House Journal for May 31, 2007 - South Carolina Legislature Online

Thursday, May 31, 2007 (Statewide Session)

Indicates Matter Stricken Indicates New Matter

The House assembled at 10:00 a.m. Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Ezekiel 1:28: “Like the bow in a cloud on a rainy day, such was the appearance of the splendor all around.” Let us pray. God of steadfast love, help us to know Your truth in the midst of the confusing messages that surround us each day. Strengthen us to stay focused on You and the responsibilities entrusted to each. Give courage to all who labor in these halls of legislative process. Bless our Nation, President, State, Governor, Speaker, staff and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.

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

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

MOTION ADOPTED Rep. W. D. SMITH moved that when the House adjourns, it adjourn in memory of James Howard Berline of Spartanburg, which was agreed to.

MESSAGE FROM THE SENATE The following was received:

Columbia, S.C., May 30, 2007 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3199:

174 THURSDAY, MAY 31, 2007

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

Very respectfully, President Received as information.

REPORTS OF STANDING COMMITTEES Rep. STAVRINAKIS, from the Charleston Delegation, submitted a favorable report on:

H. 4150 -- Reps. Hagood, Stavrinakis, Limehouse, Miller, Scarborough and Young: A BILL TO AMEND ACT 340 OF 1967, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND THE GOVERNING BODY OF THE DISTRICT, SO AS TO REVISE THE MANNER IN WHICH PRINCIPALS OF SCHOOLS IN THE DISTRICT SHALL BE APPOINTED AND THE MANNER IN WHICH TEACHERS AND OTHER PERSONNEL SHALL BE EMPLOYED AND ASSIGNED, AND TO DELETE CERTAIN PROVISIONS RELATING TO THE EMPLOYMENT AND TRANSFER OF TEACHERS AND OTHER EMPLOYEES. Ordered for consideration tomorrow.

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

S. 634 -- Senators Grooms, Scott and Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 177 ALONG INTERSTATE HIGHWAY 26 IN DORCHESTER COUNTY "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE". Ordered for consideration tomorrow.

Rep. WALKER, from the Committee on Education and Public Works, submitted a favorable report on:

S. 726 -- Senators Grooms, McGill, Rankin, Cleary, Reese, Bryant, Alexander, O'Dell, Verdin, Ford, Williams, McConnell, Short, Knotts, Land, Setzler, Malloy, Leatherman, Jackson, Hayes, Scott, Peeler, Sheheen, Thomas, Ryberg, Patterson, Vaughn, Fair, Hutto, Pinckney, Gregory, Moore, Anderson, Drummond, Hawkins, Campsen, Courson, Cromer, Matthews, Ritchie and Martin: A BILL TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE OLD TESTAMENT ERA AND AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE NEW TESTAMENT ERA; TO PROVIDE THAT THE COURSES MUST BE TAUGHT IN AN OBJECTIVE MANNER WITH NO ATTEMPT TO INDOCTRINATE STUDENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION MUST DEVELOP AND ADOPT ACADEMIC STANDARDS AND APPROPRIATE INSTRUCTIONAL MATERIALS FOR THE COURSES; AND TO PROVIDE FOR OVERSIGHT OF THE CLASSES BY THE LOCAL BOARD OF TRUSTEES. Ordered for consideration tomorrow.

HOUSE RESOLUTION The following was introduced:

H. 4180 -- Rep. Clemmons: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MR. GERARD TEMPEST OF HORRY COUNTY ON HIS SERVICE AS A MEMBER OF THE UNITED STATES ARMY IN WORLD WAR II, INCLUDING THE INVASION OF NORMANDY ON D-DAY, AND ON HIS ACHIEVEMENTS AS AN INTERNATIONALLY KNOWN, CONTEMPORARY ARTIST.

The Resolution was adopted.

H. 4181 -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE 2007 NEWBERRY ACADEMY GOLF TEAM FOR CAPTURING THE SCISA CLASS A STATE CHAMPIONSHIP TITLE.

H. 4182 -- Rep. G. Brown: A HOUSE RESOLUTION TO CONGRATULATE TOMMY GAINEY OF BISHOPVILLE ON WINNING THE GOLF CHANNEL'S "THE BIG BREAK VII: REUNION" COMPETITION BY DEFEATING FIFTEEN OTHER GOLFERS TO CAPTURE FINAL VICTORY.

H. 4183 -- Rep. Harvin: A HOUSE RESOLUTION TO HONOR COMMANDER FRED M. DETWILER OF SUMMERTON UPON THE OCCASION OF HIS NINETIETH BIRTHDAY AND TO WISH

HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.

H. 4184 -- Rep. Bannister: A HOUSE RESOLUTION TO CONGRATULATE THE J. L. MANN HIGH SCHOOL LADY PATRIOTS TENNIS TEAM OF GREENVILLE COUNTY FOR WINNING THE 2006 CLASS AAA STATE GIRLS TENNIS CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS, COACH PAUL GRAHAM, AND ASSISTANT COACH TOD TUCKER.

H. 4185 -- Reps. Moss and Hart: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE ODYSSEY OF THE MIND TEAM OF LEWIS GREENVIEW ELEMENTARY SCHOOL OF RICHLAND COUNTY FOR CAPTURING THE CHAMPIONSHIP AT THE 2007 ODYSSEY OF THE MIND WORLD FINALS, AND TO OFFER BEST WISHES TO THEM IN ALL OF THEIR FUTURE ENDEAVORS.

H. 4186 -- Rep. Anderson: A HOUSE RESOLUTION TO CONGRATULATE DR. RANDY DOZIER, GEORGETOWN COUNTY SCHOOL DISTRICT SUPERINTENDENT, ON BEING NAMED STATE SUPERINTENDENT OF THE YEAR BY THE SOUTH CAROLINA ATHLETIC ADMINISTRATORS ASSOCIATION.

H. 4187 -- Rep. Bannister: A HOUSE RESOLUTION TO CONGRATULATE THE J. L. MANN HIGH SCHOOL LADY PATRIOTS LACROSSE TEAM OF GREENVILLE COUNTY ON ITS IMPRESSIVE WIN OF THE 2007 SOUTH CAROLINA LACROSSE LEAGUE STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS, COACH KRISTY SCHUMACHER, AND ASSISTANT COACH B. C. BANDS ON AN OUTSTANDING SEASON.

H. 4188 -- Rep. Bannister: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE J. L. MANN HIGH SCHOOL LADY PATRIOTS BASKETBALL TEAM OF GREENVILLE COUNTY ON ITS IMPRESSIVE WIN OF THE 2007 CLASS AAA STATE GIRLS BASKETBALL CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND COACHES ON AN OUTSTANDING SEASON.

H. 4189 -- Rep. Miller: A HOUSE RESOLUTION TO CONGRATULATE THE WACCAMAW HIGH SCHOOL BOYS TENNIS TEAM OF GEORGETOWN COUNTY FOR WINNING THE 2007 CLASS A-AA STATE TENNIS CHAMPIONSHIP, AND TO HONOR THE PLAYERS, COACH JAMES BROWN, AND ASSISTANT COACH BROWDER MCGILL.

H. 4190 -- Rep. Bannister: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE J. L. MANN HIGH SCHOOL OF GREENVILLE COUNTY ON BEING AWARDED THE 2006-07 CLASS AAA DIRECTOR'S CUP FOR ITS OUTSTANDING SPORTS PROGRAM.

H. 4191 -- Rep. Bannister: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE J. L. MANN HIGH SCHOOL LADY PATRIOTS TRACK TEAM OF GREENVILLE COUNTY ON ITS IMPRESSIVE WIN OF THE 2007 CLASS AAA STATE GIRLS TRACK CHAMPIONSHIP TITLE.

H. 4192 -- Reps. McLeod and Duncan: A HOUSE RESOLUTION COMMEMORATING THE FIRST GRADUATING CLASS OF THE UNIVERSITY OF SOUTH CAROLINA IN DECEMBER OF 1807, ALL FIVE MEMBERS OF WHICH WERE FROM NEWBERRY COUNTY, AND RECOGNIZING THE UNIVERSITY'S TWO HUNDRED YEARS AS GATEKEEPER TO EDUCATIONAL AND ECONOMIC SUCCESS FOR HUNDREDS OF THOUSANDS OF SOUTH CAROLINIANS.

CONCURRENT RESOLUTION The following was introduced:

H. 4193 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE CROSSWALK ATOP THE LAKE ASHWOOD DAM IN LEE COUNTY THE "WAYNE W. BROWN CROSSWALK" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS CROSSWALK THAT CONTAIN THE WORDS "WAYNE W. BROWN CROSSWALK". The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

H. 4194 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND THE FOSTER PARENTS OF LEE COUNTY AND EXPRESS THE GRATITUDE OF THE GENERAL ASSEMBLY TO THESE DEDICATED INDIVIDUALS FOR OPENING THEIR HEARTS AND HOMES TO THE FOSTER CHILDREN IN THEIR CARE.

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

H. 4195 -- Rep. Frye: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE ONE OF LEXINGTON COUNTY'S FINEST PUBLIC SERVANTS, DAVID F. SHEALY OF BATESBURG-LEESVILLE, FOR HIS SERVICE AS DIRECTOR OF BATESBURG-LEESVILLE RESCUE SQUAD WHICH HE HAS LED WITH DISTINCTION FOR APPROXIMATELY THREE DECADES AND TO THANK HIM ON BEHALF ON THE CITIZENS OF LEXINGTON COUNTY FOR HIS CONTRIBUTIONS TO HIS COMMUNITY, COUNTY, AND STATE.

H. 4196 -- Reps. G. Brown, Weeks, J. H. Neal, Lowe and G. M. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 521 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 441 TO ITS INTERSECTION WITH CHARLES JACKSON ROAD "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "BILL PINKNEY OF THE ORIGINAL DRIFTERS HIGHWAY". The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION The Senate sent to the House the following:

S. 796 -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 95 IN JASPER COUNTY FROM MILE MARKER THREE TO MILE MARKER FIVE THE "CORPORAL MARK D. JONES HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CORPORAL MARK D. JONES HIGHWAY". The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

S. 801 -- Senator Vaughn: A CONCURRENT RESOLUTION CONGRATULATING R. DENNIS HENNETT OF GREER ON THE OCCASION OF HIS RETIREMENT AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF GREER STATE BANK AND

EXTENDING TO HIM THE BEST WISHES OF THE MEMBERS

OF THE GENERAL ASSEMBLY FOR GOOD HEALTH AND HAPPINESS IN THE YEARS TO COME.

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

S. 802 -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES (DAODAS) AND ITS PREDECESSORS FOR FIFTY YEARS OF DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA.

S. 803 -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. GILBERT A. HOFFMAN, JR., OF ORANGEBURG COUNTY ON THE OCCASION OF HIS RETIREMENT FROM THE ORANGEBURG COUNTY BOARD OF ELECTIONS AND REGISTRATION.

S. 805 -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MS. DOROTHY D. KENNERLY ON THE OCCASION OF HER

RETIREMENT FROM THE ORANGEBURG COUNTY BOARD OF ELECTIONS AND REGISTRATION.

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

H. 4197 -- Reps. Cobb-Hunter and F. N. Smith: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE USED TO ESTABLISH SCHOLARSHIPS AT THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE AND THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO TRAIN MEDICAL STUDENTS IN THE FIELD OF TRAUMA MEDICINE. Referred to Committee on Education and Public Works

H. 4198 -- Reps. Lucas, Thompson, Simrill, Stavrinakis, Delleney and G. M. Smith: A BILL TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING BODIES, SO AS TO PROVIDE FOR THE GOVERNING STRUCTURE OF THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PUBLIC OFFICIALS WHO MUST FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION DISTRICT ENGINEERS MUST FILE A STATEMENT OF ECONOMIC INTEREST; TO AMEND SECTION 11-11-150, AS AMENDED, RELATING TO CALCULATING ESTIMATED STATE AND CORPORATE INCOME TAX REVENUES, AND THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT FORTY MILLION DOLLARS IN GENERAL FUND REVENUE COLLECTED DURING CERTAIN FISCAL YEARS MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION AND DISTRIBUTED PURSUANT TO SECTION 57-11-410; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO GOVERNMENTAL ENTITIES EXEMPTED FROM PURCHASING ITEMS THROUGH THE CHIEF PROCUREMENT OFFICER, SO AS TO REVISE THE LIST OF DEPARTMENT OF TRANSPORTATION PROJECTS THAT ARE SUBJECT TO THIS PROVISION, AND TO GRANT EXEMPTIONS TO COUNTY TRANSPORTATION COMMITTEES, COUNCILS ON GOVERNMENTS, AND THE SOUTH CAROLINA TRANSPORT INFRASTRUCTURE BANK; TO AMEND SECTION 11-35-1230, AS AMENDED, RELATING TO THE AUDITING OF STATE PROCUREMENTS, SO AS TO PROVIDE THAT PROCUREMENT AUDITS SHALL VERIFY THAT PROCUREMENT CODE EXEMPTIONS GRANTED TO THE DEPARTMENT OF TRANSPORTATION ARE VALID; TO AMEND SECTION 57-1-10, RELATING TO DEFINITION OF TERMS THAT RELATE TO THE STATE'S MOTOR VEHICLE LAWS, SO AS TO DELETE THE TERM "DIRECTOR" AND REPLACE IT WITH THE TERM "SECRETARY OF TRANSPORTATION", TO DELETE THE TERM "COMMISSION" AND ITS DEFINITION, AND TO PROVIDE A DEFINITION FOR THE TERM "HIGHWAY ENGINEERING DISTRICT"; TO AMEND SECTION 57-1-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH A DIVISION OF

HUMAN RESOURCES AND AN INTERNAL AUDIT DIVISION WITHIN THE DEPARTMENT; TO AMEND SECTION 57-1-350, RELATING TO THE DEPARTMENT OF TRANSPORTATION COMMISSION'S SEAL, RULES, PROCEDURES, AND REIMBURSEMENT FOR EXPENSES, SO AS TO DELETE THE PROVISIONS THAT RELATE COMPENSATION PAID TO THE COMMISSIONERS AND TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "COMMISSION" IN THE PROVISIONS THAT RELATE TO THE USE OF THE DEPARTMENT'S SEAL AND THE ADOPTION OF RULES AND PROCEDURES; TO AMEND SECTION 57-3-20, RELATING TO THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION'S DIVISION DEPUTY DIRECTORS, SO AS TO ESTABLISH THE RESPONSIBILITIES FOR THE DIVISION DEPUTY DIRECTORS FOR HUMAN RESOURCES AND INTERNAL AUDITS; BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 57 SO AS TO PROVIDE FOR THE DISTRIBUTION OF FUNDS THAT THE DEPARTMENT OF TRANSPORTATION RECEIVES PURSUANT TO SECTION 11-11- 150; BY ADDING SECTION 1-30-12 SO AS TO PROVIDE THAT THE DIVISION OF OMBUDSMAN AND CITIZENS' SERVICES SHALL EMPLOY TWO PERSONS TO HANDLE CITIZENS' COMPLAINTS THAT PERTAIN TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 1-30-105, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT AFTER JULY 1, 2007, THE GOVERNING AUTHORITY OF THE DEPARTMENT IS THE SECRETARY OF TRANSPORTATION; TO AMEND SECTION 11-43-140, RELATING TO THE TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO SUBSTITUTE THE TERM "SECRETARY OF TRANSPORTATION" FOR THE TERM "CHAIRMAN OF THE DEPARTMENT OF TRANSPORTATION COMMISSION"; TO AMEND SECTION 57-1-40, RELATING TO ACTS THAT MAY NOT BE COMMITTED BY EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO DELETE THE TERM "MEMBER OF THE COMMISSION"; TO AMEND SECTION 57-1-410, RELATING TO THE EMPLOYMENT OF A DIRECTOR BY THE DEPARTMENT OF TRANSPORTATION COMMISSION, SO AS TO PROVIDE THAT THE GOVERNOR SHALL EMPLOY A SECRETARY OF TRANSPORTATION, AND TO DELETE THE PROVISION THAT PROVIDES THAT THE

DEPARTMENT'S COMMISSION SHALL EMPLOY A DIRECTOR; TO AMEND SECTION 57-1-430, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF TRANSPORTATION'S DIRECTOR, SO AS TO SUBSTITUTE THE TERM "SECRETARY OF TRANSPORTATION" FOR THE TERM "DIRECTOR" AND THE TERM "DEPARTMENT" FOR THE TERM "COMMISSION", AND TO DELETE THE PROVISION THAT PROVIDES FOR THE DUTIES OF THE DEPARTMENT OF TRANSPORTATION COMMISSION; TO AMEND SECTIONS 57-1-440 AND 57-1-450, RELATING TO EMPLOYMENT OF CERTAIN PERSONS BY THE DEPARTMENT OF TRANSPORTATION'S DIRECTOR, SO AS TO SUBSTITUTE THE TERM "SECRETARY OF TRANSPORTATION" FOR THE TERM "DIRECTOR"; TO AMEND SECTION 57-1-490, RELATING TO CERTAIN AUDITS THAT MUST BE PERFORMED BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE LEGISLATIVE AUDIT COUNCIL SHALL CONDUCT CERTAIN ANNUAL AUDITS OF THE DEPARTMENT; TO AMEND SECTIONS 57-3-10 AND 57-3-50, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF TRANSPORTATION, AND THE ESTABLISHMENT OF HIGHWAY DISTRICTS, SO AS TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "COMMISSION"; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO STATE AND FEDERAL AID HIGHWAY FUNDS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2008, THE GENERAL ASSEMBLY SHALL APPROPRIATE REVENUES TO BOTH FUNDS; TO REPEAL SECTIONS 57-1-310, 57-1-320, 57-1- 325, AND 57-1-330 RELATING TO THE CREATION OF THE DEPARTMENT OF TRANSPORTATION DISTRICTS, ELECTION OF THE DEPARTMENT OF TRANSPORTATION COMMISSIONERS WHEN A COUNTY IS DIVIDED AMONG MORE THAN ONE DEPARTMENT OF TRANSPORTATION DISTRICT, AND TO THE MEETING OF THE VARIOUS LEGISLATIVE DELEGATIONS TO ELECT THE DEPARTMENT OF TRANSPORTATION COMMISSIONERS; AND TO PROVIDE THE CODE COMMISSIONER WITH AUTHORITY TO MAKE CERTAIN TECHNICAL CHANGES. Referred to Committee on Ways and Means

H. 4199 -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44- i85 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY HAS THE SOLE AUTHORITY TO DETERMINE WHETHER THE CONSTRUCTION OF A NEW LANDFILL IN THE COUNTY MAY BE PERMITTED AND WHETHER A LANDFILL EXISTING IN THE COUNTY MAY BE PERMITTED TO EXPAND, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT ISSUE A PERMIT ALLOWING THE CONSTRUCTION OF A NEW LANDFILL OR THE EXPANSION OF AN EXISTING LANDFILL WITHOUT APPROVAL BY THE GOVERNING BODY OF THE COUNTY IN WHICH THE PROPOSED CONSTRUCTION OR EXPANSION WOULD OCCUR. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4200 -- Rep. Cotty: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REVISE AND NAME CERTAIN VOTING PRECINCTS OF KERSHAW COUNTY AND TO REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD. On motion of Rep. COTTY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4201 -- Reps. J. H. Neal, Cobb-Hunter, Whipper, F. N. Smith, Brantley, Bales, Breeland, Clyburn, Harvin, Hodges, Jefferson, Knight, Mack, Neilson and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7- 19-130 SO AS TO ADOPT "THE AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE", AND FOR OTHER PURPOSES; AND TO REPEAL SECTIONS 7-19-70, 7-19-80, 7-19-90, 7-19-100, AND 7-19-120 ALL RELATING TO PRESIDENTIAL ELECTORS. Referred to Committee on Judiciary

H. 4202 -- Reps. Harrell, W. D. Smith and Cooper: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2007-2008 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT. On motion of Rep. COOPER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4203 -- Reps. Herbkersman, Brantley, Viers, Merrill, Crawford, Rutherford, Agnew, Bales, Bannister, Bowen, Clyburn, Duncan, Edge, Funderburk, Gullick, Hosey, Kelly, Knight, Moss, Mulvaney, Neilson, Owens, Shoopman, G. M. Smith, J. R. Smith, Taylor, Thompson and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3380 SO AS TO ALLOW A STATE INCOME TAX CREDIT TO A TAXPAYER FOR THIRTY-THREE PERCENT OF THE COST HE INCURS TO PURCHASE REUSABLE MATERIALS USED IN CONSTRUCTION OR LANDSCAPING PROJECTS, AND TO DEFINE QUALIFIED EXPENDITURES AND REUSABLE MATERIALS. Referred to Committee on Ways and Means S. 360 -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48- 52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT. Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 770 -- Senator Leventis: A BILL TO AMEND SECTION 7-7- 501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO RENAME AND REVISE CERTAIN VOTING PRECINCTS OF SUMTER COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE. On motion of Rep. G. M. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 793 -- Senators Cleary and Elliott: A BILL TO PROVIDE THAT THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY MAY MEET IN LOCATIONS OTHER THAN CONWAY AND TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN COASTAL CAROLINA UNIVERSITY LOCATED IN HORRY COUNTY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY". Referred to Committee on Ways and Means

HOUSE RESOLUTION On motion of Rep. E. H. PITTS, with unanimous consent, the following was taken up for immediate consideration:

H. 4204 -- Reps. E. H. Pitts and Walker: A HOUSE RESOLUTION TO REQUEST THE STATE BUDGET AND CONTROL BOARD TO SUBMIT A REPORT TO THE HOUSE OF REPRESENTATIVES REGARDING SPECIFICATIONS TO BE USED IN SCHOOL BUSES AND TO PROVIDE THE BOARD SHOULD NOT ENTER INTO CONTRACTS TO PURCHASE NEW SCHOOL BUSES UNTIL THE REPORT IS SUBMITTED TO THE HOUSE OF REPRESENTATIVES.

Be it resolved by the House of Representatives of the State of South Carolina, that the State Budget and Control Board is requested to submit a report to the House of Representatives providing information about:

(1) the cost of new emissions systems that are currently required to be installed in new school buses pursuant to the School Bus Specifications Report promulgated in May 2007; and (2) any specifications which may have the de facto tendency to prefer one bus manufacturer over another.

Be it further resolved that the board should not execute any contracts for the purchase of new school buses until at least ten days after the report is submitted to the House of Representatives.

H. 4205 -- Rep. Ballentine: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE KRISTIN LYNN LESKOSKE OF IRMO ON BEING SELECTED TO RECEIVE THE 2007 JOHN DEWEY WINBURN, JR., SCHOLARSHIP AND TO WISH HER THE VERY BEST AS SHE EMBARKS ON HER COLLEGE CAREER AT CLEMSON UNIVERSITY.

H. 4206 -- Rep. Ballentine: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE LOGAN BROOKE ROSS OF LEXINGTON COUNTY ON BEING SELECTED TO RECEIVE THE 2007 BERNARD CARROLL BALLENTINE SCHOLARSHIP AND TO WISH HER THE VERY BEST AS SHE EMBARKS ON

HER COLLEGE CAREER AT THE UNIVERSITY OF SOUTH CAROLINA.

H. 4207 -- Rep. Barfield: A CONCURRENT RESOLUTION TO OFFER THE WARMEST CONGRATULATIONS TO THE HONORABLE AND MRS. MILFORD JUNE COOPER OF ANDERSON COUNTY ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY ON JUNE 15, 2007, AND TO EXTEND TO THEM BEST WISHES FOR CONTINUED HAPPINESS IN THE YEARS TO COME.

ROLL CALL The roll call of the House of Representatives was taken resulting as follows: Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Hart Harvin Hayes Herbkersman Hinson Hiott Hodges Hosey Huggins Jefferson Kelly Kennedy Kirsh

Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Walker Weeks Whipper White Whitmire Williams Witherspoon Young

STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, May 31. Paul Agnew James Harrison James Merrill Fletcher Smith Thad Viers Gloria Haskins Douglas Jennings Leon Howard

Total Present--120

LEAVE OF ABSENCE The SPEAKER granted Rep. CATO a leave of absence for the day due to his son's graduation.

DOCTOR OF THE DAY Announcement was made that Dr. Ivar L. Frithsen of Charleston was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION Reps. LUCAS and NEILSON presented to the House the Emmanuel Christian School "Crusaders" Baseball Team, the 2007 South Carolina

Christian Schools Association Champions, their coaches and other school officials.

SPECIAL PRESENTATION Reps. LUCAS and NEILSON presented to the House the Hartsville High School "Red Foxes" Varsity Baseball Team, the Class AAAA Champions, their coaches and other school officials.

SPECIAL PRESENTATION Rep. WALKER presented to the House the Landrum High School "Cardinals" Varsity Baseball Team, the 2007 Class A Champions, their coaches and other school officials.

CO-SPONSORS ADDED AND REMOVED 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.”

CO-SPONSOR ADDED Bill Number: H. 4056 Date: ADD: 05/31/07 DUNCAN

CO-SPONSOR ADDED Bill Number: H. 4057 Date: ADD: 05/31/07 DUNCAN

CO-SPONSOR ADDED Bill Number: H. 4056 Date: ADD: 05/31/07 AGNEW

CO-SPONSOR ADDED Bill Number: H. 4057 Date: ADD: 05/31/07 AGNEW

CO-SPONSOR ADDED Bill Number: H. 4057 Date: ADD: 05/31/07 HARVIN

CO-SPONSOR ADDED Bill Number: H. 4056 Date: ADD: 05/31/07 HARVIN

CO-SPONSOR REMOVED Bill Number: H. 3615 Date: REMOVE: 05/31/07 HAGOOD

CO-SPONSOR REMOVED Bill Number: H. 4056 Date: REMOVE: 05/31/07 GULLICK

H. 3199--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT H. 3199 The General Assembly, Columbia, S.C., May 16, 2007

The Committee of Conference, to whom was referred: H. 3199 -- Reps. G. M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE “ATM SAFETY ACT” BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK,

DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.

Beg leave to report that they have duly and carefully considered the same and recommend that the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following: / SECTION 1. This act may be cited as the “ATM Safety Act”. SECTION 2. Section 16-11-380 of the 1976 Code is amended to read: “Section 16-11-380. (A) It is unlawful for a person to enter a building or part of a building occupied as a bank, depository, or building and loan association with intent to steal money or, securities for money, or property, either by force, intimidation, or threats. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years. (B) It is unlawful for a person to steal money, securities for money, or property, either by force, intimidation, or threats, from a person who is using or who has just finished using a bank night depository, an automated teller machine (ATM), or another automated banking device, as defined in Section 16 - 14 - 10, or in the vicinity of a bank depository, an ATM, or another automated banking device. (C) It is unlawful for a person to beg, panhandle, or solicit money from, or otherwise harass, a person using, who has just finished using, or who is in the vicinity of a bank night depository, an ATM, or another automated banking device. (D) A person who violates the provisions of: (1) subsection (A) is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years;

(2) subsection (B) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than twenty years, or both; and (3) subsection (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. (E) A separate location code, premise code, or designation for a bank night depository, an ATM, or other automated banking device offense must be added to the South Carolina Incident Based Reporting System. Law enforcement personnel are required to use this location code, premise code, or designation when completing incident reports for all criminal activity occurring at or in the vicinity of a bank night depository, an ATM, or another automated banking device in accordance with the provisions of this section. (F)To the extent that this section applies to bank night depositories, ATMs, and other automated banking devices, it applies only to these devices which are not located in a building or structure and those to which banking customers have access when they are outside a building or structure. A building or structure does not include an enclosure erected solely for the purpose of containing an otherwise outdoor or detached ATM or automated banking device. However, the provisions of this section do apply to drive - through banking terminals. (G) As used in this section, ‘vicinity’ means within the sight of a reasonable person.” SECTION 3. Section 17-25-45(C)(2)(b) of the 1976 Code is amended to read: “(b) those felonies enumerated as follows: 16-3-220 Lynching, Second degree 16-3-810 Engaging child for sexual performance 16-9-220 Acceptance of bribes by officers 16-9-290 Accepting bribes for purpose of procuring public office 16-11-110(B) Arson, Second degree 16-11-312(B) Burglary, Second degree 16 - 11 - 380(B) Theft of a person using an automatic teller machine 16-13-210(1) Embezzlement of public funds 16-13-230(B)(3) Breach of trust with fraudulent intent 16-13-240(1) Obtaining signature or property by false pretenses 38-55-540(3) Insurance fraud

44-53-370(e) Trafficking in controlled substances 44-53-375(C) Trafficking in ice, crank, or crack cocaine 44-53-445(B)(1)&(2) Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school 56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and” SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. SECTION 5. This act takes effect upon approval by the Governor./ Amend title to conform.

Senator Hawkins Rep. G. M. Smith Senator Sheheen Rep. Herbkersman Senator Campsen Rep. Rutherford On Part of the Senate. On Part of the House.

Rep. G. M. SMITH explained the Conference Report.

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

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

H. 4164 -- Reps. Bowers and Brantley: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS,

FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE HAMPTON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY; TO ABOLISH THE HAMPTON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF HAMPTON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.

RETURNED TO THE SENATE WITH AMENDMENTS The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 489 -- Senators Campsen, Gregory, McGill, Williams and Grooms: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5- 1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHI MAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.

S. 449 -- Senators Martin, Verdin, Sheheen, Leventis, Bryant and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION

OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.

ORDERED ENROLLED FOR RATIFICATION The following Joint Resolution 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. 719 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE, AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3120, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 656--DEBATE ADJOURNED Rep. COOPER moved to adjourn debate upon the following Bill, which was adopted:

S. 656 -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler 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.

H. 3279--REQUESTS FOR DEBATE The following Bill was taken up:

H. 3279 -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57- 3-10, AND 57-3-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.

Reps. DAVENPORT, TALLEY, LOFTIS, MAHAFFEY, MULVANEY, G. R. SMITH, BEDINGFIELD, SHOOPMAN, CRAWFORD, LOWE, SCOTT, FRYE and TOOLE requested debate on the Bill.

H. 3853--DEBATE ADJOURNED Rep. WALKER moved to adjourn debate upon the following Bill until Tuesday, June 5, which was adopted:

H. 3853 -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M. A. Pitts and Spires: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN

CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.

S. 765--DEBATE ADJOURNED Rep. CRAWFORD moved to adjourn debate upon the following Bill, which was adopted:

S. 765 -- Senators Leatherman and McConnell: A BILL TO PROVIDE THAT THE REMAINS OF THE CSS PEE DEE, A CONFEDERATE NAVAL VESSEL WHICH SANK IN THE GREAT PEE DEE RIVER, AS WELL AS ALL OTHER ARTIFACTS LYING IN THE GREAT PEE DEE RIVER IN THE AREA BELOW THE ORDINARY HIGH WATER MARK BETWEEN FLORENCE AND MARION COUNTY, IN A ZONE TWO MILES ABOVE AND TWO MILES BELOW THE UNITED STATES HIGHWAY 76 BRIDGE, IS THE PROPERTY OF THE STATE OF SOUTH CAROLINA AND THAT IT IS UNLAWFUL TO COLLECT ANY ARTIFACTS FROM THE AREA.

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

S. 784 -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT IF A GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2007-2008 HAS NOT TAKEN EFFECT BY JULY 1, 2007, THEN THE APPROPRIATIONS AND PROVISOS CONTAINED IN ACT 397 OF 2006 ARE AUTHORIZED FOR FISCAL YEAR 2007-2008, UNTIL A GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2007-2008 TAKES EFFECT.

Rep. COOPER explained the Joint Resolution.

S. 589 -- Senator Thomas: A BILL TO AMEND SECTION 38-90- 110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CAPTIVE INSURANCE COMPANY TAKING CREDIT FOR RESERVES ON RISKS OR PORTIONS OF RISKS CEDED TO REINSURERS COMPLYING WITH THE PROVISIONS OF SECTIONS 38-9-200, 38-9-210, AND 38-9-220, SO AS TO PROVIDE THAT AN INDUSTRIAL INSURED CAPTIVE

INSURANCE COMPANY MAY NOT TAKE CREDIT IF NOT IN COMPLIANCE WITH THOSE PROVISIONS OF LAW, AND PROVIDE THAT ALL OTHER CAPTIVE INSURANCE COMPANIES MAY NOT TAKE CREDIT FOR RESERVES PURSUANT TO THOSE PROVISIONS UNLESS SPECIFIC APPROVAL HAS BEEN GRANTED BY THE DIRECTOR OF INSURANCE.

Rep. CHELLIS explained the Bill.

S. 13 -- Senators Hayes, Knotts, Fair and Elliott: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 27 TO CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7 OF TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.

Rep. MCLEOD explained the Bill.

S. 784--ORDERED TO BE READ THIRD TIME TOMORROW On motion of Rep. COOPER, with unanimous consent, it was ordered that S. 784 be read the third time tomorrow.

S. 589--ORDERED TO BE READ THIRD TIME TOMORROW On motion of Rep. CHELLIS, with unanimous consent, it was ordered that S. 589 be read the third time tomorrow.

S. 13--ORDERED TO BE READ THIRD TIME TOMORROW On motion of Rep. MCLEOD, with unanimous consent, it was ordered that S. 13 be read the third time tomorrow.

H. 3326--POINT OF ORDER The following Bill was taken up:

H. 3326 -- Reps. Harrison and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE

WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.

POINT OF ORDER Rep. SCOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

S. 15--ORDERED TO THIRD READING The following Bill was taken up:

S. 15 -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC-VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS, TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED IN ANOTHER STATE INCLUDING TERMS THAT PROVIDE RELIEF THAT THE COURTS OF THIS STATE WOULD LACK POWER TO PROVIDE; TO PROVIDE IMMUNITY FOR LAW ENFORCEMENT OFFICERS ACTING IN GOOD FAITH; TO AUTHORIZE THE ENFORCEMENT OF PROTECTION ORDERS ISSUED BY ANOTHER STATE WHICH ARE NOT REGISTERED OR FILED IN THIS STATE; TO PROVIDE AN OPTIONAL REGISTRATION PROCESS WHEREBY THE PROTECTED INDIVIDUAL CAN FILE A FOREIGN ORDER OF PROTECTION WITH THE FAMILY COURT; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20- 4-160 AS ARTICLE 1, CHAPTER 4, TITLE 20 ENTITLED "PROTECTION FROM DOMESTIC ABUSE".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10127HTC07), which was tabled:

Amend the bill, as and if amended, by striking subsection (A) of Section 20-4-350, as contained in SECTION 1, page 4, and inserting: / (A) Any individual may register a foreign protection order in this State. To register a foreign protection order, an individual shall present a certified copy of the order to the family court. / Renumber sections to conform. Amend title to conform.

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

Rep. MCLEOD explained the Bill.

The Bill was read second time and ordered to third reading.

S. 17--POINT OF ORDER The following Bill was taken up:

S. 17 -- Senators Hayes, Campsen, Mescher, Knotts, Cleary, Fair, Elliott and Ford: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.

POINT OF ORDER Rep. HAGOOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

S. 268 -- Senators Alexander and Martin: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.

POINT OF ORDER Rep. KENNEDY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

S. 370 -- Senators Gregory, Vaughn and Knotts: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.

POINT OF ORDER Rep. SELLERS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not

207 THURSDAY, MAY 31, 2007 been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

H. 4178--POINT OF ORDER The following Joint Resolution was taken up:

H. 4178 -- Reps. Gambrell, Hiott and Moss: A JOINT RESOLUTION TO ESTABLISH A MEDICAID TRANSPORTATION ADVISORY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING RESOLVING ISSUES AND COMPLAINTS CONCERNING THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM, AND TO PROVIDE THAT THE COMMITTEE IS ABOLISHED AT SUCH TIME AS THE CONTRACT EXPIRES OR IS TERMINATED FOR THE OPERATION OF THE MEDICAID TRANSPORTATION BROKERAGE SYSTEM.

POINT OF ORDER Rep. BATTLE made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading. The SPEAKER sustained the Point of Order.

OBJECTION TO RECALL Rep. CHELLIS asked unanimous consent to recall S. 588 from the Committee on Labor, Commerce and Industry. Rep. THOMPSON objected.

H. 3145--RECALLED FROM COMMITTEE ON JUDICIARY On motion of Rep. TALLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 3145 -- Reps. Talley and Littlejohn: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING SPARTANBURG COUNTY TO THE GOVERNING BODY OF SPARTANBURG COUNTY AND TO PROVIDE THAT THE APPOINTMENT OF

MAGISTRATES IS NOT AFFECTED BY THE PROVISIONS OF THIS ACT.

OBJECTION TO RECALL Rep. KENNEDY asked unanimous consent to recall H. 3262 from the Committee on Education and Public Works. Rep. WHITMIRE objected.

OBJECTION TO RECALL Rep. BEDINGFIELD asked unanimous consent to recall S. 392 from the Committee on Judiciary. Rep. SCOTT objected.

S. 534--RECALLED FROM THE SUMTER DELEGATION On motion of Rep. WEEKS, with unanimous consent, the following Bill was ordered recalled from the Sumter Delegation:

S. 534 -- Senator Leventis: A BILL TO AMEND ACT 620 OF 1992 AND ACT 741 OF 1990, BOTH AS AMENDED, RELATING TO THE REAPPORTIONMENT OF THE ELECTION DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY ARE ELECTED, SO AS TO FURTHER REAPPORTION THESE DISTRICTS AND TO DESIGNATE A MAP NUMBER FOR THE TWO MAPS ON WHICH THESE NEW LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DESIGNATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

S. 639--RECALLED FROM THE SUMTER DELEGATION On motion of Rep. WEEKS, with unanimous consent, the following Bill was ordered recalled from the Sumter Delegation:

S. 639 -- Senator Leventis: A BILL TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO

PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE TWO PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT WITH CERTAIN EXCEPTIONS; TO PROVIDE THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF A GENERAL OBLIGATION BOND MUST BE DETERMINED; AND TO PROVIDE FOR A SIX-MEMBER TRANSITION TEAM TO BE APPOINTED BY THE BOARDS OF DISTRICT TWO AND DISTRICT SEVENTEEN TO MAKE RECOMMENDATIONS CONCERNING ATTENDANCE ZONES AND OTHER MATTERS.

OBJECTION TO RECALL Rep. MCLEOD asked unanimous consent to recall H. 4162 from the Committee on Education and Public Works. Rep. WHITMIRE objected.

OBJECTION TO RECALL Rep. SCARBOROUGH asked unanimous consent to recall H. 3229 from the Committee on Judiciary. Rep. SCOTT objected.

H. 3783--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED The Senate Amendments to the following Bill were taken up for consideration:

H. 3783 -- Reps. Limehouse, Crawford and Bales: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIENNIAL LICENSE TAXES GRANTED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REDUCE THE

BIENNIAL FEE FOR THE MANUFACTURER'S LICENSE FROM FIFTY THOUSAND DOLLARS TO ONE THOUSAND DOLLARS.

Rep. BALES 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.

H. 3233--DEBATE ADJOURNED The Senate Amendments to the following Bill were taken up for consideration:

H. 3233 -- Reps. Scarborough and Umphlett: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2000 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO TRANSFER OF TITLES TO WATERCRAFT IN LEXINGTON COUNTY.

Rep. COOPER moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 3933--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED The Senate Amendments to the following Joint Resolution were taken up for consideration:

H. 3933 -- Reps. Mitchell, Whipper, Branham, Cotty, Merrill, Loftis, Clyburn, Anderson, J. H. Neal, McLeod, F. N. Smith, Govan, Brantley, Ott, Alexander, Crawford, Bedingfield, Cato, Hosey, Lucas, Knight, Bingham, Agnew, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Bowen, Bowers, Brady, Breeland, G. Brown, R. Brown, Ceips, Chellis, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Lowe, Mack, Mahaffey, Miller, Moss, Mulvaney, Neilson, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, White, Whitmire, Williams, Witherspoon, Young and Frye: A JOINT RESOLUTION TO CREATE A MULTI-AGENCY ADVISORY COMMITTEE TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE ENVIRONMENTAL JUSTICE IN ECONOMIC DEVELOPMENT AND REVITALIZATION PROJECTS IN THIS STATE.

Rep. MITCHELL explained the Senate Amendments.

The Senate Amendments were agreed to, and the Joint Resolution 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.

H. 3721--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE The Senate Amendments to the following Bill were taken up for consideration:

H. 3721 -- Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill: A BILL TO AMEND THE CODE OF

LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44- 7-380 SO AS TO PROVIDE THE REQUIREMENTS FOR A PERSON TO PRACTICE SURGICAL TECHNOLOGY AND TO PROVIDE AN EXCEPTION; AND BY ADDING SECTION 44-7- 385 SO AS TO PROVIDE THAT AN OPERATING ROOM CIRCULATOR MUST BE A REGISTERED NURSE, AND TO PROVIDE THE CONDITIONS UNDER WHICH A SURGICAL TECHNOLOGIST MAY ASSIST IN PERFORMING OPERATING ROOM CIRCULATION DUTIES.

Rep. HOWARD proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\11739AC07), which was adopted: Amend the bill, as and if amended, by deleting Section 44-7-380(B) (1)(a), page 2 and inserting: / (a) has successfully completed an accredited educational program for surgical technologists and holds and maintains the Surgical Technologist Certification administered by the National Board of Surgical Technology and Surgical Assisting, or its successor; however, upon completion of an accredited education program for surgical technologists, graduates may practice for up to three months before completing certification by the National Board of Surgical Technology and Surgical Assisting, or its successor;/ Renumber sections to conform. Amend title to conform.

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

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

H. 3379 -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149- 50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH

CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

Rep. WALKER moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 3249 -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION

WAS SUBMITTED FOR REVIEW AND PROVIDING EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF THEIR REGULATIONS EVERY FIVE YEARS; AND TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT, TO DELETE PROVISIONS RELATING TO THE ONE- HUNDRED-TWENTY-DAY AUTOMATIC APPROVAL PROCEDURES, AND TO AUTHORIZE, RATHER THAN PROHIBIT, AN AGENCY TO WITHDRAW REGULATIONS UNDER GENERAL ASSEMBLY REVIEW ANYTIME AND TO PROVIDE EXPEDITED PROCEDURES FOR RESUBMISSION OF SUCH WITHDRAWN REGULATIONS.

Rep. SCARBOROUGH proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22920SSP07), which was adopted: Amend the bill, as and if amended, by adding an appropriately numbered Section to read: / SECTION ____. Article 1, Chapter 23, Title 1 of the 1976 Code is amended by adding: “Section 1-23-121. No fee or fine may be established, modified, or increased unless authorized by law or authorized through regulation promulgated within an agency’s grant of statutory authority.”/ Renumber sections to conform. Amend title to conform.

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

RETURNED TO THE SENATE WITH AMENDMENTS The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 99 -- Senators Sheheen, Malloy and Ford: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH

CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO ESTABLISH THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND TO ALLOW TAXPAYERS TO CONTRIBUTE TO THE COST OF CONDUCTING THE PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; TO AMEND SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 12-6- 5060, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS THAT MAY BE DESIGNATED ON TAX RETURNS, SO AS TO PROVIDE THAT CONTRIBUTIONS MAY BE MADE TO THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND.

S. 787--DEBATE ADJOURNED The following Concurrent Resolution was taken up:

S. 787 -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2007, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 19, 2007 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2007, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER

THAN 5:00 P.M., ON THURSDAY, JUNE 21, 2007, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Rep. LOFTIS moved to adjourn debate on the Concurrent Resolution, which was agreed to.

MOTION PERIOD The motion period was dispensed with on motion of Rep. LOFTIS.

H. 3964--DEBATE ADJOURNED Rep. M. A. PITTS moved to adjourn debate upon the following Bill until Wednesday, June 6, which was adopted:

H. 3964 -- Reps. Duncan, Loftis, G. R. Smith, Hinson, Crawford, Lowe, Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill, Scarborough, Witherspoon, Rice, Owens, Mahaffey, Littlejohn, M. A. Pitts and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ON HIS PERSON WHILE ON THE PREMISES OR PROPERTY OF A PUBLIC EDUCATIONAL INSTITUTION; AND TO AMEND SECTION 23- 31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE RESTRICTIONS PLACED UPON CARRYING A CONCEALABLE WEAPON INTO A SCHOOL OR COLLEGE EVENT.

S. 141--DEBATE ADJOURNED The following Bill was taken up:

S. 141 -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair, Alexander and Lourie: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S JURISDICTION; AND TO DESIGNATE THE EXISTING

SECTIONS OF CHAPTER 8, TITLE 16, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, AS ARTICLE 1, AND BY ADDING ARTICLE 3, SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM ATTENDING OR GIVING TESTIMONY AT A TRIAL THAT CONCERNS OR RELATES TO CRIMINAL ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR VALUABLES IF THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES IT IS OR WILL BE USED IN A PATTERN OF CRIMINAL GANG ACTIVITY OR FOR FURTHERANCE OF THE BENEFITS OF A CRIMINAL GANG, TO PROVIDE A PROCEDURE FOR SEIZURE OF FIREARMS, AMMUNITION, OR DANGEROUS WEAPONS, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR OTHER VALUABLES, TO PROVIDE FOR NOTIFICATION OF THE SHERIFF AND CHIEF OF POLICE WHEN A CRIMINAL GANG MEMBER IS RELEASED

FROM JAIL, PRISON, OR A CORRECTIONS FACILITY, TO PROVIDE AN EXCEPTION FOR EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS, TO PROVIDE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE MAY ADOPT AND ENFORCE ORDINANCES CONSISTENT WITH THIS ARTICLE, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO INCLUDE THE VIOLENT GANG TERRORIST ORGANIZATION FILE AMONG THE NATIONAL CRIME INFORMATION CENTER DATA AVAILABLE FOR DIRECT ACCESS BY CRIMINAL JUSTICE AGENCIES, TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO MAINTAIN A RECORD OF ALL PERSONS WHO ARE FOUND TO BE CRIMINAL GANG MEMBERS IN THE VIOLENT GANG AND TERRORIST ORGANIZATION FILE, AND TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO DEVELOP AND MAINTAIN A STATEWIDE CRIMINAL GANG DATABASE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7351AHB07): Amend the bill, as and if amended, by deleting in its entirety Section 16-8-220, as contained in SECTION 4, beginning on page 9 and line 36. Amend the bill further, by adding an appropriately numbered SECTION immediately after the enacting clause to read: / SECTION ___. The General Assembly finds that: (1) It is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal gangs and criminal gang members. It is not the intent of this article to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process. (2) The State of South Carolina is facing a mounting crisis caused by criminal gangs whose members threaten and terrorize

219 THURSDAY, MAY 31, 2007 peaceful citizens and commit a multitude of crimes. These criminal gang activities, both individually and collectively, present a clear and present danger. The State has a compelling interest in preventing criminal gang activity, and the General Assembly finds that the provisions of this act are necessary to maintain the public order and safety. (3) It is the intent of the General Assembly to eradicate the terror created by criminal gangs by providing enhanced penalties and by eliminating the patterns, profits, proceeds, instrumentalities, and property facilitating criminal gang activity, including criminal gang recruitment. / Amend the bill further, by deleting in its entirety Section 16-8-300, as contained in SECTION 4, page 16, lines 20-23. Amend the bill further, by deleting in its entirety Section 16-8-320, as contained in SECTION 4, beginning on page 16 and line 33. Amend the bill further, by deleting Section 16-8-330, as contained in SECTION 4, page 17, lines 3-35, and inserting: / Section 16-8-330. (A) Pursuant to achieving the intent and purpose of this article, the State Law Enforcement Division must develop and manage a statewide criminal gang database to facilitate the exchange of information between federal, state, county, and municipal law enforcement agencies pursuant to the intent and purpose of this article. (B) Further, upon conviction of Section 16-8-240 or Section 16-8-250, a separate judicial proceeding must be conducted to determine by clear and convincing evidence that the person is a member of a criminal gang. No person’s name may be entered into a registry prior to the judicial determination of criminal gang membership. (C) All state, county, and municipal law enforcement agencies must furnish information they acquire relating to criminal gangs and gang-related incidents to the State Law Enforcement Division to be included in the database in accordance with subsection (B). (D) The State Law Enforcement Division is authorized pursuant to the Administrative Procedures Act in Chapter 23, Title 1: (1) to promulgate emergency regulations to make the criteria effective for collection of database information until such time as permanent regulations are promulgated and affirmatively approved by the General Assembly; and (2) to promulgate permanent regulations consistent with the criteria required on the effective date of this act and to amend those

220 THURSDAY, MAY 31, 2007 regulations to reflect changes made in the criteria that must be affirmatively approved by the General Assembly.” / Amend the bill further, by adding an appropriately numbered SECTION to read: / SECTION ___. (A) There is created a Gang Prevention Study Committee consisting of the following fifteen members: (1) the Attorney General, or his designee, who shall serve as chairman; (2) three members of the House of Representatives, appointed by the Speaker of the House of Representatives; (3) three members of the Senate, appointed by the President Pro Tempore of the Senate; (4) one person appointed by the Chief of the State Law Enforcement Division; (5) one person appointed by the South Carolina Sheriffs’ Association; (6) one person appointed by the Director of the Department of Juvenile Justice; (7) one person appointed by the Director of the Department of Corrections; (8) one person appointed by the Director of the Department of Social Services; (9) one person appointed by the South Carolina Municipal Association; and (10) two persons appointed by the Governor, one of which must be a member of the faith-based community. (B) The members of the committee shall serve without compensation and may not receive per diem, mileage, or subsistence when serving on the committee. (C) The committee shall study and keep abreast of issues and problems in South Carolina concerning criminal gang activity. Issues that the committee shall study include, but are not limited to, gang court, gang-out programs, school support programs, counseling and faith-based support programs, and the creation of a gang commission. (D) The committee shall file a report before January 30, 2008, containing its findings and recommendations and specifically recommending support programs to assist in eliminating gang violence. This report shall be filed with the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives./ Renumber sections to conform. Amend title to conform.

Rep. G. M. SMITH explained the amendment. Rep. G. M. SMITH spoke in favor of the amendment.

Rep. HARRISON moved to adjourn debate on the Bill until Tuesday, June 5, which was agreed to.

S. 213--AMENDED AND ORDERED TO THIRD READING The following Bill was taken up:

S. 213 -- Senators Lourie, Hayes, Fair, Setzler, Courson, Vaughn, Cromer, Leatherman, McGill, Knotts, Alexander and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" SO AS TO ADD ARTICLE 19, CHAPTER 4, TITLE 61 TO REQUIRE THE REGISTRATION OF KEGS, TO DEFINE TERMS ASSOCIATED WITH THE ARTICLE, TO PROVIDE A PROCEDURE FOR THE REGISTRATION OF KEGS, AND TO PROVIDE FINES FOR VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 6, TITLE 61, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL ACT, BY ADDING SECTION 61-6-4075, SO AS TO CREATE THE OFFENSE OF ILLEGAL PURCHASE OF ALCOHOLIC LIQUORS FOR ANOTHER'S CONSUMPTION ON THE PREMISES AND TO PROVIDE A PENALTY, AND BY ADDING SECTION 61-6-4085, SO AS TO REQUIRE CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE OF ALCOHOLIC LIQUORS TO MINORS AND TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 20-7-8920 AND 20-7- 8925, BOTH AS AMENDED, RELATING TO PURCHASE OR POSSESSION OF BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO EQUALIZE THE PENALTIES FOR THE OFFENSES, TO REQUIRE THAT THE VIOLATOR COMPLETE AN ALCOHOL EDUCATION PROGRAM, AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-746, RELATING TO DRIVER'S LICENSE SUSPENSION FOR CERTAIN OFFENSES INVOLVING THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS BY MINORS, SO AS TO INCREASE THE PENALTIES FOR

VIOLATIONS AND REQUIRE NOTIFICATION OF THE MINOR'S PARENT WHEN THE MINOR'S DRIVER'S LICENSE IS SUSPENDED; TO AMEND SECTION 61-4-50, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO REQUIRE THE VIOLATOR TO COMPLETE AN ALCOHOL EDUCATION PROGRAM; TO AMEND SECTION 61-4-60, RELATING TO A MINOR'S GIVING FALSE INFORMATION AS TO AGE FOR THE PURPOSE OF PURCHASING BEER OR WINE, SO AS TO INCREASE THE PENALTY SO IT IS EQUAL TO THE SIMILAR OFFENSE INVOLVING ALCOHOLIC LIQUORS; TO AMEND SECTION 61-4-80, RELATING TO THE PURCHASE OF BEER OR WINE FOR ANOTHER'S CONSUMPTION ON PREMISES, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 61-4-90, AS AMENDED, RELATING TO TRANSFER OF BEER OR WINE FOR A MINOR'S CONSUMPTION, SO AS TO REVISE THE PENALTIES AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 61-4-100, RELATING TO REQUIRING CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE AND PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 61-6-4070, AS AMENDED, RELATING TO TRANSFER OF ALCOHOLIC LIQUORS FOR A MINOR'S CONSUMPTION, SO AS TO REVISE THE PENALTIES AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 61-6-4080, RELATING TO THE SALE OF ALCOHOLIC LIQUORS TO MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO REQUIRE THE VIOLATOR TO COMPLETE AN ALCOHOL EDUCATION PROGRAM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7350AHB07), which was adopted: Amend the bill, as and if amended, by adding an appropriately numbered SECTION immediately after line 41 on page 2 to read: / SECTION ___. The General Assembly hereby explicitly recognizes that alcohol is, by law, an age-restricted product that is

223 THURSDAY, MAY 31, 2007 regulated differently than other products. The General Assembly also recognizes the vital role of existing state regulation of the sale and distribution of alcoholic beverages in promoting responsible consumption, combating illegal underage drinking, and fostering other important state policy goals. / Amend the bill further, by deleting Section 61-4-1920, as contained in SECTION 2, beginning on page 3 and line 14, and inserting: / Section 61-4-1920. (A) A retail licensee shall not sell a keg of beer without: (1) recording the date of sale, the keg identification number, the name, address, and birth date of the purchaser, and the driver’s license or identification card number presented by the purchaser; (2) requiring the purchaser to sign a statement attesting to the accuracy of the purchaser’s information, acknowledging that, unless otherwise permitted by law, it is unlawful to transfer beer to a person under the age of twenty-one, and that, unless otherwise permitted by law, the beer in the keg will not be consumed by a person under the age of twenty-one; (3) attaching an identification tag to the keg with the name, address, and license number of the retail licensee and the keg identification number. An identification tag must consist of paper, plastic, metal, or durable material that is not easily damaged or destroyed. An identification tag must be attached to the keg at the time of the sale with a nylon tie or cording, wire tie or other metal attachment device, or other durable means of tying or attaching the tag to the keg; and (4) charging a mandatory registration fee of fifty dollars at the time of purchase, which is to be returned to the purchaser at the time the keg is returned. (B) The Department of Revenue shall prescribe and provide the form to be used that contains the keg identification information and the purchaser’s statement. The Department of Revenue also shall prescribe and provide the keg identification tag and the manner in which the tag must be attached to the keg. (C) The retail licensee shall maintain the keg identification form and the purchaser’s statement form for a minimum of ninety days from the date the keg is purchased. These forms must be available during normal business hours for inspection by the Department of Revenue and appropriate law enforcement agencies. (D) The retail licensee shall record the date of return of a keg on the proper identification form. After the keg is returned, it shall be the

224 THURSDAY, MAY 31, 2007 responsibility of the retail licensee to remove the tag. The purchaser shall receive a receipt from the retail licensee that the keg was returned with the tag appropriately affixed. If there is no tag affixed to the keg or if the identification number is not legible, the retail licensee shall indicate this fact on the proper keg identification and purchaser statement form. (E) A retail licensee must accept all returned kegs, and upon the licensee’s discretion, may not refund the deposit for a keg that has an altered identification number. (F) A retail licensee who violates the provisions of this section is subject to suspension or revocation of his beer or wine license or monetary penalties pursuant to Section 61-4-250. A person who violates a provision of this section: (1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars; and (2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars. / Amend the bill further, by deleting Section 20-7-8920(A), as contained in SECTION 5, page 6, lines 1-9, and inserting: / “Section 20-7-8920. (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty - one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five one hundred dollars nor more than one two hundred dollars or must be imprisoned for not more than thirty days, or both. / Amend the bill further, by deleting Section 56-1-746(A)(1), as contained in SECTION 7, page 8, lines 22-23, and inserting: / (1) for a conviction for a first offense, for a period of ninety one hundred twenty days; and / Amend the bill further, by adding appropriately numbered SECTIONS at the end to read: / SECTION ___. Section 59-104-20(B) of the 1976 Code is amended to read:

“(B) Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea.” SECTION ___. Section 59-113-20(f) of the 1976 Code is amended to read: “(f) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina tuition grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea.” SECTION ___. Section 59-142-10(A)(4) of the 1976 Code is amended to read: “(4) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and” SECTION ___. Section 59-142-10(B) of the 1976 Code is amended to read: “(B) To maintain continued eligibility for the State need-based grants, once enrolled a student shall:

(1) complete a minimum of twenty-four semester hours an academic year if a full-time student and twelve semester hours an academic year if a part-time student and make satisfactory academic progress toward a degree as determined by the institution; and (2) have not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and (3) be eligible for the need-based grants for a maximum of four academic years of two semesters.” SECTION ___. Section 59-149-90(A) of the 1976 Code is amended to read: “(A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea.” SECTION ___. Section 61-4-590 of the 1976 Code, as added by Act 415 of 1996, is amended to read: “Section 61-4-590. (A) The department has jurisdiction to revoke or suspend permits authorizing the sale of beer or wine. The department may, on its own initiative or on complaint signed and sworn to by two or more freeholders resident for the preceding six months in the community in which the licensed premises are located or by a local peace officer, all of whom are charged with the duty of reporting immediately to the department a violation of the provisions of Section 61-4-580, revoke or suspend the permit pursuant to the South Carolina Revenue Procedures Act. The decision of the Administrative

Law Judge division shall Court is not be automatically superseded or stayed by the filing of a petition for judicial review. (B) In addition to the notice requirements contained in the Administrative Procedures Act, the department may not suspend a licensee’s permit authorizing the sale of beer or wine until the division has conducted and completed an investigation, and the department has made an official determination that the licensee’s permit should be revoked or suspended.” / Renumber sections to conform. Amend title to conform.

Rep. G. M. SMITH explained the amendment. Rep. G. M. SMITH spoke in favor of the amendment. The amendment was then adopted.

Rep. WHITE moved to adjourn debate on the Bill until Tuesday, June 5.

Rep. E. H. PITTS moved to table the motion, which was rejected by a division vote of 42 to 46.

The question then recurred to the motion to adjourn debate until Tuesday, June 5.

Rep. E. H. PITTS demanded the yeas and nays which were taken, resulting as follows: Yeas 23; Nays 74

Those who voted in the affirmative are: Agnew Alexander Anderson Bowers Brantley Breeland G. Brown R. Brown Chalk Clemmons Gambrell Harvin Hiott Jefferson Kennedy Mack Mahaffey Parks Perry Skelton Talley White Whitmire

Total--23

Those who voted in the negative are: Allen Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Ceips Chellis Clyburn Coleman Cotty Davenport Delleney Duncan Edge Frye Funderburk Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Haskins Hinson Hodges Hosey Huggins Kelly Kirsh Knight Leach Lowe McLeod Miller Mitchell Moss Mulvaney J. M. Neal Ott E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Taylor Thompson Toole Umphlett Vick Viers Weeks Whipper Witherspoon

Total--74

So, the House refused to adjourn debate.

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

Rep. E. H. PITTS moved to table the motion, which was agreed to by a division vote of 56 to 14.

Reps. G. M. SMITH and E. H. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7360AHB07), which was adopted:

Amend the bill, as and if amended, by deleting Section 59-104-20(B), as contained in the unnumbered SECTION on page 213-3, lines 30-41, and inserting: / “(B) Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any second or subsequent alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an a second or subsequent alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea.” / Amend the bill further, by deleting Section 59-113-20(f), as contained in the unnumbered SECTION on page 213-4, lines 1-11, and inserting: / “(f) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any second or subsequent alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina tuition grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an a second or subsequent alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea.” / Amend the bill further, by deleting Section 59-142-10(A)(4), as contained in the unnumbered SECTION on page 213-4, lines 14-24, and inserting: / “(4) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any second or subsequent alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an a second or subsequent alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the

230 THURSDAY, MAY 31, 2007 expiration of one academic year from the date of the adjudication, conviction, or plea; and” / Amend the bill further, by deleting Section 59-142-10(B), as contained in the unnumbered SECTION beginning on page 213-4, beginning on line 27, and inserting: / “(B) To maintain continued eligibility for the State need-based grants, once enrolled a student shall: (1) complete a minimum of twenty-four semester hours an academic year if a full-time student and twelve semester hours an academic year if a part-time student and make satisfactory academic progress toward a degree as determined by the institution; and (2) have not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any second or subsequent alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an a second or subsequent alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and (3) be eligible for the need-based grants for a maximum of four academic years of two semesters.” / Amend the bill further, by deleting Section 59-149-90(A), as contained in the unnumbered SECTION on page 213-5, lines 7-17, and inserting: / “(A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any second or subsequent alcohol or drug related drug - related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an a second or subsequent alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea.” / Renumber sections to conform. Amend title to conform.

Rep. E. H. PITTS explained the amendment. The amendment was then adopted.

STATEMENT FOR THE JOURNAL ABSTENTION FROM VOTING ON S. 213, AMENDMENT NO. 2 BASED ON POTENTIAL CONFLICT OF INTEREST In accordance with §8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: The reason for abstaining on the above referenced legislation is: A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code §8-13-700(B). A potential conflict may exist under S.C. Code §8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year. A potential conflict may exist under S.C. Code §8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest. Rep. Carl Gullick

Rep. SCOTT proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11728SP07), which was adopted: Amend the bill, as and if amended, by deleting item (4), as contained in Section 61-4-1920(A), page [213-2], lines 15-17. Renumber sections to conform. Amend title to conform.

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

Rep. E. H. PITTS proposed the following Amendment No. 4 (Doc Name COUNCIL\MS\7378AHB07), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read: / SECTION ___. A. Sections 17-22-10 through 17-22-170 of the 1976 Code are designated as Article 1, Chapter 22, Title 17. B.Chapter 22, Title 17 of the 1976 Code is amended by adding: “Article 5 Alcohol Education Program Section 17-22-500. This article may be cited as the ‘Alcohol Education Program Act’. Section 17-22-510. (A) Each circuit solicitor has the prosecutorial discretion as defined in this chapter and shall as a matter of prosecutorial discretion establish an alcohol education program in the respective circuits for persons who commit certain alcohol-related offenses. (B) The circuit solicitors are specifically endowed with and retain all discretionary powers pursuant to the common law. (C) An alcohol education program must be under the direct supervision and control of the circuit solicitor; however, the solicitor may contract for education and supervision services. (D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the alcohol education programs. The commission shall consult with the Department of Alcohol and Other Drug Abuse Services prior to the approval of these administrative procedures. (E) An alcohol education program must include an educational and community service component. Section 17-22-520. (A) A person may be considered for an alcohol education program if he: (1) is at least seventeen years of age but less than twenty-one years of age at the time of arrest; (2) has no prior alcohol-related offenses; and (3) has no significant history of prior delinquency or criminal activity on his record. (B) A person may not participate in an alcohol education program more than once. (C) A person may be considered for an alcohol education program if he is charged with a violation of the following offenses: (1) purchase or possession of beer or wine by a person under the age of twenty-one pursuant to Section 20-7-8920; (2) purchase or possession of alcoholic liquors by a person under the age of twenty-one pursuant to Section 20-7-8925;

(3) open container in a motor vehicle pursuant to Section 61-4-110; (4) public disorderly conduct pursuant to Section 16-17-530; (5) littering pursuant to Section 16-11-700; (6) providing false information concerning age to purchase beer or wine pursuant to Section 61-4-60; (7) unlawful purchase of beer or wine for a person who cannot legally buy for consumption on the premises pursuant to Section 61-4-80; (8) transfer of beer or wine for underage person’s consumption pursuant to Section 61-4-90; (9) transfer of alcoholic liquors for underage person’s consumption pursuant to Section 61-6-4070; (10) possession of an altered driver’s license or other false documentation pursuant to Section 56-1-515; and (11) another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-5-2930 or Section 56-5-2933. (D) A person’s participation in an alcohol education program does not prevent his participation in a pretrial intervention program pursuant to the provisions and conditions of Article 1. Section 17-22-530. (A) When a person successfully completes an alcohol education program, the circuit solicitor shall effect a noncriminal disposition, as defined in this chapter, of the alcohol-related offense, and there must be no record maintained of the alcohol-related offense except by the Commission on Prosecution Coordination in order to ensure that a person does not benefit from the provisions of this article more than once. (B) If applicable, the person may apply to the court for an order to destroy all official records relating to his arrest. (C) If a person violates the conditions of an alcohol education program, the person may be terminated from the program and the alcohol-related offense reinstated by the circuit solicitor in the appropriate municipality or county. Section 17-22-540. Each circuit solicitor may establish an Office of Alcohol Education Program Coordinator whose responsibility is to assist in the establishment and maintenance of the alcohol education program. Section 17-22-550. A person shall pay a two-hundred-fifty-dollar fee to enroll in an alcohol education program. All fees must be

234 THURSDAY, MAY 31, 2007 deposited into a special circuit solicitor’s fund for operation of the alcohol education program. In cases when the solicitor contracts with education and supervision providers, the person also may be subject to additional fees payable to the provider of these services. However, participation in an alcohol education program may not be denied due to a person’s inability to pay these fees. If a person is deemed unable to pay, the fees for enrollment, education, and supervision services may be waived or reduced at the discretion of each solicitor. Section 17-22-560. Each circuit solicitor shall submit to the Commission on Prosecution Coordination necessary identifying information on each enrollee for the creation and maintenance of a list of enrollees in alcohol education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-520(A) and (B). The information maintained by the commission may be released only to a circuit solicitor for the purpose of determining eligibility for an alcohol education program.” C. The Code Commissioner is authorized to change references in Article 1, Chapter 22, Title 17, as provided in Section 1, from “chapter” to “article” as appropriate. D. This Section takes effect upon approval by the Governor. All circuit solicitors shall have an alcohol education program in effect by July 1, 2008, and no person has the right to apply to the program until the program is established. / Renumber sections to conform. Amend title to conform.

Rep. E. H. PITTS explained the amendment. Rep. G. M. SMITH spoke in favor of the amendment.

LEAVE OF ABSENCE The SPEAKER granted Rep. LOFTIS a leave of absence for the remainder of the day.

LEAVE OF ABSENCE The SPEAKER granted Rep. OWENS a leave of absence for the remainder of the day.

Rep. G. M. SMITH spoke in favor of the amendment. The amendment was then adopted.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows: Yeas 100; Nays 0

Those who voted in the affirmative are: Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bowers Brady Branham Brantley Breeland G. Brown R. Brown Ceips Chalk Chellis Clemmons Clyburn Coleman Cotty Crawford Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Lowe Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Ott Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Vick Viers Whipper White Whitmire Witherspoon Young

Total--100

Those who voted in the negative are:

Total--0

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

S. 213--ORDERED TO BE READ THIRD TIME TOMORROW On motion of Rep. E. H. PITTS, with unanimous consent, it was ordered that S. 213 be read the third time tomorrow.

H. 3279--AMENDED AND ORDERED TO THIRD READING The following Bill was taken up:

H. 3279 -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57- 3-10, AND 57-3-20, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5322CM07), which was adopted: Amend the bill, as and if amended, by striking all after the enacting words and inserting: / SECTION 1. (A)(1) There is created a study committee to examine mass transit and human services transportation programs throughout the State, excluding the state public school bus system. The study committee shall report on the status of the programs, their current levels of usage, funding, the potential availability of additional funds, and efficiencies.

(2) The study committee shall consider the advisability of expanding mass transit systems throughout the State and the possible creation of a public transportation commission, council, or authority for better coordination of the programs. The study shall include, but not be limited to, the consideration of potential benefits, costs, and efficiencies. (3) Additionally, the committee shall study and make recommendations on ways to promote the increased use of existing multimodal transportation options. The study shall include, but not be limited to, strategies to increase access, mobility, and safety for the state’s citizens. (B) The committee shall be composed of the following members: (1) one member appointed by the Governor, who must represent the transportation community; (2) one member appointed by the President Pro Tempore of the Senate, who must represent the transportation community; (3) one member appointed by the Speaker of the House of Representatives, who must represent the transportation community; (4) the Executive Director of the Department of Transportation, or his designee; (5) the President of the Transportation Association of South Carolina, or his designee; (6) the Executive Director of the South Carolina Budget and Control Board, or his designee; (7) one member representing the Council of Governments; (8) the State Director of the Department of Social Services, or his designee; (9) the State Director of the Department of Health and Human Services, or his designee; (10) the Secretary of Commerce, or his designee; (11) the Director of the Lt. Governor’s Office on Aging, or his designee; (12) the State Director of the Department of Disabilities and Special Needs, or his designee; and (13) the State Director of the Vocational Rehabilitation Department, or his designee. All appointments shall be made by July 30, 2007. The study committee members shall serve without compensation or any per diem. No two appointees may represent the same state agency. Those individuals making appointments shall notify the Executive Director of the Department of Transportation of their appointments, and the

Executive Director of the Department of Transportation shall call the initial meeting. The Executive Director of the Department of Transportation, or his designee, shall preside as chairman. (C) The Department of Transportation must provide staffing for the committee. (D) The committee shall render its report and recommendations to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Transportation Committee, and the Chairman of the House Education and Public Works Committee before March 15, 2008, at which time it is dissolved. SECTION 2. This act takes effect upon approval by the Governor. / Renumber sections to conform. Amend title to conform.

Rep. E. H. PITTS explained the amendment. The amendment was then adopted.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows: Yeas 77; Nays 12

Those who voted in the affirmative are: Agnew Alexander Allen Anderson Ballentine Bannister Barfield Bedingfield Bowen Bowers Brady Branham Brantley Breeland R. Brown Ceips Chalk Chellis Clemmons Clyburn Cotty Crawford Duncan Edge Frye Funderburk Gambrell Govan Hagood Haley Hamilton Harrison Harvin Haskins Hinson Hiott Hodges Hosey Huggins Jefferson Kelly Kennedy Kirsh Knight Leach Lowe Mack McLeod Miller Moss Mulvaney J. M. Neal Ott Parks

Pinson E. H. Pitts M. A. Pitts Rutherford Sandifer Scarborough Scott Sellers Shoopman Skelton F. N. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Taylor Toole Umphlett Vick Weeks Whipper Whitmire

Total--77

Those who voted in the negative are: Davenport Delleney Gullick Mahaffey Perry Rice D. C. Smith Stewart Thompson Viers White Witherspoon

Total--12

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

OBJECTION TO MOTION Rep. E. H. PITTS asked unanimous consent that H. 3279 be read a third time tomorrow. Rep. WHITE objected.

RECURRENCE TO THE MORNING HOUR Rep. CRAWFORD moved that the House recur to the Morning Hour, which was agreed to.

MESSAGE FROM THE SENATE The following was received:

Columbia, S.C., May 30, 2007 Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it has appointed Senators Fair, Short and Verdin of the Committee of Conference on the part of the Senate on H. 3355:

H. 3355 -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M. A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G. M. Smith, Toole, G. R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330 OF THE 1976 CODE, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, TO PROVIDE THAT A PHYSICIAN WHO PERFORMS AND ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT SHE HAS THE RIGHT TO VIEW THE ULTRASOUND IMAGES AND UPON HER REQUEST THE PHYSICIAN MUST SHOW THE IMAGES TO THE WOMAN AND PROVIDE A MEDICAL EXPLANATION OF THE IMAGES, TO PROVIDE THAT A PHYSICIAN NOT REQUIRED TO PERFORM AN ULTRASOUND PRIOR TO PERFORMING AN ABORTION MUST INFORM THE WOMAN THAT ULTRASOUND SERVICES ARE AVAILABLE TO HER AND PROVIDE HER WITH A LIST OF LOCATIONS WHERE AN ULTRASOUND MAY BE PERFORMED FREE OF CHARGE, TO PROVIDE THAT IF THE PHYSICIAN OR ALLIED HEALTH PROFESSIONAL PERFORMS AN ABORTION THE PRINTED MATERIALS MAY NOT BE PRESENTED TO HER SOONER THAN TEN MINUTES BEFORE THE ULTRASOUND IS PERFORMED, TO PROVIDE THAT THE WOMAN MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS BEEN INFORMED OF HER RIGHT TO VIEW THE IMAGES, TO PROVIDE THAT UNEMANCIPATED MINORS AND PEOPLE ADJUDICATED TO BE INCOMPETENT ARE EXEMPT FROM THE PROVISIONS OF THIS ACT, TO AMEND CHAPTER 41, TITLE 44 TO ADD SECTION 44-41-35 TO PROVIDE THE CIRCUMSTANCES UNDER WHICH AN ULTRASOUND MUST BE PERFORMED PRIOR TO PERFORMING AN ABORTION, AND TO AMEND SECTION 44- 41-340, TO PROVIDE FOR THE INFORMATION THAT MUST BE INCLUDED IN THE LIST OF FACILITIES THAT PROVIDE ULTRASOUNDS FREE OF CHARGE.

Very respectfully, President Received as information.

MESSAGE FROM THE SENATE

Columbia, S.C., May 31, 2007 Mr. Speaker and Members of the House: The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:30 p.m. today for the purpose of ratifying Acts.

Very respectfully, President

On motion of Rep. HAGOOD the invitation was accepted.

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

H. 4208 -- Rep. Clemmons: A HOUSE RESOLUTION TO COMMEND ROGER DERRICK BROCK OF SOCASTEE FOR HIS MANY CONTRIBUTIONS TO THE YOUTH OF HIS COMMUNITY AND TO RECOGNIZE JULY 25, 2007, AS "ROGER DERRICK BROCK DAY".

Whereas, the House of Representatives takes great pleasure in recognizing South Carolinians who give of their time and talents in service to others and especially when contributing to the lives and future of the youth of our State; and

Whereas, Roger Derrick Brock, born in Conway, South Carolina, is the youngest of three sons born to Eugene C. and Dawzelle Olivier Herring Brock, and after living in Conway and Myrtle Beach the Brock family moved to Socastee where Roger lives today; and

Whereas, Roger is the devoted husband of Joyce (nee Bellamy) of Socastee, the proud father of a son, Derrick, and the doting grandfather of Katie; and

Whereas, after attending South Carolina schools, Roger, at age seventeen, was called to serve his country and joined the United States Air Force; he served with distinction for eight and one-half years with overseas tours of duty in Germany and Japan; and

Whereas, in 1974, Roger once again was called to military service and joined the South Carolina Army National Guard. He rose up through the ranks and has been the recipient of numerous military awards and decorations. His unit was activated for Operation Desert Storm in 1990, and upon returning, he served until retiring as Sergeant Major in 1998 at age sixty, with a combined active and reserve military service career of thirty-two years; and

Whereas, after being honorably discharged, Roger pursued a career in communications and retired from GTE (Verizon) in 1993 with twenty-eight years of dedicated service. During his tenure with GTE, Roger furthered his education obtaining four associate degrees and a Bachelor of Arts Degree from Saint Leo College with a major in human resources and a minor in computer information systems; and

Whereas, after retiring from GTE, and not one to remain idle, Roger became a substitute teacher and school bus driver with the Horry County Schools until he retired in 2000; and

Whereas, Mr. Brock’s service to Horry County Schools was a natural complement to a lifetime of service to youth, as Roger began working in 1967 with Boy Scout Troop 856, which will celebrate it’s fiftieth anniversary in 2008. He has led the troop as Scoutmaster and has been the Troop Committee Chair since 1983. His leadership and commitment to scouting has been exemplary, and his many scouting awards are testimony to his commitment and dedication; and

Whereas, throughout his outstanding service to the Boy Scouts, Roger has given selflessly of himself and his time, and under his tutelage, he has mentored approximately 700 boys, 23 of whom received the prestigious Eagle Scout award, helping them to integrate the Boy Scout oath and principles into their daily lives and guiding them in becoming responsible, productive citizens; and

Whereas, Roger, who has been a faithful member of Socastee Pentecostal Holiness Church since 1968, also has served the youth of

243 THURSDAY, MAY 31, 2007 this church with dedication and devotion as a Sunday School teacher, assistant Sunday School superintendent, and youth leader, as well as serving for many years as a deacon; and

Whereas, the House of Representatives is pleased to recognize the contributions and accomplishments of such an outstanding native son as Roger Derrick Brock. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend Roger Derrick Brock of Socastee for his many contributions to the youth of his community and recognize July 25, 2007, as “Roger Derrick Brock Day”.

Be it further resolved that a copy of this resolution be forwarded to Mr. Roger Derrick Brock.

H. 4209 -- Reps. Brady, Bales, Ballentine, Cotty, Harrison, Hart, Howard, J. H. Neal, Rutherford, Scott and J. E. Smith: A HOUSE RESOLUTION TO EXTEND A WARM WELCOME AND BEST WISHES FOR A SUCCESSFUL VISIT IN THE STATE OF SOUTH CAROLINA TO THE DELEGATION FROM YIBIN CITY IN CHINA AND DR. GEORGE WANG OF THE US-CHINA EXCHANGE ASSOCIATION, HERE TO ENCOURAGE A LASTING PARTNERSHIP BETWEEN YIBIN CITY AND THE CITY OF COLUMBIA.

H. 4210 -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown,

R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb- Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO OFFER THE WARMEST CONGRATULATIONS TO THE HONORABLE AND MRS. MILFORD JUNE COOPER OF ANDERSON COUNTY ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY ON JUNE 15, 2007, AND TO EXTEND TO THEM BEST WISHES FOR CONTINUED HAPPINESS IN THE YEARS TO COME.

Whereas, Milford June “Dolly” Cooper married the love of his life, the former Melba Irene Blackmon, on June 15, 1947, and on Friday, June 15, 2007, the couple will celebrate the momentous occasion of their Sixtieth Wedding Anniversary; and

Whereas, this wonderful couple has always been proud to serve their local community, the State, and nation; and

Whereas, a decorated veteran who served five years in the United States Army 30th Infantry Division, Dolly Cooper also served with great distinction in the South Carolina House of Representatives from 1975 to 1989; and

Whereas, Mrs. Cooper’s devotion to her husband has always been evident as she supported him unquestionably through the years and stood proudly by his side as he ran for and served in statewide office and served on numerous community boards and organizations; and

Whereas, the couple are proud to boast four wonderful children: Bob, Beth, Tim, and Dan; and

Whereas, not just devoted to serving their community, but also their God, the Coopers are active and committed members of First Baptist Church; and

Whereas, this loving couple celebrates an impressive milestone in their lives marking sixty years of love, devotion, and mutual support on June 15, 2007, and with family gathered around, they will celebrate the richness and beauty of their lasting commitment to each other; and

Whereas, it is with great pleasure that the members of the South Carolina General Assembly pause to honor this extraordinary couple on their momentous Sixtieth Wedding Anniversary and publicly thank them for their many contributions to the betterment of their fellow man. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, offer the warmest congratulations to the Honorable and Mrs. Milford June Cooper of Anderson County on the occasion of their Sixtieth Wedding Anniversary on June 15, 2007, and extend to them best wishes for continued happiness in the years to come.

Be it further resolved that a copy of this resolution be forwarded to the Honorable and Mrs. Milford June Cooper of Anderson County.

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

H. 4211 -- Reps. Harrison and Ott: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO LOCAL MUSEUMS MEETING CERTAIN REQUIREMENTS. Referred to Committee on Ways and Means

S. 656--DEBATE ADJOURNED Rep. DELLENEY moved to adjourn debate upon the following Bill until Tuesday, June 5, which was adopted:

S. 656 -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler 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.

S. 765--DEBATE ADJOURNED Rep. LOWE moved to adjourn debate upon the following Bill until Tuesday, June 5, which was adopted:

S. 765 -- Senators Leatherman and McConnell: A BILL TO PROVIDE THAT THE REMAINS OF THE CSS PEE DEE, A CONFEDERATE NAVAL VESSEL WHICH SANK IN THE GREAT PEE DEE RIVER, AS WELL AS ALL OTHER ARTIFACTS LYING IN THE GREAT PEE DEE RIVER IN THE AREA BELOW THE ORDINARY HIGH WATER MARK BETWEEN FLORENCE AND MARION COUNTY, IN A ZONE TWO MILES ABOVE AND TWO MILES BELOW THE UNITED STATES HIGHWAY 76 BRIDGE, IS THE PROPERTY OF THE STATE OF SOUTH CAROLINA AND THAT IT IS UNLAWFUL TO COLLECT ANY ARTIFACTS FROM THE AREA.

OBJECTION TO RECALL Rep. FUNDERBURK asked unanimous consent to recall H. 3077 from the Committee on Judiciary. Rep. HASKINS objected.

H. 3233 -- Reps. Scarborough and Umphlett: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON

WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2000 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO TRANSFER OF TITLES TO WATERCRAFT IN LEXINGTON COUNTY.

Rep. SCARBOROUGH moved to adjourn debate upon the Senate Amendments until Tuesday, June 5, which was agreed to.

H. 3379 -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149- 50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

Reps. HARRELL and COOPER proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\10139SSP07), which was adopted: Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read: / SECTION __. A.Chapter 104, Title 59 of the 1976 Code is amended by adding: “Section 59-104-25. (A) A resident student who is at least a sophomore attending a four-year public or private institution of higher learning in this State majoring in science or mathematics as defined below and who is receiving a Palmetto Fellows Scholarship for his

249 THURSDAY, MAY 31, 2007 current year shall receive an additional Palmetto Fellows Scholarship stipend equal to the cost of attendance after applying all other scholarships or grants not to exceed three thousand three hundred dollars each year for not more than three additional years of instruction including his sophomore year if enrolled in a four-year degree program or for not more than four additional years of instruction including his sophomore year if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional Palmetto Fellows Scholarship stipend each year, the student must receive the underlying Palmetto Fellows Scholarship for that year and must be making acceptable progress each year toward receiving a degree in his science or mathematics major. In addition, during his freshman year, the student is required to have successfully completed a total of at least fourteen credit hours of instruction in mathematics and life and physical science courses with a minimum of six hours in mathematics and a minimum of six hours in life and physical science including one laboratory course. For purposes of meeting the required minimum level of instruction in mathematics and life and physical science courses during a student’s freshman year, advanced placement courses in mathematics and life and physical sciences taken in high school on which the student scored high enough on the advanced placement test to receive credit at his institution and for which he received credit count toward the fulfillment of this minimum requirement. (B) The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, science education, math education, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines. Additionally, the Commission on Higher Education shall annually communicate with high school guidance counselors regarding the list of qualifying majors. (C) This additional Palmetto Fellows Scholarship stipend if lost may be regained in the same manner the underlying Palmetto Fellows Scholarship if lost may be regained. (D) In addition, the amount of the Palmetto Fellows Scholarship for recipients who do not receive the enhanced stipend provided by this section beginning with the 2007 academic year shall be increased to an

250 THURSDAY, MAY 31, 2007 amount equal to that received by a LIFE scholarship recipient also receiving the enhanced stipend provided by Section 59-149-15.” B.Chapter 149, Title 59 of the 1976 Code is amended by adding: “Section 59-149-15. (A) A resident student who is at least a sophomore attending a four-year public or private institution of higher learning in this State majoring in science or mathematics as defined below and who is receiving a LIFE Scholarship for his current year shall receive an additional LIFE Scholarship stipend equal to the cost of attendance after applying all other scholarships or grants not to exceed two thousand five hundred dollars each year for not more than three additional years of instruction including his sophomore year if enrolled in a four-year degree program or for not more than four additional years of instruction including his sophomore year if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. In addition, during his freshman year, the student is required to have successfully completed a total of at least fourteen credit hours of instruction in mathematics and life science courses with a minimum of six hours in mathematics and a minimum of six hours in science including one laboratory course. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional LIFE Scholarship stipend each year, the student must receive the underlying LIFE Scholarship for that year and must be making acceptable progress each year toward receiving a degree in his science or mathematics major. For purposes of meeting the required minimum level of instruction in mathematics and life and physical science courses during a student’s freshman year, advanced placement courses in mathematics and life and physical sciences taken in high school on which the student scored high enough on the advanced placement test to receive credit at his institution and for which he received credit count toward the fulfillment of this minimum requirement. (B) The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at a minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, science education, math education, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines. Additionally, the Commission on Higher Education shall annually communicate with high school guidance counselors regarding the list of qualifying majors.

(C) This additional LIFE Scholarship stipend if lost may be regained in the same manner the underlying LIFE Scholarship if lost may be regained.” C.Section 59-150-370 of the 1976 Code is amended to read: “Section 59-150-370. (A) SC HOPE Scholarships are hereby established and are provided by the State. These scholarships are authorized in an amount of up to two thousand five hundred dollars, plus a one hundred fifty three hundred dollar book allowance to cover the cost of attendance, as defined by the Commission on Higher Education by regulation, during the first year of attendance only, to an eligible student attending a four-year public or independent institution as defined in subsection (B) who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship. (B) For purposes of this chapter, a ‘public or independent institution’ that a student may attend to receive a SC HOPE Scholarship includes the following: (1) a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50; (2) a public or independent bachelor’s level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor’s level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor’s level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of ‘public or independent institution’ for purposes of this chapter. (C) A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section. (D) These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in subsection (B).

(E) The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section. (F) All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education, which may audit these institutions to ensure compliance with this provision. (G)(1) A resident student who is at least a sophomore attending a four - year public or private institution of higher learning in this State, majoring in science or mathematics as defined below, and who received a HOPE Scholarship for his first year of attendance, shall receive the HOPE Scholarship and book allowance in the amounts pursuant to subsection (A) for his second year of attendance. A year is defined as thirty credit hours of instruction or its equivalent. To receive the HOPE Scholarship and book allowance for his second year of attendance, the student is required to have successfully completed a total of at least fourteen credit hours of instruction in mathematics and life and physical science courses with a minimum of six hours in mathematics and a minimum of six hours in life and physical science including one laboratory course. For purposes of meeting the required minimum level of instruction in mathematics and life and physical science courses during a student’s first year, advanced placement courses in mathematics and life and physical sciences taken in high school on which the student scored high enough on the advanced placement test to receive credit at his institution and for which he received credit count toward the fulfillment of this minimum requirement. (2) The Commission on Higher Education by regulation shall define what constitutes a science or mathematics major but at minimum shall include majors in science or mathematics disciplines, computer science or informational technology, engineering, and health care and related disciplines including medicine and dentistry; provided, that nothing herein prevents a student from changing majors within acceptable science or mathematics disciplines.” D.This section takes effect upon approval by the Governor, and applies beginning with the academic year beginning in the fall of 2007./ Renumber sections to conform. Amend title to conform.

Rep. D. C. SMITH explained the amendment.

The amendment was then adopted.

STATEMENT FOR THE JOURNAL ABSTENTION FROM VOTING ON H. 3379 BASED ON POTENTIAL CONFLICT OF INTEREST In accordance with §8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: The reason for abstaining on the above referenced legislation is: A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code §8-13-700(B). A potential conflict may exist under S.C. Code §8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year. A potential conflict may exist under S.C. Code §8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest. Rep. Carl Gullick

S. 787--DEBATE ADJOURNED The following Concurrent Resolution was taken up:

S. 787 -- Senators McConnell and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2007, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 19, 2007 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL

THURSDAY, JUNE 21, 2007, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 21, 2007, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE. Rep. COOPER moved to adjourn debate on the Concurrent Resolution until Tuesday, June 5, which was agreed to.

MOTION PERIOD The motion period was dispensed with on motion of Rep. COOPER.

MOTION ADOPTED Rep. OTT moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

RATIFICATION OF ACTS At 1:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R85, S. 20) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen, Reese, Knotts, Leventis, Land, McGill, Rankin, Campsen, Grooms, Hawkins, Short and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE HEALTH INSURANCE COVERAGE, INCLUDING COVERAGE UNDER THE STATE HEALTH PLAN, FOR AUTISM SPECTRUM DISORDER AND TO DEFINE “AUTISM SPECTRUM DISORDER” AS AUTISTIC DISORDER, ASPERGER’S SYNDROME, AND NOT OTHERWISE SPECIFIED PERVASIVE DEVELOPMENTAL DISORDER.

(R86, S. 139) -- Senators Knotts and Elliott: AN ACT TO AMEND SECTION 12-37-224, AS AMENDED, 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 A BOAT OR WATERCRAFT, OR A TRAILER USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE AND TO REQUIRE THE FAIR MARKET VALUE OF A MOTOR HOME, A BOAT OR WATERCRAFT, OR TRAILER THAT MEETS THE REQUIREMENTS OF THIS ACT TO

BE DETERMINED IN THE MANNER THAT MOTOR VEHICLES ARE VALUED FOR PROPERTY TAX PURPOSES.

(R87, S. 235) -- Senators Hayes, Thomas and Knotts: AN ACT TO AMEND SECTIONS 34-26-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA CREDIT UNION ACT, SO AS TO REVISE THE DEFINITION OF “DEPOSIT ACCOUNT”; 34-26-350, RELATING TO THE PRINCIPAL PLACE OF BUSINESS OF A CREDIT UNION, SO AS TO CLARIFY THAT THE CREDIT UNION MAY ESTABLISH AND CLOSE BRANCHES WITH THE APPROVAL OF THE BOARD OF FINANCIAL INSTITUTIONS; 34-26-420, RELATING TO POWERS INCIDENTAL TO THE PURPOSE OF CREDIT UNIONS, SO AS TO PROVIDE THAT THE POWERS GRANTED BY STATE LAW TO A STATE-CHARTERED CREDIT UNION SHALL NOT EXCEED THOSE FOR A FEDERALLY CHARTERED CREDIT UNION AND TO DELETE A REFERENCE TO A CREDIT UNION BEING GIVEN POWERS BY REGULATION; 34-26-500, AS AMENDED, RELATING TO THE REQUIREMENTS OF MEMBERSHIP OF A CREDIT UNION, SO AS TO DELETE THE PROVISION THAT A CREDIT UNION PRESENTLY DOES NOT HAVE A CREDIT UNION SERVICE AVAILABLE, AND PROVIDE THAT THE BOARD APPROVAL IS NOT NECESSARY TO ADD GROUPS WITH NOT MORE THAN TWO HUNDRED FIFTY POTENTIAL MEMBERS INSTEAD OF ONE HUNDRED; 34-26-605, RELATING TO THE BOARD OF A CREDIT UNION, SO AS TO PROVIDE THAT THE BYLAWS MAY OFFER THE OPTION OF USING LOAN OFFICERS INSTEAD OF A CREDIT COMMITTEE; 34-26-750, RELATING TO THE OWNERSHIP INTERESTS IN SHARE ACCOUNTS, SO AS TO REQUIRE THAT CREDIT UNION BYLAWS MUST ESTABLISH MEMBERSHIP AND MEMBER’S RIGHT TO VOTE, OBTAIN LOANS, OR HOLD OFFICE; AND 34-26-860, AS AMENDED, RELATING TO THE LIMITATION ON THE SIZE OF LOAN SECURED BY REAL ESTATE, SO AS TO PROVIDE THAT LOAN TERMS FOR RESIDENTIAL DWELLINGS MAY NOT EXCEED THE MAXIMUM ALLOWED BY FNMA OR GNMA INSTEAD OF THIRTY YEARS, TO DELETE REQUIREMENTS THAT NO LOANS MAY BE MADE IN EXCESS OF EIGHTY-FIVE PERCENT OF THE APPRAISED VALUE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT LOAN TO VALUE

REQUIREMENTS AND CERTIFIED APPRAISALS MAY NOT EXCEED MAXIMUMS ALLOWED FOR FEDERALLY CHARTERED CREDIT UNIONS, TO DELETE A REQUIREMENT THAT LOANS OF FIFTY THOUSAND DOLLARS OR MORE REQUIRE A CERTIFIED APPRAISAL, AND TO PROVIDE THAT A LOAN THAT DOES NOT REQUIRE A CERTIFIED APPRAISAL REQUIRES AN INSPECTION BY A CREDIT UNION-APPOINTED INDIVIDUAL AND EVIDENCE OF VALUE IN THE FILE.

(R88, S. 334) -- Senators Leventis, Hayes, Knotts, Drummond, Anderson and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-126 SO AS TO MAKE AN INDIVIDUAL ELIGIBLE FOR WAITING WEEK CREDIT FOR UNEMPLOYMENT COMPENSATION IF THE EMPLOYMENT SECURITY COMMISSION FINDS THAT THE INDIVIDUAL HAS LEFT WORK VOLUNTARILY TO RELOCATE BECAUSE OF THE TRANSFER OF A SPOUSE WHO HAS BEEN REASSIGNED FROM ONE MILITARY ASSIGNMENT TO ANOTHER UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 41-35-130, AS AMENDED, RELATING TO THE PAYMENT OF BENEFITS TO AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT LEAVING AN EMPLOYER BECAUSE OF THE TRANSFER OF A SPOUSE FROM ONE MILITARY ASSIGNMENT TO ANOTHER DOES NOT DISQUALIFY A PERSON FROM THESE BENEFITS.

(R89, S. 367) -- Senators Hayes, Setzler, Matthews, Short, Fair, Richardson and Vaughn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-2545 SO AS TO PROVIDE THAT IF IN AN APPEAL OF A DECISION BY THE COUNTY ASSESSOR TO REMOVE THE AGRICULTURAL USE CLASSIFICATION THE TAXPAYER PREVAILS IN THE CONTESTED CASE HEARING AND THE ADMINISTRATIVE LAW JUDGE FINDS THAT THE ASSESSOR’S DECISION WAS UNREASONABLE, THEN THE COUNTY SHALL PAY THE TAXPAYER’S REASONABLE ATTORNEY’S FEES; TO AMEND SECTION 6-1-50, AS AMENDED, RELATING TO REPORTING BY COUNTIES AND MUNICIPALITIES TO THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD,

SO AS TO CHANGE THE REPORTING DATE; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT AND TO PROVIDE THAT THIS MILLAGE INCREASE LIMIT DOES NOT AMEND OR REPEAL ANY MORE RESTRICTIVE LIMITS APPLICABLE IN OTHER LAW; TO AMEND SECTIONS 11-11-155 AND 11-11-156, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN THE COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO REQUIRE A COUNTY ORDINANCE IMPLEMENTING THE ACCELERATION TO USE A QUARTERLY SCHEDULE, PROVIDE FOR THE ASSESSOR TO DO THESE LISTINGS, ELIMINATE PROVISIONS PROVIDING FOR PAYMENT IN THE SUCCEEDING TAX YEAR, AND PROVIDE THAT ADDITIONAL TAX IS DUE ON THE VALUE OF THE IMPROVEMENTS LISTED WITHOUT REGARD TO A TAX RECEIPT ISSUED EARLIER FOR PAYMENT ON THE UNIMPROVED PROPERTY; TO AMEND SECTIONS 12-37-3130, 12-37-3140, AND 12-37-3150, RELATING TO DEFINITIONS, VALUATION, AND ASSESSABLE TRANSFER OF INTEREST, FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO DELETE REFERENCES TO “BENEFICIAL USE”, TO REVISE THE DEFINITION OF “CONVEYANCE” AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND

TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED, TO CLARIFY THE DATE AND PROPERTY TAX YEAR FOR WHICH REVISED VALUES APPLY, DELETE UNIT VALUATION REAL PROPERTY FROM THE APPLICABLE LIMITS, AND PROVIDE THAT THE TRANSFER OF AN INTEREST IN A TIMESHARE UNIT DOES NOT RESULT IN AN ASSESSABLE TRANSFER OF INTEREST; TO AMEND SECTION 12-37-3160, RELATING TO OWNERSHIP OF REAL PROPERTY INTERESTS FOR PURPOSES OF ASSESSABLE TRANSFERS OF INTEREST, SO AS TO REVISE THE PERIODIC REPORTING REQUIREMENTS; AND TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE THAT IN NONREASSESSMENT YEARS, AN APPEAL MADE BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE YEAR APPLIES FOR THAT YEAR AND AN APPEAL FILED ON OR AFTER THAT DATE APPLIES FOR THE NEXT YEAR.

(R90, S. 391) -- Senators Knotts, Elliott, Grooms, Drummond, Ford, Anderson, McGill and Mescher: AN ACT TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND TO PROVIDE THE CHIEF MAGISTRATE OF THE COUNTY, OR HIS DESIGNEE, SHALL SERVE AS CORONER UNTIL THE REPLACEMENT TAKES OFFICE; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS MANDATORY RATHER THAN DISCRETIONARY; TO AMEND SECTION 17-5-520, RELATING TO THE AUTHORITY OF A CORONER OR MEDICAL EXAMINER TO DETERMINE THAT AN AUTOPSY BE MADE, SO AS TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REQUEST AN AUTOPSY IF A CHILD’S DEATH OCCURS AS A RESULT OF VIOLENCE OR IS UNEXPLAINED INCLUDING POSSIBLE SUDDEN INFANT DEATH SYNDROME, AND TO PROVIDE FOR THE MANNER IN WHICH THE AUTOPSY SHALL BE CONDUCTED; TO AMEND SECTION 20-7-5915, AS

AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES AND WHEN A CORONER SHALL BE REQUESTED TO REOPEN A CASE; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE IN REGARD TO THE INVESTIGATION OF A DEATH, SO AS TO PROVIDE THAT THE CORONER OR MEDICAL EXAMINER MUST BE NOTIFIED ABOUT A REVIEW MEETING AND REQUESTED TO ATTEND; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.

(R91, S. 459) -- Senators Sheheen, Leventis, Lourie, Bryant, Ford, Knotts and Campsen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 154 TO TITLE 59 SO AS TO ENACT THE “JESSICA HORTON ACT” TO PROVIDE THAT CAMPUS POLICE OFFICERS SHALL NOTIFY AND WORK WITH THE STATE LAW ENFORCEMENT DIVISION ON THE INVESTIGATION OF A DEATH OR AN ALLEGED ACT OF CRIMINAL SEXUAL CONDUCT RESULTING FROM AN INCIDENT OCCURRING ON THE CAMPUS OF AN INSTITUTION OF HIGHER LEARNING AND TO PROVIDE DEFINITIONS.

(R92, S. 504) -- Senators Leatherman, Gregory, Courson, Bryant, Alexander, Verdin, Elliott, Ritchie and Hayes: AN ACT TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUILDING CODE ADOPTION PROCEDURE, SO AS TO PROVIDE THAT THE PROCEDURE FOR MODIFYING AN EXISTING CODE IS THE SAME AS ADOPTING A CODE, AND TO PROVIDE THE PROCEDURE FOR AN EMERGENCY BUILDING CODE MODIFICATION.

(R93, S. 518) -- Medical Affairs Committee: AN ACT 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 INFORMATION ON THE IMPORTANCE OF INFANT CPR AND THAT THE HOSPITAL 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 PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS, AND TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL MAKE THE VIDEO AND INFORMATION ON INFANT CPR AVAILABLE TO ADOPTING PARENTS AND SHALL REQUEST THESE PARENTS TO VIEW THE VIDEO.

(R94, H. 3135) -- Reps. J.E. Smith, Funderburk and Cotty: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO DEVELOP A STATEWIDE COMPREHENSIVE SERVICE DELIVERY SYSTEM FOR PERSONS WITH EPILEPSY IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.

(R95, H. 3161) -- Reps. Walker, Mahaffey, Herbkersman, Cotty, Hagood, Scarborough and Stavrinakis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE FOR THE MAXIMUM SCHOOL BUS RIDE TIME OF EACH STUDENT AND ROUTING

EFFICIENCY FOR EACH SCHOOL BUS; BY ADDING SECTION 59-67-108 SO AS TO PROVIDE FOR THOSE PERSONS WHO MAY DRIVE A SCHOOL BUS AND FOR THE REQUIRED TRAINING AND CERTIFICATION OF SCHOOL BUS DRIVERS; BY ADDING SECTION 59-67-415 SO AS TO PROVIDE THAT PARENTS ARE RESPONSIBLE FOR THE SAFETY, CONDUCT, AND TIMELY ARRIVAL OF THEIR CHILDREN TO, FROM, AND AT THE SCHOOL BUS STOP; TO AMEND SECTION 59-67-100, RELATING TO SCHOOL BUS SEATING SPACE AND STUDENTS ASSIGNED TO A SCHOOL BUS, SO AS TO PROVIDE THAT THE NUMBER OF STUDENTS ASSIGNED TO A SCHOOL BUS MUST NOT BE GREATER THAN THE MANUFACTURER CERTIFIED SEATING CAPACITY AND PROVIDE THAT ALL PASSENGERS TRANSPORTED MUST HAVE ADEQUATE SEATING AREA TO COMPLY WITH CERTAIN STANDARDS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF BUSES, SO AS TO PROVIDE THAT ALL PUBLICLY OWNED OR LEASED SCHOOL BUSES MUST BE INSPECTED AT LEAST ONCE ANNUALLY, TO PROVIDE THAT CERTAIN PRIVATELY OWNED SCHOOL BUSES MUST BE INSPECTED ANNUALLY, AND TO PROVIDE FOR THE MANNER OF INSPECTION; TO AMEND SECTION 59-67-420, RELATING TO TRANSPORTATION TO BE PROVIDED TO STUDENTS, SO AS TO FURTHER PROVIDE FOR WHEN THE STATE SHALL BEAR THE COST OF TRANSPORTING STUDENTS, PROVIDE THAT THE STATE MAY ASSUME THE RESPONSIBILITY OF TRANSPORTING STUDENTS WHEN HAZARDOUS TRAFFIC CONDITIONS ARE INVOLVED, PROVIDE THAT THE SCHOOL DISTRICT SHALL ESTABLISH HAZARDOUS TRAFFIC CRITERIA, PROVIDE FOR HAZARDOUS TRAFFIC FUNDS, PROVIDE FOR WHEN THE STATE SHALL PROVIDE TRANSPORTATION TO AND FROM THE RESIDENCE OF UNESCORTED STUDENTS, AND PROVIDE FOR OTHER MATTERS AND CRITERIA PERTAINING TO THE TRANSPORTATION OF STUDENTS INCLUDING A REQUIREMENT THAT THE STATE PROVIDE LOCAL SCHOOL DISTRICTS WITH A NUMBER OF SCHOOL BUSES SUFFICIENT TO ACCOMMODATE THE TRANSPORTATION OF STUDENTS ELIGIBLE TO BE TRANSPORTED UNDER THIS SECTION; BY ADDING SECTION 59-67-580 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT A SCHOOL BUS REPLACEMENT CYCLE TO REPLACE

APPROXIMATELY ONE-FIFTEENTH OF THE FLEET EACH YEAR WITH FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR SCHOOL BUS PURCHASES, AND TO ESTABLISH A GRANT PROGRAM TO PROVIDE TRANSPORTATION TO STUDENTS OF ALTERNATIVE PUBLIC SCHOOLS; BY ADDING SECTION 59-67-585 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION, WHEN FEASIBLE, SHALL UTILIZE BIODIESEL FUEL AS AN ENERGY SOURCE TO POWER THE STATE SCHOOL BUS FLEET; AND BY ADDING SECTION 59-67-300 SO AS TO PROVIDE THAT STATE-OWNED SCHOOL BUSES MUST BE PARKED OVERNIGHT AND DURING THE SCHOOL DAY IN A LOCATION THAT IS CENTRAL TO THE AREA IN WHICH THE SCHOOL BUSES ARE OPERATED.

(R96, H. 3319) -- Reps. M.A. Pitts, Pinson and Parks: AN ACT TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO CHANGE THE FILING PERIOD FROM SEPTEMBER TO AUGUST.

(R97, H. 3510) -- Reps. Vick, M.A. Pitts, Lowe and Bedingfield: AN ACT TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT FOR THE PRIVILEGE OF HUNTING MIGRATORY WATERFOWL, A PERSON MUST PURCHASE A MIGRATORY WATERFOWL PERMIT, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES ALSO SHALL PRODUCE AN ANNUAL COMMEMORATIVE MIGRATORY WATERFOWL STAMP, AND TO PROVIDE FOR THE COST AND MANNER OF SALE OF THESE PERMITS AND STAMPS; 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 YEARS OF AGE 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 WITHOUT A FEDERAL PERMIT TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL, ITS NEST, OR EGGS OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.

(R98, H. 3659) -- Reps. Kirsh, Simrill, Owens, Scott and McLeod: AN ACT TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCISE TAX ON ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION, SO AS TO REQUIRE REVENUE FROM THE EXCISE TAX TO BE DISTRIBUTED IN FOUR EQUAL PAYMENTS TO STATE AGENCIES AND ENTITIES BASED ON PAYMENTS REMITTED IN FISCAL YEAR 2004-2005 AND TO REQUIRE AMOUNTS IN EXCESS OF THE TAX COLLECTION AND THE FISCAL YEAR 2004-2005 REMITTANCE TO BE DISTRIBUTED TO COUNTY TREASURERS WITHIN THIRTY DAYS.

(R99, H. 3722) -- Reps. Scott, Govan, Rutherford, Whipper, Brantley, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Breeland, G. Brown, R. Brown, Clyburn, Cobb-Hunter, Funderburk, Hart, Harvin, Hodges, Hosey, Howard, Jefferson, Jennings, Kennedy, Knight, Mack, McLeod, Miller, Mitchell, J.H. Neal, Ott, Parks, Sellers, Vick, Weeks and Williams: AN ACT TO AMEND CHAPTER 22, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO, AMONG OTHER THINGS, ESTABLISH A STATE POLICY TO ENCOURAGE THE DEVELOPMENT AND PROMOTE THE ACCOUNTABILITY OF PROFESSIONAL ENGINEERS; TO PROVIDE STAGGERED TERMS FOR MEMBERS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND SURVEYORS; TO REVISE THE CAP ON CIVIL FINES; TO AUTHORIZE THE BOARD TO WAIVE STATE LICENSING AND CREDENTIALING REQUIREMENTS DURING A STATE OF DECLARED PUBLIC EMERGENCY; TO PROVIDE FOR THE LICENSURE AND REGULATION OF SURVEYORS, RATHER

THAN LAND SURVEYORS; TO ELIMINATE CATEGORY A ENGINEER LICENSURE AND TO PROVIDE THAT CATEGORY B ENGINEERS MAY CONTINUE TO PRACTICE UNTIL JULY 1, 2020, AT WHICH TIME CATEGORY B ENGINEERING CEASES TO EXIST; TO REVISE EDUCATIONAL REQUIREMENTS FOR LICENSURE AS AN ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING; AND TO DELETE OBSOLETE PROVISIONS.

(R100, H. 3990) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3096, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R101, H. 3914) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3093, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R102, H. 3991) -- Reps. McLeod, Haley, Toole, Spires, Huggins, Ott, E.H. Pitts, Bingham, Ballentine and Frye: AN ACT 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.

(R103, H. 4081) -- Rep. Cotty: AN ACT TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO THE SCHOOL BOARD OF TRUSTEES FOR KERSHAW COUNTY, SO AS TO ALLOW THE SCHOOL BOARD TO ADJUST ITS SALARY AND EXPENSES, BY RESOLUTION, TO BE EFFECTIVE ON THE

COMMENCEMENT DATE OF THE TERMS OF TWO OR MORE MEMBERS ELECTED AT THE NEXT GENERAL ELECTION FOLLOWING THE ADOPTION OF THE RESOLUTION.

MOTION NOTED Rep. HAGOOD moved to reconsider the vote whereby S. 15 was given a second reading and the motion was noted.

RETURNED WITH CONCURRENCE The Senate returned to the House with concurrence the following:

H. 4207 -- Rep. Barfield: A CONCURRENT RESOLUTION TO OFFER THE WARMEST CONGRATULATIONS TO THE HONORABLE AND MRS. MILFORD JUNE COOPER OF ANDERSON COUNTY ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY ON JUNE 15, 2007, AND TO EXTEND TO THEM BEST WISHES FOR CONTINUED HAPPINESS IN THE YEARS TO COME.

ADJOURNMENT At 1:45 p.m. the House, in accordance with the motion of Rep. W. D. SMITH, adjourned in memory of James Howard Berline of Spartanburg, to meet at 10:00 a.m. tomorrow. ***