more than ten years. The court may suspend the imposition or execution of all or part of the sentence, except the one-year mandatory minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender must pay a reasonable fee for participation in the treatment program, but no person may be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol and drug treatment authorities pursuant to Section 61-12-20. The offender must pay a reasonable fee for participation in the substance abuse treatment program, but no person may be denied treatment due to inability to pay.

(C)   a person who violates a provision of this section who has been previously convicted of three or more violations of this section or three or more violations of another state's laws regarding criminal domestic violence of a high and aggravated nature, or any combination of these, is guilty of felony criminal domestic violence with intent to kill and, upon conviction, must be imprisoned not more than twenty years.

(D)   The provisions of subsection (A) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature." /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 28 to 14.

Rep. LEACH spoke in favor of the Bill.

Rep. M. A. PITTS proposed the following Amendment No. 22 (Doc Name COUNCIL\MS\7494AHB05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   ___.   A study committee composed of five members of the House of Representatives, appointed by the Speaker, is created to study the criminal domestic violence laws of the State and recommend appropriate changes to the Speaker and the members of the House of Representatives by January 1, 2006. /
Renumber sections to conform.
Amend title to conform.

Rep. M. A. PITTS explained the amendment.
The amendment was then adopted.

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Barfield
Battle                 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               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hiott
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            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                  Townsend               Tripp
Umphlett               Vaughn                 Vick
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

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

I was out of the Chamber when the final vote on the Criminal Domestic Violence Bill, H. 3984, was taken, but I would like the Journal to indicate my full and complete support for this Bill and my intent to vote for H. 3984.

Rep. Kenneth Bingham

Due to the fact that I was out of the Chamber when the final vote on the Criminal Domestic Violence Bill, H. 3984, was taken, I missed the vote. Had I been in the Chamber, I would have voted in the affirmative.

Rep. Robert S. Perry, Jr.

I am in support of needed stronger legislation dealing with domestic violence. When the vote on H. 3984 was recorded I was away from the House Chamber, dealing with a matter on behalf of a constituent.

Rep. Dwight Loftis

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

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

S. 424 (Word version) -- Senators Leatherman and Ryberg: A BILL TO AMEND SECTION 56-3-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF CERTAIN FEES AND PENALTIES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT ANNUALLY MUST PROVIDE THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK A REPORT FOR THE PREVIOUS FISCAL YEAR THAT LISTS THE TOTAL AMOUNT OF FEES AND PENALTIES IT COLLECTED PURSUANT TO THE PROVISIONS THAT ASSESS REGISTRATION AND LICENSING FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FEES FOR FARM TRUCKS; AND TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO LICENSE PLATE SPECIFICATIONS, AND THE ISSUANCE OF NEW LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FOR THE REGISTERING AND LICENSING OF SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FARM TRUCKS SHALL NO LONGER BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF MOTOR VEHICLES FOR COSTS ASSOCIATED WITH THE PRODUCTION AND ISSUANCE OF NEW LICENSE PLATES.
Ordered for consideration tomorrow.

The following was introduced:

H. 4036 (Word version) -- Reps. Kennedy and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS ALONG UNITED STATES HIGHWAY 52 IN WILLIAMSBURG COUNTY THAT CROSSES CSX'S RAILROAD TRACKS THE "HIENAMAN MEMORIAL OVERPASS" AND TO ERECT APPROPRIATE SIGNS AND MARKERS AT THIS OVERPASS THAT CONTAIN THE WORDS "HIENAMAN MEMORIAL OVERPASS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4037 (Word version) -- Rep. Kennedy: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE GEORGE WESLEY JONES II OF GREELEYVILLE, SOUTH CAROLINA, ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO EXTEND BEST WISHES TO HIM FOR CONTINUED GOOD HEALTH AND HAPPINESS.

The Resolution was adopted.

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4038 (Word version) -- Reps. Govan, Cobb-Hunter and Ott: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS OF ORANGEBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. GOVAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following Bill was taken up:

H. 3227 (Word version) -- Reps. Littlejohn, Mahaffey, Clark, Townsend, Miller, Anthony, Pinson, Umphlett, J. Brown, Bailey, Bowers and Whipper: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

Rep. MCLEOD proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3395HTC05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 36, Title 12 of the 1976 Code is amended by adding:

Section 12-36-1110.   An additional sales, use, and casual excise tax equal to two percent is imposed on amounts taxable pursuant to this chapter."
SECTION   2.   Section 11-11-150 of the 1976 Code, as last amended by Act 387 of 2000, is further amended by adding:

"(H)   Beginning July 1, 2005, and notwithstanding the provisions of Section 12-37-251(B) revenues from the Trust Fund for Tax Relief to be distributed to a school district as a reimbursement for the property tax exemption enumerated in item (1) of subsection (A) must be paid monthly in an amount that is the district's share of these revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act."
SECTION   3.   Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-155.   (A)   For each fiscal year, the revenue from the tax imposed pursuant to Section 12-36-1110 are automatically credited to a fund separate and distinct from the state general fund known as the 'School Tax Millage Exemption Trust Fund' (the School Trust Fund). The Board of Economic Advisors shall account for the School Trust Fund revenue separately from general fund revenues in reports to the Governor and the General Assembly. No portion of these revenues is credited to the Education Improvement Act (EIA) Fund.

(B)   An unexpended balance in the School Trust Fund at the end of a fiscal year must remain in the School Trust Fund.

(C)   Earnings on the School Trust Fund must be credited to the School Trust Fund.

(D)   Nothing in this section prohibits appropriations by the General Assembly of additional revenues to the School Trust Fund."
SECTION   4.   Chapter 37 of Title 12 of the 1976 Code is amended by adding:

"Section 12-37-253.   (A)   After the exemption allowed pursuant to Section 12-37-250 and Section 12-37-251, in the case of real property classified pursuant to Section 12-43-220(c), any remaining fair market value otherwise subject to tax and the fair market value of all other real property, however classified, is exempt from all school taxes except taxes:

(1)   levied for bonded indebtedness for capital construction for schools;

(2)   levied to make payments pursuant to a lease purchase agreement or other financing instrument for capital construction for schools; and

(3)   levied for school operations sufficient to prevent any decline in the district's operating budget from state funds and property taxes from fiscal year 2004-2005 to 2005-2006. Millage for fiscal year 2005-2006 to prevent a reduction and fund teacher salaries may not be increased in subsequent years, and it must be decreased in subsequent years through millage adjustments by a dollar amount equal to one-half of the new revenue provided to the district from EFA distributions and the School Trust Fund for those years.

(B)   School districts must be paid monthly from revenues credited to the School Trust Fund for a fiscal year for the exemption allowed by this section in an amount that is the district's proportionate share of School Trust Fund revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act. The School Trust Fund revenues that must be paid to school districts comprise the total of the revenue of the taxes imposed pursuant to Section 12-36-1110.

The General Assembly expresses its intent to fund annual growth in School Trust Fund revenues at least equal to the increase in the Consumer Price Index and state population each year.

(C)   Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State.

(D)   The exemption provided by this section applies for property taxes imposed by any property taxing entity if the revenues of taxes imposed by the entity are used directly or indirectly for school operations."
SECTION   5.   A.   Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-223.   (A)   For purposes of this section, 'real property' means all real property, however classified for purposes of the property tax.

(B)   There is exempted from property tax an amount of fair market value of real property located in the county sufficient to eliminate any increase in fair market value attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217 or any other manner in which the value of real property may be increased except as provided in item (1) of this subsection. An exemption allowed by this section does not apply to:

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

(2)   real property transferred after the implementation of the values determined in the most recent countywide equalization program conducted pursuant to Section 12-43-217.

(C)   Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to real property which has been transferred in a transfer not subject to income tax pursuant to Sections 102 (Gifts and Inheritances), limited to transfers to a spouse or surviving spouse, 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), 1041 (Transfers of Property Between Spouses or Incident to Divorce), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), or 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code, as defined in Section 12-6-40. The exemption provided in subsection (B) also continues to apply to real property which has been transferred if the transferor retains a life estate in the real property and the transferor continues to occupy the real property as his legal residence and to real property which has been transferred to a trust if the transferor is a life beneficiary of the trust and continues to occupy the real property as his legal residence.

(D)   Once the fair market value of real property is first reduced by the exemption allowed in subsection (B), that reduced fair market value remains the fair market value of the property subject to property tax except as otherwise provided in subsection (B)(1) and (2), regardless of further increases in fair market value of that real property as determined in subsequent countywide appraisal and equalization programs or otherwise. When real property is transferred such that the real property is no longer eligible for the exemption provided for in subsection (B), the real property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at current fair market value as determined by the county assessor.

(E)   The closing attorney involved in a real estate transfer shall provide the following notice to the buyer or buyers:

REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO PROPERTY TAXATION DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE."
B.   Section 12-27-223A of the 1976 Code is repealed.
C.   Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for values resulting from countywide assessment and equalization programs or otherwise implemented after 2004.
SECTION   6.   Chapter 20 of Title 59 of the 1976 Code is amended by adding:

"Section 59-20-42.   (A)   Notwithstanding any other provision of law, beginning with fiscal year 2005-2006, Education Finance Act appropriations and employer contributions must be distributed to a school district in an amount that is the district's proportionate share of such funds based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act.

(B)   It is the intent of the General Assembly that funding for weighted pupil unit growth for Education Finance Act purposes must be at least equal to the growth in the Consumer Price Index each year.

(C)   Beginning July 1, 2005, a base student cost no longer shall be established annually by the General Assembly nor shall the Division of Research and Statistics calculate an annual inflation factor as required by Section 59-20-40(1)(b)."
SECTION   7.   Notwithstanding the provisions of Section 6-1-320 of the 1976 Code, for a period of three years beginning July 1, 2005, and ending June 30, 2008, a local governing body pursuant to Article 3, Chapter 1 of Title 6, and if otherwise permitted to do so by law may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year, not including a percentage increase that does not exceed the total of any increase in the consumer price index and any increase in the taxing jurisdiction's population in the last completed calendar year as determined by the Board of Economic Advisors, only by a two-thirds vote of the membership of the governing body, present or not, rather than by a positive majority vote as defined therein. If there is a vacancy in the membership of the governing body, a two-thirds vote of the membership of the governing body as constituted on the date of the vote is required.
SECTION   8.   (A)   Article 3, Chapter 10 of Title 4 and Chapter 37 of Title 4 of the 1976 Code are repealed; provided, however, that the special sales taxes authorized before the effective date of this section to support capital projects under Article 3, Chapter 10 of Title 4 and the special sales taxes or tolls authorized before the effective date of this section to support transportation infrastructure projects under Chapter 37 of Title 4 shall continue until their termination date to provide financing or debt service funding for the projects authorized.

(B)   In those counties in which is imposed on the effective date of this act the local sales and use tax allowed pursuant to Article 1, Chapter 10, Title 4 of the 1976 Code, there must be conducted a referendum held on the Tuesday following the first Monday in November following such effective date on rescinding the tax in the county as provided in Section 4-10-35 of the 1976 Code, without regard to the petition requirements provided therein. If a majority of the qualified electors voting in the referendum favor rescinding the tax, the tax is rescinded on a date determined by the governing body of the county not more than twenty-four months following the date the result of the referendum is certified to county council. The governing body of the county shall notify the Department of Revenue of the date the tax is rescinded.
SECTION   9.   This act takes effect July 1, 2005, and for purposes of the tax exemption allowed applies for property tax years beginning after 2004. /
Renumber sections to conform.
Amend title to conform.
Rep. MCLEOD explained the amendment.

Reps. SIMRILL, SCOTT, LITTLEJOHN, TALLEY, BRADY and OTT requested debate on the Bill.

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

S. 803 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 41-18-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO DEFINE "CATAPULTING AMUSEMENT RIDE"; TO ADD SECTION 41-18-160 SO AS TO ESTABLISH CRITERIA FOR OBTAINING A PERMIT FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR THE OPERATION OF A CATAPULTING AMUSEMENT RIDE; TO AMEND SECTION 52-19-20, AS AMENDED, RELATING TO THE DEFINITION OF "BUNGEE JUMPING", SO AS TO DELETE REFERENCES TO THE CORD USED IN BUNGEE JUMPING BEING MADE OF WIRE ROPE, CABLE, OR SPRINGS OR OTHER DEVICE SIMILAR IN DESIGN OR USE; AND TO AMEND SECTION 52-19-50, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH PERMITTING AND REGULATING BUNGEE JUMPING, SO AS TO REVISE THE DEFINITION OF "BUNGEE CATAPULTING", SO AS TO CONFORM THIS DEFINITION TO THE DEFINITION OF "BUNGEE CATAPULTING" AS PROVIDED FOR IN SECTION 41-18-10.

Rep. CLEMMONS explained the Bill.

The following Bill was taken up:

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL TAXES, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK AND TO PROVIDE FOR DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2003 2004; TO AMEND SECTION 12-36-90, RELATING TO THE GROSS PROCEEDS OF SALE, SO AS TO EXEMPT THE EXCISE TAX FOR ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTIONS 61-4-120, 61-4-570, 61-4-770, AND 61-4-1720, RELATING TO PROVISIONS CONCERNING BEER, ALE, PORTER, AND WINE, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES AND TO REQUIRE THAT WINES OF MORE THAN TWENTY ONE PERCENT ALCOHOL ARE SOLD IN RETAIL LIQUOR STORES ONLY; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" AND "ALCOHOLIC BEVERAGES BY THE DRINK"; TO AMEND SECTION 61-6-185, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A RETAIL LIQUOR LICENSE, SO AS TO AMEND ADMINISTRATIVE LAW JUDGE DIVISION TO ADMINISTRATIVE LAW COURT; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES ONLY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1500, RELATING TO RETAIL DEALERS' LICENSES, SO AS TO DELETE THE RESTRICTIONS ON THE SIZE OF CONTAINERS OF ALCOHOLIC LIQUORS TO BE SOLD BY RETAIL DEALERS, TO AMEND THE RESTRICTIONS ON SALE AND DELIVERY OF ALCOHOLIC LIQUORS TO THE HOURS BETWEEN SEVEN P.M. AND SEVEN A.M., AND TO AMEND THE PENALTIES FOR UNLAWFULLY REFILLING OR TAMPERING WITH ALCOHOLIC LIQUORS; TO AMEND SECTION 61-6-1540, RELATING TO NONALCOHOLIC MERCHANDISE, SO AS TO AMEND THE AMOUNT OF ALCOHOLIC PERCENTAGE OF WINE TO BE SOLD IN LIQUOR STORES FROM FOURTEEN PERCENT TO TWENTY ONE PERCENT IN ORDER TO CONFORM WITH THE DEFINITION OF NONALCOHOLIC BEVERAGES IN SECTION 61-4-10; TO AMEND SUBARTICLE 1, ARTICLE 5, CHAPTER 6, TITLE 61, RELATING TO BIENNIAL MINIBOTTLE LICENSES AND LICENSEES, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTIONS 61-6-1600 AND 61-6-1610, RELATING TO NONPROFITS AND BUSINESS ESTABLISHMENTS, SO AS TO DELETE THE AUTHORIZATION TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, TO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, TO PROVIDE PENALTIES FOR UNLAWFULLY REFILLING OR TAMPERING WITH BOTTLES OF ALCOHOLIC LIQUORS, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1630, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS, SO AS TO PROVIDE THAT RETAIL DEALERS WITH FEDERAL WHOLESALE BASIC PERMITS MAY DELIVER ALCOHOLIC LIQUORS TO ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS FOR ON PREMISES CONSUMPTION; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON PREMISES CONSUMPTION; TO AMEND SECTIONS 61-6-2000 AND 61-6-2005, BOTH RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2010, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO DELETE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS" AND TO ALLOW A REFERENDUM FOR TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THAT THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AND TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTION 61 6 2210, RELATING TO THE BREAKING OF THE SEAL OF A MINIBOTTLE, SO AS TO REQUIRE THE BREAKING OF THE SEAL BY THE PURCHASER OR SELLER WHEN THE MINIBOTTLE IS BEING SOLD FOR ON PREMISES CONSUMPTION; TO AMEND SECTIONS 61-6-2220 AND 61-6-2230, RELATING TO ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTIONS 61-6-2400 AND 61-6-2420, BOTH RELATING TO TAXATION OF ALCOHOLIC LIQUORS AND RESTAURANTS, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; AND TO PROVIDE THAT ALL STATUTES AND REGULATIONS CONCERNING MINIBOTTLE LICENSES OR PERMITS APPLY TO THE LICENSE OR PERMIT TO SELL ALCOHOLIC LIQUORS BY THE DRINK AND TO PROVIDE THAT MINIBOTTLE LICENSES OR PERMITS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE CONSIDERED TO BE PERMITS FOR ALCOHOLIC LIQUOR BY THE DRINK AFTER THE EFFECTIVE DATE OF THIS ACT.

Rep. COTTY proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3410DW05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1636.   (A)   Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a wholesale distributor and a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act.

(B)   Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a licensed wholesale distributor.

(C)   Both wholesale distributors and licensed retail dealers with a wholesale's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor for sale by the drink to a person licensed by this article for sale for on-premises consumption.

Section 61-6-1637.   A person licensed pursuant to this article, including his agent, may not substitute another brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than ten days, or both.

Section 61-6-1638.   If a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or a wholesale distributor charges for delivery, then all bills or invoices for delivery of alcoholic liquors to a retail establishment licensed for on-premises consumption of alcoholic liquors must clearly state the transportation charge or delivery fee."
SECTION   2.   Subarticle 1, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1650.   (A)   A licensee or his agent, knowingly and wilfully, may not refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquors, or otherwise tamper with the contents of the bottle.

(B)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(1)   for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(2)   for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.

(C)   In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.

(D)   The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section."
SECTION   3.   Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-2430.   A wholesale distributor of alcoholic liquor may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all licensed retail dealers with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or any other alcoholic liquor retail license. A wholesale distributor of alcoholic liquor also may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all accounts possessing an on-premise consumption license, provided, however, the quantity discount offered to the on-premises licensee may not be greater than the discount offered on the same product, at the same quantity, to a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act, or the holder of any other alcoholic liquor retail license."
SECTION   4.   Section 6-27-40(B) of the 1976 Code, as amended by Act 415 of 1996, is further amended to read:

"(B)   In making the quarterly distribution to counties, the State Treasurer must shall notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that must be used as provided in this subsection is equal to twenty-five percent of the revenue derived pursuant to Section 12-33-245 allocated on a per capita basis according to the most recent United States Census."
SECTION   5.   Section 12-33-245 of the 1976 Code is amended to read:

"Section 12-33-245.   (A)   In lieu of addition to taxes imposed under pursuant to the provisions of Sections 12-33-230, and 12-33-240, Article 5 of this chapter, and Chapter 36, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply by the drink for on-premises consumption in an establishment licensed for sales pursuant to Article 5, Chapter 6, Title 61. All proceeds of this excise tax must be deposited to the credit of the general fund of the State. Except with respect to the distribution of the revenue of this tax, this excise tax is considered to be imposed pursuant to Chapter 36, Title 12. For purposes of this subsection, 'gross proceeds of sales' has the meaning as provided in Section 12-36-90, except that the sales tax imposed under Chapter 36, Title 12 is not included in 'gross proceeds of sales'.

(B)   Eleven percent of the revenue generated by the excise tax provided for in subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must shall notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purpose.

(C)   Those state agencies and local entities including counties which are allocated and receive by law minibottle tax revenues in fiscal year 2004-05 for educational, prevention, and other purposes, shall receive at least the same amount of revenues from the new excise tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did from minibottle tax revenues during fiscal year 2004-05. If these state agencies and local entities do not, the difference must be made up from the state general fund within sixty days after the close of that fiscal year."
SECTION   6.   Section 12-36-90(2) of the 1976 Code, as last amended by Act 237 of 2004, is further amended by adding an appropriately lettered subitem to read:

"( )   the alcoholic liquor by the drink excise tax imposed by Section 12-33-245."
SECTION   7.   Section 61-4-120 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:

"Section 61-4-120.   It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors in minibottles by the drink is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section."
SECTION   8.   Section 61-4-570 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-570.   Notwithstanding any other provision of law, an establishment that holds a valid beer and wine license and a license to sell alcoholic liquors in minibottles by the drink may sell wine which is not in excess of twenty-one percent of alcohol by volume, to be consumed on the premises."
SECTION   9.   Section 61-4-770 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:

"Section 61-4-770.   Wines containing more than sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles by the drink."
SECTION   10.   Section 61-4-1720 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-1720.   The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquors for consumption on the premises in minibottles by the drink requires an appropriate license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title."
SECTION   11.   Section 61-6-20(1) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(1)(a)   'Alcoholic liquors' or 'alcoholic beverages' means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture thereof of them by whatever name called or known which contains alcohol and is used as a beverage, but does not include:

(a)(i)   wine when manufactured or made for home consumption and which is not sold by the maker thereof of the wine or by another person; or

(b)(ii)   a beverage declared by statute to be nonalcoholic or nonintoxicating;.

(b)   'Alcoholic liquor by the drink' or 'alcoholic beverage by the drink' means a drink poured from a container of alcoholic liquor, without regard to the size for consumption on the premises of a business licensed pursuant to Article 5 of this chapter."
SECTION   12.   Section 61-6-20(5) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(5)   'Minibottle' means a sealed container of two ounces fifty milliliters or less of alcoholic liquor."
SECTION   13.   Section 61-6-185 of the 1976 Code, as added by Act 363 of 1998, is amended to read:

"Section 61-6-185.   (A)   A person residing in the county in which a retail liquor license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:

(1)   the name, address, and telephone number of the person filing the protest;

(2)   the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;

(3)   the specific reasons why the application should be denied; and

(4)   whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.

(B)   Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division Court.

(C)   If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.

(D)   A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
SECTION   14.   Section 61-6-700 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-700.   An establishment which offers meals to the public must be licensed by the department to purchase and possess liqueurs, wines, and similar alcoholic beverages used solely only in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the department. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the department under pursuant to the provisions of this title must be revoked.

The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors in minibottles under pursuant to the provisions of Article 5 of this chapter. Establishments An establishment so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided for in this section if only liquors in minibottles are used in the food preparation."
SECTION   15.   Section 61-6-1300 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-1300.   (A)   No A wholesaler wholesale distributor may not:

(1)   sell, barter, exchange, give, transfer, or deliver for consumption alcoholic liquors to a person not having a retail dealer's license issued under this article;

(2)   permit the drinking of alcoholic liquors on his premises;

(3)   condition the sale of alcoholic liquors to a retail dealer upon the purchase or receipt of another kind or brand of alcoholic liquors than that ordered by the retail dealer;

(4)   sell alcoholic liquors between the times of sundown and sunrise;

(5)   sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if (a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors and (b) the electronic transfer is initiated by the wholesaler no later than one business day after delivery;

(6)   directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation, or as a relative to a person by blood or marriage within the third degree, have an interest in a business, store, or establishment dealing in alcoholic liquors except the store or place of business covered by his wholesaler's license; or

(7)   redeem proof-of-purchase certificates for any promotional item.

(B)   A manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors, or a person acting on his behalf, must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free product, or service. The holder of a retail permit, or a person acting on his behalf, must not accept, directly or indirectly, any equipment, fixtures, free product, or service referred to in this subsection from a manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors."
SECTION   16.   Section 61-6-1500 of the 1976 Code, as last amended by Act 40 of 2003, is further amended to read:

"Section 61-6-1500.   (A)   No A retail dealer may not:

(1)   sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;

(2)   own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;

(3)   notwithstanding items (1) and (2), a retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his possession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers;

(4)   sell, barter, exchange, give, transfer, or deliver, or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, transfer, or delivery of alcoholic liquors:

(a)   between the hours of 7:00 p.m. and 9:00 a.m.;

(b)   for consumption on the premises;

(c)   to a person under twenty-one years of age;

(d)   to an intoxicated person; or

(e)   to a mentally incompetent person;

(5)(2)   permit the drinking of alcoholic liquors in his store or place of business;

(6)(3)   sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:

(a)   the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and

(b)   the electronic transfer is initiated by the retailer no later than one business day after delivery; or

(7)(4)   redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours a retail dealers are dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

(B)(1)   The provisions of subsection (A) relating to quantities of less than two hundred milliliters do not apply to:

(a)   minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or

(b)   minibottles sold for consumption on commercial aircraft engaged in interstate commerce.

(2)   It is unlawful for a person, or his agent, licensed to sell alcoholic liquors under pursuant to the provisions of this section to refill a minibottle container of alcoholic liquor. A person who violates this provision must, upon conviction, must have his license revoked permanently.

(3)   A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.

(4)   It is unlawful to sell minibottles except during lawful hours of operation.

(5)   A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this subsection, 'a person licensed under Article 5 of this chapter' includes a person's designated agent as a purchaser.

(C)   A retail dealer shall keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size."
SECTION   17.   Section 61-6-1600 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:

"Section 61-6-1600.   (A)   A nonprofit organization which is licensed by the department pursuant to the provisions of this article may sell alcoholic liquors in minibottles by the drink. A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold in minibottles by the drink upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.

(B)   An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license."
SECTION   18.   Section 61-6-1610 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:

"Section 61-6-1610.   (A)   Except on Sunday, it is lawful to sell and consume alcoholic liquors sold in minibottles by the drink in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:

(1)   the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and

(2)   the business has a license from the department authorizing the sale and consumption of alcoholic liquors, which is displayed conspicuously displayed on the main entrance to the premises and clearly visible from the outside.

(B)   Notwithstanding any other another provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in minibottles by the drink do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area even though food may be served in the area.

(C)   An establishment licensed under pursuant to the provisions of this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700 if only liquors in minibottles are used in the food preparation.

(D)   Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on Sunday unless the establishment has been issued for that Sunday a temporary permit pursuant to the provisions of Section 61-6-2010. A violation of this subsection is a violation against the establishment's license.

(E)   It is unlawful for a person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this section to knowingly and willfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.

(1)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(a)   for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(b)   for a second or subsequent offense, must be fined one thousand dollars or imprisoned for not more than six months, or both.

(F)   In addition to the penalties provided in subsection (E), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.

(G)   The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently."
SECTION   19.   Section 61-6-1620(A) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(A)   This article must not be construed to authorize authorizes the possession or consumption of alcoholic liquors in containers other than minibottles on premises open to the general public for which a license has been obtained pursuant to Sections Section 61-6-1600 or 61-6-1610."
SECTION   20.   Section 61-6-1630 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-1630.   (A) Alcoholic liquors in minibottles as authorized to be sold under this article must be purchased only by a person licensed under this article, in case lots, and only from licensed retail dealers. As used in this section, 'a person licensed under this article' includes his designated agent as a purchaser.

(B)   No person licensed under the provisions of this article may be licensed as a retail dealer on the same premises A person licensed to sell alcoholic liquor by the drink for on-premises consumption must not be licensed as a retail dealer on the same premises."
SECTION   21.   Section 61-6-1825 of the 1976 Code, as added by Act 363 of 1998, is amended to read:

"Section 61-6-1825.   (A)   A person residing in the county in which a minibottle license pursuant to the provisions of subarticle 1 of this article is requested to be granted, or a person residing within five miles of the location for which a minibottle permit pursuant to the provisions of subarticle 1 of this article is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:

(1)   the name, address, and telephone number of the person filing the protest;

(2)   the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;

(3)   the specific reasons why the application should be denied; and

(4)   whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division Court.

(B)   Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division Court.

(C)   If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.

(D)   A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
SECTION   22.   Section 61-6-2000 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2000.   In addition to the minibottle licenses authorized under pursuant to the provisions of subarticle 1 of this article, the department also may also issue a temporary license for a period not to exceed twenty-four hours to a nonprofit organizations organization which authorizes these organizations an organization to purchase and sell at a single social occasion alcoholic liquors in minibottles by the drink. Notwithstanding any other another provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors in minibottles from licensed retail dealers in the same manner that persons a person with a biennial minibottle licenses are license is authorized to make these purchases. The fee for the permit is thirty-five dollars payable at the time of application. The permit application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of permits authorized under pursuant to the provisions of this section is within the sole discretion of the department."
SECTION   23.   Section 61-6-2005(A) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:

"(A)   A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors in sealed containers of two ounces or less by the drink from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less by the drink at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance, and the applicant:

(1)   the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less by the drink; or

(2)   the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days."
SECTION   24.   Section 61-6-2010 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:

"Section 61-6-2010.   (A)   In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable-filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also shall offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per each year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must shall prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.

(B)(1)   The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:

(a)   capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b)   purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(c)   festivals which that have a demonstrable and significant impact on tourism;

(d)   local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e)   contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22, of Title 51;

(f)   contributions to a redevelopment authority pursuant to Section 31-12-10, et seq. Chapter 12, Title 31;

(g)   acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering and aquifer recharge areas; land for wildlife preserves; and land for future public recreational facilities;

(h)   nourishment, renourishment (resanding), and maintenance of beaches;

(i)   dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(j)   maintenance of public beach access;

(k)   capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and restroom facilities, with or without changing rooms, at public beach parks; and

(l)   construction and maintenance of drainage systems.

(2)   The revenue may not be used for operating expenses of tourism-related buildings.

(C)(1)   Permits A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall must be one of the following:

(a)   'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or

(b)   'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink to bona fide nonprofit organizations and business establishments authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?' or

(c)   in case of a county or municipality where temporary permits are authorized to be issued pursuant to this section as of June 21, 1993, the question may be 'Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'.

(2)   A referendum for this purpose may not be held more often than once in forty-eight months.

(3)   The expenses of any such for a referendum for this purpose must be paid by the county or municipality conducting the referendum.

(D)(1)   The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink in the following circumstances:

(a)   parts of the municipality are located in more than one county;

(b)   as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and

(c)   the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.

(2)   The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.

(3)   Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must shall conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum."
SECTION   25.   Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Subarticle 7

Provisions Relating to Sales, Delivery, and Consumption of Liquor in Minibottles

Section 61-6-2200.   No A person may not serve or deliver to a purchaser alcoholic liquors in minibottles by the drink in a business where these sales are authorized unless the person is eighteen years of age or older; nothing contained in this section may be construed as allowing bartenders under the age of twenty-one.

Section 61-6-2210.   The purchaser of a minibottle for on-premises consumption must break the seal of a minibottle unless the seller breaks the seal in the presence of the purchaser and delivers the container.

Section 61-6-2220.   No person or establishment licensed to sell alcoholic beverages liquors or liquor by the drink pursuant to this article may sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and subject to the penalties contained herein.

Section 61-6-2230.   (A)   No person licensed to sell alcoholic beverages liquors or liquor by the drink pursuant to this article may knowingly conduct, operate, organize, promote, advertise, run, or participate in a `drinking contest' or `drinking game'.

(B)   For purposes of this section, `drinking contest' or `drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of alcoholic beverages by participants at extraordinary speed or in increased quantities or in more potent form. `Drinking contest' or `drinking game' does not include a contest, game, event, or endeavor in which alcoholic beverages are not used or consumed by participants as part of the contest, game, event, or endeavor but instead are used solely as a reward or prize. Selling alcoholic beverages in the regular course of business is not considered a violation of this section."
SECTION   26.   Section 61-6-2400 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2400.   Alcoholic liquors sold in minibottles by the drink must be taxed pursuant to Chapter 33, Title 12."
SECTION   27.   Section 61-6-2600 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2600.   Except as otherwise provided in this title, a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions thereof of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale under Section 61-6-1540(B), or who displays minibottles when the seals are broken acts to avoid the payment of the excise tax imposed on the serving of alcoholic beverages by the drink provided for in Section 12-33-245(A), or who violates any other another provision of this article must:

(1)   for a first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;

(2)   for a second offense within three years of the first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;

(3)   for a third offense within three years of the first offense, be fined not less than five hundred dollars and have his license revoked permanently;

(4)   for a violation involving the avoidance of taxes, a fine of be fined not less than one thousand dollars and permanent revocation of his license."
SECTION   28.   The provisions of this act apply to all licenses or permits applied for on or after the effective date of this act. This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit.
SECTION   29.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   30.   This act takes effect on January 1, 2006. Each person licensed pursuant to the Alcoholic Beverage Act to sell or purchase minibottles must take an inventory of minibottles in the licensee's possession as of the effective date and send within sixty days a certified copy of the inventory to the Department of Revenue. By no later than January 1, 2006, the department must devise a method whereby the twenty-five cents excise tax on minibottles previously paid by the licensees is credited to each licensee so that on or after the effective date, the tax rate paid on each minibottle is prorated in accordance with the terms of this act. /
Renumber sections to conform.
Amend title to conform.

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

Rep. COTTY proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3414DW05), which was adopted:
Amend the bill, as and if amended, by deleting Section 61-6-1636(B), as contained in SECTION 1, which reads:
/ (B)   Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a licensed wholesale distributor. /
Reletter subsections to conform and Renumber sections to conform.
Amend title to conform.

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

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

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

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Rep. HARRELL proposed the following Amendment No. 1A (Doc Name COUNCIL\GGS\22139HTC05), which was adopted:
Amend the joint resolution, as and if amended, by striking Sections 1 and 2 and inserting:
/   SECTION   1.   In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 2004-2005 the following amounts:
(1)   DEBT SERVICE                             12,000,000
(2)   BARNWELL TRUST FUND                   4,527,866
(3)   DEPARTMENT OF COMMERCE

REPAY INSURANCE RESERVE FUND       3,500,000
(4)   STATE DEPARTMENT OF EDUCATION

(A)   SCHOOL BUSES                         10,000,000

(B)   GOVERNOR'S SCHOOL FOR THE ARTS

DEFERRED MAINTENANCE               775,000

(C)   GOVERNOR'S SCHOOL - MATH & SCIENCE

DEFERRED MAINTENANCE               775,000
(5)   DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL

BEACH RENOURISHMENT TRUST FUND       5,000,000
(6)   DEPARTMENT OF SOCIAL SERVICES

CHILD SUPPORT ENFORCEMENT COMPUTER SYSTEM                                         11,500,000
(7)   EDUCATIONAL TELEVISION COMMISSION

EDUCATION SATELLITE SERVICE           1,400,000
(8)   WIL LOU GRAY OPPORTUNITY SCHOOL

HVAC                                       1,400,000
(9)   BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION

ORANGEBURG TECHNICAL COLLEGE         2,000,000
(10)   DEPARTMENT OF PUBLIC SAFETY

(A)   VEHICLES FOR NEW LAW ENFORCEMENT OFFICERS                                           3,724,080

(B)   VEHICLES TO REPLACE EXISTING HIGH

MILEAGE VEHICLES                   4,500,000

(C)   RENOVATION OF CRIMINAL JUSTICE ACADEMY

ROOF, DORMITORIES & CLASSROOMS                                                             1,500,000

(D)   ONE-TIME COSTS FOR CONSOLIDATION

OF DISPATCH OFFICES                   200,000
(11)   DEPARTMENT OF CORRECTIONS

(A)   VEHICLE RADIO & SECURITY             1,779,500

(B)   SECOND CHANCE BARN & FACILITIES                                                               50,000
(12)   DEPARTMENT OF JUVENILE JUSTICE

NEW DORM                                 2,300,000
(13)   DEPARTMENT OF PARKS, RECREATION & TOURISM

CHARLESTOWN LANDING                   7,000,000
(14)   DEPARTMENT OF ARCHIVES & HISTORY

OLD EXCHANGE BUILDING                 850,000
(15)   DEPARTMENT OF MENTAL HEALTH

VETERANS NURSING HOMES                 3,000,000
(16)   VOCATIONAL REHABILITATION

ROOF REPAIR                               600,000
(17)   COMMISSION FOR THE BLIND

BUILDING LIFE SAFETY IMPROVEMENTS                                                               900,000
(18)   CLEMSON-PSA

BARUCH INSTITUTE                         5,000,000
(19)   STATE PORTS AUTHORITY - HARBOR DREDGING                                                         2,400,000
(20)   JUDICIAL DEPARTMENT

TECHNOLOGY UPGRADES                   3,785,000
(21)   GOVERNOR'S OFFICE-SLED

(A)   VEHICLES                                 2,000,000

(B)   SC AMBER ALERT                           4,000
(22)   OFFICE OF APPELLATE DEFENSE

INFORMATION TECHNOLOGY UPGRADE                                                               45,000
(23)   COMMISSION FOR MINORITY AFFAIRS

CONTRACTUAL SERVICES                   100,000
(24)   WORKERS COMPENSATION COMMISSION

COMPUTER DATABASE                     886,180
(25)   DEPARTMENT OF CONSUMER AFFAIRS

COMPUTER PLATFORM- DOTNET SYSTEM                                                             300,000
(26)   LEGISLATIVE AUDIT COUNCIL

EQUIPMENT                                   4,400
(27)   BUDGET & CONTROL BOARD

(A)   SCEIS                                   5,500,000

(B)   NATIONAL GUARD PENSION FUND
- ADMINISTRATION                                 50,000

TOTAL                                 99,356,026
SECTION   2.   (SDE: Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases may be used to purchase buses, fuel, parts, or other school bus related items.   /
Renumber sections to conform.
Amend title to conform.

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

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

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

H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Reps. HARRELL and WILKINS proposed the following Amendment No. 2A (Doc Name h:\legwork\house\amend\h-wm\002\hou amendments to senate h3716.doc), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the text of the bill as passed by the House of Representatives, which is hereby incorporated by reference in this amendment with the following changes:
Amend the bill further, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 127, line 5, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6
/   25,000       25,000/

Amend the bill further, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 128, immediately after line 4, by inserting new lines to read:

Column 5   Column 6
/New Positions
"Administrative Specialist I"

(1.00)       (1.00)/
Amend the bill further, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 128, immediately after line 15, by inserting a new line to read:

Column 5   Column 6
/African American
Heritage History
Commission   25,000     25,000/
Amend the bill further, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 127, line 10, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/150,000     150,000/
Amend the bill further, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 128, immediately after line 15, by inserting a new line to read:

Column 5   Column 6
/Old Exchange
Building     150,000     150,000/
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT NATURAL RESOURCES, page 155, line 21, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/307,049     307,049/
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT PUBLIC SAFETY, page 184, line 28, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/1,528,142   1,528,142/
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT PUBLIC SAFETY, page 185, line 2, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/104,630     104,630/
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT PUBLIC SAFETY, page 185, line 30, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/63,557     63,557/
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT PUBLIC SAFETY, page 186, line 21, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/467,985     467,985/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 192, line 38, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 196, line 20, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 196, line 34, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 197, line 9, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 197, line 23, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 197, line 37, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 198, line 12, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 198, line 26, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 199, line 1, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 199, line 15, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 199, line 29, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:
            Column 5   Column 6

/526,680     526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 200, line 3, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/526,680   526,680/
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 202, line 39, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/456,318     456,318/
Amend the bill further, as and if amended, Part IA, Section 38, DEPARTMENT OF PROBATION, PARDON & PAROLE, page 204, line 19, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/391,086     391,086/
Amend the bill further, as and if amended, Part IA, Section 38, DEPARTMENT OF PROBATION, PARDON & PAROLE, page 206, line 21, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/99,422     99,422/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 208, line 16, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/351,442     351,442/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 208, line 33, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/150,617     150,617/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 209, line 25, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/73,426     73,426/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 209, line 39, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/36,986     36,986/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 211, line 2, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/169,240     169,240/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 255, line 20, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/181,558     181,558/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 255, line 33, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/60,341     60,341/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 256, line 3, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/35,941     35,941/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 256, line 14, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/29,023     29,023/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 256, line 25, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/6,567       6,567/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 257, line 2, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/25,084     25,084/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 257, line 13, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/18,294     18,294/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 257, line 24, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/112,036     112,036/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 258, line 1, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/130,635     130,635/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 258, line 16, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/207,082     207,082/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 258, line 36, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/139,907     139,907/
Amend the bill further, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 259, line 7, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/   59,107     59,107/
Amend the bill further, as and if amended, Part IA, Section 63B, B & C-EMPLOYEE BENEFITS, page 301, immediately after line 20, by inserting a new line to read:

Column 5   Column 6
/Law Enforcement
Salary Increase   /11,525,635   11,525,635/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 209, lines 31-32, opposite /Public Assistance Payments Case Services/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/1,800,000   1,800,000/
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 210, lines 5-6, opposite /Public Assistance Case Services/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

/1,800,000   1,800,000/
Amend the bill further, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, paragraph 1.79, line 34, by striking
/ Status Offender, /
Amend the bill further, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 336, after line 19, by adding an appropriately numbered paragraph to read:
/ (SDE: EFA Hold Harmless) In the current fiscal year, the Department of Education is directed to allocate from the funds appropriated for the Education Finance Act adequate funding to all school districts to ensure that no district has a net decrease in state funding from the following appropriation categories and revenue codes: Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555)./
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 511, paragraph 73.17, after line 22, by inserting:
/     H63   Department of Education

EFA Hold Harmless   $14,225,833;/
Amend the bill further, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 341, paragraph 1A.26, line 24, after /Charleston/ by inserting: /and $100,000 is to be used for the South Carolina Urban Leagues state-wide parental involvement programs/
Amend the bill further, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 361, after line 14, by adding an appropriately numbered paragraph to read:
/     (Palmetto Fellows Alternate Criteria) In addition to the qualifications established in regulation, a student may, regardless of class rank, qualify for a Palmetto Fellows Scholarship with a minimum score of 1400 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score and a cumulative GPA of 4.0 of the Uniform Grading Scale at the end of the junior or senior year./
Amend the bill further, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 380, after line 22 by adding an appropriately numbered paragraph to read:
/     (DHEC: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for health or environmental purposes only upon the approval of the Grants Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee./
Amend the bill further, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 400, paragraph 26.8, lines 15-16 by striking the paragraph in its entirety and by inserting:
/     26.8. (PRT: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for travel and tourism industry purposes only upon the approval of the Grants Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee./
Amend the bill further, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 404, paragraph 27.26, lines 3-4 by striking the paragraph in its entirety and by inserting:
/     27.26. (CMRC: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for economic development purposes only upon the approval of the Grants Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee./
Amend the bill further, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 459, paragraph 63.42, lines 7-9 by striking the paragraph in its entirety and by inserting:
/     63.42.   (BCB: Competitive Grants) Of the funds appropriated to the Budget and Control Board, $3,000,000 must be set aside for a competitive grants program. These funds may be released to local subdivisions or nonprofit organizations only upon the approval of the Grants Committee of the Budget and Control Board. The board is prohibited from transferring these funds to other programs. In addition, the board may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee./
Amend the bill further, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 460, after line 10 by adding an appropriately numbered paragraph to read:
/     (BCB: Grants Review Committee) On and after January 1, 2006, there is created within the Budget and Control Board the Grants Review Committee for the purpose of awarding grants to counties and municipalities. The committee shall consist of five members with one member appointed by each of the following officials: the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Finance Committee of the Senate, and the Chairman of the Ways and Means Committee of the House of Representatives. The officials may make initial appointments to the committee and the committee members may organize prior to January 1, 2006. Members shall serve two-year terms coterminous with the appointing official. The committee must adopt rules of procedure and elect a chairman from the membership of the committee.

The committee must meet at least twice annually to review applications for grants submitted by counties and municipalities. All applications must conform to and all grants must be awarded pursuant to criteria established by the committee. Grants must be awarded in amounts determined by the committee from funds appropriated by the General Assembly. Staff for the committee must be provided by the Budget and Control Board.

Applications for grants of one hundred thousand dollars or less must be processed administratively by the staff pursuant to criteria established by the committee. Applications for grants to exceed one hundred thousand dollars must be reviewed for approval by the committee./
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 514, paragraph 73.18, after line 10, by inserting:
/     Funds in the amount of $500,000 appropriated for the expansion of the Heritage Corridor must be allocated to an appropriate governmental entity or subdivision and must be used for the purchase and renovation of an existing facility for expansion of the Heritage Corridor in support of corridor related activities./
Amend the bill further, Part IB, Section 53, DEPARTMENT OF TRANSPORTATION, page 433, after line 5, by adding an appropriately numbered paragraph to read:
/     (DOT: Feasibility Study) The Department of Transportation shall provide the $150,000 necessary to initiate a feasibility study for a State Ports Authority access road and certain interstate construction./
Amend the bill further, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 458, paragraph 63.40, line 30, after /purposes./ by inserting: /The Executive Director of the Budget and Control Board may use up to $1,200,000 of funds retained by the board pursuant to this provision for technology enhancements./; amend further, line 33, after /Market;/ by inserting: /property pursuant to Paragraph 26.11 of this Act;/; and amend further, after line 35, by inserting: /Any unused portion of these funds may be carried forward into succeeding fiscal years and used for the same purposes./
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 507, paragraph 73.13, line 18, after /2004/ by inserting: /or 2005/; amend line 19, after /2004/ by inserting: /or 2005/; and amend lines 22-23 by striking: /the taxable year beginning January 1, 2004/ and by inserting: /taxable years beginning in 2004 and 2005/
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 511, paragraph 73.17, after line 22, by inserting:
/P28   Department of Parks, Recreation & Tourism

Reedy River Corridor Greenway

Bike/Walking Trail   $500,000
H95   State Museum

Imagine Nation: Children's Museum

of the Upstate   $1,200,000;/
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 514, after line 17, by adding an appropriately numbered paragraph to read:
/     (SR: Trust Fund Repayment) From the surplus general funds for Fiscal Year 2004-05, not obligated in this Act, and available for use in Fiscal Year 2005-06 after the Comptroller General's close of the state books on Fiscal Year 2004-05, funds may be transferred for the purpose of repayment of trust and reserve funds.

If the Comptroller General determines upon the closing of the state's financial books for Fiscal Year 2004-05, that the State has a negative Generally Accepted Accounting Principles Fund balance (GAAP Fund Deficit), the expenditure of unobligated surplus general fund revenues by this provision are suspended and must be used to the extent necessary to offset the GAAP Fund Deficit. A negative GAAP Fund balance is defined as the amount remaining after subtracting all state liabilities and reserve funds from state assets on an accrual basis./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. EDGE proposed the following Amendment No. 3A (Doc Name COUNCIL\GJK\20480HTC05):
Amend the bill, as and if amended, in PART IB, SECTION 8, Department of Health and Human Services, page 372, by adding a new paragraph at the end appropriately numbered to read:
/8.___.   (DHHS: Disproportionate Share Assessments)   (A)   For the current fiscal year, every nonpublic hospital licensed as a general hospital by the Department of Health and Environmental Control and designated as eligible for disproportionate share payments by the Department of Health and Human Services is subject to the payment of an assessment. Each nonpublic general hospital's assessment must be based on the total expenditures of each nonpublic general hospital as a percentage of total nonpublic general hospital expenditures statewide. Nonpublic general hospital expenditures must be the basis for the determination of each nonpublic general hospital's assessment except that the basis for the assessment may be changed if the appropriate federal official notifies the Department of Health and Human Services that a different basis must be used to obtain federal matching funds for use as provided in Section 12-23-950 of the 1976 Code.

(B)   Total revenues in the current fiscal year, exclusive of penalties and interest, from the assessment imposed pursuant to subparagraph (A) must equal eighty-five million dollars.

(C)   The Department of Health and Human Services shall set criteria for determining if a general hospital is eligible to receive disproportionate share payments.

(D)   The state match for disproportionate share payments to eligible hospitals is derived from intergovernmental transfers from eligible public general hospitals and assessments, as imposed pursuant to this paragraph, on eligible nonpublic general hospitals.

(E)   The Department of Revenue shall administer and enforce the provisions of this paragraph. The assessments imposed pursuant to this paragraph must be collected in accordance with the provisions of Chapter 54 of Title 12 of the 1976 Code.

(F)   Assessments imposed pursuant to this paragraph must be issued by the Department of Revenue. The Department of Health and Environmental Control and the Office of Research and Statistics of the State Budget and Control Board shall provide information to the Department of Revenue to be used to determine each nonpublic general hospital's assessment.

(G)   On the first day of each quarter, each nonpublic general hospital shall remit one-fourth of its assessment for the current fiscal year to the Department of Revenue. The assessment must be paid for each quarter a nonpublic general hospital is in operation. If a nonpublic general hospital ceases operations, the assessments not paid as a result of the cessation of operations must be apportioned among other nonpublic general hospitals in operation.

(H)   Revenues from intergovernmental transfers from eligible public general hospitals and from the assessment imposed pursuant to this paragraph must be used for the sole purpose of securing federal matching dollars for the state's Medicaid program to increase hospital payments for the treatment of Medicaid and uninsured patients. All revenues and related federal matching funds must be deposited in a separate account managed by the Department of Health and Human Services.

(I)   If federal matching funds are not available for the current fiscal year, the assessment imposed pursuant to this paragraph must not be collected. If the assessment is collected for the current fiscal year before the Department of Health and Human Services is notified that federal matching funds are not available, then the amount collected must be refunded to the hospitals from which the assessments were collected.

(J)   This paragraph takes effect July 1, 2005, except that the first assessments imposed pursuant to subparagraph (A) are not due and payable until the Department of Health and Human Services has received approval from the appropriate federal officials for its plan to increase payments to hospitals for Medicaid and uninsured patients and the federal officials have confirmed that federal matching funds will be made available in accordance with the plan.   /
Renumber sections to conform.
Amend title to conform.

Rep. EDGE explained the amendment.

Rep. EDGE moved to adjourn debate on the amendment, which was agreed to.

Reps. COOPER and SANDIFER proposed the following Amendment No. 4A (Doc Name h:\legwork\house\amend\h-wm\002\hv2-public safety comm ctr.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 460, after line 10, by adding an appropriately numbered paragraph to read:
/(BCB: South Carolina 911 Advisory Committee)   The CMRS Emergency Telephone Advisory Committee established pursuant to Section 23-47-65 of the 1976 Code and which terminated after August 1, 2004, is reestablished for the current fiscal year as it was established in Section 23-47-65. The powers of that committee which were devolved on the State Budget and Control Board are redevolved in the reestablished committee. However, this reestablished committee is renamed the South Carolina 911 Advisory Committee and the ex officio membership of the State Auditor is replaced by a State Budget and Control Board Division Director appointed by the Governor, who shall serve ex officio. Also, the member who is an employee of a telephone service supplier must be replaced by an employee of a local exchange access facility service supplier licensed to do business in this State./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL proposed the following Amendment No. 5A (Doc Name h:\legwork\house\amend\h-wm\002\hv2-sde2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 336, after line 19, by adding an appropriately numbered paragraph to read:
/Of the funds appropriated/authorized to the Department of Education, six million dollars must be used to fund the Education and Economic Development Act./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. SCARBOROUGH and HARRELL proposed the following Amendment No. 1A (Doc Name h:\legwork\house\amend\council\ ggs\22134htc05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Page 372, by adding an appropriately numbered paragraph at the end of Section 8 to read:
/   8._____(DHHS:   Medical Homes Network)   During the current fiscal year, the department shall implement a Medical Homes Network (MHN), comparable to those already established by the department, in one or more metropolitan areas of the state including Charleston, Columbia, and Greenville and as described in this paragraph. In this implementation, the department shall contract with a management-services organization (MSO) or administrative-services organization (ASO) that will: (a) assist local physicians in developing a MHN; (b) be dedicated to providing support to the MHN; and (c) support the goals of South Carolina's Medicaid Program. The MHN(s) must be a primary care case-management program that is "provider friendly" with detailed reporting of activities, effective care management strategies, and strong physician incentives. The primary care physicians shall lead the clinical programs of the network. The department shall partner with the MHN(s) with the objectives of improving the quality of health care and reducing costs of the participating members. The program must be based on a shared savings, with the shared savings administered through the department's contract with the MSO/ASO, and with the entire program being funded from its share of the savings, and the state's share of savings returned to the department. Savings must be calculated by a "look back" at claims experience. An independent actuary under contract with the department must be used to make the appropriate case-mix adjustments of the populations being compared. The savings must be defined by a reduction in the cost of care of enrolled, versus the cost of care of comparable un-enrolled, Medicaid beneficiaries. The program must use a case-mix adjustment that encourages the MHN(s) to enroll and manage "sick" and "well" beneficiaries. The selected MSO/ASO, in the opinion of the department, shall have appropriate qualifications. In selecting the MSO/ASO, the department shall give strong preference to any MSO/ASO that has experience in network development, medical management, including disease management, complex-case management, medical economics, and managed care. /
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Rep. EDGE proposed the following Amendment No. 3A (Doc Name COUNCIL\GJK\20480HTC05), which was adopted:
Amend the bill, as and if amended, in PART IB, SECTION 8, Department of Health and Human Services, page 372, by adding a new paragraph at the end appropriately numbered to read:
/8.___.   (DHHS: Disproportionate Share Assessments)   (A)   For the current fiscal year, every nonpublic hospital licensed as a general hospital by the Department of Health and Environmental Control and designated as eligible for disproportionate share payments by the Department of Health and Human Services is subject to the payment of an assessment. Each nonpublic general hospital's assessment must be based on the total expenditures of each nonpublic general hospital as a percentage of total nonpublic general hospital expenditures statewide. Nonpublic general hospital expenditures must be the basis for the determination of each nonpublic general hospital's assessment except that the basis for the assessment may be changed if the appropriate federal official notifies the Department of Health and Human Services that a different basis must be used to obtain federal matching funds for use as provided in Section 12-23-950 of the 1976 Code.

(B)   Total revenues in the current fiscal year, exclusive of penalties and interest, from the assessment imposed pursuant to subparagraph (A) must equal eighty-five million dollars.

(C)   The Department of Health and Human Services shall set criteria for determining if a general hospital is eligible to receive disproportionate share payments.

(D)   The state match for disproportionate share payments to eligible hospitals is derived from intergovernmental transfers from eligible public general hospitals and assessments, as imposed pursuant to this paragraph, on eligible nonpublic general hospitals.

(E)   The Department of Revenue shall administer and enforce the provisions of this paragraph. The assessments imposed pursuant to this paragraph must be collected in accordance with the provisions of Chapter 54 of Title 12 of the 1976 Code.

(F)   Assessments imposed pursuant to this paragraph must be issued by the Department of Revenue. The Department of Health and Environmental Control and the Office of Research and Statistics of the State Budget and Control Board shall provide information to the Department of Revenue to be used to determine each nonpublic general hospital's assessment.

(G)   On the first day of each quarter, each nonpublic general hospital shall remit one-fourth of its assessment for the current fiscal year to the Department of Revenue. The assessment must be paid for each quarter a nonpublic general hospital is in operation. If a nonpublic general hospital ceases operations, the assessments not paid as a result of the cessation of operations must be apportioned among other nonpublic general hospitals in operation.

(H)   Revenues from intergovernmental transfers from eligible public general hospitals and from the assessment imposed pursuant to this paragraph must be used for the sole purpose of securing federal matching dollars for the state's Medicaid program to increase hospital payments for the treatment of Medicaid and uninsured patients. All revenues and related federal matching funds must be deposited in a separate account managed by the Department of Health and Human Services.

(I)   If federal matching funds are not available for the current fiscal year, the assessment imposed pursuant to this paragraph must not be collected. If the assessment is collected for the current fiscal year before the Department of Health and Human Services is notified that federal matching funds are not available, then the amount collected must be refunded to the hospitals from which the assessments were collected.

(J)   This paragraph takes effect July 1, 2005, except that the first assessments imposed pursuant to subparagraph (A) are not due and payable until the Department of Health and Human Services has received approval from the appropriate federal officials for its plan to increase payments to hospitals for Medicaid and uninsured patients and the federal officials have confirmed that federal matching funds will be made available in accordance with the plan.   /
Renumber sections to conform.
Amend title to conform.

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

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

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

H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J. R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.

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

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

H. 3870 (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 INCREASE FROM FIVE TO SEVEN THE NUMBER OF COMMISSIONERS AND TO PROVIDE THAT TWO MEMBERS MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.

Rep. WALKER proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3403DW05), which was adopted:
Amend the bill, as and if amended, Section 2, as contained in SECTION 1, page 1, by deleting line 29 and inserting:
/ shall consist consists of five resident seven electors. Of these electors, six members must be residents of the district /.
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

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

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

H. 3312 (Word version) -- Reps. Witherspoon and Vick: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FARM TRUCK LICENSE FEES, SO AS TO REVISE THE DEFINITION OF THE TERM "FARM TRUCK".

Rep. WITHERSPOON explained the Senate Amendments.

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

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

Further proceedings were interrupted by the Joint Assembly.

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3534 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend and Witherspoon: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 4, 2005, AS THE TIME THE SENATE AND HOUSE OF REPRESENTATIVES SHALL MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PRESENTATION OF THE 2005 ELIZABETH O'NEILL VERNER AWARDS.

The 2005 Elizabeth O'Neill Verner Award Winners were escorted to the rostrum by Senators Patterson, Leatherman, Lourie, Campsen, Hutto, Matthews, Fair, J. V. Smith, Setzler, Verdin, Anderson and Thomas and Representatives J. E. SMITH, COATES, HARRISON, LIMEHOUSE, RHOAD, OTT, GOVAN, COBB-HUNTER, VAUGHN, BINGHAM, COTTY and J. H. NEAL.

Lt. Gov. Bauer made the following remarks:
"On behalf of the South Carolina General Assembly, I want to welcome the winners of the 2005 Elizabeth O'Neill Verner Awards for the Arts and their families and friends. We are glad to have all of you here today to celebrate the presentation of these awards, which represent South Carolina's highest honor in the Arts. On this special occasion we recognize the achievements and contributions of two organizations, one business, three individuals and one ensemble all whom have distinguished themselves as outstanding participants in our State's cultural life. As patrons, stewards and creators, these notable citizens have enriched all of our lives and strengthened the educational, economic and social fabric of our great State. By recognizing these South Carolinians for their achievements, we likewise recognize the importance of the role that the Arts play in our lives as individuals, communities and our State as a whole. Now I would like to invite the Speaker of the House, the Honorable David Wilkins to do the honor of introducing this year's Elizabeth O'Neill Verner Governor Award recipients."

SPEAKER WILKINS made the following remarks:
"Thank you Lt. Governor. The Elizabeth O'Neill Verner Awards help us recognize the many important roles that individuals, organizations, public agencies, and corporations play in bringing the arts to life for our citizens. Much needs to be done behind the scenes to promote the great work of artists. Among today's honorees we celebrate those who produce the artistic experiences and those who help make those experiences possible in a variety of ways. It is my honor to present to you this year' s winners of the Verner Awards:

Eighty-one years ago the Florence Little Theatre was started and today remains a vital and inspirational contributor to the Pee Dee community. The Theatre offers productions and programs for all ages from traditional Broadway favorites to Children's Workshops inspiring new talent and inspiration for the arts. The Theatre entertains more than 45,000 people annually and is blessed with an abundance of talent and support from Florence and surrounding areas. Volunteers, underwriters, benefactors, and patrons, as well as a loyal community contribute to the Theatre's success ensuring at the very least another eight decades of smashing success! The 2005 Verner Award for an Arts Organization goes to the Florence Little Theatre.

The Richland County Public Library is a place where all citizens can experience and appreciate the arts. Special programs, exhibits, theatrical performances, and literary readings, as well as the Library's vast collections and resources, helped attract 1.8 million visitors to the Library in 2004.
The Library's Literary Residency program draws on the talents of area writers, actors, and scholars to provide creative literary and historical presentations, lectures, and workshops. The 2005 Verner Award for Government goes to The Richland County Public Library.

Time Warner Cable believes the arts reflect who we are and how we understand the world around us-helping to bridge class and cultural divisions and strengthen communities. The company's support of the arts is diverse. Examples include field trips to the Columbia Museum of Art for underserved students, summer camp at the Orangeburg Fine Arts Center, the Sumter Iris Festival Chalk Art Contest, and restoration of the music education program at Scott's Branch Middle School in Summerton to name just a few.
The 2005 Verner Award for Business goes to Time Warner Cable SC Division.

Deborah Smith Hoffman has spent her career working to make the arts an important part of the education of every child in South Carolina. With long experience as a public school music teacher and school district arts coordinator, she became the Arts in Basic Curriculum Project Director in 1998. As ABC Director, she coordinated statewide activities to bolster arts education and was instrumental in enhancing our already strong reputation as a national leader in this field. Currently Dr. Hoffman is the Education Associate for the Arts at the South Carolina Department of Education, where she has had a profound impact in improving all areas of arts education. The 2005 Verner Award for Arts Education goes to Deborah Smith Hoffman.

Scott Shanklin-Peterson's professional career reflects a commitment to building public/private partnerships that bring the arts to local, national, and international communities. She has served as Executive Director of the State Arts Commission and Senior Deputy Chairman of the National Endowment for the Arts. The South Carolina Arts Alliance and the National Education Association both have recognized her leadership in the arts, and she is a recipient of our State's highest honor: the Order of the Palmetto. Among her peers, Ms. Shanklin-Peterson is recognized as 'a creative, resourceful visionary' whose work has had 'enduring impact' in public policy at the state and national levels. The 2005 Verner Award for an Individual goes to Scott Shanklin-Peterson.

The Jarvis Brothers - Anthony, Donald, Reginald, Rogers and Ulysses have inspired and delighted audiences for decades with their renditions of authentic spirituals sung a cappella in four- and five-part harmony. Organized and arranged by their mother, Anna Gadsden Jarvis, these five sons began singing spirituals over 40 years ago.
The Jarvis brothers have become models for young singers in gospel music. In 1989, they were presented with the Jean Laney Harris Folk Heritage Award and today the 2005 Verner Award for Individual Artists goes to the Jarvis Brothers Quintet.

Carl Blair has been a presence on the South Carolina arts scene since 1957. As an artist, he was in the vanguard of modern art and his prominence as a painter and sculptor has steadily increased, marked by several museum retrospectives since 1995. As an art teacher for four decades at Bob Jones University, Carl Blair was instrumental in making that institution a hub for fine art production in the Upstate. As co-founder of Hampton III Gallery in Taylors, Mr. Blair has helped provide an outlet for contemporary art and South Carolina artists. Mr. Blair's work is in more than 2,500 private, corporate, and public collections. The 2005 Verner Award for Lifetime Achievement goes to Carl R. Blair.

On behalf of the entire General Assembly, let me express our deep appreciation to all our winners for all you do for our State. You help make South Carolina shine!

I now invite the Jarvis Brothers to grace us with a brief number to remind us once again of the uplifting power of the Arts."

SPEAKER WILKINS recognized Florence Little Theatre.
SPEAKER WILKINS recognized Richland County Public Library.
SPEAKER WILKINS recognized Time Warner Cable SC Division.
SPEAKER WILKINS recognized Deborah S. Hoffman.
SPEAKER WILKINS recognized Scott Shanklin-Peterson.
SPEAKER WILKINS recognized Jarvis Brothers Quintet.
SPEAKER WILKINS recognized Carl R. Blair.

Lt. Gov. Bauer made the following closing remarks:
"If the members of the Joint Assembly would please rise as the Elizabeth O'Neill Verner Award Winners and their escort committee depart the Chamber."

Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

At 12:30 p.m. the House resumed, the SPEAKER in the Chair.

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

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

The following was received:

Columbia, S.C., May 4, 2005
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:30 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

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

At 2:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:

(R58, S. 102 (Word version)) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford, Leatherman, Leventis, Campsen and Moore: AN ACT TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THIS SPECIAL LICENSE PLATE TO PURPLE HEART RECIPIENTS WHO OWN MOTORCYCLES.

(R59, S. 405 (Word version)) -- Senator Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.

(R60, S. 418 (Word version)) -- Senators Hayes and Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 61 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.

(R61, S. 719 (Word version)) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.

(R62, S. 764 (Word version)) -- Senator Short: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.

(R63, H. 3152 (Word version)) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J.E. Smith: AN ACT 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 INCREASE THE AMOUNT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO TWENTY-SIX PERCENT AND TO PROVIDE THAT FIFTEEN PERCENT OF THAT AMOUNT MAY BE USED BY THE DEPARTMENT TO GIVE A REBATE FOR EXPENDITURES TO A MOTION PICTURE COMPANY THAT SPENDS AT LEAST ONE MILLION DOLLARS IN THE STATE; 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; AND 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.

(R64, H. 3862 (Word version)) -- Reps. Battle and M. Hines: AN ACT 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.

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

The following Bill was taken up:

H. 3489 (Word version) -- Reps. Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS; AND TO AMEND SECTION 4-9-10, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3341DW05):
Amend the bill, as and if amended, by striking subsections (A) and (B) of Section 4-9-1410, as contained in SECTION 1, and inserting:

/ (A)(1)   The provisions of this article only apply to the election of members of the governing body of a county and the following county offices:

(a)   auditor;

(b)   treasurer;

(c)   clerk of court;

(d)   probate judge;

(e)   sheriff;

(f)   coroner; and

(g)   register of mesne conveyance.

(2)   A county may choose to elect some of the officers enumerated in item (1) of this subsection in nonpartisan elections and others in partisan elections as provided in subsection (D).

(B)   A county may choose to elect the members of its governing body and any of the county officers enumerated in item (1) of subsection (A) in a nonpartisan election by one of the following methods:

(1)   the governing body of each county in this State may adopt by ordinance one of the alternative methods of nominating candidates for and determining the results of its nonpartisan elections as provided in subsection (C) of this section; or

(2)   a referendum requesting that one of the three methods of nominating a candidate in a nonpartisan election be implemented in the county as provided in subsection (C) of this section may be called by a petition of not less than five percent of the registered electors of the county. A petition must be certified as valid or rejected by the county board of registration within sixty days after it has been delivered to the board and, if certified, must be filed with the governing body which shall provide for a referendum not more than ninety days after it has been received. A referendum must be conducted by the county election commission and may be held in a general election or in a special election as determined by the governing body if the conditions of this section are met. A change from the current method of electing council members does not become effective unless the proposed method receives a favorable vote of a majority of those persons voting in a referendum. After a referendum has been held and whether or not a change in the form results from it, no additional referendums may be held for a period of four years. /
Renumber sections to conform.
Amend title to conform.

Rep. TALLEY explained the amendment.

Rep. TALLEY moved to adjourn debate on the Bill until Tuesday, May 10, which was agreed to.

The following Bill was taken up:

H. 3652 (Word version) -- Reps. W. D. Smith, Vaughn, Merrill, Loftis, Tripp, Scarborough, Hinson, Young, Ceips, J. R. Smith, Viers, Leach, Harrison, Chellis, Edge, Herbkersman, Clemmons, Davenport, Delleney, Hagood, Limehouse, McGee, Altman, Chalk, Haskins, Hamilton, Cato, Duncan, Barfield, Owens, Stewart, Rice and Witherspoon: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 18 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6489SJ05), which was tabled:
Amend the bill, as and if amended, by deleting all after the enacting clause and inserting:
/ SECTION   1.   A.   Title 12 of the 1976 Code is amended by adding:

Section 12-18-10.   This chapter may be cited as the 'South Carolina Put Parents in Charge Pilot Program'.

Section 12-18-20.   The purpose of this chapter is to create a pilot program to be implemented in certain school districts in this State to:

(1)   restore parental control of education;

(2)   improve public school performance; and

(3)   expand educational opportunities for children of families in poverty.

Section 12-18-30.   As used in this chapter, unless otherwise required by the context:

(1)   'Average state per pupil expenditure' means, as applicable, an amount determined annually by the budget office not later than December fifteenth of each year. It should be an estimate of spending for the current school year, but must not be lower than actual per pupil spending for the preceding school year. The budget office shall divide the state's total expenditures for public education by the total number of students. 'State's total expenditures for public education' means all direct and indirect expenditures by the State regardless of the source of funds but excluding federal funds and local funds, and including, but not limited to, expenditures pursuant to the Education Finance Act of 1977, the South Carolina Educational Improvement Act of 1984, the South Carolina Education Accountability Act of 1998, expenditures by the State Department of Education, reimbursements to school districts for the property tax exemption contained in Section 12-37-251, disbursements to school districts for capital improvements funded from sources other than state bond issues, and expenditures for debt service on state bonds issued to fund school district capital improvements. 'Total number of students' means the total number of public school students in the State determined on a headcount basis as of the most recent count for average daily membership as provided in Section 59-20-40.

(2)   'Budget office' means the Office of State Budget in the Budget and Analyses Division of the State Budget and Control Board.

(3)   'Department' means the South Carolina Department of Revenue.

(4)   'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-56-10 may be met and that does not discriminate based on the grounds of race, color, or national origin. 'Independent school' includes home schools as provided in Article 1, Chapter 65, Title 59.

(5)   'Public school' means a public school in one of two school districts to be determined by the Department of Education. In choosing these districts, the Department of Education shall choose one district from the bottom twenty-five percent and one district from the top twenty-five percent of districts based on data relating to median household income compiled by the Department of Education, Office of Research.

(6)   'Qualifying student' means an individual:

(a)   who is:

(i)   enrolled at an independent school as a full-time student, as determined by the school, for which the school has a release of information form;

(ii)   taught at home pursuant to Article 1, Chapter 65, Title 59; or

(iii)   a resident of this State, and, if enrolled in a public school, is not a resident of the area zoned for that public school;

(b)   who is in kindergarten through grade twelve;

(c)   who is a resident of one of the two districts chosen by the Department of Education pursuant to item (5); and

(d)   whose parent's or legal guardian's taxable income for South Carolina income tax purposes for the immediately preceding tax year is seventy-five thousand dollars or less. For purposes of determining if an individual is a qualifying student, the seventy-five thousand dollar amount must be increased by five thousand dollars for each exemption in excess of two that is claimed on the income tax return of the parents or legal guardian. By December fifteenth of each year, the department shall adjust cumulatively the seventy-five thousand dollar amount and the five thousand dollar amount in the same manner that brackets are adjusted in Section 1(f) of the Internal Revenue Code.

(7)   'Receipt' means a document that a school issues to the person that makes a tuition payment on behalf of a qualifying student. The department shall develop the form of the document the content of which must be limited to and include, the name and address of the school; the name, address and social security number of the qualifying student on whose behalf the tuition was paid; the name of the person paying the tuition; the names of all other persons who have paid tuition, in chronological order, during the then current calendar year on behalf of the qualifying student prior to the payment for which the receipt is being issued and including the total tuition paid by the named person; and the date and amount of tuition paid and the aggregate amount of tuition paid for the qualifying student. The document also must contain in the chronological listing the date and amount of tuition paid, or to be paid as evidenced by the notice of scholarship award required to be submitted to the school as provided in Section 12-18-760(B), by a scholarship granting organization if the source of funds for the scholarship is monies for which a credit may be claimed pursuant to Article 5 of this chapter. For a student taught at home pursuant to Article 1, Chapter 65, Title 59, 'receipt' means a document issued by the entity receiving a payment for tuition, which contains the name of the entity receiving the payment; the identity of the goods or services purchased; the date and amount of tuition paid; and, if the receipt is for personal services, the person's taxpayer identification number.

(8)   'Release of information form' means a form developed by a school that states that a parent or the legal guardian of the qualifying student consents to the release of the information contained in the receipt and is consistent with the requirements of 20 U.S.C. Section 1232g, Family Educational Rights and Privacy Act of 1974.

(9)   'Scholarship granting organization' means an organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, gives scholarships to qualifying students from contributions that may be claimed as a credit pursuant to Article 5 of this chapter, is organized pursuant to South Carolina law and has complied with the provisions of this chapter.

(10)   'School' means a public school or independent school.

(11)   'State' means the government of the State of South Carolina.

(12)   'Tuition' means the amount charged for attending a public school when the student is not zoned for the school or for attending an independent school. 'Tuition' includes fees necessary for attending the respective school including, but not limited to, enrollment fees and transportation fees. For students taught at home pursuant to Article 1, Chapter 65, Title 59, 'tuition' means expenses incurred for tutors; textbooks; school supplies; computers including hardware and software; fees for membership in an association that sets the academic standards for the student's home schooling program; and academic lessons including, but not limited to, science, math, music, and art. Expenses for tutors or academic lessons may be included in 'tuition' only if the person providing the tutoring or academic lessons is a person other than the student's parent or legal guardian and who meets the requirements for providing the service as set by the standard-setting entity for that student's home school program. 'Tuition' does not include athletic fees.

Section 12-18-40.   The department may promulgate regulations to aid in the performance of its duties pursuant to this chapter.

Section 12-18-50.   The department may conduct examinations and investigations whenever it believes that the provisions of this chapter have been evaded or violated in any manner. All powers possessed by the department as provided in Title 12 to conduct examinations and investigations apply to examinations and investigations conducted pursuant to this section.

Section 12-18-55.   Entities receiving a distribution of insurance premium tax revenues are held harmless against a reduction in that distribution attributable to the provisions of this chapter. The Department of Revenue shall make an alternate calculation of the distributions from insurance premium tax revenues as if the provisions of this chapter were not in effect, and each entity shall receive the larger of the regular or alternate calculation.

Section 12-18-60.   If a student wants to transfer to a different school, the board of trustees of the school district shall approve or disapprove the transfer. If the board of trustees approves the transfer, the board may estimate the tuition to charge the transferring student.

Section 12-18-70.   The annual determinations required in this chapter to be made by the budget office must be used by the department to set the limits on the amount of credit that may be claimed pursuant to Section 12-18-310 for the tax year beginning after the December thirty-first immediately following the determinations and on the amount for scholarships awarded pursuant to Section 12-18-750 for the calendar year beginning immediately following the determinations.

Section 12-18-310.   (A)   A person is allowed a tax credit for tuition paid for qualifying students to attend a school. The credit may be applied against the person's liability for taxes imposed pursuant to Chapter 6 of this title, license fees imposed pursuant to Chapter 20 of this title, or insurance premium taxes imposed pursuant to Chapter 7 of Title 38. Limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of another credit allowed for that tax or license fee must be computed after the credit allowed by this section is used to reduce a tax or license fee liability pursuant to Chapter 6 or 20 of this title or Chapter 7 of Title 38. The credit may be claimed only by the person who actually paid the tuition except that if the credit is earned by one member of a controlled group of corporations, the credit may be used and applied by that member and by another member of the controlled group of corporations. As used in this article, 'controlled group of corporations' has the same meaning as provided in Section 12-6-3480(5). More than one person may claim a credit for the payment of a portion of the qualifying student's total tuition but only if the person actually paid the portion and the total credit taken by all persons does not exceed, in the aggregate, the limits set in this section. If the person's receipt indicates that the aggregate tuition paid by all persons, including scholarships from scholarship granting organizations if the source of funds for the scholarship is monies for which a credit may be claimed pursuant to Article 5 of this chapter, for the qualifying student exceeds the credit which may be claimed pursuant to this article, then that person may claim the credit only to the extent that the person's tuition payment does not exceed the allowable credit. No credit may be claimed by a person without a receipt. The credit is nonrefundable. A credit claimed pursuant to this section but not used in a taxable year may be carried forward for five years from the taxable year in which the credit is earned by the taxpayer. Credits which are carried forward must be used in the order earned. As used in this article, 'person' has the same meaning as provided in Section 12-2-20.

(B)(1)   Except as otherwise provided in this section, the credit claimed for each qualifying student pursuant to this article may not exceed the lesser of:

(a)   eighty percent of the actual tuition paid; or

(b)   fifty-one percent of the average state per pupil expenditure.

(2)   Notwithstanding the provisions of item (1), if the qualifying student is classified as educable mentally handicapped, learning disabilities handicapped, or speech handicapped, then the credit claimed for the qualifying student must not exceed the lesser of either eighty percent of the actual tuition paid or seventy-one percent of the average state per pupil expenditure. If the qualifying student is classified as trainable mentally handicapped, emotionally handicapped, orthopedically handicapped, or homebound, then the credit claimed for the qualifying student must not exceed the lesser of either eighty percent of the actual tuition paid or eighty-nine percent of the average state per pupil expenditure. If the qualifying student is classified as visually handicapped, hearing handicapped, or autistic, then the credit claimed for the qualifying student must not exceed the lesser of either eighty percent of the actual tuition paid or one hundred twenty-seven percent of the average state per pupil expenditure. If the qualifying student may be classified in more than one classification, the classification with the higher limit must be used.

(C)(1)   Notwithstanding the provisions of subsection (B), for qualifying students who are eligible for free or reduced price meals or for free milk, as determined in accordance with 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, the credit claimed for each of those qualifying students may not exceed the lesser of either:

(a)   one hundred percent of the actual tuition paid; or

(b)   sixty-four percent of the average state per pupil expenditure.

(2)   Notwithstanding the provisions of subsection (B) and (C)(1), for qualifying students who are eligible for free or reduced price meals or for free milk, as determined in accordance with 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, and who are classified in a category identified in subsection (B)(2), the credit claimed for each of those qualifying students may not exceed the lesser of either:

(a)   one hundred percent of the actual tuition paid; or

(b)(i)   eighty-nine percent of the average state per pupil expenditure if the qualifying student is classified as educable mentally handicapped, learning disabilities handicapped, or speech handicapped;

(ii)   one hundred twelve percent of the average state per pupil expenditure if the qualifying student is classified as trainable mentally handicapped, emotionally handicapped, orthopedically handicapped, or homebound; or

(iii)   one hundred sixty percent of the average state per pupil expenditure if the qualifying student is classified as visually handicapped, hearing handicapped, or autistic.

If a qualifying student may be classified in more than one classification, the classification with the higher limit must be used.

Section 12-18-510.   A person is allowed a tax credit for contributions to a scholarship granting organization that will be used in accordance with Section 12-18-750(A). The credit may be applied against the person's liability for taxes imposed pursuant to Chapter 6 of this title, license fees imposed pursuant to Chapter 20 of this title, or insurance premium taxes imposed pursuant to Chapter 7 of Title 38. Limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of another credit allowed for that tax or license fee must be computed after the credit allowed by this section is used to reduce a tax or license fee liability pursuant to Chapter 6 or 20 of this title or Chapter 7 of Title 38. The credit may be claimed only by the person who actually made the contribution except that if the credit is earned by one member of a controlled group of corporations, the credit may be used and applied by that member and by another member of the controlled group of corporations. As used in this article, 'controlled group of corporations' has the same meaning as provided in Section 12-6-3480(5) and 'person' has the same meaning as provided in Section 12-2-20. The credit is nonrefundable. A credit claimed pursuant to this section but not used in a taxable year may be carried forward for five years from the taxable year in which the credit is earned by the taxpayer. Credits which are carried forward must be used in the order earned.

Section 12-18-520.   A scholarship granting organization receiving contributions for which the person claims a credit pursuant to this article must segregate the contributions from other funds of the scholarship granting organization.

Section 12-18-530.   A person may not contribute more than ten thousand dollars to scholarship granting organizations in one tax year.

Section 12-18-610.   A person is allowed a tax credit for a contribution, donation, or gift to any school district, as defined in Section 59-1-160, in the State of South Carolina that will be used in accordance with Section 12-18-630. The credit may be applied against the person's liability for taxes imposed pursuant to Chapter 6 of this title, license fees imposed pursuant to Chapter 20 of this title, or insurance premium taxes imposed pursuant to Chapter 7 of Title 38. Limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of another credit allowed for that tax or license fee must be computed after the credit allowed by this section is used to reduce a tax or license fee liability pursuant to Chapter 6 or 20 of this title or Chapter 7 of Title 38. The credit may be claimed only by the person who actually made the contribution except that if the credit is earned by one member of a controlled group of corporations, the credit may be used and applied by that member and by another member of the controlled group of corporations. As used in this article, 'Controlled Group of Corporations' has the same meaning as provided in Section 12-6-3480(5) and 'person' has the same meaning as provided in Section 12-2-20. The credit is nonrefundable. A credit claimed pursuant to this section but not used in a taxable year may be carried forward for five years from the taxable year in which the credit is earned by the taxpayer.

Credits which are carried forward must be used in the order earned.

Section 12-18-620. a school district, as defined in Section 59-1-160, receiving contributions, donations, or gifts for which the person claims a credit pursuant to this article must segregate the contributions from other funds of the school district.

Section 12-18-630.   Contributions, donations, or gifts to a school district, as defined in Section 59-1-160, which qualify for the credit provided in Article 6 of this Chapter, must be used by the school district for the purpose of providing a public education by providing for classroom instruction, equipment, administrative costs and expenses, transportation, offset the debit service millage or school district millage, classroom materials, supplies, services, maintenance, rent, utilities, and compensation of personnel. These funds from any contribution, donation, or gift to a school district must not be considered part of the funds subject to the maintenance of local effort requirement provided in Section 59-21-1030.

Section 12-18-710.   (A)   A scholarship granting organization, not later than thirty days after its organization, shall register with the department as provided in this section. After that, the scholarship granting organization, not later than January thirty-first of each year, shall renew its registration with the department. Each scholarship granting organization registering with the department, whether initial or renewal, shall pay a fee of one hundred dollars.

(B)   The registration must be in a form developed by the department and available both electronically and in paper form and be limited to and include:

(1)   the full name, address, and telephone number of the scholarship granting organization;

(2)   the name, address, and telephone number of the chief administrative official of the scholarship granting organization;

(3)   the names, addresses, and telephone numbers of the individuals who serve on the scholarship granting organization's governing body;

(4)   the scholarship granting organization's federal taxpayer identification number;

(5)   a statement of the scholarship granting organization's status as a 501(c)(3) organization pursuant to the Internal Revenue Code;

(6)   a statement that the scholarship granting organization does not discriminate in hiring on the basis of race, color, national origin, or disability; and

(7)   certification by an authorized official of the scholarship granting organization that the information contained on the registration statement is true and correct.

(C)   A scholarship granting organization shall file a supplemental registration statement indicating a substantial change in the information contained in the prior registration statement within thirty days after the date of the change.

(D)   The department may revoke or suspend the registration of a scholarship granting organization for a violation of this chapter in accordance with Article 3, Chapter 23, Title 1, the South Carolina Administrative Procedures Act.

(E)   Contributions to a scholarship granting organization that is not registered with the department or during the time that the registration of the scholarship granting organization is revoked or suspended do not qualify for the credit provided in Article 5 of this chapter.

Section 12-18-720.   (A)   Each scholarship granting organization, not later than June thirtieth of each year, shall file a report with the department covering that scholarship granting organization's activities during the most recently completed calendar year.

(B)   Each report must be in a form developed by the department and available both electronically and in paper form and be limited to and include:

(1)   the full name, address, and telephone number of the reporting scholarship granting organization;

(2)   the name, address, and telephone number of the chief administrative official of the scholarship granting organization;

(3)   the names, addresses, and telephone numbers of the individuals who serve on the scholarship granting organization's governing body;

(4)   the scholarship granting organization's federal taxpayer identification number;

(5)   a statement of the scholarship granting organization's status as a 501(c)(3) organization pursuant to the Internal Revenue Code;

(6)   a statement of the monies received for which a credit may be claimed pursuant to Article 5 of this chapter during the covered period including:

(a)   a listing of the amounts expended by number and amount of scholarships awarded by the school attended by the scholarship recipient and by the public school district in which the qualifying student would attend if the qualifying student were attending a public school;

(b)   the total number and total dollar amount of scholarships awarded, the total number and total dollar amount of scholarships awarded to students eligible for free or reduced price meals or for free milk, as determined pursuant to 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, and the percentage of first-time recipients of scholarships who were enrolled in a public school in the year prior to the award of the scholarship; and

(c)   the beginning balance for monies held for administrative expenses, a listing of the expenditures, by category, for administrative expenses including, but not limited to, marketing materials, office supplies, legal services, accounting services, rent, utilities, and compensation of personnel, and the ending balance for monies held for administrative expenses;

(7)   a copy of the scholarship granting organization's annual financial and compliance audit of its accounts and records conducted by an independent certified public accountant and in accordance with regulations adopted by the department; and

(8)   certification by an authorized official of the scholarship granting organization that the information contained in the report is true and correct.

(C)   Information provided to the department pursuant to this section and Section 12-18-710 is available for public inspection and copying pursuant to the Freedom of Information Act. The department shall make information provided to the department pursuant to this section or Section 12-18-710 accessible to the public through the department's website.

Section 12-18-730.   A scholarship granting organization shall notify the department whenever the scholarship granting organization receives more than five hundred thousand dollars of contributions in the aggregate in a calendar quarter. The notification must be filed with the department not later than thirty days after the close of the calendar quarter and must inform the department of the total amount of contributions received by the scholarship granting organization for the reporting period.

Section 12-18-740.   (A)   Scholarship granting organizations that receive or expect to receive fifty thousands dollars or more of contributions in the aggregate in a calendar year shall file and maintain with the department a surety bond in favor of the State executed by a surety company authorized to transact business in this State. Instead of a surety bond, the scholarship granting organization may file with the department letters of credit and certificates of deposit of financial institutions located within the State in which deposits are guaranteed by the federal government or any other financial instrument that the department considers appropriate. The amount of the surety bond, letter of credit, certificate of deposit, or any other instrument filed with the department must be in an amount equal to the aggregate amount of contributions the scholarship granting organization expects to receive during the calendar year. The surety bond must be on a form approved by the department. A surety bond or financial instrument filed with the department must be conditioned to pay a person who sustains a loss as a result of:

(1)   the scholarship granting organization's violation of or failure to comply with any requirement of this chapter;

(2)   the scholarship granting organization's misapplication or misappropriation of funds received by it; or

(3)   an act of fraud or dishonesty committed by the scholarship granting organization in the administration of a scholarship program.

(B)   An aggrieved person may institute an action in the county of the person's residence against the scholarship granting organization or the surety, or both, to recover on the surety bond or to recover from the letters of credit, certificates of deposit or other financial instrument accepted by the department.

Section 12-18-750.   (A)   Contributions to a scholarship granting organization, which qualify for the credit provided in Article 5 of this chapter, must be used by the scholarship granting organization only for the purpose of providing scholarships to qualifying students except that not more than five percent of the contributions may be used for administrative expenses of the scholarship granting organization including, but not limited to, marketing materials, office supplies, legal services, accounting services, rent, utilities, and compensation of personnel. Students taught at home pursuant to Article 1, Chapter 65, Title 59, are eligible for scholarships provided for in this section.

(B)(1)   Except as otherwise provided in this section, in a calendar year, a scholarship granting organization may not award a scholarship to a qualifying student, which exceeds the lesser of:

(a)   eighty percent of the amount of the tuition at the qualifying student's school; or

(b)   fifty-one percent of the average state per pupil expenditure.

(2)   Notwithstanding the provisions of item (1), if the qualifying student is classified as educable mentally handicapped, learning disabilities handicapped, or speech handicapped, then a scholarship granting organization may not award a scholarship to the qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or seventy-one percent of the average state per pupil expenditure. If the qualifying student is classified as trainable mentally handicapped, emotionally handicapped, orthopedically handicapped, or homebound, then a scholarship granting organization may not award a scholarship to the qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or eighty-nine percent of the average state per pupil expenditure. If the qualifying student is classified as visually handicapped, hearing handicapped, or autistic, then a scholarship granting organization may not award a scholarship to the qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or one hundred twenty-seven percent of the average state per pupil expenditure. If the qualifying student may be classified in more than one classification, the classification with the higher limit must be used.

(C)(1)   Notwithstanding the provisions of subsection (B), for a qualifying student who is eligible for free or reduced price meals or for free milk, as determined pursuant to 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, the scholarship from the scholarship granting organization may not exceed the lesser of either:

(a) one hundred percent of the amount of the tuition at the qualifying student's school; or

(b) sixty-four percent of the average state per pupil expenditure.

(2)   Notwithstanding the provisions of subsection (B) and (C)(1), for qualifying students who are eligible for free or reduced price meals or for free milk, as determined in accordance with 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, and who are classified in a category identified in subsection (B)(2), the scholarship from the scholarship granting organization may not exceed the lesser of either:

(a)   one hundred percent of the amount of the tuition at the qualifying student's school; or

(b)(i)   eighty-nine percent of the average state per pupil expenditure if the qualifying student is classified as educable mentally handicapped, learning disabilities handicapped, or speech handicapped;

(ii)   one hundred twelve percent of the average state per pupil expenditure if the qualifying student is classified as trainable mentally handicapped, emotionally handicapped, orthopedically handicapped, or homebound; or

(iii)   one hundred sixty percent of the average state per pupil expenditure if the qualifying student is classified as visually handicapped, hearing handicapped, or autistic.

If a qualifying student may be classified in more than one classification, the classification with the higher limit must be used.

(D)   A qualifying student may receive a scholarship from more than one scholarship granting organization; however, the total amount of the scholarships received from all scholarship granting organizations may not exceed the calendar year limits as established in this section.

Section 12-18-760.   (A)   A scholarship granting organization, within thirty days after the day on which a person makes a contribution to the scholarship granting organization, shall provide to the person a written statement containing the name and address of the scholarship granting organization, the name of the person making the contribution, the amount of the contribution, the date of the contribution and certifying that the contribution must be used in accordance with this chapter. The written statement must inform the person that the statement is provided pursuant to this section and that the scholarship granting organization is segregating the contribution from other funds of the scholarship granting organization as required by the provisions of Article 5 of this chapter relating to tax credits for contributions to scholarship granting organizations.

(B)   When a scholarship granting organization makes a determination to award a scholarship to a qualifying student from monies for which a credit may be claimed pursuant to Article 5 of this chapter, the scholarship granting organization immediately shall notify the school, at which the scholarship will be applied, of the award of the scholarship. The school immediately shall enter the information from the notice of scholarship award on the receipt applicable to the qualifying student. The school shall return to the scholarship granting organization monies from the scholarship, which exceed the credit applicable to the qualifying student pursuant to Article 3 of this chapter. In deciding whether monies must be returned to the scholarship granting organization, the school shall review the chronological record of tuition payments by or on behalf of the qualifying student including the date and amount contained on the notice of scholarship award. If the chronological record reflects that the date and amount of payment of tuition by scholarship, including the date and amount indicated on the notice of scholarship award, and tuition payments received prior to the scholarship activity causes the credit applicable to the qualifying student to be exceeded, then the school shall return the scholarship monies that exceed the credit to the scholarship granting organization.

(C)   Scholarship granting organizations shall make scholarship payments by check payable to the qualifying student's parents or legal guardian and to the school at which the scholarship is to be used. The check may be delivered or mailed by the scholarship granting organization to the school at which the scholarship is to be used. The check must be endorsed by all payees. The check may be endorsed by the school on behalf of the student's parents or legal guardian if the parents or legal guardian have placed on file with the school written authorization to endorse the check.

Section 12-18-770.   Except for the portion of a contribution a scholarship granting organization retains to expend for administrative expenses pursuant to Section 12-18-750(A), a scholarship granting organization shall expend, pursuant to this chapter, a contribution by the end of the calendar quarter which is at least twelve months from the date on which the scholarship granting organization receives the contribution. The scholarship granting organization shall remit to the State, for deposit in the general fund, monies not expended within the time period provided in this section. The remittance to the State must be made within thirty days after the end of each calendar quarter.

Section 12-18-780.   A scholarship received by a qualifying student is exempt from the tax imposed pursuant to Chapter 6 of this title.

Section 12-18-910.   If a qualifying student's enrollment in an independent school is terminated before the end of the school year and the independent school charges tuition of one thousand dollars or more each school year, the independent school shall refund to the scholarship granting organization and other tuition payers any tuition paid that is applicable to a semester or term beyond the semester or term during which the qualifying student's enrollment is terminated. At the time of making the refund, the independent school shall issue a receipt reflecting the date, amount, and payee for each refund.

Section 12-18-920.   (A)   Annually, the State Budget and Control Board shall provide for the preparation of a report on the impact of the implementation of this chapter on school enrollment and state and local funding of public schools for the fiscal year most recently completed. The report must include, but need not be limited to, an analysis of and statement on the:

(1)   change in public school enrollment, by school, attributable to this chapter;

(2)   amount of credits claimed, by type, for state tax purposes; and

(3)   amount of funds the State would have had to expend for public schools under the education funding formula in existence on or before the enactment of this chapter and the amount actually expended by the State.

(B)   The report must be submitted by December first of each year to the Governor, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee.

Section 12-18-930.   (A)(1)   In addition to the annual report as provided in Section 12-18-920, the State Budget and Control Board shall provide for a long-term evaluation of the impact of this chapter. The evaluation must be conducted by contract with one or more qualified persons or entities with previous experience evaluating school choice programs and must be conducted for a minimum of twelve years. The evaluation must include an assessment of the:

(a)   level of parental satisfaction for parents of students participating in the tuition credit or scholarship programs provided for in this chapter;

(b)   level of parental satisfaction for parents of students in public schools;

(c)   academic performance of public school and independent school students;

(d)   level of student satisfaction with the tuition credit or scholarship programs provided for in this chapter;

(e)   level of student satisfaction for students attending public schools;

(f)   impact of the provisions of this chapter on public schools, public school students, independent schools, independent school students, and the quality of life in a community; and

(g)   impact of the provisions of this chapter on school capacity, availability, and quality.

(2)   The evaluation must be conducted using appropriate analytical and behavioral science methodologies and must protect the identity of participating schools and students by, at a minimum, keeping anonymous all disaggregated data other than that for the categories of grade, gender, race and ethnicity. The evaluation of public and independent school students must compute the relative efficiency of public and independent schools, and a comparison of acceptance rates into college, while adjusting or controlling for student and family background.

(B)   State and local government entities shall cooperate with the persons or entities conducting the evaluation provided for in subsection (A). Scholarship granting organizations shall cooperate with the persons or entities conducting the evaluation. Cooperation includes providing available student assessment results and other information needed to complete the evaluation.

(C)   The State Budget and Control Board shall pay the cost of the evaluation from funds available to it for that purpose except that state funds must not be used to pay the cost of the evaluation.

(D)   By January thirty-first each year, the State Budget and Control Board shall provide to each member of the General Assembly interim reports of the results of the evaluation. Upon completion of the evaluation, the State Budget and Control Board shall provide a final report to each member of the General Assembly. At the same time as the final report is made public, the persons or entities who conducted the evaluation must make their data and methodology available for public review and inspection, but only if the release of the data and methodology is in compliance with 20 U.S.C. Section 1232g, Family Educational Rights and Privacy Act of 1974.

Section 12-18-940.   The pilot program established pursuant to this chapter expires July 1, 2017, at which time the General Assembly may extend the pilot program for an additional period of time or may extend the program statewide as it determines by law."
B.   Notwithstanding any other provision of law, the credit that may be claimed for each qualifying student pursuant to Section 12-18-310, as added by subsection A. of this SECTION, for the 2006 tax year is limited to tuition paid for academic periods beginning after July 1, 2006, and for the 2006 tax year the credit may not exceed one-half of the amount applicable to the qualifying student as determined in accordance with Section 12-18-310(B) and (C). Notwithstanding any other provision of law, a scholarship granting organization may not award a scholarship to a qualifying student for academic periods beginning before July 1, 2006.
SECTION   2.   If a section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, this holding does not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   3.   This act takes effect upon approval by the Governor and the tax credits provided for in Section 1 begin with tax year 2006. Registration of scholarship granting organizations as required by Section 12-18-710 must begin not later than ninety days after the effective date of this act. /
Renumber sections to conform.
Amend title to conform.

Rep. HINSON explained the amendment.

Rep. HINSON moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bales
Ballentine             Barfield               Battle
Bingham                Brady                  Branham
Breeland               R. Brown               Cato
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
M. Hines               Hinson                 Hiott
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Lee
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                F. N. 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                  White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

So, the amendment was tabled.

Rep. SCOTT moved to table the Bill.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Battle                 Bowers                 Brady
Branham                Breeland               J. Brown
R. Brown               Clark                  Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Emory                  Frye
Funderburk             Hayes                  M. Hines
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Kirsh
Lee                    Littlejohn             Mack
Martin                 McCraw                 McLeod
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Phillips               Pinson                 Rhoad
Rivers                 Rutherford             Sandifer
Scott                  Sinclair               D. C. Smith
F. N. Smith            J. E. Smith            Townsend
Umphlett               Vick                   Walker
Weeks                  White                  Whitmire

Those who voted in the negative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chalk
Chellis                Clemmons               Coates
Davenport              Delleney               Duncan
Edge                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Huggins
Leach                  Limehouse              Loftis
Lucas                  Mahaffey               McGee
Merrill                Norman                 Owens
E. H. Pitts            M. A. Pitts            Rice
Scarborough            Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Thompson               Toole                  Tripp
Vaughn                 Viers                  Wilkins
Witherspoon            Young

So, the Bill was tabled.

Rep. COTTY moved to reconsider the vote whereby the following Bill was tabled:

H. 3652 (Word version) -- Reps. W. D. Smith, Vaughn, Merrill, Loftis, Tripp, Scarborough, Hinson, Young, Ceips, J. R. Smith, Viers, Leach, Harrison, Chellis, Edge, Herbkersman, Clemmons, Davenport, Delleney, Hagood, Limehouse, McGee, Altman, Chalk, Haskins, Hamilton, Cato, Duncan, Barfield, Owens, Stewart, Rice and Witherspoon: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 18 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER.

Rep. J. E. SMITH moved to table the motion to reconsider.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Battle
Bowers                 Brady                  Branham
Breeland               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Emory
Frye                   Funderburk             Govan
Hayes                  M. Hines               Hosey
Howard                 Jefferson              Jennings
Kennedy                Kirsh                  Lee
Littlejohn             Mack                   Martin
McCraw                 McLeod                 Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Perry
Phillips               Pinson                 Rhoad
Rivers                 Rutherford             Sandifer
Scott                  D. C. Smith            F. N. Smith
J. E. Smith            Taylor                 Thompson
Townsend               Vick                   Walker
Weeks                  White                  Whitmire

Those who voted in the negative are:

Altman                 Ballentine             Barfield
Bingham                Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Coates                 Davenport
Delleney               Duncan                 Edge
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Hiott                  Huggins                Leach
Limehouse              Loftis                 Lucas
Mahaffey               McGee                  Merrill
Norman                 Owens                  E. H. Pitts
M. A. Pitts            Rice                   Scarborough
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Toole
Tripp                  Umphlett               Vaughn
Viers                  Wilkins                Witherspoon
Young

So, the motion to reconsider was tabled.

The reason I voted no on the motion to table H. 3652 was because I believed the Bill should be fully debated since it had been discussed this entire session. To kill H. 3652 without debate I believed to be not in the best interest of the State.

Rep. B.R. Skelton

Because I needed to fulfill my obligations to complete letters of recommendation and respond to mail, I was delayed in arriving to the House Chamber and could not record my vote in support of tabling H. 3652. I agree and concur with the effort to vote down H. 3652, "Putting Parents in Charge."

Rep. Jackson "Seth" Whipper

With regards to H. 3652, Amendment No. 1 and the tabling motion, I was briefly out of the Chamber due to a personal emergency and would have voted yes.

Rep. Jerry N. Govan

I was in my office talking with Department of Natural Resources about a beaver problem in my district when H. 3652 came up. I would like to be recorded had I been on the House floor. I would have voted "yes" to table on H. 3652.

Rep. George Bailey

I was out for lunch with a group from my community. I would have voted against PPIC had I been here.

Rep. Grady Brown

House Bill 3652 (PPIC) is a Bill that needed complete debate by the House. The vote to table the debate was not my intention and this is the reason why I voted against tabling the Bill. I strongly oppose the piece of legislation, but to deny debate is not the way to go.

Rep. David Hiott

Although I did not support this Bill in its original form, I voted not to table the legislation in the beginning to allow an opportunity for debate.

Rep. Michael Thompson

I was in a meeting in the Blatt building when a tabling motion was called for on H. 3652 and I missed the vote. However, had I been in the Chamber to vote, I would have voted to table the Bill.

Rep. Robert S. "Skipper" Perry, Jr.

The following Bill was taken up:

H. 3604 (Word version) -- Reps. Cato, Barfield, Bailey, Ballentine, G. Brown, Chellis, Dantzler, Hamilton, Hayes, Jennings, Norman, Rice, J. E. Smith, Taylor, Young, Bingham, Clark, Huggins, Owens and Simrill: A BILL TO AMEND SECTION 40-45-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATING OR RESTRICTING RIGHTS OF PHYSICAL THERAPISTS TO PRACTICE WITHIN THE SCOPE OF THEIR STATUTORY AUTHORITY, SO AS TO ALSO PROVIDE THAT PROVISIONS OF THE PHYSICAL THERAPY PRACTICE ACT MAY NOT BE CONSTRUED TO PROHIBIT OR RESTRICT THE CONDUCT OF A PHYSICAL THERAPIST OR PHYSICAL THERAPIST ASSISTANT OTHERWISE AUTHORIZED BY THE PROVIDER SELF REFERRAL ACT.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11714AC05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-45-110 (A) of the 1976 Code is amended to read:

"(A)   In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who:

(1)   requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person. However, nothing in this section may be construed to prohibit a person licensed under this chapter from being employed by a licensed health care facility as defined by Section 44-7-130. Notwithstanding the provisions of this section, physical therapists or physical therapy assistants may be employed by a health care provider if the provider employed a physical therapist or physical therapist assistant on April 15, 2005 in compliance with Chapter 113 of Title 44 and may be employed by the provider until May 31, 2010.

(2)   has treated or undertaken to treat human ailments otherwise than by physical therapy or has practiced physical therapy and failed to refer to a licensed medical doctor or dentist any patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a physical therapist;

(3)   knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy;

(4)   in the absence of a referral from a licensed medical doctor or dentist, provides physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of the patient to a licensed medical doctor or dentist;

(5)   changes, or in any way modifies, any specific patient care instructions or protocols established by an appropriate health care provider without prior consultation with and approval by the appropriate health care provider.

(6)   prior to June 1, 2010 has treated a patient referred to the physical therapist by the health care provider by which the physical therapist is employed, unless before the referral the provider furnishes the patient with a written disclosure form, which the patient has signed, informing the patient of:  

(a)   the existence of the investment interest;

(b)   the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(c)   the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;

(d)   the names and addresses of at least two alternative sources of these items or services available to the patient;

(e)   a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient."
SECTION   2.   Section 44-113-40 of the 1976 Code is further amended to read:

"Section 44-113-40.   (A)   A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:

(1)   the existence of the investment interest;

(2)   the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(3)   the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;

(4)   the names and addresses of at least two alternative sources of these items or services available to the patient;

(5)   a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.

(B)   Notwithstanding the provisions of Section 44-113-30 (A) (1), prior to June 1, 2010 a health care provider may refer a patient to a physical therapist employed by the health care provider if, before the referral, the provider furnishes the patient with a written disclosure form informing the patient of:

(1)   the existence of the investment interest;

(2)   the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(3)   the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;

(4)   the names and addresses of at least two alternative sources of these items or services available to the patient;

(5)   a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.

(C)   The referring provider must obtain the patient's signature that the information required under subsection (A) or (B) has been provided to the patient."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. R. SMITH moved to adjourn debate on the amendment, which was agreed to.

Rep. SANDIFER moved to adjourn debate on the Bill until Wednesday, May 18.

Rep. CATO moved to table the motion.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Bales                  Ballentine
Barfield               Bingham                Bowers
Brady                  Breeland               J. Brown
Cato                   Ceips                  Chalk
Chellis                Clemmons               Coates
Cooper                 Cotty                  Davenport
Delleney               Edge                   Funderburk
Govan                  Haley                  Hamilton
Hardwick               Harrell                Herbkersman
Hiott                  Hosey                  Huggins
Jefferson              Jennings               Kirsh
Leach                  Lee                    Loftis
Mahaffey               Martin                 McGee
McLeod                 Neilson                Norman
Owens                  Parks                  E. H. Pitts
Rhoad                  Rutherford             Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Weeks                  White                  Wilkins
Young

Those who voted in the negative are:

Battle                 Hagood                 Limehouse
Littlejohn             Mack                   McCraw
Miller                 Sandifer               J. E. Smith
Whitmire               Witherspoon

So, the motion to adjourn debate was tabled.

Reps. WHITE, COATES, G. R. SMITH, NORMAN and CATO proposed the following Amendment No. 12 (Doc Name COUNCIL\NBD\11773AC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 40-45-110 (A) of the 1976 Code is amended to read:

"(A)   In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who:

(1)   requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person. Notwithstanding the provisions of this section, physical therapists or physical therapy assistants may be employed by a health care provider if the provider employed a physical therapist or physical therapist assistant on April 7, 2004 in compliance with Chapter 113 of Title 44.

(2)   has treated or undertaken to treat human ailments otherwise than by physical therapy or has practiced physical therapy and failed to refer to a licensed medical doctor or dentist any patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a physical therapist;

(3)   knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy;

(4)   in the absence of a referral from a licensed medical doctor or dentist, provides physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of the patient to a licensed medical doctor or dentist;

(5)   changes, or in any way modifies, any specific patient care instructions or protocols established by an appropriate health care provider without prior consultation with and approval by the appropriate health care provider.

(6)   has treated a patient referred to the physical therapist by the health care provider by which the physical therapist is employed, unless before the referral the provider furnishes the patient with a written disclosure form, which the patient has signed, informing the patient of:  

(a)   the existence of the investment interest;

(b)   the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(c)   the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;

(d)   the names and addresses of at least two alternative sources of these items or services available to the patient;

(e)   a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient."
SECTION   2.   Section 44-113-40 of the 1976 Code is further amended to read:

"Section 44-113-40.   (A)   A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:

(1)   the existence of the investment interest;

(2)   the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(3)   the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;

(4)   the names and addresses of at least two alternative sources of these items or services available to the patient;

(5)   a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.

(B)   Notwithstanding the provisions of Section 44-113-30 (A) (1), a health care provider may refer a patient to a physical therapist employed by the health care provider if, before the referral, the provider furnishes the patient with a written disclosure form informing the patient of:

(1)   the existence of the investment interest;

(2)   the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(3)   the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;

(4)   the names and addresses of at least two alternative sources of these items or services available to the patient;

(5)   a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.

(C)   The referring provider must obtain the patient's signature that the information required under subsection (A) or (B) has been provided to the patient.

(D)   A health care provider, who is not a physical therapist, may not employ a greater number of physical therapists or physical therapist assistants than the provider employed on April 7, 2004, or expand physical therapy services in any manner."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. WHITE explained the amendment.

The amendment was then adopted.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11714AC05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-45-110 (A) of the 1976 Code is amended to read:

"(A)   In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license of a licensed person who:

(1)   requests, receives, participates, or engages directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services or profits by means of a credit or other valuable consideration including, but not limited to, wages, an unearned commission, discount, or gratuity with a person who referred a patient, or with a relative or business associate of the referring person. However, nothing in this section may be construed to prohibit a person licensed under this chapter from being employed by a licensed health care facility as defined by Section 44-7-130. Notwithstanding the provisions of this section, physical therapists or physical therapy assistants may be employed by a health care provider if the provider employed a physical therapist or physical therapist assistant on April 15, 2005 in compliance with Chapter 113 of Title 44 and may be employed by the provider until May 31, 2010.

(2)   has treated or undertaken to treat human ailments otherwise than by physical therapy or has practiced physical therapy and failed to refer to a licensed medical doctor or dentist any patient whose medical condition should have been determined at the time of evaluation or treatment to be beyond the scope of practice of a physical therapist;

(3)   knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this chapter or to regulations promulgated by the board pursuant to this chapter or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy;

(4)   in the absence of a referral from a licensed medical doctor or dentist, provides physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of the patient to a licensed medical doctor or dentist;

(5)   changes, or in any way modifies, any specific patient care instructions or protocols established by an appropriate health care provider without prior consultation with and approval by the appropriate health care provider.

(6)   prior to June 1, 2010 has treated a patient referred to the physical therapist by the health care provider by which the physical therapist is employed, unless before the referral the provider furnishes the patient with a written disclosure form, which the patient has signed, informing the patient of:  

(a)   the existence of the investment interest;

(b)   the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(c)   the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;

(d)   the names and addresses of at least two alternative sources of these items or services available to the patient;

(e)   a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient."
SECTION   2.   Section 44-113-40 of the 1976 Code is further amended to read:

"Section 44-113-40.   (A)   A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:

(1)   the existence of the investment interest;

(2)   the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(3)   the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;

(4)   the names and addresses of at least two alternative sources of these items or services available to the patient;

(5)   a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.

(B)   Notwithstanding the provisions of Section 44-113-30 (A) (1), prior to June 1, 2010 a health care provider may refer a patient to a physical therapist employed by the health care provider if, before the referral, the provider furnishes the patient with a written disclosure form informing the patient of:

(1)   the existence of the investment interest;

(2)   the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(3)   the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;

(4)   the names and addresses of at least two alternative sources of these items or services available to the patient;

(5)   a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.

(C)   The referring provider must obtain the patient's signature that the information required under subsection (A) or (B) has been provided to the patient."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. R. SMITH moved to table the amendment, which was agreed to.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Bingham
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Govan
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Hosey                  Howard
Huggins                Jefferson              Jennings
Kirsh                  Leach                  Lee
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  J. H. Neal
Neilson                Norman                 Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Rutherford             Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Vick
Viers                  Walker                 Weeks
Whipper                White                  Young

Those who voted in the negative are:

Altman                 Battle                 Emory
Funderburk             Hagood                 Kennedy
Limehouse              Mack                   McCraw
McLeod                 Merrill                Miller
Sandifer               Tripp                  Whitmire
Witherspoon

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

The following Bill was taken up:

H. 3264 (Word version) -- Reps. Townsend, Wilkins, W. D. Smith, Miller, Harrell, Harrison, Cato, J. Brown, Witherspoon, Chellis, Cooper, Martin, J. R. Smith, Thompson, White, Vaughn, Scarborough, Leach, Bailey, Viers, Hagood, Walker, Hardwick, Hamilton, Mahaffey, Limehouse and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10782HTC05), which was adopted:
Amend the bill, as and if amended, beginning on page 3, by striking Sections 2 and 3 and inserting:
/   Section   2.   Section 12-37-223A of the 1976 Code is repealed.
Section   3.   This act takes effect upon approval by the Governor and applies for countywide assessment and equalization program values implemented after 2004. /
Renumber sections to conform.
Amend title to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO REPEAL SECTION 12-37-223A, RELATING TO A COUNTY OPTION PROPERTY TAX EXEMPTION.
Rep. COTTY explained the amendment.
The amendment was then adopted.

Rep. HERBKERSMAN proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10847MM05), which was adopted:
Amend the bill, as and if amended, SECTION 3, as found on page 3264-1, by deleting the SECTION in its entirety and inserting:
/ SECTION   3.   A.   This act takes effect upon approval by the Governor and applies for countywide assessment and equalization program values implemented after 2004.
B.   The governing body of a county which implemented in property tax year 2004 the values for real property determined in a countywide assessment and equalization plan conducted pursuant to Section 12-43-217 of the 1976 Code, by ordinance and for property tax year 2005 only, may revert to the values of real property used in the calculation of 2003 property taxes. The reversion does not apply to value attributable to improvements to real property first subject to property tax in 2004 or 2005. Notwithstanding any other provision of this act, the values to which the limits apply in a county enacting an ordinance authorized by this section are the 2003 values as modified pursuant to this section. /
Renumber sections to conform.
Amend title to conform.

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

Rep. BOWERS proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20475SD05), which was tabled:
Amend the bill, as and if amended, in Section 12-37-223 of the 1976 Code, as contained in SECTION 1, by striking subsection (A) and inserting:
/   (A)   For purposes of this section, 'real property' means owner-occupied residential real property eligible for the four-percent assessment ratio for property tax purposes allowed pursuant to Section 12-43-220(c), and also means real property assessed at a six percent assessment ratio for property tax purposes. /
Renumber sections to conform.
Amend title to conform.

Rep. BOWERS explained the amendment.
Rep. TOWNSEND moved to table the amendment.

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

Those who voted in the affirmative are:

Bailey                 Ballentine             Barfield
Battle                 Bingham                Brady
Cato                   Chellis                Clemmons
Clyburn                Coates                 Cotty
Dantzler               Davenport              Duncan
Edge                   Frye                   Govan
Haley                  Hardwick               Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mahaffey               Martin                 McGee
Merrill                Norman                 Perry
Phillips               E. H. Pitts            M. A. Pitts
Sandifer               Scarborough            Simrill
G. M. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Viers                  Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Agnew                  Altman                 Bales
Bowers                 G. Brown               J. Brown
R. Brown               Ceips                  Chalk
Cobb-Hunter            Delleney               Emory
Funderburk             Hagood                 Hamilton
Hayes                  Herbkersman            Jefferson
Jennings               Lee                    Mack
McLeod                 Miller                 J. H. Neal
J. M. Neal             Neilson                Rhoad
Rice                   Sinclair               Skelton
F. N. Smith            G. R. Smith            J. E. Smith
Vick                   Whipper

So, the amendment was tabled.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Altman                 Bailey
Bales                  Ballentine             Bingham
Bowers                 G. Brown               J. Brown
Cato                   Ceips                  Chalk
Chellis                Clemmons               Clyburn
Coates                 Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Frye                   Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hiott
Huggins                Jefferson              Kirsh
Leach                  Limehouse              Loftis
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Ott                    Owens
Parks                  Phillips               Pinson
E. H. Pitts            Rhoad                  Rice
Sandifer               Scarborough            Simrill
Sinclair               D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Vaughn                 Vick                   Viers
Weeks                  White                  Wilkins
Young

Those who voted in the negative are:

Brady                  R. Brown               Cobb-Hunter
Emory                  Funderburk             Jennings
Kennedy                Lucas                  Mack
J. M. Neal             Neilson                Norman
Perry                  Skelton                G. R. Smith
J. E. Smith            Whipper

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

The following Bill was taken up:

H. 3350 (Word version) -- Reps. Vaughn, Cato, Scott, Haskins, Leach, Cobb-Hunter, Whipper, Rutherford, Taylor, Battle, Branham, J. Brown, Ceips, Chalk, Cooper, Hagood, Howard, Jennings, Lee, Limehouse, Littlejohn, Mack, Martin, McCraw, McGee, Miller, Moody-Lawrence, J. H. Neal, Rice, J. E. Smith, W. D. Smith and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22008HTC05), which was adopted:
Amend the bill, as and if amended, by striking Section 4-10-740(A)(1)(f) and (g), as contained in Section 1, page 2 and inserting:
/       (f)     acquisition of land for active and passive recreational needs, preservation of historic sites, protection of natural resources, and public facilities;

(g)   beach access and beach renourishment;

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

(i)   any combination of the projects described in subitems (a) through (h) of this item;   /
Renumber sections to conform.
Amend title to conform.

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

Rep. MCLEOD proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\3394HTC05), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 36, Title 12 of the 1976 Code is amended by adding:

Section 12-36-1110.   An additional sales, use, and casual excise tax equal to two percent is imposed on amounts taxable pursuant to this chapter."
SECTION   2.   Section 11-11-150 of the 1976 Code, as last amended by Act 387 of 2000, is further amended by adding:

"(H)   Beginning July 1, 2005, and notwithstanding the provisions of Section 12-37-251(B) revenues from the Trust Fund for Tax Relief to be distributed to a school district as a reimbursement for the property tax exemption enumerated in item (1) of subsection (A) must be paid monthly in an amount that is the district's share of these revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act."
SECTION   3.   Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-155.   (A)   For each fiscal year, the revenue from the tax imposed pursuant to Section 12-36-1110 are automatically credited to a fund separate and distinct from the state general fund known as the 'School Tax Millage Exemption Trust Fund' (the School Trust Fund). The Board of Economic Advisors shall account for the School Trust Fund revenue separately from general fund revenues in reports to the Governor and the General Assembly. No portion of these revenues is credited to the Education Improvement Act (EIA) Fund.

(B)   An unexpended balance in the School Trust Fund at the end of a fiscal year must remain in the School Trust Fund.

(C)   Earnings on the School Trust Fund must be credited to the School Trust Fund.

(D)   Nothing in this section prohibits appropriations by the General Assembly of additional revenues to the School Trust Fund."
SECTION   4.   Chapter 37 of Title 12 of the 1976 Code is amended by adding:

"Section 12-37-253.   (A)   After the exemption allowed pursuant to Section 12-37-250 and Section 12-37-251, in the case of real property classified pursuant to Section 12-43-220(c), any remaining fair market value otherwise subject to tax and the fair market value of all other real property, however classified, is exempt from all school taxes except taxes:

(1)   levied for bonded indebtedness for capital construction for schools;

(2)   levied to make payments pursuant to a lease purchase agreement or other financing instrument for capital construction for schools; and

(3)   levied for school operations sufficient to prevent any decline in the district's operating budget from state funds and property taxes from fiscal year 2004-2005 to 2005-2006. Millage for fiscal year 2005-2006 to prevent a reduction and fund teacher salaries may not be increased in subsequent years, and it must be decreased in subsequent years through millage adjustments by a dollar amount equal to one-half of the new revenue provided to the district from EFA distributions and the School Trust Fund for those years.

(B)   School districts must be paid monthly from revenues credited to the School Trust Fund for a fiscal year for the exemption allowed by this section in an amount that is the district's proportionate share of School Trust Fund revenues based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act. The School Trust Fund revenues that must be paid to school districts comprise the total of the revenue of the taxes imposed pursuant to Section 12-36-1110.

The General Assembly expresses its intent to fund annual growth in School Trust Fund revenues at least equal to the increase in the Consumer Price Index and state population each year.

(C)   Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State.

(D)   The exemption provided by this section applies for property taxes imposed by any property taxing entity if the revenues of taxes imposed by the entity are used directly or indirectly for school operations."
SECTION   5.   A.   Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-223.   (A)   For purposes of this section, 'real property' means all real property, however classified for purposes of the property tax.

(B)   There is exempted from property tax an amount of fair market value of real property located in the county sufficient to eliminate any increase in fair market value attributable to a countywide appraisal and equalization program conducted pursuant to Section 12-43-217 or any other manner in which the value of real property may be increased except as provided in item (1) of this subsection. An exemption allowed by this section does not apply to:

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

(2)   real property transferred after the implementation of the values determined in the most recent countywide equalization program conducted pursuant to Section 12-43-217.

(C)   Notwithstanding subsection (B)(2), the exemption provided in subsection (B) applies to real property which has been transferred in a transfer not subject to income tax pursuant to Sections 102 (Gifts and Inheritances), limited to transfers to a spouse or surviving spouse, 1033 (Conversions--Fire and Insurance Proceeds to Rebuild), 1041 (Transfers of Property Between Spouses or Incident to Divorce), 351 (Transfer to a Corporation Controlled by Transferor), 355 (Distribution by a Controlled Corporation), 368 (Corporate Reorganizations), or 721 (Nonrecognition of Gain or Loss on a Contribution to a Partnership) of the Internal Revenue Code, as defined in Section 12-6-40. The exemption provided in subsection (B) also continues to apply to real property which has been transferred if the transferor retains a life estate in the real property and the transferor continues to occupy the real property as his legal residence and to real property which has been transferred to a trust if the transferor is a life beneficiary of the trust and continues to occupy the real property as his legal residence.

(D)   Once the fair market value of real property is first reduced by the exemption allowed in subsection (B), that reduced fair market value remains the fair market value of the property subject to property tax except as otherwise provided in subsection (B)(1) and (2), regardless of further increases in fair market value of that real property as determined in subsequent countywide appraisal and equalization programs or otherwise. When real property is transferred such that the real property is no longer eligible for the exemption provided for in subsection (B), the real property is subject to being taxed in the tax year following the transfer at its value, as determined under Section 12-37-930, at current fair market value as determined by the county assessor.

(E)   The closing attorney involved in a real estate transfer shall provide the following notice to the buyer or buyers:

REAL PROPERTY TRANSFERRED AS A RESULT OF THIS TRANSACTION MAY BE SUBJECT TO PROPERTY TAXATION DURING THE NEXT TAX YEAR AT A VALUE THAT REFLECTS ITS FAIR MARKET VALUE."
B.   Section 12-27-223A of the 1976 Code is repealed.
C.   Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for values resulting from countywide assessment and equalization programs or otherwise implemented after 2004.
SECTION   6.   Chapter 20 of Title 59 of the 1976 Code is amended by adding:

"Section 59-20-42.   (A)   Notwithstanding any other provision of law, beginning with fiscal year 2005-2006, Education Finance Act appropriations and employer contributions must be distributed to a school district in an amount that is the district's proportionate share of such funds based on the district's weighted pupil units as a percentage of statewide weighted pupil units as determined annually pursuant to the Education Finance Act.

(B)   It is the intent of the General Assembly that funding for weighted pupil unit growth for Education Finance Act purposes must be at least equal to the growth in the Consumer Price Index each year.

(C)   Beginning July 1, 2005, a base student cost no longer shall be established annually by the General Assembly nor shall the Division of Research and Statistics calculate an annual inflation factor as required by Section 59-20-40(1)(b)."
SECTION   7.   Notwithstanding the provisions of Section 6-1-320 of the 1976 Code, for a period of three years beginning July 1, 2005, and ending June 30, 2008, a local governing body pursuant to Article 3, Chapter 1 of Title 6, and if otherwise permitted to do so by law may increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the preceding tax year, not including a percentage increase that does not exceed the total of any increase in the consumer price index and any increase in the taxing jurisdiction's population in the last completed calendar year as determined by the Board of Economic Advisors, only by a two-thirds vote of the membership of the governing body, present or not, rather than by a positive majority vote as defined therein. If there is a vacancy in the membership of the governing body, a two-thirds vote of the membership of the governing body as constituted on the date of the vote is required.
SECTION   8.   (A)   Article 3, Chapter 10 of Title 4 and Chapter 37 of Title 4 of the 1976 Code are repealed; provided, however, that the special sales taxes authorized before the effective date of this section to support capital projects under Article 3, Chapter 10 of Title 4 and the special sales taxes or tolls authorized before the effective date of this section to support transportation infrastructure projects under Chapter 37 of Title 4 shall continue until their termination date to provide financing or debt service funding for the projects authorized.

(B)   In those counties in which is imposed on the effective date of this act the local sales and use tax allowed pursuant to Article 1, Chapter 10, Title 4 of the 1976 Code, there must be conducted a referendum held on the Tuesday following the first Monday in November following such effective date on rescinding the tax in the county as provided in Section 4-10-35 of the 1976 Code, without regard to the petition requirements provided therein. If a majority of the qualified electors voting in the referendum favor rescinding the tax, the tax is rescinded on a date determined by the governing body of the county not more than twenty-four months following the date the result of the referendum is certified to county council. The governing body of the county shall notify the Department of Revenue of the date the tax is rescinded.
SECTION   9.   This act takes effect July 1, 2005, and for purposes of the tax exemption allowed applies for property tax years beginning after 2004. /
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

Rep. ALTMAN raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. MCLEOD argued contra.
SPEAKER WILKINS stated that while the Bill dealt with a one cent municipal sales tax to be used for special projects, the amendment dealt with a 2 cents statewide sales tax to be used for the purpose of eliminating school operating taxes. He stated that in accordance with Rule 9.3 the amendment went beyond the scope, substantial effect, and impact of the original Bill. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. KIRSH proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3388HTC05), which was tabled:
Amend the bill, as and if amended, Section 4-10-720, as contained in SECTION 1, page 1, by adding after line 40 a new paragraph to read:
/   The tax authorized by this article must not be imposed within a municipality that is already subject to a sales tax authorized by Title 4 or within a school district that is already subject to a sales tax authorized by a local act of the General Assembly. /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. HAGOOD moved to table the amendment.

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

Those who voted in the affirmative are:

Agnew                  Bailey                 Bowers
Brady                  Branham                Cato
Ceips                  Chalk                  Chellis
Clark                  Clyburn                Coates
Cotty                  Dantzler               Delleney
Duncan                 Emory                  Funderburk
Govan                  Hagood                 Hardwick
Harrell                Harrison               Hayes
Herbkersman            Hinson                 Hiott
Jefferson              Jennings               Leach
Limehouse              Lucas                  Martin
McGee                  Owens                  M. A. Pitts
Rhoad                  Rice                   Scarborough
Scott                  Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Talley                 Taylor
Thompson               Townsend               Tripp
Umphlett               Vaughn                 Whipper
White                  Wilkins                Witherspoon

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bales                  Ballentine             Barfield
Battle                 Bingham                Breeland
G. Brown               J. Brown               Clemmons
Cobb-Hunter            Davenport              Edge
Frye                   Haley                  Hamilton
Huggins                Kirsh                  Lee
Loftis                 Mack                   Mahaffey
McLeod                 Miller                 J. H. Neal
Neilson                Norman                 Ott
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            Sandifer
Simrill                F. N. Smith            Stewart
Toole                  Vick                   Viers
Whitmire

So, the amendment was tabled.

Rep. HAMILTON proposed the following Amendment No. 5 (Doc Name COUNCIL\PT\2627SJ05), which was adopted:
Amend the bill, as and if amended, after Section 4-10-790 as contained in SECTION 1, by adding:
/   Section 4-10-800.   A capital project pursuant to this chapter must be completed before a referendum may be initiated for another project./
Renumber sections to conform.
Amend title to conform.

Rep. HAMILTON explained the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. HAMILTON spoke in favor of the amendment.

The amendment was then adopted.

Rep. MILLER proposed the following Amendment No. 7 (Doc Name COUNCIL\GJK\20504SD05), which was ruled out of order:
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION   ____.   The 1976 Code is amended by adding:

"Section 4-9-185.   A county governing body by ordinance may impose a real estate transfer fee per transaction, the proceeds of which must be used for the same purposes required by the Municipal Capital Projects Sales Tax Act provided for in Article 7, Chapter 10, Title 4 of the 1976 Code." /
Renumber sections to conform.
Amend title to conform.

Rep. MILLER explained the amendment.

Rep. KIRSH raised the Point of Order that Amendment No. 7 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. E. H. PITTS spoke against the Bill.
Rep. OTT spoke against the Bill.

Rep. TOOLE spoke against the Bill.
Rep. VAUGHN spoke in favor of the Bill.

Rep. VAUGHN continued speaking.
Rep. LITTLEJOHN spoke in favor of the Bill.

Rep. OTT moved to recommit the Bill to the Committee on Ways and Means.

Rep. VAUGHN moved to table the motion.

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

Those who voted in the affirmative are:

Agnew                  Altman                 Anthony
Bingham                Breeland               Cato
Ceips                  Chalk                  Coates
Cooper                 Delleney               Duncan
Hagood                 Hamilton               Harrell
Haskins                Hayes                  Hiott
Leach                  Limehouse              Littlejohn
Mack                   Mahaffey               McCraw
McGee                  Norman                 Owens
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Taylor
Thompson               Tripp                  Vaughn
Whipper                White                  Whitmire
Wilkins

Those who voted in the negative are:

Allen                  Bailey                 Bales
Ballentine             Barfield               Battle
Bowers                 Brady                  Branham
G. Brown               J. Brown               R. Brown
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Cotty
Dantzler               Edge                   Emory
Frye                   Funderburk             Govan
Haley                  Hardwick               Hinson
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Lee
Lucas                  Martin                 McLeod
Merrill                Miller                 J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Scott                  D. C. Smith
F. N. Smith            G. M. Smith            Talley
Toole                  Townsend               Umphlett
Vick                   Viers                  Walker
Weeks                  Witherspoon            Young

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Bill to the Committee on Ways and Means, which was agreed to.

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

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

H. 4036 (Word version) -- Reps. Kennedy and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS ALONG UNITED STATES HIGHWAY 52 IN WILLIAMSBURG COUNTY THAT CROSSES CSX'S RAILROAD TRACKS THE "HIENAMAN MEMORIAL OVERPASS" AND TO ERECT APPROPRIATE SIGNS AND MARKERS AT THIS OVERPASS THAT CONTAIN THE WORDS "HIENAMAN MEMORIAL OVERPASS".
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. V. Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.
Ordered for consideration tomorrow.

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

H. 4039 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL "LADY CAVALIERS" BASKETBALL TEAM, COACH JOY COUCH, STAFF, AND OTHER SCHOOL OFFICIALS AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON WINNING THE 2005 STATE CLASS AAAA CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Dorman High School "Lady Cavaliers" basketball team, Coach Joy Couch, staff, and other school officials at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the team on winning the 2005 State Class AAAA Championship.

The Resolution was adopted.

The following was introduced:

H. 4040 (Word version) -- Reps. Cooper and Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 185 (THE SOUTHERN CONNECTOR) IN GREENVILLE COUNTY TO THE BRIDGE THAT CROSSES THE SALUDA RIVER AT THE GREENVILLE-ANDERSON COUNTY LINE THE "SERGEANT JOE R. HOOPER HIGHWAY", AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "SERGEANT JOE R. HOOPER HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4041 (Word version) -- Reps. Talley and Sinclair: A CONCURRENT RESOLUTION CONGRATULATING THE DORMAN HIGH SCHOOL "LADY CAVALIERS" BASKETBALL TEAM OF SPARTANBURG ON THEIR STATE CLASS AAAA CHAMPIONSHIP AND HONORING THE PLAYERS AND COACH JOY COUCH ON THIS OUTSTANDING ACCOMPLISHMENT.

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

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

H. 4042 (Word version) -- Reps. Govan, Hosey, Ott, Cobb-Hunter, 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, 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, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, 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, 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 HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTH CAROLINA STATE UNIVERSITY MEN'S AND WOMEN'S TENNIS TEAMS, COACHES, AND STAFF, AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAMS ON WINNING THE MID-EASTERN ATHLETIC CONFERENCE CHAMPIONSHIPS AND RECOGNIZING COACH HARDEEP JUDGE WHO SWEPT THE COACH OF THE YEAR HONORS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the South Carolina State University men's and women's tennis teams, coaches, and staff, at a time and date to be determined by the Speaker, for the purpose of congratulating and honoring the teams on winning the Mid-Eastern Athletic Conference Championships and recognizing Coach Hardeep Judge who swept the coach of the year honors.

The Resolution was adopted.

The following was introduced:

H. 4043 (Word version) -- Reps. Govan, Hosey, Ott, Cobb-Hunter, 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, 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, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, 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, 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 CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY MEN'S AND WOMEN'S TENNIS TEAMS ON WINNING THE MID-EASTERN ATHLETIC CONFERENCE CHAMPIONSHIPS AND RECOGNIZING COACH HARDEEP JUDGE WHO SWEPT THE COACH OF THE YEAR HONORS.

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

The Senate sent to the House the following:

S. 824 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, AS WELL AS IDENTIFY SOUTH CAROLINA'S RICH NASCAR HISTORY AND ENCOURAGE FUTURE NASCAR EVENTS IN THE STATE OF SOUTH CAROLINA.

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

The Senate sent to the House the following:

S. 825 (Word version) -- Senators Campsen, Alexander, Anderson, Bryant, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, 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 HONOR AND RECOGNIZE THE FAITH AND OPTIMISM OF TROY DRISCOLL AND JOSH LONG IN ENDURING NEARLY A WEEK AT SEA AND TO COMMEND THEM FOR THE COURAGE THEY DEMONSTRATED IN SURVIVING SUCH A HARROWING EXPERIENCE.

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

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

H. 4044 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-32 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT WATERFOWL IN CALHOUN COUNTY ON CERTAIN PORTIONS OF LAKE MARION WITHIN TWO HUNDRED YARDS OF A RESIDENCE WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. OTT asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. DELLENEY objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4045 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8935 SO AS TO PROVIDE THAT THE PARENTS OR LEGAL GUARDIAN OF A MINOR MAY NOT BE HELD CIVILLY OR CRIMINALLY LIABLE FOR THE ACTIONS OF THE MINOR IF THE MINOR HAS BEEN EMANCIPATED BY A COURT OR HAS VOLUNTARILY DISCONTINUED RESIDING WITH THE PARENTS OR LEGAL GUARDIAN.
Referred to Committee on Judiciary

H. 4046 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-580 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT A SCHOOL BUS REPLACEMENT CYCLE TO REPLACE APPROXIMATELY ONE-TWELFTH OF THE FLEET EACH YEAR, RESULTING IN A COMPLETE REPLACEMENT OF THE FLEET EVERY TWELVE YEARS.
Referred to Committee on Education and Public Works

Rep. W. D. SMITH moved that the House do now adjourn, which was agreed to.

The Senate returned to the House with concurrence the following:

H. 4020 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO CONGRATULATE THE BENEDICT COLLEGE GOLF TEAM AND COACH HERMAN D. BELTON FOR CAPTURING THE DIVISION II TITLE AT THE NATIONAL MINORITY COLLEGE GOLF CHAMPIONSHIP.

H. 4025 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE NORMAN M. SCARBOROUGH, PROFESSOR AT PRESBYTERIAN COLLEGE IN CLINTON FOR HIS INVALUABLE CONTRIBUTIONS TO THE BUSINESS COMMUNITY AND FOR BEING NAMED PRESBYTERIAN COLLEGE'S 2005 PROFESSOR OF THE YEAR.

H. 4026 (Word version) -- Reps. Clark and Toole: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. LISA SWICK OF CHAPIN FOR HER SELECTION AS "MRS. SOUTH CAROLINA AMERICA 2004" DURING THE LEGISLATIVE INTERIM AND TO COMMEND HER FOR THE MANNER IN WHICH SHE HAS REPRESENTED SOUTH CAROLINA AND PROMOTED FAMILY VALUES DURING HER REIGN.

At 4:25 p.m. the House, in accordance with the motion of Rep. CATO, adjourned in memory of Robert Morton of Greenville, to meet at 10:00 a.m. tomorrow.

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