Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Isaiah 30:21: "Your ears shall hear a voice behind you saying, 'this is the way; walk in it.'"
Let us pray. Almighty God, thank You for Your patience with us. Give us the courage and knowledge to leave the wrong road and to follow You on our path of life and work. Give us the wisdom to approach You for help in times of need. Grant us Your peace in times of trouble. Bless our Nation, President, State, Governor, Representatives, staff, our Speaker and all who carry the responsibility of leadership. Keep our defenders of freedom safe as they protect us. We ask in the name of our Lord. Amen.

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

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

Rep. ANTHONY moved that when the House adjourns, it adjourn in memory of Gene Crisp of Union, which was agreed to.

The following was received:

Columbia, S.C., April 18, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 46:

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

Very respectfully,
President
Received as information.

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

H. 4958 (Word version) -- Reps. R. Brown, Whipper, Hagood, Limehouse, Mack, Merrill, Altman, 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".
Ordered for consideration tomorrow.

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

H. 4927 (Word version) -- Reps. McGee and Coates: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF TWIN CHURCH ROAD AND ALLIGATOR ROAD IN FLORENCE COUNTY AS "HICKS CROSSROADS" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "HICKS CROSSROADS".
Ordered for consideration tomorrow.

H. 4570 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME HARDY STREET IN DILLON AS "LILIA MCRAE ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "LILIA MCRAE ROAD".
Ordered for consideration tomorrow.

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

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.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 4089 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF EMPLOYEES FROM THE WORKERS' COMPENSATION LAW, SO AS TO INCLUDE CERTAIN EMPLOYEES OF A RESIDENTIAL CONSTRUCTION COMPANY AS BEING EXEMPT.
Ordered for consideration tomorrow.

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4021 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS IN REGARD TO CERTAIN

Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.
Ordered for consideration tomorrow.

The following was introduced:

H. 5014 (Word version) -- Reps. Miller, 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, 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

The Resolution was adopted.

The following was introduced:

H. 5015 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF CATHY MCHENRY BIRD OF GRAMLING, TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS, AND TO RECOGNIZE HER DEDICATION TO THE EDUCATIONAL PROFESSION AND THE STAFF, TEACHERS, AND STUDENTS OF NEW PROSPECT ELEMENTARY SCHOOL.

The Resolution was adopted.

The following was introduced:

H. 5016 (Word version) -- Reps. McCraw and Phillips: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CHRISTOPHER DANIEL FARISH OF GAFFNEY HIGH SCHOOL FOR HIS OUTSTANDING WORK AS A STUDENT AND COMMUNITY LEADER, AND TO WISH HIM THE BEST IN ALL FUTURE ENDEAVORS.

The Resolution was adopted.

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

S. 17 (Word version) -- Senators Hutto, McConnell, Mescher, Fair and Ford: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR

S. 391 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.
Referred to Committee on Judiciary

S. 960 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, O'Dell and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH METHODS OF VALUATION FOR COUNTIES TO SELECT FROM FOR ASSESSMENT OF REAL PROPERTY WITHIN THEIR JURISDICTIONS; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE

S. 1028 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Knotts, Courson, Mescher and Ford: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 37, ENACTING THE "SOUTH CAROLINA PROPERTY TAX ASSESSMENT REFORM ACT", SO AS TO PROVIDE FOR A VALUATION OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX THAT LIMITS THE INCREASE IN TAXABLE VALUE NOT TO EXCEED FIFTEEN PERCENT OVER A FIVE YEAR PERIOD UNLESS AN ASSESSABLE TRANSFER OF INTEREST OCCURS, TO PROVIDE AN ALTERNATE METHOD THAT IS VALUATION OF REAL PROPERTY AT FAIR MARKET VALUE WITH ASSESSMENT EVERY FIVE YEARS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PROPOSE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS ACT, AND TO PROVIDE PENALTIES FOR KNOWINGLY FALSIFYING INFORMATION TO THE DEPARTMENT; TO AMEND SECTION 4-9-1210, RELATING TO THE INITIATIVE METHOD OF ENACTING COUNTY ORDINANCES, SO AS TO ALLOW THIS PROCESS TO INCLUDE ORDINANCES ENACTING A REAL PROPERTY VALUATION METHOD PERMITTED BY THIS ACT; TO AMEND SECTION 6-1-50, RELATING TO FINANCIAL REPORTS, SO AS TO REQUIRE SUBMISSION OF ANNUAL FINANCIAL REPORTS TO THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, ECONOMIC RESEARCH SECTION; TO REPEAL SECTION 12-37-223A, RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING INCREASES IN VALUE DUE TO REASSESSMENT; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO THE CLASSIFICATION OF AND VALUATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO CONFORM VALUATION REFERENCES FOR REAL PROPERTY; TO AMEND SECTION 12-43-217, RELATING TO QUADRENNIAL REASSESSMENT, SO AS TO ALLOW PORTIONS OF A COUNTY TO BE REASSESSED AS A "ROLLING" REASSESSMENT; TO AMEND SECTION 12-43-220,

S. 1154 (Word version) -- Senators Fair, Peeler, Verdin, Land, O'Dell, Mescher, Short, Martin, Alexander and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 22 TO ARTICLE 30, CHAPTER 7, TITLE 20 OF THE 1976 CODE SO AS TO ENACT THE "INTERSTATE COMPACT FOR JUVENILES" WHICH, AMONG OTHER THINGS, PROVIDES FOR AN INDEPENDENT COMPACT OPERATING AUTHORITY TO ADMINISTER ONGOING COMPACT ACTIVITY, GUBERNATORIAL APPOINTMENTS OF REPRESENTATIVES FOR ALL MEMBER STATES ON A NATIONAL GOVERNING COMMISSION, RULE-MAKING AUTHORITY, A MANDATORY FUNDING MECHANISM SUFFICIENT TO SUPPORT ESSENTIAL COMPACT OPERATIONS, AND COLLECTION OF STANDARDIZED INFORMATION; AND TO REPEAL SUBARTICLE 21, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE INTERSTATE COMPACT ON JUVENILES.
Referred to Committee on Judiciary

S. 1246 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Referred to Kershaw Delegation

S. 1268 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

S. 1348 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3056, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 1352 (Word version) -- Senators Knotts, Cromer, Courson and Setzler: A BILL TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
On motion of Rep. BINGHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

Agnew                  Allen                  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                Coleman                Cooper
Dantzler               Delleney               Duncan
Emory                  Frye                   Funderburk
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hodges                 Howard                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Limehouse

Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
J. M. Neal             Ott                    Owens
Parks                  Perry                  Phillips
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Walker                 Weeks
White                  Whitmire               Young

I came in after the roll call and was present for the Session on Wednesday, April 19.

Bill Cotty                        Bessie Moody-Lawrence
John Altman                       Gilda Cobb-Hunter
Jerry Govan                       Marty Coates
Edward H. "Ted" Pitts             Denny Neilson
Ralph Norman                      William Witherspoon
Joseph Neal                       Jackson "Seth"  Whipper
G. Murrell Smith                  Tracy Edge
Gloria Haskins                    Lonnie Hosey
Ralph Davenport                   Ted Vick
Fletcher Smith                    Gene Pinson

Rep. SIMRILL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 18.

Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.

Reps. LUCAS and COATES presented to the House the Trinity Collegiate School Lady Titan Tennis Team, the 2005 Class AA South Carolina Independent School Association Champions, their coach and other school officials.

Reps. RHOAD, GOVAN, OTT and COBB-HUNTER presented to the House the Hunter-Kinard-Tyler High School Lady Trojans Basketball Team, the 2005 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. 4854 (Word version)
Date:   ADD:
04/19/06   LOFTIS

Bill Number:   H. 4965 (Word version)
Date:   ADD:
04/19/06   MCLEOD

Bill Number:   H. 4534 (Word version)
Date:   ADD:
04/19/06   BINGHAM

Bill Number:   H. 4534 (Word version)
Date:   ADD:
04/19/06   D. C. SMITH

Bill Number:   H. 4723 (Word version)
Date:   ADD:
04/19/06   HARVIN

Bill Number:   H. 4808 (Word version)
Date:   ADD:
04/19/06   MCLEOD

Bill Number:   H. 4552 (Word version)
Date:   ADD:
04/19/06   MCLEOD

Bill Number:   H. 4692 (Word version)
Date:   ADD:
04/19/06   MCLEOD

Bill Number:   H. 4970 (Word version)
Date:   ADD:
04/19/06   JENNINGS

Bill Number:   H. 5001 (Word version)
Date:   ADD:
04/19/06   R. BROWN

Bill Number:   H. 4983 (Word version)
Date:   ADD:
04/19/06   HARRELL

Bill Number:   H. 4983 (Word version)
Date:   ADD:
04/19/06   D. C. SMITH

Bill Number:   H. 4983 (Word version)
Date:   ADD:
04/19/06   J. R. SMITH

Bill Number:   H. 4983 (Word version)
Date:   ADD:
04/19/06   STEWART

Bill Number:   H. 4983 (Word version)
Date:   ADD:
04/19/06   CLYBURN

Bill Number:   H. 3132 (Word version)
Date:   ADD:
04/19/06   MITCHELL

Bill Number:   H. 4848 (Word version)
Date:   REMOVE:
04/19/06   THOMPSON

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

H. 4773 (Word version) -- Reps. Sinclair, Rivers, Harrison, G. M. Smith, Davenport, Mitchell, McLeod, Allen, Delleney, Mahaffey, McGee, W. D. Smith,

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

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.

"Section 23-47-35.   (A)   Each local government or jurisdiction in this State operating an emergency '911' system must have the capability of answering calls in Spanish with the same response time as calls answered in English."

(B)   The requirements of this section take effect January 1, 2007./
Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. SANDIFER raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
Rep. SCOTT argued contra.
SPEAKER HARRELL stated that while the Bill dealt solely with an advisory committee, the amendment dealt with language requirements at the local level. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. SCOTT moved to adjourn debate on the Bill.

Rep. CATO moved to table the motion, which was agreed to.

Reps. J. E. SMITH, SCOTT, HOSEY, BRANHAM, BALES, CATO, GOVAN, DUNCAN, MOODY-LAWRENCE and CLYBURN requested debate on the Bill.

Rep. RHOAD moved to adjourn debate upon the following Bill until Tuesday, April 25, which was adopted:

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 following Bill was taken up, read the second time, and ordered to a third reading:

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

Rep. COOPER explained the Bill.

The following Joint Resolution was taken up:

S. 1200 (Word version) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY TO 2005 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.

Rep. J. E. SMITH requested debate on the Joint Resolution.

Rep. VAUGHN explained the Joint Resolution.

The Joint Resolution was read second time and ordered to third reading.

The following Bill was taken up:

H. 3681 (Word version) -- Reps. Weeks, G. Brown, J. H. Neal and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-75 SO AS TO ALLOW THE UNIVERSITY OF SOUTH CAROLINA-SUMTER TO OFFER

Rep. SKELTON spoke against the Bill.
Rep. WEEKS spoke in favor of the Bill.

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

On motion of Rep. LOFTIS, with unanimous consent, the following Bill was ordered recalled from the 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, Young, Mitchell and McLeod: 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.

On motion of Rep. FUNDERBURK, with unanimous consent, the following Bill was ordered recalled from the Kershaw Delegation:

S. 1246 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO DESIGNATE A MAP NUMBER

Rep. PERRY asked unanimous consent to recall H. 4983 (Word version) from the Committee on Ways and Means.
Rep. COOPER objected.

Rep. THOMPSON asked unanimous consent to recall H. 5013 (Word version) from the Committee on Education and Public Works.
Rep. TOWNSEND objected.

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

H. 4983 (Word version) -- Reps. Perry, Harrell, D. C. Smith, J. R. Smith, Stewart and Clyburn: 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

Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of amendments, cloture having been ordered:

H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper, Cato, G. M. Smith and Weeks: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO

Rep. J. E. SMITH proposed the following Amendment No. 13A (Doc Name COUNCIL\MS\7214AHB06), 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. J. E. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

Rep. CATO demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 38 to 21.

Rep. CATO moved to table the motion, which was agreed to by a division vote of 45 to 14.

Rep. HAGOOD proposed the following Amendment No. 14A (Doc Name COUNCIL\NBD\12401AC06), which was adopted:
Amend the bill, as and if amended, Section 44-1-60(F) page 38, line 24 after /chair./ by inserting /If a final review conference is not conducted within sixty days, the department decision becomes the final agency decision, and an applicant, permittee, licensee, or affected person may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act, within thirty days after the deadline for the final review conference./
Renumber sections to conform.
Amend title to conform.

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

Rep. HAGOOD proposed the following Amendment No. 15A (Doc Name COUNCIL\NBD\12402AC06), which was tabled:
Amend the bill, as and if amended, Section 44-1-60(F)(2), page 39, line 17 after /Act./ by inserting /In making a decision in a contested case in which a determination by the board is at issue, the Administrative Law Court shall give to the board's interpretations of statutes and regulations the same deference as is accorded to administrative agencies by courts under the laws of this State./
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.
Rep. HARRISON spoke against the amendment.

Rep. HARRISON moved to table the amendment.

The amendment was then tabled by a division vote of 44 to 9.

Rep. HAGOOD explained the amendment.

Rep. LOFTIS moved to table the amendment.

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

Those who voted in the affirmative are:

Anthony                Bailey                 Ballentine
Bingham                Cato                   Chellis
Clark                  Clemmons               Cobb-Hunter
Cooper                 Dantzler               Davenport
Frye                   Haley                  Hardwick
Harrell                Hayes                  Herbkersman
M. Hines               Hinson                 Huggins
Jefferson              Kennedy                Kirsh
Loftis                 Martin                 McCraw
McGee                  McLeod                 Norman
Ott                    Owens                  Perry
E. H. Pitts            Rhoad                  Sandifer
Simrill                Skelton                J. R. Smith
Stewart                Thompson               Toole
Townsend               Umphlett               Vaughn
White                  Witherspoon            Young

Bales                  Bannister              Battle
Bowers                 Brady                  Breeland
J. Brown               R. Brown               Chalk
Cotty                  Delleney               Emory
Funderburk             Hagood                 Harrison
J. Hines               Hodges                 Hosey
Jennings               Leach                  Limehouse
Lucas                  Mack                   Mahaffey
Merrill                Miller                 Mitchell
Moody-Lawrence         Neilson                Parks
Pinson                 M. A. Pitts            Rice
Rivers                 Rutherford             Scarborough
Scott                  Sinclair               D. C. Smith
G. M. Smith            J. E. Smith            Talley
Taylor                 Vick                   Weeks
Whipper

So, the amendment was tabled.

Rep. J. E. SMITH raised the Point of Order that the Bill was out of order, as amended by the Senate, in that it was in violation of Article III, Section 17 of the South Carolina Constitution in that the Bill related to more than one topic.
SPEAKER HARRELL stated that a similar Point of Order had been raised on May 28, 2002. He stated further that Speaker Wilkins, at that time, cited previous rulings and in accordance with Section 242.1 of Mason's Manual and stated, it was not the Speaker's right to rule upon substantive constitutional questions concerning a proposed Bill, as that authority belongs to the House unless the matter in question affected constitutional procedures or rules of the House. Based on that precedent, SPEAKER HARRELL therefore overruled the Point of Order.

Rep. LIMEHOUSE proposed the following Amendment No. 18A (Doc Name COUNCIL\GJK\21111SD06), which was ruled out of order:

"Section 2-19-100.   (A)   In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications for continued judicial service and be found by the commission to be qualified to serve in these situations within four years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired.

(B)   Beginning January 1, 2007, upon a retired justice or judge being reviewed by the Judicial Merit Selection Commission and found qualified to serve, the House of Representatives and the Senate meeting in joint assembly by majority vote must ratify the findings of the Judicial Merit Selection Commission in order for the retired justice or judge to be eligible for appointment."/
Renumber sections to conform.
Amend title to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. G. M. SMITH raised the Point of Order that Amendment No. 18A was out of order in that it was not germane to the Bill.
Rep. LIMEHOUSE argued contra.
SPEAKER HARRELL stated that the amendment dealt with the appointment of retired judges in the unified judicial system while the Bill dealt with procedures dealing with administrative law court that is within the Executive Branch. Therefore, he sustained the Point of Order and ruled the amendment out of order.

Rep. J. E. SMITH moved to table the Bill.

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

Bales                  Bannister              Battle
G. Brown               Coleman                Funderburk
Hosey                  Howard                 Mack
Miller                 Neilson                Parks
Pinson                 Rutherford             Scott
J. E. Smith            Vick

Those who voted in the negative are:

Allen                  Altman                 Anderson
Anthony                Bailey                 Ballentine
Bingham                Bowers                 Brady
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Frye                   Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Limehouse
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Mitchell               Moody-Lawrence
Norman                 Ott                    Owens
Perry                  Phillips               E. H. Pitts
M. A. Pitts            Rice                   Rivers
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Walker                 Weeks
Whipper                White                  Whitmire
Witherspoon            Young

Rep. J. E. SMITH proposed the following Amendment No. 19A (Doc Name COUNCIL\MS\7194AHB06), 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; provided, however, that in a contested case involving the determination of whether a certificate of need for new open heart surgery services should be approved, a presumption is created in favor of approval when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic catheterization equivalents in the previous year of operations. This presumption can be rebutted if a party can demonstrate by a preponderance of the evidence that the application does not comply with the project review criteria set forth in the regulations." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

The amendment was then tabled by a division vote of 44 to 15.

Rep. J. E. SMITH moved to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. CATO moved to table the motion, which was agreed to by a division vote of 47 to 20.

"(_)   Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence; provided, however, that in a contested case involving the determination of whether a certificate of need for new open heart surgery services should be approved, a presumption is created that an application for one open heart surgery room satisfies the standards of the applicable State Health Plan when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic catheterization equivalents in the previous year of operations. This rebuttable presumption does not affect the requirement that the applicant must satisfy the project review criteria set forth in the regulations." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

The amendment was then tabled by a division vote of 45 to 15.

Rep. J. E. SMITH raised the Point of Order that the Bill was out of order as it violated the separation of powers doctrine of the United States Constitution and Article I, Section 8 of the South Carolina Constitution which state we have co-equal branches of government - the Legislative, Judicial and Executive Branches. He stated further that the Administrative Law Court is a part of the Executive Branch and that it was an unconstitutional invasion into the purview of the Executive Branch to try to change a case pending in litigation.

Rep. J. E. SMITH proposed the following Amendment No. 21A (Doc Name COUNCIL\MS\7196AHB06), 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; provided, however, that in a contested case involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created that the application satisfies the standards of the applicable State Health Plan when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic catheterization equivalents in the previous year of operations. The applicant must still demonstrate by a preponderance of the evidence that the application satisfies the project review criteria set forth in the regulations." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

The amendment was then tabled by a division vote of 32 to 22.

Rep. J. E. SMITH moved that the House recede until 3:00 p.m.

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

Bales                  Battle                 Bowers
Brady                  Branham                J. Brown
Cotty                  Emory                  Funderburk
Govan                  Harrison               Howard
Limehouse              Lucas                  Miller
Moody-Lawrence         J. H. Neal             Parks
Pinson                 Rutherford             Scott
J. E. Smith

Those who voted in the negative are:

Allen                  Anderson               Bailey
Ballentine             Bannister              Barfield
Bingham                R. Brown               Cato
Chalk                  Chellis                Clark
Clyburn                Dantzler               Davenport
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harvin                 Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Huggins                Jefferson              Jennings
Kirsh                  Leach                  Littlejohn
Loftis                 Mahaffey               Martin
McCraw                 McLeod                 J. M. Neal
Neilson                Norman                 Ott
Owens                  Phillips               E. H. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Simrill                Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vick                   Walker
Weeks                  Whipper                White
Whitmire               Witherspoon            Young

So, the House refused to recede.

"(_)   Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence; provided, however, that in a contested case involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created in favor of approval when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic catheterization equivalents in the previous year of operations. This legally conclusive presumption can be rebutted if a party can demonstrate by a preponderance of the evidence that there are existing open heart surgery providers within ten miles of the applicant." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

The amendment was then tabled by a division vote of 36 to 19.

Rep. J. E. SMITH moved to adjourn debate on the Bill until Thursday, April 20.

Rep. CATO raised the Point of Order that one hour had not elapsed since a similar motion was made, which Point was sustained by the Chair.

Rep. J. E. SMITH moved that the House do now adjourn.

Those who voted in the affirmative are:

Bales                  Battle                 Bowers
Brady                  Branham                Breeland
J. Brown               Clyburn                Emory
Funderburk             Hamilton               Harrison
Harvin                 J. Hines               Hosey
Jefferson              Jennings               Kennedy
Leach                  Limehouse              Mack
Mahaffey               Martin                 Miller
J. H. Neal             Rivers                 Scott
J. E. Smith            Talley

Those who voted in the negative are:

Allen                  Anthony                Bailey
Ballentine             Bannister              Barfield
Bingham                Cato                   Chalk
Chellis                Clark                  Clemmons
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Hagood                 Haley                  Hardwick
Harrell                Herbkersman            Hinson
Huggins                Littlejohn             Loftis
McCraw                 McLeod                 Merrill
Mitchell               Moody-Lawrence         J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Phillips               E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Sandifer
Simrill                Sinclair               Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Stewart                Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Vick                   Walker

Weeks                  Whipper                White
Whitmire               Young

So, the House refused to adjourn.

Rep. J. E. SMITH raised the Point of Order that the Bill was out of order in that it violated both the Federal and State Constitutions by applying "ex post facto" to judicial cases that have already occurred.
SPEAKER HARRELL stated that it was a substantive question of law, not a procedural one. He therefore overruled the Point of Order.

Rep. J. E. SMITH proposed the following Amendment No. 23A (Doc Name COUNCIL\MS\7198AHB06), 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; provided, however, that in a contested case involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created in favor of approval when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic catheterization equivalents in the previous year of operations. This legally conclusive presumption can be rebutted if a party can demonstrate by a preponderance of the evidence that there are existing open heart surgery providers within fifteen miles of the applicant." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

Rep. J. E. SMITH raised the Point of Order asking to be recognized for a Privilege of the House on a matter in the House in accordance with Section 221 of Mason's Manual and under House Rule 8.4. Rep. J. E. SMITH stated that he wanted to speak about the conduct of the House membership in adopting legislation that he argued was unconstitutional.
SPEAKER HARRELL stated that Section 221 of Mason's Manual lists examples of kinds of questions that can be used for the Privilege of the House. He stated also that in Section 221 of Mason's Manual he did not see where any of the items related to the issue upon which Rep. J. E. SMITH wished to speak. He therefore denied his request for a Privilege of the House.

Rep. J. E. SMITH proposed the following Amendment No. 24A (Doc Name COUNCIL\MS\7199AHB06), 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; provided, however that in a contested case involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created in favor of approval when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic catheterization equivalents in the previous year of operations. This legally conclusive presumption can be rebutted if a party can demonstrate by a preponderance of the evidence that there are existing open heart surgery providers within twenty miles of the applicant." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

The amendment was then tabled by a division vote of 32 to 18.

Rep. J. E. SMITH moved to continue the Bill, which was not agreed to by a division vote of 21 to 40.

Rep. J. E. SMITH proposed the following Amendment No. 25A (Doc Name COUNCIL\MS\7200AHB06), 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; provided, however, that in a contested case involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created in favor of approval when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic catheterization equivalents in the previous year of operations. This legally conclusive presumption can be rebutted if a party can demonstrate by a preponderance of the evidence that there are existing open heart surgery providers within thirty miles of the applicant." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

The amendment was then tabled by a division vote of 40 to 21.

Rep. J. E. SMITH proposed the following Amendment No. 26A (Doc Name COUNCIL\MS\7201AHB06), 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:

"(_)   Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence; provided, however, that in a contested case involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created in favor of approval when the applicant can demonstrate by a preponderance of evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic catheterization equivalents in the previous year of operations. This legally conclusive presumption can be rebutted if a party can demonstrate by a preponderance of the evidence that there are existing open heart surgery providers within a twenty minute drive time of the applicant." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

The amendment was then tabled by a division vote of 31 to 17.

Rep. J. E. SMITH moved that the House resolve itself into a Committee of the Whole, which was rejected by a division vote of 4 to 43.

Rep. J. E. SMITH proposed the following Amendment No. 27A (Doc Name COUNCIL\MS\7202AHB06), 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; provided, however, that in a contested case involving the determination of

Rep. J. E. SMITH explained the amendment.

Rep. CATO moved to table the amendment.

The amendment was then tabled by a division vote of 36 to 16.

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

Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of amendments, cloture having been ordered.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4932 (Word version) -- Rep. Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 152 OF TITLE 59 SO AS TO PROVIDE FOR A FULL-DAY, FOUR-YEAR-OLD PREKINDERGARTEN PROGRAM FOR AT-RISK CHILDREN TO BE ADMINISTERED BY FIRST STEPS, TO PROVIDE FOR THE CURRICULUM, TO PROVIDE FOR THE COLLECTION OF DATA REGARDING THE PROGRAM, TO PROVIDE FOR AN EVALUATION FOR THE PROGRAM, AND

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4707 (Word version) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham, Cato, Ceips, Clemmons, Clyburn, Funderburk, Haskins, Hodges, Jefferson, McLeod, Ott, Perry, Rice, Scarborough, Sinclair, G. M. Smith, J. E. Smith and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR TWO SEPARATE FUNDS TO ACCEPT PUBLIC AND PRIVATE MONIES AND MONIES APPROPRIATED BY THE GENERAL ASSEMBLY; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; AND TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND.
Ordered for consideration tomorrow.

H. 4481 (Word version) -- Reps. Martin, Townsend, J. H. Neal, McLeod, Clark, Agnew, Bales, Ballentine, Bannister, Barfield, Bingham, Brady, Cato, Coates, Cobb-Hunter, Dantzler, Frye, Harrison, Herbkersman, J. Hines, Hosey, Huggins, Jefferson, Miller, Ott, Parks, Pinson, Rhoad, Scott, Sinclair, Umphlett, Vaughn, Walker and White: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION AFTER CONSULTING THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT PROJECT.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO REVISE CERTAIN EXIT EXAMINATION REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING

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

H. 4656 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS UPON A FAVORABLE REFERENDUM VOTE ALLOWING THE POSSESSION, SALE, AND ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK OR ALLOWING THE SALE OF BEER AND WINE FOR OFF-PREMISES

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

H. 4692 (Word version) -- Reps. Davenport and McLeod: A BILL TO AMEND SECTION 44-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RULINGS AND ORDERS, SO AS TO PROVIDE THAT VIOLATIONS OF RULINGS AND ORDERS, AMONG OTHER THINGS, ISSUED PURSUANT TO THE DEPARTMENT'S GENERAL AUTHORITY PROVIDED FOR IN SECTION 44-1-140 ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS A DAY FOR EACH VIOLATION AND THAT THE DEPARTMENT SHALL SUBMIT THESE FINES TO THE STATE GENERAL FUND.
Ordered for consideration tomorrow.

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

H. 4552 (Word version) -- Reps. Davenport and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-60 AND SECTION 39-15-70, RELATING TO THE LABELING OF TOYS AND TABLEWARE, RESPECTIVELY, CONTAINING EXCESSIVE LEVELS OF LEAD AND PROVIDING CRIMINAL PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.

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

H. 4382 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A COUNTY DEPARTMENT OF SOCIAL SERVICES IN EACH COUNTY AND THE CREATION

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

H. 4383 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-8515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY, MAINTENANCE, AND INTERAGENCY SHARING OF JUVENILE RECORDS BY LAW ENFORCEMENT AGENCIES AND TO JUVENILE FINGERPRINT RECORDS, SO AS TO INCLUDE THE DEPARTMENT OF SOCIAL SERVICES AMONG THOSE AGENCIES WITH WHOM JUVENILE RECORDS MAY BE SHARED AND TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO FINGERPRINT A CHILD FIFTEEN YEARS OF AGE OR OLDER LIVING IN A FAMILY CHILDCARE HOME TO DETERMINE THE CHILD'S CRIMINAL HISTORY.
Ordered for consideration tomorrow.

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

H. 4768 (Word version) -- Reps. Harrison, Mack, Rutherford, Sinclair, Brady, Battle, McGee, Ballentine and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-185 SO AS TO AUTHORIZE CONSUMERS TO RECEIVE MERCHANDISE COUPONS OFFERED BY MANUFACTURERS, SUPPLIERS, OR IMPORTERS ON THE PURCHASE OF BEER, WINE, AND ALCOHOLIC LIQUOR, TO PROVIDE CONDITIONS AND LIMITATIONS AS TO THE MANNER IN WHICH THE COUPONS MAY BE OFFERED TO CONSUMERS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.

H. 4847 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
Ordered for consideration tomorrow.

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

H. 4456 (Word version) -- Reps. Harrison and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CRIMESTOPPERS ACT, TO PROVIDE FOR THE PURPOSE OF CRIMESTOPPER ORGANIZATIONS, TO PROVIDE FOR DEFINITIONS OF VARIOUS TERMS CONTAINED IN THIS CHAPTER, TO ESTABLISH THE SOUTH CAROLINA CRIMESTOPPERS COUNCIL AND ITS DUTIES, TO PROVIDE THAT A COURT MAY ORDER A DEFENDANT TO REPAY TO A CRIMESTOPPERS ORGANIZATION OR TO THE CRIMESTOPPERS COUNCIL A REWARD ISSUED BY EITHER ENTITY, TO PROVIDE FOR THE REIMBURSEMENT OF MONIES PAID BY CRIMESTOPPERS ORGANIZATION OR THE CRIMESTOPPERS COUNCIL FOR INFORMATION THAT RESULTS IN THE ARREST OF AN INDIVIDUAL WHERE MONIES ARE CONFISCATED AND FORFEITED PURSUANT TO AN ARREST, TO PROVIDE FOR THE MAINTENANCE AND DISBURSEMENT OF FUNDS REIMBURSED TO A CRIMESTOPPERS ORGANIZATION, TO PROVIDE FOR THE ADMISSIBILITY OF CERTAIN EVIDENCE, PROTECTED INFORMATION, AND PROTECTED IDENTITIES IN A COURT PROCEEDING, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR CERTAIN PERSONS WHO COMMUNICATE WITH, ACT ON PRIVILEGED COMMUNICATION, OR ARE

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

H. 4681 (Word version) -- Reps. M. A. Pitts, Duncan, Umphlett, Hosey, Bailey, Ceips, Leach, Phillips, Mahaffey, Haley, Huggins, Ballentine, E. H. Pitts, G. R. Smith, Toole and Cotty: A BILL TO AMEND SECTION 23-31-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF FIREARMS BY LOCAL GOVERNMENTS, SO AS TO DELETE THE PROVISION THAT PREVENTS A LOCAL GOVERNMENT FROM REGULATING THE USE, SALE, TRANSPORTATION, OR PUBLIC BRANDISHMENT OF FIREARMS DURING THE TIMES OF A DEMONSTRATED POTENTIAL FOR INSURRECTION, INVASIONS, RIOTS, OR NATURAL DISASTERS; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF A CONCEALED WEAPON PERMIT, SO AS TO RESTRICT THE RELEASE OF A LIST OF ALL PERMIT HOLDERS OR VERIFY AN INDIVIDUAL'S PERMIT STATUS BY SLED TO INSTANCES WHEN A REQUEST FOR THIS INFORMATION IS TO AID IN AN OFFICIAL LAW ENFORCEMENT INVESTIGATION.
Ordered for consideration tomorrow.

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

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

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4723 (Word version) -- Reps. Mitchell, Whipper, Davenport, Moody-Lawrence, Hosey, J. H. Neal, Haley, Breeland, Kennedy, Hodges, Haskins, Rivers, Mack, Allen, Ballentine, Bannister, Barfield, Battle, Bowers, Branham, J. Brown, R. Brown, Cato, Ceips, Chalk, Clyburn, Cobb-Hunter, Emory, Funderburk, Hamilton, Howard, Jefferson, Leach, Limehouse, Littlejohn, Mahaffey, J. M. Neal, Neilson, Parks, Perry,

The following was introduced:

H. 5017 (Word version) -- Reps. Funderburk, 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, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR SARAH BRIGGS JENKINS OF PATERSON, NEW JERSEY, FOR A LIFETIME OF OUTSTANDING CONTRIBUTIONS TO HER FAMILY, FRIENDS, AND COMMUNITY, TO EXPRESS THE PROFOUND SORROW OF THE HOUSE OF REPRESENTATIVES UPON HER DEATH AND TO OFFER HER FAMILY AND MANY FRIENDS THE DEEPEST SYMPATHY, AND TO HONOR THE GATHERING OF

The Resolution was adopted.

The following was introduced:

H. 5018 (Word version) -- Reps. Funderburk, 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, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR WILLIE "BILL" SALMOND OF KERSHAW COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS FAMILY, COUNTRY, AND COMMUNITY, AND TO HONOR THE GATHERING OF THE BRIGGS-SALMOND FAMILY AT ITS 22ND ANNUAL FAMILY REUNION ON MAY 26-28, 2006 IN CHARLESTON, SOUTH CAROLINA.

The Resolution was adopted.

The following was introduced:

H. 5019 (Word version) -- Reps. Rutherford, J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE GAMECOCKS MEN'S BASKETBALL TEAM OF THE UNIVERSITY OF SOUTH CAROLINA ON WINNING ITS SECOND NATIONAL INVITATIONAL TOURNAMENT CHAMPIONSHIP AND ON BECOMING ONLY THE SECOND TEAM IN HISTORY TO WIN BACK-TO-BACK NATIONAL INVITATIONAL TOURNAMENT TITLES.

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

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

H. 5020 (Word version) -- Reps. Whipper, Bales, J. Hines, Sinclair and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-7425 SO AS TO PROVIDE THAT A CHILD OR THE CHILD'S PARENT OR GUARDIAN MAY NOT WAIVE THE CHILD'S RIGHT TO

S. 967 (Word version) -- Senators Martin, Ford and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 69, TITLE 38, SO AS TO ENACT THE "ANNUITY INVESTMENTS BY SENIORS ACT" TO PROVIDE STANDARDS AND PROCEDURES FOR RECOMMENDATIONS TO SENIOR CONSUMERS TO ENSURE THAT ANNUITY PRODUCTS FOR THESE SENIOR CONSUMERS ADDRESS THEIR INSURANCE AND FINANCIAL NEEDS.
Referred to Committee on Labor, Commerce and Industry

S. 1128 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry

Rep. CATO moved to reconsider the vote whereby Amendment No. 14A was adopted to H. 3184 (Word version) and the motion was noted.

Rep. WITHERSPOON moved to reconsider the vote whereby Amendment No. 16A was tabled to H. 3184 (Word version) and the motion was noted.

Rep. J. E. SMITH moved that the House do now adjourn, which was agreed to.

At 1:00 p.m. the House, in accordance with the motion of Rep. ANTHONY, adjourned in memory of Gene Crisp of Union, to meet at 10:00 a.m. tomorrow.

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