Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Proverbs 3:3: "Let love and faithfulness never leave you, bind them around your neck, write them on the tablet of your heart."
Let us pray. Our Heavenly Father, help us to practice justice and love, that burdens may be lifted. Lead these Representatives and staff to always trust in Your faithfulness to them. Continue to bless them with the abundance of Your grace. 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 Friday, the SPEAKER ordered it confirmed.

Rep. AGNEW moved that when the House adjourns, it adjourn in memory of Margaret Bowie of Abbeville, which was agreed to.

The following was received:

Columbia, S.C., May 17, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3456:

H. 3456 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-150 SO AS TO AUTHORIZE A LOCAL OFFICIAL OR LANDOWNER TO SEEK TO REMOVE AND SELL OR REMOVE AND DESTROY A DERELICT MOBILE HOME BY APPLYING TO THE MAGISTRATES COURT AND TO ALLOW A LOCAL GOVERNING BODY TO IMPOSE A FEE TO DEFRAY THE COST OF LOCATION, IDENTIFICATION, AND INSPECTION OF DERELICT MOBILE HOMES; TO AMEND SECTION 12-49-85, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO SECTION 6-1-150; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-1145, SO AS TO CLARIFY THAT IF A LOCAL PLANNING AGENCY HAS NOTICE OF A RESTRICTIVE COVENANT ON A TRACT OR PARCEL OF LAND, THE LOCAL PLANNING AGENCY MUST NOT ISSUE A PERMIT FOR ACTIVITY THAT IS CONTRARY TO, CONFLICTS WITH, OR IS PROHIBITED BY THE RESTRICTIVE COVENANT UNLESS THE LOCAL PLANNING AGENCY RECEIVES CONFIRMATION FROM THE APPLICANT THAT THE RESTRICTIVE COVENANT HAS BEEN WAIVED FOR THE TRACT OR PARCEL OF LAND EITHER BY ACTION OF THE OTHER PROPERTY HOLDERS SUBJECT TO THE RESTRICTIVE COVENANT OR BY COURT ORDER.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 17, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 661:

S. 661 (Word version) -- Senators Gregory, Campsen and Ford: A JOINT RESOLUTION TO EXTEND UNTIL JANUARY 31, 2008, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.
and has ordered the Joint Resolution enrolled for ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 17, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 484:

S. 484 (Word version) -- Senators Fair and Jackson: A BILL TO AMEND SECTION 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF INDEPENDENT INSTITUTION OF HIGHER LEARNING FOR PURPOSES OF PROVIDING TUITION GRANTS, SO AS TO INCLUDE IN THE DEFINITION AN INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR CAMPUS AND HEADQUARTERS ARE LOCATED WITHIN SOUTH CAROLINA.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President
Received as information.

Rep. HIOTT, from the Pickens Delegation, submitted a favorable report on:

H. 3782 (Word version) -- Reps. Rice, Hiott and Owens: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO REDUCE FROM THREE TO ONE THE NUMBER OF AT-LARGE MEMBERS OF THE BOARD, TO PROVIDE THAT THE AT-LARGE MEMBER OF THE BOARD SHALL SERVE AS ITS CHAIRMAN, AND TO MAKE CONFORMING CHANGES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS INCLUDING PROVIDING FOR THE ELECTION OF THE AT-LARGE MEMBER TO SERVE AS CHAIRMAN.
Ordered for consideration tomorrow.

The following was introduced:

H. 4122 (Word version) -- Reps. Talley and Kelly: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE DORMAN HIGH SCHOOL BOYS GOLF TEAM FOR CAPTURING THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S SUPERLATIVE PLAYERS, COACH, AND STAFF.

The Resolution was adopted.

The following was introduced:

H. 4123 (Word version) -- Rep. Spires: A CONCURRENT RESOLUTION TO HONOR THE PELION PEANUT FESTIVAL IN LEXINGTON COUNTY, AUGUST 9-11, 2007, AND RECOGNIZE THE FESTIVAL'S CONTRIBUTIONS TO THE TOWN, COUNTY, AND STATE.

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. 4124 (Word version) -- Reps. Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-240 SO AS TO PROVIDE THE ANNUAL CAPITAL CITY SOFTBALL CLASSIC BETWEEN THE HOUSE OF REPRESENTATIVES AND SENATE CONSIST OF ONE TEAM COMPRISED OF AT LEAST SEVEN MEMBERS OF THE HOUSE OF REPRESENTATIVES AND ONE TEAM COMPRISED OF AT LEAST SEVEN MEMBERS OF THE SENATE, ALL OF WHOM MUST ACTIVELY PLAY DURING THE ENTIRE GAME; TO PROVIDE THAT THE GAME BE OFFICIATED BY THREE REFEREES SELECTED FROM CANDIDATES ACTIVELY SEEKING JUDICIAL OFFICE SO AS TO VIEW THE EXERCISE OF THEIR JUDGMENT IN THE HEAT OF BATTLE; AND TO PROVIDE THAT IF A TEAM FAILS TO HAVE THE REQUISITE NUMBER OF QUALIFIED PLAYERS IN AN INNING, THE OTHER TEAM IS AWARDED A NUMBER OF RUNS EQUAL TO THE DIFFERENCE BETWEEN THE NUMBER OF PLAYERS THE VIOLATING TEAM FIELDS AND THE NUMBER OF PLAYERS REQUIRED.
Rep. SPIRES asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RUTHERFORD objected.
Referred to Committee on Invitations and Memorial Resolutions

S. 310 (Word version) -- Senators Hayes, Setzler and Gregory: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.
Referred to Committee on Ways and Means

The following was introduced:

H. 4125 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE GLADYS AND JOE GRIMAUD OF LEXINGTON COUNTY ON REACHING THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT.

The Resolution was adopted.

The following was introduced:

H. 4126 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO HONOR DR. MARY TUCK KENNERLY OF RICHLAND COUNTY FOR TWENTY-THREE YEARS OF SERVICE AS PRINCIPAL OF NURSERY ROAD ELEMENTARY SCHOOL UPON THE OCCASION OF HER RETIREMENT, AND TO EXTEND BEST WISHES FOR MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

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

The following was introduced:

H. 4127 (Word version) -- Reps. Jennings, 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, 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 CONCURRENT RESOLUTION TO HONOR DR. BLAIR A. RUDES FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE FIRST STATE RECOGNITION COMMITTEE AND THE INVALUABLE EXPERTISE HE PROVIDED TO THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS AS IT SOUGHT TO OFFICIALLY RECOGNIZE THE ANCESTORS OF THE NATIVE AMERICAN PEOPLE OF THIS STATE.

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

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

H. 4128 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL MOCK TRIAL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR CAPTURING THE STATE TITLE AT THE 2007 STATE MOCK TRIAL COMPETITION.

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 Fort Mill High School Mock Trial Team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and congratulated on their outstanding season and for capturing the state title at the 2007 State Mock Trial Competition.

The Resolution was adopted.

The following was introduced:

H. 4129 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL MOCK TRIAL TEAM FOR CAPTURING THE STATE TITLE AT THE 2007 STATE HIGH SCHOOL MOCK TRIAL COMPETITION AND TO OFFER BEST WISHES TO THEM IN ALL OF THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 4130 (Word version) -- Rep. Coleman: A HOUSE RESOLUTION TO CONGRATULATE THE RICHARD WINN ACADEMY EAGLES BASEBALL TEAM ON ITS IMPRESSIVE WIN OF THE 2007 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS, ASSISTANT COACHES, AND HEAD COACH BEN PORTER ON AN OUTSTANDING SEASON.

The Resolution was adopted.

The following was introduced:

H. 4131 (Word version) -- Rep. Coleman: A HOUSE RESOLUTION RECOGNIZING FAIRFIELD COUNTY'S RICHARD WINN ACADEMY EAGLES GOLF TEAM ON CAPTURING THE 2007 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA TITLE, AND APPLAUDING THE EAGLES ON THEIR STELLAR TEAM AND INDIVIDUAL PLAY UNDER THE GUIDANCE OF COACHES KEN ATKERSON AND MARK CHAPMAN.

The Resolution was adopted.

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

Agnew                  Alexander              Allen
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                 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                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Perry                  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            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 Tuesday, May 22.

Carl Anderson                     Bill Cotty
Patsy Knight                      David Mack
Anne Parks                        Thad Viers

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day due to illness.

The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to illness.

Announcement was made that Dr. Gregory Squires of Charleston was the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 3627 (Word version)
Date:   ADD:
05/22/07   E. H. PITTS

Bill Number:   H. 3627 (Word version)
Date:   ADD:
05/22/07   HALEY

Bill Number:   H. 3751 (Word version)
Date:   ADD:
05/22/07   ANDERSON

Bill Number:   H. 3751 (Word version)
Date:   ADD:
05/22/07   OWENS

Bill Number:   H. 3751 (Word version)
Date:   ADD:
05/22/07   M. A. PITTS

Bill Number:   H. 3751 (Word version)
Date:   ADD:
05/22/07   LIMEHOUSE

Bill Number:   H. 3751 (Word version)
Date:   ADD:
05/22/07   G. BROWN

Bill Number:   H. 3751 (Word version)
Date:   ADD:
05/22/07   DANTZLER

Bill Number:   H. 3876 (Word version)
Date:   REMOVE:
05/22/07   MERRILL

The following Bill was taken up:

H. 4080 (Word version) -- Rep. Moss: A BILL TO PROVIDE A MINIMUM DISTANCE WITHIN WHICH A COMMERCIAL CONSTRUCTION, DEMOLITION, AND LAND-CLEARING LANDFILL IN YORK COUNTY MAY BE LOCATED FROM BUCKHORN CREEK AND TO PROVIDE EXCEPTIONS AND DEFINITIONS.

Rep. KIRSH moved to commit the Bill to the York Delegation, which was agreed to.

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 44, 55, 32, 46, 43 and 38

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. Carl Gullick

The following Bill was taken up:

H. 4111 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO CONSTRUCT, RENOVATE, AND REPAIR SCHOOL BUILDINGS IN THE COUNTY USING LEASE-PURCHASE FINANCING AGREEMENTS IN THE PRINCIPAL AMOUNT NOT TO EXCEED, IN THE AGGREGATE, SIXTY MILLION DOLLARS AND TO GIVE SPECIFIC POWERS TO THE BOARD AND PROVIDE FOR CERTAIN LIMITATIONS REGARDING LEASE-PURCHASE AGREEMENTS; TO DIRECT THE DILLON COUNTY AUDITOR TO LEVY MILLAGE IN SPECIFIED AMOUNTS SUBJECT TO CERTAIN LIMITATIONS; TO AUTHORIZE A REFERENDUM TO BE CONDUCTED IN DILLON COUNTY TO IMPOSE A SALES AND USE TAX FOR THE PURPOSE OF COLLECTING REVENUES TO PAY FOR EXPENSES RELATED TO A LEASE-PURCHASE AGREEMENT AND TO PROVIDE FOR THE METHOD OF IMPOSING, ADMINISTERING, AND COLLECTING THE TAX; AND TO REPEAL ACT 197 OF 2005, RELATING TO THE IMPOSITION OF A SALES AND USE TAX FOR SCHOOL INFRASTRUCTURE NEEDS.

Rep. HAYES proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7340SSP07), which was adopted:
Amend the bill, as and if amended, by deleting subitem (1), subsection (D), as contained in SECTION 4, page 6, lines 12 through 17 and inserting:
/   (D)(1)   If the tax is approved in a referendum, the tax must be imposed beginning on the first day of the month following the termination of the capital-project sales tax imposed in the county as of the effective date of this act pursuant to Article 3, Chapter 10, Title 4 of the 1976 Code or, if later, the first day of the fourth full month following the date of the referendum. /
Amend the bill further, by deleting subsection (G), as contained in SECTION 4, page 8, lines 3 through 11 and inserting:
/ (G)   The department shall furnish data to the State Treasurer and to the school districts for the purpose of calculating distributions and estimating revenues. The information that must be supplied to the board upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240 of the 1976 Code. A person violating this section is subject to the penalties provided in Section 12-54-240 of the 1976 Code. /
Renumber sections to conform.
Amend title to conform.

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. 603 (Word version) -- Senators Grooms, Pinckney and Matthews: A BILL TO AMEND ACT 117 OF 1961, AS AMENDED, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE ANNUAL SALARY AND PER-MEETING EXPENSE ALLOWANCE MUST BE DETERMINED BY THE BOARD.

The Colleton County Delegation proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11690AC07), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 of the bill and inserting:
/SECTION   1.   Section 3 of Act 117 of 1961 (formerly Section 21-2173 of the 1962 Code), as last amended by Act 167 of 1997, is further amended to read:

"Section 3.   The board shall annually elect one of its members as chairman and another as vice-chairman. Persons holding such these offices must be eligible to succeed themselves. The county superintendent of education shall, ex officio, shall act as the secretary to the board, and is under the duty of keeping proper records for the board, including the minutes of its meetings. The board shall hold regular monthly meetings, which shall must be open to the public, and special meetings at other times as may be necessary. The members of the board shall receive an annual salary of two thousand four hundred dollars. Each member shall also receive an expense allotment of fifty dollars per meeting except for the chairman who shall receive an expense allotment of one hundred dollars per meeting provided that in no event shall the total amount of expense payments made to any member in a year exceed one thousand two hundred dollars and per-meeting expense allowance in an amount as determined by the board, the total of which may not exceed seventy-five hundred dollars."/
Renumber sections to conform.
Amend title to conform.

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. 4081 (Word version) -- Rep. Cotty: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO THE SCHOOL BOARD OF TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE COMPENSATION FOR MEMBERS OF THE BOARD IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR THEIR ATTENDANCE AT EACH MEETING AND TO ALLOW THE SCHOOL BOARD TO ADJUST ITS SALARY AND EXPENSES, BY RESOLUTION, TO BE EFFECTIVE ON THE COMMENCEMENT DATE OF THE TERMS OF TWO OR MORE MEMBERS ELECTED AT THE NEXT GENERAL ELECTION FOLLOWING THE ADOPTION OF THE RESOLUTION.

Rep. COTTY proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11681AC07), which was adopted:
Amend the bill, as and if amended, Section 5, as contained in SECTION 1 of the bill, page 1, line 38 by deleting /seventy-five two hundred/ and inserting /seventy-five/.
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

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

Rep. COOPER moved to adjourn debate upon the following Bill until Wednesday, May 23, which was adopted:

S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler, Elliott and Land: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.

The following Bill was taken up:

H. 3632 (Word version) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J. R. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11670AC07), which was adopted:
Amend the bill, as and if amended, Section 40-33-25(A), page 1, line 31 by deleting /may/ and inserting /shall/. So when amended Section 40-33-25(A) reads:
/(A)   In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice nursing, the department shall require a criminal history background check of each applicant for licensure. Each applicant may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division or the state identification bureau of another state and the Federal Bureau of Investigation. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action./
Renumber sections to conform.
Amend title to conform.

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

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

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

H. 3380 (Word version) -- Reps. Viers, Brantley, Dantzler, Harvin and Brady: A BILL TO AMEND SECTIONS 44-7-2430 AND 44-7-2440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO THE REQUIREMENT THAT HOSPITALS COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON HOSPITAL ACQUIRED INFECTION RATES, SO AS TO ALSO REQUIRE HOSPITALS TO COLLECT DATA AND SUBMIT REPORTS ON DEATHS RESULTING FROM HOSPITAL ACQUIRED INFECTIONS.

Rep. HARVIN explained the Bill.

S. 95 (Word version) -- Senators Cleary and Ford: A BILL TO AMEND SECTION 40-15-172 OF THE 1976 CODE, RELATING TO MOBILE DENTAL FACILITIES, TO PROVIDE THAT A REGISTRANT MUST KEEP RECORDS AT A CENTRAL OFFICE LOCATION OR AT THE PORTABLE DENTAL OPERATION, AND TO PROVIDE THAT IN THE INSTANCE OF A FEE FOR SERVICE PATIENT, THE REGISTRANT MUST PROVIDE THE PATIENT WITH A DESCRIPTION OF THE FEES ASSOCIATED WITH THE TREATMENT.

Rep. CHALK explained the Bill.

S. 481 (Word version) -- Senators Anderson and Fair: A BILL TO AMEND CHAPTER 1, TITLE 24 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF CORRECTIONS, TO ESTABLISH AN ORGAN AND TISSUE DONOR PROGRAM IN THE DEPARTMENT, TO PROVIDE WHO AND IN WHAT MANNER DONATIONS MAY BE MADE, TO PROVIDE THAT INFORMATION REGARDING BONE MARROW DONATIONS MUST BE PROVIDED TO PRISONERS, TO PROVIDE THAT THE DEPARTMENT IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH TESTS OR PROCEDURES REQUIRED TO MAKE AN ORGAN DONATION, TO PROVIDE THAT THE DEPARTMENT IS RESPONSIBLE FOR COSTS ASSOCIATED WITH TRANSPORTATION OF A DONOR AND OPERATIONAL SECURITY, TO PROVIDE THAT PRISONERS MUST BE PROVIDED WITH DONOR FORMS IN COMPLIANCE WITH THE ANATOMICAL GIFT ACT, TO PROVIDE THAT THE DEPARTMENT, IN CONSULTATION WITH APPROPRIATE MEDICAL AUTHORITIES, MUST PROMULGATE REGULATIONS AND ESTABLISH PROCEDURES TO FACILITATE PRISONER DONATIONS OF ORGANS, TISSUE, OR BONE MARROW, AND TO PROVIDE THAT ALL ORGAN AND TISSUE DONATIONS MADE PURSUANT TO THIS SECTION MUST BE ON A VOLUNTARY BASIS.

Rep. JEFFERSON explained the Bill.

H. 4072 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY 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 TO CORRECT ARCHAIC REFERENCES.

H. 4099 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO OFFICE BASED SURGERY, DESIGNATED AS REGULATION DOCUMENT NUMBER 3079, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. CHALK explained the Joint Resolution.

The following Bill was taken up:

S. 610 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.

Rep. MITCHELL proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11686AC07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   A.   Chapter 117, Title 44 of the 1976 Code is amended by adding:

Section 44-117-310.   As used in this article:

(1)   'Board' means the State Board of Pharmacy.

(2)   'Confidential information' means information that is personally identifiable and, can be traced back to the patient or prescribing practitioner, that is accessed or maintained by the pharmacist in the patient's records or that is communicated to the patient, as part of patient counseling, which is privileged, and may be released only to:

(a)   the patient or prescriber or, as the patient or prescriber directs;

(b)   those practitioners, other authorized health care professionals, and other pharmacists where, in the pharmacist's professional judgment, such release is necessary to protect the patient's health and well-being; and

(c)   such other persons or governmental agencies authorized by law to receive such confidential information, regardless of whether such information is in the form of paper, preserved on microfilm, or is stored on electronic media.

(3)   'Digital signature' means an electronic signature based upon cryptographic methods of originator authentication and computed by using a set of rules and set of parameters so that the identity of the signer and the integrity of the data can be verified.

(4)   'Electronic signature' means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(5)   'Electronic transmission' means transmission of information by electronic means, including computer to computer, computer to facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment.

(6)   'Practitioner' means a health care professional licensed in this State who is authorized by law to issue prescription drug orders.

(7)   'Prescription' or 'prescription drug order' means a lawful order of a practitioner for a drug or device for a specific patient that is communicated to a pharmacist.

(8)   'Routing company' means a business that electronically receives a prescription or any other confidential information from a prescriber and transmits the prescription or confidential information to the pharmacy specified by the patient in accordance with a contract between the routing company and the prescriber or a company that provides computer software for the management of the prescriber's practice.

Section 44-117-320.   (A)   A practitioner may electronically transmit a prescription to a pharmacy if all of these conditions are met:

(1)   A valid practitioner/patient relationship must exist.

(2)   The prescription must identify the transmitter's phone number for verbal confirmation, the time and date of transmission, and the pharmacy intended to receive the transmission and any other information required by federal or state law.

(3)   The prescription must be transmitted by the authorized practitioner or the practitioner's designated agent to the pharmacy of the patient's choice, and the prescription must be received only by a pharmacy, with no intervening person or entity having access to view, read, manipulate, alter, store, or delete the electronic prescription prior to its receipt at the pharmacy.

(4)   The prescription must be transmitted to the pharmacy of the patient's choice. If the pharmacy of the patient's choice is not equipped with the capability to accept an electronic prescription, the practitioner shall provide the patient with a written prescription, telephone an oral prescription, or transmit via facsimile to the pharmacy of the patient's choice.

(5)   The prescription must have the practitioner's electronic or digital signature or key code.

(6)   The prescription must be sent directly from the practitioner's computer or office directly to the receiving pharmacy of the patient's choice. If an electronic prescription is printed out, it must possess an original handwritten signature before being delivered to a patient. If a prescription is a hard copy prescription drug order generated from electronic media, a prescribing practitioner's electronic or manual signature must be present. Prescriptions with electronic signatures must be applied to paper that utilizes security features that will ensure the prescription drug order is not subject to any form of copying or alteration.

(B)   An electronically transmitted prescription is deemed the original prescription drug order if it meets the requirements of this article and other applicable laws and regulations.

(C)(1)   Nothing in this section may be construed to prohibit a practitioner from using a routing company to transmit a prescription pursuant to this article; except that a routing company shall provide its tax identification number to the Board of Pharmacy before offering its services in this State.

(2)   A routing company:

(a)   may, for the purpose of verifying an audit conducted of the routing company, store any prescription or other confidential information it receives or transmits pursuant to this article in a form that is secure and ensures the confidentiality of the information in compliance with federal and state privacy law; and

(b)   may not add a provision to, delete a provision from, or otherwise modify a prescription or any other confidential information that it receives or transmits pursuant to this article.

Section 44-117-330.   All electronic equipment for receipt of prescription drug orders communicated by way of electronic transmission must have adequate security and system safeguards and must be maintained so as to ensure patient confidentiality and to ensure against unauthorized access or an intervening person or entity having access to view, read, manipulate, alter, store, or delete the electronic prescription prior to its receipt by the pharmacy of the patient's choice. The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order consistent with existing federal or state laws and regulations. Once the drug has been dispensed, any alterations in prescription drug order data must be documented, including the identification of the pharmacist responsible for the alteration.

Section 44-117-340.   (A)   All laws and regulations applicable to oral prescription drug orders apply to all computer to computer, computer to facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment prescription orders.

(B)   A prescription order transmitted by computer to computer, computer to facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment must contain all prescription information required pursuant to Section 40-43-86(E) and federal and state law.

(C)   A practitioner or practitioner's agent shall note any generic substitution instructions on the electronic prescription order transmitted computer to computer, computer to facsimile machine, electronic device to computer, or e-mail. Such electronic prescription order may follow the format provided for in Section 40-43-86(H)(3) or any other format that clearly indicates the generic substitution instructions.

(D)   A pharmacist may dispense prescription orders transmitted by computer to computer, computer to facsimile machine, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic equipment only when a valid patient/physician relationship exists and the prescription has been signed by the prescribing practitioner and transmitted from the practitioner's office or a long-term care facility in compliance with all sections of this article.

(E)   The original document must be assigned the number of the prescription dispensed and maintained in the pharmacy records for at least two years.

(F)   The facsimile machine receiving prescription drug orders must be in the prescription department of the pharmacy to protect confidentiality and security.

Section 44-117-350.   (A)   Prescription information and other patient health care information received by a pharmacy must be maintained in a manner that protects the integrity and confidentiality of such information as provided by the State Board of Pharmacy in regulation.

(B)   A pharmacy shall provide a mechanism to prevent the disclosure of any information, confidential or otherwise, about patients that was obtained or collected by a pharmacist or pharmacy incidental to the delivery of pharmaceutical care other than as authorized in regulation.

(C)   The pharmacist-in-charge shall:

(a)   establish and maintain written policies and procedures for maintaining the integrity and confidentiality of prescription information and patient health care information. All employees of the pharmacy with access to this information must be required to comply with the established policies and procedures.

(b)   ensure that the requirements of this section are established and implemented.

Section 44-117-360.   To maintain the confidentiality and integrity of confidential information, the computer system must have adequate security and system safeguards designed to prevent and detect unlawful access, modifications, or manipulation of patient records.

Section 44-117-370.   The board may refuse to issue or renew, or may suspend, revoke, restrict the license or the registration of, or fine any person, routing company, or other entity for each incident that allows the divulging or revealing of confidential information to a person other than a person authorized by this article or any other provision of law or for each incident allowing an intervening person or entity to have access to view, read, manipulate, alter, store, or delete the electronic prescription before it is received by the pharmacy.

Section 44-117-380.   A pharmacist or pharmacy must not provide a computer modem or other similar electronic device to a prescriber, health care facility, or any other third party or provider entity for the purpose of providing an incentive to the practitioner, health care facility, or third party or provider entity that refers patients to a particular pharmacy or department. This does not prohibit a hospital from providing in-house equipment for the use of practitioners and the hospital pharmacy to communicate within the system.

Section 44-117-390.   Entities that offer electronic services for a pharmacist or pharmacy must comply with Section 40-43-86(F) of the South Carolina Pharmacy Practice Act."
B.   Sections 44-117-10 through 44-117-50 of the 1976 Code are designated as Article 1, Chapter 117, Title 44, entitled "Prescription Information Privacy Act"./
Renumber sections to conform.
Amend title to conform.

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

Rep. SPIRES explained the Bill.

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

The following Bill was taken up:

H. 3934 (Word version) -- Reps. McLeod, Jennings, Allen, Haskins, G. M. Smith and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "JUDICIAL ENHANCEMENT ACT", BY ADDING SECTION 14-17-380 SO AS TO DIRECT EACH COUNTY CLERK OF COURT TO REPORT CERTAIN INFORMATION TO COURT ADMINISTRATION REGARDING INDICTMENTS; BY ADDING ARTICLE 3 TO CHAPTER 27, TITLE 15 SO AS TO PROVIDE A PROCEDURE FOR THE ASSIGNMENT OF A SINGLE CIRCUIT COURT JUDGE TO COMPLEX CIVIL ACTIONS; BY ADDING SECTION 20-7-405 SO AS TO EMPOWER A FAMILY COURT JUDGE TO APPOINT A HEARING OFFICER TO HEAR MATTERS INSTITUTED IN THE FAMILY COURT; BY ADDING SECTION 20-7-425 SO AS TO FACTORS FOR THE FAMILY COURT TO CONSIDER WHEN DETERMINING ATTORNEY'S FEES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE IN ALL CIVIL ACTIONS, FOR ISSUING A SUMMONS AND COPY FOR THE DEFENDANT, AND FOR FILING JUDGMENT WITH OR WITHOUT A HEARING FROM FORTY-FIVE DOLLARS TO ONE HUNDRED TWENTY DOLLARS; TO AMEND SECTION 17-27-70, RELATING TO POST-CONVICTION RELIEF PROCEDURES, SO AS TO REVISE THE PROCEDURE FOR JUDICIAL REVIEW OF POST-CONVICTION RELIEF FILINGS TO INCLUDE THE ISSUANCE OF A CERTIFICATE OF PROBABLE CAUSE; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES COURTS, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 22-3-545, RELATING TO TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATES COURT, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE THAT A CASE MAY BE TRANSFERRED TO MAGISTRATES COURT IF THE PENALTY FOR THE CRIME DOES NOT EXCEED ONE YEAR OR IS A CRIME CLASSIFIED AS A MISDEMEANOR; AND TO AMEND SECTION 24-13-150, RELATING TO SERVICE OF A SENTENCE BY A PERSON WHO COMMITS A "NO PAROLE OFFENSE", SO AS TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO FURTHER REDUCE AN OFFENDER'S SENTENCE BELOW THE MANDATED EIGHTY-FIVE PERCENT REQUIREMENT DOWN TO SEVENTY-FIVE PERCENT UNDER CERTAIN CIRCUMSTANCES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7329AHB07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   This act may be cited as the "Judicial Enhancement Act".
SECTION   2.   Article 3, Chapter 17, Title 14 of the 1976 Code is amended by adding:

"Section 14-17-380.   Each county clerk of court, as directed by the South Carolina Court Administration, shall report to Court Administration all indictments for which a true bill is returned by the Grand Jury, which must include the date on which the indictment was issued by the Grand Jury, the identity of the defendant, the offense charged, and the identifying number of the warrant associated with the indictment."
SECTION   3.   Chapter 27, Title 15 of the 1976 Code is amended by adding:

Section 15-27-300.   (A)   Upon motion of counsel made after the filing of the original complaint in a civil action, the Chief Administrative Judge of a judicial circuit may assign the action to a judge within the circuit who has jurisdiction to handle that case from beginning to end if the Chief Administrative Judge finds that the case is complex or that the ends of justice or judicial economy would be served by the designation of the case to a single circuit judge.

(B)   The motion may be granted on the information contained in the motion or the Chief Administrative Judge may require a hearing to determine whether the case justifies the designation of a single circuit judge.

(C)   If the motion is granted, the case may not be called for trial before the date designated in the order. The Chief Administrative Judge shall assign the case to a single judge permanently residing in the circuit, and all pretrial motions and other matters pertaining to the case are under the exclusive jurisdiction of the judge assigned to the case. When appropriate, the case must be given a date certain for trial with the trial of the case handled by the assigned judge.

(D)   If the Chief Administrative Judge believes that the case does not require the assignment of a single judge to handle the case from beginning to end, he may partially grant the motion by providing a date in the order before which the case cannot be called to trial. This allows counsel adequate time to prepare the case for trial without the necessity of having to attend roster meetings and justify a continuance. Continuances beyond the date established in the scheduling order may not be requested or granted by the Chief Administrative Judge without a showing of exceptional circumstances. When the continuance expires, the case must be handled in the same manner as all other civil cases.

(E)   If the Chief Administrative Judge does not believe that the case requires the assignment of a single judge to handle the case from beginning to end pursuant to the provisions of this section, or does not believe that the case requires additional time for preparation, he may deny the motion and the case must be placed on the trial roster and handled in the same manner as all other civil cases.

(F)   If the motion is granted and a single judge is assigned to handle the case from beginning to end, copies of the motion and order granting the motion must be provided by the clerk of court to counsel of record, the judge assigned to the case, and the South Carolina Court Administration.

(G)   The South Carolina Supreme Court may implement the provisions of this section by rule or otherwise and may prepare a specified form of motion to be used pursuant to the requirements of this section."
SECTION   4.   Article 5, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-425.   (A)   In determining whether to award attorney's fees pursuant to Section 20-7-420(38), the court must consider and make findings of fact in writing with regard to each of the following factors:

(1)   ability of each party to pay his own attorney's fees;

(2)   beneficial results obtained by the party's attorney;

(3)   parties' respective financial conditions;

(4)   effect of the fee on each party's standard of living;

(5)   existence, nature, and content of an offer of settlement or an offer of judgment made by the party from whom the recovery of attorney's fees is sought; and

(6)   final report of mediation that bears on the willingness of the parties or their attorneys to engage in and cooperate with the mediation process.

(B)   In determining a reasonable amount of attorney's fees to award pursuant to Section 20-7-420(38), after the court determines that an amount of attorney's fees should be awarded pursuant to subsection (A), the court must consider and make findings of fact in writing with regard to each of the following factors:

(1)   nature, extent, and difficulty of the case;

(2)   time necessarily devoted to the case;

(3)   professional standing of counsel;

(4)   contingency of compensation;

(5)   beneficial results obtained;

(6)   customary legal fees for similar services;

(7)   existence, nature, and content of an offer of settlement or offer of judgment made by the party from whom the recovery of attorney's fees is sought; and

(8)   final report of mediation that bears on the willingness of the parties or their attorneys to engage in and cooperate with the mediation process.

(C)   For purposes of subsections (A)(5) and (6) and (B)(7) and (8), an offer of settlement or offer of judgment and the final report of mediation must be filed with the court under seal within ten days of a final hearing to establish a record of the offer or report and to provide the court with the information necessary to make findings of fact on these issues upon resolution of the final hearing.

(D)   The provisions of this section do not apply to applications, motions, or petitions for temporary relief pending a final decision."
SECTION   5.   Section 8-21-1010(6), as last amended by Act 226 of 2000, is further amended to read:

"(6)   in all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, forty-five one hundred twenty dollars;"
SECTION   6.   Section 17-27-70 of the 1976 Code is amended to read:

"Section 17-27-70.   (a)(A)   Within thirty days after the docketing of the application, or within any further another time the court may fix, the State shall respond by answer or by motion which may be supported by affidavits. At any time prior to Before entry of judgment the court may, when appropriate, may issue orders for amendment of the application or any a pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any a pleading. In considering the application, the court shall take account of substance, regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof of it that are material to the questions raised in the application.

(b)(B)   When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact When all filings required by the provisions of subsection (A) have been received, the clerk of court shall forward the documents to the trial judge who presided over the case that resulted in the applicant's conviction. The judge must review the materials and determine whether there are disputed issues of material fact or law that, if correct, would require granting the application.

(1)   If the judge determines that the application contains disputed issues of material fact or law that require granting the application, he shall issue a Certificate of Probable Cause directed to the clerk of court of the circuit in which the application was filed. Upon receipt of the Certificate of Probable Cause, the clerk of court shall appropriately schedule the case for a hearing before a circuit judge other than the sentencing judge. If the applicant is indigent, counsel must be appointed to represent the applicant at the hearing by a circuit judge other than the sentencing judge.

(2)   If the judge determines that the application contains no disputed issues of material fact or law that require granting the application and no purpose is served by further proceedings, he shall deny the Certificate of Probable Cause and enter an order dismissing the application.

(3)   The issuance of a Certificate of Probable Cause is not binding on the judge who presides over the subsequent hearing on the application and the court may deny or dismiss the application subsequent to the issuance of a Certificate of Probable Cause.

(4)   The decision to deny a Certificate of Probable Cause is immediately appealable by the applicant.

(c)(C)   The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law."
SECTION   7.   Section 22-3-10 of the 1976 Code is amended to read:

"Section 22-3-10.   Magistrates have concurrent civil jurisdiction in the following cases:

(1)   in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred fifteen thousand dollars;

(2)   in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;

(3)   in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed seven thousand five hundred fifteen thousand dollars;

(4)   in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;

(5)   in actions upon a bond conditioned for the payment of money, not exceeding seven thousand five hundred fifteen thousand dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;

(6)   in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed seven thousand five hundred fifteen thousand dollars;

(7)   in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;

(8)   to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed seven thousand five hundred fifteen thousand dollars;

(9)   in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars;

(10)   in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27;

(11)   in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of seven thousand five hundred fifteen thousand dollars;

(12)   in all actions provided for in this section when a filed counterclaim involves a sum not to exceed seven thousand five hundred fifteen thousand dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land;

(13)   in interpleader actions arising from real estate contracts for the recovery of earnest money, only if the sum claimed does not exceed seven thousand five hundred fifteen thousand dollars; and

(14)   in actions for damages arising from a person's failure to return leased or rented personal property within seventy-two hours after the expiration of the lease or rental agreement, such damages to be based on the loss of revenue or replacement value of the property, whichever is less, if the damages claimed do not exceed seven thousand five hundred fifteen thousand dollars; however, the lease or rental agreement must set forth the manner in which the amount of the loss of revenue or replacement value of the item leased or rented is calculated."
SECTION   8.   Section 22-3-545(A) of the 1976 Code is amended to read:

"(A)   Notwithstanding the provisions of Sections 22-3-540 and 22-3-550, a criminal case, the penalty for which the crime in the case does not exceed five thousand five hundred dollars or one-year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed the following types of cases may be transferred from general sessions court pursuant to the provisions of this section:

(1)   criminal cases in which the penalty for the crime in the case does not exceed one-year imprisonment; or

(2)   crimes classified as misdemeanors in Section 16-1-100."
SECTION   9.   Chapter 25, Title 17 of the 1976 Code is amended by adding:

"Section 17-25-65.   (A) The court may correct, within seven days of sentencing, a sentence that resulted from arithmetical, technical, or other clear error.

(B)   Upon motion of the State:

(1)   within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provides substantial assistance in investigating or prosecuting another person; and

(2)   one year or more after sentencing, the court may reduce a sentence if the defendant's substantial assistance involves information:

(a)   not known by the defendant until one year or more after the defendant's sentencing;

(b)   provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing; or

(c)   the usefulness of which could not reasonably be anticipated by the defendant until more than one year after sentencing and which he promptly provided to the State after its usefulness became reasonably apparent to him.

(C)   In evaluating whether the defendant has provided substantial assistance, the court may consider the presentence assistance of the defendant.

(D)   Notwithstanding another provision of law, this section authorizes the court to reduce the sentence below the minimum sentence established by law."
SECTION   10.   Section 22-3-550(A) of the 1976 Code is amended to read:

"(A)   Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution in an amount not to exceed five fifteen thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.

A magistrate may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay."
SECTION   11.   (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.
SECTION   12.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   13.   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   14.   The provisions of this act take effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH 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. 3176 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 61-6-4550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON OFFERING DISCOUNT PRICES FOR THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AT CERTAIN TIMES, SO AS TO ALSO PERMIT DISCOUNT SALES ON ONE FULL DAY OF THE WEEK.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11674AB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 61-6-4550(A) and inserting:
/(A)   No A person who holds a biennial license to sell alcoholic liquors for on-premises consumption may not advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Alcoholic liquors may be sold at a price less than the price regularly charged from four o'clock p.m. until eight o'clock p.m. only. /
Renumber sections to conform.
Amend title to conform.

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

Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11691AB07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Section 61-4-160 of the 1976 Code is amended to read:

"Section 61-4-160.   No A person who holds a biennial permit to sell beer or wine for on-premises consumption may not advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Beer or wine may be sold at a price less than the price regularly charged from four o'clock p.m. until eight o'clock p.m. only. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a biennial permit has been issued, or to a customer attending a function sponsored by the person who holds a biennial permit. However, no more than two functions may be sponsored each year, and must be authorized by the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or imprisoned not less than three months, in the discretion of the court.
A person found guilty of a violation of Section 61-6-4550 and this section may not be sentenced under both sections for the same offense."/
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON 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. 3827 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY AND ELECTION DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.

Reps. KIRSH, DAVENPORT, F. N. SMITH, UMPHLETT, HOSEY, BATTLE and HIOTT requested debate on the Bill.

The following Bill was taken up:

H. 3852 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO, AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES WHETHER OR NOT THE VOLUNTEER RECEIVES FINANCIAL GAIN FOR THE VOLUNTEER SERVICES, AND TO PROVIDE SUCH IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7324AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-4-320(B), as contained in SECTION 2, page 2, beginning on line 37, and inserting:
/ "(B)   Where possible, existing provisions set forth in the State Emergency Operations Plan for the safe disposal of human remains must be used in a public health emergency. Where the State Emergency Operations Plan is not sufficient to handle the safe disposal of human remains for a public health emergency, DHEC, in coordination with coroners, medical examiners, and funeral directors, must adopt and enforce measures to provide for the safe disposal of human remains as may be reasonable and necessary for emergency response. These measures may include be related to procedures including, but are not limited to, the death certificates, autopsies, embalming, burial, cremation, interment, disinterment, transportation, and disposal of human remains." /
Amend the bill further, Section 44-4-570(C)(1), as contained in SECTION 6, by striking / out-of-state / on page 5, line 13.
Renumber sections to conform.
Amend title to conform.

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

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

The following Bill was taken up:

S. 182 (Word version) -- Senators Fair, Campsen, Richardson, Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE DEPARTMENT OF COMMERCE SHALL DEVELOP AND MAINTAIN A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT CERTAIN AMOUNTS FROM THE GROSS EARNINGS OF THE INMATES ENGAGED IN PRISON INDUSTRY SERVICE WORK.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7323AHB07), which was adopted:
Amend the bill, as and if amended, by deleting Section 24-1-290, as contained in SECTION 2, beginning on page 2, beginning on line 19, and inserting:
/ "Section 24-1-290.   The Director of the Department of Corrections may enter into contracts with private sector entities that allow inmate labor to be provided for prison industry service work and export work that involves exportation of products. The use of inmate labor may not result in the displacement of employed workers within the local region in which work is being performed. Pursuant to this section, service work is defined as any work that includes repair, replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original equipment manufacturing. The department may negotiate the wage to be paid for inmate labor provided under prison industry service work contracts and export work contracts, and these wages may be less than the prevailing wage for work of a similar nature in the private sector. However, the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in prison industry service work in addition to any other required deductions:

(1)   If restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation.

(2)   If restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if the court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund.

(3)   Ten percent must be retained by the Department of Corrections to defray the costs of the inmates room and board.

(4)   Thirty-five percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court-ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, then twenty-five percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board. This twenty-five percent is in addition to the ten percent used for the same purpose in subsection (3). Furthermore, if there are no child support obligations, then ten percent must be made available to the inmate during his incarceration for the purchase of incidentals. This is in addition to the ten percent used for the same purpose in subsection (5).

(5)   Ten percent must be made available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.

(6)   Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.

(7)   The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals pursuant to subsection (5)." /
Renumber sections to conform.
Amend title to conform.

Rep. HAGOOD 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. 391 (Word version) -- Senators Knotts, Elliott, Grooms, Drummond, Ford, Anderson, McGill and Mescher: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE ALSO SHALL MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20344SD07), which was adopted:
Amend the bill, as and if amended, by striking Section 17-5-50 of the 1976 Code, as contained in SECTION 1, and inserting:
/   Section 17-5-50.   In the event of a vacancy in the office of coroner, the Governor may fill the office by appointment, as provided in Section 4-11-20. In the event of a vacancy in the office of coroner, the Governor shall fill the office by appointment as provided in Section 4-11-20. The chief magistrate of the county or his designee shall serve as coroner until such time as the Governor appoints a qualified replacement, and he takes office.   /
Renumber sections to conform.
Amend title to conform.

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

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

The motion of Rep. UMPHLETT to reconsider the vote whereby the following Bill was rejected was taken up and rejected:

H. 3825 (Word version) -- Reps. Limehouse and Ceips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-9-60 SO AS TO REQUIRE THE ASSESSMENT OF A FEE BY THE DEPARTMENT OF AGRICULTURE FOR AN OWNER OF A MARSH TACKY HORSE TO REGISTER HIS HORSE WITH THE DEPARTMENT FOR THE PURPOSE OF PRESERVING AND TRACKING MARSH TACKYS IN THE STATE, TO REQUIRE THE FEES COLLECTED TO BE USED TO OFFSET THE DEPARTMENT'S COSTS OF MAINTAINING A REGISTRY, AND TO REQUIRE THE UNUSED PORTION OF THE FEES TO BE REMITTED TO THE GENERAL FUND OF THE STATE.

Rep. M. A. PITTS asked unanimous consent to recall H. 3148 (Word version) from the Committee on Judiciary.
Rep. HART objected.

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

H. 3161 (Word version) -- Reps. Walker, Mahaffey, Herbkersman, Cotty, Hagood, Scarborough and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE FOR THE MAXIMUM SCHOOL BUS RIDE TIME OF EACH STUDENT AND ROUTING EFFICIENCY FOR EACH SCHOOL BUS; BY ADDING SECTION 59-67-108 SO AS TO PROVIDE FOR REQUIRED SCHOOL BUS DRIVER CERTIFICATION TRAINING; BY ADDING SECTION 59-67-415 SO AS TO PROVIDE THAT PARENTS ARE RESPONSIBLE FOR THE SAFETY, CONDUCT, AND TIMELY ARRIVAL OF THEIR CHILDREN TO, FROM, AND AT THE SCHOOL BUS STOP; TO AMEND SECTION 59-67-100, RELATING TO SCHOOL BUS SEATING SPACE AND STUDENTS ASSIGNED TO A SCHOOL BUS, SO AS TO PROVIDE THAT THE NUMBER OF STUDENTS ASSIGNED TO A SCHOOL BUS MUST NOT BE GREATER THAN THE MANUFACTURER CERTIFIED SEATING CAPACITY AND PROVIDE THAT ALL PASSENGERS TRANSPORTED MUST HAVE ADEQUATE SEATING AREA TO COMPLY WITH CERTAIN STANDARDS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF BUSES, SO AS TO PROVIDE THAT SCHOOL BUSES MUST BE INSPECTED AT LEAST ONCE ANNUALLY; AND TO AMEND SECTION 59-67-420, RELATING TO TRANSPORTATION TO BE PROVIDED TO STUDENTS, SO AS TO PROVIDE THAT THE STATE SHALL BEAR THE COST OF TRANSPORTING STUDENTS WHEN THE TRANSPORTATION IS AUTHORIZED BY STATE LAW OR REGULATION, PROVIDE THAT THE STATE MAY ASSUME THE RESPONSIBILITY OF TRANSPORTING STUDENTS WHO LIVE WITHIN A CERTAIN DISTANCE OF THE SCHOOL WHEN HAZARDOUS TRAFFIC CONDITIONS ARE INVOLVED, PROVIDE THAT THE SCHOOL DISTRICT SHALL ESTABLISH HAZARDOUS TRAFFIC CRITERIA, PROVIDE FOR HAZARDOUS TRAFFIC FUNDS, PROVIDE THAT THE STATE SHALL PROVIDE TRANSPORTATION TO AND FROM THE RESIDENCE OF EACH UNESCORTED STUDENT PURSUANT TO CERTAIN CIRCUMSTANCES AND DEFINE UNESCORTED STUDENT.

Rep. WALKER proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\20347SD07), which was adopted:
Amend the bill, as and if amended, in Section 59-67-108 of the 1976 Code, as contained in SECTION 2, by striking item (3), subsection (A) and inserting:
/   (3)   When transporting public school students, a driver operating a bus owned by a local school agency or by a private contractor that is not in compliance with either Section 56-5-2770 or the National School Bus chrome yellow requirements in Section 59-67-30 must possess a School Bus Driver's Certificate-B, as established by the State Board of Education. A driver who possesses a School Bus Driver's Certificate-B may not use traffic control devices permitted in Section 56-5-2770./
Renumber sections to conform.
Amend title to conform.

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

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

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

H. 3833 (Word version) -- Reps. Moss, Littlejohn and Phillips: A BILL TO REVISE THE DATE FOR ELECTIONS FOR THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, THE FILING PERIOD, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTIONS ARE DETERMINED.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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

The Senate returned to the House with concurrence the following:

H. 3207 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES GAUL CREEK ALONG SOUTH CAROLINA HIGHWAY 3 IN ALLENDALE COUNTY "CLEMENT O. MCINTOSH, SR. BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CLEMENT O. MCINTOSH, SR. BRIDGE".

H. 3844 (Word version) -- Reps. Vick, Neilson, Lucas and Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG DON HILL ROAD (S-13-59) IN CHESTERFIELD COUNTY "BOATWRIGHT BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "BOATWRIGHT BRIDGE".

H. 4030 (Word version) -- Reps. McLeod, Leach, 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, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, 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 CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2007, AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA AND TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

H. 4104 (Word version) -- Reps. Williams, Neilson, Jefferson and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE LAMAR HIGH SCHOOL GIRLS TRACK TEAM AND THEIR COACHES FOR WINNING THE 2007 STATE CLASS A GIRLS TRACK CHAMPIONSHIP.

H. 4112 (Word version) -- Reps. Agnew, White, Gambrell, 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, 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, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND L. TRACY CARTER, JR., PRINCIPAL OF DIXIE HIGH SCHOOL IN ABBEVILLE COUNTY FOR A TRULY DISTINGUISHED THIRTY-EIGHT YEAR CAREER AS A TEACHER, COACH, AND PRINCIPAL UPON HIS RETIREMENT, AND TO EXTEND TO HIM EVERY BEST WISH IN ALL HIS FUTURE ENDEAVORS.

At 1:12 p.m. the House, in accordance with the motion of Rep. AGNEW, adjourned in memory of Margaret Bowie of Abbeville, to meet at 10:00 a.m. tomorrow.

This web page was last updated on Monday, June 22, 2009 at 1:38 P.M.