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 Isaiah 55:3: "Incline your ear and come to me; listen so that you may live."
Let us pray. Lord, keep us awake to the reason we are here. Keep us alert to service to the people of this State. Lead these women and men to accomplish what You desire for the common good of all; trusting in You for guidance and direction. Bless our Nation, President, State and her leaders. Keep our defenders of freedom safe in Your care. Hear our prayer, O God. Amen.

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

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

Rep. DAVENPORT moved that when the House adjourns, it adjourn in memory of Leon Vince Kimbrell, which was agreed to.

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

January 12, 2006
The Honorable Robert W. Leach, Sr.
Chairman, Invitations and Memorial Resolutions Committee
1105 Pendleton Street
Columbia, SC 29201

Dear Chairman Leach:
The Members and staff of the South Carolina House of Representatives are cordially invited to attend the ceremonies attending the Unveiling

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

Document No. 3011
Agency: Clemson University, Livestock Poultry Health Commission
Statutory Authority: 1976 Code, Chapter 4, Title 47
Intrastate Movement of Certain Animals
Received by Speaker of the House of Representatives
January 17, 2006
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 17, 2006

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

H. 4432 (Word version) -- Reps. Witherspoon, Frye, Hosey, Anderson, J. R. Smith, Duncan, Mitchell, Bales, G. Brown, Davenport, Hagood, Hardwick, Hayes, Leach, Littlejohn, Loftis, Moody-Lawrence, E. H. Pitts, M. A. Pitts, D. C. Smith, Vaughn and White: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE PERMANENTLY AND TOTALLY DISABLED OR LEGALLY BLIND, SO AS TO PROVIDE THAT LEGAL RESIDENTS OF ANOTHER STATE AFTER A PERIOD OF FIVE YEARS OF CONTINUOUS AND RECURRING PRESENCE IN SOUTH CAROLINA FOR EACH OF THOSE FIVE YEARS MAY DESIGNATE A RESIDENCE THEY OWN IN THIS STATE WHICH SHALL RECEIVE THE HOMESTEAD EXEMPTION PROPERTY TAX BENEFITS PROVIDED BY THIS SECTION IF THEY WOULD OTHERWISE BE QUALIFIED FOR THE HOMESTEAD

H. 4433 (Word version) -- Reps. Skelton and Harrell: A JOINT RESOLUTION TO WAIVE THE PAYMENT OF EMPLOYEE CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AS APPLICABLE, FOR STATE GOVERNMENT TERI PROGRAM PARTICIPANTS AND RETIREES OF THOSE TWO SYSTEMS WHO WERE IN COVERED EMPLOYMENT WITH THE STATE DURING THE BASE PERIOD, TO DEFINE "BASE PERIOD" AND "EMPLOYEE", AND TO REQUIRE THE EMPLOYER OF THE EMPLOYEES ELIGIBLE FOR THIS WAIVER TO MAKE THE EMPLOYEE CONTRIBUTIONS ON BEHALF OF THE EMPLOYEE.
Referred to Committee on Ways and Means

H. 4434 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR A CREDIT AGAINST THE INCOME TAX LIABILITY OF A TAXPAYER FOR ONE HUNDRED PERCENT OF THE COSTS OF TRAINING AN EMPLOYEE.
Referred to Committee on Ways and Means

H. 4438 (Word version) -- Reps. Rutherford and J. H. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-45 SO AS TO REQUIRE THAT A PERSON MUST BE RELEASED FROM CUSTODY NO LATER THAN ONE HOUR AFTER POSTING BOND WITH THE CLERK OF COURT OR OTHER APPROPRIATE OFFICIAL.
Referred to Committee on Judiciary

S. 586 (Word version) -- Senators Short and Richardson: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS

S. 965 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO RETURN ALL SET-ASIDES COLLECTED FROM BLIND VENDORS PURSUANT TO SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT.
On motion of Rep. TALLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1023 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 214 OF 2005, AS AMENDED, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SCHOOL BOARD OF TRUSTEES OF YORK SCHOOL DISTRICT 1 OF YORK COUNTY ARE ELECTED, SO AS TO CHANGE THE DATES ON WHICH THE ELECTION IS CONDUCTED.
Referred to York Delegation

The following was introduced:

H. 4435 (Word version) -- Rep. Leach: A HOUSE RESOLUTION TO WELCOME THE HONORABLE THOMAS L. BOCK, NATIONAL COMMANDER OF THE AMERICAN LEGION, ON THE OCCASION OF HIS VISIT TO THE PALMETTO STATE, AND TO EXTEND TO HIM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MARCH 7, 2006, AT 12:30 P.M., FOR THE PURPOSE OF ADDRESSING A JOINT SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4436 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF ALBERT TONEY OF SUMTER COUNTY, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 4437 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS L. BOCK, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, MARCH 7, 2006.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 1037 (Word version) -- Senators McConnell, Peeler, Alexander, Land and Setzler: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 18, 2006, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 1042 (Word version) -- Senators Hutto, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Jackson, Knotts, Land, Leatherman,

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               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Frye                   Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  J. Hines               M. Hines
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parks                  Perry                  Phillips

Pinson                 E. H. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Walker
White                  Whitmire               Witherspoon
Young

I came in after the roll call and was present for the Session on Tuesday, January 17.

Vida Miller                       William G. Herbkersman
Joe Brown                         Alan D. Clemmons
Wallace Scarborough               Eldridge Emory
Thad Viers                        Denny Neilson
Michael Thompson                  Tracy Edge
Michael A. Pitts                  Karl Allen
Creighton Coleman                 William Clyburn
Jerry Govan                       David Weeks
Kenneth Kennedy                   Chip Huggins
Fletcher Smith

Announcement was made that Dr. Capers Hiott of Wedgefield is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or

Bill Number:   H. 4271 (Word version)
Date:   ADD:
01/17/06   CLARK

Bill Number:   H. 4320 (Word version)
Date:   ADD:
01/17/06   COATES

Bill Number:   H. 4320 (Word version)
Date:   ADD:
01/17/06   NORMAN

Bill Number:   H. 4320 (Word version)
Date:   ADD:
01/17/06   SIMRILL

Bill Number:   H. 4320 (Word version)
Date:   ADD:
01/17/06   KIRSH

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/17/06   SINCLAIR

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/17/06   BANNISTER

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/17/06   FRYE

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/17/06   E. H. PITTS

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/17/06   CLARK

Bill Number:   H. 4406 (Word version)
Date:   ADD:
01/17/06   HINSON

Bill Number:   H. 4406 (Word version)
Date:   ADD:
01/17/06   YOUNG

Bill Number:   H. 4422 (Word version)
Date:   ADD:
01/17/06   HODGES

Bill Number:   H. 4422 (Word version)
Date:   ADD:
01/17/06   OTT

Bill Number:   H. 4428 (Word version)
Date:   ADD:
01/17/06   BRANHAM

Bill Number:   H. 4428 (Word version)
Date:   ADD:
01/17/06   J. BROWN

Bill Number:   H. 4429 (Word version)
Date:   ADD:
01/17/06   MCLEOD

Bill Number:   H. 4353 (Word version)
Date:   ADD:
01/17/06   J. E. SMITH

Bill Number:   H. 4353 (Word version)
Date:   ADD:
01/17/06   BALLENTINE

Bill Number:   H. 4353 (Word version)
Date:   ADD:
01/17/06   FUNDERBURK

Bill Number:   H. 4336 (Word version)
Date:   ADD:
01/17/06   HALEY

Bill Number:   H. 4358 (Word version)
Date:   ADD:
01/17/06   HALEY

Bill Number:   H. 4360 (Word version)
Date:   ADD:
01/17/06   HALEY

Bill Number:   H. 4297 (Word version)
Date:   ADD:
01/17/06   HALEY

Bill Number:   H. 4298 (Word version)
Date:   ADD:
01/17/06   HALEY

Bill Number:   H. 4302 (Word version)
Date:   ADD:
01/17/06   HALEY

Bill Number:   H. 4316 (Word version)
Date:   ADD:
01/17/06   HALEY

Bill Number:   H. 4319 (Word version)
Date:   ADD:
01/17/06   HALEY

Bill Number:   H. 4429 (Word version)
Date:   ADD:
01/17/06   JENNINGS

Bill Number:   H. 4429 (Word version)
Date:   ADD:
01/17/06   TRIPP

Bill Number:   H. 4429 (Word version)
Date:   ADD:
01/17/06   HASKINS

Bill Number:   H. 4422 (Word version)
Date:   ADD:
01/17/06   JEFFERSON

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/17/06   BAILEY

Bill Number:   H. 4422 (Word version)
Date:   ADD:
01/17/06   CLYBURN

Bill Number:   H. 3702 (Word version)
Date:   ADD:
01/17/06   LEACH

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/17/06   JENNINGS

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/17/06   BALES

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/17/06   NEILSON

Bill Number:   H. 4018 (Word version)
Date:   ADD:
01/17/06   FUNDERBURK

Bill Number:   H. 4428 (Word version)
Date:   ADD:
01/17/06   CLARK

Bill Number:   H. 4427 (Word version)
Date:   REMOVE:
01/17/06   TOOLE

Bill Number:   H. 3591 (Word version)
Date:   REMOVE:
01/17/06   M. A. PITTS

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, February 28, which was adopted:

H. 4415 (Word version) -- Rep. Davenport: A BILL TO PROVIDE THAT SPARTANBURG COUNTY SCHOOL DISTRICT TWO IS DIRECTED TO TRANSFER A NINE ACRE TRACT OF LAND IN SPARTANBURG COUNTY TO THE BOILING SPRINGS FIRE DISTRICT AND TO PROVIDE THE TERMS AND CONDITIONS OF THE TRANSFER.

The following Bill was taken up:

H. 4416 (Word version) -- Reps. Merrill, Scarborough, Altman, Hagood, Harrell, Limehouse and Young: A BILL TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT HIRE A CONTRACT LOBBYIST USING PUBLIC OR TAXPAYER FUNDS.

The Bill was read second time and ordered to third reading.

The following Bill was taken up:

H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 9 TO CHAPTER 49, TITLE 33 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 19 TO CHAPTER 27, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; AND BY ADDING ARTICLE 5 TO CHAPTER 31, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER

Rep. SANDIFER explained the Bill.

Reps. G. M. SMITH, COATES, DUNCAN, LUCAS, J. E. SMITH, J. BROWN, JENNINGS, OTT, SCOTT, J. H. NEAL, VICK, MCLEOD, CATO, SANDIFER, MOODY-LAWRENCE, STEWART, JEFFERSON and HOSEY requested debate on the Bill.

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 4419 (Word version) -- Reps. Townsend, Cooper, White, Thompson, Agnew and Martin: A BILL TO AMEND SECTION 12-45-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TAX RECEIPTS BY A COUNTY TREASURER UPON FULL PAYMENT OF THE TAXES AND CHARGES DUE, SO AS TO PROVIDE THAT A COUNTY TREASURER MAY ACCEPT A LESSER AMOUNT THAN THE ORIGINAL TAX BILL TOGETHER WITH ANY APPLICABLE PENALTIES, COSTS, AND CHARGES WHENEVER A BANKRUPTCY PROCEEDING AUTHORIZES A LESSER AMOUNT TO BE PAID, AND TO PROVIDE THAT THE AUDITOR MAY PREPARE A TAX BILL TO AUTHORIZE NEGOTIATED TAXES AS A RESULT OF A BANKRUPTCY.

Rep. TOWNSEND explained the Bill.

The following Bill was taken up:

H. 4422 (Word version) -- Reps. Jennings, Witherspoon, Battle, Hayes, Branham, Clemmons, J. Hines, M. Hines, Lucas, Miller, Neilson, Viers, Coates, McGee, Anderson, Vick, McLeod, Kennedy, Hodges, Ott, Jefferson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-618 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY IMPOSE AND COLLECT A TOLL ALONG THE PROPOSED INTERSTATE 73 UPON COMPLETION

Reps. TOWNSEND, WITHERSPOON and JENNINGS proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\ 6650CM06), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, by adding after the period on line 35.
/ This toll must not be imposed upon a state-owned or district-owned school bus. /
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. RHOAD, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 4365 (Word version) -- Rep. Rhoad: A BILL TO AMEND SECTION 7-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DELETE ARCHAIC LANGUAGE, TO DELETE A SPECIFIC REFERENCE TO A VOTING PLACE, AND TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BAMBERG COUNTY REGISTRATION AND ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BAMBERG COUNTY LEGISLATIVE DELEGATION.

On motion of Rep. TOWNSEND, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

H. 4251 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENSURE PARTICIPATION OF CERTAIN GROUPS IN THE DEVELOPMENT OF A VOLUNTARY CHILDCARE ACCREDITATION RATING SYSTEM AND TO PROHIBIT THE DEPARTMENT OF SOCIAL SERVICES FROM IMPLEMENTING THE "SOUTH CAROLINA TASK FORCE ON QUALITY EARLY CARE AND EDUCATION" RATING SYSTEM UNTIL THE SYSTEM IS APPROVED IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT.

The following Concurrent Resolution was taken up:

H. 4271 (Word version) -- Reps. Scott, Ballentine, J. H. Neal, Howard and Clark: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 20 IN LEXINGTON COUNTY FROM MILE MARKER 59 TO MILE MARKER 60 THE "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY".

Whereas, Deputy Sheriff Byron "Keith" Cannon was born in Raleigh, North Carolina on November 15, 1978, the son of Vallie Cannon and Annie (Teenie) Cockfield Cannon; and

Whereas, he was a 1996 graduate of South Florence High School, earned an Associate Degree in Criminal Justice from Florence-Darlington Technical College in 1998, and a Bachelors

Whereas, Deputy Sheriff Cannon was employed with the Department of Probation, Parole and Pardon Services before becoming a Deputy Sheriff for Richland County in October 2003; and

Whereas, due to his charismatic nature, sincerity towards others, and his professionalism, Deputy Sheriff Cannon was promoted by the Richland County Sheriff's Department to work on the Community Action Team in northern Richland County; and

Whereas, he was know in the communities that he patrolled as a man of action and one who listened to the needs of his neighbors; and

Whereas, the members of the General Assembly were saddened to learn of his tragic death that occurred during the pursuit of a vehicle along Interstate Highway 20 on May 4, 2005; and

Whereas, it is fitting and proper for the members of the General Assembly to request the Department of Transportation to name a portion of Interstate Highway 20 in his honor. Now, therefore,

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

That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of Interstate Highway 20 in Lexington County from mile marker 59 to mile marker 60 the "Deputy Sheriff Byron 'Keith' Cannon Memorial Highway" and erect appropriate markers or signs along this portion of highway that contain the words "Deputy Sheriff Byron 'Keith' Cannon Memorial Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Deputy Sheriff Byron 'Keith' Cannon.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4376 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE SALUDA RIVER ALONG SOUTH CAROLINA HIGHWAY 20 IN ANDERSON AND GREENVILLE COUNTIES THE "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE".

Whereas, the Honorable Harold L. Drennon, Jr. was born on September 12, 1931 and died on December 28, 1995; and

Whereas, he and his wife Sara were married for forty-four years, and together raised three children; and

Whereas, Mr. Drennon was a member of Tabernacle Baptist Church in the Town of Pelzer where he served as a Deacon and Sunday School Teacher; and

Whereas, he served his country with honor as a Second Lieutenant during the Korean War and was honorably discharged as a Captain with the United States Army upon completion of his military career; and

Whereas, he was a member of the Pelzer Town Council; and

Whereas, his desire to improve the lives of his community's young people led him to serve as a teacher at Wren High School for thirty-two years, and serve as a principal at Concrete, Wren, and White Plains schools for ten years; and

Whereas, he was Wren High School's first football and basketball coach and was the announcer for their athletic events for about twenty-five years; and

Whereas, it is fitting and proper for the members of the General Assembly to name the bridge that crosses the Saluda River along South

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

That the members of the General Assembly request that the Department of Transportation name the bridge that crosses the Saluda River along South Carolina Highway 20 in Anderson and Greenville Counties the "Harold L. Drennon, Jr. Memorial Bridge", and erect appropriate markers or signs at this bridge that contain the words "Harold L. Drennon, Jr. Memorial Bridge".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4408 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND REIDVILLE ROAD IN SPARTANBURG COUNTY THE "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" IN HONOR OF A BRAVE AMERICAN SOLDIER WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.

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

That the Department of Transportation name the bridge located at the intersection of Interstate Highway 26 and Reidville Road in Spartanburg County the "PFC Michael Scott Adams Memorial Bridge" and to erect appropriate signs or markers at this bridge that contain the words "PFC Michael Scott Adams Memorial Bridge" in honor of a

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

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

The following Bill was taken up:

H. 3702 (Word version) -- Reps. J. R. Smith, Loftis, Hinson, G. R. Smith, Haskins, Barfield, Vaughn, Clark, Frye, Davenport, Viers, Haley, Altman, Bailey, Cato, Ceips, Chellis, Clemmons, Dantzler, Edge, Hagood, Hamilton, Harrell, Herbkersman, Huggins, Limehouse, Littlejohn, McGee, Merrill, Perry, E. H. Pitts, Rice, Sandifer, Scarborough, D. C. Smith, W. D. Smith, Talley, Tripp, Young, Owens and Leach: A BILL TO AMEND SECTION 59-67-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS FOR SCHOOL TRANSPORTATION SERVICES, SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH PRIVATE INDIVIDUALS OR CONTRACTORS FOR ITS TRANSPORTATION SERVICES AND TO PROVIDE THE FORMULA BY WHICH THE STATE BUDGET AND CONTROL BOARD SHALL CALCULATE STATE AID.

Rep. J. R. SMITH spoke in favor of the Bill.

Rep. LEACH moved that the House recede until 2:30 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill.

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.

The question of a quorum was raised.
A quorum was later present.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

H. 3702 (Word version) -- Reps. J. R. Smith, Loftis, Hinson, G. R. Smith, Haskins, Barfield, Vaughn, Clark, Frye, Davenport, Viers, Haley, Altman, Bailey, Cato, Ceips, Chellis, Clemmons, Dantzler, Edge, Hagood, Hamilton, Harrell, Herbkersman, Huggins, Limehouse, Littlejohn, McGee, Merrill, Perry, E. H. Pitts, Rice, Sandifer, Scarborough, D. C. Smith, W. D. Smith, Talley, Tripp, Young, Owens and Leach: A BILL TO AMEND SECTION 59-67-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS FOR SCHOOL TRANSPORTATION SERVICES, SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH PRIVATE INDIVIDUALS OR CONTRACTORS FOR ITS TRANSPORTATION SERVICES AND TO PROVIDE THE FORMULA BY WHICH THE STATE BUDGET AND CONTROL BOARD SHALL CALCULATE STATE AID.

Rep. OTT spoke against the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Altman                 Bailey                 Ballentine
Bannister              Barfield               Battle
Bingham                Brady                  Cato
Ceips                  Chalk                  Chellis
Clark                  Coates                 Cooper
Dantzler               Duncan                 Edge
Frye                   Hagood                 Haley
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Hiott                  Leach                  Limehouse
Littlejohn             Loftis                 McGee

Merrill                Norman                 Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vaughn
White                  Whitmire               Witherspoon
Young

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Cotty                  Delleney               Emory
Funderburk             Hayes                  J. Hines
Hodges                 Hosey                  Jefferson
Jennings               Kennedy                Kirsh
Lucas                  Mack                   Martin
McCraw                 McLeod                 Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rhoad                  Rivers
Scott                  F. N. Smith            G. M. Smith
J. E. Smith            Townsend               Vick
Walker                 Weeks

So, the Bill was read the second time and ordered to third reading.

The SPEAKER granted Rep. TOOLE a leave of absence for the remainder of the day due to a doctor's appointment.

The following Bill was taken up:

H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.

Rep. WHITE proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11869AC05), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill in its entirety and inserting:
/SECTION   1.   Article 3, Chapter 53, Title 44 of the 1976 Code, is amended by adding:

"Section 44-53-398.   (A)   Products whose sole active ingredient is ephedrine or pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent.

(B)   No person may deliver in any single over the counter sale more than three packages of any product containing ephedrine or pseudoephedrine as the sole active ingredient or in combination with

(C)   It is unlawful for a retail distributor to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor registered by the United States Drug Enforcement Administration.

(D)   Except as authorized by this section, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute, any substance containing any amount of ephedrine, pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, dissolved, solvated, or crushed. This subsection does not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose as directed by a person licensed under Title 40 and authorized to prescribe legend drugs.

(E)   This section does not apply to:

(1)   pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under twelve years of age according to label instructions; and

(2)   products that the Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors.

(F)   This section preempts all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006, this section preempts all local ordinances.

(G)(1)   Except as otherwise provided in this section, it is unlawful for a person knowingly to violate any prohibition contained in subsection (A), (B), (C), or (D).

(2)   A person convicted of a violation of subsection (A) or (B) is guilty of a misdemeanor and, upon conviction for a first offense must be fined not more than five hundred dollars, and, upon conviction for a second or subsequent offense must be imprisoned not more than six months or fined not more than one thousand dollars, or both. If a retail distributor is accused of a violation of subsection (B), proof that the retail distributor has engaged a methamphetamine awareness or

(3)   A person convicted of a violation of subsection (C), upon conviction for a first offense, is guilty of a misdemeanor and must be imprisoned not more than one year or fined not more than one thousand dollars, or both. Upon conviction for a second or subsequent offense, is guilty of a misdemeanor and must be imprisoned not more than three years or fined not more than five thousand dollars, or both.

(4)   A person convicted of a violation of subsection (D) is guilty of a felony and, upon conviction for a first offense must be imprisoned not more than five years and fined not more than five thousand dollars. The court, upon approval from the solicitor, may request as part of the sentence, that the offender enter and successfully complete a drug treatment program. For a second or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not less than ten thousand dollars."/
Renumber sections to conform.
Amend title to conform.

Rep. WHITE explained the amendment.
Rep. BRADY spoke against the amendment.

Rep. BRADY moved to table the amendment.

Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Ballentine             Bingham                Brady
Branham                Breeland               G. Brown
J. Brown               Cato                   Chalk
Chellis                Clark                  Clyburn
Coates                 Cobb-Hunter            Cotty
Delleney               Emory                  Funderburk
Govan                  Hagood                 Harrison
Haskins                Hayes                  J. Hines
Hodges                 Hosey                  Jennings

Kennedy                Leach                  Littlejohn
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Parks                  Pinson                 Rice
Rivers                 Scarborough            Scott
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            Stewart                Vick

Those who voted in the negative are:

Altman                 Bannister              Barfield
Battle                 Ceips                  Cooper
Dantzler               Davenport              Duncan
Edge                   Frye                   Haley
Hamilton               Hardwick               Harrell
Hinson                 Kirsh                  Limehouse
Loftis                 Merrill                Owens
Perry                  E. H. Pitts            M. A. Pitts
Sandifer               Talley                 Taylor
Thompson               Townsend               Umphlett
Vaughn                 Walker                 White
Witherspoon            Young

So, the amendment was tabled.

Rep. G. M. SMITH proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\12014AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 3, Chapter 53, Title 44 of the 1976 Code, is amended by adding:

"Section 44-53-398.   (A)   Products whose sole active ingredient is ephedrine or pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail

(B)   No person may deliver in any single over the counter sale more than three packages of any product containing ephedrine or pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of ephedrine or pseudoephedrine base.

(C)   It is unlawful for a retail distributor to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor registered by the United States Drug Enforcement Administration.

(D)   Persons delivering or selling products containing ephedrine or pseudoephedrine pursuant to subsection (A) shall require the purchaser to produce a government issued photo identification showing the date of birth of the person and require the purchaser to sign a written or electronic log showing the date of the transaction, name of the person, the person's address, and the amount of the compound, mixture, or preparation. A retail distributor that delivers or sells products containing ephedrine or pseudoephedrine pursuant to subsection (A) must transmit this log every sixty days to the State Law Enforcement Division in a manner required by the division.

(E)   Except as authorized by this section, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute, any substance containing any amount of ephedrine, pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, dissolved, solvated, or crushed. This subsection does not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose as directed by a person licensed under Title 40 and authorized to prescribe legend drugs.

(F)   This section does not apply to:

(1)   pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under twelve years of age according to label instructions; and

(2)   products that the Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way

(G)   This section preempts all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006, this section preempts all local ordinances.

(H)(1)   Except as otherwise provided in this section, it is unlawful for a person knowingly to violate any prohibition contained in subsection (A), (B), (C), (D) or (E).

(2)   A person convicted of a violation of subsection (A) or (B) is guilty of a misdemeanor and, upon conviction for a first offense must be fined not more than five hundred dollars, and, upon conviction for a second or subsequent offense must be imprisoned not more than six months or fined not more than one thousand dollars, or both. If a retail distributor is accused of a violation of subsection (B), proof that the retail distributor has engaged a methamphetamine awareness or education program in the store is prima facie evidence that the store has complied with the provisions of this section.

(3)   A person convicted of a violation of subsection (C), upon conviction for a first offense, is guilty of a misdemeanor and must be imprisoned not more than one year or fined not more than one thousand dollars, or both. Upon conviction for a second or subsequent offense, is guilty of a misdemeanor and must be imprisoned not more than three years or fined not more than five thousand dollars, or both.

(4)   A person convicted of a violation of subsection (D) is guilty of a misdemeanor and, upon conviction for a first offense must be fined not more than five hundred dollars. Upon conviction for a second or subsequent offense, a person must be imprisoned not more than six months or fined not more than one thousand dollars, or both. If a retail distributor is accused of a violation of subsection (D), proof that the retail distributor has engaged a methamphetamine awareness or education program in the store is prima facie evidence that the store has complied with the provisions of this section.

(5)   A person convicted of a violation of subsection (E) is guilty of a felony and, upon conviction for a first offense must be imprisoned not more than five years and fined not more than five thousand dollars. The court, upon approval from the solicitor, may request as part of the sentence, that the offender enter and successfully complete a drug treatment program. For a second or subsequent offense, the offender is guilty of a felony and, upon conviction, must be

"Section 20-7-105.   (A)   It is unlawful for a person who is eighteen years of age or older to:

(1)   either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufacture amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor child; or

(2)   knowingly permit a child to be in an environment where a person is selling, offering for sale, or having in such person's possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture, or attempt to manufacture amphetamine or methamphetamine; or

(3)   knowingly permit a child to be in an environment where drug paraphernalia or volatile, toxic, or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture amphetamine or methamphetamine.

(B)   A person who violates subsection (A)(1), (2), or (3), upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, the person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both."
SECTION   3.   Article 3, Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-376.   (A)   It is unlawful for a person to knowingly cause to be disposed any waste from the production of methamphetamine or knowingly assist, solicit, or conspire with another to dispose of methamphetamine waste.

(B)   A person who violates subsection (A) is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, a person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both.

(C)   Exempt from the provisions of this section are the individuals, entities, agencies, law enforcement groups, and those

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. WHITE proposed the following Amendment No. 6 (Doc Name COUNCIL\NBD\12032AC06), which was tabled:
Amend the bill, as and if amended, Section 44-53-398(H)(5) page 3, line 40, after /dollars/ by inserting /and is not eligible to be released on bail or bond prior to trial/.
Renumber sections to conform.
Amend title to conform.

Rep. WHITE explained the amendment.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Ballentine             Bannister              Barfield
Battle                 Bingham                Brady
Branham                Breeland               G. Brown
J. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clyburn                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Emory                  Frye                   Funderburk
Govan                  Hagood                 Haley
Hardwick               Harrell                Harrison
Haskins                Hayes                  J. Hines

Hinson                 Hodges                 Hosey
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
Rhoad                  Rice                   Sandifer
Scarborough            Scott                  Simrill
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Vaughn                 Vick                   Viers
Walker                 Whitmire               Witherspoon

Those who voted in the negative are:

Merrill                M. A. Pitts            Umphlett
White

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

The following Bill was taken up:

H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN

Rep. SANDIFER spoke in favor of the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Brady                  Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark

Clyburn                Cooper                 Cotty
Dantzler               Davenport              Edge
Frye                   Funderburk             Govan
Hamilton               Hardwick               Harrell
Harrison               Hayes                  J. Hines
Hinson                 Hodges                 Hosey
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Mack                   Martin
McCraw                 Merrill                Miller
Mitchell               Moody-Lawrence         J. H. Neal
Neilson                Ott                    Owens
Parks                  Rhoad                  Rice
Sandifer               Scott                  Simrill
Skelton                F. N. Smith            J. R. Smith
Taylor                 Thompson               Townsend
Umphlett               Vaughn                 Vick
Viers                  Walker                 Witherspoon
Young

Those who voted in the negative are:

Coates                 Delleney               Duncan
Haley                  Lucas                  McGee
McLeod                 Norman                 Perry
Pinson                 E. H. Pitts            M. A. Pitts
D. C. Smith            G. M. Smith            Stewart
Talley                 White

So, the Bill was read the second time and ordered to third reading.

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

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

H. 4413 (Word version) -- Reps. Hiott, Rice, Owens and Skelton: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 178 AND SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY THE "WOODROW BEAL 'WOODIE' CHASTAIN BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "WOODROW BEAL 'WOODIE' CHASTAIN BRIDGE" AS A LASTING MEMORIAL TO THIS SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE IN DEFENSE OF HIS COUNTRY DURING THE VIETNAM WAR.
Ordered for consideration tomorrow.

Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:

S. 839 (Word version) -- Senators McConnell, Ford, Campsen and Grooms: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF CHARLESTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
Ordered for consideration tomorrow.

The following was introduced:

H. 4439 (Word version) -- Reps. Mahaffey, Sinclair and Talley: A HOUSE RESOLUTION TO CONGRATULATE THE BYRNES HIGH SCHOOL VARSITY FOOTBALL TEAM ON ITS MOST IMPRESSIVE FOURTH CONSECUTIVE CLASS AAAA DIVISION

The Resolution was adopted.

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

H. 4440 (Word version) -- Reps. Mahaffey, Sinclair and Talley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES, TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE BYRNES HIGH SCHOOL VARSITY FOOTBALL TEAM ON JANUARY 25, 2006, AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON WINNING A FOURTH CONSECUTIVE CLASS AAAA DIVISION II STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the Byrnes High School Varsity Football Team on January 25, 2006, at a time to be determined by the Speaker to congratulate them on winning a fourth consecutive Class AAAA Division II State Championship.

The Resolution was adopted.

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

H. 4441 (Word version) -- Reps. Harrell, Harrison, 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,

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Jean Hoefer Toal, is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 noon on Wednesday, March 1, 2006.

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

The following was introduced:

H. 4442 (Word version) -- Reps. Thompson, Agnew, Cooper, Martin, Townsend and White: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE PASTOR PERRY NOBLE AND THE CONGREGATION OF NEWSPRING COMMUNITY CHURCH OF ANDERSON COUNTY FOR THEIR STRONG PASSION AND LOVE FOR GOD, AND TO

The Resolution was adopted.

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

H. 4443 (Word version) -- Rep. Chalk: A BILL TO AMEND SECTION 12-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF PROPERTY TAX EQUALIZATION AND REASSESSMENT, SO AS TO MORE FULLY DEFINE "AGRICULTURAL REAL PROPERTY", INCLUDING THE REQUIREMENT THAT THE AGRICULTURAL USE OF THE PROPERTY BE A COMMERCIAL USE, AND TO PROVIDE FOR EVIDENCE OF COMMERCIAL USE.
Referred to Committee on Ways and Means

H. 4444 (Word version) -- Rep. Chalk: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO CLASSIFICATIONS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO ADD A CLASSIFICATION, WITH AN ASSESSMENT OF TWO PERCENT OF ITS FAIR MARKET VALUE, FOR A LARGE UNDEVELOPED TRACT OF LAND THAT DOES NOT QUALIFY FOR CLASSIFICATION AS AGRICULTURAL USE PROPERTY.
Referred to Committee on Ways and Means

H. 4445 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 56-5-6450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ASSOCIATED WITH A VIOLATION OF THE PROVISIONS THAT REQUIRE A CHILD TO BE SECURED IN A MOTOR VEHICLE PASSENGER RESTRAINT SYSTEM, SO AS TO DELETE THE PROVISION THAT EXEMPTS A VIOLATOR OF THESE PROVISIONS FROM BEING SUBJECT TO A CUSTODIAL ARREST, INCREASE THE MAXIMUM FINE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS FOR A VIOLATION OF THESE PROVISIONS AND

H. 4446 (Word version) -- Reps. Kennedy, Jennings, Lucas and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAXES OR INSURANCE PREMIUM TAXES TO A TAXPAYER THAT MAKES AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE AND CREATES JOBS IN THE MORATORIUM COUNTY OR TO ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO PROVIDE FOR A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, AND TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS.
Rep. KENNEDY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. E. H. PITTS objected.
Referred to Committee on Ways and Means

H. 4447 (Word version) -- Rep. F. N. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT ON JANUARY 1, 2009.
Referred to Committee on Judiciary

H. 4448 (Word version) -- Reps. Hiott, Rice, Owens and Skelton: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES OF THIS STATE, SO AS TO REVISE THE BOUNDARIES OF GAME

H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E. H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Hayes, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-36-1110, 12-36-1120, AND 12-36-1130 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND AND RESERVE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, AND TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT; TO ADD SECTION 12-37-932 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF REAL

H. 4450 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Haley, Chellis, E. H. Pitts, Townsend, Clark, Altman, Bailey, Bales, Bingham, Bowers, Brady, Branham, Cato, Ceips, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Hayes, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, G. M. Smith, J. E. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire and Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING A NEW SECTION 1A SO AS TO PROVIDE THAT FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX MEANS ITS FAIR MARKET VALUE WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW MAY DEFINE AN OWNERSHIP TRANSFER AND AN IMPROVEMENT TO REAL PROPERTY, AND MAY ESTABLISH A BASE YEAR FOR DETERMINING INITIAL FAIR MARKET VALUE FOR PURPOSES OF THIS NEW SECTION; AND TO AMEND SECTION 3, ARTICLE X, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION FROM PROPERTY TAX EQUAL TO ONE HUNDRED PERCENT OF THE FAIR

S. 947 (Word version) -- Senators Courson, Hayes, Matthews, Setzler, Lourie, Short, Fair, Leventis, Land, Alexander, Ford, Gregory, O'Dell, Malloy, Moore, McConnell, J. V. Smith, Sheheen, McGill, Knotts, Cleary, Richardson, Jackson, Patterson and Hutto: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.
Referred to Committee on Education and Public Works

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

At 3:35 p.m. the House, in accordance with the motion of Rep. DAVENPORT, adjourned in memory of Leon Vince Kimbrell, to meet at 10:00 a.m. tomorrow.

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