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 Micah 4:5: "All the nations may walk in the name of their gods; we will walk in the name of the Lord our God, for ever and ever."
Let us pray. Almighty God, lead us to trust in You to guide us as we assemble as Representatives and staff. As we work together for the people of this State, may we do what is right and pleasing to You. Lead us in trust and integrity. Bless our President, our Nation, our State and leaders. Keep our defenders of freedom in Your safe care. Hear our prayer, O Lord our 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. SIMRILL moved that when the House adjourns, it adjourn in memory of Clyde Ross of Rock Hill, which was agreed to.

The following was received:

February 9, 2005
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the legislative members of the 5th Congressional District and is, therefore, submitted for your consideration.

STATEWIDE APPOINTMENT

Prisoner of War Commission
Term Commencing: July 1, 2003
Term Expiring: July 1, 2007
Seat: 5th Congressional District

Initial Appointment:
Mr. T. J. Martin
1255 Filbert Highway
York, South Carolina 29745

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

Document No. 2900
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-65, 59-65-90
Student Attendance
Received by Speaker of the House of Representatives
April 15, 2004
Referred to Education and Public Works Committee
Withdrawn and Resubmitted May 11, 2005

The following was taken up for immediate consideration:

H. 3533 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND AVAILABLE

Whereas, forty-five states have successful Youth in Government programs; and

Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the Young Men's Christian Association Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and

Whereas, more than one thousand five hundred high school students in the State are expected to participate this year, making the South Carolina Youth in Government program the largest in the nation. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives authorize the Greenville Young Men's Christian Association Youth in Government program to use the House Chamber and such hearing rooms as may be available in the Blatt Building on Thursday, December 1, 2005, and Friday, December 2, 2005, to conduct a Youth in Government program; except that if the House of Representatives is meeting in statewide session or its Chamber is otherwise unavailable on those dates, the House Chamber may not be used.

Be it further resolved that the use of the Chamber and the available committee hearing rooms by the Greenville Young Men's Christian Association must be in strict accordance with the policies and rules of the House.

Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the YMCA Youth in Government, and the Sergeant at Arms of the House of Representatives.

The Resolution was adopted.

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

H. 3534 (Word version) -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend and Witherspoon: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 4, 2005, AS THE TIME THE SENATE AND HOUSE OF REPRESENTATIVES SHALL MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PRESENTATION OF THE 2005 ELIZABETH O'NEILL VERNER AWARDS.

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

That the House of Representatives and Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 4, 2005, at 12:00 noon for the presentation of the 2005 Elizabeth O'Neill Verner Awards.

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

The Senate sent to the House the following:

S. 195 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION EXPRESSING THE DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA

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

H. 3535 (Word version) -- Rep. Martin: A BILL TO AMEND SECTION 59-149-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS.
Referred to Committee on Education and Public Works

H. 3536 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-48 SO AS TO REQUIRE INSURANCE COVERAGE FOR COLORECTAL CANCER EARLY DETECTION FOR CERTAIN PERSONS.
Referred to Committee on Labor, Commerce and Industry

H. 3537 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD IN CERTAIN DEFINITIONS, AND TO FURTHER PROVIDE THAT AN EMPLOYEE INCLUDES MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, AND PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXEMPTIONS TO THE WAIVER OF IMMUNITY IN THE STATE TORT CLAIMS ACT, SO AS TO INCLUDE CERTAIN HOME SECURITY AND COUNTER-TERRORIST ACTIVITIES IN THE EXEMPTION RELATING TO ACTIVITIES OF THE SOUTH

H. 3538 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING AND PENALTIES FOR LITTERING, SO AS TO PROVIDE THAT A PERSON WHO WITNESSES LITTERING MAY SWEAR OUT A WARRANT IN THE APPROPRIATE COURT TO INITIATE PROSECUTION OF THE OFFENDER.
Referred to Committee on Judiciary

H. 3539 (Word version) -- Reps. Wilkins, Harrison, Harrell, G. M. Smith, Young, Simrill, Cobb-Hunter, Altman, Sinclair, Talley, J. E. Smith and Coleman: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND OPERATION OF THE DIVISION OF APPELLATE DEFENSE, AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE COMMISSION AND OFFICE OF APPELLATE DEFENSE.
Referred to Committee on Judiciary

H. 3540 (Word version) -- Reps. Altman and Limehouse: A BILL TO REPEAL SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST

H. 3543 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON WITH A CURRENT CHARGE OR A PRIOR CONVICTION FOR A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE OR A PERSON SUBJECT TO A RESTRAINING ORDER OR VALID ORDER OF PROTECTION MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO PROVIDE THAT THE DURATION OF A TEMPORARY RESTRAINING ORDER IS EXTENDED FROM SIX MONTHS TO ONE YEAR; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO THE DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A

H. 3546 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERIOD WITHIN WHICH MEDICAL, SURGICAL, HOSPITAL, AND OTHER TREATMENT MUST BE FURNISHED AND THE REFUSAL OF AN EMPLOYEE TO ACCEPT TREATMENT IN WORKERS' COMPENSATION CASES, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO SELECT HIS TREATING PHYSICIAN, TO DELETE THE REQUIREMENT THAT THE DISABILITY OF AN INJURED EMPLOYEE MUST BE TOTAL AND PERMANENT TO RECEIVE TREATMENT OR CARE PAYMENTS DURING THE LIFE OF THE INJURED EMPLOYEE, AND TO DELETE THE PROVISION WHICH PROVIDES FOR PAYMENT TO AN INJURED EMPLOYEE WITHOUT REGARD TO ANY LIMITATION, INCLUDING THE MAXIMUM COMPENSATION LIMIT.
Referred to Committee on Labor, Commerce and Industry

H. 3547 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONCLUSIVENESS OF AN AWARD BY THE WORKERS' COMPENSATION COMMISSION, AN APPEAL FROM THE DECISION AND PAYMENT OF COMPENSATION

H. 3548 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM NONFORFEITURE AMOUNTS OF CONTRACTS ISSUED AFTER JUNE 30, 2007, SO AS TO CHANGE THE TIME OF APPLICABILITY ON THESE CONTRACTS; AND TO AMEND SECTION 2 OF ACT 313 OF 2002, RELATING TO TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID-UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES, SO AS TO CHANGE THE DATE OF APPLICABILITY FROM 2005 TO 2007 TO THESE CONTRACTS AND PROVIDE THAT CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT AND BEFORE JULY 1, 2007, MAY APPLY, AT THE INSURER'S OPTION, THE MINIMUM VALUES AS PROVIDED IN THIS ACT ON CERTAIN ANNUITIES ON A CONTRACT-FORM-BY-CONTRACT-FORM BASIS.
Referred to Committee on Labor, Commerce and Industry

H. 3549 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-1-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEE'S RIGHTS AND REMEDIES EXCLUDED UNDER TITLE 42, WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT AN EMPLOYEE'S RIGHTS AND REMEDIES DO NOT EXCLUDE AN ACTION AGAINST THE EMPLOYER OR CARRIER FOR A WILFUL, INTENTIONAL, OR RECKLESS INJURY RESULTING FROM THE VIOLATION OF A STATUTE OR REGULATION ENACTED BY FEDERAL, STATE, OR LOCAL AUTHORITIES TO ENSURE A SAFE WORKPLACE, THE

H. 3550 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF AN AWARD BY THE WORKERS' COMPENSATION COMMISSION WHEN THERE HAS BEEN A CHANGE IN CONDITION, SO AS TO EXTEND FROM TWELVE MONTHS TO TWO YEARS THE PERIOD FOR REQUESTING THE REVIEW OF AN AWARD FOR A CHANGE IN CONDITION
Referred to Committee on Labor, Commerce and Industry

H. 3551 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF COMPENSATION NOT BEING AFFECTED BY THE LIABILITY OF A THIRD PARTY UNDER THE TITLE 42 (WORKERS' COMPENSATION LAW), SO AS TO PROVIDE THAT THE CARRIER'S LIEN ON PROCEEDS OF A THIRD PARTY SETTLEMENT FOR FUTURE COMPENSATION AND MEDICAL BENEFITS IS SUBJECT TO EQUITABLE APPORTIONMENT.
Referred to Committee on Labor, Commerce and Industry

H. 3552 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 42-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" AS USED IN THE WORKERS' COMPENSATION LAW, SO AS TO INCLUDE THE COST OF HEALTH, LIFE, AND DISABILITY INSURANCE PREMIUMS AND RETIREMENT CONTRIBUTIONS AND TO PROVIDE THAT WHEN ALLOWANCES ARE MADE TO AN EMPLOYEE INSTEAD OF WAGES AS PART OF A VERBAL OR WRITTEN WAGE CONTRACT THEY ARE CONSIDERED A PART OF HIS EARNINGS.
Referred to Committee on Labor, Commerce and Industry

H. 3553 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTIONS 42-9-20 AND 42-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,

H. 3554 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A SELF-INSURER FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT AN IRREVOCABLE LETTER OF CREDIT ISSUED BY A BANK CHARTERED IN THIS STATE OR A MEMBER BANK OF THE FEDERAL RESERVE SYSTEM MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES IN LIEU OF THE CASH DEPOSIT REQUIRED TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY OF A POTENTIAL SELF-INSURER, AND TO PROVIDE THAT A PERSON OR COMPANY THAT QUALIFIES AS A SELF-INSURER MAY ISSUE CERTIFICATES OF INSURANCE FOR ALL PURPOSES ONLY ON THE VEHICLES LISTED IN THE APPLICANT'S NAME; AND TO AMEND SECTION 58-23-1240, RELATING TO THE PUBLIC TAXI PLATE WHICH MUST BE AFFIXED TO A TAXI, SO AS TO PROVIDE THAT THE PLATE MUST BE AFFIXED ONLY TO THE REAR OF A TAXI, TO PROVIDE THAT A STICKER MAY BE AFFIXED TO THE TAXI IN LIEU OF A METAL PLATE, TO PROVIDE THAT THE CITY WHERE THE TAXI PRINCIPALLY OPERATES MUST APPROVE THE DIMENSIONS OF THE STICKER OR PLATE INSTEAD OF THE GOVERNING BODY OF THE COUNTY, TO REMOVE THE TERM "PUBLIC" AND THE TAXI LICENSE NUMBER FROM THE CONTENTS OF THE STICKER OR PLATE, TO DELETE THE REQUIREMENT THAT THE COLOR OF THE PLATE MUST BE CHANGED ANNUALLY, AND TO PROVIDE THAT THE OWNER OF A TAXI THAT QUALIFIES AS A SELF-INSURER MUST ISSUE TO EACH OPERATOR OF THE TAXI A CERTIFICATE OF INSURANCE WHICH MUST BE MAINTAINED IN THE TAXI WHILE IT IS IN OPERATION.
Referred to Committee on Labor, Commerce and Industry

H. 3556 (Word version) -- Rep. Altman: A BILL TO REPEAL SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMOND BACK TERRAPIN AND TO CONDITION THE PERMITS TO SET SEASONS, SIZE LIMITS, BAG LIMITS, AREAS, FISHING TIMES, AND EQUIPMENT RESTRICTIONS REGARDING SUCH HARVESTING.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 318 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 1, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE CONTIGUITY FOR PURPOSES OF MUNICIPAL INCORPORATION.
Referred to Committee on Judiciary

S. 457 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND ACT 469 OF 2000, AS AMENDED, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF YORK SCHOOL DISTRICT 1 OF YORK COUNTY ARE ELECTED, SO AS TO CLARIFY THE BOUNDARIES OF CERTAIN ELECTION DISTRICTS.
Referred to York Delegation

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

H. 3541 (Word version) -- Reps. Hosey and Rhoad: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE JEFFERSON DAVIS ACADEMY "RAIDERS" FOOTBALL TEAM OF BAMBERG COUNTY, HEAD COACH JOEY LOTT, AND OTHER SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THEM ON THEIR 2004 SCISAA CLASS A STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives of the State of South Carolina is extended to the Jefferson Davis Academy "Raiders" Football Team of Bamberg County, Head Coach Joey Lott, and other school officials, at a date and time to be determined by the

The Resolution was adopted.

The following was introduced:

H. 3542 (Word version) -- Reps. Hosey and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE JEFFERSON DAVIS ACADEMY "RAIDERS" FOOTBALL TEAM OF BAMBERG COUNTY ON THEIR 2004 SCISAA CLASS A STATE CHAMPIONSHIP, AND HONORING THE PLAYERS AND HEAD COACH JOEY LOTT ON THEIR IMPRESSIVE 13-1 SEASON.

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

The following was introduced:

H. 3544 (Word version) -- Reps. Emory and J. M. Neal: A HOUSE RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO WILLIAM DONALD HYATT, SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES PROCUREMENT MANAGER, FOR HIS EXEMPLARY SERVICE TO THE STATE OF SOUTH CAROLINA AND EXTENDING VERY BEST WISHES FOR A LONG AND FULFILLING RETIREMENT.

The Resolution was adopted.

The following was introduced:

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

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

H. 3557 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE WAR VETERANS OF LAURENS COUNTY AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF HONORING THEIR SACRIFICE AND SERVICE TO THIS COUNTRY BY PRESENTING THEM WITH A FLAG OF THE STATE OF SOUTH CAROLINA FOR DISPLAY IN THE VETERANS HALL OF FAME IN THE LAURENS COUNTY COURTHOUSE.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the war veterans of Laurens County at a date and time to be determined by the Speaker for the purpose of honoring their sacrifice and service to this country by presenting them with a flag of the State of South Carolina for display in the Veterans Hall of Fame in the Laurens County Courthouse.

The Resolution was adopted.

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

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates

Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Frye                   Funderburk             Haley
Hamilton               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               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, February 15.

Grady Brown                       Jerry Govan
Karl Allen                        Jackson "Seth" Whipper
Alex Harvin
Gene Pinson   Brenda Lee

The SPEAKER granted Rep. DUNCAN a leave of absence for the day.

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

The SPEAKER granted Rep. HAGOOD a leave of absence for the day due to illness.

Announcement was made that Dr. Stanley C. Baker of Greenwood is the Doctor of the Day for the General Assembly.

Rep. WILKINS presented to the House students from France participating in the J. L. Mann High School Exchange Program.

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. 3250 (Word version)
Date:   ADD:
02/15/05   YOUNG

Bill Number:   H. 3250 (Word version)
Date:   ADD:
02/15/05   ALLEN

Bill Number:   H. 3193 (Word version)
Date:   ADD:
02/15/05   HARDWICK

Bill Number:   H. 3453 (Word version)
Date:   ADD:
02/15/05   ALTMAN

Bill Number:   H. 3329 (Word version)
Date:   ADD:
02/15/05   BRADY

Bill Number:   H. 3110 (Word version)
Date:   ADD:
02/15/05   MAHAFFEY

Bill Number:   H. 3499 (Word version)
Date:   ADD:
02/15/05   E. H. PITTS

Bill Number:   H. 3475 (Word version)
Date:   REMOVE:
02/15/05   BRADY

Bill Number:   H. 3372 (Word version)
Date:   REMOVE:
02/15/05   TALLEY

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

S. 223 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT FOR THE CITY OF WESTMINSTER, THE DUTIES OF THE BOARD OF COMMISSIONERS OF PUBLIC WORKS SHALL DEVOLVE UPON THE CITY COUNCIL ON JULY 1, 2005.

H. 3126 (Word version) -- Reps. Duncan, Rice and M. A. Pitts: A BILL TO AMEND SECTION 56-3-1250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, CONTENT, POSSESSION, AND DISPLAY OF A VEHICLE REGISTRATION CARD, AND THE PENALTY FOR THE FAILURE OF THE OWNER OF A VEHICLE TO SIGN THE VEHICLE'S REGISTRATION CARD, SO AS TO DELETE THE PROVISION THAT REQUIRES A VEHICLE OWNER TO SIGN THE VEHICLE'S REGISTRATION CARD AND THE PENALTY FOR THE FAILURE OF THE OWNER OF A VEHICLE TO SIGN THE VEHICLE'S REGISTRATION CARD.

Rep. J. M. NEAL explained the Bill.

H. 3512 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO CERTIFICATION PROGRAM FOR PUBLIC LIBRARIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2899, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WHITMIRE explained the Joint Resolution.

The following Bill was taken up:

H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR

Reps. CATO, LEACH, G. R. SMITH, LOFTIS, HAMILTON, ALTMAN, SINCLAIR, J. R. SMITH, DAVENPORT, SKELTON, THOMPSON, WEEKS and MACK requested debate on the Bill.

Rep. LOFTIS moved to adjourn debate upon the following Bill until Wednesday, February 16, which was adopted:

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, Toole, Umphlett and Young: 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.

The following Bill was taken up:

H. 3355 (Word version) -- Reps. Duncan, Witherspoon, Frye, M. A. Pitts, G. R. Smith, McLeod, Ott and Walker: 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

Reps. ALTMAN, SCARBOROUGH, PHILLIPS, ANTHONY, F. N. SMITH, LITTLEJOHN, LIMEHOUSE, WEEKS, THOMPSON, HOSEY, MACK, J. BROWN, OTT, MERRILL, FRYE, WITHERSPOON and BALES requested debate on the Bill.

The following Bill was taken up:

H. 3193 (Word version) -- Reps. W. D. Smith, Clemmons, Barfield, Viers, Edge, Miller, Anderson and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY

Rep. SKELTON explained the Bill.

Rep. COOPER 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. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ BBM\10594MM05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Title 37 of the 1976 Code is amended by adding:

Section 37-25-10.   As used in this section:

(1)   'Contact lens prescription' means a written order bearing the original signature of a licensed optometrist or ophthalmologist or an oral order issued directly to a dispenser by a licensed optometrist or ophthalmologist which authorizes dispensing ophthalmic contact lenses

(2)   'Person' means an individual, corporation, trust, partnership, incorporated or unincorporated association, and other legal entity.

(3)   'Department' means the South Carolina Department of Consumer Affairs.

Section 37-25-20.   It is unlawful for a person to dispense an ophthalmic contact lens or lenses without first having obtained a valid, unexpired contact lens prescription from a licensed optometrist or ophthalmologist.

Section 37-25-30.   A contact lens prescription must include:

(1)   ophthalmic information necessary to fabricate or dispense the lenses accurately, including the lens manufacturer, lens series, and the lens material, if applicable;

(2)   the diameter, axis, add power, cylinder, peripheral curve, optical zone, and center thickness, where applicable;

(3)   power and base curve;

(4)   name, license number, telephone number and, for written orders, the signature of the prescribing optometrist or ophthalmologist;

(5)   patient's name and address, expiration date of the prescription, and number of refills or lenses permitted; and

(6)   the date of issuance.

Section 37-25-40.   A contact lens prescription is valid for twelve months from the later of the date: (i) the prescription is authorized; or (ii) the last date of the contact lens evaluation by an optometrist licensed in accordance with Chapter 37 of Title 40 or ophthalmologist licensed in accordance with Chapter 47 of Title 40. A contact lens prescription may not be issued to expire beyond this twelve-month period and may be only issued to expire before the end of this twelve-month period if the expiration is ordered due to a health related reason noted in the patient's medical chart.

Section 37-25-50.   A contact lens fitting is complete and a contact lens prescription may be written when customary professional standards have been followed including, at least:

(1)   the licensed optometrist or ophthalmologist has completed all measurements, tests, and examinations necessary to satisfy his or her professional judgment that the patient is a viable candidate to wear contact lenses, which determination may require more than one visit between the patient and the optometrist or ophthalmologist; and

(2)   contact lenses suitable for the patient's eyes have been evaluated and fitted by the licensed optometrist or ophthalmologist to

Section 37-25-60.   A contact lens prescription, written and signed by an optometrist licensed in accordance with Chapter 37 of Title 40 or an ophthalmologist in accordance with Chapter 47 of Title 40 must be released without additional charge, upon request of the patient, after the fitting is complete and upon payment in full for the examination and fitting.

Section 37-25-70.   (A)   A person who offers to dispense or dispenses contact lenses in violation of this chapter, in addition to another penalty provided by law, is subject to a civil penalty imposed by the Department of Consumer Affairs in an amount not to exceed five thousand dollars for each violation.

(B)   The department must give a person alleged to be in violation of a provision of this section notice and an opportunity for a hearing in accordance with the provisions of the Administrative Procedures Act.

Section 37-25-80.   A licensed optometrist or ophthalmologist who has prescribed contact lenses or who releases a contact lens prescription pursuant to this chapter is not liable for damages due to injury resulting from violation of this chapter unless the person offering to dispense or dispensing the contact lenses and the person that prescribed the contact lenses are the same person."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

Rep. SCOTT asked unanimous consent to recall H. 3340 (Word version) from the Committee on Education and Public Works.
Rep. WALKER objected.

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

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

H. 3558 (Word version) -- Rep. Chellis: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SUMMERVILLE HIGH SCHOOL BOYS SWIM TEAM, COACH DAN MCDONOUGH, AND OTHER SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THE TEAM ON THEIR 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 Summerville High School Boys Swim Team, Coach Dan McDonough, and other school officials, at a date and time to be determined by the Speaker, for the purpose of congratulating the team on their 2004 Class AAAA State Championship.

The Resolution was adopted.

The following was introduced:

H. 3559 (Word version) -- Rep. Chellis: A CONCURRENT RESOLUTION CONGRATULATING THE 2004 SUMMERVILLE HIGH SCHOOL "GREEN WAVES" BOYS SWIM TEAM AND HEAD COACH DAN MCDONOUGH ON CAPTURING THE AAAA STATE SWIMMING CHAMPIONSHIP.

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

At 1:00 p.m. the House, in accordance with the motion of Rep. SIMRILL, adjourned in memory of Clyde Ross of Rock Hill, to meet at 10:00 a.m. tomorrow.

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