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 51:12: "Restore to me the joy of your salvation and sustain in me a willing spirit."
Let us pray. Lord, help us to see that we don't have to overcome the troubles of this world by ourselves. Help us to trust in what You have already done for us. Lead us through the maze of our work that we may accomplish what You desire and what is good for the people of this State. Direct us to do the bidding in this place guided by Your spirit. Bless our Nation, President, State, Governor, these Representatives, staff, our Speaker and all who carry the responsibility of leadership in this State. Keep our defenders of freedom safe in Your care as they protect us. In the name of our 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.

Rep. MARTIN moved that when the House adjourns, it adjourn in memory of Inez Gass, mother of Representative Becky Martin, which was agreed to.

The following was received:

Columbia, S.C., April 5, 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., on Thursday, April 6, 2006, for the purpose of Ratifying Acts.

On motion of Rep. LEACH the invitation was accepted.

The following was introduced:

H. 4955 (Word version) -- Reps. Harvin, 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, 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 HONOR AND COMMEND ST. PAUL PRIMARY SCHOOL OF CLARENDON COUNTY FOR BEING RECOGNIZED BY THE STATE OF SOUTH CAROLINA EDUCATION OVERSIGHT COMMITTEE AS A SOUTH CAROLINA PUBLIC SCHOOL COMMITTED TO "CLOSING THE GAP" AMONG STUDENTS OF DIFFERING ECONOMIC, RACIAL, AND ETHNIC GROUPS.

The Resolution was adopted.

The following was introduced:

H. 4956 (Word version) -- Rep. Coleman: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR LUCY WILLIAMS GIBSON FOR HER EXTRAORDINARY LIFE AND LOVE FOR HER FAMILY AND COMMUNITY, AND TO WISH HER ALL THE BEST UPON HER ONE-HUNDREDTH BIRTHDAY.

The Resolution was adopted.

The following was introduced:

H. 4957 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO CONGRATULATE MELISSA REYNOLDS SMITH, SECOND GRADE TEACHER AT WATEREE ELEMENTARY SCHOOL IN KERSHAW COUNTY, UPON BEING NAMED THE 2005-2006 KERSHAW COUNTY SCHOOL DISTRICT TEACHER OF THE YEAR, AND TO EXTEND SINCERE APPRECIATION FOR HER OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.

The Resolution was adopted.

The following was introduced:

H. 4958 (Word version) -- Reps. R. Brown, Whipper, Hagood, Limehouse, Mack, Merrill, Scarborough and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES RANTOWLES CREEK ALONG UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THE "HISTORIC ST. PAUL'S PARISH BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HISTORIC ST. PAUL'S PARISH BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

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.

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

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

H. 4960 (Word version) -- Reps. Dantzler, Jefferson, Bailey, Harrell, Hinson, Hosey, Merrill and Umphlett: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ON MOTOR HOMES, SO AS TO PROVIDE THAT IN DETERMINING THE FAIR MARKET VALUE OF A MOTOR HOME SUBJECT TO PROPERTY TAX AS A PRIMARY OR SECOND RESIDENCE THE MOTOR HOME IS CONSIDERED A MOTOR VEHICLE.
Referred to Committee on Ways and Means

H. 4961 (Word version) -- Reps. Rhoad, Witherspoon, Toole, M. A. Pitts and Vick: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO THREE IN ANY ONE DAY.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4962 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OFFICE OF THE ATTORNEY GENERAL, RELATING TO SECURITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3045, PURSUANT TO THE

H. 4963 (Word version) -- Rep. Stewart: A BILL TO AMEND SECTION 38-53-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BENCH WARRANT, SO AS TO INCREASE FROM THIRTY TO ONE HUNDRED TWENTY THE NUMBER OF DAYS WITHIN WHICH A DEFENDANT'S BOND MUST BE FORFEITED IF THE SURETY FAILS TO SURRENDER THE DEFENDANT OR PLACE A HOLD ON HIS RELEASE FROM INCARCERATION, COMMITMENT, OR INSTITUTIONALIZATION.
Referred to Committee on Judiciary

H. 4964 (Word version) -- Rep. Stewart: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROFESSIONAL BONDSMAN'S MAINTENANCE OF SECURITY DEPOSITS WITH THE CLERK OF COURT, SO AS TO REVISE THE AMOUNT A PROFESSIONAL BONDSMAN SHALL MAINTAIN AS A DEPOSIT WITH A CLERK OF COURT, AND TO REQUIRE THAT THE MINIMUM AMOUNT OF THIS COLLATERAL MUST BE TWENTY-FIVE THOUSAND DOLLARS IN CASH.
Referred to Committee on Judiciary

H. 4965 (Word version) -- Reps. Loftis, Pinson, Hardwick, Barfield, Bannister, Ceips, Clark, Clemmons, Coates, Davenport, Duncan, Edge, Frye, Hamilton, Harrison, Haskins, Hiott, Mahaffey, Merrill, Norman, Owens, Perry, M. A. Pitts, Sandifer, Scarborough, F. N. Smith, Stewart, Talley, Walker, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-525 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary

H. 4966 (Word version) -- Reps. Hinson, Merrill, Hodges, Jefferson, Thompson, McGee, Bailey, Cooper, Dantzler, Hagood, Harrell, Limehouse, Scarborough, J. R. Smith and Umphlett: A BILL TO AMEND

H. 4970 (Word version) -- Reps. Herbkersman, Rivers, Barfield, Kennedy, McLeod, J. H. Neal, Rutherford, Hosey, Rhoad, Jefferson, Mitchell, Mack, Agnew, Anderson, Anthony, Bailey, Bales, Ballentine, Battle, 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, Haley, Hamilton, Hardwick, Harrison, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hiott, Hodges, Kirsh, Leach, Littlejohn, Loftis, Mahaffey, Martin, McCraw, Miller, Moody-Lawrence, Norman, Ott, Owens, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scott, Simrill, Sinclair, Skelton, F. N. Smith, J. E. Smith, J. R. Smith, Stewart, Taylor, Thompson, Townsend, Tripp, Viers, Walker, White, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-280 SO AS TO REQUIRE APPROVAL BY THE GENERAL ASSEMBLY BEFORE THE STATE PORTS AUTHORITY TAKES ANY ACTION IN CONNECTION WITH THE CONSTRUCTION OF A SHIPPING TERMINAL IN JASPER COUNTY.
Referred to Committee on Ways and Means

H. 4971 (Word version) -- Rep. White: A BILL TO AMEND ARTICLE 9 OF CHAPTER 49, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF REAL PROPERTY MORTGAGEES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES, PROCESSES, AND REQUIREMENTS TO BE FOLLOWED IN REGARD TO THESE RIGHTS, AND TO INCLUDE LIENHOLDERS OF MOBILE OR MANUFACTURED HOMES WITHIN THE PROVISIONS OF THIS ARTICLE AND TO PROVIDE FOR PROCEDURES, PROCESSES, AND REQUIREMENTS APPLICABLE TO THESE LIENHOLDERS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO

H. 4972 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 41 SO AS TO ENACT THE "WORKER'S RIGHT TO KNOW ACT", TO PROVIDE MEMBERS OF LABOR ORGANIZATIONS EMPLOYED BY PUBLIC AGENCIES WITH INFORMATION CONCERNING MEMBERSHIP IN LABOR ORGANIZATIONS THROUGH COMPREHENSIVE DISCLOSURE OF LABOR ORGANIZATION FINANCES, TO PROVIDE FOR THE PROTECTION OF A WORKER'S FREEDOM OF SPEECH, ASSEMBLY, AND OTHER RIGHTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry

S. 862 (Word version) -- Senators Cleary, Ford, Hutto, Knotts, Malloy, Cromer, Drummond, Setzler, Land, Short, Scott, Bryant, Anderson, Elliott and Williams: A BILL TO AMEND SECTION 15-41-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO PROVIDE THAT THE EXEMPTION GRANTED TO A DEBTOR'S INTEREST IN PROPERTY USED AS A DEBTOR'S RESIDENCE DOES NOT EXCEED ONE HUNDRED FIFTY

S. 1038 (Word version) -- Senators Martin, Gregory, Cleary, Knotts, Richardson, Ryberg, Mescher, Scott, Grooms, Elliott, Verdin and Williams: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 135, TO ENACT THE "ASBESTOS AND SILICA VICTIMS PROTECTION ACT OF 2006", TO PROVIDE THAT, EXCEPT FOR CLAIMS BASED ON MESOTHELIOMA, NO PERSON MAY BRING OR MAINTAIN AN ASBESTOS OR SILICA CLAIM WITHOUT FIRST MAKING A PRIMA FACIE SHOWING THAT A QUALIFIED PHYSICIAN HAS DIAGNOSED THE PERSON WITH AN ASBESTOS-RELATED OR SILICA-RELATED DISEASE BASED ON THE PHYSICIAN'S ANALYSIS OF A DETAILED OCCUPATIONAL AND EXPOSURE HISTORY OF THE PERSON AND AN ANALYSIS OF THE PERSON'S MEDICAL HISTORY, TO ESTABLISH CRITERIA FOR THE REQUIRED MEDICAL DOCUMENTATION OF THE EXPOSED PERSON'S PHYSICAL IMPAIRMENT, TO ESTABLISH THAT THE LIMITATIONS PERIOD FOR AN EXPOSED PERSON TO BRING AN ACTION DOES NOT BEGIN TO RUN UNTIL THE EXPOSED PERSON DISCOVERS, OR SHOULD HAVE DISCOVERED, HIS OR HER PHYSICAL IMPAIRMENT, TO LIMIT THE LIABILITY OF THE SELLER OF A PRODUCT THAT CONTAINS ASBESTOS OR SILICA WHERE THE SELLER IS NOT THE MANUFACTURER OF THE PRODUCT, TO CLARIFY THAT THIS ACT DOES NOT AFFECT THE SCOPE OR OPERATION OF ANY WORKER'S COMPENSATION LAW OR VETERANS' BENEFIT PROGRAM, AND TO ESTABLISH CERTAIN OTHER REQUIREMENTS TO FILE AND MAINTAIN AN ASBESTOS OR SILICA CLAIM.
Referred to Committee on Judiciary

S. 1147 (Word version) -- Senators O'Dell, McGill and Knotts: A BILL TO AMEND SECTION 40-79-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO SPECIFY THE NATIONAL TRAINING

S. 1297 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE, RELATING TO OFFER OF JUDGMENT, AUTHORIZED PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
Referred to Committee on Judiciary

S. 1298 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF APPELLATE PROCEDURE, RELATING TO COURT-ANNEXED ALTERNATIVE DISPUTE RESOLUTION RULES, AUTHORIZED PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
Referred to Committee on Judiciary

The following was introduced:

H. 4967 (Word version) -- Reps. Weeks, G. M. 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. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO

The Resolution was adopted.

The following was introduced:

H. 4968 (Word version) -- Reps. Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN HORRY COUNTY AS PART OF THE NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF HORRY COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4969 (Word version) -- Reps. Weeks, G. M. 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. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White,

The Resolution was adopted.

The Senate sent to the House the following:

S. 1309 (Word version) -- Senators Sheheen, Martin, Lourie, Setzler, Alexander, Short and Hawkins: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF THE TREASURY TO ADOPT A VIGOROUS AND STRONG TRADE POLICY REGARDING CURRENCY MANIPULATION AND TO TAKE SWIFT AND RESPONSIVE ACTIONS IN THE WORLD TRADE ORGANIZATION TO HALT CURRENCY MANIPULATION AND OTHER UNLAWFUL BARRIERS TO FAIR AND FREE TRADE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 1310 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM ON THEIR SECOND NATIONAL INVITATION TOURNAMENT CHAMPIONSHIP, RECOGNIZING THEIR HARD WORK AND DEDICATION, AND WISHING THEM MUCH SUCCESS IN FUTURE SEASONS.

Whereas, the Gamecocks became the first team to win back-to-back NIT titles since 1944, beating Michigan 76-64 Thursday, March 30, 2006, in Madison Square Garden; and

Whereas, USC was able to overcome a difficult regular season to upset Tennessee and Kentucky on their way to the SEC tournament

Whereas, from the start of the Championship game, the USC Gamecocks appeared unstoppable. Making fifty-three percent of their shots in the first half, and continuing a tough defense throughout the game, the team quickly commandeered a double digit lead against the Wolverines; and

Whereas, team leaders Tarence Kinsey and Tré Kelley scored twenty-one and twenty points, respectively, and Renaldo Balkman, the tournament's Most Outstanding Player, assisted with ten points, eleven rebounds, and a career-high six blocks; and

Whereas, under the leadership of Head Coach Dave Odom, the Gamecocks have reached the NIT semifinal round in three of his five seasons; and

Whereas, the team continues to be a source of pride for the entire state of South Carolina and we look forward to cheering them on in future tournaments. Now, therefore,

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

That the members of the South Carolina General Assembly congratulate the University of South Carolina's Men's Basketball Team on their second consecutive NIT title, recognize their hard work and dedication, and wish them much success in future seasons.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Herbert C. Adams, Chairman, University of South Carolina Board of Trustees; Dr. Andrew A. Sorensen, University of South Carolina President; Mr. Eric Hyman, University of South Carolina Director of Athletics; and University of South Carolina Head Basketball Coach Dave Odom.

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

The Senate sent to the House the following:

S. 1320 (Word version) -- Senators Malloy and Leatherman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2006.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

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

Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Brady                  Branham                Breeland
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Emory                  Frye                   Funderburk
Govan                  Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hayes
J. Hines               Hinson                 Hiott
Hodges                 Hosey                  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
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            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Tripp
Umphlett               Vaughn                 Walker
Weeks                  White                  Whitmire
Witherspoon            Young

I came in after the roll call and was present for the Session on Thursday, April 6.

Paul Agnew                        Ronald Townsend
Denny Neilson                     Ted Vick
Jackson "Seth"  Whipper           Creighton Coleman
Mack Hines                        Thad Viers
Gloria Haskins                    William Clyburn
Karl Allen                        Fletcher Smith
Grady Brown
Leon Howard   William Bowers

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

The SPEAKER granted Rep. DUNCAN a leave of absence for the day due to business reasons.

Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.

Reps. ANDERSON and KENNEDY presented to the House the Hemmingway High School Tigers Boys Basketball Team, the 2005-2006 Class A Champions, their coach and other school officials.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 3977 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4455 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4465 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4511 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4661 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4487 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4888 (Word version)
Date:   ADD:
04/06/06   E. H. PITTS

Bill Number:   H. 4888 (Word version)
Date:   ADD:
04/06/06   BALLENTINE

Bill Number:   H. 4888 (Word version)
Date:   ADD:
04/06/06   CLARK

Bill Number:   H. 4888 (Word version)
Date:   ADD:
04/06/06   BANNISTER

Bill Number:   H. 4351 (Word version)
Date:   ADD:
04/06/06   BINGHAM

Bill Number:   H. 4888 (Word version)
Date:   ADD:
04/06/06   DAVENPORT

Bill Number:   H. 4829 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4874 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4879 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4840 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4921 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4924 (Word version)
Date:   ADD:
04/06/06   MITCHELL

Bill Number:   H. 4970 (Word version)
Date:   REMOVE:
04/06/06   HINSON

Rep. MERRILL moved that when the House adjourns today that it adjourn to meet in Local Session on Friday, April 7, at 10:00 a.m., Local Session on Tuesday, April 11, at 12:00 noon, and Local Session on Wednesday, April 12, at 10:00 a.m., which was agreed to.

Rep. MERRILL moved that pursuant to House Rule 6.1(b), the House meet on Thursday, April 13th, at 10:00 a.m. for the exclusive purpose of the introduction and referral of Bills and receipt and reading

Rep. MERRILL moved that when the House adjourns on Thursday, April 13th, that it adjourn to meet in Local Session on Friday, April 14th, at 10:00 a.m. and in Statewide Session on Tuesday, April 18th, at 12:00 noon, which was agreed to.

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

H. 4912 (Word version) -- Reps. Lucas, Neilson and J. Hines: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE DARLINGTON COUNTY BOARD OF EDUCATION, SO AS TO CHANGE THE CANDIDATE FILING DEADLINE FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH AND CHANGE THE DATE THE FIRST NOTICE MUST BE PUBLISHED.

H. 4317 (Word version) -- Reps. Brady, Funderburk, Mitchell, Bowers, Ballentine, Ceips, Scarborough and Cotty: 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.

H. 4922 (Word version) -- Rep. J. E. Smith: A BILL TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; TO PROVIDE THAT REAL PROPERTY HELD BY THE COMMISSION MUST BE TRANSFERRED IN ACCORDANCE WITH THE INSTRUMENT THROUGH WHICH THE PROPERTY WAS CONVEYED TO THE COMMISSION; AND TO PROVIDE THAT THE STATE SHALL CONVEY TO RICHLAND COUNTY ANY PROPERTY THAT REVERTS TO THE STATE; AND TO

H. 4940 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG 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.

Rep. G. M. SMITH moved to adjourn debate upon the following Bill, which was adopted:

S. 1264 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER BOARD, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2006, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 ON JULY 1, 2006, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE AS SUPERVISOR AND FISCAL AGENT OF THE SCHOOL UNDER THE DIRECTION OF THE SUPERINTENDENTS.

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

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 FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.

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

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

Rep. WITHERSPOON explained the Joint Resolution.

S. 800 (Word version) -- Senators Sheheen and Hawkins: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS AND PROVIDE FOR A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IF INJURY TO A CHILD RESULTS FROM A VIOLATION.

Rep. G. M. SMITH explained the Bill.

Rep. SCARBOROUGH explained the Joint Resolution.

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4858 (Word version) be read the third time tomorrow.

On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that S. 800 (Word version) be read the third time tomorrow.

On motion of Rep. SCARBOROUGH, with unanimous consent, it was ordered that S. 1143 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4773 (Word version) -- Reps. Sinclair, Rivers, Harrison, G. M. Smith, Davenport, Mitchell, McLeod, Allen, Delleney, Mahaffey, McGee, W. D. Smith, Talley and White: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH A HEALTH CARE POWER OF ATTORNEY, SO AS TO CONFORM THE SOUTH CAROLINA STATUTORY FORM FOR THE HEALTH CARE POWER OF ATTORNEY TO PROVIDE FURTHER FOR A SUCCESSOR AGENT, TO INCLUDE A HIPAA (HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996) AUTHORIZATION, TO CLARIFY DESIGNATION CHOICES IN CONNECTION WITH TUBE FEEDING, AND TO PROVIDE FOR AN OPTIONAL ACKNOWLEDGEMENT BY A NOTARY PUBLIC.

Rep. SINCLAIR 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. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT HIS REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND IN ADDITION TO HOSPITALIZING THE PERSON, TO AUTHORIZE THE COURT IN SUCH A PROCEEDING TO CONTINUE THE PERSON IN DETENTION OR ON BOND.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12397AC06), which was adopted:
Amend the bill, as and if amended, Section 44-23-410, page 2, line 13 and 28 by deleting /sixty/ and inserting /forty-five/ and on line 31 by deleting /thirty/ and inserting /fifteen/. So when amended Section 44-23-410 reads:

(1)   order examination of the person by two examiners designated by the Department of Mental Health if the person is suspected of having a mental illness or designated by the Department of Disabilities and Special Needs if the person is suspected of being mentally retarded or having a related disability or by both sets of examiners if the person is suspected of having both mental illness and mental retardation or a related disability; the examination must be made within fifteen forty-five days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or

(2)   order the person committed for examination and observation to an appropriate facility of the Department of Mental Health or the Department of Disabilities and Special Needs for a period not to exceed fifteen days. If at the end of fifteen days the examiners have been unable to determine whether the person is fit to stand trial, the director of the facility shall request in writing an additional period for observation not to exceed fifteen days. If the person or his counsel requests, the person may be examined additionally by a designated examiner of his choice. The report of the examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. However, the court may prescribe the time and conditions under which the independent examination is conducted Before the expiration of the forty-five day period provided for examination in item (1), the examiners may request, and upon a showing of good cause the judge may grant, an extension of time of up to fifteen days to complete the examination. The report of examination is admissible as evidence in subsequent hearings pursuant to Section 44-23-430. If the person or his counsel request, the court may authorize the person to be examined additionally by a designated examiner of his choice. However, the court may prescribe the time and conditions under which the independent examination is conducted. If the examiners designated by the Department of Mental Health find indications of mental retardation or a related disability but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the

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

Rep. SINCLAIR explained the Bill.

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

On motion of Rep. SINCLAIR, with unanimous consent, it was ordered that H. 4735 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3795 (Word version) -- Reps. Rutherford, Scott, Hosey, Govan, Cobb-Hunter, Hamilton, Loftis, E. H. Pitts, G. R. Smith, Mahaffey, J. Brown and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-25 SO AS TO PROHIBIT SMOKING IN A RESTAURANT AND TO PROVIDE A PENALTY FOR VIOLATION.

Rep. BATTLE 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. 4240 (Word version) -- Reps. Sandifer, Cato and Vaughn: A BILL TO AMEND SECTION 23-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF THE TERM "COMMITTEE"; AND TO AMEND SECTION 23-47-65, AS AMENDED, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REENACT THE SECTION ESTABLISHING THE COMMITTEE AND MAKE IT PERMANENT, TO REVISE THE NAME OF THE COMMITTEE, TO REMOVE THE STATE AUDITOR AND THE DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES AS MEMBERS OF THIS COMMITTEE, TO INCLUDE A DIVISION DIRECTOR OF THE BUDGET AND CONTROL BOARD AS A MEMBER OF THE BOARD, TO ELIMINATE TERM LIMITS APPLICABLE TO COMMITTEE MEMBERS, TO MAKE TECHNICAL CHANGES, AND TO MAKE CONFORMING AMENDMENTS.

Rep. SANDIFER explained the Bill.

Rep. MCLEOD 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. 4351 (Word version) -- Reps. Ballentine, W. D. Smith, Vick, G. M. Smith, Altman, Hagood, Haley, Neilson, J. E. Smith, Haskins, Jennings, Funderburk, Jefferson, Hinson, G. Brown, Limehouse, Townsend, Miller, Agnew, Pinson, Sinclair, Bannister, Frye, E. H. Pitts, Clark, Umphlett, Leach, Loftis, Battle, Kennedy, Anthony, Allen, Mack, Anderson, Moody-Lawrence, Mitchell, McLeod, Coleman, Clemmons, Delleney, Rutherford, R. Brown, Parks, J. H. Neal, Howard, Clyburn, Govan, Hodges, Cobb-Hunter, Hosey, J. Brown, Young, M. Hines, Weeks, Hiott, Toole, Huggins, Hardwick, M. A. Pitts, Littlejohn, Branham, Cotty, J. R. Smith, Owens, Duncan, Skelton, Mahaffey, Bales, Whipper, Stewart, McGee, Hamilton, Bowers, Perry, Viers, Dantzler, Davenport, Chellis, Herbkersman and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12395AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 3, Chapter 20, Title 44 of the 1976 Code is amended by adding:

"Section 44-20-227.   (A)   There is created the Autism Early Intervention Advisory Committee within the Department of Disabilities and Special Needs. The committee must be composed of the Director of the Department of Disabilities and Special Needs or his designee, who shall serve as chairman of the committee, the Director of the Department of Health and Human Services or his designee, the Superintendent of Education or his designee, the Chairman of the House Education and Public Works Committee or his designee, the Chairman of the House Ways and Means Committee or his designee, the Chairman of the Senate Education Committee or his designee, the Chairman of the Senate Finance Committee or his designee, four

(B)   The committee shall make recommendations to the department on the administration of the Autism Early Intervention Fund. In developing its recommendations the advisory committee shall consider among other things, ages of children to receive developmental training focusing on the youngest ages feasible for treatment effectiveness, types of training or treatment options, types of conditions, proof of gains, and qualifications of providers.

(C)   The department is authorized to serve persons with autistic disorder, but may, from monies in the Autism Early Intervention Fund, award grants or negotiate and contract with public or private entities to implement intervention programs for children who have been diagnosed with a pervasive developmental disorder.

(D)   The Autism Early Intervention Advisory Committee shall report to the General Assembly and the Governor on the number of children participating in programs awarded grants pursuant to this section, the methodology of the treatment options, and the number of children that were mainstreamed into public or private school as a result of the therapies provided by these programs. The report must be submitted annually by December thirty-first for the duration of the program.

(E)   As used in this section:

(1)   'Developmental training' means special education programs or other developmental training programs available to children diagnosed with a pervasive developmental disorder.

(2)   'Pervasive developmental disorder' means a neurological condition, including autistic disorder and Asperger's syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

(F)   The Early Autism Intervention Fund is contingent upon the General Assembly providing funding annually in the appropriations act sufficient for awarding grants and contracts in accordance with this section.

(G)   This section does not establish or authorize creation of an entitlement program or benefit."
SECTION   2.   This act takes effect January 1, 2007./

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

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

On motion of Rep. BINGHAM, with unanimous consent, it was ordered that H. 4351 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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.

Rep. VAUGHN 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 Joint Resolution was taken up:

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.

Rep. VAUGHN 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.

On motion of Rep. WALKER, 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. 4075 (Word version) -- Reps. Lucas and Vick: A BILL TO AMEND SECTION 11-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN A SCHOOL DISTRICT IS SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT IF A SCHOOL DISTRICT WHOSE BUDGET OF TOTAL EXPENDITURES, INCLUDING DEBT SERVICE, EXCEEDS SEVENTY-FIVE MILLION DOLLARS BECAUSE OF A ONE-TIME CONSTRUCTION PROJECT, THE SCHOOL DISTRICT IS EXEMPT FROM THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE.

Rep. SCOTT asked unanimous consent to recall H. 3028 (Word version) from the Committee on Education and Public Works.
Rep. WALKER objected.

Rep. MARTIN moved to reconsider the vote whereby the following Bill was given a second reading:

S. 800 (Word version) -- Senators Sheheen and Hawkins: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS AND PROVIDE FOR A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IF INJURY TO A CHILD RESULTS FROM A VIOLATION.

Rep. MARTIN spoke in favor of the motion to reconsider.
Rep. MARTIN spoke in favor of the motion to reconsider.
Rep. RUTHERFORD spoke against the motion to reconsider.

Rep. FUNDERBURK moved to table the motion to reconsider.

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

Those who voted in the affirmative are:

Bailey                 Ballentine             Bannister
Barfield               Brady                  Branham
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Coleman                Cooper                 Cotty
Dantzler               Delleney               Edge
Frye                   Funderburk             Hagood
Harrell                Harrison               Hinson
Hiott                  Jennings               Limehouse
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Perry
Rice                   Rutherford             Scarborough

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               Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  Witherspoon            Young

Those who voted in the negative are:

Agnew                  Anderson               Bales
Bingham                Bowers                 Breeland
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Davenport              Emory
Govan                  Hamilton               Hardwick
Harvin                 Hayes                  J. Hines
M. Hines               Hosey                  Jefferson
Kennedy                Kirsh                  Leach
Littlejohn             Loftis                 Mack
Martin                 McLeod                 Miller
Mitchell               Moody-Lawrence         J. H. Neal
Neilson                Ott                    Parks
Phillips               Pinson                 Rhoad
Scott                  F. N. Smith            White

So, the motion to reconsider was tabled.

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,

Reps. J. E. SMITH, HARRISON, BRANHAM, SCOTT, BRADY, J. H. NEAL, J. BROWN, COTTY and BALES proposed the following Amendment No. 11A (Doc Name COUNCIL\MS\7236AHB06), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety SECTION 2, page 4, beginning on line 31 and inserting:
/ SECTION   2.   Section 1-23-320 of the 1976 Code, as last amended by Act 359 of 1998, is further amended by adding an appropriately lettered subsection to read:

"( )   Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence." /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. BINGHAM spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.

Rep. KENNEDY moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Agnew                  Breeland               J. Brown
Clyburn                Cobb-Hunter            Coleman
Funderburk             Hayes                  J. Hines
M. Hines               Hiott                  Hosey
Howard                 Jennings               Kennedy
Littlejohn             Lucas                  Mahaffey
Martin                 McGee                  Moody-Lawrence
Phillips               Rivers                 Rutherford
Simrill                Sinclair               Skelton

G. M. Smith            Talley                 Walker
Whipper                Whitmire

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  R. Brown               Cato
Chalk                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Emory                  Frye
Govan                  Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Haskins
Hinson                 Huggins                Jefferson
Kirsh                  Leach                  Limehouse
Loftis                 Mack                   McCraw
McLeod                 Merrill                Miller
Mitchell               J. H. Neal             Neilson
Ott                    Perry                  Pinson
E. H. Pitts            Rhoad                  Rice
Sandifer               Scott                  D. C. Smith
F. N. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Thompson               Toole                  Tripp
Umphlett               Vaughn                 Weeks
White                  Witherspoon            Young

So, the House refused to adjourn.

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

Rep. BRADY spoke in favor of the amendment.
Rep. BRADY spoke in favor of the amendment.

Rep. CATO moved to table the motion.

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

Those who voted in the affirmative are:

Allen                  Anthony                Ballentine
Bingham                Branham                R. Brown
Cato                   Chalk                  Clark
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Edge
Frye                   Haley                  Hamilton
Hardwick               Harrell                Harrison
Hinson                 Huggins                Jefferson
Jennings               Kirsh                  Leach
Loftis                 Martin                 McCraw
McGee                  McLeod                 Merrill
Mitchell               Ott                    Perry
E. H. Pitts            Sandifer               Simrill
D. C. Smith            F. N. Smith            G. R. Smith
J. R. Smith            Stewart                Toole
Townsend               Tripp                  Umphlett
Vaughn                 Viers                  White
Whitmire               Witherspoon            Young

Those who voted in the negative are:

Anderson               Bales                  Barfield
Battle                 Bowers                 Brady
Breeland               J. Brown               Chellis
Cotty                  Emory                  Funderburk
Govan                  Hagood                 Harvin
Haskins                Hayes                  J. Hines
M. Hines               Hiott                  Hosey
Kennedy                Littlejohn             Lucas

Mack                   Mahaffey               Miller
J. H. Neal             J. M. Neal             Neilson
Phillips               Pinson                 Rhoad
Rice                   Rivers                 Rutherford
Scarborough            Scott                  Sinclair
Skelton                G. M. Smith            J. E. Smith
Talley                 Thompson               Vick
Walker                 Weeks                  Whipper

So, the motion to adjourn debate was tabled.

Rep. HALEY spoke against the amendment.

Rep. HALEY moved to table the amendment.

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

Those who voted in the affirmative are:

Allen                  Anthony                Barfield
Bingham                Cato                   Chalk
Clark                  Clemmons               Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Frye
Hagood                 Haley                  Hardwick
Harrell                Harvin                 Hayes
Hinson                 Huggins                Jennings
Kennedy                Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
McLeod                 Merrill                Moody-Lawrence
Ott                    Perry                  Phillips
E. H. Pitts            Rhoad                  Rivers
Sandifer               Scarborough            Simrill
Sinclair               D. C. Smith            F. N. Smith
J. R. Smith            Stewart                Talley
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn

Viers                  Walker                 White
Witherspoon            Young

Those who voted in the negative are:

Ballentine             Battle                 Bowers
Brady                  Branham                Breeland
J. Brown               R. Brown               Clyburn
Cotty                  Edge                   Emory
Funderburk             Govan                  Hamilton
Harrison               Haskins                J. Hines
M. Hines               Hiott                  Hosey
Jefferson              Mack                   Mahaffey
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Pinson
Rice                   Rutherford             Scott
Skelton                G. R. Smith            J. E. Smith
Vick                   Weeks                  Whipper
Whitmire

So, the amendment was tabled.

Rep. CATO moved cloture on the entire matter.

Rep. E. H. PITTS demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Anthony                Barfield               Bingham
Cato                   Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coleman                Cooper                 Dantzler
Davenport              Frye                   Hagood
Haley                  Hardwick               Harvin
Hinson                 Huggins                Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Martin

McCraw                 McGee                  McLeod
Merrill                Perry                  Phillips
E. H. Pitts            Rhoad                  Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Toole                  Townsend
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Witherspoon            Young

Those who voted in the negative are:

Allen                  Ballentine             Battle
Bowers                 Brady                  Branham
Breeland               J. Brown               R. Brown
Cobb-Hunter            Cotty                  Delleney
Emory                  Funderburk             Govan
Hamilton               Harrell                Harrison
Haskins                J. Hines               M. Hines
Hiott                  Hosey                  Jefferson
Jennings               Lucas                  Mack
Mahaffey               Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Pinson                 Rice
Rutherford             Scott                  G. M. Smith
J. E. Smith            Thompson               Tripp
Vick                   Weeks                  Whipper

So, cloture was ordered.

Rep. CATO moved to adjourn debate upon the Senate Amendments until Tuesday, April 18, which was agreed to.

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

H. 4585 (Word version) -- Reps. Simrill, Bowers, Kennedy, Duncan, Bannister, Ceips, Cobb-Hunter, Leach, Limehouse, Littlejohn, Ott and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-682 SO AS TO DESIGNATE BOILED PEANUTS AS THE OFFICIAL STATE SNACK FOOD.

Rep. SIMRILL 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.

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

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

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

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

H. 4427 (Word version) -- Reps. Cato, Harrell, Sandifer, Leach, Walker, Loftis, Bingham, Townsend, Simrill, Haley, Anthony, Littlejohn, Davenport, Clark, Taylor, Young, Vaughn, Witherspoon, Bailey, Barfield, Battle, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Hamilton, Herbkersman, Hinson, Hiott, Huggins, Kirsh, McCraw, Norman, Owens, Perry, E. H. Pitts, Rice, Scarborough, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Tripp, White, Thompson, Mitchell, Mahaffey, Hagood and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE FOR THE ORDERLY DISSOLUTION OF THE SECOND INJURY FUND AND TO PROVIDE FOR SUBSEQUENT ACTIONS TO BE TAKEN BY THE BUDGET AND CONTROL BOARD RELATING TO THE WINDING DOWN OF OPERATIONS OF THE FUND; BY ADDING SECTION 42-15-85 SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS ON THE EMPLOYEE, AND TO PROVIDE HOW CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN, TO PROVIDE AN EXCEPTION, AND TO DEFINE "EXPERT WITNESS" FOR PURPOSES OF THIS SECTION; BY AMENDING SECTION 38-55-530, AS AMENDED, RELATING TO DEFINITIONS AS USED IN OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO FURTHER DEFINE "FALSE STATEMENT AND MISREPRESENTATION"; BY AMENDING SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE REVISED CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS IN

The motion period was dispensed with on motion of Rep. G. M. SMITH.

Rep. G. M. SMITH moved that the House recur to the Morning Hour, which was agreed to.

The following was received from the Senate:

Columbia, S.C., April 6, 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. 3841:

H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W. D. Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.

Very respectfully,
President

On motion of Rep. TALLEY, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. KIRSH, LUCAS and TALLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

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

H. 4941 (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,

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

H. 4968 (Word version) -- Reps. Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN HORRY COUNTY AS PART OF THE NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF HORRY COUNTY.
Ordered for consideration tomorrow.

The following was introduced:

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

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

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

H. 4974 (Word version) -- Rep. Edge: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TWO COMMISSIONERS SHALL RESIDE IN THE COUNTY INSTEAD OF THE DISTRICT AND TO REQUIRE THESE TWO COMMISSIONERS BE ACTIVE MEMBERS OF THE MEDICAL STAFF.
Referred to Horry Delegation

H. 4975 (Word version) -- Reps. Edge and Clemmons: A BILL TO AMEND CHAPTER 1, TITLE 51 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 51-11-10 AND 51-11-15, BOTH AS AMENDED, SECTION 51-13-2120, SECTION 51-17-50, AS AMENDED, SECTION 51-18-60 AND 51-19-10, AS AMENDED, ALL RELATING TO VARIOUS POWERS AND DUTIES OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND OF THE DIRECTOR OF THE DEPARTMENT, SO AS TO CHANGE THE TITLE OF THE DIRECTOR OF PARKS, RECREATION AND TOURISM TO THE SECRETARY OF TOURISM FOR THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4976 (Word version) -- Reps. Edge and Witherspoon: A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTING THE DEPARTMENT OF NATURAL RESOURCES TO MAKE SPECIAL RULES AND REGULATIONS RELATING TO THE OPERATION OF VESSELS ON WATERS WITHIN THE TERRITORIAL LIMITS OF THIS STATE AND THE AUTHORITY OF LOCAL

H. 4977 (Word version) -- Reps. Cato, Sandifer, Cooper, Barfield, Mitchell, Anthony, Chellis, Delleney, Duncan, Edge, Harrison, Harvin, Jefferson, Jennings, Kennedy, Leach, Mahaffey, McCraw, Norman, Ott, Perry, Rice, Scott, Sinclair, F. N. Smith, J. E. Smith, W. D. Smith, Talley, Townsend, Tripp, Vick, Walker, White and Witherspoon: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 13, 2007 AT WHICH TIME IT IS DISSOLVED.
Referred to Committee on Labor, Commerce and Industry

H. 4978 (Word version) -- Reps. Govan, Huggins, Bingham, E. H. Pitts, Toole, Moody-Lawrence and R. Brown: A BILL TO AMEND SECTION 4-9-39, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF COUNTY PUBLIC LIBRARY SYSTEMS, SO AS TO PROVIDE THAT A COUNTY LIBRARY SYSTEM THAT RECEIVES ANY STATE FUNDING MAY NOT IMPOSE ANY FEE FOR SERVICES PROVIDED TO STUDENTS UNLESS THE FEE IS UNIFORMLY IMPOSED ON ALL STUDENTS REGARDLESS OF RESIDENCY AND TO DEFINE STUDENTS AS INDIVIDUALS ENROLLED IN GRADES K-12.
Referred to Committee on Ways and Means

H. 4979 (Word version) -- Reps. Hagood, Limehouse and Scarborough: A BILL TO AMEND SECTION 50-21-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY

H. 4980 (Word version) -- Reps. Mitchell, Whipper, Moody-Lawrence, J. H. Neal, Mack, Allen, Anthony, Breeland, R. Brown, Cobb-Hunter, Davenport, Haskins, Parks and F. N. Smith: A BILL TO AMEND SECTION 11-35-5010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH MINORITY BUSINESS ASSISTANCE, SO AS TO DEFINE "SECTION 3 RESIDENTS"; AND TO AMEND TITLE 11, CHAPTER 35, ARTICLE 21, SUBARTICLE 3, RELATING TO ASSISTANCE TO MINORITY BUSINESSES, SO AS TO CHANGE REFERENCES FROM "THE STATE" TO "A GOVERNMENTAL BODY", WHICH INCLUDES THE STATE AND ITS AGENCIES AS WELL AS LOCAL GOVERNMENTAL BODIES, AND TO PROVIDE THAT A MINORITY BUSINESS UTILIZATION PLAN DEVELOPED BY A GOVERNMENTAL BODY MUST INCLUDE A GOAL OF TEN PERCENT OF EXPENDED MONIES BEING SPENT WITH MINORITY BUSINESSES UNLESS A LESSER GOAL IS JUSTIFIED BY STATED CRITERIA.
Referred to Committee on Labor, Commerce and Industry

S. 1245 (Word version) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE

The following Bill was taken up:

S. 1264 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER BOARD, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2006, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 ON JULY 1, 2006, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE AS SUPERVISOR AND FISCAL AGENT OF THE SCHOOL UNDER THE DIRECTION OF THE SUPERINTENDENTS.

Reps. WEEKS and G. M. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12421AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 4 of Act 470 of 1971, as last amended by Act 797 of 1988, is further amended to read:

"Section 4.   (A)   The board has all powers provided in Section 59-19-90 of the 1976 Code insofar as they may be applicable. It may use any school building without cost in either school district available for its purposes. It may direct the county auditor to levy taxes to operate the school, to construct buildings, and to pay the expenses of the school if approval is first obtained from the county commission for any such tax levy.

(B)   Notwithstanding the above provisions of this section, beginning July 1, 2006, and ending June 30, 2008, the board of trustees

(C)   Sumter School Districts 2 and 17 are jointly responsible for the cost of the maintenance and upkeep of all buildings of the career center."
SECTION   2.   Section 5 of Act 470 of 1971, as last amended by Act 797 of 1988, is further amended to read:

"Section 5.   The board shall employ a director of the center who shall serve as supervisor and fiscal agent of the school under the directions of the board. However, beginning July 1, 2006, and ending June 30, 2008, the Superintendents of Sumter School Districts 2 and 17 shall together employ the director of the center who shall serve under this direction."
SECTION   3.   This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

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

On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that S. 1264 (Word version) be read the third time tomorrow.

Rep. SCOTT 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 were duly ratified:

(R269, H. 3196 (Word version)) -- Reps. Whitmire, Mahaffey and Sandifer: AN ACT TO AMEND SECTION 33-31-708, CODE OF LAWS 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.

(R270, H. 3721 (Word version)) -- Reps. Talley and Harrison: AN ACT 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.

(R271, H. 3796 (Word version)) -- Reps. Cato, Huggins and Ballentine: AN ACT TO AMEND CHAPTER 60, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, INCLUDING AMONG OTHER THINGS, REVISIONS OF THE CLASSROOM OR COURSE HOURS REQUIRED TO QUALIFY FOR THE DESIGNATED LEVELS OF APPRAISAL PERMITS, LICENSURE, AND CERTIFICATION.

(R272, 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: AN ACT 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 MAKE IT UNLAWFUL TO ESTABLISH OR OPERATE COMPUTER-ASSISTED REMOTE HUNTING FACILITIES, TO DEFINE COMPUTER-ASSISTED REMOTE HUNTING AND COMPUTER-ASSISTED REMOTE HUNTING FACILITIES FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION INCLUDING LOSS OF SOUTH CAROLINA HUNTING AND FISHING LICENSES OR PRIVILEGES.

(R273, H. 4421 (Word version)) -- Reps. Chellis, Young, Bailey, Harrell, Harrison and Miller: AN ACT TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS UPON A FAVORABLE REFERENDUM VOTE, SO AS TO PROVIDE THAT TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AUTHORIZED TO BE ISSUED IN A COUNTY OR MUNICIPALITY PURSUANT TO THE REFERENDUM PROVIDED FOR AT THAT TIME MAY CONTINUE TO BE ISSUED OR REISSUED WITHOUT THE REQUIREMENT OF A FURTHER REFERENDUM.

(R274, H. 4429 (Word version)) -- Reps. Townsend, Mitchell, Edge, J.E. Smith, Viers, Harrell, Clark, Clyburn, Littlejohn, Walker, Clemmons, Cooper, Barfield, Govan, Frye, Bailey, Huggins, Leach, Witherspoon, Anderson, Hardwick, Hiott, Rhoad, W.D. Smith, Miller, Altman, Anthony, Bales, Ballentine, Battle, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Davenport, Duncan, Hagood, Haley, Hamilton, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Howard, Jefferson, Kennedy, Limehouse, Loftis, Mahaffey, Martin, McCraw, McGee, Merrill, J.H. Neal, Ott, Perry, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, D.C. Smith, F.N. Smith, G.R. Smith, J.R. Smith, Thompson, Vick, White, Young, McLeod, Jennings, Tripp, Haskins and Delleney: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,

(R275, H. 4624 (Word version)) -- Reps. Vaughn, Harrell, Cooper, Haskins, Leach, Taylor, Bannister, Cato, Ceips, Hamilton, Littlejohn, Loftis, Mahaffey, Mitchell, Rice, Sinclair, F.N. Smith, G.R. Smith, W.D. Smith, Talley, Walker, Tripp and Townsend: AN ACT TO AMEND SECTION 56-3-2330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF MOTOR VEHICLE MANUFACTURER LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT THE DEPARTMENT MAY ISSUE TO A MOTOR VEHICLE MANUFACTURER.

At 1:15 p.m. the House, in accordance with the motion of Rep. MARTIN, adjourned in memory of Inez Gass, mother of Representative Martin, to meet at 10:00 a.m. tomorrow.

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