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 138:3: "When I called you made me bold and stouthearted."
Let us pray. Heavenly Father, enable us to change the lives of the people of this State for the better. Make us bold in effecting change. Help us to separate the dust and dirt of thought and deed from that which is pleasing to You. Give courage, integrity and strength to each as these Representatives strive to accomplish the good. Look in favor upon our Nation, President, State and her leaders. Protect our defenders of freedom and keep them safe. O Lord, hear our prayer. Amen.

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

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

Rep. BALLENTINE moved that when the House adjourns, it adjourn in memory of his aunt, Margaret Jane Clarke of Greenville, Mississippi, which was agreed to.

The following was received:

Columbia, S.C., April 18, 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. 39, S. 547 by a vote of 46 to 0:

(R39) S. 547 (Word version) -- Senator Sheheen: AN ACT TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF

Very respectfully,
President

The SPEAKER ordered the following veto printed in the Journal:

April 15, 2005
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 547 (Word version), R. 39, an Act:
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.
This veto is based on my belief that this bill is unconstitutional. S. 547, R. 39 provides for the terms of new members of the Chesterfield County Board of Elections and Registration. As such, S. 547, R. 39, affects only Chesterfield County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 547, R. 39 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
For this reason, I am returning S. 547, R. 39 to you without my signature.

Sincerely,
Mark Sanford
Governor

The following was received from the Senate:

Columbia, S.C., April 18, 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. 3155:

H. 3155 (Word version) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady, Hagood, Talley, G. R. Smith and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD PROBLEM-SOLVING SKILLS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE TRAITS WHICH MUST BE INCORPORATED INTO SCHOOL BOARD POLICIES ADDRESSING CHARACTER EDUCATION; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.

Very respectfully,
President

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

Whereupon, the Chair appointed Reps. TOWNSEND, ANTHONY and WALKER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

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

Document No. 2971
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 (1), 59-18-310, 59-18-320, 59-18-330, 59-18-340, 59-20-60(7)(c), 59-30-10, and 20 USC Section 6301
Assessment Program
Received by Speaker of the House of Representatives
April 15, 2005
Referred to House Education and Public Works Committee
Legislative Review Expiration August 13, 2005 (Subject to Sine Die Revision)

Document No. 2967
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 38-73-70; 38-73-495; 38-73-510; 1-23-10, et seq.
Workers' Compensation Advisory Board
Received by Speaker of the House of Representatives
March 15, 2005
Referred to Labor, Commerce and Industry Committee
Withdrawn May 18, 2005

Document No. 2801
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140(11); 48-1-10 et seq.
Individual Sewage Treatment and Disposal Systems
Received by Speaker of the House of Representatives
January 29, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Withdrawn May 19, 2005

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3726 (Word version) -- Reps. Ott, Clark, J. E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M. A. Pitts and Taylor: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3240 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46 RELATING TO THE GRAIN DEALERS GUARANTY FUND IS REPEALED UPON CERTIFICATION BY THE COMMISSIONER OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE GUARANTY FUND FROM THE STATE INSURANCE RESERVE FUND HAVE BEEN PAID IN FULL.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3235 (Word version) -- Reps. Witherspoon and R. Brown: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3318 (Word version) -- Reps. Young, Chellis, Bailey and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT CONTINUING EDUCATION COURSES TAKEN OUT OF STATE BY A COSMETOLOGIST LICENSED IN THIS STATE MUST COUNT TOWARD THE COSMETOLOGIST'S ANNUAL SOUTH CAROLINA CONTINUING EDUCATION REQUIREMENTS IN A MANNER PROVIDED BY THE BOARD.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3513 (Word version) -- Reps. Brady, Pinson, Emory, Bales, Barfield, Chellis, Dantzler, Kennedy, Leach, Lucas, Martin, J. M. Neal, M. A. Pitts and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
Ordered for consideration tomorrow.

H. 3582 (Word version) -- Reps. McLeod, Clark, J. E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO UPDATE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, TO PROVIDE THAT A VIOLATION DOES NOT GIVE RISE TO A CAUSE OF ACTION, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3832 (Word version) -- Reps. J. E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J. M. Neal, Ott, Parks, Perry, Pinson, Rivers, D. C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: A BILL TO

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 509 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE, A SIX HOUR BOARD-APPROVED HAIR BRAIDING COURSE, AND AN EXAMINATION; AND TO AMEND SECTION 40-7-20, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF BARBERS, SO AS TO DEFINE "HAIR BRAIDING".
Ordered for consideration tomorrow.

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

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3674 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-275 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY TO ISSUE LICENSES BY CREDENTIALS TO PRACTICE DENTISTRY AND TO ESTABLISH THE CRITERIA FOR OBTAINING SUCH LICENSURE.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3640 (Word version) -- Reps. White and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD-SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE

The following was introduced:

H. 3947 (Word version) -- Reps. W. D. Smith, Hayes, Ott and J. E. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO PASS THE BILL SPONSORED BY SENATORS LINDSEY GRAHAM AND CHARLES SCHUMER WHICH WOULD IMPOSE A 27.5 PERCENT TARIFF ON ALL CHINESE EXPORTS TO THE UNITED STATES IF THE CHINESE DO NOT CEASE UNDERVALUING ITS CURRENCY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3948 (Word version) -- Rep. M. Hines: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ALLIE BROOKS, JR., OF FLORENCE FOR HIS TWENTY-NINE YEARS OF EDUCATING, MENTORING, AND LEADING STUDENTS AS PRINCIPAL OF WILSON HIGH SCHOOL, AND WISH HIM GOOD HEALTH AND HAPPINESS UPON HIS RETIREMENT.

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

The Senate sent to the House the following:

S. 271 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES WADBOO CREEK ALONG

The Senate sent to the House the following:

S. 387 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 145 FROM THE SOUTH CAROLINA-NORTH CAROLINA BORDER IN CHESTERFIELD COUNTY TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 1 IN CHESTERFIELD COUNTY THE "CAROLINA SANDHILLS PARKWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "CAROLINA SANDHILLS PARKWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 425 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG SOUTH CAROLINA HIGHWAY 9 IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HOOVER FAY BELL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 763 (Word version) -- Senator Ritchie: A CONCURRENT RESOLUTION TO RECOGNIZE THE WONDERFUL MUSIC CAREER OF MARSHALL CHAPMAN, A NATIVE OF SPARTANBURG, TO WELCOME HER TO COLUMBIA AS PART OF THE THREE RIVERS MUSIC FESTIVAL, AND TO PROCLAIM FRIDAY, APRIL 22, 2005, AS "MARSHALL CHAPMAN DAY" THROUGHOUT SOUTH CAROLINA IN HER HONOR.

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

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

H. 3943 (Word version) -- Reps. Loftis, Anderson, G. Brown, R. Brown, Clark, Davenport, Frye, J. Hines, Jefferson, Littlejohn, Mahaffey, Martin, Moody-Lawrence, J. H. Neal, Parks, Sandifer, Sinclair, J. R. Smith and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-35 SO AS TO ENACT THE "THERON NORRIS ACT" TO PROVIDE THAT HEALTH CARE FACILITIES SHALL IMPLEMENT A METHOD OF IDENTIFYING PATIENTS WITH MENTAL OR NEUROLOGICAL IMPAIRMENTS OR CONDITIONS SO THAT IF THE PATIENT IS OFF HIS OR HER UNIT THE PATIENT'S IMPAIRMENT OR CONDITION CAN BE READILY KNOWN AND TO PROVIDE THAT SUCH A PATIENT MUST NOT BE LEFT UNATTENDED OR UNSUPERVISED WHILE OFF HIS OR HER UNIT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3944 (Word version) -- Reps. Toole, G. Brown, Davenport and Witherspoon: A BILL TO AMEND SECTIONS 62-3-801 AND 62-3-803, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO CREDITORS' CLAIMS AGAINST AN ESTATE, SO AS TO INCREASE THE TIME FOR PRESENTATION OF CLAIMS FROM WITHIN EIGHT MONTHS TO WITHIN

H. 3945 (Word version) -- Rep. Toole: A BILL TO AMEND SECTION 12-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT TO COLLECT AN OUTSTANDING LIABILITY OWED TO A GOVERNMENTAL ENTITY, SO AS TO PROVIDE THAT THE FEE CHARGED BY THE DEPARTMENT MUST BE PAID BY THE DEBTOR AND NOT THE GOVERNMENTAL ENTITY FOR WHOM THE DEBT IS COLLECTED.
Referred to Committee on Judiciary

H. 3946 (Word version) -- Rep. G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A NEW "SPENDING LIMIT RESERVE FUND" TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN A FISCAL YEAR IN EXCESS OF THE APPLICABLE CONSTITUTIONAL SPENDING LIMIT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE IMPLEMENTING LAW SHALL DEFINE SURPLUS REVENUES, PROVIDE THE PURPOSES FOR WHICH THE REVENUES CREDITED TO THIS FUND MUST BE USED, AND THE TIMING AND METHOD OF THE GENERAL ASSEMBLY'S APPROPRIATION OF THESE REVENUES AND TO PROVIDE THAT THE IMPLEMENTING LAW MAY NOT BE AMENDED OR REPEALED EXCEPT BY A SPECIAL VOTE DEFINED AS A RECORDED ROLL-CALL VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS IN EACH BRANCH PRESENT AND VOTING, BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH BRANCH.
Referred to Committee on Ways and Means

S. 75 (Word version) -- Senators Knotts, Hutto, O'Dell, Alexander, Cromer and Ford: A BILL 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.
Referred to Committee on Labor, Commerce and Industry

S. 108 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO CREATE A CAUSE OF ACTION FOR UNCOMPENSATED RECEIPT OF HEALTH CARE SERVICES WHEN A PERSON SECURES PERFORMANCE OF SUCH SERVICES, HAS RECEIVED INSURANCE PROCEEDS OR THIRD PARTY PAYMENT TO PAY FOR SUCH SERVICES, AND AFTER RECEIVING PROPER NOTICE HAS NOT REMITTED THE PAYMENT TO THE HEALTH CARE PROVIDER; TO ESTABLISH NOTICE REQUIREMENTS, A SCHEDULE OF DAMAGES, INCLUDING ACTUAL DAMAGES AND LIQUIDATED DAMAGES AS A PERCENTAGE OF THE ACTUAL DAMAGES, AND DEFENSES TO THIS CAUSE OF ACTION.
Referred to Committee on Judiciary

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL TAXES, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK AND TO PROVIDE FOR DISTRIBUTIONS FROM THE

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

S. 276 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 7-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN UNAUTHORIZED PERSON NOT ALLOWED WITHIN THE GUARD RAIL OF A VOTING BOOTH, SO AS TO AUTHORIZE A DEPENDENT CHILD OF A QUALIFIED ELECTOR TO ACCOMPANY THE QUALIFIED ELECTOR IN THE VOTING BOOTH WHILE HE IS CASTING HIS BALLOT.
Referred to Committee on Judiciary

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.
Referred to Committee on Judiciary

S. 511 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF INSURANCE PROCEEDS TO RECONSTRUCT DAMAGED PROPERTY GOVERNED BY THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE FOR REPAIR OR RECONSTRUCTION UPON A VOTE OF EIGHTY PERCENT OF THE CO-OWNERS, OR MORE IF REQUIRED BY THE PROPERTY BYLAWS, AND TO PROVIDE, FURTHER, FOR DISTRIBUTION OF INSURANCE PROCEEDS.
Referred to Committee on Labor, Commerce and Industry

S. 557 (Word version) -- Senator Richardson: A BILL 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 PENAL SYSTEM, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS WORKING FOR THE MUNICIPALITY.
Referred to Committee on Labor, Commerce and Industry

S. 707 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-6-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELECTION OF MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE ELECTION OF THE COMMISSIONERS ELECTED BY THE GENERAL ASSEMBLY EVERY FOUR YEARS, BEGINNING FEBRUARY 1, 2006.
Referred to Committee on Labor, Commerce and Industry

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.
Referred to Orangeburg Delegation

S. 749 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175, SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE DESCRIBING CERTAIN OFFENSES THAT THE CHILD IS A VICTIM OF OR WITNESS TO IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

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

Agnew                  Allen                  Altman
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bingham                Brady                  Branham
Breeland               Brown, G.              Brown, J.
Brown, R.              Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Duncan
Edge                   Emory                  Frye
Funderburk             Hagood                 Haley

Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            Hines, J.              Hines, M.
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Kennedy                Kirsh                  Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Pinson                 Pitts, E.H.            Pitts, M.A.
Rhoad                  Rice                   Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sinclair               Skelton
Smith, D.C.            Smith, G.R.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Vick
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, April 19.

Jackson "Seth" Whipper            Becky Martin
Greg Delleney                     Jerry Govan
David Weeks                       Olin Phillips
Carl Anderson                     Douglas Jennings
William Clyburn                   G. Murrell Smith
Fletcher Smith                    William Bowers

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,

Bill Number:   H. 3928 (Word version)
Date:   ADD:
04/19/05   JENNINGS

Bill Number:   H. 3177 (Word version)
Date:   ADD:
04/19/05   GOVAN

Bill Number:   H. 3841 (Word version)
Date:   ADD:
04/19/05   HAGOOD

Bill Number:   H. 3453 (Word version)
Date:   ADD:
04/19/05   HAGOOD

Bill Number:   H. 3141 (Word version)
Date:   ADD:
04/19/05   LOFTIS

Bill Number:   H. 3489 (Word version)
Date:   ADD:
04/19/05   NEILSON

Bill Number:   H. 3588 (Word version)
Date:   ADD:
04/19/05   BAILEY

Bill Number:   H. 3638 (Word version)
Date:   ADD:
04/19/05   SCOTT

Bill Number:   H. 3647 (Word version)
Date:   ADD:
04/19/05   KIRSH

Bill Number:   H. 3650 (Word version)
Date:   ADD:
04/19/05   MCLEOD

Bill Number:   H. 3724 (Word version)
Date:   ADD:
04/19/05   NEILSON

Bill Number:   H. 3732 (Word version)
Date:   ADD:
04/19/05   COATES

Bill Number:   H. 3794 (Word version)
Date:   ADD:
04/19/05   BAILEY

Bill Number:   H. 3841 (Word version)
Date:   ADD:
04/19/05   COLEMAN

Bill Number:   H. 3906 (Word version)
Date:   ADD:
04/19/05   NEILSON

Bill Number:   H. 3860 (Word version)
Date:   ADD:
04/19/05   DUNCAN

Bill Number:   H. 3885 (Word version)
Date:   ADD:
04/19/05   HARRELL

Bill Number:   H. 3141 (Word version)
Date:   ADD:
04/19/05   WHIPPER

Bill Number:   H. 3860 (Word version)
Date:   ADD:
04/19/05   COATES

Bill Number:   H. 3881 (Word version)
Date:   ADD:
04/19/05   MILLER

Bill Number:   H. 3881 (Word version)
Date:   ADD:
04/19/05   WHIPPER

Bill Number:   H. 3647 (Word version)
Date:   REMOVE:
04/19/05   MCLEOD

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

H. 3490 (Word version) -- Reps. Duncan, Cato, Bowers and M. A. Pitts: A BILL TO AMEND SECTION 34-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF LICENSURE REQUIREMENTS FOR A CHECK-CASHING SERVICE, SO AS TO EXEMPT A PERSON WHO, INCIDENTALLY TO OR INDEPENDENTLY OF THE OPERATION OF A BONA FIDE RETAIL BUSINESS, FROM TIME TO TIME CASHES A CHECK, DRAFT, OR MONEY ORDER, SO AS TO PROVIDE THAT THE FEE CHARGED MUST NOT EXCEED THE STATUTORY FEE SCHEDULE.

Rep. SCARBOROUGH explained the Bill.

S. 483 (Word version) -- Senators Matthews, Knotts, J. V. Smith, Sheheen, Land, Patterson, Scott, Hutto, Williams, Anderson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 127, TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA STATE UNIVERSITY ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT", WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH SOUTH CAROLINA STATE UNIVERSITY MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.

Rep. NEILSON explained the Bill.

H. 3156 (Word version) -- Reps. Harrell, Leach, Bailey, Scarborough and Clark: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, SO AS TO PROVIDE FOR THE ISSUANCE OF HOSPITAL REVENUE

Rep. NEILSON explained the Bill.

The following Bill was taken up:

H. 3700 (Word version) -- Reps. Clemmons and Harrison: A BILL TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED.

Rep. CLEMMONS explained the Bill.

Reps. COATES, COBB-HUNTER, FUNDERBURK, HOWARD, J. H. NEAL, CLEMMONS, OTT, RUTHERFORD, SINCLAIR, J. R. SMITH, DUNCAN and LEACH requested debate on the Bill.

The following Bill was taken up:

H. 3588 (Word version) -- Reps. Whipper, Sinclair, J. H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W. D. Smith, Taylor, Walker and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

Rep. SINCLAIR explained the Bill.

The following Bill was taken up:

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

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

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

(a)   auditor;

(b)   treasurer;

(c)   clerk of court;

(d)   probate judge;

(e)   sheriff;

(f)   coroner; and

(g)   register of mesne conveyance.

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

(B)   A county may choose to elect the members of its governing body and any of the county officers enumerated in item (1) of

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

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

Rep. TALLEY explained the amendment.

Reps. KENNEDY, MILLER, THOMPSON, BATTLE, COATES, BALES, VAUGHN, MOODY-LAWRENCE, R. BROWN, COTTY, D. C. SMITH, G. R. SMITH and WEEKS requested debate on the Bill.

The following Joint Resolution was taken up:

H. 3846 (Word version) -- Rep. Harrell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 36(A), Article III of the Constitution of this State be amended to read:

"(A)   The General Assembly shall provide for a General Reserve Fund of three percent of the general fund revenue of the latest completed fiscal year plus the first ten percent of any surplus general fund revenues accruing for any fiscal year. Funds may be withdrawn from the reserve only for the purpose of covering operating deficits of state government. The General Assembly must provide for the orderly restoration of funds withdrawn from the reserve from future revenues and out of funds accumulating in excess of annual operating expenditures.

(1)   The General Assembly shall provide by law for a procedure to survey the progress of the collection of revenue and the expenditure of funds and to authorize and direct reduction of appropriations as may be necessary to prevent a deficit.

(2)   In the event of a year-end operating deficit, so much of the reserve fund as may be necessary must be used to cover the deficit; and the amount must be restored to the reserve fund within three fiscal years out of future revenues until the three percent General Reserve Fund is again reached and maintained. Provided that a minimum of one percent of the general fund revenue of the latest completed fiscal year, if so much is necessary, must be restored to the reserve fund each year following the deficit until the three percent General Reserve Fund is restored.

(3)   No restoration within three fiscal years is required for funds in the General Reserve Fund used to cover an operating deficit which were derived from the requirement in this subsection that the first ten percent of any surplus general fund revenue for any fiscal year be placed in the General Reserve Fund."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 36(A), Article III of the Constitution of this State be amended so as to provide that the General Reserve Fund shall consist not only of three percent of the General Fund Revenue of the latest completed fiscal year but also the first ten percent of any surplus general fund revenues accruing for any fiscal year?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION   3.   It is proposed that Section 36(B)(3)(a), Article III of the Constitution of this State be amended to read:

"(a)   Any appropriation of monies from the Capital Reserve Fund as provided in this subsection must be ranked in priority of expenditure and is effective thirty days after completion of the fiscal year on September first of the following fiscal year. If it is determined that the fiscal year has ended with an operating deficit, then the monies appropriated from the Capital Reserve Fund must be reduced based on the rank of priority, beginning with the lowest priority, to the extent necessary and applied to the year-end operating deficit before withdrawing monies from the General Reserve Fund."

SECTION   4.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 36(B)(3)(a), Article III of the Constitution of this State be amended so as to provide that appropriations from the Capital Reserve Fund take effect on September first of the following fiscal year?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION   5.   It is proposed that Section 36, Article III of the Constitution of this State be amended by adding a new subsection (C) to read:

"(C)   Surplus General Fund Revenues for any fiscal year not otherwise obligated and appropriations to the Capital Reserve Fund are deemed to have occurred and are available for expenditure after September first of the next fiscal year and after the state's financial books for the previous fiscal year have been closed."

SECTION   6.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 36, Article III of the Constitution of this State be amended so as to provide that surplus General Fund Revenues for any fiscal year not otherwise obligated and appropriations to the Capital Reserve Fund are deemed to have occurred and are available for expenditure after September first of the next fiscal year and after the state's financial books for the previous fiscal year have been closed?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION   7.   It is proposed that Section 36, Article III of the Constitution of this State be amended by adding a new subsection (D) to read:

"(D)(1)   If the Comptroller General determines upon the closing of the state's financial books for a fiscal year that the State has a negative Generally Accepted Accounting Principles Fund balance (GAAP Fund Deficit), any appropriations contained in a general or supplemental appropriations act which expends surplus general fund revenues or in a Capital Reserve Fund appropriations act to be effective during the next fiscal year are suspended and must be used to the extent necessary to offset the GAAP Fund deficit in the manner the General Assembly shall provide.

(2)   A negative GAAP Fund balance is defined as the amount remaining after subtracting all state liabilities and reserve funds from state assets on an accrual basis."

SECTION   8.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 36, Article III of the Constitution of this State be amended so as to provide that if the Comptroller General determines upon the closing of the state's financial books for a fiscal year that the State has a negative Generally Accepted Accounting Principles Fund

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. HARRELL explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bingham                Brady                  Branham
Brown, G.              Brown, J.              Brown, R.
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hines, J.
Hines, M.              Hinson                 Hiott
Hosey                  Huggins                Jefferson
Kennedy                Kirsh                  Leach
Lee                    Limehouse              Littlejohn

Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
Pitts, E.H.            Pitts, M.A.            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
Sinclair               Skelton                Smith, D.C.
Smith, G.R.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Stewart                Talley
Taylor                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Young

Those who voted in the negative are:

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

The following Bill was taken up:

H. 3794 (Word version) -- Reps. Harrell, Wilkins, Cotty, J. E. Smith, Leach, Clark, Skelton, Chellis, Davenport, Haley, Harvin, Anthony, Bales, Ballentine, Barfield, Battle, Brady, G. Brown, Cato, Coates, Cobb-Hunter, Coleman, Cooper, Delleney, Edge, Harrison, Hayes, Hinson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Lucas, Mack, McCraw, McGee, Merrill, J. M. Neal, Neilson, Ott, Perry, Rice, Simrill, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, White, Witherspoon, Young, Scarborough, Bailey and Hagood: A BILL TO AMEND CHAPTER 17, TITLE 13 OF THE 1976 CODE, RELATING TO THE SOUTH

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11691SJ05), which was adopted:
Amend the bill, as and if amended, Section 13-17-40 as contained in SECTION 1, by deleting the section in its entirety and inserting:
/   Section 13-17-40.   The authority SCRA shall consist of a board of twenty-two twenty-three trustees that includes the following ex officio members: President of the Council of Private Colleges of South Carolina, Chairman of the South Carolina Commission on Higher Education, President of Clemson University, President of the Medical

The Governor shall name the chairman who must not be a public official and who shall serve at the pleasure of the Governor.

The remaining ten trustees must be elected by the board of trustees from a list of nominees submitted by an ad hoc committee named by the chairman and composed of the members serving as elected trustees. The original elected trustees must be the same members serving as elected trustees on the authority's predecessor organization on January 1, 1983 2005, for the terms specified by the bylaws of the authority's predecessor. Each of the Congressional Districts of South Carolina shall have at least one of the ten trustees.

Terms of elected trustees are for four years, and half shall expire every two years. No elected trustee shall serve more than two consecutive four-year elected terms. Vacancies must be filled for the unexpired term in the manner of original appointment.

Ex officio trustees shall serve as long as they are elected or appointed to their respective offices. In the event of a vacancy of a public sector trustee, the person who temporarily performs the official's functions shall serve as an interim trustee until a new official is elected or appointed.

A vacancy occurs upon the expiration of the term of service, death, resignation, disqualification, or removal of any trustee.

The President of Clemson University, President of the Medical University of South Carolina, President of the University of South Carolina at Columbia, the Governor or his designee, and the chairman of the board of trustees, shall serve as the executive committee of the board of trustees. The executive committee by majority vote shall have the authority to implement recommendations and direct the executive director on policy decisions for the efficient day-to-day operations of the SCRA.

The executive committee shall appoint a business and science advisory board to include representatives from each research university, the venture capital industry, relevant industry leaders, and

No A trustee shall may not receive a salary for his services as a trustee; however, all shall must be reimbursed for actual expenses incurred in service to the authority.

The board shall annually shall submit a report to the General Assembly including information on all acts of the board of trustees together with a financial statement and full information as to the work of the authority.

The board shall hire a an executive director who of the SCRA who shall have direct administrative responsibility for the SCRD and the SCRIC. The executive director shall maintain through a designated agent accurate and complete books and records of account, custody, and responsibility for the property and funds of the authority and control over the authority bank account. The Director executive director, with the approval of the board, has the power to appoint officers and employees, to prescribe their duties, and to fix their compensation. The board of trustees shall select a reputable certified public accountant to audit the books of account at least once each year.

Regular meetings of the board of trustees must be held at such a time and place as the chairman may determine. Special meetings of the board of trustees may be called by the chairman when reasonable notice is given. /
Amend the bill further, Section 13-17-80 as contained in SECTION 1, is amended to read:
/   Section 13-17-80.   The board of trustees shall exercise the powers of the authority except where a power has been given to the executive committee by law or by delegation of authority by the board of trustees. A majority of the aggregate number of the members of the executive committee plus the elected members of the board who are not then serving on the executive committee shall constitute a quorum for the purpose of conducting business. All actions may be taken by a vote of a majority of trustees present unless the bylaws require a larger number. The board shall determine the number of personnel and their compensation and duties. /
Amend the bill further, by adding after Section 13-17-80 as contained in SECTION 1, the following:
/   Section 13-17-81.   As used in this chapter, 'research park' is defined as the Clemson Research Park located in Anderson County, the

(2)   After the initial three-year period, the State shall explore methods to provide additional funding until the innovation centers have a reasonable opportunity to become self-sustaining. These methods may include direct appropriation from the general fund, private donations, or other funds as necessary.

(3)   Notwithstanding the provisions contained in Section 73.18(A) of Part IB of the General Appropriations Bill for fiscal year 2004-2005, or any subsequent appropriations bills or other legislation, the land identified in Section 13-17-87(D)(1) and any additional real

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

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

The following Joint Resolution was taken up:

H. 3799 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM AND PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22086HTC05), which was adopted:
Amend the joint resolution, as and if amended, in SECTION 1, by adding at the end of SECTION 1: /   It is the intent of the General Assembly that agencies pursue grants and other nonstate funding sources to fund their portion of the SCEIS implementation./ So that when amended, SECTION 1 reads:
/   SECTION   1.   Each state agency may establish a special account for the purpose of funding the agency's nonrecurring implementation expenses of the South Carolina Enterprise Information System (SCEIS). An agency may transfer into this account funds at the discretion of the agency head to be set aside and expended for the identified purpose. The total amount of funds transferred into the account cannot exceed the agency's implementation costs as projected by the SCEIS Project Team. The special account is exempt from the calculation of any mid-year budget reduction ordered by the State Budget and Control Board. Any unexpended balance in the special account may be carried forward to the succeeding fiscal year and expended for the same purposes. The Comptroller General shall

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

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

The following Bill was taken up:

H. 3813 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTIONS 25-1-3235 AND 25-1-3240, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD PENSION FUND AND ELIGIBILITY FOR THE NATIONAL GUARD PENSION AND THE ADMINISTRATION OF PENSIONS FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO ESTABLISH THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE NATIONAL GUARD PENSION FUND AND PROVIDE FOR THE INVESTMENT OF ITS FUNDS AS THE FUNDS OF OTHER STATE RETIREMENT FUNDS ARE INVESTED, PROVIDE FOR THE ADMINISTRATION OF THOSE PENSIONS BY THE RETIREMENT SYSTEM OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE FOR THE EXPENSES OF ADMINISTRATION TO BE PAID FROM EARNINGS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20398HTC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:

Section 9-10-10.   As used in this chapter, unless a different meaning is plainly required by the context:

(1)   'Board' or 'board' means the State Budget and Control Board, acting pursuant to the provisions of this chapter through its Division of Retirement Systems.

(2)   'Director' means the Director of the National Guard Retirement System.

(3)   'System' or 'system' means the National Guard Retirement System established pursuant to this chapter.

Section 9-10-20.   (A)   A retirement system is established to provide pension benefits for members of the National Guard of South Carolina who became members of the National Guard of South Carolina before July 1, 1993. This retirement system has the powers and privileges of a corporation and must be known as the National Guard Retirement System. By this name all of its business must be transacted, all of its funds invested, and all of its cash, securities, and other property held.

(B)   The general administration and responsibility for the proper operation of the system and for making effective the provisions of this chapter are vested in the board.

(C)   There is created an office of Director of the National Guard Retirement System. The Director of the South Carolina Retirement System shall serve as director.

(D)   The board shall engage the actuarial and other services as required to transact the business of the system.

(E)   The board shall designate an actuary to be the technical advisor of the board on matters regarding the operation of the system and who shall perform other duties as are required in connection with the system.

(F)   At least once in each five year period following July 1, 2006, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the participants of the system and make a valuation of the contingent assets and liabilities of the system. The board, after taking into account the results of these investigations and valuations, shall adopt for the system the mortality, service, and other tables as are necessary.

(G)   On the basis of regular interest and tables last adopted by the board, the actuary shall make a valuation of the contingent assets and liabilities of the system at least every other year.

(H)   The board shall keep in convenient form the data as necessary for the actuarial valuation of the contingent assets and liabilities of the system and for checking the experience of the system.

(I)     Subject to the limitations of this chapter, the board shall establish regulations for the administration of the system and for the transaction of business.

(J)   The board shall keep a record of all its proceedings under this chapter, which must be open to public inspection. Notwithstanding any other provisions of law governing the system, all persons employed by the board and the expenses of the board to carry out the provisions of this chapter must be paid from the interest earnings of the system.

Section 9-10-30.   Every member of the National Guard of South Carolina who became a member of the National Guard of South Carolina before July 1, 1993, and meets the requirements set forth in this section shall receive from the National Guard Retirement System, commencing at age sixty, a pension of fifty dollars a month for twenty years creditable military service with an additional five dollars per month for each additional year of creditable military service. However, the total pension may not exceed one hundred dollars a month. The requirements for the pension are that each member shall have:

(1)   served and qualified for at least twenty years creditable military service, including National Guard, reserve, and active duty, under the same requirement specified for entitlement to retired pay for nonregular service under Chapter 67, Title 10, United States Code;

(2)   at least fifteen years of the service described in item (1) of this subsection as a member of the National Guard of South Carolina with the final or last ten years of service immediately before retirement in the National Guard of South Carolina;

(3)   received an honorable discharge from the National Guard of South Carolina.

Section 9-10-40.   (A)   Payment to a retired member of the National Guard of South Carolina pursuant to this chapter ceases at the death of the individual and no payment may be made to beneficiaries or to the decedent's estate.

(B) No individual receiving retired pay as a result of length of service, age, or physical disability retirement from any of the regular components of the Armed Forces of the United States are eligible for benefits under this chapter.

Section 9-10-50.   (A)   Nothing contained in this chapter precludes or in any way affects the benefits that an individual may be entitled to from state, federal, or private retirement systems.

(B)   Benefits paid pursuant to this chapter are exempt from the South Carolina income tax.

Section 9-10-60.   (A)   Notwithstanding any other provision of this chapter, a person who becomes a member of the National Guard of South Carolina after June 30, 1993, is ineligible to receive the pension authorized by this chapter.

(B)   Persons with a break in service remain eligible for pension benefits under this chapter if the person was a member of the National Guard of South Carolina before July 1, 1993.

(C)(1)   The board is the trustee of the National Guard Retirement System and may invest and reinvest its funds in the same manner as funds of the South Carolina Retirement System are invested and reinvested pursuant to Section 9-1-1310.

(2)   Except as otherwise provided in this chapter, a member of or person employed by the board may not have a direct interest in the gains or profits of any investment made by the board. A member of the board or employee of the board may not, directly or indirectly, for himself or as an agent in any manner use the funds of the system except to make the current and necessary payments authorized by the board; nor shall any member or employee of the board become an endorser or surety, or in any manner an obligor, for monies loaned or borrowed from the board.

(D)   The General Assembly annually shall appropriate sums sufficient to establish and maintain the National Guard Retirement System on a sound actuarial basis as determined by the State Budget and Control Board.

(E)   Assets and funds of the National Guard Retirement System must be used to pay obligations to persons entitled to receive benefits under this chapter and may not be diverted or used for any other purpose.

Section 9-10-70.   All property owned or acquired by the system for the purposes of this chapter is exempt from all taxes imposed by the State or any political subdivision of the State.

Section 9-10-80.   (A)   The State Treasurer is the custodian of the funds of the National Guard Retirement System. All payments from the funds must be made by him only upon vouchers signed by two persons designated by the board. No voucher may be drawn unless it has previously been authorized by resolution of the board.

(B)   For the purpose of meeting disbursements for retirement allowances and other payments, there may be kept available cash, not exceeding ten percent of the total funds of the National Guard Retirement System, on deposit with the State Treasurer."
SECTION   2.   Section 9-1-310 of the 1976 Code is amended to read:

"Section 9-1-310.   The administrative cost of the South Carolina Retirement System, the South Carolina Police Officers Retirement System, the Retirement System for members of the General Assembly of the State of South Carolina, and the Retirement System for Judges and Solicitors of the State of South Carolina, and the National Guard Retirement System shall must be funded from the interest earnings of the above systems. The allocation of the administrative costs of the systems shall must be made by the State Budget and Control Board and shall must be based upon a proration of such the cost in proportion to the assets that each system bears to the total assets of all of the systems for the most recently completed fiscal year."
SECTION   3.   Items (4), (6), (7), and (8) of Section 9-21-20 of the 1976 Code, as added by Act 12 of 2003, are amended to read:

"(4)   'Director' means the Director of the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, and the Retirement System for Judges and Solicitors, and the National Guard Retirement System.

(6)   'Member' means a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, the State Optional Retirement Program, the National Guard Retirement System, or a person claiming the status and entitlements of a 'member'.

(7)   'Member's designated beneficiary' or 'beneficiary' means a person designated by a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, or the Retirement System for Judges and Solicitors, or the State Optional Retirement Program, to receive a benefit from the retirement systems or a person claiming the status and entitlements of a 'member's designated beneficiary'.

(8)   'South Carolina Retirement Systems' or 'retirement systems' means the division of the board administering the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, and the

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

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

The following Concurrent Resolution was taken up:

S. 739 (Word version) -- Senators Hawkins and Reese: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY MISS SOUTH CAROLINA 2001".

Rep. WALKER moved to adjourn debate on the Resolution until Tuesday, April 26, which was agreed to.

The following Concurrent Resolution was taken up:

H. 3860 (Word version) -- Reps. Hayes, Witherspoon, Viers, Barfield, Frye, Miller, Rhoad, Hardwick, Battle, Ceips, Townsend, Vick, Coates and Duncan: A CONCURRENT RESOLUTION TO EXPRESS THE CONCERN OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY THAT PROPOSED CUTS IN FEDERAL FARM PROGRAMS BEING CONSIDERED AS PART OF THE FISCAL YEAR 2006 FEDERAL BUDGET WOULD PLACE A DISPROPORTIONATE BURDEN OF DEFICIT REDUCTION ON THE SHOULDERS OF OUR NATION'S FARM FAMILIES AND

Whereas, in the Congressional Budget Resolutions for fiscal year 2006 and in the Administration's proposed 2006 budget, severe cuts in vital farm programs are being considered or are proposed; and

Whereas, the agricultural economy is relatively healthy, thanks in large part to the stability provided by the 2002 farm bill, the federal crop insurance program, and other farm programs, and has contributed to the overall economic recovery of our nation; and

Whereas, the 2002 farm bill is a comprehensive safety net written to last through 2007 and acts as a fiscally responsible alternative to ad hoc assistance that is required when such a safety net is not in place. In addition to the fact that the 2002 farm bill was a fiscally responsible alternative when it was written and passed, it has since contributed significantly to budget savings, by spending approximately seventeen billion dollars under projections; and

Whereas, the national agricultural budget is roughly one half to one percent of the total federal budget yet helps sustain an industry that is responsible for fifteen percent of our nation's gross domestic product, twenty-five million jobs, and a supply of food and fiber that is the safest, most abundant and most affordable in the world; and

Whereas, the federal farm programs act as a multi-year contract upon which hundreds of thousands of farm families across the United States make their business and investment plans. The stability provided by these 2002 farm programs has allowed for unprecedented growth in farm income and spending. To renege on this contract would be unwise and also would be unfair to the many who have made long range farming decisions through 2007 and beyond; and

Whereas, change can come quickly and drastically, and any reduction to the federal budget for agriculture that might weaken the

Whereas, negotiations to reduce and equalize worldwide agricultural subsidies and tariffs are ongoing and until these negotiations are complete it would be very unwise to change United States farm policy; and

Whereas, United States farmers currently operate at a severe disadvantage in the world market relative to farmers in the European Union, which subsidizes farmers six times greater than the United States and other countries where agricultural production is protected by an average worldwide tariff of sixty-two percent, compared with the average United States tariff of twelve percent; and

Whereas, for all of the above reasons, the General Assembly of South Carolina memorializes the Congress in the name of deficit reduction not to adversely affect existing United States farm policy through significant budgetary reductions in current farm programs. Now, therefore,

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

That the members of the South Carolina General Assembly express concern that proposed cuts in federal farm programs being considered as part of the fiscal year 2006 federal budget would place a disproportionate burden of deficit reduction on the shoulders of our nation's farm families and rural communities, and request the Congress of the United States to preserve current farm programs and maintain the commitments made to American farm families, rural communities, and low income families under existing United States farm policy.

Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.

The Concurrent Resolution was adopted and sent to the Senate.

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

Rep. HARRELL for the Committee on Ways and Means submitted a favorable report with amendments.
Reps. COBB-HUNTER and KENNEDY for the minority, submitted an unfavorable report on:

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

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3885 (Word version) -- Reps. Hagood, Scarborough, Limehouse, Anderson, Dantzler, Cotty, Brady, Taylor, Perry, R. Brown, Cobb-Hunter and Harrell: 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

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3932 (Word version) -- Reps. Harrell and Wilkins: A BILL TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, 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, 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.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING PRINCIPALS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3742 (Word version) -- Reps. Harrell, Toole, Haley, Ballentine, Miller, Cobb-Hunter, Ott, J. H. Neal, Anthony, Phillips, Coleman, Battle, E. H. Pitts, Merrill, Hinson, Huggins, Frye, Clark, Duncan, Bingham, Thompson and Ceips: A BILL TO AMEND SECTION 11-35-1524, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENT VENDOR PREFERENCE FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REPLACE THIS PREFERENCE WITH A BEST-VALUE ANALYSIS OF BIDS FOR THE PURPOSE OF PROMOTING PRODUCTS MADE, MANUFACTURED, AND GROWN IN SOUTH CAROLINA AND FOR THE PURPOSE OF PROMOTING SERVICES PROVIDED BY WORKERS RESIDING IN THIS STATE AND END-PRODUCTS AVAILABLE FROM RESIDENT VENDORS.
Ordered for consideration tomorrow.

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

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3453 (Word version) -- Reps. Limehouse, Altman, Barfield, Bailey, Rice, Scarborough, Wilkins, Owens, Clemmons and Hagood: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND OF THE COMBINED VALUE OF A WATERCRAFT AND ITS MOTOR, IF TAXED SEPARATELY, TO LIMIT TO ONE THOUSAND FIVE HUNDRED DOLLARS THE PROPERTY TAX DUE ON THE

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3301 (Word version) -- Reps. Vaughn, Cotty, Leach, Clyburn, Whipper, Pinson, Phillips, E. H. Pitts, Davenport, Chellis, Tripp, Townsend, Harrison, Viers, Haskins, Frye, Hamilton, Hardwick, Herbkersman, Loftis, M. A. Pitts, Sandifer, Sinclair, D. C. Smith, J. R. Smith, Stewart, Toole and Witherspoon: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR THE PERSON OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3305 (Word version) -- Reps. J. E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J. H. Neal, Neilson, Toole, Viers, Harrell, Ceips, Duncan and Walker: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3724 (Word version) -- Reps. Funderburk, G. M. Smith, Lucas, Ott, Bales, Cobb-Hunter, Frye, Hardwick, Harvin, McLeod, J. H. Neal, Weeks, Herbkersman and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 31-

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3725 (Word version) -- Reps. Hinson, Merrill, Altman, Clyburn, Dantzler, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G. R. Smith, J. R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J. E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E. H. Pitts, Scarborough, Sinclair, D. C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady and R. Brown: A BILL TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, ALL FEES COLLECTED PURSUANT TO THE PROVISIONS CONTAINED IN THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE, SO AS TO PROVIDE THAT THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3523 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

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

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

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

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3906 (Word version) -- Reps. Harrell, Bales and Neilson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE ALTERNATE QUALIFICATIONS FOR THE SCHOLARSHIP.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3673 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE

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

H. 3621 (Word version) -- Reps. Altman, Ceips, Limehouse, Scarborough, Scott and Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED NOT MORE THAN FOUR TIMES IN A CALENDAR YEAR BY A CHARITABLE, RELIGIOUS, COMMUNITY-SERVICE, EDUCATION-RELATED, OR FRATERNAL ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION IN WHICH ALL RAFFLE PROCEEDS EXCEPT FOR THE COSTS OF PRIZES AND THE COSTS OF PRINTING TICKETS ARE USED EXCLUSIVELY FOR THE ORGANIZATION'S TAX EXEMPT PURPOSES IS NOT A LOTTERY PROHIBITED BY THE CONSTITUTION OF THIS STATE.
Ordered for consideration tomorrow.

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

H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M. A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D. C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E. H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING

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

H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.
Ordered for consideration tomorrow.

H. 3650 (Word version) -- Reps. W. D. Smith, Hagood and McLeod: A BILL TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.
Ordered for consideration tomorrow.

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

H. 3222 (Word version) -- Reps. Leach, Hinson, Cobb-Hunter, E. H. Pitts and Ceips: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.
Ordered for consideration tomorrow.

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

H. 3344 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF PROPERTY, MONIES, NEGOTIABLE INSTRUMENTS, SECURITIES, AND OTHER THINGS OF VALUE WHEN A

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

H. 3777 (Word version) -- Reps. Ceips, Loftis, Breeland, Scott, Whipper, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin, Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J. H. Neal, Perry, M. A. Pitts, Rivers, Scarborough, Simrill, Toole and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.

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

H. 3613 (Word version) -- Reps. Kirsh and Sandifer: A BILL TO AMEND CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT THE "COMMON SENSE CONSUMPTION ACT", TO DEFINE THE TERMS "PARTY" AND "LONG-TERM CONSUMPTION", AND TO PROVIDE THAT A MANUFACTURER, PACKER, DISTRIBUTOR, CARRIER, HOLDER, MARKETER, SELLER, OR AN ASSOCIATION OF ONE OR MORE OF THESE ENTITIES IS

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3405 (Word version) -- Reps. Mahaffey, J. Brown, Howard, Hosey, Kennedy, M. Hines, Townsend, Anthony, Breeland, Cato, Dantzler, Emory, Hardwick, Hayes, Herbkersman, Jefferson, Jennings, Leach, J. M. Neal, Owens, M. A. Pitts, Rivers, Sinclair, Toole, Umphlett, Vaughn, Witherspoon, Young and Miller: A BILL TO AMEND SECTION 40-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF PODIATRISTS, SO AS TO REVISE THE DEFINITION OF "PODIATRY" AND TO DEFINE "PRACTICE OF PODIATRY".
Ordered for consideration tomorrow.

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

H. 3950 (Word version) -- Reps. E. H. Pitts and Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PHASE IN OVER FOUR YEARS AN EXEMPTION FROM SALES TAX OF THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.
Referred to Committee on Ways and Means

H. 3952 (Word version) -- Rep. Stewart: A BILL TO AMEND SECTION 50-11-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST HUNTING FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY, SO AS TO FURTHER DEFINE THE TERM HUNTING AND CERTAIN OTHER TERMS FOR PURPOSES OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

The following Bill was taken up:

S. 320 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM FORTY MILLION TO SIXTY MILLION DOLLARS.

Rep. NEILSON explained the Bill.

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

Those who voted in the affirmative are:

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

Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hines, J.
Hines, M.              Hinson                 Hiott
Hosey                  Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Lee                    Limehouse
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McLeod
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 Pitts, E.H.            Pitts, M.A.
Rhoad                  Rice                   Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sinclair               Skelton
Smith, D.C.            Smith, G.M.            Smith, G.R.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

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

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

H. 3297 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX,

Rep. LITTLEJOHN explained the Bill.

H. 3580 (Word version) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks, Phillips, Rhoad, Rice, Simrill, D. C. Smith, G. R. Smith, J. E. Smith, Taylor, Townsend, Umphlett, Witherspoon, Talley and McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR MEMBERS OF THE STATE GUARD AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.

Rep. LITTLEJOHN explained the Bill.

The following Bill was taken up:

H. 3768 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR SALES AND USE TAXES ON BEER AND WINE; BY ADDING SECTION 12-28-1400 SO AS TO REQUIRE THE REPORTING THE DEPARTMENT OF REVENUE REQUIRES BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; BY ADDING CHAPTER 55 TO TITLE 12, ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10793MM05), which was tabled:
Amend the bill, as and if amended, SECTION 38, as contained on page 27, line 22, by deleting / five hundred one thousand / and inserting / five hundred /.
Renumber sections to conform.
Amend title to conform.

The Ways and Means Committee proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10794MM05), which was tabled:
Amend the bill, as and if amended, SECTION 6, as found on pages 8 and 9, and SECTION 34, as found on page 25, by deleting SECTION 6 and SECTION 34 in their entirety.
Renumber sections to conform.
Amend title to conform.

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

The Ways and Means Committee proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10775MM05), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/ SECTION   1.A.   Section 12-36-140(C)(3), as added by Act 387 of 2000, is amended to read:

"(3)   for the purpose of being distributed as (i) cooperative direct mail promotional advertising materials, or (ii) promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus who are exempt from income taxation pursuant to Internal Revenue Code Section 501(c) by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."
B.   Section 12-36-2120(58) of the 1976 Code, as added by Act 387 of 2000, is amended to read:

"(58)   cooperative direct mail promotional advertising materials and promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus

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

The Ways and Means Committee proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\10825MM05), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/ SECTION   1.A.   Section 12-36-140(C)(3), as added by Act 387 of 2000, is amended to read:

"(3)   for the purpose of being distributed as (i) cooperative direct mail promotional advertising materials, or (ii) promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus who are exempt from income taxation pursuant to Internal Revenue Code Section 501(c) by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."

"(58)   cooperative direct mail promotional advertising materials and promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus who are exempt from income taxation pursuant to Internal Revenue Code Section 501(c) delivered at no charge by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material."
C.   This section takes effect for tax years beginning after 2005, but does not authorize or permit refunds of taxes paid. /
Amend the bill further, SECTION 6, as found on pages 8 and 9, and SECTION 34, as found on page 25, by deleting SECTION 6 and SECTION 34 in their entirety.
Amend the bill further, SECTION 38, as contained on page 27, line 22, by deleting / five hundred one thousand / and inserting / five hundred /.
Renumber sections to conform.
Amend title to conform.

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

Reps. CHELLIS and KIRSH proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\10819MM05), which was adopted:
Amend the bill, as and if amended, Section 12-28-1400(A) as found in SECTION 2, page 5, lines 36-41, by deleting subsection (A) in its entirety and inserting:

/ All information required to be reported in this chapter must be used in the tracking of petroleum products and must be submitted in the manner provided by the department. The requirements may include, but not be limited to, the data elements, the format of the data elements, and the method and medium of transmission to the department. /

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

Rep. KIRSH proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\10828MM05), which was adopted:
Amend the bill, as and if amended, Section 33A, as found on page 24, beginning at line 30 and ending at line 41, by deleting SECTION 33A in its entirety.
Amend the bill further, SECTION 46 as found on page 30, lines 23-24, by deleting SECTION 46 in its entirety.
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10774MM05), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION   __.   A.   Chapter 58 of Title 12 of the 1976 Code is amended by adding:

"Section 12-58-190.   (A)   An officer or employee of the department may not deny a refund or delay the issuance of the department's order to the State Treasurer to pay a refund that has been determined to be due because the department is auditing or planning an audit of the taxpayer for a different tax or different tax period. This

(B)   A person violating subsection (A) is subject to disciplinary action in accordance with the department's procedure, including dismissal from office of discharge from employment."
B.   Section 12-58-170 of the 1976 Code is repealed.
SECTION   __.   A.   Section 12-54-43 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding at the end:

"(L)   If a taxpayer asserts a value for property used in, or owned by, a business for property tax purposes that is fifty percent or more below the property's property tax value, there must be added to the tax an amount equal to the fifty percent of the underpayment which would have resulted if the value asserted had been accepted."
B.   This SECTION takes effect upon approval by the Governor and is applicable for tax years beginning after December 31, 2005.
SECTION   __.   A.   Chapter 35, Title 11 of the 1976 Code is amended by adding:

Section 11-35-5510.   (A)   A governmental body or political subdivision may not contract to purchase tangible personal property, and a person may not contract to sell tangible personal property to a governmental body or political subdivision unless, before or upon entering into the contract, and during the term of the contract, the person contracting to sell the tangible personal property is licensed with the South Carolina Department of Revenue and agrees to remit sales and use tax pursuant to Chapter 36 of Title 12. The provisions of this section apply to all sellers, including nonresident sellers who may not be legally obligated to collect and remit the sales and use tax.

(B)   The licensing requirement of subsection (A) does not apply:

(1)   if all sales of tangible personal property by the person to governmental bodies, political subdivisions, or residents or businesses in this state are exempt from the sales and use tax pursuant to Section 12-36-2120; or,

(2)   to an affiliate of the person contracting with a governmental body or political subdivision if that affiliate is not selling tangible personal property to a governmental body, political subdivision, or a
resident or business in this state.

(C)   The provisions of this section do not apply:

(1)   if the State Budget and Control Board finds that it is in the best interest of the State not to enforce the provisions of this section with respect to a specific contract; or

(2)   if the Governor, after declaring a state of emergency, finds that it is in the best interest of the State not to enforce the provisions of this section in order directly to provide timely assistance with respect to the declared emergency.

(D)   As used in this section:

(1)   'person' has the meaning provided in Section 12-36-30 and includes every affiliate of the person contracting with a governmental body or political subdivision;

(2)   'affiliate' includes any person that bears a relationship, as set forth in Internal Revenue Code Section 267, to the person entering into a contract, or under contract, with the governmental body or political subdivision; and,

(3)   'tangible personal property' has the meaning provided in Section 12-36-60.

(E)   The State Budget and Control Board shall enforce the provisions of this section and may require governmental bodies and political subdivisions to incorporate within all contracts to purchase tangible personal property penalties that must be imposed upon the person contracting with the governmental body or political subdivision for failure to comply with this section.

(F)   Failure of the person contracting with a governmental body or political subdivision to comply with the provisions of this section allows the governmental body or political subdivision, at its discretion, immediately to void the contract, and impose any penalties established under this chapter or by contract for failure of the person to comply with the law. Any penalties imposed pursuant to this section must not be passed on to the governmental body or political subdivision."
B.   This section takes effect upon approval by the Governor and applies for procurements beginning on or after that date.
SECTION   __.   Section 6-32-40(C)(3) of the 1976 Code, as added by Act 227 of 2004, is amended to read:

"(3)   The credit earned pursuant to this subsection by a general partnership, limited partnership, limited liability company, or any other entity taxed as a partnership pursuant to Subchapter K of the Internal Revenue Code must be passed through to its partners and may be allocated among any of its partners, including without limitation, an allocation of the entire credit to one partner, in a any manner agreed by the partners that is consistent with Subchapter K of the Internal

"(1)   If a person presents a conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds for filing or recording, the clerk of court or the register of deeds may refuse to accept the document for filing or recording if he reasonably believes that the conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent or is a sham legal process. However, if the person presenting the conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds resubmits the document within ten business days after the refusal with a sworn, written affidavit asserting the validity of the document and establishing the identity, mailing address, and phone number of all parties connected to the document, the clerk of court or register of deeds must accept the document for filing. Within thirty days of a written notice of such refusal, the person presenting the document may commence a suit in a state court of competent jurisdiction requiring the clerk of court or the register of deeds to accept the document for filing.

(2)   If the clerk of court or the register of deeds reasonably believes that a conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent, or is a sham legal process, or was not issued by a court of competent jurisdiction or appropriate government entity, the clerk of court or the register of deeds may remove the conveyance, mortgage, judgment, lien, contract, or other document from the public records after mailing giving thirty days written notice to the person on whose behalf the document was filed at the return address provided in the document and allowing at least ten business days for a response through the form of a sworn, written affidavit asserting the validity of the document and establishing the identity, mailing address, and phone number of all parties connected to the document. If a sworn, written affidavit is received by the clerk of court or register of deeds from the person on whose behalf the document was filed, the conveyance, mortgage, judgment, lien, contract, or other document must be accepted for filing. Within thirty days written notice of the proposed removal, the person providing the notice may commence a suit in a state court of competent jurisdiction

"(iii)     tangible personal property replacing defective parts under written warranty contracts if:

(A)   the warranty, maintenance, service, or similar contract is given without charge, at the time of original purchase of the defective property, or the tax was paid on the sale or renewal of warranty, maintenance, or similar service contract for tangible personal property of which the defective part was a component, whether or not such contract was purchased in conjunction with the sale of tangible personal property,

(B)   in the case of a warranty, maintenance, service, or similar contract that is given without charge at the time of original purchase of the defective property, the tax was paid on the sale of the defective part or on the sale of the property of which the defective part was a component, and

(C)   the warrantee is not charged for any labor or materials,"
B.   Section 12-36-910(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item at the end to read:

"( )   gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property."
C.   Section 12-36-1310(B) of the 1976 Code, as last amended by Act 334 of 2002, is further amended by adding an appropriately numbered item at the end to read:

"( )   gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible personal property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property."
D.   This section takes effect the first day of the fourth month after the approval of the Governor.
SECTION   __.   A.   Section 12-54-250 of the 1976 Code, as last amended by Act 363 of 2002, is further amended by adding at the end:

"(F)(1)   A tax return preparer who prepares one hundred or more returns for a tax period for the same tax year shall submit all returns and make all payments associated with those returns by electronic means where electronic means are available. Where electronic means

(2)   The department shall include a notice of this requirement in its form instructions and in the forms area of its website.

(3)   For the purposes of this subsection, tax return preparer means the business entity and not the individual location or individual completing the return.

(4)   If compliance with this section is a substantial financial hardship, a tax return preparer may apply in writing to the department to be exempted from these requirements. The department may grant an exemption for no more than one year at a time.

(5)   A person who fails to comply with the provisions of this section must be penalized in an amount to be assessed by the department equal to fifty dollars for each return."
B.   This section takes effect upon approval by the Governor for tax years beginning on or after January 1, 2006.
SECTION   __.   A.   Section 12-6-5060 of the 1976 Code, as last amended by Act 308 of 2004, is further amended to read:

"Section 12-6-5060.   (A)   Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina established pursuant to Section 20-7-5010, the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, the First Steps to School Readiness Fund established pursuant to Section 20-7-9740, or the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 25, the Gift of Life Trust Fund of South Carolina established pursuant to Section 44-43-1310, the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25, the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP program, the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65, or the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides, or the South Carolina Military Family Relief Fund

(B)   All South Carolina individual income tax return forms must contain a designation for the above contributions. The instructions accompanying the income tax form must contain a description of the purposes for which the funds were established and the use of monies from the income tax contribution.

(C)   The department shall determine and report at least annually to the appropriate agency administering the fund or in the case of the Children's Trust Fund to the fund the total amount of contributions designated to the above funds. The department shall transfer the appropriate amount to each fund at the earliest possible time. The incremental cost of administration of the contribution must be paid out of retained by the department from the contributions before any funds are expended as provided in this section.

(D)   The Department of Natural Resources shall make a report to the General Assembly as early in January of each year as may be practicable, which must include the amount of revenue produced by the contributions and a detailed accounting of expenditures from the Nongame Wildlife and Natural Areas Fund.

(E)   For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33.

(F)   Revenues from the South Carolina Litter Control Enforcement Program Fund and the South Carolina Law Enforcement Assistance Program Fund carry forward into succeeding fiscal years and earnings of the funds must be credited to them."
B.   Sections 12-6-5065, 12-6-5070, 12-6-5080, 12-6-5085, and 12-6-5090 are repealed.
SECTION   __.   A.   Section 12-6-1130 of the 1976 Code, as last amended by Act 363 of 2002, is further amended by adding appropriately numbered items at the end to read:

"( )(a)   A deduction is not allowed a person for the accrual of an expense or interest if the payee is a related person and the payment is not made in the taxable year of accrual or before the payer's income tax return is due, without regard to extensions, for the taxable year of accrual. Except as provided in subitem (b), deductions disallowed pursuant to this section are allowed when the payment is made. The

(b)   Notwithstanding subitem (a), an interest deduction is not allowed for the accrual or payment of interest on obligations issued as a dividend or paid instead of paying a dividend. This interest must be treated as a dividend to the debtor's shareholders when it is paid, and if the holder of the obligation is not a shareholder at that time, a payment from the shareholders to the holder at that time.

(c)   For purposes of this item, a related person includes a person that bears a relationship to the taxpayer as described in Section 267 of the Internal Revenue Code.

( )   The dividend distribution deduction allowed pursuant to Internal Revenue Code Section 857 or otherwise deductible pursuant to IRC Section 858 or 860 is modified as follows:

(a)   A dividend distribution deduction is allowed only for dividends paid by a publicly traded REIT. A qualified REIT subsidiary is allowed a dividend distribution deduction if its owner is a publicly traded REIT.

(b)   Income generated from real estate contributed or sold to a REIT by a shareholder or related party may not give rise to a dividend distribution deduction, unless the shareholder or related party would have received the dividend distribution deduction pursuant to this chapter.

(c)   A corporation receiving a dividend from a REIT is not allowed the dividends received deduction pursuant to Section 243 of the Internal Revenue Code.

(d)   Any REIT not allowed the dividend distribution deduction pursuant to the federal Internal Revenue Code is not allowed a dividend distribution deduction pursuant to this chapter.

(e)   For purposes of this item, a related party includes a person who bears a relationship to the taxpayer as provided in Section 267 of the Internal Revenue Code."
B.   This SECTION takes effect upon approval by the Governor and applies to taxable years beginning after 2005.
SECTION   __.   A.1.   Chapter 2, Title 61 of the 1976 Code is amended by adding:

"Section 61-2-136.   Notwithstanding another provision of law, a currently licensed beer and wine wholesaler or currently licensed

2.   This section takes effect on the first day of the third month following approval by the Governor.
B.   Section 61-2-100 of the 1976 Code, as last amended by Act 442 of 1998, is further amended by adding appropriately numbered subsections at the end to read:

"(I)   The department may not issue a wholesale beer and wine permit pursuant to this title unless the applicant is a legal resident of the United States, and has been a legal resident of this State and has maintained his principal place of abode in this State for at least thirty days before the date of the application.

(J)   A misstatement or concealment of fact on an application for a license or permit pursuant to this title is sufficient grounds for the department to deny the application and to revoke a license or permit issued based on an application containing a misstatement or concealment of fact."
C.   Section 61-2-160 of the 1976 Code, as last amended by Act 415 of 1996, is further amended to read:

"Section 61-2-160.   No A license or permit under pursuant to the provisions of this title may must not be issued, renewed, or transferred unless the department and the Internal Revenue Service determine determines that the applicant does not owe the state or federal government State delinquent taxes, penalties, or interest. If the department or the Internal Revenue Service determine determines that delinquent taxes, penalties, or interest are due, the department must shall notify the applicant of the necessary requirements to comply with this section."
D.   Section 61-4-10 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-10.   All beers, ales, porter, and other similar malt or fermented beverages containing not in excess of five fourteen percent of alcohol by weight and all wines containing not in excess of twenty-one percent of alcohol by volume are declared to be nonalcoholic and nonintoxicating beverages."
E.   Section 61-4-520 of the 1976 Code is amended to read:

"Section 61-4-520.   No A retail permit authorizing the sale of beer or wine may must not be issued unless:

(1)   The applicant, any a partner, or co-shareholder of the applicant, and each agent, employee, and servant of the applicant to be employed on the licensed premises are of good moral character.

(2)   The retail applicant is a legal resident of the United States, has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application.

(3)   The wholesale applicant is a legal resident of the United States and has been a legal resident of this State for at least thirty days before the date of application and has maintained his principal place of abode in the State for at least thirty days before the date of application or has been licensed previously under the laws of this State.

(4)   The applicant, within two years before the date of application, has not had revoked a beer or a wine permit issued to him.

(5)(4)   The applicant is twenty-one years of age or older.

(6)(5)   The location of the proposed place of business of the applicant is in the opinion of the department a proper one.

(7)(6)   The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches. This item does not apply to locations licensed before April 21, 1986.

(8)(7)(a)   Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposed to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must:

(a)(i)   be in the legal notices section of the newspaper or an equivalent section if the newspaper has no legal notices section;

(b)(ii)   be in large type, covering a space of one column wide and at least two inches deep; and

(c)(iii)   state the type license applied for and the exact location of the proposed business.

(b)An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.

(9)(8)   Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a)   state the type of permit sought;

(b)   state where an interested person may protest the application;

(c)   be in bold type;

(d)   cover a space at least twelve inches high and eighteen inches wide;

(e)   be posted and removed by an agent of the division."
F.   Section 61-4-525 of the 1976 Code is amended to read:

"Section 61-4-525.   (A)   A person residing in the county in which a retail beer and wine permit is requested to be granted, or a person residing within five miles of the location for which a retail beer and wine permit is requested, may protest the issuance or renewal of the permit if he files a written protest setting forth:

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

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

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

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

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

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

(D)   A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a fine or penalty to include court costs."
G.   Section 61-6-1540(B) of the 1976 Code is amended to read:

"(B)   Retail dealers licensed under pursuant to the ABC Act may sell all wines in the stores or places of business covered by their

"Section 12-60-510.   (A)   Before a taxpayer may seek a contested case hearing before the Administrative Law Judge Division Court, he shall exhaust the prehearing remedy.

(1)   If a taxpayer requests a contested case hearing before the Administrative Law Judge Division Court within ninety days of the date of the proposed assessment without exhausting his prehearing remedy because he failed to file a protest with the department, the administrative law judge shall dismiss the action without prejudice. If the taxpayer failed timely to provide the department with the facts, law, and other authority supporting his position, he shall provide them to the department with the facts, law, and other authority he failed to present to the department earlier. The administrative law judge shall then remand the case to the department for reconsideration in light of the new facts or issues unless the department elects to forego the remand.

(2)   If a taxpayer fails to file a protest with the department within ninety days of the date of the proposed assessment, the taxpayer is in default, and the department must issue an assessment for the taxes. The assessment may be removed by the Administrative Law Court for good cause shown, and the matter may be remanded to the department.

(B)   Upon remand the department has thirty days, or a longer period ordered by the administrative law judge, to consider the new facts and issues and amend its department determination. The department shall issue its amended department determination in the same manner as the original. The taxpayer has thirty days after the date the department's amended determination was sent by first class mail or delivered to the taxpayer to again request a contested case hearing. Requests for a hearing before the Administrative Law Judge Division Court must be made in accordance with its rules. If the department fails to issue its amended department determination within thirty days of the date of the remand, or a longer period ordered by the administrative law judge, the taxpayer can again may request again a

"(A)   Section 12-60-1330.   Before a person may seek a determination by an administrative law judge under pursuant to Section 12-60-1320, he shall exhaust his prehearing remedy.

(1)   If a person requests a contested case hearing before the Administrative Law Judge Division Court within ninety days of the date of the denial or proposed suspension, cancellation, or revocation without exhausting his prehearing remedy because he failed to file a protest with the department, the administrative law judge shall dismiss the action without prejudice.

(2)   If the person failed to provide the department within the ninety day time period with the facts, law, and other authority supporting his position, he shall provide them to the department with the facts, law, and other authority he failed to present to the department earlier. The administrative law judge shall then remand the case to the department for reconsideration in light of the new facts or issues unless the department elects to forego the remand.

(3)   If a person fails to file a protest with the department within ninety days of the date of the denial or proposed suspension, cancellation, or revocation, the person is in default, and the department shall deny, suspend, cancel, or revoke the license or permit appropriate. The denial, suspension, cancellation, or revocation of the license or permit may be lifted by the administrative law court for good cause shown, and remand the matter to the department.

(B)   Upon remand the department has thirty days, or a longer period ordered by the administrative law judge, to consider the new facts and issues and amend its department determination. The department shall issue its amended department determination in the same manner as the original. The person has thirty days after the date the department's amended determination was sent by first class mail or delivered to the person to again request a contested case hearing. Requests for a hearing before the Administrative Law Judge Division Court must be made in accordance with its rules. If the department fails to issue its amended department determination within thirty days of the date of the remand, or a longer period ordered by the administrative

"Section 12-37-2890.   (A)   Upon request of the Department of Revenue, and after the time period for all appeals of any tax due is exhausted, the Department of Public Safety shall suspend the driver's license and vehicle registration of a person who fails to file and pay a motor carrier property tax on a vehicle, pursuant to this article. Before notification is sent to the Department of Public Safety, the Department of Revenue shall notify the delinquent taxpayer by letter of the pending suspension and of the steps necessary to prevent the suspension from being entered on the person's driving and registration records. The department shall allow thirty days for payment of taxes before notifying the Department of Public Safety to suspend the driver's license and vehicle registration.

(B)   Notwithstanding the provisions of Section 56-1-460, a charge of driving under suspension when the suspension is solely for failure to file and pay a motor carrier property tax or the reinstatement fee required for the property tax does not require proof of financial responsibility. A person is not subject to a custodial arrest solely for being under suspension pursuant to this section."
SECTION   __.   A.   Section 12-28-310 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"Section 12-28-310.   (A)   Subject to the exemptions provided in this chapter, a user fee of sixteen cents a gallon is imposed on:

(1)   all gasoline used or consumed for any purpose in this State; and

(2)   upon all diesel fuel used or consumed in this State in producing or generating power for propelling motor vehicles.

(B)   The user fee levied on motor fuel subject to the user fee pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the user fee. This section

(C)   The license user fee imposed by this section shall be in lieu is instead of all sales, use, or other excise tax which that may otherwise be imposed otherwise by any municipality, county, or other local political subdivision of the State."
B.   Section 12-28-330 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"Section 12-28-330.   The department shall consider considers it a rebuttable presumption, subject to proof of exemption under pursuant to Article 7 of this chapter, that all motor fuel subject to the user fee removed from a terminal in this State, or imported into this State other than by a bulk transfer within the bulk transfer terminal system or delivered into an end user's storage tank, is to be used or consumed in this State, in the case of gasoline, and is to be used or consumed on the highways in South Carolina this State in producing or generating power for propelling motor vehicles in the case of all other taxable motor fuel."
SECTION   __.   A.   Chapter 54 of Title 12 of the 1976 Code is amended by adding:

"Section 12-54-270.   A tax refund check that is returned to the Department of Revenue for an unknown, undeliverable, or insufficient address is unclaimed property pursuant to the provisions of Chapter 18 of Title 27, the Uniform Unclaimed Property Act."
B.   Section 27-18-20(10), of the 1976 Code, as last amended by Act 43 of 2001, is further amended to read:

"(10)   'Intangible property' includes:

(a)   monies, checks, drafts, deposits, interest, dividends, and income;

(b)   credit balances, customer overpayments, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances except that intangible property does not include trading stamps and electronic entries representing trading stamps which that are awarded to retail customers incident to the purchase of goods;

(c)   stocks and other intangible ownership interests in business associations;

(d)   monies deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;

(e)   amounts due and payable under the terms of insurance policies;

(f)   amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; and

(g)   tax refund checks issued by this State and returned to the Department of Revenue by the Post Office for an unknown, undeliverable, or insufficient address."
C.   Section 27-18-140 of the 1976 Code, as last amended by Act 264 of 1992, is further amended to read:

"Section 27-18-140.   (A)   Intangible property held for the owner by a court, state, or other government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.

(B)   Notwithstanding the provisions of subsection (A), tax refund checks as defined in Chapter 54 of Title 12 are presumed abandoned if unclaimed for a period of three months from the date the tax refund check was issued by the Department of Revenue.

(C)   This chapter does not apply to tax refund checks mailed to an owner, and not presented for payment, but not returned to the Department of Revenue by the Post Office for an unknown, undeliverable, or insufficient address."
D.   Section 27-18-180(A) of the 1976 Code is amended to read:

"(A)   A person holding property tangible or intangible property, that is presumed abandoned and subject to custody as unclaimed property under pursuant to this chapter, shall report to the administrator concerning the property as provided in this section. The action taken to report an unclaimed tax refund check to the administrator is not a violation of disclosure prohibitions described in Section 12-54-240."
E.   Section 12-6-5560 of the 1976 Code is repealed.
SECTION   __.   Section 12-54-46 of the 1976 Code is amended to read:

"Section 12-54-46.   (A)   An individual subject to withholding and required to supply information to his employer under pursuant to Chapter 8 of Title 12 who supplies a withholding exemption certificate which exceeds the number of exemptions to which he is entitled is liable for a penalty of not less than fifty five hundred dollars for each exemption claimed that exceeds the number to which he is entitled. The

(1)   refusing or failing to provide a withholding exemption certificate;

(2)   providing a withholding exemption certificate that claims he is exempt from withholding;

(3)   providing exemptions on a withholding exemption certificate exceeding the number of exemptions to which he is entitled; or

(4)   requesting a waiver from withholding to which he is not entitled.

(B)   An additional five hundred dollar penalty is imposed each January first that a violation is not corrected.

(C)   The penalty does not apply to an individual described in subsection (A) who has a change in family circumstances that makes his withholding exemption certificate inaccurate unless his employer or the department has informed him to revise his withholding exemption certificate."
SECTION   __.   Section 12-36-2610 of the 1976 Code, as last amended by Act 363 of 2002, is further amended to read:

"Section 12-36-2610.   When a sales or use tax return required by Section 12-36-2570 and Chapter 10 of Title 4 a local sales and use tax law administered and collected by the department on behalf of a local jurisdiction is filed and the taxes due on it are paid in full on or before the final due date, including any date to which the time for making the return and paying the tax has been extended pursuant to the provisions of Section 12-54-70, the taxpayer is allowed a discount as follows:

(1)   on taxes shown to be due by the return of less than one hundred dollars, three percent;

(2)   on taxes shown to be due by the return of one hundred dollars or more, two percent.

In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the department. The discount permitted a taxpayer under this section may not exceed three thousand dollars during any one state fiscal year. However, for taxpayers filing electronically, the discount may not exceed three thousand one hundred dollars. A person making sales into this State who cannot be required to register for sales and use tax under applicable law but who nevertheless voluntarily registers to collect and remit use tax on items of tangible personal property sold to customers in this State is entitled

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

The Ways and Means Committee proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10795MM05), which was tabled:
Amend the amendment, Section 12-6-1130 as found on pages 8 and 9, by deleting the section in its entirety.
Renumber sections to conform.
Amend title to conform.

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

The Ways and Means Committee proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10826MM05), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION   __.   A.   Chapter 58 of Title 12 of the 1976 Code is amended by adding:

"Section 12-58-190.   (A)   An officer or employee of the department may not deny a refund or delay the issuance of the department's order to the State Treasurer to pay a refund that has been determined to be due because the department is auditing or planning an audit of the taxpayer for a different tax or different tax period. This subsection does not prevent the issuance of an assessment, including a jeopardy assessment, pursuant to the Revenue Procedures Act.

(B)   A person violating subsection (A) is subject to disciplinary action in accordance with the department's procedure, including dismissal from office of discharge from employment."
B.   Section 12-58-170 of the 1976 Code is repealed.
SECTION   __.   A.   Section 12-54-43 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding at the end:

"(L)   If a taxpayer asserts a value for property used in, or owned by, a business for property tax purposes that is fifty percent or more below the property's property tax value, there must be added to the tax

Section 11-35-5510.   (A)   A governmental body or political subdivision may not contract to purchase tangible personal property, and a person may not contract to sell tangible personal property to a governmental body or political subdivision unless, before or upon entering into the contract, and during the term of the contract, the person contracting to sell the tangible personal property is licensed with the South Carolina Department of Revenue and agrees to remit sales and use tax pursuant to Chapter 36 of Title 12. The provisions of this section apply to all sellers, including nonresident sellers who may not be legally obligated to collect and remit the sales and use tax.

(B)   The licensing requirement of subsection (A) does not apply:

(1)   if all sales of tangible personal property by the person to governmental bodies, political subdivisions, or residents or businesses in this state are exempt from the sales and use tax pursuant to Section 12-36-2120; or,

(2)   to an affiliate of the person contracting with a governmental body or political subdivision if that affiliate is not selling tangible personal property to a governmental body, political subdivision, or a resident or business in this State.

(C)   The provisions of this section do not apply:

(1)   if the State Budget and Control Board finds that it is in the best interest of the State not to enforce the provisions of this section with respect to a specific contract; or

(2)   if the Governor, after declaring a state of emergency, finds that it is in the best interest of the State not to enforce the provisions of this section in order directly to provide timely assistance with respect to the declared emergency.

(D)   As used in this section:

(1)   'person' has the meaning provided in Section 12-36-30 and includes every affiliate of the person contracting with a governmental body or political subdivision;

(2)   'affiliate' includes any person that bears a relationship, as set forth in Internal Revenue Code Section 267, to the person entering

(3)   'tangible personal property' has the meaning provided in Section 12-36-60.

(E)   The State Budget and Control Board shall enforce the provisions of this section and may require governmental bodies and political subdivisions to incorporate within all contracts to purchase tangible personal property penalties that must be imposed upon the person contracting with the governmental body or political subdivision for failure to comply with this section.

(F)   Failure of the person contracting with a governmental body or political subdivision to comply with the provisions of this section allows the governmental body or political subdivision, at its discretion, immediately to void the contract, and impose any penalties established under this chapter or by contract for failure of the person to comply with the law. Any penalties imposed pursuant to this section must not be passed on to the governmental body or political subdivision."
B.   This section takes effect upon approval by the Governor and applies for procurements beginning on or after that date.
SECTION   __.   Section 6-32-40(C)(3) of the 1976 Code, as added by Act 227 of 2004, is amended to read:

"(3)   The credit earned pursuant to this subsection by a general partnership, limited partnership, limited liability company, or any other entity taxed as a partnership pursuant to Subchapter K of the Internal Revenue Code must be passed through to its partners and may be allocated among any of its partners, including without limitation, an allocation of the entire credit to one partner, in a any manner agreed by the partners that is consistent with Subchapter K of the Internal Revenue Code. As used in this subsection, the term 'partner' means a partner, member, or owner of an interest in the pass through entity, as applicable."
SECTION   __.   Section 30-9-30(B)(1) and (2) of the 1976 Code, as added by Act 385 of 1998, are amended to read:

"(1)   If a person presents a conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds for filing or recording, the clerk of court or the register of deeds may refuse to accept the document for filing or recording if he reasonably believes that the conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent or is a sham legal process. However, if the person presenting the conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the

(2)   If the clerk of court or the register of deeds reasonably believes that a conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent, or is a sham legal process, or was not issued by a court of competent jurisdiction or appropriate government entity, the clerk of court or the register of deeds may remove the conveyance, mortgage, judgment, lien, contract, or other document from the public records after mailing giving thirty days written notice to the person on whose behalf the document was filed at the return address provided in the document and allowing at least ten business days for a response through the form of a sworn, written affidavit asserting the validity of the document and establishing the identity, mailing address, and phone number of all parties connected to the document. If a sworn, written affidavit is received by the clerk of court or register of deeds from the person on whose behalf the document was filed, the conveyance, mortgage, judgment, lien, contract, or other document must be accepted for filing. Within thirty days written notice of the proposed removal, the person providing the notice may commence a suit in a state court of competent jurisdiction preventing the clerk of court or the register of deeds from removing the document."
SECTION   __.   A.   Section 12-36-90(1)(c)(iii) of the 1976 Code is amended to read:

"(iii)     tangible personal property replacing defective parts under written warranty contracts if:

(A)   the warranty, maintenance, service, or similar contract is given without charge, at the time of original purchase of the defective property, or the tax was paid on the sale or renewal of warranty, maintenance, or similar service contract for tangible personal property of which the defective part was a component, whether or not such contract was purchased in conjunction with the sale of tangible personal property,

(B)   in the case of a warranty, maintenance, service, or similar contract that is given without charge at the time of original purchase of the defective property, the tax was paid on the sale of the defective part or on the sale of the property of which the defective part was a component, and

(C)   the warrantee is not charged for any labor or materials,"
B.   Section 12-36-910(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item at the end to read:

"( )   gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property."
C.   Section 12-36-1310(B) of the 1976 Code, as last amended by Act 334 of 2002, is further amended by adding an appropriately numbered item at the end to read:

"( )   gross proceeds accruing or proceeding from the sale or renewal of warranty, maintenance, or similar service contracts for tangible personal property, whether or not such contracts are purchased in conjunction with the sale of tangible personal property."
D.   This section takes effect the first day of the fourth month after the approval of the Governor.
SECTION   __.   A.   Section 12-54-250 of the 1976 Code, as last amended by Act 363 of 2002, is further amended by adding at the end:

"(F)(1)   A tax return preparer who prepares one hundred or more returns for a tax period for the same tax year shall submit all returns and make all payments associated with those returns by electronic means where electronic means are available. Where electronic means are not available to file the return, but 2D barcode is available, the preparer must use 2D barcode. If a taxpayer submits a written request to the preparer that states a reason for his return to be filed by another means, the preparer may submit that return by another means. Preparers shall maintain these requests for the same period as they shall retain the return and submit copies to the department upon request.

(2)   The department shall include a notice of this requirement in its form instructions and in the forms area of its website.

(3)   For the purposes of this subsection, tax return preparer means the business entity and not the individual location or individual completing the return.

(4)   If compliance with this section is a substantial financial hardship, a tax return preparer may apply in writing to the department

(5)   A person who fails to comply with the provisions of this section must be penalized in an amount to be assessed by the department equal to fifty dollars for each return."
B.   This section takes effect upon approval by the Governor for tax years beginning on or after January 1, 2006.
SECTION   __.   A.   Section 12-6-5060 of the 1976 Code, as last amended by Act 308 of 2004, is further amended to read:

"Section 12-6-5060.   (A)   Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina established pursuant to Section 20-7-5010, the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, the First Steps to School Readiness Fund established pursuant to Section 20-7-9740, or the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 25, the Gift of Life Trust Fund of South Carolina established pursuant to Section 44-43-1310, the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25, the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP program, the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65, or the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides, or the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 12, by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated.

(B)   All South Carolina individual income tax return forms must contain a designation for the above contributions. The instructions accompanying the income tax form must contain a description of the purposes for which the funds were established and the use of monies from the income tax contribution.

(C)   The department shall determine and report at least annually to the appropriate agency administering the fund or in the case of the Children's Trust Fund to the fund the total amount of contributions designated to the above funds. The department shall transfer the

(D)   The Department of Natural Resources shall make a report to the General Assembly as early in January of each year as may be practicable, which must include the amount of revenue produced by the contributions and a detailed accounting of expenditures from the Nongame Wildlife and Natural Areas Fund.

(E)   For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33.

(F)   Revenues from the South Carolina Litter Control Enforcement Program Fund and the South Carolina Law Enforcement Assistance Program Fund carry forward into succeeding fiscal years and earnings of the funds must be credited to them."
B.   Sections 12-6-5065, 12-6-5070, 12-6-5080, 12-6-5085, and 12-6-5090 are repealed.
SECTION   __.   A.   Section 12-6-1130 of the 1976 Code, as last amended by Act 363 of 2002, is further amended by adding appropriately numbered items at the end to read:

"( )(a)   A deduction is not allowed a person for the accrual of an expense or interest if the payee is a related person and the payment is not made in the taxable year of accrual or before the payer's income tax return is due, without regard to extensions, for the taxable year of accrual. Except as provided in subitem (b), deductions disallowed pursuant to this section are allowed when the payment is made. The holder shall include the payment in income in the year the debtor is entitled to take the deduction. This section does not apply to payments deemed to be made by the application of South Carolina's adoption of Internal Revenue Code Section 482, 7872, a similar provision of the Internal Revenue Code or state law.

(b)   Notwithstanding subitem (a), an interest deduction is not allowed for the accrual or payment of interest on obligations issued as a dividend or paid instead of paying a dividend. This interest must be treated as a dividend to the debtor's shareholders when it is paid, and if the holder of the obligation is not a shareholder at that time, a payment from the shareholders to the holder at that time.

(c)   For purposes of this item, a related person includes a person that bears a relationship to the taxpayer as described in Section 267 of the Internal Revenue Code.

( )   The dividend distribution deduction allowed pursuant to Internal Revenue Code Section 857 or otherwise deductible pursuant to IRC Section 858 or 860 is modified as follows:

(a)   A dividend distribution deduction is allowed only for dividends paid by a publicly traded REIT. A qualified REIT subsidiary is allowed a dividend distribution deduction if its owner is a publicly traded REIT.

(b)   Income generated from real estate contributed or sold to a REIT by a shareholder or related party may not give rise to a dividend distribution deduction, unless the shareholder or related party would have received the dividend distribution deduction pursuant to this chapter.

(c)   A corporation receiving a dividend from a REIT is not allowed the dividends received deduction pursuant to Section 243 of the Internal Revenue Code.

(d)   Any REIT not allowed the dividend distribution deduction pursuant to the federal Internal Revenue Code is not allowed a dividend distribution deduction pursuant to this chapter.

(e)   For purposes of this item, a related party includes a person who bears a relationship to the taxpayer as provided in Section 267 of the Internal Revenue Code."
B.   This section takes effect upon approval by the Governor and applies to taxable years beginning after 2005.
SECTION   __.   A.1.   Chapter 2, Title 61 of the 1976 Code is amended by adding:

"Section 61-2-136.   Notwithstanding another provision of law, a currently licensed beer and wine wholesaler or currently licensed alcoholic liquor wholesaler who wishes to relocate the licensed business to a new location within the State must notify the department. This notice must be in writing, must precisely describe the premises to be licensed, must give the date of the move, and must be filed with the department at least thirty days prior to the move. Upon receipt of this notice, the department shall transfer the permit to the new premises effective on the date of the move."

2.   This section takes effect on the first day of the third month following approval by the Governor.

"(I)   The department may not issue a wholesale beer and wine permit pursuant to this title unless the applicant is a legal resident of the United States, and has been a legal resident of this State and has maintained his principal place of abode in this State for at least thirty days before the date of the application.

(J)   A misstatement or concealment of fact on an application for a license or permit pursuant to this title is sufficient grounds for the department to deny the application and to revoke a license or permit issued based on an application containing a misstatement or concealment of fact."
C.   Section 61-2-160 of the 1976 Code, as last amended by Act 415 of 1996, is further amended to read:

"Section 61-2-160.   No A license or permit under pursuant to the provisions of this title may must not be issued, renewed, or transferred unless the department and the Internal Revenue Service determine determines that the applicant does not owe the state or federal government State delinquent taxes, penalties, or interest. If the department or the Internal Revenue Service determine determines that delinquent taxes, penalties, or interest are due, the department must shall notify the applicant of the necessary requirements to comply with this section."
D.   Section 61-4-10 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-10.   All beers, ales, porter, and other similar malt or fermented beverages containing not in excess of five fourteen percent of alcohol by weight and all wines containing not in excess of twenty-one percent of alcohol by volume are declared to be nonalcoholic and nonintoxicating beverages."
E.   Section 61-4-520 of the 1976 Code is amended to read:

"Section 61-4-520.   No A retail permit authorizing the sale of beer or wine may must not be issued unless:

(1)   The applicant, any a partner, or co-shareholder of the applicant, and each agent, employee, and servant of the applicant to be employed on the licensed premises are of good moral character.

(2)   The retail applicant is a legal resident of the United States, has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application.

(3)   The wholesale applicant is a legal resident of the United States and has been a legal resident of this State for at least thirty days before the date of application and has maintained his principal place of abode in the State for at least thirty days before the date of application or has been licensed previously under the laws of this State.

(4)   The applicant, within two years before the date of application, has not had revoked a beer or a wine permit issued to him.

(5)(4)   The applicant is twenty-one years of age or older.

(6)(5)   The location of the proposed place of business of the applicant is in the opinion of the department a proper one.

(7)(6)   The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches. This item does not apply to locations licensed before April 21, 1986.

(8)(7)(a)   Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposed to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must:

(a)(i)   be in the legal notices section of the newspaper or an equivalent section if the newspaper has no legal notices section;

(b)(ii)   be in large type, covering a space of one column wide and at least two inches deep; and

(c)(iii)   state the type license applied for and the exact location of the proposed business.

(b)An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.

(9)(8)   Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a)   state the type of permit sought;

(b)   state where an interested person may protest the application;

(c)   be in bold type;

(d)   cover a space at least twelve inches high and eighteen inches wide;

(e)   be posted and removed by an agent of the division."

"Section 61-4-525.   (A)   A person residing in the county in which a retail beer and wine permit is requested to be granted, or a person residing within five miles of the location for which a retail beer and wine permit is requested, may protest the issuance or renewal of the permit if he files a written protest setting forth:

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

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

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

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

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

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

(D)   A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a fine or penalty to include court costs."
G.   Section 61-6-1540(B) of the 1976 Code is amended to read:

"(B)   Retail dealers licensed under pursuant to the ABC Act may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than fourteen sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles. The provisions of this section must do not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement of these taxes."

"Section 12-60-510.   (A)   Before a taxpayer may seek a contested case hearing before the Administrative Law Judge Division Court, he shall exhaust the prehearing remedy.

(1)   If a taxpayer requests a contested case hearing before the Administrative Law Judge Division Court within ninety days of the date of the proposed assessment without exhausting his prehearing remedy because he failed to file a protest with the department, the administrative law judge shall dismiss the action without prejudice. If the taxpayer failed timely to provide the department with the facts, law, and other authority supporting his position, he shall provide them to the department with the facts, law, and other authority he failed to present to the department earlier. The administrative law judge shall then remand the case to the department for reconsideration in light of the new facts or issues unless the department elects to forego the remand.

(2)   If a taxpayer fails to file a protest with the department within ninety days of the date of the proposed assessment, the taxpayer is in default, and the department must issue an assessment for the taxes. The assessment may be removed by the Administrative Law Court for good cause shown, and the matter may be remanded to the department.

(B)   Upon remand the department has thirty days, or a longer period ordered by the administrative law judge, to consider the new facts and issues and amend its department determination. The department shall issue its amended department determination in the same manner as the original. The taxpayer has thirty days after the date the department's amended determination was sent by first class mail or delivered to the taxpayer to again request a contested case hearing. Requests for a hearing before the Administrative Law Judge Division Court must be made in accordance with its rules. If the department fails to issue its amended department determination within thirty days of the date of the remand, or a longer period ordered by the administrative law judge, the taxpayer can again may request again a contested case hearing. At the new hearing the facts, law, and other authority presented at the original hearing have been presented in a timely manner for purposes of exhausting the taxpayer's prehearing remedy. The statute of limitations remains suspended by Section 12-54-85(G) during this process."
I.   Section 12-60-1330 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(A)   Section 12-60-1330.   Before a person may seek a determination by an administrative law judge under pursuant to Section 12-60-1320, he shall exhaust his prehearing remedy.

(1)   If a person requests a contested case hearing before the Administrative Law Judge Division Court within ninety days of the date of the denial or proposed suspension, cancellation, or revocation without exhausting his prehearing remedy because he failed to file a protest with the department, the administrative law judge shall dismiss the action without prejudice.

(2)   If the person failed to provide the department within the ninety day time period with the facts, law, and other authority supporting his position, he shall provide them to the department with the facts, law, and other authority he failed to present to the department earlier. The administrative law judge shall then remand the case to the department for reconsideration in light of the new facts or issues unless the department elects to forego the remand.

(3)   If a person fails to file a protest with the department within ninety days of the date of the denial or proposed suspension, cancellation, or revocation, the person is in default, and the department shall deny, suspend, cancel, or revoke the license or permit appropriate. The denial, suspension, cancellation, or revocation of the license or permit may be lifted by the administrative law court for good cause shown, and remand the matter to the department.

(B)   Upon remand the department has thirty days, or a longer period ordered by the administrative law judge, to consider the new facts and issues and amend its department determination. The department shall issue its amended department determination in the same manner as the original. The person has thirty days after the date the department's amended determination was sent by first class mail or delivered to the person to again request a contested case hearing. Requests for a hearing before the Administrative Law Judge Division Court must be made in accordance with its rules. If the department fails to issue its amended department determination within thirty days of the date of the remand, or a longer period ordered by the administrative law judge, the person can again may request again a contested case hearing. At the new hearing the facts, law, and other authority presented at the original hearing have been presented in a timely manner for purposes of exhausting the person's prehearing remedy. The statute of limitations remains suspended by Section 12-54-85(G) during this process."
J.   Section 61-6-1520 of the 1976 Code is repealed.

"Section 12-37-2890.   (A)   Upon request of the Department of Revenue, and after the time period for all appeals of any tax due is exhausted, the Department of Public Safety shall suspend the driver's license and vehicle registration of a person who fails to file and pay a motor carrier property tax on a vehicle, pursuant to this article. Before notification is sent to the Department of Public Safety, the Department of Revenue shall notify the delinquent taxpayer by letter of the pending suspension and of the steps necessary to prevent the suspension from being entered on the person's driving and registration records. The department shall allow thirty days for payment of taxes before notifying the Department of Public Safety to suspend the driver's license and vehicle registration.

(B)   Notwithstanding the provisions of Section 56-1-460, a charge of driving under suspension when the suspension is solely for failure to file and pay a motor carrier property tax or the reinstatement fee required for the property tax does not require proof of financial responsibility. A person is not subject to a custodial arrest solely for being under suspension pursuant to this section."
SECTION   __.   A.   Section 12-28-310 of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"Section 12-28-310.   (A)   Subject to the exemptions provided in this chapter, a user fee of sixteen cents a gallon is imposed on:

(1)   all gasoline used or consumed for any purpose in this State; and

(2)   upon all diesel fuel used or consumed in this State in producing or generating power for propelling motor vehicles.

(B)   The user fee levied on motor fuel subject to the user fee pursuant to this chapter is a levy and assessment on the consumer, and the levy and assessment on other persons as specified in this chapter are as agents of the State for the collection of the user fee. This section does not affect the method of collecting the user fee as provided in this chapter. The user fee imposed by this section must be collected and paid at those times, in the manner, and by those the persons specified in this chapter.

(C)   The license user fee imposed by this section shall be in lieu is instead of all sales, use, or other excise tax which that may otherwise

"Section 12-28-330.   The department shall consider considers it a rebuttable presumption, subject to proof of exemption under pursuant to Article 7 of this chapter, that all motor fuel subject to the user fee removed from a terminal in this State, or imported into this State other than by a bulk transfer within the bulk transfer terminal system or delivered into an end user's storage tank, is to be used or consumed in this State, in the case of gasoline, and is to be used or consumed on the highways in South Carolina this State in producing or generating power for propelling motor vehicles in the case of all other taxable motor fuel."
SECTION   __.   A.   Chapter 54 of Title 12 of the 1976 Code is amended by adding:

"Section 12-54-270.   A tax refund check that is returned to the Department of Revenue for an unknown, undeliverable, or insufficient address is unclaimed property pursuant to the provisions of Chapter 18 of Title 27, the Uniform Unclaimed Property Act."
B.   Section 27-18-20(10), of the 1976 Code, as last amended by Act 43 of 2001, is further amended to read:

"(10)   'Intangible property' includes:

(a)   monies, checks, drafts, deposits, interest, dividends, and income;

(b)   credit balances, customer overpayments, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances except that intangible property does not include trading stamps and electronic entries representing trading stamps which that are awarded to retail customers incident to the purchase of goods;

(c)   stocks and other intangible ownership interests in business associations;

(d)   monies deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;

(e)   amounts due and payable under the terms of insurance policies;

(f)   amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee

(g)   tax refund checks issued by this State and returned to the Department of Revenue by the Post Office for an unknown, undeliverable, or insufficient address."
C.   Section 27-18-140 of the 1976 Code, as last amended by Act 264 of 1992, is further amended to read:

"Section 27-18-140.   (A)   Intangible property held for the owner by a court, state, or other government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.

(B)   Notwithstanding the provisions of subsection (A), tax refund checks as defined in Chapter 54 of Title 12 are presumed abandoned if unclaimed for a period of three months from the date the tax refund check was issued by the Department of Revenue.

(C)   This chapter does not apply to tax refund checks mailed to an owner, and not presented for payment, but not returned to the Department of Revenue by the Post Office for an unknown, undeliverable, or insufficient address."
D.   Section 27-18-180(A) of the 1976 Code is amended to read:

"(A)   A person holding property tangible or intangible property, that is presumed abandoned and subject to custody as unclaimed property under pursuant to this chapter, shall report to the administrator concerning the property as provided in this section. The action taken to report an unclaimed tax refund check to the administrator is not a violation of disclosure prohibitions described in Section 12-54-240."
E.   Section 12-6-5560 of the 1976 Code is repealed.
SECTION   __.   Section 12-54-46 of the 1976 Code is amended to read:

"Section 12-54-46.   (A)   An individual subject to withholding and required to supply information to his employer under pursuant to Chapter 8 of Title 12 who supplies a withholding exemption certificate which exceeds the number of exemptions to which he is entitled is liable for a penalty of not less than fifty five hundred dollars for each exemption claimed that exceeds the number to which he is entitled. The penalty is assessed and collected in the same manner as income tax penalties of the following violations:

(1)   refusing or failing to provide a withholding exemption certificate;

(2)   providing a withholding exemption certificate that claims he is exempt from withholding;

(3)   providing exemptions on a withholding exemption certificate exceeding the number of exemptions to which he is entitled; or

(4)   requesting a waiver from withholding to which he is not entitled.

(B)   An additional five hundred dollar penalty is imposed each January first that a violation is not corrected.

(C)   The penalty does not apply to an individual described in subsection (A) who has a change in family circumstances that makes his withholding exemption certificate inaccurate unless his employer or the department has informed him to revise his withholding exemption certificate."
SECTION   __.   Section 12-36-2610 of the 1976 Code, as last amended by Act 363 of 2002, is further amended to read:

"Section 12-36-2610.   When a sales or use tax return required by Section 12-36-2570 and Chapter 10 of Title 4 a local sales and use tax law administered and collected by the department on behalf of a local jurisdiction is filed and the taxes due on it are paid in full on or before the final due date, including any date to which the time for making the return and paying the tax has been extended pursuant to the provisions of Section 12-54-70, the taxpayer is allowed a discount as follows:

(1)   on taxes shown to be due by the return of less than one hundred dollars, three percent;

(2)   on taxes shown to be due by the return of one hundred dollars or more, two percent.

In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the department. The discount permitted a taxpayer under this section may not exceed three thousand dollars during any one state fiscal year. However, for taxpayers filing electronically, the discount may not exceed three thousand one hundred dollars. A person making sales into this State who cannot be required to register for sales and use tax under applicable law but who nevertheless voluntarily registers to collect and remit use tax on items of tangible personal property sold to customers in this State is entitled to a discount on returns filed as otherwise provided in this section not to exceed ten thousand dollars during any one state fiscal year." /
Amend the bill further, Section 12-6-1130 as found on pages 8 and 9, by deleting the section in its entirety.

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

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

H. 3773 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

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

The following Bill was taken up:

H. 3647 (Word version) -- Reps. E. H. Pitts, Hinson, Young, Rutherford and Kirsh: A BILL TO AMEND SECTION 53-1-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF AN EMPLOYEE OF A BUSINESS TO REFUSE TO WORK ON SUNDAY, SO AS TO FURTHER PROVIDE FOR PROTECTION OF THIS RIGHT TO REFUSE TO WORK ON SUNDAY BY REASON OF CONSCIENTIOUS OBJECTION TO SUNDAY WORK AND TO EXCLUDE A MANUFACTURING OR RESEARCH AND DEVELOPMENT OPERATION REQUIRING CONTINUOUS

Rep. E. H. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10797MM05), which was adopted:
Amend the bill, as and if amended, Section 53-1-5(A), as contained in SECTION 1, by striking the subsection and inserting:

/ (A)   The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. Any An employee of any a business which that operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any until 1:30 p.m. on Sunday if he is conscientiously opposed to Sunday work employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to dismissal or demotion without forfeiture of compensation, rank, or grade. /
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.

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

Agnew                  Allen                  Bales
Battle                 Brady                  Brown, J.
Brown, R.              Ceips                  Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Cotty                  Dantzler
Duncan                 Edge                   Frye
Funderburk             Hardwick               Hinson
Hosey                  Howard                 Jennings
Kirsh                  Limehouse              Littlejohn
Lucas                  McCraw                 Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neilson                Norman                 Perry
Pitts, E.H.            Pitts, M.A.            Rhoad
Rice                   Rutherford             Scarborough
Sinclair               Skelton                Smith, D.C.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Talley                 Taylor
Umphlett               Vick                   Weeks
Wilkins                Young

Those who voted in the negative are:

Anthony                Ballentine             Barfield
Bingham                Bowers                 Cato
Clark                  Coates                 Cooper
Davenport              Delleney               Govan
Hagood                 Haley                  Hamilton
Haskins                Hayes                  Hines, M.
Hiott                  Huggins                Leach
Lee                    Loftis                 Mack
Mahaffey               McGee                  McLeod
Ott                    Owens                  Phillips
Pinson                 Sandifer               Scott
Smith, F.N.            Smith, G.R.            Thompson
Toole                  Townsend               Tripp
Vaughn                 Walker                 Whipper
White                  Whitmire

Please let the Journal reflect that I intended to vote for the passage of H. 3647. I was out of the Chamber speaking with a constituent and when I returned to cast my vote, due to an error on the voting board, I thought I was voting against an amendment, not against the Bill.

Rep. Ben Hagood

Rep. W. D. SMITH 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. 3786 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 76 AND BARNES ROAD/TEMPLETON ROAD IN LAURENS COUNTY THE "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION".
Ordered for consideration tomorrow.

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

H. 3954 (Word version) -- Reps. Jennings and G. M. Smith: A BILL TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CONVICTIONS RENDERING A PERSON A SEX OFFENDER, SO AS TO REQUIRE A HEARING BEFORE THE ADMINISTRATIVE LAW COURT TO DETERMINE WHETHER A PERSON CONVICTED

H. 3957 (Word version) -- Reps. Haskins, Harrison, Altman, Bingham, Cato, Chalk, Clark, Cooper, Davenport, Delleney, Edge, Frye, Herbkersman, Huggins, Lucas, Merrill, Owens, Perry, Pinson, Rice, Scarborough, Sinclair, D. C. Smith, J. R. Smith, Stewart and Toole: A BILL TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2005" BY ADDING SECTION 16-3-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.
Referred to Committee on Judiciary

H. 3958 (Word version) -- Reps. Ceips, Loftis, Duncan, Bailey, Coates, Delleney, Hamilton, Herbkersman, Leach, Littlejohn, Mahaffey, McCraw, Owens, M. A. Pitts, Rice, G. R. Smith, Talley, Taylor, Walker and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION, "PERSON" INCLUDES AN UNBORN CHILD AT

H. 3959 (Word version) -- Rep. White: A BILL TO AMEND SECTION 38-71-147, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST LIMITING A PARTICIPANT OR BENEFICIARY OF A HEALTH INSURANCE POLICY OR HEALTH MAINTENANCE ORGANIZATION PLAN FROM SELECTING A PHARMACY OR PHARMACIST OF HIS OWN CHOICE, SO AS TO DELETE PROVISIONS REQUIRING THE PHARMACY OR PHARMACIST TO AGREE TO PARTICIPATE IN THE PLAN ACCORDING TO THE INSURER'S TERMS.
Referred to Committee on Labor, Commerce and Industry

H. 3960 (Word version) -- Reps. Loftis, Davenport, Merrill, Altman, Bales, Ceips, Delleney, Duncan, Harrell, Jefferson, Leach, Littlejohn, Mahaffey, Owens, Perry, E. H. Pitts, Stewart, Vaughn and Witherspoon: A BILL TO AMEND SECTION 8-13-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PARTICIPATION IN DECISIONS AFFECTING A PERSON'S

The following was introduced:

H. 3955 (Word version) -- Rep. Hosey: A HOUSE RESOLUTION TO CONGRATULATE AND EXTEND VERY BEST WISHES TO BEN WALLACE OF ALLENDALE COUNTY AS HE CELEBRATES HIS ONE HUNDREDTH BIRTHDAY THIS WEEK AND TO WISH HIM MANY MORE HAPPY BIRTHDAYS TO COME.

The Resolution was adopted.

The following was introduced:

H. 3956 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT 416 OAKLAND ROAD IN THE CITY OF DILLON THAT CROSSES INTERSTATE 95 THE "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT

Reps. CHELLIS and KIRSH proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\10829MM05), which was adopted:
Amend the bill, as and if amended, Section 12-6-5060(A) as found on page 3767-6, lines 16 through 39, by deleting the subsection in its entirety and inserting:

/ (A)   Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina established pursuant to Section 20-7-5010, the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, the First Steps to School Readiness Fund established pursuant to Section 20-7-9740, or the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 25, the Gift of Life Trust Fund of South Carolina established pursuant to Section 44-43-1310, the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25, the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP program, the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65, the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides, or K-12 public education for use in the manner the General Assembly provides by law, by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated. /
Renumber sections to conform.
Amend title to conform.

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

"(5)   trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, and horse trailers, but not including house trailers or campers as defined in Section 56-3-710 or a fire safety education trailer;"/
Renumber sections to conform.
Amend title to conform.

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

Reps. CHELLIS and KIRSH proposed the following Amendment No. 6 (Doc Name COUNCIL\BBM\10827MM05), which was adopted:
Amend the bill, as and if amended, lines 4-6 as found on page 3767-18, by deleting the lines in their entirety.
Amend the bill further, the second undesignated item of Section 12-6-1130 as found on page 3767-8, lines 11 through 31, so as to delete the undesignated item in its entirety.
Renumber sections to conform.
Amend title to conform.

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

Reps. CHELLIS and KIRSH proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\10817MM05), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/ SECTION   __.   A.   Chapter 36 of Title 12 of the 1976 Code is amended by adding:

Section 12-36-1910.   For purposes of this article:

(1)   'Air-to-ground radiotelephone service' means a radio service, as that term is defined in 47 CFR 22.99, in which common carriers are

(2)   'Call-by-call basis' means any method of charging for telecommunications services in which the price is measured by individual calls.

(3)   'Communications channel' means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points.

(4)   'Customer' means the person or entity that contracts with the seller of telecommunications services. If the end user of telecommunications services is not the contracting party, the end user of the telecommunications service is the customer of the telecommunication service, but this provision applies only for the purpose of sourcing sales of telecommunications services pursuant to Section 12-36-1920. 'Customer' does not include a reseller of telecommunications service or a mobile telecommunications service of a serving carrier under an agreement to serve the customer outside the home service provider's licensed service area.

(5)   'Customer channel termination point' means the location where the customer either inputs or receives the communications.

(6)   'End user' means the person who utilizes the telecommunication service. In the case of an entity, 'end user' means the individual who utilizes the telecommunication service. In the case of an entity, 'end user' means the individual who utilizes the service on behalf of the entity.

(7)   'Home service provider' means the same as that term is defined in Section 124(5) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).

(8)   'Mobile telecommunications service' means the same as that term is defined in Section 124(7) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).

(9)   'Place of primary use' means the street address representative of the customer's primary use of the telecommunications service, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, 'place of primary use' must be within the licensed service area of the home service provider.

(10)   'Post-paid calling service' means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism like a bank card, travel card, credit card, or debit card, or by charge made to a

(11)   'Prepaid calling service' means the right to access exclusively telecommunications services, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars, of which the number declines with use in a known amount.

(12)   'Private communication service' means a telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which the channel or channels are connected, and includes switching capacity, extension lines, stations, and other associated services provided in connection with the use of the channel or channels.

(13)   'Service address' means:

(a)   the location of the telecommunications equipment to which a customer's call is charged and from which the call originates or terminates, regardless of where the call is billed or paid;

(b)   if the location in item (a) is not known, service address means the origination point of the signal of the telecommunications services first identified by either the seller's telecommunications system or in information received by the seller from its service provider, where the system used to transport the signals is not that of the seller;

(c)   if the location in item (a) and item (b) is not known, the service address means the location of the customer's place of primary use.

Section 12-36-1920.   For the purposes of telecommunications sourcing:

(1)   Except for the defined telecommunication services in item (3), the sale of telecommunication service sold on a call-by-call basis must be sourced to (i) each level of taxing jurisdiction where the call originates and terminates in that jurisdiction or (ii) each level of taxing jurisdiction where the call either originates or terminates and in which the service address is also located.

(2)   Except for the defined telecommunication services in item (3), a sale of telecommunications services on a basis other than a call-by-call basis, is sourced to the customer's place of primary use.

(3)   The sale of the following telecommunication services must be sourced to each level of taxing jurisdiction:

(a)   A sale of mobile telecommunications services, other than air-to-ground radiotelephone service and prepaid calling service, is sourced to the customer's place of primary use as required by the Mobile Telecommunications Sourcing Act.

(b)   A sale of post-paid calling service is sourced to the origination point of the telecommunications signal as first identified by either (i) the seller's telecommunications system, or (ii) information received by the seller from its service provider, where the system used to transport the signals is not that of the seller.

(c)   A sale of a private communication service is sourced as follows:

(i)   Service for a separate charge related to a customer channel termination point is sourced to each level of jurisdiction in which the customer channel termination point is located.

(ii)   Service in which all customer termination points are located entirely within one jurisdiction or levels of jurisdiction is sourced in the jurisdiction in which the customer channel termination points are located.

(iii)   Service for segments of a channel between two customer channel termination points located in different jurisdictions and the segments of channel are separately charged is sourced fifty percent in each level of jurisdiction in which the customer channel termination points are located.

(iv)   Service for segments of a channel located in more than one jurisdiction or levels of jurisdiction and the segments are not separately billed is sourced in each jurisdiction based on the percentage determined by dividing the number of customer channel termination points in the jurisdiction by the total number of customer channel termination points.

Section 12-36-1930.   Notwithstanding another provision of law, this article applies to local sales and use taxes on telecommunication services collected and administered by the Department of Revenue on behalf of the local jurisdictions."
B.   Section 12-36-910(B)(3)(a) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(3)(a)   gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or

"(3)(a)   gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) of this subsection are not subject to tax pursuant to this item. Effective for bills rendered after August 1, 2002, charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term 'charges for mobile telecommunications services' is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted. Telecommunications services are sourced in accordance with Section 12-36-1920;

(b)(i)   for purposes of this item, a 'bundled transaction' means a transaction consisting of distinct and identifiable properties or services, which are sold for one nonitemized price but which are treated differently for tax purposes;

(ii)   for bills rendered on or after January 1, 2004, that include telecommunications services in a bundled transaction, if the nonitemized price is attributable to properties or services that are taxable and nontaxable, the portion of the price attributable to any nontaxable property or service is subject to tax unless the provider can

"(5)   gross proceeds accruing or proceeding from the sale or recharge at retail for prepaid wireless calling arrangements.

(a)   'Prepaid wireless calling arrangements' means communication services that:

(i)   are used exclusively to purchase wireless telecommunications;

(ii)   are purchased in advance;

(iii)   allow the purchaser to originate telephone calls by using an access number, authorization code, or other means entered manually or electronically; and

(iv)   are sold in units or dollars which decline with use in a known amount.

(b)   All charges for prepaid wireless calling arrangements must be sourced to the:

(i)   location in this State where the over-the-counter sale took place;

(ii)   shipping address if the sale did not take place at the seller's location and an item is shipped; or

(iii)   either the billing address or location associated with the mobile telephone number if the sale did not take place at the seller's location and no item is shipped."
E.   This section takes effect the first calendar day of the third full month after its approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Rep. BOWERS proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\20434SD05), which was adopted:
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION   ____. Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, a county which conducted a countywide property tax equalization and reassessment program after 2000 which

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

Rep. KIRSH explained the Bill.

Rep. KIRSH moved to adjourn debate on the Bill, which was agreed to.

The following Bill was taken up:

H. 3638 (Word version) -- Reps. Cotty, Edge, Clemmons, Barfield, Altman, Bales, Battle, Bingham, J. Brown, Ceips, Chellis, Clark, Cobb-Hunter, Cooper, Delleney, Govan, Hagood, Hardwick, Hayes, Huggins, Leach, Limehouse, Martin, Miller, J. H. Neal, Pinson, E. H. Pitts, M. A. Pitts, Rivers, Scarborough, Sinclair, Skelton, F. N. Smith, G. R. Smith, Toole, Townsend, Vick, Whipper, Whitmire, Witherspoon and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT CLASS A FEDERALLY LICENSED DISTRIBUTORS AND CLASS B LIQUOR STORES MAY DELIVER ALCOHOLIC LIQUORS ONLY TO ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION AND TO PROVIDE AN EXCEPTION; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON OR HIS AGENT LICENSED UNDER ARTICLE 5, CHAPTER 6, TITLE 61 FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED BY THE CUSTOMER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY; BY ADDING 61-6-1638 SO AS TO REQUIRE ALL BILLS OR INVOICES FOR DELIVERIES OF ALCOHOLIC LIQUORS TO RETAIL ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS MUST CLEARLY STATE THE

Reps. COTTY, PERRY, FUNDERBURK, COATES, MCGEE, LOFTIS, J. R. SMITH, SINCLAIR, CEIPS, HERBKERSMAN, CLYBURN, JEFFERSON, PARKS and G. R. SMITH requested debate on the Bill.

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

H. 3472 (Word version) -- Reps. Neilson, J. Hines and Lucas: A BILL TO PROVIDE THAT EACH MEMBER OF THE DARLINGTON COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM DARLINGTON COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE DARLINGTON COUNTY TRANSPORTATION COMMITTEE.

Rep. NEILSON explained the Bill.

H. 3741 (Word version) -- Reps. Ballentine, Wilkins, Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman, Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott, Vick, McGee,

Rep. HAYES explained the Bill.

H. 3940 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS; DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA: DATA RELEASE FOR MEDICAL ENCOUNTER DATA AND FINANCIAL REPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up:

H. 3467 (Word version) -- Reps. Rice and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-85 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO IMPOSE FINES FOR VIOLATIONS OF STATUTES AND REGULATIONS RELATING PROGRAMS REGULATED BY THE DEPARTMENT AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS CONTAINING REQUIREMENTS FOR EACH PROGRAM THE DEPARTMENT REGULATES, INCLUDING PROVISIONS TO ESTABLISH GUIDELINES FOR IMPOSING FINES AND RANGES OF FINES; AND TO ADD SECTION 20-7-2255 SO AS TO PROVIDE THAT LICENSURE FOR GROUP HOMES, CHILD CARING INSTITUTIONS, AND CHILD PLACING AGENCIES ARE EFFECTIVE FOR TWO YEARS AND THAT FIRE INSPECTIONS MUST BE CONDUCTED ANNUALLY FOR GROUP HOMES AND CHILD CARING INSTITUTIONS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11688AC05), which was adopted:
Amend the bill, as and if amended, Section 43-1-85 page 1, line 36 after /programs/ by inserting /, other than foster home licensing,/. So when amended Section 43-1-85 reads:
/   "Section 43-1-85.   The department may impose civil fines against a person, facility, or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department regulates. Fines collected must be remitted to the State Treasurer for deposit in the general fund. The department shall promulgate regulations containing program requirements for each program in which fines may be imposed. The regulations must include guidance on the decision to assess a fine, the effect of failure to pay a fine timely, and a schedule of fine ranges that takes into account severity and frequency of violations. These regulations must provide for notice of the fine and the right to a contested case hearing before a designee of or panel appointed by the state director. Judicial review of the final agency decision concerning a fine must be in accordance with

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

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

The following Bill was taken up:

H. 3039 (Word version) -- Reps. Sinclair and Whipper: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10799MM05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The first undesignated line of Section 20-7-420 of the 1976 Code is amended to read:

"(A)   The family court shall have has exclusive jurisdiction:"
SECTION   2.   Section 20-7-420(5) and (7) of the 1976 Code is amended to read:

"(5)   To hear and determine actions to determine the validity of marriages. (Reserved)

(7)   To hear and determine actions to determine the paternity of an individual. The action may be brought in the county in which the child or the alleged father resides, or is found, or, if the father is deceased, in the county in which proceedings for probate of his estate have been or could be commenced. (Reserved)"
SECTION   3.   Section 20-7-420 of the 1976 Code, as last amended by Act 361 of 2002, is further amended by adding at the end:

"(B)   Notwithstanding another provision of law, The family court and the probate court have concurrent jurisdiction to hear and determine matters relating to paternity, common-law marriage, and interpretation of marital agreements; except that the concurrent jurisdiction of the probate court extends only to matters dealing with the estate, trust, and guardianship and conservatorship actions before the probate court."
SECTION   4.   Section 62-1-302 of the 1976 Code, as last amended by Act 152 of 1997, is further amended to read:

"Section 62-1-320.   (a)   To the full extent permitted by the Constitution, and except as otherwise specifically provided, the probate court has exclusive original jurisdiction over all subject matter related to:

(1)   estates of decedents, including the contest of wills, construction of wills, and determination of heirs and successors of decedents and estates of protected persons;

(2)   protection of minors, except that jurisdiction over the care, custody, and control of the persons of minors is governed by Section 62-5-201 and incapacitated persons, including the mortgage and sale of personal and real property owned by minors or incapacitated persons as well as gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Section 20-7-140 et seq., except that jurisdiction for approval of settlement of claims in favor of or against minors or incapacitated persons is governed by Section 62-5-433;

(3)   trusts, inter vivos or testamentary, including the appointment of successor trustees;

(4)   the issuance of marriage licenses, in form as provided by the Bureau of Vital Statistics of the Department of Health and Environmental Control; record, index, and dispose of copies of

(5)   the performance of the duties of the clerk of the circuit and family courts of the county in which the probate court is held when there is a vacancy in the office of clerk of court and in proceedings in eminent domain for the acquisition of rights-of-way by railway companies, canal companies, governmental entities, or public utilities when the clerk is disqualified by reason of ownership of or interest in lands over which it is sought to obtain the rights-of-way; and

(6)   the involuntary commitment of persons suffering from mental illness, mental retardation, alcoholism, drug addiction, and active pulmonary tuberculosis.

(b)   The court's jurisdiction over matters involving wrongful death or actions under the survival statute is concurrent with that of the circuit court and shall extend extends only to the approval of settlements as provided in Sections 15-51-41 and 15-51-42, and to the allocation of settlement proceeds among the parties involved in the estate.

(c)   The probate court has jurisdiction to hear and determine issues relating to paternity, common-law marriage, and interpretation of marital agreements in connection with estate, trust, guardianship, and conservatorship actions pending before it, concurrent with that of the family court, pursuant to Section 20-7-420.

(c)(d)   Notwithstanding the exclusive jurisdiction of the probate court over the foregoing matters, any action or proceeding filed in the probate court and relating to the following subject matters, on motion of a party, or by the court on its own motion, made not later than ten days following the date on which all responsive pleadings must be filed, must be removed to the circuit court and in these cases the circuit court shall proceed upon the matter de novo:

(1)   formal proceedings for the probate of wills and for the appointment of personal representatives;

(2)   construction of wills;

(3)   actions to try title;

(4)   trusts;

(5)   actions in which a party has a right to trial by jury and which involve an amount in controversy of at least five thousand dollars in value; and

(6)   actions concerning gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Section 20-7-140 et seq.

(e)   The removal to the circuit court of an action or proceeding within the exclusive jurisdiction of the probate court applies only to the particular action or proceeding removed, and the probate court otherwise retains continuing exclusive jurisdiction."
SECTION   5.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

H. 3243 (Word version) -- Rep. Talley: A BILL TO ENACT THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2005" INCLUDING PROVISIONS 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 ALSO APPLIES TO THE DISTRIBUTION OR PURCHASE FOR A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE OR IS NOT BELIEVED TO BE OVER TWENTY-SEVEN YEARS OF AGE, TO PROVIDE THAT A RETAIL DISTRIBUTOR OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS CONTAINED IN THIS SECTION, TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR PRESENT OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THAT IT IS UNLAWFUL FOR AN

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7420AHB05), 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 a person 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 therefor a 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)   It is unlawful for a person to sell a tobacco product to an individual who does not present upon demand proper proof of age.

(C)   A retail distributor of tobacco products must train its retail sales employees regarding the provisions contained in this section. In lieu of the penalties contained in subsection (F), a retail establishment that fails to comply with this provision must be fined not more than one thousand dollars. A retail establishment that provides proof that it has complied with the provisions contained in this section is not subject to this penalty.

(D)   It is unlawful for an individual less than eighteen years of age to possess a tobacco product. 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)   A person or individual that intentionally or knowingly violates a provision contained in this section either in person, by agent, or in any other way, is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1)   for a first offense, by a fine not less than one hundred dollars;

(2)   for a second offense, which occurs within three years of the first offense, by a fine not less than two hundred dollars; and

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

The adjudicating jurisdiction shall retain all fines collected pursuant to the provisions of this subsection. A violation of this section is triable exclusively in either municipal or magistrate court.

(F)   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 or possesses a tobacco product to perform not less than twenty hours of community service for a first offense and not less

(G)   As used in this section 'person' means an individual. 'Person' does not mean a firm, partnership, corporation, company, association, club, or commercial entity the person is associated with.

(H)   Notwithstanding any other provision of law, a violation of this section does not violate an establishment's beer and wine permit and is not a ground for revocation or suspension of a beer and wine permit.

(I)   A person who is less than eighteen years of age and who has been convicted of violating a provision of this section may have his record expunged upon becoming eighteen years of age if he has paid any fine imposed upon him and successfully completed any court-ordered community service.

(J)   Notwithstanding another provision of law, a conviction pursuant to the provisions of this section does not affect a person's eligibility for a LIFE Scholarship or other state sponsored scholarship program." /
SECTION   3.   Section 16-17-501 of the 1976 Code, as added by Act 445 of 1996, is amended to read:

"Section 16-17-501.   As used in this Section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:

(1)   'Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.

(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.

(3)   'Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.

(4)   'Sampling' means the distribution of samples to members of the general public in a public place.

(5)   'Tobacco product' means a product that contains tobacco and is intended for human consumption."
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

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

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

The following Bill was taken up:

H. 3141 (Word version) -- Reps. Scarborough, Duncan, M. A. Pitts, Umphlett, R. Brown, Whipper and Loftis: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11690AC05):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 1-23-110(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(C)(1)   The agency shall consider fully all written and oral submissions respecting the proposed regulation.

(2)   Following the public hearing and consideration of all submissions, an agency must not submit a regulation to the General Assembly for review if the regulation contains a substantive change in the content of regulation as proposed pursuant to subsection (A)(3) and the substantive change was not raised, considered, or discussed by public comment received pursuant to this section. The agency shall refile such a regulation for publication in the State Register as a proposed regulation pursuant to subsection (A)(3)."

"Section 1-23-120.   (A)   All regulations except those specifically exempted pursuant to this section subsection (H) must be submitted to the General Assembly for review in accordance with this article, but; however, a regulation must not be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110, except those regulations requiring a final assessment report as provided in Sections 1-23-270 and 1-23-280. A regulation submitted to the General Assembly for review must not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125.
(B) To initiate the process of review, the agency shall file with the Legislative Council for submission to the President of the Senate and the Speaker of the House of Representatives a document containing:

(1)   a copy of the regulations promulgated;

(2)   in the case of regulations proposing to amend an existing regulation or any clearly identifiable subdivision or portion of a regulation, the full text of the existing regulation or the text of the identifiable portion of the regulation; text that is proposed to be deleted must be stricken through, and text that is proposed to be added must be underlined;

(3)   a request for review;

(3)(4)   a brief synopsis of the regulations submitted explaining which explains the content and any changes in existing regulations resulting from the submitted regulations;

(4)(5)   a copy of the final assessment report and the summary of the final report prepared by the division pursuant to Section 1-23-115. A regulation that does not require an assessment report because it the regulation does not have a substantial economic impact must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption;

(5)(6)   a copy of the fiscal impact statement prepared by the agency as required in by Section 1-23-110.

(6)(7)   a detailed statement of rationale which shall state states the basis for the regulation, including the scientific or technical basis, if any, and shall identify identifies any studies, reports, policies,

(7)(8)   a copy of the economic impact statement, as provided in Section 1-23-270(C)(1)(a).; and

(8)(9)   a copy of the regulatory flexibility analysis, as provided in Section 1-23-270(C)(1)(b).

(C)   Upon receipt of the request regulation, the President and Speaker reviewing the request shall submit it shall refer the regulation for consideration review to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it the regulation must be given to each member of the committee, and Legislative Council shall notify all members of the General Assembly when regulations are submitted for review either through electronic means or by addition of this information to the web site maintained by Legislative Printing Information and Technology Services, or both. The committees to which regulations are referred have one hundred twenty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting.

(D)   If a joint resolution to approve a regulation is not enacted within one hundred twenty days after the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the house in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the

(1)   the synopsis of the regulation as required by subsection (B);

(2)   the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B), the statement or explanation that an assessment report is not required or is exempt.

(E)   The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by or reported favorably by the standing committee to which the regulation was referred.

(F)   Any member of the General Assembly may introduce a joint resolution approving or disapproving a regulation thirty days following the date the regulations concerned are submitted referred to a standing committee for review and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.

(G)   A regulation is deemed withdrawn if it has not become effective, as provided in this article, by the date of publication of the next State Register published after the end of the two-year session in which the regulation was submitted to the President and Speaker for review. Other provisions of this article notwithstanding, a regulation deemed withdrawn pursuant to this subsection may be resubmitted by the agency for legislative review during the next legislative session without repeating the requirements of Section 1-23-110, 1-23-111, or 1-23-115 if the resubmitted regulation contains no substantive changes for the previously submitted version.

(H)   General Assembly review is not required for regulations promulgated:

(1)   to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B)(3) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption;

(2)   by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110;

(3)   by the South Carolina Department of Revenue to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code as defined in Section 12-6-40;

(4)   as emergency regulations under Section 1-23-130.

(H)(I)   For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed.

(I) Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:
(1) for which the agency intends to begin the process of repeal in accordance with this article;
(2) for which the agency intends to begin the process of amendment in accordance with this article; and
(3) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article before or after it is so identified in the report to the Code Commissioner."
SECTION   3.   Section 1-23-125 of the 1976 Code is amended to read:

"Section 1-23-125.   (A)   The legislative committee to which a regulation is submitted is not authorized to amend a particular

(B)   If a majority of a committee determines that it cannot approve a regulation in the form submitted, it shall notify the promulgating agency in writing along with its recommendations as to changes that would be necessary to obtain committee approval. The agency may:

(1)   withdraw the regulation from the General Assembly and resubmit it with the recommended changes to the Speaker and the Lieutenant Governor, but any regulation not resubmitted within thirty days is considered permanently withdrawn;

(2)   withdraw the regulation permanently;

(3)   take no action and abide by whatever action is taken or not taken by the General Assembly on the regulation concerned.

(C) The notification tolls the one-hundred-twenty-day period for automatic approval, and when an agency withdraws regulations from the General Assembly prior to the time a committee resolution to approve or disapprove the regulation has been introduced, the remainder of the period begins to run only on the date the regulations are resubmitted to the General Assembly. Upon resubmission of the regulations, additional days must be added to the days remaining in the review period for automatic approval, if less than twenty days, to equal twenty days, and a copy of the amended regulation must be given to each member of the committee. If an agency decides to take no action pursuant to item (3), it shall notify the committee in writing and the remainder of the period begins to run only upon this notification.

(D)   This section, as it applies to approval, disapproval, or modification of regulations, does not apply to joint resolutions introduced by other than the committees to which regulations are initially referred by the Lieutenant Governor or the Speaker of the House of Representatives.

(D)   A regulation submitted to the General Assembly for review may be withdrawn by the agency for any reason. The regulation may

(E)   If a regulation, when finally promulgated, includes a substantive change in the content of the regulation as proposedd and published in the State Register, and the substantive change was not raised, considered, or discussed by public comment required in Section 1-23-110, the regulation must be refiled by the agency with the Legislative Council and published as revised in the State Register and processed as a new regulation in accordance with this article."
SECTION   4.   Chapter 23 of Title 1 of the 1976 Code is amended by adding:

"Section 1-23-121.   No fee or fine may be established, modified, or increased unless authorized by law or authorized through regulation promulgated within an agency's grant of statutory authority."
SECTION   5.   This act takes effect July 1, 2005, and applies to regulations for which a notice of a public hearing has been published in the State Register, in accordance with Section 1-23-110(A)(3) of the 1976 Code, after June 30, 2005; all other regulations under General Assembly review on this act's effective date must be processed and reviewed in accordance with the law in effect on June 30, 2005.
Renumber sections to conform.
Amend title conform.

Rep. SCARBOROUGH explained the amendment.

Rep. OTT objected to the Bill.

Reps. SCOTT, HAYES, MCLEOD, HOSEY, CEIPS, SCARBOROUGH, G. BROWN, HINSON, YOUNG, COATES, ANTHONY, R. BROWN, WHIPPER, PERRY, CATO, MOODY-LAWRENCE, G. R. SMITH, GOVAN, CLEMMONS, CLYBURN, DUNCAN, M. A. PITTS and MAHAFFEY requested debate on the Bill.

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

The following was introduced:

H. 3961 (Word version) -- Reps. Mack, 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, 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 DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF OUR FRIEND AND COLLEAGUE, THE HONORABLE WALTER P. LLOYD, A MEMBER OF THE HOUSE OF REPRESENTATIVES FROM DISTRICT 121, UPON HIS DEATH.

Whereas, the members of the General Assembly were deeply saddened to learn that our friend and colleague, the Honorable Walter P. Lloyd of Walterboro died at his home on Thursday night, April 14, 2005, after a fairly lengthy illness; and

Whereas, he was born in Eastover, South Carolina, was a resident of Walterboro, a graduate of South Carolina State University where he earned a B.S.A. Degree in 1957, and a Masters of Education Degree in Education in 1963; and

Whereas, he was a retired agricultural education consultant for the State Department of Education and had served in the House of Representatives since 1995. He represented House District 121 consisting of areas in Colleton and Beaufort Counties; and

Whereas, as a member of the House Education and Public Works Committee, he spent a great deal of time and energy on issues dealing with children and education in South Carolina because he loved school children, and he knew the importance of a good education; and

Whereas, he was an active participant in the affairs of his home community and district, and he was always accessible to his constituents whatever their problem or need; and

Whereas, he was a devoted husband to his wife, Yvonne, and to his two children, and with the death of this truly fine man at the age of seventy-three, the people of Colleton and Beaufort Counties and the State of South Carolina have lost a warm and capable public servant and good friend who will be deeply missed; and

Whereas, the members of the General Assembly, by this resolution, would like to extend their heartfelt condolences to his wife, children, family, and many friends upon his death. Now, therefore,

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

That the members of the General Assembly express their deepest sympathy to the family of our friend and colleague, the Honorable Walter P. Lloyd, a member of the House of Representatives from District 121, upon his death.

Be it further resolved that a copy of this resolution be forwarded to his widow.

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

The following was introduced:

H. 3962 (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, 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 CONGRATULATE THE SOUTH CAROLINA STATE UNIVERSITY GOSPEL CHOIR, THE UNITED VOICES OF CHRIST, UPON BEING NAMED THE 2005 NATIONAL COLLEGIATE GOSPEL CHOIR OF THE YEAR.

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

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

H. 3963 (Word version) -- Reps. Bowers and R. Brown: A BILL TO DESIGNATE THE PORTION OF UNITED STATES HIGHWAY 17 LOCATED IN COLLETON COUNTY AS ACE BASIN SCENIC PARKWAY.
On motion of Rep. R. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following Bill was taken up:

H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT HEARING ON FAILURE TO COMPLY WITH A SUMMONS; AND

Rep. RICE proposed the following Amendment No. 9 (Doc Name COUNCIL\BBM\10832MM05), which was adopted:
Amend Section 12-37-2890(A) as found on page 14 of the Ways and Means Committee Amendment (document number BBM/10826MM05), at line 6, by inserting before /letter/ the word / certified /.
Renumber sections to conform.
Amend title to conform.

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

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

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

The Senate returned to the House with concurrence the following:

H. 3545 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES CLOUDS CREEK ALONG HIGHWAY S41-25, SPANN ROAD, IN SALUDA COUNTY "HARE'S MILL POND BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HARE'S MILL POND BRIDGE".

H. 3936 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION RECOGNIZING THE ACADEMIC PROWESS AND ENTREPRENEURIAL SPIRIT OF THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO RECEIVED STATEWIDE DECA AWARDS IN MARKETING COMPETITION IN CHARLESTON RECENTLY, AND WISHING

H. 3935 (Word version) -- Reps. Rutherford, 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, 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 DECLARE WEDNESDAY, APRIL 20, 2005, AS "LINKS DAY AT THE CAPITOL", TO RECOGNIZE THE SOUTH CAROLINA CHAPTER OF THE SOUTHERN AREA OF THE LINKS, INC., AND TO COMMEND THEM ON THEIR EFFORTS AND ADVOCACY IN SEEKING TO ELIMINATE HEALTH DISPARITIES IN THIS STATE.

H. 3948 (Word version) -- Rep. M. Hines: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ALLIE BROOKS, JR., OF FLORENCE FOR HIS TWENTY-NINE YEARS OF EDUCATING, MENTORING, AND LEADING STUDENTS AS PRINCIPAL OF WILSON HIGH SCHOOL, AND WISH HIM GOOD HEALTH AND HAPPINESS UPON HIS RETIREMENT.

H. 3962 (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-

H. 3961 (Word version) -- Reps. Mack, 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, 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 DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF OUR FRIEND AND COLLEAGUE, THE HONORABLE WALTER P. LLOYD, A MEMBER OF THE HOUSE OF REPRESENTATIVES FROM DISTRICT 121, UPON HIS DEATH.

At 12:30 p.m. the House, in accordance with the motion of Rep. BALLENTINE, adjourned in memory of his aunt, Margaret Jane Clarke of Greenville, Mississippi, to meet at 10:00 a.m. tomorrow.

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