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 the Talmud, the body of early Jewish civil and religious law: "He is wise who learns from others."
Let us pray. O Lord God, we thank You for the blessings You have given to us. Give these Representatives and staff the ability to use the gifts of wisdom, courage and integrity in making decisions which affect so many people. Guide them with Your mighty hand. Continue Your blessings on our Nation, President, State, Governor and leaders. Keep our defenders of freedom safe and in Your care. Hear us as we pray. Amen.

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

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

Rep. CHALK moved that when the House adjourns, it adjourn in memory of Chandler Egnor of Hilton Head Island, which was agreed to.

The following was received:

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

At-large

two seats         Col. Allison Dean Love

Mr. W. Thomas McQueeney
Clemson University

At-large

three seats         Mr. Thomas C. Lynch, Jr.

Ms. Patti McAbee

Mr. Joseph D. Swann

(incumbent - no opposition - to be screened)
College of Charleston

Six congressional districts, two at-large

1st District, Seat 1     Mr. Joseph F. Thompson, Jr.

2nd District, Seat 3     Mr. John H. Busch

3rd District, Seat 5     Ms. Annaliza Oehmig Moorehead

4th District, Seat 7     Mr. John B. Wood, Jr.

5th District, Seat 9     Mr. Frank M. Gadsden

Dr. Joe Willis

6th District, Seat 11     Ms. Demetria Noisette Clemons

At-large, Seat 13     Mr. Robert W. Marlowe

At-large, Seat 15     Mr. Donald H. Belk

Coastal Carolina University

Three congressional districts

1st District, Seat 2     Mr. Robert L. Rabon

4th District, Seat 8     Mr. Tommy Stringer

3rd District, Seat 5     pending

Francis Marion University

Six congressional districts, two at-large

1st District, Seat 1     Dr. H. Randall Dozier

2nd District, Seat 3     Mr. William M. Ellen

3rd District, Seat 5     Ms. Carolyn B. Shortt

4th District, Seat 7     Mr. L. Franklin Elmore

5th District, Seat 9     Mr. W. C. Stanton

6th District, Seat 11     Mr. James A. Brown, Jr.

At-large, Seat 13     Mr. Robert E. Lee

(incumbent-no opposition-to be screened)

At-large, Seat 15     Mr. Kenneth W. Jackson

Six congressional districts, two at-large

1st District, Seat 1     Mr. Chuck Hagood

Mr. Charles R. Thompson, Jr.

2nd District, Seat 3     Mr. Maurice Holloway

3rd District, Seat 5     Ms. Mamie W. Nicholson

4th District, Seat 7     Mr. Fred Thrailkill

5th District, Seat 9     Dr. Glenn J. Lawhon, Jr.

6th District, Seat 11     Ms. Ricci Land Welch

At-large, Seat 13     Mr. Raymond D. Hunt

At-large, Seat 15     Mr. Bobby M. Bowers

Medical University of South Carolina

Six congressional districts (3 from medical, 3 from non-medical)

1st District, medical     Dr. Donald R. Johnson II

2nd District, medical     Dr. Thomas C. Rowland, Jr.

3rd District, medical     Dr. Stanley C. Baker, Jr.

4th District, non-medical   Mr. Thomas L. Stephenson

5th District, non-medical   Dr. James E. Wiseman, Jr.

6th District, non-medical   Mr. Charles L. Appleby, Jr.

Mr. Robin Tallon

SC State University

One congressional district, two at-large

3rd District, Seat 3     Mr. Lumus Byrd, Jr.

At-large, Seat 7     Mr. Charles H. Williams II

Mr. Jay K. Fields

At-large, Seat 9     Mr. Glenn E. Jones

Mr. Earl A. Bridges, Jr.

Mr. Joseph C. Sanders

University of South Carolina

Nine Judicial Circuits

1st Circuit         Mr. Othniel H. Wienges, Jr.

3rd Circuit         Mr. Arthur S. Bahnmuller

5th Circuit         Mr. William C. Hubbard

7th Circuit         Mr. Toney J. Lister

9th Circuit         Mr. John C. von Lehe, Jr.

10th Circuit         Mr. John W. Fields

11th Circuit         Mr. Michael J. Mungo

12th Circuit         Dr. C. Edward Floyd

13th Circuit         Mr. Mack I. Whittle, Jr.

Mr. Richard A. Jones, Jr.

Wil Lou Gray Opportunity School

At-large

Three seats         Mr. Carlisle Roddey

Dr. Earle L. Bennett

Ms. Marilyn Edwards Taylor

Winthrop University

Two congressional districts

1st District, Seat 1     Ms. Glenda Pittman Owens

1st District, Seat 5     Ms. Kathy H. Bigham

Respectfully submitted,

Rep. Olin Phillips, Chrm.     Sen. Thomas Alexander
Rep. Becky Martin       Sen. Linda Short
Rep. Lanny F. Littlejohn     Sen. Jake Knotts
Rep. Jesse E. Hines       Sen. Harvey S. Peeler, Jr.

The following candidate screening was conducted on February 6th, 2006, Room 403, Blatt Building, Columbia, South Carolina, before Sonya K. Grice, Court Reporter and Notary Public in and for the State of South Carolina.

Representative Olin Phillips, Chairman
Representative Becky Martin
Representative Lanny F. Littlejohn
Representative Jesse Hines
Senator Thomas Alexander
Senator Linda Short

Sophia Floyd, Administrative Assistant

(Affirmation)
CHAIRMAN PHILLIPS: All right. We'll start right there, then. And we have that behind us, so we'll just go into the screening.
SENATOR ALEXANDER: Mr. Chairman?
CHAIRMAN PHILLIPS: Yes, sir?
SENATOR ALEXANDER: Before you do, can I do my special introduction?
CHAIRMAN PHILLIPS: Yes, sir. Senator Alexander has a special introduction.
SENATOR ALEXANDER: I just wanted to welcome, I've had the pleasure this morning of having the Mayor of Walhalla ride down with me. He's not running for anything here. He's already got what he wants. Lamar Bell is a long-time friend and family friend for as

(Adjourned at 12:00 p.m.)

The following candidate screening was conducted on February 13th, 2006, Room 403, Blatt Building, Columbia, South Carolina, before Sonya K. Grice, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:

Representative Olin Phillips, Chairman
Representative Becky Martin
Representative Lanny F. Littlejohn
Senator Harvey S. Peeler, Jr.
Senator Jake Knotts
Senator Thomas Alexander
Senator Linda Short

Sophia Floyd, Administrative Assistant

CHAIRMAN PHILLIPS: I call this meeting to order, the Joint Screening Committee. We're running a little bit behind because some of the Senators called in and House members are on the way. They should be arriving pretty shortly, but we've got a few little things we needed to do from the last meeting, and we'll take care of that at first. But first, I'd like to introduce you to the Committee

CHAIRMAN PHILLIPS: Let the record show that Senator Knotts moved we come out of Executive Session, second by Senator Alexander. And now we're back in the regular session, and we're screening a candidate for, Mr. John Calvin Pack. Mr. Pack?
MR. PACK: Yes, sir.
CHAIRMAN PHILLIPS: You do know that if this Committee screens you out that you certainly would have to come to the General Assembly and ask Senators and House members to stand up and support you on the floor in a vote at a time in the future, should you be allowed to continue in this race?
MR. PACK: I do understand that.
CHAIRMAN PHILLIPS: You understand that?
MR. PACK: Yes, I do, Mr. Chairman.
CHAIRMAN PHILLIPS: Wouldn't be kind of hard for someone to - well, okay. Any other Committee members have any questions?
SENATOR PEELER: Mr. Chairman, what type motion do you require of these candidates, either favorable, unfavorable or non-qualified? What's the proper motion ...
CHAIRMAN PHILLIPS: Unfavorable.
SENATOR PEELER: So that - would that person then continue on with the process?
CHAIRMAN PHILLIPS: No, no. He - once we vote, however this Committee decides to vote, yes or no, yes, he continues in; no, he's a non-favorable candidate, and that discontinues him. What is the pleasure of the Committee? Any questions? Senator Knotts.

CHAIRMAN PHILLIPS: Motion to adjourn by Becky Martin, second by Lanny Littlejohn.

Received as information.

On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Mental Illness Recovery Center, Inc., the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 1, 2006, beginning at 8:30 a.m. in Room 221 of the Blatt Building.

Sincerely,
Chrissy Stauffer
Director of Development and Public Relations

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the ETV Endowment of South Carolina, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 1, 2006, beginning at 12:00 noon at the SC ETV Telecommunications Center, 1041 George Rogers Boulevard.

Sincerely,
Debra Rogers Timmerman
President

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee

Dear Chairman Leach:

On behalf of the South Carolina Hospital Association, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 1, 2006, beginning at 6:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Ken Shull
President

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Coroner's Association, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 2, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Chrissy Stauffer
Director of Development and Public Relations

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Farm Bureau Federation, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 7, 2006, from 6:00 p.m. until 7:30 p.m. at the New Brookland Baptist Church Banquet and Conference Center, 1066 Sunset Boulevard.

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Association of Technical College Commissioners, Inc., the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 8, 2006, from 8:00 a.m. until 9:15 a.m. at the Clarion Town House Hotel.

Sincerely,
Tony M. Vaughan
President

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Association of Public Library Administrators, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 8, 2006, from 12:00 noon until 2:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Dwight McInvaill
Director

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee

Dear Chairman Leach:

On behalf of the South Carolina Association of Counties, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 8, 2006, from 6:00 p.m. until 7:30 p.m. at the Embassy Suites Hotel.

Sincerely,
Waymon Mumford
President

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Vocational Rehabilitation Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 9, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
James D. Parler
President

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Supreme Court Justices, the Court of Appeals, the Circuit Court Judges, the Family Court Judges and the Masters-In-Equity of SC, the Members of the House of Representatives are invited to an "Old Fashioned Barbecue". This event will be held on

Sincerely,
Judge Paul M. Burch

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Florence County Economic Development Partnership, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 21, 2006, from 8:00 p.m. until 10:00 p.m. at the Capital City Club.

Sincerely,
Tom Marschel
President, Greater Florence Chamber of Commerce

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of PalmettoPride, the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, March 22, 2006, from 8:00 a.m. until 10:00 a.m. at Seawell's.

Sincerely,
Debbie Cohea
Program Coordinator

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee

Dear Chairman Leach:

On behalf of the South Carolina Child Care Association, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 8, 2006, from 12:00 noon until 2:00 p.m. in Room 221 of the Blatt Building.

Sincerely,
Shannon Erickson
President

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Association of Municipal Power Systems, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, March 22, 2006, from 6:00 p.m. until 8:00 p.m. at Seawell's.

Sincerely,
C. Samuel Bennett II
President

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Wil Lou Gray Opportunity School, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 23, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the State Farm Insurance Companies, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Tuesday, March 28, 2006, from 12:30 p.m. until 2:00 p.m. on the State House Grounds.

Sincerely,
Adam Taylor
Public Affairs/Marketing Department

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the York County Regional Chamber of Commerce, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, March 28, 2006, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Dean Faile
Senior Vice President

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

On behalf of the South Carolina Prayer Fellowship, the Members of the House of Representatives are invited to the SC State Prayer Breakfast. This event will be held on Wednesday, March 29, 2006, at 7:30 a.m. at the Radisson Hotel, 2100 Bush River Road.

Sincerely,
C. Tommy Young
Chairman

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Association of Housing Authorities, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, March 29, 2006, from 12:00 noon until 2:00 p.m. in Room 221 of the Blatt Building.

Sincerely,
Roy Johnson
Executive Director

February 17, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Home Builders Association of South Carolina, the Members of the House of Representatives are invited to a Bird Supper. This event will be held on Wednesday, March 29, 2006, beginning at 6:30 p.m. at Seawell's.

Sincerely,
John C. Cone
Executive Director

Dear Chairman Leach:

On behalf of the South Carolina Chapters of Alpha Kappa Alpha Sorority, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, March 30, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Sheila McMillan, Esq.
SC AKA Connection Co-Chairman

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

Document No. 3025
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10 et seq.
Classified Waters
Received by Speaker of the House of Representatives
February 21, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration January 28, 2007

Document No. 3047
Agency: Department of Agriculture
Statutory Authority: 1976 Code Section 12-6-3580
Qualifying for the Milk Producers Tax Credit
Received by Speaker of the House of Representatives
February 21, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration January 28, 2007

The following was received:

Columbia, S.C., February 16, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 220, H. 4394 by a vote of 30 to 9.

(R220, H4394 (Word version)) -- Reps. W.D. Smith, Littlejohn, Mitchell, Mahaffey, Talley, Walker and Sinclair: AN ACT TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED BY IT AS THE SPARTANBURG COMMUNITY COLLEGE.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., February 16, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Hayes and Richardson of the Committee of Conference on the part of the Senate on H. 3010:

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

Very respectfully,
President
Received as information.

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

H. 3573 (Word version) -- Reps. Clark, Haley, Ballentine, Moody-Lawrence, Anthony, R. Brown, Clyburn, Frye, Hosey, Huggins, Mack, Mahaffey, J. H. Neal, J. M. Neal, Rice, D. C. Smith, J. R. Smith, Townsend, Vaughn and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.
Ordered for consideration tomorrow.

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

H. 4350 (Word version) -- Reps. G. R. Smith, Hamilton, Vaughn, Leach and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-222 SO AS TO ALLOW CERTAIN PERSONS WHO WEAR BIOPTIC TELESCOPIC LENSES TO OBTAIN A DRIVER'S LICENSE.
Ordered for consideration tomorrow.

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

H. 4681 (Word version) -- Reps. M. A. Pitts, Duncan, Umphlett, Hosey, Bailey, Ceips, Leach and Phillips: A BILL TO AMEND SECTION 23-31-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF FIREARMS BY LOCAL GOVERNMENTS, SO AS TO DELETE THE PROVISION THAT PREVENTS A LOCAL GOVERNMENT FROM REGULATING THE USE, SALE, TRANSPORTATION, OR PUBLIC BRANDISHMENT OF FIREARMS DURING THE TIMES OF A DEMONSTRATED POTENTIAL FOR INSURRECTION, INVASIONS, RIOTS, OR NATURAL DISASTERS; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF A CONCEALED WEAPON PERMIT, SO AS TO RESTRICT THE RELEASE OF A LIST OF ALL PERMIT HOLDERS OR VERIFY AN INDIVIDUAL'S PERMIT STATUS BY SLED TO INSTANCES WHEN A REQUEST FOR THIS INFORMATION IS TO AID IN AN OFFICIAL LAW ENFORCEMENT INVESTIGATION.
Referred to Committee on Judiciary

H. 4682 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS AND VULNERABLE ADULT FATALITIES; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF FACILITIES TO INCLUDE RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS, AND THE DEFINITION OF "INVESTIGATIVE ENTITY" TO INCLUDE THE SPECIAL INVESTIGATIONS UNIT IN THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 43-35-15, RELATING TO THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE,

H. 4683 (Word version) -- Reps. M. A. Pitts, Haley, Hosey, Ceips, Jefferson and Leach: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF SHOOTING PRESERVES, SO AS TO REVISE THE MANNER OF THEIR ESTABLISHMENT, THE LEGAL SHOOTING PRESERVES SPECIES, AND OTHER PROVISIONS PERTAINING TO THE OPERATION OF SHOOTING PRESERVES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4686 (Word version) -- Reps. Altman and Haskins: A BILL TO AMEND SECTION 26-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A NOTARY PUBLIC, SO AS TO REQUIRE THAT THE APPOINTEE BE A RESIDENT OF THIS STATE FOR FIVE YEARS OR MORE AND

H. 4687 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 20-7-6840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT INTENSIVE SUPERVISION SERVICES ARE AMONG THE COMMUNITY-BASED PROGRAMS THE DEPARTMENT PROVIDES; AND TO SPECIFY THOSE JUVENILES WHO MUST BE ASSIGNED TO INTENSIVE SUPERVISION SERVICES AND TO FURTHER PROVIDE FOR THE SCOPE AND DELIVERY OF THESE SERVICES.
Referred to Committee on Judiciary

S. 991 (Word version) -- Senators Ryberg, Land and Moore: A BILL TO AMEND SECTION 34-21-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING OF FUNDS RECEIVED OR HELD IN TRUST BY A BANK OR TRUST COMPANY, SO AS TO FURTHER PROVIDE FOR ACCEPTABLE FORMS OF SECURITY.
Referred to Committee on Labor, Commerce and Industry

S. 1021 (Word version) -- Senators Grooms, Mescher and Campsen: A BILL TO REQUIRE A SPECIAL CALCULATION OF THE ROLLBACK PROPERTY TAX MILLAGE IMPOSED FOR SCHOOL OPERATIONS IN BERKELEY COUNTY IN LIEU OF THE ROLLBACK MILLAGE CALCULATED IN THE MANNER PROVIDED BY GENERAL LAW.
Referred to Berkeley Delegation

S. 1086 (Word version) -- Senator Verdin: A BILL RELATING TO THE INCORPORATION OF THE BOARD OF TRUSTEES OF PRESBYTERIAN COLLEGE, TO PROVIDE A CORPORATE NAME TO THE BOARD OF TRUSTEES, TO DEFINE AND ENUMERATE THE COMPOSITION AND POWERS OF THE BOARD, TO PROVIDE FOR AN EXECUTIVE COMMITTEE OF THE BOARD, TO PROVIDE FOR AWARDING DEGREES AND

S. 1143 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO FEES AND CHARGES OF CONSUMER CREDIT COUNSELING ORGANIZATION LICENSEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

The following was introduced:

H. 4684 (Word version) -- Reps. Haskins, Vaughn, Bannister, Cato, Hamilton, Leach, Loftis, M. A. Pitts, Rice, G. R. Smith, Taylor and Tripp: A HOUSE RESOLUTION TO COMMEMORATE THE FIFTEENTH ANNIVERSARY OF THE PIEDMONT WOMEN'S CENTER IN GREENVILLE COUNTY AND TO RECOGNIZE THE VALUABLE CONTRIBUTIONS OF THIS NONPROFIT ORGANIZATION AND THE DEDICATION OF EXECUTIVE DIRECTOR LENNA NEILL.

The Resolution was adopted.

The following was introduced:

H. 4685 (Word version) -- Reps. Jefferson, Hinson, Limehouse and Merrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE IN BERKELEY COUNTY THAT FORMS THE BOUNDARY BETWEEN LAKE MARION AND LAKE MOULTRIE ALONG SOUTH CAROLINA HIGHWAY 45 THE "AMOS NATHANIEL ROGERS BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "AMOS NATHANIEL ROGERS BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Bannister              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                 Davenport
Delleney               Duncan                 Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
M. Hines               Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Talley
Taylor                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Vick                   Walker                 White
Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, February 21.

Tracy Edge                        Jesse Hines
Dwight Loftis                     Ronald Townsend
Fletcher Smith                    David Weeks
Thomas Rhoad                      Thad Viers
Karl Allen                        Jackson "Seth" Whipper
Bill Cotty

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

The SPEAKER granted Rep. STEWART a leave of absence for today and tomorrow.

Announcement was made that Dr. March Seabrook of West Columbia is the Doctor of the Day for the General Assembly.

Reps. GOVAN, HOSEY, OTT and COBB-HUNTER presented to the House the South Carolina State University Mens and Womens Tennis Teams, the Mid-Eastern Athletic Conference Champions, their coaches and other school officials.

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

Bill Number:   H. 4317 (Word version)
Date:   ADD:
02/21/06   CEIPS

Bill Number:   H. 4317 (Word version)
Date:   ADD:
02/21/06   SCARBOROUGH

Bill Number:   H. 4427 (Word version)
Date:   ADD:
02/21/06   BOWERS

Bill Number:   H. 4502 (Word version)
Date:   ADD:
02/21/06   CLARK

Bill Number:   H. 4503 (Word version)
Date:   ADD:
02/21/06   MAHAFFEY

Bill Number:   H. 4503 (Word version)
Date:   ADD:
02/21/06   CLARK

Bill Number:   H. 4544 (Word version)
Date:   ADD:
02/21/06   G. M. SMITH

The following Bill was taken up:

H. 4657 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS, TO DEFINE GENERAL OBLIGATION BOND DEBT SERVICE FOR BONDS ISSUED TO PAY FOR CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY OR BONDS ISSUED TO REFUND SUCH BONDS PREVIOUSLY ISSUED, AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM ON THE QUESTION OF IMPOSING THIS TAX.

Rep. G. BROWN, with unanimous consent, proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\9264HTC06), which was adopted:
Amend the bill, as and if amended, by striking all after SECTION 1 and inserting:
/ SECTION   2.   For purposes of this act,

(1)   "governing body" means the Lee County Council.

(2)   "school district" means the School District of Lee County.
SECTION   3.   Subject to the requirements of this act, there may be imposed a one percent sales and use tax within Lee County. The proceeds of the tax must be distributed to the school district as provided in this act. The board of trustees of the school district, before the expenditure of the proceeds of the tax authorized by this act, by resolution, must determine the specific purposes for which the proceeds of the tax as distributed must be expended. However, in any case and as finally determined by the governing body of the school district, the proceeds must be applied only to defray the cost of capital improvements within the school district, either by (a) paying debt service on general obligation debt issued by the school district or debt service on debt issued by a nonprofit corporation on behalf of the school district, or (b) directly paying such costs.

(B)   The tax terminates upon the earlier of:

(1)   the final day of the maximum time specified in the ordinance for the imposition; or

(2)   sixty days following the filing with the Department of Revenue of a certified copy of an ordinance of the governing body terminating the tax.
SECTION   6.   (A)   The tax imposed pursuant to this act must be administered and collected by the South Carolina Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts that may be added to the sales price because of the tax.

(B)   The tax authorized by this act is in addition to all other local sales and use taxes and applies to the gross proceeds of the sales in Lee County which are subject to the tax imposed by Chapter 36, Title 12 of the 1976 Code and the enforcement provisions of Chapter 54, Title 12 of the 1976 Code. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 of the 1976 Code are exempt from the tax imposed by this act. The gross proceeds of the sale of food that may lawfully be purchased with United States Department of Agriculture food coupons are exempt from the tax imposed by this act. The tax imposed by this act also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12 of the 1976 Code.

(C)   Taxpayers required to remit taxes under Article 13, Chapter 36, Title 12 of the 1976 Code shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.

(D)   Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.

(E)   A taxpayer subject to the tax imposed by Section 12-36-920 of the 1976 Code who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.

(F)   The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax imposed pursuant to this

(G)   Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this act, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
SECTION   7.   (A)   The revenues of the sales and use tax collected pursuant to this act must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the South Carolina Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues monthly to the Lee County Treasurer for the benefit of the school district. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation.

(B)   The State Treasurer shall distribute proceeds of the tax, less amounts attributable to refunds and administration as provided in subsection (A) of this section, to the Lee County Treasurer and thereafter by the Lee County Treasurer to the school district for the purposes provided in this act.

(C)   Except as provided in Section 8 of this act, withdrawals by the school district of tax proceeds from the Lee County Treasurer must be made in the same manner as are funds appropriated to the school district by the State. Pending these withdrawals, taxes must be deposited in an account for the school district, separate and distinct from accounts established for any other purpose, and investment earnings derived from monies in such an account must be credited to the account. The school district shall maintain records that demonstrate that tax proceeds are spent only for the purposes as approved by the governing body and in accordance with this act.
SECTION   8.   If the school district elects that all or a portion of the share of the proceeds of the sales and use tax imposed and collected may be applied to the payment of debt service on general obligation debt issued by the school district or debt service on debt issued by a

Upon notification by the governing body of its election under this section, the Lee County Treasurer shall certify to the Lee County Auditor by August first of that fiscal year the amount of sales and use taxes then held by the Lee County Treasurer for the benefit of the school district and designated by the governing body for application to such debt service payments. The Lee County Auditor shall reduce the levy of property taxes for the fiscal year required to pay debt service on general obligation bonds of the school district by the amount of sales and use tax revenues certified as held by the Lee County Treasurer and designated by the governing body for that purpose. This amount of sales and use taxes thereafter must not be released to the school district but must be held by the Lee County Treasurer to pay debt service on general obligation bonds. However, any sales and use taxes held by the Lee County Treasurer in excess of the amounts designated by the governing body for payment of debt service on general obligation bonds in the eighteen months following the July first of the fiscal year must be expended as directed by the governing body in accordance with this act. Any investment earnings derived from the sales and use tax must be expended as directed by the governing body in accordance with this act.
SECTION   9.   The South Carolina Department of Revenue, the State Department of Education, and the Lee County Auditor shall furnish data to the State Treasurer, the county treasurer, and to the governing body for the purpose of calculating distributions and estimating revenues. The information that must be supplied to the governing body upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240 of the 1976 Code. A person violating this section is subject to the penalties provided in Section 12-54-240 of the 1976 Code.

Rep. G. BROWN explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the third time and ordered sent to the Senate.

The following Bill was taken up:

H. 4666 (Word version) -- Rep. Branham: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED AT THE GENERAL ELECTION IN NOVEMBER AND PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE FOUR YEARS.

Rep. BRANHAM proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22438SJ06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/   SECTION   1.   Sections 2, 3, and 4 of Act 239 of 1981 are amended to read:

"Section   2.   The Board of Trustees of Florence School District No. 1 (the board) shall consist of nine members elected for terms of three four years and until their successors are elected and qualify.

Members of the board shall must be elected at a special election to be held on the first Tuesday in May the general election in November. The election shall must be conducted by the Commissioners of Election for Florence County. A notice of the election shall must be published in a newspaper of general circulation in the school district at least once, thirty days prior to one hundred five days before the election. The notice shall must state the purpose of the election, the method for filing nominating petitions, and the voting places for the election.

The Commissioners of Election shall conduct the election at the regular voting places within the district. Such The election shall must

Section   3.   (A) Terms shall be arranged so that terms of three four board members shall must expire each year at one general election and terms of the other five board members must expire at the next general election, and vacancies shall must be filled by an election at large. Seats shall not be designated by number. Voters shall not be required to vote for a full slate of candidates in order for their vote to be valid. The ballots shall be marked instructing the voters that they may vote for any one, two, or three, but not more than three of the candidates. The three candidates receiving the highest number of votes whether or not such vote constitutes a majority of those voting shall be declared elected.

(B)   Members in seats 3, 6, 8, and 9 shall remain on the board until their successors are elected and qualify at the 2006 general election and assume office in 2007. Members in seats 1, 2, 4, 5, and 7 shall remain on the board until their successors are elected and qualify at the 2008 general election and assume office in 2009.

Section   4.   Any A person eighteen years of age or older may become a candidate for positions on the school board by filing a statement that he is a candidate with the county election commission no later than noon of the fifteenth day prior to the election. Filing for the election must open at noon one hundred five days before the election and close at noon ninety days before the election.

The expenses of elections for trustees shall must be paid for by Florence School District No. 1.

Elected members shall assume office June January first of the year in which after they are elected."
SECTION   2.   Statements of candidacy currently on file with the county election commission for the May 2006 election must be vacated, and a new filing date must be set for the November 2006 election pursuant to the provisions of this act.
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

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

Rep. COATES moved to adjourn debate upon the following Bill until Wednesday, February 22, which was adopted:

H. 3740 (Word version) -- Reps. McGee, Coates, M. Hines, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

The following Joint Resolution was taken up:

H. 4502 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Young, Bingham, Bailey, Loftis, Perry, Haskins, Witherspoon, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Ott, Mack, Vick, Clemmons, Bales and Clark: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES; TO PROVIDE FURTHER THAT PRIVATE PROPERTY MUST NOT BE TAKEN IF AT THE TIME OF THE CONDEMNATION THE PUBLIC BODY CONDEMNING THE PROPERTY INTENDS TO

Reps. HARRISON, EDGE, J. E. SMITH, SCOTT, BALLENTINE, E. H. PITTS, J. H. NEAL, MACK, CLYBURN, HOSEY, HAYES, COBB-HUNTER, BINGHAM, COTTY, CHELLIS, MERRILL, SCARBOROUGH, BREELAND, BRANHAM, NORMAN, CATO, DAVENPORT, HASKINS, FUNDERBURK, J. HINES, MARTIN, LEACH, ALTMAN, JEFFERSON and BAILEY requested debate on the Joint Resolution.

The following Bill was taken up:

H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL

Reps. HARRISON, EDGE, J. E. SMITH, FUNDERBURK, J. H. NEAL, MCLEOD, BALLENTINE, HOSEY, JEFFERSON, CLYBURN, UMPHLETT, PINSON, RIVERS, EMORY, COTTY, MERRILL, DUNCAN, ALTMAN, SCARBOROUGH, R. BROWN, DAVENPORT, PERRY, VAUGHN, BATTLE, THOMPSON and HODGES requested debate on the Bill.

The following Bill was taken up:

H. 4015 (Word version) -- Rep. White: A BILL TO AMEND SECTIONS 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE AND FOR CHANGE IN SUPERVISING PHYSICIAN; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION; TO CLARIFY THE REQUIREMENTS FOR OFF-SITE PRACTICE; TO PROVIDE THAT PATIENT CHARTS FOR PATIENTS SEEN BY A PHYSICIAN ASSISTANT IN A SUPERVISOR'S ABSENCE MUST BE REVIEWED BY THE SUPERVISING PHYSICIAN OR ALTERNATE WITHIN FIVE WORKING DAYS AND TO PROVIDE AN EXCEPTION; TO PROVIDE LIMITED CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY; TO CLARIFY THAT THE PHYSICIAN ASSISTANT PRACTICE IS LIMITED TO THE SUPERVISING PHYSICIAN'S SCOPE OF PRACTICE; TO PROVIDE REFERENCES; TO CHANGE CERTAIN REFERENCES FROM BOARD TO COMMITTEE; AND TO PROVIDE THAT MONETARY FEES MAY BE DECREASED OR INCREASED BIENNIALLY FOR PHYSICIAN ASSISTANTS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12061AC06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION   1.   Section 40-47-910(1) and (6) of the 1976 Code, as added by Act 359 of 2000, are amended to read:

"(1)   'Alternate physician supervisor' or 'alternate supervising physician' means a South Carolina licensed physician currently

(6)   'Physician supervisor or supervising physician' means a South Carolina licensed physician currently possessing an active, unrestricted permanent license to practice medicine in South Carolina who is approved to supervise serve as a supervising physician for no more than two physician assistants. The physician supervisor is the individual who is responsible for supervising a physician assistant's activities."
SECTION   2.   Section 40-47-935 of the 1976 Code, as added by Act 359 of 2000, is amended to read:

"Section 40-47-935.   Physician assistants may perform:

(1)   medical acts, tasks, or functions with written scope of practice guidelines under physician supervision;

(2)   those duties and responsibilities, including the prescribing and dispensing of drugs and medical devices, that are lawfully delegated by their supervising physicians. However, only physician assistants holding a permanent license may prescribe drug therapy as provided in this article.

A physician assistant is an agent of his or her supervising physician in the performance of all practice related activities including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services."
SECTION   3.   Section 40-47-940 of the 1976 Code, as added by Act 359 of 2000, is amended to read:

"Section 40-47-940.   (A)   An application must be submitted to the board on forms supplied by the board. The application must be complete in every detail before it may be approved and must be accompanied by a nonrefundable fee. As part of the application process, the supervising physician and physician assistant must clearly specify clearly in detail those medical acts, tasks, or functions for which approval is being sought. The specific medical acts, tasks, or functions must be included in the scope of practice guidelines, and the scope of practice guidelines must accompany the application.

(B)   When a board member or board designee or the administrative staff of the board has reviewed the entire application for completeness and correctness, and has found the applicant eligible, and the supervising physician and physician assistant have appeared before

"Section 40-47-945.   (A)   Except as otherwise provided in this article, an individual must shall obtain a permanent license from the board before the individual may practice as a physician assistant. The board shall grant a permanent license as a physician assistant to an applicant who has:

(1)   submitted a completed application on forms provided by the board;

(2)   paid the nonrefundable application fees established in this article;

(3)   successfully completed an educational program for physician assistants approved by the Commission on Accredited Allied Health Education Programs Accreditation Review Commission on Education for the Physician Assistant or its predecessor or its successor organization;

(4)   successfully completed the NCCPA certifying examination and provide documentation that he or she the applicant possesses a current, active, NCCPA certificate;

(5)   certified that he or she the applicant is mentally and physically able to engage safely in practice as a physician assistant;

(6)   no licensure, certificate, or registration as a physician assistant under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a physician assistant;

(7)   good moral character;

(8)   submitted to the board any other information the board considers necessary to evaluate the applicant's qualifications;

(9)   appeared before a board member or board designee with his or her the applicant's supervising physician and all original diplomas and certificates and demonstrated knowledge of the contents of this article. A temporary authorization to practice may be issued as provided in Section 40-47-940 pending completion of this requirement and subject to satisfactory interview as provided below; and

(10)   successfully completed an examination administered by the committee on the statutes and regulations regarding physician assistant practice and supervision.

(B)   Not later than ninety days from the date a temporary authorization is issued, each applicant shall appear before a board member or board designee with the applicant's supervising physician and scope of practice guidelines and demonstrate knowledge of the contents of this article. Failure to appear within the prescribed time automatically results in the immediate invalidation of the authorization to practice pending compliance and further order of the board. If approved, a permanent license may be issued immediately. If not approved, the application must be reviewed by the committee and may be recommended to the board for approval as presented to or modified by the committee.

(C)   The supervising physician of a limited licensee must be physically must be present on the premises at all times when the limited licensee is performing any a task. No on-the-job training, or task not listed on the application, may be approved for a limited license holder."
SECTION   5.   Section 40-47-950 of the 1976 Code, as added by Act 359 of 2000, is amended to read:

"Section 40-47-950.   (A)   The board may issue a limited physician assistant license to an applicant who has:

(1)   submitted a completed application on forms provided by the board;

(2)   paid the nonrefundable application fees established by this regulation;

(3)   successfully completed an educational program for physician assistants approved by the American Medical Association Counsel on Medical Education Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor organization;

(4)   never previously failed two consecutive NCCPA certifying examinations and has registered for, or intends to register to take the next offering of, the NCCPA examination;

(5)   certified that he or she is the applicant mentally and physically is able to engage safely in practice as a physician assistant;

(6)   no licensure, certificate, or registration as a physician assistant under current discipline, revocation, suspension, probation, or investigation for cause resulting from the applicant's practice as a physician assistant;

(7)   good moral character;

(8)   submitted to the board any other information the board considers necessary to evaluate the applicant's qualifications;

(9)   appeared before a board member with his or her or board designee with the applicant's supervising physician and all original diplomas and certificates and demonstrated knowledge of the contents of this article; and

(10)   successfully completed an examination administered by the committee on the statutes and regulations regarding physician assistant practice and supervision.

(B)   A limited license is not renewable and is valid only until the results of a limited licensee's two consecutive NCCPA certifying examinations are reported to the board. When a limited licensee has failed two consecutive NCCPA certifying examinations, or fails one exam and does not take the NCCPA certifying examination at the next opportunity or, after applying for a limited license, fails to register for the next offering of the examination, the limited license is immediately is void and the applicant is no longer eligible to apply for further limited licensure.

(C)   The supervising physician of a limited licensee must be physically must be present on the premises at all times when the limited licensee is performing any a task. No on-the-job training, or task not listed on the application, may be approved for a limited license holder."
SECTION   6.   Section 40-47-955 of the 1976 Code, as added by Act 359 of 2000, is amended to read:

"Section 40-47-955.   (A)   The supervising physician is responsible for all aspects of the physician assistant's practice. Supervision must be continuous but must not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where the services are rendered, except as otherwise required for limited licensees. The supervising physician shall identify the physician assistant's scope of practice and determine the delegation of medical acts, tasks, or functions. All Medical acts, tasks, or functions must be defined in approved written guidelines

(B)   In an on-site practice setting, the supervising physician or alternate supervising physician must be physically must be present at the same location as the physician assistant at least seventy-five percent of the time each month the physician assistant is providing services at the same location as the supervising physician or alternate supervising physician. A physician assistant must have six months' clinical experience with the current supervising physician before being permitted to practice in the absence of the supervising physician. The physician assistant may not provide services in the absence of his or her the supervising physician or alternate supervising physician for a period not to exceed more than seven consecutive days each month without the prior written permission from approval of the board. The board may grant in writing exceptions to the seventy-five percent direct supervision requirement provided for in this subsection.

(C)   For off-site practice, a physician assistant may not practice at any location must have six months of clinical experience with the current supervising physician before being permitted to practice at a location off-site from the supervising physician, except that a physician assistant who has at least two years continuous practice in South Carolina in the same specialty will be permitted to practice at a location off-site from the supervising physician after three months clinical experience with the supervising physician and upon request of the supervising physician. This three-month requirement may be waived for experienced physician assistants and supervisors upon recommendation of the committee and approval by the board. The off-site location may not be more than forty-five miles or sixty minutes travel time from the supervising physician or alternate supervising physician without written approval of the board. The supervising physician or alternate supervising physician must be physically present at the off-site location not less than twenty percent of the time each month the physician assistant is providing services there. Notice of off-site practice must be filed with the administrative staff of the board before off-site practice may be authorized. The supervising physician or alternate must review, initial, and date the off-site physician assistant's charts within seventy-two hours of patients seen by the physician assistant when the supervising physician or alternate was not present at the practice site not later than five working days from the date of service if not sooner as proportionate to the acuity of care and practice setting.

(D)   A supervising physician may not supervise more than two physician assistants.

(D)(E)   Upon written request, and recommendation of the committee, the board may authorize exceptions to the requirements of this section."
SECTION   7.   Section 40-47-965 of the 1976 Code, as added by Act 359 of 2000, is amended to read:

"Section 40-47-965.   (A)   If the written scope of practice guidelines authorize the physician's assistant to prescribe drug therapy:

(1)   prescriptions for authorized drugs and devices shall comply with all applicable state and federal laws;

(2)   prescriptions must be limited to drugs and devices authorized by the supervising physician and set forth in the written scope of practice guidelines;

(3)   prescriptions must be signed by the physician assistant and must bear the physician assistant's identification number as assigned by the board and all prescribing numbers required by law. The preprinted prescription form shall include both the physician assistant's and physician's name, address, and phone number pre-printed on the form and shall comply with the provisions of Section 39-24-40;

(4)   drugs or devices prescribed must be specifically documented in the patient record;

(5)   the physician assistant may request, receive, and sign for professional samples of drugs authorized in the written scope of practice guidelines, except for controlled substances in Schedules Schedule II through IV, and may distribute professional samples to patients in compliance with appropriate federal and state regulations and the written scope of practice guidelines.

(B)   When applying for controlled substance prescriptive authority, the applicant shall comply with the following requirements:

(1)   the physician assistant shall provide evidence of completion of sixty contact hours of education in pharmacotherapeutics acceptable to the board before application;

(2)   the physician assistant shall provide at least fifteen contact hours of education in controlled substances acceptable to the board;

(3)   every two years, the physician assistant shall provide documentation of four continuing education contact hours in prescribing controlled substances acceptable to the board; and

(4)   the physician assistant and supervising physician must read and sign a document approved by the board describing the management of expanded controlled substances prescriptive authority for physician

(B)(C)   A physician assistant's prescriptive authorization may be terminated by the board if the physician assistant:

(1)   practices outside the written scope of practice guidelines;

(2)   violates any state or federal law or regulation applicable to prescriptions; or

(3)   violates a state or federal law applicable to physician assistants."
SECTION   8.   Section 40-47-970 of the 1976 Code, as added by Act 359 of 2000, is amended to read:

"Section 40-47-970.   A physician assistant may not:

(1)   perform a medical act, task, or function which has not been listed and approved on the scope of practice guidelines currently on file with the board;

(2)   prescribe drugs, medications, or devices not specifically authorized by the supervising physician and documented in the written scope of practice guidelines;

(3)   prescribe, under any circumstances, controlled substances in Schedules Schedule II through IV;

(4)   perform a medical act, task, or function that is outside the usual practice of the supervising physician."
SECTION   9.   Section 40-47-980 of the 1976 Code, as added by Act 359 of 2000, is amended to read:

"Section 40-47-980.   In the treatment of patients in chronic care and long-term care facilities including, but not limited to, nursing homes or chronic dialysis units, the supervising physician must conduct the initial patient visit. Thereafter, the physician supervisor or alternate physician supervisor must see the patient every six months for routine evaluation."
SECTION   10.   Section 40-47-1000(D) of the 1976 Code, as added by Act 359 of 2000, is amended to read:

"(D)   Every communication, whether oral or written, made by or on behalf of any person or firm to the board or any person designated by the board to investigate or otherwise hear matters relating to the revocation, suspension, or other restriction on a license or other discipline of a license holder, whether by way of complaint or

"Section 40-47-1010.   A physician assistant's license must be renewed on or before the first of January of each licensure period. Upon payment of the nonrefundable renewal fee provided for in Section 40-47-1015 and submission of documentation that the physician assistant certificate with the National Commission on Certification of Physician Assistants, Inc., or its successor, is active and current, the board shall renew the physician assistant's license. A license issued pursuant to this chapter may be renewed biennially or as otherwise provided by the board and department. A person who has not demonstrated continuing education, as required by this article, is not eligible for issuance or renewal of an authorization to practice."
SECTION   12.   Section 40-47-1015 of the 1976 Code, as added by Act 359 of 2000, is amended to read:

"Section 40-47-1015.   (A)   Fees for physician assistant licensure are established as follows:

(1)   initial licensing fee, not to exceed five hundred dollars;

(2)   renewal of license fee, not to exceed one hundred and fifty dollars;

(3)   late renewal fee, not to exceed the renewal fee doubled;

(4)   reactivation application fee, not to exceed two hundred dollars;

(5)   change in supervisor fee, not to exceed one hundred and fifty dollars;

(6)   additional primary supervisor for dual employment fee, not to exceed one hundred and fifty dollars.

(B)   Fees may be adjusted biennially pursuant to Section 40-1-50 to ensure that they are sufficient but not excessive to cover expenses including the total of the direct and indirect costs to the State for the operations of the board committee."

Rep. PARKS 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. 4348 (Word version) -- Reps. Walker, Hinson, McLeod, Limehouse, Bailey and Cobb-Hunter: A BILL TO AMEND CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE DISPOSITION OF HUMAN BODIES, THE UNIFORM ANATOMICAL GIFT ACT, AND POSTMORTEM EXAMINATIONS, SO AS TO PROVIDE THAT AN EMBLEM MUST BE EMBEDDED ON A DRIVER'S LICENSE TO DESIGNATE THE LICENSEE AS AN ORGAN OR TISSUE DONOR; TO DELETE PROVISIONS SPECIFICALLY ADDRESSING EYE DONATION, WHICH IS INCLUDED IN PROVISIONS RELATING TO TISSUE DONATION AND PROCUREMENT; TO FURTHER SPECIFY THE CLASSES HAVING AUTHORITY TO CONSENT TO ORGAN AND TISSUE DONATION FOR A DECEDENT; TO CONFORM REFERENCES TO CURRENT FEDERAL LAW REGARDING ORGAN PROCUREMENT AGENCIES; TO PROVIDE THAT WHEN DEATH IS IMMINENT, OR HAS OCCURRED, NOTIFICATION OF THE ORGAN PROCUREMENT ORGANIZATION MUST BE MADE IN ACCORDANCE WITH FEDERAL AND STATE LAW; TO DELETE PROVISIONS REGARDING CERTAIN AGENCIES HAVING AUTHORITY TO RECEIVE CERTAIN ORGAN AND TISSUE DONATIONS; TO REVISE PROCEDURES FOR DEATH RECORD REVIEWERS; AND TO MAKE TECHNICAL CORRECTIONS.

Section 44-43-510.   The professors faculty members of the departments of anatomy, the professors of and surgery, and the demonstrators of anatomy of the Medical University of South Carolina and the University of South Carolina, School of Medicine, or any other colleges or schools of this State authorized by law to teach medical science and issue diplomas shall, constitute a board for the distribution and delivery of dead human bodies as and for the purpose provided in this article.

Section 44-43-520.   The board may make adopt rules and promulgate regulations for its government and the proper discharge of its functions. It The board shall keep a record of its proceedings and particularly of all bodies received and distributed. Such record shall These records must be open at all times to the inspection of each member of the board and the Attorney General and the solicitor of each circuit in the State.

Section 44-43-530.   Each officer, agent, and servant of every city in the State and of every almshouse, prison, morgue, hospital, jail, or other public institution in such cities having charge or control of any dead human body which that is required to be buried at the public expense and every officer or other person having charge or control of the body of any person upon whom the sentence of death for crime has been executed under the law shall notify the board, or such the person or persons as may, from time to time, be designated by the board or their duly the board's authorized officer or agent, whenever and as soon as any such a body comes to his the person's possession, charge, or control, and shall, without fee or reward, deliver such the body and permit the board and its agents, and such physicians and surgeons as may, from time to time, be designated by the board and have given the bond hereafter required, to take and remove any such the body to be used for the advancement of medical science.

Section 44-43-540.   No such Notice need is not required to be given nor shall any such and a body must not be delivered if any a person claiming to be, and satisfying the authorities in charge of such the body that he is, of kin or related by marriage to the deceased shall

Section 44-43-550.   The bodies received shall must be distributed by the board to and among medical colleges and schools of the State and such physicians and surgeons as the board may designate. The colleges and schools shall first must be supplied with bodies needed for lectures and demonstration. The remaining bodies shall must be distributed equitably among the physicians and surgeons aforesaid; provided, that; however, in such equitable distribution of the bodies, the physicians and surgeons as aforesaid of the city where the death of the person took place shall have prior right to receive the body. The board, instead of by themselves or through their agents receiving and delivering such bodies, may, from time to time, either directly or by their officers or agents, designate physicians and surgeons to receive them the bodies and the number each shall receive. For the purpose of the distribution contemplated by this section, the a body shall must be held, subject to the order of the board or their its authorized agent, in the city where death occurs not less than twenty-four hours.

Section 44-43-560.   The board may employ a carrier or carriers for conveyance of the bodies, which shall must be well enclosed in a suitable case and carefully deposited, free from public observation. Every such carrier shall obtain a receipt by name or, if the person be unknown, by a description for each body delivered by him the carrier and deposit such the receipt with the secretary of the board or its authorized agent. After the bodies shall have been sufficiently used for the purposes of instruction, they shall the bodies must be decently interred and respectfully disposed of by the university, college, physicians, or surgeons, as the case may be, receiving them.

Section 44-43-570.   Neither The colleges, schools, physicians or surgeons shall be allowed to receive any such body until a bond shall have been given to the State by such physician or surgeon or by or in behalf of the college or school, to be approved by the judge of the circuit court, county clerk or circuit solicitor and filed in the office of the clerk of such court, in the penalty of one thousand dollars, with condition that all such bodies which the physician or surgeon or the college or school, as the case may be, shall receive thereafter shall be used only for the promotion of medical science within this State.

Section 44-43-580.   If any (A)   It is unlawful for a person to sell or buy any a dead human body or in any way to traffic in the same or transmit or convey or procure in order to be transmitted or conveyed

(B)   A person who violates subsection (A), is guilty of a misdemeanor and, upon conviction, must be fined not exceeding more than two hundred dollars or, in the discretion of the court, be confined in jail imprisoned not exceeding more than one year; provided, that however, the board may, in its discretion, on the application of any person, empower such that person to import into this State and traffic in such anatomical material and pathological specimens as the board may designate.

Section 44-43-590.   If any a person shall fail or refuse fails or refuses to perform any duty imposed upon him by this article he shall the person must, for every such failure or refusal, be fined not less than one hundred nor or more than five hundred dollars. /
Renumber sections to conform.
Amend title to conform.

Rep. BRANHAM 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:

S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.

Rep. E. H. PITTS 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. 4671 (Word version) -- Reps. G. M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO

Rep. HARRISON 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 Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 4672 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PREVENTION AND CONTROL OF LEAD POISONING IN CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 3004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BRANHAM explained the Joint Resolution.

S. 1097 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.

Rep. HARRISON explained the Joint Resolution.

On motion of Rep. KENNEDY, with unanimous consent, the following Bill was ordered recalled from the Williamsburg Delegation:

S. 1098 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO ADD THE PERGAMOS VOTING PRECINCT IN WILLIAMSBURG COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THE AFFECTED PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

On motion of Rep. COOPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Anderson Delegation:

S. 1101 (Word version) -- Senator Bryant: A BILL TO PROVIDE THAT, IN ANDERSON COUNTY, ANY REFERENDUM HELD BY A LOCAL TAXING AUTHORITY TO SEEK APPROVAL FOR AN INCREASE IN MILLAGE RATES, TO ISSUE BONDS, OR FOR ANY OTHER REVENUE RAISING MEASURE MUST BE HELD IN EVEN NUMBERED YEARS AT THE TIME OF THE GENERAL ELECTION.

The Senate amendments to the following Bill were taken up for consideration:

S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT

Rep. COOPER explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following Concurrent Resolution was taken up:

H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.

Whereas, the State High School Football Championships have always been played at the football stadium on the campus of the University of South Carolina, which is currently Williams-Brice Stadium; and

Whereas, by playing the State High School Championships at this venue gives USC a tremendous advantage to recruiting high school athletes to play college football at the University; and

Whereas, the High School League currently conducts state championships in other sports besides football at other locations around the State; and

Whereas, the State High School Football Championships are statewide contests for all of the citizens of South Carolina to view. Now, therefore,

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

That the members of the General Assembly request the South Carolina High School League to schedule the annual State High School Football Championships at a facility on the campus of other colleges or universities which meet the same seating capacity and other criteria as the Williams-Brice Stadium at the University of South Carolina in order to expose the participants in the event to other colleges and universities in which they may be interested in attending.

Be it further resolved that a copy of this resolution be forwarded to Executive Director Jerome P. Singleton and each member of the Board of Directors of the South Carolina High School League.

Rep. PERRY proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6734CM06), which was tabled:
Amend the concurrent resolution, as and if amended, by inserting after / South Carolina / on page 2, line 10 / , or The Citadel, Furman University, Coastal Carolina University, Wofford College, Newberry College, Presbyterian College, and Benedict College /
Renumber sections to conform.
Amend title to conform.

Rep. PERRY explained the amendment.

Rep. HAYES spoke against the amendment.

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

The Concurrent Resolution was adopted and sent to the Senate.

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

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

The following was introduced:

H. 4688 (Word version) -- Reps. Barfield, Clemmons and Harrell: A HOUSE RESOLUTION TO COMMEND TAIWAN ON ITS CONTRIBUTIONS TO THE GLOBAL ECONOMY AND THE PROMOTION OF WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND TO SUPPORT A FREE TRADE AGREEMENT WITH THE UNITED STATES AND ITS EFFORTS TO JOIN THE UNITED NATIONS, WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4689 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR W. ANDREW "ANDY" ARNOLD OF GREENVILLE COUNTY FOR HIS REMARKABLE ACCOMPLISHMENTS IN ACADEMIA AND THE LEGAL REALM AND TO COMMEND HIM FOR HIS BENEVOLENT CONTRIBUTIONS TO THE COMMUNITY AND STATE OF SOUTH CAROLINA.

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

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

H. 4690 (Word version) -- Reps. Frye, Clark and Stewart: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BATESBURG-LEESVILLE HIGH SCHOOL VARSITY FOOTBALL TEAM, HEAD COACH COURTNEY MCINNIS, AND OTHER SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR 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 Batesburg-Leesville High School Varsity Football Team, Head Coach Courtney McInnis, and other school officials, at a date and time to be determined by the Speaker, for the purpose of congratulating and honoring the team on their Class AA State Championship.

The Resolution was adopted.

The following was taken up for immediate consideration:

S. 1158 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE TENTH ANNIVERSARY OF THE SOUTH CAROLINA BOOK FESTIVAL ON FEBRUARY 24 THROUGH 26, 2006, AT THE METROPOLITAN CONVENTION CENTER IN COLUMBIA, SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO PARTICIPATE IN THIS EXCEPTIONAL EVENT, AND TO WISH THE HUMANITIES COUNCIL SC SUCCESS IN CONTINUING TO PRESENT THE SOUTH CAROLINA BOOK FESTIVAL FOR MANY MORE YEARS.

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

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

H. 4691 (Word version) -- Reps. Chellis, Young, Cotty, Bailey, Ceips, Ott, Sandifer and Whitmire: A BILL TO AMEND SECTIONS 6-1-530 AND 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALLOW A COUNTY IN WHICH LESS THAN NINE HUNDRED THOUSAND DOLLARS A YEAR IN STATE ACCOMMODATIONS TAX IS COLLECTED TO USE NOT MORE THAN FIFTY PERCENT OF THE PREVIOUS YEAR'S LOCAL ACCOMMODATIONS TAX REVENUES FOR THE OPERATIONS AND MAINTENANCE PURPOSES ALLOWED BY LAW IN COUNTIES MEETING THE NINE HUNDRED THOUSAND DOLLAR THRESHOLD.
Referred to Committee on Ways and Means

H. 4692 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 44-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RULINGS AND ORDERS, SO AS TO PROVIDE THAT VIOLATIONS OF RULINGS AND ORDERS, AMONG OTHER THINGS, ISSUED PURSUANT TO THE DEPARTMENT'S GENERAL AUTHORITY PROVIDED FOR IN SECTION 44-1-140 ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS A DAY FOR EACH VIOLATION AND THAT THE DEPARTMENT SHALL SUBMIT THESE FINES TO THE STATE GENERAL FUND.
Referred to Committee on Judiciary

H. 4693 (Word version) -- Reps. Littlejohn, Altman, Bales, Bingham, Edge, Hamilton, Haskins, Lucas, Martin, Neilson and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER EIGHTEEN YEARS OF AGE TO OPERATE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR ANOTHER WIRELESS

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson, Ford and Knotts: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.
Referred to Committee on Judiciary

S. 1045 (Word version) -- Senators Ritchie, Bryant, Campsen and Knotts: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO REDUCE THE MARRIAGE LICENSE FEE FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.
Referred to Committee on Judiciary

Rep. E. H. PITTS moved that the House do now adjourn, which was agreed to.

The Senate returned to the House with concurrence the following:

H. 4480 (Word version) -- Reps. Brady, Cotty, Bales, Ballentine, J. Brown, Harrison, Howard, J. H. Neal, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND CLEMSON ROAD IN RICHLAND COUNTY THE "JOHN DAVID MONROE, SR. INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN DAVID MONROE, SR. INTERCHANGE".

H. 4669 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham,

H. 4670 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, 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, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Viers, Walker, Weeks, Whipper, White,

At 1:05 p.m. the House, in accordance with the motion of Rep. CHALK, adjourned in memory of Chandler Egnor of Hilton Head Island, to meet at 10:00 a.m. tomorrow.

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