Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Isaiah 42:6: "I have given you my servant as a covenant to the people, a light to the nations."
Let us pray. Dear God, let Your light shine in the darkest corners of our lives. Let all who are touched by Your light be a force for justice and peace in the world. Guide these women and men to be shining examples of Your light as they work and study together for the best You have to offer. Defend us against all false promises and desires. Bless our Nation, the President, our State and our leaders. Hold our defenders of freedom in Your safe arms. Hear us as we pray. 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 PRO TEMPORE.

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

Rep. ALTMAN moved that when the House adjourns, it adjourn in memory of Arthur Hogan of Charleston, which was agreed to.

The following was received:

Columbia, S.C., January 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. 405, H. 3507 by a vote of 35 to 1:

R. 405, H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO

Very respectfully,
President
Received as information.

The following were received and referred to the appropriate committees for consideration:

Document No. 2940
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 20 U.S.C. Section 6301, et seq.
Administrative and Professional Personnel Qualifications, Duties and Workloads
Received by Speaker of the House of Representatives
January 18, 2005
Referred to Education and Public Works Committee
Legislative Review Expiration May 18, 2005

Document No. 2941
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-26-10, et seq.
Assisting, Developing, and Evaluating Professional Teaching (ADEPT)
Received by Speaker of the House of Representatives
January 18, 2005

Document No. 2949
Agency: Board of Dentistry - Department of Labor, Licensing and Regulation
Statutory Authority: 1976 Code Sections 40-1-40, 40-15-40, and 40-15-140
Examination of Dentists and Dental Hygienists
Received by Speaker of the House of Representatives
January 18, 2005
Referred to Education and Public Works Committee
Legislative Review Expiration May 18, 2005

Document No. 2950
Agency: Board of Dentistry - Department of Labor, Licensing and Regulation
Statutory Authority: 1976 Code Sections 40-1-40, 40-15-40, and 40-15-140
Re-examination
Received by Speaker of the House of Representatives
January 18, 2005
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 18, 2005

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

H. 3011 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Cato, Harrell, Chellis, G. R. Smith, Sandifer, Coates, Young, Owens, Kirsh, Merrill, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Toole, Chalk and Brady: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE AND THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THESE PROVISIONS, THEY MUST BE

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

H. 3026 (Word version) -- Reps. Cato, G. M. Smith, Edge, Sandifer, Coates, Kirsh and Bales: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES AND STANDARDS, SO AS TO PROVIDE THE MODIFICATIONS PROMULGATED PURSUANT TO THE PROVISIONS OF THIS SECTION DO NOT REQUIRE READOPTION BY THE BUILDING CODES COUNCIL FOR SUBSEQUENT EDITIONS OF THE BUILDING CODES, AND TO PROVIDE A PROCEDURE TO RECONSIDER EXISTING MODIFICATIONS.
Ordered for consideration tomorrow.

H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey and Duncan: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Ordered for consideration tomorrow.

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

H. 3276 (Word version) -- Reps. Wilkins, W. D. Smith, Merrill and Tripp: A HOUSE RESOLUTION TO COMMEND THE CONGRESS OF THE UNITED STATES FOR MAKING OUR NATION'S DEFENSE ITS FIRST PRIORITY IN 2002, 2003, AND 2004 AND REQUEST THE CONGRESS TO CONTINUE THIS IMPORTANT TRADITION BY PASSING AND ENACTING THE DEFENSE APPROPRIATIONS LEGISLATION BEFORE ALL OTHER SPENDING BILLS IN 2005 AND IN FUTURE YEARS.
Ordered for consideration tomorrow.

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

H. 3279 (Word version) -- Reps. Wilkins, W. D. Smith and Tripp: A HOUSE RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO SUPPORT AND ENACT MEANINGFUL MEDICAL MALPRACTICE REFORM.
Ordered for consideration tomorrow.

H. 3295 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE WALKWAY THAT EXTENDS FROM THE E. B. MORSE ELEMENTARY SCHOOL CAMPUS TO THE JOE R. ADAIR OUTDOOR EDUCATION CENTER THE "JOE R. ADAIR MEMORIAL WALKWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS WALKWAY CONTAINING THE WORDS "JOE R. ADAIR MEMORIAL WALKWAY".
Ordered for consideration tomorrow.

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

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

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

H. 3086 (Word version) -- Reps. J. R. Smith, Cotty, Chellis, Scarborough, Bales, Brady, Cato, Ceips, Clark, Hamilton, Harrell, Haskins, Leach, Neilson, Perry, D. C. Smith, G. R. Smith, Townsend, Tripp, Vaughn, Walker, Coates, Owens, E. H. Pitts, Littlejohn, Rice, Witherspoon, Hinson, Mahaffey, Duncan, Huggins, Frye and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTING RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT AND SPECIAL SCHOOLS INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2005.
Ordered for consideration tomorrow.

H. 3150 (Word version) -- Reps. Rice, Clyburn, Littlejohn, E. H. Pitts, Simrill, Loftis, Chellis, Martin, Herbkersman, J. R. Smith, Taylor, G. R. Smith, Vaughn, Harrison, Davenport, Young, Owens, Kirsh, Leach, Brady, Walker, Haley, Toole, Duncan and Mahaffey: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.
Ordered for consideration tomorrow.

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

H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J. M. Neal, Neilson, Ott, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J. R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER

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

H. 3009 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, Harrison, G. R. Smith, Davenport, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Brady, Hinson, Clark, Walker, Simrill, Toole, Chalk, Duncan and Bailey: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2005" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED

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

H. 3007 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G. R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett and Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.
Ordered for consideration tomorrow.

The following was introduced:

H. 3322 (Word version) -- Reps. Cato and Tripp: A HOUSE RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO SUPPORT AND ENACT MEANINGFUL CLASS ACTION AND LEGAL REFORM.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3323 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS, COACHES, AND OTHER OFFICIALS OF THE DORMAN HIGH SCHOOL "CAVALIERS" GIRLS VARSITY VOLLEYBALL TEAM AND GIRLS VARSITY CROSS COUNTRY TEAM ON WEDNESDAY, FEBRUARY 16, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2004 CLASS AAAA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the members, coaches, and other officials of the Dorman High School "Cavaliers" Girls Varsity Volleyball Team and Girls Varsity Cross Country Team on Wednesday, February 16, 2005, at a time to be determined by the Speaker, for the purpose of being recognized for winning the 2004 Class AAAA State Championship.

The Resolution was adopted.

The following was introduced:

H. 3324 (Word version) -- Rep. Ceips: A HOUSE RESOLUTION TO SUPPORT AND ENCOURAGE PARTICIPATION IN THE NINTH ANNUAL NATIVE ISLANDER GULLAH CELEBRATION OCCURRING ON HILTON HEAD ISLAND DURING THE MONTH OF FEBRUARY 2005.

The Resolution was adopted.

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

H. 3325 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-4-1115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT BETWEEN AN IMPORTER AND A FOREIGN BREWER, SO AS TO CLARIFY THAT A FOREIGN BREWER INCLUDES ITS SUCCESSOR OR ASSIGNEE.
Referred to Committee on Judiciary

H. 3326 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING JURIES, SO AS TO PROVIDE WHEN A JURY IS DRAWN FOR A SINGLE TRIAL THAT THE PARTIES SHALL EXERCISE PEREMPTORY CHALLENGES BEFORE TRIAL AND ONLY PERSONS SELECTED MAY BE SUMMONED FOR TRIAL.
Referred to Committee on Judiciary

H. 3327 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES, TO PROVIDE THE REQUIREMENTS FOR DRUG TESTING AND TO ALLOW INFORMATION RECEIVED BY AN EMPLOYER IN A DRUG-TESTING PROGRAM TO BE RECEIVED IN EVIDENCE IN A PROCEEDING DETERMINING ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION AND TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT RECORD OF AN EMPLOYMENT UNIT IN A BUSINESS ACQUISITION OR REORGANIZATION WITH CONTINUITY OF CONTROL FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO REQUIRE A VIOLATION TO BE KNOWING RATHER THAN WILFUL AND TO DEFINE "KNOWINGLY" AND "KNOWING" AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT

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

H. 3329 (Word version) -- Reps. G. R. Smith, Harrell, Wilkins, W. D. Smith, M. A. Pitts, Ceips, Leach, Clark, Merrill, Harrison, Vaughn, E. H. Pitts, Tripp, Chellis, Duncan, Bales, Martin, J. Brown, Simrill, Allen, Altman, Anthony, Bailey, Ballentine, Barfield, Bingham, Branham, Cato, Chalk, Clemmons, Clyburn, Coates, Cobb-Hunter, Frye, Hagood, Haley, Hamilton, Hardwick, Haskins, Herbkersman, Hinson, Huggins, Kirsh, Limehouse, Littlejohn, Loftis, Mahaffey, McGee, Norman, Ott, Owens, Pinson, Rice, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, J. R. Smith, Talley, Toole, Townsend, Umphlett, White, Whitmire, Witherspoon and Young: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON STATE APPROPRIATIONS, SO AS TO DELETE THE EXISTING LIMITATION ON APPROPRIATIONS AND IMPOSE A NEW LIMIT EFFECTIVE FOR APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2007, AND UPON TIMELY RATIFICATION OF AN AMENDMENT TO ARTICLE X, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, PROVIDING FOR THE REVISED LIMITATION ON APPROPRIATIONS AND AN AMENDMENT TO ARTICLE X ADDING A NEW SECTION ESTABLISHING THE SPENDING LIMIT RESERVE FUND AND PROVIDING FOR ITS USE, TO PROVIDE THAT THE LIMITATION FOR A FISCAL YEAR IS APPROPRIATIONS FOR THE CURRENT FISCAL YEAR AS OF FEBRUARY FIFTEENTH, INCREASED BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE, AND TO PROVIDE THAT THE COMPTROLLER GENERAL SHALL NOTIFY THE GOVERNOR, SPEAKER OF THE HOUSE, AND PRESIDENT PRO TEMPORE OF THE SENATE IF THE SPENDING LIMIT IS EXCEEDED SO THAT THE GENERAL ASSEMBLY MAY TAKE CORRECTIVE ACTION; BY ADDING SECTION 11-11-415 SO AS TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND,

H. 3334 (Word version) -- Reps. Cooper, Rice, Hiott, Owens and Skelton: A JOINT RESOLUTION TO CHANGE THE NAME OF EARLE E. MORRIS, JR., HIGHWAY IN ANDERSON AND PICKENS COUNTIES TO SOUTH CAROLINA HIGHWAY 153 AND TO NOTIFY THE COUNTY GOVERNING BODIES AND POST OFFICES AFFECTED BY THE CHANGE.
Referred to Committee on Education and Public Works

H. 3335 (Word version) -- Reps. Limehouse, Hagood, Merrill, Whipper, Altman, Breeland, R. Brown, Chellis, Harrell, Hinson, Mack, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-676 SO AS TO DESIGNATE SWEET GRASS BASKET THE OFFICIAL STATE HANDCRAFT.
Referred to Committee on Education and Public Works

H. 3336 (Word version) -- Rep. Bingham: 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

The following was introduced:

H. 3330 (Word version) -- Rep. Agnew: A HOUSE RESOLUTION TO RECOGNIZE JUDGE HAROLD C. DIXON OF CALHOUN FALLS ON THE OCCASION OF HIS RETIREMENT AS MUNICIPAL COURT JUDGE FOR THE TOWN OF CALHOUN FALLS AND TO COMMEND HIM FOR HIS OVER THIRTY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE CITIZENS OF CALHOUN FALLS AND THE STATE.

The Resolution was adopted.

The following was introduced:

H. 3331 (Word version) -- Rep. Agnew: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO BRENDA ANDERSON, ABBEVILLE COUNTY VOTER REGISTRATION DIRECTOR, FOR HER EXEMPLARY SERVICE AND EXTEND BEST WISHES FOR A LONG AND FULFILLING RETIREMENT.

The Resolution was adopted.

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

H. 3332 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BELTON-HONEA PATH HIGH SCHOOL "BEARS" FOOTBALL TEAM, COACH WAYNE GREEN, AND OTHER SCHOOL OFFICIALS,

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Belton-Honea Path High School "Bears" Football Team, Anderson County, Head Coach Wayne Green, and other school officials, on Wednesday, February 16, 2005, at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team on their outstanding season and their Class AAA State Championship.

The Resolution was adopted.

The following was introduced:

H. 3333 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION CONGRATULATING THE BELTON-HONEA PATH HIGH SCHOOL "BEARS" FOOTBALL TEAM OF ANDERSON COUNTY ON THEIR STELLAR SEASON AND THEIR FIRST CLASS AAA STATE CHAMPIONSHIP AND HONORING THESE OUTSTANDING PLAYERS AND COACH WAYNE GREEN AND HIS COACHING STAFF.

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

The following was introduced:

H. 3337 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO CONGRATULATE MR. AND MRS. PHIL SHERER OF BALLENTINE ON THEIR FORTIETH WEDDING ANNIVERSARY

The Resolution was adopted.

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bales
Ballentine             Barfield               Battle
Bingham                Bowers                 Brady
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Davenport
Duncan                 Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harvin                 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
Neilson                Norman                 Ott
Owens                  Parks                  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                 Toole
Townsend               Tripp                  Umphlett

Vaughn                 Vick                   Weeks
Whipper                White                  Whitmire
Witherspoon            Young

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

Jackie Hayes                      James Neal
Thad Viers                        James Harrison
Tracy Edge                        Bill Cotty
Lester P. Branham

Rep. HARVIN 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, January 18.

The SPEAKER PRO TEMPORE granted Rep. WILKINS a leave of absence for the day to attend the Inaugural Ceremonies in Washington.

The SPEAKER PRO TEMPORE granted Rep. THOMPSON a leave of absence due to illness.

The SPEAKER PRO TEMPORE granted Rep. DELLENEY a leave of absence for the day to attend the Inaugural Ceremonies in Washington.

The SPEAKER PRO TEMPORE granted Rep. DANTZLER a leave of absence for the day to attend the Inaugural Ceremonies in Washington.

The SPEAKER PRO TEMPORE granted Rep. BAILEY a leave of absence for the day to attend the Inaugural Ceremonies in Washington.

Announcement was made that Dr. Gerald A. Wilson of Columbia is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 3013 (Word version)
Date:   ADD:
01/19/05   BRADY

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/19/05   CATO

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/19/05   WALKER

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/19/05   DAVENPORT

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/19/05   G. R. SMITH

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/19/05   HAMILTON

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/19/05   LEACH

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/19/05   F. N. SMITH

Bill Number:   H. 3213 (Word version)
Date:   ADD:
01/19/05   WALKER

Bill Number:   H. 3184 (Word version)
Date:   ADD:
01/19/05   CATO

Bill Number:   H. 3284 (Word version)
Date:   ADD:
01/19/05   CATO

Bill Number:   H. 3086 (Word version)
Date:   ADD:
01/19/05   HUGGINS

Bill Number:   H. 3086 (Word version)
Date:   ADD:
01/19/05   TOOLE

Bill Number:   H. 3086 (Word version)
Date:   ADD:
01/19/05   FRYE

Bill Number:   H. 3084 (Word version)
Date:   ADD:
01/19/05   MCLEOD

Bill Number:   H. 3085 (Word version)
Date:   ADD:
01/19/05   MCLEOD

Bill Number:   H. 3213 (Word version)
Date:   ADD:
01/19/05   CLARK

Bill Number:   H. 3305 (Word version)
Date:   ADD:
01/19/05   HARRELL

Bill Number:   H. 3322 (Word version)
Date:   ADD:
01/19/05   TRIPP

Bill Number:   H. 3250 (Word version)
Date:   ADD:
01/19/05   DAVENPORT

Bill Number:   H. 3249 (Word version)
Date:   ADD:
01/19/05   DAVENPORT

Bill Number:   H. 3012 (Word version)
Date:   REMOVE:
01/19/05   BRADY

Rep. Merrill, pursuant to House Rule 6.1, moved that when the House adjourns today that it adjourn to meet in local session at 10:00 a.m. on Thursday, January 20, and Friday, January 21, and that the House next meet in regular statewide session on Tuesday, January 25, 2005, at 12:00 noon, which was agreed to.

The following Bill was taken up:

S. 254 (Word version) -- Senators McGill and Cleary: A BILL TO AMEND ACT 591 OF 1994, RELATING TO THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE GEORGETOWN LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.

Rep. MILLER proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22900HTC05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.   Section (A) of Act 515 of 1996, as last amended by Act 437 of 2002, is further amended to read:

"(A)(1)   Except for those instances exempted in subsection (B), in all cases where appointments to offices, boards, and commissions are made by or upon the recommendation of the House Delegation, the Senate Delegation, or the Joint Legislative Delegation of Georgetown County, or by any other member or combination of members of the General Assembly by reason of their representing all or a portion of Georgetown County, all said appointments must be made by or upon the recommendation of a majority of the members of the governing body of Georgetown County if, and to the extent that, the governing body of Georgetown County by ordinance or resolution agrees to accept the responsibility and the authority for making those appointments and notifies the Code Commissioner and the Secretary of State of its acceptance. All appointments and recommendations must be made without regard to race, religion, color, sex, or national origin.

(2) The application of subsection (A) includes, but is not limited to:

Name                       Authority

(1)     Forestry Board             Section 48-33-50

(2)     Veterans Affairs             Section 25-11-40

(3)     County Department of

Social Services             Section 43-3-10

(4)     Vacant

(5)     Department of Disabilities

and Special Needs           Section 44-20-375

(6)     Foster Care Review Board     Section 20-7-2385

(7)     Mental Health Center Board   Section 44-15-60

(8)     Vacant

(9)     Economic Opportunity

Commission               Section 4-31-330

(10)     Georgetown Pilotage

Commission               Section 54-15-10

(11)     Murrell's Inlet -

Garden City Fire District     Act 876 of 1966

(12)     Vacant

(13)     Board of Elections

& Registration             Act 591 of 1995

The appointment of magistrates as provided in Section 22-1-10 and the appointment of members of the Georgetown Water and Sewer District as provided for in Act 733 of 1957 are unaffected by the provisions of this act."

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

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

On motion of Rep. MILLER, with unanimous consent, it was ordered that S. 254 (Word version) be read the third time tomorrow.

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

H. 3006 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J. E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE

Rep. HINSON explained the Bill.

H. 3234 (Word version) -- Reps. Harrell, Wilkins, Harvin, Walker, Tripp, J. E. Smith, Altman, Bowers and Bailey: A BILL TO AMEND ARTICLE 7, CHAPTER 11 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO INCLUDE A FACILITY THAT OPERATES TWO OR MORE SPECIAL, STATE-TAXED PLANES FOR THE TRANSPORT OF SPECIAL CARGO, TO INCLUDE AN ECONOMIC DEVELOPMENT PROJECT THAT IS FUNCTIONALLY RELATED TO AIR CARRIER HUB TERMINAL FACILITIES SATISFYING THE CRITERIA, TO PROVIDE THAT THE SECRETARY OF THE DEPARTMENT OF COMMERCE MAY DETERMINE CONCLUSIVELY THAT AN AIRPORT TERMINAL FACILITY QUALIFIES AS AN AIR CARRIER HUB TERMINAL FACILITY, TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ECONOMIC DEVELOPMENT BOND ACT, SO AS TO INCLUDE AS INFRASTRUCTURE BUILDINGS ON ALL QUALIFYING AIR CARRIER HUB TERMINAL FACILITIES.

Rep. RICE asked unanimous consent to recall H. 3334 (Word version) from the Committee on Education and Public Works.
Rep. ALTMAN objected.

The Veto on the following Act was taken up:

R. 380, H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES FOR MORE THAN ONE HUNDRED

Rep. LITTLEJOHN explained the Veto.

Rep. LITTLEJOHN moved to adjourn debate on the Veto until Tuesday, January 25, which was agreed to.

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

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

H. 3338 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA UNBORN CHILDREN'S MONUMENT COMMISSION TO ERECT A MONUMENT ON THE STATE HOUSE GROUNDS AS A MEMORIAL TO SOUTH CAROLINA CHILDREN WHOSE LIVES ENDED BEFORE THEIR BIRTH AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION AND TO REQUIRE PRIVATE FUNDING FOR THE ESTABLISHMENT OF THIS MONUMENT.
Referred to Committee on Ways and Means

H. 3339 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15 SO AS TO ESTABLISH A CAP ON THE AWARD FOR NONECONOMIC COMPENSATORY DAMAGES IN MEDICAL MALPRACTICE ACTIONS, TO AUTHORIZE THE PERIODIC PAYMENT OF FUTURE DAMAGES IN LIEU OF A LUMP-SUM PAYMENT, AND TO ESTABLISH MAXIMUM LIMITS FOR ATTORNEY'S FEES THAT ARE TO BE PAID ON A CONTINGENCY FEE.
Referred to Committee on Judiciary

Rep. ALTMAN asked unanimous consent to recall H. 3334 (Word version) from the Committee on Education and Public Works.
Rep. SCOTT objected.

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

At 2:45 p.m. the House, in accordance with the motion of Rep. ALTMAN, adjourned in memory of Arthur Hogan of Charleston, to meet at 10:00 a.m. tomorrow.

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