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


Printed Page 449 . . . . . Wednesday, January 25, 2006

Wednesday, January 25, 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 Joel 1:2: "Hear this, you elders; listen, all who live in the land."
Let us pray. O Lord, You have called, gathered, and enlightened us by Your word. Strengthen these men and women, that having been called by You they may do Your will. Give them wisdom, courage, and integrity that they may accomplish what You desire. May Your desire be their desire, to do justice, have mercy and walk humbly with You, O Lord of all. Bless our Nation, our President, our State and her leaders. Keep our defenders of freedom safe in Your loving care. Hear our prayer, O Lord. Amen.

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

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

MOTION ADOPTED

Rep. BARFIELD moved that when the House adjourns, it adjourn in memory of Robert Elvington of Conway, which was agreed to.

INVITATIONS

On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 450 . . . . . Wednesday, January 25, 2006

Dear Chairman Leach:
On behalf of the SC Governor's Council on Physical Fitness and the SC Coalition for Promoting Physical Activity, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 1, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Amy Splittgerber
Executive Director

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Assoc. of Nonprofit Organizations, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 1, 2006, from 12:30 p.m. until 2:00 p.m. at the Capital City Club.
Sincerely,
Alexa Booth
Public Affairs Manager

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Construction Industry Assoc., Carolinas AGC, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 1, 2006, from 6:00 p.m. until 8:00 p.m. at the Koger Center for the Arts.
Sincerely,
Stephen P. Gennett
President and CEO


Printed Page 451 . . . . . Wednesday, January 25, 2006

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the National Multiple Sclerosis Society Mid-Atlantic Chapter, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 2, 2006, from 8:00 a.m. until 9:30 a.m. in Room 221 of the Blatt Building.
Sincerely,
Krista Mysock
SC Program Manager

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Arts Alliance, the Members of the House of Representatives are invited to a luncheon. This event will be held on Tuesday, February 7, 2006, from 1:00 p.m. until 2:30 p.m. at the Capital City Club.
Sincerely,
Betty J. Plumb
Executive Director

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Funeral Directors Assoc., the Members of the House of Representatives are invited to a reception. This event will be


Printed Page 452 . . . . . Wednesday, January 25, 2006

held on Tuesday, February 7, 2006, from 6:00 p.m. until 8:00 p.m. at the Capital City Club.
Sincerely,
L. Martin Sauls III
President

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Assoc. of Probate Judges, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 7, 2006, from 8:00 p.m. until 9:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Ponda A. Caldwell
Second Vice President

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Self-Insurers Assoc., the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 8, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Mobashir Salahuddin
Executive Director

December 12, 2005
The Honorable Robert W. Leach, Sr.


Printed Page 453 . . . . . Wednesday, January 25, 2006

Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Athletic Trainers' Assoc., the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 8, 2006, at 12:00 noon or upon adjournment in Room 221 of the Blatt Building.
Sincerely,
Kent Atkins
President

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Mortgage Brokers Assoc., the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 8, 2006, from 6:00 p.m. until 8:00 p.m. at the Back Porch Café.
Sincerely,
Elizabeth Burda
President

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Governor's School for Science and Mathematics Foundation and the SC Governor's School for Arts and Humanities Foundation, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 9,


Printed Page 454 . . . . . Wednesday, January 25, 2006

2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Becky Askins-Weaver
Interim Director

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the American Legislative Exchange Council, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 14, 2006, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Gary Barrett
Director of Membership

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Title Loan Assoc., the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 15, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Nikki Hutchison

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 455 . . . . . Wednesday, January 25, 2006

Dear Chairman Leach:
On behalf of the SC Fraternal Order of Police, the Members and staff of the House of Representatives are invited to the dedication of the SC Law Enforcement Memorial. This event will be held on Wednesday, February 15, 2006, at 2:00 p.m. on the south side of the State House grounds.
Sincerely,
Mike Loftis
Memorial Chairman

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC School for the Deaf and the Blind, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 15, 2006, from 12:30 p.m. until 2:00 p.m. in Room 221 of the Blatt Building.
Sincerely,
Sheila S. Breitweiser, Ed.D.
President

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Credit Union League, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 15, 2006, from 6:30 p.m. until 8:00 p.m. at Seawell's.
Sincerely,
Garry L. Parks
President/CEO


Printed Page 456 . . . . . Wednesday, January 25, 2006

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC School Counselor Assoc., the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 16, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Carolyn Haley
Secretary

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Assoc. of Conservation Districts, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 21, 2006, from 6:00 p.m. until 8:30 p.m. at Seawell's.
Sincerely,
Mary Hill
Executive Director

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Nursery and Landscape Assoc., the Members of the House of Representatives are invited to a breakfast. This event will


Printed Page 457 . . . . . Wednesday, January 25, 2006

be held on Wednesday, February 22, 2006, from 8:00 a.m. until 9:15 a.m. in Room 221 of the Blatt Building.
Sincerely,
Donna Foster
Executive Director

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of AARP-South Carolina, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 22, 2006, from 12:00 noon until 2:00 p.m. on the State House grounds.
Sincerely,
Teresa Arnold
Legislative Director

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the Municipal Association of SC, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 22, 2006, from 6:00 p.m. until 7:00 p.m. at the Columbia Marriott Hotel.
Sincerely,
Elouise James
President

December 12, 2005
The Honorable Robert W. Leach, Sr.


Printed Page 458 . . . . . Wednesday, January 25, 2006

Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the March of Dimes, SC Chapter and the SC Perinatal Assoc., the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 23, 2006, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Karen Waldrop, RN
Director of Program Services

December 12, 2005
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the SC Bankers Assoc. and the Young Bankers Division, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 28, 2006, from 6:00 p.m. until 8:00 p.m. at The Marriott Hotel.
Sincerely,
E. Anne Gillespie
Senior Vice President

REPORTS OF STANDING COMMITTEES

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

H. 4470 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 78 AND UNITED STATES HIGHWAY 15 IN THE CITY OF ST. GEORGE THE "NELL BENNETT INTERCHANGE", AND ERECT APPROPRIATE SIGNS OR


Printed Page 459 . . . . . Wednesday, January 25, 2006

MARKERS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "NELL BENNETT INTERCHANGE".
Ordered for consideration tomorrow.

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

H. 4476 (Word version) -- Reps. Simrill, Delleney, Kirsh, Lucas, McCraw, Moody-Lawrence, J. M. Neal and Norman: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE INTERBASIN TRANSFER REQUEST BY THE CITIES OF CONCORD AND KANNAPOLIS, NORTH CAROLINA, TO REMOVE WATER FROM THE CATAWBA RIVER BASIN.
Ordered for consideration tomorrow.

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

H. 4480 (Word version) -- Reps. Brady, Cotty, Bales, Ballentine, J. Brown, Harrison, Howard, J. H. Neal, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND CLEMSON ROAD IN RICHLAND COUNTY THE "JOHN DAVID MONROE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN DAVID MONROE INTERCHANGE".
Ordered for consideration tomorrow.

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

H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY


Printed Page 460 . . . . . Wednesday, January 25, 2006

DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 9 TO CHAPTER 49, TITLE 33 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 19 TO CHAPTER 27, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; AND BY ADDING ARTICLE 5 TO CHAPTER 31, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY.
Ordered for consideration tomorrow on third reading, pursuant to Rule 9.2.

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

S. 868 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO RECOGNITION OF THE 2001 CSO MORTALITY TABLE FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES AND NONFORFEITURE BENEFITS, DESIGNATED AS REGULATION


Printed Page 461 . . . . . Wednesday, January 25, 2006

DOCUMENT NUMBER 2978, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

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

H. 4331 (Word version) -- Reps. Scarborough, Brady, Vaughn, Altman and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-13 SO AS TO PROHIBIT A PERSON FROM ACCEPTING MORE THAN ONE NOMINATION FOR THE SAME OFFICE.
Ordered for consideration tomorrow.

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

H. 4387 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-137 SO AS TO REQUIRE AN ELECTED OR APPOINTED MEMBER OF A POLITICAL SUBDIVISION OF THIS STATE BE PHYSICALLY PRESENT AT A MEETING WHEN HIS VOTE IS CAST.
Ordered for consideration tomorrow.

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

S. 185 (Word version) -- Senators Martin, McConnell, Alexander, Ford, Bryant and Knotts: A BILL TO AMEND SECTION 7-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; AND TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COMBINING THE OFFICIAL BALLOT FOR PRESIDENTIAL ELECTORS WITH ANY OTHER OFFICIAL BALLOTS.
Ordered for consideration tomorrow.


Printed Page 462 . . . . . Wednesday, January 25, 2006

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

H. 3166 (Word version) -- Reps. Taylor, Leach, Vaughn, Bailey, Scarborough and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-53 SO AS TO REQUIRE THE EXECUTIVE COMMITTEE OF A POLITICAL PARTY TO NAME A REPLACEMENT CANDIDATE AS SOON AS POSSIBLE AND TO PROVIDE IF THE REPLACEMENT CANDIDATE IS NOT NAMED WITHIN THIRTY DAYS, THE PARTY IS PROHIBITED FROM NAMING A REPLACEMENT CANDIDATE FOR THAT OFFICE.
Ordered for consideration tomorrow.

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

H. 3594 (Word version) -- Reps. Hagood, Altman, Battle, Delleney, Littlejohn, Scarborough and G. R. Smith: A BILL TO AMEND SECTION 4-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR THE COMMENCEMENT OF TERMS OF COUNTY OFFICERS, SO AS TO CLARIFY WHEN THE TERMS OF OFFICE BEGIN AND END AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO THOSE OFFICERS WHOSE TERMS OF OFFICE ARE SET BY ANOTHER PROVISION OF LAW.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4507 (Word version) -- Reps. J. Hines, Weeks, J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. 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, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee,


Printed Page 463 . . . . . Wednesday, January 25, 2006

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, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE, HONOR, AND COMMEND GREENWOOD NATIVE THE REVEREND DR. BENJAMIN J. GLOVER FOR HIS LIFETIME SERVICES AS A FATHER, PASTOR, EDUCATOR, AND COMMUNITY LEADER, AND TO CELEBRATE HIS NINETY-FIRST BIRTHDAY, AS WELL AS WISHING HIM MANY MORE TO COME IN THE FUTURE.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1067 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS L. BOCK, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, MARCH 7, 2006.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1068 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION WELCOMING MR. TOM JOYNER AND THE TOM JOYNER MORNING SHOW "SKY SHOW" TO THE CITY OF GREENVILLE, SOUTH CAROLINA ON FEBRUARY 3, 2006, AND THANKING HIM AND THE TOM JOYNER FOUNDATION FOR HIGHLIGHTING THE ACHIEVEMENTS OF AND PROVIDING


Printed Page 464 . . . . . Wednesday, January 25, 2006

FINANCIAL SUPPORT TO SOUTH CAROLINA'S HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1069 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY AT THE DEATH OF MRS. CAMILLE CUNNINGHAM SHARP OF ALLENDALE COUNTY AND TO EXTEND SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1076 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND COLUMBIA NATIVE DANIEL W. THOMPSON OF RICHLAND COUNTY FOR HIS LIFETIME SERVICES AND COMMITMENTS TO SOUTH CAROLINA, TO CELEBRATE HIS EIGHTY-SIXTH BIRTHDAY, AND WISH HIM MANY RETURNS OF THE DAY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1077 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short,


Printed Page 465 . . . . . Wednesday, January 25, 2006

J. V. Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF THE HONORABLE HYMAN S. RUBIN AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

INTRODUCTION OF BILLS

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

H. 4508 (Word version) -- Rep. Rutherford: A BILL TO REPEAL SECTION 56-1-745, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF A CONTROLLED SUBSTANCE VIOLATION.
Referred to Committee on Judiciary

H. 4509 (Word version) -- Reps. Kennedy, Harrison, Hosey, Scott, Moody-Lawrence, Clyburn, Hodges, Jefferson, Miller and Rivers: A BILL TO AMEND SECTION 20-7-945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF A LICENSE OF A PERSON WHO IS OUT OF COMPLIANCE WITH AN ORDER FOR CHILD SUPPORT, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PURSUANT TO THIS SECTION MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 4510 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 56, TITLE 44, TO ENACT THE "ELECTRONIC WASTE MANAGEMENT ACT" SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROMULGATE REGULATIONS IDENTIFYING ELECTRONIC DEVICES THAT ARE PRESUMED TO BE HAZARDOUS WASTE WHEN DISCARDED; TO


Printed Page 466 . . . . . Wednesday, January 25, 2006

ESTABLISH CONSUMER ELECTRONIC WASTE RECYCLING FEES ON THE PURCHASE OF THESE ELECTRONIC DEVICES, WHICH FEE MAY BE PAID BY THE RETAILER; TO REQUIRE THE MANUFACTURER OF THESE DEVICES TO NOTIFY RETAILERS OF THE FEES THAT MUST BE COLLECTED AT THE SALE OF THESE DEVICES; TO ESTABLISH THE ELECTRONIC WASTE RECOVERY AND RECYCLING FUND; TO ESTABLISH ELECTRONIC WASTE RECOVERY PAYMENTS TO BE PAID TO AUTHORIZED COLLECTORS OF ELECTRONIC WASTE TO OPERATE FREE ELECTRONIC WASTE COLLECTION, CONSOLIDATING, AND TRANSPORTING SYSTEMS; TO ESTABLISH ELECTRONIC WASTE RECYCLING PAYMENTS TO BE PAID TO RECYCLERS WHO RECEIVE ELECTRONIC WASTES FROM AUTHORIZED COLLECTORS; TO REQUIRE MANUFACTURERS OF ELECTRONIC DEVICES TO ANNUALLY REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON THE TYPE OF DEVICES SOLD THAT CONTAIN ELECTRONIC WASTE AND THE REDUCTION IN MANUFACTURING THESE DEVICES; TO REQUIRE MANUFACTURERS TO PROVIDE INFORMATION TO CONSUMERS DESCRIBING HOW AND WHERE TO RETURN, RECYCLE, AND DISPOSE OF ELECTRONIC DEVICES; TO ESTABLISH REPORTING REQUIREMENTS FOR THE EXPORTATION OF ELECTRONIC WASTE; TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS; TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH AND UPDATE STATEWIDE RECYCLING GOALS; TO ESTABLISH REQUIREMENTS FOR STATE PROCUREMENT OF ELECTRONIC DEVICES; AND TO PROVIDE THAT THIS ARTICLE MUST NOT BE IMPLEMENTED IF FEDERAL LAW TAKES EFFECT REGULATING ELECTRONIC WASTE OR IF A COURT ISSUES A JUDGMENT HOLDING THAT OUT-OF-STATE MANUFACTURERS OF ELECTRONIC DEVICES OR RETAILERS MAY NOT BE REQUIRED TO COLLECT THE ELECTRONIC WASTE FEE ESTABLISHED PURSUANT TO THIS ARTICLE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4511 (Word version) -- Reps. Kirsh, McGee and Coates: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 75 SO AS TO ENACT THE SOUTH


Printed Page 467 . . . . . Wednesday, January 25, 2006

CAROLINA SCHOOL FACILITIES INFRASTRUCTURE ACT, TO ESTABLISH THE SOUTH CAROLINA SCHOOL FACILITIES INFRASTRUCTURE AUTHORITY, AND TO PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES; TO AUTHORIZE THE AUTHORITY TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS TO FINANCE SCHOOL FACILITIES; TO ALLOW STATE APPROPRIATIONS, GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE FUND OF THE AUTHORITY; TO AUTHORIZE LENDING TO AND BORROWING BY SCHOOL DISTRICTS THROUGH THE AUTHORITY; AND TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS BY THE AUTHORITY TO BE USED FOR ITS STATED PURPOSES.
Referred to Committee on Ways and Means

H. 4512 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM AD VALOREM PROPERTY TAXES, SO AS TO REVISE THE EXEMPTION OF PROPERTY OF NONPROFIT HOUSING CORPORATIONS WHICH ARE DEVOTED TO PROVIDING HOUSING TO LOW OR VERY LOW INCOME RESIDENTS.
Referred to Committee on Ways and Means

H. 4513 (Word version) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M. A. Pitts: A BILL TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO THE APPROPRIATE TIME AFTER THE COMMITTEE HAS DETERMINED ITS RECOMMENDATIONS AND A FINAL REPORT OF THE COMMITTEE IS SUBMITTED TO THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary


Printed Page 468 . . . . . Wednesday, January 25, 2006

ROLL CALL

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

Agnew                  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
Cooper                 Dantzler               Delleney
Edge                   Emory                  Frye
Funderburk             Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hodges
Hosey                  Huggins                Jefferson
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Norman                 Ott
Owens                  Parks                  Phillips
Pinson                 M. A. Pitts            Rhoad
Rice                   Rivers                 Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Walker
Weeks                  Whipper                White
Whitmire               Witherspoon            Young


Printed Page 469 . . . . . Wednesday, January 25, 2006

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 25.

Karl Allen                        Creighton Coleman
Bill Cotty                        Edward H. "Ted" Pitts
Skipper Perry                     Becky Martin
Bessie Moody-Lawrence             James Merrill
Daniel Tripp                      Denny Neilson
G. Murrell Smith                  John Scott
Todd Rutherford                   Ralph Davenport
Fletcher Smith
Doug Jennings   Thad Viers

Total Present--119

STATEMENT OF ATTENDANCE

Rep. RUTHERFORD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 24.

LEAVE OF ABSENCE

The SPEAKER granted Rep. VICK a leave of absence for today and tomorrow to attend a conference regarding the Community Justice Grant awarded to the Fourth Circuit by the U.S. Department of Justice.

DOCTOR OF THE DAY

Announcement was made that Dr. Kenneth Hill of Union is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. MAHAFFEY presented to the House the James F. Byrnes High School "Rebels", the AAAA Division II Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Reps. HOSEY and RHOAD presented to the House the Jefferson Davis Academy "Raiders", the South Carolina Independent School Association Class A Champions, their coach and other school officials.


Printed Page 470 . . . . . Wednesday, January 25, 2006

CO-SPONSORS ADDED AND REMOVED

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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. 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."

CO-SPONSOR ADDED

Bill Number:   H. 3879 (Word version)
Date:   ADD:
01/25/06   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4165 (Word version)
Date:   ADD:
01/25/06   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4292 (Word version)
Date:   ADD:
01/25/06   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4296 (Word version)
Date:   ADD:
01/25/06   TOOLE


Printed Page 471 . . . . . Wednesday, January 25, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4301 (Word version)
Date:   ADD:
01/25/06   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4316 (Word version)
Date:   ADD:
01/25/06   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4328 (Word version)
Date:   ADD:
01/25/06   BANNISTER

CO-SPONSOR ADDED

Bill Number:   H. 4328 (Word version)
Date:   ADD:
01/25/06   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 4334 (Word version)
Date:   ADD:
01/25/06   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4346 (Word version)
Date:   ADD:
01/25/06   COATES

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   BATTLE

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   KENNEDY


Printed Page 472 . . . . . Wednesday, January 25, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   ANTHONY

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   ALLEN

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   MACK

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   ANDERSON

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   MOODY-LAWRENCE

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   MITCHELL

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   COLEMAN


Printed Page 473 . . . . . Wednesday, January 25, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   STEWART

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   RUTHERFORD

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   PARKS

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   J. H. NEAL

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   HOWARD


Printed Page 474 . . . . . Wednesday, January 25, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   CLYBURN

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   GOVAN

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   HODGES

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   COBB-HUNTER

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   HOSEY

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   J. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   M. HINES


Printed Page 475 . . . . . Wednesday, January 25, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   HIOTT

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/25/06   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4353 (Word version)
Date:   ADD:
01/25/06   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4366 (Word version)
Date:   ADD:
01/25/06   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 4429 (Word version)
Date:   ADD:
01/25/06   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 4448 (Word version)
Date:   ADD:
01/25/06   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4452 (Word version)
Date:   ADD:
01/25/06   OWENS


Printed Page 476 . . . . . Wednesday, January 25, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4465 (Word version)
Date:   ADD:
01/25/06   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4473 (Word version)
Date:   ADD:
01/25/06   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   DANTZLER

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   BINGHAM

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   FRYE

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   G. M. SMITH


Printed Page 477 . . . . . Wednesday, January 25, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   HODGES

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   CLYBURN

CO-SPONSOR ADDED

Bill Number:   H. 4488 (Word version)
Date:   ADD:
01/25/06   FUNDERBURK

CO-SPONSOR ADDED

Bill Number:   H. 4502 (Word version)
Date:   ADD:
01/25/06   JEFFERSON

CO-SPONSOR ADDED

Bill Number:   H. 4503 (Word version)
Date:   ADD:
01/25/06   JEFFERSON

CO-SPONSOR REMOVED

Bill Number:   H. 4502 (Word version)
Date:   REMOVE:
01/25/06   UMPHLETT

CO-SPONSOR REMOVED

Bill Number:   H. 4502 (Word version)
Date:   REMOVE:
01/25/06   HALEY


Printed Page 478 . . . . . Wednesday, January 25, 2006

CO-SPONSOR REMOVED

Bill Number:   H. 4502 (Word version)
Date:   REMOVE:
01/25/06   LIMEHOUSE

CO-SPONSOR REMOVED

Bill Number:   H. 4503 (Word version)
Date:   REMOVE:
01/25/06   UMPHLETT

CO-SPONSOR REMOVED

Bill Number:   H. 4503 (Word version)
Date:   REMOVE:
01/25/06   HALEY

CO-SPONSOR REMOVED

Bill Number:   H. 4503 (Word version)
Date:   REMOVE:
01/25/06   LIMEHOUSE

H. 4464--SENT TO THE SENATE

The following Bill was taken up:

H. 4464 (Word version) -- Reps. Hinson, Merrill, Dantzler and Limehouse: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF BERKELEY COUNTY, THE ELECTION OF ITS MEMBERS, AND THE AUTHORITY OF THE COUNTY BOARD OF EDUCATION TO PREPARE AN OPERATIONAL BUDGET AND SET THE NECESSARY TAX MILLAGE TO SUPPORT THE MILLAGE, SO AS TO PROVIDE THAT THE GOVERNING BODY OF BERKELEY COUNTY SHALL APPROVE BOTH THE BUDGET AND THE TAX MILLAGE NECESSARY TO FUND THE BUDGET.

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

The Bill was read the third time and ordered sent to the Senate by a division vote of 5 to 1.


Printed Page 479 . . . . . Wednesday, January 25, 2006

ORDERED TO THIRD READING

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

H. 4485 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE BOARD OF FIRE CONTROL FROM TWENTY THOUSAND DOLLARS TO THREE HUNDRED THOUSAND DOLLARS.

H. 4494 (Word version) -- Reps. Hosey and Rhoad: A BILL TO CREATE THE BARNWELL COUNTY BOARD OF ELECTION AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.

H. 4328--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 4328 (Word version) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J. H. Neal, Owens, E. H. Pitts, D. C. Smith, M. A. Pitts, Bailey, Littlejohn, Clyburn, Toole, Bannister and Loftis: 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 PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR


Printed Page 480 . . . . . Wednesday, January 25, 2006

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 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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22362SJ06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting works and inserting:
/   SECTION   1.   Computerized assessments allow for rapid reporting of assessment results and can provide for more accurate information regarding student achievement in a shorter period of time. To begin positioning South Carolina for delivery of state assessments by the computer, the Budget and Control Board shall issue a request for proposals for the purpose of conducting a study on the feasibility and cost of converting the state assessment program to a computer-based or


Printed Page 481 . . . . . Wednesday, January 25, 2006

computer-adaptive format. The study must include, but is not limited to, the following:

(1)   descriptions of state assessment programs which are computer based or computer adaptive;

(2)   a review of the literature on the comparability of scores obtained by examinees when assessments are administered by computer rather than paper and pencil;

(3)   a determination as to whether the conversion of the state assessment program to a computer-based or computer-adaptive format will satisfy the federal No Child Left Behind requirements;

(4)   recommendations regarding subject area assessments to be computer-based or computer-adaptive to include a recommendation regarding order of implementation;

(5)   feasibility of inclusion of constructed response items as part of the writing assessment and feasibility of movement of the writing assessment to a separate administration;

(6)   hardware, software, staffing, and training requirements at the state, district, and school level to administer a statewide computer-based or computer-adaptive assessment;

(7)   costs to the State of converting the state assessment program to a computer-based or computer-adaptive format;

(8)   current state, district, and school capacity, to include personnel, for administering a computer-based or computer-adaptive state assessment;

(9)   costs to bring the State, districts, and schools to needed capacity for delivery and maintenance of a computer-based or computer-adaptive state assessment;

(10)   issues regarding window of administration, test security, and need of a backup system for state, district, school, and classroom purposes;

(11)   delivery of results for schools and students and the ability to provide instructionally informative results to districts, schools, teachers, and parents;

(12)   advantages and disadvantages of converting the state assessment program to a computer-based or computer-adaptive assessment;

(13)   a reasonable implementation schedule; and

(14)   conclusions and recommendations.

The Education Oversight Committee, in conjunction with the State Department of Education, shall convene an advisory panel to serve in an advisory capacity throughout the study. The panel must include, but


Printed Page 482 . . . . . Wednesday, January 25, 2006

is not limited to, state and district instructional technology personnel, assessment personnel, and curriculum and instruction personnel. The panel also must include the following legislative members to serve ex-officio: President Pro Tempore of the Senate or his designee, Speaker of the House of Representatives or his designee, Chairman of the Senate Finance Committee or his designee, Chairman of the Ways and Means Committee of the House of Representatives or his designee, Chairman of the Senate Education Committee or his designee, and Chairman of the Education and Public Works Committee of the House of Representatives or his designee. The Budget and Control Board shall issue a report on the findings of the study no later than December 15, 2006, to the President Pro Tempore of the Senate, Speaker of the House of Representatives, and Chairmen of the Senate Finance, House Ways and Means, Senate Education, and House Education and Public Works Committees.
SECTION   2.A.   Section 59-18-120(10) of the 1976 Code is amended to read:

"(10)   'Objective and reliable statewide assessment' means assessments which that yield consistent results and which that measure the cognitive knowledge and skills specified in the state-approved academic standards and does do not include questions relative to personal opinions, feelings, or attitudes and is are not biased with regard to race, gender, or socioeconomic status. It is not intended that the The assessments be limited to true/false or must include a writing assessment and multiple-choice questions designed to reflect a range of cognitive abilities beyond the knowledge level. Constructive response questions may be included as a component of the writing assessment."
B.   Section 59-18-120 of the 1976 Code is amended by adding the following:

"(12)   'Formative assessment' means assessments used within the school year to analyze general strengths and weaknesses in learning and instruction, to understand the performance of students individually and across achievement categories, to adapt instruction to meet students' needs, and to consider placement and planning for the next grade level. Data and performance from the formative assessments must not be used in the calculation of school or district ratings."
SECTION   3.   Section 59-18-310 of the 1976 Code is amended to read:

"Section 59-18-310.   (A)   Notwithstanding any other provision of law, the State Board of Education, through the Department of Education, is required to develop or adopt a statewide assessment


Printed Page 483 . . . . . Wednesday, January 25, 2006

program to promote student learning and to measure student performance on state standards and:

(1)   identify areas in which students need additional support;

(2)   indicate the academic achievement for schools, districts, and the State; and

(3)   satisfy federal reporting requirements.; and

(4)   provide professional development to educators.

All Assessments required to be developed or adopted under pursuant to the provisions of this section or chapter must be objective and reliable.

(B)   The statewide assessment program in the four academic areas shall must include grades three through eight, an exit examination in English/language arts and mathematics, which is to be first administered in grade ten a student's second year of high school enrollment beginning with grade nine, and end-of-course tests for gateway courses awarded Carnegie units of credit in English/language arts, mathematics, science, and social studies for grades nine through twelve. Beginning with the graduating class of 2010, students are required to pass a high school credit course in science and a course in United States history in which end-of-course examinations are administered to receive the state high-school diploma.

(C)   While assessment is called for in the specific areas mentioned above, this should not be construed as lessening the importance of foreign languages, visual and performing arts, health, physical education, and career/ or occupational programs.

(D)   By December 31, 2006, the State Board of Education shall create a statewide adoption list of formative assessments aligned with the state content standards and satisfying professional measurement standards in accordance with criteria jointly determined by the Education Oversight Committee and the State Department of Education. The formative assessments must provide diagnostic information in a timely manner to all school districts for each student during the course of the school year. For use beginning with the 2007-08 school year, with funds appropriated by the General Assembly, local districts must be allocated resources to select and administer formative assessments from the statewide adoption list to use to improve student performance in accordance with district improvement plans.

(E)   The State Board of Education shall adopt a developmentally appropriate formative reading assessment for use in first and second grades to be administered initially in the 2007-08 school year. The assessment must provide opportunities for periodic formative


Printed Page 484 . . . . . Wednesday, January 25, 2006

assessment during the school year, reports that are useful for informing classroom instruction, strand, or significant groupings of standards level information about individual students, and must be compatible with best practices in reading instruction and reading research. The State Department of Education shall provide appropriate and on-going professional development to support appropriate use of the assessment.

(F)   The State Department of Education shall provide on-going professional development in the development and use of classroom assessments, the use of formative assessments and the use of the end-of-year state assessments so that teaching and learning activities are focused on student needs and lead to higher levels of student performance."
SECTION   4.   Section 59-18-320(B) of the 1976 Code is amended to read:

"(B)   After review and approval by the Education Oversight Committee, the standards-based assessment of mathematics, English/language arts, social studies, and science will be administered to all public school students to include those students as required by the 1997 reauthorization of the Federal Individuals with Disabilities Education Act and by Title 1 at the end of grades three through eight. To reduce the number of days of testing, to the extent possible, field test items must be embedded with the annual assessments. In accordance with the requirements of the federal No Child Left Behind Act, science assessments must be administered annually to all students in one elementary and one middle school grade. The State Department of Education shall develop a sampling plan to administer science and social studies assessments to all other elementary and middle school students. The plan shall provide for all students and both content areas to be assessed annually, however, individual students, except in census testing grades, are not required to take both tests. The exit examination in these four academic areas will must be administered for the first time at the end of grade ten the student's second year of high school enrollment beginning with grade nine. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities. The State Board of Education shall establish a task force to recommend alternative evidence and procedures that may be used to allow students to meet graduation requirements even if they have failed


Printed Page 485 . . . . . Wednesday, January 25, 2006

the exit examination. The alternative evidence only may be used in the rare instances where there is compelling evidence that a student is well-qualified for graduation, but extreme circumstances have interfered with passage of the exit examination and, for that reason alone, the student would be denied a state high school diploma."
SECTION   5.   Section 59-18-330 of the 1976 Code is amended to read:

"Section 59-18-330.   The State Board of Education, through the State Department of Education, shall develop, select, or adapt a first-grade readiness test which that is linked to the adopted grade-one academic standards and a second-grade readiness test which that is linked to the adopted grade-two academic standards. The first administration of this test must occur no later than the 2000-2001 school year. The purpose of the tests is to measure individual student readiness, and they are not to be used as an accountability measure at the state level. However, the grade-two readiness test will serve as the baseline for grade-three assessment. The State Department of Education shall provide continuing teacher training to ensure the valid and reliable use of the assessments and develop a minimum statewide data collection plan to include the amount and types of evidence to be collected. Beginning with the 2006-07 school year, the readiness assessment must be modified to provide detailed information on student literacy development."
SECTION   6.   Section 59-18-340 of the 1976 Code is amended to read:

"Section 59-18-340.   The State Board of Education, following the recommendations of the Accountability Division of the Education Oversight Committee, is directed to select a norm referenced test administer annually the National Assessment of Education Progress (NAEP) to obtain an indication of student and school performance relative to national performance levels. The test must be administered annually to a statistically valid random sample of students in at least three grades from grades three through eleven. The Oversight Committee shall determine an appropriate sampling plan for the norm referenced test that must be administered beginning in the 1998-1999 school year."
SECTION   7.   Section 59-18-360 of the 1976 Code is amended to read:

"Section 59-18-360.   (A)   The State Board of Education, in consultation with the Education Oversight Committee, shall provide for a cyclical review by academic area of the state standards and


Printed Page 486 . . . . . Wednesday, January 25, 2006

assessments to ensure that the standards and assessments are maintaining high expectations for learning and teaching. All academic areas must be initially reviewed by the year 2005. At a minimum, each academic area should be reviewed and updated every seven years. After each academic area is reviewed, a report on the recommended revisions must be presented to the Education Oversight Committee for its consideration. After approval by the Education Oversight Committee, the recommendations may be implemented. As a part of the review, a task force of parents, business and industry persons, community leaders, and educators, to include special education teachers, must shall examine the standards and assessment system to determine rigor and relevancy.

(B)   Beginning with the 2005 assessment results, the State Department of Education annually shall convene a team of curriculum experts to analyze the results of the assessments, including performance item by item. This analysis must yield a plan for disseminating additional information about the assessment results and instruction and the information must be disseminated to districts not later than January fifteenth of the subsequent year."
SECTION   8.   Section 59-18-1595 of the 1976 Code is amended to read:

"Section 59-18-1595.   Notwithstanding any other provision of law, and in order to provide assistance at the beginning of the school year, schools may qualify for technical assistance based on the criteria established by the Education Oversight Committee for school ratings and on the most recently available PACT end-of-year assessment scores. In order to best meet the needs of low-performing schools, the funding provided for technical assistance under the Education Accountability Act may be reallocated among the programs and purposes specified in this section. The State Department of Education shall establish criteria for reviewing and assisting schools that will be rated unsatisfactory using a tiered system with the lowest-performing schools receiving highest priority. Not to exceed the statewide total number of specialists stipulated by the Education Accountability Act, the highest priority school assistance shall include a year-long technical assistance team that may include a lead principal or curriculum specialist, or both. All specialists shall have a demonstrated record of success in their field and shall be entitled to the incentives and benefits of a teacher specialist. Technical assistance for below average schools shall be provided to the extent possible in order of need. The State Department of Education shall provide information on the technical


Printed Page 487 . . . . . Wednesday, January 25, 2006

assistance strategies and their impact to the State Board of Education, the Education Oversight Committee, the Senate Education Committee, the Senate Finance Committee, the House of Representatives Education and Public Works Committee, and the House of Representatives Ways and Means Committee annually."
SECTION   9.   Section 59-28-200 of the 1976 Code is amended to read:

"Section 59-28-200.   The Education Oversight Committee and the State Superintendent of Education shall develop and publish jointly informational materials for distribution to all public school parents and to teachers. The informational materials for distribution shall include:

(1)   an explanation of the grade-level academic content standards and advice on how parents can help their children achieve the standards and the relationship of the standards to the Palmetto Achievement Challenge Tests (PACT) state assessments; and

(2)   printed information about the standards and advice relative to parental involvement in their children's education for visible display and use in every public school K-12 classroom."
SECTION   10.   Chapter 30 of Title 59 of the 1976 Code is repealed.
SECTION   11.   This act takes effect upon approval by the Governor.     /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.
Rep. WALKER spoke in favor of the amendment.

The amendment was then adopted.

Rep. E. H. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\6656MM06), which was tabled:
Amend the bill, as and if amended, Section 59-18-320(B) as found in SECTION 4 on page 6 by deleting lines 17 through 27 and inserting:
/ three through eight. To reduce the number of days of testing, to the extent possible, field test items must be embedded with the annual assessments and the State Department of Education shall develop a sampling plan to administer social studies assessments to all elementary and middle school students. The exit /
Renumber sections to conform.
Amend title to conform.


Printed Page 488 . . . . . Wednesday, January 25, 2006

Rep. E. H. PITTS explained the amendment.

Rep. WALKER spoke against the amendment.

Rep. TOWNSEND moved to table the amendment.

Rep. E. H. PITTS demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 44 to 21.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.

S. 145--NON-CONCURRENCE IN SENATE AMENDMENTS

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

S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.

The House refused to agree to the Senate amendments and a message was ordered sent accordingly.

H. 4484--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4484 (Word version) -- Reps. Harrell, Umphlett, Leach, Rice, Brady, Vaughn, Coates, Hagood, Sinclair, Haley, Talley, Stewart, Toole, Duncan, Clark, Bailey, Hinson, Mahaffey, Merrill, G. R. Smith, J. R. Smith, Walker and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO INVENTORY AND STUDY ALL FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IN THIS STATE FUNDED IN


Printed Page 489 . . . . . Wednesday, January 25, 2006

WHOLE OR IN PART WITH FEDERAL, STATE, OR LOCAL PUBLIC FUNDS; TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO DETERMINE THE NECESSARY REQUIREMENTS TO IMPLEMENT A FULL DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAM IN EACH OF THE EIGHT PLAINTIFF SCHOOL DISTRICTS IN THE CASE OF ABBEVILLE COUNTY SCHOOL DISTRICT, ET AL., V. STATE OF SOUTH CAROLINA, ET AL. FOR ALL CHILDREN WHO QUALIFY FOR FREE OR REDUCED PRICED LUNCH AND IN ADDITION TO IMPLEMENT A STATEWIDE FULL DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAM FOR ALL CHILDREN WHO QUALIFY FOR A FREE OR REDUCED PRICE LUNCH; TO REQUEST THE EDUCATION OVERSIGHT COMMITTEE TO COLLABORATE WITH THE OFFICE OF FIRST STEPS TO SCHOOL READINESS IN PERFORMING THESE STUDIES; AND TO SUBMIT THESE REQUESTED STUDIES TO EACH HOUSE OF THE GENERAL ASSEMBLY BY MARCH 15, 2006.

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

That the General Assembly hereby requests the Education Oversight Committee to undertake the following:

(1)   to inventory and study all four-year-old kindergarten programs in this State funded in whole or in part with federal, state, or local public funds. The study shall include, but not be limited to:

(a)   a determination of the success of each program using evaluative measures determined or developed by the committee;

(b)   an analysis of the funding mechanisms of each program and their sufficiency, impact, availability, and correlation;

(c)   other information relative to the provision or operation of four-year-old kindergarten programs as the committee deems appropriate.

(2)   to determine the necessary requirements to implement a full day four-year-old kindergarten program in each of the eight plaintiff school districts in the case of Abbeville County School District, et al., v. State of South Carolina, et al. for all children who qualify for free or reduced priced lunch;

(3)   to determine the necessary requirements to implement a statewide full day four-year-old kindergarten program for all children who qualify for free or reduced price lunches;


Printed Page 490 . . . . . Wednesday, January 25, 2006

(4)   to collaborate with the Office of First Steps to School Readiness in performing the studies provided in subsections (1), (2), and (3); and

(5)   to submit the requested studies to each house of the General Assembly by March 15, 2006.

Be it further resolved that a copy of this resolution be forwarded to the Education Oversight Committee and the Office of First Steps to School Readiness.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

S. 138--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Wednesday, February 8, which was adopted:

S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.

H. 3630--DEBATE ADJOURNED

Rep. WHIPPER moved to adjourn debate upon the following Bill until Tuesday, February 21, which was adopted:

H. 3630 (Word version) -- Reps. Whipper, Martin, J. H. Neal, Govan, Anderson, Bales, Barfield, Breeland, G. Brown, J. Brown, Clyburn, Davenport, Hardwick, M. Hines, Jefferson, Lee, Mack, Moody-Lawrence, Rutherford and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-25 SO AS TO REQUIRE A HOSPITAL TO GIVE PATIENTS BEING DISCHARGED FROM THE EMERGENCY ROOM, THE OPTION OF RECEIVING AT LEAST A TWENTY-FOUR HOUR SUPPLY OF ANY MEDICATIONS BEING PRESCRIBED.


Printed Page 491 . . . . . Wednesday, January 25, 2006

S. 490--DEBATE ADJOURNED

Rep. OTT moved to adjourn debate upon the following Bill until Tuesday, January 31, which was adopted:

S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 4514 (Word version) -- Reps. Ceips, Witherspoon, Hardwick, Barfield, Hagood, Martin, Rutherford and Scarborough: A BILL TO AMEND SECTION 50-5-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFORMATION OR REPORTS BY A LICENSEE OR PERMITTEE AUTHORIZED TO TAKE SALTWATER FISHERY PRODUCTS FOR COMMERCIAL OR SCIENTIFIC PURPOSES AND THE CONFIDENTIALITY OF CERTAIN INFORMATION, SO AS TO PROVIDE THAT ALL RECORDS ASSOCIATED WITH LEASES GRANTED FOR SHELLFISH BOTTOMS, INCLUDING, BUT NOT LIMITED, TO CATCH AND EARNINGS DATA, IS SUBJECT TO PUBLIC DISCLOSURE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


Printed Page 492 . . . . . Wednesday, January 25, 2006

H. 4515 (Word version) -- Reps. Parks, Clyburn, McLeod, Agnew, Frye, Hodges, Pinson, M. A. Pitts and Taylor: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 63 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE SPECIAL MOTOR VEHICLE LICENSE PLATES TO THE MEMBERS OF THE GLEAMNS HUMAN RESOURCES COMMISSION FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM.
Referred to Committee on Education and Public Works

H. 4516 (Word version) -- Reps. J. E. Smith and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 6, TITLE 23 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ESTABLISH A STATEWIDE PLANNING AND MAPPING SYSTEM FOR THE PUBLIC BUILDINGS IN THE STATE FOR USE BY RESPONSE AGENCIES THAT ARE CALLED UPON TO RESPOND TO AN ACT OF TERRORISM OR A RELATED EMERGENCY.
Referred to Committee on Judiciary

H. 4517 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO INCLUDE IN ITS JURISDICTION A FINAL DECISION OF AN AGENCY OR OF AN ADMINISTRATIVE LAW JUDGE IF PROVIDED BY LAW; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN


Printed Page 493 . . . . . Wednesday, January 25, 2006

ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41, RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
Referred to Committee on Judiciary

H. 4518 (Word version) -- Reps. Chellis, Witherspoon, Bailey, Young, Cotty, Clark, Battle, Branham, Chalk, Clyburn, Dantzler, Delleney, Harrell, Harrison, Haskins, Hinson, Leach, Littlejohn, Miller, Owens, Sinclair, G. R. Smith, J. R. Smith, Thompson, Umphlett and Walker: A BILL TO AMEND SECTION 12-37-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF A NEW STRUCTURE ON LAND, SO AS TO PROVIDE THAT A COUNTY MAY ALLOW BY ORDINANCE A LANDOWNER TO REPORT THE NEW STRUCTURE TO THE COUNTY AUDITOR AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED.
Referred to Committee on Ways and Means

H. 4519 (Word version) -- Reps. Pinson, Clark, Coleman and Toole: A BILL TO AMEND SECTION 56-5-6530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE NOT REQUIRED TO WEAR A SAFETY BELT WHILE TRAVELING IN A MOTOR VEHICLE ALONG A PUBLIC STREET OR HIGHWAY, SO AS TO ADD NEWSPAPER CARRIERS TO THE LIST OF PERSONS WHO ARE NOT REQUIRED TO WEAR A SAFETY BELT.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

The following was introduced:

H. 4520 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG HIGHWAY 19 THAT CROSSES SOUTH CAROLINA HIGHWAY 22 IN HORRY COUNTY THE "LEWIS A. SINGLETON BRIDGE" AND TO ERECT APPROPRIATE MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LEWIS A. SINGLETON BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 494 . . . . . Wednesday, January 25, 2006

H. 4328--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

H. 4328 (Word version) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J. H. Neal, Owens, E. H. Pitts, D. C. Smith, M. A. Pitts, Bailey, Littlejohn, Clyburn, Toole, Bannister and Loftis: 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 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


Printed Page 495 . . . . . Wednesday, January 25, 2006

ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND 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.

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

Yeas 105; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Altman
Anderson               Bailey                 Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               R. Brown               Cato
Chalk                  Chellis                Clyburn
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Frye                   Funderburk             Hagood
Hamilton               Hardwick               Harrell
Haskins                Herbkersman            J. Hines
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry

Printed Page 496 . . . . . Wednesday, January 25, 2006

Phillips               Pinson                 E. H. 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                 Walker
Weeks                  Whipper                White
Whitmire               Witherspoon            Young

Total--105

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 4446--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, January 31, which was adopted:

H. 4446 (Word version) -- Reps. Kennedy, Jennings, Lucas, Hayes, Rhoad, Hodges and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAXES OR INSURANCE PREMIUM TAXES TO A TAXPAYER THAT MAKES AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE AND CREATES JOBS IN THE MORATORIUM COUNTY OR TO ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO PROVIDE FOR A FIFTEEN-YEAR


Printed Page 497 . . . . . Wednesday, January 25, 2006

MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, AND TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4500 (Word version) -- Reps. Huggins and Hamilton: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, JANUARY 25, 2006, AS "SOUTH CAROLINA HOMEOWNERSHIP DAY" IN ORDER TO RECOGNIZE AND HONOR THE SOUTH CAROLINA ASSOCIATION OF REALTORS AND THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

ADJOURNMENT

At 11:40 a.m. the House, in accordance with the motion of Rep. BARFIELD, adjourned in memory of Robert Elvington of Conway, to meet at 10:00 a.m. tomorrow.

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