Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Proverbs 8:35: "For whoever finds me finds life and receives favor from the Lord."
Let us pray. Dear Heavenly Father, as we approach the beginning of another day of making decisions, may these Representatives show confidence in their Creator and lovingly obey Him with all their heart. They face many tests every day. Instill in them the trust they must have to live life and obey Your will and commands. Look in favor upon our Nation, our President, our Governor, our State and her leaders. Bless and keep our defenders of freedom. Protect them from harm. We pray in Your holy name. Amen.

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

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

Rep. J. H. NEAL moved that when the House adjourns, it adjourn in memory of Mrs. Coretta Scott King, which was agreed to.

The House stood in silent prayer for Mrs. Coretta Scott King.

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

December 12, 2005
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 American Cancer Society and the American Heart Association, the Members, spouses and staff of the House of Representatives are invited to a Dinner Dance. This event will be held on Wednesday, February 22, 2006, from 7:00 p.m. until 9:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Stephanie Reely
Staff Assistant

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

H. 3720 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-15-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO EXPAND THE APPLICATION OF THE PROVISIONS OF THE SECTION AND DIRECT THE STATE ELECTION COMMISSION TO TAKE ALL STEPS NECESSARY INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS, TO ENSURE THAT ANY OUT-OF-STATE RESIDENT HAS THE OPPORTUNITY TO RECEIVE AND CAST ANY BALLOT HE WOULD HAVE BEEN ELIGIBLE TO CAST IF HE HAD RESIDED AND REMAINED IN SOUTH CAROLINA.
Ordered for consideration tomorrow.

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

H. 3721 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.

The following was introduced:

H. 4535 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR A DAUGHTER OF SOUTH CAROLINA AND HORRY COUNTY NATIVE NANCY O'DELL FOR HER REMARKABLE SUCCESS AND SIGNIFICANT CONTRIBUTIONS TO THE NATION AND STATE OF SOUTH CAROLINA AS AN AWARD-WINNING PROFESSIONAL JOURNALIST, AND TO WISH HER CONTINUED SUCCESS IN HER CAREER.

The Resolution was adopted.

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

H. 4536 (Word version) -- Rep. Harrell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.
On motion of Rep. DUNCAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4537 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2942, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4538 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ASSESSMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

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.
Without Reference

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.
Without Reference

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.
Without Reference

H. 4542 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO 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.
Without Reference

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.
Without Reference

H. 4544 (Word version) -- Reps. Sinclair, Bingham, Harrison and Littlejohn: A JOINT RESOLUTION TO EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEES WHO BEGAN PARTICIPATION IN THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI) BEFORE JULY 1, 2005, AND REEMPLOYED RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURNED TO EMPLOYMENT BEFORE JULY 1, 2005, FROM THE PAYMENT OF EMPLOYEE CONTRIBUTIONS OTHERWISE DUE THESE SYSTEMS, TO PROVIDE THAT THIS EXEMPTION CONTINUES THROUGH THE TERMINATION OF TERI PARTICIPATION AND WHILE A REEMPLOYED RETIREE REMAINS EMPLOYED IN THE POSITION HELD BEFORE JULY 1, 2005, AND TO PROVIDE FOR THE REFUND WITHOUT INTEREST OF THE EMPLOYEE CONTRIBUTIONS MADE BY THESE EMPLOYEES WITH RESPECT TO EMPLOYMENT AFTER JUNE 30, 2005.
Referred to Committee on Ways and Means

H. 4545 (Word version) -- Reps. Sinclair, Anthony, Duncan, Littlejohn, Mahaffey, Talley and Walker: A BILL TO AMEND SECTION 44-96-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLID WASTE LANDFILLS AND REGULATIONS GOVERNING, AMONG OTHER THINGS, SITING, DESIGN, AND CONSTRUCTION OF SUCH LANDFILLS, SO AS TO PROVIDE THAT A LANDFILL IN EXISTENCE AS OF JULY 1, 2006, MAY NOT EXPAND THE VOLUME OF AN EXISTING LANDFILL OR CONSTRUCT A NEW LANDFILL UNLESS IT MEETS DEMONSTRATION OF NEED REQUIREMENTS PROMULGATED IN REGULATION AND TO PROHIBIT GRANTING A VARIANCE FOR SUCH EXPANSION OR NEW CONSTRUCTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4546 (Word version) -- Reps. Sinclair, Anthony, Duncan, Littlejohn, Mahaffey, Talley and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-322 SO AS TO PROVIDE THAT NO MORE THAN FIFTY PERCENT OF THE WASTE RECEIVED BY A REGIONAL SOLID WASTE LANDFILL, INITIALLY PERMITTED AFTER JUNE 30, 2006, MAY BE GENERATED OUTSIDE OF THE COUNTY IN WHICH THE LANDFILL IS LOCATED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4547 (Word version) -- Reps. Sinclair, Bingham, Cato, Harrison and Littlejohn: A BILL TO AMEND SECTION 33-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTING OF FINANCIAL ACTIVITIES BY A CHARITABLE ORGANIZATION SOLICITING FUNDS IN THIS STATE, SO AS TO REQUIRE AN AUDITED FINANCIAL STATEMENT FROM AN ORGANIZATION WHOSE ANNUAL GROSS SUPPORT AND REVENUE IS MORE THAN FIVE HUNDRED THOUSAND DOLLARS AND TO REQUIRE A REVIEW REPORT FROM A CERTIFIED PUBLIC ACCOUNTANT FROM AN ORGANIZATION WHOSE ANNUAL GROSS SUPPORT AND REVENUE IS MORE THAN TWO HUNDRED THOUSAND DOLLARS BUT NOT MORE THAN FIVE HUNDRED THOUSAND DOLLARS.
Referred to Committee on Ways and Means

H. 4548 (Word version) -- Reps. Moody-Lawrence, Scott, Hosey, Neilson, Govan, Rivers, R. Brown, Bailey, Bowers, Cobb-Hunter, Howard, Kirsh and J. H. Neal: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION TO PROVIDE A TEACHER LOAN REPAYMENT PROGRAM, SO AS TO INCLUDE GUIDANCE AS A SUBJECT AREA OF CRITICAL NEED.
Referred to Committee on Education and Public Works

H. 4552 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-60 AND SECTION 39-15-70, RELATING TO THE LABELING OF TOYS AND TABLEWARE, RESPECTIVELY, CONTAINING EXCESSIVE LEVELS OF LEAD AND PROVIDING CRIMINAL PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary

S. 1074 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTIONS 59-53-210 AND 59-53-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRI-COUNTY TECHNICAL COLLEGE DISTRICT AND THE TRI-COUNTY TECHNICAL COLLEGE COMMISSION AND THE EDUCATION INSTITUTION CREATED AND OPERATED BY THE COMMISSION, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE DISTRICT, TO CHANGE THE NAME OF THE COMMISSION TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE COMMISSION, AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED AND OPERATED BY IT AS THE TRI-COUNTY COMMUNITY COLLEGE.
On motion of Rep. THOMPSON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1078 (Word version) -- Senators Cleary, Rankin and McGill: A BILL TO AMEND JOINT RESOLUTION 272 OF 1985, RELATING TO THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO USE A PORTION OF THE IMPACT FEES TO CONSTRUCT A FACILITY OR BUILDING IN WHICH TO HOUSE OR STORE FIRE FIGHTING EQUIPMENT.
On motion of Rep. MILLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

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

Whereas, menopause affected 520,142 South Carolina women in 2005 and affected fifty million women nationwide; and

Whereas, health risks of menopause are serious. If not treated by a trained physician or nurse practitioner, women are at a high risk of suffering from osteoporosis and cardiovascular disease because of estrogen depletion; and

Whereas, over 530,000 women die every year from complications of osteoporosis, and it is predicted that these numbers could reach staggering proportions with the aging of the Baby Boom generation; and

Whereas, the American Menopause Foundation, Inc., is a national not-for-profit organization of women, families, corporations, and health care professionals committed to research, education, public awareness, and advocacy for all women; and

Whereas, the South Carolina General Assembly stands committed to the preservation of the health of all South Carolina women, be they our neighbors, friends, wives, or daughters, and seeks to share awareness of menopause so that the daughters of South Carolina may remain healthy and strong. 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, declare the month of September 2006 "Menopause Awareness Month" in recognizing its effects on the health of South Carolina women.

Be it further resolved that a copy of this resolution be forwarded to the American Menopause Foundation, Inc., in New York, New York.

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

The following was introduced:

H. 4550 (Word version) -- Rep. J. Brown: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DEACON ROLAND L. THOMAS FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS CHURCH, CAREER, AND COMMUNITY, AND TO WISH HIM ALL THE BEST UPON HIS RETIREMENT.

The Resolution was adopted.

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

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

Whereas, celebrating its twenty-first anniversary, the Keep America Beautiful Great American Cleanup takes place annually from March through May; and

Whereas, teams of volunteers will participate in community cleanups, including parks, parking lots, neighborhoods, beaches, river fronts, business districts, and school yards across the Palmetto State during our State's Great American Cleanup day; and

Whereas, during last year's Great American Cleanup of South Carolina, about eighteen thousand volunteers cleaned up more than fifteen thousand tons of trash, recycled approximately twenty-two thousand tires, cleaned four hundred acres of parks, twenty-two thousand miles of roadways, and over one thousand miles of waterfront; and

Whereas, working together to clean and beautify our State helps build pride in communities, create cleaner environments, foster economic development, and bring awareness to the problem of litter. Now, therefore,

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

That the members of the General Assembly hereby proclaim April 22, 2006, as the Great American Cleanup of South Carolina and encourage all South Carolinians to recognize the many contributions of a clean and beautiful state to an improved quality of life.

Be it further resolved that a copy of this resolution be forwarded to PalmettoPride.

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

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               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                   Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hodges
Hosey                  Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Littlejohn             Loftis
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Walker                 Weeks                  White
Whitmire               Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, January 31.

Fletcher Smith                    Thomas Rhoad
Thad Viers                        H. B. "Chip" Limehouse
Eldridge Emory                    James Lucas
Bessie Moody-Lawrence             Jerry Govan
Ted Vick                          Daniel Tripp
Becky Martin                      Seth Whipper

The SPEAKER granted Rep. BATTLE a leave of absence for the day due to illness.

Announcement was made that Dr. Bill Hester of Florence is the Doctor of the Day for the General Assembly.

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

Bill Number:   H. 4347 (Word version)
Date:   ADD:
01/31/06   M. A. PITTS

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/31/06   M. A. PITTS

Bill Number:   H. 4503 (Word version)
Date:   ADD:
01/31/06   MACK

Bill Number:   H. 4502 (Word version)
Date:   ADD:
01/31/06   MACK

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/31/06   TALLEY

Bill Number:   H. 4046 (Word version)
Date:   ADD:
01/31/06   SCOTT

Bill Number:   H. 4144 (Word version)
Date:   ADD:
01/31/06   UMPHLETT

Bill Number:   H. 4144 (Word version)
Date:   ADD:
01/31/06   HUGGINS

Bill Number:   H. 4301 (Word version)
Date:   ADD:
01/31/06   CEIPS

Bill Number:   H. 4318 (Word version)
Date:   ADD:
01/31/06   CEIPS

Bill Number:   H. 4319 (Word version)
Date:   ADD:
01/31/06   CEIPS

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/31/06   LITTLEJOHN

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/31/06   BRANHAM

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/31/06   COTTY

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/31/06   J. R. SMITH

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/31/06   OWENS

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/31/06   CLYBURN

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/31/06   SKELTON

Bill Number:   H. 4406 (Word version)
Date:   ADD:
01/31/06   MAHAFFEY

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/31/06   BALES

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/31/06   HUGGINS

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/31/06   PHILLIPS

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/31/06   DAVENPORT

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/31/06   D. C. SMITH

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/31/06   OWENS

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/31/06   LOFTIS

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/31/06   RHOAD

Bill Number:   H. 4347 (Word version)
Date:   ADD:
01/31/06   J. E. SMITH

Bill Number:   H. 4446 (Word version)
Date:   ADD:
01/31/06   BALES

Bill Number:   H. 4502 (Word version)
Date:   ADD:
01/31/06   OTT

Bill Number:   H. 4503 (Word version)
Date:   ADD:
01/31/06   OTT

Bill Number:   H. 4533 (Word version)
Date:   ADD:
01/31/06   MCLEOD

Bill Number:   H. 4488 (Word version)
Date:   REMOVE:
01/31/06   TALLEY

Bill Number:   H. 4450 (Word version)
Date:   REMOVE:
01/31/06   BRANHAM

Bill Number:   H. 3254 (Word version)
Date:   REMOVE:
01/31/06   MAHAFFEY

Columbia, S.C., January 31, 2006
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:10 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. DELLENEY the invitation was accepted.

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

S. 1024 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.

H. 4446 (Word version) -- Reps. Kennedy, Jennings, Lucas, Hayes, Rhoad, Hodges, Miller and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAXES OR INSURANCE PREMIUM TAXES TO A TAXPAYER THAT MAKES AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE AND CREATES JOBS IN THE MORATORIUM COUNTY OR TO ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO PROVIDE FOR A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, AND TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS.

Rep. KENNEDY explained the Bill.

H. 4406 (Word version) -- Reps. Townsend, Anthony, Breeland, J. Brown, Whipper, Walker, Scott, Littlejohn, Cobb-Hunter, Bales, Cotty, Anderson, McLeod, R. Brown, Frye, Harrell, Huggins, Battle, Rivers, Miller, Lucas, Clark, Altman, Agnew, Ballentine, Bowers, Brady, Branham, Ceips, Chellis, Clyburn, Coleman, Emory, Funderburk, Haley, Harrison, Hayes, J. Hines, Hiott, Hosey, Howard, Jefferson, Jennings, Kennedy, Kirsh, Mack, Martin, McCraw, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Phillips, E. H. Pitts, Rhoad, Rice, Rutherford, Scarborough, F. N. Smith, G. R. Smith, J. E. Smith, Vick, Weeks, Whitmire, Hodges, Mitchell, Hagood, Taylor, Skelton, Hinson, Young, Cooper, Bailey, Loftis, Govan and Mahaffey: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.

Rep. WALKER explained the Joint Resolution.

S. 947 (Word version) -- Senators Courson, Hayes, Matthews, Setzler, Lourie, Short, Fair, Leventis, Land, Alexander, Ford, Gregory, O'Dell, Malloy, Moore, McConnell, J. V. Smith, Sheheen, McGill, Knotts, Cleary, Richardson, Jackson, Patterson and Hutto: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.

H. 4522 (Word version) -- Reps. Hardwick, Miller, Anderson, Barfield, Clemmons, Edge, Hayes, Viers and Witherspoon: A BILL TO AMEND JOINT RESOLUTION 272 OF 1985, RELATING TO THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO USE A PORTION OF THE IMPACT FEES TO CONSTRUCT A FACILITY OR BUILDING IN WHICH TO HOUSE OR STORE FIRE FIGHTING EQUIPMENT.

H. 4526 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, D. C. Smith, Stewart and Clark: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

H. 4533 (Word version) -- Reps. Talley, R. Brown, Martin and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-780 SO AS TO AUTHORIZE A STATE EMPLOYEE TO TRANSFER LEAVE TO A SPECIFIC EMPLOYEE OF THE SAME AGENCY TO BE USED BY THAT EMPLOYEE FOR EXTENDED MATERNITY LEAVE.

Rep. TALLEY explained the Bill.

The following Bill was taken up:

H. 4046 (Word version) -- Reps. Townsend, Clark and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-580 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT A SCHOOL BUS REPLACEMENT CYCLE TO REPLACE APPROXIMATELY ONE-TWELFTH OF THE FLEET EACH YEAR, RESULTING IN A COMPLETE REPLACEMENT OF THE FLEET EVERY TWELVE YEARS.

Rep. TOWNSEND explained the Bill.

Rep. RICE 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.

The following Bill was taken up:

H. 3414 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 7-15-220, 7-15-380, AS AMENDED, 7-15-385, AS AMENDED, AND 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE SIGNATURE OR MARK OF AN ABSENTEE APPLICANT BE WITNESSED.

THE JUDICIARY COMMITTEE proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3777DW06), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 26, by striking Section 7-15-420 and inserting:
/ "Section 7-15-420.   The county election commission, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 2:00 p.m. 9:00 a.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. No A ballot may not be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked 'Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. When the polls have closed and all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. Beginning at 9:00 a.m. on election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any ballot is challenged, the return-addressed envelope may must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot. Results of the tabulation must not be publicly reported until after the polls are closed." /
Amend further by deleting SECTIONS 1, 2, and 3 in their entirety.
Renumber SECTIONS to conform.
Amend title to conform.

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

Rep. TALLEY explained the Bill.

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

The following Joint Resolution was taken up:

S. 617 (Word version) -- Senators Alexander, Setzler, Short, Verdin, Ryberg, Knotts, Campsen and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE. INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO PROPOSE A FURTHER AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

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

The following Bill was taken up:

H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.

Rep. OWENS 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.

On motion of Rep. COBB-HUNTER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 4513 (Word version) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M. A. Pitts: A BILL TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO THE APPROPRIATE TIME AFTER THE COMMITTEE HAS DETERMINED ITS RECOMMENDATIONS AND A FINAL REPORT OF THE COMMITTEE IS SUBMITTED TO THE GENERAL ASSEMBLY.

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

H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W. D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

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

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

S. 384 (Word version) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Rep. J. M. NEAL made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

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

The following Bill was taken up:

S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.

Rep. SANDIFER proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20739SD06), which was adopted:
Amend the bill, as and if amended, in Section 5-7-300(A) of the 1976 Code, as contained in SECTION 1, by striking beginning on line 42, page 1 /and makes the lien a first lien on the property which shall continue in full force and effect until legally discharged / and inserting / . For those municipalities that, as of the effective date of this sentence collect their delinquent municipal taxes without an agreement as to collection with a county, such payment makes the municipal lien a first lien on the property which shall continue in full force and effect until legally discharged /
Renumber sections to conform.
Amend title to conform.

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

Rep. VICK proposed the following Amendment No. 3 (Doc Name COUNCIL\AGM\18072MM06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.A.   Section 12-51-90 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding at the end:

(C)   If the defaulting taxpayer, grantee from the owner, or mortgage or judgment creditor fails to redeem the item of real estate sold at the delinquent tax sale within the twelve months provided in subsection (A) and after the passing of an additional twelve months, the tax deed issued twenty-four months earlier at the delinquent tax sale is incontestable on procedural or other grounds.
B.   Section 12-51-160 of the 1976 Code is amended to read:

Section 12-51-160.   In all cases of tax sale the deed of conveyance, whether executed to a private person, a corporation, or a forfeited land commission, must be held and taken as is prima facie evidence of a good title in the holder, that all proceedings have been regular and that all legal requirements have been complied with. No An action for the recovery of land sold under the provisions of pursuant to this chapter or for the recovery of the possession may be must not be maintained unless brought within two years from the date of sale as provided in Section 12-51-90(c). /
Renumber sections to conform.
Amend title to conform.

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

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

Those who voted in the affirmative are:

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

Those who voted in the negative are:

Agnew                  Funderburk             Mahaffey
G. M. Smith            Talley                 Weeks

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

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

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

H. 4437 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS L. BOCK, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, MARCH 7, 2006.
Ordered for consideration tomorrow.

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

S. 1067 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS L. BOCK, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, MARCH 7, 2006.
Ordered for consideration tomorrow.

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

H. 4553 (Word version) -- Rep. Clyburn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS OF THE STROM THURMOND HIGH SCHOOL FOOTBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR OUTSTANDING 2005 STATE AAA FOOTBALL TITLE.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, staff, and other school officials of the Strom Thurmond High School Football Team at a date and time to be determined by the Speaker to congratulate them on their outstanding 2005 State AAA Football Title.

The Resolution was adopted.

The following was introduced:

H. 4554 (Word version) -- Rep. Clyburn: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE EDGEFIELD'S STROM THURMOND HIGH SCHOOL FOOTBALL TEAM AND ITS COACH, LEE SAWYER, FOR THEIR OUTSTANDING WIN FOR THE STATE AAA CHAMPIONSHIP ON DECEMBER 3, 2005, AND WISH THEM ALL THE BEST IN FUTURE SEASONS.

The Resolution was adopted.

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

H. 4555 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3577 SO AS TO ALLOW A STATE INDIVIDUAL INCOME TAX CREDIT FOR A PORTION OF PREMIUMS PAID BY THE TAXPAYER FOR LONG-TERM CARE INSURANCE, UP TO A MAXIMUM CREDIT OF TWO HUNDRED FIFTY DOLLARS FOR A SINGLE POLICY OF SUCH INSURANCE.
Referred to Committee on Ways and Means

H. 4556 (Word version) -- Reps. Sinclair, Anthony, Mitchell, Davenport, Littlejohn, Mahaffey, Talley and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-323 SO AS TO PROVIDE THAT NO MORE THAN FIFTY PERCENT OF THE WASTE RECEIVED BY A REGIONAL SOLID WASTE LANDFILL IN SPARTANBURG COUNTY, INITIALLY PERMITTED AFTER JUNE 30, 2006, MAY BE GENERATED OUTSIDE OF SPARTANBURG COUNTY.
On motion of Rep. SINCLAIR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4557 (Word version) -- Reps. Coates and McGee: A BILL TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO INCREASE THE MANDATORY MINIMUM PENALTY FOR CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE FIRST DEGREE TO TWENTY-FIVE YEARS; AND TO AMEND SECTION 16-15-140, RELATING TO COMMITTING OR ATTEMPTING A LEWD ACT UPON A CHILD UNDER SIXTEEN, SO AS TO PROVIDE A MANDATORY MINIMUM PENALTY OF ONE YEAR AND TO PROVIDE THAT THE FINE IS IN ADDITION TO IMPRISONMENT.
Referred to Committee on Judiciary

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

At 1:10 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R210, S. 185 (Word version)) -- Senators Martin, McConnell, Alexander, Ford, Bryant and Knotts: AN ACT TO AMEND SECTION 7-13-1340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; AND TO AMEND SECTION 7-13-320, AS AMENDED, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COMBINING THE OFFICIAL BALLOT FOR PRESIDENTIAL ELECTORS WITH ANY OTHER OFFICIAL BALLOTS.

(R211, S. 578 (Word version)) -- Senators Martin and Ford: AN ACT TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT COMPUTER SOFTWARE EMPLOYED FOR THIS PURPOSE MUST BE DESIGNED SO AS TO ENSURE A RANDOM SELECTION OF JURORS FROM THE POPULATION AVAILABLE FOR JURY DUTY, TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 14-7-230, RELATING TO PROCEDURE FOR DRAWING A JUROR, SO AS DELETE THE REQUIREMENT THAT IT BE ACCOMPLISHED WITH EITHER A PERSON WHO IS TOTALLY BLIND OR BY A CHILD UNDER THE AGE OF TEN YEARS OLD, AND TO AUTHORIZE THE CLERK OF COURT TO DESIGNATE A RESPONSIBLE AND IMPARTIAL PERSON OR BY COMPUTER SUBJECT TO THE PROVISIONS OF SECTION 14-7-140; AND TO AMEND SECTION 14-7-1060, RELATING TO CLERK OF COURT WRITING THE NAMES OF JURORS ON SEPARATE PIECES OF PAPER, SO AS TO PROVIDE THAT THIS PROCEDURE IS NOT REQUIRED IF A COMPUTER IS USED TO DRAW THE NAMES OF JURORS, TO DELETE THE REQUIREMENT THAT A CHILD UNDER THE AGE OF TEN OR A BLIND PERSON BE USED TO DRAW A JURY, AND TO AUTHORIZE THE CLERK, WITH THE APPROVAL OF THE PRESIDING JUDGE, TO DESIGNATE A RESPONSIBLE AND IMPARTIAL PERSON TO DRAW CAPSULES TO SELECT THE JURORS.

(R212, S. 839 (Word version)) -- Senators McConnell, Ford, Campsen and Grooms: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF CHARLESTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.

(R213, S. 868 (Word version)) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO RECOGNITION OF THE 2001 CSO MORTALITY TABLE FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES AND NONFORFEITURE BENEFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2978, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R214, S. 965 (Word version)) -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO RETURN ALL SET-ASIDES COLLECTED FROM BLIND VENDORS PURSUANT TO SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT.

(R215, S. 1023 (Word version)) -- Senator Hayes: AN ACT TO AMEND ACT 214 OF 2005, AS AMENDED, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SCHOOL BOARD OF TRUSTEES OF YORK SCHOOL DISTRICT 1 OF YORK COUNTY ARE ELECTED, SO AS TO CHANGE THE DATES ON WHICH THE ELECTION IS CONDUCTED.

(R216, H. 3895 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE REGULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2955, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R217, H. 4142 (Word version)) -- Rep. Clyburn: AN ACT TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SEVEN SINGLE-MEMBER DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED.

(R218, H. 4188 (Word version)) -- Reps. Townsend, Agnew, Cooper, Martin, Thompson and White: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.

(R219, H. 4221 (Word version)) -- Rep. Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-35 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN GEORGETOWN COUNTY IN CERTAIN PORTIONS OF MURRELL'S INLET CREEK WITHIN ONE HUNDRED YARDS OF A RESIDENCE OR BUSINESS WITHOUT WRITTEN PERMISSION.

(R220, H. 4394 (Word version)) -- Reps. W.D. Smith, Littlejohn, Mitchell, Mahaffey, Talley, Walker and Sinclair: AN ACT TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED BY IT AS THE SPARTANBURG COMMUNITY COLLEGE.

(R221, H. 4422 (Word version)) -- Reps. Jennings, Witherspoon, Battle, Hayes, Branham, Clemmons, J. Hines, M. Hines, Lucas, Miller, Neilson, Viers, Coates, McGee, Anderson, Vick, McLeod, Kennedy, Hodges, Ott, Jefferson and Clyburn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-618 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY IMPOSE AND COLLECT A TOLL ALONG THE PROPOSED INTERSTATE 73 UPON COMPLETION OF THIS HIGHWAY PROJECT TO BE USED TO PAY FOR THE COST OF PLANNING, RIGHT-OF-WAY ACQUISITIONS, FINANCING, CONSTRUCTION, OPERATION, AND OTHER EXPENSES ASSOCIATED WITH THIS PROJECT, AND FOR THE REMOVAL OF THE TOLLS UPON PAYMENT OF ALL SUCH COSTS, AND TO PROVIDE THAT THIS TOLL MUST NOT BE IMPOSED UPON A STATE-OWNED OR DISTRICT-OWNED SCHOOL BUS.

The Senate returned to the House with concurrence the following:

H. 4528 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPIN HIGH SCHOOL CHEERLEADING TEAM OF LEXINGTON COUNTY ON ITS IMPRESSIVE 2005-2006 STATE CLASS AAA CHAMPIONSHIP TITLE AND TO HONOR THE CHEERLEADERS AND THEIR COACH VICKI WILLIAMS ON AN EXCEPTIONAL SEASON.

H. 4484 (Word version) -- Reps. Harrell, Umphlett, Leach, Rice, Brady, Vaughn, Coates, Hagood, Sinclair, Haley, Talley, Stewart, Toole, Duncan, Clark, Bailey, Hinson, Mahaffey, Merrill, G.R. Smith, J.R. Smith, Walker and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO INVENTORY AND STUDY ALL FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IN THIS STATE FUNDED IN WHOLE OR IN PART WITH FEDERAL, STATE, OR LOCAL PUBLIC FUNDS; TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO DETERMINE THE NECESSARY REQUIREMENTS TO IMPLEMENT A FULL DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAM IN EACH OF THE EIGHT PLAINTIFF SCHOOL DISTRICTS IN THE CASE OF ABBEVILLE COUNTY SCHOOL DISTRICT, ET AL., V. STATE OF SOUTH CAROLINA, ET AL. FOR ALL CHILDREN WHO QUALIFY FOR FREE OR REDUCED PRICED LUNCH AND IN ADDITION TO IMPLEMENT A STATEWIDE FULL DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAM FOR ALL CHILDREN WHO QUALIFY FOR A FREE OR REDUCED PRICE LUNCH; TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO COLLABORATE WITH THE OFFICE OF FIRST STEPS TO SCHOOL READINESS IN PERFORMING THESE STUDIES; AND TO SUBMIT THESE REQUESTED STUDIES TO EACH HOUSE OF THE GENERAL ASSEMBLY BY MARCH 15, 2006.

At 1:20 p.m. the House, in accordance with the motion of Rep. J. H. NEAL, adjourned in memory of Mrs. Coretta Scott King, to meet at 10:00 a.m. tomorrow.

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