Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 90:12: "So teach us to count our days that we may gain a wise heart."
Let us pray. Almighty God, direct us in our thinking and actions. Give guidance as we seek to be responsible to those who depend on us for security, hope, and a better life. Show us a better way to achieve the desired results of good legislation. Care for our President, our Nation, our State and her leaders. Hold in Your protective arms our defenders of freedom. Hear our prayer, O God. 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 Friday, the SPEAKER ordered it confirmed.

Rep. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Mark C. Greene of Elloree, which was agreed to.

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

Document No. 2944
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-93-10 et seq.; 44-93-100
Infectious Waste Management Regulations
Received by Speaker of the House of Representatives
January 20, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 20, 2005

Document No. 2927
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 40-25-10, et seq.
The Practice of Selling and Fitting Hearing Aids
Received by Speaker of the House of Representatives
January 20, 2005
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 20, 2005

Rep. J. R. SMITH, from the Aiken Delegation, submitted a favorable report on:

H. 3321 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN JANUARY 2005, BY THE STUDENTS OF A SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT OR ANY OTHER SCHOOL OR INSTITUTION OF HIGHER LEARNING IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE TRAIN WRECK AND CHEMICAL LEAK IN GRANITEVILLE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Ordered for consideration tomorrow.

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

H. 3278 (Word version) -- Reps. Wilkins, W. D. Smith, Merrill, Tripp and Viers: A HOUSE RESOLUTION REQUESTING THE SENATE OF THE UNITED STATES TO SUPPORT AND QUICKLY CONFIRM ALL

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

H. 3281 (Word version) -- Reps. Wilkins, W. D. Smith, Merrill and Tripp: A HOUSE RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO ENACT NO INCREASES IN PAYROLL TAXES, NO CUTS TO SOCIAL SECURITY BENEFITS, AND OPTIONAL SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.

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

S. 284 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES

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

That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 2, 2005, at 12:00 noon to elect a successor to the Honorable Paul E. Short, Jr., Judge of the Court of Appeals, Seat 1, whose term expires June 30, 2005; to elect a successor to the Honorable H. Bruce Williams, Judge of the Court of Appeals, Seat 2, whose term expires June 30, 2005; to elect a successor to the Honorable Paul E. Short, Jr., Judge of the Circuit Court for the Sixth Judicial Circuit, Seat 1, to fill the unexpired term which expires June 30, 2010; to elect a successor to the Honorable B. Hicks Harwell, Judge of the Circuit Court for the Twelfth Judicial Circuit, Seat 1, to fill the unexpired term which expires June 30, 2006, and the subsequent term; to elect a successor to the Honorable H. Bruce Williams, Judge of the Family Court for the Fifth Judicial Circuit, Seat 1, to fill the unexpired term which expires June 30, 2010; to elect a successor to the Honorable C. Dukes Scott, Judge of the Administrative Law Court, Seat 2, to fill the unexpired term which expires June 30, 2007; to elect a successor to the Honorable Carolyn C. Matthews, Judge of the Administrative Law Court, Seat 3, whose term expires June 30, 2005; to elect a successor to the Honorable John D. Geathers, Judge of the Administrative Law Court, Seat 4, whose term expires June 30, 2005.

Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no

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

The Senate sent to the House the following:

S. 285 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE RICHLAND NORTHEAST HIGH SCHOOL ON THEIR 2004 STATE "WE THE PEOPLE: THE CITIZEN AND THE CONSTITUTION" CHAMPIONSHIP, AND WISH THEM SUCCESS AT THE NATIONAL FINALS COMPETITION IN WASHINGTON, D.C., THIS SPRING.

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

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

H. 3341 (Word version) -- Rep. Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-1-95 SO AS TO PROHIBIT THE DISCONTINUANCE OF ELECTRIC OR NATURAL GAS SERVICE TO THE PRINCIPAL RESIDENCE OF SENIOR CITIZENS OF A CERTAIN INCOME UNTIL FORTY-FIVE DAYS AFTER NOTICE OF THE PROPOSED DISCONTINUANCE HAS BEEN PROVIDED TO THE DEPARTMENT OF SOCIAL SERVICES.
Referred to Committee on Labor, Commerce and Industry

H. 3342 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A PUBLIC BODY HOLDING A MEETING CLOSED TO THE PUBLIC, SO AS TO REQUIRE THE PUBLIC BODY TO FORWARD TO THE SOLICITOR INCIDENTS OF ALLEGED CRIMINAL MISCONDUCT AND THE SOLICITOR HAS REQUESTED THE DISCUSSION OF THIS MATTER BE HELD IN A CLOSED

H. 3343 (Word version) -- Reps. Hagood, Cotty, Harrison, Limehouse, Loftis, McLeod, Townsend, Merrill, Herbkersman, Pinson, Altman, Barfield, Battle, Branham, G. Brown, Cato, Ceips, Coleman, Davenport, Funderburk, Mack, McGee, Miller, J. H. Neal, Ott, Rivers, Scarborough, J. E. Smith, W. D. Smith and Young: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE MUNICIPALITY OR COUNTY IS AUTHORIZED TO CREATE A PROGRAM WITH THE APPROVAL OF THE SOLICITOR, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Referred to Committee on Judiciary

H. 3344 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF PROPERTY, MONIES, NEGOTIABLE INSTRUMENTS, SECURITIES, AND OTHER THINGS OF VALUE WHEN A PERSON VIOLATES A PROVISION OF THE ANIMAL FIGHTING AND BAITING ACT, TO PROVIDE PROCEDURES FOR FORFEITURE, AND TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE; TO AMEND SECTION 16-27-60, RELATING TO ACTIVITIES THAT ARE NOT SUBJECT TO THE CRIMINAL PENALTIES OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO INCLUDE GAME FOWL UNDER THE PROVISIONS OF THE ACT BY DELETING ITS EXEMPTION; AND TO REPEAL SECTION 16-

H. 3345 (Word version) -- Reps. Scott, Cato, Tripp, J. H. Neal, McLeod, J. M. Neal, Whipper, Hosey, Phillips, Haskins, R. Brown, Davenport, Bales, Breeland, Ceips, Clyburn, Dantzler, Funderburk, Hamilton, M. Hines, Howard, Huggins, Jennings, Mahaffey, McCraw, Miller and J. E. Smith: A BILL TO ENACT THE "SOUTH CAROLINA SENIOR AND DISABLED CITIZENS UTILITY PROTECTION ACT" BY ADDING SECTION 58-1-85 SO AS TO PROHIBIT THE DISCONTINUANCE OF ELECTRIC OR NATURAL GAS SERVICE TO THE PRINCIPAL RESIDENCE OF CERTAIN SENIOR AND DISABLED CITIZENS UNTIL THIRTY DAYS AFTER NOTICE OF THE PROPOSED DISCONTINUANCE HAS BEEN PROVIDED TO THE DEPARTMENT OF SOCIAL SERVICES.
Referred to Committee on Labor, Commerce and Industry

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

H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Referred to Committee on Judiciary

H. 3348 (Word version) -- Reps. Scott, Whipper, Cato, Tripp, Clyburn, Hosey, Leach, M. Hines, Haskins, Ceips, Bales, Breeland, Huggins, Jennings, J. H. Neal and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-47-35 SO AS TO PROVIDE THAT EACH LOCAL GOVERNMENT OR JURISDICTION IN THIS STATE OPERATING AN EMERGENCY "911" SYSTEM MUST HAVE THE CAPABILITY OF ANSWERING CALLS IN SPANISH WITH THE SAME RESPONSE TIME AS CALLS ANSWERED IN ENGLISH.
Referred to Committee on Judiciary

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

H. 3355 (Word version) -- Reps. Duncan, Witherspoon, Frye, M. A. Pitts and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY

H. 3356 (Word version) -- Rep. Vick: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS, SO AS TO INCREASE FROM SEVEN TO NINE THE MEMBERS ON THE BOARD.
On motion of Rep. JENNINGS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3358 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EMPLOYEE'S RIGHT TO VOCATIONAL REHABILITATION SERVICES WHO IS INJURED DUE TO RADIATION EXPOSURE, SO AS TO DELETE THE REQUIREMENT THAT THE INJURY MUST BE CAUSED BY RADIATION EXPOSURE AND THE LIMITATION ON THE LENGTH OF TIME THE VOCATIONAL REHABILITATION TRAINING MAY BE OFFERED.
Referred to Committee on Labor, Commerce and Industry

H. 3359 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION FOR DETERMINING COMPENSATION FOR AN EMPLOYEE'S TOTAL DISABILITY, SO AS TO DELETE THE LIMITATION ON THE LENGTH OF TIME THE COMPENSATION MAY NOT EXCEED, DELETE THE EXCEPTION TO THIS LIMITATION, DELETE THE PROHIBITION OF A LUMP SUM AWARD, AND TO PROVIDE

H. 3361 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-240 SO AS TO PROVIDE THAT A PROFESSOR SHALL SUBMIT A SYLLABUS OF EACH CLASS THE PROFESSOR TEACHES TO THE HEAD OF THE DEPARTMENT AT THE INSTITUTION OF HIGHER LEARNING, PROVIDE THAT THE PROFESSOR SHALL TEACH THE CLASS ACCORDING TO THE SYLLABUS AND MAY NOT DEVIATE FROM THE SYLLABUS WITHOUT PRIOR APPROVAL FROM THE DEPARTMENT HEAD, AND PROVIDE A PENALTY; AND BY ADDING SECTION 59-25-60 SO AS TO PROVIDE THAT A HIGH SCHOOL TEACHER SHALL SUBMIT A SYLLABUS OF EACH CLASS THE TEACHER TEACHES TO THE HEAD OF THE DEPARTMENT OR THE ACADEMIC DEAN AT THE HIGH SCHOOL, PROVIDE THAT THE TEACHER SHALL TEACH THE CLASS ACCORDING TO THE SYLLABUS AND MAY NOT DEVIATE FROM THE SYLLABUS WITHOUT PRIOR APPROVAL FROM THE DEPARTMENT HEAD OR THE ACADEMIC DEAN, AND PROVIDE A PENALTY.
Referred to Committee on Education and Public Works

H. 3362 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATIONS OF JURORS, SO AS TO CHANGE THE DISQUALIFICATION FOR A PERSON CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR TO A CRIME PUNISHABLE BY IMPRISONMENT OF THIRTY DAYS OR MORE AND TO PROVIDE AN ADDITIONAL DISQUALIFICATION FOR A PERSON WHO HAS CRIMINAL CHARGES PENDING.
Referred to Committee on Judiciary

H. 3363 (Word version) -- Reps. Mahaffey, Sinclair, Davenport, Anthony and W. D. Smith: A BILL TO AMEND ACT 248 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY TO FIVE HUNDRED THOUSAND

S. 214 (Word version) -- Senators Grooms and Campsen: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

The following was introduced:

H. 3351 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO CONGRATULATE THE DORMAN HIGH SCHOOL "LADY CAVALIERS" OF SPARTANBURG COUNTY ON THEIR SECOND CONSECUTIVE STATE AAAA VOLLEYBALL TITLE, AND HONOR THE PLAYERS AND COACH PAULA KIRKLAND ON THEIR UNDEFEATED 23-0 SEASON.

The Resolution was adopted.

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

H. 3352 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL "LADY CAVALIERS" VARSITY VOLLEYBALL TEAM, COACH PAULA KIRKLAND, AND OTHER SCHOOL OFFICIALS, WEDNESDAY, FEBRUARY 16, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF

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 Dorman High School "Lady Cavaliers" Varsity Volleyball Team of Spartanburg County, Head Coach Paula Kirkland, 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 for their Class AAAA State Championship.

The Resolution was adopted.

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

H. 3353 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOOTBALL TEAM, HEAD COACH MIKE SIMS, AND OTHER SCHOOL OFFICIALS, ON WEDNESDAY, FEBRUARY 9, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM.

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 of the South Carolina School for the Death and the Blind football team, Head Coach Mike Sims, and other school officials, on Wednesday, February 9, 2005, at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team.

The Resolution was adopted.

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

H. 3354 (Word version) -- Reps. W. D. Smith and Wilkins: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 6, 2005, THE NINETY-FOURTH ANNIVERSARY OF PRESIDENT RONALD REAGAN'S BIRTH, AS "RONALD REAGAN DAY" IN THE STATE OF SOUTH CAROLINA IN HONOR OF OUR NATION'S FORTIETH PRESIDENT.

Whereas, President Ronald Wilson Reagan, a man of humble background, worked throughout his life serving freedom and advancing the public good, having been employed as an entertainer, union leader, corporate spokesman, Governor of California, and fortieth President of the United States; and

Whereas, Ronald Reagan served with honor and distinction for two terms as the fortieth President of the United States of America; the second of which he earned the confidence of three-fifths of the electorate and was victorious in forty-nine of the fifty states in the general election which is a record unsurpassed in the history of the American presidential elections; and

Whereas, in 1981, when Ronald Reagan was inaugurated President, he inherited a disillusioned nation shackled by rampant inflation and high unemployment; and

Whereas, during Mr. Reagan's presidency he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to government which led to an unprecedented economic expansion and opportunity for millions of Americans; and

Whereas, Mr. Reagan's commitment to an active social policy agenda for the nation's children helped lower crime and drug use in our neighborhoods; and

Whereas, President Reagan's commitment to our armed forces contributed to the restoration of pride in America, her values and those cherished by the free world, and prepared America's armed forces to meet twenty-first century challenges; and

Whereas, February 6, 2005, is the ninety-fourth anniversary of Ronald Reagan's birth and the first since his passing. Now, therefore,

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

That the members of the General Assembly declare February 6, 2005, the ninety-fourth anniversary of President Ronald Reagan's birth, as "Ronald Reagan Day" in the State of South Carolina in honor of our nation's fortieth president.

Be it further resolved that the members of the General Assembly urge all the citizens of our State to take cognizance of this special day and participate fittingly in its observance.

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

The following was introduced:

H. 3357 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick,

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

The following was introduced:

H. 3360 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND HARRY L. PARKER, RESPECTED CPA, COMMUNITY LEADER, AND LOVING FAMILY MAN, FOR HIS MORE THAN THIRTY-FIVE YEARS IN THE FIELD OF PUBLIC ACCOUNTING AND CONSULTING UPON HIS RETIREMENT, AND TO WISH HIM GOOD HEALTH AND IMMENSE HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

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                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Emory                  Frye                   Funderburk
Hagood                 Haley                  Hardwick

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

I came in after the roll call and was present for the Session on Tuesday, January 25.

Richard Chalk                     Thad Viers
Anne Parks                        Tracy Edge
Fletcher Smith                    Bessie Moody-Lawrence
Jackson "Seth" Whipper            Joseph Neal
Alex Harvin                       Becky Martin
Jerry Govan                       Brenda Lee

The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.

The SPEAKER granted Rep. HAMILTON a leave of absence for the week due to illness.

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. 3007 (Word version)
Date:   ADD:
01/25/05   BAILEY

Bill Number:   H. 3007 (Word version)
Date:   ADD:
01/25/05   HAGOOD

Bill Number:   H. 3009 (Word version)
Date:   ADD:
01/25/05   HAGOOD

Bill Number:   H. 3009 (Word version)
Date:   ADD:
01/25/05   CHELLIS

Bill Number:   H. 3010 (Word version)
Date:   ADD:
01/25/05   HAGOOD

Bill Number:   H. 3010 (Word version)
Date:   ADD:
01/25/05   CLEMMONS

Bill Number:   H. 3086 (Word version)
Date:   ADD:
01/25/05   HAGOOD

Bill Number:   H. 3086 (Word version)
Date:   ADD:
01/25/05   LOFTIS

Bill Number:   H. 3088 (Word version)
Date:   ADD:
01/25/05   W. D. SMITH

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/25/05   VAUGHN

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/25/05   E. H. PITTS

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/25/05   PINSON

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/25/05   BARFIELD

Bill Number:   H. 3110 (Word version)
Date:   ADD:
01/25/05   CLEMMONS

Bill Number:   H. 3150 (Word version)
Date:   ADD:
01/25/05   HAGOOD

Bill Number:   H. 3174 (Word version)
Date:   ADD:
01/25/05   CLEMMONS

Bill Number:   H. 3193 (Word version)
Date:   ADD:
01/25/05   CLEMMONS

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   TOOLE

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   G. R. SMITH

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   J. R. SMITH

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   BARFIELD

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   BINGHAM

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   G. BROWN

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   VICK

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   VAUGHN

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   PINSON

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/25/05   LOFTIS

Bill Number:   H. 3152 (Word version)
Date:   ADD:
01/25/05   HAGOOD

Bill Number:   H. 3213 (Word version)
Date:   ADD:
01/25/05   PINSON

Bill Number:   H. 3057 (Word version)
Date:   ADD:
01/25/05   MCLEOD

Bill Number:   H. 3313 (Word version)
Date:   REMOVE:
01/25/05   G. R. SMITH

Bill Number:   H. 3011 (Word version)
Date:   REMOVE:
01/25/05   SANDIFER

The following Joint Resolution was taken up:

H. 3011 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Cato, Harrell, Chellis, G. R. Smith, Coates, Young, Owens, Kirsh, Leach, Battle, Clyburn, Merrill, 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 THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THESE PROVISIONS, THEY MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND

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

The following Bill was taken up:

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.

"(7)   modifications promulgated by this section do not require readoption by the Building Codes Council for subsequent editions of the building codes, unless the amended section in the underlying code has substantively changed. Upon submission of a formal request, existing modifications may be reconsidered each time a new edition of the building code is considered for adoption by the Building Codes Council." /
Renumber items to conform.
Amend title to conform.

Rep. HUGGINS explained the amendment.

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

The following Bill was taken up:

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, Duncan, Hagood and Clemmons: 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.

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

The following Bill was taken up:

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

Section 12-62-10.   This chapter may be cited as the 'South Carolina Motion Picture Incentive Act'.

Section 12-62-20.   For purposes of this chapter:

(1)   'Company' means a corporation, partnership, limited liability company, or other business entity.

(2)   'Department' means the South Carolina Department of Commerce.

(3)   'Motion picture' means a feature-length film, video, television series, or commercial made in whole or in part in South Carolina, and intended for national theatrical or television viewing or as a television pilot produced by a motion picture production company. The term 'motion picture' does not include the production of television coverage of news and athletic events or a production produced by a motion picture production company if records, as required by 18 U.S.C. 2257, are to be maintained by that motion picture production company with respect to any performer portrayed in that single media or multimedia program.

(4)   'Motion picture production company' means a company engaged in the business of producing motion pictures intended for a national theatrical release or for television viewing. 'Motion picture production company' does not mean or include a company owned, affiliated, or controlled, in whole or in part, by a company or person that is in default on a loan made by the State or a loan guaranteed by the State.

(5)   'Payroll' means salary, wages, or other compensation subject to South Carolina income tax withholdings.

(6)   'Secretary' means the Secretary of the Department of Commerce or his designee.

Section 12-62-30.   Notwithstanding the provisions of Section 12-36-2120(43), A motion picture production company that intends to expend in the aggregate two hundred fifty thousand dollars or more in connection with the filming or production of one or more motion pictures in the State of South Carolina within a consecutive

Section 12-62-40.   (A)   A motion picture production company that intends to film all, or parts of, a motion picture in South Carolina and desires to be relieved from the payment of the state and local sales and use tax taxes, administered and collected by the Department of Revenue, as provided in this chapter shall provide an estimate of total expenditures expected to be made in South Carolina in connection with the filming or production of the motion picture. The estimate of expenditures must be filed with the department before the commencement of filming in South Carolina.

(B)   At the time the motion picture production company provides the estimate of expenditures to the department, it also shall designate a member or representative of the motion picture production company to work with the department and the Department of Revenue on reporting of expenditures and other information necessary to take advantage of the tax relief afforded by this chapter.

(C)(1)   An application for the tax relief provided by this chapter must be accepted only from those motion picture production companies that report anticipated expenditures in the State in the aggregate equal to or exceeding two hundred fifty thousand dollars in connection with the filming or production of one or more motion pictures in the State within a consecutive twelve-month period.

(2)   The application must be approved by the Director of the South Carolina Film Commission secretary.

(3)   Once the application is approved by the Director of the South Carolina Film Commission secretary, the Department of Revenue shall issue a written certification of state sales and use tax exemption certificate to the motion picture production company as evidence of the exemption. The exemption is effective on the date the application is approved by the secretary.

(D)   A motion picture production company that is approved for relief from the payment of sales and use taxes as provided by this

(E)   Upon completion of the motion picture, the motion picture production company must return the sales and use tax exemption certificate to the Department of Revenue and submit a report to the department of the actual expenditures made in South Carolina in connection with the filming or production of the motion picture.

Section 12-62-50.   (A)   A motion picture production company is entitled to a tax rebate for the employment of persons subject to South Carolina income tax withholdings in connection with production of a motion picture. The rebate is equal to five percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production when total production costs in South Carolina equal or exceed one million dollars during the taxable year. The rebate may not exceed the amount withheld on South Carolina income tax withholdings. For purposes of this section, 'total aggregate payroll' does not include the salary of an employee whose salary is equal to or greater than one million dollars for each motion picture.

(B)   The rebate must be applied exclusively to film production employee payroll in South Carolina by the motion picture production company.

(C)   The rebate must be distributed to the motion picture production company at the completion of physical production and support activities. This credit must follow the same procedures as established pursuant to Section 12-10-81(B)(1), (B)(2), (B)(6), (B)(8), and (G). (1)   A motion picture production company that employs an employee in connection with the filming or post-production of a motion picture is entitled to a rebate equal to five percent of all taxable wages paid in connection with the employee's work on the motion picture in South Carolina, if more than one million dollars in production costs are incurred in South Carolina in twelve consecutive months in connection with the motion picture.

(2)(a)   For purposes of this section, an employee is an individual directly involved in the filming or post-production of a motion picture in South Carolina and who is an employee of a:

(i)   motion picture production company that is directly involved in the filming or post-production of a motion picture in South Carolina; or

(ii)   personal service corporation retained by a motion picture production company to provide persons used directly in the filming or post-production of a motion picture in South Carolina; or

(iii)   payroll services or loan out company that is retained by a motion picture production company to provide employees who work directly in the filming or post-production of a motion picture in South Carolina.

(b)   For his wages to qualify for the rebate, the employee must be certified by the department as a qualifying employee and the employee must have had South Carolina income tax withholding withheld and remitted to the Department of Revenue by a company described in item (2)(a).

(3)   The rebate applies with respect to an employee described in subitem (a)(ii) or (iii) only if, before commencement of filming in South Carolina, the personal services corporation, payroll services company, or loan out company is approved and certified by the department, and makes an irrevocable assignment of its rebate to the motion picture production company that produced the motion picture. The assignment must be made on a form provided by the Department of Revenue, which must include a waiver of confidentiality pursuant to Section 12-54-240. Upon assignment, the rebate may be paid only to the motion picture production company.

(4)   The total rebate allowed to the motion picture production company may not exceed the total amount of South Carolina withholding withheld on all employees that are subject to the labor rebate.

(5)   The rebate is not allowed for South Carolina taxable wages in excess of one million dollars paid to a single employee in connection with a single motion picture.

(B)(1)   The rebate provided in subsection (A) is available to the motion picture production company at the end of all filming in South Carolina in connection with the motion picture. The motion picture production company producing the motion picture must apply to the department for a certificate of completion once filming in South Carolina is complete. The motion picture production company must

(2)   A motion picture production company may claim the rebate by filing a request for rebate with the department once the certificate of completion is obtained. The request for rebate must be filed by the last day of February of the year following the year in which the certificate of completion is obtained. To claim the rebate, the motion picture production company and all companies described in subsection (A)(2)(a)(ii) or (iii) must be current with respect to all taxes due and owing the State at the time of filing the request for rebate. If the motion picture production company or a company described in subsection (A)(2)(a)(ii) or (iii) is not current with respect to all taxes due and owing the State, the motion picture production company is permanently barred from claiming the rebate.

(3)   The motion picture production company must attach to its request for rebate a copy of the certificate of completion and a copy of all assignments of the rebate, if applicable.

(C)   A motion picture production company claiming a rebate pursuant to this section, and all companies described in subsection (A)(2)(a)(ii) or (iii), must make payroll books and records available for inspection to the commission and the department at the times requested by the commission or the department. Each motion picture production company claiming the rebate, at the time of filing, must provide a report to both the commission and the department that includes the project's name, the name of each employee that worked on the motion picture, the social security number for each employee, the dates employed, the dates the employee worked on the motion picture, a job description for each employee, the total gross wages for each employee, the South Carolina taxable wages subject to withholding for each employee, the amount of rebate attributable to that employee, and other information considered necessary by the commission or the department. The report also must contain the total amount of withholding attributable to all employees that worked on the motion picture in South Carolina.

(D)   For purposes of this section, and as an exception to Section 12-54-240, a motion picture production company and a company described in subsection (A)(2)(a)(ii) or (iii) agree that the commission and the department may share or provide information concerning the request for rebate and the certificate of completion among the respective taxpayers and the respective agencies.

Section 12-62-55.   At the time the motion picture production company is certified by the department, it may make, with the approval of the Coordinating Council, an irrevocable assignment of future payments attributable to the rebates made pursuant to Section 12-62-40 or 12-62-50 to a designated trustee. For purposes of this chapter, 'designated trustee' means the single financier or financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying motion picture production company. If a qualifying motion picture production company elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee. The qualifying motion picture production company must file an application for the assignment with the secretary no later than thirty days after filming begins in South Carolina.

Section 12-62-60.   (A)(1)   An amount equal to thirteen percent of the general fund portion of admissions tax collected by the State of South Carolina for the previous fiscal year must be funded annually by September first to the department for the exclusive use of the South Carolina Film Commission. The South Carolina Film Commission department may rebate to a motion picture production company up to seven percent of the costs of goods and services purchased expenditures made by the motion picture production company in the State if the motion picture production company has a minimum in-state expenditure of one million dollars. The distribution of rebates may not exceed the amount annually funded to the department for the South Carolina Film Commission from the admissions tax collected by the State. This subsection does not apply to payroll paid for motion picture production employees subject to Section 12-62-50 or money paid to the companies described in Section 12-62-50(A)(2)(a)(ii) or (iii). Unexpended funds from this source may be carried over to the next and succeeding fiscal years.

(B)   Up to seven percent of the amount provided to the department in subsection (A) may be used exclusively for marketing and special events.

(2)(C)   The allocations to motion picture production companies contemplated by this chapter must be made by the Coordinating Council for Economic Development. The Coordinating Council for Economic Development may adopt rules and promulgate regulations for the application for and award of the rebate.

(B)(D)   One percent of the general fund portion of admissions tax collected by the State of South Carolina must be funded to the department for the exclusive use of the South Carolina Film Commission for the promotion of collaborative production and educational efforts between institutions of higher learning in South Carolina and motion picture related entities. The department, in conjunction with the South Carolina Film Commission, shall adopt rules and promulgate regulations necessary to administer this section. Unexpended funds from this source may be carried over to the next and succeeding fiscal years.

(E)   The department shall report annually to the Coordinating Council on the use of all funds pursuant to this section. The report is a public record pursuant to the Freedom of Information Act, Chapter 4 of Title 30, and must be posted annually on the commission's website by January first.

Section 12-62-70.   (A)(1)   Upon a determination by the Director of the Office of General Services Division of the South Carolina Budget and Control Board of the underutilization of state property by a state agency, the South Carolina Film Commission department may negotiate below-market rates for temporary use, no more than twelve months, of space for the underutilized property. The negotiations and temporary use are exempt from the provisions of the State Consolidated Procurement Code. The motion picture production company shall reimburse costs at normal and customary rates incurred by the state agency to the state agency, including costs required to repair any damage caused by the motion picture production company to real or personal property of the State.

(2)   The state agency or local political subdivision that owns the property determined to be underutilized may appeal that determination of underutilization to the Budget and Control Board.

(B)   The State or its political subdivisions may not charge a location or facility fee for properties they own if the properties are used for seven or fewer days as a location or facility in the production of a motion picture. A property may be used for a total of only twenty-one days without location or facility fees in a calendar year. The motion picture production company may be on site no longer than seven days within a thirty-day period without a location or facility fee charge. State-owned or political subdivision-owned properties may recoup all costs they expend on behalf of the motion picture production company including a location or facility fee, after the first seven days, not to exceed two thousand five hundred dollars a day. Whenever possible,

Section 12-62-80.   The department may form a South Carolina Film Foundation to solicit donations for the recruitment of motion pictures in furtherance of the purposes of this chapter.

Section 12-62-90.   The end credit roll of a motion picture that utilizes a South Carolina tax credit or rebate must recognize the State of South Carolina with the following statement: 'Filmed in South Carolina pursuant to the South Carolina Motion Picture Incentive Act'; except, that the State of South Carolina reserves the right to refuse the use of South Carolina's name in the credits of a motion picture filmed or produced in the State.

Section 12-62-100.   To the extent not already provided, the department may adopt rules and promulgate regulations to carry out the intent and purposes of this chapter."
SECTION   2.   Section 12-36-920(A) of the 1976 Code, as last amended by Act 299 of 2004, is further amended to read:

"(A)(1)   A sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration. This tax does not apply where the facilities consist of less than six sleeping rooms, contained on the same premises, which is used as the individual's place of abode. The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients. The tax imposed by this subsection (A) does not apply to additional guest charges as defined in subsection (B).

(2)   A motion picture production company producing a motion picture in the State of South Carolina, as those terms are defined in Chapter 62 of Title 12, is entitled to a rebate from the Department of Revenue of all of the sales taxes on accommodations paid by the motion picture production company for employees of the motion picture production company who have stayed in accommodations in South Carolina for an aggregate of thirty days over a twelve-month period. The motion picture production company must first submit to the Department of Revenue a certification as to the number of days its employees have stayed in accommodations in South Carolina. The rebate of accommodations taxes does not apply to the local accommodations tax authorized by Article 5, Chapter 1, Title 6."
SECTION   3.   Section 1-30-25(D) of the 1976 Code, as last amended by Act 299 of 2004, is further amended to read:

"(D)   State Development Board Department of Commerce, including the South Carolina Film Commission, formerly provided for in Section 13-3-10, et seq., except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its film commission are budgeted and spent so as to further the following objectives:

(1)   stimulation of economic activity to develop the potentialities of the State;

(2)   conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;

(3)   promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;

(4)   promotion and correlation of state and local activity in planning public works projects;

(5)   promotion of public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;

(6)   encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;

(7)   assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;

(8)   assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State;

(9)   enhancement of the general welfare of the people; and

(10)   encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible."
SECTION   4.   This act takes effect upon approval by the Governor and applies to taxable years beginning July 1, 2004. /
Renumber sections to conform.
Amend title to conform.

Rep. HINSON explained the amendment.

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

The following Bill was taken up:

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, Toole, Hagood and Loftis: 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

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

The following Bill was taken up:

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, Mahaffey and Hagood: 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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20125HTC05), which was adopted:

(1)   June 30, 2006, is the termination date for:

(a)   Department of Health and Environmental Control;

(b)   Department of Natural Resources;

(c)   Department of Parks, Recreation and Tourism;

(d)   South Carolina State Forestry Commission;

(e)   Department of Agriculture.

(2)   June 30, 2007, is the termination date for:

(a)   Department of Corrections;

(b)   Department of Juvenile Justice;

(c)   Department of Probation, Parole and Pardon Services;

(d)   John de la Howe School;

(e)   South Carolina Administrative Law Judge Division.

(3)   June 30, 2008, is the termination date for:

(a)   Department of Health and Human Services;

(b)   State Department of Insurance;

(c)   State Accident Fund;

(d)   South Carolina Workers' Compensation Commission;

(e)   South Carolina Second Injury Fund;

(f)   Patients' Compensation Fund.

(4)   June 30, 2009, is the termination date for:

(a)   State Department of Education;

(b)   South Carolina Educational Television Commission;

(c)   South Carolina School for the Deaf and the Blind;

(d)   South Carolina Department of Archives and History;

(e)   Wil Lou Gray Opportunity School.

(5)   June 30, 2010, is the termination date for:

(a)   Department of Social Services;

(b)   South Carolina State Housing, Finance and Development Authority;

(c)   South Carolina Commission for the Blind;

(d)   State Human Affairs Commission;

(e)   State Commission for Minority Affairs.

(6)   June 30, 2011, is the termination date for:

(a)   Department of Disabilities and Special Needs;

(b)   Department of Revenue;

(c)   Department of Labor, Licensing and Regulation;

(d)   Patriots Point Development Authority;

(e)   State Election Commission.

(7)   June 30, 2012, is the termination date for:

(a)   Department of Mental Health;

(b)   Department of Alcohol and Other Drug Abuse Services;

(c)   South Carolina Museum Commission;

(d)   South Carolina Arts Commission;

(e)   Office of Secretary of State.

(8)   June 30, 2013, is the termination date for:

(a)   South Carolina Department of Transportation;

(b)   Commission on Indigent Defense;

(c)   Attorney General's Office;

(d)   Commission on Prosecution Coordination;

(e)   South Carolina Office of Appellate Defense.

(9)   June 30, 2014, is the termination date for:

(a)   State Budget and Control Board;

(b)   Governor's Office;

(c)   State Treasurer's Office;

(d)   Board of Financial Institutions;

(e)   Comptroller General's Office;

(f)   Lieutenant Governor's Office.

(10)   June 30, 2015, is the termination date for:

(a)   State Board for Technical and Comprehensive Education;

(b)   State Commission on Higher Education;

(c)   Higher Education Tuition Grants Commission;

(d)   South Carolina State Library;

(e)   South Carolina Sea Grant Consortium.

(11)   June 30, 2016, is the termination date for:

(a)   Department of Public Safety;

(b)   South Carolina Law Enforcement Division;

(c)   Adjutant General's Office;

(d)   South Carolina Public Service Commission;

(e)   Department of Consumer Affairs.

(12)   June 30, 2017, is the termination date for:

(a)   South Carolina Employment Security Commission;

(b)   South Carolina Department of Commerce;

(c)   State Agency of Vocational Rehabilitation;

(d)   South Carolina Jobs-Economic Development Authority;

(e)   State Ethics Commission.

(B)   The General Assembly if it determines the circumstances warrant it and by concurrent resolution, may advance the termination date and sunset review scheduled for an agency as provided in subsection (A) of this section. /
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

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 SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150,

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

The following Bill was taken up:

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, Bailey, Hagood and Chellis: 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 DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES,

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

The following Bill was taken up:

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, Brady, Bailey and Hagood: 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.

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

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Labor, Commerce and Industry:

H. 3081 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 40-8-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF PERPETUAL CARE CEMETERIES, SO AS TO PROVIDE THAT THE LICENSURE FEE MUST BE BASED UPON THE NUMBER OF ANNUAL INTERNMENTS, RATHER THAN A FLAT LICENSURE FEE AND TO DELETE PROVISIONS ESTABLISHING DIFFERENT FEES FOR CEMETERIES PREVIOUSLY IN EXISTENCE.

On motion of Rep. Townsend, with unanimous consent, Regulation No. 2949 was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. TOWNSEND asked unanimous consent to recall H. 3079 (Word version) from the Committee on Education and Public Works.
Rep. OTT 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 TWENTY DAYS OR UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF

Rep. LITTLEJOHN moved to adjourn debate on the Veto until Wednesday, February 23, which was agreed to.

The following House Resolution was taken up:

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.

Whereas, the security of our nation and people is the first and foremost obligation of our United States federal government; and

Whereas, the men and women of our United States armed forces now serving in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marines, National Guard and Reserves have shown great courage and self-sacrifice and deserve to be equipped with the best weapons and resources to protect our nation; and

Whereas, in past years politicians have delayed passing the Defense Appropriation Bill until late in the budget year so that the bill was misused as a dumping ground for pork barrel spending and as a political hostage for spending in other appropriations bills; and

Whereas, in the wake of the terrorist attacks on September 11, 2001, President Bush asked that the Congress of the United States pass the Defense Appropriations Bill before passing other spending bills; and

Whereas, Congress acted responsibly making our nation's defense its first priority in 2002, 2003, and 2004, by passing the Defense Appropriations Bill first thereby protecting the men and women in our armed forces from becoming pawns for politicians' spending maneuvers. Now, therefore,

That the members of the South Carolina House of Representatives, by this resolution, 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.

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

The Resolution was adopted.

The following House Resolution was taken up:

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.

Rep. LEACH explained the Resolution.

Rep. LEACH moved to adjourn debate on the Resolution until Wednesday, January 26, which was agreed to.

The following Concurrent Resolution was taken up:

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".

Whereas, his vision for the children of Laurens County became a cutting edge outdoor education center for not only the children of Laurens County, but for the adults as well; and

Whereas, Mr. Adair deeded to the Laurens County Soil and Water Conservation District the property, on which the Joe R. Adair Outdoor Education Center was built in 1996; the center, a nonprofit organization, is operated by the Laurens County School Districts; and

Whereas, the center, which hosted more than 30,000 students in its first six years, is a hands on learning environment where activities range from making scarecrows to exploring the onsite waterfall and Native American Village to living a day in the life of a pre-revolutionary American, while adults can enroll in a range of graduate courses; and

Whereas, providing a safe walkway for the students between the Outdoor Education Center and nearby E. B. Morse Elementary School was a project "Mr. Joe" had worked to achieve; and

Whereas, his legacy lives on in the Outdoor Education Center and through his kind and generous spirit; and

Whereas, it is proper and fitting to name the walkway linking the center and E. B. Morse Elementary School the "Joe R. Adair Memorial Walkway". Now, therefore,

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

That the members of the General Assembly, by this resolution, request the Department of Transportation to 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".

The Concurrent Resolution was adopted and sent to the Senate.

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

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

H. 3364 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BROOME HIGH SCHOOL "CENTURIONS" FOOTBALL TEAM, COACH BILL OWENS, AND OTHER SCHOOL OFFICIALS, THURSDAY, FEBRUARY 10, 2005, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON ITS 2004 CLASS AA 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 Broome High School "Centurions" Football Team of Spartanburg County, Head Coach Bill Owens, and other school officials, on Thursday, February 10, 2005, at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team for its Class AA State Championship.

The Resolution was adopted.

The following was introduced:

H. 3365 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION CONGRATULATING THE BROOME HIGH SCHOOL "CENTURIONS" OF SPARTANBURG COUNTY ON THEIR 2004 STATE AA FOOTBALL TITLE, AND HONORING THE PLAYERS

The Resolution was adopted.

The following was introduced:

H. 3366 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO CONGRATULATE THE DORMAN HIGH SCHOOL GIRLS CROSS COUNTRY TEAM OF SPARTANBURG COUNTY ON THEIR STATE AAAA CROSS COUNTRY TITLE AND TO HONOR THE PLAYERS AND COACH ROBERT M. URBAN ON THEIR EXCEPTIONAL SEASON.

The Resolution was adopted.

The following was introduced:

H. 3367 (Word version) -- Reps. Vick, Neilson and Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD ON HIGHWAY 13-243 AS THE "BUCHANAN BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "BUCHANAN BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3368 (Word version) -- Reps. Vick, Neilson and Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY NUMBER 9 BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD THE "HOOVER FAYE BELL BRIDGE" AND TO ERECT APPROPRIATE SIGNS AT THE

The following was introduced:

H. 3369 (Word version) -- Reps. Vick, Neilson and Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY NUMBER 145 FROM THE NORTH CAROLINA STATELINE THROUGH THE TOWN OF CHESTERFIELD TO THE END OF HIGHWAY NUMBER 145 AT U. S. HIGHWAY NUMBER 1 THE "CAROLINA SANDHILLS PARKWAY" AND TO ERECT APPROPRIATE SIGNS CONTAINING THE WORDS "CAROLINA SANDHILLS PARKWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3370 (Word version) -- Reps. Herbkersman, E. H. Pitts, Bowers, Ceips, Chalk and Huggins: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY WHICH IMPLEMENTED IN PROPERTY TAX YEAR 2004 REAL PROPERTY VALUES DETERMINED IN A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM BY ORDINANCE TO REVERT FOR PROPERTY TAX YEAR 2005 ONLY TO THE VALUES FOR REAL PROPERTY USED IN CALCULATING 2003 PROPERTY TAXES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THESE 2003 VALUES AS MODIFIED MUST BE THE VALUES SUBJECT TO ANY LIMIT ON INCREASES IN VALUE ENACTED BY THE GENERAL ASSEMBLY IN 2005.
Referred to Committee on Ways and Means

H. 3371 (Word version) -- Reps. Vick, Neilson and Jennings: A BILL TO AMEND ACT 587 OF 1994, AS AMENDED, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF

H. 3372 (Word version) -- Reps. Rhoad, Whipper, Bowers, E. H. Pitts, Vick, Phillips, Witherspoon, Tripp, Anderson, Anthony, Barfield, Branham, Breeland, G. Brown, R. Brown, Dantzler, Frye, Hamilton, Hardwick, Haskins, Kirsh, Leach, McGee, Owens, Perry, Pinson, Rice, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Talley, Toole and Umphlett: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
On motion of Rep. W. D. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

The Senate returned to the House with concurrence the following:

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.

At 1:00 p.m. the House, in accordance with the motion of Rep. COBB-HUNTER, adjourned in memory of Mark C. Greene of Elloree, to meet at 2:00 p.m. tomorrow.

This web page was last updated on Wednesday, June 24, 2009 at 9:57 A.M.