Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 38:9: "The psalmist wrote, O Lord, all my longing is known to you; my sighing is not hidden from you."
Let us pray. Dear God, help us to remember that even when we are unable to focus heart and mind in prayer, the Holy Spirit still upholds us and prays for us. Give us wisdom, courage and the ability to keep the big picture before us. Be our guide this day and every day to do the work of the people. Look in favor upon our Nation, President, State, Governor and leaders. Bless and keep our defenders of freedom in Your safe care. Hear our prayer, O Lord. 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. CEIPS moved that when the House adjourns, it adjourn in memory of Corrin Fitts Bowers of Estill, which was agreed to.

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

H. 4726 (Word version) -- Reps. Clark, Dantzler, Emory and Littlejohn: 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 TO OPERATE A MOTOR VEHICLE WHILE USING A HANDHELD CELLULAR TELEPHONE OR ANOTHER HANDOPERATED COMMUNICATIONS DEVICE,

H. 4727 (Word version) -- Rep. Toole: A BILL TO AMEND ACT 157 OF 2005, RELATING TO MISCELLANEOUS TAX AND BUSINESS INCENTIVE MEASURES, SO AS TO ELIMINATE THE SMALL BUSINESS TARGETED JOBS TAX CREDIT FROM THE TAX CREDITS AND EXEMPTIONS SUNSETTED IN THE ACT.
Referred to Committee on Ways and Means

S. 774 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-21-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES' COMMUNITY SUPERVISION PROGRAM, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE LENGTH OF ADDITIONAL TIME A PRISONER MUST SERVE IN A COMMUNITY SUPERVISION PROGRAM AND INCARCERATION WHEN HIS SENTENCE TO COMMUNITY SUPERVISION IS REVOKED, TO PROVIDE THAT THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO SERVE WHEN SENTENCED FOR SUCCESSIVE REVOCATIONS MAY NOT EXCEED AN AMOUNT OF TIME EQUAL TO THE LENGTH OF INCARCERATION IMPOSED LIMITED BY THE AMOUNT OF TIME REMAINING ON THE ORIGINAL "NO PAROLE OFFENSE"; AND TO PROVIDE THAT THE PRISONER MUST NOT SERVE LONGER THAN THE ORIGINAL SENTENCE.
Referred to Committee on Judiciary

The following was introduced:

H. 4728 (Word version) -- Reps. Huggins, 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, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey,

The Resolution was adopted.

The following was introduced:

H. 4729 (Word version) -- Reps. Neilson, J. Hines and Lucas: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE FIREFIGHTER EARLE B. WILSON, JR. OF DARLINGTON COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS CAREER AND COMMUNITY AND TO COMMEND HIM FOR HIS EXCEPTIONAL FIFTY-FIVE YEARS OF SERVICE TO THE DARLINGTON FIRE DEPARTMENT.

The Resolution was adopted.

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

H. 4730 (Word version) -- Reps. Ott, 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,

Whereas, our rights and liberties are rooted in the cherished documents of our nation, the Declaration of Independence and the United States Constitution with its Bill of Rights, both of which set forth the principles on which our great country is based; and

Whereas, during the Constitutional Convention of 1787, James Madison's Virginia Plan became the foundation of the new American Constitution, replacing the Articles of Confederation and establishing our present form of government; and

Whereas, a leading architect of the Constitution, James Madison also introduced the Bill of Rights when he served in the United States House of Representatives from 1789 to 1797; and

Whereas, we as Americans enjoy our freedom and the rule of law through these documents created by our founding fathers; and

Whereas, it is appropriate to proclaim the sixteenth day of March as "Liberty Day" because it is the birth date of founding father James Madison, who went on to serve as the fourth President of the United States; and

Whereas, it is fitting and proper for the members of the South Carolina House of Representatives to pause in their deliberations in recognition of "Liberty Day" and to pay tribute to the remarkable achievements and extraordinary vision of our founding fathers and the rights, privileges, and responsibilities they secured for the people of the United States of America. Now, therefore,

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, celebrate the Declaration of Independence and the United States Constitution with its Bill of Rights enumerating our unalienable rights and liberties and proclaim Thursday, March 16, 2006, as "Liberty Day" in South Carolina.

The Resolution was adopted.

The following was introduced:

H. 4731 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR COACH HEYWARD BOUKNIGHT OF LEXINGTON COUNTY FOR OVER THIRTY YEARS OF COACHING AT BATESBURG-LEESVILLE HIGH SCHOOL AND TO COMMEMORATE HIM FOR ALL OF HIS MANY ACCOMPLISHMENTS THROUGHOUT HIS LEGENDARY CAREER.

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

The following was taken up for immediate consideration:

S. 1183 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO DECLARE MARCH 1, 2006, AS CHILDREN AND FAMILY AWARENESS DAY.

Whereas, families and communities must take great care to nurture our children as they will one day lead and guide South Carolina; and

Whereas, the future of our State rests with our children, and families must make many sacrifices to equip children and provide them with the tools they need to succeed; and

Whereas, some children and families within our State suffer from a lack of resources and means with which to better themselves, and the State must take great care to notice and address the concerns of these children and families; and

Whereas, we must take every effort to safeguard the development of all South Carolina children, providing them with safe, happy, and healthy environments. Now, therefore,

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

That the members of the General Assembly, by this resolution, declare the day of March 1, 2006, as Children and Family Awareness Day.

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

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
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis

Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Walker                 Weeks
White                  Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, February 28.

Thomas Rhoad                      Thad Viers
Bill Cotty                        Leon Howard
Douglas Jennings
Seth Whipper
Karl Allen   Grady Brown
Becky Martin

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

Announcement was made that Dr. William Hueston of Charleston is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 4718 (Word version)
Date:   ADD:
02/28/06   HINSON

Bill Number:   H. 3685 (Word version)
Date:   ADD:
02/28/06   DUNCAN

Bill Number:   H. 4421 (Word version)
Date:   ADD:
02/28/06   MILLER

Bill Number:   H. 4595 (Word version)
Date:   REMOVE:
02/28/06   BOWERS

The following Bill was taken up, read the third time, and ordered sent to the Senate:

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.

Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, March 1, 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, read the third time, and ordered returned to the Senate with amendments:

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. HARRISON moved to adjourn debate upon the following Bill until Wednesday, March 1, which was adopted:

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

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

H. 4391 (Word version) -- Reps. Taylor, Bingham, Cato and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-60 SO AS TO AUTHORIZE AN INSURANCE COMPANY TO ADVERTISE A POLICY IN A FOREIGN LANGUAGE, BUT ONLY OFFER THE POLICY IN ENGLISH.

Rep. BINGHAM explained the Bill.

H. 4410 (Word version) -- Reps. Cotty and Brady: A BILL TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS.

Rep. DELLENEY explained the Bill.

Rep. BINGHAM explained the Bill.

The following Bill was taken up:

H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Agnew, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12177AC06), which was adopted:

"Section 40-59-35.   (A)   The provisions of this section apply to all persons, firms, or corporations who engage in, or attempt to engage in, the business of residential heating and air conditioning contracting, or any combination of these, and who receive compensation for providing these services. The provisions of this section do not apply to homeowners who make minor repairs or minor replacements to an already installed system. For purposes of this section, 'minor repairs or minor replacements' include the replacement of parts in an installed system that do not require any change in energy source, fuel type, or routing or sizing of venting or piping. The provisions of this section do not apply to licensed residential builders or general contractors who are purchasing heating and air conditioning equipment to be installed by licensed heating and air conditioning residential specialty contractors.

(B)   No contract or proposal for sale or installation of residential heating and air conditioning equipment or systems may be presented to a buyer unless:

(1)   the specifications for and design of the system have been first reviewed and approved by an employee of the retail seller who is licensed in accordance with this chapter; or

(2)   the specifications for and design of the system have been first reviewed and approved by the person licensed in accordance with this chapter who must install the system, if the installer is not an employee of the retail seller.

(C)   This section does not prohibit a retail seller or contractor from providing a written estimate to a potential buyer so long as no contract or proposal for contract is presented before the review and approval required by subsection (B).

(D)   The person installing heating and air conditioning equipment and systems must be licensed in accordance with this chapter to perform services in this State.

(E)   The contract for sale and for installation must be signed by an authorized representative of the retail seller and by the licensed contractor or his designee and must contain the contractor's name, license number, and telephone number and the license number of the person approving the system design specifications.

(F)   Installation services must be performed in compliance with all applicable building codes, manufacturer's installation instructions, and permit and inspection requirements.

(G)   In addition to any other penalties provided for in this chapter, a person who violates a provision of this section is subject to a civil penalty as may be established by the department in regulation.

(H)   The department may promulgate regulations establishing a civil penalty for violations of this section and may impose such penalty for violations of this section.

(I)     The provisions of this section do not apply to a person who prior to 2002 was actively engaged in the business of residential heating and air conditioning contracting in this State for at least thirty-five years."
SECTION 2.   This act takes effect upon the approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

Reps. SCOTT, J. E. SMITH, HOSEY, KIRSH, MOODY-LAWRENCE, CATO, SANDIFER, VAUGHN, MAHAFFEY, LITTLEJOHN, HUGGINS, SKELTON, THOMPSON, HARDWICK, WITHERSPOON, FRYE, PARKS, PINSON, PHILLIPS, CHELLIS and BALES requested debate on the Bill.

The following Bill was taken up:

H. 4289 (Word version) -- Reps. McGee, Altman, Battle and Coates: A BILL TO AMEND SECTION 16-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SLANDER AND LIBEL, SO AS TO DELETE THE MALICIOUS INTENT STANDARD AND PROVIDE FOR AN ACTUAL MALICE STANDARD REQUIRING KNOWLEDGE THAT A STATEMENT IS FALSE OR MADE WITH RECKLESS DISREGARD FOR WHETHER THE STATEMENT IS FALSE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7140AHB06), which was adopted:

Rep. G. M. SMITH 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. 4356 (Word version) -- Reps. Mack and Cobb-Hunter: A BILL TO AMEND SECTION 7-13-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS AND ASSISTANTS, SO AS TO ALLOW A SIXTEEN-YEAR-OLD PERSON TO BE IN CHARGE OF A POLLING PLACE WHILE UNDER THE SUPERVISION OF AN ADULT POLL MANAGER, AND TO DELETE THE REQUIREMENT THAT ONE SIXTEEN- OR SEVENTEEN-YEAR-OLD PERSON MAY BE APPOINTED TO A PRECINCT FOR EVERY TWO REGULAR POLL MANAGERS.

Rep. SCARBOROUGH moved to continue the Bill, which was not agreed to.

Reps. G. M. SMITH, SCARBOROUGH, ALTMAN, WALKER, LIMEHOUSE, MAHAFFEY, DUNCAN, M. A. PITTS, CEIPS, HOSEY and WITHERSPOON requested debate on the Bill.

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

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Wednesday, March 1, which was adopted:

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, Clark, Simrill and Viers: 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 CONVEY ANY INTEREST IN THE REAL PROPERTY TO ANOTHER PRIVATE PARTY WITH SPECIFIED EXCEPTIONS, AND TO PROVIDE FOR JUST COMPENSATION FOR THE OWNER OF REAL PROPERTY IF A LAND USE LAW REDUCES ITS FAIR MARKET VALUE.

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, March 1, which was adopted:

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, Clark, Simrill and Viers: A

The following Bill was taken up:

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, Walker, Vick, Duncan and Altman: 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.

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

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Brady                  Branham
G. Brown               R. Brown               Cato

Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Jennings
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McCraw                 McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Phillips               Pinson
E. H. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. E. Smith            W. D. Smith
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  White
Witherspoon            Young

Those who voted in the negative are:

J. Brown               Kennedy                Perry
M. A. Pitts            F. N. Smith            G. R. Smith
J. R. Smith            Stewart

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

The following Bill was taken up:

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.

Rep. ALTMAN moved to continue the Bill, which was not agreed to.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6730CM06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-222.   (A)   Notwithstanding the provisions contained in Section 56-1-220, a person diagnosed with low vision acuity who uses bioptic telescopic lenses for vision assistance may be issued a driver's license by the Department of Motor Vehicles if the person:

(1)   submits a vision report form that complies with subsection (B);

(2)   submits proof that the applicant has been trained to operate a motor vehicle while wearing bioptic telescopic lenses as evidenced by having successfully completed a driver-training course or program that meets the criteria listed in subsection (C) for such programs; and

(3)   meets all other qualifications for obtaining a driver's license, including passing the department administered road test wearing the bioptic telescopic lenses. A person applying for a driver's license pursuant to this section who fails to pass the road test after two attempts, before another test can be administered, must present certification of completion of another driver-training course or program that meets the criteria listed in subsection (C) dated at least thirty days from the date the second road test was administered.

(B)   An applicant for a driver's license who will use bioptic telescopic lenses for vision assistance while driving must submit a vision report form supplied by the department. The report must be completed by an optometrist or ophthalmologist qualified in the field of low vision care. The report must include the following information:

(1)   the applicant's vital data;

(2)   a diagnosis of the applicant's visual condition and the date of the onset of his visual impairment;

(3)   the date the bioptic telescopic system was dispensed to the applicant;

(4)   certification by the low vision care professional that the applicant:

(a)   is not impaired in the movement of his eyes, head, or neck;

(b)   has normal color vision;

(c)   has visual acuity of at least 20/200 with the best conventional nontelescopic corrective lenses;

(d)   does not have central field vision loss that exceeds five degrees;

(e)   has visual acuity of at least 20/60 using the bioptic telescopic lenses;

(f)   has a horizontal visual field diameter of not less than one hundred fifty degrees without the use of field expanders;   and

(5)   a statement concerning the stability of the applicant's condition.

An applicant who is issued a driver's license pursuant to this section must have the low vision report updated annually by an optometrist or ophthalmologist and submit it to the department for review. The eye care professional that examines the applicant and completes the annual report must indicate at the top of the report whether the applicant's vision condition has deteriorated in any way so that the applicant no longer meets the requirements of subsection (B)(4).

The department shall review the annual report submitted by the applicant. If the report indicates that the applicant no longer meets the requirements of subsection (B)(4), the department will immediately revoke the license held by the applicant. In order to be issued a new valid license the applicant must retake the department administered road test.

(C)   A person applying for a driver's license pursuant to this section must complete successfully a driver-training course or program certified to train individuals to use bioptic telescopic lenses while operating a motor vehicle. To be certified as a bioptic telescopic lens driver-training course or program, the course or program must be administered by a certified driver rehabilitation specialist with a

(1)   operating a motor vehicle under the supervision of a driving instructor for a minimum of thirty hours;

(2)   locating stationary objects within the telescopic field of view by aligning the object directly next to the telescopic lenses, and then moving the wearer's head and his eyes simultaneously to see the object with the telescope;

(3)   locating a moving object in a large field of vision by anticipating future movement, so that by moving the wearer's head and eyes in a coordinated fashion he can locate the moving object within the telescopic field; and

(4)   training in brief visual exposure with the deviation of exposure diminished constantly to simulate short-looking time while driving.

The applicant must apply for a driver's license and take the department road test within six months of having completed the bioptic lens driver-training program.

(D)   The following driving restrictions apply to a person who has been issued a driver's license pursuant to this section:

(1)   the driver may drive only during daylight hours, defined as after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the license holder may drive after six o'clock a.m. and no later than eight o'clock p.m.;

(2)   the driver is permitted to travel on noninterstate roads and highways only; and

(3)   the vehicle being operated by the driver must be equipped with both left and right side mirrors.

(E)   Nothing in this section permits an applicant who uses bioptic telescopic lenses for vision assistance to apply for a license to operate a motorcycle or a commercial driver's license."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. ALTMAN spoke against the amendment.

Rep. LITTLEJOHN moved to adjourn debate on the Bill until Tuesday, March 14.

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

Those who voted in the affirmative are:

Anthony                Bannister              Battle
Breeland               J. Brown               Cobb-Hunter
Emory                  Govan                  Hayes
Jennings               Mack                   McCraw
McLeod                 Miller                 Moody-Lawrence
Phillips               Rutherford             D. C. Smith
G. R. Smith            J. R. Smith            Stewart
Tripp                  Walker                 Young

Those who voted in the negative are:

Agnew                  Altman                 Anderson
Bailey                 Bales                  Ballentine
Barfield               Bingham                Bowers
Brady                  G. Brown               Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Coates
Coleman                Cotty                  Dantzler
Delleney               Duncan                 Edge
Frye                   Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Harvin
Haskins                J. Hines               Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Mitchell               J. H. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scarborough
Simrill                Sinclair               Skelton

F. N. Smith            G. M. Smith            J. E. Smith
W. D. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vick                   Viers
Weeks                  White                  Witherspoon

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Tuesday, March 14, which was agreed to.

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

The following was introduced:

H. 4732 (Word version) -- Rep. Delleney: A HOUSE RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF COUNCILMAN WILLIAM "BILL" WESTBROOK OF CHESTER COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 4733 (Word version) -- Rep. Leach: A HOUSE RESOLUTION TO HONOR LINDLEY MAYER OF GREENVILLE COUNTY FOR HER OUTSTANDING CONTRIBUTIONS TO HER COMMUNITY IN VOLUNTEERISM, AND TO CONGRATULATE HER FOR RECEIVING A PRESTIGIOUS PRUDENTIAL SPIRIT OF COMMUNITY AWARD IN RECOGNITION OF THE WORK SHE HAS DONE IN BENEFITING THE LIVES OF OTHERS.

The Resolution was adopted.

The following was introduced:

H. 4734 (Word version) -- Reps. Bowers, Hodges, R. Brown and McLeod: A HOUSE RESOLUTION TO RECOGNIZE THE THREE HUNDREDTH ANNIVERSARY OF THE FOUNDING OF ST. BARTHOLOMEW'S PARISH IN COLLETON COUNTY AND TO EXTEND BEST WISHES TO ALL OF THE CITIZENS OF COLLETON COUNTY AS THIS HISTORICAL AREA IN THE LOWCOUNTRY OF SOUTH CAROLINA BEGINS A YEARLONG CELEBRATION OF ITS HISTORY AND FOUNDING.

The Resolution was adopted.

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

H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT HIS REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND IN ADDITION TO HOSPITALIZING THE PERSON, TO AUTHORIZE THE COURT IN SUCH A

H. 4736 (Word version) -- Reps. Clemmons, Cato, Chellis, Edge, Hardwick, Huggins, Sandifer and Witherspoon: A BILL TO AMEND SECTION 23-9-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT THE DIVISION OF STATE FIRE MARSHAL SHALL ESTABLISH FEES FOR EQUIPMENT LICENSES AND PERMITS IN REGULATION, WHICH MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT EXCEED THE CURRENT FEES OF ONE HUNDRED DOLLARS FOR LICENSES AND TWENTY-FIVE DOLLARS FOR PERMITS.
Referred to Committee on Labor, Commerce and Industry

H. 4737 (Word version) -- Reps. Edge, Clemmons, Mitchell, Bales, Chalk, Hiott, Rice and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO PROVIDE THAT FEDERAL OR STATE INCOME TAX CREDITS FOR LOW INCOME HOUSING MAY NOT BE CONSIDERED WITH RESPECT TO THE VALUATION OF REAL PROPERTY OR IN DETERMINING THE FAIR MARKET VALUE OF REAL PROPERTY FOR PROPERTY TAX PURPOSES, AND TO PROVIDE THAT FOR PROPERTIES THAT HAVE DEED RESTRICTIONS IN EFFECT THAT PROMOTE OR PROVIDE FOR LOW INCOME HOUSING, THE INCOME APPROACH MUST BE THE METHOD OF VALUATION TO BE USED.
Referred to Committee on Ways and Means

H. 4738 (Word version) -- Rep. Coleman: A BILL TO AMEND ACT 1079 OF 1958, RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, SO AS TO INCREASE THE SIZE OF THE COMMISSION FROM FIVE MEMBERS TO SEVEN MEMBERS AND TO REVISE THE METHOD OF THEIR APPOINTMENT.
On motion of Rep. COLEMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The Senate returned to the House with concurrence the following:

H. 4551 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO PROCLAIM APRIL 22, 2006, AS THE GREAT AMERICAN CLEANUP OF SOUTH CAROLINA AND ENCOURAGE ALL SOUTH CAROLINIANS TO RECOGNIZE THE MANY CONTRIBUTIONS OF A CLEAN AND BEAUTIFUL STATE TO AN IMPROVED QUALITY OF LIFE.

H. 4719 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE TAYLOR LEIGH MORRIS OF SPARTANBURG COUNTY FOR HER OUTSTANDING CONTRIBUTIONS TO HER SCHOOL AND COMMUNITY AND TO WISH HER THE BEST IN ALL FUTURE ENDEAVORS.

H. 4720 (Word version) -- Reps. Funderburk, Brady, Ceips, Cobb-Hunter, Haley, Harvin, Haskins, Hinson, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hayes, Herbkersman, J. Hines, M. Hines, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, McLeod, Merrill, Mitchell, J. H. Neal, J. M. Neal, Norman, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, 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, Whitmire and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZED COLUMBIA COLLEGE FOR ITS OUTSTANDING PUBLIC-PRIVATE PARTNERSHIP, THE ALLIANCE FOR WOMEN, AND COMMEND THEM FOR THIS INNOVATIVE PARTNERSHIP AND THEIR LONGSTANDING

H. 4721 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CAITLYN LYDIA CARLILE OF SPARTANBURG COUNTY FOR HER OUTSTANDING CONTRIBUTIONS TO HER SCHOOL AND COMMUNITY AND TO WISH HER THE BEST IN ALL HER FUTURE ENDEAVORS.

At 1:15 p.m. the House, in accordance with the motion of Rep. CEIPS, adjourned in memory of Corrin Fitts Bowers of Estill, to meet at 10:00 a.m. tomorrow.

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