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


Printed Page 2714 . . . . . Thursday, April 27, 2006

Thursday, April 27, 2006
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Lamentations 5:21: "Restore us to yourself, O Lord, that we may return; renew our days..."
Let us pray. Merciful God, Your blessings have sustained us this week. Restore us again this day as we assemble to discuss and debate the important work that needs to be done. Be our guide throughout the activities of this day that we may be a blessing to others. Preserve our Nation, President, State, Governor, Speaker, Representatives and staff. Protect and keep safe our defenders of freedom as they protect us. In the name of our Lord, we pray. Amen.

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

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

MOTION ADOPTED

Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Niles Alton Blackburn of Camden, which was agreed to.

MESSAGE FROM THE SENATE

Columbia, S.C., April 26, 2006
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 a.m. on Thursday, April 27, 2006, for the purpose of Ratifying Acts.

Very respectfully,
President


Printed Page 2715 . . . . . Thursday, April 27, 2006

On motion of Rep. DELLENEY the invitation was accepted.

REGULATION RECEIVED

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

Document No. 3042
Agency: Public Service Commission
Statutory Authority: 1976 Code Section 58-3-140
Practice and Procedure
Received by Speaker of the House of Representatives
April 26, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration April 2, 2007

REPORT OF STANDING COMMITTEE

Rep. ANTHONY, from the Union Delegation, submitted a favorable report on:

H. 5059 (Word version) -- Rep. Anthony: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-427 SO AS TO PROVIDE THAT THE UNION COUNTY SCHOOL BOARD OF TRUSTEES IS AUTHORIZED TO ESTABLISH THE OPENING DATE FOR SCHOOL TO BEGIN.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5062 (Word version) -- Reps. R. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. 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,


Printed Page 2716 . . . . . Thursday, April 27, 2006

Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE THE RICH TRADITION OF RELIGIOUS GUIDANCE OF GREATER NEW BETHLEHEM AME CHURCH OF CHARLESTON COUNTY ON THE OCCASION OF ITS ONE HUNDRED THIRTY-SIXTH ANNIVERSARY AND THE DEDICATION OF THE NEWLY RENOVATED FELLOWSHIP HALL.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5063 (Word version) -- Reps. Bowers, R. Brown, Hodges, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Brady, Branham, Breeland, G. Brown, J. 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, 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 RECOGNIZE THE BRAVE MEN AND WOMEN OF COLLETON COUNTY WHO HAVE SERVED IN DEFENSE OF OUR NATION, AND JOIN THE CITIZENS OF COLLETON COUNTY AS THEY CELEBRATE THE GRAND OPENING OF


Printed Page 2717 . . . . . Thursday, April 27, 2006

THE VETERANS VICTORY HOUSE NURSING HOME IN THE CITY OF WALTERBORO.

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

INTRODUCTION OF BILLS

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

H. 5064 (Word version) -- Reps. J. E. Smith, Cotty, Rutherford, J. H. Neal, Brady, Bales and Harrison: A BILL TO PROVIDE THAT THE AUTHORITY OF THE GOVERNING BODY OF THE RICHLAND COUNTY RECREATION COMMISSION TO LEVY AD VALOREM PROPERTY TAXES UPON ALL TAXABLE PROPERTY IN THE DISTRICT FOR OPERATING OR CAPITAL PURPOSES AND TO ISSUE GENERAL OBLIGATION BONDS OR REVENUE BONDS OF THE DISTRICT IS DELETED, AND TO PROVIDE THAT THIS AUTHORITY IS TRANSFERRED TO AND RESTS SOLELY WITH THE RICHLAND COUNTY COUNCIL.
On motion of Rep. J. E. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5065 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE TAXES WHICH WERE IMPOSED IN DILLON COUNTY FOR SCHOOL PURPOSES FOR FISCAL YEAR 2005-2006 ARE REIMPOSED FOR FISCAL YEAR 2006-2007.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 910 (Word version) -- Senators Knotts, Peeler and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE


Printed Page 2718 . . . . . Thursday, April 27, 2006

PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; TO AMEND SECTION 44-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR LICENSURE OF A PERSON WHO IS AUTHORIZED TO PRACTICE OUT-OF-STATE; AND TO AMEND SECTION 40-33-190, RELATING TO THE CONFIDENTIALITY OF COMPLAINTS, HEARINGS, AND OTHER MATTERS RELATING TO ALLEGED VIOLATIONS CONCERNING THE LICENSURE AND REGULATION OF NURSES, SO AS TO FURTHER CLARIFY THE CONFIDENTIALITY OF THESE MATTERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1032 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELAYED BIRTH CERTIFICATES, SO AS TO FURTHER SPECIFY THE PROCEDURES FOR OBTAINING A COURT-ORDERED BIRTH CERTIFICATE, INCLUDING REQUIRING ATTACHMENT OF A CERTIFICATION TO THE PETITION FROM THE STATE REGISTRAR OF VITAL STATISTICS STATING THAT NO BIRTH RECORD HAS BEEN LOCATED AND ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN THE ORDER ESTABLISHING THE RECORD OF BIRTH.
Referred to Committee on Medical, Military, Public and Municipal Affairs


Printed Page 2719 . . . . . Thursday, April 27, 2006

S. 1059 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND CHAPTER 1, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-1-190, RELATING TO AN EXPRESSION OF APOLOGY BETWEEN AND AMONG PARTIES OR POTENTIAL PARTIES TO A CIVIL ACTION, SO AS TO ENCOURAGE A STATEMENT OF APOLOGY BETWEEN A HEALTH CARE PROVIDER, HEALTH CARE INSTITUTION, AND PATIENTS EXPERIENCING AN UNANTICIPATED OUTCOME RESULTING FROM THEIR MEDICAL CARE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1174 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 42-3-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELATIONSHIP BETWEEN THE CHAIRMAN, EXECUTIVE ASSISTANT, AND ADMINISTRATIVE DIRECTOR OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO ELIMINATE THE POSITION OF EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT; TO AMEND SECTION 42-3-80, AS AMENDED, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE NAME OF THE ADMINISTRATIVE DIRECTOR TO THE EXECUTIVE DIRECTOR; AND TO REPEAL SECTION 42-3-50, RELATING TO THE EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT.
Referred to Committee on Labor, Commerce and Industry

HOUSE RESOLUTION

The following was introduced:

H. 5066 (Word version) -- Reps. Harrell, Cooper, Harrison, Cobb-Hunter, Young, 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, Coleman, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey,


Printed Page 2720 . . . . . Thursday, April 27, 2006

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 and Witherspoon: A HOUSE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO BENJAMIN NATE AND WENDY NIPPER HOMEYER ON THE BIRTH OF THEIR BEAUTIFUL DAUGHTER, SOPHIA (SOPHIE) EVELYN HOMEYER, BORN MARCH 24, 2006, AND EXTENDING THEIR BEST WISHES TO THE HAPPY PARENTS FOR SOPHIE'S HEALTH AND HAPPINESS IN ALL THE YEARS TO COME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5067 (Word version) -- Reps. Hosey, Rhoad, 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, 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, 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,


Printed Page 2721 . . . . . Thursday, April 27, 2006

White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE DR. MIKE SULLIVAN, PROFESSOR OF ENTOMOLOGY AT CLEMSON UNIVERSITY'S EDISTO RESEARCH AND EDUCATION CENTER, BLACKVILLE, SOUTH CAROLINA, ON HIS MANY YEARS OF DEDICATED SERVICE TO PUBLIC EDUCATION.

The Resolution was adopted.

ROLL CALL

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               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Delleney               Duncan                 Emory
Frye                   Funderburk             Hagood
Haley                  Hardwick               Harrell
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Phillips
Pinson                 M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
Simrill                Skelton                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith

Printed Page 2722 . . . . . Thursday, April 27, 2006

W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Walker                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 27.

Glenn Hamilton                    Walton McLeod
G. Murrell Smith                  Phillip Sinclair
Edward H. "Ted" Pitts             Joseph Neal
Bill Cotty                        Carl Anderson
Skipper Perry                     Ralph Davenport
Harold Mitchell                   Jerry Govan
Ted Vick                          Fletcher Smith
Mack Hines                        Jim Harrison

Total Present--119

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. RUTHERFORD and J. E. SMITH presented to the House the University of South Carolina Mens Basketball Team, the National Invitational Tournament Champions two consecutive years, their coaches and other school officials.

SENT TO THE SENATE

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

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,


Printed Page 2723 . . . . . Thursday, April 27, 2006

Littlejohn, Martin, Miller, Neilson, M. A. Pitts, Rivers, D. C. Smith, G. R. Smith, Vaughn, Mitchell, White, Brady and Hodges: 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.

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,


Printed Page 2724 . . . . . Thursday, April 27, 2006

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.

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.

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.

H. 5049 (Word version) -- Reps. Bowers, R. Brown and Hodges: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD COLLETON COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO


Printed Page 2725 . . . . . Thursday, April 27, 2006

THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD COLLETON COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

H. 5054 (Word version) -- Reps. Harvin, Kennedy, Bailey and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-825 SO AS TO PROVIDE THAT THE TOWN OF SUMMERTON MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE INTERCHANGES OF INTERSTATE HIGHWAY 95 AND S 14-102 (EXIT 108) IN CLARENDON COUNTY.

H. 4831 (Word version) -- Reps. Cobb-Hunter, Young, Simrill and Whipper: A BILL TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS.

RETURNED TO THE SENATE WITH AMENDMENTS

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

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.


Printed Page 2726 . . . . . Thursday, April 27, 2006

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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:

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.

ORDERED TO THIRD READING

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

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. TOOLE explained the Bill.

H. 3901 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-15-65 SO AS TO PROVIDE THAT AGRICULTURAL PRODUCTS GROWN IN ANOTHER STATE MAY BE SOLD AT ROADSIDE MARKETS OR LOCAL STANDS IN THIS STATE BY THE OUT-OF-STATE PRODUCER OR HIS AUTHORIZED AGENCY IN THE SAME MANNER IN-STATE PRODUCERS ARE PERMITTED TO SELL SUCH PRODUCTS ONLY IF THE OTHER STATE PERMITS AGRICULTURAL PRODUCERS FROM THIS STATE THE SAME PRIVILEGE AS DETERMINED BY THE DEPARTMENT OF AGRICULTURE.

Rep. WITHERSPOON explained the Bill.


Printed Page 2727 . . . . . Thursday, April 27, 2006

S. 205--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOOLE, with unanimous consent, it was ordered that S. 205 (Word version) be read the third time tomorrow.

H. 3901--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 3901 (Word version) be read the third time tomorrow.

H. 5050--REQUEST FOR DEBATE AND COMMITTED

The following Bill was taken up:

H. 5050 (Word version) -- Reps. Kirsh, Moody-Lawrence and Norman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-429 SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE YORK COUNTY SCHOOL DISTRICTS ARE AUTHORIZED TO ESTABLISH THE OPENING DATE FOR SCHOOL TO BEGIN.

Rep. ALTMAN requested debate on the Bill.

Rep. COOPER moved to commit the Bill to the Committee on Education and Public Works, which was agreed to.

H. 4834--REQUESTS FOR DEBATE AND DEBATE ADJOURNED

The following Bill was taken up:

H. 4834 (Word version) -- Reps. Sinclair, Harrison, J. E. Smith, Norman, Talley, Edge, Ceips, McCraw, Rivers and Ballentine: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES FOR COPYING THOSE RECORDS, SO AS TO PROVIDE THAT THE CHARGE MADE BY A PUBLIC BODY FOR COPIES OF PUBLIC RECORDS MAY NOT EXCEED CERTAIN SPECIFIED AMOUNTS.

Rep. SINCLAIR explained the Bill.


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Reps. HAYES, J. E. SMITH and PINSON requested debate on the Bill.

Rep. SCOTT moved to adjourn debate on the Bill until Tuesday, May 2, which was agreed to.

H. 5057--POINT OF ORDER

The following Bill was taken up:

H. 5057 (Word version) -- Reps. Ceips, Cato, Harrison, Cooper, Martin, Altman, Ott, Rivers, Sandifer and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 8 SO AS TO ENACT THE ILLEGAL ALIENS AND PUBLIC EMPLOYMENT ACT, TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, AND TO PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES.

POINT OF ORDER

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

H. 3062--POINT OF ORDER

The following Bill was taken up:

H. 3062 (Word version) -- Reps. Kirsh, Davenport, Barfield, Clyburn, Clark and Bales: A BILL TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS' LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR


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OLDER OR HAS HELD CONTINUOUS LICENSURE FOR AT LEAST THIRTY YEARS, IS FIFTY YEARS OLD, AND WHO HAS NOT BEEN DISCIPLINED BY THE BOARD OF COSMETOLOGY FROM TAKING THE CONTINUING EDUCATION COURSES; AND TO PROVIDE THAT, UPON APPROVAL BY THE BOARD, AN ATTENDANCE FORM MAY BE OBTAINED GIVING CONTINUING EDUCATION CREDIT FOR ATTENDANCE AT TRADE SHOW COSMETOLOGY-RELATED INSTRUCTIONAL PROGRAMS.

Rep. KIRSH explained the Bill.

POINT OF ORDER

Rep. HALEY 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.

H. 4942--DEBATE ADJOURNED

Rep. VAUGHN moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted:

H. 4942 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A GOLF CART MAY BE USED TO TRANSPORT INDIVIDUALS WITHIN A ONE-HALF MILE RADIUS OF A FACILITY THAT IS HOSTING A SPORTING EVENT, CONCERT, OR ANOTHER FORM OF ENTERTAINMENT.

H. 4501--RECALLED FROM COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

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

H. 4501 (Word version) -- Reps. G. R. Smith, Witherspoon, Duncan, Leach, Allen, Bailey, Bannister, R. Brown, Cato, Ceips, Cooper, Cotty, Davenport, Edge, Hamilton, Hardwick, Hiott, Huggins, Kirsh, Limehouse, Loftis,


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Martin, Merrill, Mitchell, Norman, Owens, Perry, Pinson, M. A. Pitts, Rhoad, Rutherford, Scarborough, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, Stewart, Taylor, Tripp, Vaughn, Weeks, White and Young: A BILL TO AMEND SECTION 48-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA POLLUTION CONTROL ACT, SO AS TO DEFINE THE TERM "EPHEMERAL STREAM"; AND TO ADD SECTION 48-1-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN ADMINISTERING THE POLLUTION CONTROL ACT HAS JURISDICTION OVER AN EPHEMERAL STREAM AS DEFINED ABOVE.

OBJECTION TO RECALL

Rep. WHIPPER asked unanimous consent to recall H. 5301 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.

OBJECTION TO RECALL

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

OBJECTION TO RECALL

Rep. KIRSH asked unanimous consent to recall H. 5050 (Word version) from the Committee on Education and Public Works.
Rep. COOPER objected.

SENT TO THE SENATE

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

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, Coates, McLeod, Umphlett, Mahaffey, Battle, Ballentine, Clark and Clemmons: 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


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TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS 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 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.

H. 3681 (Word version) -- Reps. Weeks, G. Brown, J. H. Neal, G. M. Smith and Coates: 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


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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.

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 GOVERNMENTAL EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE CERTAIN CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES.

MOTION PERIOD

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

H. 4932--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted:

H. 4932 (Word version) -- Reps. Cotty and Clark: 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.


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S. 1004--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted:

S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO REVISE CERTAIN EXIT EXAMINATION REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND


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SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TEST TO END-OF-YEAR ASSESSMENT; TO AMEND SECTION 59-28-200, RELATING TO THE DEVELOPMENT OF INFORMATIONAL MATERIALS, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TESTS TO STATEWIDE ASSESSMENTS; AND TO REPEAL CHAPTER 30 OF TITLE 59 RELATING TO THE BASIC SKILLS ASSESSMENT PROGRAM.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 5056 (Word version) -- Reps. Scarborough, Limehouse, Altman, G.M. Smith, Perry, Ballentine, Bowers, Battle, Hagood, Harvin, Leach, McGee, Coates, Owens, M.A. Pitts, Talley, Taylor, Haskins, Brady, Jennings, Rice, Vaughn, E.H. Pitts, Toole, Herbkersman, Merrill, Huggins, Young, D.C. Smith, Duncan, Chalk, Loftis, Hardwick and Bingham: A HOUSE RESOLUTION TO EXPRESS THE STRONG SUPPORT OF THE HOUSE OF REPRESENTATIVES FOR THE RIGHT OF PRAYER AT THE SCHOOLS AND COLLEGES OF THIS STATE CONSISTENT WITH CONSTITUTIONAL LIMITATIONS AND RESTRAINTS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5068 (Word version) -- Reps. Rutherford, Harrell, 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, Harrison, Harvin, Haskins,


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Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. 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 EXPRESSING THE SINCERE GRATITUDE OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PARTICIPATING RESTAURANTS WHO GENEROUSLY OFFERED UP THE FINEST AND TASTIEST SOUTHERN CUISINE ON THE GROUNDS OF THE STATE HOUSE AT THE SOUTH CAROLINA HOSPITALITY ASSOCIATION'S TASTE OF SOUTH CAROLINA LEGISLATIVE LUNCHEON, WEDNESDAY, APRIL 19, 2006.

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

MOTION ADOPTED

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

RATIFICATION OF ACTS

At 11:15 a.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R276, S. 46 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS, A REAL ESTATE LICENSEE WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE, TO PROVIDE THAT A


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PRIOR RECORDED LIEN HAS PRIORITY OVER THE REAL ESTATE LICENSEE'S LIEN, AND TO DEFINE PRIOR RECORDED LIENS.

(R277, S. 800 (Word version)) -- Senators Sheheen and Hawkins: AN ACT TO AMEND SECTION 56-5-6450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED FIFTY DOLLARS.

(R278, S. 1094 (Word version)) -- Senators Leatherman, Alexander, Ryberg and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-370 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND COMMISSION OFFICERS AND MANAGEMENT EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FOR A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE COMMISSION IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION WITH RESPECT TO THE VARIOUS STATE RETIREMENT SYSTEMS AND INVESTMENTS ALLOWED FOR THE FUNDS OF THESE SYSTEMS, SO AS TO PROVIDE FOR ADDITIONAL INVESTMENTS; TO AMEND SECTION 9-1-1340, AS AMENDED, RELATING TO CONFLICT OF INTEREST PROVISIONS WITH RESPECT TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CONFORM THE PROVISIONS TO THE NATIONAL GUARD RETIREMENT SYSTEM; TO AMEND SECTION 9-10-60, RELATING TO THE STATE BUDGET AND CONTROL BOARD'S RESPONSIBILITIES WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND


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CONFLICT OF INTEREST PROVISIONS FOR THAT SYSTEM, SO AS TO CONFORM THESE RESPONSIBILITIES TO THE MANNER OF OPERATION OF THE OTHER STATE RETIREMENT SYSTEMS AND TO DELETE REDUNDANT PROVISIONS; TO AMEND SECTION 9-16-360, RELATING TO STANDARDS OF CONDUCT FOR FIDUCIARIES WITH RESPECT TO THE STATE RETIREMENT SYSTEMS, SO AS FURTHER TO DEFINE "INDIRECT INTEREST" AND TO ALLOW THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO WAIVE THESE STANDARDS BY CONTRACT WITH CERTAIN FIDUCIARIES.

(R279, S. 1143 (Word version)) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO FEES AND CHARGES OF CONSUMER CREDIT COUNSELING ORGANIZATION LICENSEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R280, S. 1200 (Word version)) -- Senator J. V. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2007 AND 2008, 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 THROUGH 2006 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.

(R281, S. 1246 (Word version)) -- Senator Sheheen: AN ACT 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.


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(R282, S. 1352 (Word version)) -- Senators Knotts, Cromer, Courson and Setzler: AN ACT 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.

(R283, H. 3010 (Word version)) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: AN ACT TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES, AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL INCLUDING THOSE SPONSORED BY THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO ANNUAL REPORT CARDS AND PERFORMANCE RATINGS UNDER THE EDUCATION ACCOUNTABILITY ACT; AND TO AMEND SECTION 59-18-920, AS AMENDED, RELATING TO REQUIREMENTS OF THESE REPORT CARDS, SO AS TO REQUIRE CHARTER SCHOOLS TO REPORT DATA TO THE DEPARTMENT OF EDUCATION TO GENERATE A REPORT CARD, AND PROVIDE THAT THE DEPARTMENT BY REGULATION SHALL ESTABLISH PROCEDURES FOR THIS DATA REPORTING.

(R284, 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-930 SO AS TO CREATE THE OFFENSE OF TRAFFICKING IN PERSONS FOR FORCED LABOR OR SERVICES, TO PROVIDE A PENALTY, TO DEFINE THE TERM


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"FORCED LABOR OR SERVICES", AND TO PROVIDE AN EXCEPTION FOR PERSONS IN THE CUSTODY OF A CORRECTIONAL FACILITY.

(R285, H. 3184 (Word version)) -- Reps. Harrison, G.R. Smith, Whipper, Cato, G.M. Smith and Weeks: AN ACT TO AMEND SECTION 1-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND ORDERS OF THE STATE HUMAN AFFAIRS COMMISSION, SO AS TO PROVIDE FOR APPEAL OF A COMMISSION DECISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, AS AMENDED, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IN A CONTESTED CASE IS BY A PREPONDERANCE OF THE EVIDENCE EXCEPT IN A CONTESTED CASE INVOLVING THE DETERMINATION OF A CERTIFICATE OF NEED FOR NEW OPEN HEART SURGERY SERVICES WHEN A LEGALLY CONCLUSIVE PRESUMPTION IS CREATED IN FAVOR OF APPROVAL WHEN CERTAIN CIRCUMSTANCES ARE MET; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND SECTION 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 CONTESTED CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO HEARINGS OF THE DIVISION OF THE MOTOR VEHICLES, SO AS TO CREATE THE DIVISION OF MOTOR VEHICLE HEARINGS WITHIN THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR ITS COMPOSITION AND OPERATION; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A


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FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO PROVIDE FOR APPEAL OF A COMMISSION'S DECISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 9-21-70, RELATING TO APPEALS FROM A DECISION OF THE ADMINISTRATIVE LAW COURT, SO AS TO APPEAL TO THE COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 11-35-4410, AS AMENDED, RELATING TO APPEALS REGARDING PROCUREMENT BY THE PROCUREMENT REVIEW PANEL, SO AS TO PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT DOES NOT APPLY TO THE PANEL UNDER CERTAIN CIRCUMSTANCES AND APPEAL FROM A PANEL DECISION IS ONLY TO THE CIRCUIT COURT; TO AMEND SECTIONS 12-60-3370, 12-60-3380, AND 12-60-3390, ALL AS AMENDED, RELATING TO TAXPAYER APPEALS, ALL SO AS TO PROVIDE THAT APPEALS ARE TO THE COURT OF APPEALS RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD FINAL DECISIONS OF AN AGENCY, OR A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE TO THE LIST OF CASES THE COURT OF APPEALS HAS JURISDICTION OVER; TO AMEND SECTION 31-21-130, RELATING TO APPEALS TO THE HUMAN AFFAIRS COMMISSION REGARDING THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT APPEAL IS TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 33-56-140, RELATING TO INVESTIGATIONS, HEARINGS, AND APPEALS REGARDING SOLICITATION OF CHARITABLE FUNDS, SO AS TO PROVIDE THAT ACTIONS BROUGHT BY THE SECRETARY OF STATE FOR CERTAIN CHARITABLE SOLICITATION VIOLATIONS ARE TO BE BROUGHT BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 39-37-100, AS AMENDED, RELATING TO APPEALS OF THE DEPARTMENT OF AGRICULTURE REGARDING LICENSES OF MANUFACTURERS OF CERTAIN FROZEN DESSERTS, SO AS TO PROVIDE THAT

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APPEAL IS TO THE ADMINISTRATIVE LAW COURT RATHER THAN THE CIRCUIT COURT; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO THE PROCEDURE TO OBTAIN JUDICIAL REVIEW OF A DECISION BY THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT A PARTY TO THE PROCEEDING MAY APPEAL A COMMISSION DECISION WITHIN THIRTY DAYS FROM THE DATE OF THE MAILING OF THE COMMISSION'S DECISION; TO AMEND SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND SECTION 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE FOR A HEARING BEFORE THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE FEE AND PROVIDE FOR ITS RETENTION BY THE ADMINISTRATIVE LAW COURT; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN

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ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, AND SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO AMEND SECTION 44-1-50, RELATING TO APPEALS FROM THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR ADMINISTRATIVE REVIEW BY THE BOARD AND FOR FINAL AGENCY DETERMINATIONS; AND BY ADDING SECTION 44-1-60 SO AS TO PROVIDE PROCEDURES IN A CONTESTED CASE BEFORE THE BOARD; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.

(R286, 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-398 SO AS TO REQUIRE PRODUCTS WHOSE SOLE ACTIVE INGREDIENT IS EPHEDRINE OR PSEUDOEPHEDRINE TO BE SOLD ONLY IN BLISTER PACKAGING AND FROM BEHIND A COUNTER, TO PROVIDE THAT ONLY PRODUCTS CONTAINING NINE GRAMS OR LESS OF EPHEDRINE OR PSEUDOEPHEDRINE MAY BE SOLD IN A SINGLE SALE, TO REQUIRE RETAILERS TO PURCHASE SUCH PRODUCTS ONLY FROM DISTRIBUTORS REGISTERED BY THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, TO REQUIRE PURCHASERS TO PRODUCE


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A GOVERNMENT ISSUED PHOTO IDENTIFICATION, TO REQUIRE A RETAILER TO MAINTAIN A LOG OF SUCH SALES, TO PROVIDE THAT IT IS UNLAWFUL TO POSSES, MANUFACTURE, DISTRIBUTE, OR SELL SUBSTANCES CONTAINING ALTERED EPHEDRINE OR PSEUDOEPHEDRINE, TO PROVIDE PENALTIES FOR VIOLATIONS, TO REQUIRE A RETAILER TO PROVIDE TRAINING TO EMPLOYEES ON THE REQUIREMENTS OF THIS SECTION AND TO PROVIDE THAT PROVIDING SUCH TRAINING IS AN AFFIRMATIVE DEFENSE TO CERTAIN VIOLATIONS, AND TO PROVIDE EXEMPTIONS FROM THE REQUIREMENTS OF THIS SECTION; TO ADD SECTION 20-7-105 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO MANUFACTURE AMPHETAMINE OR METHAMPHETAMINE IN THE PRESENCE OF A CHILD, TO KNOWINGLY PERMIT A CHILD IN AN ENVIRONMENT WHERE A PERSON IS SELLING, DISPENSING, OR MANUFACTURING AMPHETAMINE OR METHAMPHETAMINE OR WHERE DRUG PARAPHERNALIA IS STORED FOR THE PURPOSE OF MANUFACTURING AMPHETAMINE OR METHAMPHETAMINE, AND TO PROVIDE PENALTIES; TO ADD SECTION 44-53-376 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY CAUSE DISPOSAL OF WASTE FROM THE PRODUCTION OF METHAMPHETAMINE AND TO PROVIDE PENALTIES AND TO FURTHER PROVIDE THAT A PERSON CONVICTED OF SUCH AN OFFENSE SHALL MAKE RESTITUTION TO ALL ENTITIES INVOLVED IN ANY EMERGENCY ENVIRONMENTAL RESPONSE REQUIRED DUE TO SUCH UNLAWFUL DISPOSAL; AND TO ESTABLISH A STUDY COMMITTEE TO REVIEW THE IMPLEMENTATION AND APPLICATION OF THIS ACT DURING THE FIVE YEARS FOLLOWING ITS ENACTMENT.

(R287, 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: AN ACT 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


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WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, AND TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; AND TO AMEND SECTION 57-5-1495, 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 WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION, AND TO PROVIDE THAT THE NOTICES THAT ARE ISSUED PURSUANT TO THIS SECTION MUST CONTAIN INFORMATION THAT ADVISES A PERSON THAT FAILURE TO PAY A TOLL MAY RESULT IN THE SUSPENSION OF A VEHICLE REGISTRATION.

(R288, H. 4313 (Word version)) -- Reps. J. Brown, Clark, Altman, G.R. Smith, Loftis, Moody-Lawrence, Toole, Vick and R. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-185 SO AS TO PROVIDE THAT THE FIRST FRIDAY IN MAY OF EACH YEAR IS DECLARED TO BE "VIETNAM VETERANS SURVIVORS' AND REMEMBRANCE DAY" IN SOUTH CAROLINA.

(R289, 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


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ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER AND CHILD ARE AUTHORIZED TO BE AND TO PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE; AND TO AMEND SECTION 16-15-130, RELATING TO THE OFFENSE OF INDECENT EXPOSURE, SO AS TO PROVIDE THAT THIS OFFENSE DOES NOT APPLY TO A WOMAN WHO BREASTFEEDS HER CHILD IN A PLACE WHERE SHE AND THE CHILD ARE AUTHORIZED TO BE.

(R290, H. 4585 (Word version)) -- Reps. Simrill, Bowers, Kennedy, Duncan, Bannister, Ceips, Cobb-Hunter, Leach, Limehouse, Littlejohn, Ott and Scarborough: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-682 SO AS TO DESIGNATE BOILED PEANUTS AS THE OFFICIAL STATE SNACK FOOD AND TO PROVIDE THAT SCHOOLS ARE NOT REQUIRED OR ENCOURAGED TO SERVE PEANUTS, ESPECIALLY TO STUDENTS WITH FOOD ALLERGIES.

(R291, H. 4708 (Word version)) -- Reps. Bowers, Hodges and R. Brown: AN ACT TO AMEND SECTION 57-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROADSIDE VEGETATION MANAGEMENT ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ALSO APPLY TO ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 95 BETWEEN MILE MARKERS 54 AND 58.

(R292, H. 4881 (Word version)) -- Reps. Cobb-Hunter, Mitchell, Clyburn, Hosey, Hodges, Govan, Howard, J.H. Neal, J. Hines, Funderburk, Haley, Mack, Branham, Breeland, J. Brown, R. Brown, Hardwick, M. Hines, Hinson, Jefferson, McCraw, McGee, Ott, Rivers, Scott, F.N. Smith, Vaughn, Weeks, Whipper and Young: A JOINT RESOLUTION TO CREATE THE CHRONIC KIDNEY DISEASE TASK FORCE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING DEVELOPING A PLAN TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT EARLY SCREENING, DIAGNOSIS, AND TREATMENT, AND PROVIDING RECOMMENDATIONS FOR IMPLEMENTATION OF SUCH A PLAN; AND TO REQUIRE THE TASK FORCE TO


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SUBMIT ITS REPORT AND RECOMMENDATIONS BEFORE THE 2007 LEGISLATIVE SESSION, AT WHICH TIME THE TASK FORCE IS ABOLISHED.

(R293, H. 4922 (Word version)) -- Rep. J.E. Smith: AN ACT TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; TO PROVIDE THAT REAL PROPERTY HELD BY THE COMMISSION MUST BE TRANSFERRED IN ACCORDANCE WITH THE INSTRUMENT THROUGH WHICH THE PROPERTY WAS CONVEYED TO THE COMMISSION; TO PROVIDE THAT THE STATE SHALL CONVEY TO RICHLAND COUNTY ANY PROPERTY THAT REVERTS TO THE STATE; AND TO REPEAL ACT 69 OF 1963, RELATING TO THE ESTABLISHMENT, POWERS, AND DUTIES OF THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION.

(R294, H. 4940 (Word version)) -- Rep. Walker: AN ACT TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

ADJOURNMENT

At 11:24 a.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Niles Alton Blackburn of Camden, to meet at 10:00 a.m. tomorrow.

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