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 Ezekiel 3:11: "Thus says the Lord God."
Let us pray. Lord God of power and might, help us to listen as the Lord God speaks to us. Grant us the will and the mind to think through the important ideas which are given. Encourage each to be doers as well as listeners to what You, O Lord, have to say to us. 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. MACK moved that when the House adjourns, it adjourn in memory of Estelle G. Myers, which was agreed to.

Rep. TAYLOR, from the Laurens Delegation, submitted a favorable report on:

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

The following was introduced:

H. 4000 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND BISHOPVILLE'S LEE CENTRAL COMPREHENSIVE HIGH SCHOOL BOYS BASKETBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

The following was introduced:

H. 4001 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND BISHOPVILLE'S LEE CENTRAL COMPREHENSIVE HIGH SCHOOL LADY STALLIONS BASKETBALL TEAM ON ITS OUTSTANDING SEASON AND ITS IMPRESSIVE WIN OF THE 2007 CLASS AA STATE GIRLS BASKETBALL CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

The Resolution was adopted.

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

H. 4002 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LEE CENTRAL COMPREHENSIVE HIGH SCHOOL BOYS BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THE TEAM ON ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

The Resolution was adopted.

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

H. 4003 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LEE CENTRAL COMPREHENSIVE HIGH SCHOOL LADY STALLIONS BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THE TEAM ON ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AA STATE GIRLS BASKETBALL CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Lee Central Comprehensive High School Lady Stallions basketball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending the team on its outstanding season and for capturing the 2007 Class AA State Girls Basketball Championship title.

The Resolution was adopted.

The following was introduced:

H. 4004 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield,

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

The following was introduced:

H. 4005 (Word version) -- Rep. Duncan: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICH HISTORY OF THE TEXTILE LEAGUE BASEBALL TEAMS IN SOUTH CAROLINA AND TO APPRECIATE THE MANY SOUTH CAROLINIANS WHO PARTICIPATED IN THE LEAGUES AND ACKNOWLEDGE THEIR ENDURING LEGACY FOR ALL SOUTH CAROLINIANS TO TREASURE.

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

The following was taken up for immediate consideration:

S. 720 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF APRIL 30th THROUGH MAY 4TH AS NATIONAL CHARTER SCHOOL WEEK, AND ACKNOWLEDGING THE IMPORTANCE OF EDUCATING THE CHILDREN OF SOUTH CAROLINA IN A CREATIVE AND NON-TRADITIONAL STYLE.

Whereas, the first charter school law was enacted in Minnesota in 1991. By 1992, the first charter school opened and continues to teach youths in an innovative and flexible fashion; and

Whereas, forty states and the District of Columbia have charter schools, numbering more than 3,600 schools in operation and an enrollment of over one million students; and

Whereas, a growing number of parents are seeking new forms of education for their children, and turning to charter schools for such an opportunity. Fifty-six percent of schools have waiting lists and the total number of students on all waiting lists is enough to fill over 1,100 average-sized charter schools; and

Whereas, in 1996, South Carolina enacted the charter school law, and further amended it in 2002. Currently, South Carolina has twenty-nine charter schools that serve over four thousand children. Now, therefore,

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

That the members of the General Assembly, by this resolution, recognize April 30th through May 4th as National Charter School week, and acknowledge the importance of educating the children of South Carolina in a creative and non-traditional style.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Debbie Reynolds, Director of Development and Communication for the South Carolina Association of Public Charter Schools, and Dr.

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

The Senate sent to the House the following:

S. 721 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. VINCE RHODES FOR HIS TWENTY-SIX YEARS OF CONTINUOUS SERVICE AS A MEMBER OF THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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

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

S. 20 (Word version) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen, Reese, Knotts, Leventis, Land, McGill, Rankin, Campsen, Grooms, Hawkins, Short and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.
Referred to Committee on Labor, Commerce and Industry

S. 94 (Word version) -- Senators Campsen, Knotts and Fair: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY

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.
Referred to Committee on Ways and Means

S. 499 (Word version) -- Senators Rankin, Elliott, Thomas, McConnell, Cleary, Grooms, Verdin, Campsen, Ford and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 90, TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA COASTAL CAPTIVE INSURANCE ACT OF 2007", TO PROVIDE FOR THE MANNER IN WHICH A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY BE FORMED, LICENSED, AND REGULATED, TO DEFINE AND TO LIMIT THE TYPES OF RISK A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY UNDERWRITE, TO ESTABLISH MINIMUM CAPITALIZATION REQUIREMENTS FOR SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANIES, AND TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO SET ADDITIONAL DISCRETIONARY CAPITALIZATION REQUIREMENTS NECESSARY TO PROTECT THE PUBLIC, AND TO PROVIDE FOR CERTAIN REQUIRED DISCLOSURES TO CONSUMERS IN ALL APPLICATIONS FOR INSURANCE AND POLICIES.
Referred to Committee on Labor, Commerce and Industry

S. 504 (Word version) -- Senators Leatherman, Gregory, Courson, Bryant, Alexander, Verdin, Elliott, Ritchie and Hayes: A BILL TO AMEND SECTION 6-9-40 OF THE 1976 CODE, RELATING TO THE BUILDING CODE ADOPTION PROCEDURE, TO PROVIDE THE PROCEDURE FOR MODIFYING AN EXISTING CODE IS THE SAME AS ADOPTING A CODE, AND TO PROVIDE THE

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.
Referred to Committee on Ways and Means

S. 666 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.
Referred to Committee on Education and Public Works

S. 702 (Word version) -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PURPOSE OF TEACHER CONTRACTS NEGOTIATED FOR THE 2007-2008 SCHOOL

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

Alexander              Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Branham                Brantley               G. Brown
R. Brown               Cato                   Chellis
Clemmons               Cobb-Hunter            Coleman
Cooper                 Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
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
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  Walker

Weeks                  White                  Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, May 1.

Paul Agnew                        William R. "Bill" Whitmire
Ted Vick                          Fletcher Smith
William Bowers                    Bill Cotty
Karl Allen                        Harold Mitchell
Jackson "Seth" Whipper

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

The SPEAKER granted Rep. CLYBURN a leave of absence for today and Wednesday due to illness.

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

The SPEAKER granted Rep. BREELAND a leave of absence for the week due to a family funeral.

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

Rep. HALEY signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Thursday, April 26.

Announcement was made that Dr. Dana E. King of Mt. Pleasant 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. 3390 (Word version)
Date:   ADD:
05/01/07   MULVANEY

Bill Number:   H. 3468 (Word version)
Date:   ADD:
05/01/07   FUNDERBURK

Bill Number:   H. 3493 (Word version)
Date:   ADD:
05/01/07   YOUNG

Bill Number:   H. 3510 (Word version)
Date:   ADD:
05/01/07   BEDINGFIELD

Bill Number:   H. 3547 (Word version)
Date:   ADD:
05/01/07   TOOLE

Bill Number:   H. 3964 (Word version)
Date:   REMOVE:
05/01/07   NEILSON

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

H. 3976 (Word version) -- Rep. Ott: A BILL TO ABOLISH THE CALHOUN COUNTY BOARD OF VOTER REGISTRATION AND THE CALHOUN COUNTY ELECTION COMMISSION AND TO CREATE THE CALHOUN COUNTY BOARD OF ELECTIONS AND REGISTRATION.

H. 3983 (Word version) -- Rep. Anderson: A BILL TO PROVIDE THAT BEGINNING JULY 1, 2007, THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT SHALL CONSIST OF SEVEN MEMBERS APPOINTED FROM THE DISTRICT AT LARGE BY THE GOVERNOR UPON THE RECOMMENDATION OF THE WILLIAMSBURG COUNTY LEGISLATIVE DELEGATION, TO PROVIDE FOR THEIR TERMS OF OFFICE, AND TO REPEAL SECTION 1 OF ACT 632 OF 1980, ACT 577 OF 1982, ACT 798 OF 1988, AND ACT 471 OF 2002 RELATING TO THE ELECTION OR TERMS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY.

The following Bill was read the third time, passed and, 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:

S. 321 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST SECONDARY INSTITUTION LICENSE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF A "NONPUBLIC EDUCATIONAL INSTITUTION" FOR PURPOSES OF THE ACT, SO AS TO

Rep. LITTLEJOHN moved to adjourn debate upon the following Bill until Wednesday, May 2, which was adopted:

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

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

S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED

The following Bill was taken up:

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

Reps. M. A. PITTS and LOWE proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20324SD07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 50-9-530 of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:

"Section 50-9-530.   For purposes of this chapter:

(1)   'Migratory waterfowl' means members of the family Anatidae, including brants, ducks, geese, and swans. It is unlawful for a person to hunt or take migratory waterfowl within this State without first procuring a state migratory waterfowl stamp. It is unlawful to hunt or take migratory waterfowl without having a valid migratory waterfowl stamp in possession while hunting, taking, or transporting migratory waterfowl. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days. For the privilege of hunting or taking migratory waterfowl in this State, a person must purchase a migratory waterfowl permit for ten dollars, of which fifty cents may be retained by the issuing agent. Evidence of purchase must be endorsed on the hunting license. Permits expire June thirtieth of each year.

(2)   Each stamp required under this section must be validated by the signature of the licensee written across the face of the stamp. The department shall produce an annual commemorative migratory waterfowl stamp. Purchasers of a migratory waterfowl permit must be provided an option to have the department mail one stamp at no additional cost to the permittee. Commemorative stamps are not valid for hunting.

(3)   The department shall furnish stamps to its authorized licensed sales agents for sale in the same manner as other type licenses. The fee for each stamp is five dollars and fifty cents. Fifty cents of the stamp cost may be retained by the issuing sales agent, and the balance must be paid to the department. Each stamp expires on the last day of June following issuance.

(4)   The department may shall produce additional commemorative stamps as commemorative or collector's items which must be sold at a price of not less than five for ten dollars and fifty cents. These proceeds must be retained by the department.

(5)(4)   Revenue derived from the sale of the stamp migratory waterfowl permits and commemorative migratory waterfowl stamps may be used only for the cost of printing, promoting, and producing the stamp and for those migratory waterfowl projects specified by the board for the development, protection, and propagation of waterfowl in this State. Of each migratory waterfowl permit and migratory waterfowl commemorative stamp sold for ten dollars, at least four dollars fifty cents must be used to improve, enhance, and expand the department's public migratory waterfowl hunting programs. None of the funds may be expended for administrative salaries."

"South Carolina residents who have attained the age of sixty-four and hold a state-wide lifetime hunting and fishing license are not required to have a migratory game bird permit."
SECTION   3.   Section 50-11-20(B) of the 1976 Code, as last amended by Act 145 of 1995, and (C), as last amended by Act 164 of 2005, is further amended to read:

"(B)   There is created the Migratory Waterfowl Committee composed of nine members. A designee, who is not a paid employee, of Ducks Unlimited of South Carolina, a designee, who is not a paid employee, of the South Carolina Waterfowl Association, and the Chairman of the Board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive the per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees.

(C)   The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-530, shall provide the design to the department, and shall recommend regulations to the department for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department. Funds derived from the sale of prints and related artwork must be expended as follows:

(1)   The portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the department to be used for its specified projects.

(2)   Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, the remainder of the funds derived from the sale of the prints

The committee shall manage the selection of the annual commemorative migratory waterfowl stamp design. The department may provide for the production, promotion, and sale of the stamps and any prints or related items. Funds derived from the sale of prints and related items must be expended as follows:

(1)   first, for the administration of the migratory waterfowl stamp and print program;

(2)   the remainder of the funds must be used to benefit waterfowl for South Carolina. The board may fund an appropriate nonprofit organization for the development of waterfowl propagation projects. The projects shall specifically benefit waterfowl in the Atlantic Flyway and shall demonstrate that the expenditure is acceptable to the appropriate government agency having jurisdiction over the area; and

(3)   all balances must be carried forward from year to year so none of the funds revert to the general fund."
SECTION   4.   Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-22.   (A)   It is unlawful to harm, disturb, molest, or take an actively nesting waterfowl, its nest, or eggs, including the male, except by permit issued by the federal government or its agent.

(B)   It is unlawful to disturb, damage, or destroy the nest including a nest box of any waterfowl except by permit issued by the federal government or its agent. However, nothing in this section prohibits inspection of nests for biological purposes.

Any person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned for up to thirty days. In addition, anyone convicted forfeits all hunting and fishing privileges for one year."
SECTION   5.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

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

The following Bill was taken up:

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

Reps. WITHERSPOON and OTT proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10040HTC07), which was adopted:
Amend the bill, as and if amended, in Section 50-26-30(A), as contained in SECTION 1, page 2, line 8, by striking / January / and inserting / July /.
Renumber sections to conform.
Amend title to conform.

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

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

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

Rep. M. A. PITTS explained the Bill.

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

Rep. M. A. PITTS explained the Bill.

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

Rep. FRYE explained the Bill.

Rep. FRYE explained the Joint Resolution.

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

Rep. COOPER explained the Bill.

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

Rep. HARRISON explained the Bill.

H. 3990 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND

Rep. LOFTIS explained the Joint Resolution.

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

Rep. MCLEOD explained the Bill.

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

Rep. DUNCAN explained the Bill.

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

Rep. DUNCAN moved to adjourn debate upon the following Bill until Wednesday, May 2, which was adopted:

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

Rep. LEACH moved to adjourn debate upon the following Joint Resolution until Wednesday, May 2, which was adopted:

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

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 2, which was adopted:

S. 609 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND

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

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

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

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.

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

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

Rep. COOPER proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\10012HTC07), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 2 and inserting:
/ SECTION   2.   The amount appropriated to the State Ports Authority for the port access road pursuant to this joint resolution must be credited to an account in the State Treasury, which is hereby established, separate and distinct from the general fund of the State and all other funds. Earnings on this account must be credited to it and unexpended revenues in this account carry-forward to succeeding fiscal years and must be used for the same purposes as the original appropriation.
SECTION   3.   This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Rep. COOPER moved to adjourn debate upon the Senate Amendments until Wednesday, May 2, which was agreed to.

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

H. 3406 (Word version) -- Reps. Sellers, Govan and Ott: A BILL TO AMEND SECTION 44-7-3455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS NOT SUBJECT TO THE PROVISIONS OF THE HOSPITAL PATIENT SAFETY ACT, SO AS

Rep. SELLERS explained the Senate Amendments.

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.

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

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.

H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY

The following Concurrent Resolution was taken up:

H. 3706 (Word version) -- Reps. Duncan, Talley and Gullick: A CONCURRENT RESOLUTION TO EXPRESS THE DISAPPROVAL OF THE SOUTH CAROLINA GENERAL ASSEMBLY OF THE ENACTMENT OF LEGISLATION REGARDING LABOR UNION ELECTIONS, AND TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO REJECT THESE MEASURES.

Whereas, the first right-to-work laws in South Carolina were adopted in 1954; and

Whereas, South Carolina's right-to-work laws give the State a distinct advantage when recruiting new industry and business; and

Whereas, the United States House of Representatives approved House Resolution 800, the Employee Free Choice Act, by a vote of 241 to 185 on March 1, 2007; and

Whereas, understanding that South Carolina spends tremendous resources to foster and support free elections around the world, it makes no sense to roll back the clock on our own workplace elections by abolishing federally protected secret ballots; and

Whereas, the bill would leave South Carolina employees vulnerable to harassment, misinformation, and labor union pressure and would ultimately have a significant negative impact on the South Carolina small business community; and

Whereas, small businesses are less likely to have labor counsel and are more susceptible to the complicated legal restrictions employers face during organizing drives; and

Whereas, this legislation departs from over six decades of precedent established by the National Labor Relations Act by imposing contract terms on private employers through a process of compulsory binding arbitration; and

Whereas, imposing contract terms through compulsory arbitration is an unconstitutional infringement on the right of private employers and employees to freedom of contract. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, express their disapproval of the actions of the United States House of Representatives of March 1, 2007, and urge the United States Senate to defeat House Resolution 800 because it would restrict South Carolina employees' right to a fair and secret ballot election, do irreparable harm to South Carolina industry and business, and effectively repeal South Carolina's right-to-work laws.

Be it further resolved that a copy of this resolution be forwarded to the United States Congress and the members of the South Carolina Congressional Delegation.

Rep. GOVAN moved to table the Concurrent Resolution.

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

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Bowers                 Brantley               G. Brown
R. Brown               Cobb-Hunter            Govan
Harvin                 Hosey                  Howard
Jefferson              Jennings               Knight
Mack                   Miller                 Parks
Rutherford             Scott                  Sellers
F. N. Smith            Weeks                  Williams

Those who voted in the negative are:

Agnew                  Anthony                Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chellis
Clemmons               Coleman                Cooper
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Funderburk             Gambrell
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
McLeod                 Merrill                Moss
Mulvaney               Neilson                Ott
Owens                  Perry                  Phillips
Pinson                 M. A. Pitts            Rice
Sandifer               Shoopman               Simrill

D. C. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Walker                 White                  Whitmire
Witherspoon            Young

So, the House refused to table the Concurrent Resolution.

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

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

Rep. LEACH moved to adjourn debate on the Concurrent Resolution until Wednesday, May 2, which was agreed to.

The following Concurrent Resolution was taken up:

H. 3968 (Word version) -- Reps. G. M. Smith, Lowe, J. H. Neal, Weeks and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 15 IN SUMTER COUNTY FROM ITS INTERSECTION WITH BEULAH CUTTINO ROAD TO ITS INTERSECTION WITH THE SUMTER/CLARENDON COUNTY LINE THE "CHARLES B. KUBALA, SR., ALLEN R. BRAZZELL, AND WILLIAM M. STRANGE MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "CHARLES B. KUBALA, SR.,

Whereas, the men and women of our State who work in the field of law enforcement constantly face danger and place their lives on the line as they protect our citizenry; and

Whereas, over the past sixty years the following three officers of the Sumter County Sheriff's Office have lost their lives in the line of duty: Charles B. Kubala, Sr. - February 26, 1996; Allen R. Brazzell - October 12, 1986; and William M. Strange - April 6, 1937; and

Whereas, it would be fitting and proper to recognize the many accomplishments of these slain officers by having a highway in Sumter County named in their honor. Now, therefore,

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

That the members of the General Assembly, by this resolution, request the Department of Transportation name the portion of United States Highway 15 in Sumter County from its intersection with Beulah Cuttino Road to its intersection with the Sumter/Clarendon County line the "Charles B. Kubala, Sr., Allen R. Brazzell, and William M. Strange Memorial Highway", and erect appropriate markers or signs along this highway that contain the words "Charles B. Kubala, Sr., Allen R. Brazzell, and William M. Strange Memorial Highway".

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

The Concurrent Resolution was adopted and sent to the Senate.

The following Concurrent Resolution was taken up:

S. 581 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ON STATE HIGHWAY 45 THAT CROSSES WAMBAW CREEK APPROXIMATELY SIX MILES NORTH OF UNITED STATES HIGHWAY 17 AT THE CHARLESTON AND

Rep. LEACH moved to adjourn debate on the Concurrent Resolution until Wednesday, May 2, which was agreed to.

The following Concurrent Resolution was taken up:

H. 3987 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 23, 2007, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN SEAT OF THE SUPREME COURT AND COURT OF APPEALS AND SUCCESSORS TO CERTAIN SEATS OF CIRCUIT COURTS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2007, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

(1)   That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives on Wednesday, May 23, 2007, immediately following the election of a successor to a certain seat of the Supreme Court and Court of Appeals and successors to certain seats of circuit courts, for the purpose of electing members of the boards of trustees of The Citadel, Coastal Carolina University, South Carolina State University, and Wil Lou

(2)   That all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.

The Concurrent Resolution was adopted and sent to the Senate.

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3097 (Word version) -- Reps. Rice, Walker, G.R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D.C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ONLINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ONLINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 3/14/07-S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Title 59 of the 1976 Code is amended by adding:

Section 59-16-10.   (A)   The General Assembly finds that:

(1)   through the use of technology, South Carolina can create educational opportunities for the students of this State that may not exist without such technology; and

(2)   using technology to deliver instruction can provide effective alternatives for credit recovery, meeting graduation requirements, resolving scheduling conflicts, delivering curriculum content when there is a shortage of certified personnel, providing a more flexible and individualized instructional pace, and offering low-incidence courses.

(B)   It is the purpose of the General Assembly, in this chapter to establish the South Carolina Virtual School Program to ensure consistent high quality education for the students of South Carolina utilizing technology-delivered courses.

Section 59-16-15.   (A)   The State Board of Education is authorized to establish the South Carolina Virtual School Program to provide South Carolina students access to distance, online, or virtual learning courses offered for an initial unit of credit. Additionally, the South Carolina Virtual School Program shall offer access to credit recovery programs for students who have been identified by a school district as not having received credit for a course previously taken or for students who have been identified by a school district as not likely to receive credit for a course in which the student is currently enrolled. Students may enroll in courses for credit recovery based on policies established by the State Board of Education. The South Carolina Virtual School Program shall not award a South Carolina High School diploma.

(B)   A public, private, or homeschool student residing in South Carolina who is twenty-one years of age or younger shall be eligible to enroll in the South Carolina Virtual School Program. A private school or home school student enrolled in the South Carolina Virtual School

(C)   Students may be awarded a maximum of three online initial credits in a school year, and no more than twelve online initial credits throughout high school. However, the State Board of Education shall establish an appeals process whereby the governing body of the student's school district may grant a waiver to exceed the established limit.

(D)   Local school districts shall accurately transcribe a student's final numeric grade to the student's permanent record and transcript. Home school students and private school students shall receive a certified grade report indicating date, course, and final numeric grade from the South Carolina Virtual School Program or an entity approved by the State Board of Education.

(E)   Students enrolled in an online course for a unit of credit must be administered final exams and appropriate state assessments in a proctored environment.

(F)   It is not the responsibility of the school, district, or state to provide home computer equipment and Internet access for enrollment in courses provided by the South Carolina Virtual School Program. However, nothing in this section shall prohibit a school or district from providing home computer equipment or Internet access to students enrolled in the South Carolina Virtual School Program.

Section 59-16-20.   (A)   The South Carolina Virtual School Program shall be housed in and managed by the State Department of Education. The department may contract for distance learning courses, develop courses, or approve courses submitted by entities.

(B)   Each course offered for a unit of credit shall be reviewed for correlation with the state adopted academic standards prior to being offered.

(C)   All distance, online, or virtual learning courses offered for a unit of credit must be aligned with the state adopted academic standards, include appropriate course materials, and be approved by the State Department of Education.

(D)   Instructors must hold a valid teaching certificate in each content area being taught or receive approval from the State Department of Education to teach the course.

(E)   All virtual schoolteachers must receive appropriate preservice and in-service training pertaining to the organization, classroom

Section 59-16-30.   As used in this chapter:

(1)   'Distance learning' means the acquisition of knowledge and skills through mediated information and instruction, encompassing all technologies and other forms of learning at a distance. Distance learning includes online and virtual courses.

(2)   'Online learning' means learning delivered by web-based or internet-based technologies.

(3)   'Proctored' means directly monitored by an adult authorized by the South Carolina Virtual School.

(4)   'Virtual classroom' means the online learning space where students and instructors interact.

(5)   'School year' means the one hundred eighty days of student instruction required pursuant to Section 59-1-420 and student instruction received as part of a summer school program.

(6)   'Credit recovery' means self-paced, semester-long courses that target learning in areas of greatest weakness, allowing nontraditional or at-risk students to rapidly complete courses, recover credits, and progress to graduation.

Section 59-16-40.   The State Board of Education shall develop guidelines and promulgate regulations to include, but may not be limited to, the following:

( 1)   procedures and criteria to be used for the selection of online courses to be offered for a unit of credit;

( 2)   qualifications and registration requirements of students who may enroll in online courses to include provisions outlining the enrollment of students that have been expelled from school;

( 3)   procedures for private and homeschool students to enroll in courses offered;

( 4)   teacher qualifications and the student-to-teacher ratio for online courses;

( 5)   appropriateness and provisions for charging tuition and fees;

( 6)   procedures for establishing uniform evaluation of student progress and awarding of the final grade;

( 7)   process for maintaining student records and reporting and recording grades on the student's transcript;

( 8)   procedures and requirements for employment, supervision, and evaluation of teachers;

( 9)   procedures and requirements for supervision, monitoring, assessment, and evaluation of enrolled students; and

(10)   student expectations.

Section 59-16-50.   Through the use of an online pilot program, the State Department of Education shall examine the feasibility of providing services of the South Carolina Virtual School Program to students enrolled in adult education programs and shall make recommendations to the General Assembly no later than January 1, 2008.

Section 59-16-60.   Annually, the State Board of Education shall provide the General Assembly a report that shall include, but not be limited to, the following information:

(1)   list of courses offered through the virtual school;

(2)   number of local school districts and number of the district students participating in the virtual school;

(3)   private schools and number of the private school students participating in the virtual school;

(4)   number of homeschool students participating in the virtual school;

(5)   success rates for students by courses enrolled in the virtual school;

(6)   number of students who dropped a course and reasons for dropping;

(7)   expenditures made for the virtual school; and

(8)   number of students unable to enroll because of space limitation.

Section 59-16-70.   At the end of each semester, the State Department of Education shall provide student records, including course grades and performance on state assessments, to the Education Oversight Committee. The Education Oversight Committee shall monitor the impact of credits earned in the virtual school, on the school and district ratings, with particular attention to performance on end-of-course examinations and graduation rates.

Section 59-16-80.   The implementation of the provisions contained in this chapter are contingent upon the appropriation of funds by the General Assembly."

"Section 59-40-65.   (A)   If the governing body of a charter school offers as part of its curriculum a program of online or computer instruction, this information shall be included in the application and the governing body shall be required to:

(1)   provide each student enrolled in the program with a course or courses of online or computer instruction approved by the State Department of Education that must meet or exceed the South Carolina content and grade specific standards. Students enrolled in the program of online or computer instruction must receive all instructional materials required for the student's program;

(2)   ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules, and policies of the charter school;

(3)   ensure that each course offered through the program is taught by a teacher meeting the requirements of Section 59-40-50;

(4)   ensure that a parent or legal guardian of each student verifies the number of hours of educational activities completed by the student each school year;

(5)   adopt a plan by which it will provide:

(a)   frequent, ongoing monitoring to ensure and verify that each student is participating in the program, including proctored assessment(s) per semester in core subjects graded or evaluated by the teacher, and at least bi-weekly parent-teacher conferences in person or by telephone;

(b)   regular instructional opportunities in real time that are directly related to the school's curricular objectives, including, but not limited to, meetings with teachers and educational field trips and outings;

(c)   verification of ongoing student attendance in the program;

(d)   verification of ongoing student progress and performance in each course as documented by ongoing assessments and examples of student coursework;

(6)   administer to all students in a proctored setting all applicable assessments as required by the South Carolina Education Accountability Act.

(B)   Nothing in this section shall prohibit a charter school that provides a program of online or computer instruction from reimbursing

(C)   A charter school shall provide no more than seventy-five percent of a student's core academic instruction in kindergarten through twelfth grade via an online or computer instruction program. The twenty-five percent of the student's core academic instruction may be met through the regular instructional opportunities outlined in subitem (A)(5)(b).

(D)   Charter school students may enroll in the South Carolina Virtual School Program pursuant to program requirements.

(E)   Private or homeschool students choosing to take courses from a virtual charter school may not be provided instructional materials, or any other materials associated with receiving instruction through a program of online or computer instruction at the state's expense.

(F)   Only students enrolled in the charter school as a full-time student shall be reported in the charter school's average daily membership to the State Department of Education for the purposes of receiving state or federal funds. Private and homeschool students may not be included in the student weighted pupil units or average daily membership reported to the State Department of Education for the purposes of receiving state or federal funds."

SECTION   3.   This act takes effect upon approval by the Governor.   /

Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION IS AUTHORIZED TO ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, TO PROVIDE REQUIREMENTS AND PROCEDURES FOR THE VIRTUAL SCHOOL PROGRAM, TO PROVIDE FOR CERTAIN ONLINE COURSE CREDITS, TO PROVIDE FOR THE STUDENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM AND FOR THE QUALIFICATIONS OF TEACHERS AND INSTRUCTORS IN THE PROGRAM, TO PROVIDE FOR AN ONLINE PILOT PROGRAM TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, TO PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY BY THE STATE DEPARTMENT OF EDUCATION ON THE PROGRAM AND FOR OTHER DUTIES OF THE DEPARTMENT OF EDUCATION IN REGARD TO THE

Senator Robert W. Hayes, Jr.      Rep. Robert E. Walker
Senator Linda H. Short            Rep. Phillip D. Owens
Senator Michael L. Fair           Rep. James M. Neal
On Part of the Senate.            On Part of the House.

Rep. WALKER explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

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

The following was introduced:

H. 4006 (Word version) -- Reps. Ballentine, Huggins, E. H. Pitts, Haley, Agnew, Alexander, Allen, Anderson, Anthony, Bales, 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, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas,

The Resolution was adopted.

The following was introduced:

H. 4007 (Word version) -- Rep. Clemmons: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE PRIVATE FIRST CLASS KIMBERLY "KIM" POIRIER UPON BEING NAMED ROTARY CLUB OF MYRTLE BEACH OFFICER JOE MCGARRY MEMORIAL POLICE OFFICER OF THE YEAR FOR 2006, AND TO COMMEND HER FOR HER OUTSTANDING SERVICE AS A LAW ENFORCEMENT OFFICER AND AS AN ASSET TO HER STATE, COUNTY, AND CITY.

The Resolution was adopted.

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

The Senate returned to the House with concurrence the following:

H. 4004 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell,

H. 4005 (Word version) -- Rep. Duncan: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICH HISTORY OF THE TEXTILE LEAGUE BASEBALL TEAMS IN SOUTH CAROLINA AND TO APPRECIATE THE MANY SOUTH CAROLINIANS WHO PARTICIPATED IN THE LEAGUES AND ACKNOWLEDGE THEIR ENDURING LEGACY FOR ALL SOUTH CAROLINIANS TO TREASURE.

At 1:15 p.m. the House, in accordance with the motion of Rep. MACK, adjourned in memory of Estelle G. Myers, to meet at 10:00 a.m. tomorrow.

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