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 Micah 7:7: "But as for me, I will look to the Lord, I will wait for the God of my salvation; my God will hear me."
Let us pray. God of eternity, help us wait for You when our days are long and our faith is weak. Inspire these men and women to aim for the heights in accomplishing the awesome tasks before them. Arm them with strength, courage, and integrity as they approach the end of this Session. Continue Your favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of 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 Friday, the SPEAKER ordered it confirmed.

The following was received:

Columbia, S.C., May 15, 2008
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Statewide Appointment
State Ethics Commission
Term Commencing: May 31, 2005
Term Expiring: May 31, 2010

Initial Appointment
Mr. J. B. Holeman
105 Haddon Lane
Greer, South Carolina 29651

Very respectfully,
President of the Senate
Received as information.

The following was received:

Columbia, S.C., May 15, 2008
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Statewide Appointment
State Ethics Commission
Term Commencing: June 30, 2008
Term Expiring: June 30, 2013
Seat: 3rd Congressional District
Vice: John L. Cannon

Initial Appointment
Mrs. E. Kay Biermann Brohl
48 Cherry Hills Drive
Aiken, South Carolina 29803

Very respectfully,
President of the Senate
Received as information.

The following was received:

Columbia, S.C., May 15, 2008
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Statewide Appointment
State Ethics Commission
Term Commencing: June 30, 2008
Term Expiring: June 30, 2013
Seat: 3rd Congressional District

Reappointment
Mrs. E. Kay Biermann Brohl
48 Cherry Hills Drive
Aiken, South Carolina 29803

Very respectfully,
President of the Senate
Received as information.

The following was received:

Columbia, S.C., May 15, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 111:

S. 111 (Word version) -- Senators Leventis, Knotts and Scott: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 15, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Fair, Sheheen and Campbell of the Committee of Free Conference on the part of the Senate on S. 274:

S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 15, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Verdin and Sheheen of the Committee of Free Conference on the part of the Senate on H. 3032:

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., May 15, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 239, S. 1039 by a vote of 46 to 0:

(R239) S. 1039 (Word version) -- Senator Verdin: AN ACT TO AMEND SECTION 23-31-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT ENACT REGULATIONS OR ORDINANCES THAT REGULATE A LANDOWNER FROM DISCHARGING A FIREARM ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES TO PROTECT HIS FAMILY, EMPLOYEES, THE GENERAL PUBLIC, OR THE PROPERTY FROM ANIMALS POSING A DIRECT THREAT OR DANGER.

Very respectfully,
President

The SPEAKER ordered the following Veto printed in the Journal:

May 14, 2008
The Honorable André Bauer
President of the Senate

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my signature S. 1039 (Word version), R. 239, which prohibits local governments from regulating a landowner's discharge of a firearm for protection from a dangerous animal.

Let me begin by saying that I admire the bill sponsors' intent to make right a situation in Laurens County and what I am sure may have developed similarly in other places across the state. I have a well chronicled history of always supporting an individual's right to bear arms, and were this bill about this I would be signing it. At the core, it is about local zoning, and here in a perfect world I would believe in none and endorse the idea of complete freedom on the use of one's property. That is not the law of our state, however, and in upholding the larger framework of land use and zoning laws handed to the authority of local governments by the General Assembly, I do not think it makes sense to, in patchwork form, exempt one narrow use from local governments. So despite the good intentions of the bill sponsor and the hard work that went with it, I am vetoing this bill for the following three reasons:

First, as just stated, it is exceedingly narrow in its scope and, therefore, while not technically special legislation, it passes as a first cousin. There are a very limited number of 25-acre properties within city limits across South Carolina.

Second, this bill infringes on a local governments' authority to regulate their own community and enforce their own laws. I have long believed that local governments are best equipped to address the specific needs and interests of their communities. In some cases we may agree with their decisions, in others we will not. But if one believes in the Jeffersonian notion of federalism - then one believes that the government that is most local governs best. This theme is encroached upon so regularly in our state that some would ask why have local government? Why not run everything from Columbia? We all know this would be a disaster and prevent many people from having their voice heard in the political system. In the recent instances when the General Assembly has stripped decision-making authority from local governments, it has not worked out well for taxpayers across the state - or local residents. A case in point would be the Billboard

Finally, I think that common sense would prevail in the instances wherein someone had to discharge a firearm to protect themselves, those they love or their property from a threat. I don't know of a city police department, sheriff's office or judge that would prosecute someone for shooting a wild dog rushing a child - whether one was on a quarter-acre lot or a 25-acre parcel.

For too long, government in South Carolina has operated under the notion that Columbia knows best, and it is past time that we abandoned this mindset. Therefore, I am vetoing S. 1039, R. 239 and returning it without my signature.

Sincerely,
Mark Sanford
Governor

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

Document No. 3195
Agency: Department of Transportation
Statutory Authority: 1976 Code Sections 57-3-110 and 57-5-1650
Prequalification of Bidders
Received by Speaker of the House of Representatives
February 5, 2008
Referred to Ways and Means Committee
Legislative Review Expiration June 4, 2008
H   02/06/2008   Referred to Committee
S   02/06/2008   Referred to Committee
S   05/15/2008   Committee Requested Withdrawal

120 Day Period Tolled

05/15/2008   Withdrawn and Resubmitted   06/04/2008

Document No. 3167
Agency: Department of Transportation
Statutory Authority: 1976 Code Section 57-1-370
SCDOT Commission Approval of Actions
Received by Speaker of the House of Representatives
January 14, 2008

120 Day Period Tolled

05/15/2008   Withdrawn and Resubmitted   06/04/2008

Document No. 3165
Agency: Department of Transportation
Statutory Authority: 1976 Code Section 57-1-370
Transportation Project Prioritization
Received by Speaker of the House of Representatives
January 14, 2008
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2008
H   01/15/2008   Referred to Committee
S   01/15/2008   Referred to Committee
S   05/07/2008   Committee Requested Withdrawal

120 Day Period Tolled

05/15/2008   Withdrawn and Resubmitted   06/04/2008

The following was introduced:

H. 5150 (Word version) -- Reps. Duncan, M. A. Pitts, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley,

Whereas, the members of the South Carolina House of Representatives have learned with sincere regret that their trusted colleague and friend, the Honorable J. Adam Taylor, will retire from this body at the conclusion of this session; and

Whereas, born in Laurens to the late David S. Taylor and Dorothy D. Taylor on April 24, 1965, Adam Taylor earned a bachelor of science degree from Lander College in 1987, and twenty years later, he was named Lander's Distinguished Alumnus of the Year; and

Whereas, he is married to his beloved wife Monica Leapard Taylor, and together they have raised three fine children, Adam, Jr., Evan, and Anna Grace; and

Whereas, a public affairs specialist for State Farm Insurance Company, he first entered the House of Representatives in 1999 to represent the citizens of District 16 and served as the secretary-treasurer of the House Republican Caucus from 2003 to 2005; and

Whereas, he has led his peers as the chairman of the Laurens County Legislative Delegation, as the Majority Whip since 2000, the Assistant Majority Leader since 2005, and as a sub-committee chairman of the House Ways and Means Committee; and

Whereas, as a member of the South Carolina National Guard, he received the Good Soldier Award from the South Carolina Citizens and Merchants Association in 1999; and

Whereas, devoted to public service, he has served on the board of directors for the Young Men's Christian Association and for the Laurens County Literary Council, and beginning on July 1, 2008, he

Whereas, the members of the South Carolina House of Representatives will sorely miss the leadership that Adam Taylor has brought to this legislative body and hope that he experiences fulfillment in all his undertakings. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend the Honorable J. Adam Taylor of Laurens County for nine years of dedicated and faithful service as a member of the House of Representatives, and wish him success and happiness in all his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable J. Adam Taylor.

The Resolution was adopted.

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

H. 5151 (Word version) -- Reps. Crawford, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson,

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to West Florence High School varsity boys tennis team of Florence County, with their coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2008 Class AAAA State Championship title.

The Resolution was adopted.

The following was introduced:

H. 5152 (Word version) -- Reps. Crawford, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson,

The Resolution was adopted.

The following was introduced:

H. 5153 (Word version) -- Reps. Kelly, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WOODRUFF HIGH SCHOOL VARSITY GIRLS SOCCER TEAM OF SPARTANBURG COUNTY FOR A SUCCESSFUL SEASON AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 UPPER STATE CLASS AA CHAMPIONSHIP TITLE.

The Resolution was adopted.

The following was introduced:

H. 5154 (Word version) -- Rep. Bales: A HOUSE RESOLUTION TO CONGRATULATE MR. JULIUS LAMAR COPELAND OF HOPKINS ON THE OCCASION OF HIS EIGHTIETH BIRTHDAY, AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE COMING YEARS.

The Resolution was adopted.

The following was introduced:

H. 5155 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CALHOUN ACADEMY VARSITY BASEBALL TEAM FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE.

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

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

H. 5156 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CALHOUN ACADEMY VARSITY BASEBALL TEAM OF CALHOUN COUNTY, WITH THEIR COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE.

That the privilege of the floor of the South Carolina House of Representatives be extended to Calhoun Academy varsity baseball team of Calhoun County, with their coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2008 South Carolina Independent School Athletic Association Class AA State Championship title.

The Resolution was adopted.

The following was introduced:

H. 5157 (Word version) -- Reps. Frye, Anthony and Hayes: A HOUSE RESOLUTION TO CONGRATULATE DR. H. K. "PETE" STONE UPON THE OCCASION OF HIS RETIREMENT AS SUPERINTENDENT OF SALUDA COUNTY SCHOOLS, TO COMMEND HIM FOR HIS SIX YEARS OF OUTSTANDING AND DEDICATED SERVICE, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 5158 (Word version) -- Rep. Cooper: A HOUSE RESOLUTION TO CONGRATULATE THE 2008 CLEMSON CLUB BASEBALL TEAM ON THEIR ACHIEVEMENTS THIS SEASON INCLUDING WINNING THE SOUTH ATLANTIC EAST CONFERENCE CHAMPIONSHIP AND OFFER BEST WISHES TO THE MEMBERS OF THE TEAM IN ALL THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 5159 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND DAWN RISTER FOR HER THIRTEEN YEARS OF DEDICATED SERVICE AS IRMO HIGH SCHOOL SOFTBALL COACH, AND TO WISH HER WELL AS SHE TAKES ON NEW CHALLENGES.

The Resolution was adopted.

The following was introduced:

H. 5160 (Word version) -- Reps. Ballentine, Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE DUTCH FORK HIGH SCHOOL VARSITY GOLF TEAM OF LEXINGTON COUNTY FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CLAIMING THE 2008 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

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

H. 5161 (Word version) -- Reps. Ballentine, Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DUTCH FORK VARSITY GOLF TEAM OF LEXINGTON COUNTY, WITH THEIR COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2008 SOUTH CAROLINA CLASS AAAA STATE 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 Dutch Fork Golf team of Lexington County, with their coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2008 Class AAAA State Championship title.

The Resolution was adopted.

The following was introduced:

H. 5162 (Word version) -- Rep. Sellers: A HOUSE RESOLUTION TO CONGRATULATE THE TOWN OF SPRINGFIELD ON THE REDEDICATION OF THE FORMER SPRINGFIELD HIGH SCHOOL BUILDING ON SATURDAY, MAY 17, 2008.

The Resolution was adopted.

The following was introduced:

H. 5163 (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, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. CASSIE KEITT WEEKS, UPON THE OCCASION OF HER CENTENNIAL BIRTHDAY, AND TO WISH HER MUCH HEALTH AND HAPPINESS.

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

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

H. 5164 (Word version) -- Reps. Walker and Davenport: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BOILING SPRINGS HIGH SCHOOL VARSITY BASEBALL TEAM OF SPARTANBURG COUNTY, WITH THEIR COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2008 SOUTH CAROLINA CLASS AAAA STATE 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 Boiling Springs High School varsity baseball team of Spartanburg County, with their coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2008 Class AAAA State Championship title.

The Resolution was adopted.

The following was introduced:

H. 5165 (Word version) -- Reps. Walker, Davenport, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott,

The Resolution was adopted.

The following was introduced:

H. 5166 (Word version) -- Reps. Hutson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SOUTH CAROLINA HIGHWAY PATROL LANCE CORPORAL BOB BERES OF DORCHESTER COUNTY UPON BEING NAMED THE STATE'S 2007 TROOPER OF THE YEAR, AND TO EXPRESS

The Resolution was adopted.

The following was introduced:

H. 5167 (Word version) -- Rep. Ballentine: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE CHRIS CAMPBELL OF LEXINGTON COUNTY ON BEING SELECTED TO RECEIVE THE 2008 BERNARD CARROLL BALLENTINE SCHOLARSHIP, AND TO WISH HIM SUCCESS AS HE EMBARKS ON HIS COLLEGE CAREER AT THE UNIVERSITY OF SOUTH CAROLINA.

The Resolution was adopted.

The following was introduced:

H. 5168 (Word version) -- Rep. Ballentine: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE MICHAEL HICKS II OF LEXINGTON COUNTY ON BEING SELECTED TO RECEIVE THE 2008 THEODORE V. NANNEY SCHOLARSHIP, AND TO WISH HIM SUCCESS AS HE EMBARKS ON HIS COLLEGE CAREER AT MIDLANDS TECHNICAL COLLEGE.

The Resolution was adopted.

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

S. 1313 (Word version) -- Senators Knotts, Peeler, Williams, Elliott, Ford, Vaughn, Grooms, Malloy, Cromer, Bryant, Courson, Setzler, McConnell, Ceips, Ritchie, Cleary, Campsen, Short, McGill, Patterson, Reese, Ryberg, Fair, Thomas, Campbell, Anderson, Drummond, Pinckney, Jackson, Alexander, Leatherman, O'Dell, Lourie, Matthews, Martin, Rankin, Hayes and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-223 SO AS TO PROVIDE THAT A PERSON WHO THROUGH A BOND

S. 1366 (Word version) -- Senator Land: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO 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 CORRECT CERTAIN REFERENCES.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1370 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 449 OF 1975, RELATING TO THE LEVY OF TAXES FOR YORK COUNTY SCHOOL DISTRICT NUMBER ONE, ROCK HILL SCHOOL DISTRICT NUMBER THREE, AND FORT MILL SCHOOL DISTRICT NUMBER FOUR, SO AS TO DELETE THE LIMITATION ON THE INCREASE OF SCHOOL OPERATING MILLAGE ABOVE FOUR MILLS WITHOUT VOTER APPROVAL IN A REFERENDUM; TO AMEND ACT 825 OF 1978, AS AMENDED, RELATING TO THE LEVY OF TAXES FOR CLOVER SCHOOL DISTRICT NUMBER TWO, SO AS TO DELETE THE LIMITATION ON THE INCREASE OF SCHOOL OPERATING MILLAGE ABOVE FOUR MILLS WITHOUT VOTER APPROVAL IN A REFERENDUM; TO AMEND ACT 744 OF 1990, RELATING TO AN INCREASE IN THE SCHOOL OPERATING MILLAGE CAP FROM FOUR MILLS TO SIX MILLS FOR THE FOUR YORK COUNTY SCHOOL DISTRICTS, SO AS TO DELETE THE

S. 1372 (Word version) -- Senator Land: A BILL TO DESIGNATE MAP DOCUMENT NUMBERS FOR MAPS DELINEATING THE BOUNDARY BETWEEN SCHOOL DISTRICTS NO. 1 AND 2 IN CLARENDON COUNTY AND TO PROVIDE THAT THE MAPS DELINEATING THIS BOUNDARY BE FILED AND MAINTAINED IN THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Crawford               Daning
Dantzler               Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Hayes
Herbkersman            Hiott                  Hodges
Howard                 Huggins                Hutson
Jefferson              Jennings               Kelly
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey

McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, May 20.

Terry Alexander                   Robert L. Brown
Gloria Haskins                    Lonnie Hosey
David Mack                        Bill Cotty
Todd Rutherford                   Fletcher Smith
Jackson "Seth" Whipper
Ken Kennedy   Jerry Govan

The SPEAKER granted Rep. DAVENPORT a leave of absence for the day due to illness.

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

Announcement was made that Dr. Del Shutte of Charleston was the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:

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

Bill Number:   H. 4309 (Word version)
Date:   ADD:
05/20/08   SIMRILL

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

H. 4867 (Word version) -- Reps. Cato, Harrell, Haley and Viers: A BILL TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO RENDER CERTAIN SERVICES AND TO USE CERTAIN TITLES, SO AS TO PROVIDE THAT INDIVIDUALS AND FIRMS MAY ALSO RENDER THESE SERVICES AND USE CERTAIN TITLES IF CERTAIN QUALIFICATIONS ARE MET; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS,

The following Bill was taken up:

H. 4309 (Word version) -- Reps. Harrison, Harrell, G. M. Smith, Delleney, Leach, Haley, Young, Duncan, Haskins, Talley, G. R. Smith, Taylor, Cotty, Walker and Simrill: A BILL TO AMEND SECTION 24-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "NO PAROLE OFFENSE", SO AS TO REVISE ITS DEFINITION TO INCLUDE CLASS D, E, AND F FELONIES, OFFENSES CLASSIFIED AS EXEMPT WHICH ARE PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT FOR AT LEAST ONE YEAR, AND CLASS A AND B MISDEMEANORS, TO PROVIDE THAT A PERSON WHO IS FOUND GUILTY OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDRE TO A "NO PAROLE OFFENSE" IS ELIGIBLE FOR EARLY RELEASE FROM INCARCERATION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION DO NOT AFFECT THE PROVISIONS CONTAINED IN THE YOUTHFUL OFFENDER ACT.

Reps. HART, SCOTT, JEFFERSON, WILLIAMS, CLYBURN, MCLEOD, WEEKS, BREELAND, MACK, HODGES, G. M. SMITH, DELLENEY, CRAWFORD, G. R. SMITH, WHITE and MULVANEY requested debate on the Bill.

Rep. BALES moved to adjourn debate upon the following Bill until Wednesday, May 21, which was adopted:

S. 96 (Word version) -- Senators Sheheen and Fair: A BILL TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, TO PROVIDE THAT IT IS UNLAWFUL FOR

The following Bill was taken up:

S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin, Grooms and Knotts: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5542CM08), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-5-2941 of the 1976 Code is amended to read:

"Section 56-5-2941.   (A)(1)   Except as otherwise provided in this section, in addition to the penalties required and authorized to be imposed against a person violating the provisions of Section 56-5-2930, 56-5-2933, or 56-5-2945, or violating the provisions of another law of any other state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, the court Department of Motor Vehicles must require the person, if he is a subsequent offender and a resident of this State, to have installed on any motor vehicle the person operates drives an ignition interlock device designed to prevent the operation driving of the motor vehicle if the operator person has consumed alcoholic beverages. The court Department of Motor Vehicles may waive the requirements of this section if it finds that the offender has a medical condition that makes him incapable of properly operating the installed device.

(2)   The court, in imposing the requirements of this section, shall:

(a)   specify that the The length of time that an interlock device is required to be affixed to a motor vehicle following the completion of a period of license suspension imposed on the offender is two years for a second offense, three years for a third offense, and the remainder of the offender's life for a fourth or subsequent offense. Notwithstanding the pleadings, for purposes of a second or a subsequent offense, the specified length of time that an interlock device is required to be affixed to a motor vehicle is based on the Department of Motor Vehicle's records for offenses pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945;.

(B)   If a person who is a subsequent offender and a resident of this State is convicted of violating the provisions of a law of any other state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, and, as a result of the conviction, the person is subject to an ignition interlock device requirement in the other state, the person is subject to the requirements of this section for the length of time that would have been required for an offense committed in South Carolina, or for the length of time that is required by the other state, whichever is longer.

(C)   If a person from another state becomes a resident of South Carolina while subject to an ignition interlock device requirement in another state, the person may only obtain a South Carolina driver's license if the person enrolls in the South Carolina ignition interlock device program pursuant to this section. The person is subject to the requirements of this section for the length of time that would have been

(b)(D)   provide for The offender shall be subject to an Interlock Device Point System managed by the Department of Probation, Parole and Pardon Services. An offender receiving a total of two points will have their length of time that the interlock device is required extended by two months. An offender receiving a total of three points will have their length of time that the interlock device is required extended by four months and must submit to a substance abuse assessment pursuant to Section 56-5-2990 and successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Should the individual not complete the recommended plan, or not make progress toward completing the plan, the Department of Motor Vehicles must suspend the individual's driver's license until the plan is completed or progress is being made toward completing the plan. An offender receiving a total of four points shall have their license suspended for a period of one year and submit to a substance abuse assessment pursuant to Section 56-5-2990 and successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Completion of the plan is mandatory as a condition of reinstatement of the person's driving privileges. The Department of Alcohol and Other Drug Abuse Services is responsible for notifying the Department of Probation, Parole and Pardon Services Motor Vehicles of an individual's completion and compliance with education and treatment programs. The Department of Probation, Parole and Pardon Services is responsible for notifying the Department of Motor Vehicles of any suspensions or reinstatements due to an individual's compliance with substance abuse education and treatment programs;

(c)(E)   provide that the The cost of the interlock device must be borne by the offender; however . However, that if the offender believes he is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order offender may submit an affidavit of indigency to the Department of Probation, Parole and Pardon Services for a determination of indigency as it pertains to the cost of the ignition interlock device. The affidavit of indigency form must be made publicly accessible on the Department of Probation, Parole and Pardon Services' Internet web site. If the Department of Probation, Parole and Pardon Services determines that the offender is indigent as it pertains to the ignition interlock device, it may authorize an interlock device to be affixed to the motor vehicle

(d)(F)   require the The ignition interlock service provider to must collect and remit monthly to the Interlock Device Fund a fee as determined by the Department of Probation, Parole and Pardon Services not to exceed three hundred sixty dollars per year for each year the person is required to operate drive a vehicle with an ignition interlock device. Any ignition service provider failing to properly remit funds to the Interlock Device Fund may be decertified as an ignition interlock service provider by the Department of Probation, Parole and Pardon Services. If a service provider is decertified for failing to remit funds to the Interlock Device Fund, the cost for removal and replacement of an ignition interlock device must be borne by the service provider; and

(e)(G)   require the The offender to must have the interlock device inspected every sixty days to verify that the device is affixed to the motor vehicle and properly operating, and to allow for the preparation of an interlock device inspection report by the service provider indicating the offender's alcohol content at each attempt to start and running re-test during each sixty-day period. Only a service provider authorized by the Department of Probation, Parole and Pardon Services to perform inspections on interlock devices may conduct inspections. The service provider must immediately report any devices that fail inspection to the Department of Probation, Parole and Pardon Services. The report must contain the name of the offender, identify the vehicle upon which the failed device is installed, and the reason for the failed inspection, and indicate the offender's alcohol content at

(B)   An order of the court imposing the requirements of this section must be transmitted to the Department of Motor Vehicles in the manner provided in Section 56-5-2970.

(C)(H)   Ten years from the date of the person's last conviction and every five years thereafter a fourth or subsequent offender whose license has been reinstated pursuant to Section 56-1-385 may apply to the Department of Probation, Parole and Pardon Services for removal of the ignition interlock device and the removal of the restriction from his driver's license. The Department of Probation, Parole and Pardon Services may, for good cause shown, remove the device and remove the restriction from the offender's license.

(D)(I)   Except as otherwise provided in this section, it is unlawful for a person issued a driver's license with an ignition interlock restriction to operate drive a motor vehicle that is not equipped with a properly operating, certified ignition interlock device. A person who

(E)(J)   An offender that is required in the course and scope of his employment to operate drive a motor vehicle owned by the offender's employer may operate drive his employer's motor vehicle without installation of an ignition interlock device, provided that the offender's use of the employer's motor vehicle is solely for the employer's business purposes. This subsection does not apply to an offender who is self-employed or to an offender who is employed by a business owned in whole or in part by the offender or a member of the offender's household or immediate family unless during the defense of a criminal charge, the court finds that the vehicle's ownership by the business serves a legitimate business purpose and that titling and registration of the vehicle by the business was not done to circumvent the intent of this section.

(F)(K)   It is unlawful for a person to tamper with or disable, or attempt to tamper with or disable, an ignition interlock system installed on a motor vehicle pursuant to this section. A person who violates this subsection 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.

(G)(L)   It is unlawful for a person to knowingly rent, lease, or otherwise provide an offender with a motor vehicle without a properly operating, certified ignition interlock device. A person who violates this subsection 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.

(H)(M)   It is unlawful for an offender to solicit or request another person, or for a person to solicit or request another person on behalf of an offender, to engage an ignition interlock system to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection 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.

(I)(N)   It is unlawful for another person to engage an ignition interlock device to start a motor vehicle with a device installed pursuant to this section. A person who violates this subsection 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.

(J)(O)   Only ignition interlock devices certified by the Department of Probation, Parole and Pardon Services may be used to fulfill the requirements of this section.

(1)   The Department of Probation, Parole and Pardon Services must certify whether a device meets the accuracy requirements and specifications provided in guidelines or regulations adopted by the National Highway Traffic Safety Administration, as amended from time to time. All devices certified to be used in South Carolina must be set to prohibit the starting of a motor vehicle when an alcohol concentration of two one-hundredths of one percent or more is measured and all running re-tests must record violations of an alcohol concentration of two one-hundredths of one percent or more.

(2)   The Department of Probation, Parole and Pardon Services shall maintain a current list of certified devices and their manufacturer. The list must be updated at least quarterly. If a particular certified device fails to continue to meet federal requirements, the device must be decertified, may not be used until it is compliant with federal requirements, and must be replaced with a device that meets federal requirements. The cost for removal and replacement must be borne by the manufacturer of the noncertified device.

(3)   Only ignition interlock installers certified by the Department of Probation, Parole and Pardon Services may install and service ignition interlock devices required pursuant to this section. The Department of Probation, Parole and Pardon Services shall maintain a current list of vendors that are certified to install the devices.

(K)(P)   In addition to availability under the Freedom of Information Act, any Department of Probation, Parole and Pardon Services' policy concerning ignition interlock devices must be made publicly accessible on the Department of Probation, Parole and Pardon Service's Internet web site.

(L)(Q)   The Department of Probation, Parole and Pardon Services shall develop policies including, but not limited to, the certification, use, maintenance, and operation of ignition interlock devices and Interlock Device Fund."
SECTION   2.   Section 56-1-400 of the 1976 Code is amended to read:

"Section 56-1-400.   (A)   The Department of Motor Vehicles, upon suspending or revoking a license, shall require that such license shall be surrendered to the Department of Motor Vehicles. At the end of the period of suspension, other than suspension for reckless driving, driving under the influence of intoxicants, or pursuant to the point

(B)   A person who does not own a vehicle, as shown in the Department of Motor Vehicles' records, and who certifies that he will not be driving any vehicle other than the one owned by his employer and that he will not own a vehicle during the interlock period, may petition the Department of Motor Vehicles, on a form provided by it, for issuance of a license containing an ignition interlock device restriction, without having to show that an ignition interlock device has been installed. The determination of eligibility for this waiver is subject to periodic review at the discretion of the Department of Motor Vehicles. The Department of Motor Vehicles must revoke a license issued pursuant to this exemption if it determines that the person has been driving a vehicle other than the one owned by his employer. The person may seek relief from the Department of Motor Vehicle's determination by filing a request for a contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings.

(C)   Any person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the Department of Motor Vehicles with proof that the fine owed by the person has been paid before the Department of Motor Vehicles may return or issue the person a license. Proof that the fine has been paid may be a receipt from the clerk of court of the county in which the conviction occurred stating that the fine has been paid in full."
SECTION   3.   Section 56-5-4440 of the 1976 Code is amended to read:

"Section 56-5-4440.   (A)   As used in this section, 'image display device' means equipment capable of displaying to the driver of a motor vehicle:

(1)   a broadcast television image; or

(2)   a visual image, other than text, from a digital video disc or other storage device.

(B)   No Except as provided in subsection (E) of this section, no person shall drive a motor vehicle equipped with any television viewer, screen or other means of visually receiving a television broadcast image display device which is located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible, directly or indirectly, to the driver while operating the motor vehicle.

(C)   Except as provided in subsection (E) of this section, no person may install in a motor vehicle an image display device intended

(D)   Anyone A person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

(E)   Subsections (B) and (C) of this section do not apply to the following:

(1)   emergency vehicles;

(2)   image display devices that are displaying images that provide the driver with navigation and related traffic, road, and weather information;

(3)   image display devices providing vehicle information or information related to the driving task;

(4)   image display devices used to enhance or supplement the driver's view forward, behind, or to the sides of the motor vehicle;

(5)   image display devices that permit the driver to monitor vehicle occupants seated rearward of the driver;

(6)   image display devices that do not display images to the driver while the vehicle is in motion; or

(7)   any use of an image display device while a vehicle is parked."
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 one year from the signature of 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. 490 (Word version) -- Senators McConnell, Martin, Peeler, Leventis, Ryberg, Knotts, Ford, Campsen and Vaughn: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.

Rep. HART moved to adjourn debate on the Bill until Thursday, May 22.

Rep. LUCAS moved to table the motion, which was rejected by a division vote of 48 to 14.

Reps. HART, SELLERS, HOSEY, BREELAND, HARVIN, CATO, COOPER, MULVANEY, M. A. PITTS, DUNCAN, SANDIFER, LUCAS, AGNEW, HERBKERSMAN, JEFFERSON, G. M. SMITH, SCOTT, CLYBURN, CRAWFORD, LEACH, BEDINGFIELD and ALLEN requested debate on the Bill.

Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Wednesday, May 21, which was adopted:

S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO AMEND ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT, SO AS TO DELETE SECTIONS THAT HAVE BEEN PROVIDED FOR BY THE SOUTH CAROLINA RULES OF MAGISTRATES COURT AND TO RENAME THE ARTICLE TO CONFORM WITH THE REVISIONS.

The Senate returned to the House with concurrence the following:

H. 4804 (Word version) -- Reps. Duncan, M. A. Pitts, Taylor and Anthony: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE ENOREE RIVER ALONG SOUTH CAROLINA HIGHWAY 56 IN LAURENS AND UNION COUNTIES "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE BATTLE OF MUSGROVE'S MILL MEMORIAL BRIDGE".

At 1:06 p.m. the House in accordance with the motion of Rep. SELLERS adjourned to meet at 10:00 a.m. tomorrow.

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