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 Job 34:4: "Let us discern for ourselves what is right; let us learn together what is good."
Let us pray. Mighty God, You have made us Your own. Help these men and women to discern what is right, what is noble and what is good for the people of this State whom they have a responsibility to serve. Grant them Your peace and give them courage, integrity and strength in their serving. Look in favor upon each one this day. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.

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

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

Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Blake Bishop of Barnwell, which was agreed to.

The House stood in silent prayer for the family of Representative Jefferson in the death of his sister, Ann Sonja Jefferson Turner.

Document No. 3103
Agency: Department of Labor, Licensing and Regulation, Board of Examiners in Optometry
Statutory Authority: 1976 Code Section 40-37-10
Practice of Optometry
Received by Speaker of the House of Representatives
January 30, 2007
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 30, 2007
Withdrawn and Resubmitted May 1, 2007

The following was received:

Columbia, S.C., May 1, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3097:

H. 3097 (Word version) -- Reps. Rice, Walker, G. R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D. C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION IS AUTHORIZED TO ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, TO PROVIDE REQUIREMENTS AND PROCEDURES FOR THE VIRTUAL SCHOOL PROGRAM, TO PROVIDE FOR CERTAIN ONLINE COURSE CREDITS, TO PROVIDE FOR THE STUDENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM AND FOR THE QUALIFICATIONS OF TEACHERS AND INSTRUCTORS IN THE PROGRAM, TO PROVIDE FOR AN ONLINE PILOT PROGRAM TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, TO PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY BY THE STATE DEPARTMENT OF EDUCATION ON THE PROGRAM AND FOR OTHER DUTIES OF THE DEPARTMENT OF EDUCATION IN REGARD TO THE PROGRAM, AND TO PROVIDE THAT IMPLEMENTATION OF THE PROGRAM IS CONTINGENT ON FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN A CHARTER SCHOOL APPLICATION IF THE CHARTER SCHOOL OFFERS A PROGRAM OF ONLINE OR COMPUTER INSTRUCTION, TO PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS, AND TO PROVIDE FOR OTHER DUTIES OR REQUIREMENTS OF THE CHARTER SCHOOL GOVERNING BODY AND THE CHARTER SCHOOL IN REGARD TO A PROGRAM OF ONLINE OR COMPUTER INSTRUCTION.

Very respectfully,
President
Received as information.

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

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

H. 3084 (Word version) -- Reps. Clemmons and Witherspoon: A BILL TO AMEND SECTION 56-16-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "MANUFACTURER", "DEALERSHIP FACILITIES", "FRANCHISE", AND "DEALER", AND TO PROVIDE DEFINITIONS FOR THE TERMS "MOTORCYCLE DEALERSHIP" AND "DEPARTMENT"; TO AMEND SECTION 56-16-40, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE EXISTING PROCEDURE AND ESTABLISH A NEW PROCEDURE; TO ADD SECTION 56-16-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO OWN, OPERATE, OR CONTROL A MOTORCYCLE DEALERSHIP OR TO ESTABLISH AN ADDITIONAL DEALER OR MOTORCYCLE DEALERSHIP UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO COMPETE UNFAIRLY WITH A MOTORCYCLE DEALER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO OWN A FACILITY THAT ENGAGES PRIMARILY IN THE REPAIR OF MOTORCYCLES; TO AMEND SECTION 56-16-50, RELATING TO THE COMPENSATION OF A MOTORCYCLE DEALER UPON TERMINATION, NONRENEWAL, OR CANCELLATION OF A FRANCHISE BY A MANUFACTURER OR DISTRIBUTOR, SO AS TO MAKE A TECHNICAL CHANGE, TO PROVIDE THAT THE PROVISIONS CONTAINED IN SECTION 56-16-45 ARE APPLICABLE TO THIS PROVISION, TO PROVIDE THAT THE MOTORCYCLE DEALER MUST BE COMPENSATED FOR THE REASONABLE GOOD WILL FOR THE FRANCHISE, AND TO REVISE THE CONDITIONS UPON WHICH A DEALER MAY BE COMPENSATED; TO ADD SECTION 56-16-85 SO AS TO PROVIDE THAT THE PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS APPLY TO ALL WRITTEN AND ORAL AGREEMENTS BETWEEN A MANUFACTURER, FACTORY BRANCH, DISTRIBUTOR BRANCH, DISTRIBUTOR, WHOLESALER, OR FRANCHISOR WITH A MOTORCYCLE DEALER; TO ADD SECTION 56-16-86 SO AS TO PROVIDE THAT A DEALERSHIP MAY CONTRACT WITH AN ON-LINE ELECTRONIC SERVICE TO PROVIDE MOTORCYCLES TO CONSUMERS IN THIS STATE; TO AMEND SECTION 56-16-100, RELATING TO CERTAIN PRACTICES ENGAGED IN BY A MANUFACTURER, FACTORY BRANCH, FACTORY REPRESENTATIVE, OR MOTORCYCLE DEALER WHICH ARE UNLAWFUL, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO WHOLESALERS AND WHOLESALER REPRESENTATIVES, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THE STANDARD OF PROOF THAT A MANUFACTURER MUST BEAR IN A PROCEEDING THAT ARISES PURSUANT TO THIS SECTION; TO AMEND SECTION 56-16-200, RELATING TO RELIEF AVAILABLE TO PERSONS INJURED PURSUANT TO THE PROVISIONS CONTAINED IN THIS CHAPTER, SO AS TO PROVIDE FOR ADDITIONAL INJUNCTIVE RELIEF, AND TO PROVIDE THAT PUNITIVE DAMAGES MAY BE AWARDED IF A DEFENDANT HAS ACTED IN BAD FAITH; TO ADD SECTION 56-16-205 SO AS TO PROVIDE FOR THE STATUTE OF LIMITATIONS FOR THE COMMENCEMENT OF AN ACTION THAT ARISES OUT OF A PROVISION RELATING TO THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; TO AMEND SECTION 56-16-210, RELATING TO CONTRACTS THAT VIOLATE THE PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO PROVIDE THAT THIS STATE'S LAW APPLIES TO ANY FRANCHISE FOR A DEALERSHIP LOCATED IN THIS STATE, AND THAT VENUE IS IN THIS STATE FOR AN ACTION BROUGHT PURSUANT TO THESE PROVISIONS; AND TO REPEAL SECTION 56-16-70, RELATING TO A DEALER'S VOLUNTARY CANCELLATION, NONRENEWAL, OR TERMINATION OF A FRANCHISE AGREEMENT.
Ordered for consideration tomorrow.

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

H. 3820 (Word version) -- Reps. Cato, Viers, Clemmons, Bales, Hardwick, Miller, Haley, Perry, Leach, Anderson, Witherspoon, Barfield, Battle, Dantzler, Edge and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "OMNIBUS COASTAL PROPERTY INSURANCE REFORM ACT OF 2007"; BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 12 SO AS TO ALLOW AN INSURANCE POLICYHOLDER TO ESTABLISH A CATASTROPHE SAVINGS ACCOUNT, TO DEFINE QUALIFIED CATASTROPHE SAVINGS EXPENSES AND QUALIFIED DEDUCTIBLE, AND TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR DEPOSITS MADE INTO A CATASTROPHE SAVINGS ACCOUNT; BY ADDING SECTION 12-6-3660 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR COSTS INCURRED TO RETROFIT A LEGAL RESIDENCE TO MAKE IT MORE RESISTANT TO LOSS DUE TO HURRICANE, RISING WATER, OR OTHER CATASTROPHIC WIND EVENT; BY ADDING SECTION 12-6-3670 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO THE INSURANCE PREMIUM COSTS INCURRED BY THE TAXPAYER; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A THREE PERCENT SALES TAX ON SPECIFIED BUILDING MATERIALS USED ON HOMES TO MITIGATE DAMAGE FROM WIND; TO DESIGNATE SECTIONS 38-3-10 THROUGH 38-3-240 AS ARTICLE 1, CHAPTER 3, TITLE 38 AND ENTITLED "GENERAL PROVISIONS"; BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 38 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE HAS AUTHORITY TO ISSUE GENERAL ORDERS APPLICABLE TO ALL INSURANCE COMPANIES AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY; TO PROVIDE THAT THE DEPARTMENT BY ORDER, MAY ADOPT ANY RULE THAT FACILITATES RECOVERY FROM THE EMERGENCY; TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES STANDARDIZING REQUIREMENTS THAT MAY BE APPLIED TO INSURERS AFTER A HURRICANE, ADDRESSING CLAIMS REPORTING REQUIREMENTS, GRACE PERIODS FOR PAYMENT OF PREMIUMS, TEMPORARY POSTPONEMENT OF CANCELLATIONS AND NONRENEWAL, AND ANY OTHER RULE THE DIRECTOR CONSIDERS NECESSARY; BY ADDING SECTION 38-7-200 SO AS TO ALLOW TAX CREDIT INCENTIVES TO INSURANCE COMPANIES THAT PROVIDE FULL INSURANCE COVERAGE TO PROPERTY OWNERS ALONG THE COAST OF SOUTH CAROLINA, SPECIFYING THE AMOUNT OF THE CREDIT, AND ALLOWING UNUSED CREDITS TO BE APPLIED IN SUCCEEDING TAXABLE YEARS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-75-755 SO AS TO REQUIRE INSURERS TO DISCLOSE ALL AVAILABLE DISCOUNTS TO THE INSURED; TO AMEND SECTION 38-73-260, AS AMENDED, SO AS TO CLARIFY THAT RATES FALLING WITHIN THE SEVEN PERCENT FLEX-BAND LIMITATION REMAIN SUBJECT TO THE PROHIBITION AGAINST RATES NOT BEING EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY AND THAT THE DEPARTMENT MAY CONSIDER THE RATE IMPACT ON INDIVIDUALS AND TERRITORIES WHEN DETERMINING WHETHER A RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY; TO AMEND SECTION 38-73-1095, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE DISCOUNTS FOR RETROFITTING PROPERTY; TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO CLARIFY THE DEFINITIONS OF INSURABLE PROPERTY AND COASTAL AREA RELATING TO ELIGIBILITY FOR COVERAGE BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO CLARIFY THE PURPOSE OF ARTICLE 5; TO CLARIFY THAT THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION SHALL PROVIDE WIND AND HAIL INSURANCE FOR RESIDENTIAL AND COMMERCIAL PROPERTY TO APPLICANTS UNABLE TO PROCURE IT IN THE COASTAL AREAS OF THIS STATE; TO PROVIDE INFORMATION THAT MUST BE ADDRESSED IN THE PLAN OF OPERATION; TO MAKE TECHNICAL CHANGES; TO PROVIDE FOR ADDITIONAL GENERAL CORPORATE POWERS AND DUTIES FOR THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO PROVIDE THAT RATES CHARGED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION BE ESTABLISHED AT A SELF-SUSTAINING LEVEL; TO PROVIDE OBJECTIVE STANDARDS FOR EXPANDING THE TERRITORY COVERED BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION; TO AMEND ARTICLE 8, CHAPTER 75, TITLE 38, RELATING TO THE ADVISORY COMMITTEE TO THE DIRECTOR AND THE SOUTH CAROLINA BUILDING CODES COUNCIL AND LOSS MITIGATION GRANT PROGRAM, SO AS TO MODIFY THE MEMBERSHIP OF THE ADVISORY COMMITTEE AND TO CLARIFY THAT THE CONTINUED EXISTENCE OF THE PROGRAM IS SUBJECT TO ANNUAL LEGISLATIVE APPROPRIATIONS; TO CLARIFY THAT THE PURPOSE IS TO PROVIDE FOR ONGOING TRAINING FOR INSPECTORS AND FOR OTHER PURPOSES CONSISTENT WITH THE ARTICLE; TO ESTABLISH THE "SOUTH CAROLINA HURRICANE GRANT DAMAGE MITIGATION PROGRAM" WHICH PROVIDES FOR A GRANT PROGRAM FOR THE MITIGATION OF DAMAGE TO OR THE ENHANCEMENT OF MANUFACTURED HOMES; TO PROVIDE FOR MATCHING GRANTS TO ENCOURAGE SINGLE-FAMILY SITE-BUILT HOMES TO RETROFIT TO REDUCE THE STRUCTURE'S VULNERABILITY TO A HURRICANE; TO PROVIDE MATCHING GRANT FUNDS TO LOCAL GOVERNMENTS FOR PROJECTS THAT REDUCE HURRICANE DAMAGE TO SINGLE-FAMILY SITE-BUILT RESIDENTIAL PROPERTY; TO PROVIDE THAT IN ADDITION TO STATE APPROPRIATIONS AND OTHER POTENTIAL GRANT FUNDS, THE PREMIUM TAXES PAID BY THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION AND ONE PERCENT OF THE COMMISSIONS PAID TO PRODUCERS MUST BE USED TO FUND THIS PROGRAM ANNUALLY; TO AMEND SECTION 38-75-1140, RELATING TO THE EVALUATION OF NATURAL HAZARD CATASTROPHE MODELS AND REQUIREMENTS FOR MODELING ORGANIZATIONS, SO AS TO REQUIRE MODELERS TO PROVIDE THE DEPARTMENT WITH A LIST OF VARIABLES THAT ARE SUBJECT TO INSURER INPUT WITH THEIR FILING AND TO PROVIDE THAT THE DEPARTMENT MAY IMPOSE A FEE ON MODELERS AND INSURERS TO RECOVER THE COSTS OF EVALUATING HURRICANE MODELS; AND TO AMEND SECTION 38-75-1160, RELATING TO NOTICE REQUIREMENTS AND EXCEPTIONS BEFORE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE, SO AS TO INCREASE THE TIME PERIOD FOR NOTIFYING AN INSURED OF THE CANCELLATION OR REFUSAL TO RENEW A POLICY OF INSURANCE.
Ordered for consideration tomorrow.

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

H. 3880 (Word version) -- Reps. W. D. Smith, Hagood, Mitchell and McLeod: A BILL TO AMEND ARTICLE 7, CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM, SO AS TO REVISE THE LIABILITY PROTECTION PROVIDED TO PARTIES WHO ARE NOT RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY AND WHO SUBSEQUENTLY BECOME RESPONSIBLE FOR THE PROPERTY; TO FURTHER SPECIFY THE SCOPE OF A COVENANT NOT TO SUE PROVIDED TO PARTIES WHO ARE RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY; TO SPECIFY THAT PROPERTY ON TO WHICH A RELEASE OF PETROLEUM PRODUCTS OCCURRED IS PROPERTY ELIGIBLE FOR PARTICIPATION IN THIS VOLUNTARY CLEANUP PROGRAM; TO FURTHER SPECIFY THE CONTENTS OF A VOLUNTARY CLEANUP CONTRACT AND GROUNDS FOR TERMINATION OF THE CONTRACT; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE GENERAL ASSEMBLY ON THE ACTIVITIES OF THIS PROGRAM; AND TO CONFORM PROVISIONS IN THIS ARTICLE TO THE REVISIONS MADE PURSUANT TO THIS ACT.
Ordered for consideration tomorrow.

The following was introduced:

H. 4008 (Word version) -- Reps. R. Brown, Harrell, Young, Breeland, Chellis and Knight: A HOUSE RESOLUTION JOINING THE CONGREGATION AND FRIENDS OF BETHEL AME CHURCH OF SUMMERVILLE ON THE JOYFUL OCCASION OF THE DEDICATION OF THEIR NEW SANCTUARY BUILDING A MERE TWO YEARS AFTER THE TRAGIC LOSS OF THE FORMER BUILDING TO FIRE.

The Resolution was adopted.

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

H. 4009 (Word version) -- Rep. Merrill: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE STUDENTS, STAFF, AND SPONSORS OF TEENPACT ON FRIDAY, MAY 11, 2007, FROM 12:00 NOON UNTIL 4:00 P.M., TO ALLOW TEENPACT STUDENTS TO CONDUCT THEIR ANNUAL MEETING.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the students, staff, and sponsors of TeenPact on Friday, May 11, 2007, from 12:00 noon until 4:00 p.m., to allow TeenPact students to conduct their annual meeting. If the House of Representatives is in statewide session or if the House Chamber is otherwise unavailable, the House Chamber may not be used on this date.

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that a copy of this resolution be forwarded to Mr. Jonathan Morris of TeenPact.

The Resolution was adopted.

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

H. 4010 (Word version) -- Rep. Bedingfield: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MAULDIN HIGH SCHOOL ROBOTICS TEAM AND ITS COACHES AND SPONSORS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THE TEAM FOR ITS FIRST-PLACE DIVISION FINISH AND THIRD-PLACE OVERALL FINISH IN THE 2007 FIRST WORLD ROBOTICS CHAMPIONSHIP EVENT.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Mauldin High School robotics team and its coaches and sponsors, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending the team for its first-place division finish and third-place overall finish in the 2007 FIRST World Robotics Championship event.

The Resolution was adopted.

The following was introduced:

H. 4011 (Word version) -- Rep. Bedingfield: A HOUSE RESOLUTION TO CONGRATULATE THE MAULDIN HIGH SCHOOL ROBOTICS TEAM OF GREENVILLE COUNTY ON ITS FIRST-PLACE DIVISION FINISH AND THIRD-PLACE OVERALL FINISH IN THE 2007 FIRST WORLD ROBOTICS CHAMPIONSHIP EVENT.

The Resolution was adopted.

The following was introduced:

H. 4012 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 28 IN ABBEVILLE COUNTY FROM THE MCCORMICK COUNTY LINE TO THE ANDERSON COUNTY LINE THE "173D AIRBORNE BRIGADE (SEP) SKY SOLDIERS MEMORIAL HIGHWAY VIETNAM 1965-1971" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "173D AIRBORNE BRIGADE (SEP) SKY SOLDIERS MEMORIAL HIGHWAY VIETNAM 1965-1971".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4013 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 72 IN ABBEVILLE COUNTY FROM ITS INTERSECTION WITH SECONDARY HIGHWAY S-1-139 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 28 "SERGEANT DANNY WILSON AND CONSTABLE DONNIE OUZTS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "SERGEANT DANNY WILSON AND CONSTABLE DONNIE OUZTS MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4014 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR MRS. ETHEL L. WESTON OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY, AND TO WISH HER A JOYOUS CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.

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

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

H. 4015 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 39-5-38, RELATING TO DECEPTIVE OR MISLEADING ADVERTISEMENT OF A LIVE MUSICAL PERFORMANCE, SO AS TO DEFINE A SOUND RECORDING, AND TO PROVIDE CERTAIN EXEMPTIONS, REMEDIES, AND A FINE.
On motion of Rep. G. M. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4016 (Word version) -- Reps. Knight, Hosey, Williams, Gullick, Brantley, Moss, Stavrinakis, Bowen, G. Brown, Chellis, Duncan, Haskins, Hinson, Howard, Jefferson, Neilson, J. R. Smith, Spires and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLES 101, 102, AND 103 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "OPERATION DESERT STORM-DESERT SHIELD VETERAN" LICENSE PLATES, "OPERATION ENDURING FREEDOM VETERAN" LICENSE PLATES, AND "OPERATION IRAQI FREEDOM VETERAN" LICENSE PLATES.
Referred to Committee on Education and Public Works

H. 4017 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 11-35-5270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SMALL AND MINORITY BUSINESS ASSISTANCE OFFICE, SO AS TO PROVIDE THAT IT SHALL NOT IMPOSE A MINIMUM AMOUNT OF TIME FOR WHICH A BUSINESS MUST OPERATE BEFORE BECOMING ELIGIBLE FOR CERTIFICATION AS A MINORITY FIRM IN THIS STATE.
Referred to Committee on Ways and Means

H. 4018 (Word version) -- Reps. E. H. Pitts, Toole and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-515 SO AS TO PERMIT AMERICAN INDIAN ARTISTS WHO ARE MEMBERS OF A TRIBE RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO ADVERTISE AND SELL THEIR ARTS AND CRAFTS CONTAINING WILD TURKEY FEATHERS UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary

H. 4019 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO FEDERALLY APPROVED CHILD SUPPORT PLANS, SO AS TO CHANGE A REFERENCE FROM "AID TO FAMILIES WITH DEPENDENT CHILDREN" TO "TEMPORARY ASSISTANCE TO NEEDY FAMILIES" AND TO MAKE OTHER TECHNICAL CORRECTIONS.
Referred to Committee on Judiciary

H. 4020 (Word version) -- Rep. Barfield: A BILL TO AMEND SECTION 59-136-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD ONLY MEET IN CONWAY, AND TO ADD SECTION 59-136-160 SO AS TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN THE UNIVERSITY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".
Referred to Committee on Ways and Means

H. 4021 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-17-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COCKFIGHTING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE.
Referred to Committee on Judiciary

H. 4022 (Word version) -- Reps. R. Brown, Allen, Bales, G. Brown, Davenport, Kirsh, Littlejohn, Mack, Mitchell, Neilson, Scott and F. N. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-285 SO AS TO ALLOW COSMETOLOGISTS, ESTHETICIANS, AND MANICURISTS TO PRACTICE IN BARBERSHOPS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4023 (Word version) -- Reps. Umphlett, Witherspoon, Dantzler, Frye, Jefferson, Merrill and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-221 SO AS TO REVISE THE NUMBER AND SIZE OF STRIPED BASS (ROCKFISH) WHICH MAY BE TAKEN OR POSSESSED PER DAY IN LAKE MARION, LAKE MOULTRIE, AND THE DIVERSION CANAL DURING SPECIFIED PERIODS, TO PROVIDE FOR CATCH AND RELEASE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-13-222 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2007, AND CONTINUING FOR A PERIOD OF FIVE YEARS UNTIL JUNE 30, 2012, THE DEPARTMENT OF NATURAL RESOURCES SHALL PLACE AT LEAST SEVENTY-FIVE PERCENT OF ALL STRIPED BASS FINGERLINGS AND FRY IT RAISES OR PROCURES EACH FISCAL YEAR IN LAKES MARION AND MOULTRIE WITH THE BALANCE PLACED IN OTHER LAKES AND RIVERS IN THE STATE; TO AMEND SECTION 50-13-220, AS AMENDED, RELATING TO DAILY CATCH LIMITS OF FIVE STRIPED BASS IN CERTAIN WATERS OF THIS STATE, SO AS TO DELETE LAKE MARION, LAKE MOULTRIE, AND DIVERSION CANAL FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 50-13-230, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO REVISE STRIPED BASS LIMITS, SO AS TO INCLUDE SECTION 50-13-221 WITHIN THIS SECTION; AND TO AMEND SECTION 50-13-235, AS AMENDED, REQUIRING STRIPED BASS TAKEN FROM CERTAIN WATERS TO BE AT LEAST TWENTY-ONE INCHES IN SIZE, SO AS TO DELETE LAKE MARION AND LAKE MOULTRIE FROM THE PROVISIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Edge
Frye                   Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, May 2.

Ralph Davenport                   Chip Huggins
Denny Neilson                     Fletcher Smith
Walton McLeod                     Patsy Knight

Rep. CEIPS signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Tuesday, May 1.

Announcement was made that Dr. Benjamin Nicholson of Edgefield was the Doctor of the Day for the General Assembly.

Rep. HAYES presented to the House the Latta High School "Lady Vikings" Basketball Team, the 2006-2007 Class A Champions, their coaches and other school officials.

Reps. J. H. NEAL and BALES presented to the House the Lower Richland High School "Lady Diamonds" Varsity Girls Basketball Team, the 2006-2007 Class AAAA Champions, their coaches and other school officials.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3042 (Word version)
Date:   ADD:
05/02/07   HINSON

Bill Number:   H. 3262 (Word version)
Date:   ADD:
05/02/07   J. H. NEAL

Bill Number:   H. 3615 (Word version)
Date:   ADD:
05/02/07   TOOLE

Bill Number:   H. 3763 (Word version)
Date:   ADD:
05/02/07   TOOLE

Bill Number:   H. 3964 (Word version)
Date:   ADD:
05/02/07   RICE

Bill Number:   H. 3964 (Word version)
Date:   ADD:
05/02/07   OWENS

The motion of Rep. COTTY to reconsider the vote whereby the following Bill was given a second reading was taken up and agreed to:

S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 3510 (Word version) -- Reps. Vick, M. A. Pitts, Lowe and Bedingfield: A BILL TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF THE STAMPS AND THE MANNER THEY ARE SOLD; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.

H. 3812 (Word version) -- Reps. G. M. Smith, Weeks and Ceips: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS.

H. 3781 (Word version) -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD AND PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.

H. 3990 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3096, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3991 (Word version) -- Reps. McLeod, Haley, Toole, Spires, Huggins, Ott, E. H. Pitts, Bingham, Ballentine and Frye: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS OF LEXINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M. A. Pitts, G. M. Smith, J. R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.

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

S. 348 (Word version) -- Senators Hutto and Land: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST SIX AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND MUST ALSO MEET AGE REQUIREMENTS SPECIFIC TO THE VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

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

S. 597 (Word version) -- Senators Campsen, Hutto, Bryant, Verdin and Grooms: A BILL TO AMEND SECTION 50-9-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR YOUTH HUNTING DAYS, SO AS TO PROVIDE THAT A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE MAY BE A YOUTH HUNTER.

S. 448 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-360 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR ATTEMPT TO TAKE ELK EXCEPT AS PERMITTED BY REGULATION OF THE DEPARTMENT AND TO PROVIDE PENALTIES FOR VIOLATION.

S. 613 (Word version) -- Senators Grooms, Verdin, Leventis and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-85 SO AS TO PROVIDE THAT A PHYTOSANITARY CERTIFICATE OR A PERMIT MAY BE ISSUED BY AN INSPECTOR FOR INTRASTATE AND INTERSTATE SHIPMENTS OF CONIFER AND HARDWOOD SEEDLINGS TO VERIFY THAT THEY ARE APPARENTLY FREE OF PESTS AND DISEASES, AND TO PROVIDE THAT TO ENSURE PEST AND DISEASE-FREE PLANT MATERIAL, THE PREFERRED METHOD OF TREATMENT IS FUMIGATION USING METHYL BROMIDE IN SEEDLING PLANT BEDS PRIOR TO SEEDING.

S. 625 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO INTRASTATE MOVEMENT OF CERTAIN ANIMALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3108, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 576 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

The following Bill was taken up:

S. 243 (Word version) -- Senators Setzler, Leatherman, Fair and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND", TO AUTHORIZE THE SOUTH CAROLINA RESEARCH AUTHORITY TO ADMINISTER SUBGRANTS FOR THE PURPOSE OF PROMOTING THE DEVELOPMENT OF HYDROGEN PRODUCTION, TO ALLOW THE FUND TO RECEIVE DONATIONS, GRANTS, AND OTHER FUNDING AS PROVIDED BY LAW, TO ALLOW A TAXPAYER WHO MAKES A CONTRIBUTION TO THE FUND TO RECEIVE A TAX CREDIT SUBJECT TO CERTAIN LIMITATIONS, TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR EQUIPMENT OR MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR USED TO DISTRIBUTE HYDROGEN AND FOR EQUIPMENT AND MACHINERY USED PREDOMINATELY FOR RESEARCH AND DEVELOPMENT INVOLVING HYDROGEN OR FUEL CELL TECHNOLOGIES, AND TO ALLOW A SALES TAX EXEMPTION FOR BUILDING MATERIALS, MACHINERY, OR EQUIPMENT USED TO CONSTRUCT A NEW OR RENOVATED BUILDING LOCATED IN A RESEARCH DISTRICT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7257SSP07), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety and inserting:
/ SECTION   2.   Title 11 of the 1976 Code is amended by adding:

Section 11-46-10.   This chapter may be cited as the 'South Carolina Hydrogen Infrastructure Development Act'.

Section 11-46-20.   (A)   There is established in the State Treasury a separate and distinct fund known as the 'South Carolina Hydrogen Infrastructure Development Fund'. The revenues of the fund must be distributed in the form of grants to the South Carolina Research Authority (authority) and used for the purpose of promoting the development and deployment of hydrogen production, storage, distribution, and dispensing infrastructure and related products and services that enable the growth of hydrogen and fuel cell technologies in the State, either by the authority or a grantee. Unexpended revenues in this fund carry forward into succeeding fiscal years through June 30, 2012, and earnings in this fund must be credited to it.

(B)   The General Assembly must not appropriate more than a total of fifteen million dollars in grants as provided for in Section 11-46-30(B). Grants may not be made after June 30, 2012. Revenues remaining in the fund after that date, regardless of source, lapse to the general fund of the State.

(C)   The authority shall implement and manage the application for grants. The authority shall administer the fund and provide grants for any purpose that furthers the creation of a sustainable foundation upon which a hydrogen economy may develop across the State including, but not limited to, a demonstration project, pilot project, and the purchase of machinery and equipment. The authority may charge an applicant a maximum of three percent of the administrative costs for managing the grant process. The authority, upon consultation with the South Carolina Hydrogen and Fuel Cell Alliance, the University of South Carolina's Fuel Cell Center of Excellence, Clemson University, South Carolina State University's Clyburn Transportation Center, the Savannah River National Laboratory, the Center for Hydrogen Research, the Medical University of South Carolina, and the Columbia Innovation Center, shall establish guidelines for the application for and approval of grants, including specific objectives that an applicant must meet to receive a grant. The executive committee of the authority has the ultimate authority to determine any matter relating to the fund and to the application of fund proceeds including, but not limited to, the approval of grants.

(D)   Grants distributed from the fund are subject to the procurement procedures followed by the authority.

(E)   Appropriations made to the fund pursuant to Section 11-46-30(B) may be distributed as grants only to the extent that there is a dollar-for-dollar match, in cash or in kind, from a source other than the State. However, the executive committee of the authority, based on the merits of a grant proposal and its projected economic benefit, may reduce or eliminate the matching requirement on a case-by-case basis.

(F)   The authority shall make and implement all final decisions concerning any matter provided for in this chapter; however, a grant must not be made to the authority without approval by the Secretary of Commerce.

Section 11-46-30.   (A)   The South Carolina Hydrogen Infrastructure Development Fund may receive donations, grants, and any other funding as provided by law. A taxpayer making a contribution to the fund is allowed a tax credit provided pursuant to Section 12-6-3630.

(B)   The South Carolina Hydrogen Infrastructure Development Fund may receive appropriations from the general fund of the State up to the following amounts in the fiscal years indicated:

(1)   seven million dollars for the fiscal year 2007-08;

(2)   five million dollars for fiscal year 2008-09;

(3)   three million dollars for fiscal year 2009-10.

Section 11-46-40.   The South Carolina Research Authority shall submit an annual report to the Governor and the General Assembly containing at a minimum the following:

(1)   the total amount of monies placed in the fund in a fiscal year and the total amount of monies granted from the fund in a fiscal year;

(2)   a list of the applicants that received grants and the applicant's stated objectives;

(3)   an audit of the activities conducted by the applicants;

(4)   the monies used by the authority for administration and management and the percentage of each grant used for administration and management;

(5)   the progress achieved by the authority and the fund in creating a sustainable foundation upon which a hydrogen economy may develop across the State; and

(6)   the certified gross profits earned by grant recipients provided pursuant to Section 11-46-60.

Section 11-46-50.   Each state agency head shall require the agency's procurement officer, or other state employee authorized to purchase equipment or machinery for the agency, to consider purchasing equipment or machinery operated by hydrogen or fuel cells, or both of them, if available and cost-effective.

Section 11-46-60.   Two percent of the gross profits derived from the sale of hydrogen and fuel cell products or services developed by a grant recipient, organized and operating as a for-profit business entity, must be annually remitted to the fund through June 30, 2012, until the full amount of the original grant has been repaid to the fund. Thereafter, if the full amount of the original grant has not been repaid, two percent of the gross profits must be annually remitted to the State Treasurer and transferred to the general fund of the State until repaid. The Department of Revenue shall promulgate regulations to determine and certify gross profits.

Section 11-46-70.   The authority or a nonprofit affiliate designated by the authority may implement the provisions of this chapter. A designated nonprofit affiliate shall establish a separate and distinct fund. Monies provided to the affiliate fund must be subject to the same conditions and requirements provided by law that apply to a fund established by the authority. Grants from the affiliate fund must be made with the consent of the executive committee of the authority. The provisions of this chapter and Section 12-6-3630 apply to the affiliate fund." /
Amend the bill further, as and if amended, by adding an appropriately numbered Section to read:
/   SECTION   __.   A.   Chapter 14, Title 12 of the 1976 Code is amended by adding:

"Section 12-14-80.   (A)   There is allowed an economic impact zone tax credit pursuant to Section 12-14-60 for qualifying investments made by a manufacturer which:

(1)   is engaged in this State in at least one economic impact zone, as defined in Section 12-14-30(1), in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 326;

(2)   is employing five thousand or more full-time workers in this State and having a total capital investment in this State of not less than eight hundred fifty million dollars; and

(3)   invests an additional three hundred fifty million dollars in this State before July 1, 2011.

(B)   A taxpayer that qualifies for the tax credit allowed by this section may claim the credit earned pursuant to this section and credits earned pursuant to Section 12-6-3360 in the manner provided pursuant to Sections 12-6-3360 and 12-14-60, or as a credit in an amount equal to not more than fifty percent of the employee's withholding on the taxpayer's quarterly estimated state income tax returns. To claim the credit against the employee's withholding, the taxpayer must be in compliance with its withholding tax and other taxes due to the State."
B.   This act takes effect July 1, 2007, and applies for capital investments placed in service outside of an economic impact zone after June 30, 2007, and for quarterly state withholding returns due on and after that date.   /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ___.   A.   Section 12-36-2120 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately numbered item at the end to read:

"( )   an amusement park ride and any parts, machinery, and equipment used to assemble, operate, and make up an amusement park ride or performance venue facility located in a qualifying amusement park or theme park and any related or required machinery, equipment, and fixtures located in the same qualifying amusement park or theme park.

(a)   To qualify for the exemption, the taxpayer shall meet the investment and job requirements provided in subsubitem (i) of subitem (b) over a five-year period beginning on the date of the taxpayer's first use of this exemption. The taxpayer shall notify the Department of Revenue of its intent to qualify and use this exemption and upon receipt of the notification, the department shall issue an appropriate exemption certificate to the taxpayer to be used for qualifying purposes under this item. Within six months after the fifth anniversary of the taxpayer's first use of this exemption, the taxpayer shall notify the department, in writing, that it has or has not met the investment and job requirements of this item. If the taxpayer fails to meet the investment and job requirements, the taxpayer shall pay to the State the amount of the tax that would have been paid but for this exemption. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for this time period beginning with the taxpayer's first use of this exemption and ending with notice to the department that the taxpayer has or has not met the investment and job requirements of this item.

(b)   For purposes of this item:

(i)     'Qualifying amusement park or theme park' means a park that is constructed and operated by a taxpayer who makes a capital investment of at least two hundred fifty million dollars at a single site and creates at least two hundred fifty full-time jobs and five hundred part-time or seasonal jobs.

(ii)   'Related or required machinery, equipment, and fixtures' means an ancillary apparatus used for or in conjunction with an amusement park ride or performance venue facility, or both, including, but not limited to, any foundation, safety fencing and equipment, ticketing, monitoring device, computer equipment, lighting, music equipment, stage, queue area, housing for a ride, electrical equipment, power transformers, and signage.

(iii)   'Performance venue facility' means a facility for a live performance, nonlive performance, including any animatronics and computer-generated performance, and firework, laser, or other pyrotechnic show.

(iv)   'Taxpayer' means a single taxpayer or, collectively, a group of one or more affiliated taxpayers. An 'affiliated taxpayer' means a person or entity related to the taxpayer that is subject to common operating control and that is operated as part of the same system or enterprise. The taxpayer is not required to own a majority of the voting stock of the affiliate."
B.   Notwithstanding the general effective date of this act, subsection A. of this section takes effect on the first day of the month succeeding the month in which this act is approved by the Governor. /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.   Section 13-17-40(B)(1) of the 1976 Code, as last amended by Act 319 of 2006, is further amended to read:

"(1)   The President of Clemson University, President of the Medical University of South Carolina, President of the University of South Carolina at Columbia, the Governor or his designee, the Chairman of the House Ways and Means Committee's designee, the Chairman of the Senate Finance Committee's designee, and the chairman of the board of trustees shall serve as the executive committee of the board of trustees. The executive committee has all powers and authority of the board of trustees. The board shall have an advisory role only and shall advise the executive committee of the actions recommended by the board." /
Renumber sections to conform.
Amend title to conform.

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

Reps. HARRELL and COOPER proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7264SSP07), which was adopted:
Amend the bill, as and if amended, Section 12-14-80(B) as found on page 7 of the committee report, by deleting in the first sentence, the words / estimated state income / and inserting / withholding /
Renumber sections to conform.
Amend title to conform.

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

Rep. KIRSH proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\9999SSP07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   A.   Section 11-45-30(10) and (15) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:

"(10)   'Lender' means a banking institution subject to the income tax on banks under Chapter 11 of Title 12, an insurance company subject to a state premium tax liability under pursuant to Chapter 7 of Title 38, a captive insurance company regulated under pursuant to Chapter 90 of Title 38, a utility regulated under pursuant to Title 58, or any other person approved by the authority pursuant to guidelines and regulations established by the authority pursuant to Section 11-45-100 a financial institution with proven experience in state-based venture capital transactions.

(15)   'Designated investor group' means any a person who enters into a designated investor contract with the authority pursuant to Section 11-45-50.

(16)   'Interest' means interest on the outstanding balance owed or owing to a lender by a designated investor group under such calculations, terms, or conditions as determined by the authority, provided that the method of calculating interest may be included in the tax credit certificates to the extent that the authority considers the information necessary or appropriate."
B.   Section 11-45-50(B)(1) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:

"(1)   Each designated investor group selected pursuant to subsection (A)(3) of this section shall enter into a designated investor contract with the authority, which designated investor contract shall must contain those any investment guidelines and those other terms and conditions as the authority may deem considers necessary, advisable, or appropriate.
C.   Section 11-45-55(B) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:

"(B)   The authority shall issue tax credit certificates to each lender contemporaneously with each loan made pursuant to this chapter in accordance with any guidelines and regulations established by the authority pursuant to Section 11-45-100. These guidelines and regulations shall relate to and govern, among other things, The tax credit certificates must describe procedures for the issuance, transfer and redemption of the certificates, and related tax credits. These certificates shall state also must describe the amounts, year, and conditions for redemption of the tax credits reflected on the certificates. Once a loan is made by a lender, the certificate issued to the lender shall be binding on the authority and this State and may not be modified, terminated, or rescinded."
D.   Section 11-45-70(2)(a) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:

"(a)   While each designated investor group shall give preference to investors, otherwise qualified, that agree to maintain either a headquarters or an office staffed by an investment professional in South Carolina, investments may be made with investors not principally located in South Carolina; provided, that if the investors are otherwise qualified under pursuant to this chapter and, together with related companies, have other venture capital investments in South Carolina or in South Carolina based companies or can provide evidence to the authority of prior investments in South Carolina or South Carolina based companies at least equal to the total amount of monies placed with that investor by the designated investor group." /
Renumber sections to conform.
Amend title to conform.

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

Rep. HARRELL proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\20313SD07), which was adopted:
Amend the bill, as and if amended, by striking Section 11-46-30(B) of the 1976 Code, as contained in SECTION 2, and inserting:
/   (B)   The General Assembly shall appropriate from the general fund of the State the following minimum amounts to the South Carolina Hydrogen Infrastructure Development Fund in the fiscal years indicated:

(1)     seven million dollars for fiscal year 2007-2008;

(2)     five million dollars for fiscal year 2008-2009;

(3)     three million dollars for fiscal year 2009-2010./
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up:

S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.

Rep. COTTY proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11624AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 1 of the bill and inserting:
/SECTION   1.   Section 12-37-224 of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:

"Section 12-37-224.   A motor home, a boat or watercraft, or trailer used for camping and recreational travel that is pulled by a motor vehicle on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes. By ordinance, the governing body of a county may extend the provisions of this section to a boat that meets the same qualifications required for motor homes pursuant to this section. The fair market value of a motor home, a boat or watercraft, or trailer used for camping and recreational travel that is pulled by a motor vehicle classified for property tax purposes as a primary or second residence pursuant to this section must be determined in the manner that motor vehicles are valued for property tax purposes."/
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up:

H. 3977 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 44-2-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERB FUND, SO AS TO DELETE THE REQUIREMENT THAT THE UNDERGROUND STORAGE TANK REGISTRATION AND ANNUAL RENEWAL FEE BE ONE HUNDRED DOLLARS; AND TO AMEND SECTION 44-2-60, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS AND CERTAIN FEES, SO AS TO PROVIDE THE AMOUNT OF REGISTRATION AND LATE FEE REVENUE USED FOR ADMINISTRATION MAY NOT EXCEED THE TOTAL AMOUNT COLLECTED FROM SUCH FEES ANNUALLY, AMONG OTHER THINGS.

Rep. DUNCAN proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7295AB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 44-2-40(D) of the 1976 Code is amended to read:

"(D)   The Superb Account and the Superb Financial Responsibility Fund shall provide combined coverage for site rehabilitation and third party claims, respectively, not to exceed one million dollars per occurrence. The estimated cost of site rehabilitation must be reserved from the combined coverage before payment of third party claims.

The underground storage tank owner or operator must be responsible for the first twenty-five thousand dollars per occurrence for releases of petroleum and petroleum products from underground storage tanks reported to the department subsequent to July 1, 1993.

Nothing in this chapter establishes or creates any liability or responsibility on the part of the department or the State as administrators of the Superb Account and the Superb Financial Responsibility Fund to pay any costs for site rehabilitation or third party claims from any source other than the Superb Account and the Superb Financial Responsibility Fund created by this chapter, and the department and the State as administrators of the Superb Account and the Superb Financial Responsibility Fund have no liability or responsibility to make payments for cleanup costs or third party claims if the funds are insufficient. If the funds are insufficient to make the payments at the time the claim is filed, these claims must be paid in the order of filing at such time as monies accrue in each account, respectively.

The one hundred dollar underground storage tank registration and annual renewal fee may be used by the department for the administration of the underground storage tank program established by this chapter and its activities as trustees of the Superb Account and the Superb Financial Responsibility Fund, exclusive of legal costs outlined in subsection (C)."
SECTION   2.   Section 44-2-60(A) of the 1976 Code is amended to read:

"(A)   The owner or operator of an underground storage tank which stores or is intended to store a regulated substance shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred thirty-five dollars a tank; however, the department may prorate the initial registration fees on a daily basis for underground storage tanks installed on or after July 1, 1997. The owner or operator shall pay to the department an annual renewal fee of one hundred thirty-five dollars a tank a year. No person may place a regulated substance and no owner or operator may cause a regulated substance to be placed into an underground storage tank for which the owner or operator does not hold a currently valid registration. The department may not issue a registration certificate until all past and present fees and penalties owed on a tank are paid. The department may not issue a registration certificate to any owner or operator who has not complied with all terms of a consent or final administrative order issued under Section 44-2-140.

All fees are due to the department within thirty days of billing. The department shall issue a late notice, with no penalty due, to an underground storage tank owner or operator who has unpaid fees thirty days after billing. An owner or operator who fails to pay the fees within sixty days of the initial billing must pay a ten percent penalty in addition to the ten percent penalty for any fees remaining unpaid ninety days after the initial billing. An owner or operator with unpaid fees ninety days after the initial billing is subject to additional enforcement action as provided for in Section 44-2-140.
The department may not disburse Superb Account or Superb Financial Fund monies to any person or persons for the rehabilitation of a petroleum or petroleum product release from any underground storage tank or underground storage tank system where all past and present fees and penalties owed on the applicable tank have not been paid.
The funds generated by the registration and late penalty fees may be used by the department for administration of the provisions of this chapter and for administration of the underground storage tank regulatory program established by this chapter. The amount used for administration may not exceed three million dollars a year the total amount collected from funds received by federal grants, interest accrued by the fund, and registration and late penalty fees."
SECTION   3.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.

The following Joint Resolution was taken up:

H. 3960 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: A JOINT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".

Rep. CLEMMONS proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3297MM07), which was adopted:
Amend the joint resolution, as and if amended, page 1, by inserting before / to 'Hard Rock Park' / on line 23 / and Fantasy Harbour /.
Renumber sections to conform.
Amend title to conform.

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

The Joint Resolution, as amended, was read the second time and ordered to third reading.

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

S. 609 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD AND PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.

H. 3358 (Word version) -- Reps. Kirsh and Cotty: A BILL TO REPEAL SECTION 8-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE HOURS OF STATE AGENCIES; AND TO REPEAL SECTION 11-5-30 RELATING TO THE OFFICE HOURS OF THE STATE TREASURER.

Rep. KIRSH explained the Bill.

The following Bill was taken up:

S. 277 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKERS 7 AND 11.

Reps. TAYLOR, M. A. PITTS and DUNCAN proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\ 5273CM07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 17, Chapter 23, Title 57 of the 1976 Code is amended by adding:

"Section 57-23-830.   Notwithstanding the provisions contained in Section 57-23-800, or another provision of law, the Department of Transportation may mow beyond thirty feet from the pavement roadside vegetation adjacent to Interstate Highway 385 in Laurens County between mile marker 11 and its confluence with Interstate Highway 26, and adjacent to Interstate Highway 26 from its confluence with Interstate Highway 385 to the Newberry County line."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The Bill, as amended, was read the second time and ordered to third reading.

Rep. SCOTT asked unanimous consent to recall H. 3541 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.

On motion of Rep. WALKER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Jasper Delegation:

S. 636 (Word version) -- Senator Pinckney: A BILL TO AMEND ACT 601 OF 1971, AS AMENDED, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD SHALL RECEIVE AN ANNUAL SALARY AND A PER MEETING EXPENSE ALLOWANCE IN AN AMOUNT AS DETERMINED BY THE BOARD.

On motion of Rep. WALKER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:

S. 702 (Word version) -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PURPOSE OF TEACHER CONTRACTS NEGOTIATED FOR THE 2007-2008 SCHOOL YEAR, DATES FOR COMPLETING CERTAIN REQUIREMENTS ARE EXTENDED FOR ONE YEAR.

On motion of Rep. CATO, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry:

S. 312 (Word version) -- Senators Martin, Hayes, Drummond, Thomas, Verdin, Vaughn, Mescher, Cromer, Elliott, Anderson, Sheheen, Reese, O'Dell, Alexander and Short: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.

On motion of Rep. BALES, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 3771 (Word version) -- Reps. Harrison and Bales: A BILL TO AMEND SECTION 23-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON A SHERIFF, DEPUTY SHERIFF, OR SHERIFF'S CLERK FROM PRACTICING LAW OR HOLDING THE OFFICE OF CLERK OF COURT, SO AS TO REMOVE THE PROHIBITION REGARDING THE PRACTICE OF LAW.

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

H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.

Rep. COOPER proposed the following Amendment No. 2A (Doc Name COUNCIL\AGM\18805MM07), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Pursuant to Paragraph 73.15, Part IB, Act 397 of 2006, the general appropriations act for fiscal year 2006-2007, surplus general fund revenues in the amount of $171,541,103 credited to the Contingency Reserve Fund established by that paragraph are appropriated from the Contingency Reserve Fund for the purposes specified as follows:

(1)   State Ports Authority

port access road                     $138,000,000

(2)   Department of Commerce

Donaldson Development Commission     3,000,000

(3)   State Budget and Control Board

Lake Marion Water Authority         4,000,000

(4)   Adjutant General's Office

Emergency Preparedness

Federal Match 2005 Ice Storm           3,679,096

(5)   State Department of Education

school bus acquisition                 22,862,007

Total                               $171,541,103
SECTION   2.   The amount appropriated to the State Ports Authority for the port access road pursuant to this joint resolution must be credited to an account in the State Treasury, which is hereby established, separate and distinct from the general fund of the State and all other funds. Earnings on this account must be credited to it and unexpended revenues in this account carry-forward to succeeding fiscal years and must be used for the same purposes as the original appropriation.
SECTION   3.   This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The Senate Amendments, as amended, were then agreed to and the Joint Resolution was ordered returned to the Senate.

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

H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.

Rep. COOPER moved to adjourn debate upon the Senate Amendments until Tuesday, May 8, which was agreed to.

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

H. 3620 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2007; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. COOPER moved to adjourn debate upon the Senate Amendments until Tuesday, May 8, which was agreed to.

The following Concurrent Resolution was taken up:

H. 3959 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: A CONCURRENT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS REQUESTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".

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

That the Department of Transportation is requested to change all highway directional signs in the highway rights-of-way under its jurisdiction in Horry County from "Waccamaw Pottery", which is now closed, to "Hard Rock Park and Fantasy Harbour".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Rep. CLEMMONS proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3296MM07), which was adopted:
Amend the concurrent resolution, as and if amended, page 1, by inserting before / to 'Hard Rock Park' / on line 23 / and Fantasy Harbour /.
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

The following Concurrent Resolution was taken up:

S. 581 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ON STATE HIGHWAY 45 THAT CROSSES WAMBAW CREEK APPROXIMATELY SIX MILES NORTH OF UNITED STATES HIGHWAY 17 AT THE CHARLESTON AND BERKELEY COUNTY LINE NEAR MCCLELLANVILLE AS "THE HILLS BRIDGE" IN MEMORY OF WILLIAM BECKETT HILLS AND MARIE SHAW HILLS AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HILLS BRIDGE".

Whereas, the late William Beckett Hills and his beloved wife, Marie Shaw Hills, were widely known and respected in their home town of McClellanville and throughout the community; and

Whereas, Mr. Hills was born in McClellanville on March 31, 1906, and died at his home at Marietta Farm on May 30, 1985; and

Whereas, he managed the South Carolina Electric and Gas plant in McClellanville as a young man, was the local supervisor for the Charleston County Department of Public Works for nearly twenty years, and also was an active farmer who cherished Marietta Farm; and

Whereas, Mr. Hills is especially remembered for having logged Wambaw Swamp for its massive cypress logs in 1926. Because the county's dirt roadways were generally in poor condition, the logs were hauled by mule teams to the Santee River and floated to Charleston. These logs were then used in helping craft the forms with which concrete pilings were made for the John P. Grace Memorial Bridge over the Cooper River; and

Whereas, his great love for hunting and the outdoors often found him in the Wambaw Swamp near his home; and

Whereas, he was a skilled storyteller known for his sense of humor and practical jokes; and

Whereas, he and his beloved wife, Marie, were married over forty-six years. She was his lifelong partner and shared his love for and helped manage Marietta Farm; and

Whereas, Marie Shaw Hills was born in Charleston on May 23, 1914 and died in Mt. Pleasant on April 7, 2007; and

Whereas, Mrs. Hills for many years was secretary at the McClellanville Public School and was active in the community and served as a Girl Scout leader and as church historian of the New Wappetaw Presbyterian Church; and

Whereas, she was treasured for her cleverness, sunny disposition, and positive outlook on life; and

Whereas, Mr. and Mrs. Hills had five children and nine grandchildren whom they dearly loved and with whom they cherished spending time at Marietta Farm; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding South Carolina couple if the nearby bridge to Marietta Farm that crosses Wambaw Creek close to McClellanville were named in their memory. Now, therefore,

Be it resolved that the members of the South Carolina General Assembly request that the Department of Transportation name the bridge on State Highway 45 that crosses Wambaw Creek approximately six miles north of United States Highway 17 at the Charleston and Berkeley County line near McClellanville as "The Hills Bridge" in memory of William Beckett Hills and Marie Shaw Hills and erect appropriate markers or signs at this bridge that contain the words "The Hills Bridge".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Marie Shaw Hills and William Beckett Hills.

Rep. LEACH proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11628AC07), which was adopted:
Amend the concurrent resolution, as and if amended, by deleting all after the title and before the resolving words and inserting:
/Whereas, the late William Beckett Hills and his beloved wife, Marie Shaw Hills, were widely known and respected in their home town of McClellanville and throughout the community; and
Whereas, Mr. Hills was born in McClellanville on March 31, 1906, and died at his home at Marietta Farm on May 30, 1985; and
Whereas, he managed the South Carolina Electric and Gas plant in McClellanville as a young man, was the local supervisor for the Charleston County Department of Public Works for nearly twenty years, and also was an active farmer who cherished Marietta Farm; and
Whereas, Mr. Hills is especially remembered for having logged Wambaw Swamp for its massive cypress logs in 1926. Because the county's dirt roadways were generally in poor condition, the logs were hauled by mule teams to the Santee River and floated to Charleston. These logs were then used in helping craft the forms with which concrete pilings were made for the John P. Grace Memorial Bridge over the Cooper River; and
Whereas, his great love for hunting and the outdoors often found him in the Wambaw Swamp near his home; and
Whereas, he was a skilled storyteller known for his sense of humor and practical jokes; and
Whereas, he and his beloved wife, Marie, were married over forty-six years. She was his lifelong partner and shared his love for and helped manage Marietta Farm; and
Whereas, Marie Shaw Hills was born in Charleston on May 23, 1914 and died in Mt. Pleasant on April 7, 2007; and
Whereas, Mrs. Hills for many years was secretary at the McClellanville Public School and was active in the community and served as a Girl Scout leader and as church historian of the New Wappetaw Presbyterian Church; and
Whereas, she was treasured for her cleverness, sunny disposition, and positive outlook on life; and
Whereas, Mr. and Mrs. Hills had five children and nine grandchildren whom they dearly loved and with whom they cherished spending time at Marietta Farm; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding South Carolina couple if the nearby bridge to Marietta Farm that crosses Wambaw Creek close to McClellanville were named in their memory. Now, therefore, /
Amend the concurrent resolution further, by deleting all after the resolving words and inserting:
/That the members of the South Carolina General Assembly request that the Department of Transportation name the bridge on State Highway 45 that crosses Wambaw Creek approximately six miles north of United States Highway 17 at the Charleston and Berkeley County line near McClellanville as "The Hills Bridge" in memory of William Beckett Hills and Marie Shaw Hills and erect appropriate markers or signs at this bridge that contain the words "The Hills Bridge".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Marie Shaw Hills and William Beckett Hills./
Amend the concurrent resolution further, by deleting the title and inserting:
/TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ON STATE HIGHWAY 45 THAT CROSSES WAMBAW CREEK APPROXIMATELY SIX MILES NORTH OF UNITED STATES HIGHWAY 17 AT THE CHARLESTON AND BERKELEY COUNTY LINE NEAR MCCLELLANVILLE AS "THE HILLS BRIDGE" IN MEMORY OF WILLIAM BECKETT HILLS AND MARIE SHAW HILLS AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HILLS BRIDGE"./
Renumber sections to conform.

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

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

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

The following Bill was taken up:

H. 3572 (Word version) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W. D. Smith, Spires, Talley, White, Hart, Whipper and Cotty: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC DIVERSION PROGRAM ACT", 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 SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC DIVERSION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7263AHB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1 of Chapter 22, Title 17.
SECTION   2.   Chapter 22, Title 17 of the 1976 Code is amended by adding:

Section 17-22-300.   This article may be cited as the 'Traffic Education Program Act'.

Section 17-22-310.   (A)   Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic education program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less.

(B)   The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law.

(C)   A traffic education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for services with a county or municipality in the circuit.

(D)   The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the traffic education programs.

(E)   A traffic education program must include both a community service and an educational component.

Section 17-22-320.   (A)   A person may be considered for a traffic education program if he has no prior traffic-related offenses on his record. A person may not participate in a traffic education program more than once.

(B)   A person's participation in a traffic education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1.

Section 17-22-330.   (A)   When a person successfully completes a traffic education program, the governmental agency administering the program shall effect a noncriminal disposition, as defined in this chapter, of the traffic-related offense, and there must be no record maintained of the traffic-related offense except by the appropriate traffic education program in order to ensure that a person does not benefit from the provisions of this article more than once.

(B)   If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest.

(C)   If a person violates the conditions of a traffic education program, then the person may be terminated from the program and the traffic-related offense reinstated by the governmental agency administering the program in the appropriate municipality or county.

(D)   If a person receives a subsequent traffic violation during the six months following the issuance of the ticket for which he has entered the traffic education program, he must be terminated from the program and the traffic-related offense must be reinstated by the governmental agency administering the program in the appropriate municipality or county.

Section 17-22-340.   Each circuit solicitor may establish an Office of Traffic Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the traffic education program.

Section 17-22-350.   (A)   A person shall pay a nonrefundable one hundred forty-dollar fee to apply for a traffic education program that cannot be reduced or suspended. Additionally, a person shall pay a nonrefundable fee, not to exceed one hundred forty dollars, to participate in a traffic education program. Participation in a traffic education program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and the participation fee must be waived.

(B)   For offenses that would have been otherwise tried in magistrates court, the governmental agency administering the program shall retain one hundred dollars of the participation fee to support the traffic education program and the arresting jurisdiction shall retain the remaining forty dollars of the participation fee. The application fees must be remitted to the county treasurer. The county treasurer shall remit 9.17 percent of the revenue from the application fees to the county to be used for the purposes set forth in Section 14-1-207(D) and remit the balance of the revenue from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer shall deposit the amounts received as follows:

(1)   23.62 percent to the Department of Probation, Parole and Pardon Services;

(2)   15.12 percent to the Department of Public Safety;

(3)   .44 percent to the Department of Public Safety's South Carolina Law Enforcement Officers Hall of Fame;

(4)   13.73 percent to the State Office of Victim Assistance;

(5)   6.01 percent to the General Fund;

(6)   10.79 percent to the Office of Indigent Defense;

(7)   1.34 percent to the Attorney General's Office;

(8)   .90 percent to the Department of Juvenile Justice Arbitration Program;

(9)   .81 percent to the Department of Juvenile Justice Marine Institutes;

(10)   .90 percent to the Department of Juvenile Justice Regional Status Offender Program;

(11)   3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;

(12)   6.74 percent to the Circuit Solicitors;

(13)   2.68 percent to the State Law Enforcement Division;

(14)   2.68 percent to the Department of Corrections;

(15)   .67 percent to the Judicial Department;

(16)   .28 percent to the Department of Natural Resources;

(17)   .18 percent to the Office of Appellate Defense; and

(18)   .02 percent to the Forestry Commission.

(C)   For offenses that would have been otherwise tried in municipal court, the governmental agency administering the program shall retain the participation fees to support the traffic education program. The application fees must be remitted to the city treasurer. The city treasurer shall remit 9.17 percent of the revenue from the application fees to the municipality to be used for the purposes set forth in Section 14-1-208(D) and remit the balance of the revenues from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer must deposit the amounts received as follows:

(1)   10.25 percent to the Department of Probation, Parole and Pardon Services;

(2)   10.13 percent to the Department of Public Safety;

(3)   .26 percent to the Department of Public Safety's South Carolina Law Enforcement Officer's Hall of Fame;

(4)   7.57 percent to the State Office of Victim Assistance;

(5)   2.77 percent to the General Fund;

(6)   10.84 percent to the Office of Indigent Defense;

(7)   1.07 percent to the Attorney General's Office;

(8)   .65 percent to the Department of Mental Health;

(9)   7.64 percent for the programs established pursuant to Section 56-5-2953(E);

(10)   9.93 percent to the Governor's Task Force on Litter;

(11)   9.93 percent to the Department of Juvenile Justice;

(12)   .90 percent to the Department of Juvenile Justice Arbitration Program;

(13)   .81 percent to the Department of Juvenile Justice Marine Institutes;

(14)   .90 percent to the Department of Juvenile Justice Regional Status Offender Program;

(15)   3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;

(16)   6.74 percent to the Circuit Solicitors;

(17)   2.68 percent to the State Law Enforcement Division;

(18)   2.68 percent to the Department of Corrections;

(19)   .67 percent to the Judicial Department;

(20)   .28 percent to the Department of Natural Resources;

(21)   .18 percent to the Office of Appellate Defense; and

(22)   .02 percent to the Forestry Commission.

Section 17-22-360.   Each governmental agency that administers a traffic education program shall submit a traffic education program annual report, by the first day of August, to the Commission on Prosecution Coordination providing the total number of participants by original traffic-related offenses, the total number of participants that successfully completed the traffic education program, the total amount of fees collected, and the total revenue remitted to the municipalities, counties, and State Treasurer's Office for the state's fiscal year. The Commission on Prosecution Coordination may establish additional guidelines for the annual reports. The annual reports must be made available for public inspection.

Section 17-22-370.   Each governmental agency that administers a traffic education program shall submit to the Commission on Prosecution Coordination necessary identifying information on each participant for the creation and maintenance of a list of participants in traffic education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-320(A). The information collected by the commission only may be released to a governmental agency administering the program for the purpose of determining eligibility for a traffic education program."
SECTION   3.   The Code Commissioner is authorized to change references in Article 1, Chapter 22, Title 17, as provided in SECTION 1, from "chapter" to "article" as appropriate.
SECTION   4.   This act takes effect upon approval by the Governor. All circuit solicitors shall have a traffic education program in effect by July 1, 2008, and no person has the right to apply to the program until the program is established. /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD explained the amendment.

Rep. WALKER raised the Point of Order that H. 3572 was out of order under House Rules 4.4 and 5.1. He stated further that it was similar to a Point of Order raised on March 20, 1996, which had been sustained.
SPEAKER HARRELL stated that he would take the Point of Order under advisement and would render his ruling at a later time.

Rep. HAGOOD continued speaking.
Rep. WALKER spoke against the amendment.

In response to an earlier Point of Order raised by Rep. WALKER, SPEAKER HARRELL stated that in accordance with House Rules 4.4, 5.1, and based on precedents and a South Carolina Supreme Court ruling in the case of Walker vs. Derham, it was his opinion that the Bill did not appropriate money. He stated that the Bill established a fine and disposed of the revenue from that fine only if the fine was assessed. He stated that if the fine was never assessed that money would never be available for disposition. He therefore overruled the Point of Order.

Rep. MULVANEY spoke against the amendment.

Rep. MULVANEY moved to recommit the Bill to the Committee on Judiciary.

Rep. HAGOOD moved to table the motion, which was agreed to by a division vote of 43 to 33.

The amendment was then adopted.

Rep. HAGOOD proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7271AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-22-350, as contained in SECTION 2, beginning on page 3572-2, beginning on line 42, and inserting:
/   Section 17-22-350.   (A)   A person shall pay a nonrefundable one hundred forty-dollar fee to apply for a traffic education program that cannot be reduced or suspended. Additionally, a person shall pay a nonrefundable fee, not to exceed one hundred forty dollars, to participate in a traffic education program. Participation in a traffic education program may not be denied due to a person's inability to pay. If a person is deemed unable to pay, both the application fee and the participation fee must be waived.

(B)   For offenses that would have been otherwise tried in magistrates court, the governmental agency administering the program shall retain the participation fee to support the traffic education program. The application fees must be remitted to the county treasurer. The county treasurer shall remit 9.17 percent of the revenue from the application fees to the county to be used for the purposes set forth in Section 14-1-207(D) and remit the balance of the revenue from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer shall deposit the amounts received as follows:

(1)   23.62 percent to the Department of Probation, Parole and Pardon Services;

(2)   15.12 percent to the Department of Public Safety;

(3)   .44 percent to the Department of Public Safety's South Carolina Law Enforcement Officers Hall of Fame;

(4)   13.73 percent to the State Office of Victim Assistance;

(5)   6.01 percent to the General Fund;

(6)   10.97 percent to the Commission on Indigent Defense;

(7)   1.34 percent to the Attorney General's Office;

(8)   .90 percent to the Department of Juvenile Justice Arbitration Program;

(9)   .81 percent to the Department of Juvenile Justice Marine Institutes;

(10)   .90 percent to the Department of Juvenile Justice Regional Status Offender Program;

(11)   3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;

(12)   6.74 percent to the Circuit Solicitors;

(13)   2.68 percent to the State Law Enforcement Division;

(14)   2.68 percent to the Department of Corrections;

(15)   .67 percent to the Judicial Department;

(16)   .28 percent to the Department of Natural Resources; and

(17)   .02 percent to the Forestry Commission.
(C)   For offenses that would have been otherwise tried in municipal court, the governmental agency administering the program shall retain the participation fees to support the traffic education program. The application fees must be remitted to the city treasurer. The city treasurer shall remit 9.17 percent of the revenue from the application fees to the municipality to be used for the purposes set forth in Section 14-1-208(D) and remit the balance of the revenues from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer must deposit the amounts received as follows:

(1)   10.25 percent to the Department of Probation, Parole and Pardon Services;

(2)   10.13 percent to the Department of Public Safety;

(3)   .26 percent to the Department of Public Safety's South Carolina Law Enforcement Officer's Hall of Fame;

(4)   7.57 percent to the State Office of Victim Assistance;

(5)   2.77 percent to the General Fund;

(6)   11.02 percent to the Commission on Indigent Defense;

(7)   1.07 percent to the Attorney General's Office;

(8)   .65 percent to the Department of Mental Health;

(9)   7.64 percent for the programs established pursuant to Section 56-5-2953(E);

(10)   9.93 percent to the Governor's Task Force on Litter;

(11)   9.93 percent to the Department of Juvenile Justice;

(12)   .90 percent to the Department of Juvenile Justice Arbitration Program;

(13)   .81 percent to the Department of Juvenile Justice Marine Institutes;

(14)   .90 percent to the Department of Juvenile Justice Regional Status Offender Program;

(15)   3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;

(16)   6.74 percent to the Circuit Solicitors;

(17)   2.68 percent to the State Law Enforcement Division;

(18)   2.68 percent to the Department of Corrections;

(19)   .67 percent to the Judicial Department;

(20)   .28 percent to the Department of Natural Resources; and

(21)   .02 percent to the Forestry Commission. /
Renumber sections to conform.
Amend title to conform.

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

Rep. WALKER proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\5277CM07), which was tabled:
Amend the bill, as and if amended, Section 17-22-310(A), as contained in SECTION 2, by deleting Section 17-22-310(A) and inserting:
/   (A)   Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish a traffic education program in the respective circuits for persons who commit traffic-related offenses that are punishable only by a fine and loss of two points or less. /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.

Rep. HAGOOD moved to table the amendment, which was agreed to.

Rep. WALKER proposed the following Amendment No. 5 (Doc Name COUNCIL\GJK\20326SD07), which was rejected:
Amend the bill, as and if amended, in Section 17-22-350(A) of the 1976 Code, as contained in SECTION 2, by striking the last sentence of the subsection and inserting /If a person's income is seventy percent or less of the applicable federal poverty level, both the application fee and the participation fee must be waived.   /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER explained the amendment.
The amendment was then rejected.

Rep. MULVANEY proposed the following Amendment No. 6 (Doc Name COUNCIL\GGS\22860AHB07), which was tabled:
Amend the bill, as and if amended, by deleting Section 17-22-350(B) and (C), as contained in SECTION 2, and inserting:
/   (B)   For offenses that would have been otherwise tried in magistrates court, the governmental agency administering the program shall retain one hundred dollars of the participation fee to support the traffic education program and the arresting jurisdiction shall retain the remaining forty dollars of the participation fee. The application fees must be remitted to the county treasurer. The county treasurer shall remit 9.17 percent of the revenue from the application fees to the county to be used for the purposes set forth in Section 14-1-207(D) and remit the balance of the revenue from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer shall deposit the amounts received as follows:

(1)   23.62 percent to the Department of Probation, Parole and Pardon Services;
1     (2)   15.12 percent to the Department of Public Safety;

(3)   .44 percent to the Department of Public Safety's South Carolina Law Enforcement Officers Hall of Fame;

(4)   13.73 percent to the State Office of Victim Assistance;

(5)   6.01 percent to the General Fund;

(6)   10.97 percent to the Commission on Indigent Defense;

(7)   1.34 percent to the Attorney General's Office;

(8)   .90 percent to the Department of Juvenile Justice Arbitration Program;

(9)   .81 percent to the Department of Juvenile Justice Marine Institutes;

(10)   .90 percent to the Department of Juvenile Justice Regional Status Offender Program;

(11)   3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;

(12)   6.74 percent to the Circuit Solicitors;

(13)   2.68 percent to the State Law Enforcement Division;

(14)   2.68 percent to the Department of Corrections;

(15)   .67 percent to the Judicial Department;

(16)   .28 percent to the Department of Natural Resources; and

(17)   .02 percent to the Forestry Commission.

(C)   For offenses that would have been otherwise tried in municipal court, the governmental agency administering the program shall retain one hundred dollars of the participation fees to support the traffic education program and the arresting jurisdiction shall retain the remaining forty dollars of the participation fee. The application fees must be remitted to the city treasurer. The city treasurer shall remit 9.17 percent of the revenue from the application fees to the municipality to be used for the purposes set forth in Section 14-1-208(D) and remit the balance of the revenues from the application fees to the State Treasurer's Office on a monthly basis, by the fifteenth day of each month, and make reports on a form and in a manner prescribed by the State Treasurer. Fees paid in installments must be remitted as received. The State Treasurer must deposit the amounts received as follows:

(1)   10.25 percent to the Department of Probation, Parole and Pardon Services;

(2)   10.13 percent to the Department of Public Safety;

(3)   .26 percent to the Department of Public Safety's South Carolina Law Enforcement Officer's Hall of Fame;

(4)   7.57 percent to the State Office of Victim Assistance;

(5)   2.77 percent to the General Fund;

(6)   11.02 percent to the Commission on Indigent Defense;

(7)   1.07 percent to the Attorney General's Office;

(8)   .65 percent to the Department of Mental Health;

(9)   7.64 percent for the programs established pursuant to Section 56-5-2953(E);

(10)   9.93 percent to the Governor's Task Force on Litter;

(11)   9.93 percent to the Department of Juvenile Justice;

(12)   .90 percent to the Department of Juvenile Justice Arbitration Program;

(13)   .81 percent to the Department of Juvenile Justice Marine Institutes;

(14)   .90 percent to the Department of Juvenile Justice Regional Status Offender Program;

(15)   3.95 percent to the Department of Juvenile Justice Coastal Evaluation Center;

(16)   6.74 percent to the Circuit Solicitors;

(17)   2.68 percent to the State Law Enforcement Division;

(18)   2.68 percent to the Department of Corrections;

(19)   .67 percent to the Judicial Department;

(20)   .28 percent to the Department of Natural Resources; and

(21)   .02 percent to the Forestry Commission.   /
Renumber sections to conform.
Amend title to conform.

Rep. MULVANEY explained the amendment.

Rep. HAGOOD moved to table the amendment, which was agreed to by a division vote of 40 to 37.

Rep. SCOTT proposed the following Amendment No. 7 (Doc Name COUNCIL\DKA\3299DW07), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   ___.   (A)   There is created a Judicial Circuit Reapportionment Study Committee to review the apportionment of the state's judicial circuits and to examine and evaluate the size of the existing judicial circuits with the goals of keeping counties whole and determining the appropriateness of having the larger counties contained within their own judicial circuits.

(B)   The Judicial Circuit Reapportionment Study Committee must be composed of eleven members appointed as follows:

(1)   three members of the House of Representatives appointed by the Speaker of the House of Representatives;

(2)   three members of the Senate appointed by the President Pro Tempore of the Senate;

(3)   the Chief Justice of the South Carolina Supreme Court;

(4)   two members appointed by the Governor who must be attorneys licensed to practice law in the State;

(5)   one family court judge appointed by the Chief Justice of the South Carolina Supreme Court; and

(6)   one circuit court judge appointed by the Chief Justice of the South Carolina Supreme Court.

(C)   The Chairman of the Senate Judiciary Committee shall provide appropriate staff, and the Chairman of the House Judiciary Committee shall provide appropriate staff who shall work with the Office of Research and Statistics to perform the duties of the committee.

(D)   Members of the committee may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.

(E)   The committee shall render its report and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor no later than January 1, 2008./
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD raised the Point of Order that Amendment No. 7 was out of order in that it was not germane to the Bill.
Rep. SCOTT argued contra.
SPEAKER HARRELL stated that the Amendment was not germane to the Bill. He therefore sustained the Point of Order and ruled the Amendment out of order.

Rep. HAGOOD proposed the following Amendment No. 8 (Doc Name COUNCIL\MS\7297AHB07), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety SECTION 4, page 3572-5, lines 26 through 29, and inserting:
/ SECTION   4.   This act takes effect ninety days after approval by the Governor. All circuit solicitors shall have a traffic education program in effect by July 1, 2008, and no person has the right to apply to the program until the program is established. /
Renumber sections to conform.
Amend title to conform.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Bales                  Ballentine
Bannister              Barfield               Battle
Bowen                  Bowers                 Brady
Brantley               G. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Dantzler               Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Herbkersman            Hinson
Hodges                 Hosey                  Huggins
Jefferson              Kelly                  Kennedy
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  Mack
McLeod                 Merrill                Miller
Mitchell               Moss                   J. H. Neal
Neilson                Ott                    Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Shoopman
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Talley                 Thompson
Toole                  Umphlett               Vick
Weeks                  Whipper                White
Williams               Witherspoon            Young

Those who voted in the negative are:

Bedingfield            Davenport              Hiott
Kirsh                  Mahaffey               Mulvaney
J. M. Neal             Owens                  Simrill
Skelton                D. C. Smith            Taylor
Walker                 Whitmire

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

The following Bill was taken up:

H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach, Ballentine and Toole: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.

The Judiciary Committee proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11583AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 20-7-650(L)(1)(c) and relettering the enumerated items in Section 20-7-650(L)(1). So when amended Section 20-7-650(L)(1) reads:
/(L)   At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:

(1)   must order that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person: physically or sexually abused or wilfully or recklessly neglected the child

(a)   physically abused the child;

(b)   sexually abused the child;

(c)   severely neglected the child; or

(d)   repeatedly neglected the child.

Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies; /
Amend the bill further, Section 20-7-650(L)(2)(b), page 2, lines 15-16 by deleting /, physical neglect/. So when amended Section 20-7-650(L)(2)(b) reads:
/       (b)   that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical abuse, or sexual abuse or wilful or reckless neglect, severe neglect, or repeated neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children./
Amend the bill further, by deleting SECTION 2 of the bill and inserting:
/SECTION   2.   Section 20-7-650(M), (N), and (O) of the 1976 Code, as last amended by Act 325 of 2002, are further amended to read:

"(M)   At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (KL).

(N)   At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical abuse, or sexual abuse or wilful or reckless neglect, severe neglect, or repeated neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.

(O)   The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse Reserved. "/
Renumber sections to conform.
Amend title to conform.

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

Rep. MOSS proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\11597AC07), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 2 of the bill and inserting:
/SECTION   2.   Section 20-7-650(M) and (N) of the 1976 Code, as last amended by Act 325 of 2002, are further amended to read:

"(M)   At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (KL).

(N)   At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical abuse, or sexual abuse or wilful or reckless neglect, severe neglect, or repeated neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request."/
Renumber sections to conform.
Amend title to conform.

Rep. MOSS explained the amendment.
Rep. TALLEY spoke against the amendment.

Rep. TALLEY moved to table the amendment, which was agreed to.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bowen                  Bowers
Brady                  Brantley               G. Brown
Cato                   Chalk                  Chellis
Clemmons               Cobb-Hunter            Coleman
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Herbkersman            Hinson
Hiott                  Hosey                  Howard
Huggins                Jefferson              Kelly
Kennedy                Kirsh                  Leach
Limehouse              Littlejohn             Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Walker
Weeks                  Whipper                White
Whitmire               Williams               Witherspoon
Young

Those who voted in the negative are:

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

The following Bill was taken up:

H. 3457 (Word version) -- Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis: A BILL TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.

Rep. HAMILTON proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7288AHB07), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Section 61-4-520 of the 1976 Code, as last amended by Act 161 of 2005, is further amended by adding an appropriately numbered item at the end to read:

"( )   The department holds a local hearing after the notice of application provisions of items (7) and (8) have been met. Persons authorized to file a protest pursuant to the provisions of Section 61-4-525 may file a similar protest with the department at the time of the local hearing. For purposes of this item, 'local hearing' means a hearing held in the county where the applicant is seeking a permit authorizing the sale of beer or wine." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Article 3, Subarticle 1, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-125.   (A)   The department shall not grant or issue a license provided for in this article or Article 7 unless the department holds a local hearing after the notice of application provisions of Section 61-6-180 have been met. Persons authorized to file a protest pursuant to the provisions of Section 61-6-185 may file a similar protest with the department at the time of the local hearing.

(B)   For purposes of this section, 'local hearing' means a hearing held in the county where the applicant is seeking a permit authorizing the sale of alcoholic liquors."/
Renumber sections to conform.
Amend title to conform.

Rep. HAMILTON moved to table the amendment, which was agreed to.

Rep. TALLEY explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Anderson               Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bowen
Brady                  Brantley               G. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Haskins                Herbkersman
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kelly                  Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Walker
Weeks                  Whipper                White
Whitmire               Williams               Witherspoon
Young

Those who voted in the negative are:

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

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

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

H. 3955 (Word version) -- Reps. Bedingfield, G.R. Smith, Cato, Bannister, Scarborough, Shoopman, M.A. Pitts, Duncan, Sandifer, Cooper, Merrill, Crawford, Jennings, Mulvaney, J.M. Neal, G.M. Smith, Miller and Loftis: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE HARLEY OWNERS GROUP OF SOUTH CAROLINA AND TO PROCLAIM SEPTEMBER 22, 2007, H.O.G. DAY IN SOUTH CAROLINA.
Ordered for consideration tomorrow.

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

H. 3989 (Word version) -- Reps. Davenport, Haskins, Bedingfield, G. R. Smith, Ceips, Duncan, Littlejohn, Witherspoon, Agnew, Brantley, Chellis, Frye, Kelly, M. A. Pitts, Taylor and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REPEAL OR DECLINE IMPLEMENTATION OF THE "REAL ID ACT OF 2005" AND TO OPPOSE THE CREATION OF A FEDERAL NATIONAL IDENTIFICATION CARD.
Ordered for consideration tomorrow.

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

S. 436 (Word version) -- Senators Alexander and Peeler: A CONCURRENT RESOLUTION TO URGE THE MEMBERS OF THE SOUTH CAROLINA DELEGATION TO THE UNITED STATES CONGRESS AND MEMBERS OF SOUTH CAROLINA STATE GOVERNMENT TO WORK TOGETHER TO TIMELY REAUTHORIZE THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO ASSURE FEDERAL FUNDING FOR THE SOUTH CAROLINA STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO BE EXPENDED IN THE MANNER DETERMINED BY THIS STATE SUBJECT TO FEDERAL REQUIREMENTS.
Ordered for consideration tomorrow.

The following was introduced:

H. 4024 (Word version) -- Reps. Funderburk, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE UNIVERSITY OF SOUTH CAROLINA EQUESTRIAN TEAM ON ITS OUTSTANDING SEASON AND ITS IMPRESSIVE WIN OF THE VARSITY EQUESTRIAN NATIONAL CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL RIDERS, COACHES, AND STAFF.

The Resolution was adopted.

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

H. 4025 (Word version) -- Reps. Funderburk, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE UNIVERSITY OF SOUTH CAROLINA EQUESTRIAN TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THE TEAM ON ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 VARSITY EQUESTRIAN NATIONAL CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the University of South Carolina Equestrian team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending the team on its outstanding season and for capturing the 2007 Varsity Equestrian National Championship title.

The Resolution was adopted.

The following was introduced:

H. 4026 (Word version) -- Reps. Jefferson, Williams, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE MARTHA ANN MIDDLETON PRIOLEAU SIMMONS OF PINEVILLE IN BERKELEY COUNTY.

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

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

H. 4027 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 14-1-211, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL SESSIONS COURT SURCHARGE FOR CRIME VICTIM SERVICES, SO AS TO INCREASE THE SURCHARGE ON ALL CONVICTIONS IN GENERAL SESSIONS COURT AND MAGISTRATES AND MUNICIPAL COURTS BY FIVE DOLLARS.
Referred to Committee on Judiciary

H. 4028 (Word version) -- Reps. Mitchell, Whipper, Loftis, F. N. Smith, Allen, Davenport, Alexander, R. Brown and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 117, TITLE 44 SO AS TO AUTHORIZE AND ESTABLISH THE PROCEDURES FOR ELECTRONIC PRESCRIPTION PROCESSING, INCLUDING, AMONG OTHER THINGS, CONTENTS OF THE PRESCRIPTION, ACCEPTABLE METHODS OF ELECTRONIC PRESCRIPTION TRANSMISSION, CRITERIA AND SAFEGUARDS FOR THE ELECTRONIC EQUIPMENT UTILIZED TO ELECTRONICALLY TRANSMIT THESE PRESCRIPTIONS, PATIENT CONFIDENTIALITY, AND SANCTIONS FOR VIOLATIONS.
On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4029 (Word version) -- Rep. Barfield: A BILL TO AMEND ACT 114 OF 1959, AS AMENDED, RELATING TO THE HORRY COUNTY HIGHER EDUCATION COMMISSION, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED, TO FURTHER PROVIDE FOR WHERE THE COMMISSION WILL MEET, AND TO REVISE OR DELETE OBSOLETE LANGUAGE.
Referred to Committee on Ways and Means

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

At 12:57 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Blake Bishop of Barnwell, to meet at 10:00 a.m. tomorrow.

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