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


Printed Page 95 . . . . . Thursday, January 12, 2006

Thursday, January 12, 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 Psalm 25:1-2a: "To you, O Lord, I lift up my soul. O my God, in you I trust."
Let us pray. Almighty God, as we put our trust in You, may this body be guided by Your spirit. May each person seek to know and do Your will in serving the people of this great State. Give them courage in times of crisis and hard decision making. Give them integrity in their dealings. Bless our Nation, our President, our State and her leaders. Protect and keep safe 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.

MOTION ADOPTED

Rep. DAVENPORT moved that when the House adjourns, it adjourn in memory of Jo Ann Marie Plummer of Boiling Springs, which was agreed to.

REGULATIONS RECEIVED

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

Document No. 3030
Agency: Department of Labor, Licensing and Regulation - Board of Nursing
Statutory Authority: 1976 Code Sections 40-1-70, 40-33-10(E), and 40-33-10(1)
Supervising Licensees
Received by Speaker of the House of Representatives


Printed Page 96 . . . . . Thursday, January 12, 2006

January 11, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2006

Document No. 3035
Agency: Department of Labor, Licensing and Regulation - Board of Nursing
Statutory Authority: 1976 Code Sections 40-1-70, 40-33-1335(4), and 40-33-1345(C)
Nurse Licensure Compact
Received by Speaker of the House of Representatives
January 11, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2006

Document No. 3031
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry
Statutory Authority: 1976 Code Sections 40-1-40, 40-15-40, 40-15-140, and 40-15-275
License to Practice Dentistry
Received by Speaker of the House of Representatives
January 11, 2006
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2006

HOUSE RESOLUTION

The following was introduced:

H. 4412 (Word version) -- Rep. Davenport: A HOUSE RESOLUTION TO AMEND RULE 6.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE ORDER OF BUSINESS OF THE HOUSE, SO AS TO REQUIRE THE SOUTH CAROLINA PLEDGE BE RECITED IMMEDIATELY FOLLOWING THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
The Resolution was ordered referred to the Committee on Rules.


Printed Page 97 . . . . . Thursday, January 12, 2006

CONCURRENT RESOLUTION

The following was introduced:

H. 4413 (Word version) -- Reps. Hiott, Rice, Owens and Skelton: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 178 AND SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY THE "WOODROW BEAL 'WOODIE' CHASTAIN BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "WOODROW BEAL 'WOODIE' CHASTAIN BRIDGE" AS A LASTING MEMORIAL TO THIS SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE IN DEFENSE OF HIS COUNTRY DURING THE VIETNAM WAR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 4414 (Word version) -- Reps. 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, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE


Printed Page 98 . . . . . Thursday, January 12, 2006

OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 18, 2006, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

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

That His Excellency, Marshall Clement (Mark) Sanford, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 18, 2006, in the Chamber of the South Carolina House of Representatives.

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

INTRODUCTION OF BILLS

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

H. 4415 (Word version) -- Rep. Davenport: A BILL TO PROVIDE THAT SPARTANBURG COUNTY SCHOOL DISTRICT TWO IS DIRECTED TO TRANSFER A NINE ACRE TRACT OF LAND IN SPARTANBURG COUNTY TO THE BOILING SPRINGS FIRE DISTRICT AND TO PROVIDE THE TERMS AND CONDITIONS OF THE TRANSFER.
On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4416 (Word version) -- Reps. Merrill, Scarborough, Altman, Hagood, Harrell, Limehouse and Young: A BILL TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT HIRE A CONTRACT LOBBYIST USING PUBLIC OR TAXPAYER FUNDS.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4417 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-915 SO AS TO AUTHORIZE THE STATE ELECTION


Printed Page 99 . . . . . Thursday, January 12, 2006

COMMISSION TO ESTABLISH A PILOT PROGRAM FOR THE PURPOSE OF TESTING THE ESTABLISHMENT OF VOTE CENTERS WHERE A REGISTERED ELECTOR IN A COUNTY MAY VOTE REGARDLESS OF THE PRECINCT IN WHICH THE ELECTOR RESIDES.
Referred to Committee on Judiciary

H. 4418 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD THE UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN THE PRESENCE OF A CHILD TO THE LIST OF GROUNDS FOR WHICH THE FAMILY COURT MAY ORDER TERMINATION OF PARENTAL RIGHTS; AND TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, MANUFACTURE, AND TRAFFICKING IN METHAMPHETAMINE AND COCAINE BASE, SO AS TO CREATE THE OFFENSE OF UNLAWFUL MANUFACTURE OF METHAMPHETAMINE IN THE PRESENCE OF A CHILD AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary

H. 4419 (Word version) -- Reps. Townsend, Cooper, White, Thompson, Agnew and Martin: A BILL TO AMEND SECTION 12-45-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TAX RECEIPTS BY A COUNTY TREASURER UPON FULL PAYMENT OF THE TAXES AND CHARGES DUE, SO AS TO PROVIDE THAT A COUNTY TREASURER MAY ACCEPT A LESSER AMOUNT THAN THE ORIGINAL TAX BILL TOGETHER WITH ANY APPLICABLE PENALTIES, COSTS, AND CHARGES WHENEVER A BANKRUPTCY PROCEEDING AUTHORIZES A LESSER AMOUNT TO BE PAID, AND TO PROVIDE THAT THE AUDITOR MAY PREPARE A TAX BILL TO AUTHORIZE NEGOTIATED TAXES AS A RESULT OF A BANKRUPTCY.
On motion of Rep. TOWNSEND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4420 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 1, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF PROFESSIONAL


Printed Page 100 . . . . . Thursday, January 12, 2006

AND OCCUPATIONAL LICENSING BOARDS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO, AMONG OTHER THINGS, DEFINE ADDITIONAL TERMS, TO UPDATE THE BOARDS ADMINISTERED BY THE DEPARTMENT, TO PROVIDE THAT BOARDS ADMINISTERED BY THE DEPARTMENT MUST INCLUDE TWO OR MORE PUBLIC MEMBERS AND PROVIDE THE RIGHTS AND RESPONSIBILITIES OF PUBLIC MEMBERS, TO REVISE PROCEDURES FOR HIRING PERSONNEL TO ADMINISTER BOARD LICENSING RESPONSIBILITIES, TO REVISE PROCEDURES FOR THE ANALYSIS AND ADJUSTMENT OF BOARD FEES, TO PROVIDE THAT THE DEPARTMENT ISSUES PRACTICE AUTHORIZATIONS BASED UPON CRITERIA AND ELIGIBILITY DETERMINED BY A BOARD AND TO FURTHER SPECIFY THE AUTHORITY OF BOARDS AND THE DEPARTMENT WITH REGARD TO THE ISSUANCE, DENIAL, AND REVOCATION OF PRACTICE AUTHORIZATIONS, TO PROVIDE THAT BOARD MEMBERS MUST BE APPOINTED BY THE GOVERNOR, SERVE AT THE PLEASURE OF THE GOVERNOR, AND MAY NOT SERVE AS AN OFFICER OR A DIRECTOR OF AN ASSOCIATION WHOSE MEMBERS ARE REGULATED BY THE BOARD ON WHICH THE MEMBERS SERVE, TO PROVIDE THE DUTIES OF THE CHAIRMAN OF A BOARD, TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF REGULATORY BOARDS, TO PROVIDE CRITERIA AND PROCEDURES FOR THE ISSUANCE OF EMERGENCY LIMITED LICENSE TO PRACTITIONERS FROM A STATE THAT HAS BEEN DECLARED AN EMERGENCY DISASTER, TO FURTHER PROVIDE FOR DISCIPLINARY PROCEEDINGS AND AVAILABLE REMEDIES, TO AUTHORIZE THE DEPARTMENT TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK FOR OBTAINING A PRACTICE AUTHORIZATION OR IN AN INVESTIGATION OR A DISCIPLINARY PROCEEDING, TO FURTHER PROVIDE FOR THE COLLECTIONS AND DEPOSIT OF COSTS AND FINES COLLECTED, TO FURTHER PROVIDE FOR CONFIDENTIALITY OF CERTAIN MATTERS, AND TO PROVIDE CRIMINAL PENALTIES FOR PRACTICING A REGULATED PROFESSION OR OCCUPATION IN VIOLATION OF THIS CHAPTER.
Referred to Committee on Labor, Commerce and Industry


Printed Page 101 . . . . . Thursday, January 12, 2006

H. 4421 (Word version) -- Reps. Chellis, Young, Bailey, Harrell and Harrison: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS UPON A FAVORABLE REFERENDUM VOTE, SO AS TO PROVIDE THAT TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AUTHORIZED TO BE ISSUED IN A COUNTY OR MUNICIPALITY PURSUANT TO THE REFERENDUM PROVIDED FOR AT THAT TIME MAY CONTINUE TO BE ISSUED OR REISSUED WITHOUT THE REQUIREMENT OF A FURTHER REFERENDUM.
Referred to Committee on Judiciary

ROLL CALL

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
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                 Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Kennedy                Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal

Printed Page 102 . . . . . Thursday, January 12, 2006

J. M. Neal             Norman                 Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Vick                   Walker                 White
Whitmire               Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 12.

Tracy Edge                        H. B. "Chip" Limehouse
Ronald Townsend                   Becky Martin
Harold Mitchell                   Todd Rutherford
Thad Viers                        G. Murrell Smith
David Weeks                       Denny Neilson

Total Present--121

STATEMENT OF ATTENDANCE

Rep. VICK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 11.

DOCTOR OF THE DAY

Announcement was made that Dr. Jerry Powell of Anderson is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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


Printed Page 103 . . . . . Thursday, January 12, 2006

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. 4336 (Word version)
Date:   ADD:
01/12/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4326 (Word version)
Date:   ADD:
01/12/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4313 (Word version)
Date:   ADD:
01/12/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4340 (Word version)
Date:   ADD:
01/12/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4316 (Word version)
Date:   ADD:
01/12/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4367 (Word version)
Date:   ADD:
01/12/06   R. BROWN


Printed Page 104 . . . . . Thursday, January 12, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4358 (Word version)
Date:   ADD:
01/12/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4360 (Word version)
Date:   ADD:
01/12/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4319 (Word version)
Date:   ADD:
01/12/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4354 (Word version)
Date:   ADD:
01/12/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4350 (Word version)
Date:   ADD:
01/12/06   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 4350 (Word version)
Date:   ADD:
01/12/06   VAUGHN

CO-SPONSOR ADDED

Bill Number:   H. 4350 (Word version)
Date:   ADD:
01/12/06   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 4350 (Word version)
Date:   ADD:
01/12/06   BANNISTER


Printed Page 105 . . . . . Thursday, January 12, 2006

CO-SPONSOR ADDED

Bill Number:   H. 3475 (Word version)
Date:   ADD:
01/12/06   HIOTT

CO-SPONSOR ADDED

Bill Number:   H. 3475 (Word version)
Date:   ADD:
01/12/06   BANNISTER

CO-SPONSOR ADDED

Bill Number:   H. 3475 (Word version)
Date:   ADD:
01/12/06   J. M. NEAL

CO-SPONSOR ADDED

Bill Number:   H. 3475 (Word version)
Date:   ADD:
01/12/06   EMORY

CO-SPONSOR ADDED

Bill Number:   H. 3475 (Word version)
Date:   ADD:
01/12/06   J. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3475 (Word version)
Date:   ADD:
01/12/06   AGNEW

CO-SPONSOR ADDED

Bill Number:   H. 3475 (Word version)
Date:   ADD:
01/12/06   HOSEY

CO-SPONSOR ADDED

Bill Number:   H. 3475 (Word version)
Date:   ADD:
01/12/06   MITCHELL


Printed Page 106 . . . . . Thursday, January 12, 2006

CO-SPONSOR ADDED

Bill Number:   H. 4406 (Word version)
Date:   ADD:
01/12/06   HAGOOD

CO-SPONSOR ADDED

Bill Number:   H. 4406 (Word version)
Date:   ADD:
01/12/06   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 4406 (Word version)
Date:   ADD:
01/12/06   SKELTON

CO-SPONSOR ADDED

Bill Number:   H. 4389 (Word version)
Date:   ADD:
01/12/06   HARRELL

CO-SPONSOR ADDED

Bill Number:   H. 4252 (Word version)
Date:   ADD:
01/12/06   PINSON

CO-SPONSOR ADDED

Bill Number:   H. 3504 (Word version)
Date:   ADD:
01/12/06   PINSON

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/12/06   AGNEW

CO-SPONSOR ADDED

Bill Number:   H. 4351 (Word version)
Date:   ADD:
01/12/06   PINSON


Printed Page 107 . . . . . Thursday, January 12, 2006

CO-SPONSOR ADDED

Bill Number:   H. 3702 (Word version)
Date:   ADD:
01/12/06   OWENS

CO-SPONSOR ADDED

Bill Number:   H. 4334 (Word version)
Date:   ADD:
01/12/06   WEEKS

SENT TO THE SENATE

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

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.

H. 4404--POINT OF ORDER

The following Bill was taken up:

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 AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO


Printed Page 108 . . . . . Thursday, January 12, 2006

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.

Rep. SANDIFER explained the Bill.

POINT OF ORDER

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

ORDERED TO THIRD READING

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

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,


Printed Page 109 . . . . . Thursday, January 12, 2006

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 $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT.

Rep. COOPER explained the Joint Resolution.

H. 4379--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RICE, with unanimous consent, it was ordered that H. 4379 (Word version) be read the third time tomorrow.

H. 4340--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

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

H. 4340 (Word version) -- Reps. Davenport, Littlejohn, Altman, Kirsh, Clyburn, Young, Mahaffey, Clark and R. Brown: A BILL TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS' LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING


Printed Page 110 . . . . . Thursday, January 12, 2006

EDUCATION, SO AS TO PROVIDE THAT A COSMETOLOGIST MAY RECEIVE UP TO THREE HOURS OF CONTINUING EDUCATION CREDITS FOR VERIFIED ATTENDANCE AT A COSMETOLOGY-RELATED TRADE SHOW.

MOTION PERIOD

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

LEAVE OF ABSENCE

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

H. 3702--AMENDED AND DEBATE ADJOURNED

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, Young and Owens: 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), which was tabled:
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


Printed Page 111 . . . . . Thursday, January 12, 2006

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, including fuel, maintenance, parts, driver's salaries, insurance, and any other relevant activities, based on actual expenditures in that district as they relate to total statewide expenditures for school transportation activities, including fuel, maintenance, parts, driver's salaries, insurance, and any other relevant activities in the year previous to the decision to contract. In addition, the district may receive, at its discretion, from the State all school buses and school bus maintenance vehicles provided by the State to the district in the year previous to the decision to contract or the proceeds from the sale of those vehicles as a one-time payment. The State Department of Education promptly shall deliver to the Budget and Control Board a full and complete accounting of all state expenditures on school transportation pursuant to this subsection upon request.

(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. J. R. SMITH moved to table the amendment, which was agreed to.

Rep. J. R. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\22327SJ06), which was adopted:
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:


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"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, including fuel, maintenance, parts, driver's salaries, insurance, and any other relevant activities, based on actual expenditures in that district as they relate to total statewide expenditures for school transportation activities, including fuel, maintenance, parts, driver's salaries, insurance, and any other relevant activities in the year previous to the decision to contract. The State Department of Education promptly shall deliver to the Budget and Control Board a full and complete accounting of all state expenditures on school transportation pursuant to this subsection upon request.

(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.

The question then recurred to the adoption of the amendment.

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

Yeas 71; Nays 18


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Those who voted in the affirmative are:
Altman                 Bailey                 Ballentine
Bannister              Barfield               Bingham
Bowers                 Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Dantzler
Duncan                 Edge                   Frye
Funderburk             Govan                  Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hiott                  Hosey                  Huggins
Jefferson              Jennings               Leach
Limehouse              Loftis                 Martin
McGee                  Merrill                Ott
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Rivers                 Rutherford             Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Vick                   Viers
White                  Young

Total--71

Those who voted in the negative are:

Anthony                Breeland               J. Brown
Cotty                  M. Hines               Hodges
Kennedy                Kirsh                  Lucas
Mack                   Mahaffey               McCraw
McLeod                 Moody-Lawrence         J. H. Neal
Phillips               J. E. Smith            Weeks

Total--18

So, the amendment was adopted.

Rep. J. R. SMITH explained the Bill.


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Rep. J. R. SMITH moved to adjourn debate on the Bill until Tuesday, January 17, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

H. 4271 (Word version) -- Reps. Scott, Ballentine, J. H. Neal and Howard: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 20 IN LEXINGTON COUNTY FROM MILE MARKER 59 TO MILE MARKER 60 THE "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

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

H. 4376 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE SALUDA RIVER ALONG SOUTH CAROLINA HIGHWAY 20 IN ANDERSON AND GREENVILLE COUNTIES THE "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE".
Ordered for consideration tomorrow.

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

H. 4408 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION


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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.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4422 (Word version) -- Reps. Jennings, Witherspoon, Battle, Hayes, Branham, Clemmons, J. Hines, M. Hines, Lucas, Miller, Neilson, Viers, Coates, McGee, Anderson, Vick, McLeod and Kennedy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-618 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY IMPOSE AND COLLECT A TOLL ALONG THE PROPOSED INTERSTATE 73 UPON COMPLETION OF THIS HIGHWAY PROJECT TO BE USED TO PAY FOR THE COST OF PLANNING, RIGHT-OF-WAY ACQUISITIONS, FINANCING, CONSTRUCTION, OPERATION, AND OTHER EXPENSES ASSOCIATED WITH THIS PROJECT, AND FOR THE REMOVAL OF THE TOLLS UPON PAYMENT OF ALL SUCH COSTS.
On motion of Rep. WITHERSPOON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4423 (Word version) -- Reps. Thompson, Townsend, Simrill, McGee, Lucas, Jennings, Hayes, Merrill, Altman, Bannister, Duncan, Kirsh, Owens, M. A. Pitts, Scarborough and Umphlett: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO MAKE REFERENCE TO INCREASES IN THE AMOUNT REQUIRED IN THE GENERAL RESERVE FUND PURSUANT TO THE REQUIREMENTS OF THE STATE CONSTITUTION AND TO MAKE THIS AMENDMENT EFFECTIVE BEGINNING ON THE RATIFICATION OF AN


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AMENDMENT TO THE CONSTITUTION OF THIS STATE PROVIDING THOSE CIRCUMSTANCES WHICH RESULT IN AN INCREASE IN THE GENERAL RESERVE FUND.
Referred to Committee on Ways and Means

H. 4424 (Word version) -- Reps. Thompson, Townsend, Simrill, McGee, Lucas, Merrill, Altman, Bannister, Dantzler, Duncan, Hayes, Jennings, Kirsh, Owens, M. A. Pitts, Scarborough and Umphlett: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO REQUIRE AN ADDITIONAL AMOUNT EQUAL TO ONE PERCENT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR TO BE HELD IN THE GENERAL RESERVE FUND EACH TIME THE GENERAL ASSEMBLY ENACTS LEGISLATION CUMULATIVELY RAISING BY AT LEAST ONE-HALF OF ONE PERCENT THE AMOUNT OF GENERAL FUND REVENUES OF THE PRECEDING FISCAL YEAR THAT MAY BE USED TO SECURE STATE OBLIGATION DEBT.
Referred to Committee on Ways and Means

H. 4425 (Word version) -- Reps. Thompson, White, Martin and Townsend: A BILL TO AMEND SECTION 59-150-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FROM LOTTERY FUNDS, SO AS TO PROVIDE FOR A SPECIFIC AMOUNT AS AN ANNUAL AWARD SUPPLEMENT AND TO PROVIDE FOR CUMULATIVE ADJUSTMENT OF THE AWARD AMOUNT SO AS TO REFLECT INCREASES IN THE HIGHER EDUCATION PRICE INDEX.
Referred to Committee on Ways and Means

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


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EXEMPT ENTITIES, THE LEASED PORTION OF THE PROPERTY IS EXEMPT FROM PROPERTY TAX.
Referred to Committee on Ways and Means

H. 4427 (Word version) -- Reps. Cato, Harrell, Sandifer, Leach, Walker, Loftis, Bingham, Townsend, Simrill, Haley, Anthony, Littlejohn, Davenport, Clark, Taylor, Young, Vaughn, Witherspoon, Bailey, Barfield, Battle, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Hamilton, Herbkersman, Hinson, Hiott, Huggins, Kirsh, McCraw, Norman, Owens, Perry, E. H. Pitts, Rice, Scarborough, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Toole and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE FOR THE ORDERLY DISSOLUTION OF THE SECOND INJURY FUND AND TO PROVIDE FOR SUBSEQUENT ACTIONS TO BE TAKEN BY THE BUDGET AND CONTROL BOARD RELATING TO THE WINDING DOWN OF OPERATIONS OF THE FUND; BY ADDING SECTION 42-15-85 SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS ON THE EMPLOYEE, AND TO PROVIDE HOW CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN, TO PROVIDE AN EXCEPTION, AND TO DEFINE "EXPERT WITNESS" FOR PURPOSES OF THIS SECTION; BY AMENDING SECTION 38-55-530, AS AMENDED, RELATING TO DEFINITIONS AS USED IN OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO FURTHER DEFINE "FALSE STATEMENT AND MISREPRESENTATION"; BY AMENDING SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE REVISED CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS IN CONNECTION WITH AN INSURANCE TRANSACTION; BY


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AMENDING SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION BY THE OFFICE OF THE ATTORNEY GENERAL, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT; BY AMENDING SECTION 42-1-160, AS AMENDED, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO FURTHER DEFINE THESE TERMS; BY AMENDING SECTION 42-1-360, RELATING TO EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO INCLUDE "PROFESSIONAL SPORTS TEAM PLAYER" IN THE EXEMPTION; BY AMENDING SECTION 42-3-20, RELATING TO THE MEMBERSHIP, TERMS OF OFFICE, VACANCIES, AND DUTIES OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP AND REVISE THE PROCEDURE FOR HEARING CONTESTED CASES; BY AMENDING SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR THE DEFINITION OF "PERMANENT MEDICAL IMPAIRMENT"; BY AMENDING SECTION 42-9-60, RELATING TO COMPENSATION THAT IS NOT ALLOWED WHEN INJURY OR DEATH IS CAUSED BY INTOXICATION OR WILFUL INTENTION OF EMPLOYEE, SO AS TO EXCLUDE FROM COVERAGE INJURIES CAUSED BY THE INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS; BY AMENDING SECTION 42-9-360, AS AMENDED, RELATING TO THE ASSIGNMENTS OF COMPENSATION AND THE EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO MAKE CLAIMS FOR COMPENSATION NOT SUBJECT TO ASSIGNMENT; BY AMENDING SECTION 42-11-10, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE", SO AS TO FURTHER DEFINE THIS TERM; BY AMENDING SECTION 42-15-60, RELATING TO MEDICAL TREATMENT AND SUPPLIES BEING FURNISHED AND AN EMPLOYEE'S REFUSAL TO ACCEPT TREATMENT, SO AS TO PROVIDE FOR THE TERMINATION OF THE EMPLOYER'S OBLIGATION TO PROVIDE MEDICAL BENEFITS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 42-15-80, RELATING TO PRIVILEGED INFORMATION COMMUNICATED AT EMPLOYEE EXAMINATIONS, SO AS TO PROVIDE THAT A

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PHYSICIAN, SURGEON, OR OTHER HEALTH CARE PROVIDER, WITHOUT THE PERMISSION OF THE EMPLOYEE, MAY DISCUSS AND COMMUNICATE AN EMPLOYEE'S MEDICAL HISTORY, DIAGNOSIS, CAUSATION, COURSE OF TREATMENT, PROGNOSIS, WORK RESTRICTIONS, AND IMPAIRMENTS WITH THE REPRESENTATIVE OF THE INSURANCE CARRIER, THE EMPLOYER, THE EMPLOYEE, THEIR ATTORNEY, THE REHABILITATION PROFESSIONAL, OR THE COMMISSION; BY AMENDING SECTION 42-15-90, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE COMMISSION, SO AS TO PROVIDE FOR THE ATTORNEY'S FEES FOR REPRESENTING AN EMPLOYEE BEFORE THE COMMISSION; BY AMENDING SECTION 42-15-95, AS AMENDED, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION", TO PROVIDE THAT ALL MEDICAL AND VOCATIONAL INFORMATION INSTEAD OF ALL INFORMATION COMPILED BY A HEALTH CARE FACILITY OR PROVIDER BE PROVIDED WITHIN A CERTAIN TIME, AND TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM; AND BY AMENDING SECTION 42-17-90, RELATING TO THE REVIEW OF AN AWARD ON CHANGE OF A CONDITION, SO AS TO PROVIDE THAT IN OCCUPATIONAL DISEASE CASES, A REVIEW MUST NOT BE MADE AFTER TWELVE MONTHS FROM THE DATE OF THE LAST PAYMENT OF BENEFITS.
Referred to Committee on Labor, Commerce and Industry

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


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Walker: A BILL TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY AUTHORIZING THE APPLICANT TO OFFER CABLE SERVICE IN THIS STATE UNDER THE PROCEDURES AND REQUIREMENTS CONTAINED IN THIS ARTICLE.
Referred to Committee on Labor, Commerce and Industry

H. 4429 (Word version) -- Reps. Townsend, Mitchell, Edge, J. E. Smith, Viers, Harrell, Clark, Clyburn, Littlejohn, Walker, Clemmons, Cooper, Barfield, Govan, Frye, Bailey, Huggins, Leach, Witherspoon, Anderson, Hardwick, Hiott, Rhoad, W. D. Smith, Miller, Altman, Anthony, Bales, Ballentine, Battle, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Davenport, Duncan, Hagood, Haley, Hamilton, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Howard, Jefferson, Kennedy, Limehouse, Loftis, Mahaffey, Martin, McCraw, McGee, Merrill, J. H. Neal, Ott, Perry, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, D. C. Smith, F. N. Smith, G. R. Smith, J. R. Smith, Thompson, Vick, White and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-425 SO AS TO REVISE AND FURTHER PROVIDE FOR THE LENGTH OF THE SCHOOL TERM AND THE BEGINNING OF THE SCHOOL TERM, THE USE OF SCHOOL DAYS, AND PROVISIONS FOR MAKE-UP DAYS; AND TO REPEAL SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM, SECTION 59-1-430 RELATING TO MAKE-UP DAYS, AND SECTION 59-1-440 RELATING TO THE HOURS AND USE OF A SCHOOL DAY.
Referred to Committee on Education and Public Works

H. 4430 (Word version) -- Reps. Limehouse and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


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REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4431 (Word version) -- Reps. Coates, McGee, Lucas, Duncan, Ott, Pinson, Bowers, Funderburk, Moody-Lawrence, M. A. Pitts and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY CENTS A GALLON FOR ETHANOL PRODUCED IN AN ETHANOL FACILITY IN THIS STATE AND TO PROVIDE THE REQUIREMENTS FOR EARNING THIS CREDIT AND THE MAXIMUM TIME THE CREDIT IS ALLOWED; BY ADDING SECTION 12-6-3610 SO AS TO ALLOW A STATE INCOME TAX EQUAL TO TWENTY-FIVE PERCENT OF THE COSTS INCURRED BY A TAXPAYER IN PLACING IN SERVICE IN THIS STATE A DISPENSING FACILITY FOR RENEWABLE FUEL, TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE COSTS INCURRED BY A TAXPAYER IN PLACING IN SERVICE IN THIS STATE A COMMERCIAL FACILITY FOR PROCESSING RENEWABLE FUEL, AND TO DEFINE "RENEWABLE FUEL"; BY ADDING SECTION 12-28-745 SO AS TO EXEMPT RENEWABLE FUEL, WHETHER PURE OR BLENDED WITH TAXABLE FUELS, FROM THE MOTOR FUELS USER FEE; TO AMEND SECTION 12-28-110, RELATING TO DEFINITIONS FOR PURPOSES OF THE MOTOR FUELS USER FEE, SO AS TO INCLUDE NEW DEFINITIONS FOR BIODIESEL FUEL AND RENEWABLE FUEL; TO AMEND SECTION 12-28-310, RELATING TO THE IMPOSITION OF THE MOTOR FUELS USER FEE, SO AS TO EXTEND THE TAX TO ALL MOTOR FUELS USED TO PROPEL VEHICLES; TO AMEND SECTION 12-28-710, RELATING TO MOTOR FUELS USER FEE EXEMPTIONS, SO AS TO EXEMPT RENEWABLE FUEL SOLD


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FROM JULY 1, 2006, THROUGH JUNE 30, 2011; AND TO AMEND SECTION 12-28-990, RELATING TO THE USER FEE ON BLENDED FUELS, SO AS TO EXTEND THESE REQUIREMENTS TO RENEWABLE FUELS.
Referred to Committee on Ways and Means

Rep. TOWNSEND 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. 4374 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SARAH HANNAH NEWMAN OF KERSHAW COUNTY FOR HER OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS TO HER SCHOOL AND COMMUNITY, AND TO WISH HER THE BEST IN ALL FUTURE ENDEAVORS.

H. 4375 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION HONORING DR. LARRY K. RAYNES ON THE OCCASION OF HIS THIRTY-FIFTH ANNIVERSARY AS PASTOR OF PLEASANT VIEW BAPTIST CHURCH IN TAYLORS, AND EXPRESSING GRATITUDE FOR HIS SPIRITUAL LEADERSHIP IN HIS CHURCH, HIS COMMUNITY, AND THIS STATE.

H. 4377 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR STEFAN SHEALY, SOPHOMORE AT SPARTANBURG'S BROOME HIGH SCHOOL, FOR HIS ATHLETIC PROWESS AS A CROSS-COUNTRY STAR, TO CONGRATULATE HIM FOR HIS IMPRESSIVE WIN OF THE STATE CHAMPIONSHIP TITLE, AND TO EXTEND TO HIM THE BEST IN ALL HIS FUTURE ENDEAVORS.

H. 4378 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE SPARTANBURG'S BROOME HIGH SCHOOL LADY CENTURIONS CROSS-COUNTRY TEAM AND ITS COACH SKIP FRYE ON CAPTURING THE A/AA STATE CROSS-COUNTRY CHAMPIONSHIP TITLE AND TO HONOR THEM FOR AN EXCEPTIONAL SEASON.


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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.

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, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY ON THE OCCASION OF THE DEVASTATING LOSS OF REPRESENTATIVE CHARLES ALEXANDER HARVIN III OF CLARENDON COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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.


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H. 4414 (Word version) -- Reps. 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, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 18, 2006, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

ADJOURNMENT

At 11:00 a.m. the House, in accordance with the motion of Rep. DAVENPORT, adjourned in memory of Jo Ann Marie Plummer of Boiling Springs, to meet at 10:00 a.m. tomorrow.

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