South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 1770 . . . . . Thursday, March 23, 2006

Thursday, March 23, 2006
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Isaiah 46:4: "I have made you and I will carry you; I will sustain you and I will rescue you."
Let us pray. O Lord our God, help us through the uncertainty of life. Even though we do not understand prayer anymore than we understand the full wonder of You, help us to know Your mercy and goodness in our lives and the lives of others. Give each of these Representatives and staff the assurance of Your commitment to them. Bless our Nation, President, State, Governor and leaders. Protect and keep our defenders of freedom as they protect us. In the name of the Lord 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.

MOTION ADOPTED

Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Thomas C. Owens of Johnston, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of William Means Bowling of Greenville, father-in-law of Representative Fletcher Smith.

MESSAGE FROM THE SENATE

Columbia, S.C., March 22, 2006
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:04 p.m. on Thursday, March 23, 2006, for the purpose of Ratifying Acts.


Printed Page 1771 . . . . . Thursday, March 23, 2006

Very respectfully,
President

On motion of Rep. LEACH the invitation was accepted.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 22, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 249, H. 4294 by a vote of 45 to 0:

(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.

Very respectfully,
President
Received as information.

H. 4671--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., March 22, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4671:

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


Printed Page 1772 . . . . . Thursday, March 23, 2006

HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DECISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM

Printed Page 1773 . . . . . Thursday, March 23, 2006

FOR THE TERMS "HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.

Very respectfully,
President

On motion of Rep. G. M. SMITH, the House insisted upon its amendments.


Printed Page 1774 . . . . . Thursday, March 23, 2006

Whereupon, the Chair appointed Reps. G. M. SMITH, HARRISON and F. N. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

INVITATIONS

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

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the All Industry Council, the Members and staff of the South Carolina House of Representatives are invited to a reception. This event will be held on Tuesday, April 4, 2006, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Diane Cook
AIC Chairman

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Aviation Association, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 5, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Katie English
Administrative Manager


Printed Page 1775 . . . . . Thursday, March 23, 2006

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Agriculture and Food Industry Council, the Members and staff of the South Carolina House of Representatives are invited to "A South Carolina Taste". This event will be held on Wednesday, April 5, 2006, from 11:00 a.m. until 2:00 p.m. on the State House Grounds.

Sincerely,
Mary Ridgeway
Chairman

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Petroleum Marketers Association, the Members of the South Carolina House of Representatives are invited to reception. This event will be held on Wednesday, April 5, 2006, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.

Sincerely,
June Hartley
Office Manager

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 1776 . . . . . Thursday, March 23, 2006

Dear Chairman Leach:

On behalf of the South Carolina Tobacco Collaborative, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, April 6, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Renee Martin
Executive Director

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina State Firefighters' Association, the Members and staff of the South Carolina House of Representatives are invited to a luncheon. This event will be held on Tuesday, April 18, 2006, upon adjournment on the State House Grounds.

Sincerely,
Chief Harry Rountree
President

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Citadel Alumni Association, the Members and staff of the South Carolina House of Representatives are invited to a reception. This event will be held on Tuesday, April 18, 2006, from 6:30 p.m. until 10:00 p.m. at the Cantey Building, State Fair Grounds.

Sincerely,
Wallace I. West
Assistant Director


Printed Page 1777 . . . . . Thursday, March 23, 2006

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Alliance of Boys and Girls Clubs, the Members of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 19, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Greg Tolbert
President/Chief Professional Officer

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Hospitality Association of South Carolina, the Members and staff of the South Carolina House of Representatives are invited to "A Taste of South Carolina". This event will be held on Wednesday, April 19, 2006, from 12:00 noon until 2:00 p.m. on the State House Grounds.

Sincerely,
Stacey Jewett
Director of Marketing

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 1778 . . . . . Thursday, March 23, 2006

Dear Chairman Leach:

On behalf of the South Carolina Junior Golf Foundation with Willy's and The Blue Marlin, the Members and staff of the South Carolina House of Representatives are invited to "The Annual Legislator Appreciation Night and Celebration of Golf". This event will be held on Wednesday, April 19, 2006, from 6:00 p.m. until 8:00 p.m. at Willy's and The Blue Marlin.

Sincerely,
Tim Kreger
Director of Development

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Junior Golf Foundation, the Members and staff of the South Carolina House of Representatives are invited to "The Legislative Golf Tournament". This event will be held on Thursday, April 20, 2006, beginning at 1:30 p.m. at Columbia Country Club.

Sincerely,
Tim Kreger
Director of Development

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Ambulatory Surgery Centers Association, the Members and staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, April 20, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.


Printed Page 1779 . . . . . Thursday, March 23, 2006

Sincerely,
Maria I. Sample, RN MSN CASC
President

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Beer Wholesalers Association, the Members and staff of the South Carolina House of Representatives are invited to a BBQ and reception. This event will be held on Tuesday, April 25, 2006, from 6:00 p.m. until 8:00 p.m. at 1114 College Street.

Sincerely,
Richard V. Bridges, Jr.
Chairman

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Beach Music Association International, the Members and staff of the South Carolina House of Representatives are invited to "SC Beach Music Day and Miss SC Day". This event will be held on Wednesday, April 26, 2006, from 12:00 noon until 3:00 p.m. on the State House Grounds.

Sincerely,
Harry Turner
President

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee


Printed Page 1780 . . . . . Thursday, March 23, 2006

503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Spartanburg Area Chamber of Commerce, the Members and staff of the South Carolina House of Representatives are invited to the "Spartanburg County Day" Legislative Reception. This event will be held on Wednesday, April 26, 2006, from 6:00 p.m. until 8:00 p.m. at The University House.

Sincerely,
Lee Blair
Executive Vice President

January 20, 2006
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of Health Sciences South Carolina, the Members and staff of the South Carolina House of Representatives are invited to a breakfast. This event will be held on Thursday, April 27, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Judy Cotchett Smith
Executive Director

REPORT OF STANDING COMMITTEE

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

H. 4509 (Word version) -- Reps. Kennedy, Harrison, Hosey, Scott, Moody-Lawrence, Clyburn, Hodges, Jefferson, Miller and Rivers: A BILL TO AMEND SECTION 20-7-945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF A LICENSE OF A PERSON WHO IS OUT OF COMPLIANCE WITH AN ORDER FOR CHILD SUPPORT, SO AS TO PROVIDE


Printed Page 1781 . . . . . Thursday, March 23, 2006

THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PURSUANT TO THIS SECTION MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4876 (Word version) -- Reps. Simrill, Delleney, Emory, Kirsh, McCraw, Moody-Lawrence, Norman and E. H. Pitts: A HOUSE RESOLUTION TO CONGRATULATE PROFESSOR CHRISTINE P. CROSBY OF YORK COUNTY ON BEING NAMED THE 2005 GOVERNOR'S PROFESSOR OF THE YEAR FROM TWO-YEAR INSTITUTIONS AND TO RECOGNIZE HER FOR TWENTY-SEVEN YEARS OF EXCELLENCE IN TEACHING AND PUBLIC SERVICE.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4877 (Word version) -- Reps. Clemmons, Cotty, Ballentine, Agnew, G. M. Smith, Talley, Lucas, McGee and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-7-15 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, AND TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION.
Referred to Committee on Judiciary

H. 4878 (Word version) -- Reps. Jennings, Witherspoon, Frye, Clark, Hodges, Clyburn, Hosey, Vick, Anthony, Hayes, Bales, Bannister, Battle, Breeland, J. Brown, R. Brown, Cato, Dantzler, Delleney, Hamilton, Hardwick, J. Hines, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, Neilson, Phillips, G. R. Smith, Stewart, Vaughn and Walker:


Printed Page 1782 . . . . . Thursday, March 23, 2006

A BILL TO AMEND SECTION 50-9-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFETIME COMBINATION LICENSES, SO AS TO REVISE AND INCREASE THE PRIVILEGES WHICH THE HOLDER OF THIS LICENSE IS GRANTED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4879 (Word version) -- Reps. Vaughn, Walker, Pinson, Owens, Townsend, Loftis, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Leach, Littlejohn, Mahaffey, Merrill, E. H. Pitts, Rice, G. R. Smith, Taylor and Tripp: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR THE ELECTION OF THE MEMBERS OF THE BOARD BY THE GENERAL ASSEMBLY FROM THE CONGRESSIONAL DISTRICTS OF THE STATE AND FROM THE STATE AT LARGE WITH ONE MEMBER APPOINTED BY THE GOVERNOR AND TO NUMBER THE SEATS, PROVIDE THE TERMS, PROVIDE FOR VACANCIES, PROVIDE FOR REMOVAL OF A MEMBER, AND PROVIDE THAT A PERSON MAY NOT SERVE ON THE BOARD IF A MEMBER OF HIS IMMEDIATE FAMILY IS EMPLOYED BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT.
Referred to Committee on Education and Public Works

H. 4880 (Word version) -- Reps. Vaughn, Loftis, Walker, Pinson, Owens, E. H. Pitts, Townsend, Leach, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Littlejohn, Mahaffey, Merrill, Rice, G. R. Smith, Taylor and Tripp: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE COMPOSITION OF THE BOARD AND PROVIDE THAT THE COMPOSITION OF THE BOARD MUST BE AS THE GENERAL ASSEMBLY SHALL SPECIFY BY LAW.
Referred to Committee on Education and Public Works

H. 4881 (Word version) -- Reps. Cobb-Hunter, Mitchell, Clyburn, Hosey, Hodges, Govan, Howard, J. H. Neal, J. Hines, Funderburk, Haley, Mack,


Printed Page 1783 . . . . . Thursday, March 23, 2006

Branham, Breeland, J. Brown, R. Brown, Hardwick, M. Hines, Hinson, Jefferson, McCraw, McGee, Ott, Rivers, Scott, F. N. Smith, Vaughn, Weeks, Whipper and Young: A JOINT RESOLUTION TO CREATE THE CHRONIC KIDNEY DISEASE TASK FORCE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING DEVELOPING A PLAN TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT EARLY SCREENING, DIAGNOSIS, AND TREATMENT AND PROVIDING RECOMMENDATIONS FOR IMPLEMENTATION OF SUCH A PLAN; AND TO REQUIRE THE TASK FORCE TO SUBMIT ITS REPORT AND RECOMMENDATIONS BEFORE THE 2007 LEGISLATIVE SESSION, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4882 (Word version) -- Reps. Cooper, Edge, Leach, Ott, Simrill, J. H. Neal, Kennedy, J. R. Smith, Anthony, Bannister, Battle, Breeland, G. Brown, J. Brown, Cato, Clemmons, Duncan, Hamilton, Haskins, Hinson, Hiott, Hodges, Jefferson, Jennings, Kirsh, Littlejohn, Lucas, Mahaffey, Owens, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scott, Skelton, G. R. Smith, J. E. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, Walker and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-9-130 SO AS TO PROVIDE THAT SOUTH CAROLINA STATE HOSPITAL PROPERTY UNDER THE CONTROL OF OR ASSIGNED TO THE DEPARTMENT OF MENTAL HEALTH THAT IS NOT IN USE MAY BE SOLD OR LEASED, TO DEPOSIT PROCEEDS FROM SUCH SALE OR LEASE OF PROPERTY INTO A RESTRICTED ACCOUNT, TO PROVIDE THAT THESE FUNDS MUST BE USED TO SUPPORT ADULT LONG-TERM CARE, ACUTE CARE, AND FORENSIC SERVICES, TO PROHIBIT THE DEPARTMENT FROM USING THESE FUNDS TO SUPPLANT ITS CURRENT LEVEL OF APPROPRIATED FUNDING, AND TO REQUIRE THE DEPARTMENT TO REPORT QUARTERLY ON THE USE OF THESE FUNDS.
Referred to Committee on Ways and Means

H. 4887 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-691 SO AS TO PROVIDE THAT THE SOUTH CAROLINA


Printed Page 1784 . . . . . Thursday, March 23, 2006

ALPHABET USING SYMBOLS OF OUR STATE TO DENOTE PARTICULAR LETTERS AS TRADEMARKED IN THE OFFICE OF THE SECRETARY OF STATE IS DESIGNATED AS THE OFFICIAL ALPHABET OF THE STATE OF SOUTH CAROLINA.
Referred to Committee on Education and Public Works

H. 4888 (Word version) -- Reps. Rice and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-635 SO AS TO IMPOSE AN ADDITIONAL TAX OF 1.5 CENTS PER CIGARETTE AND TO PROVIDE THAT THIS TAX MUST BE INCREASED .25 CENT PER CIGARETTE ANNUALLY FOR TWO YEARS BEGINNING ONE YEAR AFTER THIS TAX TAKES EFFECT; TO ESTABLISH THE YOUTH SMOKING PREVENTION AND CESSATION FUND INTO WHICH MUST BE DEPOSITED FOUR PERCENT OF THE REVENUE GENERATED FROM THE IMPOSITION OF THIS TAX TO BE USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR YOUTH SMOKING PREVENTION AND CESSATION PROGRAMS; TO PROVIDE THAT ONE PERCENT OF THE REVENUE GENERATED FROM THE IMPOSITION OF THIS TAX MUST BE CREDITED TO THE DEPARTMENT OF AGRICULTURE FOR RESEARCH AND PROMOTION OF HEALTHY LIFESTYLES WITH FOOD GROWN IN THIS STATE; AND TO ESTABLISH THE SOUTH CAROLINA HEALTH AND PREVENTION FUND AND TO PROVIDE THAT THE REMAINING REVENUE GENERATED BY THIS TAX MUST BE CREDITED TO THIS FUND AND APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY TO CRITICAL PROGRAMS THAT MEET THE HEALTH NEEDS OF SOUTH CAROLINIANS, INCLUDING USING SUCH FUNDS FOR MEDICAID MATCHING FUNDS.
Referred to Committee on Ways and Means

H. 4889 (Word version) -- Reps. Bingham, Perry, Bales, G. Brown, Cato, Chellis, Dantzler, Ott, Sandifer, J. E. Smith, Thompson and Tripp: A BILL TO AMEND SECTION 56-10-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO AUTHORIZE THE CANCELLATION OF A CONTRACT OR INSURANCE POLICY IF THE INSURED FAILS TO PAY THE


Printed Page 1785 . . . . . Thursday, March 23, 2006

PREMIUM FOR THE POLICY OR AN INSTALLMENT OF THE PREMIUM WHEN IT IS DUE.
Referred to Committee on Labor, Commerce and Industry

H. 4890 (Word version) -- Reps. D. C. Smith, J. R. Smith, Anthony, Bales, Clyburn, McCraw and Phillips: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO INCLUDE MENTAL CRUELTY AS A GROUND FOR DIVORCE.
Referred to Committee on Judiciary

H. 4891 (Word version) -- Reps. D. C. Smith, J. R. Smith, Anthony, Bales, Clyburn, McCraw and Phillips: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGE, SO AS TO INCLUDE MENTAL CRUELTY AS A GROUND FOR DIVORCE.
Referred to Committee on Judiciary

S. 301 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT A QUALIFIED ELECTOR MEETING CERTAIN REQUIREMENTS MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT BY MAIL, AND THAT ANY QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT IN ANY ELECTION IN WHICH HE IS ENTITLED TO VOTE FOR ANY REASON IF THE QUALIFIED ELECTOR APPEARS IN PERSON TO CAST AN ABSENTEE BALLOT AS PROVIDED BY LAW.
Referred to Committee on Judiciary

S. 1175 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION


Printed Page 1786 . . . . . Thursday, March 23, 2006

PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT.
Referred to Committee on Ways and Means

HOUSE RESOLUTION

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

H. 4883 (Word version) -- Reps. Govan, 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, 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 HOUSE RESOLUTION TO RAISE AWARENESS OF THE HIGH INCIDENCE OF INFANT MORTALITY AND THE OTHER GRAVE DANGERS OF POOR PRENATAL CARE IN SOUTH CAROLINA AND TO DESIGNATE MARCH 25, 2006 AS LOW COUNTRY HEALTHY START INFANT MORTALITY AWARENESS DAY.

Whereas, the incidence of infant mortality in South Carolina families continues to weigh heavily upon the minds and hearts of the House of Representatives; and

Whereas, the 2005 S.C. Kids Count report indicated that the professional and personal futures of many South Carolina youth are in serious jeopardy due to complications suffered due to poor prenatal care; and


Printed Page 1787 . . . . . Thursday, March 23, 2006

Whereas, Low Country Healthy Start is a community-based program designed to reduce infant mortality and improve pregnancy outcomes in Allendale, Bamberg, Hampton, and Orangeburg Counties; and

Whereas, the program has seen progress in helping mothers receive the education and help they need, and continues to reach out to at-risk populations through prenatal resource coordinators, prenatal outreach workers, and social workers; and

Whereas, on Saturday, March 25, 2006 walkers will assemble at the W. J. Clark Middle School track in Orangeburg for the Low Country Healthy Start's First Annual Infant Mortality Awareness Walk in support and furtherance of the program's efforts; and

Whereas, the House of Representatives recognizes Low Country Healthy Start's objectives as worthy ones and encourages the organization to continue the fight against infant mortality in the promise of a better tomorrow for South Carolina as a whole. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, raise awareness of the high incidence of infant mortality and other grave dangers of poor prenatal care in South Carolina and designate March 25, 2006 as Low Country Healthy Start Infant Mortality Day.

Be it further resolved that a copy of this resolution be forwarded to Virginia Berry White, Program Director of Low Country Healthy Start.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4884 (Word version) -- Reps. McLeod, J. E. Smith, Rutherford, J. H. Neal, J. Brown, Ballentine, Brady, Cotty, Bales, Scott and Howard: A HOUSE RESOLUTION TO RECOGNIZE, COMMEND, AND EXPRESS THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO JOYCE METTS GRIMES


Printed Page 1788 . . . . . Thursday, March 23, 2006

FOR HER YEARS OF DEDICATED AND DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA UPON HER RETIREMENT FROM STATE SERVICE AS LEGISLATIVE REFERENCE LIBRARIAN WITH THE SOUTH CAROLINA LEGISLATIVE COUNCIL, AND TO WISH HER A REWARDING AND BENEFICIAL RETIREMENT AND MUCH SUCCESS IN HER FUTURE ENDEAVORS.

Whereas, Joyce Metts Grimes is retiring as Legislative Reference Librarian for the South Carolina Legislative Council in March of 2006 after thirty-three years of dedicated and distinguished state service; and

Whereas, during her career, Joyce Grimes has had the distinction of serving the citizens of South Carolina in the three branches of government, namely, Legislative, Judicial, and Executive, and has performed her duties in a highly competent and effective manner; and

Whereas, Mrs. Grimes has served the State in prominent positions: as Legislative Reference Librarian and as Assistant to the Code Commissioner in the South Carolina Legislative Council; as administrative assistant to the Senate Medical Affairs Committee; as Circuit Court Liaison for the Division of Court Administration of the Supreme Court of South Carolina; and as executive assistant to the Commissioner, South Carolina Department of Health and Environmental Control; and

Whereas, Mrs. Grimes has been a pioneer in gaining recognition for women employed in state government: at DHEC, she was successful in changing agency policy to permit the use of accumulated sick leave for maternity purposes; she was the first female employee to be classified in a state classification previously available only to males; she initiated management training for DHEC's technically and clerically trained women employees upon their being promoted to agency leadership positions; and she was the guiding spirit and primary author of DHEC's Affirmative Action Report, which included women as a protected category; and

Whereas, Joyce Metts Grimes is a graduate of Limestone College with a B.S. degree in management, and graduated from the University of South Carolina with a Master's degree in library and information science. She has earned designation as an associate public manager


Printed Page 1789 . . . . . Thursday, March 23, 2006

from the State Budget and Control Board, and has received certification as a law librarian from the Hubert H. Humphrey School of Government at the University of Minnesota; and

Whereas, Mrs. Grimes is a guest lecturer of the college of Library and Information Services at the University of South Carolina; is a charter member of the South Carolina Records Managers Association; is a member of the American Association of Law Librarians; and is a former executive secretary of the South Carolina Public Health Association; and

Whereas, throughout her career, Joyce Metts Grimes has served in the highest traditions of public service, and has made many significant contributions to improve and upgrade the working environment for women, and to improve and upgrade the services provided to the members of the General Assembly by the Legislative Council. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, recognize, commend, and express their appreciation to Joyce Metts Grimes for her years of dedicated and distinguished service, and wish her a rewarding and beneficial retirement and much success in her future endeavors.

Be it further resolved that a copy of this resolution be presented to Joyce Metts Grimes.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4885 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO HONOR MARY EMILY AND NELSON JACKSON OF HORRY COUNTY FOR THEIR LIFETIME OF SERVICE TO THEIR COMMUNITY AND THE STATE AND TO DESIGNATE JUNE 2, 2006, AS "MARY EMILY AND NELSON JACKSON DAY" IN SOUTH CAROLINA.


Printed Page 1790 . . . . . Thursday, March 23, 2006

Whereas, the South Carolina House of Representatives takes great pleasure in recognizing those individuals who, through their avocation, contribute in a significant way to the furtherance of South Carolina's economy and who give of their own time, talent, and energy for the betterment of their local community and the State; and

Whereas, Mary Emily and Nelson Jackson of Horry County are certainly South Carolinians and entrepreneurs deserving of special recognition. Married on June 2, 1942, just days before Mr. Jackson joined the United States Army, the couple lived in Tryon, North Carolina, after Mr. Jackson completed his service to his country; and

Whereas, the Jacksons began working together in Tryon as Mr. Jackson started out as a traveling salesman for Cloth of Gold Fabrics, Mrs. Jackson made clothing for their five beautiful daughters from the cloth, and the family often traveled with Dad modeling the dresses made from the fabric he sold; and

Whereas, with the love and support of his family, Nelson Jackson worked his way all the way up to President of Jackson & Jackson, Inc. - Cloth of Gold Fabrics; and

Whereas, so the girls could accompany him more comfortably on the road, Mr. Jackson engineered one of the first fifty motor homes in America out of an old Trailway bus. This innovation would change the course of the family's lives forever; and

Whereas, the family relocated to Myrtle Beach, South Carolina, in 1970 to develop the world-renowned Ocean Lakes Family Campground which opened on July 2, 1971, with thirty campsites and one bathhouse; and

Whereas, the couple spent the better part of their lives and marriage developing The Jackson Companies, which include Ocean Lakes Family Campground, Ocean Lakes Properties, Prestwick Country Club, Ocean Lakes RV Center, Sunway Charters and Tours, Crystal Lake Mobile Home Village, and SayeBrook; and

Whereas, the Jacksons will always be remembered for their contributions to the Myrtle Beach area. They helped put Myrtle Beach on the map on the first day they opened Ocean Lakes Family


Printed Page 1791 . . . . . Thursday, March 23, 2006

Campground, and the campground and the company's other subsidiaries continue to improve the quality of life in the area and add so much to the local and state economy; and

Whereas, Ocean Lakes Family Campground was the first campground in the State to be named National RV Park of the Year by the National Association of RV Parks and Campgrounds, recognizing exceptional operations excellence, community service, association involvement, park promotions, management skills, and education and employee training techniques, and the campground was also the recipient of the prestigious Governor's Cup Award in 2005 which is presented annually to an outstanding organization that has demonstrated a significant tourism-related economic impact on the State and local community and which has markedly improved the quality of life for all South Carolinians; and

Whereas, their economic contributions to the State perhaps unmatched, the couple is also active within their local community and continue to support many charitable organizations. Mary Emily Jackson is the recipient of the First Presbyterian Church Woman of the Year Award and the Converse College Mae Kilgo Alumnae Award, Nelson Jackson is an Order of the Palmetto recipient, both have served on numerous boards of civic organizations over the years, and the couple were honored to receive the Myrtle Beach Area Chamber of Commerce's 2001 Citizen(s) of the Year Award and the House of Representatives District 107 Distinguished Citizens of the Year Award; and

Whereas, the Jacksons are the proud parents of Emily Jackson Vallerino, Laura Jackson Hoy, Katherine Jackson Williamson, Rachael Jackson Gandy, and Jeanne Jackson Mize, and "PoPo" and "MaMo" are happy to boast ten grandchildren and three great grandchildren; and

Whereas, the members of the South Carolina House of Representatives are privileged to honor the Jacksons for their hard work and determination over the years in building a successful family empire and to thank them for allowing the people of South Carolina to share in their success as we have all benefited from that success in countless ways. The lives of Mary Emily and Nelson Jackson so nicely represent a true South Carolina success story worthy of admiration. Now, therefore,


Printed Page 1792 . . . . . Thursday, March 23, 2006

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, honor Mary Emily and Nelson Jackson of Horry County for their lifetime of service to their community and the State and to designate June 2, 2006, as "Mary Emily and Nelson Jackson Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Mary Emily and Nelson Jackson of Horry County.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 4886 (Word version) -- Reps. Ceips, Emory, J. M. Neal, J. H. Neal, McLeod, Agnew, Bailey, Bales, Battle, J. Brown, Funderburk, Harvin, Miller, Neilson, Ott, Rice, Scott, Whitmire and Young: A CONCURRENT RESOLUTION TO REQUEST THE STATE BUDGET AND CONTROL BOARD FROM ITS RESERVE FUNDS TO IMMEDIATELY PROVIDE THE STATE MUSEUM WITH SUFFICIENT FUNDING TO BUY OR OTHERWISE RECLAIM THREE BATTLE FLAGS OF THE AMERICAN REVOLUTIONARY WAR CAPTURED BY LIEUTENANT COLONEL BANASTRE TARLETON DURING THE BATTLE OF THE WAXHAWS (ALSO KNOWN AS BUFORD'S MASSACRE) IN LANCASTER COUNTY ON MAY 29, 1780, AND TO REQUEST THE STATE MUSEUM TO ALSO SEEK PRIVATE FUNDING AND DONATIONS TO HELP SECURE THESE IMPORTANT ARTIFACTS.

Whereas, three battle flags were captured by Lieutenant Colonel Banastre Tarleton during the Battle of the Waxhaws (also known as Buford's Massacre) in Lancaster County, South Carolina on May 29, 1780; and


Printed Page 1793 . . . . . Thursday, March 23, 2006

Whereas, over one hundred American soldiers from the Second and Third Virginia Regiments under the command of Colonel Abraham Buford were killed by British troops after the Americans surrendered; and

Whereas, the action of the British troops, whether ordered by Colonel Tarleton or as a result of retaliation by the British troops who mistakenly believed their commander was killed during battle, inflicted an average of sixteen saber and bayonet wounds on each of the one hundred thirteen dead and one hundred fifty wounded American soldiers; and

Whereas, the Battle of Waxhaws became a rallying cry for the Patriot cause, and it ruined British efforts to regain support from people who were not sure what side of the Revolution they were on; and

Whereas, after the battle, the term "Tarleton's Quarter" came to epitomize the unprovoked slaughter of surrendered combatants; and

Whereas, the flags have descended in the long line of Tarleton's family and have been hung as trophies in the descendants' homes for most of the past two hundred twenty-six years. Currently the banners are owned by Captain Christopher Tarleton Fagan, the great-great-great-great nephew of Colonel Tarleton; and

Whereas, the flags are offered at auction at Sotheby's in New York on "Flag Day", June 14, 2006, and are expected to cost several million dollars; and

Whereas, Revolutionary War battle flags are extremely rare, and South Carolina is fortunate to jointly own through its State Museum with the Smithsonian Institution the regimental colors of the Second Regiment, South Carolina Line, Continental Establishment; and

Whereas, the main battle flag of Buford's Regiment reflects a significant connection to South Carolina. It is made of gold silk with a painted image of a beaver gnawing a palmetto tree with the motto "Perseovrando" underneath and a blue canton of thirteen stars; and


Printed Page 1794 . . . . . Thursday, March 23, 2006

Whereas, significant historical artifacts of this importance should be housed by a major public institution capable of providing appropriate physical and environmental security; and

Whereas, artifacts of this significance also should be available for public exhibition to educate and enhance for all citizens the sacrifice of many soldiers to insure the establishment and survival of this nation. Now, therefore,

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

That the members of the General Assembly, by this resolution, request the State Budget and Control Board from its reserve funds to immediately provide the State Museum with sufficient funding to buy or otherwise reclaim three battle flags of the American Revolutionary War captured by Lieutenant Colonel Banastre Tarleton during the Battle of the Waxhaws (also known as Buford's Massacre) in Lancaster County on May 29, 1780, and to request that the State Museum also seek private funding and donations to help secure these important artifacts.

Be it further resolved that a copy of this resolution be forwarded to the State Budget and Control Board and the State Museum.

Rep. CEIPS explained the Concurrent Resolution.

The question then recurred to the adoption of the Concurrent Resolution.

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

Yeas 109; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               Cato

Printed Page 1795 . . . . . Thursday, March 23, 2006

Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Harvin
Haskins                Herbkersman            J. Hines
M. Hines               Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Mack
Mahaffey               Martin                 McCraw
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                   Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

Total--109

Those who voted in the negative are:

Total--0

So, the Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 1796 . . . . . Thursday, March 23, 2006

RECORD FOR VOTING

I was meeting with constituents from Coastal Carolina University in the lobby of the State House and was not present in the Chamber for the vote on H. 4886. I would have voted in favor of the Resolution.

Rep. Thad Viers

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1266 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE RABBI SANFORD T. MARCUS OF TREE OF LIFE CONGREGATION FOR HIS OUTSTANDING SPIRITUAL LEADERSHIP AND MANY CONTRIBUTIONS TO HIS DEVOTED MEMBERS, TO THE INTERFAITH COMMUNITY, AND TO THE STATE OF SOUTH CAROLINA, AND TO WISH HIM THE VERY BEST UPON HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1273 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN A. MCALLISTER, JR., OF COLUMBIA ON RECEIVING THE ALVAH H. CHAPMAN, JR., DISTINGUISHED LEADERSHIP AWARD FOR 2006 AWARDED BY THE CITADEL SCHOOL OF BUSINESS ADMINISTRATION AND FOR HIS INDUCTION INTO THE CITADEL BUSINESS HALL OF FAME, AND FURTHER TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.

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


Printed Page 1797 . . . . . Thursday, March 23, 2006

ROLL CALL

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

Agnew                  Allen                  Anthony
Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
J. 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                   Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Vick

Printed Page 1798 . . . . . Thursday, March 23, 2006

Viers                  Walker                 White
Whitmire               Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 23.

Carl Anderson                     Jackson "Seth"  Whipper
David Weeks

Total Present--120

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. F. N. SMITH a leave of absence due to a death in the family.

STATEMENT OF ATTENDANCE

Rep. GOVAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 22.

DOCTOR OF THE DAY

Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. HIOTT presented to the House the Pickens High School Volleyball Lady "Blue Flames" Team, the 2005 Class AAA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. LITTLEJOHN presented to the House the Broome High School Lady Centurions Basketball Team, the Class AA Champions, their coaches and other school officials.


Printed Page 1799 . . . . . Thursday, March 23, 2006

CO-SPONSOR ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 4874 (Word version)
Date:   ADD:
03/23/06   LUCAS

ORDERED TO THIRD READING

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

H. 4855 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3040, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. RHOAD explained the Joint Resolution.

H. 4856 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS


Printed Page 1800 . . . . . Thursday, March 23, 2006

WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOFTIS explained the Joint Resolution.

H. 4855--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4855 (Word version) be read the third time tomorrow.

H. 4856--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4856 (Word version) be read the third time tomorrow.

H. 4857--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4857 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 3002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOFTIS explained the Joint Resolution.

Rep. SCARBOROUGH moved to adjourn debate on the Joint Resolution until Tuesday, April 4, which was agreed to.

H. 4858--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4858 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT


Printed Page 1801 . . . . . Thursday, March 23, 2006

NUMBER 3025, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOFTIS explained the Joint Resolution.

Rep. OTT moved to adjourn debate on the Joint Resolution until Tuesday, April 4, which was agreed to.

H. 4317--POINT OF ORDER

The following Bill was taken up:

H. 4317 (Word version) -- Reps. Brady, Funderburk, Mitchell, Bowers, Ballentine, Ceips and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION, WITH LIMITATIONS TO BUILDINGS OF MORE THAN TEN MILLION DOLLARS AND EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill 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.

S. 46--POINT OF ORDER

The following Bill was taken up:

S. 46 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS, A REAL ESTATE LICENSEE WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS


Printed Page 1802 . . . . . Thursday, March 23, 2006

FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.

POINT OF ORDER

Rep. TALLEY made the Point of Order that the Bill 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.

H. 4559--POINT OF ORDER

The following Bill was taken up:

H. 4559 (Word version) -- Reps. G. R. Smith, Allen, Ballentine, Bannister, Dantzler, Haley, Hamilton, Hardwick, Haskins, Hinson, Leach, Loftis, Merrill, F. N. Smith, J. R. Smith, Umphlett and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.

POINT OF ORDER

Rep. TALLEY made the Point of Order that the Bill 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.

H. 4801--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12323SD06), which was adopted:


Printed Page 1803 . . . . . Thursday, March 23, 2006

Amend the bill, as and if amended, Section 14-11-310(2) of the 1976 Code, as contained in SECTION 1, by striking /fifty/ on line 31, page 1 and inserting /seventy-five/. When amended, item (2) shall read:
/   (2)   for the preparation of a deed, a fee of twenty-five seventy-five dollars; /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4801--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 4801 (Word version) be read the third time tomorrow.

H. 4572--REQUESTS FOR DEBATE WITHDRAWN

Reps. DUNCAN, WEEKS, M. A. PITTS, MCLEOD, WITHERSPOON, KENNEDY and RHOAD withdrew their requests for debate on H. 4572 (Word version); however, other requests for debate remained on the Bill.

H. 4848--RECALLED AND REFERRED TO COMMITTEE ON WAYS AND MEANS

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

H. 4848 (Word version) -- Reps. Scott, Govan, Moody-Lawrence, Clyburn, Whipper, Mitchell, Mack, Rutherford, Agnew, Allen, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Coates, Coleman, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Funderburk, Hagood, Hamilton, Hardwick, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, Martin,


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McCraw, McGee, McLeod, Merrill, Miller, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Vick, Walker, Weeks, Whitmire and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 127, TITLE 59 SO AS TO PROVIDE FOR AN ENDOWMENT FUND TO BE FUNDED FROM APPROPRIATIONS FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT FOR THE PURPOSE OF PROVIDING MATCHING FUNDS TO SOUTH CAROLINA STATE UNIVERSITY TO CREATE AN ENDOWED PROFESSORSHIP.

H. 3184--DEBATE ADJOURNED

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

H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper, Cato, G. M. Smith and Weeks: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER


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ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE

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COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.

Rep. MERRILL moved to adjourn debate upon the Senate Amendments until Wednesday, April 5, which was agreed to.

H. 3196--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3196 (Word version) -- Reps. Whitmire, Mahaffey and Sandifer: A BILL TO AMEND SECTION 33-31-708, AS AMENDED, CODE OF LAWS


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OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION TAKEN BY BALLOT OF A NONPROFIT CORPORATION, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC BALLOT.

Rep. SINCLAIR explained the Senate Amendments.

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

H. 3879--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3879 (Word version) -- Reps. M. A. Pitts, Hardwick, Witherspoon, E. H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn, Sandifer, Sinclair, G. R. Smith, W. D. Smith, Umphlett, Duncan and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER ASSISTED REMOTE HUNTING, TO DEFINE COMPUTER ASSISTED REMOTE HUNTING FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Rep. M. A. PITTS explained the Senate Amendments.

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

SENT TO THE SENATE

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

H. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON


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FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360 ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.

H. 4821--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4821 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 139 IN HORRY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 701 IN THE TOWN OF LORIS TO ITS INTERSECTION WITH CANE BRANCH ROAD IN THE CITY OF CONWAY THE "AUSTIN M. ENZOR MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE


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MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AUSTIN M. ENZOR MEMORIAL HIGHWAY".

Whereas, roads and bridges throughout the County of Horry and the State of South Carolina have been named in honor of distinguished citizens who have given of both their time and efforts to improve upon this great State of South Carolina; and

Whereas, Austin M. Enzor born on June 14, 1984, made an immeasurable impact on the lives of so many he touched during his life of only twenty-one years, which ended on February 10, 2006; and

Whereas, he was a boy scout and avid outdoorsman for many years; and

Whereas, Austin played football for Conway High School and subsequently graduated from Conway High School in the year 2002; and

Whereas, he was attending Horry-Georgetown Technical College pursuing his degree in engineering upon his untimely death; and

Whereas, Austin made a valuable contribution to this State, its citizens, and his co-workers as an employee of the South Carolina Department of Transportation; and

Whereas, during his life he gave selflessly to those around him, brought joy to all that knew him, and led a life of honor and integrity; and

Whereas, it is fitting and proper for the members of the General Assembly to honor the memory of this son of South Carolina with a road in his native County of Horry that bears his name. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the portion of Highway 139 in Horry County from


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its intersection with United States Highway 701 in the Town of Loris to its intersection with Cane Branch Road in the City of Conway the "Austin M. Enzor Memorial Highway" and to erect appropriate markers or signs along this highway that contain the words "Austin M. Enzor Memorial Highway".

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

Rep. CLEMMONS explained the Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4827--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4827 (Word version) -- Rep. J. E. Smith: A CONCURRENT RESOLUTION TO ENCOURAGE PRIVATE HEALTH INSURANCE COMPANIES AND EMPLOYERS TO INCLUDE INSURANCE COVERAGE FOR THE SCREENING AND DETECTION OF COLORECTAL CANCER, AND TO ENCOURAGE ALL CITIZENS OF SOUTH CAROLINA TO BECOME BETTER EDUCATED ABOUT THE HEALTH BENEFITS AND HEALTH CARE COST BENEFITS OF EARLY CANCER DETECTION THROUGH COLORECTAL SCREENING.

Whereas, colorectal cancer, which is diagnosed in over 145,000 Americans annually, is the third leading cause of cancer death in men and women; and

Whereas, early detection testing for colorectal cancer has been definitely proven to consistently lower disease specific mortality, yet most Americans have not been screened for colorectal cancer; and

Whereas, early detection testing for colorectal cancer is arguably the most powerful, underused lifesaving examination available in the United States; and

Whereas, colorectal screening helps prevent colon cancer through early detection of polyps before they progress into cancer; and


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Whereas, screening for colorectal cancer facilitates early detection, which extends many lives, reduces treatment costs, and improves the quality of life for cancer patients; and

Whereas, members of the General Assembly encourage employers within the State of South Carolina to become better educated about the benefits of regular colorectal cancer screening and to provide insurance coverage for annual screening for middle-aged and older employees. Now, therefore,

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

That the members of the General Assembly encourage private health insurance companies and employers to include insurance coverage for the screening and detection of colorectal cancer, and to encourage all citizens of South Carolina to become better educated about the health benefits and health care cost benefits of early cancer detection through colorectal screening.

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

The Concurrent Resolution was adopted and sent to the Senate.

S. 1249--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1249 (Word version) -- Senators Sheheen, Short and Gregory: A CONCURRENT RESOLUTION URGING DUKE POWER COMPANY TO WORK IN CONJUNCTION AND COORDINATION WITH THE STATE OF SOUTH CAROLINA TO PROTECT AND PRESERVE LANDS SURROUNDING AND IMPACTED BY THE PRODUCTION OF HYDROELECTRIC POWER ON LAKE WATEREE.

Whereas, the Duke Power Company operates and controls Lake Wateree and, by virtue of the power of condemnation and by purchases under the cloud of condemnation, Duke Power owns lands surrounding Lake Wateree; and


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Whereas, Lake Wateree, a scenic and recreational gem in the Midlands, is surrounded by Fairfield, Kershaw, and Lancaster Counties and is twenty miles long and has a 13,700 acre reservoir; and

Whereas, Lake Wateree was created in 1920 when the Wateree River was dammed, and Duke Power has continuously operated the hydroelectric plants on this lake, producing approximately 840 mega watts of electricity annually from hydroelectric plants on Lake Wateree alone; and

Whereas, having owned much of the property surrounding Lake Wateree and having been authorized to operate and manage the hydroelectric plants on Lake Wateree for almost 100 years, Duke Power has had over eight decades of business and financial opportunities and has reaped substantial benefits from these opportunities; and

Whereas, commensurate with the benefits Duke Power receives from the operation of these hydroelectric plants are the duties and responsibilities of stewardship to protect this treasured natural resource. A commitment to proper management and preservation is crucial to ensure this protection and the continued use and enjoyment of the lands impacted by the production of hydroelectric power on Lake Wateree; and

Whereas, in order to carry out the proper management and protection needed to preserve this irreplaceable resource, it is incumbent upon the Duke Power Company to fully commit to this preservation process and to work in conjunction and cooperation with the State of South Carolina. Now, therefore,

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

That the South Carolina General Assembly, by this resolution urges Duke Power Company to work in conjunction and coordination with the State of South Carolina to protect and preserve the lands surrounding and impacted by the production of hydroelectric power on Lake Wateree.


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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.

S. 1252--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1252 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SPAN BRIDGE OVER THE INTRACOASTAL WATERWAY THAT CROSSES HIGHWAY 9 IN HORRY COUNTY IN HONOR OF J. BRYAN FLOYD, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. BRYAN FLOYD BRIDGE".

Whereas, J. Bryan Floyd, a native of Horry County since his birth in 1938, lived in North Myrtle Beach since 1958; and

Whereas, upon graduating from Wofford College on a football scholarship, Mr. Floyd began his career of lifetime service to the City of Ocean Drive and North Myrtle Beach (Ocean Drive became a part of North Myrtle Beach) serving the Ocean Drive City Council and the North Myrtle Beach City Council for twenty-two consecutive years; and

Whereas, he served as Mayor of North Myrtle Beach from 1974-1980 and it was under his administration that the community center on Possum Trot Road was built, as well as the library on 2nd Avenue North; and

Whereas, under his leadership as mayor, the council-manager form of government was adopted for the city and the current Municipal Complex on Bay Street was started; and

Whereas, Mr. Floyd was a member of many local boards including: the Ocean Drive Lions Club serving as its president for several years; the Advisory Board of the South Carolina National Bank, now


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Wachovia Bank; the Board of Trustees of Loris Heathcare System; and the Board of Trustees of Trinity United Methodist Church; and

Whereas, he was one of the founders of 1st Atlantic Bank of Little River, which later merged with Anchor Bank, and is today a part of Carolina First, serving on the Board of Directors of both 1st Atlantic Bank and Anchor Bank, as well as on the Board of Carolina First; and

Whereas, Mr. Floyd was awarded the Order of the Palmetto by Governor Jim Hodges in 2001 in recognition of his many contributions to the State of South Carolina and the City of North Myrtle Beach; and

Whereas, the members of the General Assembly are proud to honor his contributions to the State of South Carolina by naming one of the local bridges in his honor. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name the span bridge over the intracoastal waterway that crosses Highway 9 in Horry County in honor of J. Bryan Floyd, and to install appropriate markers or signs at the bridge containing the words "J. Bryan Floyd Bridge".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of J. Bryan Floyd.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 4892 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-141 SO AS TO PROVIDE FOR A PROCEDURE TO BE FOLLOWED


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BY A REAL ESTATE LICENSEE IF THE OWNERSHIP OF MONIES RECEIVED BY A REAL ESTATE BROKER IS IN DISPUTE; AND TO AMEND SECTION 40-57-135, AS AMENDED, RELATING TO DUTIES, POLICIES, AND RECORDKEEPING BY CERTAIN REAL ESTATE PROFESSIONALS, SO AS TO CONFORM IT TO THE ESTABLISHED PROCEDURE.
Referred to Committee on Labor, Commerce and Industry

H. 4893 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 12-60-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE TAX PROCESS, SO AS TO ALLOW A LICENSED REAL ESTATE PERSON TO REPRESENT A TAXPAYER IN THE PROCESS IN A MATTER LIMITED TO THE ISSUE OF MARKET VALUE OF REAL PROPERTY.
Referred to Committee on Ways and Means

H. 4894 (Word version) -- Reps. Clyburn, Young, Cotty, Govan, Merrill, Davenport, Kennedy, Mitchell, J. H. Neal, Moody-Lawrence, Haskins, Allen, Mack, Hodges, W. D. Smith, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Edge, Frye, Funderburk, Hagood, Hamilton, Hardwick, Harrison, Herbkersman, J. Hines, Hinson, Hosey, Howard, Huggins, Jefferson, Leach, Limehouse, Mahaffey, Martin, McCraw, McGee, McLeod, Miller, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rutherford, Scarborough, Scott, Sinclair, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Talley, Taylor, Toole, Townsend, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, White, Whitmire and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AND PARENTS SHALL ATTEND AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES.
Referred to Committee on Education and Public Works


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HOUSE RESOLUTION

The following was introduced:

H. 4895 (Word version) -- Rep. Agnew: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE DR. GEORGE V. ROSENBERG OF ABBEVILLE COUNTY FOR HIS EXCEPTIONAL CAREER AND COMMITMENT TO THE LIVES OF THOSE HE SERVED, AND TO WISH HIM ALL THE BEST UPON HIS NINETIETH BIRTHDAY.

The Resolution was adopted.

MOTION ADOPTED

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

RATIFICATION OF ACTS

At 12:04 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R256, S. 137 (Word version)) -- Senators Hayes and Elliott: AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER 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" AS A PERSON WHO HAS BEEN THE PRIMARY CAREGIVER AND FINANCIAL SUPPORTER OF A CHILD WHO HAS RESIDED WITH THAT PERSON FOR SIX MONTHS IF THE CHILD IS UNDER THREE YEARS OF AGE AND ONE YEAR IF THE CHILD IS THREE YEARS OLD OR OLDER, AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OR VISITATION OF THE MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.

(R257, S. 511 (Word version)) -- Senator Richardson: AN ACT TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF INSURANCE PROCEEDS TO RECONSTRUCT DAMAGED PROPERTY GOVERNED BY THE


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HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE FOR REPAIR OR RECONSTRUCTION UPON A VOTE OF EIGHTY PERCENT OF THE CO-OWNERS, OR MORE IF REQUIRED BY THE PROPERTY BYLAWS, AND TO PROVIDE, FURTHER, FOR DISTRIBUTION OF INSURANCE PROCEEDS.

(R258, S. 1061 (Word version)) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM; AND BY ADDING SECTION 51-17-85 SO AS TO PROVIDE FOR RESTRICTIONS ON DISPOSITION OF TRUST PROPERTY.

(R259, S. 1114 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A RESTRICTED OR SUPERVISED LENDER RECOMMENDED BY THE INDEPENDENT CONSUMER FINANCE ASSOCIATION.

(R260, H. 3720 (Word version)) -- Reps. Talley, Harrison and Clark: AN ACT TO AMEND SECTION 7-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE STATE'S RESPONSIBILITIES UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; TO AMEND ARTICLE 5, CHAPTER 15 OF TITLE 7, BY ADDING SECTION 7-15-405 SO AS


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TO REQUIRE THE AUTHORITY CHARGED WITH CONDUCTING AN ELECTION TO PROVIDE AN ABSENTEE INSTANT RUNOFF BALLOT FOR VOTING IN A POTENTIAL PRIMARY RUNOFF AT LEAST FORTY-FIVE DAYS PRIOR TO THE PRIMARY ELECTION TO THE QUALIFIED ELECTORS OF THIS STATE WHO ARE ELIGIBLE TO VOTE AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; AND TO AMEND SECTION 7-15-460, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO DIRECT THE STATE ELECTION COMMISSION, IN COOPERATION WITH UNITED STATES GOVERNMENT AGENCIES, TO TAKE ALL STEPS AND ACTION AS MAY BE NECESSARY INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS OF STANDARD FORM 76 ISSUED BY THE FEDERAL GOVERNMENT AS AN APPLICATION FOR VOTER REGISTRATION AND AN APPLICATION FOR ABSENTEE BALLOTS AND ELECTRONIC TRANSMISSIONS OF ABSENTEE BALLOTS TO OR FROM ANY ELECTOR ELIGIBLE TO VOTE AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.

(R261, H. 4319 (Word version)) -- Reps. Harrell, Clark, Bailey, Hinson, Altman, Vaughn, Battle, Cotty, Whipper, Taylor, Kirsh, Coates, Toole, Ballentine, Vick, Littlejohn, Sandifer, Mahaffey, Hardwick, Walker, R. Brown, Haley, McLeod, Ceips and Weeks: AN ACT TO AMEND SECTION 10-1-161, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING, SO AS TO PROVIDE WHEN FLAGS ATOP THE STATE CAPITOL BUILDING MUST BE FLOWN AT HALF-STAFF, PROVIDE THAT THE GOVERNOR MAY ORDER FLAGS FLOWN AT HALF-STAFF WHEN AN ACT OF CONGRESS OR A PRESIDENTIAL ORDER IS ISSUED ORDERING FLAGS ON FEDERAL BUILDINGS BE FLOWN AT HALF-STAFF, AND PROVIDE HOW THE FLAGS MUST BE RAISED AND LOWERED WHEN FLOWN AT HALF-STAFF.

(R262, H. 4328 (Word version)) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J.H. Neal, Owens, E.H. Pitts, D.C. Smith, M.A. Pitts, Bailey, Littlejohn, Clyburn, Toole, Bannister and Loftis: AN ACT TO


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PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE PERCENTAGE WEIGHTINGS FOR GRADES THREE THROUGH SIX FOR THE FOUR CORE CONTENT AREAS; TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT

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CHALLENGE TEST TO END-OF-YEAR ASSESSMENT; TO AMEND SECTION 59-28-200, RELATING TO THE DEVELOPMENT OF INFORMATIONAL MATERIALS, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TESTS TO STATEWIDE ASSESSMENTS; AND TO REPEAL CHAPTER 30 OF TITLE 59 RELATING TO THE BASIC SKILLS ASSESSMENT PROGRAM.

(R263, H. 4474 (Word version)) -- Rep. Cooper: A JOINT RESOLUTION TO CLARIFY THE STATE BUDGET AND CONTROL BOARD'S ACTION TAKEN ON NOVEMBER 1, 2005, RELATING TO THE SECOND INJURY FUND'S ASSESSMENT.

(R264, H. 4539 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 3014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R265, H. 4540 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3015, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R266, H. 4541 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R267, H. 4542 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO


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PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R268, H. 4543 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE SCHOLARSHIP, SC HOPE SCHOLARSHIP, AND PALMETTO FELLOWS SCHOLARSHIP APPEALS REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4859 (Word version) -- Reps. Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, 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 TO CONGRATULATE MRS. JESSIE LOU MARTIN OF GALIVANT'S FERRY UPON HER RECEIPT OF THE 2006 HORRY COUNTY RURAL LADY OF THE YEAR AWARD.


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H. 4863 (Word version) -- Reps. J. E. 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. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE MR. HASHAM PAUL KHOURY OF RICHLAND COUNTY ON THE OCCASION OF HIS NINETIETH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF GOOD HEALTH, HAPPINESS, AND JOY.

H. 4864 (Word version) -- Reps. Townsend and Agnew: A CONCURRENT RESOLUTION TO CONGRATULATE THE CRESCENT HIGH SCHOOL BOYS WRESTLING TEAM FOR WINNING THE 2006 CLASS AA-A STATE CHAMPIONSHIP.

H. 4866 (Word version) -- Reps. Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, 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,


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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 COMMEND DANIEL R. DIMICCO FOR HIS EXEMPLARY LEADERSHIP AND DILIGENCE AS VICE CHAIRMAN, PRESIDENT, AND CHIEF EXECUTIVE OFFICER OF NUCOR CORPORATION AND HIS COMMITMENT TO PRESERVING SOUTH CAROLINA AND THE NATION'S MANUFACTURING SECTOR THROUGH HIS PERSEVERANCE, INTEGRITY, AND FAITH IN THE AMERICAN WORKFORCE.

H. 4867 (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 CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE MRS. LILLIE PATTON DEVLIN, A LIFELONG RESIDENT OF GREENWOOD COUNTY, ON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR MANY MORE TO COME.

H. 4869 (Word version) -- Reps. Cotty, Chellis, Chalk and Coleman: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN A.


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MCALLISTER, JR., OF COLUMBIA ON RECEIVING THE ALVAH H. CHAPMAN, JR., DISTINGUISHED LEADERSHIP AWARD FOR 2006 AWARDED BY THE CITADEL SCHOOL OF BUSINESS ADMINISTRATION AND FOR HIS INDUCTION INTO THE CITADEL BUSINESS HALL OF FAME, AND FURTHER TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.

H. 4872 (Word version) -- Reps. Sandifer and Owens: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ERIKA GRACE POWELL OF PICKENS COUNTY FOR HER SCHOLASTIC HONORS AND HER MANY OTHER ACCOMPLISHMENTS AND TO CONGRATULATE HER ON BEING CROWNED MISS SOUTH CAROLINA 2005.

H. 4873 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE CLAUDE THOMAS OF ABBEVILLE COUNTY FOR HIS LASTING CONTRIBUTIONS TO HIS CAREER AND COMMUNITY AND TO DESIGNATE APRIL 14, 2006 AS "CLAUDE THOMAS DAY" TO COMMEMORATE THE WORK HE HAS DONE IN FURTHERANCE OF THIS GREAT STATE.

ADJOURNMENT

At 12:10 p.m. the House, in accordance with the motion of Rep. CLYBURN, adjourned in memory of Thomas C. Owens of Johnston, to meet at 10:00 a.m. tomorrow.

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