Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 29:4: "The voice of the Lord is powerful; the voice of the Lord is full of majesty."
Let us pray. Grant us, O Lord, Your power and the wisdom to use it to Your glory. Give us ears to hear Your voice directing us in the way that gives opportunities for greater service to the people. Guide each Member and staff to discern Your voice. Look in favor upon our Nation, President, State and her leaders. Protect our defenders of freedom and keep them safe. Hear our prayer, O Lord. 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. WALKER moved that when the House adjourns, it adjourn in memory of John Floyd Lawrence of Landrum, which was agreed to.

The following was received:

Columbia, S.C., May 26, 2005
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:15 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

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

The following was received:

Columbia, S.C., May 26, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 73, H. 3716 by a vote of 39 to 5:

Veto 1.   Part IA, Section 1, page 5, Department of Education, Education Improvement Act, Standard, Teaching, Learning, Account, Student Testing, Other Operating Expenses, $1,000,559.

Very respectfully,
President

The following was received:

Columbia, S.C., May 26, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 73, H. 3716 by a vote of 41 to 4:

Veto 2.   Part IA, Section 5A, page 25, Commission on Higher Education, Administration, Think TEC/Fastrac - Entrepreneurial Ed/Mento, $250,000.

Very respectfully,
President

The following was received:

Columbia, S.C., May 26, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 73, H. 3716 by a vote of 43 to 3:

Veto 3.   Part IA, Section 5B, page 29, Higher Education Tuition Grants Commission, Administration, SC Student Legislature, $17,780.

Very respectfully,
President

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

H. 4159 (Word version) -- Reps. Wilkins, Merrill and Ott: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 2005, NOT LATER THAN 5:00 P.M., THE HOUSE OF REPRESENTATIVES AND THE SENATE MAY MEET IN STATEWIDE SESSION INDEPENDENTLY OR IN CONJUNCTION WITH THE OTHER HOUSE ON A TUESDAY AT 11:00 A.M. TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND PRESIDENT PRO TEMPORE OF THE SENATE IN REGARD TO THEIR RESPECTIVE HOUSES UNDER THE TERMS AND CONDITIONS ESTABLISHED HEREIN AND CONTINUING, IF NECESSARY, UNTIL THE FOLLOWING WEDNESDAY NOT LATER THAN 5:00 P.M., TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE UPON THE ADJOURNMENT OF THE AUTHORIZED STATEWIDE SESSIONS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE NOT LATER THAN 5:00 P.M. ON THE WEDNESDAY FOLLOWING THEIR CONVENING, TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED UNTIL THE EXTENDED SINE DIE ADJOURNMENT DATE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NOT LATER THAN 5:00 P.M. ON SEPTEMBER 15, 2005, WHETHER OR NOT THE ABOVE STATEWIDE SESSIONS OF THE HOUSE AND SENATE HAVE BEEN HELD.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

The following was introduced:

H. 4213 (Word version) -- Reps. Coates, Branham, McGee, M. Hines, J. Hines, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, 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, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE WAYNE A. HOWARD, LIEUTENANT FOR SPECIAL PROJECTS OF THE FLORENCE COUNTY SHERIFF'S DEPARTMENT, FOR HIS EXTRAORDINARY COMMITMENT TO THE BETTERMENT AND PROTECTION OF HIS COMMUNITY AND ITS CITIZENS.

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

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

Agnew                  Allen                  Altman
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            Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Harrison               Haskins                Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hosey                  Howard
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Mack                   Mahaffey
Martin                 McCraw                 McGee
Merrill                Miller                 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                 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 26.

Jackie Hayes                      James Lucas
Walton McLeod                     Kenneth Kennedy
Bill Cotty                        Chip Huggins
Denny Neilson                     Brenda Lee
Todd Rutherford                   Jackson "Seth"  Whipper
Creighton Coleman                 Carl Anderson
Joseph Neal                       Thad Viers
Robert Harrell

The SPEAKER granted Rep. HARDWICK a leave of absence for the day due to personal reasons.

The SPEAKER granted Rep. THOMPSON a leave of absence for the day due to illness.

The SPEAKER granted Rep. F. N. SMITH a leave of absence for the day due to a death in the family.

The SPEAKER granted Rep. HAYES a leave of absence for the remainder of the day due to family illness.

Reps. TRIPP and LEE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 25.

Rep. WILKINS presented to the House the Christ Church Episcopal School Boys Soccer Team, the South Carolina Independent School Association Class A/AA Champions, their coach and other school officials.

Rep. WILKINS presented to the House the Christ Church Episcopal School "Lady Cavaliers" Cross Country Team, the 2005 South Carolina Independent School Association Class A/AA Champions, their coach and other school officials.

Rep. CLYBURN presented to the House the Wardlaw Academy "Patriots" Basketball Team, the 2005 South Carolina Independent School Association Class A Champions, their coach and other school officials.

Rep. HARRISON presented to the House the A. C. Flora Mens Tennis Team, the 2005 Class AAA Champions, their coach and other school officials.

Rep. G. BROWN presented to the House the Lee Central High School Lady Stallions Basketball, the 2005 Class AA Champions, their coach and other school officials.

Reps. WALKER and DAVENPORT presented to the House the Landrum High School Boys Varsity "Cardinals" Baseball Team, the 2005 Class A Champions, their coach and other school officials.

Reps. WALKER and DAVENPORT presented to the House the Chapman High School Lady Panthers Softball Team, the 2005 Class AA Champions, their coach and other school officials.

Reps. MAHAFFEY, SINCLAIR and TALLEY presented to the House the James F. Byrnes High School "Lady Rebels" Softball Team, the State AAAA Champions, their coach and other school officials.

Rep. PINSON presented to the House the Cambridge Academy Tennis Team, the 2005 South Carolina Independent School Association Class A Champions, their coach and other school officials.

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 4142 (Word version) -- Rep. Clyburn: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SEVEN SINGLE MEMBER DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED.

H. 4189 (Word version) -- Rep. Jennings: A BILL TO ENACT THE MARLBORO COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN MARLBORO COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TWENTY-FIVE YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 746 (Word version) -- Senators Matthews and Hutto: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.

S. 801 (Word version) -- Senators Matthews, McGill, Leventis, Ritchie, Hutto, Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney, Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL BLUE RIBBON STUDY COMMITTEE TO STUDY THE POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY.

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.

S. 305 (Word version) -- Senators Peeler, J. V. Smith, Short, Alexander, Hayes, Moore, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND EFFICIENT MEDICAID CARE MANAGEMENT, INCLUDING ADMINISTERING CARE MANAGEMENT PROGRAMS FOR ROUTINE CARE AND IMPLEMENTING CARE MANAGEMENT PROGRAMS FOR CHRONIC DISEASE CARE; TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; TO PROVIDE FOR EFFECTIVE MEDICAID STATE AGENCY SERVICE MANAGEMENT, INCLUDING PERIODIC MEETINGS OF DIRECTORS OF ALL STATE AGENCIES RECEIVING MEDICAID FUNDS FOR THE PURPOSE OF CONTROLLING THE GROWTH OF MEDICAID AND IMPROVING THE STATE MEDICAID PROGRAM AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON MEDICAID EXPENDITURES AND TO CONDUCT PERIODIC AUDITS AND REVIEWS OF STATE AGENCIES RECEIVING MEDICAID FUNDS; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO, AMONG OTHER THINGS, DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA, TO CENTRALIZE MEDICAID ELIGIBILITY PROCESSING, AND TO CONDUCT AUDITS OF ELIGIBILITY FILES; TO AMEND SECTION 44-6-80, RELATING TO REPORTS TO THE GENERAL ASSEMBLY, SO AS TO FURTHER SPECIFY THE CONTENTS AND REQUIREMENTS FOR THESE REPORTS; TO AMEND ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE FOR MEDICAID FRAUD AND ABUSE MANAGEMENT, INCLUDING PROVISIONS REQUIRING AUDITS, SANCTIONS, AND CONTRACTING WITH OTHER ENTITIES TO PREVENT MEDICAID FRAUD, ABUSE, AND WASTE; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO SUBMIT NAMES AND OTHER IDENTIFYING INFORMATION TO THE DEPARTMENT OF INSURANCE TO BE PROVIDED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE IN IDENTIFYING MEDICAID RECIPIENTS WHO HAVE OTHER HEALTH INSURANCE COVERAGE; TO ADD SECTION 44-6-112 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO FUND THE NET COSTS OF ANY THIRD PARTY LIABILITY AND DRUG REBATE COLLECTION EFFORTS FROM THE REVENUE COLLECTED IN THOSE EFFORTS; TO AMEND SECTION 43-3-65, RELATING TO COUNTIES PROVIDING OFFICE SPACE TO THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES TO PROVIDE SPACE FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELIGIBILITY PROCESSING; AND TO REPEAL JOINT RESOLUTION 370 OF 2002 RELATING TO NURSING HOME BED FRANCHISE FEES.

The following Bill was taken up:

H. 3346 (Word version) -- Reps. Scott, Govan, J. Brown, McLeod, Clyburn, J. Hines, Hosey, Miller, M. Hines, Haskins, Phillips, J. H. Neal, Bales, Battle, Breeland, R. Brown, Howard, Jennings, J. E. Smith, Clark, Rutherford and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45, TITLE 44 TO ENACT THE SOUTH CAROLINA CHILDREN'S HEALTH OBESITY ACT, INCLUDING PROVISIONS TO CREATE THE CHILD HEALTH ADVISORY COMMITTEE; TO PROVIDE FOR ITS MEMBERSHIP, POWERS AND DUTIES, INCLUDING DEVELOPING NUTRITION AND PHYSICAL ACTIVITY STANDARDS AND RECOMMENDATIONS TO BE IMPLEMENTED BY THE DEPARTMENT OF EDUCATION; TO PROVIDE FOR CERTAIN HEALTH AND NUTRITION SPECIALISTS TO BE EMPLOYED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION, CONTINGENT UPON AVAILABLE FUNDING; TO REQUIRE SCHOOL DISTRICTS TO CONVENE NUTRITION AND PHYSICAL ACTIVITY ADVISORY COMMITTEES; TO REQUIRE STUDENT AND SCHOOL REPORT CARDS TO CONTAIN CERTAIN HEALTH DATA; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF EDUCATION TO REPORT TO CERTAIN LEGISLATIVE COMMITTEES ON THE IMPLEMENTATION OF THIS ACT.

Rep. SCOTT moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.

The following Bill was taken up:

S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander, Fair and Knotts: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7540AHB05), which was adopted:
Amend the bill, as and if amended, by striking in its entirety Section 44-53-370(d)(3), as contained in SECTION 4, page 9, beginning on line 31, and inserting:
/     (3)   cocaine is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both. For a first offense, the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than seven years or fined not more than seven thousand five hundred dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than twelve thousand five hundred dollars, or both; /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ____.   Section 44-53-470 of the 1976 Code is amended to read:

"Section 44-53-470.   An offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this article or under any State or Federal statute relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.:

(1)   for a possession offense pursuant to the provisions of this article, the offender has been convicted within the previous ten years of a violation of a provision of this article or of another state or federal statute relating to narcotic drugs, marijuana, depressants, stimulants, or hallucinogenic drugs; and

(2)   for all other offenses pursuant to the provisions of this article, the offender has at any time been convicted of a violation of a provision of this article or of another state or federal statute relating to narcotic drugs, marijuana, depressants, stimulants, or hallucinogenic drugs." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.

Reps. G. M. SMITH and HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\3540AHB05), which was adopted:
Amend the bill, as and if amended, by striking in its entirety Section 44-53-370(d)(3), as contained in SECTION 4, page 9, beginning on line 31, and inserting:
/     (3)   cocaine is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both. For a first offense, the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than seven thousand five hundred dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than twelve thousand five hundred dollars, or both; /
Amend the bill further, by deleting in its entirety Section 44-53-375(A), as contained in SECTION 5, page 10, beginning on line 39, and inserting:
/ (A)   A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine methamphetamine or cocaine base, as defined in Section 44-53-110, is guilty of a felony misdemeanor and, upon conviction for a first offense, must be imprisoned not more than five three years and or fined not less more than five thousand dollars, or both. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten five years and or fined not less more than ten thousand seven thousand five hundred dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less more than ten years nor more than fifteen years and or fined not less more than fifteen thousand twelve thousand five hundred dollars, or both. /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ____.   Section 44-53-470 of the 1976 Code is amended to read:

"Section 44-53-470.   An offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this article or under any State or Federal statute relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.:

(1)   for a possession offense pursuant to the provisions of this article, the offender has been convicted within the previous ten years of a violation of a provision of this article or of another state or federal statute relating to narcotic drugs, marijuana, depressants, stimulants, or hallucinogenic drugs; and

(2)   for all other offenses pursuant to the provisions of this article, the offender has at any time been convicted of a violation of a provision of this article or of another state or federal statute relating to narcotic drugs, marijuana, depressants, stimulants, or hallucinogenic drugs." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   Section 44-53-420 of the 1976 Code is amended to read:
/ "Section 44-53-420.   (A)   Except as provided in subsection (B), Any a person who attempts or conspires to commit any an offense made unlawful by the provisions of this article shall, upon conviction, be fined or imprisoned in the same manner as for the offense planned or attempted; but such the fine or imprisonment shall not exceed one half of the punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

(B)   A person who attempts to possess a substance made unlawful by the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both." /
Renumber sections to conform.
Amend title to conform.

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

Rep. G. M. SMITH proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22243HTC05), which was adopted:
Amend the bill, as and if amended, by striking Section 44-53-375(E), as contained in Section 5, beginning on page 13, and inserting:
/   (E)(1)   It is unlawful for any person, other than a manufacturer, practitioner, dispenser, distributor, or retailer to knowingly possess any product that contains twelve grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances. A person who violates this subsection is guilty of a felony and, upon conviction, must be punished as follows if the quantity involved is:

(a)   twelve grams or more, but less than twenty-eight grams:

(i)   for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(ii)   for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(iii)   for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b)   twenty-eight grams or more, but less than one hundred grams:

(i)   for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(ii)   for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(iii)   for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c)   one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(d)   two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(e)   four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(2)   This subsection does not apply to:

(a)   a consumer who possesses products:

(i) containing ephedrine, pseudoephedrine, or phenylpropanolamine in a manner consistent with typical medicinal or household use, as indicated by storage location, and possession of the products in a variety of strengths, brands, types, purposes, and expiration dates; or

(ii) for agricultural use containing anhydrous ammonia if the consumer has reformulated the anhydrous ammonia by means of additive so as effectively to prevent the conversion of the active ingredient into methamphetamine, its salts, isomers, salts of isomers, or its precursors, or the precursors' salts, isomers, or salts of isomers, or a combination of any of these substances; or

(b)   products labeled for pediatric use pursuant to federal regulations and according to label instructions primarily intended for administration to children under twelve years of age; or

(c)   products that the Drug Enforcement Administration and the Department of Health and Environmental Control, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, its salts, isomers, salts of isomers, or its precursors, or the precursors' salts, isomers, or salts of isomers, or a combination of any of these substances.

(3)   This subsection preempts all local ordinances or regulations governing the possession of any product that contains ephedrine, pseudoephedrine, or phenylpropanolamine.   /
Amend further, as and if amended, by adding an appropriately numbered penultimate section to read:
/   SECTION   ____.   A.   Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3582.   (A)   A resident taxpayer engaged in the business of farming is allowed a refundable income tax credit equal to the amount expended by the taxpayer to obtain the additive required to comply with the provisions of Section 44-53-375(E)(2)(a)(ii) for the agricultural use of anhydrous ammonia. The credit may be claimed against the taxes due pursuant to Section 12-6-510 or 12-6-530.

(B)   If no taxes are due, or the credit exceeds the tax liability of the taxpayer for the taxable year, the amount of the credit or excess over the tax liability must be refunded to the taxpayer.

(C)   The department may require the documentation it determines necessary for the proper administration of this credit."
B.   This section takes effect upon approval of this act by the Governor and applies for taxable years beginning after 2004.   /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON 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. HARRISON, with unanimous consent, it was ordered that S. 16 (Word version) be read the third time tomorrow.

The SPEAKER granted Rep. W. D. SMITH a leave of absence for the remainder of the day.

The following Bill was taken up:

S. 307 (Word version) -- Senators Peeler, Verdin, Cromer, Ryberg, Knotts, Alexander and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6558CM05), which was tabled:
Amend the bill, as and if amended, Section 56-5-1885(A) as contained in SECTION 1, line 26, page 1, by deleting / an interstate / and inserting / any four-lane /.
When amended Section 56-5-1885(A) shall read:
/ "   (A)   A vehicle may not be driven in the furthest left lane of any four-lane highway except when overtaking and passing another vehicle. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

Rep. DELLENEY moved to table the amendment, which was agreed to.

The Bill was read second time and ordered to third reading.

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 307 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, M. A. Pitts, Taylor, Umphlett, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates and Leach: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.

Rep. WHITE proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11869AC05):
Amend the bill, as and if amended, by deleting SECTION 1 of the bill in its entirety and inserting:
/SECTION   1.   Article 3, Chapter 53, Title 44 of the 1976 Code, is amended by adding:

"Section 44-53-398.   (A)   Products whose sole active ingredient is ephedrine or pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent.

(B)   No person may deliver in any single over the counter sale more than three packages of any product containing ephedrine or pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of ephedrine or pseudoephedrine base.

(C)   It is unlawful for a retail distributor to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor registered by the United States Drug Enforcement Administration.

(D)   Except as authorized by this section, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute, any substance containing any amount of ephedrine, pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, dissolved, solvated, or crushed. This subsection does not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose as directed by a person licensed under Title 40 and authorized to prescribe legend drugs.

(E)   This section does not apply to:

(1)   pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under twelve years of age according to label instructions; and

(2)   products that the Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors.

(F)   This section preempts all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006 this section preempts all local ordinances.

(G)(1)   Except as otherwise provided in this section, it is unlawful for a person knowingly to violate any prohibition contained in subsection (A), (B), (C), or (D).

(2)   A person convicted of a violation of subsection (A) or (B) is guilty of a misdemeanor and, upon conviction for a first offense must be fined not more than five hundred dollars, and, upon conviction for a second or subsequent offense must be imprisoned not more than six months or fined not more than one thousand dollars, or both. If a retail distributor is accused of a violation of subsection (B), proof that the retail distributor has engaged a methamphetamine awareness or education program in the store is prima facie evidence that the store has complied with the provisions of this section.

(3)   A person convicted of a violation of subsection (C), upon conviction for a first offense, is guilty of a misdemeanor and must be imprisoned not more than one year or fined not more than one thousand dollars, or both. Upon conviction for a second or subsequent offense, is guilty of a misdemeanor and must be imprisoned not more than three years or fined not more than five thousand dollars, or both.

(4)   A person convicted of a violation of subsection (D) is guilty of a felony and, upon conviction for a first offense must be imprisoned not more than five years and fined not more than five thousand dollars. The court, upon approval from the solicitor, may request as part of the sentence, that the offender enter and successfully complete a drug treatment program. For a second or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not less than ten thousand dollars."/
Renumber sections to conform.
Amend title to conform.

Rep. WHITE explained the amendment.

Rep. WHITE continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3.

Rep. LEACH 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. 4205 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".

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

H. 4205 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".

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

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

S. 867 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 219 IN NEWBERRY COUNTY FROM OXNER ROAD (ROAD S-36-611) TO UNITED STATES HIGHWAY 176 AS "JERRY ALEWINE MEMORIAL HIGHWAY" IN MEMORY OF JERRY M. ALEWINE, WHO SERVED THE COUNTY OF NEWBERRY AND THE STATE OF SOUTH CAROLINA WITH DISTINCTION AS A MEMBER OF THE NEWBERRY COUNTY COUNCIL, AS BOARD CHAIRMAN OF THE NEWBERRY COUNTY MEMORIAL HOSPITAL, AND AS A MEMBER OF THE NEWBERRY COUNTY TRANSPORTATION COMMITTEE AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.

Rep. COATES, from the Florence Delegation, submitted a favorable report on:

H. 3740 (Word version) -- Reps. McGee, Coates, M. Hines, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.

The following was introduced:

H. 4214 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO RECOGNIZE BOYKIN UNITED METHODIST CHURCH OF MARLBORO COUNTY ON THE OCCASION OF ITS HISTORIC BICENTENNIAL AND TO COMMEND THE CHURCH FOR TWO HUNDRED YEARS OF DEDICATED SERVICE AND CHRISTIAN LEADERSHIP TO MARLBORO COUNTY AND THE STATE OF SOUTH CAROLINA.

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

The following was introduced:

H. 4215 (Word version) -- Reps. Wilkins, Merrill and Ott: A HOUSE RESOLUTION TO PROVIDE FOR THE MANNER IN WHICH THE HOUSE OF REPRESENTATIVES SHALL ELECT PERSONS TO FILL VACANCIES IN THE OFFICES OF THE HOUSE OF REPRESENTATIVES DURING THE 2005 REGULAR OR EXTENDED SESSION OF THE GENERAL ASSEMBLY.

Be it resolved by the House of Representatives:

(1)   That pursuant to the provisions of Article III, Section 12 of the Constitution of this State, the House of Representatives sets the following procedures for the election of officers to fill any vacancies in the offices of the House of Representatives that may be held during the 2005 regular or extended session of the General Assembly:

(a)   nomination speeches for the office shall be limited to one speech for each candidate with no speech exceeding ten minutes;

(b)   no seconding nominations or speeches for a candidate are allowed;

(c)   following the conclusion of nomination speeches, the House shall proceed to vote upon the candidates for the office in alphabetical order;

(d)   the reading clerk shall individually call each candidate's name, a roll call vote for a period of two minutes shall be held for the individual candidate, and members wishing to vote for that candidate must cast their ballot on the electronic roll call board;

(e)   a member may vote for only one candidate during a round of balloting;

(f)   after a member has cast his vote for a candidate, and the period for the roll call has expired, a member may not change his vote to another candidate during that ballot;

(g)   nothing contained in item (f) above prevents the unanimous election of a candidate at the conclusion of a round of balloting by acclamation.

(2)   If a candidate fails to receive a majority vote of those persons present and voting, the House shall proceed to successive ballots until a candidate receives a majority of the votes cast by those members present and voting on a ballot.

(3)   Nominating speeches on the second or succeeding ballots are limited to one speech for each candidate with no speech exceeding five minutes, and no seconding speeches are allowed.

Rep. WILKINS explained the Resolution.

Rep. WILKINS moved to adjourn debate on the Resolution, which was agreed to.

The following was introduced:

H. 4216 (Word version) -- Reps. Hosey, 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, 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, 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 TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF FORMER REPRESENTATIVE JOSEPH BOWERS WILDER OF BARNWELL COUNTY ON WEDNESDAY, MAY 18, 2005, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

Whereas, the members of the General Assembly were deeply saddened by news of the passing of Representative Joseph Bowers Wilder on May 18, 2005, remembering his outstanding achievements in service to his district and to South Carolina as a whole; and

Whereas, born on December 25, 1923, in Royston, Georgia, Representative Wilder was the son of the late Garnett and Ruth Wilder; and

Whereas, graduating from the University of Georgia, Joe Wilder began a journalism career with several Georgia newspapers and then moved on to an extensive broadcasting career, where he served as program director and sales manager of WKLY in Hartwell, Georgia, and later opened his own radio station, WBAW in Barnwell; and

Whereas, a World War II Veteran, Mr. Wilder flew numerous missions in the Far East Theater as a member of the United States Army Air Corps, and his love for flying continued after the war when he served for thirty years on the South Carolina Aeronautics Commission and was named Chairman-Emeritus; and

Whereas, Representative Wilder's extensive work in public service began in Hartwell, Georgia, where he served as a town councilman. In 1986, he came to South Carolina to succeed Solomon Blatt, Sr., in the House of Representatives, where he served four terms; and

Whereas, earning praise and recognition for his outstanding work in the Barnwell community and the State as a whole, Representative Wilder was named Legislator of the Year by the South Carolina American Legion, the State Association of Regional Councils, and the Association of the Deaf and Blind; and

Whereas, possessing a true heart for disabled citizens, Mr. Wilder poured many hours of his time into developing and implementing initiatives purposed to better their lives, and was awarded the state's highest civilian honor, the Order of the Palmetto, for his work; and

Whereas, instrumental in the transitioning process for school integration in the 1960's, Mr. Wilder helped establish a Community Relations Committee to facilitate the process; and

Whereas, an outstanding member of various local and state civic organizations, Mr. Wilder was a fifty-year member of the Barnwell Lions Club and a two-time recipient of the prestigious "Lion of the Year" award; and

Whereas, deeply committed to his abiding faith, he served in many leadership positions at Barnwell United Methodist Church and taught the Men's Bible Class for twenty-five years; and

Whereas, Mr. Wilder is sorely missed, but will live on in the hearts and minds of those who knew him and will forever be remembered for his exceptional contributions to the State of South Carolina, in both his capacity as a citizen and as a representative. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express their profound sorrow upon the death of former Representative Joseph Bowers Wilder of Barnwell County on Wednesday, May 18, 2005, and convey the deepest sympathy to his family and friends.

Be it further resolved that a copy of this resolution be forwarded to the family of Representative Joseph Bowers Wilder.

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

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

H. 4217 (Word version) -- Reps. Sandifer and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO LIMIT THE DISABILITY RATING ESTABLISHED BY THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION TO BE LESS THAN BUT MAY NOT EXCEED A MAXIMUM OF ONE HUNDRED FIFTY PERCENT OF THE AMERICAN MEDICAL ASSOCIATION GUIDELINES FOR IMPAIRMENT; BY ADDING SECTION 42-1-190 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO THE INJURED WORKER WHEN ALCOHOL, ILLEGAL, OR LEGAL SUBSTANCES ARE FOUND TO BE PRESENT IN THE PERSON'S BODY WHICH MAY BE INFERRED TO CAUSE THE ACCIDENT AND INJURY OR DEATH; BY ADDING SECTION 42-1-200 SO AS TO ELIMINATE COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO THE INJURED WORKER WHEN THE ACCIDENT WAS INTENTIONAL, OR WHEN THE INJURED FAILED TO FOLLOW COMPANY, STATE, OR FEDERAL POLICIES, RULES, AND REGULATIONS; BY ADDING SECTION 42-1-210 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO ANY INJURED WORKER WHEN THE INJURED WORKER IS AN ILLEGAL ALIEN AND HAS GAINED EMPLOYMENT THROUGH FRAUDULENT MEANS OR METHODS, OR BOTH; BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-9-95 SO AS TO NOT PAY LOST WAGE COMPENSATION TO AN INJURED WORKER DURING ALL PERIODS OF TIME WHILE THE INJURED WORKER IS INCARCERATED AND TO PROVIDE A PAYMENT PROCEDURE IF THE EMPLOYEE IS THE SOLE PROVIDER FOR DEPENDENTS; BY ADDING SECTION 42-15-85 SO AS TO DEFINE "EXPERT WITNESS" IN A WORKERS' COMPENSATION CLAIM, TO PROVIDE THAT THE BURDEN OF PROOF IS ON THE CLAIMANT, AND TO PROVIDE THAT CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN BY EXPERT WITNESS TESTIMONY; TO AMEND SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO ELIMINATE THE PRESUMPTION OF TOTAL DISABILITY IN CASES WHERE THERE IS FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK; TO AMEND SECTION 42-15-95, AS AMENDED, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION" AND "REHABILITATION PROFESSIONAL", AND TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM; AND TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO AN EMPLOYER REQUESTING A HEARING BE HELD TO DETERMINE TERMINATION OF TEMPORARY DISABILITY PAYMENTS, SO AS TO PROVIDE IF AN EMPLOYEE HAS RECEIVED TEMPORARY DISABILITY PAYMENTS FOR AT LEAST ONE YEAR, THE EMPLOYEE IS PRESUMED TO HAVE REACHED MAXIMUM MEDICAL IMPROVEMENT, AND THE EMPLOYER MAY REQUEST A HEARING TO DETERMINE A PERMANENT DISABILITY AWARD, AND TO PROVIDE THAT THE HEARING MUST BE HELD WITHIN SIXTY DAYS OF THE DATE THE EMPLOYER REQUESTED A HEARING.
Referred to Committee on Labor, Commerce and Industry

H. 4218 (Word version) -- Rep. Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO REPEAL SECTION 19-11-20 RELATING TO THE "DEAD MAN'S STATUTE".
Referred to Committee on Judiciary

H. 4219 (Word version) -- Rep. McLeod: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR THE LICENSING OF PROMOTERS OF RECREATIONAL VEHICLE SHOWS WHOSE PURPOSE IS THE SALE OF NEW RECREATIONAL VEHICLES, MANUFACTURERS OF RECREATIONAL VEHICLES WHO MAY DISPLAY AND SELL THE VEHICLES IN PROMOTIONAL AREAS, AND RECREATIONAL VEHICLE DEALERS WHO ARE ALLOWED TO TRANSPORT NEW VEHICLES INTO AN AREA OF PROMOTION FOR THE PURPOSE OF DISPLAY AND SALE.
Referred to Committee on Education and Public Works

H. 4220 (Word version) -- Rep. Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-155 SO AS TO PROVIDE THAT A LIFE JACKET, PLASTIC OR RUBBER RAFT OR RAFT OF SIMILAR MATERIAL, SEAT CUSHION, OR A PERSONAL FLOTATION DEVICE OR TOY BEING USED IN AN AREA NORMALLY USED FOR LAWFUL SWIMMING IS NOT WATERCRAFT OR MARINE EQUIPMENT FOR PURPOSES OF CERTAIN PROVISIONS OF LAW REGULATING WATERCRAFT OR MARINE EQUIPMENT.
Referred to Committee on Judiciary

H. 4221 (Word version) -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-35 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN GEORGETOWN COUNTY IN CERTAIN PORTIONS OF MURRELL'S INLET CREEK WITHIN ONE HUNDRED YARDS OF A RESIDENCE OR BUSINESS.
On motion of Rep. MILLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following was introduced:

H. 4222 (Word version) -- Reps. Pinson, Battle, Chalk, Chellis, Coleman, Delleney, Harrison, Limehouse, Rivers, Scarborough, Vick and Viers: A CONCURRENT RESOLUTION TO PROUDLY HONOR BRIGADIER GENERAL J. EMORY MACE, USA (RETIRED), COMMANDANT OF CADETS OF THE CITADEL, UPON THE OCCASION OF HIS RETIREMENT AND TO RECOGNIZE THE CONTRIBUTIONS HE HAS MADE TO THIS FINE MILITARY INSTITUTION.

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

The following was introduced:

H. 4223 (Word version) -- Reps. Pinson, Battle, Chalk, Chellis, Coleman, Delleney, Harrison, Limehouse, Rivers, Scarborough, Vick and Viers: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MAJOR GENERAL JOHN SOUTHY GRINALDS, USMC (RETIRED), FOR HIS DISTINGUISHED SERVICE AS PRESIDENT OF THE CITADEL AS HE RETIRES FROM THIS POSITION, AND TO WISH HIM GREAT SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3:

H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, M. A. Pitts, Taylor, Umphlett, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates and Leach: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.
Rep. WHITE proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11869AC05):
Amend the bill, as and if amended, by deleting SECTION 1 of the bill in its entirety and inserting:
/SECTION   1.   Article 3, Chapter 53, Title 44 of the 1976 Code, is amended by adding:

"Section 44-53-398.   (A)   Products whose sole active ingredient is ephedrine or pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent.

(B)   No person may deliver in any single over the counter sale more than three packages of any product containing ephedrine or pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of ephedrine or pseudoephedrine base.

(C)   It is unlawful for a retail distributor to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor registered by the United States Drug Enforcement Administration.

(D)   Except as authorized by this section, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute, any substance containing any amount of ephedrine, pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, dissolved, solvated, or crushed. This subsection does not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose as directed by a person licensed under Title 40 and authorized to prescribe legend drugs.

(E)   This section does not apply to:

(1)   pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under twelve years of age according to label instructions; and

(2)   products that the Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors.

(F)   This section preempts all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006 this section preempts all local ordinances.

(G)(1)   Except as otherwise provided in this section, it is unlawful for a person knowingly to violate any prohibition contained in subsection (A), (B), (C), or (D).

(2)   A person convicted of a violation of subsection (A) or (B) is guilty of a misdemeanor and, upon conviction for a first offense must be fined not more than five hundred dollars, and, upon conviction for a second or subsequent offense must be imprisoned not more than six months or fined not more than one thousand dollars, or both. If a retail distributor is accused of a violation of subsection (B), proof that the retail distributor has engaged a methamphetamine awareness or education program in the store is prima facie evidence that the store has complied with the provisions of this section.

(3)   A person convicted of a violation of subsection (C), upon conviction for a first offense, is guilty of a misdemeanor and must be imprisoned not more than one year or fined not more than one thousand dollars, or both. Upon conviction for a second or subsequent offense, is guilty of a misdemeanor and must be imprisoned not more than three years or fined not more than five thousand dollars, or both.

(4)   A person convicted of a violation of subsection (D) is guilty of a felony and, upon conviction for a first offense must be imprisoned not more than five years and fined not more than five thousand dollars. The court, upon approval from the solicitor, may request as part of the sentence, that the offender enter and successfully complete a drug treatment program. For a second or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not less than ten thousand dollars."/
Renumber sections to conform.
Amend title to conform.

Rep. BRADY spoke against the amendment.

Reps. LOFTIS, DUNCAN, EDGE, DAVENPORT, HAMILTON, G. R. SMITH, ALTMAN, M. A. PITTS, D. C. SMITH, WITHERSPOON, CHELLIS, KENNEDY, RUTHERFORD and ANTHONY requested debate on the Bill.

The following Bill was taken up:

S. 384 (Word version) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Rep. TALLEY proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6578CM05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   This act may be cited as the "Youth Access to Tobacco Prevention Act of 2005".
SECTION   2.   Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:

"Section 16-17-500.   (A)   It shall be is unlawful for any person an individual to sell, furnish, give, distribute, purchase for, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore tobacco product. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall be punished as follows:

(1)   for a first offense by a fine not exceeding twenty-five dollars;

(2)   for a second offense, by a fine not exceeding fifty dollars; and

(3)   for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.

One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.

(B)   Tobacco products may be accessible only in vending machines located in an establishment:

(1)   which is open only to individuals who are eighteen years of age or older; or

(2)   where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed. Vending machines that distribute tobacco products in establishments must meet the requirements of this subsection within one hundred twenty days after the effective date of this subsection or the machines must be removed.

(C)(1)   It is unlawful to sell a tobacco product to an individual who does not present upon demand proper proof of age. Failure to require identification to verify an individual's age is evidence of the knowing and intentional violation of this subsection unless the individual selling the tobacco product knows the individual is at least eighteen years of age. Proof that is demanded, is shown, and reasonably is relied upon for the individual's proof of age is a defense to an action initiated pursuant to this subsection.

(2)   This subsection does not apply to mail order sales.

(D)(1)   It is unlawful for an individual less than eighteen years of age to purchase, accept receipt of, or possess or attempt to purchase, attempt to accept receipt of, or attempt to possess a tobacco product or to present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing a tobacco product.

(2)   This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.

(E)(1)   An individual who intentionally or knowingly violates a provision of this section in person, by agent, or in any other way is guilty of a misdemeanor and, upon conviction, must be:

(a)   for a first offense, fined not less than one hundred dollars;

(b)   for a second offense, which occurs within three years of the first offense, fined not less than two hundred dollars;

(c)   for a third or subsequent offense, which occurs within three years of the first offense, fined not less than three hundred dollars.

(2)   The fine must be paid to the municipal clerk of court or magistrate, as appropriate, and deposited with the city or county treasurer, as appropriate. The city or county treasurer, as appropriate, shall remit fifty percent of the fine to the State Treasurer. The State Treasurer shall deposit the fine received to the Department of Health and Environmental Control to be used for the department's Youth Smoking Prevention Plan.

(F)   A violation of a provision of this section is triable exclusively in either municipal or magistrate's court.

(G)(1)   In lieu of the penalties contained in subsection (E), a court may require an individual who is less than eighteen years of age who illegally purchases, accepts receipt of, or possesses or attempts to purchase, attempts to accept receipt of, or attempts to possess a tobacco product to perform not less than twenty hours of community service for a first offense and not less than forty hours of community service for a second or subsequent offense.

(2)   If the individual successfully completes a Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, the court shall reduce the hours of community service, or the fine, by fifty percent.

(H)   An individual who is less than eighteen years of age and who has been convicted of violating a provision of this section may request to have his record expunged upon becoming eighteen years of age. If the individual has paid any fine imposed upon him or successfully completed any court-ordered community service and Department of Health and Environmental Control approved smoking cessation or tobacco prevention program, the individual's record must be expunged.

(I)   A violation of this section is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program including, but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.

(J)   Notwithstanding any other provision of law, a violation of this section does not violate the terms and conditions of an establishment's beer and wine permit and is not grounds for revocation or suspension of a beer and wine permit."
SECTION   3.   Section 16-17-501(2) of the 1976 Code, as added by act 445 of 1996, is amended to read:

"(2)   'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older identification card issued by this State or a United States Armed Services identification card."
SECTION   4.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   5.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of 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 this act, the General Assembly hereby declaring that it would have passed this Act, and each and every 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 hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   6.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. TALLEY 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. TALLEY, with unanimous consent, it was ordered that S. 384 (Word version) be read the third time tomorrow.

The following Bill was taken up:

S. 236 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD AND SUBMITTING A FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, OR USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.

Reps. VAUGHN, OWENS, HAMILTON, J. BROWN, G. R. SMITH, LOFTIS, J. R. SMITH, LEACH, DAVENPORT, SKELTON, HIOTT, RHOAD and MACK requested debate on the Bill.

The following Bill was taken up:

S. 610 (Word version) -- Senators Fair, Campsen, O'Dell, Scott, Bryant, Cleary, Rankin, Williams, Thomas, Hayes and Cromer: A BILL TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES THAT INDICATE THAT A PERSON HAS COMPLETED SUCCESSFULLY CERTAIN LAW ENFORCEMENT TRAINING, SO AS TO DELETE THE PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS CLASS II-SCO (DEPARTMENT OF CORRECTIONS) IN ANY COUNTY WITH A PRISON SYSTEM THAT BORDERS ANOTHER STATE TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES, AND TO REPLACE IT WITH A PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS STATE OR LOCAL CORRECTIONAL OFFICERS TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6565CM05), which was adopted:
Amend the bill, as and if amended, Section 23-6-440(B)(5)(b), as contained in SECTION 1, page 1, by inserting / state / after / current / on line 34.
As amended Section 23-6-440(B)(5)(b) shall read:
/(b)   evidence satisfactory to the director that the candidate holds a valid current State South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections) in any county with a prison system that borders another state or local correctional officers may hold a valid current driver's license issued by any jurisdiction of the United States; /
Renumber sections to conform.
Amend title to conform.

Rep. TOWNSEND 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. TOWNSEND, with unanimous consent, it was ordered that S. 610 (Word version) be read the third time tomorrow.

The following Bill was taken up:

S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO REPEAL SECTION 56-2-2740, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR "DRIVER", AND "PERSON"; TO ADD SECTION 56-5-820 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A LOW SPEED VEHICLE IN VIOLATION OF THE PROVISIONS THAT REGULATE THE OPERATION OF THESE VEHICLES, AND TO PROVIDE A PENALTY; AND TO ADD SECTION 56-1-405 SO AS TO RECODIFY THE PROVISION THAT RELATES TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS.

Reps. VAUGHN, OWENS, LEACH, G. R. SMITH, LOFTIS, HAMILTON, HIOTT, DAVENPORT, D. C. SMITH and J. R. SMITH requested debate on the Bill.

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

H. 4156 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO REPEAL OF DUPLICATIVE REGULATIONS INCLUDED IN THE NURSE PRACTICE ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 4157 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

S. 352 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54 MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Rep. BOWERS explained the Bill.

On motion of Rep. PARKS, with unanimous consent, it was ordered that H. 4156 (Word version) be read the third time tomorrow.

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 4157 (Word version) be read the third time tomorrow.

On motion of Rep. BOWERS, with unanimous consent, it was ordered that S. 352 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3630 (Word version) -- Reps. Whipper, Martin, J. H. Neal, Govan, Anderson, Bales, Barfield, Breeland, G. Brown, J. Brown, Clyburn, Davenport, Hardwick, M. Hines, Jefferson, Lee, Mack, Moody-Lawrence, Rutherford and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-25 SO AS TO REQUIRE A HOSPITAL TO GIVE PATIENTS BEING DISCHARGED FROM THE EMERGENCY ROOM, THE OPTION OF RECEIVING AT LEAST A TWENTY-FOUR HOUR SUPPLY OF ANY MEDICATIONS BEING PRESCRIBED.

Rep. WHIPPER proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10936MM05):
Amend the bill, as and if amended, Section 44-7-25 as found in SECTION 1, page 1, line 28, by adding after /medication/ the words/ , at the patient's expense /
Renumber sections to conform.
Amend title to conform.

Rep. WHIPPER explained the amendment.

Reps. G. M. SMITH, WHITE, M. A. PITTS, WITHERSPOON, DAVENPORT, HIOTT, WHIPPER, J. BROWN, SANDIFER, G. R. SMITH and R. BROWN requested debate on the Bill.

The following Bill was taken up:

S. 347 (Word version) -- Senators Lourie, Jackson, Mescher, Ford, Knotts, Cleary, Scott, Short, Patterson, Land, Cromer, Elliott, Ryberg, Grooms and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-210 SO AS TO MAKE IT A CRIME TO DEFACE, VANDALIZE, TAMPER WITH, OR REMOVE A POLITICAL CAMPAIGN SIGN, TO PROVIDE AN EXEMPTION, AND TO PROVIDE A PENALTY FOR VIOLATION.

Rep. HARRISON explained the Bill.

Reps. MAHAFFEY and LOFTIS requested debate on the Bill.

The Bill was read second time and ordered to third reading.

Rep. HUGGINS withdrew his request for debate on S. 348 (Word version); however, other requests for debate remained on the Bill.

Rep. TRIPP asked unanimous consent to recall H. 4054 (Word version) from the Committee on Ways and Means.
Rep. SCOTT objected.

Rep. G. M. SMITH asked unanimous consent to recall S. 293 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.

Rep. COTTY asked unanimous consent to recall S. 489 (Word version) from the Committee on Ways and Means.
Rep. SCOTT objected.

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

S. 654 (Word version) -- Senators Campsen, Peeler, Drummond, O'Dell, Knotts, Verdin, McGill, Cromer, Bryant, Mescher, Hawkins, Scott, Elliott and Fair: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION THAT A PERSON MUST COMPLETE WHEN HE PURCHASES A PISTOL AND CERTAIN RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO COMPLETE THE APPLICATION, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, CONDITIONS PLACED ON, AND FORFEITURE OF A FIREARMS RETAIL DEALER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A RECORD TO BE MADE OF EVERY PISTOL SOLD ON A FIREARM TRANSACTION RECORD FORM, TO DELETE THE PROVISION THAT REQUIRES A DEALER TO MAKE AVAILABLE FOR INSPECTION BY THE STATE LAW ENFORCEMENT DIVISION ALL RECORDS HE IS REQUIRED TO MAINTAIN, AND TO DELETE THE PROVISION THAT PENALIZES A LICENSED DEALER FOR GIVING FALSE INFORMATION ON AN APPLICATION FOR PURCHASE OR TRANSFER OF A FIREARM.

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

S. 659 (Word version) -- Senators Campsen, Scott, Alexander, Ryberg, J. V. Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT.

On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 210 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-185, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE LATE PAYMENT PENALTIES ON PROPERTY TAXES WHEN THE TAXPAYER APPLIES IN WRITING TO THE TREASURER FOR THE WAIVER AND INCLUDES DOCUMENTATION IN THE APPLICATION SUFFICIENT FOR THE TREASURER TO CONCLUDE THAT THE TAXPAYER MADE TIMELY PAYMENT AND TO PROVIDE THAT ALLOWING THE WAIVER IS WITHIN THE SOLE DISCRETION OF THE COUNTY TREASURER AND IS NOT SUBJECT TO APPEAL.

On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535 OF THE 1976 CODE, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.

On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 671 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3575 SO AS TO ALLOW A TAX CREDIT OF FIFTY PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO AN INDIVIDUAL POLICY FOR HEALTH INSURANCE COVERAGE, UP TO THREE THOUSAND DOLLARS FOR EACH TAXABLE YEAR FOR EACH COVERED INDIVIDUAL, AND TO PROHIBIT A DOUBLE BENEFIT.

Rep. HAGOOD asked unanimous consent to recall S. 13 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.

On motion of Rep. COBB-HUNTER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.

The Veto on the following Act was taken up:

(R73) H. 3716 -- Ways and Means Committee: AN ACT 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.

The motion of Rep. KENNEDY to reconsider the vote whereby Veto No. 14 was sustained was taken up and agreed to by a division vote of 51 to 29.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Ballentine
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Ceips                  Chalk                  Clark
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Emory
Funderburk             Govan                  Haley
Hamilton               Harrell                Haskins
J. Hines               M. Hines               Hiott
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Littlejohn
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Phillips               Pinson                 Rhoad
Sandifer               Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
Toole                  Townsend               Vick
Viers                  Walker                 Weeks
Whipper                Wilkins                Witherspoon

Those who voted in the negative are:

Bailey                 Barfield               Cato
Chellis                Clemmons               Coates
Dantzler               Davenport              Delleney
Duncan                 Edge                   Hagood
Hinson                 Limehouse              Loftis
Mahaffey               Norman                 Owens
E. H. Pitts            M. A. Pitts            Rice
Scarborough            G. R. Smith            Talley
Taylor                 Tripp                  Umphlett
Vaughn                 White                  Young

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The motion of Rep. KENNEDY to reconsider the vote whereby Veto No. 15 was sustained was taken up and agreed to by a division vote of 58 to 25.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Ceips
Chalk                  Clark                  Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Emory
Funderburk             Govan                  Hamilton
Harrell                Harrison               Haskins
J. Hines               M. Hines               Hiott
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Littlejohn
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Phillips               Pinson                 Rhoad
Sandifer               Scott                  Sinclair
Skelton                D. C. Smith            J. E. Smith
J. R. Smith            Toole                  Townsend
Vick                   Viers                  Walker
Weeks                  Whipper                Whitmire
Wilkins                Witherspoon

Those who voted in the negative are:

Bailey                 Ballentine             Barfield
Cato                   Chellis                Clemmons
Delleney               Duncan                 Edge
Hagood                 Haley                  Hinson
Limehouse              Loftis                 Mahaffey
Norman                 Owens                  E. H. Pitts
M. A. Pitts            Rice                   Scarborough
Simrill                G. M. Smith            G. R. Smith
Talley                 Taylor                 Umphlett
Vaughn                 White                  Young

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The motion of Rep. KENNEDY to reconsider the vote whereby Veto No. 16 was sustained was taken up and agreed to by a division vote of 60 to 23.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Barfield
Battle                 Bingham                Bowers
Brady                  Branham                G. Brown
J. Brown               R. Brown               Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Emory                  Funderburk
Govan                  Hamilton               Harrell
Haskins                J. Hines               M. Hines
Hiott                  Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Leach                  Littlejohn
Lucas                  Mack                   Martin
McCraw                 McGee                  Miller
J. M. Neal             Neilson                Ott
Parks                  Phillips               Rhoad
Sandifer               Scott                  Sinclair
Skelton                D. C. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Toole
Townsend               Vick                   Viers
Weeks                  Whipper                Whitmire
Wilkins                Witherspoon

Those who voted in the negative are:

Bailey                 Ballentine             Cato
Coates                 Delleney               Duncan
Edge                   Hagood                 Haley
Hinson                 Kirsh                  Limehouse
Loftis                 Mahaffey               Norman
Owens                  E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Simrill
G. M. Smith            Stewart                Talley
Taylor                 Umphlett               Vaughn
White                  Young

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The motion of Rep. WITHERSPOON to reconsider the vote whereby Veto No. 23 was sustained was taken up and agreed to by a division vote of 56 to 33.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Barfield               Battle                 Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Davenport
Emory                  Funderburk             Govan
Hamilton               Harrell                Haskins
J. Hines               M. Hines               Hosey
Howard                 Jefferson              Jennings
Kennedy                Leach                  Loftis
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Phillips               Pinson                 Rhoad
Rice                   Sandifer               Scott
Sinclair               Skelton                G. R. Smith
J. E. Smith            J. R. Smith            Taylor
Townsend               Vaughn                 Vick
Weeks                  Whipper                Whitmire
Wilkins                Witherspoon

Those who voted in the negative are:

Bailey                 Ballentine             Bingham
Chellis                Clark                  Delleney
Duncan                 Edge                   Frye
Hagood                 Haley                  Hinson
Hiott                  Kirsh                  Limehouse
Littlejohn             Lucas                  Norman
M. A. Pitts            Scarborough            Simrill
D. C. Smith            G. M. Smith            Stewart
Talley                 Toole                  Tripp
Viers                  Walker                 White

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The motion of Rep. COTTY to reconsider the vote whereby Veto No. 46 was sustained was taken up.

Rep. COOPER moved to table the motion to reconsider, which was agreed to.

The motion of Rep. LEACH to reconsider the vote whereby Veto No. 51 was overridden was taken up and agreed to by a division vote of 48 to 41.

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

Those who voted in the affirmative are:

Battle                 Clemmons               Edge
Kennedy                McLeod                 Miller
Whipper

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Ballentine             Barfield               Bingham
Bowers                 Brady                  Branham
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Delleney               Duncan
Emory                  Frye                   Funderburk
Govan                  Hagood                 Haley
Hamilton               Harrell                Harrison
Haskins                J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

The motion of Rep. BALLENTINE to reconsider the vote whereby Veto No. 44 was sustained was taken up.

Rep. COOPER moved to table the motion to reconsider, which was agreed to.

The motion of Rep. HARRELL to reconsider the vote whereby Veto No. 81 was sustained was taken up and agreed to.

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

Those who voted in the affirmative are:

Allen                  Anderson               Barfield
Battle                 Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Davenport              Delleney
Emory                  Funderburk             Govan
Hamilton               Harrell                Haskins
J. Hines               M. Hines               Hosey
Howard                 Jefferson              Jennings
Kennedy                Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Phillips               Pinson                 Rhoad
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
J. E. Smith            J. R. Smith            Townsend
Vaughn                 Vick                   Whipper
Whitmire               Wilkins                Witherspoon

Those who voted in the negative are:

Agnew                  Bailey                 Ballentine
Bingham                Chellis                Duncan
Edge                   Frye                   Hagood
Haley                  Hinson                 Hiott
Huggins                Kirsh                  Mahaffey
Merrill                Norman                 E. H. Pitts
M. A. Pitts            Rice                   D. C. Smith
G. M. Smith            G. R. Smith            Stewart
Talley                 Taylor                 Toole
Tripp                  Umphlett               Viers
Walker                 Weeks                  White
Young

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The motion of Rep. SCOTT to reconsider the vote whereby Veto No. 105 was sustained was taken up and agreed to by a division vote of 57 to 32.

Rep. HARRELL explained the Veto.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bailey                 Barfield               Battle
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Ceips                  Chalk                  Chellis
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Davenport              Edge
Emory                  Funderburk             Govan
Hamilton               Harrell                Haskins
J. Hines               M. Hines               Hosey
Howard                 Jefferson              Jennings
Kennedy                Leach                  Littlejohn
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Miller                 J. H. Neal             Neilson
Ott                    Owens                  Parks
Phillips               Pinson                 Rhoad
Sandifer               Scott                  Simrill
Sinclair               Skelton                G. M. Smith
J. E. Smith            J. R. Smith            Taylor
Townsend               Vick                   Viers
Weeks                  Whipper                Whitmire
Wilkins                Young

Those who voted in the negative are:

Ballentine             Bingham                Cato
Clark                  Dantzler               Delleney
Duncan                 Frye                   Hagood
Haley                  Hinson                 Huggins
Kirsh                  Mahaffey               Merrill
Norman                 E. H. Pitts            M. A. Pitts
Rice                   Scarborough            D. C. Smith
G. R. Smith            Stewart                Talley
Toole                  Tripp                  Umphlett
Walker                 White                  Witherspoon

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The motion of Rep. J. E. SMITH to reconsider the vote whereby Veto No. 119 was sustained was taken up.

Rep. J. E. SMITH moved to table the motion to reconsider, which was agreed to.

The motion of Rep. PINSON to reconsider the vote whereby Veto No. 141 was sustained was taken up and agreed to.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bailey                 Bales                  Barfield
Battle                 Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Davenport              Delleney
Duncan                 Edge                   Emory
Funderburk             Govan                  Hamilton
Harrell                Harrison               Haskins
J. Hines               M. Hines               Hinson
Hiott                  Hosey                  Howard
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Littlejohn
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Phillips               Pinson                 Rhoad
Rice                   Sandifer               Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. E. Smith
J. R. Smith            Taylor                 Townsend
Umphlett               Vick                   Viers
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Ballentine             Bingham                Hagood
Haley                  Limehouse              Loftis
Norman                 Scarborough            Stewart
Talley                 Tripp                  Vaughn

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The motion of Rep. WHITE to reconsider the vote whereby Veto No. 148 was sustained was taken up and agreed to.

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

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bailey                 Bales                  Barfield
Battle                 Bowers                 Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Delleney               Duncan
Edge                   Emory                  Funderburk
Govan                  Hamilton               Harrell
Haskins                J. Hines               Hinson
Hiott                  Hosey                  Howard
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Phillips               Pinson                 M. A. Pitts
Rhoad                  Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            Taylor
Townsend               Umphlett               Vick
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Ballentine             Bingham                Hagood
Haley                  Norman                 Stewart
Talley                 Tripp                  Vaughn

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

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

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.

Rep. HARRELL moved to adjourn debate upon the Senate Amendments until Tuesday, May 31, which was agreed to.

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

H. 3244 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.

Rep. TALLEY explained the Senate Amendments.

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

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

H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.

Rep. HARRISON explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

The following House Resolution was taken up:

H. 4215 (Word version) -- Reps. Wilkins, Merrill and Ott: A HOUSE RESOLUTION TO PROVIDE FOR THE MANNER IN WHICH THE HOUSE OF REPRESENTATIVES SHALL ELECT PERSONS TO FILL VACANCIES IN THE OFFICES OF THE HOUSE OF REPRESENTATIVES DURING THE 2005 REGULAR OR EXTENDED SESSION OF THE GENERAL ASSEMBLY.

Rep. TRIPP moved to adjourn debate on the Resolution until Tuesday, May 31, which was agreed to by a division vote of 41 to 38.

The following Concurrent Resolution was taken up:

S. 553 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO ENACT NO INCREASES IN PAYROLL TAXES, NO CUTS TO SOCIAL SECURITY BENEFITS, AND OPTIONAL SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.

Rep. OTT moved to adjourn debate on the Resolution until Tuesday, May 31, which was agreed to.

The following Concurrent Resolution was taken up:

S. 860 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE TWO TOWERS OF THE NEW ARTHUR RAVENEL BRIDGE IN CHARLESTON AS THE "JOHN P. GRACE TOWER" AND THE "SILAS N. PEARMAN TOWER" RESPECTIVELY IN HONOR OF THE MEN FOR WHOM THE TWO OLD BRIDGES THAT WILL BE REPLACED BY THE ARTHUR RAVENEL BRIDGE WERE NAMED AND TO REQUEST THE DEPARTMENT TO ERECT MARKERS OR SIGNS AT THE APPROPRIATE PLACES REFLECTING THIS DESIGNATION.

Rep. COBB-HUNTER moved to adjourn debate on the Resolution until Tuesday, May 31, which was agreed to.

The following Concurrent Resolution was taken up:

S. 878 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES BIG THICKETY CREEK ALONG UNITED STATES HIGHWAY 29 IN CHEROKEE COUNTY THE "CARLISLE GUEST MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARLISLE GUEST MEMORIAL BRIDGE".

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

That the Department of Transportation name the bridge that crosses Big Thickety Creek along United States Highway 29 in Cherokee County the "Carlisle Guest Memorial Bridge" and to erect appropriate markers or signs at this bridge that contain the words "Carlisle Guest Memorial Bridge".

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.

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

The following was introduced:

H. 4224 (Word version) -- Reps. Skelton, 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, Scott, Simrill, Sinclair, 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 RECOGNIZE AND CONGRATULATE GARY BARNES, AN OUTSTANDING CITIZEN OF SOUTH CAROLINA, FOR HIS HARD WORK AND DEDICATION IN HIS LIFE, BOTH ON AND OFF THE FIELD OF SPORTS, AND UPON BEING INDUCTED INTO THE SOUTH CAROLINA ATHLETIC HALL OF FAME ON MAY 5, 2005.

The Resolution was adopted.

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

H. 4225 (Word version) -- Reps. J. H. Neal and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-65 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO INTENTIONALLY ABANDON A DOG ON PUBLIC OR CERTAIN PRIVATE PROPERTY OR FAILS TO REPORT THE DOG AS LOST TO A LOCAL LAW ENFORCEMENT AGENCY.
Referred to Committee on Judiciary

H. 4226 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-65 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO ABANDON A DOG ON PUBLIC OR CERTAIN PRIVATE PROPERTY.
Referred to Committee on Judiciary

H. 4227 (Word version) -- Reps. J. H. Neal and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-5 SO AS TO PROVIDE THAT THE STATE, A COUNTY, OR A MUNICIPALITY WITHIN THIS STATE MAY NOT AUTHORIZE THE CONSTRUCTION OR ESTABLISHMENT OF A PRIVATE CORRECTIONAL FACILITY IN THIS STATE OR CONTRACT WITH A PRIVATE CONTRACTOR OR PRIVATE VENDOR FOR THE PROVISION OF SERVICES RELATED TO THE OPERATION OF AN ADULT OR JUVENILE CORRECTIONAL FACILITY IN THIS STATE, AND TO PROHIBIT CERTAIN ACTIONS RELATING TO THE PRIVATIZATION OF ADULT OR JUVENILE CORRECTIONAL FACILITIES IN THIS STATE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4228 (Word version) -- Reps. J. H. Neal and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 7, TITLE 6 SO AS TO ENACT THE SOUTH CAROLINA INCLUSIONARY ZONING ACT TO PROVIDE THAT COUNTIES AND MUNICIPALITIES ARE EMPOWERED TO USE INCLUSIONARY ZONING STRATEGIES TO EXPAND THE AVAILABILITY OF AFFORDABLE HOUSING.
Referred to Committee on Judiciary

H. 4229 (Word version) -- Reps. J. H. Neal, Clyburn and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-456 SO AS TO PROVIDE THAT AN EMPLOYEE MAY BE GRANTED BY HIS EMPLOYER A SPECIFIED AMOUNT OF ADDITIONAL PAID LEAVE EACH YEAR FOR THE PURPOSE OF ATTENDING CERTAIN ELEMENTARY AND SECONDARY SCHOOL CONFERENCES OR ACTIVITIES DURING THE EMPLOYEE'S WORK HOURS, OR TO ENGAGE IN CERTAIN VOLUNTEER TEACHING ACTIVITIES IN SUCH SCHOOLS, TO PROVIDE THAT THE EMPLOYERS OF THESE EMPLOYEES ARE ENTITLED TO A SPECIFIED STATE INCOME TAX DEDUCTION FOR THESE ACTIVITIES, AND TO PROVIDE THE PROCEDURES NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Referred to Committee on Ways and Means

H. 4230 (Word version) -- Reps. J. H. Neal, Cobb-Hunter, Hosey, Martin and Rutherford: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS.
Referred to Committee on Labor, Commerce and Industry

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

Rep. WILKINS moved to reconsider the vote whereby the House non-concurred in the Senate Amendments to H. 4159 (Word version) and the motion was noted.

At 2:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R111, S. 47 (Word version)) -- Senators Cromer, Elliott, Fair, Ford and Ritchie: AN ACT TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE WITH CERTAIN MINORS CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED, AND TO ADD THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE IF THE PERSON ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE AND THE PERSON HAS A PREVIOUS CONVICTION FOR WHICH HE IS REQUIRED TO BE REGISTERED ON THE SEX OFFENDER REGISTRY; BY ADDING SECTION 23-3-465 SO AS TO PROVIDE THAT A PERSON REQUIRED TO BE REGISTERED ON THE SEX OFFENDER REGISTRY IS PROHIBITED FROM LIVING IN CAMPUS STUDENT HOUSING AT A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE.

(R112, S. 75 (Word version)) -- Senators Knotts, Hutto, O'Dell, Alexander, Cromer and Ford: AN ACT TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO A LAW ENFORCEMENT OFFICER RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.

(R113, S. 97 (Word version)) -- Senators Land, Elliott and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; AND BY ADDING SECTION 37-1-130 SO AS TO PROVIDE THAT THE AMENDED TAX INCREMENT FINANCING ACT FOR COUNTIES DOES NOT RELIEVE A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER FROM LAWS REGULATING SUCH PROVIDERS; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE AREAS, INCLUDING RURAL AREAS, AND ADD ADDITIONAL ELEMENTS TO REDEVELOPMENT PROJECTS NECESSARY TO ASSIST THESE ADDITIONAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT; TO AMEND SECTIONS 5-37-40 AND 5-37-50, RELATING TO IMPROVEMENT DISTRICTS AND THE MEANS OF ADOPTING IMPROVEMENT PLANS FOR PURPOSES OF THE MUNICIPAL IMPROVEMENT ACT OF 1999, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY BE INCLUDED IN SUCH DISTRICTS AND TO INCORPORATE THESE REVISIONS IN THE RESOLUTION REQUIRED TO ESTABLISH SUCH DISTRICTS, AND TO AMEND SECTIONS 31-6-20, 31-6-30, AS AMENDED, AND 31-6-80, AS AMENDED, RELATING TO FINDINGS, DEFINITIONS, AND PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS FOR PURPOSES OF THE TAX INCREMENT FINANCING LAW, SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY WITHIN A MUNICIPALITY AVAILABLE FOR REDEVELOPMENT; TO AMEND APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE AREAS, INCLUDING AGRICULTURAL AREAS AND ADD ADDITIONAL ELEMENTS TO REDEVELOPMENT PROJECTS NECESSARY TO ASSIST THESE ADDITIONAL AREAS, AND TO REVISE THE FINDINGS REQUIRED IN THE IMPLEMENTING ORDINANCE.

(R114, S. 204 (Word version)) -- Senator J. V. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED OR MULTI-HANDICAPPED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.

(R115, S. 268 (Word version)) -- Senators Peeler and Cleary: AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE 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 OPTOMETRISTS, AND AMONG OTHER THINGS, TO ESTABLISH LICENSURE BY ENDORSEMENT AND TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS AND TO PROVIDE TRANSITION PROVISIONS.

(R116, S. 321 (Word version)) -- Senators Moore and Martin: AN ACT TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-90 SO AS TO PROVIDE FOR A ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS AFFAIRS TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF SPECIFIED PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN OPERATIONS OR CONFLICTS AND AN ORDER OF BATTLE INCLUDING SOUTH CAROLINA UNITS PARTICIPATING IN THE OPERATIONS OR CONFLICTS; AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993 RELATING TO PUBLICATION AND DISTRIBUTION OF OTHER MILITARY ROSTERS.

(R117, S. 365 (Word version)) -- Senators Leatherman and Knotts: AN ACT TO AMEND SECTION 11-35-3030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY FOR CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT PURSUANT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO REDUCE THE MAXIMUM RETENTION AMOUNT FOR EACH INSTALLMENT PENDING COMPLETION OF THE PROJECT FROM FIVE PERCENT TO THREE AND ONE-HALF PERCENT.

(R118, S. 557 (Word version)) -- Senator Richardson: AN ACT TO AMEND SECTION 42-1-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS OF PRISONERS IN THE CUSTODY OF THE COUNTY, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS IN CUSTODY OF A MUNICIPALITY AND TO PROVIDE COVERAGE FOR CERTAIN PRISONERS WHEN THE COUNTY OR MUNICIPALITY ELECTS TO COVER ITS PRISONERS; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE AVERAGE WEEKLY WAGE DESIGNATED FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO ADD MUNICIPAL PRISONERS.

(R119, S. 588 (Word version)) -- Senators Martin, Thomas, Bryant, McConnell, Alexander, Hayes and Malloy: AN ACT TO AMEND CHAPTER 1 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005, PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN SECURITIES REGULATION AND INVESTOR PROTECTION INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT ADVISORS AND THEIR REPRESENTATIVES; EXPANDED INVESTIGATORY AND ENFORCEMENT POWERS THROUGH SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE STATE, AND STATE CIVIL AND ADMINISTRATIVE LIABILITY; FACILITATION OF ELECTRONIC FILING; AND INVESTOR EDUCATION; TO AMEND SECTION 31-13-200, RELATING TO HOUSING AND REDEVELOPMENT NOTES AND BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE CONSUMER PROTECTION CODE; SECTION 38-90-440, AS AMENDED, RELATING TO THE STATE REGISTRATION OF A CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL FUND, ALL SO AS TO CONFORM CROSS-REFERENCES TO THE UNIFORM SECURITIES ACT OF 2005.

(R120, S. 607 (Word version)) -- Senators Lourie, J. V. Smith, Anderson, Hayes, Land, Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms, McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott, Thomas and Jackson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONSUMER CREDIT COUNSELING IN THIS STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A TRUST ACCOUNT WITH AT LEAST QUARTERLY ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR TRADE PRACTICES ACT.

(R121, S. 637 (Word version)) -- Senators Jackson, Malloy, J. V. Smith, Matthews, Reese, Short, McGill, Leventis, Williams, Patterson and Pinckney: AN ACT TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM "STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF THESE ORGANIZATIONS THAT PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A LONG TERM BASIS; AND AMONG OTHER THINGS, TO REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE LICENSED AND TO PROVIDE A GRANDFATHER PROVISION FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO USE AN ASSURANCE ORGANIZATION TO CERTIFY THE QUALIFICATIONS OF A PROFESSIONAL EMPLOYER ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE INSURANCE.

(R122, S. 746 (Word version)) -- Senators Matthews and Hutto: AN ACT TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.

(R123, S. 801 (Word version)) -- Senators Matthews, McGill, Leventis, Ritchie, Hutto, Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney, Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL BLUE RIBBON STUDY COMMITTEE TO STUDY THE POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY.

(R124, S. 808 (Word version)) -- Senators Patterson, Courson, Lourie and Jackson: AN ACT 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 AND TO PROVIDE THAT THE TERMS OF THE MEMBERS OF THE COMMISSION APPOINTED BY THE RICHLAND COUNTY LEGISLATIVE DELEGATION EXPIRE ON JUNE 30, 2005.

(R125, H. 3067 (Word version)) -- Reps. J.R. Smith, Clark, Clyburn, Perry, D.C. Smith, Stewart and G.R. Smith: AN ACT TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.

(R126, H. 3235 (Word version)) -- Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey: AN ACT TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO FURTHER PROVIDE FOR THOSE PURPOSES INCLUDING AGRICULTURAL OPERATIONS FOR FOOD PRODUCTION THAT ARE CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES, TO PROVIDE FOR CERTAIN PRIORITIES IN THE ESSENTIAL AND NONESSENTIAL WATER USE CATEGORIES, AND TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO SPECIFIC OTHER TERMS NECESSARY TO IMPLEMENT THIS SECTION.

(R127, H. 3240 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND SECTION 46-40-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS AND USE OF MONIES IN THE GRAIN DEALERS GUARANTY FUND, SO AS TO PROVIDE THAT WHEN ALL MONIES RECEIVED FROM THE INSURANCE RESERVE FUND AND THE STATE GENERAL FUND BY THE GRAIN DEALERS GUARANTY FUND HAVE BEEN REPAID, THE RATE OF ASSESSMENT SHALL DROP FROM TWO CENTS A BUSHEL TO ONE CENT A BUSHEL, AND TO CREATE A COMMITTEE TO STUDY THE GRAIN DEALERS AND GRAIN PRODUCERS GUARANTY FUNDS.

(R128, H. 3410 (Word version)) -- Reps. Harrison and Cotty: AN ACT TO AMEND SECTIONS 33-1-200 AND 33-31-120, AS AMENDED, BOTH RELATING TO THE FILING REQUIREMENTS OF CERTAIN DOCUMENTS, SO AS TO PROVIDE THAT THE DOCUMENT MUST BE IN A MEDIUM AND FORM AS PERMITTED BY THE SECRETARY OF STATE.

(R129, H. 3499 (Word version)) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R. Smith, J.R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H. Pitts, Ballentine, Bowers, Huggins and Hagood: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION, SCHOOL HEALTH SERVICES, AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION, SCHOOL HEALTH SERVICES, AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS; TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS; TO PROVIDE FOR A CERTAIN PHYSICAL EDUCATION TEACHER TO STUDENT RATIO ON A PHASED-IN BASIS; TO PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS; TO PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR; TO PROVIDE FOR THE APPROPRIATION OF FUNDS FOR LICENSED NURSES FOR ELEMENTARY PUBLIC SCHOOLS; TO PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS; TO PROVIDE FOR A COORDINATED SCHOOL HEALTH MODEL AND AN ASSESSMENT PROGRAM FOR SCHOOL HEALTH EDUCATION PROGRAMS; TO PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH; TO PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES; TO PROVIDE FOR A WEEKLY NUTRITION COMPONENT FOR THE HEALTH CURRICULUM; AND TO PROVIDE THAT IMPLEMENTATION IS CONTINGENT UPON THE APPROPRIATION OF FUNDING.

(R130, 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: AN ACT 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.

(R131, H. 3694 (Word version)) -- Reps. Miller, Cotty, Anderson, Vaughn, Clark, Neilson, Altman, Battle, G. Brown, Davenport, Edge, Frye, Hagood, Hamilton, Rivers, Sinclair, D.C. Smith and Wilkins: AN ACT TO ENACT THE GAMBLING CRUISE ACT BY ADDING CHAPTER 11, TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DELEGATE TO COUNTIES AND MUNICIPALITIES OF THIS STATE THE AUTHORITY, CONFERRED TO THIS STATE PURSUANT TO THE JOHNSON ACT, TO PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS THAT DEPART THE TERRITORIAL WATERS OF THIS STATE WITHOUT AN INTERVENING STOP; TO PROVIDE DEFINITIONS APPLICABLE FOR THIS ACT, INCLUDING A DEFINITION FOR "PASSENGER CRUISE LINER", TO WHICH THE DELEGATION OTHERWISE AUTHORIZED BY THIS ACT DOES NOT APPLY; TO ALLOW A COUNTY OR MUNICIPAL PROHIBITORY OR REGULATORY ORDINANCE TO IMPOSE ONLY A CIVIL PENALTY FOR VIOLATIONS AND TO PROVIDE A MAXIMUM CIVIL PENALTY AND TO ALLOW SPECIFICALLY FOR INJUNCTIVE RELIEF AGAINST A VIOLATOR; TO PROVIDE THAT A COUNTY OR MUNICIPALITY PROHIBITORY OR REGULATORY ORDINANCE MUST NOT BE CONSTRUED TO PROHIBIT OR REGULATE GAMBLING DEVICES ON A PASSENGER CRUISE LINER IF NO GAMBLING IS ALLOWED WHILE THAT LINER IS IN THE TERRITORIAL WATERS OF THIS STATE; TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO GAMBLING ACTIVITIES ON UNITED STATES-FLAGGED OR FOREIGN-FLAGGED VESSELS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS ACT MUST NOT BE CONSTRUED TO REPEAL OR MODIFY VARIOUS LAWS OF THIS STATE OR THE UNITED STATES APPLICABLE WITH RESPECT TO GAMBLING, TO AUTHORIZE A COUNTY OR MUNICIPALITY WHERE GAMBLING VESSELS ARE NOT PROHIBITED OR WHERE THE PROHIBITION AUTHORIZED BY THIS ACT CANNOT BE MADE TO APPLY TO ASSESS A TICKET SURCHARGE UP TO TEN PERCENT AND A GROSS PROCEEDS SURCHARGE UP TO FIVE PERCENT OF THE GROSS PROCEEDS, TO PROHIBIT SUCH SURCHARGES IN THE CASE OF PASSENGER CRUISE LINERS, TO REQUIRE GAMBLING VESSELS TO REPORT MONTHLY TO THE SOUTH CAROLINA DEPARTMENT OF REVENUE THE AVERAGE DAILY PERCENTAGE OF WINNINGS TO LOSSES FOR EACH GAMBLING DEVICE, TO PROVIDE FOR A CIVIL PENALTY FOR VIOLATIONS, AND TO REQUIRE THE REPORTING OF THIS DATA; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS, TO ALLOW FOR CONTINUED OPERATION OF GAMBLING VESSELS ALREADY IN OPERATION WHEN A PROHIBITORY ORDINANCE IS ENACTED FOR FIVE YEARS AND PROVIDE FOR THE REGULATION OF GAMBLING VESSELS DURING THIS PERIOD, TO PROVIDE THAT A COUNTY OR MUNICIPAL ORDINANCE PROHIBITING GAMBLING VESSELS ENACTED BEFORE THE EFFECTIVE DATE OF THIS ACT REMAINS IN EFFECT, AND TO PROVIDE A MODEL PROHIBITORY ORDINANCE, TO PROVIDE THAT THE PROVISIONS OF THIS ACT WITH RESPECT TO THE EXCEPTION FOR PASSENGER CRUISE LINERS AND THE REQUIREMENT OF GAMBLING VESSELS IN OPERATION BEFORE A PROHIBITORY ORDINANCE IS ENACTED MAY CONTINUE TO OPERATE FOR FIVE YEARS ARE MUTUALLY DEPENDENT AND NOT SEVERABLE; AND TO PROVIDE FOR SEVERABILITY FOR OTHER PROVISIONS OF THIS ACT.

(R132, H. 3827 (Word version)) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W.D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller and Clemmons: AN ACT TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO PROVIDE THAT A CRITICAL AREA LINE ESTABLISHED BY THE DEPARTMENT ON A SURVEY MEETING CERTAIN REQUIREMENTS EXPIRES AFTER FIVE YEARS, RATHER THAN THREE YEARS; TO PROVIDE AN EXCEPTION TO THE FIVE-YEAR CRITICAL AREA LINE VALIDITY FOR ERODING COASTAL SALTWATER STREAM BANKS WHERE THE LINE IS EXPECTED TO MOVE DUE TO THE MEANDERING OF THE STREAM BEFORE THE FIVE YEAR EXPIRATION PERIOD; AND TO DELETE THE PROVISION THAT A CRITICAL AREA DELINEATION REFERENCED IN A PERMIT ISSUED BY THE DEPARTMENT IS VALID FOR THE TERM OF THE PERMIT.

(R133, H. 3932 (Word version)) -- Reps. Harrell, Wilkins and Chellis: AN ACT TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, AS AMENDED, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.

(R134, H. 4077 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A SIX AND ONE-QUARTER MILL INCREASE IN THE LEVY OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006, AND TO ALLOCATE THE INCREASED REVENUES FOR SCHOOL PURPOSES IN DILLON COUNTY.

(R135, H. 3543 (Word version)) -- Reps. G.M. Smith and Weeks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM IF HE IS CURRENTLY CHARGED WITH CERTAIN OFFENSES, IS SUBJECT TO A RESTRAINING ORDER OR A VALID ORDER OF PROTECTION, IS CURRENTLY ON PAROLE OR PROBATION, OR THE CONSENT OF THE VICTIM HAS NOT BEEN OBTAINED; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE ONLY BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND SECTION 16-3-1535, RELATING TO THE SUMMARY COURT'S DUTY TO NOTIFY A VICTIM OF THE VICTIM'S RIGHTS AND THE VICTIM IMPACT STATEMENT, SO AS TO REQUIRE THE SUMMARY COURT JUDGE TO FORWARD A COPY OF EACH VICTIM'S IMPACT STATEMENT TO THE APPROPRIATE CORRECTIONS AGENCIES; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO PROVIDE PROCEDURES WHEN THE COURT ORDERS A MENTAL HEALTH EVALUATION, TO PROVIDE FOR VICTIM NOTIFICATION IF THE MENTAL HEALTH EVALUATION RESULTS IN THE UNSUPERVISED RELEASE OF THE PERSON CHARGED WITH STALKING OR HARASSMENT, TO PROVIDE THAT A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT REMAINS IN EFFECT FOR A PERIOD OF ONE YEAR AS DETERMINED BY THE COURT, AND TO PROVIDE IF THE PERSON NEEDS A MENTAL HEALTH EVALUATION TO DETERMINE IF HE NEEDS TREATMENT OR COUNSELING AS A CONDITION OF BOND, THE EVALUATION MUST BE SCHEDULED WITHIN TEN DAYS OF THE ORDER; TO AMEND SECTION 17-15-30, RELATING TO CONDITIONS OF RELEASE, SO AS TO REQUIRE THE COURT TO CONSIDER THE ACCUSED'S CRIMINAL RECORD AND ALL INCIDENT REPORTS RELATED TO THE CHARGED OFFENSE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE FROM BEING ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION 16-3-1555 SO AS TO REQUIRE THE PROSECUTING AGENCY TO FORWARD VICTIM IMPACT STATEMENTS WITHIN FIFTEEN DAYS TO THE APPROPRIATE CORRECTIONS AGENCY IN CASES WHEN THE SENTENCE IS MORE THAN NINETY DAYS AND TO PROHIBIT THE RELEASE OF THE VICTIM IMPACT STATEMENTS TO THE DEFENDANT UNTIL HE HAS BEEN FOUND GUILTY; AND TO CREATE A TASK FORCE TO EXAMINE AND DESIGN STATEWIDE STANDARDS FOR MENTAL HEALTH COURTS.

(R136, H. 3578 (Word version)) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: AN ACT TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.

At 2:30 p.m. the House, in accordance with the motion of Rep. WALKER, adjourned in memory of John Floyd Lawrence of Landrum, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Wednesday, June 24, 2009 at 9:56 A.M.