House Journal for Feb. 24, 2005 - South Carolina Legislature Online

Thursday, February 24, 2005 (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 Psalm 40:3: “He has put a new song in my mouth. Praise to our God.” Let us pray. Heavenly Father, as You guide the proceedings today, motivate each to give of their best to that which You have assigned us in life. Plant in us the desire for sincerity, charity, and integrity. Fortify us with purpose and intent to fulfill Your desires. Invoke Your divine care on our Nation, our President, our State and her leaders. Be with our defenders of freedom and keep them safe. In Your Holy name we pray. 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. KIRSH moved that when the House adjourns, it adjourn in memory of Mike McCarter of Clover, which was agreed to.

SILENT PRAYER The House stood in silent prayer for the family of Representative Umphlett due to his wife's illness.

MESSAGE FROM THE SENATE The following was received:

Columbia, S.C., February 23, 2005 Mr. Speaker and Members of the House:

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

138 THURSDAY, FEBRUARY 24, 2005

Prisoner of War Commission Term Commencing: July 1, 2003 Term Expiring: July 1, 2007 Seat: 5th Congressional District

Initial Appointment: Mr. T. J. Martin 1255 Filbert Highway York, South Carolina 29745

Very respectfully, President of the Senate

Received as information.

MESSAGE FROM THE SENATE The following was received:

Columbia, S.C., February 23, 2005 Mr. Speaker and Members of the House:

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

Calhoun County Master-in-Equity Term Commencing: August 14, 2003 Term Expiring: August 13, 2009 Seat: Master-in-Equity Vice: Thomas P. Culclasure

Initial Appointment: Martin R. Banks, Esquire 312 Tamwood Circle Cayce, South Carolina 29033 803-874-2100

Very respectfully, President of the Senate

Received as information.

REPORTS OF STANDING COMMITTEES Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3108 -- Reps. M. A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT. Ordered for consideration tomorrow.

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

H. 3084 -- Reps. Sinclair, Cato and McLeod: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE. Ordered for consideration tomorrow.

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

H. 3020 -- Reps. Govan, Clyburn, Clark, E. H. Pitts, Toole, Haley, Ballentine, McLeod, Mack, Breeland, M. Hines, Anderson, Hosey, Parks, Pinson, Jefferson, Walker, Sinclair, Hamilton, G. R. Smith, Mahaffey, McGee, D. C. Smith, Anthony, Phillips, Rhoad, Funderburk and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION. Ordered for consideration tomorrow.

HOUSE RESOLUTION The following was introduced:

H. 3628 -- Rep. Leach: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. JERRY GUO OF GREER ON BEING NAMED ONE OF THE TOP TWO VOLUNTEERS OF SOUTH CAROLINA FOR 2005 IN THE TENTH ANNUAL PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM.

The Resolution was adopted.

H. 3629 -- Reps. Miller, Anderson, Townsend, Agnew, Allen, Altman, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb- Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley,

Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR FRANK MORRISON SPILLANE, A GREAT SOUTH CAROLINIAN WHO HAS RECEIVED WORLD- WIDE ACCLAIM FOR HIS LITERARY CONTRIBUTIONS, ON THE OCCASION OF HIS EIGHTY-SEVENTH BIRTHDAY, AND RECOGNIZE MARCH 9, 2005, AS "MICKEY SPILLANE DAY".

CONCURRENT RESOLUTION The following was taken up for immediate consideration:

S. 527 -- Senator Lourie: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 2, 2005, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 2, 2005, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, Easter Seals South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the 54th annual “Buck-A-Cup” Campaign in South Carolina on Good Friday, March 25, 2005; and

Whereas, under the statewide leadership of Gene Rountree, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Lt. Robert McCullough, President of the South Carolina Law Enforcement Officers Association; and Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers’ Association; and Thomas L. Sponseller, Executive Director of the South Carolina Restaurant Association and David Miller, State President of the South Carolina Restaurant Association; this program is destined to raise thousands of dollars to aid our very deserving children and adults with disabilities and assist them in creating solutions for their challenges; and

Whereas, the “Buck-A-Cup” buttons go on sale Wednesday, March 2, 2005; and

Whereas, the “Buck-A-Cup” project and all other programs of Easter Seals South Carolina deserve the support, merit, and praise of all citizens of the State. Now, therefore,

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

That Wednesday, March 2, 2005 is designated “Creating Solutions for Disabilities Day” in South Carolina and that representatives of Easter Seals South Carolina, the South Carolina Law Enforcement Officers’ Association, and the South Carolina Restaurant Association, all representing Megan Johnson, daughter of Glen and Susan Johnson of Hartsville; Michelle Hutchinson, daughter of Bobbi Ingram of Central; Scott Carter, son of Francis Carter of Spartanburg; Maggie Gordon, daughter of Tiffany and Jamie Gordon of York; Terrell Davis, son of Wanda and Tyrone Davis of Hopkins; and Harriet Lowe, daughter of the late Rose M. Lowe of Little Mountain; who have been chosen to serve as the 2005 Easter Seals South Carolina State Representatives, be presented to the General Assembly in Joint Session of the General Assembly in the Hall of the House of Representatives at 11:30 a.m. on Wednesday, March 2, 2005.

Be it further resolved that the General Assembly extends to the Easter Seals South Carolina and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with special needs.

Be it further resolved that a copy of this resolution be forwarded to the President and Chief Executive Officer of Easter Seals South Carolina, for distribution to the State Chairmen of the various phases of the Easter Seals South Carolina’s campaign and the “Buck-A-Cup” project, as well as to the Easter Seals South Carolina Representatives themselves.

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

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

H. 3630 -- Reps. Whipper, Martin, J. H. Neal, Govan, Anderson, Bales, Barfield, Breeland, G. Brown, J. Brown, Clyburn, Davenport, Hardwick, M. Hines, Jefferson, Lee, Mack, Moody-Lawrence, Rutherford and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-25 SO AS TO REQUIRE A HOSPITAL TO GIVE PATIENTS BEING DISCHARGED FROM THE EMERGENCY ROOM, THE OPTION OF RECEIVING AT LEAST A TWENTY-FOUR HOUR SUPPLY OF ANY MEDICATIONS BEING PRESCRIBED. Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3631 -- Reps. Whipper, Moody-Lawrence, J. Hines, Martin, J. H. Neal, Anderson, Bales, Breeland, G. Brown, Clyburn, M. Hines, Jefferson, Lee, Mack, Rutherford and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 3, TITLE 16 SO AS TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF A CRIME CONTAINED IN THIS CHAPTER WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN A PERSON BECAUSE OF HIS RACE, RELIGION, COLOR, SEX, AGE, NATIONAL ORIGIN, OR SEXUAL ORIENTATION; AND TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO REVISE THE PENALTIES FOR MALICIOUS INJURY TO REAL PROPERTY OFFENSES, AND TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO MALICIOUSLY INJURE PERSONAL OR REAL PROPERTY OF ANOTHER PERSON WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN THAT PERSON. Referred to Committee on Judiciary

H. 3632 -- Reps. Sandifer, Huggins, Bingham and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-22-285 SO AS TO CREATE A SIX-YEAR STATUTE OF LIMITATIONS ON ACTIONS AGAINST REGISTERED SURVEYORS OR THEIR EMPLOYEES ENGAGED IN THE PRACTICE OF LAND SURVEYING AND PROVIDE WHEN THE STATUTE OF LIMITATIONS MAY NOT BE USED AS A DEFENSE; AND TO AMEND SECTION 15-3-670, RELATING TO WHEN CERTAIN STATUTES OF LIMITATIONS CONCERNING ACTIONS BASED ON DEFECTIVE OR UNSAFE CONDITIONS OF AN IMPROVEMENT TO REAL PROPERTY ARE NOT AVAILABLE AS A DEFENSE, SO AS TO MAKE THIS DEFENSE AVAILABLE IN CONNECTION WITH SURVEYING AND LAND SURVEYING AND TO PROVIDE EXCEPTIONS. Referred to Committee on Judiciary

H. 3633 -- Rep. Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58- 3-15 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2005, THE RATES, SERVICE AREAS, FACILITIES, FRANCHISES, TRANSACTIONS, POWERS, DUTIES, AND PROPERTY OF TELEPHONE AND TELEGRAPH UTILITIES SHALL NO LONGER BE REGULATED BY THE PUBLIC SERVICE COMMISSION; AND TO REPEAL CHAPTER 9 OF TITLE 58 RELATING TO TELEPHONE AND TELEGRAPH UTILITIES ON JULY 1, 2005. Referred to Committee on Labor, Commerce and Industry

H. 3634 -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A RADIO COMMON CARRIER TO CONSTRUCT OR OPERATE A RADIO COMMON CARRIER SYSTEM MUST FIRST OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE COMMISSION MAY REGULATE "COMMERCIAL MOBILE SERVICE" PROVIDERS. Referred to Committee on Labor, Commerce and Industry

H. 3635 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40- 68-15 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2005, THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF CONSUMER AFFAIRS, AND THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, IN REGARD TO THE REGULATION OF STAFF LEASING SERVICES ARE DEVOLVED UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE DIRECTOR OF THE DEPARTMENT, RESPECTIVELY; TO AMEND SECTION 40-68-10, RELATING TO DEFINITIONS IN REGARD TO STAFF LEASING SERVICES, AND SECTION 40-68- 110, RELATING TO DISCLOSURES AND REPORTS REQUIRED IN REGARD TO EMPLOYEES, SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS. Referred to Committee on Judiciary

H. 3636 -- Rep. Harrison: A BILL TO AMEND SECTION 28-2- 420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST ON FUNDS DEPOSITED WITH THE CLERK OF COURT BY A CONDEMNOR PURSUANT TO THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO CHANGE THE INTEREST RATE FROM EIGHT PERCENT TO INTEREST AT THE RATE PAID FOR SIX MONTH UNITED STATES TREASURY BILLS ON THE DAY THE NOTICE OF CONDEMNATION WAS FILED, TO PROVIDE THAT IT ACCRUE FROM THE DATE OF THE NOTICE FILING TO THE DATE OF ORDER OR JUDGMENT, AND TO PROVIDE THAT THIRTY DAYS AFTER THE ORDER OR JUDGMENT IS FILED, INTEREST ACCRUES AT THE RATE PROVIDED BY LAW FOR INTEREST ON JUDGMENTS; AND TO AMEND SECTION 28-2-480, RELATING TO A CONDEMNEE'S RIGHT TO DEPOSITED FUNDS UPON POSSESSION OF THE SUBJECT PROPERTY, SO AS TO PROVIDE FOR THE CLERK OF COURT TO PAY UP TO THE FULL AMOUNT UPON APPLICATION AND TO NOTIFY THE CONDEMNOR OF AMOUNTS PAID. Referred to Committee on Judiciary

H. 3638 -- Reps. Cotty, Edge, Clemmons, Barfield, Altman, Bales, Battle, Bingham, J. Brown, Ceips, Chellis, Clark, Cobb-Hunter, Cooper, Delleney, Govan, Hagood, Hardwick, Hayes, Huggins, Leach, Limehouse, Martin, Miller, J. H. Neal, Pinson, E. H. Pitts, M. A. Pitts, Rivers, Scarborough, Sinclair, Skelton, F. N. Smith, G. R. Smith, Toole, Townsend, Vick, Whipper, Whitmire and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT CLASS A FEDERALLY LICENSED DISTRIBUTORS AND CLASS B LIQUOR STORES MAY DELIVER ALCOHOLIC LIQUORS ONLY TO ESTABLISHMENTS LICENSED FOR ON- PREMISES CONSUMPTION AND TO PROVIDE AN EXCEPTION; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON OR HIS AGENT LICENSED UNDER ARTICLE 5, CHAPTER 6, TITLE 61 FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED BY THE CUSTOMER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY; BY ADDING 61-6-1638 SO AS TO REQUIRE ALL BILLS OR INVOICES FOR DELIVERIES OF ALCOHOLIC LIQUORS TO RETAIL ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS MUST CLEARLY STATE THE TRANSPORTATION CHARGE OR DELIVERY FEE; BY ADDING SECTION 61-6-1650 SO AS TO PROHIBIT A LICENSEE OR HIS AGENT FROM KNOWINGLY OR WILFULLY REFILLING OR REUSING A BOTTLE OF LAWFULLY PURCHASED ALCOHOLIC LIQUORS OR OTHERWISE TAMPER WITH THE CONTENTS OF THE BOTTLE; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENTS TAX ON EACH CONTAINER OF ALCOHOLIC LIQUOR SOLD IN MINIBOTTLES, SO AS TO IMPOSE INSTEAD AN EXCISE TAX ON THE GROSS PROCEEDS OF SALES OF ALCOHOLIC LIQUOR BY THE DRINK FOR ON-PREMISES CONSUMPTION

IN LICENSED ESTABLISHMENTS, TO REQUIRE THOSE ENTITIES THAT ARE ALLOCATED AND RECEIVE MINIBOTTLE TAX REVENUES IN 2004-05 MUST RECEIVE THE SAME AMOUNT OF REVENUES FROM THE COMBINATION OF MINIBOTTLE TAX REVENUES AND LIQUOR BY THE DRINK REVENUES, AND TO PROVIDE A PROCEDURE FOR REBATING TAXES TO ESTABLISHMENTS RETURNING UNUSED MINIBOTTLES; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" THAT INCLUDES MINIBOTTLES AND OTHER CONTAINERS REGARDLESS OF SIZE; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND 61-6-1300, RELATING TO RESTRICTIONS ON WHOLESALERS OF ALCOHOLIC LIQUORS, SO AS TO PROHIBIT A MANUFACTURER, DISTILLER, IMPORTER, OR WHOLESALER FROM OFFERING CERTAIN EQUIPMENT OR DISCOUNTS TO RETAILERS AND PROHIBIT RETAILERS FROM ACCEPTING THIS EQUIPMENT, AND PROVIDE THAT DISCOUNTS TO ALL CUSTOMERS MUST BE BASED ON THE TYPE OF PRODUCT AND APPEAR ON SALES RECORDS AND MUST BE UNIFORMLY OFFERED; TO AMEND SECTION 61-6-1500, AS AMENDED, RELATING TO THE PROHIBITION ON THE RETAIL DEALER OF MINIBOTTLES, SO AS TO DELETE THE REQUIREMENT TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, AS AMENDED, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS

OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2400, RELATING TO THE TAXABLE MINIBOTTLE, SO AS TO DELETE A REFERENCE TO "MINIBOTTLE" AND REPLACE IT WITH "LIQUOR SOLD BY THE DRINK"; AND TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE EXCISE TAX IMPOSED ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION. Referred to Committee on Ways and Means

H. 3640 -- Reps. White and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD-SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER AND TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED AT SUCH TEMPERATURE UPON REQUEST AND TO REQUIRE A FOOD SERVICE PROVIDER TO PROVIDE A WRITTEN OR VERBAL WARNING OF THE RISKS OF EATING SUCH GROUND BEEF. Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3641 -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17- 21-75 SO AS TO PROVIDE FOR A CHANGE OF VENUE WHEN A CRIMINAL OFFENSE IS COMMITTED WITHIN A CORRECTIONAL INSTITUTION TO THE COUNTY WHERE THE OFFENDER'S ORIGINAL OFFENSE FOR WHICH HE IS INCARCERATED OCCURRED. Referred to Committee on Judiciary

H. 3642 -- Reps. Lucas, Cobb-Hunter, Leach, Barfield, Cato, G. M. Smith, Chalk, Toole, Allen, Bales, Brady, Clemmons, Dantzler, Delleney, Hamilton, Harrell, Herbkersman, J. Hines, M. Hines, Hosey, Martin, McGee, J. H. Neal, J. M. Neal, Phillips, Rutherford, Sandifer, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. R. Smith, Taylor, Thompson and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT. Referred to Committee on Labor, Commerce and Industry

H. 3643 -- Rep. Tripp: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY, SO AS TO PROVIDE THAT AN EMPLOYER WHO MAY SELF-FUND WORKERS' COMPENSATION COVERAGE IS AUTHORIZED TO WRITE WORKERS' COMPENSATION COVERAGE DIRECTLY THROUGH A CAPTIVE INSURANCE COMPANY; AND TO AMEND SECTION 42-4-20, AS AMENDED, RELATING TO INSURANCE OR PROOF OF FINANCIAL ABILITY TO PAY, SO AS TO AUTHORIZE A CAPTIVE INSURANCE COMPANY, WHICH MAY PAY DIRECTLY COMPENSATION, THE ABILITY TO WRITE WORKERS' COMPENSATION INSURANCE. Referred to Committee on Labor, Commerce and Industry

H. 3646 -- Reps. Parks, J. H. Neal, Allen, Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M. A. Pitts and F. N. Smith: A BILL TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40- 33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING. Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3647 -- Reps. E. H. Pitts and Hinson: A BILL TO AMEND SECTION 53-1-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF AN EMPLOYEE OF A BUSINESS TO REFUSE TO WORK ON SUNDAY, SO AS TO FURTHER PROVIDE FOR PROTECTION OF THIS RIGHT TO REFUSE TO WORK ON SUNDAY BY REASON OF CONSCIENTIOUS OBJECTION TO SUNDAY WORK AND TO EXCLUDE A MANUFACTURING OR RESEARCH AND DEVELOPMENT OPERATION REQUIRING CONTINUOUS UNINTERRUPTED OPERATION; TO REPEAL THE REMAINING SECTIONS OF CHAPTER 1 OF TITLE 53, SECTIONS 53-1-6 THROUGH 53-1-160, POPULARLY KNOWN AS THE "SUNDAY BLUE LAWS", RELATING TO THE PROHIBITION AGAINST THE SALE OF CERTAIN ITEMS ON SUNDAY EXCEPT DURING SPECIFIED HOURS AND THE PROHIBITION AGAINST THE CONDUCT OF CERTAIN WORK OR EVENTS OR THE OPERATION OF SPECIFIC BUSINESSES OR MANUFACTURING ESTABLISHMENTS ON SUNDAY; AND TO PROVIDE THAT THIS ACT DOES NOT AFFECT PROVISIONS OF LAW PROHIBITING OR OTHERWISE REGULATING THE SALE OF ALCOHOLIC LIQUORS, BEER, OR WINE ON SUNDAY. Referred to Committee on Judiciary

H. 3648 -- Reps. Haskins, Vaughn and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-75 SO AS TO ENACT MARANDA'S LAW TO REQUIRE A COURT TO MAKE WRITTEN FINDINGS OF FACT CONCERNING, AMONG OTHER THINGS, THE NATURE AND EXTENT OF DOMESTIC VIOLENCE COMMITTED BY A PERSON BEFORE RELEASING THE PERSON ON BOND OR SUSPENDING THE IMPOSITION OR EXECUTION OF A SENTENCE. Referred to Committee on Judiciary

H. 3649 -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14- 1-240 SO AS TO REQUIRE MAGISTRATES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING EDUCATION ANNUALLY ON DOMESTIC VIOLENCE; TO AMEND SECTION 20-3-10, RELATING TO GROUNDS FOR DIVORCE, SO AS TO FURTHER SPECIFY THAT PHYSICAL CRUELTY INCLUDES PHYSICAL VIOLENCE AND CONDUCT THAT ENDANGERS ONE'S PHYSICAL OR PSYCHOLOGICAL WELL-BEING; TO AMEND SECTION 22-5- 530, AS AMENDED, RELATING TO ALLOWING DEFENDANTS IN CERTAIN CASES TO DEPOSIT A SUM OF MONEY WITH THE MAGISTRATE OR MUNICIPAL COURT IN LIEU OF POSTING A RECOGNIZANCE BOND, SO AS TO REQUIRE INDIVIDUALIZED HEARINGS IN CASES WHERE THE ACCUSED MAY POSE A THREAT TO THE PUBLIC OR TO AN INDIVIDUAL VICTIM; TO ADD SECTION 16-25-75 SO AS TO REQUIRE THE COURT TO MAKE SPECIFIC FINDINGS OF FACT REGARDING THE NATURE AND EXTENT OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE BEFORE RELEASING THE DEFENDANT ON BOND OR SUSPENDING THE SENTENCE; TO ADD SECTION 16-25-67 SO AS TO PROVIDE THAT A CRIMINAL DOMESTIC VIOLENCE CHARGE MAY NOT BE DROPPED AGAINST A PERSON IF THE VICTIM OR VICTIM'S ATTORNEY IS NOT PRESENT AT THE HEARING; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT IF A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS FILED AND A PETITION FOR AN ORDER OF PROTECTION IS FILED, THE ORDER FOR PROTECTION MUST BE INDEPENDENTLY PROCESSED, TO PROHIBIT ISSUANCE OF MUTUAL RESTRAINING ORDERS, TO AUTHORIZE SPECIAL NO FAULT PROTECTION ORDERS AGAINST VICTIMS, AND TO REQUIRE THE ORDER TO INFORM THE RESPONDENT OF THE RIGHT TO REQUEST A HEARING IF THE ORDER IS AUTOMATICALLY EXTENDED BY THE FILING OF AN AFFIDAVIT; TO ADD SECTION 23-1-240 SO AS TO REQUIRE A LAW ENFORCEMENT OFFICER EMPLOYED BY THE STATE OR A SUBDIVISION OF THE STATE WHO IS CONVICTED OF CRIMINAL DOMESTIC VIOLENCE TO BE TERMINATED FROM

SUCH EMPLOYMENT; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS PROHIBITED FROM PARTICIPATING IN PRETRIAL INTERVENTION, SO AS TO INCLUDE A PERSON CHARGED WITH CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO PROHIBIT A PERSON CHARGED WITH SUCH AN OFFENSE FROM PLEADING TO ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE UNLESS AUTHORIZED BY THE COURT; TO AMEND SECTIONS 22-5-910, AS AMENDED, 22-5-920, AND 20-7-8525, ALL RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROHIBIT EXPUNGEMENT OF SUCH RECORDS FOR CRIMINAL DOMESTIC VIOLENCE OFFENDERS CONVICTED IN MAGISTRATE'S COURT OR MUNICIPAL COURT, FOR SUCH OFFENSES COMMITTED BY YOUTHFUL OFFENDERS, AND FOR SUCH OFFENSES COMMITTED BY JUVENILES; TO AMEND SECTION 56-7-15, RELATING TO EFFECTING AN ARREST FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE LAW ENFORCEMENT TO FILE AN INCIDENT REPORT AND TO PROHIBIT THE USE OF UNIFORM TRAFFIC TICKETS TO EFFECT SUCH AN ARREST; TO AMEND SECTION 20-4-60, RELATING TO MUTUAL ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROHIBIT ISSUANCE OF SUCH ORDERS, TO PROVIDE THAT AN ORDER OF PROTECTION MAY NOT BE ISSUED AGAINST A PERSON NOT CHARGED WITH DOMESTIC VIOLENCE, AND TO SPECIFY CIRCUMSTANCES FOR ISSUING A RESTRAINING ORDER TO PROTECT A VICTIM FROM FURTHER ABUSE; TO AMEND SECTION 20-4-70, AS AMENDED, RELATING TO THE TERMS AND CONDITIONS OF ORDERS OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE FOR AN AUTOMATIC SIX MONTH EXTENSION UPON THE FILING OF AN AFFIDAVIT SEEKING AN EXTENSION AND TO PROVIDE NOTICE AND AN OPPORTUNITY FOR A HEARING; TO AMEND SECTION 20-4-40, RELATING TO CONDITIONS AND PROCEDURES FOR ISSUING ORDERS OF PROTECTION, SO AS TO PROVIDE THAT A HEARING MAY BE REQUESTED IF SUCH AN ORDER IS EXTENDED BY THE FILING OF AN AFFIDAVIT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO PENALTIES FOR CRIMINAL DOMESTIC

VIOLENCE OFFENSES, SO AS TO REVISE FINES AND TERMS OF IMPRISONMENT, TO REQUIRE A MANDATORY MINIMUM THIRTY-DAY SENTENCE FOR SECOND OFFENSES, WHICH MAY BE SERVED ON WEEKENDS OR AT NIGHT, TO INCREASE FROM NINETY DAYS TO ONE HUNDRED TWENTY DAYS THE MINIMUM SENTENCE FOR A THIRD OFFENSE, TO PROHIBIT A PERSON CHARGED WITH CRIMINAL DOMESTIC VIOLENCE FROM PLEADING GUILTY TO SIMPLE ASSAULT UNLESS AUTHORIZED BY THE COURT, AND TO PROVIDE THAT VIOLATIONS OF CERTAIN CITY AND COUNTY DOMESTIC VIOLENCE ORDINANCES ARE CONSIDERED VIOLATIONS OF SECTION 16-25-20; TO AMEND SECTION 16- 25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ESTABLISH A MINIMUM ONE YEAR SENTENCE, TO PROHIBIT A PERSON CHARGED WITH SUCH AN OFFENSE FROM PLEADING GUILTY TO ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE UNLESS AUTHORIZED BY THE COURT, AND TO PROVIDE THAT VIOLATIONS OF CERTAIN CITY AND COUNTY DOMESTIC VIOLENCE ORDINANCES ARE CONSIDERED VIOLATIONS OF SECTION 16-25-65; TO ADD SECTION 16-25-95 SO AS TO ESTABLISH A FELONY FOR POSSESSION OF A FIREARM BY A PERSON WHO HAS BEEN CONVICTED OF CRIMINAL DOMESTIC VIOLENCE; AND TO ADD SECTION 20-4-63, SO AS TO PROVIDE THAT A PERSON FILING A PETITION SEEKING AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY THE FILING FEE REQUIRED IN CIVIL ACTIONS. Referred to Committee on Judiciary S. 46 -- Senator Thomas: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS, A REAL ESTATE LICENSEE WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE. Referred to Committee on Labor, Commerce and Industry

H. 3637 -- Reps. Ceips, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION COMMENDING BRICK BAPTIST CHURCH FOR ITS LONG TRADITION OF CONTRIBUTIONS TO THE QUALITY OF LIFE ON ST. HELENA ISLAND AND THE STATE OF SOUTH CAROLINA ON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY CELEBRATION.

CONCURRENT RESOLUTION The following was introduced:

H. 3639 -- Reps. Govan, Cobb-Hunter, Ott, Rhoad, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard,

Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF CHESTER A. RAY, SR. WHOSE PROFESSIONAL LEGACY TO ORANGEBURG COUNTY AND THIS STATE IS A STRONG AND ACCOUNTABLE PUBLIC SCHOOL SYSTEM.

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

H. 3644 -- Reps. J. R. Smith, Clark, Stewart, Clyburn, Perry, D. C. Smith and G. R. Smith: A HOUSE RESOLUTION RECOGNIZING WITH GRATITUDE STEPHEN FELKER, CEO AND CHAIRMAN OF THE BOARD OF AVONDALE MILLS IN AIKEN COUNTY, ON HIS TIRELESS AND COMPASSIONATE EFFORTS TO RESTORE THE PLANT'S OPERATION IN THE

WAKE OF THE CATASTROPHIC TRAIN COLLISION JANUARY 9, 2005, AND TO RECLAIM THE FUTURE OF GRANITEVILLE.

H. 3645 -- Reps. McLeod and Bowers: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR SAM SIEGEL, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED CITIZENS, UPON HIS ARRIVING AT THE AGE OF FOUR SCORE AND TEN YEARS, AND FOR HIS OUTSTANDING CONTRIBUTIONS AND ACHIEVEMENTS, AND HIS DEDICATED AND DISTINGUISHED LEADERSHIP SERVICE TO THE CITY OF WALTERBORO, THE COUNTY OF COLLETON, THE STATE OF SOUTH CAROLINA, AND THE UNITED STATES OF AMERICA.

Whereas, Sam Siegel of Walterboro, one of South Carolina’s most distinguished citizens, is celebrating his ninetieth birthday on February 27, 2005, having rendered dedicated and distinguished service as a family man, decorated war veteran, business leader, community builder, and humanitarian; and

Whereas, Sam Siegel was born February 27, 1915, in Anderson, South Carolina, the son of Max Siegel and Bessie Silverman Siegel; and

Whereas, in 1933, he graduated from Anderson High School and thereafter from the University of Georgia, and began his business career in Anderson operating several businesses, including the Siegel Bern Mule Trading Company; and

Whereas, in 1940, Sam Siegel met the beautiful Leona Novit, a Converse College student from Walterboro, South Carolina, who he married the following year; and

Whereas, in 1942, Sam and Leona Siegel relocated to Walterboro where he entered into business with his father-in-law, Albert J. Novit, a prominent businessman and leader; they owned and operated numerous enterprises, including Novit-Siegel Department Store, Inc., Novit’s

Fashion Shop, Inc., The Lady Lafayette Hotel and Cottages, The Lafayette Grill in Walterboro; Brunswick, Georgia; and Daytona Beach, Florida, and Novit-Siegel Real Estate Company, Inc.; and

Whereas, in 1943, during World War II, Sam Siegel entered military service at twenty-eight years of age. He served in the European Theatre and was seriously wounded during the Battle of the Bulge in Belgium. This combat action resulted in the loss of a leg, and after thirteen months of hospitalization, he was honorably discharged in 1946 and returned home to his family in Walterboro; and

Whereas, Sam Siegel became deeply involved in the affairs of the City of Walterboro, the County of Colleton, and the State of South Carolina, serving in various leadership positions: president for sixteen years and member for fifty-seven years of the Colleton County Board of Vocation and Rehabilitation Services; member, South Carolina Board of Vocational Rehabilitation; founder and president, Walterboro Downtown Development Corporation; founder and president, Walterboro Board of Realtors; president, Walterboro B’nai Brith; board member, South Carolina B’nai Brith; and member, Walterboro-Colleton Chamber of Commerce; Shriners; Masons; Elks; Lions; and

Whereas, over a lifetime, Sam Siegel has been a benefactor and mentor to countless young people offering them his unique brand of optimistic enthusiasm; and

Whereas, Sam Siegel was a devoted husband for sixty-one years to his beloved wife, Leona, who passed away on June 18, 2003; and

Whereas, Sam Siegel is the patriarch of his family, comprised of his four children and their spouses: Gale and Gerald Messerman; Nancy and Gary Cofield; Paul and Jayne Siegel; and Penny and Morris Blachman, as well as eleven grandchildren and nine great-grandchildren; and

Whereas, Sam Siegel has shown extraordinary devotion to his family in that for a period of forty years, he wrote a letter to each of his children on every day that they lived away from home; and

Whereas, Sam Siegel, an outstanding citizen and businessman, has meant much to his city, his county, his State, and his nation; and the members of the South Carolina House of Representatives are delighted to have the opportunity to recognize him on his ninetieth birthday, celebrated with a reception in his honor on Saturday, March 5, 2005, at Dogwood Hills Country Club in Walterboro. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, congratulates and honors Sam Siegel, one of South Carolina’s most distinguished citizens, upon his arriving at the age of four score and ten years, and for his outstanding contributions and achievements, and his dedicated and distinguished leadership service to the City of Walterboro, the County of Colleton, the State of South Carolina, and the United States of America.

Be it further resolved that a copy of this resolution be forwarded to Mr. Sam Siegel.

ROLL CALL The roll call of the House of Representatives was taken resulting as follows: Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman

J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Vaughn Vick Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young

STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, February 24. Thad Viers Todd Rutherford

Total Present--121

LEAVE OF ABSENCE The SPEAKER granted Rep. UMPHLETT a leave of absence due to family medical reasons.

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

DOCTOR OF THE DAY Announcement was made that Dr. Boyce G. Tollison of Easley is the Doctor of the Day for the General Assembly. SPECIAL PRESENTATION Rep. PERRY and the Aiken Delegation presented to the House the USC Aiken "Pacers" Golf Team, the 2004 NCAA Division II Champions, their coach, Michael Carlisle, the 2004 NCAA Division II Coach of the Year, and other school officials. SPECIAL PRESENTATION Rep. D. C. SMITH and the Aiken Delegation presented to the House James Alexander Hamilton III for winning the 2004 South Carolina Amateur Golf Championship. SPECIAL PRESENTATION Rep. HIOTT presented to the House the Pickens High School Varsity Girls Volleyball Team, the Class AAA champions, their coach 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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. 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. 3110 Date: ADD: 02/24/05 LITTLEJOHN

CO-SPONSOR ADDED Bill Number: H. 3110 Date: ADD: 02/24/05 PARKS

CO-SPONSOR ADDED Bill Number: H. 3110 Date: ADD: 02/24/05 RIVERS

CO-SPONSOR ADDED Bill Number: H. 3110 Date: ADD: 02/24/05 CHELLIS

CO-SPONSOR ADDED Bill Number: H. 3133 Date: ADD: 02/24/05 VICK

CO-SPONSOR ADDED Bill Number: H. 3133 Date: ADD: 02/24/05 LITTLEJOHN

CO-SPONSOR ADDED Bill Number: H. 3143 Date: ADD: 02/24/05 HASKINS

CO-SPONSOR ADDED Bill Number: H. 3133 Date: ADD: 02/24/05 COATES

CO-SPONSOR ADDED Bill Number: H. 3170 Date: ADD: 02/24/05 MAHAFFEY

CO-SPONSOR ADDED Bill Number: H. 3072 Date: ADD: 02/24/05 SCARBOROUGH

CO-SPONSOR ADDED Bill Number: H. 3170 Date: ADD: 02/24/05 WILKINS

CO-SPONSOR ADDED Bill Number: H. 3223 Date: ADD: 02/24/05 HASKINS

CO-SPONSOR ADDED Bill Number: H. 3225 Date: ADD: 02/24/05 LOFTIS

CO-SPONSOR ADDED Bill Number: H. 3488 Date: ADD: 02/24/05 BATTLE

CO-SPONSOR ADDED Bill Number: H. 3367 Date: ADD: 02/24/05 LUCAS

CO-SPONSOR ADDED Bill Number: H. 3378 Date: ADD: 02/24/05 VIERS

CO-SPONSOR ADDED Bill Number: H. 3378 Date: ADD: 02/24/05 MCLEOD

CO-SPONSOR ADDED Bill Number: H. 3378 Date: ADD: 02/24/05 J. E. SMITH

CO-SPONSOR ADDED Bill Number: H. 3378 Date: ADD: 02/24/05 DELLENEY

CO-SPONSOR ADDED Bill Number: H. 3380 Date: ADD: 02/24/05 DELLENEY

CO-SPONSOR ADDED Bill Number: H. 3380 Date: ADD: 02/24/05 MCLEOD

CO-SPONSOR ADDED Bill Number: H. 3380 Date: ADD: 02/24/05 J. E. SMITH

CO-SPONSOR ADDED Bill Number: H. 3380 Date: ADD: 02/24/05 VIERS

CO-SPONSOR ADDED Bill Number: H. 3380 Date: ADD: 02/24/05 GOVAN

CO-SPONSOR ADDED Bill Number: H. 3381 Date: ADD: 02/24/05 WALKER

CO-SPONSOR ADDED Bill Number: H. 3525 Date: ADD: 02/24/05 SANDIFER

CO-SPONSOR ADDED Bill Number: H. 3525 Date: ADD: 02/24/05 G. BROWN

CO-SPONSOR ADDED Bill Number: H. 3536 Date: ADD: 02/24/05 M. A. PITTS

CO-SPONSOR ADDED Bill Number: H. 3623 Date: ADD: 02/24/05 BALLENTINE

CO-SPONSOR REMOVED Bill Number: H. 3381 Date: REMOVE: 02/24/05 BARFIELD

H. 3380--ORDERED TO THIRD READING The following Joint Resolution was taken up:

H. 3380 -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Bailey, Ballentine, Bingham, Brady, Ceips, Clemmons, Coates, Hagood, Haskins, Leach, Limehouse, Loftis, Mahaffey, E. H. Pitts, Rice, Rutherford, Skelton, D. C. Smith, G. R. Smith, Taylor, Toole, Tripp, Umphlett, Vaughn, Whitmire, Delleney, Littlejohn, McLeod, J. E. Smith, Viers and Govan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE

OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 9, Article III of the Constitution of this State be amended to read:

“Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly shall convene at the State Capitol in the City of Columbia on the second Tuesday of January in even - numbered years and on the second Tuesday in February in odd - numbered years. The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of their respective members for not more than three days following the general election in even - numbered years for the purpose of organizing and elections. Officers of the General Assembly, including the Speaker of the House and the President Pro Tempore of the Senate, and committee chairmen must be elected or selected as required by rules of the Senate and House of Representatives during the organizational session. During odd - numbered years, the presiding

170 THURSDAY, FEBRUARY 24, 2005 officers of the House and Senate shall convene on the second Tuesday in January for not more than two days for the limited purpose of accepting any bills or resolutions introduced by any member and referring any bills or resolutions to the appropriate committee which may then consider them at such times as the committee meets. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor, by proclamation, may appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session.”

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

“Must Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years and for an organizational session for the Senate in certain years, delete obsolete language, provide for election of officers of the General Assembly, provide for certain meetings for the introduction and referral to committee of legislation, and provide for certain committee meetings?

Yes 

No 

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word ‘Yes’, and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word ‘No’.”

Rep. DELLENEY explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows: Yeas 103; Nays 2

Those who voted in the affirmative are: Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Branham G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Edge Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Huggins Jefferson Jennings Kirsh Leach Lee Limehouse Loftis Lucas Mack Mahaffey McCraw McGee Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Parks Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Vaughn Vick Viers Weeks Whipper White Whitmire Wilkins Witherspoon Young

Total--103

Those who voted in the negative are: Bowers Rutherford

Total--2

So, the Joint Resolution having received the necessary two-thirds vote, was passed and ordered to third reading.

RECORD FOR VOTING I was temporarily out of the House Chamber when the vote on H. 3380 was taken. Had I been present, I would have voted in favor of H. 3380. I am a co-sponsor of H. 3380. Rep. Walton J. McLeod

H. 3380--ORDERED TO BE READ THIRD TIME TOMORROW On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3380 be read the third time tomorrow.

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

H. 3378 -- Reps. Wilkins, W. D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend, Witherspoon, Bailey, Ballentine, Bingham, Brady, Ceips, Clemmons, Coates, Hagood, Haskins, Herbkersman, Leach, Limehouse, Loftis, Mahaffey, E. H. Pitts, Rice, Sandifer, Skelton, D. C. Smith, G. R. Smith, Taylor, Toole, Tripp, Umphlett, Vaughn, Whitmire, Viers, McLeod, J. E. Smith, Delleney and Littlejohn: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN

MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

Rep. DELLENEY explained the Bill.

H. 3378--ORDERED TO BE READ THIRD TIME TOMORROW On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 3378 be read the third time tomorrow.

H. 3133--POINT OF ORDER The following Joint Resolution was taken up:

H. 3133 -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E. H. Pitts, Rice, Clark, Walker, Toole, Viers, M. A. Pitts, Vick, Littlejohn and Coates: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE IS EXCLUSIVELY DEFINED AS THE UNION BETWEEN ONE MAN AND ONE WOMAN.

Rep. DELLENEY explained the Joint Resolution.

POINT OF ORDER Rep. MILLER 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.

H. 3155--POINT OF ORDER The following Bill was taken up:

H. 3155 -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE

DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD PROBLEM-SOLVING SKILLS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE TRAITS WHICH MUST BE INCORPORATED INTO SCHOOL BOARD POLICIES ADDRESSING CHARACTER EDUCATION; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.

POINT OF ORDER Rep. HAYES 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. 1--POINT OF ORDER The following Bill was taken up:

S. 1 -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. V. Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION

MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.

POINT OF ORDER Rep. COBB-HUNTER 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.

H. 3607--POINT OF ORDER The following Joint Resolution was taken up:

H. 3607 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND explained the Joint Resolution.

POINT OF ORDER Rep. VIERS 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.

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

H. 3355 -- Reps. Duncan, Witherspoon, Frye, M. A. Pitts, G. R. Smith, McLeod, Ott, Walker, Vick, Whipper and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; TO PROVIDE FOR ASSESSMENTS ON MILK PRODUCED IN THIS STATE TO PAY THE EXPENSES OF THE BOARD; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER; AND TO REPEAL THE PROVISIONS OF THIS CHAPTER ON JULY 1, 2012.

H. 3320 -- Reps. Wilkins, W. D. Smith, Harrison, Townsend, Harrell, Cato, Witherspoon, J. Brown, Chellis, Viers, Merrill, E. H. Pitts, Agnew, Ballentine, Bingham, Cooper, Haley, Hinson, Owens, Rice, Toole, Umphlett, White, Ceips, McLeod, Hagood and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-605 SO AS TO

PROVIDE THAT NO STATE ROAD, HIGHWAY, INTERSTATE HIGHWAY, BRIDGE, INTERCHANGE, OR INTERSECTION MAY BE NAMED FOR A PERSON WHO IS LIVING.

H. 3367--ADOPTED AND SENT TO SENATE The following Concurrent Resolution was taken up:

H. 3367 -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD ON HIGHWAY 13-243 AS THE "BUCHANAN BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "BUCHANAN BRIDGE".

Whereas, the road in the Town of Chesterfield leading to the bridge over Thompson Creek, Highway 13-243, is North Craig Street/Buchanan Bridge Road and accordingly, this bridge has been historically known as the “Buchanan Bridge”; and

Whereas, this street and hence the “Buchanan Bridge” was named for a prominent local family that has made innumerable contributions to the Town of Chesterfield, including the wonderful care given to the people of Chesterfield by Dr.’s William and Jerry Perry who are distinguished members of this family and who have faithfully served this community for many years. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation to name the bridge over Thompson Creek in the Town of Chesterfield on Highway 13-243 as the “Buchanan Bridge” and to erect appropriate markers or signs at the bridge containing the words “Buchanan Bridge”.

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

The Concurrent Resolution was adopted and sent to the Senate.

H. 3368 -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY NUMBER 9 BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE SIGNS AT THE BRIDGE CONTAINING THE WORDS "HOOVER FAY BELL BRIDGE".

Whereas, the Honorable Hoover Fay Bell of Chesterfield County has a long and distinguished career in public service in South Carolina; and

Whereas, Mr. Bell served with distinction as mayor of Chesterfield from 1955-1957 and subsequently was elected to the South Carolina House of Representatives where with commitment and dedication ably represented the people of Chesterfield County from 1961-1972; and

Whereas, during his tenure in the General Assembly he was greatly respected and admired by his colleagues and ascended into leadership roles, among them, serving as Chairman of the House Judiciary Committee; and

Whereas, throughout Mr. Bell’s outstanding career as a lawyer, he served as the attorney for Chesterfield County for many years and as the Chesterfield town attorney from 1957-1994; and

Whereas, not only has Mr. Bell served his community professionally and in public office, but he also has been an active and dedicated leader in many other community endeavors including, among many others, his service with the Civitan Club, Service Club, and the American Legion and he has served in numerous capacities at the Chesterfield Presbyterian Church, where he is a devoted, faithful member; and

Whereas, in that the Honorable Hoover Fay Bell, has been an outstanding lawyer, statesman, and community leader and was extensively involved in the efforts to have South Carolina Highway Number 9 widened through Chesterfield, the General Assembly is

179 THURSDAY, FEBRUARY 24, 2005 honored to request naming the Highway Number 9 bridge over Thompson Creek the “Hoover Fay Bell Bridge”. Now, therefore,

That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation to name the South Carolina Highway Number 9 Bridge over Thompson Creek in the Town of Chesterfield the “Hoover Fay Bell Bridge” and to erect appropriate signs at the bridge containing the words “Hoover Fay Bell Bridge”.

H. 3369 -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY NUMBER 145 FROM THE NORTH CAROLINA STATELINE THROUGH THE TOWN OF CHESTERFIELD TO THE END OF HIGHWAY NUMBER 145 AT U. S. HIGHWAY NUMBER 1 THE "CAROLINA SANDHILLS PARKWAY" AND TO ERECT APPROPRIATE SIGNS CONTAINING THE WORDS "CAROLINA SANDHILLS PARKWAY".

That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation to name South Carolina Highway Number 145 from the North Carolina Stateline through the Town of Chesterfield to the end of Highway Number 145 at U. S. Highway Number 1 the “Carolina Sandhills Parkway” and to

180 THURSDAY, FEBRUARY 24, 2005 erect appropriate signs containing the words “Carolina Sandhills Parkway”.

H. 3545 -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES CLOUDS CREEK ALONG HIGHWAY S41-25, SPANN ROAD, IN SALUDA COUNTY "HARE'S MILL POND BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HARE'S MILL POND BRIDGE".

That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the bridge that crosses Clouds Creek along Highway S41-25, Spann Road, in Saluda County “Hare’s Mill Pond Bridge”, and to erect appropriate markers or signs at this bridge that contain the words “Hare’s Mill Pond Bridge”.

S. 195--RECOMMITTED The following Concurrent Resolution was taken up:

S. 195 -- Senator Verdin: A CONCURRENT RESOLUTION EXPRESSING THE DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT ALL FUTURE EDITIONS OF THE LEGISLATIVE

MANUAL CONTAIN THE NAMES OF EACH SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND CONTACT INFORMATION.

Rep. LEACH moved to recommit the Concurrent Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.

S. 269--ADOPTED AND SENT TO SENATE The following Concurrent Resolution was taken up:

S. 269 -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNOR BY PROCLAMATION TO CONFIRM THE RANK OF BRIGADIER GENERAL JAMES WILLIAMS BESTOWED UPON HIM BY ACT OF THE SOUTH CAROLINA PROVINCIAL CONGRESS DURING THE AMERICAN REVOLUTION AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE LITTLE RIVER BRIDGE ON SOUTH CAROLINA HIGHWAY 560 IN LAURENS COUNTY AS THE "JAMES WILLIAMS MEMORIAL BRIDGE" TO HONOR THIS REVOLUTIONARY WAR HERO.

Whereas, there is not and has not been a South Carolina state monument to Laurens County’s Brigadier General James Williams; and

Whereas, his family cemetery and his plantation known as “Mount Pleasant” are located at the southwest corner of the Little River Bridge on South Carolina Highway 560 in Laurens County. This sizeable parcel was also his home and the site of two Revolutionary battles, the Battles of Fort Williams and Mud Lick Creek; and

Whereas, General Williams was a Revolutionary War hero who gave his life to ensure the liberty and freedom of the United States of America. He led the victorious forces from North Carolina, South Carolina, and Georgia at the battle of Musgrove’s Mill; and

Whereas, he was promoted by act of the South Carolina Provincial Congress, which was signed by Governor Rutledge and South Carolina Chief Justice Drayton, to the rank of Brigadier General but died of battle wounds just hours before the orders and commission arrived.

Some observers maintain that the promotion was not official because he never received it; and

Whereas, during the course of the American Revolution, he gave to South Carolina: (1) the equipment and supplies for a regiment of the Little River Mounted Rifles Regiment, which he also commanded until his heroic death; and (2) two month’s pay for his regiment, food supplies, generous amounts of shot and powder, plus one hundred fifty gallons of whiskey for the foragers to use to pay for hams, chickens, and fodder from local farmers; and (3) his life, having been mortally wounded leading the local men up the seemingly impossible sides of King’s Mountain, in the movement that ultimately won the battle for both Carolinas and indeed for all thirteen of the original colonies; and

Whereas, after his death, local Tories, before departing for the Caribbean, also killed his two older sons, ages fourteen and seventeen, and burned his plantation house, leaving his wife and small children to live in the barns and cribs of the farmyard; and

Whereas, this brave and courageous hero of the American Revolution deserves to be honored by his beloved South Carolina in order to recognize and remember his contributions to and sacrifices for his State and country. Now, therefore,

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

That the members of the General Assembly, by this resolution, request the Governor by proclamation to confirm the rank of Brigadier General James Williams bestowed upon him by act of the South Carolina Provincial Congress during the American Revolution.

Be it further resolved that the members of the General Assembly further request the Department of Transportation to name the Little River Bridge on South Carolina Highway 560 in Laurens County as the “James Williams Memorial Bridge” in his honor and bestow appropriate markers to reflect this name.

Be it further resolved that the Department of Transportation is requested to plan and conduct an appropriate ceremony to celebrate the naming of this bridge for Brigadier General Williams and to coordinate the ceremony with members of the Henry Laurens Chapter of the Daughters of the American Revolution, the Clinton High School JROTC, and local clergy and civic leaders.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and Governor Mark Sanford.

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

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

H. 3650 -- Reps. W. D. Smith and Hagood: A BILL TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES. Referred to Committee on Judiciary

H. 3651 -- Reps. Simrill, Kirsh, Moody-Lawrence and Norman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-1-35 SO AS TO REQUIRE THAT IDENTIFYING FINANCIAL INFORMATION BE DELETED FROM PUBLIC RECORDS THAT ARE ACCESSED ELECTRONICALLY AFTER JULY 1, 2005. Referred to Committee on Judiciary

H. 3652 -- Reps. W. D. Smith, Vaughn, Merrill, Loftis, Tripp, Scarborough, Hinson, Young, Ceips, J. R. Smith, Viers, Leach, Harrison, Chellis, Edge, Herbkersman, Clemmons, Davenport, Delleney, Hagood, Limehouse, McGee, Altman, Chalk, Haskins, Hamilton, Cato, Duncan, Barfield, Owens, Stewart, Rice and Witherspoon: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 18 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER. Referred to Committee on Ways and Means

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

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

H. 3597 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 2, 2005.

H. 3606 -- Rep. Hiott: A CONCURRENT RESOLUTION TO CONGRATULATE THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM ON WINNING THE CLASS AAA VOLLEYBALL STATE CHAMPIONSHIP, COMMEND THE PLAYERS, COACHES, AND STAFF OF THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM FOR A SEASON OF SPIRITED COMPETITION AND TREMENDOUS SUCCESS, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

H. 3610 -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JARRETT DONALD NAGEL, OF CHERAW, FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

H. 3611 -- Reps. Vick and Jennings: A CONCURRENT RESOLUTION TO WELCOME HOME THE MEN AND WOMEN OF BRAVO BATTERY 3RD BATTALION, DETACHMENT, 178TH FIELD ARTILLERY OF CHERAW, SOUTH CAROLINA FROM THEIR TOUR OF DUTY IN IRAQ AND TO EXPRESS THE DEEPEST RESPECT AND ADMIRATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THESE SOLDIERS FOR THEIR COURAGE, BRAVERY, AND THE MANY SACRIFICES THEY HAVE MADE IN THEIR SERVICE TO OUR NATION AND THE PEOPLE OF IRAQ.

H. 3612 -- Reps. Vick and Jennings: A CONCURRENT RESOLUTION TO WELCOME HOME THE MEN AND WOMEN OF BRAVO BATTERY 3RD BATTALION, 178TH FIELD ARTILLERY OF BENNETTSVILLE, SOUTH CAROLINA FROM THEIR TOUR OF DUTY IN IRAQ AND TO EXPRESS THE DEEPEST RESPECT AND ADMIRATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THESE SOLDIERS FOR THEIR COURAGE, BRAVERY, AND THE MANY SACRIFICES THEY HAVE MADE IN THEIR SERVICE TO OUR NATION AND THE PEOPLE OF IRAQ.

H. 3618 -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts,

M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR REVEREND WILLIE WILSON III, PASTOR OF OAKEY SPRING MISSIONARY BAPTIST CHURCH, FOR HIS SERVICE AND COMMITMENT TO HIS CONGREGATION AND COMMUNITY FOR THE PAST SEVENTEEN YEARS.

H. 3619 -- Rep. Vick: A CONCURRENT RESOLUTION TO CONGRATULATE JOSHUA "JOSH" KYLE EVANS, OF CHERAW, SOUTH CAROLINA, FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

ADJOURNMENT At 11:20 a.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Mike McCarter of Clover, to meet at 10:00 a.m. tomorrow. ***