South Carolina Senate Journal January 13, 2005 - South Carolina Legislature Online

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

Printed Page 207 . . . . . Thursday, January 13, 2005

Thursday, January 13, 2005
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of the Psalmist! Psalm 97:1: "The Lord reigneth; Let the earth rejoice!"
Let us pray.

We thank You, Good Lord and Master, for the reminder that You are still in charge of the Universe... and of our tiny little earth.

May the ancient words of the Psalmist in his prayers become our words of inspiration as we aspire to become worthy servants of the God who will have the last word.

When we tremble, and the oceans are convulsed, help us to rejoice because we know that the Lord God Almighty will eventually say the word "Peace, be still."

Thanks also for the words, "COME UNTO ME, ALL YE THAT ARE HEAVY-LADEN."

Hear, O Lord, the silent prayer of each one here!
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Nancy Doherty Sadler, Griffith, Sadler & Sharp, P. A., 600 Monson St., Beaufort, S.C. 29901-0570

Initial Appointment, Spartanburg County Probate Judge, with term to expire when a successor is appointed and qualified after the general election of 2006

Printed Page 208 . . . . . Thursday, January 13, 2005

Ponda Caldwell, 123 Englewood Dr., Inman, S.C. 29349

VICE Raymond C. Eubanks

Statewide Appointment

Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2000, and to expire June 30, 2006

At-Large:

David William Huffstetler, 128 Platinum Dr., Lexington, S.C. 29072

VICE Harry B. Gregory

Message from the House

Columbia, S.C., January 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.362, H. 4481 by a vote of 20 to 94:

(R362, H4481 (Word version)) -- Reps. Ceips, Harvin, Altman, G.M. Smith, Vaughn, Weeks, Clark, Walker, Gilham, Duncan, Coates, Stille, Sandifer, Snow, Leach, Loftis, Scarborough, Edge, Cato, Richardson, Herbkersman, Lloyd, J.E. Smith, Lourie, Haskins, Rivers, Umphlett, Wilkins, J. Brown, Keegan, M.A. Pitts, Skelton, Cotty, Young, Bailey, Hinson, Chellis, G. Brown, Mahaffey and Harrell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, TO PROVIDE THAT THIS COMMISSION SHALL ACT TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSIST DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES.

Printed Page 209 . . . . . Thursday, January 13, 2005

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.401, H. 3065 by a vote of 33 to 76:

(R401, H3065 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION

Printed Page 210 . . . . . Thursday, January 13, 2005

12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT, BY ADDING SECTION 12-28-1400, SO AS TO REQUIRE SUCH REPORTING AS THE DEPARTMENT OF REVENUE MAY REQUIRE BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO REPEAL SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT, TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE

Printed Page 211 . . . . . Thursday, January 13, 2005

CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE SUCH NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST WILL RESULT IN A DECISION BECOMING FINAL AND TO PROVIDE FURTHER FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-720, AS AMENDED, RELATING TO THE REGULATION OF WINE, SO AS TO REPLACE THE LIMITATION TO DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN IN THIS STATE FOR WINE SALES AND TASTINGS AT LICENSED WINERIES IN THIS STATE; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTIONS 61-4-730 AND 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REPLACE THE REQUIREMENT THAT PERMITTED WINERIES SELL ONLY DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT OR BERRIES GROWN IN THIS STATE IN ORDER TO SELL AND DELIVER WINE IN THIS STATE AND TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR, BY ADDING SECTION 12-21-1085, SO AS TO PROVIDE THOSE TAXES ALLOWED ON BEER AND WINE, BY ADDING 61-6-1555, SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE

Printed Page 212 . . . . . Thursday, January 13, 2005

OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY, TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB", TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED, TO AMEND TITLE 12 BY ADDING CHAPTER 55 ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION, TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC, BY ADDING SECTION 12-37-223 SO AS TO EXEMPT FROM PROPERTY TAX A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF REAL PROPERTY TO LIMIT TO TWENTY PERCENT INCREASES IN FAIR MARKET VALUE OF SUCH PROPERTY ATTRIBUTABLE TO REASSESSMENT PROGRAMS AND PROVIDE THE MANNER IN WHICH THIS EXEMPTION APPLIES AND ITS DURATION, TO REPEAL SECTION 12-37-223A, RELATING TO A COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF REASSESSMENT, BY ADDING SECTION 12-37-130, SO AS TO ESTABLISH A TASK FORCE TO STUDY THE IMPACT OF THIS NEW EXEMPTION ON HOMEOWNERS AND THE REAL ESTATE INDUSTRY, AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO LIMITS ON PROPERTY TAX MILLAGE INCREASES, SO AS TO CLARIFY THE CALCULATION OF THE INCREASED MILLAGE ALLOWED PURSUANT TO INCREASES IN THE CONSUMER PRICE INDEX.

Printed Page 213 . . . . . Thursday, January 13, 2005

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.407, H. 3552 by a vote of 49 to 61:

(R407, H3552 (Word version)) -- Reps. Lourie, J.E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT A DEPARTMENT OF SOCIAL SERVICES EMPLOYEE OR AN ADULT PROTECTIVE SERVICES EMPLOYEE SHALL REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON SHALL REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION; BY ADDING SECTION 43-1-85 SO AS

Printed Page 214 . . . . . Thursday, January 13, 2005

TO PROVIDE PENALTIES FOR VIOLATION OF STATUTES OR REGULATIONS PERTAINING TO PROGRAMS THAT THE DEPARTMENT OF SOCIAL SERVICES REGULATES, TO PROVIDE THAT THE DEPARTMENT SHALL PROMULGATE REGULATIONS REGARDING PENALTIES, TO PROVIDE FOR JUDICIAL REVIEW OF THE FINAL AGENCY DECISION CONCERNING A PENALTY; AND BY ADDING SECTION 20-7-2255 SO AS TO PROVIDE THAT STANDARD LICENSES FOR RESIDENTIAL GROUP HOMES AND CHILD CARING INSTITUTIONS ARE EFFECTIVE FOR TWO YEARS FROM THE DATE OF ISSUANCE UNLESS REVOKED OR TERMINATED BEFORE THE EXPIRATION DATE.
Very respectfully,
Speaker of the House

Received as information

Message from the House

Columbia, S.C., January 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.417, H. 4455 by a vote of 1 to 112:

(R417, H4455 (Word version)) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: AN ACT TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS; TO AMEND CHAPTER 47, TITLE 40 BY ADDING ARTICLE 10 SO AS TO REQUIRE CARDIOVASCULAR INVASIVE SPECIALISTS TO REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, WHICH MUST INCLUDE HOLDING A CURRENT REGISTRATION WITH CARDIOVASCULAR CREDENTIALING

Printed Page 215 . . . . . Thursday, January 13, 2005

INTERNATIONAL, TO ESTABLISH PARAMETERS FOR THE SCOPE OF PRACTICE FOR SUCH SPECIALISTS, TO PROHIBIT SUCH SPECIALISTS FROM PRESCRIBING DRUGS, TO REQUIRE THESE SPECIALISTS TO PRACTICE ONLY UNDER THE SUPERVISION OF A CARDIOLOGIST, TO AUTHORIZE SANCTIONS FOR UNAUTHORIZED PRACTICE AND OTHER PRACTICE VIOLATIONS, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS ARTICLE; TO ADD SECTION 40-13-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING REGISTRATION AND RENEWAL FEES, A SIXTY HOUR DEPARTMENT OF LABOR, LICENSING AND REGULATION APPROVED HAIR BRAIDING COURSE, AND PASSAGE OF AN EXAMINATION ADMINISTERED BY THE DEPARTMENT, AND TO PROVIDE THAT AN INDIVIDUAL CURRENTLY ENGAGED IN HAIR BRAIDING HAS ONE YEAR TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION; AND TO AMEND SECTION 40-13-20, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF COSMETOLOGISTS, SO AS TO DEFINE "HAIR BRAIDING".
Very respectfully,
Speaker of the House

Received as information

Message from the House

Columbia, S.C., January 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.430, H. 4821 by a vote of 0 to 106:

(R430, H4821 (Word version)) -- Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson: AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND

Printed Page 216 . . . . . Thursday, January 13, 2005

OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, PROVIDING THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, ESTABLISHING LICENSURE BY ENDORSEMENT, CLARIFYING THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, PROVIDING THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS; BY ADDING SECTION 40-13-255 SO AS TO PROVIDE FOR THE PRACTICE OF HAIR BRAIDING AND PROVIDE THAT ONLY INDIVIDUALS WHO ARE LICENSED TO PRACTICE COSMETOLOGY OR WHO ARE REGISTERED TO PRACTICE HAIR BRAIDING MAY ENGAGE IN THE PRACTICE OF OR PERFORM HAIR BRAIDING SERVICES; TO AMEND SECTION 40-13-20, AS AMENDED, RELATING TO DEFINITIONS RELATING TO COSMETOLOGY, SO AS TO DEFINE "HAIR BRAIDING"; AND BY ADDING ARTICLE 10, CHAPTER 47, TITLE 40 SO AS TO PROVIDE FOR THE REGISTERED CARDIOVASCULAR INVASIVE SPECIALISTS ACT, TO DEFINE CERTAIN TERMS, TO PROVIDE THE PROCEDURE A PERSON MUST FOLLOW TO BECOME A REGISTERED CARDIOVASCULAR INVASIVE SPECIALIST, TO PROVIDE THE SERVICES A CARDIOVASCULAR INVASIVE SPECIALIST MAY PERFORM, TO PROVIDE FOR THE DISCIPLINE OF A PERSON WHO HAS BECOME UNFIT TO PRACTICE OR WHO HAS VIOLATED THIS ARTICLE, TO PROVIDE CERTAIN THINGS THAT A CARDIOVASCULAR INVASIVE SPECIALIST MUST DO AND MAY NOT DO, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS.
Very respectfully,
Speaker of the House

Received as information

Printed Page 217 . . . . . Thursday, January 13, 2005

Message from the House

Columbia, S.C., January 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.436, H. 5085 by a vote of 3 to 106:

(R436, H5085 (Word version))--Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G.R. Smith and Snow: AN ACT TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR THOSE TAXES AND LICENSES ALLOWED ON BEER AND WINE, AND BY ADDING SECTION 12-6-3555 SO AS TO ALLOW A TAX CREDIT EQUAL TO ONE THOUSAND DOLLARS WHICH MAY BE CLAIMED ON A DECEDENT'S FINAL INCOME TAX RETURN, OR ESTATE INCOME TAX RETURN, OR ESTATE TAX RETURN IF THE DECEDENT WAS A RESIDENT OF THIS STATE AT THE TIME OF DEATH AND THE DECEDENT'S ORGANS OR TISSUES WERE REMOVED FOR TRANSPLANT.
Very respectfully,
Speaker of the House

Received as information

Message from the House

Columbia, S.C., January 12, 2005

Mr. President and Senators:

Printed Page 218 . . . . . Thursday, January 13, 2005

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.356, H. 3409 by a vote of 85 to 25:

(R356, H3409 (Word version)) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts, Viers, Martin and Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-175 SO AS TO PROVIDE A PROCESS FOR ESTABLISHING FIREWORKS PROHIBITED ZONES WITHIN COUNTIES AND MUNICIPALITIES; AND TO AMEND SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM GRANTING OR DENYING AN APPLICATION FOR EXTENDING A FIREWORKS PROHIBITED ZONE.
Very respectfully,
Speaker of the House

Received as information

VETO OVERRIDDEN

The veto of the Governor was taken up for immediate consideration.

Senator MARTIN spoke on the veto.

Senator MARTIN moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

Printed Page 219 . . . . . Thursday, January 13, 2005

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Williams

Total--45

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.413, H. 3891 by a vote of 103 to 11:

Printed Page 220 . . . . . Thursday, January 13, 2005

Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M.A. Pitts, Scarborough, F.N. Smith, J.E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE "ACUPUNCTURE ACT OF SOUTH CAROLINA" TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE; TO AMEND TITLE 44, RELATING TO HEALTH BY ADDING CHAPTER 132 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR THE DIRECT SUBMISSION OF CLAIMS FOR ANATOMIC PATHOLOGY SERVICES; AND BY ADDING ARTICLE 10, CHAPTER 47 1a TITLE 40 SO AS TO PROVIDE FOR THE REGISTERED CARDIOVASCULAR INVASIVE SPECIALISTS ACT, TO DEFINE CERTAIN TERMS, TO PROVIDE THE PROCEDURE A PERSON MUST FOLLOW TO BECOME A REGISTERED CARDIOVASCULAR INVASIVE SPECIALIST, TO PROVIDE THE SERVICES A CARDIOVASCULAR INVASIVE SPECIALIST MAY PERFORM, TO PROVIDE FOR THE DISCIPLINE OF A PERSON WHO HAS BECOME UNFIT TO PRACTICE OR WHO HAS VIOLATED THIS ARTICLE, TO PROVIDE CERTAIN THINGS THAT A CARDIOVASCULAR INVASIVE SPECIALIST MUST DO AND MAY NOT DO, AND TO

Printed Page 221 . . . . . Thursday, January 13, 2005

PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS.
Very respectfully,
Speaker of the House

Received as information

VETO OVERRIDDEN

(R413, H3891 (Word version)) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M.A. Pitts, Scarborough, F.N. Smith, J.E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE "ACUPUNCTURE ACT OF SOUTH CAROLINA" TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE; TO AMEND TITLE 44, RELATING TO HEALTH BY ADDING CHAPTER 132 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR THE DIRECT SUBMISSION OF CLAIMS FOR ANATOMIC PATHOLOGY SERVICES; AND BY ADDING ARTICLE 10, CHAPTER 47 1a TITLE 40 SO AS TO PROVIDE FOR THE REGISTERED CARDIOVASCULAR INVASIVE

Printed Page 222 . . . . . Thursday, January 13, 2005

SPECIALISTS ACT, TO DEFINE CERTAIN TERMS, TO PROVIDE THE PROCEDURE A PERSON MUST FOLLOW TO BECOME A REGISTERED CARDIOVASCULAR INVASIVE SPECIALIST, TO PROVIDE THE SERVICES A CARDIOVASCULAR INVASIVE SPECIALIST MAY PERFORM, TO PROVIDE FOR THE DISCIPLINE OF A PERSON WHO HAS BECOME UNFIT TO PRACTICE OR WHO HAS VIOLATED THIS ARTICLE, TO PROVIDE CERTAIN THINGS THAT A CARDIOVASCULAR INVASIVE SPECIALIST MUST DO AND MAY NOT DO, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS.

The veto of the Governor was taken up for immediate consideration.

Senator PEELER spoke on the veto.

Senator PEELER moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 31; Nays 0

AYES

Alexander                 Anderson                  Cleary
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Malloy                    McConnell
Mescher                   Patterson                 Peeler
Pinckney                  Reese                     Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Verdin
Williams

Total--31

NAYS

Total--0

Printed Page 223 . . . . . Thursday, January 13, 2005

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.410, H. 3831 by a vote of 102 to 15:

(R. 410, H. 3831 (Word version)) -- Reps. Cato, Chellis, Coates, Cobb-Hunter, Edge, Emory, Harrison, Huggins, Limehouse, Sandifer, J.E. Smith, Talley and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRE-LICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.
Very respectfully,
Speaker of the House

Received as information

VETO OVERRIDDEN

Printed Page 224 . . . . . Thursday, January 13, 2005

The veto of the Governor was taken up for immediate consideration.

Senator GROOMS spoke on the veto.

Senator GROOMS moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 31; Nays 0

AYES

Alexander                 Anderson                  Cleary
Cromer                    Drummond                  Elliott
Ford                      Gregory                   Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Malloy                    McConnell
Mescher                   Patterson                 Peeler
Pinckney                  Reese                     Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Verdin
Williams

Total--31

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

REGULATIONS RECEIVED

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

Printed Page 225 . . . . . Thursday, January 13, 2005

Document No. 2917
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
SUBJECT: International Fuel Gas Code
Received by Lieutenant Governor January 11, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2005

Document No. 2918
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
SUBJECT: International Residential Code
Received by Lieutenant Governor January 11, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2005

Document No. 2931
Agency: Department of Labor, Licensing and Regulation - Environmental Certification Board
SUBJECT: Chapter Revision
Received by Lieutenant Governor January 11, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2005

Document No. 2951
Agency: Department of Labor, Licensing and Regulation - Board of Long Term Health Care Administrators
SUBJECT: Inactive or Retired Status Licenses
Received by Lieutenant Governor January 11, 2005
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2005

Doctor of the Day

Senator WILLIAMS introduced Dr. Richard A. Schmitt of Myrtle Beach, S.C., Doctor of the Day.

Leave of Absence

At 11:15 A.M., Senator RITCHIE requested a leave of absence for Wednesday, January 19th and Thursday, January 20th, 2005.

Printed Page 226 . . . . . Thursday, January 13, 2005

Privilege of the Floor
Presentation of Bibles

On motion of Senator FAIR, with unanimous consent, the Privilege of the Floor was extended to Chaplain George E. Meetze, Chaplain of the Senate, for the purpose of presenting Bibles to Senators BRYANT, CAMPSEN, CLEARY, LOURIE, SCOTT and WILLIAMS

OBJECTION

Senator FORD asked unanimous consent to make a motion to be granted leave to rescind the selection of the Committee on Medical Affairs and select the Committee on Banking and Insurance and Senator MALLOY to rescind the selection of the Committee on Banking and Insurance and select the Committee on Medical Affairs.

Senator SHORT objected.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 255 (Word version) -- Senator Grooms: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LABELING AND MARKETING OF EGGS, SO AS TO FURTHER PROVIDE FOR THE REGULATION INCLUDING LICENSING OF SELLERS OF EGGS BY THE DEPARTMENT OF AGRICULTURE AND REQUIREMENTS FOR LABELING AND REFRIGERATED STORING OF EGGS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 256 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 25 OF TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-25-115 SO AS TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE BY EMERGENCY REGULATION TO TAKE CERTAIN ACTIONS REGARDING MICROORGANISM FOOD CONTAMINATION; SECTION 39-25-210 SO AS TO REQUIRE THAT PERSONS SUBJECT TO INSPECTION UNDER ADULTERATED FOOD LAWS NOT BE PERMITTED TO ENGAGE IN THE MANUFACTURING, PROCESSING, WAREHOUSING, OR PACKING OF FOOD

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WITHOUT FIRST OBTAINING A PERMIT FROM THE DEPARTMENT, TO AUTHORIZE THE DEPARTMENT TO ESTABLISH FEES FOR THESE PERMITS AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 39-25-220 SO AS TO PROVIDE THAT THE DEPARTMENT MAY EMPLOY ALL HELP NECESSARY TO CARRY OUT AND ENFORCE THE PROVISIONS OF ADULTERATED FOOD LAWS AND MAY DESIGNATE ANY EMPLOYEE OF THE DEPARTMENT TO PERFORM DUTIES NECESSARY TO CARRY OUT THESE PROVISIONS; AND SECTION 39-25-230 SO AS TO AUTHORIZE THE COMMISSIONER TO PROMULGATE REGULATIONS SETTING STANDARDS FOR THE LABELING AND CERTIFICATION OF FOOD PRODUCTS USING THE "SOUTH CAROLINA QUALITY" LABEL; TO AMEND SECTION 39-25-30, RELATING TO PROHIBITED ACTS IN REGARD TO ADULTERATED OR MISBRANDED FOOD AND COSMETICS, SO AS TO FURTHER PROVIDE FOR THESE PROHIBITED ACTS; AND TO AMEND SECTION 39-25-190, RELATING TO THE AUTHORITY OF THE COMMISSIONER TO ENTER AND INSPECT A PREMISES IN REGARD TO ADULTERATED FOOD, SO AS TO AUTHORIZE THE DEPARTMENT TO CONDUCT THE ANALYTICAL WORK NECESSARY FOR THE PROPER ENFORCEMENT OF THESE PROVISIONS, INCLUDING THE PERFORMING OF LABORATORY SERVICES AND COLLECTING REASONABLE FEES FOR THESE SERVICES.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 257 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN ISSUING A BAD CHECK, SO AS TO INCREASE THE SERVICE CHARGE FROM THIRTY DOLLARS TO SEVENTY DOLLARS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 258 (Word version) -- Senators Fair, Martin, Bryant and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE

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DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET AND CONTROL BOARD SHALL DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 259 (Word version) -- Senators Fair, Martin, Bryant, Malloy and Cromer: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION, AND TO PROVIDE THAT THESE CREDITS MAY BE FORFEITED IF AN INMATE HAS SUBMITTED REPETITIVE CLAIMS PERTAINING TO HIS INCARCERATION OR APPREHENSION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.
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Printed Page 229 . . . . . Thursday, January 13, 2005

Read the first time and referred to the Committee on Corrections and Penology.

S. 260 (Word version) -- Senators Grooms, Cleary, McConnell, Thomas, Campsen, Richardson, Hawkins, Bryant, Fair, O'Dell, Ryberg and Verdin: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES, AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
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Read the first time and referred to the Committee on Education.

S. 261 (Word version) -- Senators Knotts, Mescher and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645, SO AS TO INCORPORATE BY REFERENCE FOR PROPERTY TAX PURPOSES THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE USED IN THE MOTOR VEHICLE LICENSING AND REGISTRATION LAW AND INCREASE THE WEIGHT LIMIT FOR PICKUP TRUCKS FOR PURPOSES OF THIS DEFINITION AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM PROPERTY TAX A PERCENTAGE OF THE FAIR MARKET VALUE OF A MOTORCYCLE, NOT USED IN A TRADE OR BUSINESS, SUFFICIENT TO PRODUCE AN ASSESSED VALUE OF THE MOTORCYCLE EQUAL TO THE ASSESSED VALUE THAT WOULD APPLY IF THE MOTORCYCLE WERE INCLUDED WITHIN THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE.
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Read the first time and referred to the Committee on Finance.

S. 262 (Word version) -- Senators Sheheen, Grooms, Hutto, Rankin, Campsen and Setzler: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING

Printed Page 230 . . . . . Thursday, January 13, 2005

ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE MUNICIPALITY OR COUNTY IS AUTHORIZED TO CREATE A PROGRAM WITH THE APPROVAL OF THE SOLICITOR, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
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Read the first time and referred to the Committee on Judiciary.

S. 263 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF EMPLOYEES FROM THE WORKERS COMPENSATION TITLE, SO AS TO INCLUDE EMPLOYEES OF HORSE TRAINERS AS EXEMPT AGRICULTURAL EMPLOYEES.
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Read the first time and referred to the Committee on Judiciary.

S. 264 (Word version) -- Senators Fair, Martin, Bryant, Malloy and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT A COURT MAY DIRECT THAT AN INMATE NOT BE ALLOWED TO SERVE A LAWSUIT AGAINST ANY PERSON, AGENCY, OR ENTITY UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 265 (Word version) -- Senators Leatherman, Setzler, Alexander, Courson, Drummond, Anderson, Williams and Knotts: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE THE TERMS "CONTRABAND", "CRIMINAL GANG", "CRIMINAL GANG MEMBER", "PATTERN OF CRIMINAL GANG ACTIVITY", AND "GANG-RELATED INCIDENT", TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR

Printed Page 231 . . . . . Thursday, January 13, 2005

THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM ATTENDING OR GIVING TESTIMONY AT A TRIAL THAT CONCERNS OR RELATES TO CRIMINAL ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE THAT A PRIVATE BUILDING OR PLACE USED BY MEMBERS OF A CRIMINAL GANG TO ENGAGE IN A PATTERN OF CRIMINAL GANG ACTIVITY MAY BE THE SUBJECT OF AN INJUNCTION OR CAUSE OF ACTION FOR ABATEMENT OF A NUISANCE, TO PROVIDE THE PROCEDURE FOR SEEKING AN INJUNCTION OR ABATEMENT OF A NUISANCE, TO PROVIDE FOR A CIVIL CAUSE OF ACTION IN FAVOR OF THE STATE OF SOUTH CAROLINA, A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION, OR AN AGENCY OR INSTRUMENTALITY OF THEM, THAT SUSTAINS ANY DAMAGE, IMPAIRMENT, OR INJURY PROXIMATELY CAUSED BY A PATTERN OF CRIMINAL GANG ACTIVITY, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON IF THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES IT IS OR WILL BE USED IN A PATTERN OF CRIMINAL GANG ACTIVITY, TO PROVIDE A PROCEDURE FOR SEIZURE OF A FIREARM, AMMUNITION, OR DANGEROUS WEAPON, TO PROVIDE FOR NOTIFICATION OF THE SHERIFF AND CHIEF

Printed Page 232 . . . . . Thursday, January 13, 2005

OF POLICE WHEN A CRIMINAL GANG MEMBER IS RELEASED FROM JAIL, PRISON, OR A CORRECTIONS FACILITY, TO PROVIDE THAT THIS ARTICLE DOES NOT APPLY TO EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS, TO PROVIDE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE MAY ADOPT AND ENFORCE ORDINANCES CONSISTENT WITH THIS ARTICLE, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO INCLUDE THE VIOLENT GANG TERRORIST ORGANIZATION FILE AMONG THE NATIONAL CRIME INFORMATION CENTER DATA AVAILABLE FOR DIRECT ACCESS BY CRIMINAL JUSTICE AGENCIES, AND TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO MAINTAIN A RECORD OF ALL PERSONS WHO ARE FOUND TO BE CRIMINAL GANG MEMBERS IN THE VIOLENT GANG AND TERRORIST ORGANIZATION FILE.
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Read the first time and referred to the Committee on Judiciary.

S. 266 (Word version) -- Senators Hawkins, Campsen, Bryant, Gregory, Fair, Cromer, Hayes, Richardson, Elliott, Leventis and Ryberg: A BILL TO AMEND SECTION 2-1-180 OF THE 1976 CODE, RELATING TO THE ADJOURNMENT OF THE GENERAL ASSEMBLY, TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY.
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Read the first time and referred to the Committee on Judiciary.

S. 267 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER,

Printed Page 233 . . . . . Thursday, January 13, 2005

TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 268 (Word version) -- Senator Peeler: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 269 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR BY PROCLAMATION TO CONFIRM THE RANK OF BRIGADIER GENERAL JAMES WILLIAMS BESTOWED UPON HIM BY ACT OF THE SOUTH CAROLINA PROVINCIAL CONGRESS DURING THE AMERICAN REVOLUTION AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE LITTLE RIVER BRIDGE ON SOUTH CAROLINA HIGHWAY 560 IN LAURENS COUNTY AS THE "JAMES WILLIAMS MEMORIAL BRIDGE" TO HONOR THIS REVOLUTIONARY WAR HERO.
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Printed Page 234 . . . . . Thursday, January 13, 2005

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3122 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF RUSSELL STREET IN ORANGEBURG FOR JAMES E. SULTON, SR., AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND COMMITMENT TO WORKING WITHIN HIS COMMUNITY.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3123 (Word version) -- Reps. Clemmons, Viers and Toole: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF BEACH MUSIC TO THE CITIZENS OF SOUTH CAROLINA AND THE FUN AND ENTERTAINMENT IT PROVIDES, AND TO PROCLAIM APRIL 13, 2005, AS "BEACH MUSIC DAY" IN SOUTH CAROLINA.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 3266 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE

Printed Page 235 . . . . . Thursday, January 13, 2005

SOUTH CAROLINA GENERAL ASSEMBLY TO MR. MARSHALL CARITHERS FOR HIS EXEMPLARY SERVICE TO THE MILITARY, THE CITIZENS OF ANDERSON COUNTY, AND THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3269 (Word version) -- Reps. Ceips, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO PROCLAIM JULY 2005 "BEAUFORT WATER FESTIVAL MONTH" IN SOUTH CAROLINA IN RECOGNITION OF THE BEAUFORT WATER FESTIVAL'S HISTORIC FIFTIETH ANNIVERSARY.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 3270 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO COMMEND BEAUFORT COUNTY AND THE BEAUFORT COUNTY COUNCIL FOR BECOMING THE FIRST LOCAL JURISDICTION TO PARTNER WITH THE UNITED STATES OF AMERICA, THROUGH THE DEPARTMENT OF THE NAVY, IN PURCHASING A RESTRICTIVE EASEMENT TO PREVENT ENCROACHMENT UPON THE MARINE CORPS AIR STATION IN BEAUFORT AND ENCOURAGE OTHER LOCAL GOVERNMENTS ACROSS SOUTH CAROLINA AND THE NATION TO FOLLOW THIS PATRIOTIC EXAMPLE.

Printed Page 236 . . . . . Thursday, January 13, 2005

The Concurrent Resolution was introduced and referred to the General Committee.

H. 3282 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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 APPLAUD THE NEWLY FORMED SOUTH CAROLINA JUMP$TART COALITION FOR PERSONAL FINANCIAL LITERACY AND RECOGNIZE APRIL 11-15, 2005, AS "SOUTH CAROLINA FINANCIAL LITERACY WEEK".

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 3283 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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,

Printed Page 237 . . . . . Thursday, January 13, 2005

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 APPLAUD THE DENTAL CARE PROVIDERS AND AUXILIARIES IN SOUTH CAROLINA WHO PROVIDE FREE DENTISTRY TO THE NEEDIEST CHILDREN IN THE STATE ON THE FIRST FRIDAY OF FEBRUARY EACH YEAR AND TO RECOGNIZE FRIDAY, FEBRUARY 4, 2005, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY".

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 3292 (Word version) -- Rep. Wilkins: 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 26, 2005, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3293 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS CADMUS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 22, 2005.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 3294 (Word version) -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF VERETTA JOHNSON SABB, PHD. OF GREELEYVILLE ON NOVEMBER 25, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Printed Page 238 . . . . . Thursday, January 13, 2005

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3311 (Word version) -- Reps. E. H. Pitts and Haley: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS, TEACHERS, ADMINISTRATORS, AND STAFF OF MIDWAY ELEMENTARY SCHOOL IN LEXINGTON, SOUTH CAROLINA, ON THEIR SCHOOL'S RECOGNITION AS A NATIONAL BLUE RIBBON SCHOOL FOR 2004.

The Concurrent Resolution was adopted, ordered returned to the House.

HOUSE CONCURRENCE

S. 192 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, AND STAFF OF HAND MIDDLE SCHOOL IN RICHLAND DISTRICT ONE FOR BEING SELECTED TO RECEIVE THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS "CREATIVE TICKET-NATIONAL SCHOOL OF DISTINCTION" AWARD FOR THE 2003-2004 SCHOOL YEAR.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 254 (Word version) -- Senators McGill and Cleary: A BILL TO AMEND ACT 591 OF 1994, RELATING TO THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE GEORGETOWN LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.

By prior motion of Senator McGILL

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LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Beaufort County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Beaufort County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Nancy Doherty Sadler, Griffith, Sadler & Sharp, P. A., 600 Monson St., Beaufort, S.C. 29901-0570

Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Spartanburg County Probate Judge, with term to expire when a successor is appointed and qualified after the general election of 2006

Ponda Caldwell, 123 Englewood Dr., Inman, S.C. 29349
VICE: Raymond C. Eubanks

MOTION ADOPTED

On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Barbara Huggins Fennell of Kingstree, S.C.

ADJOURNMENT

At 11:47 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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