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 Isaiah 40:28: "Do you not know? Have you not heard? The Lord is the everlasting God, the Creator of the ends of the earth. He will not grow tired or weary, and his understanding no-one can fathom."
Let us pray. Dear Lord, carefully watch over each of these, Your people, as they continue to address the needs of others. Because You are the everlasting God, You provide every needful thing for our lives. Give these Representatives and staff the strength, courage, and wisdom to tackle the problems and bring them to a successful conclusion. Bless our Nation, President, State, Governor, Speaker and all who serve in government. 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. ANTHONY moved that when the House adjourns, it adjourn in memory of his father, Ernest Anthony, which was agreed to.

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

H. 3256 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 38-57-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADVERTISING GIFTS GIVEN BY INSURANCE AGENTS TO INSUREDS AND OTHERS, SO AS TO INCREASE FROM FIVE TO

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

S. 155 (Word version) -- Senators Campsen, McConnell, Leatherman, Gregory, Elliott, Rankin, Vaughn, Ryberg, Courson, Richardson, Hayes, Mescher, Ritchie, Knotts, Cleary, Alexander and Fair: A BILL TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND TO RATIFY AMENDMENTS TO SECTION 17, ARTICLE I, AND SECTION 5, ARTICLE XIV, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.
Ordered for consideration tomorrow.

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

S. 156 (Word version) -- Senators Campsen, McConnell, Leatherman, Vaughn, Courson, Hayes, Richardson, Ritchie, McGill, Knotts, Elliott, Alexander, Verdin and Fair: A BILL TO RATIFY AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND

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

H. 3624 (Word version) -- Reps. Herbkersman, Cotty, Bannister, Breeland, Crawford, Duncan, Edge, Harrison, Hinson, Huggins, Jennings, Scott, G. M. Smith, Miller, Battle and Perry: A BILL TO AMEND SECTION 61-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES.
Ordered for consideration tomorrow.

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

H. 3711 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT

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

H. 3428 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND CHAPTER 28 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO RESERVE POLICE OFFICERS, SO AS TO PROVIDE FOR LAW ENFORCEMENT AGENCIES OF THE STATE TO APPOINT RESERVE OFFICERS IN THE SAME MANNER AS MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCIES.
Ordered for consideration tomorrow.

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

H. 3134 (Word version) -- Reps. Weeks, Taylor, Cobb-Hunter and M. A. Pitts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT IT IS IN THE CHILD'S BEST INTEREST TO HAVE VISITATION WITH THE GRANDPARENT, THE COURT MAY ORDER SUCH VISITATION.
Ordered for consideration tomorrow.

H. 3317 (Word version) -- Reps. Walker, Hinson, Harrell, Cobb-Hunter, Weeks, Hart, F. N. Smith, Parks, Knight, Williams, Jefferson, Howard, McLeod and Mahaffey: A BILL TO AMEND ARTICLE 13, CHAPTER 43, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GIFT OF LIFE TRUST FUND, SO AS TO CHANGE THE NAME TO "DONATE LIFE SOUTH CAROLINA", AND TO ADD ARTICLE 14 TO CHAPTER 43, TITLE 44 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR REGISTRY TO BE ADMINISTERED BY DONATE LIFE SOUTH CAROLINA; AND TO AMEND SECTION 56-1-80, RELATING TO DRIVER'S LICENSE AND PERMIT APPLICATIONS, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE ORGAN DONOR INFORMATION INDICATED ON SUCH APPLICATIONS TO DONATE LIFE SOUTH CAROLINA.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3136 (Word version) -- Reps. Brady, Scarborough, Cobb-Hunter, Funderburk, Miller, Harvin, Ceips, Parks, Neilson, Haley, Knight, Viers, Vick, Whitmire, Brantley, Allen, Davenport, Hardwick, Scott, Anthony, Gullick, Breeland, Mack, Battle, Williams, Sandifer, R. Brown, Govan, Hosey, Edge, McLeod, Hart, Hayes, Jennings, Agnew, Gambrell, J. H. Neal, Weeks, Harrison, Spires, Moss, Rutherford, Bales, Branham, Mitchell, F. N. Smith, Jefferson, Merrill, Anderson, Herbkersman, Pinson, Taylor, Huggins, Mahaffey, Alexander, Clyburn, Phillips, Lowe, Dantzler, Witherspoon, Whipper, Coleman, Stavrinakis and Barfield: A BILL TO ENACT THE "CERVICAL CANCER PREVENTION ACT" SO AS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-187 SO AS TO PROVIDE THAT BEGINNING WITH THE 2009-2010 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REQUIRE FEMALE STUDENTS ENROLLING IN THE SEVENTH GRADE TO HAVE RECEIVED THE CERVICAL CANCER VACCINE SERIES AND

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3286 (Word version) -- Reps. Crawford and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-70 SO AS TO PROVIDE FOR THE USE OF PLAIN LANGUAGE COMMUNICATIONS BY EACH STATE AND LOCAL EMERGENCY, FIRE, AND LAW ENFORCEMENT AGENCY.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3304 (Word version) -- Reps. J. M. Neal, McLeod, Branham, Chalk, Frye, Gambrell, Littlejohn, Lucas, Mulvaney, Neilson, Rice, Spires, Viers and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT

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

S. 498 (Word version) -- Senators Mescher, Grooms and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-35 SO AS TO PROVIDE THAT THE TWENTY-SEVENTH DAY OF FEBRUARY OF EACH YEAR IS DESIGNATED AS "GENERAL FRANCIS MARION MEMORIAL DAY" IN HONOR OF THIS SOUTH CAROLINA REVOLUTIONARY WAR HERO.
Ordered for consideration tomorrow.

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

H. 3846 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO ENACT PROVISIONS TO PROTECT SOUTH CAROLINA RATEPAYERS BY ENHANCING THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES SERVING CONSUMERS IN THIS STATE AND THE RECOVERY OF FUEL COSTS INCLUDING PROVISIONS TO AMEND CHAPTER 33 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, RELATING TO ELECTRICAL UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION SO AS TO REVISE PROCEDURES FOR APPROVING COSTS ASSOCIATED WITH THE ADDITION OF BASE LOAD GENERATION PLANTS AND TO PROTECT SOUTH CAROLINA RATEPAYERS BY ENHANCING THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES IN THIS STATE; TO AMEND SECTION 58-27-610, RELATING TO DEFINITIONS IN REGARD TO SERVICE RIGHTS OF ELECTIVE SUPPLIERS, SO AS TO ADD A DEFINITION OF "CORRIDOR RIGHTS"; TO AMEND SECTION 58-27-620, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO FURTHER PROVIDE FOR THESE RIGHTS AND RESTRICTIONS

H. 3847 (Word version) -- Reps. Bedingfield, Walker, E. H. Pitts, Ballentine and Gambrell: A BILL TO AMEND SECTION 59-18-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEVELOPMENT OF A STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE, SO AS TO REVISE A DATE BY WHICH STUDENTS ARE REQUIRED TO PASS CERTAIN HIGH SCHOOL CREDIT COURSES IN WHICH END-OF-COURSE EXAMINATIONS ARE ADMINISTERED.
Referred to Committee on Education and Public Works

H. 3848 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 4-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEE IN LIEU OF PROPERTY TAXES, SO AS TO

H. 3851 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-65 SO AS TO PROVIDE THAT THE COURT MAY CORRECT, WITHIN SEVEN DAYS OF SENTENCING, A SENTENCE THAT RESULTED FROM ARITHMETICAL, TECHNICAL, OR OTHER CLEAR ERROR, AND TO PROVIDE THAT UPON MOTION OF THE STATE, A COURT MAY REDUCE A SENTENCE WHEN A DEFENDANT, AFTER SENTENCING, PROVIDES SUBSTANTIAL ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF ANOTHER PERSON AND TO PROVIDE THE COURT MAY REDUCE A SENTENCE BELOW THE MINIMUM SENTENCE SET BY LAW WHEN THE DEFENDANT PROVIDES SUBSTANTIAL ASSISTANCE AFTER SENTENCING.
Referred to Committee on Judiciary

H. 3852 (Word version) -- Rep. Harrison: 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

H. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts and Spires: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR

H. 3854 (Word version) -- Reps. Miller, Bales, Littlejohn and Witherspoon: A BILL TO AMEND SECTION 50-21-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING THE USE AND OPERATION OF PERSONAL WATERCRAFT AND OTHER VESSELS, SO AS TO PROVIDE FOR RESTRICTIONS ON THE OPERATION OF CERTAIN WATERCRAFT, DEVICES OR VESSELS WITHIN ONE HUNDRED FEET OF A MOORED OR ANCHORED VESSEL, DOCK OR PIER, OR PERSON IN THE WATER IN CERTAIN PORTIONS OF MURRELLS INLET.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3857 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO PROVIDE PENALTIES FOR FAILURE TO APPEAR IN COURT UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON HAS BEEN RELEASED ON BOND; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE.
Referred to Committee on Judiciary

S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
Referred to Committee on Judiciary

S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE

S. 389 (Word version) -- Senators Campsen, Bryant, Vaughn, Grooms, Martin, Verdin, Scott, Richardson, Fair, Ryberg, Thomas and Gregory: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AGE OF CONSENT, SO AS TO

S. 446 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Anderson, Vaughn, Hawkins, Scott, Williams, Drummond, Mescher, Thomas, Short, Hutto, Leatherman, Richardson, Leventis, Elliott, Patterson, Pinckney, Land, Lourie, Jackson, Peeler, Sheheen, Moore and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDIGENT DEFENSE ACT" BY ADDING SECTION 17-3-5 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE CHAPTER; BY ADDING ARTICLE 5, CHAPTER 3, TITLE 17 SO AS TO ESTABLISH CIRCUIT PUBLIC DEFENDER SELECTION PANELS, PROVIDE FOR THEIR MEMBERSHIP AND RESPONSIBILITIES RELATED TO THE APPOINTMENT OF CIRCUIT PUBLIC DEFENDERS, PROVIDE ELIGIBILITY REQUIREMENTS FOR CIRCUIT PUBLIC DEFENDERS AND ESTABLISH THEIR DUTIES, AND AUTHORIZE THE CIRCUIT PUBLIC DEFENDERS TO EMPLOY CHIEF COUNTY PUBLIC DEFENDERS AND OTHER NECESSARY PERSONNEL; TO AMEND SECTION 17-3-30, RELATING TO THE AFFIDAVIT REGARDING A PERSON'S INABILITY TO EMPLOY COUNSEL AND PAYMENT OF AN INDIGENT PERSON'S ASSETS TO THE STATE, SO AS TO PROVIDE THOSE ASSETS ARE TO BE PAID TO THE GENERAL FUND OF THE STATE; TO AMEND SECTION 17-3-50, RELATING TO FEES FOR APPOINTED COUNSEL AND PUBLIC DEFENDERS, SO AS TO DELETE OBSOLETE LANGUAGE REGARDING THE APPOINTMENT OF COUNSEL IN ACCORDANCE WITH A PLAN PROMULGATED BY THE BAR OF EACH COUNTY; TO AMEND SECTION 17-3-90, RELATING TO PAYMENT VOUCHERS FOR PRIVATE, APPOINTED COUNSEL, SO AS TO MAKE CONFORMING CHANGES AND TO AUTHORIZE THE OFFICE OF INDIGENT DEFENSE TO PRESENT THE VOUCHER TO THE TRIAL JUDGE FOR APPROVAL; BY REVISING ARTICLE 3, CHAPTER 3, TITLE 17, SO AS TO MAKE CONFORMING CHANGES TO THE ARTICLE IN RELATION TO THE ADDITION OF ARTICLE 5; AND TO REPEAL SECTION 17-3-60 RELATING TO PROCEDURES FOR

S. 598 (Word version) -- Senators Campsen, McConnell, Moore, Fair, Grooms, Ritchie, Verdin, Malloy, Bryant and Knotts: A BILL TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, BY ADDING ARTICLE 4 SO AS TO ENACT THE "TELEVISION PROGRAMMING PROTECTION ACT" TO REQUIRE A CABLE OR VIDEO SERVICE PROVIDER TO BLOCK ALL VIDEO AND AUDIO ON ANY CHANNEL THAT A SUBSCRIBER HAS NOT PURCHASED.
Referred to Committee on Labor, Commerce and Industry

The following was introduced:

H. 3849 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO CONGRATULATE REVEREND LEON ERROL SWANSON UPON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 3850 (Word version) -- Reps. M. A. Pitts, Brantley, Alexander, Anderson, Branham, G. Brown, Clyburn, Duncan, Hardwick, Hodges, Hosey, Jefferson, Leach, Miller, Pinson, Rice, Taylor, Toole, Whipper and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE PIEDMONT AMERICAN INDIAN ASSOCIATION LOWER EASTERN CHEROKEE NATION OF SOUTH CAROLINA ON THE DISTINGUISHED HONOR OF ITS RECOGNITION AS A

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

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

H. 3855 (Word version) -- Rep. Alexander: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WILSON HIGH SCHOOL "TIGERS" BOYS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON AN OUTSTANDING SEASON AND FOR CAPTURING THE 2006 CLASS AAA STATE CHAMPIONSHIP.

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 Wilson High School "Tigers" boys varsity basketball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of congratulating them on an outstanding season and for capturing the 2006 Class AAA State Championship.

The Resolution was adopted.

The following was introduced:

H. 3856 (Word version) -- Rep. Alexander: A HOUSE RESOLUTION TO CONGRATULATE THE WILSON HIGH SCHOOL "TIGERS" BOYS VARSITY BASKETBALL TEAM OF FLORENCE COUNTY ON ITS IMPRESSIVE SEASON WINNING THE CLASS AAA

The Resolution was adopted.

The Senate sent to the House the following:

S. 627 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION HONORING AND THANKING THE SOUTH CAROLINA STUDENT LEGISLATURE FOR ALL THE HARD WORK AND DUTIFUL SERVICE IN HELPING TO EDUCATE THE STUDENTS OF SOUTH CAROLINA IN THE WORKINGS OF GOVERNMENT AND THE LEGISLATURE AND WISHING THEM MUCH SUCCESS IN THEIR CONTINUED YEARS OF SERVICE.

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

The Senate sent to the House the following:

S. 659 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION CONGRATULATING BOY SCOUT TROOP 329 OF GEORGETOWN COUNTY ON THE SEVENTIETH ANNIVERSARY OF ITS FOUNDING AND ITS INVALUABLE CONTRIBUTIONS TO THE YOUTH OF THE TOWN OF ANDREWS AND THE CITIZENS OF SOUTH CAROLINA.

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

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

Alexander              Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clemmons               Cobb-Hunter            Cooper

Cotty                  Crawford               Delleney
Duncan                 Edge                   Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Leach
Littlejohn             Loftis                 Lowe
Mack                   Mahaffey               McLeod
Miller                 Moss                   Mulvaney
J. M. Neal             Ott                    Owens
Parks                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Shoopman               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Walker
Weeks                  Whipper                White
Whitmire               Williams               Witherspoon

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

Paul Agnew                        Ted Vick
Jerry Govan                       Bakari Sellers
William Clyburn                   Glenn Hamilton
Creighton Coleman                 Denny Neilson
James Lucas                       Gary Simrill
Thad Viers                        Karl Allen
Joseph Neal                       Ralph Davenport
Todd Rutherford                   H. B. "Chip" Limehouse
Annette Young
Fletcher Smith
Harold Mitchell
Shirley Hinson   Joseph Jefferson
Thomas Dantzler
David Umphlett

The SPEAKER granted Rep. PERRY a leave of absence for today and tomorrow due to his son's wedding.

The SPEAKER granted Rep. BATTLE a leave of absence for today and tomorrow due to business reasons.

Rep. GOVAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 10.

Announcement was made that Dr. Charles B. Thomas of Greenville was the Doctor of the Day for the General Assembly.

Reps. G. M. SMITH, TAYLOR and BEDINGFIELD presented to the House the Hillcrest High School "Rams" Wrestling Team, the 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. 3006 (Word version)
Date:   ADD:
04/11/07   TOOLE

Bill Number:   H. 3143 (Word version)
Date:   ADD:
04/11/07   M. A. PITTS

Bill Number:   H. 3143 (Word version)
Date:   ADD:
04/11/07   MILLER

Bill Number:   H. 3296 (Word version)
Date:   ADD:
04/11/07   TOOLE

Bill Number:   H. 3466 (Word version)
Date:   ADD:
04/11/07   CRAWFORD

Bill Number:   H. 3499 (Word version)
Date:   ADD:
04/11/07   TOOLE

Bill Number:   H. 3615 (Word version)
Date:   REMOVE:
04/11/07   SHOOPMAN

Bill Number:   H. 3136 (Word version)
Date:   REMOVE:
04/11/07   CLEMMONS

Bill Number:   H. 3136 (Word version)
Date:   REMOVE:
04/11/07   OWENS

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

S. 579 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE ELECTED POSITION OF SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY IS ABOLISHED AS OF JULY 1, 2009, AND ALL POWERS AND DUTIES OF THE SUPERINTENDENT ARE DEVOLVED UPON THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY AND TO PROVIDE THAT IF A VACANCY OCCURS IN THAT OFFICE BEFORE JULY 1, 2009, THE OFFICE IS ABOLISHED AS OF THE DATE OF THE VACANCY; AND TO REPEAL SECTIONS 1, 4, AND 8 OF ACT 613 OF 1992, AS AMENDED, RELATING TO THE ELECTION, POWERS, AND DUTIES OF THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY.

Rep. MOSS moved to adjourn debate upon the following Bill until Thursday, April 12, which was adopted:

H. 3833 (Word version) -- Reps. Moss and Phillips: A BILL TO AMEND ACT 587 OF 1992, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATE FOR ELECTIONS FOR TRUSTEES, THE FILING PERIOD, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTIONS ARE DETERMINED.

Rep. RICE moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted:

H. 3507 (Word version) -- Reps. Rice, Allen, Cato, Hamilton, Leach, Loftis and J. R. Smith: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE GREATER GREENVILLE SEWER DISTRICT (CURRENTLY WESTERN CAROLINA SEWER AUTHORITY), SO

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

H. 3762 (Word version) -- Reps. Herbkersman, Agnew, Bingham, Ceips, Cobb-Hunter, Cooper, Funderburk, Gambrell, Harvin, Hayes, Hinson, Jennings, Merrill, J. H. Neal, Ott and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-155 SO AS TO ESTABLISH AN ACCOUNT IN THE STATE TREASURY CONSISTING OF SALES AND USE TAX REVENUES ATTRIBUTABLE TO THE DELETION OF AN EXEMPTION AND TO PROVIDE THAT THIS REVENUE MUST BE DISTRIBUTED UPON APPLICATION TO COASTAL MUNICIPALITIES AND COUNTIES AND USED TO MAINTAIN SALT WATER QUALITY IN SAA WATERS NEAR CHANNELS USED BY SHIPS IN INTERCOASTAL TRADE AND FOREIGN COMMERCE; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL, LUBRICANTS, AND SUPPLIES USED ON SHIPS IN INTERCOASTAL TRADE OR FOREIGN COMMERCE.

Rep. KIRSH asked unanimous consent to recall H. 3039 (Word version) from the Committee on Education and Public Works.
Rep. COOPER objected.

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

H. 3817 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE

The Veto on the following Act was taken up:

(R14) H. 3357 (Word version) -- Rep. Jennings: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.

Rep. JENNINGS moved to adjourn debate on the Veto until Thursday, April 12, which was agreed to.

The Veto on the following Act was taken up:

(R12) H. 3226 (Word version) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: AN ACT TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, OR OCCUPATION, AND TO DELETE THE REQUIREMENT PROHIBITING AN INDIVIDUAL OR BUSINESS WITH WHOM A PUBLIC OFFICIAL IS ASSOCIATED FROM REPRESENTING A PERSON BEFORE A LOCAL GOVERNMENT ENTITY FOR WHICH THE PUBLIC OFFICIAL IS A MEMBER.

Rep. HARRISON explained the Veto.

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Crawford
Delleney               Duncan                 Edge
Frye                   Funderburk             Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Haskins                Hayes                  Herbkersman
Hiott                  Hodges                 Hosey
Huggins                Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Miller
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Viers                  Walker

Weeks                  Whipper                White
Whitmire               Williams               Witherspoon

Those who voted in the negative are:

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

The Veto on the following Act was taken up:

(R9) S. 408 (Word version) -- Senators Short and Leatherman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT BE LOWERED IN CREDIT AMOUNT MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE; TO MAKE A TRANSITIONAL PROVISION FOR THE 2006 TAX YEAR; AND TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO THE APPLICABILITY OF THE INTERNAL REVENUE CODE TO THE SOUTH CAROLINA TAX CODE, SO AS TO PROVIDE FOR THE APPLICABILITY OF THE 2006 INTERNAL REVENUE CODE.

Rep. COOPER explained the Veto.

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

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowers                 Brady                  Branham

Brantley               G. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Delleney
Duncan                 Edge                   Frye
Gambrell               Govan                  Gullick
Haley                  Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Huggins
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Leach
Littlejohn             Lowe                   Lucas
Mack                   Mahaffey               McLeod
Miller                 Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Sellers                Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Taylor                 Thompson
Toole                  Viers                  Walker
Weeks                  White                  Whitmire
Williams               Witherspoon

Those who voted in the negative are:

Hagood                 Stavrinakis

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

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

H. 3199 (Word version) -- Reps. G. M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.

Rep. G. M. SMITH proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\5250SSP07), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
/SECTION 1.   This act may be cited as the "ATM Safety Act".
SECTION 2.   Section 16-11-380 of the 1976 Code is amended to read:

"Section 16-11-380.   (A)   It is unlawful for a person to enter a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal money or, securities for money, or property, either by force, intimidation, or threats.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.

(B)   It is unlawful for a person to steal money, securities for money, or property, either by force, intimidation, or threats, from a person who is using or who has just finished using a bank night depository, an automated teller machine (ATM), or another automated banking device, as defined in Section 16-14-10, or in the vicinity of a bank depository, an ATM, or another automated banking device.

(C)   It is unlawful for a person to beg, panhandle, or solicit money:

(1)   from a person using or who has just finished using a bank night depository, an ATM, or another automated banking device; or

(2)   in the vicinity of a bank night depository, an ATM, or another automated banking device.

(D)   A person who violates the provisions of:

(1)   subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years;

(2)   subsection (B) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than twenty years, or both; and

(3)   subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(E)   A separate location code, premise code, or designation for a bank night depository, an ATM, or other automated banking device offense must be added to the South Carolina Incident Based Reporting System. Law enforcement personnel are required to use this location code, premise code, or designation when completing incident reports for all criminal activity occurring at or in the vicinity of a bank night depository, an ATM, or another automated banking device in accordance with the provisions of this section.

(F)   To the extent that this section applies to bank night depositories, ATMs, and other automated banking devices, it applies only to these devices which are not located in a building or structure and those to which banking customers have access when they are outside a building or structure. A building or structure does not include an enclosure erected solely for the purpose of containing an otherwise outdoor or detached ATM or automated banking device. However, the provisions of this section do apply to drive-through banking terminals.

(G)   As used in this section, 'vicinity' means within the sight of a reasonable person."
SECTION   3.   Section 17-25-45(C)(2)(b) of the 1976 Code is amended to read:

"(b)   those felonies enumerated as follows:
16-3-220             Lynching, Second degree
16-3-810             Engaging child for sexual performance
16-9-220             Acceptance of bribes by officers
16-9-290             Accepting bribes for purpose of procuring

public office
16-11-110(B)         Arson, Second degree
16-11-312(B)         Burglary, Second degree

machine
16-13-210(1)         Embezzlement of public funds
16-13-230(B)(3)       Breach of trust with fraudulent intent
16-13-240(1)         Obtaining signature or property by false

pretenses
38-55-540(3)         Insurance fraud
44-53-370(e)         Trafficking in controlled substances
44-53-375(C)         Trafficking in ice, crank, or crack cocaine
44-53-445(B)(1)&(2)   Distribute, sell, manufacture, or possess

with intent to distribute controlled

substances within proximity of school
56-5-2945           Causing death by operating vehicle while

under influence of drugs or alcohol; and"
SECTION   4.   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   5.   This act takes 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 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. 3218 (Word version) -- Reps. Harrison, G. Brown, Thompson and Mack: A BILL TO AMEND SECTION 61-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION 61-4-1115, AS AMENDED, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.

Rep. CATO moved to adjourn debate upon the Senate Amendments until Wednesday, April 18, which was agreed to.

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

H. 3124 (Word version) -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D. C. Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE

The following House Resolution was taken up:

H. 3806 (Word version) -- Reps. G. Brown, Bales, Chellis, Edge, Jefferson, J. M. Neal, Sandifer, G. M. Smith, Umphlett, Whipper, Williams and Young: A HOUSE RESOLUTION TO URGE THE ATTORNEY GENERAL OF THE UNITED STATES AND THE FEDERAL COMMUNICATIONS COMMISSION TO OPPOSE THE PROPOSED MERGER OF THE ONLY TWO SATELLITE RADIO PROVIDERS OPERATING IN THE UNITED STATES.

The Resolution was rejected.

The following Concurrent Resolution was taken up:

S. 415 (Word version) -- Senators Cleary, Ryberg, Ritchie, Knotts, Leventis, O'Dell, Malloy, Mescher, Cromer, Lourie, Patterson, Matthews, Vaughn, Pinckney and Thomas: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO REQUIRE THE DEPARTMENT OF DEFENSE TO DEVELOP AN EFFICIENT AND EXPEDITIOUS SYSTEM THAT PROVIDES SOLDIERS WHO ARE CAPTURED BY ANY OPPOSING FORCE WITH AN

Whereas, our fighting men and women of the armed services are one of our country's most valuable assets, and when placed in harm's way, they face a multitude of dangers, including, but not limited to, being captured by an enemy force; and

Whereas, in the Global War on Terrorism, the enemies that our soldiers face are less likely to be comprised of soldiers of sovereign governments that are signatories to the Geneva Convention that are required to bestow Prisoner of War status and provide the treatment obligated by that status; and

Whereas, in response to a soldier being captured, the Department of Defense should do everything in its power to ensure that the soldier receives fair and humane treatment from any enemy force, and ensure that every action is taken in an efficient and expeditious manner to provide care and comfort to the soldier's family; and

Whereas, captured soldiers' families are often confused by the bureaucratic process by which soldiers are designated as Missing/Captured, and what if any difference this designation has with a designation of Prisoner of War by a foreign government; and

Whereas, Congress should require the Department of Defense to develop an efficient and expeditious system that avoids the use of confusing and conflicting terms, eliminates unnecessary bureaucratic procedures, and provides soldiers who are captured by any opposing force with an appropriate and uniform designation, ensures that all necessary actions are taken to advocate their fair and humane treatment while captured, and provides care and compassion to the soldiers' families and ensures continuity of entitled benefits. Now, therefore,

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

The Concurrent Resolution was adopted and sent to the Senate.

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

Rep. DELLENEY moved to adjourn debate upon the following Bill until Wednesday, April 18, which was adopted:

H. 3463 (Word version) -- Reps. Howard and Rutherford: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-90, 2-19-100, AND 2-19-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.

The following Bill was taken up:

H. 3292 (Word version) -- Reps. Duncan, Miller and Hagood: A BILL TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS AND RELATED ENVIRONMENTAL IMPACT FEE, SO AS TO PROVIDE THE AMOUNT OF REGISTRATION AND LATE FEE REVENUE USED FOR ADMINISTRATION MAY

Rep. WITHERSPOON moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

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

H. 3466 (Word version) -- Reps. Umphlett, Hinson, E. H. Pitts, Haley, Ballentine, Huggins, Vick, Agnew, Anderson, Battle, Bingham, R. Brown, Cato, Ceips, Chellis, Cobb-Hunter, Dantzler, Duncan, Funderburk, Hagood, Harvin, Herbkersman, Jefferson, Jennings, Knight, Limehouse, Lowe, Mahaffey, Merrill, Miller, Ott, Owens, Parks, Pinson, M. A. Pitts, Sandifer, Scarborough, Scott, Sellers, Simrill, Spires, Stavrinakis, Taylor, White, Whitmire, Williams, Toole, Bowen, Gullick, Hodges and Crawford: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, BY ADDING CHAPTER 30 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.

Rep. WITHERSPOON 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. 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".
Ordered for consideration tomorrow.

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3859 (Word version) -- Reps. Toole, Witherspoon, Duncan, Huggins, M. A. Pitts, Spires and Taylor: A BILL TO AMEND SECTION 12-28-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE USER FEE ON MOTOR FUELS, SO AS TO EXEMPT DIESEL FUEL USED BY A FARM TRUCK IN SPREADING MANURE IN POULTRY RAISING OPERATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

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

At 11:20 a.m. the House, in accordance with the motion of Rep. ANTHONY, adjourned in memory of his father, Ernest Anthony, to meet at 10:00 a.m. tomorrow.

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