Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Isaiah 66:5: "Hear the word of the Lord, you who tremble at his word."
Let us pray. Blessed are You, O Lord, for You are over all the rulers of the earth. Humble all who are in positions of authority and power. Raise up justice-seekers and peace-makers and protect all people from the abuse of power. Thank You for the opportunity of service. Give Your blessings on these who serve the people of South Carolina. Grant Your blessings on our Nation, President, State, Governor and leaders. Bless our defenders of freedom as they keep us safe. We ask in the name of our 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 yesterday, the SPEAKER ordered it confirmed.

Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Mrs. Mary Dicks of Elko, which was agreed to.

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

June 30, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

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

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 961 (Word version) -- Senators McConnell, Ford, Knotts and Mescher: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THAT THE AREA SEEKING TO BE INCORPORATED FILE A PROPOSAL FOR PROVIDING EITHER DIRECTLY OR INDIRECTLY A SUBSTANTIALLY SIMILAR LEVEL OF LAW ENFORCEMENT SERVICES TO THE AREA'S EXISTING LAW ENFORCEMENT COVERAGE PRIOR TO SEEKING INCORPORATION.
Ordered for consideration tomorrow.

H. 4195 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.
Ordered for consideration tomorrow.

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

H. 4324 (Word version) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.

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

H. 4624 (Word version) -- Reps. Vaughn, Harrell, Cooper, Haskins, Leach, Taylor, Bannister, Cato, Ceips, Hamilton, Littlejohn, Loftis, Mahaffey, Mitchell, Rice, Sinclair, F. N. Smith, G. R. Smith, W. D. Smith, Talley, Walker, Tripp and Townsend: A BILL TO AMEND SECTION 56-3-2330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF MOTOR VEHICLE MANUFACTURER LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT THE DEPARTMENT MAY ISSUE TO A MOTOR VEHICLE MANUFACTURER.
Ordered for consideration tomorrow.

The following was introduced:

H. 4770 (Word version) -- Reps. Chalk, Ceips, Herbkersman, Rivers and Hodges: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE EXCEPTIONAL VOLUNTEERS, STAFF, AND ORGANIZERS OF THE SECOND HELPINGS NONPROFIT CORPORATION FOR THEIR EXTRAORDINARY CONTRIBUTIONS TO THE LIVES OF SOUTH CAROLINIANS IN NEED AND TO CONGRATULATE THEM ON REACHING THE MILESTONE OF DELIVERING TEN MILLION POUNDS OF FOOD TO NEEDY AGENCIES.

The Resolution was adopted.

The Senate sent to the House the following:

S. 1217 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SENATE UPON THE PASSING OF COUNTY COUNCILMAN GEORGE "BUNNY" GUY, SR. OF CHESTER COUNTY AND TO CONVEY TO HIS FAMILY AND MANY FRIENDS DEEPEST SYMPATHY.

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

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

H. 4771 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROFESSIONAL BONDSMAN'S MAINTENANCE OF SECURITY DEPOSITS WITH THE CLERK OF COURT, SO AS TO REVISE THE AMOUNT A PROFESSIONAL BONDSMAN SHALL MAINTAIN AS A DEPOSIT WITH A CLERK OF COURT, AND TO REQUIRE THAT THE MINIMUM AMOUNT OF THIS COLLATERAL MUST BE TWENTY-FIVE THOUSAND DOLLARS IN CASH.
Referred to Committee on Judiciary

H. 4774 (Word version) -- Reps. Govan, Scott, Hosey, Haley, Moody-Lawrence, Whipper, Clark, Allen, Ballentine, Battle, Bowers, Brady, Branham, R. Brown, Cato, Clemmons, Clyburn, Haskins, Hodges, Jefferson, Leach, Littlejohn, Mack, Martin, McLeod, Neilson, Perry, Rice, Sinclair, G. M. Smith and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-440 SO AS TO PROVIDE THAT ALL DEGREE-SEEKING STUDENTS IN PUBLIC INSTITUTIONS OF HIGHER LEARNING SHALL PASS A CLASS IN FINANCIAL LITERACY INSTRUCTION BEFORE OBTAINING A DEGREE, TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION IN COOPERATION WITH THE PUBLIC INSTITUTIONS SHALL DEVELOP GUIDELINES FOR THE DESIRED COURSE CONTENT AND REQUIREMENTS, TO PROVIDE THAT INSTITUTIONS OF HIGHER LEARNING SHALL ENSURE THAT ALL DEGREE-SEEKING STUDENTS RECEIVE FINANCIAL LITERACY INSTRUCTION, AND TO PROVIDE REPORTING REQUIREMENTS.
Referred to Committee on Education and Public Works

S. 134 (Word version) -- Senators Gregory and Alexander: A BILL TO AMEND SECTION 16-3-20 OF THE 1976 CODE, BY ADDING ARSON TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY

S. 1044 (Word version) -- Senator O'Dell: 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.
Referred to Committee on Ways and Means

S. 1065 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-37-712, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESS TO A MARINA AND ITS BUSINESS RECORDS FOR THE PURPOSE OF MAKING PROPERTY TAX ASSESSMENTS, SO AS TO DEFINE "BUSINESS RECORDS" FOR PURPOSES OF THIS SECTION.
Referred to Committee on Ways and Means

S. 1108 (Word version) -- Senators Campsen, Sheheen and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT STANDING TIMBER IS CONSIDERED A CONVEYANCE OF A REAL PROPERTY INTEREST AND AS SUCH UNDER THE LAWS OF THIS STATE IS A LIKE-KIND EXCHANGE WITH OTHER SIMILAR CONVEYANCES OF A REAL PROPERTY INTEREST OR WITH CONVEYANCES OF SIMILAR INVESTMENT REAL PROPERTY OWNED IN FEE SIMPLE.
Referred to Committee on Ways and Means

The following was introduced:

H. 4772 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO HONOR MR. JOE M. PERKINS OF GREENVILLE COUNTY FOR AN OUTSTANDING CAREER OF EDUCATING, MENTORING AND COACHING THE YOUTH OF GREENVILLE AND GREENWOOD COUNTIES AND TO CELEBRATE THE DEDICATION OF THE JOE M. PERKINS ATHLETIC STADIUM AT SOUTHSIDE HIGH SCHOOL.

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

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Coates                 Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Duncan                 Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Norman                 Owens

Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sinclair               D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Vick
Weeks                  Whipper                White
Whitmire               Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, March 8.

Jesse Hines                       William Clyburn
Dwight Loftis                     Creighton Coleman
Mack Hines                        Bill Cotty
Denny Neilson                     Gary Simrill
Harry Ott                         Fletcher Smith
Leon Howard                       Robert Walker

Announcement was made that Dr. James E. Craigie 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

Bill Number:   H. 4356 (Word version)
Date:   ADD:
03/08/06   WHIPPER

Bill Number:   H. 4503 (Word version)
Date:   ADD:
03/08/06   RICE

Bill Number:   H. 4502 (Word version)
Date:   ADD:
03/08/06   RICE

Bill Number:   H. 4502 (Word version)
Date:   ADD:
03/08/06   M. A. PITTS

Bill Number:   H. 4503 (Word version)
Date:   ADD:
03/08/06   M. A. PITTS

Bill Number:   H. 4681 (Word version)
Date:   ADD:
03/08/06   HALEY

Bill Number:   H. 4682 (Word version)
Date:   ADD:
03/08/06   FUNDERBURK

Bill Number:   H. 4718 (Word version)
Date:   ADD:
03/08/06   ALTMAN

Bill Number:   H. 4718 (Word version)
Date:   ADD:
03/08/06   MILLER

Bill Number:   H. 4718 (Word version)
Date:   ADD:
03/08/06   BATTLE

Bill Number:   H. 4489 (Word version)
Date:   REMOVE:
03/08/06   HALEY

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

H. 4758 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS TO PAY DEBT SERVICE ON OR OTHERWISE DEFRAY THE COST OF CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE LEE COUNTY COUNCIL, TO PROVIDE FOR THE IMPOSITION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THIS TAX, AND TO EXEMPT FROM THE TAX FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.

Rep. HARRISON explained the Bill.

The following Bill was taken up:

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

Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6754CM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 1-23-600 of the 1976 Code as last amended by Act 202 of 2004, is further amended to read:

"Section 1-23-600.   (A)   A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony shall be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published, but are available for public inspection unless the confidentiality thereof is allowed or required by law.

(B)   An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or

(C)   All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.

(D)   An administrative law judge also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380.

(E)   If a petition for judicial review of a final order of the Administrative Law Court is not filed in accordance with the provisions of Section 1-23-600, upon request of a party to the proceedings, the clerk of the Administrative Law Court must file a certified copy of the final order with a clerk of the circuit court, as requested, or court of competent jurisdiction, as requested. After filing, the certified order has the same effect as a judgment of the court where filed and may be recorded, enforced, or satisfied in the same manner as a judgment of that court."
SECTION   2.   Section 1-23-660 of the 1976 Code as last amended by Act 128 of 2005, is further amended to read:

"Section 1-23-660.   There is created within the Administrative Law Court the Division of Motor Vehicle Hearings. The chief judge of the Administrative Law Court shall serve as the Director of the Division of Motor Vehicle Hearings. The duties, functions, and responsibilities of all hearing officers and associated staff of the Department of Motor Vehicles are devolved upon the Administrative Law Court effective January 1, 2006. The hearing officers and staff positions, together with the appropriations relating to these positions, are transferred to the Division of Motor Vehicle Hearings of the Administrative Law Court on January 1, 2006. The hearing officers and staff shall be appointed, hired, contracted, and supervised by the chief judge of the court and shall continue to exercise their present Department of Motor Vehicle functions, duties, and responsibilities under the auspices of the Administrative Law Court as directed by the chief judge and shall perform such other functions and duties as the chief judge of the court prescribes. All employees of the division shall

The Budget and Control Board shall assist with all necessary actions to be taken to accomplish this transfer in consultation with the agency head of the transferring and receiving agencies.

Notwithstanding another provision of law, the hearing officers shall conduct hearings in accordance with Chapter 23 of Title 1, the Administrative Procedures Act, and the rules of procedure for the Administrative Law Court, at suitable locations as determined by the chief judge. For purposes of this section, any law enforcement agency that employs an officer who requested a breath test and any law enforcement agency that employs a person who acted as breath test operator resulting in a suspension pursuant to Sections 56-1-286 or 56-5-2951 is a party to the hearing and shall be served with appropriate notice, afforded the opportunity to request continuances and participate in the hearing, and provided a copy of all orders issued in the action. Representatives of the Department of Motor Vehicles are not required to appear at implied consent, habitual offender, financial responsibility, or point suspension hearings. The Department of Motor Vehicles shall continue to provide the existing locations within their facilities for such hearings as prescribed by the chief judge. The hearing officers are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. Appeals from decisions of the hearing officers must be taken to the Administrative Law Court pursuant to the court's appellate rules of procedure. Tape recordings of

"(23)   'Division of Motor Vehicle Hearings' means the Division of Motor Vehicle Hearings created by Section 1-23-660. The Division of Motor Vehicle Hearings conducts all hearings or administrative hearings arising from department actions.

(24)   'Administrative hearing' means a 'contested case hearing' as defined in Section 1-23-310. It is a hearing conducted pursuant to the South Carolina Administrative Procedures Act."
SECTION   4.   Section 56-1-370 of the 1976 Code is amended to read:

"Section 56-1-370.   The licensee may, within ten days after notice of suspension, cancellation, or revocation, except in cases where the suspension, cancellation, or revocation is made mandatory upon the Department of Motor Vehicles, request in writing a review and upon receipt of the request the department shall afford him a review an administrative hearing with the Division of Motor Vehicle Hearings in accordance with the rules of procedure of the Administrative Law Court and the State Administrative Procedures Act, in the judicial circuit where the licensee was arrested unless the department Division of Motor Vehicle Hearings and the licensee agree that the review hearing may be held in some other another jurisdiction. The review may hearing must be held heard by a duly authorized agent of the department hearing officer of the Division of Motor Vehicle Hearings. Upon the review, the department hearing officer shall either rescind it's the department's order of suspension, cancellation, or revocation or, good cause appearing therefor, may continue, modify, or extend the suspension, cancellation, or revocation of the license."
SECTION   5.   Section 56-1-1030 of the 1976 Code is amended to read:

"Section 56-1-1030.   When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the Department of Motor Vehicles must review its records for that person. If the department's department determines after review of its records shows that the person is an habitual offender as defined in Section

If after appropriate proceedings, the department finds the person to be an habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. A resident of South Carolina found to be an habitual offender may appeal the decision to the chief magistrate in the county in which the appellant resides Division of Motor Vehicle Hearings in accordance with its rules of procedure. A nonresident person found to be an habitual offender may appeal to the chief magistrate of Richland County. In any appeal, the magistrate shall hear and determine the matter de novo."
SECTION   6.   Section 56-1-1090 of the 1976 Code is amended to read:

"Section 56-1-1090.   No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(a)   for a period of five years from the date of a final decision by the Department of Motor Vehicles that a person is an habitual offender and if, upon appeal, the finding is sustained by a magistrate unless the period is reduced to two years as permitted in item (c);

(b)   until financial responsibility requirements are met;

(c)   until, upon petition to the Division of Motor Vehicle Hearings and for good cause shown, the department hearing officer may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after one year has two years have expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the department hearing officer may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the department hearing officer. If the two-year period is not granted, no petition may be filed again until after five years have expired from the date of the decision of the department hearing officer. However, a petition or court order is not required for the restoration of driving privileges, and the issuance of a license after the five-year

"(F)   An administrative hearing must be held within thirty days after the request for the hearing is received by the Department of Motor Vehicles Division of Motor Vehicle Hearings. If the department Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order must be issued by the department within thirty days. The order must set forth ,stating the reasons why the hearing was not held within thirty days, and a new providing a schedule date for the hearing must be scheduled. If the department Division of Motor Vehicle Hearings does not issue a written order within thirty days or fails within thirty days to notify the defendant person of a new hearing date, the person must have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be is limited to whether the person:

(1)   was lawfully arrested or detained;

(2)   was advised in writing of the rights enumerated in Section 56-5-2950;

(3)   refused to submit to a test pursuant to Section 56-5-2950; or

(4)   consented to taking a test pursuant to Section 56-5-2950, and the:

(a)   reported alcohol concentration at the time of testing was fifteen one- hundredths of one percent or more;

(b)   individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;

(c)   tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and

(d)   the machine was working properly.

Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.

A written order must be issued to the person all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before

(G)   An administrative hearing is a contested case proceeding under the Administrative Procedures Act, and a person has a right to judicial review appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of a petition for review an appeal stays the suspension until a final decision is issued on appeal."
SECTION   8.   Section 56-1-286(O) and (P) of the 1976 Code is amended to read:

"(O)   An administrative hearing must be held within thirty days after the request for the hearing is received by the department Division of Motor Vehicle Hearings. If the department Division of Motor Vehicle Hearings does not hold the hearing within thirty days, the Division of Motor Vehicle Hearings must issue a written order must be issued by the department within thirty days. The order must set forth stating the reasons why the hearing was not held within thirty days, and a new providing a schedule date for the hearing must be scheduled. If the department Division of Motor Vehicle Hearings does not issue a written order within thirty days or fails within thirty days to notify the defendant person of a new hearing date, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be is limited to whether the person:

(1)   was lawfully arrested or detained;

(2)   was advised in writing of the rights enumerated in subsection (I);

(3)   refused to submit to a test pursuant to this section; or

(4)   consented to taking a test pursuant to this section, and the:

(a)   reported alcohol concentration at the time of testing was two one- hundredths of one percent or more;

(b)   individual who administered the test or took samples was qualified pursuant to this section;

(c)   test administered and samples taken were conducted pursuant to this section; and

(d)   the machine was operating properly.

Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.

A written order must be issued to the person all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a

(P)   An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of a petition for review an appeal shall stay the suspension until a final decision is issued."
SECTION   9.   Section 56-9-363 of the 1976 Code is amended to read:

"Section 56-9-363.   The Department of Motor Vehicles may in the administration of this article prescribe such form as it may deem necessary and require individuals to file sworn affidavits substantiating any claims for damages should the need arise. Any person whose driving privilege becomes subject to suspension or is suspended under the provisions of this article may request an informal administrative hearing with the Division of Motor Vehicle Hearings prior to the suspension or within thirty days after written notice of the suspension in order that he might prove to the Department that no reasonable possibility exists that a civil court might enter a judgment against him as a result of the accident in question. The hearing so conducted shall not be bound by the rules of the law and shall be informal. The petitioner may present witnesses and any other evidence which he deems necessary to produce and he shall bear the costs thereof. Any person aggrieved by the decision of the Department hearing officer following the hearing may file a petition in the circuit court of the county in which he resides for a trial de novo an appeal with the Administrative Law Court in accordance with its appellate rules."
SECTION   10.   Section 56-15-350 of the 1976 Code is amended to read:

"Section 56-15-350.   Any license issued under this chapter may be denied, suspended, or revoked, if the applicant or licensee or an agency of the applicant or licensee acting for the applicant or licensee is determined by the Department of Motor Vehicles to have:

(a)   Made made a material misstatement in the application for the license;

(b)   Violated violated any provision of this chapter;

(c)   Been been found by a court of competent jurisdiction to have committed any fraud connected with the sale or transfer of a motor vehicle;

(d)   Employed employed fraudulent devices, methods, or practices in connection with meeting the requirements placed on dealers and wholesalers by the laws of this State;

(e)   Been been convicted of any violation of law involving the acquisition or transfer of a title to a motor vehicle or of any violation of law involving tampering with, altering, or removing motor vehicle identification numbers or markings;

(f)   Been been found by a court of competent jurisdiction to have violated any federal or state law regarding the disconnecting, resetting, altering, or other unlawful tampering with a motor vehicle odometer, including the provisions of 15 U.S.C. Sections 1981-1991;

(g)   Refused refused or failed to comply with the department's reasonable requests to inspect or copy the records, books, and files of the dealer or wholesaler or failed to maintain records of each motor vehicle transaction as required by this chapter or by state and federal law pertaining to odometer records; or

(h)   Given given, loaned, or sold a dealer license plate to any person or otherwise to have allowed the use of any dealer license plate in any way not authorized by Section 56-3-2320. Any dealer license plate issued to a dealer or wholesaler pursuant to Section 56-3-2320 which is determined by the department to be improperly displayed on any vehicle or in the possession of any unauthorized person is prima facie evidence of a violation of this section by the dealer or wholesaler to whom the license plate was originally issued.

The Department department shall notify the licensee or applicant in writing at the mailing address provided in his application of its intention to deny, suspend, or revoke his license at least twenty days in advance and shall provide inform the licensee an opportunity for a hearing of his right to request an administrative hearing with the Division of Motor Vehicle Hearings in accordance with the rules of procedure for the Administrative Law Court and pursuant to the Administrative Procedures Act of this State. A licensee desiring a hearing shall file a request it in writing with the Division of Motor Vehicle Hearings within ten days of receiving notice of the proposed denial, suspension, or revocation of his dealer's or wholesaler's license.

Upon the a denial, suspension, or revocation of a license, the licensee shall immediately return to the department the license and all dealer license plates."

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:

S. 137 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 20-7-420 OF THE 1976 CODE, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OF A MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12221AC06), which was adopted:

"( )   To order custody of a minor child to the de facto custodian under the circumstances specified in Section 20-7-1540."
SECTION   2.   Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-1540.   (A)   For purposes of this section, 'de facto custodian' means, unless the context requires otherwise, a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who:

(1)   has resided with the person for a period of six months or more if the child is under three years of age; or

(2)   has resided with the person for a period of one year or more if the child is three years of age or older.

Any period of time after a legal proceeding has been commenced by a parent seeking to regain custody of the child must not be included in determining whether the child has resided with the person for the required minimum period.

(B)   A person is not a de facto custodian of a child until the court determines by clear and convincing evidence that the person meets the definition of de facto custodian with respect to that child. If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.

(C)   The family court may grant visitation or custody of a child to the de facto custodian if it finds by clear and convincing evidence that the child's natural parents are unfit or that other compelling circumstances exist.

(D)   No proceeding to establish whether a person is a de facto custodian may be brought concerning a child in the custody of the Department of Social Services.

(E)   If the court has determined by clear and convincing evidence that a person is a de facto custodian, the court must join that person in the action as a party needed for just adjudication under the South Carolina Rules of Civil Procedure."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

The following Bill was taken up:

H. 4517 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO INCLUDE IN ITS JURISDICTION A FINAL DECISION OF AN AGENCY OR OF AN ADMINISTRATIVE LAW JUDGE IF PROVIDED BY LAW; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41, RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12219AC06), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12220AC06), which was adopted:
Amend the bill, as and if amended, page 4, by deleting Section 41-15-310(C) and inserting:
/(C)   A party aggrieved by the decision of the Administrative Law Court may appeal the decision as provided in Section 1-23-380 and 1-23-61./
Amend the bill, further, page 4 by deleting Section 41-15-310(E) and inserting:
/   (E)   All matters pending before the South Carolina Occupational Safety and Health Review Board on the effective date of this act must be transferred to the Administrative Law Court for adjudication, and the South Carolina Occupational Safety and Health Review Board shall no longer provide administrative review./
Renumber sections to conform.
Amend title to conform.

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

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

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

H. 4594 (Word version) -- Reps. Vick, Witherspoon, Clemmons and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT STANDING TIMBER IS CONSIDERED A CONVEYANCE OF A REAL PROPERTY INTEREST AND AS SUCH UNDER THE LAWS OF THIS STATE IS A LIKE-KIND EXCHANGE WITH

Rep. VICK explained the Senate Amendments.

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

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

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. WITHERSPOON explained the Senate Amendments.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

The following House Resolution was taken up:

H. 4688 (Word version) -- Reps. Barfield, Clemmons and Harrell: A HOUSE RESOLUTION TO COMMEND TAIWAN ON ITS CONTRIBUTIONS TO THE GLOBAL ECONOMY AND THE PROMOTION OF WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND TO SUPPORT A FREE TRADE AGREEMENT WITH THE UNITED STATES AND ITS EFFORTS TO JOIN THE

Whereas, Taiwan and the United States of America are friends and allies of long standing, both dearly cherishing the commonly shared values of freedom, democracy, and human rights; and

Whereas, Taiwan is the world's seventeenth largest economy, the United States' eighth largest trading partner as well as the sixth largest market for the United States' agricultural products; and

Whereas, the State of South Carolina and Taiwan have enjoyed long and mutually beneficial sister-state relations since 1981 with the prospect of further growth, and the House of Representatives declares its support of a free trade agreement between the United States and Taiwan; and

Whereas, Taiwan, as a leading manufacturer of information technology products, is an indispensable provider of the global high-tech industry, and its peace and stability are not only vital to the Asian Pacific region, but also to the world economy; and

Whereas, the threat of the use of force against Taiwan in any form, including the increasing deployment of missiles aimed at Taiwan or passing of legislation to justify the future invasion of Taiwan, are strongly opposed by the House of Representatives of South Carolina; and

Whereas, Taiwan, as a willing and contributing member of the world community, is one of the most active foreign contributing parties in the aftermath of Hurricane Katrina and other natural disasters in 2005; and

Whereas, the twenty-three million free citizens of Taiwan are not represented in the United Nations, World Health Organization, and other important international organizations, therefore hindering the human rights of the Taiwanese people. 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, commend Taiwan on its

Be it further resolved that a copy of this resolution be forwarded to Mr. R. C. Wu, Director General of the Taipei Economic and Cultural Office in Atlanta, Georgia.

The Resolution was adopted.

The following Concurrent Resolution was taken up:

H. 4665 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LITTLE RIVER ALONG SOUTH CAROLINA HIGHWAY 72 IN LAURENS COUNTY THE "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE" IN HONOR OF THE LITTLE RIVER REGIMENT WHICH WAS A GATHERING OF PATRIOTS OF THE OLDE 96 DISTRICT DURING THE AMERICAN REVOLUTIONARY WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE".

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 Little River along South Carolina Highway 72 in Laurens County the "Patriots of the Little River Regiment Memorial Bridge" in honor of the Little River Regiment which was a gathering of patriots of the Olde 96 District during the American Revolutionary War, and erect appropriate signs or markers at this bridge that contain the words "Patriots of the Little River Regiment Memorial Bridge".

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

H. 4718 (Word version) -- Reps. Limehouse, Umphlett, Hagood, Merrill, Jefferson, Ceips, Dantzler, Haley, Neilson, Scarborough, Hinson, Funderburk, Miller, Altman and Battle: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.

Whereas, the sale of more than 300,000 acres of national forest land, an amount of land roughly equal to the size of the Francis Marion National Forest, has been proposed; and

Whereas, in South Carolina, the proposed sale of land includes selling 4,665 acres in 45 tracts in the Francis Marion National Forest and Sumter National Forest; and

Whereas, conservationists contend that the sale of this forested property sets a bad precedent for the federal government selling such properties in the future; and

Whereas, the Francis Marion National Forest is a 250,000 acre ecological treasure home to some of the most important habitat remaining in South Carolina due to its extensive longleaf pine and savannah habitat on which animals, birds, and plants depend for their existence; and

Whereas, the Francis Marion National Forest is already under threat from development with a proposed road through the heart of the forest and suburban development threatening to encroach upon the forest; and

Whereas, selling this national forest land will open South Carolina up to more uncontrolled growth, sending a negative message that could undermine local attempts to restrain suburban sprawl adjacent to the Francis Marion National Forest and diminish the ongoing efforts of the

Whereas, after centuries of logging, farming, and development, the State has very few areas left where stands of native forest can grow, and the Francis Marion and the Sumter National Forests are home to some of these few remaining native forests, an irreplaceable resource that must be protected. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, urge the South Carolina congressional delegation to oppose the sale of land in the Francis Marion and Sumter National Forests.

Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

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

Whereas, Reverend Amos Nathaniel Rogers was born in the Eadytown section of Pineville, South Carolina, the second of three sons born to Sam Rogers and Edna Smith Rogers; and

Whereas, he earned a Bachelor of Science in Elementary Education from Morris College, and an Associate Degree in Theology from

Whereas, Mr. Rogers is the widower of Clara Jones Rogers and is a devoted father, grandfather, and great grandfather; and

Whereas, he is in contact with all members of his community in a effort to be a role model for all individuals by sharing God's word as well as encouraging them to strive to be the very best citizens as they are able to be; and

Whereas, he was a classroom teacher for many years, a member of the United Education Association, a businessman, and a community leader; and

Whereas, it is fitting and proper to forever recognize the accomplishments of this son of South Carolina by having a bridge in his native Berkeley County named in his honor. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the bridge in Berkeley County that forms the boundary between Lake Marion and Lake Moultrie along South Carolina Highway 45 the "Amos Nathaniel Rogers Bridge", and erect appropriate markers or signs at this bridge that contain the words "Amos Nathaniel Rogers Bridge".

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:

S. 1109 (Word version) -- Senator Cleary: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 IN

Whereas, Airman First Class Carl Anderson, Jr. was the son of our colleague the Honorable Carl Anderson, Sr. and his wife Doris Anderson of Georgetown County; and

Whereas, he was a 2001 graduate of Georgetown High School who was voted most popular in his senior class, excelled in the high school's ROTC program, and joined the United States Air Force upon graduation; and

Whereas, Airman First Class Anderson made the ultimate sacrifice for his country when he was killed when his vehicle was destroyed by a homemade explosive near the City of Mosul in Iraq on August 29, 2004; and

Whereas, it is fitting and proper for the members of the General Assembly to pause in their deliberations to pay tribute to this son of South Carolina by having his memory preserved for all generations by having a portion of United States Highway 701 in his native State named in his honor. Now, therefore,

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

That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of United States Highway 701 in Georgetown County from its intersection with North Street to its intersection with Browns Ferry Road the "Airman First Class Carl Anderson, Jr. Memorial Highway" in honor of a brave son of South Carolina who made the ultimate sacrifice while defending his country in Iraq.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

S. 1173 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 22, 2006, AS "CREATING SOLUTIONS FOR DISABILITIES DAY" TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 22, 2006, AT WHICH TIME THE STATE EASTER SEAL AND "BUCK-A-CUP" REPRESENTATIVES WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, Easter Seals South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the 55th annual "Buck-A-Cup Campaign" in South Carolina on Coffee Day, Good Friday, April 14, 2006; and

Whereas, under the statewide leadership of Gene Rountree, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Director Timothy W. James, President of the South Carolina Law Enforcement Officers' Association, Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers' Association, Sam Erb, State President of the South Carolina Restaurant Association, and Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and to assist them in creating solutions for their challenges; and

Whereas, the "B.A.C." buttons go on sale Wednesday, March 22, 2006; and

Whereas, the "B.A.C." project and all other programs of Easter Seals South Carolina deserve the support, merit, and praise of all residents of this State. Now, therefore,

That the members of the South Carolina General Assembly, by this resolution, declare Wednesday, March 22, 2006, as "Creating Solutions for Disabilities Day" in South Carolina and that representatives of Easter Seals South Carolina, the South Carolina Law Enforcement Officers' Association, and the South Carolina Restaurant Association, be presented in Joint Session of the General Assembly in the Hall of the House of Representatives on Wednesday, March 22, 2006.

Be it further resolved that the General Assembly extends to Easter Seals South Carolina and its many dedicated supporters its sincere wishes for continued success in its many outstanding and compassionate programs on behalf of persons with special needs.

The Concurrent Resolution was adopted and sent to the Senate.

The motion period was dispensed with on motion of Rep. W. D. SMITH.

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Tuesday, March 14, 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, Viers, Duncan, M. A. Pitts and Rice: 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

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, March 14, 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, Viers, Duncan, Thompson, G. M. Smith, Lucas, M. A. Pitts and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE

Rep. HUGGINS moved to adjourn debate upon the following Bill until Tuesday, March 14, which was adopted:

H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, 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 following Bill was taken up:

H. 4356 (Word version) -- Reps. Mack, Cobb-Hunter and Whipper: 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. TALLEY explained the amendment.
The amendment was then rejected.

Rep. TALLEY moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

Rep. JEFFERSON 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:

S. 608 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO EXPRESS THE STRONG BELIEF OF THE SOUTH CAROLINA

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

S. 1215 (Word version) -- Senators Reese, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO URGE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND THE CONGRESS OF THE UNITED STATES TO TAKE SWIFT AND APPROPRIATE ACTION TO PROTECT AND SECURE THE SEAPORTS OF THE UNITED STATES AND TO PREVENT THE TRANSFER OF THE SECURITY AND OPERATIONAL RESPONSIBILITIES OF SEAPORTS TO ANY KNOWN FOREIGN STATE THAT PROVIDED LOGISTICAL AND FINANCIAL RESOURCES AND SUPPORT TO TERRORISTS THAT ATTACKED THE UNITED STATES ON SEPTEMBER 11, 2001.
Ordered for consideration tomorrow.

The following was introduced:

H. 4775 (Word version) -- Reps. Cotty, 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, 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, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal,

The Resolution was adopted.

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

H. 4776 (Word version) -- Reps. Cobb-Hunter, Howard, Parks, Kennedy, Jefferson, Moody-Lawrence, Govan, Mack, Hodges, 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, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Huggins, Jennings, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE MARCH AS NATIONAL KIDNEY AWARENESS MONTH AND TO URGE CLINICAL LABORATORIES, HEALTH CARE COMPANIES, MEDICAL ORGANIZATIONS, AND MEDICAL PRACTITIONERS

Whereas, Chronic Kidney Disease (CKD) is a growing problem in South Carolina that affects more than 460,000 people, approximately one in eight adults. Of these, thousands have seriously reduced kidney functions that, if left untreated, may progress to a more severe level, Stage 5, or End Stage Renal Disease (ESRD); and

Whereas, chronic kidney disease can be prevented or delayed with early detection and intervention by trained medical professionals who use proper tests to determine the stage of kidney disease; and

Whereas, the glomerular filtration rate (GFR) is the best test to measure the level of kidney function and assess the stage of kidney disease; and

Whereas, the GFR calculation can be used by clinical laboratories, licensed health care providers, health care management companies, and medical organizations to evaluate the disease; and

Whereas, the GFR calculation should be computed when a serum creatinine test is performed with the purpose of determining the stage of kidney disease at its earliest convenience when there is a better chance of slowing or stopping the progression of kidney disease; and

Whereas, the members of the General Assembly publicly support the use of the glomerular filtration rate to appropriately measure the level of kidney function and encourage health policy initiatives that promote the early detection of chronic kidney disease and provide the clinical interventions to slow or stop the disease. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize March as National Kidney Awareness Month and urge clinical laboratories, health care companies, medical organizations, and medical practitioners to utilize the glomerular filtration rate to help prevent and detect chronic kidney disease.

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

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

H. 4777 (Word version) -- Reps. Clark, Whipper, Bailey, Battle, Coates, Delleney, Hodges, Martin, Miller, J. H. Neal, E. H. Pitts, Rhoad, Rivers and Scarborough: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT PROPERTY TAX EXEMPTIONS ON PASSENGER VEHICLES AND DWELLING HOMES PROVIDED TO VETERANS MUST BE EXTENDED TO A VETERAN'S SURVIVING SPOUSE WHO ESTABLISHES RESIDENCY IN THIS STATE SUBSEQUENT TO THE DEATH OF THE VETERAN, IF THE VETERAN, BUT FOR RESIDENCY REQUIREMENTS, COULD HAVE QUALIFIED FOR THE EXEMPTION; TO DELETE REFERENCES TO SPECIFIC WARS, FOR PRISONERS OF WAR AND TO PROVIDE THAT PRISONER OF WAR STATUS FOR PROPERTY TAX EXEMPTIONS ON A VEHICLE MUST BE CERTIFIED BY THE COUNTY OFFICE OF VETERANS AFFAIRS; AND TO CHANGE FROM TWO TO ONE VEHICLE FOR WHICH A PRISONER OF WAR MAY RECEIVE A PROPERTY TAX EXEMPTION.
Referred to Committee on Ways and Means

H. 4778 (Word version) -- Reps. Clemmons, Harrell, Merrill and Ceips: A JOINT RESOLUTION TO INSTRUCT THE STATE PORTS AUTHORITY TO ACT, WITHIN ONE HUNDRED EIGHTY DAYS OF A JUDICIAL DETERMINATION OF ITS EXCLUSIVE RIGHT TO DO SO, TO BEGIN CONDEMNATION PROCEEDINGS AGAINST LAND IN JASPER COUNTY ON THE SAVANNAH RIVER AND ISSUE A REQUEST FOR PROPOSALS FOR THE INITIATION OF CONSTRUCTION OF SHIPPING FACILITIES AT THE SITE ON

H. 4779 (Word version) -- Reps. Rivers, Hodges, Whipper, Altman, Ceips, Dantzler, Govan, Kirsh, Limehouse, Merrill, Scarborough and Umphlett: A BILL TO AMEND SECTION 5-3-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF CONTIGUOUS PROPERTY FOR PURPOSES OF ANNEXATION OF PROPERTY BY A MUNICIPALITY, SO AS TO DELETE CERTAIN GEOGRAPHICAL FACTORS THAT CAN BE USED TO ESTABLISH CONTIGUITY TO PROPERTY ANNEXED BY A MUNICIPALITY.
Referred to Committee on Judiciary

H. 4780 (Word version) -- Reps. Delleney, G. M. Smith, J. Brown, Ceips, Clark, Frye, Harvin, Herbkersman, Leach, Lucas, Martin, Miller, Moody-Lawrence, J. H. Neal, E. H. Pitts, Rutherford and Sinclair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-323 SO AS TO PROVIDE THAT THE APPLICATION FOR A STATE RESIDENT HUNTING OR FISHING LICENSE OR PERMIT SERVES AS AN APPLICATION FOR VOTER REGISTRATION UNDER CERTAIN CONDITIONS, TO PROVIDE THAT INFORMATION RELATING TO THE FAILURE OF AN APPLICANT FOR A STATE HUNTING OR FISHING LICENSE OR PERMIT TO SIGN A VOTER REGISTRATION APPLICATION MAY NOT BE USED FOR ANY PURPOSE OTHER THAN VOTER REGISTRATION, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL INCLUDE A VOTER REGISTRATION FORM AS PART OF AN APPLICATION FOR A STATE RESIDENT HUNTING OR FISHING LICENSE OR PERMIT WITH CERTAIN REQUIREMENTS, TO PROVIDE A CHANGE OF ADDRESS FORM FOR PURPOSES OF A STATE RESIDENT HUNTING OR FISHING LICENSE OR PERMIT MAY SERVE AS NOTIFICATION

H. 4781 (Word version) -- Reps. Mahaffey, Moody-Lawrence, Martin, Hosey, Agnew, Bannister, Cato, Davenport, Hardwick, Harrison, J. Hines, Hinson, Hodges, Jefferson, Kennedy, Kirsh, Littlejohn, McGee, Mitchell, J. M. Neal, Neilson, E. H. Pitts, Scarborough, Sinclair, G. R. Smith, Vaughn, Witherspoon and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 37 SO AS TO ENACT "THE AUTOMATIC PAYMENT PROTECTION ACT", REQUIRING CONSPICUOUS DISCLOSURE BY A BANK TO ITS CUSTOMER AND BY A VENDOR TO ITS BUYER OF THE PROCEDURE THE CUSTOMER OR BUYER SHALL FOLLOW TO TERMINATE AN AUTOMATIC PAYMENT AUTHORIZATION AGREEMENT AND TO STOP AUTOMATIC PAYMENTS FROM BEING CHARGED AGAINST THE CUSTOMER'S ACCOUNT OR BUYER'S CREDIT

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

At 11:10 a.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Mrs. Mary Dicks of Elko, to meet at 10:00 a.m. tomorrow.

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