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 23:6: "Surely goodness and mercy shall follow me all the days of my life."
Let us pray. Thank You, God, for the assurance that Your goodness and mercy will always be with us. Guide these Representatives and staff as they go about the duties assigned to them. Give them courage, wisdom and integrity. Provide for them the ability to serve the people. Bless our Nation, President, State, Governor, Speaker and all leaders. Keep our defenders of freedom safe and in Your care. 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. HARDWICK moved that when the House adjourns, it adjourn in memory of David J. Shannon, which was agreed to.

The following was received from the Senate:

Columbia, S.C., April 13, 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. 3402:

H. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart,

Very respectfully,
President

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

Whereupon, the Chair appointed Reps. M. A. PITTS, WITHERSPOON and AGNEW to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 4800 (Word version) -- Reps. Bannister, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Skelton, Duncan, Mitchell, Moody-Lawrence, Haley, E. H. Pitts, Martin, Huggins, Young, Thompson, Anderson, Anthony, Bailey, Ballentine, Battle, Cooper, Hardwick, Harrell, Harrison, Hiott, Limehouse, Mahaffey, Norman, Owens, Perry, Sandifer, Scarborough, Sinclair, W. D. Smith and Stewart: 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

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4366 (Word version) -- Reps. Cooper, Cotty, Battle, Ceips, G. R. Smith, M. A. Pitts, Branham, Delleney, Davenport, McLeod, J. Brown, Phillips, Ballentine, Rhoad, Umphlett, Kirsh, Bailey, White, Miller, Jefferson, Townsend, Emory, Clark, Haley, Lucas, Littlejohn, Sandifer, J. R. Smith, Altman, Cobb-Hunter, Mahaffey, Vick, Agnew, J. M. Neal, Funderburk, Brady and Thompson: A BILL TO ENACT THE "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT ACT OF 2006 (V-SAFE)" BY ADDING CHAPTER 51 TO TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY FOR GRANTS THAT MUST BE AWARDED TO CERTAIN VOLUNTEER AND COMBINATION FIRE DEPARTMENTS FOR THE PURPOSE OF PROTECTING LOCAL COMMUNITIES AND REGIONAL RESPONSE AREAS FROM INCIDENTS OF FIRE, HAZARDOUS MATERIALS, TERRORISM, AND TO PROVIDE FOR THE SAFETY OF VOLUNTEER FIREFIGHTERS.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4662 (Word version) -- Reps. White, Cooper, Leach, Martin, Sandifer and Skelton: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND RENAME BOND AUTHORIZATIONS FOR CLEMSON UNIVERSITY.
Ordered for consideration tomorrow.

H. 4840 (Word version) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J. R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M. A. Pitts, Rivers, D. C. Smith, G. R. Smith, Vaughn, Mitchell, White and Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.
Ordered for consideration tomorrow.

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 SECTIONS 12-62-50 AND 12-62-60, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO TAX REBATES TO MOTION PICTURE PRODUCTION COMPANIES DOING BUSINESS IN SOUTH CAROLINA, SO AS TO INCREASE THE MAXIMUM PERCENTAGES OF THE TAX REBATES FROM FIFTEEN TO THIRTY PERCENT AND TO PROVIDE FOR PRE-EXISTING REBATE APPROVALS.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

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

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 4951 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

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

H. 3034 (Word version) -- Reps. Cobb-Hunter, Vaughn, E. H. Pitts, Clyburn, Whipper and Hagood: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE TO STUDY THE VIABILITY OF ESTABLISHING AN INLAND INTERMODAL PORT IN THE VICINITY OF THE INTERSECTION OF INTERSTATE HIGHWAYS 95 AND 26 AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY ON JANUARY 10, 2006.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 4504 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-2-60, 12-4-520, 12-37-250, AS AMENDED, 12-37-251, 12-37-255, 12-37-266, 12-37-270, 12-37-275, 12-37-280, 12-37-450, 12-39-15, 12-39-150, 12-39-180, 12-39-190, 12-39-200, 12-39-270, 12-39-310, 12-45-15, 12-45-35, 12-45-70, AND 12-49-85, ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER AND A COUNTY AUDITOR, SO AS TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES ONTO THE DEPARTMENT OF REVENUE, AND TO REPEAL SECTIONS 11-3-60, 11-3-200, 11-3-220, AND 12-39-320 ALL RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE COMPTROLLER GENERAL IN CONNECTION WITH THE OPERATIONS OF A COUNTY TREASURER OR COUNTY AUDITOR.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 4426 (Word version) -- Reps. Thompson and Martin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT WHEN AN ENTITY EXEMPT FROM PROPERTY TAX AS A NONPROFIT CORPORATION FUNDED BY FEDERAL OR STATE LOANS OR

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3718 (Word version) -- Reps. Huggins, Frye, Clark, Haley, Ballentine, Bingham, Toole and E. H. Pitts: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM AD VALOREM PROPERTY TAXES, SO AS TO DELETE THE EXEMPTION OF PROPERTY OF NONPROFIT HOUSING CORPORATIONS WHICH ARE DEVOTED TO PROVIDING HOUSING TO LOW AND VERY LOW INCOME RESIDENTS.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 4307 (Word version) -- Rep. Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645, SO AS TO INCORPORATE BY REFERENCE FOR PROPERTY TAX PURPOSES THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE USED IN THE MOTOR VEHICLE LICENSING AND REGISTRATION LAW, INCREASE THE WEIGHT LIMIT FOR PICKUP TRUCKS FOR PURPOSES OF THIS DEFINITION, AND INCLUDE MOTORCYCLES WITHIN THIS INCORPORATED DEFINITION.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 4264 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTIONS 59-111-110 AND 59-111-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO FREE TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND

Rep. COOPER for the Committee on Ways and Means, submitted a favorable report with amendments.
Reps. YOUNG and COTTY for the minority, submitted an unfavorable report on:

H. 3977 (Word version) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J. M. Neal, Ott, Perry, M. A. Pitts, Scarborough, G. R. Smith, Taylor, Townsend, White, Whitmire, Mitchell and Coates: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSON EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4661 (Word version) -- Reps. Harrell, Cooper, Clark, Frye, Haley, Harrison, Herbkersman, Hosey, Kirsh, Merrill, J. R. Smith, Vick, Anderson, Anthony, Bailey, Battle, Brady, Breeland, G. Brown, J. Brown, Ceips, Chalk, Clyburn, Dantzler, Davenport, Funderburk, Hagood, Hardwick, Hinson, Hodges, Jefferson, Littlejohn, Loftis, Lucas, McCraw, McGee, Miller, Norman, Ott, Parks, Perry, Phillips, M. A. Pitts, Rice, Sandifer, J. E. Smith, W. D. Smith, Talley, Taylor, White, Witherspoon, Young and Mitchell: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ALL EARMARKED AND RESTRICTED ACCOUNTS OF THE STATE, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO REQUIRE THE COMMITTEE TO MAKE A REPORT OF ITS FINDINGS WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR ITS DISSOLUTION.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4938 (Word version) -- Reps. Cooper, Walker, Harrell, Cato, Townsend, White and Coates: A BILL TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

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.
Ordered for consideration tomorrow.

S. 489 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3949 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4025 SO AS TO PROVIDE FOR CHARITY GAMING.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4312 (Word version) -- Reps. Merrill, Bailey, Altman, Coates, Brady, Mahaffey and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3377 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report on:

H. 4737 (Word version) -- Reps. Edge, Clemmons, Mitchell, Bales, Chalk, Hiott, Rice, Sandifer, Kirsh, E. H. Pitts, J. Brown, Huggins, R. Brown and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO PROVIDE THAT FEDERAL OR STATE INCOME TAX CREDITS FOR LOW INCOME HOUSING MAY NOT BE

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4691 (Word version) -- Reps. Chellis, Young, Cotty, Ceips, Ott, Sandifer and Whitmire: A BILL TO AMEND SECTIONS 6-1-530 AND 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALLOW A COUNTY IN WHICH LESS THAN NINE HUNDRED THOUSAND DOLLARS A YEAR IN STATE ACCOMMODATIONS TAX IS COLLECTED TO USE NOT MORE THAN FIFTY PERCENT OF THE PREVIOUS YEAR'S LOCAL ACCOMMODATIONS TAX REVENUES FOR THE OPERATIONS AND MAINTENANCE PURPOSES ALLOWED BY LAW IN COUNTIES MEETING THE NINE HUNDRED THOUSAND DOLLAR THRESHOLD.
Ordered for consideration tomorrow.

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4465 (Word version) -- Reps. Harrell, W. D. Smith, J. Brown, Cato, Chellis, Cooper, Harrison, Townsend, Witherspoon, Merrill, Vaughn, Clemmons, Cotty, Walker, Altman, Ballentine, Ceips, Hagood, Haley, Haskins, Herbkersman, Hinson, Mahaffey, Norman, E. H. Pitts, Sandifer, Scarborough, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Taylor, Umphlett, Owens, Brady and Mitchell: A BILL TO AMEND CHAPTER 41, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE ON TAXATION, SO AS TO REPLACE THAT COMMITTEE WITH THE TAX STUDY COMMISSION AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO PROVIDE THAT THE FIRST ORDER OF BUSINESS OF THIS TAX STUDY COMMISSION IS A

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4913 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR THE RENTING OF HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT" FOR THIS PURPOSE; BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE ISSUED BY THE DEPARTMENT OF REVENUE AND PAYMENT OF TAXES DUE UPON THE CLOSING OR TRANSFER OF THE BUSINESS; BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY; BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD; TO AMEND SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO THIS STATE'S TAX LAWS, SO AS TO REFER TO THE IRC AS AMENDED THROUGH

Rep. COOPER, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 4874 (Word version) -- Reps. Harrell, Merrill, Cotty, Ballentine, G. Brown, Duncan, Barfield, Haley, Bailey, Bales, Bannister, Battle, Bingham, Brady, Breeland, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Delleney, Edge, Frye, Hardwick, Harrison, Haskins, Herbkersman, Hinson, Hodges, Huggins, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Mack, McGee, Miller, Norman, Ott, Perry, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Sandifer, Scarborough, Simrill, G. R. Smith, J. E. Smith, Talley, Thompson, Townsend, Tripp, Umphlett, Vick, Viers, Walker, White, Whitmire, Young, Lucas and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT, BY ADDING SECTION 12-6-3589 SO AS TO PROVIDE FOR A CREDIT AGAINST THE STATE CORPORATE INCOME TAX FOR COSTS INCURRED BY A MANUFACTURING FACILITY IN COMPLYING WITH WHOLE EFFLUENT TOXICITY TESTING, THE AMOUNT OF THE CREDIT, AND A TEN-YEAR CARRY FORWARD PERIOD, AND TO DEFINE "MANUFACTURING FACILITY"; BY ADDING SECTION 12-36-2140 SO AS TO

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

H. 5021 (Word version) -- Rep. Haley: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR BISHOP WENDELL HENDRIX OF LEXINGTON COUNTY FOR HIS OUTSTANDING COMMITMENT TO HIS FAITH, CONGREGATION, AND COMMUNITY, AND TO DECLARE MAY 21, 2006, AS "BISHOP WENDELL HENDRIX DAY".

Whereas, the son of Reverend Oliver Henry and Ena Elizabeth Hendrix, Bishop Wendell Hendrix has moved many with his extraordinary faith and commitment to the furtherance of his church and its people; and

Whereas, a devoted husband and father, he shares a loving marriage with Betty L. Moore Hendrix and adores his son, Wendell Hendrix, Jr., three daughters, Missy Proctor, Tina Jeffcoat, and Penny Porter, and nine grandchildren; and

Whereas, an ordained minister for thirty years, he served as pastor of Olympia Church of God and Dunbar Road Church of God before his most current pastorship at Fish Hatchery Road Church of God; and

Whereas, under his exceptional leadership, church membership has grown from eighteen to three hundred twenty-five faithful members; and

Whereas, in addition to his preaching responsibilities, Bishop Hendrix shares his love of music with the congregation, as he sings and plays the piano during worship services; and

Whereas, his very presence in the pulpit is an overwhelming display of his faith, as he suffered a paralyzing stroke in February 2003, and had open heart surgery in July 2003, but found the strength and resolve to stand strong in the pulpit and at the piano to deliver his message to fellow believers; and

Whereas, Bishop Hendrix's steadfast love for his church is readily apparent in everything he does, and his congregants at Fish Hatchery Road Church of God and the surrounding community are fortunate to have such a prolific leader to guide them through life. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, recognize and honor Bishop Wendell Hendrix of Lexington County for his outstanding contributions to his faith, congregation, and community, and to declare May 21, 2006, as "Bishop Wendell Hendrix Day".

Be it further resolved that a copy of this resolution be forwarded to Bishop Wendell Hendrix.

The Resolution was adopted.

The following was introduced:

H. 5022 (Word version) -- Reps. Scott, 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,

The Resolution was adopted.

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

H. 5023 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO NUTRITION STANDARDS FOR ELEMENTARY (K-5) SCHOOL FOOD SERVICE MEALS AND COMPETITIVE FOODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 5024 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES AND LEVELS OF CREDENTIAL CLASSIFICATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 3028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 5025 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR

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

H. 5026 (Word version) -- Reps. Rutherford, Allen, Anderson, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Govan, J. Hines, M. Hines, Hodges, Hosey, Howard, Jefferson, Kennedy, Mack, Mitchell, Moody-Lawrence, J. H. Neal, Parks, Scott, F. N. Smith, Weeks, Agnew, Altman, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, G. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Huggins, Jennings, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, J. M. Neal, Neilson, Norman, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, 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, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 26, 2006, AS "LINKS DAY AT THE CAPITOL", TO RECOGNIZE THE SOUTH CAROLINA CHAPTER OF THE SOUTHERN AREA OF THE LINKS, INC., AND TO COMMEND THEM ON THEIR EFFORTS AND ADVOCACY IN SEEKING TO ELIMINATE HEALTH DISPARITIES IN THIS STATE.

Whereas, the South Carolina Chapter of the Southern Area of the Links, Inc., is an organization dedicated to improving the health of African Americans and to eliminating health disparities affecting this population; and

Whereas, among the target areas identified by "Healthy People 2010", and taken on by Links, are infant mortality, cancer, cardiovascular disease, diabetes, HIV/AIDS, and immunizations; and

Whereas, research demonstrates that these target areas are ones in which African Americans are disproportionately impacted. African Americans have double the infant mortality rate of white Americans, a thirty percent higher death rate from cancer, a forty percent higher death rate from heart disease, a fifty percent higher incidence of diabetes, a death rate from HIV/AIDS seven times higher, and in any age category, African Americans are approximately twice as likely not to receive a vaccination as white Americans in those same categories; and

Whereas, Links strives to improve good personal, community, and environmental health, to exercise leadership in health policy development, and action, and to promote coordination and participation among agencies, organizations, and coalitions for the elimination of health disparities; and

Whereas, the members of the South Carolina General Assembly welcome such a vital organization to the South Carolina Statehouse and are pleased to have the opportunity to recognize their commitment and dedication to a truly critical issue in South Carolina. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, declare Wednesday, April 26, 2006, as "Links Day at the Capitol", to recognize the South Carolina Chapter of the Southern Area of the Links, Inc., and to commend them on their efforts and advocacy in seeking to eliminate health disparities in this State.

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

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

Agnew                  Allen                  Altman
Anthony                Bailey                 Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Coleman                Cooper                 Dantzler
Delleney               Edge                   Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Hayes                  Herbkersman
J. Hines               Hinson                 Hodges
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 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. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor

Thompson               Toole                  Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

I came in after the roll call and was present for the Session on Thursday, April 20.

Bill Cotty                        Carl Anderson
Becky Martin                      Todd Rutherford
Gloria Haskins                    Ronald Townsend
Denny Neilson                     Mack Hines
Edward H. "Ted" Pitts             James Lucas
Richard Chalk                     Ralph Davenport
David Mack

The SPEAKER granted Rep. R. BROWN a leave of absence for the day due to an appointment with the doctor.

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

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

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

Announcement was made that Dr. John Nobles of Bennettsville is the Doctor of the Day for the General Assembly.

Rep. J. R. SMITH and the Aiken Delegation presented to the House the Silver Bluff High School Navy Junior ROTC, the State AA Drill Team Champions, their director 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. 3132 (Word version)
Date:   ADD:
04/20/06   MERRILL

Bill Number:   H. 3132 (Word version)
Date:   ADD:
04/20/06   HAGOOD

Bill Number:   H. 4681 (Word version)
Date:   ADD:
04/20/06   DELLENEY

Bill Number:   H. 4965 (Word version)
Date:   ADD:
04/20/06   LEACH

Bill Number:   H. 4958 (Word version)
Date:   ADD:
04/20/06   ALTMAN

Bill Number:   H. 4965 (Word version)
Date:   ADD:
04/20/06   ALTMAN

Bill Number:   H. 4970 (Word version)
Date:   REMOVE:
04/20/06   LEACH

Bill Number:   H. 4838 (Word version)
Date:   REMOVE:
04/20/06   CEIPS

The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

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

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

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 FOUR-YEAR DEGREES CONTINGENT ON FUNDING; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE THE DEFINITION OF "PROJECT" TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA-SUMTER FOR THE PURPOSE OF IMPLEMENTATION OF ITS FOUR-YEAR DEGREES.

The following Bill was taken up:

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.

Rep. KENNEDY objected to the Bill.

Rep. KENNEDY 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. 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. SCARBOROUGH 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:

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.

Rep. WITHERSPOON 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:

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.

Rep. SCOTT 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. 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, McLeod, Leach and Altman: 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.

Rep. J. H. NEAL 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 Bills were taken up, read the second time, and ordered to a third reading:

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.

Rep. PERRY explained the Bill.

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 CONSUMPTION, SO AS TO PROVIDE THAT IN ADDITION TO THE PETITION METHOD OF CALLING THE REFERENDUM, A COUNTY OR MUNICIPAL GOVERNING BODY BY ORDINANCE MAY ALSO CALL THE REQUIRED REFERENDUM.

Rep. HARRISON explained the Bill.

On motion of Rep. FUNDERBURK, with unanimous consent, it was ordered that S. 1246 (Word version) be read the third time tomorrow.

On motion of Rep. PERRY, with unanimous consent, it was ordered that H. 4983 (Word version) be read the third time tomorrow.

On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4656 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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 TO PROVIDE THAT THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES SHALL PROMULGATE REGULATIONS; AND TO DESIGNATE SECTIONS 59-152-10 THROUGH 59-152-160 AS ARTICLE 1, FIRST STEPS.

Reps. WALKER, MOODY-LAWRENCE, ALTMAN, G. R. SMITH, OWENS, SKELTON, COATES, ANTHONY, HAYES, J. BROWN, JENNINGS, MAHAFFEY and MILLER requested debate on the Bill.

The following Bill was taken up:

H. 4707 (Word version) -- Reps. Govan, Scott, Hosey, Moody-Lawrence, Whipper, Clark, Howard, Mack, Vick, Allen, Battle, Bowers, Brady, Branham,

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.

The following Bill was taken up:

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6858CM06), which was adopted:
Amend the bill, as and if amended, Section 57-23-800(A) as contained in SECTION 1, page 1, by deleting lines 32 through 35.
When amended Section 57-23-800 shall read:
/ "Section 57-23-800.   (A)   The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements: at its discretion.

(1)   a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.

(2)   a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.

(3)   an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.

(B)   The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.

(C)   The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.

(D)   If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed." /
Renumber sections to conform.
Amend title to conform.

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

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

Rep. TOWNSEND asked unanimous consent that H. 4481 (Word version) be read a third time tomorrow.
Rep. WALKER objected.

The following Bill was taken up:

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

Rep. WALKER requested debate on the Bill.

Rep. WHITE 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. 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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22534AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 44-1-150 of the 1976 Code is amended to read:

"Section 44-1-150.   (A)   Except as provided in Section 44-1-151, any a person who after notice violates, disobeys, or refuses, omits, or neglects to comply with any a regulation of the Department of Health and Environmental Control, made by it the department pursuant to Section 44-1-140, is guilty of a misdemeanor and, upon conviction, shall must be fined not exceeding the sum of more than two hundred dollars or be imprisoned for thirty days.

(B)   A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 44-1-140 is subject to a civil penalty not to exceed one thousand dollars a day for each violation.

(C)   Fines collected pursuant to subsection (B) must be remitted by the department to the State Treasurer for deposit in the state general fund.

(D)   The term 'notice' as used in this section means either actual notice or constructive notice.

(E)   This section does not apply to fines levied under Section 44-1-140(8) or any other areas regulated by the South Carolina Occupational Health and Safety Act, Section 41-12-10 et seq."

Rep. SINCLAIR 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. SINCLAIR, with unanimous consent, it was ordered that H. 4692 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18357MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Article 1, Chapter 15 of Title 39 of the 1976 Code is amended by adding:

"Section 39-15-60. (A)   As used in this section, 'toy' means an article designed and made for the amusement of a child or for his use as a plaything.

(B)   It is unlawful for a person to manufacture, process, import, sell, deliver, hold for sale, offer for sale, or exchange, or have in his possession with intent to sell or exchange or offer for sale or exchange, in this State a toy that is coated with paints and lacquers containing compounds of lead in which the lead content exceeds that permitted by federal law and regulations without having affixed to it a conspicuous

(C)   Violation of this section is punishable for each violation by a civil fine not exceeding one thousand dollars.

Section 39-15-70. (A)   It is unlawful for a person to manufacture, process, import, sell, deliver, hold for sale, offer for sale,
or exchange, or have in his possession with the intent to sell or exchange or offer for sale or exchange, in this State any tableware or houseware that releases a level of lead in violation of federal standards without having affixed to it a conspicuous label that reads: 'WARNING: Contains lead. Keep Away from Children'.

(B)   For the purpose of this section:

(a)   'Tableware' means dishes, utensils, and other similar items used to prepare, contain, or serve food.

(b)   'Houseware' means utensils, dishes, and other small articles used in a household, including decorative items and vinyl mini-blinds.

(c)   'Department' means the South Carolina Department of Consumer Affairs.

(3)   This section does not apply to tableware or houseware that is manufactured without lead as an intentionally added ingredient or as an unintentional contaminant.

(C)   Violation of this section is punishable for each violation by a civil fine not exceeding one thousand dollars."
SECTION   2.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   3.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act,

Rep. SINCLAIR explained the amendment.

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

Rep. SINCLAIR continued speaking.
The amendment was then adopted.

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. 4552 (Word version) be read the third time tomorrow.

The following Bill was taken up:

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 AND COMPOSITION OF AN ADVISORY BOARD FOR EACH COUNTY DEPARTMENT, SO AS TO ABOLISH THE COUNTY ADVISORY BOARDS OF SOCIAL SERVICES; AND TO REPEAL SECTIONS 43-3-20, 43-3-30, AND 43-3-40, ALL RELATING TO THE RIGHTS, DUTIES, AND RESPONSIBILITIES OF THE COUNTY ADVISORY BOARDS OF SOCIAL SERVICES.

Rep. SINCLAIR explained the Bill.

Rep. HAYES 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. 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.

Rep. SCOTT 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 SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.

The following Bill was taken up:

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18354AB06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 2, Title 61 of the 1976 Code is amended by adding:

"Section 61-2-185.   (A)   Notwithstanding any other provision of law, scan-backs and scan-downs are prohibited pursuant to this section. A scan-back or scan-down, for purposes of this section, means a rebate paid to a retailer by a brewer, vintner, manufacturer, distiller, wholesaler, or importer, directly or indirectly, or through a clearinghouse for sales that are recorded by a scanner at the time the consumer purchases certain products of that brewer, vintner, manufacturer, distiller, wholesaler, or importer or to a clearinghouse for payment of the rebate. The provisions of this section do not limit or restrict current coupon practices other than scan-backs and scan-downs, as defined herein, which are not permissible in South Carolina. The provisions of this section do not apply to scan-back or scan-down offers made prior to the effective date of this section.

(B)   Any brewer, vintner, manufacturer, distiller, wholesaler, importer, or retailer violating the provisions of this section are subject to a civil fine of one hundred dollars for each sale recorded by scanner at the time of purchase by the consumer.

(C)   The department shall promulgate regulations to implement the provisions of this section."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON 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. HARRISON, with unanimous consent, it was ordered that H. 4768 (Word version) be read the third time tomorrow.

Reps. SCOTT, CATO, HOSEY, J. E. SMITH, GOVAN, CLYBURN, BALES, BRANHAM and MOODY-LAWRENCE withdrew their requests for debate on the following Bill:

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.

On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 4982 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING

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

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

Rep. SCARBOROUGH asked unanimous consent to recall H. 4346 (Word version) from the Committee on Education and Public Works.
Rep. SCOTT objected.

On motion of Rep. FRYE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 558 (Word version) -- Senators Knotts, Cromer and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-35 SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER OF BOARD APPOINTMENTS FOR DISTRICTS HAVING IN EXCESS OF ONE THOUSAND RESIDENTIAL CUSTOMERS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.

Rep. OTT asked unanimous consent to recall H. 3711 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. SCARBOROUGH objected.

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

S. 205 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, TO ADD THE MARINE CORPS LEAGUE TO THE LIST OF VETERANS ORGANIZATIONS EXEMPT FROM THE AD VALOREM TAX.

Rep. HERBKERSMAN asked unanimous consent to recall H. 4930 (Word version) from the Committee on Ways and Means.
Rep. CLEMMONS objected.

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

Rep. J. E. SMITH proposed the following Amendment No. 28A (Doc Name COUNCIL\MS\7203AHB06), 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 forty-five 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, which was agreed to.

Rep. J. E. SMITH proposed the following Amendment No. 29A (Doc Name COUNCIL\MS\7204AHB06), 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

Rep. J. E. SMITH explained the amendment.

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

The SPEAKER granted Rep. J. M. NEAL a leave of absence for the remainder of the day.

Rep. J. E. SMITH proposed the following Amendment No. 30A (Doc Name COUNCIL\MS\7205AHB06), 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 the residents of the county where the application sits are adequately served by existing providers." /
Renumber sections to conform.
Amend title to conform.

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

Rep. J. E. SMITH proposed the following Amendment No. 31A (Doc Name COUNCIL\MS\7357AHB06), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety SECTION 2, page 4, beginning on line 31.
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 demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Ballentine             Bannister              Bingham
Cato                   Chalk                  Chellis
Clark                  Clemmons               Coates
Coleman                Cooper                 Dantzler
Davenport              Delleney               Edge
Frye                   Haley                  Hardwick
Harrell                Harvin                 Hayes
Herbkersman            Hinson                 Huggins
Kennedy                Leach                  Loftis
Lucas                  Martin                 McCraw
McGee                  McLeod                 Merrill
Ott                    Perry                  Phillips
E. H. Pitts            M. A. Pitts            Simrill
Sinclair               D. C. Smith            J. R. Smith
Talley                 Taylor                 Thompson
Toole                  Townsend               Vaughn
Whipper                White                  Young

Anderson               Bales                  Battle
Bowers                 Brady                  Branham
Breeland               J. Brown               Clyburn
Cotty                  Emory                  Funderburk
Govan                  Hagood                 Hamilton
Harrison               Haskins                J. Hines
M. Hines               Hodges                 Hosey
Howard                 Jennings               Limehouse
Mack                   Miller                 Mitchell
J. H. Neal             Neilson                Norman
Owens                  Pinson                 Rice
Rutherford             Skelton                G. M. Smith
J. E. Smith            Vick                   Weeks
Whitmire

So, the amendment was tabled.

Rep. HARRISON proposed the following Amendment No. 79A (Doc Name COUNCIL\MS\7193AHB06), which was tabled:
Amend the bill, as and if amended, by deleting in its entirety SECTION 8, page 11, beginning on line 33.
Amend the bill further, by deleting in its entirety SECTION 38, page 32, beginning on line 34.
Amend the bill further, Section 12-60-3380, as contained in SECTION 14, page 17, line 11, by striking / Division / and inserting
/ Division Court /.
Amend the bill further, Section 12-60-3380, as contained in SECTION 14, page 17, line 14, by striking / Division / and inserting
/ Division Court /.
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.

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

Rep. WHITE proposed the following Amendment No. 17A (Doc Name COUNCIL\NBD\12418AC06), which was tabled:

"For all contested cases involving certificates of need, the Administrative Law Court must render its final decision or order within sixty days of the date the Administrative Law Court receives the transcript of the hearing."/
Renumber sections to conform.
Amend title to conform.

Rep. WHITE explained the amendment.

Rep. WHITE moved to table the amendment, which was agreed to.

The motion of Rep. CATO to reconsider the vote whereby Amendment No. 14A was adopted was taken up and agreed to:

Rep. HAGOOD proposed the following Amendment No. 14A (Doc Name COUNCIL\NBD\12401AC06), which was tabled:
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. HARRISON spoke against the amendment.

Rep. CATO moved to table the amendment, which was agreed to by a division vote of 38 to 32.

The motion of Rep. WITHERSPOON to reconsider the vote whereby Amendment No. 16A was tabled was taken up:

The question then recurred to concur or non-concur in the Senate Amendments.

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

Those who voted in the affirmative are:

Allen                  Anthony                Ballentine
Bannister              Bingham                Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Davenport
Delleney               Edge                   Frye
Haley                  Hardwick               Harrell
Harvin                 Hayes                  Herbkersman
Hinson                 Huggins                Kennedy
Leach                  Loftis                 Martin
McCraw                 McGee                  McLeod
Merrill                Ott                    Perry
Phillips               E. H. Pitts            M. A. Pitts
Scarborough            Simrill                Sinclair
D. C. Smith            J. R. Smith            Talley
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Walker
Weeks                  Whipper                White
Young

Those who voted in the negative are:

Anderson               Bales                  Battle
Bowers                 Brady                  Branham
Breeland               J. Brown               Cotty
Emory                  Funderburk             Govan
Hagood                 Hamilton               Harrison
Haskins                J. Hines               M. Hines
Hodges                 Hosey                  Jennings

Limehouse              Mack                   Mahaffey
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             Neilson                Norman
Owens                  Parks                  Pinson
Rice                   Rutherford             Scott
Skelton                G. M. Smith            J. E. Smith
Taylor                 Thompson               Vick
Whitmire

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.

I was temporarily out of the Chamber during the vote on H. 3184 but would have voted against concurrence with the Senate Amendments.

Rep. Leon Howard

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

The following was introduced:

H. 5027 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO HONOR DR. CYNTHIA MCMILLAN FOR HER EXCEPTIONAL CONTRIBUTIONS TO THE LIVES OF THE MANY YOUNG PEOPLE SHE HAS TAUGHT DURING HER INCREDIBLE FORTY-YEAR TENURE AT THE UNIVERSITY OF SOUTH CAROLINA SALKEHATCHIE AND TO WISH HER THE BEST IN ALL HER FUTURE ENDEAVORS UPON HER RETIREMENT.

The Resolution was adopted.

The following was introduced:

H. 5028 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO CONGRATULATE DR. LAWRENCE STRONG, MATHEMATICS PROFESSOR AT THE UNIVERSITY OF SOUTH CAROLINA, SALKEHATCHIE CAMPUS, ON HIS RETIREMENT AFTER THIRTY-TWO YEARS OF DEVOTED SERVICE, AND TO EXTEND BEST WISHES TO HIM FOR A HEALTHY AND FRUITFUL RETIREMENT.

The Resolution was adopted.

The following was introduced:

H. 5029 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO RECOGNIZE DR. ARTHUR MITCHELL FOR HIS THIRTY YEARS OF SERVICE AS A PROFESSOR OF HISTORY AT THE UNIVERSITY OF SOUTH CAROLINA, SALKEHATCHIE CAMPUS, AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS UPON HIS RETIREMENT.

The Resolution was adopted.

The following was introduced:

H. 5030 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO CONGRATULATE DR. ROBERT GROUP, ENGLISH PROFESSOR AT THE UNIVERSITY OF SOUTH CAROLINA, SALKEHATCHIE CAMPUS, ON HIS RETIREMENT AFTER TWENTY-EIGHT YEARS OF DEVOTED SERVICE, AND TO EXTEND BEST WISHES TO HIM FOR A HEALTHY AND FRUITFUL RETIREMENT.

The Resolution was adopted.

The following was introduced:

H. 5031 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO HONOR DR. WILLIAM O. LAMPRECHT FOR HIS EXCEPTIONAL CONTRIBUTIONS TO THE LIVES OF THE MANY YOUNG PEOPLE HE HAS TAUGHT DURING HIS TENURE OF OVER THIRTY YEARS AT THE UNIVERSITY OF SOUTH CAROLINA SALKEHATCHIE AND TO WISH HIM THE BEST IN ALL HIS FUTURE ENDEAVORS UPON HIS RETIREMENT.

The Resolution was adopted.

The following was introduced:

H. 5032 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. BILLY CARSON BLAKENEY OF PAGELAND FOR HIS DISTINGUISHED THIRTY-EIGHT YEAR CAREER IN SERVING THE PATIENTS OF PAGELAND, CHESTERFIELD COUNTY, AND THE SURROUNDING AREAS AND FOR HIS CONTRIBUTIONS TO THE CIVIC LIFE OF HIS COMMUNITY.

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 committee:

H. 5033 (Word version) -- Reps. Allen, Whipper, Kennedy, Clyburn, Weeks, Hosey, Jefferson, Scott, J. H. Neal, F. N. Smith, Rutherford, Rhoad, Moody-Lawrence, Agnew, Anthony, Bales, Bannister, Branham, Breeland, J. Brown, R. Brown, Coleman, Hamilton, J. Hines, M. Hines, Littlejohn, McCraw, Mitchell, Neilson, Parks, Pinson, Sinclair and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO ESTABLISH A PROCEDURE TO ALLOW AN INMATE WHO IS CONFINED IN A DEPARTMENT OF CORRECTIONS' FACILITY TO ATTEND THE FUNERAL SERVICE OF CERTAIN

H. 5034 (Word version) -- Reps. Loftis, Hamilton, Leach, G. R. Smith and Vaughn: A BILL TO AMEND SECTION 40-39-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE REGULATION OF PAWNBROKERS, SO AS TO REVISE THE DEFINITION OF "PLEDGED GOODS"; TO AMEND SECTION 40-39-100, RELATING TO CHARGES ON LOANS, SO AS TO REMOVE THE TWO THOUSAND DOLLAR CAP ON THE AMOUNT OF MONEY A PAWNBROKER MAY LOAN; AND TO AMEND SECTION 40-39-150, AS AMENDED, RELATING TO ADMINISTRATIVE FINES AND PENALTIES FOR VIOLATIONS, SO AS TO PROVIDE THAT CERTAIN CRIMINAL PENALTIES ARE DISCRETIONARY RATHER THAN MANDATORY.
Referred to Committee on Judiciary

H. 5035 (Word version) -- Rep. Sinclair: A BILL TO AMEND SECTION 62-7-405, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES OF A CHARITABLE TRUST AND ADMINISTRATIVE MATTERS PERTAINING TO A CHARITABLE TRUST, SO AS TO PROVIDE THAT UNLESS REQUIRED BY LAW OR BY POLICY OR REGULATION OF THE ATTORNEY GENERAL, THE TRUSTEE OF A CHARITABLE TRUST IS NOT REQUIRED TO FILE A COPY OF THE TRUST INSTRUMENT OR REPORTS CONCERNING ACTIVITIES OF THE TRUST WITH THE ATTORNEY GENERAL.
Referred to Committee on Judiciary

The following Bill was taken up:

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,

Rep. LEACH 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. 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 OFFICERS OR EMPLOYEES OF A CRIMESTOPPERS

Rep. LEACH 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. 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, Cotty and Delleney: 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.

Rep. LEACH 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. 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 HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER MAY NOT FIRE OR DISCRIMINATE AGAINST AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE TO USE ANNUAL OR SICK LEAVE TO COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE DECLARATION OF A PUBLIC HEALTH EMERGENCY ISOLATION AND QUARANTINE ORDERS ISSUED MUST BE UNDERTAKEN IN ACCORDANCE WITH THE EMERGENCY HEALTH POWERS ACT; TO AMEND SECTION 44-4-570, RELATING TO APPOINTMENT AND USE OF IN-STATE AND OUT-OF-STATE HEALTH PERSONNEL IN A STATE OF PUBLIC HEALTH EMERGENCY, SO AS TO PROVIDE THAT LAW PERTAINING TO GOVERNMENT VOLUNTEERS AND COVERAGE UNDER THE SOUTH CAROLINA TORT CLAIMS ACT APPLIES TO SUCH PUBLIC HEALTH EMERGENCY VOLUNTEERS, TO PROVIDE EXCEPTIONS, AND TO FURTHER PROVIDE FOR IMMUNITY FROM CIVIL

Rep. LEACH 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. 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, Phillips, F. N. Smith, J. E. Smith, W. D. Smith, Tripp, Viers, Weeks and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-630 SO AS TO ESTABLISH THE DIVISION ON AFFORDABLE HOUSING WITHIN THE OFFICE OF THE LIEUTENANT GOVERNOR WHICH SHALL BE SUPPORTED BY AN ADVISORY COMMISSION ON AFFORDABLE HOUSING WHICH SHALL BE COMPRISED OF INDIVIDUALS FROM A VARIETY OF DISCIPLINES WHO ARE TRAINED AND KNOWLEDGEABLE IN AFFORDABLE HOUSING NEEDS, AND TO PROVIDE FOR THE DUTIES AND FUNCTIONS OF BOTH ENTITIES.

Rep. LEACH 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.

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

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.

On motion of Rep. RICE, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:

H. 3711 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND CHAPTER 17, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO ENACT THE PRESCRIPTION DRUG DISCOUNT CARD REGISTRATION ACT, PROVIDING FOR REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS OF PERSONS AND REPRESENTATIVES ENGAGED IN THE SALE, MARKETING, PROMOTION, ADVERTISEMENT, OR DISTRIBUTION OF PRESCRIPTION DRUG DISCOUNT CARDS OR OTHER PURCHASING DEVICES; EXEMPTIONS FROM REGULATION UNDER THE ACT; REMEDIES FOR VIOLATIONS OF THE ACT, IN ADDITION TO, AND CUMULATIVE OF, OTHER PENALTIES IN TITLE 37 AND

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

H. 3414 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 7-15-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN THE PROCESS OF EXAMINING THE RETURN ADDRESSED ENVELOPES FOR ABSENTEE BALLOTS AT 9:00 A.M. INSTEAD OF 2:00 P.M.; THAT BEGINNING AT 9:00 A.M. ON ELECTION DAY, THE ABSENTEE BALLOTS MAY BE TABULATED; AND THAT RESULTS OF THE TABULATION MUST NOT BE PUBLICLY REPORTED UNTIL AFTER THE POLLS ARE CLOSED.

Rep. LEACH moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

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

H. 4347 (Word version) -- Reps. Limehouse, Harrell, Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, M. A. Pitts, J. E. Smith, Hagood, Whipper and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER IS AUTHORIZED TO BE AND TO FURTHER PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE.

Rep. LEACH moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

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

H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.

Rep. LEACH moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

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

H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT

Rep. LEACH moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

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

H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.

Rep. LEACH moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

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

H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson: A BILL TO AMEND SECTION 44-53-

Rep. LEACH moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

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

H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M. A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D. C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E. H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR

Rep. LEACH moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

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

H. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED,

Rep. LEACH moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

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

H. 4324 (Word version) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES.

Rep. LEACH moved to adjourn debate upon the Senate Amendments until Tuesday, April 25, which was agreed to.

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

H. 3193 (Word version) -- Reps. W. D. Smith, Clemmons, Barfield, Viers, Edge, Miller, Anderson and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-

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

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

H. 4195 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.

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

The following House Resolution was taken up:

H. 5011 (Word version) -- Rep. Altman: A HOUSE RESOLUTION TO EXPRESS THE SENTIMENT OF THE HOUSE OF REPRESENTATIVES OF

Rep. LEACH moved to adjourn debate on the Resolution until Tuesday, April 25, which was agreed to.

The following Concurrent Resolution was taken up:

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, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO 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.

Rep. LEACH moved to adjourn debate on the Resolution until Tuesday, April 25, which was agreed to.

The following Concurrent Resolution was taken up:

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.

Whereas, the United States Congress in amendments to the Intermodal Surface Transportation Efficiency Act of 1991 has authorized several new interstate highways to be part of the interstate highway system of the United States; and

Whereas, two of these new interstate highways, I-73 and I-74, are scheduled to come to the boundaries of our State in Horry County; and

Whereas, several present highways in Horry County are in these locations and are suitable for designation as part of these new interstate highways. Now, therefore,

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

That the General Assembly, by this resolution, requests appropriate federal and state highway officials to designate the highways referenced below in Horry County as part of the new interstate highway system as follows:

(1)   Highway 22, the Conway Bypass, known as the Veterans Highway, as part of new Interstate Highway 73 (I-73).

(2)   Carolina Bays Parkway, known as the John B. Singleton Parkway, as part of new Interstate Highway 74 (I-74).

Be it further resolved that a copy of this resolution be forwarded to the federal highway administration and the South Carolina Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

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.

Rep. LEACH moved to adjourn debate on the Resolution until Tuesday, April 25, which was agreed to.

The following Concurrent Resolution was taken up:

H. 4958 (Word version) -- Reps. R. Brown, Whipper, Hagood, Limehouse, Mack, Merrill, Scarborough, Young and Altman: 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".

Rep. LEACH moved to adjourn debate on the Resolution until Tuesday, April 25, which was agreed to.

The following Concurrent Resolution was taken up:

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".

That the Department of Transportation 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".

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

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

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".

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

That the members of the General Assembly 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".

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

The Invitations and Memorial Resolutions Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\ 6840CM06), which was adopted:
Amend the concurrent resolution, as and if amended, by deleting lines 17 through 26 and inserting:
/ Whereas, Mr. Lilia McRae was a role model and respected leader in Dillon County for many years, and made an indelible impact on the many lives that he touched throughout his lifetime; and

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

The following Concurrent Resolution was taken up:

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

Whereas, the South Carolina General Assembly believes that the People's Republic of China continues to threaten our state's economy and the economic security of South Carolina's citizens by consistently undervaluing its currency relative to the dollar, and through various deliberate interventions has manipulated currency values, resulting in adverse effects on South Carolina's economy and its citizens; and

Whereas, South Carolina's manufacturing sector, as well as its suppliers and ancillary businesses, have lost over eighty thousand jobs due to unfair trade practices, which includes currency manipulation and other unscrupulous measures; and

Whereas, over the past decade China kept the Yuan "pegged" to the dollar and purchased hundreds of billions of dollars to artificially inflate our currency serving as a subsidy for Chinese goods and as a tax or tariff on American goods exported to China; and

Whereas, the trade deficit with China alone has been growing at a rate of between sixteen billion and twenty billion dollars per month and was over two hundred one billion dollars in 2005; and

Whereas, the members of the South Carolina General Assembly applaud the United States Department of Treasury's commitment to the proposition that real economic growth depends on free trade. The members of the General Assembly also applaud the department's efforts to initiate discussions with China's government regarding its currency policies. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina and on behalf of South Carolina's citizens and businesses, by this resolution, 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

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

The Concurrent Resolution was adopted and sent to the Senate.

Rep. LEACH moved that the House do now adjourn, which was agreed to.

The Senate returned to the House with concurrence the following:

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".

At 12:10 p.m. the House, in accordance with the motion of Rep. HARDWICK, adjourned in memory of David J. Shannon, to meet at 10:00 a.m. tomorrow.

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