South Carolina House Journal - April 20, 2005 - South Carolina Legislature Online

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

Printed Page 2409 . . . . . Wednesday, April 20, 2005

Wednesday, April 20, 2005
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

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

Our thought for today is from Psalm 118:27: "The Lord is God and he has made his light shine upon us."
Let us pray. Spirit of God, motivate us to do the work of the people in South Carolina. Enable Your servants to accomplish what they are charged to do. May they do this work with courage, wisdom and integrity. Look in favor upon our Nation, President, State and her leaders. Keep our defenders of freedom in Your safe care. 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.

MOTION ADOPTED

Rep. TALLEY moved that when the House adjourns, it adjourn in memory of Vivian Grace O'Sullivan of Moore, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 3840 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-

Printed Page 2410 . . . . . Wednesday, April 20, 2005

WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, TO DEFINE THE TERM "COMMUNICATIONS SERVICE PROVIDER" FOR THIS PURPOSE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.

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

S. 581 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE "BOILER SAFETY ACT" TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS FOR THE SAFE INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS IN THIS STATE, INCLUDING STANDARDS FOR NEW CONSTRUCTION AND FOR BOILERS IN USE; TO EXEMPT CERTAIN BOILERS FROM REGULATION UNDER THIS CHAPTER; TO IDENTIFY STANDARDS FOR WORKING PRESSURE OF A BOILER; TO AUTHORIZE THE APPOINTMENT OF A CHIEF BOILER INSPECTOR, FOR THE PURPOSE OF ENFORCING THE LAWS OF THIS STATE REGULATING THE USE OF BOILERS; TO PROVIDE CERTIFICATION REQUIREMENTS FOR SPECIAL INSPECTORS FOR COMPANIES INSURING BOILERS IN THIS STATE; TO PROVIDE BOILER INSPECTION TIMEFRAMES, CRITERIA, AND REPORTING REQUIREMENTS; TO PROVIDE PENALTIES; AND TO PROHIBIT A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING ORDINANCES REGULATING THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND REPAIR OF BOILERS.
Ordered for consideration tomorrow.

Printed Page 2411 . . . . . Wednesday, April 20, 2005

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

H. 3479 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
Ordered for consideration tomorrow.

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

H. 3383 (Word version) -- Reps. Loftis, Cato, Leach, Frye, Barfield, Hosey, J. R. Smith and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, TITLE 40 SO AS TO ENACT THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, INCLUDING PROVISIONS TO LICENSE AND REGULATE THE FIRE SPRINKLER SYSTEMS INDUSTRY, AND AMONG OTHER THINGS, TO ESTABLISH LICENSURE AND LICENSURE RENEWAL REQUIREMENTS AND FEES, TO PROVIDE GROUNDS FOR MISCONDUCT AND SANCTIONS FOR MISCONDUCT, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF FIRE SPRINKLER CONTRACTORS AND FIRE SPRINKLER SYSTEMS.
Ordered for consideration tomorrow.

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

H. 3853 (Word version) -- Reps. Huggins and E. H. Pitts: A BILL TO AMEND SECTION 40-57-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE AS A

Printed Page 2412 . . . . . Wednesday, April 20, 2005

REAL ESTATE BROKER, SALESPERSON, OR PROPERTY MANAGER SO AS TO PROVIDE FOR CRIMINAL RECORD REPORTS AND SATISFACTORY EVIDENCE THAT THE APPLICANT IS OF GOOD MORAL CHARACTER.
Ordered for consideration tomorrow.

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

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

Rep. CATO from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments.
Rep. PERRY for the minority, submitted an unfavorable report on:

H. 3525 (Word version) -- Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE PAYMENT OF AN ASSESSMENT LEVIED AGAINST THE PROPERTY.
Ordered for consideration tomorrow.

Printed Page 2413 . . . . . Wednesday, April 20, 2005

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

H. 3615 (Word version) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry and Rhoad: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VETERINARIANS AND VETERINARY TECHNICIANS INCLUDING, BUT NOT LIMITED TO, ESTABLISHING AN INVESTIGATIVE REVIEW COMMITTEE, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, PROVIDING PROCEDURES FOR VETERINARIANS IF AN ANIMAL IS ABANDONED IN THEIR CUSTODY, PROVIDING FOR A LIEN ON AN ANIMAL WHEN PAYMENT FOR CARE IS NOT MADE, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY VETERINARY CARE FACILITIES AND MOBILE VETERINARY FACILITIES.
Ordered for consideration tomorrow.

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

H. 3827 (Word version) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W. D. Smith, Vick, Davenport, Perry and Witherspoon: A BILL TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO DELETE CERTAIN PROVISIONS REQUIRED TO BE STATED ON A SURVEY DELINEATING COASTAL WATERS OR TIDELANDS; TO DELETE A REFERENCE TO

Printed Page 2414 . . . . . Wednesday, April 20, 2005

CRITICAL AREA LINES AFFECTING SUBDIVIDED RESIDENTIAL LOTS WITH REGARD TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; TO DELETE THE ERODING COASTAL STREAM BANK EXCEPTION TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; AND TO PROVIDE THAT A CRITICAL AREA DELINEATION INCORPORATED OR REFERENCED IN A PERMIT IS VALID FOR THE TERM OF THE PERMIT.
Ordered for consideration tomorrow.

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

H. 3340 (Word version) -- Reps. Scott, Govan and Ott: A JOINT RESOLUTION TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING SHALL DEVELOP AN ENERGY SAVINGS PLAN WHICH OVER A FIVE-YEAR PERIOD WILL REALIZE SAVINGS FROM ENERGY MANAGEMENT IMPROVEMENTS MORE THAN THE COST OF THE FUNDS EXPENDED TO MAKE THE IMPROVEMENTS AND TO PROVIDE FOR EXEMPTIONS FROM THE ABOVE PROVISIONS FOR INSTITUTIONS WHICH HAVE ALREADY IMPLEMENTED A COMPARABLE ENERGY SAVINGS PLAN.
Ordered for consideration tomorrow.

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

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

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

S. 102 (Word version) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford, Leatherman, Leventis, Campsen and Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS

Printed Page 2415 . . . . . Wednesday, April 20, 2005

OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THIS SPECIAL LICENSE PLATE TO PURPLE HEART RECIPIENTS WHO OWN MOTORCYCLES.
Ordered for consideration tomorrow.

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

S. 418 (Word version) -- Senators Hayes and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.

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

S. 653 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF GERVAIS STREET FROM ITS INTERSECTION WITH HARDEN STREET TO ITS INTERSECTION WITH MILLWOOD AVENUE IN THE CITY OF COLUMBIA "LIEUTENANT PHILLIP G. SCHLATTERER MEMORIAL STREET" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF GERVAIS STREET THAT CONTAIN THE WORDS "LIEUTENANT PHILLIP G. SCHLATTERER MEMORIAL STREET".
Ordered for consideration tomorrow.

Printed Page 2416 . . . . . Wednesday, April 20, 2005

HOUSE RESOLUTION

The following was introduced:

H. 3964 (Word version) -- Rep. Haskins: A HOUSE RESOLUTION RECOGNIZING AND HONORING LAURA BEAUVAIS-GODWIN FOR HER DEDICATION AND SERVICE ASSISTING COUPLES AND PLACING CHILDREN IN CARING HOMES THROUGH HER CAROLINA HOPE CHRISTIAN ADOPTION AGENCY, AND WISHING HER CONTINUED SUCCESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3965 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION RECOGNIZING THE TENTH ANNIVERSARY OF DR. HENRY N. TISDALE AS PRESIDENT OF CLAFLIN UNIVERSITY IN ORANGEBURG, AND CELEBRATING HIS COUNTLESS CONTRIBUTIONS TO THE UNIVERSITY, THE COMMUNITY, AND THE STATE DURING THAT "SOLID GOLD DECADE".

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3966 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE STUDENTS, FACULTY, ADMINISTRATION, AND STAFF OF INDEPENDENCE ELEMENTARY SCHOOL IN YORK COUNTY ON RECEIVING THE 2005 PALMETTO'S FINEST AWARD AND FOR STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.

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

Printed Page 2417 . . . . . Wednesday, April 20, 2005

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 768 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND COLUMBIA COLLEGE ON 150 YEARS OF PROVIDING EXCEPTIONAL EDUCATIONAL AND LEADERSHIP OPPORTUNITIES FOR WOMEN AND TO WISH THE COLLEGE MUCH SUCCESS AS IT CONTINUES TO PROVIDE A QUALITY EDUCATION FOR MANY GENERATIONS TO COME.

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

INTRODUCTION OF BILLS

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

H. 3967 (Word version) -- Rep. Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2685 SO AS TO PROVIDE THAT A RETAILER DOING BUSINESS IN SOUTH CAROLINA WHO DELIVERS TANGIBLE PERSONAL PROPERTY INTO A COUNTY IN THIS STATE IN WHICH THE RETAILER MAINTAINS NO RETAIL LOCATIONS AND IN WHICH IS IMPOSED A LOCAL SALES AND USE TAX ADMINISTERED BY THE DEPARTMENT OF REVENUE, IS NOT REQUIRED TO COLLECT AND REMIT THAT COUNTY'S SALES AND USE TAX AND TO PROVIDE THAT THIS SECTION DOES NOT RELIEVE THE USER OR CONSUMER OF THE TANGIBLE PERSONNEL PROPERTY OF PAYING THE APPLICABLE LOCAL USE TAX.
Referred to Committee on Ways and Means

H. 3968 (Word version) -- Reps. Govan, Clyburn, Rutherford, Hosey, Moody-Lawrence, Lee, Clark, Allen, Breeland, J. Brown, R. Brown, Davenport, Jefferson, Littlejohn, Mack, J. H. Neal and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-285 SO AS TO ENACT THE HEALTHY SOUTH CAROLINIANS 2010 ACT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND

Printed Page 2418 . . . . . Wednesday, April 20, 2005

PROMOTE HEALTHY SOUTH CAROLINIANS 2010 GOALS AND OBJECTIVES, USING THE FEDERAL HEALTHY PEOPLE 2010 AS A MODEL; TO PROVIDE THAT THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GENERAL ASSEMBLY ON THE STATUS OF DISPARITIES IN HEALTH AMONG MINORITIES AND NONMINORITIES; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH MINORITY PHYSICIAN NETWORKS TO DEVELOP PROGRAMS TO EDUCATE HEALTH CARE PROFESSIONALS ABOUT THE IMPORTANCE OF CULTURE IN HEALTH STATUS; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH HEALTH ORGANIZATIONS TO INCREASE THE PROPORTION OF HEALTH CARE PROFESSIONALS FROM MINORITY BACKGROUNDS; AND TO PROVIDE THAT THE DEPARTMENT SHALL PROMOTE RESEARCH ON METHODS TO REDUCE DISPARITIES IN HEALTH CARE; AND TO ADD SECTION 44-6-225 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL CONTRACT WITH MINORITY PHYSICIAN NETWORKS TO PROVIDE COST-EFFECTIVE MEDICAID SERVICES; AND TO PROVIDE THAT THE DEPARTMENT SHALL WORK TO EXPAND MINORITY PHYSICIAN NETWORKS IN EACH HEALTH DISTRICT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3972 (Word version) -- Rep. Emory: A BILL TO AMEND SECTION 44-113-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE PROVIDER SELF REFERRAL ACT, INCLUDING THE DEFINITION OF "INVESTMENT INTEREST" USED IN THE PROVIDER SELF-REFERRAL ACT AND EXEMPTIONS FROM THIS DEFINITION, SO AS TO CLARIFY THAT THE EXEMPTION FOR AN INVESTMENT INTEREST IN AN ENTITY IN RURAL AREAS MUST ONLY PROVIDE SEVENTY-FIVE PERCENT OR MORE OF THE DESIGNATED HEALTH SERVICES, RATHER THAN ALL OF THESE SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander, Fair and Knotts: A BILL TO AMEND SECTION 16-1-60,

Printed Page 2419 . . . . . Wednesday, April 20, 2005

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.
Referred to Committee on Judiciary

S. 268 (Word version) -- Senators Peeler and Cleary: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

Printed Page 2420 . . . . . Wednesday, April 20, 2005

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

S. 506 (Word version) -- Senator Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 573 (Word version) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: A BILL TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE,

Printed Page 2421 . . . . . Wednesday, April 20, 2005

SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55 SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; AND TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE.
Referred to Committee on Labor, Commerce and Industry

S. 580 (Word version) -- Senators Knotts, Grooms, Bryant, Reese, Ford, Verdin, Elliott, Short, Mescher, Patterson, Matthews, Land, Thomas, Rankin and Ryberg: A BILL TO AMEND SECTION 10-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESSIBILITY COMMITTEE FOR THE BUILDING CODES COUNCIL, SO AS TO CLARIFY THAT THE COMMITTEE SHALL ADVISE THE COUNCIL ON MATTERS OF ACCESSIBILITY TO BUILDINGS, STRUCTURES, AND FACILITIES BY PERSONS WITH DISABILITIES.
Referred to Committee on Labor, Commerce and Industry

Printed Page 2422 . . . . . Wednesday, April 20, 2005

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

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

Printed Page 2423 . . . . . Wednesday, April 20, 2005

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

HOUSE RESOLUTION

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

H. 3969 (Word version) -- Rep. Norman: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL MARCHING BAND, SCHOOL ADMINISTRATORS, AND FACULTY AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THEIR HARD WORK AND DEDICATION.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to representatives of the Fort Mill High School Marching Band, school administrators, and faculty, at a date and time to be determined by the Speaker, for the purpose of recognizing their hard work and dedication.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3970 (Word version) -- Rep. Norman: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THOMAS EDWARD CALHOUN "TEC" DOWLING OF FORT MILL FOR HIS OUTSTANDING SERVICE AS SUPERINTENDENT OF FORT MILL SCHOOL

Printed Page 2424 . . . . . Wednesday, April 20, 2005

DISTRICT FOUR UPON HIS RETIREMENT, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3971 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL MARCHING BAND ON CAPTURING THE 2004 SOUTH CAROLINA AAAA STATE CHAMPIONSHIP, AND HONOR THE BAND MEMBERS AND DIRECTOR OF BANDS MARTIN DICKEY FOR THEIR HARD WORK AND DEDICATION.

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

HOUSE RESOLUTION

The following was introduced:

H. 3973 (Word version) -- Reps. Ceips, Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, 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, Witherspoon and Young: A HOUSE RESOLUTION TO WELCOME HOME HERBERT L. JONES OF COLUMBIA, SOUTH CAROLINA, FROM HIS TOUR OF DUTY IN IRAQ AND TO EXPRESS THE DEEPEST RESPECT

Printed Page 2425 . . . . . Wednesday, April 20, 2005

AND ADMIRATION OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR THE SACRIFICES HE MADE IN SERVICE TO OUR NATION AND THE PEOPLE OF IRAQ.

The Resolution was adopted.

ROLL CALL

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

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

Printed Page 2426 . . . . . Wednesday, April 20, 2005

G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 20.

Douglas Jennings                  Thomas Rhoad
Jackson "Seth"  Whipper           Tracy Edge
Joseph Neal

Total Present--120

STATEMENT OF ATTENDANCE

Rep. SIMRILL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 19.

STATEMENT OF ATTENDANCE

Rep. HOWARD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 14.

HOUSE TO MEET IN LOCAL SESSION AT 10:00 A.M. TOMORROW AND FRIDAY

Rep. BAILEY moved that when the House adjourns it adjourn to meet at 10:00 a.m. tomorrow and Friday in Local Session, which was agreed to.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. ~~After a bill or~~

Printed Page 2427 . . . . . Wednesday, April 20, 2005

~~resolution has been presented and given first reading, no further names of co-sponsors may be added.~~ A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number: H. 3622 (Word version)
Date: ADD:
04/20/05 M. A. PITTS

CO-SPONSOR ADDED

Bill Number: H. 3235 (Word version)
Date: ADD:
04/20/05 BOWERS

CO-SPONSOR ADDED

Bill Number: H. 3141 (Word version)
Date: ADD:
04/20/05 BATTLE

CO-SPONSOR ADDED

Bill Number: H. 3841 (Word version)
Date: ADD:
04/20/05 PINSON

CO-SPONSOR ADDED

Bill Number: H. 3805 (Word version)
Date: ADD:
04/20/05 CLARK

CO-SPONSOR ADDED

Bill Number: H. 3807 (Word version)
Date: ADD:
04/20/05 CLARK

Printed Page 2428 . . . . . Wednesday, April 20, 2005

CO-SPONSOR ADDED

Bill Number: H. 3015 (Word version)
Date: ADD:
04/20/05 CLARK

CO-SPONSOR ADDED

Bill Number: H. 3816 (Word version)
Date: ADD:
04/20/05 CLARK

CO-SPONSOR ADDED

Bill Number: H. 3622 (Word version)
Date: ADD:
04/20/05 DUNCAN

CO-SPONSOR ADDED

Bill Number: H. 3726 (Word version)
Date: ADD:
04/20/05 R. BROWN

CO-SPONSOR ADDED

Bill Number: H. 3264 (Word version)
Date: ADD:
04/20/05 MAHAFFEY

CO-SPONSOR ADDED

Bill Number: H. 3453 (Word version)
Date: ADD:
04/20/05 MAHAFFEY

CO-SPONSOR ADDED

Bill Number: H. 3235 (Word version)
Date: ADD:
04/20/05 CLARK

CO-SPONSOR ADDED

Bill Number: H. 3341 (Word version)
Date: ADD:
04/20/05 NORMAN

Printed Page 2429 . . . . . Wednesday, April 20, 2005

SENT TO THE SENATE

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

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.

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 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, TO PROVIDE THAT APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT ON SEPTEMBER FIRST OF THE FOLLOWING FISCAL YEAR, 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 ACCRUED 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, AND 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 BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR

Printed Page 2430 . . . . . Wednesday, April 20, 2005

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.

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 CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR THE SOUTH CAROLINA RESEARCH DIVISION AND THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AS TWO DIVISIONS OF THE AUTHORITY, TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE AUTHORITY AND TO PROVIDE ITS DUTIES, TO PROVIDE FOR A BUSINESS AND SCIENCE ADVISORY BOARD TO BE APPOINTED BY THE EXECUTING COMMITTEE OF THE BOARD OF TRUSTEES, TO PROVIDE DUTIES OF THE ADVISORY BOARD, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH DIVISION SHALL OPERATE EXISTING RESEARCH PARKS IN COOPERATION WITH CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA AT COLUMBIA, TO PROVIDE THAT THE AUTHORITY MAY ESTABLISH AND OPERATE ADDITIONAL FACILITIES, TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION RELATING TO A PROSPECTIVE INDUSTRY CONSIDERING A RESEARCH PARK, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS SHALL ESTABLISH THREE RESEARCH INNOVATION CENTERS ASSOCIATED WITH THE THREE RESEARCH UNIVERSITIES, TO PROVIDE THE OBJECTIVES OF THE CENTERS, TO PROVIDE FOR RESEARCH INNOVATION CENTER DIRECTORS AND STAFF FOR EACH RESEARCH INNOVATION CENTER, TO PROVIDE

Printed Page 2431 . . . . . Wednesday, April 20, 2005

FOR THE FUNDING OF THE CENTERS, TO PROVIDE FOR FINANCING OF THE COSTS ASSOCIATED WITH THE PHYSICAL SPACE FOR THE INNOVATION CENTERS, AND TO PROVIDE POWERS AND DUTIES OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS.

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 BONDS IN AN AMOUNT UP TO FIVE MILLION DOLLARS ONLY UPON RESOLUTION OF APPROVAL BY THE STATE BUDGET AND CONTROL BOARD, AND NOT PURSUANT TO OTHER APPROVAL PROCEDURES.

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.

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.

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

Printed Page 2432 . . . . . Wednesday, April 20, 2005

1976, RELATING TO EXEMPTIONS FROM SALES TAX, INCLUDING PRESCRIPTION MEDICATIONS, SO AS TO ALSO INCLUDE IN THIS EXEMPTION, PRESCRIPTIONS FOR THE TREATMENT OF RHEUMATOID ARTHRITIS.

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.

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 OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL,

Printed Page 2433 . . . . . Wednesday, April 20, 2005

DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED; TO AMEND SECTIONS 12-6-1110 AND 12-6-1130, RELATING TO CALCULATIONS OF INCOME, SO AS TO PROVIDE FOR CALCULATIONS WITHOUT SOME OF THE DEDUCTIONS ALLOWED BY THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB"; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO

Printed Page 2434 . . . . . Wednesday, April 20, 2005

PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTION 12-8-520 RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO

Printed Page 2435 . . . . . Wednesday, April 20, 2005

FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTION 12-37-230, RELATING TO SERVICE CONTRACTS WITH NONPROFIT HOUSING CORPORATIONS, SO AS TO ALLOW A COUNTY OR MUNICIPALITY TO CHARGE REASONABLE FEES FOR SERVICES NOT TO EXCEED TAXES THAT WOULD OTHERWISE BE DUE ON THE PROPERTY; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT; TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; TO AMEND SECTION 12-54-90, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN

Printed Page 2436 . . . . . Wednesday, April 20, 2005

EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE THE NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST RESULTS IN A DECISION BECOMING FINAL AND TO PROVIDE, FURTHER, FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR; BY ADDING SECTION 33-14-420 SO AS TO FURTHER PROVIDE FOR CLAIMANTS AGAINST FUNDS OF A DISSOLVED CORPORATION; TO REPEAL SECTION 12-37-240, RELATING TO PAYMENTS IN LIEU OF TAXES BY EXEMPT NONPROFIT HOUSING CORPORATIONS AND SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION.

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

Printed Page 2437 . . . . . Wednesday, April 20, 2005

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 TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO SANCTIONS AGAINST A PERSON AUTHORIZED TO REPRESENT A TAXPAYER ADMINISTRATIVELY, SO AS TO INCLUDE A MONETARY PENALTY AND MAKE A CLARIFICATION.

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

Printed Page 2438 . . . . . Wednesday, April 20, 2005

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.

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.

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, Anderson, Hardwick, Frye, W. D. Smith, Leach, J. H. Neal, G. R. Smith, Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield, Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan, Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, J. E. Smith, Talley, Thompson, Toole, Townsend, White, Umphlett, Allen, Simrill and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY

Printed Page 2439 . . . . . Wednesday, April 20, 2005

QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

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.

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

Printed Page 2440 . . . . . Wednesday, April 20, 2005

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 INDIVIDUAL UNDER THE AGE OF EIGHTEEN TO POSSESS A TOBACCO PRODUCT, TO PROVIDE THE CONDITIONS IN WHICH TOBACCO PRODUCTS MAY BE DISTRIBUTED IN VENDING MACHINES, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, AND TO DEFINE THE TERM "PERSON"; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND THE IMPLEMENTATION OF PROVISIONS THAT REGULATE THE SALE AND USE OF TOBACCO PRODUCTS BY LOCAL GOVERNMENTS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO PROVISIONS REGULATING SUPPLYING TOBACCO PRODUCTS TO MINORS; AND TO REVISE THE DEFINITION OF THE TERM "PROOF OF AGE".

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.

Printed Page 2441 . . . . . Wednesday, April 20, 2005

ORDERED ENROLLED FOR RATIFICATION

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

S. 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.

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.

MOTION NOTED

Rep. FRYE moved to reconsider the vote whereby H. 3647 (Word version) was given a second reading and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3966 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE STUDENTS,

Printed Page 2442 . . . . . Wednesday, April 20, 2005

FACULTY, ADMINISTRATION, AND STAFF OF INDEPENDENCE ELEMENTARY SCHOOL IN YORK COUNTY ON RECEIVING THE 2005 PALMETTO'S FINEST AWARD AND FOR STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.

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

ADJOURNMENT

At 10:40 a.m. the House, in accordance with the motion of Rep. TALLEY, adjourned in memory of Vivian Grace O'Sullivan of Moore, to meet at 10:00 a.m. in Local Session tomorrow and Friday.

***

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