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 Matthew 6:34: "So do not worry about tomorrow, for tomorrow will worry about itself. Today's trouble is enough for today."
Let us pray. O Lord our God, take care of us today as we assemble to discuss the affairs of this State. No matter where our journey takes us, let us know Your presence will be there. Continue to give opportunities for service and give courage and wisdom to accomplish our task. Bless our Nation, President, State, Governor and leaders. Protect our defenders of freedom as they protect us. In Your name we pray. Amen.

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

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

Rep. E. H. PITTS moved that when the House adjourns, it adjourn in memory of Lieutenant Atmar Fitzgerald of Lexington who was killed in Iraq, which was agreed to.

The following was received from the Senate:

Columbia, S.C., March 8, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1061:

Very respectfully,
President

Whereupon, the Chair appointed Reps. M. A. PITTS, FRYE and HARDWICK to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 4782 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MR. GLENN CLIFFORD HUBBARD OF VARNVILLE ON SATURDAY, FEBRUARY 25, 2006, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

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

H. 4783 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2006 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF DILLON COUNTY FAVOR HAVING THE THREE SCHOOL DISTRICTS OF THE COUNTY GOVERNED BY A SINGLE BOARD OF TRUSTEES, WITH UNLIMITED FISCAL AUTONOMY, COMPOSED OF NINE MEMBERS, SEVEN ELECTED IN NONPARTISAN ELECTIONS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS AS ARE MEMBERS OF COUNTY COUNCIL AND TWO ELECTED FROM THE COUNTY AT LARGE.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4784 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO TRANSPORTATION OF UNMANUFACTURED FOREST PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2972, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4785 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DENIAL, REVOCATION AND SUSPENSION OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4786 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPLAYING THE FLAG, DESIGNATED AS REGULATION DOCUMENT NUMBER 2996,

H. 4787 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4788 (Word version) -- Rep. Vaughn: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY TO 2005 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.
Referred to Committee on Education and Public Works

H. 4790 (Word version) -- Reps. Haskins, Loftis, Pinson, Bannister, Coates, Davenport, Delleney, Duncan, Huggins, Leach, Littlejohn, Mahaffey, Mitchell, M. A. Pitts, Rice, G. R. Smith, J. R. Smith, Talley and Walker: A BILL TO ENACT THE "SOUTH CAROLINA UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL

S. 394 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 40-54-10 OF THE 1976 CODE, RELATING TO DEALERS IN PRECIOUS METALS, TO PROVIDE A DEFINITION OF BUSINESS; TO AMEND SECTION 40-54-70, RELATING TO A DEALER'S CIVIL LIABILITY FOR DAMAGES TO THE TRUE OWNER FOR KNOWINGLY PURCHASING STOLEN PRECIOUS METAL, TO INCLUDE THE PURCHASE OF A PRECIOUS OR SEMIPRECIOUS STONE OR GEM, TO REQUIRE A REASONABLE INQUIRY BY THE DEALER INTO THE TRUE OWNERSHIP OF THE ITEM, AND TO PROVIDE FOR THE ADDITIONAL REMEDY OF IMMEDIATE RETURN OF THE ITEM UPON DEMAND BY THE TRUE OWNER; AND TO AMEND VARIOUS OTHER SECTIONS OF CHAPTER 54 OF TITLE 40 TO MAKE CERTAIN TECHNICAL AND OTHER CHANGES.
Referred to Committee on Judiciary

S. 985 (Word version) -- Senators Leatherman, Leventis and Pinckney: A BILL TO AMEND SECTION 6-1-530(B) OF THE 1976 CODE, RELATING TO THE USE OF REVENUE FROM THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY WHICH COLLECTS ONE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES MAY USE THE REVENUE COLLECTED FOR THE OPERATION AND MAINTENANCE OF THE ITEMS LISTED IN SECTION 6-1-530(A) AND POLICE, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY-PREPAREDNESS OPERATIONS DIRECTLY ATTENDANT TO THOSE FACILITIES.
Referred to Committee on Ways and Means

The following was introduced:

H. 4789 (Word version) -- Reps. Funderburk, Coleman, Delleney, Cotty and Lucas: A CONCURRENT RESOLUTION URGING THE DUKE POWER COMPANY TO DEVELOP AND OPERATE ADEQUATE FLOOD CONTROL MANAGEMENT ON LAKE WATEREE FOR THE HEALTH, SAFETY, AND RECREATIONAL ENJOYMENT OF

The following was introduced:

H. 4791 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A HOUSE RESOLUTION TO CONGRATULATE THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" WRESTLING TEAM FOR ITS OUTSTANDING CAPTURE OF THE 2006 AAAA STATE WRESTLING CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACH, KENNY WALKER, ON ANOTHER EXTRAORDINARY SEASON.

The Resolution was adopted.

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

H. 4792 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" WRESTLING TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM FOR THEIR OUTSTANDING WIN OF THE 2006 AAAA STATE WRESTLING CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACH, KENNY WALKER, ON ANOTHER EXTRAORDINARY SEASON.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the players, coaches, and school officials of the Summerville High School "Green Wave" Wrestling Team, at a date and time to be determined by the Speaker, to congratulate them for their outstanding win of the 2006 AAAA State Wrestling

The Resolution was adopted.

The Senate sent to the House the following:

S. 1179 (Word version) -- Senators Grooms, Campsen, Cleary, Richardson and Alexander: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was taken up for immediate consideration:

S. 1226 (Word version) -- Senators Hayes, Gregory, Peeler and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 28, 2006, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Whereas, the population of York County has grown over twenty-eight percent during the past fifteen years to a current total of 208,393 and is expected to grow by 56,500 by the year 2015; and

Whereas, York County's total estimated assessed property valuation for 2005 exceeded 456.1 million dollars; and

Whereas, a total of thirty-five companies, some nationally known, announced plans to locate or expand in York County in 2005, providing investments of over 142 million dollars and created over 650 jobs; and

Whereas, retail sales in York County have increased annually by approximately seven percent since the latter 1990's to an estimated 3.6 billion dollars; and

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

That the members of the South Carolina General Assembly, by this resolution, recognize York County for its many accomplishments and declare March 28, 2006, "York County Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to each of the four chambers of commerce in York County.

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                  Allen                  Altman
Anthony                Bailey                 Bales
Ballentine             Bannister              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             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hodges
Hosey                  Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn

Loftis                 Lucas                  Mack
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Miller
Mitchell               J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

I came in after the roll call and was present for the Session on Thursday, March 9.

James E. Stewart                  Leon Howard
Bessie Moody-Lawrence             Carl Anderson
Denny Neilson                     Gary Simrill
Becky Martin                      Jerry Govan

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

Reps. VIERS and EDGE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 8.

Announcement was made that Dr. T. Edwin Evans of Seneca is the Doctor of the Day for the General Assembly.

Reps. FRYE, CLARK and STEWART presented to the House the Batesburg-Leesville High School Football Team, the Class AA Champions, their coaches and other school officials.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second 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. 4687 (Word version)
Date:   ADD:
03/09/06   COATES

Bill Number:   H. 4768 (Word version)
Date:   ADD:
03/09/06   MACK

Bill Number:   H. 4768 (Word version)
Date:   ADD:
03/09/06   RUTHERFORD

The following Bills were taken up, read the third time, and ordered sent to the Senate:

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.

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

H. 4421 (Word version) -- Reps. Chellis, Young, Bailey, Harrell, Harrison and Miller: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS UPON A FAVORABLE REFERENDUM VOTE, SO AS TO PROVIDE THAT TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AUTHORIZED TO BE ISSUED IN A COUNTY OR MUNICIPALITY PURSUANT TO THE REFERENDUM PROVIDED FOR AT THAT TIME MAY CONTINUE TO BE ISSUED OR REISSUED WITHOUT THE REQUIREMENT OF A FURTHER REFERENDUM.

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

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

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 following Bill was taken up:

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12223AC06), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 of the bill and inserting:
/Section 20-7-6840 of the 1976 Code, as added by Act 383 of 1996, is amended by adding an appropriately numbered item at the end to read:

"( )   Juveniles must be assigned to intensive probation or aftercare services by the Department of Juvenile Justice. Juveniles assigned to these intensive supervision services must be those juveniles who require enhanced supervision, monitoring and contacts, or a higher level of treatment services. Intensive supervision must be provided by the department in all regions of the State. In conjunction with establishing these intensive supervision services, the department shall develop an array of graduated sanctions and impose these sanctions on offenders being provided intensive supervision services for technical rule violations and minor infractions, whenever feasible to do so, in lieu of re-incarceration of the juvenile in a secure correctional facility. The array of graduated sanctions developed by the department may include, as a condition of probation or parole, placement of a juvenile in a staff or environmentally secure residential program. Case workers selected to monitor, supervise, and serve juveniles assigned to intensive supervision services shall have caseloads of no more than twenty juveniles."/
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that H. 4687 (Word version) be read the third time tomorrow.

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

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.

Rep. SCARBOROUGH explained the Bill.

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.

Rep. J. M. NEAL explained the Bill.

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

Rep. J. M. NEAL explained the Bill.

On motion of Rep. SCARBOROUGH, with unanimous consent, it was ordered that S. 961 (Word version) be read the third time tomorrow.

On motion of Rep. CEIPS, with unanimous consent, it was ordered that H. 4324 (Word version) be read the third time tomorrow.

On motion of Rep. J. M. NEAL, with unanimous consent, it was ordered that H. 4624 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7161CM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

Section 56-3-10010.   (A)   The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names that shall have imprinted on the plate an emblem, seal, or other symbol associated with the South Carolina Parrot Head Club Council. The South Carolina Parrot Head Club Council must submit to the department written authorization to use a copyrighted or registered logo, trademark or design on the special license plate. The South Carolina Parrot Head Club Council may request a change in the emblem, seal, or other symbol not more than once every five years. The fee charged for the special license plate shall be adjusted as necessary to account for any additional expenses associated with a change in design. The fee for this special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.

(B)   From the fees collected pursuant to this article, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses associated with producing and administering the distribution of the license plate. The remaining funds collected from the special motor vehicle license fee shall be distributed to the South Carolina Parrot Head Club Council, which shall only use the funds to support the Palmetto Chapter of the Alzheimer's Association and the Upstate South Carolina Chapter of the Alzheimer's Association.

(C)   Notwithstanding the provisions contained in Section 56-3-8100, before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:

(1)   one hundred or more prepaid applications for the special license plate or four thousand dollars from the individual or organization seeking issuance of the license plate; and

(2)   a plan to market the sale of the plate approved by the department.

(D)   If the department receives less than three hundred biennial applications and renewals for the special license plate authorized by this article, it may not produce additional special license plates in this series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION   2.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. J. M. NEAL explained the amendment.
The amendment was then adopted.

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

On motion of Rep. J. M. NEAL, with unanimous consent, it was ordered that H. 4195 (Word version) be read the third time tomorrow.

The following Concurrent Resolution was taken up:

S. 608 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO EXPRESS THE STRONG BELIEF OF THE SOUTH CAROLINA GENERAL ASSEMBLY THAT THE GENOCIDE IN DARFUR, SUDAN, SHOULD BE ENDED AND TO EXPRESS SUPPORT FOR SPECIFIC STEPS TO ACCOMPLISH THIS PURPOSE.

Whereas, the United States government has named the crisis in Darfur, Sudan, a genocide; and

Whereas, more than three hundred thousand Darfurians have died and nearly two million have been displaced in this crime against humanity; and

Whereas, more are dying each day; and

Whereas, in the aftermath of the Rwandan genocide, the world has pledged to "Never Forget"; and

Whereas, South Carolinians desire protection for the lives of our brothers and sisters abroad. Now, therefore,

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

That the members of the General Assembly by this resolution call for an end to the genocide in Darfur, Sudan.

Be it further resolved that the South Carolina General Assembly in order to end the genocide:

(1)   supports the current United Nations Security Council working resolution proposing asset freezes, travel bans, and an arms embargo on targeted officials of the Sudanese government;

(2)   advocates for United States approval of, or abstention from, a vote in the Security Council to refer cases involving crimes against humanity in Sudan to the International Criminal Court;

(3)   endorses a mandate for African Union troops in Darfur;

(4)   calls on the Security Council to send United Nations peacekeeping troops into all of Sudan to enforce the recent peace agreement as well as to work alongside African Union troops already in Darfur; and

(5)   supports the initiatives of citizens across the country writing their elected officials on behalf of those suffering in Sudan.

Be it further resolved that a copy of this resolution be forwarded to the United Nations Security Council.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

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,

Whereas, the members of the General Assembly of the State of South Carolina implore President George W. Bush and the Congress of the United States to take quick and immediate action to make changes to all trade agreements and policies that currently allow the operational and security functions of seaports to be transferred to companies owned and operated by foreign states; and

Whereas, the President and the Congress are asked to take all necessary steps to secure seaports for the citizens of our country and for South Carolina in particular; and

Whereas, the United States' seaports are a valuable and nationally crucial outlet for foreign trade and are a significant target for terrorists; and

Whereas, in South Carolina, seaports represent a valuable and necessary outlet for goods produced within our State and a gateway for goods produced by markets abroad; and

Whereas, the Port of Charleston receives and processes nearly forty billion dollars in goods, amounting to 727,000 tons, consistently among the top states in the country; and

Whereas, international trade through the Port of Charleston and other South Carolina seaport facilities provides 281,660 jobs, paying $9.4 billion in wages to South Carolinians and producing $23 billion into the state economy, and generates $2.5 billion in state and local taxes; and

Whereas, South Carolina has a rich and diverse manufacturing economy producing high-tech electronics, software, plastics, cars, boats, and textiles. Machinery, vehicles, electronic machinery, plastics, and rubber rank among our largest exports; and

Whereas, in November, 2005, the state's unemployment rate was 7.1 percent, and the latest figures show South Carolina's unemployment rate is the second worst in the nation at 7 percent; and

Whereas, the South Carolina jobless rate has persisted higher than the United States rate since the recession ended three years ago. The current national rate is 4.7 percent; and

Whereas, the General Assembly of the State of South Carolina respectfully requests that President George W. Bush and the Congress of the United States take note of the concerns of South Carolina's leaders and citizens and act to block the transfer of the operation and security of our nation's seaports to a foreign nation with known ties to the terrorists who attacked our great nation on September 11, 2001. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, urge George W. Bush, President of the United States, and the Congress of the United States to take swift and appropriate action on vital trade matters that influence the ability of the nation and the State of South Carolina to operate safe, secure seaports and to compete and grow economically.

Be it further resolved that a copy of this resolution be forwarded to President George W. Bush and to the Congress of the United States.

The Concurrent Resolution was adopted and sent to the Senate.

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

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

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

H. 4471 (Word version) -- Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M. A. Pitts, Rice, Sinclair, J. E. Smith, Viers and White: A BILL TO AMEND SECTIONS 22-3-10 AND 22-3-30, BOTH AS AMENDED AND BOTH RELATING TO JURISDICTION OF THE MAGISTRATE'S COURT, BOTH SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL RETAIN JURISDICTION OVER AN EJECTMENT ACTION AND CORRESPONDING COMPULSORY COUNTERCLAIMS, REGARDLESS OF THE AMOUNT OF THE COUNTERCLAIM; TO AMEND SECTION 27-33-40, RELATING TO CONCURRENT JURISDICTION OF CIRCUIT COURT JUDGES AND MAGISTRATES, SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL SEVER AND TRANSFER TO CIRCUIT COURT CLAIMS OR PERMISSIVE COUNTERCLAIMS FILED IN MAGISTRATE'S COURT IN CONNECTION WITH AN EJECTMENT ACTION IF THOSE CLAIMS EXCEED THE JURISDICTIONAL AMOUNT, WHILE RETAINING JURISDICTION OVER THE EJECTMENT ACTION AND COMPULSORY COUNTERCLAIMS; AND TO AMEND SECTION 27-37-60, RELATING TO THE TRIAL OF A CONTESTED EJECTMENT ACTION RESULTING FROM A COMMERCIAL LEASE ARRANGEMENT, SO AS TO REQUIRE THAT THE ACTION BE HEARD, WITH PRIORITY, AT THE NEXT TERM OF COURT AND THAT THE TENANT TENDER RENT DUE AND ACCRUING AS OF AND DURING THE PENDENCY OF THE ACTION.
Ordered for consideration tomorrow.

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

H. 4793 (Word version) -- Reps. Kirsh, Delleney, Emory, McCraw, Moody-Lawrence, Norman and Simrill: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 28, 2006, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Whereas, the population of York County has grown over twenty-eight percent during the past fifteen years to a current total of 208,393 and is expected to grow by 56,500 by the year 2015; and

Whereas, York County's total estimated assessed property valuation for 2005 exceeded 456.1 million dollars; and

Whereas, a total of thirty-five companies, some nationally known, announced plans to locate or expand in York County in 2005, providing investments of over 142 million dollars and created over 650 jobs; and

Whereas, retail sales in York County have increased annually by approximately seven percent since the latter 1990's to an estimated 3.6 billion dollars; and

Whereas, the citizens of York County passed a one cent sales tax in 1997 and again in 2003 to collect approximately 99 million dollars and 172 million dollars respectively to be used to pay for critical road improvements. 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, recognize York County for its many accomplishments and declare March 28, 2006, "York County Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to each of the four chambers of commerce in York County.

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4794 (Word version) -- Reps. Cato, Sandifer, Harrell, Coleman, Anderson, Bailey, Bales, Bannister, Battle, Bingham, Bowers, Branham, G. Brown, J. Brown, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cooper, Dantzler, Duncan, Edge, Emory, Funderburk, Hagood, Haley, Hardwick, Hayes, Hinson, Hiott, Huggins, Jefferson, Jennings, Leach, Loftis, Lucas, Mahaffey, McGee, McLeod, Merrill, Miller, J. H. Neal, Ott, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Scarborough, Scott, Sinclair, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, Stewart, Talley, Taylor, Thompson, Umphlett, Vick, Weeks, White, Whitmire, Witherspoon, Young and J. M. Neal: A BILL TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT OWNERSHIP OF A NUCLEAR ELECTRIC GENERATING STATION IN FAIRFIELD COUNTY, SO AS TO PROVIDE THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY OWNED BY THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.
Referred to Committee on Labor, Commerce and Industry

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

The Senate returned to the House with concurrence the following:

H. 4549 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF SEPTEMBER 2006 "MENOPAUSE AWARENESS MONTH" IN RECOGNIZING ITS EFFECTS ON THE HEALTH OF SOUTH CAROLINA WOMEN.

H. 4710 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Frye, Hardwick and Sandifer: A CONCURRENT RESOLUTION CELEBRATING

H. 4753 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND TOM FAZIO, ONE OF THE UNITED STATES' MOST RESPECTED AND WELL-KNOWN GOLF COURSE DESIGNERS, FOR AN UNPARALLELED CAREER THAT HAS MADE HIM INTERNATIONALLY FAMOUS.

H. 4754 (Word version) -- Reps. Vaughn, Allen, Bannister, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N. Smith, G.R. Smith, Taylor and Tripp: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR FRANK D. PINCKNEY OF GREENVILLE COUNTY FOR HIS LEADERSHIP AND PUBLIC SERVICE AS PRESIDENT AND CEO OF THE GREENVILLE HOSPITAL SYSTEM UPON THE OCCASION OF HIS RETIREMENT.

H. 4755 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO COMMEMORATE THE TWENTIETH ANNIVERSARY OF THE GULLAH FESTIVAL OF SOUTH CAROLINA AND TO RECOGNIZE THOSE INVOLVED WITH THE FESTIVAL FOR THEIR DEDICATION IN BRINGING THE GULLAH CULTURE AND TRADITION TO ALL SOUTH CAROLINIANS.

H. 4756 (Word version) -- Reps. Bailey, Dantzler, Rhoad and Umphlett: A CONCURRENT RESOLUTION TO HONOR JOHN TYE HEATH HILL, CORNERBACK OF THE CLEMSON UNIVERSITY FOOTBALL TEAM, FOR HIS OUTSTANDING ATHLETICISM AND LEADERSHIP AND TO RECOGNIZE HIM FOR HIS INSTRUMENTAL ROLE IN THE SUCCESS OF CLEMSON UNIVERSITY'S 2005 FOOTBALL SEASON.

H. 4766 (Word version) -- Reps. Jefferson and Clyburn: A CONCURRENT RESOLUTION TO HONOR ETHELINE P. WASHINGTON OF BERKELEY COUNTY FOR HER LAUDABLE CONTRIBUTIONS AND SINCERE DEVOTION TO PUBLIC EDUCATION IN SOUTH CAROLINA FOR OVER FORTY YEARS AND TO COMMEND HER FOR HER LIFELONG COMMITMENT TO HER FAMILY, CHURCH, AND COMMUNITY.

At 11:00 a.m. the House, in accordance with the motion of Rep. E. H. PITTS, adjourned in memory of Lieutenant Atmar Fitzgerald of Lexington who was killed in Iraq, to meet at 10:00 a.m. tomorrow.

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