Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 119:49: "Remember your word to your servant, for you have given me hope."
Let us pray. O God of our salvation, the hope of all the ends of the earth, hear our prayer. We call upon You this day for Your blessings to abide on each of these people who strive to do the best for the people of this State. Guide them in their thinking and actions. Be present with this body of Representatives and staff as they carry out their duties. Bless our Nation, President, State, Governor, Speaker, Representatives and staff. Keep our defenders of freedom safe in Your care as they protect us. In the name of our Lord, we pray. Amen.

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

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

Rep. COTTY moved that when the House adjourns, it adjourn in memory of Kris Hoffman of Columbia, which was agreed to.

The following was received:

Columbia, S.C., May 16, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

Very respectfully,
President
Received as information.

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

Document No. 3052
Agency: Public Service Commission
Statutory Authority: 1976 Code Section 58-3-140
Telecommunications Utilities
Received by Speaker of the House of Representatives
May 16, 2006

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

S. 1353 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3044, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 5131 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 3002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

The following was introduced:

H. 5132 (Word version) -- Rep. Duncan: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR STEWART AND DOROTHEA PEET OF LAURENS COUNTY FOR THEIR OUTSTANDING CONTRIBUTIONS TO THEIR COMMUNITY THROUGH VOLUNTEERISM, AND TO WISH THEM ALL THE BEST IN THE COMING YEARS.

The Resolution was adopted.

The following was introduced:

H. 5133 (Word version) -- Rep. Haley: A HOUSE RESOLUTION TO COMMEND BILL GALARDI FOR THE OUTSTANDING WORK HE HAS DONE ON BEHALF OF THE STATE OF SOUTH CAROLINA, AND TO RECOGNIZE HIM FOR BEING NAMED THE STATE EMPLOYEES ASSOCIATION'S MALE STATE EMPLOYEE OF THE YEAR FOR THE RICHLAND AND LEXINGTON CHAPTER.

The Resolution was adopted.

The following was introduced:

H. 5134 (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 HOUSE RESOLUTION TO COMMEND MR. ROBERT W. JOHNS, DIRECTOR OF MARKETING FOR NUCOR STEEL CORPORATION, ON HIS DISTINGUISHED CAREER SERVING THE MEN AND WOMEN OF NUCOR STEEL, AND TO COMMEND HIM FOR HIS UNWAVERING ADVOCACY AND BELIEF IN THE AMERICAN MANUFACTURING SECTOR, AND

The Resolution was adopted.

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hodges                 Howard
Huggins                Jefferson              Jennings
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Mack
Mahaffey               Martin                 McCraw
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole

Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Walker
Weeks                  White                  Whitmire
Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, May 16.

Anne Parks                        Fletcher Smith
James Lucas                       Thad Viers
Cathy Harvin                      Lonnie Hosey
James McGee                       William Bowers
Todd Rutherford                   Harold Mitchell
Kenneth Kennedy                   Jackson "Seth" Whipper

The SPEAKER granted Rep. J. E. SMITH a leave of absence for the week due to business reasons.

Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.

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. 4977 (Word version)
Date:   ADD:
05/16/06   G. R. SMITH

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

H. 3187 (Word version) -- Reps. Rice, Owens, Loftis, Vaughn, G. R. Smith, Hinson, Viers and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO ESTABLISH THE SOUTH CAROLINA VIRTUAL CHARTER SCHOOL DISTRICT, PROVIDE THAT IT MUST BE GOVERNED BY A BOARD OF TRUSTEES, PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR THE STUDENTS' SUPERVISION AND THE STUDENTS' DUTIES, PROVIDE FOR THE DISTRICT'S TEACHERS AND FUNDING, PROVIDE A TAX CREDIT FOR AN INDIVIDUAL OR A CORPORATION THAT MAKES A DONATION TO THE DISTRICT, PROVIDE THAT THE DISTRICT MAY NOT LEVY ADDITIONAL TAXES OR ISSUE BONDS WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY, AND PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT MAY PROMULGATE REGULATIONS.

The following Bill was taken up:

H. 3343 (Word version) -- Reps. Hagood, Cotty, Harrison, Limehouse, Loftis, McLeod, Townsend, Merrill, Herbkersman, Pinson, Altman, Barfield, Battle, Branham, G. Brown, Ceips, Coleman, Davenport, Funderburk, Mack, McGee, Miller, J. H. Neal, Ott, Rivers, Scarborough, J. E. Smith, W. D. Smith, Young and Hodges: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR

Reps. WALKER, CATO, KIRSH, ANTHONY, OWENS, DAVENPORT, SKELTON, COATES, MAHAFFEY, HAGOOD, TOOLE and BINGHAM requested debate on the Bill.

The following Bill was taken up:

S. 776 (Word version) -- Senator Verdin: 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 ALLOW A PROPERTY TAX EXEMPTION FOR A MOTOR VEHICLE LICENSED AND REGISTERED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ANTIQUE MOTOR VEHICLE.

Rep. LIMEHOUSE proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12533AC06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   A.   Section 12-37-224 of the 1976 Code, as added by Act 114 of 1999, is amended to read:

"Section 12-37-224.   A motor home or boat on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes."
B.   Section 12-37-220(B)(38) of the 1976 Code is amended to read:

"(38)(a)   Watercraft and motors which that have an assessment of not more than fifty dollars.

(b)   an amount of the fair market value of any watercraft, including those assessed pursuant to Section 12-37-224, sufficient to limit to one thousand five hundred dollars the total property tax on the watercraft for a property-tax year."

"Section 12-37-224.   A motor home, or trailer used for camping and recreational travel that is pulled by a motor vehicle, on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes."

(2)     SECTION C.(1) takes effect upon approval by the Governor and is applicable for travel trailer property tax years beginning after 2006.
D.   This section takes effect upon approval by the Governor and applies for property tax years beginning after 2005./
Renumber sections to conform.
Amend title to conform.

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

Reps. MAHAFFEY, MCLEOD and BALES proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12541AC06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   a.   Section 12-37-224 of the 1976 Code is amended to read:

"Section 12-37-224.   A motor home, or trailer used for camping and recreational travel that is pulled by a motor vehicle, on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes."
B.   This section takes effect upon approval by the Governor and is applicable for travel trailer property tax years beginning after 2005./
Renumber sections to conform.
Amend title to conform.

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

Rep. KIRSH moved to adjourn debate on the Bill.

Rep. TAYLOR moved to table the motion.

Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Bingham                Bowers
Brady                  G. Brown               Chalk
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Haley
Hamilton               Hardwick               Harrell
Harvin                 Hinson                 Huggins
Leach                  Limehouse              Littlejohn
Loftis                 Mahaffey               Martin
McCraw                 Merrill                Neilson
Owens                  Perry                  Phillips
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Sinclair
G. M. Smith            G. R. Smith            W. D. Smith
Talley                 Taylor                 Toole
Townsend               Umphlett               Vaughn
Viers                  White                  Witherspoon
Young

Those who voted in the negative are:

Agnew                  Anderson               Battle
Breeland               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Emory
Frye                   Funderburk             J. Hines
M. Hines               Hiott                  Hosey

Jefferson              Jennings               Kirsh
Mack                   McLeod                 Miller
Moody-Lawrence         Norman                 Ott
Parks                  Rhoad                  Rivers
Scott                  Skelton                F. N. Smith
Thompson               Tripp                  Vick
Weeks

So, the motion to adjourn debate was tabled.

Reps. SCOTT, J. BROWN, THOMPSON, RIVERS, WEEKS, MOODY-LAWRENCE, KIRSH, MACK, DUNCAN, VAUGHN, JEFFERSON, EMORY, HOSEY, RICE, TAYLOR, MERRILL and UMPHLETT requested debate on the Bill.

The following Bill was taken up:

S. 985 (Word version) -- Senators Leatherman, Leventis and Pinckney: A BILL TO AMEND SECTION 6-1-530(B) OF THE 1976 CODE, RELATING TO THE USE OF REVENUE FROM THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY WHICH COLLECTS ONE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES MAY USE THE REVENUE COLLECTED FOR THE OPERATION AND MAINTENANCE OF THE ITEMS LISTED IN SECTION 6-1-530(A) AND POLICE, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY-PREPAREDNESS OPERATIONS DIRECTLY ATTENDANT TO THOSE FACILITIES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21219SD06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 6-1-530(B) of the 1976 Code, is amended to read:

"(B)(1)     In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the local accommodations tax

(2)   In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, an amount not to exceed twenty percent of the revenue in the preceding fiscal year of the local accommodations tax authorized pursuant to this article may be used for the additional purposes provided in item (1) of this subsection."
SECTION   2.   Section 6-1-730(B) of the 1976 Code is amended to read:

"(B)(1)     In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the hospitality tax authorized in this article may be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.

(2)   In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, an amount not to exceed twenty percent of the revenue in the preceding fiscal year of the local hospitality tax authorized pursuant to this article may be used for the additional purposes provided in item (1) of this subsection."
SECTION   3.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. LITTLEJOHN continued speaking.

Rep. COOPER moved to adjourn debate on the Bill until Wednesday, May 17, which was agreed to.

Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, May 17, which was adopted:

S. 572 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO REDESIGNATE THE FORMER SECTION 11-35-4020 PROVIDING FOR THE SALE OF UNSERVICEABLE MATERIALS AND EQUIPMENT BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 and 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4340, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER", "DESIGNATED BOARD OFFICE", OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR OFFICER OR POSITION OF THE BOARD; TO REPLACE REFERENCES OF PROCUREMENT

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

S. 1154 (Word version) -- Senators Fair, Peeler, Verdin, Land, O'Dell, Mescher, Short, Martin, Alexander and Scott: A BILL TO AMEND THE CODE

Rep. SINCLAIR explained the Bill.

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

Rep. OWENS explained the Bill.

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

Rep. OWENS explained the Bill.

The following Bill was taken up:

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

Rep. OWENS explained the Bill.

Rep. J. BROWN moved to adjourn debate on the Bill until Wednesday, May 17, which was agreed to.

The following Bill was taken up:

S. 1287 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-23-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO PROVIDE THAT PRIVATE HIGH SCHOOL INSTRUCTORS ARE NOT REQUIRED TO PAY A FEE FOR A DRIVER INSTRUCTOR PERMIT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6901CM06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1. Section 56-23-10 of the 1976 Code is amended to read:

"Section 56-23-10.   No A person may not engage in the business of training or educating persons to drive or operate motor vehicles or offer training or education to conduct either the classroom or the behind the wheel training, or both, for which a fee or charge is made, unless and until the person has obtained and holds a valid driver training school license issued by the Department of Motor Vehicles. A person may hold a license to teach classroom only or to teach behind the wheel training only. The licensee must have a permanent location in this State and all motor vehicles used for behind the wheel instruction must

"Section 56-23-40.   The annual license fee for each driver training school licensed under the provisions of this chapter shall be fifty is one hundred dollars,. and all such licenses Prior to operation, each licensed driver training school also must obtain a corporate surety bond in the amount of ten thousand dollars. The bond must be given to the department and executed by the applicant, as principal, and by a corporate surety company authorized to do business in this State, as surety. The bond must be conditioned upon the applicant or licensee complying with the statutes applicable to the license and as indemnification for loss or damage suffered by a person having retained services of a driver training school. Licenses issued shall pursuant to this section expire on June thirtieth of the license year of issue. The proceeds from the sale of driver training school licenses shall must be placed in the state general fund for the administration and enforcement of this chapter and title."
SECTION   3.   Section 56-23-60 of the 1976 Code is amended to read:

"Section 56-23-60.   The Department of Motor Vehicles may establish minimum standards for the operation of driver training schools authorized to be licensed under the provisions of this chapter and prescribe conditions of operation of the schools. The minimum standards must include, but are not limited to, a requirement that driver training schools have or have access to sufficient facilities and equipment to conduct an eight-hour defensive driving course for a minimum of ten students. All activities and operations of licensed driver training schools are at all times subject to inspection or examination by authorized representatives of the department. In addition, records of these activities and operations must be made available at the permanent location in this State for review by the department upon its request."
SECTION   4.   Section 56-23-70 of the 1976 Code is amended to read:

"Section 56-23-70.   Driver instructor qualifying courses may be conducted by recognized college or university or driving school instructors who have successfully have completed an approved forty-hour safety education course from a recognized college or university and have acquired an instructor permit from the Department

"Section 56-23-80.   Temporary instructor permits may be issued after special examination by the Department of Motor Vehicles and upon payment of a ten twenty dollar fee to the Department department. Temporary instructor permits shall be are valid for six months and until the next available and approved qualifying class, but in no event shall such permits exceed one year. A temporary driver instructor's activities and instruction are subject to an audit of driving skills and classroom teaching by authorized representatives of the department. The proceeds from the sale of temporary instructor permits must be deposited in the state general fund."
SECTION   6.   Section 56-23-85 of the 1976 Code is amended to read:

"Section 56-23-85.   No A person connected with driver training schools or private, parochial, or public high schools shall not engage in behind the wheel training of persons to drive or operate motor vehicles either classroom only instruction, or behind the wheel only instruction, or both, unless such the person has obtained and holds a valid driver instructor permit or temporary driver instructor permit therefor issued by the Department of Motor Vehicles.

Appropriate examination for such a instructor permit shall must be at the discretion of the department. The annual fee for an instructor permit shall be is twenty dollars, and all such instructor permits shall expire on June thirtieth. Public and private high school instructors shall are not be required to pay a fee for a permit. The proceeds from the sale of instructor permits must be deposited in the state general fund."
SECTION   7.   Chapter 23, Title 56 of the 1976 Code is amended by adding:

"Section 56-23-100.   The Department of Motor Vehicles may promulgate regulations to carry out the provisions contained in this chapter."
SECTION   8.   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

Rep. OWENS explained the amendment.

Rep. RICE moved to adjourn debate on the Bill until Wednesday, May 17, which was agreed to.

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

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

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.
Ordered for consideration tomorrow.

The following was introduced:

H. 5135 (Word version) -- Reps. Moody-Lawrence, Delleney, Emory, Kirsh, McCraw, Norman, Simrill, McGee, 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, Duncan, Edge, 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, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McLeod, Merrill, Miller, Mitchell, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, 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 CONGRATULATE AND HONOR JOSEPHINE CASTLE OF YORK COUNTY FOR BEING THE FIRST AFRICAN AMERICAN WOMAN ELECTED TO YORK CITY COUNCIL AND TO OFFER HER THE GREATEST SUPPORT AS SHE BEGINS HER DUTIES TO REPRESENT THE PEOPLE OF DISTRICT 3 AND IMPROVE THE LIFE FOR ALL IN YORK.

The Resolution was adopted.

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

H. 5136 (Word version) -- Reps. Weeks, G. M. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin,

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to representatives of the Sumter High School baseball team, school administrators, and faculty, at a date and time to be determined by the Speaker, for the purpose of recognizing the baseball team for capturing the Class AAAA State Baseball Championship.

The Resolution was adopted.

The following was introduced:

H. 5137 (Word version) -- Reps. Haley and E. H. Pitts: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR HARRIET EASLER OF LEXINGTON COUNTY FOR HER OUTSTANDING COMMITMENT AND DEDICATION TO THE EDUCATION OF SOUTH CAROLINA'S YOUTH, AND TO WISH HER ALL THE

The Resolution was adopted.

The following was introduced:

H. 5138 (Word version) -- Reps. Weeks, G. M. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL BASEBALL TEAM OF SUMTER COUNTY ON ITS MOST IMPRESSIVE SEASON WINNING THE CLASS AAAA STATE BASEBALL CHAMPIONSHIP TITLE AND TO HONOR ITS PLAYERS AND THEIR COACH, BROOKS SHUMAKE, ON A SENSATIONAL SEASON.

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

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

H. 5139 (Word version) -- Reps. Emory and J. M. Neal: A BILL TO AMEND SECTION 7-7-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO ADD PETTUS PLACE AND POSSUM HOLLOW TO THE LIST OF VOTING PRECINCTS IN LANCASTER COUNTY.
On motion of Rep. EMORY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5140 (Word version) -- Reps. Rivers, Hagood, R. Brown and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-370 SO AS TO PROVIDE THAT WHEN A MUNICIPALITY ANNEXES PROPERTY IN A COUNTY THAT HAS A LAND USE OR ZONING POLICY, PLAN, REGULATION, OR ORDINANCE AND THE MUNICIPALITY DENSITY ALLOWANCE OR REGULATIONS ALLOW FOR A GREATER DENSITY THAN THE COUNTY ALLOWS, THEN THE COUNTY DENSITY REQUIREMENT MUST REMAIN IN EFFECT FOR FIVE YEARS AFTER THE ANNEXATION.
Referred to Committee on Judiciary

H. 5141 (Word version) -- Reps. Rivers, Hagood, R. Brown and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-380 SO AS TO PROVIDE THAT WHEN A MUNICIPALITY ANNEXES PROPERTY IN A COUNTY THAT HAS A LAND USE OR ZONING POLICY, PLAN, REGULATION, OR ORDINANCE, AND THE MUNICIPALITY DENSITY ALLOWANCE OR REGULATIONS ALLOW FOR A GREATER DENSITY THAN THE COUNTY ALLOWS, THEN THE DEPARTMENT OF TRANSPORTATION MAY NOT PROVIDE CURB CUTS, ENGINEERING SERVICES, OR ANY OTHER EXPENDITURE OF PUBLIC FUNDS TO FACILITATE THE DEVELOPMENT OF THE AREA ANNEXED.
Referred to Committee on Judiciary

The following Bill was taken up:

S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land, Bryant, O'Dell, Jackson, Cromer, Ford, Knotts and Setzler: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING AN AGRICULTURAL FACILITY OR OPERATION, ARE NULL AND VOID AND TO FURTHER DEFINE WHAT CONSTITUTES AN AGRICULTURAL OPERATION.

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 PRO TEMPORE sustained the Point of Order.

The following Bill was taken up:

S. 1208 (Word version) -- Senator Land: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF SHOOTING PRESERVES, SO AS TO REVISE THE MANNER OF THEIR ESTABLISHMENT, THE LEGAL SHOOTING PRESERVES SPECIES, AND OTHER PROVISIONS PERTAINING TO THE OPERATION OF SHOOTING PRESERVES.

Rep. RHOAD explained the Bill.

Rep. HAGOOD 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 PRO TEMPORE sustained the Point of Order.

The following Bill was taken up:

S. 1263 (Word version) -- Senators Ritchie, Peeler and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-165 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE EXPEDITED REVIEW PROGRAM TO PROVIDE A VOLUNTARY EXPEDITED PROCESS FOR REVIEW OF PERMIT APPLICATIONS; TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THE PROGRAM, INCLUDING EXPEDITED PROCESS APPLICATION FEES; TO CREATE A PILOT PROGRAM TO TEST AND EVALUATE THE ECONOMIC AND ADMINISTRATIVE BENEFITS OF A STATEWIDE REVIEW PROGRAM; AND TO CREATE AN EXPEDITED REVIEW FUND THROUGH THE IMPOSITION OF THE EXPEDITED PROCESS APPLICATION FEES AND TO PROVIDE FOR THE ADMINISTRATION AND USE OF THIS FUND.

Rep. HERBKERSMAN proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7429AHB06), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   __.   Chapter 9, Title 6 of the 1976 Code is amended by adding:

"Section 6-9-14.   A municipality or county may not charge a permit fee or require a permit for a wheelchair access ramp built with Medicare or Medicaid dollars as long as the construction is performed, overseen, or inspected by Americans with Disabilities Act inspector." /
Renumber sections to conform.
Amend title to conform.

Rep. HERBKERSMAN explained the amendment.

Rep. LOFTIS raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W. D. SMITH stated that the essence of the Bill related to expedited permitting for development of pilot

Rep. LITTLEJOHN 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 PRO TEMPORE sustained the Point of Order.

The following Bill was taken up:

S. 1346 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROVIDE PUBLIC NOTICE PRIOR TO THE ISSUANCE OF A CONSTRUCTION PERMIT FOR A FACILITY THAT STORES SLUDGE OR OTHER RESIDUALS AND THAT IS NOT LOCATED AT THE SITE OF AN EXISTING WASTEWATER OR SLUDGE TREATMENT FACILITY.

Rep. TRIPP 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 PRO TEMPORE sustained the Point of Order.

The following Bill was taken up:

S. 925 (Word version) -- Senators Pinckney and Ford: A BILL TO AMEND CHAPTER 61, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-61-25, RELATING TO PARTITIONS, SO AS TO GIVE ONE OR MORE OF THE JOINT TENANTS OR TENANTS IN COMMON THE RIGHT OF

Rep. TRIPP 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 PRO TEMPORE sustained the Point of Order.

Reps. DUNCAN and TAYLOR withdrew their requests for debate on S. 776 (Word version); however, other requests for debate remained on the Bill.

Rep. WALKER asked unanimous consent to recall H. 4894 (Word version) from the Committee on Education and Public Works.
Rep. SCARBOROUGH objected.

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

Rep. DUNCAN asked unanimous consent to recall H. 3753 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. BRANHAM objected.

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

Rep. WHITE moved to adjourn debate upon the Senate Amendments until Wednesday, May 17, which were agreed to.

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

H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E. H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, F. N. Smith, G. M. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-36-1110, 12-36-1120, AND 12-36-1130 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND AND RESERVE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, AND TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT; TO ADD SECTION 12-37-932 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX IS ITS FAIR MARKET VALUE AS APPRAISED IN THE MANNER PROVIDED BY LAW WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS MADE TO THE

Rep. SCOTT 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 PRO TEMPORE sustained the Point of Order.

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

H. 4450 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Haley, Chellis, E. H. Pitts, Townsend, Clark, Altman, Bailey, Bales, Bingham, Bowers, Brady, Cato, Ceips, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, Phillips, Pinson, M. A. Pitts, Rhoad, Sandifer, Scarborough, G. M. Smith, J. R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, W. D. Smith, Kirsh, Huggins, Hamilton, McGee and Stewart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; TO AMEND SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL

Rep. SCOTT 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 PRO TEMPORE sustained the Point of Order.

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

H. 4428 (Word version) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Edge, Haley, Hamilton, Harrison, Hayes, Herbkersman, Hiott, Howard, Huggins, Jefferson, Jennings, Kirsh, Leach, Limehouse, Mack, Merrill, McGee, J. H. Neal, Owens, Perry, Rice, Scarborough, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, G. M. Smith, J. R. Smith, Talley, Taylor, Thompson, Townsend, Vaughn, White, Witherspoon, Young, Anderson, Anthony, Battle, Funderburk, Govan, Martin, Miller, Walker, J. Brown, Clark, Branham, Bailey, Mahaffey, Scott,

Rep. CATO explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following Concurrent Resolution was taken up:

H. 5123 (Word version) -- Reps. G. M. Smith, Weeks, Coates, J. H. Neal and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 15 IN SUMTER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 378 TO ITS INTERSECTION WITH THE SUMTER/LEE COUNTY LINE THE "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY".

Whereas, retired South Carolina Supreme Court Chief Justice Ernest A. Finney, Jr., was born in Smithfield, Virginia; and

Whereas, Judge Finney earned a Bachelor of Arts degree from Claflin College in 1952, and a law degree from South Carolina State College's School of Law in 1954; and

Whereas, in 1960, Judge Finney moved his family to Sumter County and devoted himself to the full-time practice of law. He defended more than six thousand clients who were arrested for participating in sit-ins, freedom rides, and demonstrations; and

Whereas, because the legal system in South Carolina protected segregation, he lost almost every case that went to trial, but won all but two on appeal; and

Whereas, in 1972, he was elected to the South Carolina House of Representatives. In 1976, he was elected and qualified as Judge of the Third Judicial Circuit. In 1985, he was elected and qualified as an Associate Justice to the South Carolina Supreme Court. In 1994, he was elected as Chief Justice for the South Carolina Supreme Court where he served as the state's Chief Judicial Officer until he retired in 2000; and

Whereas, Judge Finney's other accomplishments include receiving: Honorary Doctor of Laws Degrees from The Citadel, Johnson C. Smith University, and Morris College; and a Doctor of Humane Letters from South Carolina State University; and

Whereas, it is fitting and proper to recognize the accomplishments of Judge Finney by having a highway in Sumter County named in his honor. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests that the Department of Transportation name the portion of United States Highway 15 in Sumter County from its intersection with United States Highway 378 to its intersection with the

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 motion period was dispensed with on motion of Rep. RHOAD.

Rep. MCLEOD moved to adjourn debate upon the following Joint Resolution until Wednesday, May 17, which was adopted:

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

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

The following was received from the Senate:

Columbia, S.C., May 16, 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. 4810:

H. 4810 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2006; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Very respectfully,
President

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

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

The following was received from the Senate:

Columbia, S.C., May 16, 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. 4812:

H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

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

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

The following was introduced:

H. 5142 (Word version) -- Reps. Harrell, Harrison, 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, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE DENNIS LEE OF CHARLESTON, PRESIDENT AND OWNER OF HENRY J. LEE DISTRIBUTORS, AND TO COMMEND HIM FOR HIS MANY AND VARIED CONTRIBUTIONS TO THE BEER INDUSTRY IN SOUTH CAROLINA.

The Resolution was adopted.

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5143 (Word version) -- Reps. McGee, Coates, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 1 ELECTED FROM SEATS 3, 6, AND 9 AT THE MAY 2006 ELECTION SHALL SERVE FOR TERMS TO EXPIRE ON DECEMBER 31, 2010, AFTER THEIR SUCCESSORS ELECTED AT THE NOVEMBER 2010 ELECTION QUALIFY AND TAKE OFFICE.
On motion of Rep. BRANHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

The Senate returned to the House with concurrence the following:

H. 5122 (Word version) -- Reps. Davenport, Townsend, Bailey, Mitchell, Anderson, Clyburn, Dantzler, Emory, Harvin, Hayes, Limehouse, McLeod, J. M. Neal, Ott, Owens and Skelton: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA CREDIT UNION LEAGUE AND SOUTH CAROLINA CREDIT UNIONS FOR THEIR SUPPORT AND PARTICIPATION IN THE NATIONAL CHILD IDENTIFICATION PROGRAM IN WHICH KITS ARE DISTRIBUTED THROUGH LOCAL SCHOOLS TO FAMILIES TO HELP ENSURE THE SAFE RETURN OF LOST AND MISSING CHILDREN.

H. 5129 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOME HIGH SCHOOL BOYS TRACK TEAM OF SPARTANBURG COUNTY ON CAPTURING THE 2006 AA STATE CHAMPIONSHIP AND TO HONOR ITS ATHLETES AND COACHES ON AN OUTSTANDING SEASON.

At 1:27 p.m. the House, in accordance with the motion of Rep. COTTY, adjourned in memory of Kris Hoffman of Columbia, to meet at 10:00 a.m. tomorrow.

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