Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 25:4: "Make me to know your ways, O Lord; teach me your paths."
Let us pray. Gracious God, keep us ever mindful that Your spirit rests upon us. Through You, these men and women serve the people. Use them as instruments of achieving the goals set before them. Keep our lawmakers from enacting laws that are marred by prejudice, favoritism, or inequity. Restrain them from acting hastily or reacting in vengeance. Give them courage and integrity. Bless our Nation, President, State and her leaders. Protect our defenders of freedom. Hear our prayer, O God. Amen.

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

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

Rep. KENNEDY moved that when the House adjourns, it adjourn in memory of former Representative C. Alexander Harvin III of Clarendon County, which was agreed to.

The following were received and referred to the appropriate committees for consideration:

Document No. 3036
Agency: South Carolina Lottery Commission
Statutory Authority: 1976 Code Section 59-150-70
Instant Games, Online Games
Received by Speaker of the House of Representatives
January 11, 2006

Document No. 3012
Agency: Department of Labor, Licensing and Regulation - Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists
Statutory Authority: 1976 Code Sections 40-1-40 and 40-75-60
Licensees, Ethics for Supervisors and Standards for Supervision
Received by Speaker of the House of Representatives
January 10, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 10, 2006

Document No. 2995
Agency: Department of Consumer Affairs
Statutory Authority: 1976 Code Section 37-7-101, et seq.
Fees and Charges of Consumer Credit Counseling Organization Licensees
Received by Speaker of the House of Representatives
January 10, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 10, 2006

Document No. 2996
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-1-320, and 4 U.S.C. Section 1, et seq.
Displaying the Flag
Received by Speaker of the House of Representatives
January 10, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration May 10, 2006

Document No. 2984
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-1-445, 59-5-60, 59-5-65, 59-25-110, 59-25-530, 59-26-40, 20-7-840
Denial, Revocation, and Suspension of Credentials
Received by Speaker of the House of Representatives
January 10, 2006

Document No. 3026
Agency: South Carolina Maritime Security Commission and Naval Militia
Statutory Authority: 1976 Code Section 54-17-50
Maritime Security Commission and Naval Militia
Received by Speaker of the House of Representatives
January 10, 2006
Referred to Judiciary Committee
Legislative Review Expiration May 10, 2006

Document No. 2999
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-25-110
Additional Areas of Certification
Received by Speaker of the House of Representatives
January 10, 2006
Referred to Education and Public Works Committee
Legislative Review Expiration May 10, 2006

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

H. 4395 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO STEFAN SHEALY, SOPHOMORE ON THE SPARTANBURG BROOME HIGH SCHOOL CROSS-COUNTRY TEAM, ON JANUARY 18, 2006, AT A TIME TO BE DETERMINED BY THE SPEAKER TO HONOR AND RECOGNIZE HIM FOR HIS ATHLETIC PROWESS AS A CROSS-COUNTRY STAR, CONGRATULATE HIM FOR HIS IMPRESSIVE WIN OF THE STATE CHAMPIONSHIP TITLE, AND EXTEND TO HIM THE BEST IN ALL HIS FUTURE ENDEAVORS.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to Stefan Shealy, sophomore on the Spartanburg Broome High School

The Resolution was adopted.

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

H. 4396 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE BROOME HIGH SCHOOL LADY CENTURIONS CROSS-COUNTRY TEAM, ITS COACHES, AND SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON CAPTURING THE A/AA STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACH, SKIP FRYE, ON AN EXCEPTIONAL SEASON.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Broome High School Lady Centurions Cross-Country Team, its coaches, and school officials at a date and time to be determined by the Speaker to congratulate them on capturing the A/AA State Championship Title and to honor the players and their coach, Skip Frye, on an exceptional season.

The Resolution was adopted.

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

H. 4397 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE CONTESTANTS OF THE 2006 MISS SOUTH CAROLINA PAGEANT ON APRIL 26, 2006, TO HONOR THEM FOR THEIR BEAUTY, POISE, AND

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the contestants of the 2006 Miss South Carolina Pageant on April 26, 2006, to honor them for their beauty, poise, and character and declare this day Miss South Carolina Day at the South Carolina State Capitol.

The Resolution was adopted.

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

H. 4398 (Word version) -- Rep. Sandifer: A HOUSE RESOLUTION TO HONOR THE CONTESTANTS OF THE 2006 MISS SOUTH CAROLINA PAGEANT FOR THEIR BEAUTY, POISE, AND CHARACTER AND TO DECLARE APRIL 26, 2006, AS MISS SOUTH CAROLINA DAY AT THE SOUTH CAROLINA STATE CAPITOL.

Whereas, the Miss South Carolina Pageant and the greater Miss America Pageant celebrate a rich history of providing personal and professional opportunities for the betterment of young women; and

Whereas, in July 2006, young women representing their counties and particular geographical areas all around the State will showcase their extraordinary talent, intelligence, and heart while competing for the title of Miss South Carolina; and

Whereas, the young women participating in the Miss South Carolina Pageant program, its sponsors and officials, should be commended for their hard work in presenting to all South Carolinians an evening of grace and true elegance; and

Whereas, the platform positions advocated by the young women and the many hours of service they have undertaken in furtherance of those positions have helped countless South Carolinians in truly remarkable ways; and

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, honor the contestants of the 2006 Miss South Carolina Pageant for their beauty, poise, and character and declare April 26, 2006, as Miss South Carolina Day at the South Carolina State Capitol.

Be it further resolved that a copy of this resolution be presented to the Miss South Carolina Pageant contestants on the House floor on April 26, 2006.

The Resolution was adopted.

The following was taken up for immediate consideration:

H. 4399 (Word version) -- Rep. Harrell: A HOUSE RESOLUTION TO PROVIDE THAT PURSUANT TO RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, CERTAIN MEMBERS OF THE STAFF OF THE GOVERNOR BY SPECIAL LEAVE OF THE HOUSE MAY BE ADMITTED IN THE OUTER DOORS OF THE CHAMBER AND ARE GRANTED THE PRIVILEGE OF THE HOUSE FLOOR DURING THE 2006 SESSION OF THE GENERAL ASSEMBLY.

Be it resolved by the House of Representatives:

That pursuant to Rule 10.1 of the Rules of the House of Representatives, the following members of the staff of the Governor by special leave of the House may be admitted in the outer doors of the Chamber and are granted the privilege of the House floor during the 2006 session of the General Assembly:

(1)   Rita Allison, legislative advisor;

(2)   Tom Davis, senior legislative advisor.

The Resolution was adopted.

The following was introduced:

H. 4400 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO WELCOME DR. BERNICE A. KING TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF THE 2006 MLK DREAM WEEKEND TO BE HELD IN THE CITY OF GREENVILLE, AND TO COMMEND DR. KING FOR HER EFFORTS TO CONTINUE THE LEGACY OF IMPROVING THE CONDITIONS OF ALL MANKIND THAT WAS CHAMPIONED BY HER FATHER DR. MARTIN LUTHER KING, JR. AND CONTINUES TO BE FORGED BY HER MOTHER CORETTA SCOTT KING.

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

The following was introduced:

H. 4401 (Word version) -- Reps. Kennedy, Harrell, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, 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,

Whereas, it is with heavy hearts that the members of the General Assembly begin the 2006 Legislative Session without their beloved colleague and friend, Alex Harvin; and

Whereas, a truly legendary and prolific figure in South Carolina State government, Mr. Harvin was the longest-serving member among the current members of the House of Representatives; and

Whereas, a devoted husband, son, and family man, Representative Harvin is survived by his loving wife Cathy Jane Brand Harvin, his daughter Mary Franklin Harvin, and his mother and sister; and

Whereas, truly passionate about government work and service to others, Alex Harvin started in politics early, serving as President of his class at Charleston Southern University in 1972 and as Chairman of the Charleston Southern University Young Democrats. He also was a lifetime member of Alpha Phi Omega National Service Fraternity; and

Whereas, during his career as a full-time legislator and businessman, Representative Harvin served as Chairman of the Clarendon County Democratic Party, the Majority Whip, and the Majority Leader; and

Whereas, his work did not go unnoticed by his colleagues and by South Carolina as a whole, as he was awarded the South Carolina Young Democrat Legislator of the Year Award, the South Carolina Association for the Deaf Legislator of the Year Award, and the Charleston Southern University 2000 Distinguished Alumni of the Year Award, among countless other accolades; and

Whereas, known for his strength and undying resolve to do what was best for Clarendon County and for all South Carolinians, Representative Harvin fully gave of himself until his dying day,

Whereas, the entire South Carolina General Assembly echoes Representative Jim Clyburn's remark that the loss of Alex Harvin "has left a void that will be difficult to fill"; and

Whereas, Representative Harvin will live on not through the legislation he tirelessly worked to create, nor through his many awards and accomplishments, but in the lives and hearts of the many people he touched as a legislator, community leader, and friend. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, express their profound sorrow on the occasion of the devastating loss of Representative Charles Alexander Harvin III of Clarendon County and extend their deepest sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Cathy Jane Brand Harvin.

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

The Senate sent to the House the following:

S. 1000 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO WELCOME THE REVEREND JESSE LOUIS JACKSON, SR. BACK TO HIS HOMETOWN AND TO THANK HIM FOR CONTINUING TO BE ONE OF THE NATION'S FOREMOST LEADERS FOR CIVIL RIGHTS, AND FOR WORKING TO BRIDGE THE GAP ACROSS RACE, CLASS, GENDER, AND BELIEF FOR NEARLY FOUR DECADES.

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

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

H. 4402 (Word version) -- Reps. G. R. Smith, Harrison, Leach, Barfield, Walker, J. R. Smith, Loftis, Haley, Martin, Hosey, Bannister, Cato, Hamilton, Haskins, D. C. Smith, Tripp and Vaughn: A BILL TO AMEND SECTION 56-1-2111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS PLACED ON THE DEPARTMENT OF MOTOR VEHICLES WHEN IT ISSUES A COMMERCIAL DRIVER'S LICENSE OR A COMMERCIAL SPECIAL LICENSE OR PERMIT WHICH INCLUDES A PROVISIONAL, ROUTE RESTRICTED HARDSHIP, OR TEMPORARY LICENSE THAT PERMITS A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING CERTAIN PERIODS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL NOT ISSUE ANY OF THESE FORMS OF LICENSES TO A PERSON WHO HAS BEEN CONVICTED AT LEAST TWO TIMES OF DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANOTHER ILLEGAL SUBSTANCE.
Referred to Committee on Education and Public Works

H. 4403 (Word version) -- Reps. Huggins, E. H. Pitts, Hamilton, Haskins, Leach, Rice and G. R. Smith: A JOINT RESOLUTION TO CREATE THE CARROLL CAMPBELL MONUMENT COMMISSION AND TO PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Referred to Committee on Ways and Means

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 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

H. 4405 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM TORT LIABILITY FOR MEMBERS OF PROFESSIONAL COMMITTEES FORMED TO MAINTAIN STANDARDS OF A STATE OR LOCAL PROFESSIONAL SOCIETY, SO AS TO INCLUDE THE SOUTH CAROLINA DETENTION ACCREDITATION COUNCIL IN THE DEFINITION OF "PROFESSIONAL SOCIETY".
Referred to Committee on Judiciary

H. 4406 (Word version) -- Reps. Townsend, Anthony, Breeland, J. Brown, Whipper, Walker, Scott, Littlejohn, Cobb-Hunter, Bales, Cotty, Anderson, McLeod, R. Brown, Frye, Harrell, Huggins, Battle, Rivers, Miller, Lucas, Clark, Altman, Agnew, Ballentine, Bowers, Brady, Branham, Ceips, Chellis, Clyburn, Coleman, Emory, Funderburk, Haley, Harrison, Hayes, J. Hines, Hiott, Hosey, Howard, Jefferson, Jennings,

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
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hodges
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  Merrill                Miller
J. M. Neal             Norman                 Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. M. Smith

G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Walker                 White                  Witherspoon
Young

I came in after the roll call and was present for the Session on Wednesday, January 11.

Jackie Hayes                      Walton McLeod
Bill Cotty                        Joseph Neal
Todd Rutherford                   Lonnie Hosey
Jerry Govan                       William Bowers
Thad Viers                        Anne Parks
William Clyburn                   Ralph Davenport
Denny Neilson                     Harold Mitchell
David Weeks
William Whitmire   Bessie Moody-Lawrence

Rep. DANTZLER 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 10.

Announcement was made that Dr. Richard Schmitt of Myrtle Beach 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. 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

Bill Number:   H. 3685 (Word version)
Date:   ADD:
01/11/06   ALTMAN

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/11/06   HAGOOD

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/11/06   CLARK

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/11/06   SINCLAIR

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/11/06   COTTY

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/11/06   RHOAD

Bill Number:   H. 4394 (Word version)
Date:   ADD:
01/11/06   SINCLAIR

Bill Number:   H. 3338 (Word version)
Date:   ADD:
01/11/06   CLARK

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/11/06   JEFFERSON

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/11/06   HINSON

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/11/06   G. BROWN

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/11/06   LIMEHOUSE

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/11/06   TOWNSEND

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/11/06   MILLER

Bill Number:   H. 4336 (Word version)
Date:   ADD:
01/11/06   WALKER

Bill Number:   H. 4319 (Word version)
Date:   ADD:
01/11/06   WALKER

Bill Number:   H. 4298 (Word version)
Date:   ADD:
01/11/06   WALKER

Bill Number:   H. 4292 (Word version)
Date:   ADD:
01/11/06   WALKER

Bill Number:   H. 4316 (Word version)
Date:   ADD:
01/11/06   FUNDERBURK

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/11/06   FUNDERBURK

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/11/06   JENNINGS

Bill Number:   H. 4316 (Word version)
Date:   ADD:
01/11/06   MCLEOD

Bill Number:   H. 4314 (Word version)
Date:   ADD:
01/11/06   MCLEOD

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

H. 4394 (Word version) -- Reps. W. D. Smith, Littlejohn, Mitchell, Mahaffey, Talley, Walker and Sinclair: A BILL TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED BY IT AS THE SPARTANBURG COMMUNITY COLLEGE.

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

S. 578 (Word version) -- Senators Martin and Ford: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION.

The following Bill was taken up:

H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, M. A. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty and Rhoad: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.

Rep. LOFTIS objected to the Bill.

Reps. DUNCAN, PERRY, MARTIN, BRADY, J. BROWN, SCOTT, PARKS, ANTHONY, HASKINS, G. M. SMITH and UMPHLETT requested debate on the Bill.

The Veto on the following Act was taken up:

(R137) S. 27 (Word version) -- Senators Leatherman and Elliott: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-36 SO AS TO PROVIDE FOR THE NOTIFICATION OF A MUNICIPALITY OR COUNTY BY THE TOURISM EXPENDITURE REVIEW COMMITTEE IF THE COMMITTEE FINDS AN EXPENDITURE TO BE IN

Rep. MCGEE explained the Veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Anderson               Bales
Barfield               Battle                 Branham
G. Brown               Clemmons               Coates
Cooper                 Funderburk             Hamilton
Harrell                J. Hines               M. Hines
Kirsh                  Leach                  Lucas
McGee                  McLeod                 Miller
Rhoad                  Rivers                 Rutherford
Simrill                G. R. Smith            J. E. Smith
Walker                 Weeks                  Witherspoon

Those who voted in the negative are:

Altman                 Anthony                Bailey
Ballentine             Bannister              Bingham
Brady                  Breeland               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Coleman                Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye

Govan                  Hagood                 Haley
Harrison               Haskins                Hayes
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Jennings
Limehouse              Littlejohn             Mack
Mahaffey               Martin                 McCraw
Merrill                Norman                 Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vaughn                 Vick
White                  Whitmire               Young

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

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.

Rep. WITHERSPOON moved to adjourn debate upon the Senate Amendments until Wednesday, January 25, which was agreed to.

The motion period was dispensed with on motion of Rep. J. R. SMITH.

The following Bill was taken up:

H. 3702 (Word version) -- Reps. J. R. Smith, Loftis, Hinson, G. R. Smith, Haskins, Barfield, Vaughn, Clark, Frye, Davenport, Viers, Haley, Altman, Bailey, Cato, Ceips, Chellis, Clemmons, Dantzler, Edge, Hagood, Hamilton, Harrell, Herbkersman, Huggins, Limehouse, Littlejohn, McGee, Merrill, Perry, E. H. Pitts, Rice, Sandifer, Scarborough, D. C. Smith, W. D. Smith, Talley, Tripp and Young: A BILL TO AMEND SECTION 59-67-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS FOR SCHOOL TRANSPORTATION SERVICES, SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH PRIVATE INDIVIDUALS OR CONTRACTORS FOR ITS TRANSPORTATION SERVICES AND TO PROVIDE THE FORMULA BY WHICH THE STATE BUDGET AND CONTROL BOARD SHALL CALCULATE STATE AID.

Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2640SJ05):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Section 59-67-460 of the 1976 Code is amended to read:

"Section 59-67-460.   (A)   Any county board of education A school district may at any time contract for any part or all of its transportation services with private individuals or contractors for the furnishing of such these services. In any such this instance the county board of education school district shall execute the contracts. The county board shall school district must be responsible for the payment of all sums due under contracts so entered into pursuant to this section and shall receive aid from the State for pupils thus transported only on the basis of the average per pupil operating cost of State-owned equipment for the current year as determined by the State Board of Education. as calculated by the State Budget and Control Board to include that district's proportional share of the current year's state appropriations of any money used for school transportation activities,

(B)   The Board board may enter into agreements an agreement with county boards of education a school district whereby pupils living in isolated areas may be transported by special arrangements when such transportation can be provided at lower cost than by operating a regular bus route."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. J. R. SMITH explained the amendment.
Rep. OTT spoke against the amendment.

Rep. OTT moved to adjourn debate on the Bill until Thursday, January 12, which was agreed to.

Rep. OTT moved to adjourn debate upon the following Bill until Wednesday, January 25, 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.

The following Bill was taken up:

S. 237 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-1-465 AND 56-1-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVIDING A PERSON WITH A NOTICE SUSPENDING HIS DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO REVISE THE NOTIFICATION PROCEDURE.

Rep. YOUNG moved to table the Bill, which was agreed to.

The following Bill was taken up:

S. 236 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD AND SUBMITTING A FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, OR USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.

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

Rep. J. BROWN moved to adjourn debate upon the following Bill until Wednesday, January 25, 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

Rep. SANDIFER moved to adjourn debate upon the following Bill until Tuesday, January 24, 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.

Rep. RHOAD moved to adjourn debate upon the following Bill until Tuesday, January 17, which was adopted:

H. 3591 (Word version) -- Reps. Brady, J. E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E. H. Pitts, M. A. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty and Rhoad: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF

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

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

H. 4379 (Word version) -- Reps. Cooper, Harrell, Ott, Young, Kirsh, Chalk, Lucas, Ballentine, Chellis, Hardwick, Jennings, Haley, G. R. Smith, Perry, Brady, Hinson, Battle, Hosey, Hayes, Toole, Neilson, J. H. Neal, Harrison, Clark, Cobb-Hunter, J. R. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Bannister, Barfield, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Clemmons, Clyburn, Coates, Coleman, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Hamilton, Haskins, Herbkersman, J. Hines, M. Hines, Hiott, Hodges, Howard, Huggins, Jefferson, Kennedy, Leach, Limehouse, Littlejohn, Loftis, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. M. Neal, Norman, Owens, Parks, 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, J. E. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire and Witherspoon: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF

On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Labor, Commerce and Industry:

H. 4345 (Word version) -- Reps. Huggins and Clyburn: A BILL TO AMEND SECTION 44-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT CONTRACT REQUIREMENTS FOR PHYSICAL FITNESS SERVICES, INCLUDING THE PROVISION THAT A CONTRACT IS NOT REQUIRED FOR HOURLY PERSONAL TRAINING, PRIVATE CONSULTATIONS, AND FITNESS TESTING UNLESS THEY ARE PART OF A PACKAGE OF OVER THREE HUNDRED DOLLARS, SO AS TO PROVIDE THAT THIS THREE HUNDRED DOLLAR LIMITATION MAY BE ADJUSTED FOR INFLATION.

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

The following was introduced:

H. 4407 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE DR. JAN H. POSTMA, ORTHOPEDIC SURGEON OF SPARTANBURG COUNTY, FOR HIS OUTSTANDING COMMITMENT TO THE FIELD OF MEDICINE AND HIS EXCEPTIONAL CONTRIBUTIONS TO THE LIVES OF HIS PATIENTS AND HIS COMMUNITY.

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

The following was introduced:

H. 4408 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND REIDVILLE ROAD IN SPARTANBURG COUNTY THE "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" IN HONOR OF A BRAVE AMERICAN SOLDIER WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 4409 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE OFFICE OF INFORMATION TECHNOLOGY OF THE STATE BUDGET AND CONTROL BOARD SHALL CONVENE AN INTERAGENCY TEAM OF INFORMATION TECHNOLOGY PROFESSIONALS TO DEVELOP PLANS FOR THE EFFICIENT AND EFFECTIVE USE OF INFORMATION TECHNOLOGIES BY HEALTH AND HUMAN SERVICES AGENCIES AND TO PROVIDE FOR THE MEMBERS AND DUTIES OF THE INFORMATION TECHNOLOGY TEAM.
Referred to Committee on Ways and Means

H. 4410 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS.
Referred to Committee on Judiciary

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

At 11:00 a.m. the House, in accordance with the motion of Rep. KENNEDY, adjourned in memory of former Representative C. Alexander Harvin III of Clarendon County, to meet at 10:00 a.m. tomorrow.

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