Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from 1 John 3:7: "Dear children, do not let anyone lead you astray."
Let us pray. Almighty God, creator of diversity, we gather to discuss and make decisions and cause change. Guide us in our means and talents this day to do what is right and good. Be present with each of these Representatives and staff this day and week. Open our hearts to service and love for others. Bless our Nation, President, State, Governor and leaders. Protect our defenders of freedom as they protect us. 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 Friday, the SPEAKER ordered it confirmed.

Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Lawrence Graham, Sr., of Camden, which was agreed to.

The following was received:

Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, March 8, 2006

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of

Clemson University

at-large                 Mr. Joseph D. Swann

Francis Marion University

at-large, seat 13           Mr. Robert E. Lee

Coastal Carolina University

3rd District, seat 5         Mr. Jennings G. McAbee

              Mr. Bill Biggs

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

The following candidate screening was conducted on March 9th, 2006, Room 534, Blatt Building, Columbia, South Carolina, before Diane M. Hendricks, Court Reporter and Notary Public in and for the State of South Carolina.

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

Sophia Floyd, Administrative Assistant
Also Present: Russell Boloyan

CHAIRMAN PHILLIPS: Let's call the meeting to order here to try. The Senate is trying to get back. And, of course, we were already adjourned and we're getting started here. The Joint Screening

SENATOR SHORT: Next Thursday noon or something like that.
MS. FLOYD: It would be in Tuesday's Journal, which will be up to Diane.
SENATOR ALEXANDER: You hate to ask for a commitment and get caught -- because -- you might want to wait until the first of next week.
MS. FLOYD: Right.
SENATOR ALEXANDER: To make sure, Joe, because we don't want anything happening to you.
CHAIRMAN PHILLIPS: Next Thursday, 12:00, Joe, we hope to have it in there.
MR. SWANN: Thank you.
CHAIRMAN PHILLIPS: Francis Marion University at-large, Seat 13, Mr. Robert E. Lee. Mr. Lee is the incumbent with no opposition. Mr. Lee, please raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. LEE: I swear to God.
CHAIRMAN PHILLIPS: You're already in the office, so we know that you don't have any conflicts, you have no other appointments, no other elected offices at this time, do you sir?
MR. LEE: No, sir.
CHAIRMAN PHILLIPS: Would you go ahead with a short statement.

Document No. 3056
Agency: Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-18-310 - 59-18-340, 59-20-60, 59-30-10
End-of-course tests
Received by Speaker of the House of Representatives
March 10, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration February 14, 2007

Document No. 3045
Agency: Office of the Attorney General
Statutory Authority: 1976 Code Section 35-1-101 et seq.
Securities
Received by Speaker of the House of Representatives
March 9, 2006
Referred to Judiciary Committee
Legislative Review Expiration February 13, 2007

Document No. 3027
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-1-310 and 59-5-60
Nutrition Standards for Elementary (K-5) School Food Service Meals and Competitive Foods
Received by Speaker of the House of Representatives
January 20, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration May 20, 2006
Withdrawn and Resubmitted March 10, 2006

Columbia, S.C., March 14, 2006
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. SKELTON the invitation was accepted.

The following was introduced:

H. 4795 (Word version) -- Reps. Harrison, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, 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, Neilson, Norman, Ott, Owens, Parks, 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 HOUSE RESOLUTION TO EXPRESS SINCERE GRATITUDE AND FRIENDSHIP TO MRS. RUTH W. TIDWELL OF LEXINGTON COUNTY FOR HER SERVICE TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS ADMINISTRATIVE ASSISTANT TO THE HOUSE JUDICIARY COMMITTEE, AND WISH HER MUCH DESERVED HAPPINESS AND GOOD HEALTH IN THE FUTURE.

Whereas, it is appropriate to recognize long-term employees of the State of South Carolina who dedicated their skills and expertise to the State for many years; and

Whereas, Ruth W. Tidwell of Lexington County is certainly a state employee worthy of such recognition having worked in many capacities in state government through the years including working with the Department of Education, Legislative Audit Council, the Joint Legislative Committee on Energy, and the State Ethics Commission before retiring from her service with the South Carolina House of Representatives in 2005; and

Whereas, she was the constant of the House Judiciary Committee for over twelve years through two committee chairmen, nine attorneys, and countless law clerks and pages; and

Whereas, Mrs. Tidwell served as the first contact for members of the public and lobbyists alike, and she made it a point to treat everyone with dignity and respect, regardless of their status or position; and

Whereas, among her many responsibilities with the committee, Mrs. Tidwell was in charge of the considerable page staff. She was tough but fair and treated the college students who worked for the committee as if they were her own children even keeping pictures of former pages on her Judiciary Committee desk; and

Whereas, Chairman Jim Harrison, members of the committee, and former and current staff of the committee will never forget the time and effort she put into her job and the countless kindnesses she extended each of them along the way; and

Whereas, adored by members and staff alike, her dedication, skills, warmth, respect, friendliness, and her vast institutional knowledge of the committee and state government in general will be greatly missed; and

Whereas, Mrs. Tidwell did not just take great pride in her work, she also is the wife of her beloved David, a talented artist, and together they have two beautiful daughters: Lisa Kraus and Tracy Folks. She and David are proud to boast four adorable grandchildren: Caitlin, Bailey, and Rylee Kraus, and Caleb Folks; and

Whereas, the South Carolina House of Representatives is pleased to extend its profound appreciation to this truly wonderful lady for her outstanding service to the South Carolina House of Representatives and South Carolina state government on the occasion of her retirement. Now, therefore,

That the members of the House of Representatives of the State of South Carolina, by this resolution, express their sincere gratitude and friendship to Mrs. Ruth W. Tidwell of Lexington County for her service to the South Carolina House of Representatives as Administrative Assistant to the House Judiciary Committee, and wish her much deserved happiness and good health in the future.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Ruth W. Tidwell of Lexington County.

The Resolution was adopted.

The following was introduced:

H. 4796 (Word version) -- Reps. Cobb-Hunter, 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, 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, Neilson, Norman, Ott, Owens, Parks, 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 EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BEAVER CREEK INDIANS ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION

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

The following was introduced:

H. 4797 (Word version) -- Reps. Cobb-Hunter, 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, 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, Neilson, Norman, Ott, Owens, Parks, 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 EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SANTEE INDIAN ORGANIZATION ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.

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

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

H. 4798 (Word version) -- Reps. R. Brown and Allen: A JOINT RESOLUTION TO CREATE A PUBLIC HIGHWAYS STUDY COMMITTEE TO REVIEW THE STATE AND LOCAL HIGHWAY NEEDS AND RECOMMEND LEGISLATIVE CHANGES THAT WOULD ENSURE THAT ALL LOCAL, REGIONAL, AND STATE AGENCIES INVOLVED IN THE PLANNING, CONSTRUCTION, AND MAINTENANCE OF HIGHWAYS COORDINATE THEIR ACTIVITIES TO ENSURE THAT THEIR EFFORTS ARE NOT DUPLICATIVE.
Referred to Committee on Education and Public Works

H. 4800 (Word version) -- Reps. Bannister, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Skelton, Duncan, Mitchell, Moody-Lawrence, Haley, E. H. Pitts, Martin, Huggins, Anderson, Anthony, Bailey, Ballentine, Battle, Cooper, Hardwick, Harrell, Harrison, Hiott, Limehouse, Mahaffey, Norman, Owens, Perry, Sandifer, Scarborough, Sinclair, W. D. Smith and Stewart: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
Referred to Committee on Ways and Means

H. 4801 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 14-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASTERS-IN-EQUITY FEES, SO AS TO REVISE THE MAXIMUM COMMISSION ON CERTAIN SALES OF LAND AND THE FEE FOR PREPARATION OF A DEED.
Referred to Committee on Judiciary

S. 798 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 41-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF USING TOBACCO PRODUCTS OUTSIDE OF THE WORKPLACE AS THE BASIS FOR TAKING A PERSONNEL ACTION AGAINST AN EMPLOYEE, SO AS TO AUTHORIZE AN EMPLOYER TO ADVERTISE FOR NONSMOKER EMPLOYEES AND DESIGNATE IN HIS ADVERTISEMENT THAT THE WORKPLACE IS A NONSMOKING ENVIRONMENT.
Referred to Committee on Labor, Commerce and Industry

S. 1050 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FAMILY COURT REFORM ACT OF 2006", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, SO AS TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT

S. 1146 (Word version) -- Senators Campsen and Gregory: A BILL TO AMEND SECTION 50-21-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1210 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO REPRESENTATION OF PARTIES AND INTERVENORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2976, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 1211 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION,

The following was introduced:

H. 4799 (Word version) -- Reps. Branham, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, 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 EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CHALOKLOWA CHICKASAW INDIAN PEOPLE ON RECEIVING THE DISTINGUISHED HONOR OF BEING GRANTED RECOGNITION AS A "GROUP" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.

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

The following was introduced:

H. 4802 (Word version) -- Reps. J. R. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE SILVER BLUFF HIGH SCHOOL NAVY JUNIOR RESERVE OFFICER TRAINING CORPS FOR ITS OUTSTANDING WIN OF THE 2006 NJROTC STATE CHAMPIONSHIP AND FOR ITS IMPRESSIVE SECOND AND FIFTH PLACE WINS OF THE EAST COAST REGION AND NAVY NATIONALS, AND TO WISH THE TEAM MEMBERS AND THEIR INSTRUCTORS ALL THE BEST IN FUTURE COMPETITION.

The Resolution was adopted.

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

H. 4803 (Word version) -- Reps. J. R. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the team members, instructors, and school officials of the Silver Bluff Navy Junior Reserve Officer Training Corps at a date and time to be determined by the Speaker to honor and recognize them for their outstanding win of the 2006 NJROTC State Championship and for their impressive second and fifth place wins of the East Coast Region and Navy Nationals, and to wish the team and its instructors all the best in future competition.

The Resolution was adopted.

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

Allen                  Anderson               Anthony
Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Hagood                 Haley
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Mitchell               J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Walker
Weeks                  White                  Witherspoon
Young

I came in after the roll call and was present for the Session on Tuesday, March 14.

G.R.Smith                         Lewis E. Pinson
Paul Agnew                        Glenn Hamilton
Converse Chellis                  Denny Neilson
Bessie Moody-Lawrence             Dwight Loftis
William Bowers                    Thad Viers
Todd Rutherford                   Bill Cotty
Jerry Govan                       Fletcher Smith
William R. "Bill" Whitmire        Jackson "Seth"  Whipper

The SPEAKER granted Rep. HARVIN a leave of absence for the day due to follow up treatment at MUSC.

Rep. TRIPP signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 9.

Announcement was made that Dr. William H. Richardson of Columbia is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or

Bill Number:   H. 3907 (Word version)
Date:   ADD:
03/14/06   DUNCAN

Bill Number:   H. 4503 (Word version)
Date:   ADD:
03/14/06   HINSON

Bill Number:   H. 4503 (Word version)
Date:   ADD:
03/14/06   DAVENPORT

Bill Number:   H. 4502 (Word version)
Date:   ADD:
03/14/06   DAVENPORT

Bill Number:   H. 4502 (Word version)
Date:   ADD:
03/14/06   HINSON

Bill Number:   H. 4595 (Word version)
Date:   ADD:
03/14/06   BINGHAM

Bill Number:   H. 4794 (Word version)
Date:   ADD:
03/14/06   AGNEW

Bill Number:   H. 4794 (Word version)
Date:   ADD:
03/14/06   J. R. SMITH

Bill Number:   H. 4502 (Word version)
Date:   ADD:
03/14/06   MAHAFFEY

Bill Number:   H. 4681 (Word version)
Date:   ADD:
03/14/06   G. R. SMITH

Bill Number:   H. 4681 (Word version)
Date:   ADD:
03/14/06   E. H. PITTS

Bill Number:   H. 4681 (Word version)
Date:   ADD:
03/14/06   BALLENTINE

Bill Number:   H. 4681 (Word version)
Date:   ADD:
03/14/06   HUGGINS

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

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

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.

Rep. TOWNSEND explained the Joint Resolution.

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.

Rep. TOWNSEND explained the Joint Resolution.

The following Joint Resolution was taken up:

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.

Rep. TOWNSEND explained the Joint Resolution.

Rep. DUNCAN made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number

The following Joint Resolution was taken up:

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, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

H. 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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3652MM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 22-3-10(12) of the 1976 Code, as added by Act 48 of 1997, is amended to read:

"(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land;. As to an ejectment action pursuant to Section 27-37-10 arising out of a commercial lease relationship:

(a)   the magistrate has unlimited jurisdiction over a commercial ejectment action; and

(b)   the magistrate shall sever and transfer all claims, compulsory counterclaims, or permissive counterclaims the commercial tenant files which exceed the jurisdictional limit as provided in Section 22-3-30; except that the magistrate shall retain jurisdiction of the commercial ejectment action;"
SECTION   2.   Section 22-3-30 of the 1976 Code, as last amended by Act 48 of 1997, is further amended to read:

"Section 22-3-30.   (A)   When a counterclaim is filed which if successful would exceed the magistrates' civil jurisdictional amount as provided in Section 22-3-10, then the initial claim and counterclaim must be transferred to the docket of the common pleas court for that judicial circuit.

(B)   Notwithstanding subsection (A), a counterclaim in an ejectment action filed pursuant to Section 27-37-10 and arising out of a

"Section 27-33-40.   (A)   The judges of the circuit courts and county courts in this State shall have concurrent jurisdiction with and may exercise all of the duties and powers conferred upon magistrates by any the provisions of Chapters 33 through 41 of this Title 27.

(B)   Notwithstanding subsection (A), an ejectment action arising out of a commercial lease agreement which is filed in magistrate's court must not be transferred to the circuit court, regardless of the amount of the claim. The magistrate shall sever other claims, compulsory counterclaims, or permissive counterclaims filed by the tenant in a commercial ejectment action and transfer them to the circuit court, while maintaining jurisdiction over the original commercial ejectment action as provided in Section 22-3-10(12)."
SECTION   4.   Section 27-37-60 of the 1976 Code is amended to read:

"Section 27-37-60.   (A)   If the a residential tenant appear appears and contest contests ejectment, the magistrate shall forthwith hear and determine the case as any other civil case, allowing trial by jury if demanded by either party.

(B)   If a commercial tenant appears and contests ejectment, the magistrate shall hear and determine the case as any other civil case. Upon motion of either party or upon his own motion, the magistrate may order that the case be heard at the next term of court following the tenant's appearance. The court may order the tenant to tender payment for all rent due and accruing as of and during the pendency of the action. The order may require the payments to be made directly to the commercial landlord or through the magistrate's office. If payments are to be made through the magistrate's office, a fee of three percent of the rental payment must be added to the amount paid through the office. Upon failure of the tenant to tender rent due within five days of the magistrate's order or as it accrues during pendency of the action, the tenant is considered to have waived his right to a jury trial and the action must be placed on the nonjury docket for consideration like any other civil case."
SECTION   5.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. CLEMMONS proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18227MM06), which was adopted:
Amend the bill, as and if amended, Section 27-37-60(B) as contained in SECTION 4, by deleting subsection (B) in its entirety and inserting:
/   (B)   If a commercial tenant appears and contests ejectment, the magistrate shall hear and determine the case as any other civil case. Upon motion of either party or upon his own motion, the magistrate may order that the case be heard at the next term of court following the tenant's appearance. The court may order the tenant to tender payment for all rent due and accruing as of and during the pendency of the action. The order may require the payments to be made either directly to the commercial landlord or to the clerk of court, to be held until final disposition of the case, or through the magistrate's office. If payments are to be made through the magistrate's office, a fee of three percent of the rental payment must be added to the amount paid through the office. Upon failure of the tenant to tender rent due within five days of the magistrate's order or as it accrues during pendency of the action, the tenant is considered to have waived his right to a jury trial and the action must be placed on the nonjury docket for consideration like any other civil case." /
Renumber sections to conform.
Amend title to conform.

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

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

The following Concurrent Resolution was taken up:

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 ALL SOUTH CAROLINIANS AS WELL AS FOR THE

Whereas, Lake Wateree a scenic and recreational gem in the Midlands and one of South Carolina's premier fishing and boating destinations, is surrounded by Fairfield, Kershaw, and Lancaster Counties and has over 216 miles of shoreline and a 13,700 acre reservoir; it includes a state park, bird refuge, and Shaw Air Force Base Recreation Center; and

Whereas, Lake Wateree was created in 1920 when the Wateree River was dammed. The Duke Power Company owns and manages Lake Wateree and operates dams on Lake Wateree under the authority granted by the Federal Emergency Regulatory Commission. Annually approximately 840 mega watts of electricity are produced from these hydroelectric plants on Lake Wateree; and

Whereas, flooding on Lake Wateree is a recurring problem that not only results in public health and water quality concerns but also creates risks to human life, damage to property, and clean up costs and greatly impairs access to and the ability of lake residents, as well as all South Carolinians, to utilize and enjoy this outstanding recreational resource; and

Whereas, commensurate with the benefits Duke Power receives as generator of hydroelectric power on Lake Wateree are the duties and responsibilities of being a good steward of this natural resource and a protector of the people entitled to the use and enjoyment of this recreational treasure; and

Whereas, the operation and management of proper flood control on Lake Wateree are vital to the residents and economy of Fairfield, Kershaw, and Lancaster Counties, as well as to the State at large, and it is incumbent that this flooding issue be expeditiously addressed. Now, therefore,

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

That the South Carolina General Assembly, by this resolution urges Duke Power Company to develop and operate adequate flood control

Be it further resolved that a copy of this resolution be provided to Duke Power Company, the Department of Health and Environmental Control, the Department of Natural Resources, the Department of Parks, Recreation and Tourism, and the Federal Energy Regulatory Commission.

The Concurrent Resolution was adopted and sent to the Senate.

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

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Wednesday, March 15, 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, Rice, Mahaffey, Hinson and Davenport: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES; TO

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, March 15, 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, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO

Rep. OWENS moved to adjourn debate upon the following Bill until Tuesday, March 21, which was adopted:

H. 4350 (Word version) -- Reps. G. R. Smith, Hamilton, Vaughn, Leach and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-222 SO AS TO

The following Bill was taken up:

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, Vick and Bingham: 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.

Rep. BALES proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12283AC06):
Amend the bill, as and if amended, by deleting Section 40-59-35(I) on page 3 of the bill.
Renumber sections to conform.
Amend title to conform.

Rep. BALES explained the amendment.

Rep. BALES moved to adjourn debate on the Bill until Wednesday, March 15, which was agreed to.

Rep. HARRISON 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. 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.
Ordered for consideration tomorrow.

The following was introduced:

H. 4805 (Word version) -- Reps. Hinson, Dantzler, Jefferson, Merrill and Umphlett: A HOUSE RESOLUTION TO CONGRATULATE THE STRATFORD HIGH SCHOOL BASEBALL TEAM OF BERKELEY COUNTY ON ITS MOST IMPRESSIVE AAAA BASEBALL STATE CHAMPIONSHIP AND TO HONOR THE PLAYERS AND THEIR HEAD COACH, JOHN CHALUS, ON AN INCREDIBLE SEASON.

The Resolution was adopted.

The following was introduced:

H. 4806 (Word version) -- Reps. Bales, Ballentine, Brady, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Rutherford, Scott and J. E. Smith: A HOUSE RESOLUTION TO CONGRATULATE THE LOWER RICHLAND HIGH SCHOOL GIRLS BASKETBALL TEAM OF RICHLAND COUNTY ON ITS MOST IMPRESSIVE STATE AAAA BASKETBALL CHAMPIONSHIP TITLE, AND TO HONOR ITS PLAYERS AND COACH DEBBIE STROMAN ON ANOTHER EXTRAORDINARY SEASON.

The Resolution was adopted.

The following was introduced:

H. 4807 (Word version) -- Reps. Ballentine, Leach, Hamilton, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, 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 HONOR AND COMMEND MITSY BALLENTINE, THE BELOVED MOTHER OF OUR ESTEEMED COLLEAGUE, REPRESENTATIVE NATHAN BALLENTINE, FOR HER OUTSTANDING SERVICE FOR OVER THIRTY YEARS TO GREENVILLE TECHNICAL COLLEGE UPON HER RETIREMENT AND TO WISH HER THE BEST OF HEALTH AND MUCH HAPPINESS IN HER RETIREMENT AS SHE ENJOYS MORE TIME WITH HER ADORED GRANDCHILDREN SARAH, J. C., AND EMMA.

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

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

H. 4808 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS

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

H. 3804 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-136 SO AS TO REQUIRE A CURRENTLY LICENSED BEER AND WINE WHOLESALER OR AN ALCOHOLIC LIQUOR

Rep. JENNINGS moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

At 12:45 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R237, S. 353 (Word version)) -- Senator McConnell: AN ACT TO AMEND CHAPTER 15, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTS AND PILOTAGE, SO AS TO REVISE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE FOR VARIOUS PORTS, PROVIDE FOR COMMISSIONERS OF PILOTAGE FOR THE UPPER COASTAL AREA AND FOR THE LOWER COASTAL AREA, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS AND APPRENTICES ARE LICENSED, TRAINED, AND REGULATED.

(R238, S. 490 (Word version)) -- Senator Land: AN ACT TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE THE LIEN FOR MUNICIPAL TAXES IN A MUNICIPALITY WHICH SEPARATELY COLLECTS PROPERTY TAX A FIRST LIEN ON THE PROPERTY CONTINUING UNTIL THE DEBT IS DISCHARGED IN FULL; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE OVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY; TO AMEND SECTION 12-51-90, AS AMENDED, RELATING TO REDEMPTION OF REAL PROPERTY FOLLOWING ITS SALE FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT THE TAX DEED IS INCONTESTABLE TWELVE

(R239, S. 961 (Word version)) -- Senators McConnell, Ford, Knotts and Mescher: AN ACT 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.

(R240, S. 1026 (Word version)) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. V. Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT AND TO APPROPRIATE FROM THE SAME SOURCE $13,094,604 TO THE STATE DEPARTMENT OF EDUCATION FOR PARTS AND FUEL FOR THE SCHOOL BUS FLEET.

(R241, S. 1097 (Word version)) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE

(R242, S. 1098 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO ADD AND DELETE A VOTING PRECINCT IN WILLIAMSBURG COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THE AFFECTED PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

(R243, S. 1136 (Word version)) -- Senators Knotts, Cromer, Setzler and Courson: AN ACT TO AMEND ACT 378 OF 2004, THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY RELIEF ACT, SO AS TO PROVIDE THAT THE REVENUES ALLOTTED TO A SCHOOL DISTRICT BE USED TO PROVIDE A NONREFUNDABLE CREDIT AGAINST THE SCHOOL PROPERTY TAX LIABILITY ON PROPERTY TAXABLE IN THE DISTRICT AND THAT THE LIABILITY BE DETERMINED BY USING THE APPRAISED VALUE OF THE TAXABLE PROPERTY BEFORE THE HOMESTEAD EXEMPTION IN SECTION 12-37-250.

(R244, H. 3554 (Word version)) -- Rep. Huggins: AN ACT TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A SELF-INSURER FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT AN IRREVOCABLE LETTER OF CREDIT ISSUED BY A BANK CHARTERED IN THIS STATE OR A MEMBER BANK OF THE FEDERAL RESERVE SYSTEM MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES IN LIEU OF THE CASH DEPOSIT REQUIRED TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY OF A POTENTIAL SELF-INSURER, AND TO PROVIDE THAT A PERSON OR COMPANY THAT QUALIFIES AS A SELF-INSURER MAY ISSUE CERTIFICATES OF INSURANCE FOR ALL PURPOSES ONLY ON THE VEHICLES REGISTERED IN THE APPLICANT'S NAME;

(R245, H. 3580 (Word version)) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks, Phillips, Rhoad, Rice, Simrill, D.C. Smith, G.R. Smith, J.E. Smith, Taylor, Townsend, Umphlett, Witherspoon, Talley and McLeod: AN ACT TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR MEMBERS OF THE STATE GUARD AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.

(R246, H. 3993 (Word version)) -- Rep. Edge: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.

(R247, H. 4015 (Word version)) -- Rep. White: AN ACT TO AMEND SECTIONS 40-47-910, 40-47-935, 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, 40-47-980, 40-47-1000, 40-47-1010, AND 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO INCLUDE THE DEFINITION OF ALTERNATE SUPERVISING PHYSICIAN AND SUPERVISING PHYSICIAN; TO PROVIDE THAT ONLY PHYSICIANS ASSISTANTS HOLDING A PERMANENT LICENSE MAY PRESCRIBE DRUG THERAPY; TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION AND PROVIDE EXCEPTIONS; TO CLARIFY THE REQUIREMENTS FOR OFF-SITE PRACTICE; TO PROVIDE THAT PATIENT CHARTS FOR PATIENTS SEEN BY A PHYSICIAN ASSISTANT IN A SUPERVISOR'S ABSENCE MUST BE REVIEWED BY THE SUPERVISING PHYSICIAN OR ALTERNATE WITHIN FIVE WORKING DAYS AND TO PROVIDE AN EXCEPTION; TO PROVIDE LIMITED CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY; TO CLARIFY THAT THE PHYSICIAN ASSISTANT PRACTICE IS LIMITED TO THE SUPERVISING PHYSICIAN'S SCOPE OF PRACTICE; TO PROVIDE FOR THE CONDUCT OF INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS; TO PROVIDE THAT A LICENSE MAY BE RENEWED BIENNIALLY; TO PROVIDE REFERENCES; TO CHANGE CERTAIN REFERENCES FROM BOARD TO COMMITTEE; AND TO PROVIDE THAT MONETARY FEES MAY BE DECREASED OR INCREASED BIENNIALLY FOR PHYSICIAN ASSISTANTS.

(R248, H. 4190 (Word version)) -- Rep. Leach: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY, TO REDESIGNATE A MAP NUMBER

(R249, H. 4294 (Word version)) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BAMBERG, SOUTH CAROLINA, TO THE CITY OF BAMBERG AND OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN LAKE CITY, SOUTH CAROLINA, TO THE CITY OF LAKE CITY.

(R250, H. 4296 (Word version)) -- Reps. Altman, Mahaffey, Toole and Perry: AN ACT TO AMEND SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN, PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED TERRAPIN FOR A COMMERCIAL PURPOSE, PROVIDE THAT A PERSON MAY POSSESS NO MORE THAN TWO DIAMOND-BACKED TERRAPIN FOR A NONCOMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.

(R251, H. 4513 (Word version)) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M.A. Pitts: AN ACT TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO NO LATER THAN JUNE 1, 2006.

(R252, H. 4526 (Word version)) -- Reps. J.R. Smith, Clyburn, Perry, D.C. Smith, Stewart and Clark: AN ACT TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN

(R253, H. 4594 (Word version)) -- Reps. Vick, Witherspoon, Clemmons and Hardwick: AN ACT 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 FOR A PERIOD OF TIME EXCEEDING THIRTY YEARS 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.

(R254, H. 4666 (Word version)) -- Rep. Branham: AN ACT TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED AT THE GENERAL ELECTION IN NOVEMBER; TO PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE FOUR YEARS; TO PROVIDE FOR THE EXPIRATION OF TERMS OF MEMBERS CURRENTLY SERVING; TO PROVIDE FOR FILING DATES; AND TO PROVIDE THAT STATEMENTS OF CANDIDACY CURRENTLY ON FILE WITH THE COUNTY ELECTION COMMISSION FOR THE MAY 2006 ELECTION MUST BE VACATED AND A NEW FILING DATE SET FOR THE NOVEMBER 2006 ELECTION.

(R255, H. 4738 (Word version)) -- Rep. Coleman: AN ACT TO AMEND ACT 1079 OF 1958, RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, SO AS TO INCREASE THE SIZE OF THE COMMISSION FROM FIVE MEMBERS TO SEVEN MEMBERS AND TO REVISE THE METHOD OF THEIR APPOINTMENT.

The Senate returned to the House with concurrence the following:

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".

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.

At 1:00 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Lawrence Graham, Sr., of Camden, to meet at 10:00 a.m. tomorrow.

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