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


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Thursday, April 7, 2005
(Statewide Session)

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 Proverbs 8:14: "Counsel and sound judgment are mine; I have understanding and power."
Let us pray. Almighty God, grant that we may take to heart the need and the struggle of our State to do justice, love mercy and lead our people in the way You expect of these Representatives. By Your guidance we will follow. Look in favor upon our Nation, President, State and her leaders. Hold our defenders of freedom in Your caring arms. In Your Holy name. Amen.

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

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

MOTION ADOPTED

Rep. CEIPS moved that when the House adjourns, it adjourn in memory of William Alpheus "Al" Cook of Beaufort, who was a former staff member of Legislative Council, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Representative Martin in the death of her mother, Ms. Inez Gass.

H. 3152--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., April 6, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3152:


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

Very respectfully,
President

On motion of Rep. HARRELL, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HINSON, MCGEE and BATTLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.


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INTRODUCTION OF BILLS

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

H. 3880 (Word version) -- Reps. Breeland, Lee, Hosey, Anthony and Mack: A BILL TO AMEND SECTION 40-41-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF RETAILERS, SO AS TO PROVIDE THAT THE RECORD REQUIREMENTS APPLY TO ALL RETAILERS SUBJECT TO THE RETAIL LICENSE AND TAX REQUIREMENTS AND WHO SELL NEW OR USED MERCHANDISE, OR BOTH.
Referred to Committee on Labor, Commerce and Industry

H. 3881 (Word version) -- Rep. Hagood: A BILL TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION, INTERGOVERNMENTAL COORDINATION, AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET-BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "UNNECESSARY HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO


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COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.
Referred to Committee on Judiciary

H. 3882 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.
Referred to Committee on Education and Public Works

H. 3883 (Word version) -- Reps. Duncan, Cato, Scarborough and Tripp: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANUFACTURED HOUSING LICENSE, SO AS TO EXEMPT FROM THIS LICENSING REQUIREMENT A LICENSED REAL ESTATE SALESMAN OR LICENSED REAL ESTATE BROKER WHO NEGOTIATES OR ATTEMPTS TO NEGOTIATE THE SALE OR OTHER DISPOSITION OF A USED MANUFACTURED OR MOBILE HOME IN CONJUNCTION WITH THE SALE OR OTHER DISPOSITION OF THE UNDERLYING REAL ESTATE.
Referred to Committee on Labor, Commerce and Industry

H. 3884 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 38-77-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM LIABILITY LIMITS ON AN AUTOMOBILE INSURANCE POLICY, SO AS TO INCREASE THE MINIMUM LIMITS.
Referred to Committee on Labor, Commerce and Industry

H. 3885 (Word version) -- Reps. Hagood, Scarborough, Limehouse, Anderson and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE EITHER AN ADDITIONAL JOBS TAX CREDIT OR AN ADDITIONAL INVESTMENT TAX CREDIT FOR COMPANIES USING STATE PORTS AUTHORITY FACILITIES WHICH INCREASE THEIR BASE PORT CARGO VOLUME AT THESE FACILITIES BY A MINIMUM OF FIVE PERCENT OVER 2005


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TOTALS AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT THESE TAX CREDITS.
Referred to Committee on Ways and Means

S. 689 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2944, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 3886 (Word version) -- Reps. G. M. Smith, G. Brown, Coates, J. H. Neal, Weeks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. VICTOR C. JONES, DIRECTOR OF PUBLIC SAFETY FOR SUMTER COUNTY FOR MORE THAN THIRTY-TWO YEARS, FOR A DISTINGUISHED CAREER OF PUBLIC SERVICE, UPON THE OCCASION OF HIS


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RETIREMENT AND TO EXTEND TO HIM EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 706 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF THEODORE "DOC" HOUGH OF DARLINGTON COUNTY UPON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM GOOD HEALTH AND IMMENSE HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

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

ROLL CALL

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

Agnew                  Allen                  Altman
Anderson               Anthony                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                 Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach

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Lee                    Limehouse              Littlejohn
Loftis                 Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Norman                 Ott
Owens                  Parks                  Perry
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   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
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 7.

James Lucas                       Lewis E. Pinson
Eldridge Emory                    Ted Vick
Olin Phillips                     Bill Cotty
Thad Viers                        Denny Neilson
Jackson "Seth" Whipper            Jerry Govan
Joseph Neal

Total Present--118

LEAVE OF ABSENCE

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

STATEMENTS OF ATTENDANCE

Reps. HARVIN and BAILEY 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, April 6.


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DOCTOR OF THE DAY

Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 3184 (Word version)
Date:   ADD:
04/07/05   G. M. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3184 (Word version)
Date:   ADD:
04/07/05   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 3213 (Word version)
Date:   ADD:
04/07/05   WEEKS


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CO-SPONSOR ADDED

Bill Number:   H. 3213 (Word version)
Date:   ADD:
04/07/05   COATES

CO-SPONSOR ADDED

Bill Number:   H. 3227 (Word version)
Date:   ADD:
04/07/05   ANTHONY

CO-SPONSOR ADDED

Bill Number:   H. 3227 (Word version)
Date:   ADD:
04/07/05   UMPHLETT

CO-SPONSOR ADDED

Bill Number:   H. 3227 (Word version)
Date:   ADD:
04/07/05   PINSON

CO-SPONSOR ADDED

Bill Number:   H. 3499 (Word version)
Date:   ADD:
04/07/05   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3543 (Word version)
Date:   ADD:
04/07/05   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 3591 (Word version)
Date:   ADD:
04/07/05   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 3714 (Word version)
Date:   ADD:
04/07/05   BOWERS


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CO-SPONSOR ADDED

Bill Number:   H. 3885 (Word version)
Date:   ADD:
04/07/05   DANTZLER

CO-SPONSOR ADDED

Bill Number:   H. 3264 (Word version)
Date:   ADD:
04/07/05   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3227 (Word version)
Date:   ADD:
04/07/05   J. E. BROWN

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3862 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 197 OF 1991, AS AMENDED, RELATING TO THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS FROM NINE TO ELEVEN AND TO PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.

ORDERED TO THIRD READING

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

S. 547 (Word version) -- Senator Sheheen: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE FOR THE TERMS OF THE ADDITIONAL MEMBERS ADDED TO THE BOARD AND TO DELETE ARCHAIC LANGUAGE.

H. 3870 (Word version) -- Reps. Walker and Sinclair: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF COMMISSIONERS


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AND TO PROVIDE THAT TWO MEMBERS MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.

S. 458 (Word version) -- Senators Thomas and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM NONFORFEITURE AMOUNTS OF CONTRACTS ISSUED AFTER JUNE 30, 2007, SO AS TO CHANGE THE TIME OF APPLICABILITY ON THESE CONTRACTS; AND TO AMEND SECTION 2 OF ACT 313 OF 2002, RELATING TO TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID-UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES, SO AS TO CHANGE THE DATE OF APPLICABILITY FROM 2005 TO 2007 TO THESE CONTRACTS AND PROVIDE THAT CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT AND BEFORE JULY 1, 2007, MAY APPLY, AT THE INSURER'S OPTION, THE MINIMUM VALUES AS PROVIDED IN THIS ACT ON CERTAIN ANNUITIES ON A CONTRACT-FORM-BY-CONTRACT-FORM BASIS.

Rep. TRIPP explained the Bill.

S. 216 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 25-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND PURPOSES OF MILITARY CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MAKEUP OF THESE CORPORATIONS AND FOR THE PURPOSES, PROGRAMS, AND FUNDING OF THESE CORPORATIONS.

Rep. BREELAND explained the Bill.

H. 3646 (Word version) -- Reps. Parks, J. H. Neal, Allen, Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M. A. Pitts and F. N. Smith: A BILL TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION


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OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING.

Rep. PARKS explained the Bill.

S. 106 (Word version) -- Senators Ryberg, Leatherman, Land, Alexander, Cromer, Grooms, Hayes, Matthews, Mescher, Reese, Knotts, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS, OR HOLDS HARMLESS THE CONTRACT'S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT'S PROMISEE, OR ANY AGENTS, EMPLOYEES, SERVANTS, OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE CONTRACT'S PROMISEE IS UNENFORCEABLE, TO DEFINE THE TERM "MOTOR CARRIER TRANSPORTATION CONTRACT", AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT WHERE THE MOTOR CARRIER INDEMNIFIES OR HOLDS HARMLESS THE CONTRACT'S PROMISEE UNDER CERTAIN CIRCUMSTANCES.

Rep. DELLENEY explained the Bill.

S. 547--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JENNINGS, with unanimous consent, it was ordered that S. 547 (Word version) be read the third time tomorrow.


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H. 3870--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that H. 3870 (Word version) be read the third time tomorrow.

S. 458--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 458 (Word version) be read the third time tomorrow.

S. 216--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BREELAND, with unanimous consent, it was ordered that S. 216 (Word version) be read the third time tomorrow.

H. 3646--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PARKS, with unanimous consent, it was ordered that H. 3646 (Word version) be read the third time tomorrow.

S. 106--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 106 (Word version) be read the third time tomorrow.

S. 49--POINT OF ORDER

The following Bill was taken up:

S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.


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POINT OF ORDER

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

H. 3478--POINT OF ORDER

The following Bill was taken up:

H. 3478 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE WHEN SUCH PAYMENTS ARE AUTHORIZED.

POINT OF ORDER

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

H. 3175--POINT OF ORDER

The following Bill was taken up:

H. 3175 (Word version) -- Reps. Davenport, Vaughn and Littlejohn: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO


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DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" PURSUANT TO CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Rep. WHITE explained the Bill.

POINT OF ORDER

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

H. 3184--POINT OF ORDER

The following Bill was taken up:

H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper, Cato, G. M. Smith and Weeks: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL


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AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF

Printed Page 2024 . . . . . Thursday, April 7, 2005

AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.

POINT OF ORDER

Rep. FUNDERBURK made the Point of Order that the Bill was improperly before the House for consideration since its number and


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title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3213--POINT OF ORDER

The following Bill was taken up:

H. 3213 (Word version) -- Reps. Davenport, Vaughn, Toole, Tripp, Vick, Simrill, Bingham, J. R. Smith, Rice, Talley, G. Brown, Barfield, Owens, M. A. Pitts, G. R. Smith, Hamilton, White, Clark, Walker, Pinson, Loftis, Leach, McGee, W. D. Smith, Viers, Cato, Perry, Delleney, Altman, Cooper, Dantzler, Haskins, Huggins, Littlejohn, Hiott, Mahaffey, Wilkins, Merrill, D. C. Smith, Herbkersman, Bailey, Ceips, J. Brown, G. M. Smith, Weeks and Coates: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.

POINT OF ORDER

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

H. 3614--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3614 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING WAGES TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, INCLUDING COLLECTION AND DISBURSEMENT OF THE WITHHELD WAGES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FAMILY COURT FEES, COSTS, AND ALLOWANCES, INCLUDING THE FIVE PERCENT ADDITIONAL FEE ADDED TO CHILD SUPPORT


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PAYMENTS FOR COURT COSTS, SO AS TO PROVIDE THAT THE PAYOR OF THIS ADDITIONAL FIVE PERCENT AGREES, BY PAYING THROUGH THE COURT OR A CENTRALIZED SYSTEM, THAT THIS PAYMENT IS FOR SATISFACTION OF COURT COSTS, AGREES THAT IT IS NOT CHILD SUPPORT, AS DEFINED IN FEDERAL LAW, AND AGREES TO THE DISTRIBUTION OF THIS PAYMENT TO THE STATE FOR COURT COSTS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11654AC05), which was adopted:
Amend the bill, as and if amended, Section 20-7-1315(M) page 2, line 6 by deleting /three/ and inserting /three five/ So when amended, Section 20-7-1315(M) reads:
/   "(M)   The department shall establish and operate a centralized system for the collection and disbursement of funds received from wage withholding under the Child Support Enforcement program. Wage withholding subject to this provision shall include:

(1)   all wage withholding cases being enforced by the Child Support Enforcement Division;

(2)   all cases not being enforced by the Child Support Enforcement Division in which the support order was initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding.

Child support Amounts collected through the centralized wage withholding system are subject to the three five percent court cost pursuant to Section 20-7-1440(C), with disposition of all these fees made in accordance with Section 14-1-205 14-1-203. Employers shall make payment of the amount withheld to the centralized system within seven working days of the date income is withheld. The department shall, in compliance with federal requirements, disburse child support funds received from employers to the appropriate county clerk of court for disbursement to the custodial parent."/
Renumber sections to conform.
Amend title to conform.

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

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


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H. 3614--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3614 (Word version) be read the third time tomorrow.

S. 22--RECALLED FROM COMMITTEE ON JUDICIARY

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

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

OBJECTION TO RECALL

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


Printed Page 2028 . . . . . Thursday, April 7, 2005

H. 3819--RECALLED AND REFERRED TO COMMITTEE ON WAYS AND MEANS

On motion of Rep. SCOTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Ways and Means:

H. 3819 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN STATE INSURANCE PLANS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER EMPLOYED BY AN ENTITY WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE INSURANCE PLANS WHO IS PERMANENTLY DISABLED IN THE LINE OF DUTY AND WHOSE EMPLOYMENT IS TERMINATED AS A RESULT OF THE DISABILITY IS ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS AND STATE-PAID PREMIUMS.

H. 3634--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3634 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A RADIO COMMON CARRIER TO CONSTRUCT OR OPERATE A RADIO COMMON CARRIER SYSTEM MUST FIRST OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE COMMISSION MAY REGULATE "COMMERCIAL MOBILE SERVICE" PROVIDERS.

Rep. CATO explained the Senate Amendments.

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


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H. 3579--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3579 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS.

Rep. WITHERSPOON explained the Senate Amendments.

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

H. 3189--SENT TO THE SENATE

The following Bill was taken up:

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


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1630, AS AMENDED, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.

The question then recurred to the passage of the Bill on third reading.

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

Yeas 100; Nays 1

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bingham                Bowers                 Brady
Branham                R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hiott
Hosey                  Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
McCraw                 McGee                  McLeod
Merrill                Miller                 J. M. Neal

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Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rutherford             Scarborough
Scott                  Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Taylor                 Thompson
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

Total--100

Those who voted in the negative are:

Howard

Total--1

So, the Bill was read the third time and ordered sent to the Senate.

SENT TO THE SENATE

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

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


Printed Page 2032 . . . . . Thursday, April 7, 2005

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

STATEMENT FOR THE JOURNAL

On Wednesday, March 6, 2005, I was excused due to illness. I would like to state that if I had been present to vote, I would have voted in favor of H. 3817.

Rep. George Bailey

H. 3787--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3787 (Word version) -- Reps. Taylor, M. A. Pitts and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 101 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 14 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 385 IN LAURENS COUNTY THE "CHARLES M. CULBERTSON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLES M. CULBERTSON MEMORIAL HIGHWAY".

Whereas, Mr. Charles Marion Culbertson II died on January 27, 2005; and

Whereas, he was born on March 17, 1949 in Greenwood, graduated from Ware Shoals High School, and obtained a Bachelor of Science degree in Chemical Engineering from Clemson University; and

Whereas, Mr. Culbertson retired as President and Chief Operating Officer of Kemet Electronic Corporation, a company that he was employed with for twenty-five years; and


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Whereas, he was a board member of Tantalum International Consortium and served as its president in 1999; and

Whereas, he served on the Department of Natural Resources Board of Wildlife and Freshwater Fisheries and the Greenville YMCA Endowment Board of Directors, was a member of the Sons of the American Revolution, the Masons and Shriners; and

Whereas, Mr. Culbertson served as a member of the Laurens District 55 School Board for eight years; and

Whereas, he is survived by his wife and two sons; and

Whereas, it is fitting and proper for a portion of South Carolina Highway 101 in Laurens County to be named in Mr. Culbertson's honor. Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation name the portion of South Carolina Highway 101 from its intersection with South Carolina Highway 14 to its intersection with Interstate Highway 385 in Laurens County the "Charles M. Culbertson Memorial Highway" and erect appropriate markers or signs along this portion of highway that contain the words "Charles M. Culbertson Memorial Highway".

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.

RECURRENCE TO THE MORNING HOUR

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


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REPORTS OF STANDING COMMITTEE

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

S. 406 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; BY ADDING SECTION 56-1-2111, SO AS TO PROVIDE CIRCUMSTANCES WHEN THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE, OR A COMMERCIAL SPECIAL LICENSE OR PERMIT; BY ADDING SECTION 56-1-2112, SO AS TO PROVIDE THAT A DRIVER WHO IS CONVICTED OF OPERATING A COMMERCIAL VEHICLE IN VIOLATION OF CERTAIN RAILROAD-HIGHWAY GRADE CROSSING PROVISIONS IS DISQUALIFIED FROM OPERATING A COMMERCIAL MOTOR VEHICLE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "CONVICTION", "SERIOUS TRAFFIC VIOLATION", AND "TANK VEHICLE", AND TO PROVIDE DEFINITIONS FOR THE TERMS "SCHOOL BUS", AND "TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY AUTHORIZE PRIVATE INSTITUTIONS TO ADMINISTER THE SKILLS PORTION OF THE COMMERCIAL DRIVER'S LICENSE TEST, TO PROVIDE THAT THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MAY RANDOMLY TEST COMMERCIAL DRIVER'S LICENSE APPLICANTS OR HOLDERS, AND PROVIDE THAT A COMMERCIAL DRIVER'S LICENSE APPLICANT OR HOLDER WHO FAILS RETESTING SHALL LOSE HIS COMMERCIAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO CONTENTS OF A COMMERCIAL DRIVER'S LICENSE, THE PRIVILEGES


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AFFORDED TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE WITH THE VARIOUS CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS, AND THE ISSUANCE AND RENEWAL OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE "S" ENDORSEMENT AUTHORIZES A PERSON TO DRIVE ANY SCHOOL BUS; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO MOVING VIOLATIONS THAT DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT THESE VIOLATIONS MAY BE COMMITTED IN EITHER A COMMERCIAL OR NONCOMMERCIAL MOTOR VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT DRIVING A COMMERCIAL MOTOR VEHICLE WHEN A PERSON'S COMMERCIAL DRIVER'S LICENSE IS REVOKED, SUSPENDED, OR CANCELLED DISQUALIFIES THE PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT CAUSING A FATALITY THROUGH THE NEGLIGENT OPERATION OF A COMMERCIAL MOTOR VEHICLE DISQUALIFIES A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO DEFINE THE TERM "SERIOUS TRAFFIC VIOLATIONS"; AND TO AMEND SECTION 56-5-2735, RELATING TO VEHICLES ENTERING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE DRIVEN OR TOWED THROUGH OR OVER A RAILROAD GRADE CROSSING UNTIL ITS DRIVER HAS DETERMINED THAT THE VEHICLE HAS SUFFICIENT UNDER CARRIAGE CLEARANCE TO NEGOTIATE THE RAILROAD GRADE CROSSING.
Ordered for consideration tomorrow.

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

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 and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO


Printed Page 2036 . . . . . Thursday, April 7, 2005

TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION 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, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
Ordered for consideration tomorrow.

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

H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON


Printed Page 2037 . . . . . Thursday, April 7, 2005

AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OT TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, AND TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION.
Ordered for consideration tomorrow.

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

H. 3299 (Word version) -- Rep. Ceips: A BILL TO AMEND CHAPTER 23, TITLE 57 OF THE 1976 CODE OF LAWS, BY ADDING ARTICLE 4 SO AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3887 (Word version) -- Reps. Ballentine, Harrell, J. E. Smith, Thompson, Lucas, Haley, Neilson, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, 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, Hamilton, Hardwick, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence,


Printed Page 2038 . . . . . Thursday, April 7, 2005

J. H. Neal, J. M. Neal, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION JOINING THE ENTIRE STATE OF SOUTH CAROLINA IN CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA GAMECOCKS ON THEIR 2005 NATIONAL INVITATION TOURNAMENT TITLE AND EXPRESSING THE STATE'S EXCITEMENT AT THE STELLAR 20-13 SEASON, BEHIND THE MEASURED DIGNITY AND COACHING FINESSE OF HEAD COACH DAVE ODOM.

Whereas, the University of South Carolina basketball Gamecocks have enjoyed a solid tradition since the days of the legendary Frank McGuire; and

Whereas, Coach Dave Odom, in his first three years at the helm, had already led the team to two twenty-game seasons and a chance at the 2002 NIT crown; and

Whereas, a win in the exciting roundball arena of Madison Square Garden on Thursday, March 31, 2005, would earn Odom his third twenty-game outing in just four years and the first USC basketball post-season title since 1971; and

Whereas, the Gamecocks came alive at this historic chance for themselves, their coach, their school, and their State; and

Whereas, Tarence Kinsey's twenty-two-foot three pointer with 1.3 seconds to play and the 60-57 victory over the St. Joseph's Hawks, was just the amazing finale to a blazing five-game run for the championship that began on the home court the Gamecocks owned all season long; and

Whereas, Carlos Powell, who earned MVP honors for his outstanding play throughout the tournament schedule, followed up Tré Kelley's layup for the lead near the two-minute mark with a three-pointer of his own; and


Printed Page 2039 . . . . . Thursday, April 7, 2005

Whereas, in spite of a powerful Brandon Wallace rejection of a Hawk three-point try, St. Joe's star Pat Carroll was able to tie up the game about seven seconds before Kinsey drilled his last-second, 2005 NIT title-winning shot; and

Whereas, the team and Coach Odom and his staff gave the nation not only great basketball that Thursday night in the rarefied atmosphere of Madison Square Garden, but also a glimpse of a disciplined but exciting new era for the Gamecock basketball program. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives join the entire State of South Carolina in congratulating the University of South Carolina Gamecocks on their 2005 National Invitation Tournament title, and express their excitement at the stellar 20-13 season, behind the measured dignity and coaching finesse of Head Coach Dave Odom.

Be it further resolved that a copy of this resolution be presented to Head Coach Dave Odom.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3888 (Word version) -- Reps. J. E. Smith, Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford,


Printed Page 2040 . . . . . Thursday, April 7, 2005

Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DIRECT THAT THE FLAGS ON THE STATEHOUSE DOME BE FLOWN AT HALF-STAFF ON FRIDAY, APRIL 8, 2005 OUT OF DEEPEST RESPECT FOR HIS HOLINESS POPE JOHN PAUL II.

Whereas, beloved Catholic Church and spiritual leader Pope John Paul II is being laid to rest Friday, April 8, 2005; and

Whereas, Pope John Paul II, the first Pole elected to the papacy and first non-Italian elected Pope in over 455 years, was elected to the papacy on October 16, 1978; and

Whereas, the Pope distinguished his Pontificate through extensive travel, working to bring down communism, and fostering peace among nations, religions, and cultures; and

Whereas, among his travels, the Pope made seven trips to the United States and South Carolinians were honored when he visited the Palmetto State in 1978, where the Holy Father was warmly welcomed by people of all faiths; and

Whereas, the members of the General Assembly wish to express their deepest sorrow and greatest respect for the life and legacy of such a distinguished and beloved world and spiritual leader. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, direct that the flags on the Statehouse dome be flown at half-staff on Friday, April 8, 2005, out of deepest respect for His Holiness Pope John Paul II.


Printed Page 2041 . . . . . Thursday, April 7, 2005

Be it further resolved that a copy of this resolution be forwarded to the Director of the Office of General Services, State Budget and Control Board.

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

INTRODUCTION OF BILLS

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

H. 3889 (Word version) -- Reps. Limehouse, Bailey, Ceips, Duncan, Hagood, Miller and Scarborough: A BILL TO AMEND SECTION 50-5-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO CLOSE COMMERCIAL OR RECREATIONAL FISHING SEASONS, AREAS, OR ACTIVITIES IN THE SALT WATERS OF THIS STATE, SO AS TO PROVIDE THAT A THREAT TO A FISHERY RESOURCE INCLUDES A SUBSTANTIAL MORTALITY OF THE RESOURCE OR A DECREASE IN ITS REPRODUCTION RATES, AND TO PROVIDE THAT THE TAKING AND IMMEDIATE RELEASE OF SALTWATER FISH COVERED BY THE EMERGENCY CLOSURE IS NOT A VIOLATION OF THIS SECTION; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS ON CERTAIN SALTWATER FISH, SO AS TO AUTHORIZE THE BOARD OF NATURAL RESOURCES TO ESTABLISH TAKE AND POSSESSION LIMITS AND SIZE LIMITS FOR ELEVEN SPECIFIC TYPES OR GROUPS OF SALTWATER FINFISH, TO PROVIDE FOR THE REVIEW, APPROVAL, NOTIFICATION, AND IMPLEMENTATION PROCEDURES IN REGARD TO THE ABOVE, TO PROVIDE THAT THESE PROCEDURES ARE IN LIEU OF THOSE FOR PROMULGATION OF REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND TO PROVIDE THAT THIS AUTHORITY IS GRANTED TO THE BOARD FOR A PERIOD OF FIVE YEARS ONLY; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS ON CERTAIN SALTWATER FISH, SO AS TO REVISE THE GAME FISH DESIGNATION FOR SALTWATER GAME FISH, TO PROVIDE FOR THE MANNER IN WHICH TAKE, POSSESSION, AND SIZE LIMITS APPLY TO CERTAIN


Printed Page 2042 . . . . . Thursday, April 7, 2005

SALTWATER GAME FISH AND NONGAME FISH, TO REVISE TAKE AND POSSESSION LIMITS FOR TARPON AND TAKE PERIODS FOR SPOTTED SEA TROUT AND RED DRUM, TO DELETE CERTAIN SEA BASS REQUIREMENTS, AND TO PROVIDE FOR PROCEDURAL AND IMPLEMENTATION PROVISIONS IN REGARD TO THE ABOVE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3890 (Word version) -- Reps. Kennedy, J. Hines and Branham: A BILL TO AMEND SECTION 56-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTING CERTAIN BOAT TRAILERS, FARM TRAILERS, AND UTILITY TRAILERS FROM BEING LICENSED OR REGISTERED, SO AS TO PROVIDE THAT THESE TRAILERS MUST BE LICENSED, REGISTERED, AND MUST HAVE A VEHICLE IDENTIFICATION NUMBER CONSPICUOUSLY ENGRAVED ON THEM.
Referred to Committee on Education and Public Works

H. 3891 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2946, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3892 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO UTILIZATION OF GENERIC TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2964, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3893 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2941,


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PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3894 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2948, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3895 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE REGULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2955, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3896 (Word version) -- Reps. Clemmons, Umphlett, Duncan, M. A. Pitts, Rhoad and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-105 SO AS TO PROVIDE THAT IN ALL HERITAGE PRESERVES OR OTHER STATE NATURAL AREAS MAINTAINED FOR THE USE AND ENJOYMENT OF THE GENERAL PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES, HIKING AND EQUESTRIAN ACTIVITIES ARE PERMITTED, TO PROVIDE FOR CERTAIN FEES TO BE IMPOSED FOR THESE ACTIVITIES, AND TO PROVIDE THAT THE MONIES DERIVED FROM THESE FEES MUST BE USED TO OFFSET THE COST OF MAINTENANCE IN AND INFRASTRUCTURE IMPROVEMENTS TO THESE AREAS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO


Printed Page 2044 . . . . . Thursday, April 7, 2005

MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3898 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE AND PROFESSIONAL PERSONNEL QUALIFICATIONS, DUTIES AND WORKLOADS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2940, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

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

H. 3900 (Word version) -- Reps. M. A. Pitts and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 31, TITLE 23, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY OR DEPARTMENT MUST ISSUE A PICTURE IDENTIFICATION TO CERTAIN RETIREES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE AGENCY OR DEPARTMENT MUST ALLOW CERTAIN RETIREES TO QUALIFY ANNUALLY WITH A FIREARM, TO PROVIDE THAT AN AGENCY OR DEPARTMENT THAT FAILS TO COMPLY WITH THIS PROVISION SHALL NOT RECEIVE ANY STATE GRANTS OR MONIES, AND TO PROVIDE THAT THE PRIVILEGES CONTAINED IN THIS PROVISION MAY NOT BE CONFERRED UPON A PERSON CONVICTED OF A CRIME THAT WOULD HAVE PREVENTED


Printed Page 2045 . . . . . Thursday, April 7, 2005

HIM FROM BECOMING A CERTIFIED LAW ENFORCEMENT OFFICER.
Referred to Committee on Judiciary

H. 3901 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-15-65 SO AS TO PROVIDE THAT AGRICULTURAL PRODUCTS GROWN IN ANOTHER STATE MAY BE SOLD AT ROADSIDE MARKETS OR LOCAL STANDS IN THIS STATE BY THE OUT-OF-STATE PRODUCER OR HIS AUTHORIZED AGENCY IN THE SAME MANNER IN-STATE PRODUCERS ARE PERMITTED TO SELL SUCH PRODUCTS ONLY IF THE OTHER STATE PERMITS AGRICULTURAL PRODUCERS FROM THIS STATE THE SAME PRIVILEGE AS DETERMINED BY THE DEPARTMENT OF AGRICULTURE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3902 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Referred to Committee on Labor, Commerce and Industry

SPEAKER PRO TEMPORE IN CHAIR

SPEAKER ADDRESSES HOUSE

Pursuant to House Rule 1.6, the SPEAKER addressed the body concerning a matter of importance to the House.

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


Printed Page 2046 . . . . . Thursday, April 7, 2005

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3826 (Word version) -- Reps. Jennings, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, 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 INVITE THE WINNERS OF THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 27, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2005 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

H. 3843 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton,


Printed Page 2047 . . . . . Thursday, April 7, 2005

Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE STUDENTS, FACULTY, ADMINISTRATION, AND STAFF OF JOSEPH KEELS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO ON RECEIVING THE 2005 PALMETTO'S FINEST AWARD AND FOR STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.

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

H. 3854 (Word version) -- Reps. Hosey, Rhoad, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips,


Printed Page 2048 . . . . . Thursday, April 7, 2005

Pinson, E. H. Pitts, M. A. Pitts, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE JEFFERSON DAVIS ACADEMY "LADY RAIDERS" BASKETBALL TEAM OF BAMBERG COUNTY ON THEIR STATE INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CHAMPIONSHIP, AND HONORING THE PLAYERS AND COACH ROBYNE JOYNER.

H. 3855 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE REFOUNDING OF THE HISTORIC COLLEGE OF ARTS AND SCIENCES AT THE UNIVERSITY OF SOUTH CAROLINA AND ITS REDEDICATION TO THE MISSION OF BEING A FAITHFUL INDEX TO THE AMBITIONS AND FORTUNES OF THE STATE.

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


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ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT ASSEMBLY IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 11:15 A.M. ON MONDAY, APRIL 18, 2005.

H. 3864 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE STUDENTS, FACULTY, ADMINISTRATION, AND STAFF OF W. J. KEENAN HIGH SCHOOL IN RICHLAND SCHOOL DISTRICT ONE ON RECEIVING THE 2005 PALMETTO'S FINEST AWARD AND STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.

H. 3867 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RECOGNIZE THE FIRST BAPTIST CHURCH OF AIKEN ON THE OCCASION OF ITS HISTORIC TWO HUNDREDTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR TWO HUNDRED YEARS OF SERVICE TO THE COMMUNITY.

H. 3602 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT SOUTH CAROLINA MARINAS PROVIDE TO OUR CITIZENS AND VISITORS IN TERMS OF RECREATION, REST, AND


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RELAXATION AND TO DECLARE AUGUST 13, 2005, AS "NATIONAL MARINA DAY IN SOUTH CAROLINA".

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

H. 3886 (Word version) -- Reps. G. M. Smith, G. Brown, Coates, J. H. Neal, Weeks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith,


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Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. VICTOR C. JONES, DIRECTOR OF PUBLIC SAFETY FOR SUMTER COUNTY FOR MORE THAN THIRTY-TWO YEARS, FOR A DISTINGUISHED CAREER OF PUBLIC SERVICE, UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.

H. 3888 (Word version) -- Reps. J. E. Smith, Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DIRECT THAT THE FLAGS ON THE STATEHOUSE DOME BE FLOWN AT HALF-STAFF ON FRIDAY, APRIL 8, 2005 OUT OF DEEPEST RESPECT FOR HIS HOLINESS POPE JOHN PAUL II.

ADJOURNMENT

At 11:00 a.m. the House, in accordance with the motion of Rep. CEIPS, adjourned in memory of William Alpheus "Al" Cook of Beaufort, a former staff member of Legislative Council, to meet at 10:00 a.m. tomorrow.

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