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 Isaiah 61:9: "All who see them shall acknowledge that they are a people whom the Lord has blessed."
Let us pray. O Lord our God, we thank You for Your blessings to us in the past and ask for Your continued blessings and grace in the days to come. Grant such a sense of purpose that we will not avoid ridicule and harassment because we speak the truth and seek to do it. Grant Your blessings on our Nation, President, State and her leaders. Bestow Your protection on our defenders of freedom. O 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. R. BROWN moved that when the House adjourns, it adjourn in memory of Hugh C. Lane of Charleston, which was agreed to.
The following was received from the Senate:
Columbia, S.C., May 5, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3716:
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.
Very respectfully,
President
On motion of Rep. HARRELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRELL, VAUGHN and BATTLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., May 5, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3717:
H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Very respectfully,
President
On motion of Rep. HARRELL, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRELL, VAUGHN and BATTLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4047 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND SECTION 56-5-2930, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO UNLAWFULLY OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF BOTH, SO AS TO PROVIDE THAT THE OFFENSES CONTAINED IN THIS PROVISION MUST BE REFERRED TO AS DRIVING WHILE IMPAIRED, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, DRIVING WITH AN UNLAWFUL AND HIGH ALCOHOL CONCENTRATION, AND DRIVING WITH AN UNLAWFUL AND GROSS ALCOHOL CONCENTRATION, AND TO PROVIDE PENALTIES FOR VIOLATING THE OFFENSES CONTAINED IN THIS PROVISION; TO AMEND SECTION 56-5-2934, AS AMENDED, RELATING TO THE RIGHT OF COMPULSORY PROCESS WHEN A PERSON IS CHARGED WITH AN ALCOHOL OR DRUG RELATED MOTOR VEHICLE OFFENSE, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933 AND THE PROVISION THAT REQUIRES AN ARRESTING OFFICER TO INFORM A DEFENDANT OF CERTAIN RIGHTS AND HEARINGS THAT HE IS ENTITLED TO RECEIVE; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A PERSON'S VEHICLE AFTER HE HAS BEEN CONVICTED OF CERTAIN OFFENSES, SO AS TO DELETE REFERENCES TO SECTION 56-5-2933, TO REVISE THE PROCEDURE THAT MUST BE USED TO IDENTIFY THE VEHICLE THAT MUST BE IMMOBILIZED, TO REVISE THE FEE AND THE ENTITY THAT RECEIVES THE FEE TO REREGISTER AN IMMOBILIZED VEHICLE, AND TO PROVIDE THAT A CONVICTION FOR A VIOLATION OF SECTION 56-5-2933 IS CONSIDERED A PRIOR OFFENSE OF A VIOLATION OF SECTION 56-5-2930; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO PROVIDE THAT A PERSON CONVICTED UNDER THIS PROVISION IS GUILTY OF THE OFFENSE OF FELONY DRIVING WHILE IMPAIRED; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER OF A MOTOR VEHICLE'S IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISIONS THAT PROHIBIT AN OFFICER FROM REQUIRING A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF AT LEAST EIGHT ONE-HUNDREDTHS OF ONE PERCENT TO UNDERGO ADDITIONAL ALCOHOL CONCENTRATION TESTS AND REQUIRES THAT A SIMULATOR TEST MUST BE PERFORMED BEFORE A BREATH TEST IS ADMINISTERED, TO LOWER THE ALCOHOL CONCENTRATION LEVEL THAT REQUIRES A PERSON'S PRIVILEGE TO DRIVE TO BE SUSPENDED, TO DELETE A PROVISION THAT RELATES TO A VIOLATION OF SECTION 56-5-2933, AND TO SUBSTITUTE THE TERM "DRIVING WHILE IMPAIRED" FOR THE TERM "UNDER THE INFLUENCE OF"; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATED TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO MAKE TECHNICAL CHANGES, TO LOWER THE ALCOHOL CONCENTRATION LEVEL THAT RESULTS IN THE MANDATORY SUSPENSION OF A PERSON'S DRIVER'S LICENSE, TO SUBSTITUTE THE TERM "ALCOHOL LICENSE" FOR THE TERM "ALCOHOL RESTRICTED LICENSE", TO SUBSTITUTE THE TERM "RESTRICTED LICENSE" FOR THE TERM "SPECIAL RESTRICTED DRIVER'S LICENSE", TO DELETE REFERENCES TO SECTION 56-5-2933, AND TO DELETE THE PROVISION THAT REQUIRES A PERSON'S PRIVILEGE TO DRIVE TO BE SUSPENDED FOR SIXTY DAYS IF HE TAKES A BREATH TEST PURSUANT TO SECTION 56-5-2950 AND REGISTERS A CERTAIN ALCOHOL CONCENTRATION; TO AMEND SECTION 56-5-2953, AS AMENDED, RELATING TO THE VIDEOTAPING OF THE INCIDENT SITE AND THE BREATH TAKING SITE OF A PERSON CHARGED WITH OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT AN AUDIO TRACT MUST BE MADE DURING THE VIDEOTAPING PROCEDURE, TO REVISE THE PERIOD OF TIME THAT THE VIDEOTAPING PROCEDURE MUST COVER, TO MAKE TECHNICAL CHANGES, AND TO DELETE REFERENCES TO SECTION 56-5-2933; TO AMEND SECTION 56-5-2954, RELATING TO BREATH TESTING SITES, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO PERSONS WHO ARE INELIGIBLE TO BE ISSUED A RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN ISSUED A RESTRICTED DRIVER'S LICENSE PURSUANT TO A VIOLATION OF SECTION 56-5-2951 IS SUBSEQUENTLY INELIGIBLE TO BE ISSUED ANOTHER RESTRICTED DRIVER'S LICENSE, AND TO SUBSTITUTE THE TERM "RESTRICTED DRIVER'S LICENSE" FOR THE TERM "SPECIAL RESTRICTED DRIVER'S LICENSE"; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S PRIVILEGE TO DRIVE FOR OPERATING A VEHICLE WITH CERTAIN ALCOHOL CONCENTRATIONS, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "ALCOHOL RESTRICTED LICENSE" FOR THE TERM "ALCOHOL RESTRICTED DRIVER'S LICENSE" AND TO DELETE REFERENCES TO SECTION 56-5-2933, AND TO REPEAL SECTIONS 56-5-2933, 56-5-2935, AND 56-5-2940, ALL RELATING TO DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE.
Referred to Committee on Judiciary
S. 814 (Word version) -- Senators Land and Hutto: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEN-YEAR CORPORATE INCOME TAX MORATORIUM ALLOWED FOR CREATING AND MAINTAINING AT LEAST ONE HUNDRED FULL-TIME NEW JOBS IN COUNTIES THAT MEET CERTAIN UNEMPLOYMENT OR PER CAPITA INCOME REQUIREMENTS, SO AS TO EXTEND THE MORATORIUM TO A TAXPAYER OTHERWISE ELIGIBLE FOR THE MORATORIUM BUT FOR THE REQUIREMENT THAT AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE MUST BE IN THE MORATORIUM COUNTY AND ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO EXTEND THE MORATORIUM SIMILARLY WHEN THE NUMBER OF JOBS CREATED WOULD ALLOW THE TAXPAYER A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS, AND TO MAKE CONFORMING AMENDMENTS.
Referred to Committee on Ways and Means
The following was introduced:
H. 4048 (Word version) -- Reps. J. H. Neal, 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. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE MRS. MARY B. SMITH OF RICHLAND COUNTY FOR HER THIRTY YEARS OF DEVOTED TEACHING, ALL OF WHICH WAS SPENT AT GADSDEN ELEMENTARY SCHOOL, AND EXTEND BEST WISHES ON THE OCCASION OF HER RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 4049 (Word version) -- Reps. Sandifer and Skelton: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF DOCTOR RICHARD H. KLEIN UPON HIS RETIREMENT AND EXTEND BEST WISHES TO HIM ON HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4050 (Word version) -- Reps. Umphlett, Dantzler, Hinson, Jefferson and Merrill: A HOUSE RESOLUTION CONGRATULATING THE BERKELEY HIGH SCHOOL MOCK TRIAL TEAM ON ITS FIRST-PLACE FINISH IN THE STATE HIGH SCHOOL MOCK TRIAL COMPETITION.
The Resolution was adopted.
On motion of Rep. UMPHLETT, with unanimous consent, the following was taken up for immediate consideration:
H. 4051 (Word version) -- Reps. Umphlett, Dantzler, Hinson, Jefferson and Merrill: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BERKELEY HIGH SCHOOL MOCK TRIAL TEAM AND ITS TEACHER COACHES AND ATTORNEY COACHES FOR THE PURPOSE OF CONGRATULATING THE TEAM ON ITS FIRST-PLACE FINISH IN THE STATE HIGH SCHOOL MOCK TRIAL COMPETITION.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Berkeley High School Mock Trial Team and its teacher coaches and attorney coaches at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring the team on its first-place finish in the state High School Mock Trial Competition.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Howard Huggins Jefferson Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice 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 Toole Townsend Tripp Umphlett Vaughn Vick Walker Weeks White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, May 5.
Thad Viers Michael Thompson Jackson "Seth" Whipper Karl Allen Alan D. Clemmons Ralph Davenport Jerry Govan Bill Cotty Todd Rutherford Fletcher Smith Denny Neilson Douglas Jennings Walton McLeod
The SPEAKER granted Rep. HOSEY a leave of absence for the day.
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
Rep. SCOTT presented to the House the Joseph Keels Elementary 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. 3730 (Word version)
Date: ADD:
05/05/05 LOFTIS
Bill Number: H. 3730 (Word version)
Date: ADD:
05/05/05 DUNCAN
Bill Number: H. 3457 (Word version)
Date: ADD:
05/05/05 VICK
Bill Number: H. 3457 (Word version)
Date: ADD:
05/05/05 BARFIELD
Bill Number: H. 3457 (Word version)
Date: ADD:
05/05/05 CLEMMONS
Bill Number: H. 3457 (Word version)
Date: ADD:
05/05/05 LOFTIS
The following Bill was taken up, read the third time, and ordered sent to the Senate:
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.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 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.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
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.
The following Bill was taken up:
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3379DW05), which was adopted:
Amend the bill, as and if amended, Section 38-43-110(B), SECTION 1, page 1, line 35, by deleting / six twelve / and inserting / six /.
When amended subsection (B) reads:
/ (B) A producer who allows his license to lapse for failure fails to comply with pay the continuing education recordkeeping fee as required by Section 38-43-106 may shall have his license canceled on renewal. However, within six months from the compliance deadline, he may reinstate the same license without the necessity of complying with Section 38-43-105, provided a total of thirty hours of continuing education has been completed by November first of the compliance year, and a penalty fee set forth by regulation is paid the recordkeeping fee is paid to the Continuing Education Administrator. In addition, a penalty fee, not to exceed one hundred dollars, must be paid to and retained by the department for administrative services resulting from those producers who fail to comply with Section 38-43-106. /
Amend further, Section 38-43-110(C), SECTION 1, page 2, line 5, by deleting /licensed/ and inserting / license /.
When amended subsection (C) reads:
(C) A producer who fails to comply with the biennial continuing education hourly requirement as provided for in Section 38-43-106 shall have his license canceled on renewal. However, the producer may reinstate the same license without the necessity of complying with Section 38-43-105, provided within six months from the compliance deadline the required number of continuing education hours have been completed and a penalty fee, not to exceed two hundred dollars, is paid to and retained by the department for administrative services resulting from those producers who fail to comply with Section 38-43-106. /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 7B of Act 291 of 2004 is amended to read:
"B. This section takes effect May 1, 2006 2010." /
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that H. 3672 (Word version) be read the third time tomorrow.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
Rep. SCARBOROUGH explained the Bill.
On motion of Rep. SCARBOROUGH, with unanimous consent, it was ordered that H. 3899 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2604SJ05), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting clause and inserting:
/ SECTION 1. Section 45-2-70 of the 1976 Code is amended to read:
"Section 45-2-70. The innkeeper shall post a copy of this chapter, including the requirements of Section 45-5-80, together with all rules of the lodging establishment, in a conspicuous place at or near the guest registration desk."
SECTION 2. Chapter 5, Title 45 of the 1976 Code is amended by adding:
"Section 45-5-80. (A) All hotels in this State that are not required by law to have a fire sprinkler system in the building shall post a notice in a conspicuous place at or near the guest registration desk no later than July 1, 2006. The posting must be on an eight and one-half inches by eleven inches sign with letters no less than three quarters of an inch in size and must state the following: 'This building meets local fire and building codes and is not required by law to have a fire sprinkler system.'
(B) A hotel that violates the provisions of this section shall be fined up to two hundred dollars for each violation. Each day constitutes a separate violation."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
The amendment was then adopted.
Reps. WHIPPER, BREELAND, R. BROWN, NORMAN, LIMEHOUSE, SIMRILL, CLEMMONS, BARFIELD, SCARBOROUGH, HUGGINS, CATO, LITTLEJOHN and PHILLIPS requested debate on the Bill.
The following Bill was taken up:
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.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 3457 (Word version) -- Reps. White, Rivers, Duncan, G. R. Smith, Limehouse, Bailey, Hagood, Hamilton, Martin, M. A. Pitts, Scarborough, Sinclair, Vaughn, Young, Altman, Vick, Barfield, Clemmons and Loftis: 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article I of the Constitution of this State be amended by adding:
Section 25. Hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people. Fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers. Fish and wildlife management, including taking, shall be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish. Hunting, fishing, or trapping by sportsmen shall always be a preferred and available means of controlling all invasive or overpopulated species. Any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section. The right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribe by general law.
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I, of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended by adding Section 25 so as to provide that hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people, to provide that fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers, to provide that any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section, and to provide that the right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribe by general law?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20487SD05), which was adopted:
Amend the joint resolution, as and if amended, by striking Section 25 of Article I of the Constitution of this State, as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 25. Hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people. Fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers. Fish and wildlife management, including taking, shall be consistent with the state's duty to protect this heritage and its duty to conserve wild animals, birds, and fish. Hunting, fishing, or trapping by sportsmen shall always be a preferred and available means of controlling all invasive or overpopulated species. Any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section. The right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribe by general law./
Amend further, as and if amended, in SECTION 2 by striking lines 6 through 16, page 2, and inserting:
/ "Must Article I, of the Constitution of this State, relating to the declaration of rights under the state's Constitution, be amended by adding Section 25 so as to provide that hunting, trapping, and fishing and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people, to provide that fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers, to provide that any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this section shall have a private cause of action to enforce this section, and to provide that the right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribe by general law?/
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Huggins Jefferson Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee Merrill Miller J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice 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 Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3457 (Word version) be read the third time tomorrow.
The following Joint Resolution was taken up:
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.
Rep. J. E. SMITH made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
Rep. HARRISON proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7518AHB05), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-3-340(C)(1), as contained in SECTION 2, page 5, beginning on line 36, and inserting:
/ (1) It shall represent any person who the office determines, subject to court review, falls within the guidelines promulgated pursuant to Section 17-3-310(F)(2) who files Notice of Intention to Appeal or desires to appeal a conviction in any trial court, or decision of any proceeding in civil commitment or other voluntary placement in a state, county, or municipal facility. Any person desiring representation by the division shall request a determination of his indigency status in writing from the Supreme Court, the court of appeals, the circuit or family court, or the division. Any court receiving a request for indigent appellate representation shall forward the request to the office who, within ten days of the receipt of the request for representation, shall notify the person requesting representation and the court in which the appeal will be effected of its decision. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3539 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10872MM05), which was adopted:
Amend the bill, as and if amended, by adding immediately after line 21 on page 4:
/ "Section 39-15-1195. (A) The following property is subject to forfeiture upon violation of Section 39-15-1190 as described:
(1) all property, both real and personal, in any manner knowingly used to engage in a violation or to further a violation of Section 39-15-1190;
(2) all monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of Section 39-15-1190.
(B) Property subject to forfeiture pursuant to this section may be seized by the department having authority upon warrant issued by a court having jurisdiction over the property. Seizure without process may be made if:
(1) the seizure is incident to an arrest or a search pursuant to a search warrant or an inspection pursuant to an administrative inspection warrant;
(2) the property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding based upon this section;
(3) the department has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) the department has probable cause to believe that the property was used or is intended to be used in violation of this section.
(C) If a seizure is made pursuant to subsection (B), proceedings pursuant to Section 44-53-530 regarding forfeiture and disposition must be instituted within a reasonable time.
(D) Property taken or detained pursuant to this section is not subject to replevin but is considered to be in the custody of the department making the seizure, subject only to the orders of the court having jurisdiction over the forfeiture proceedings.
(E) For the purposes of this section, when the seizure of property subject to seizure is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.
(F) Law enforcement agencies seizing property pursuant to this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an interest bearing account pending final disposition by the court unless the seizing agency determines the monies to be of an evidentiary nature and provides for security in another manner.
(G) When property and monies of value as defined in this section or anything else of value is seized, the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecution agency.
(1) The report must provide the following information with respect to the property seized:
(a) description;
(b) circumstances of seizure;
(c) present custodian and where the property is being stored or its location;
(d) name of owner;
(e) name of lienholder, if any;
(f) seizing agency.
(2) If the property is a conveyance, the report must include the:
(a) make, model, serial number, and year of the conveyance;
(b) person in whose name the conveyance is registered; and
(c) name of any lienholders.
(3) In addition to the report provided for in items (1) and (2), the law enforcement agency shall prepare for dissemination to the public upon request a report providing the following information:
(a) a description of the quantity and nature of the property and money seized;
(b) the seizing agency;
(c) the make, model, and year of a conveyance; and
(d) the law enforcement agency responsible for the property or conveyance seized.
(H) Property or conveyances seized by a law enforcement agency or department must not be used by officers for personal purposes." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that H. 3051 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2603SJ05), which was adopted:
Amend the bill, as and if amended, Section 40-47-213(A)(2) as contained in SECTION 1, by deleting item (2) in its entirety and inserting:
/ (2) Information may be disclosed to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. The name of the initial complainant must be provided to the licensee who is the subject of the complaint, investigation, or proceeding unless the board, hearing officer, or panel determines there is good cause to withhold that information. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3928 (Word version) be read the third time tomorrow.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 5, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, Land and Peeler of the Committee of Conference on the part of the Senate on H. 3716:
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.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 5, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, Land and Peeler of the Committee of Conference on the part of the Senate on H. 3717:
H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4052 (Word version) -- Reps. G. M. Smith, Weeks, Coates, J. H. Neal, 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, 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. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE LANCE CORPORAL SHAYWARD S. MCKENZIE OF THE SOUTH CAROLINA HIGHWAY PATROL ON BEING NAMED THE 2004 SOUTH CAROLINA HIGHWAY PATROL TROOPER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3730 (Word version) -- Reps. Lucas, Cotty, Sinclair, Loftis and Duncan: 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.
Rep. SINCLAIR explained the Bill.
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.
Rep. J. M. NEAL explained the Bill.
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. SINCLAIR, with unanimous consent, it was ordered that H. 3730 (Word version) be read the third time tomorrow.
On motion of Rep. J. M. NEAL, with unanimous consent, it was ordered that S. 424 (Word version) be read the third time tomorrow.
On motion of Rep. GOVAN, with unanimous consent, it was ordered that H. 4038 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. SINCLAIR made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. CHELLIS withdrew his request for debate on H. 3405 (Word version); however, other requests for debate remained on the Bill.
On motion of Rep. DELLENEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
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.
On motion of Rep. G. R. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
S. 506 (Word version) -- Senator Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
Rep. LOFTIS asked unanimous consent to recall H. 3225 (Word version) from the Committee on Education and Public Works.
Rep. SKELTON objected.
On motion of Rep. LIMEHOUSE, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 3923 (Word version) -- Reps. Limehouse, Altman, Harrell, Merrill, Scarborough, Hinson, Dantzler, Chellis, Hagood and Ceips: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PORTS AUTHORITY, BY ADDING ARTICLE 12 SO AS TO REQUIRE A FINGERPRINT-BASED CRIMINAL HISTORY CHECK OF EMPLOYEES OF THE PORTS AUTHORITY AND OTHER PERSONS ON TERMINALS ENGAGED IN ACTIVITIES RELATING TO CARGO MOVEMENT AT PORTS AUTHORITY FACILITIES, TO PROHIBIT THE EMPLOYMENT OF CERTAIN PERSONS AT PORTS AUTHORITY FACILITIES, AND TO PROVIDE FOR THE PROCEDURES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS.
Rep. CHELLIS asked unanimous consent to recall H. 3319 (Word version) from the Committee on Education and Public Works.
Rep. HAYES objected.
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. RICE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 581 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE "BOILER SAFETY ACT" TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS FOR THE SAFE INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS IN THIS STATE, INCLUDING STANDARDS FOR NEW CONSTRUCTION AND FOR BOILERS IN USE; TO EXEMPT CERTAIN BOILERS FROM REGULATION UNDER THIS CHAPTER; TO IDENTIFY STANDARDS FOR WORKING PRESSURE OF A BOILER; TO AUTHORIZE THE APPOINTMENT OF A CHIEF BOILER INSPECTOR, FOR THE PURPOSE OF ENFORCING THE LAWS OF THIS STATE REGULATING THE USE OF BOILERS; TO PROVIDE CERTIFICATION REQUIREMENTS FOR SPECIAL INSPECTORS FOR COMPANIES INSURING BOILERS IN THIS STATE; TO PROVIDE BOILER INSPECTION TIMEFRAMES, CRITERIA, AND REPORTING REQUIREMENTS; TO PROVIDE PENALTIES; AND TO PROHIBIT A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING ORDINANCES REGULATING THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS.
Rep. CATO explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER granted Rep. RICE a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration:
H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Rep. SCOTT explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
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 REPEAL SECTION 12-37-223A, RELATING TO A COUNTY OPTION PROPERTY TAX EXEMPTION.
The following Concurrent Resolution was taken up:
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".
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly 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".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. HARRISON.
The following Bill was taken up:
H. 3344 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF PROPERTY, MONIES, NEGOTIABLE INSTRUMENTS, SECURITIES, AND OTHER THINGS OF VALUE WHEN A PERSON VIOLATES A PROVISION OF THE ANIMAL FIGHTING AND BAITING ACT, TO PROVIDE PROCEDURES FOR FORFEITURE, AND TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE; TO AMEND SECTION 16-27-60, RELATING TO ACTIVITIES THAT ARE NOT SUBJECT TO THE CRIMINAL PENALTIES OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO INCLUDE GAME FOWL UNDER THE PROVISIONS OF THE ACT BY DELETING ITS EXEMPTION; AND TO REPEAL SECTION 16-17-650 RELATING TO THE MISDEMEANOR OFFENSE OF COCKFIGHTING.
Rep. VICK requested debate on the Bill.
Rep. WITHERSPOON moved to adjourn debate on the Bill until Tuesday, May 10, which was agreed to.
The following Bill was taken up:
H. 3405 (Word version) -- Reps. Mahaffey, J. Brown, Howard, Hosey, Kennedy, M. Hines, Townsend, Anthony, Breeland, Cato, Dantzler, Emory, Hardwick, Hayes, Jefferson, Jennings, Leach, J. M. Neal, Owens, M. A. Pitts, Rivers, Sinclair, Toole, Umphlett, Vaughn, Witherspoon, Young and Miller: A BILL TO AMEND SECTION 40-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF PODIATRISTS, SO AS TO REVISE THE DEFINITION OF "PODIATRY" AND TO DEFINE "PRACTICE OF PODIATRY".
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\1719AC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-51-20 of the 1976 Code is amended to read:
"Section 40-51-20. For the purposes of this chapter:
(1) 'Podiatry' shall mean means the diagnosis, medical and surgical, medical, or mechanical treatment limited to of all ailments of the human foot, except the administration of an anaesthetic other than local and ankle, and their related soft tissue structures to the level of the myotendinous junction. 'Podiatry' does not include the amputation of the entire foot, the administration of an anesthetic other than local, or the surgical correction of clubfoot of an infant two years of age or less.
(2) "Diagnosis" shall mean to ascertain a disease or ailment by symptoms and findings and does not confer the right to use X-ray other than for diagnosis 'Podiatrist' means a person licensed in accordance with this chapter and by such licensure is licensed to diagnose and treat ailments of the foot and ankle.
(3) "Medical treatment" shall mean the application or prescribing of any therapeutic agent or remedy for the relief of foot ailments, except the medical treatment of any systemic disease causing manifestations in the foot.
(4) "Surgical treatment" shall mean the use of any cutting instrument to treat a disease, ailment, deformity or condition of the foot, but shall not confer the right to amputate the foot or toes."
SECTION 2. Chapter 51, Title 40 of the 1976 Code is amended by adding:
"Section 40-51-210. Surgery of the ankle and soft tissue structures governing the ankle must be performed in an accredited hospital or ambulatory surgery center. A podiatrist who performs these surgical procedures shall satisfy all requirements for credentials as outlined by the facility. In addition to granting or denying privileges, the governing body of each hospital or ambulatory surgery center may suspend, revoke, or modify privileges. All applicants or individuals who have privileges shall comply with all applicable medical staff bylaws, rules, and regulations, including the policies and procedures governing the qualifications of applicants and the scope and delineation of privileges."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. MAHAFFEY explained the amendment.
Rep. NORMAN spoke against the amendment.
Rep. WHITE moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. SCOTT moved to table the motion.
Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bailey Bales Ballentine Battle Bowers Breeland J. Brown Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cotty Dantzler Davenport Edge Frye Funderburk Govan Haley Hardwick Harrell Hayes J. Hines M. Hines Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Mahaffey Martin McCraw Miller J. H. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts Rhoad Scott Simrill Sinclair Skelton G. R. Smith J. R. Smith W. D. Smith Stewart Talley Toole Tripp Umphlett Vaughn Weeks Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Altman Anderson Barfield Bingham Brady Branham R. Brown Coleman Cooper Duncan Emory Hagood Hinson Kennedy Littlejohn Loftis Lucas Mack McGee Merrill J. M. Neal Sandifer Scarborough G. M. Smith J. E. Smith Taylor Thompson Townsend Vick Viers Walker Whipper White Whitmire
So, the motion to recommit the Bill was tabled.
Rep. ALTMAN spoke against the amendment.
Rep. HALEY spoke in favor of the amendment.
Rep. GOVAN spoke against the amendment.
The amendment was then adopted by a division vote of 52 to 31.
Rep. HALEY proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11752AC05), which was adopted:
Amend the bill, as and if amended, Section 40-51-210, page 3405-2, line 18 after /procedures/ by inserting:
/must be board certified or eligible for certification by the American Board of Podiatric Surgery to perform ankle procedures and/
Renumber sections to conform.
Amend title to conform.
Rep. HALEY explained the amendment.
Rep. NORMAN spoke against the amendment.
Rep. NORMAN moved to table the amendment.
Rep. NORMAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Bowers Branham J. Brown Coates Coleman Davenport Govan Hagood Haskins M. Hines Hiott Kennedy Leach Limehouse Mack McGee Norman Rutherford Scarborough Sinclair Skelton G. M. Smith J. E. Smith Stewart Thompson Walker Whipper
Those who voted in the negative are:
Anderson Anthony Bailey Bales Ballentine Barfield Battle Brady Breeland R. Brown Cato Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cotty Duncan Edge Emory Frye Funderburk Haley Hamilton Hardwick Harrell Harrison Hayes J. Hines Hinson Howard Huggins Jefferson Jennings Kirsh Littlejohn Lucas Mahaffey Martin McCraw McLeod Miller J. H. Neal J. M. Neal Neilson Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Sandifer Simrill G. R. Smith J. R. Smith W. D. Smith Talley Taylor Toole Townsend Tripp Umphlett Vaughn Vick Viers Weeks White Whitmire Young
So, the House refused to table the amendment.
The amendment was then adopted.
Rep. BRANHAM spoke against the Bill.
Rep. HALEY spoke in favor of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Ballentine Battle Breeland Cato Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Cotty Edge Emory Frye Funderburk Haley Hardwick Harrell Hayes Hinson Howard Huggins Jefferson Jennings Kirsh Littlejohn Mahaffey Martin McCraw McLeod Merrill Miller Neilson Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rutherford Scott J. R. Smith Toole Townsend Tripp Umphlett Vaughn Vick White Wilkins Witherspoon Young
Those who voted in the negative are:
Agnew Allen Altman Anderson Barfield Bowers Brady Branham R. Brown Coates Coleman Dantzler Davenport Duncan Govan Hagood Hamilton Haskins J. Hines M. Hines Hiott Kennedy Leach Limehouse Loftis Lucas Mack McGee J. M. Neal Norman Sandifer Scarborough Simrill Sinclair Skelton G. M. Smith G. R. Smith J. E. Smith Stewart Talley Taylor Thompson Viers Walker Weeks Whipper Whitmire
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. PERRY 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. 4040 (Word version) -- Reps. Cooper, Cato, Haskins, Leach, Loftis, G.R. Smith, Vaughn 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".
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4053 (Word version) -- Reps. Govan, Wilkins, Scott, Bingham, Rivers, Rutherford, J. E. Smith, Whipper, Miller, Clyburn, McLeod, Haskins, R. Brown, Kirsh, Moody-Lawrence, Merrill, Vick, Rhoad, Ott, Anthony, Agnew, Altman, Bailey, Bales, Battle, Branham, Breeland, J. Brown, Chellis, Emory, Funderburk, Hayes, J. Hines, Hinson, Hosey, Jefferson, Lee, McGee, J. M. Neal, Neilson, Pinson, Simrill, G. M. Smith, G. R. Smith, Taylor, Umphlett and Vaughn: A JOINT RESOLUTION TO CREATE THE ERNEST F. "FRITZ" HOLLINGS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
On motion of Rep. GOVAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4054 (Word version) -- Reps. Edge, Merrill and Viers: 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 FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER; AND BY ADDING ARTICLE 6 TO CHAPTER 63, TITLE 59 OF THE 1976 CODE SO AS TO ALLOW STUDENTS ATTENDING A FAILING PUBLIC SCHOOL TO USE AN EDUCATION VOUCHER TO TRANSFER TO ANOTHER PUBLIC SCHOOL OR TO AN INDEPENDENT SCHOOL, TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR REPORTING AND CONDUCTING OF EXAMINATIONS AND INVESTIGATIONS.
Rep. TRIPP asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. COBB-HUNTER objected.
Referred to Committee on Ways and Means
H. 4055 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION.
Referred to Committee on Ways and Means
H. 4056 (Word version) -- Reps. Jefferson, J. H. Neal, Harrison, Clark, Bailey, Chellis, Clyburn, Dantzler, Howard, Rhoad and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 13, TITLE 24 SO AS TO ESTABLISH AN EDUCATION AND SPIRITUAL TRAINING PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS TO OFFER A PRISONER THE POSSIBILITY OF OBTAINING AN EARLY SUPERVISED RELEASE FROM PRISON UPON COMPLETION OF THE PROGRAM AND OBTAINING A JOB OFFER.
Referred to Committee on Judiciary
Rep. OTT moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
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.
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.
At 12:12 p.m. the House, in accordance with the motion of Rep. R. BROWN, adjourned in memory of Hugh C. Lane of Charleston, to meet at 10:00 a.m. tomorrow.
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