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

Thursday, April 13, 2006
(Local 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 Psalm 130:5: "I wait for the Lord, my soul waits, and in his word I hope."
Let us pray. Thank You for the day You have made. Give us Your blessing as we carry the responsibility given to us and provide us the needful strength to do the duty assigned. Be our guardian and protector throughout this day. Bless our Nation, President, State, Governor, Representatives, staff, Speaker and all who carry the responsibility of leadership. Keep our defenders of freedom safe as they protect us. In the name of our Lord we pray. Amen.

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

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 3059
Agency: Department of Transportation
Statutory Authority: 1976 Code Section 57-25-110 et seq.
Highway Advertising Control Act
Received by Speaker of the House of Representatives
April 12, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration March 19, 2007

INTRODUCTION OF BILLS

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

H. 4981 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITION FOR "COMMITTEE" FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO INCLUDE A "LEADERSHIP POLITICAL ACTION COMMITTEE" WITHIN THE DEFINITION; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO FILING CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO REQUIRE A LEADERSHIP POLITICAL ACTION COMMITTEE TO FILE CERTIFIED CAMPAIGN REPORTS UPON THE RECEIPT OF CONTRIBUTIONS THAT MAY BE USED FOR THE PAYMENT OF OPERATION EXPENSES; AND TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER, SO AS TO DELETE THE PROHIBITION THAT CERTAIN RESTRICTIONS DO NOT APPLY TO A LEADERSHIP POLITICAL ACTION COMMITTEE THAT IS DIRECTLY OR INDIRECTLY ESTABLISHED AND FINANCED BY A CANDIDATE OR PUBLIC OFFICIAL IF IT IS THE ONLY ONE IN ADDITION TO A COMMITTEE FORMED BY THE CANDIDATE OR PUBLIC OFFICIAL TO SOLELY PROMOTE HIS OWN CANDIDACY AND ONE LEGISLATIVE CAUCUS COMMITTEE AND TO PREVENT A LEADERSHIP POLITICAL ACTION COMMITTEE FROM MAKING CONTRIBUTIONS TO OR ON BEHALF OF ANOTHER CANDIDATE.
Referred to Committee on Judiciary

H. 4982 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 4983 (Word version) -- Rep. Perry: A BILL TO AMEND SECTIONS 31-6-30 AND 31-6-80, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS FOR PURPOSES OF THE TAX INCREMENT FINANCING LAW, SO AS TO REVISE THE DEFINITIONS FOR "REDEVELOPMENT PLAN" AND "REDEVELOPMENT PROJECT COSTS", AND TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A MUNICIPALITY; AND TO AMEND SECTIONS 31-7-30, 31-7-80, AND 31-7-120, ALL AS AMENDED, RELATING TO DEFINITIONS, PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS AND INTERGOVERNMENTAL AGREEMENTS FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES, SO AS TO REENACT PORTIONS OF THE DEFINITION OF "BLIGHTED AREA" INADVERTENTLY DELETED AND REVISE DEFINITIONS FOR "CONSERVATION AREA" AND "REDEVELOPMENT PROJECT AREA", TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A REDEVELOPMENT PLAN BY A COUNTY, AND TO CLARIFY THE APPLICATION OF MUNICIPAL AND COUNTY TAX INCREMENT FINANCING LAWS TO INTERGOVERNMENTAL AGREEMENTS.
Referred to Committee on Ways and Means

H. 4984 (Word version) -- Reps. Cobb-Hunter and Kirsh: A BILL TO AMEND CHAPTER 146, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE SCHOOL FACILITIES BOND ACT, BY ADDING SECTION 59-146-55 SO AS TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2006-2007 AND CONTINUING FOR A PERIOD OF FOUR FISCAL YEARS THEREAFTER, AN ADDITIONAL THREE HUNDRED MILLION DOLLARS IN SCHOOL FACILITIES BONDS MAY BE ISSUED, AND TO PROVIDE THAT THESE BONDS MUST BE ALLOCATED TO SCHOOL DISTRICTS BASED ON A FORMULA WHICH GIVES PRIORITY CONSIDERATION TO DISTRICTS WITH HIGHER PERCENTAGES OF STUDENTS ELIGIBLE FOR FREE OR REDUCED PRICED LUNCHES, THE RELATIVE FINANCIAL ABILITY OF A DISTRICT TO FUND NEW SCHOOL FACILITIES OR IMPROVE EXISTING FACILITIES, AND REMAINING CAPACITY OF A DISTRICT TO ISSUE ADDITIONAL CAPITAL IMPROVEMENT BONDS; AND TO AMEND TITLE 59, BY ADDING CHAPTER 75 SO AS TO ENACT THE SOUTH CAROLINA SCHOOL FACILITIES INFRASTRUCTURE ACT, TO ESTABLISH THE SOUTH CAROLINA SCHOOL FACILITIES INFRASTRUCTURE AUTHORITY, AND TO PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES; TO AUTHORIZE THE AUTHORITY TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS TO FINANCE SCHOOL FACILITIES; TO ALLOW STATE APPROPRIATIONS, GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE FUND OF THE AUTHORITY; TO AUTHORIZE LENDING TO AND BORROWING BY SCHOOL DISTRICTS THROUGH THE AUTHORITY; AND TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS BY THE AUTHORITY TO BE USED FOR ITS STATED PURPOSES.
Referred to Committee on Ways and Means

H. 4985 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT A REQUEST FOR A CONTESTED CASE HEARING MAY BE FILED NINE MONTHS AFTER AN APPLICATION HAS BEEN FILED WITH AN AGENCY FOR A LICENSE OR PERMIT IF THE AGENCY HAS NOT MADE A DETERMINATION, TO PROVIDE FOR PROCEDURES TO GRANT THE AGENCY AN EXTENSION TO ISSUE A TERMINATION, AND TO PROVIDE A TIME FRAME FOR COMPLETION OF DISCOVERY AND FOR THE CONTESTED CASE HEARING IN CONTESTED CASES INVOLVING THE CERTIFICATE OF NEED PROCESS.
Referred to Committee on Judiciary

H. 4986 (Word version) -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-75 SO AS TO REQUIRE SPECIAL INSTRUCTION REGARDING SKIN CANCER AND THE DANGERS OF THE SUN IN THE ELEMENTARY AND HIGH SCHOOLS OF THE STATE.
Referred to Committee on Education and Public Works

H. 4987 (Word version) -- Rep. Whipper: A BILL TO AMEND CHAPTER 79 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE PHYSICAL FITNESS SERVICES ACT, SO AS TO DELETE A TANNING CENTER AND MARTIAL ARTS STUDIO FROM ITS APPLICABILITY, PROVIDE FOR PERMANENT CLOSURE OF A SUBJECT FACILITY AS AN EVENT ALLOWING CANCELLATION OF A CONTRACT, DEFINE "PERMANENT CLOSURE", PROVIDE FOR RETURN OF UNEARNED PAYMENTS AND ANY EVIDENCE OF INDEBTEDNESS TO THE CANCELING CUSTOMER, THAT A SUBJECT CONTRACT MUST NOT BE SOLD OR ASSIGNED WITHOUT THE CUSTOMER'S CONSENT OR REQUIRE A CUSTOMER TO AFFIRMATIVELY CANCEL THE CONTRACT TO STOP AUTOMATIC RENEWAL, THAT A CONTRACT MAY BE ON A MONTH-TO-MONTH BASIS AND MAY BE PAID FOR BY AUTOMATIC DEBITS SUBJECT TO CERTAIN LIMITATIONS, THAT A SUBJECT CONTRACT IS VOIDABLE BY THE CUSTOMER IF THE FACILITY FAILS TO OBTAIN THE REQUISITE CERTIFICATE OF AUTHORITY, AND THAT THE PROVISIONS ARE ENFORCEABLE BY THE DEPARTMENT OF CONSUMER AFFAIRS AND THE ATTORNEY GENERAL.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4988 (Word version) -- Rep. Perry: A BILL TO REPEAL ACT 1135 OF 1974 RELATING TO JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF NEW ELLENTON IN AIKEN COUNTY AT THE COMBINED CAMPUS OF NEW ELLENTON JUNIOR HIGH SCHOOL AND TALATHA HAWTHORNE ELEMENTARY SCHOOL.
Referred to Aiken Delegation

H. 4989 (Word version) -- Rep. Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 40 SO AS TO REQUIRE A PERSON RENDERING INTERIOR DESIGN SERVICES TO BE REGISTERED WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO PROVIDE REQUIREMENTS FOR REGISTRATION AND REGISTRATION RENEWAL; AND TO FURTHER PROVIDE FOR THE REGISTRATION AND REGULATION OF INTERIOR DESIGNERS.
Referred to Committee on Labor, Commerce and Industry

H. 4990 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO ESTABLISH A PILOT FIRST STEPS TODDLER LEARNING CENTER PROGRAM IN EIGHT SCHOOL DISTRICTS EFFECTIVE BEGINNING WITH THE 2006-2007 SCHOOL YEAR, TO PROVIDE PROGRAM ELEMENTS, AND TO DIRECT THE OFFICE OF FIRST STEPS TO SCHOOL READINESS TO DEVELOP ACCOUNTABILITY MEASURES AND AN ASSESSMENT ELEMENT FOR THIS PILOT PROGRAM.
Referred to Committee on Education and Public Works

H. 4991 (Word version) -- Rep. Viers: A BILL TO REPEAL SECTIONS 56-5-6510, 56-5-6520, 56-5-6525, AS AMENDED, 56-5-6530, AS AMENDED, 56-5-6540, AS AMENDED, 56-5-6550, AND 56-5-6565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY USE OF A SAFETY BELT BY CERTAIN DRIVERS AND PASSENGERS OF CERTAIN MOTOR VEHICLES.
Referred to Committee on Education and Public Works

H. 4992 (Word version) -- Rep. Edge: A BILL TO AMEND SECTIONS 11-43-120 AND 11-43-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK AND THE DEFINITIONS APPLICABLE TO THE ESTABLISHMENT, POWERS, AND DUTIES OF THE BANK, SO AS TO RENAME THE BANK AS THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK AND TURNPIKE AUTHORITY AND PROVIDE ADDITIONAL FUNCTIONS OF THE BANK; AND TO AMEND SECTION 11-43-160, AS AMENDED, RELATING TO CAPITALIZATION OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK AND TURNPIKE AUTHORITY, SO AS TO AUTHORIZE THE BANK TO IMPLEMENT TOLLS AND USE TOLL REVENUES FOR QUALIFIED PROJECTS FINANCED BY THE BANK.
Referred to Committee on Ways and Means

H. 4993 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 7-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY COMMITTEES, SO AS TO PROVIDE THAT ALL ELECTED PRECINCT COMMITTEEMEN MAY VOTE ON QUESTIONS BEFORE THE COUNTY COMMITTEE, TO PROVIDE THAT THE CHAIRMAN MAY VOTE IN THE CASE OF A TIE, AND TO PROVIDE THAT AN ELECTED OFFICER OF THE COUNTY COMMITTEE WHO IS NOT A PRECINCT COMMITTEEMAN MAY VOTE DE FACTO, AND TO CLARIFY THE ELECTION PRECINCTS ORGANIZATIONAL RELATIONSHIP.
Referred to Committee on Judiciary

H. 4994 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 TO TITLE 38 SO AS TO ENACT THE INTERSTATE INSURANCE PRODUCT REGULATION COMPACT TO REGULATE CERTAIN DESIGNATED INSURANCE PRODUCTS.
Referred to Committee on Labor, Commerce and Industry

H. 4995 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 61-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF NONALCOHOLIC BEVERAGES, SO AS TO REVISE THE PERCENT OF ALCOHOL BY WEIGHT IN BEER, ALES, PORTER, AND OTHER SIMILAR MALT OR FERMENTED BEVERAGES IN ORDER FOR THESE BEVERAGES TO BE CONSIDERED NONALCOHOLIC.
Referred to Committee on Judiciary

H. 4996 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-3-54 SO AS TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM MAY NOT CHARGE STATE RESIDENTS PARK USE FEES IN EXCESS OF TWO-THIRDS OF THE OUT-OF-STATE RESIDENT PARK USE FEES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4997 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-185 SO AS TO PROVIDE THAT IT IS AN UNFAIR TRADE PRACTICE FOR THE ISSUER OF AN UNSOLICITED CREDIT CARD TO CHARGE AN ACTIVATION, ANNUAL, OR OTHER FEE UNLESS THE CARDHOLDER BENEFITS FROM THE CARD BY USING IT OR OTHERWISE AFFIRMATIVELY ACTS TO ACCEPT THE UNSOLICITED OFFER OF THE USE OF THE CARD, TO PROVIDE THAT NONPAYMENT OF THE FEE BY THE CARDHOLDER, WITHOUT ANY OTHER ACT, IS A REJECTION OF THE OFFER, AND TO DEFINE "CREDIT CARD".
Referred to Committee on Labor, Commerce and Industry

H. 4998 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-3-52 SO AS TO PROVIDE THAT A STATE PARK THAT HAS NO CAMPING FACILITIES AND THAT SHARES A LAKE AND OTHER PROPERTY WITH THE DEPARTMENT OF NATURAL RESOURCES MAY NOT CHARGE USE FEES IF THE DEPARTMENT OF NATURAL RESOURCES DOES NOT CHARGE A FEE FOR THE USE OF ITS FACILITIES IN THAT PARK.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4999 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTIONS 7-9-20, 7-9-30, AS AMENDED, 7-9-40, 7-9-50, AS AMENDED, 7-9-60, AND 7-9-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLUBS IN PARTY ORGANIZATION, SO AS TO CLARIFY THE ELECTION PRECINCTS ORGANIZATIONAL RELATIONSHIP.
Referred to Committee on Judiciary

H. 5000 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-235 SO AS TO PROVIDE THAT IF A SCHOOL DISTRICT UNDERTAKES THE RENOVATION OF AN EXISTING SCHOOL BUILDING OR FACILITY, THE RENOVATIONS ARE EXEMPT FROM SCHOOL BUILDING CODES, STANDARDS, OR REQUIREMENTS, AND COUNTY OR MUNICIPAL BUILDING CODES, STANDARDS, OR REQUIREMENTS PERTAINING TO SEISMIC AND WIND PROTECTIONS.
Referred to Committee on Education and Public Works

H. 5001 (Word version) -- Reps. Harrell, Hinson, Limehouse, Scarborough, Merrill, Whipper, Breeland, Mack, Young and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-450 SO AS TO PROVIDE FOR A "MAIN CAMPUS" AND AN "ENTERPRISE CAMPUS" AT TRIDENT TECHNICAL COLLEGE; BY DESIGNATING SECTIONS 59-53-410 THROUGH 59-53-450, RELATING TO THE TRIDENT TECHNICAL COLLEGE, AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 5, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 5, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE FURTHER DEVELOPMENT OF THE MAIN CAMPUS, TO PROVIDE FOR THE CREATION OF THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Referred to Committee on Ways and Means

S. 142 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-1210 OF THE 1976 CODE, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1250, RELATING TO SUPERVISION OF ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NUMBER OF ASSISTANTS AN ANESTHESIOLOGIST MAY SUPERVISE FROM TWO TO FOUR; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 772 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTORCYCLE FOOTRESTS, HANDLEBARS, AND REAR VIEW MIRRORS, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE SIZE AND POSITION OF A MOTORCYCLE'S HANDLEBARS.
Referred to Committee on Education and Public Works

S. 955 (Word version) -- Senators Moore and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 63 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

S. 996 (Word version) -- Senators Thomas and Ritchie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 63 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "CANCER RESEARCH CENTERS OF THE CAROLINAS" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

S. 1041 (Word version) -- Senators Hutto and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

S. 1047 (Word version) -- Senators Ryberg, Knotts and Lourie: A BILL TO AMEND SECTION 56-3-5400 OF THE 1976 CODE, RELATING TO FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES ONLY TO ACTIVE MEMBERS IN GOOD STANDING, TO PROVIDE A PERSON ISSUED A LICENSE PLATE PURSUANT TO THIS SECTION WHO CEASES TO BE A MEMBER MUST SURRENDER HIS LICENSE PLATE, AND TO PROVIDE PENALTIES FOR KNOWINGLY FAILING TO SURRENDER THE LICENSE PLATE.
Referred to Committee on Education and Public Works

S. 1058 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THE DEPARTMENT MAY NOT DISCLOSE ACCIDENT OR INCIDENT REPORTS, FACILITY RECORDS, OR COPIES OF FACILITY RECORDS SUBMITTED TO THE DEPARTMENT BY A FACILITY OR ACTIVITY LICENSED OR SUBJECT TO INSPECTION BY THE DEPARTMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1094 (Word version) -- Senators Leatherman, Alexander, Ryberg and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-370 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND COMMISSION OFFICERS AND MANAGEMENT EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FOR A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE COMMISSION IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION WITH RESPECT TO THE VARIOUS STATE RETIREMENT SYSTEMS AND INVESTMENTS ALLOWED FOR THE FUNDS OF THESE SYSTEMS, SO AS TO PROVIDE FOR ADDITIONAL INVESTMENTS; TO AMEND SECTION 9-1-1340, AS AMENDED, RELATING TO CONFLICT OF INTEREST PROVISIONS WITH RESPECT TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CONFORM THE PROVISIONS TO THE NATIONAL GUARD RETIREMENT SYSTEM; TO AMEND SECTION 9-10-60, RELATING TO STATE BUDGET AND CONTROL BOARD'S RESPONSIBILITIES WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND CONFLICT OF INTEREST PROVISIONS FOR THAT SYSTEM, SO AS TO CONFORM THESE RESPONSIBILITIES TO THE MANNER OF OPERATION OF THE OTHER STATE RETIREMENT SYSTEMS AND TO DELETE REDUNDANT PROVISIONS; TO AMEND SECTION 9-16-360, RELATING TO STANDARDS OF CONDUCT FOR FIDUCIARIES WITH RESPECT TO THE STATE RETIREMENT SYSTEMS, SO AS FURTHER TO DEFINE "INDIRECT INTEREST" AND TO ALLOW THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO WAIVE THESE STANDARDS BY CONTRACT WITH CERTAIN FIDUCIARIES.
Referred to Committee on Ways and Means

S. 1099 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO WARTIME DISABLED VETERANS, SO AS TO PROVIDE THAT A CERTIFICATE SIGNED BY THE COUNTY VETERANS AFFAIRS OFFICER THAT CERTIFIES A VETERAN'S DISABILITY MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES TO SATISFY ITS REQUIREMENTS FOR THE ISSUANCE OF THE SPECIAL LICENSE PLATE, TO LIMIT THE NUMBER OF SPECIAL LICENSE PLATES THAT MAY BE ISSUED TO A VETERAN, TO PROVIDE THAT A HOLDER OF A SPECIAL LICENSE PLATE MUST PROVIDE A NEW CERTIFICATION OF HIS DISABILITY AT THE TIME A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, AND TO PROVIDE THAT WHEN A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, A SURVIVING SPOUSE MUST CERTIFY THAT THE SPOUSE HAS NOT REMARRIED.
Referred to Committee on Education and Public Works

S. 1100 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-15-350, 56-16-180, AND 56-19-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, AND AN APPLICATION FOR A CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, SO AS TO REVISE A REFERENCE TO A PROVISION OF FEDERAL LAW.
Referred to Committee on Education and Public Works

S. 1133 (Word version) -- Senators Alexander, Bryant, Martin, Malloy, Mescher, Lourie, Gregory and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3870 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A MOTOR VEHICLE TO BE EQUIPPED WITH OR FOR THE OPERATOR OF A MOTOR VEHICLE TO EMPLOY A RADAR OR LASER JAMMING DEVICE, AND TO PROVIDE A PENALTY.
Referred to Committee on Education and Public Works

S. 1163 (Word version) -- Senators Sheheen, Reese, Hutto and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE
OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.
Referred to Committee on Labor, Commerce and Industry

S. 1165 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.
Referred to Committee on Education and Public Works

S. 1189 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 75 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE KOREAN WAR VETERANS SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

S. 1228 (Word version) -- Senators Alexander and Cromer: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
Referred to Committee on Judiciary

S. 1283 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 12-6-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE REDUCED STATE MARGINAL INDIVIDUAL INCOME TAX RATE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO MAKE THIS APPLICATION AT THE ELECTION OF THE TAXPAYER, TO PROVIDE A MINIMUM FIVE YEARS FOR THIS ELECTION, TO PROVIDE ADDITIONAL DEFINITIONS FOR THIS APPLICATION, AND TO PROVIDE A "SAFE HARBOR" AMOUNT IN DETERMINING THE NONPERSONAL SERVICE PORTION OF ACTIVE TRADE OR BUSINESS INCOME IN A PASS-THROUGH BUSINESS WITH GROSS INCOME OF LESS THAN ONE MILLION DOLLARS AND TAXABLE INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS.
Referred to Committee on Ways and Means

S. 1302 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE PARENT OF A STUDENT SHIFTED FROM ONE SCHOOL DISTRICT IN SUMTER COUNTY TO ANOTHER SCHOOL DISTRICT IN SUMTER COUNTY AS A RESULT OF REDISTRICTING MAY CHOOSE THE SCHOOL DISTRICT THE STUDENT SHALL ATTEND WITHOUT PENALTY OF TUITION.
Referred to Sumter Delegation

S. 1314 (Word version) -- Judiciary Committee: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 TO CREATE THE ORDER OF THE SWORD AND MACE, THE HIGHEST CIVILIAN HONOR THAT MAY BE AWARDED TO LIVING PERSONS OR AWARDED POSTHUMOUSLY BY THE GENERAL ASSEMBLY; TO RECOGNIZE STATE CITIZENS FOR EXCELLENCE, VALOR, OR EXTRAORDINARY SERVICE; AND TO PROVIDE FOR THE METHOD OF SELECTING HONOREES.
Referred to Committee on Judiciary

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4959 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO HONOR THE FAITHFUL CLERGY AND CONGREGANTS OF FIRST BAPTIST CHURCH OF DARLINGTON COUNTY FOR THEIR DEDICATED SERVICE TO THE GREATER COMMUNITY AND TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CHURCH ON APRIL 23, 2006.

H. 4973 (Word version) -- Rep. Haskins: A CONCURRENT RESOLUTION TO HONOR CHARLES HENRY NICHOLAS, JR., AND GAIL LONG NICHOLAS OF GREENVILLE, SOUTH CAROLINA, FOR THEIR LONG-TERM DEDICATION TO THE EDUCATIONAL PROFESSION AND TO COMMEND THEM ON THEIR INDIVIDUAL CONTRIBUTIONS TO BOB JONES ACADEMY.

ADJOURNMENT

At 10:20 a.m. the House in accordance with the motion of Rep. MERRILL adjourned to meet at 10:00 a.m. in Local Session, Friday, April 14.

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