South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives

Thursday, April 14, 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 Proverbs 30:5: "Every word of God is flawless; he is a shield to those who take refuge in him."
Let us pray. Dear Creator of the earth and all it's glories and complexities, continue to love and care for us as we go about the work of this State. Sustain us in times of stress and disunity. Shield us from vile words or harmful acts. Show us that those who work together for the good of all people can accomplish much. Look in kindness upon our Nation, President, State and leaders. Hold our defenders of freedom in Your safe arms. O Lord, hear our prayer. 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. ALTMAN moved that when the House adjourns, it adjourn in memory of J. Louis Lepesis of Charleston, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 3039 (Word version) -- Reps. Sinclair and Whipper: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.
Ordered for consideration tomorrow.

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

H. 3243 (Word version) -- Rep. Talley: A BILL TO ENACT THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2005" INCLUDING PROVISIONS TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE DISTRIBUTION OR PURCHASE FOR A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE OR IS NOT BELIEVED TO BE OVER TWENTY-SEVEN YEARS OF AGE, TO PROVIDE THAT A RETAIL DISTRIBUTOR OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS CONTAINED IN THIS SECTION, TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR PRESENT OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN TO POSSESS A TOBACCO PRODUCT, TO PROVIDE THE CONDITIONS IN WHICH TOBACCO PRODUCTS MAY BE DISTRIBUTED IN VENDING MACHINES, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, AND TO DEFINE THE TERM "PERSON"; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND THE IMPLEMENTATION OF PROVISIONS THAT REGULATE THE SALE AND USE OF TOBACCO PRODUCTS BY LOCAL GOVERNMENTS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO PROVISIONS REGULATING SUPPLYING TOBACCO PRODUCTS TO MINORS; AND TO REVISE THE DEFINITION OF THE TERM "PROOF OF AGE".
Ordered for consideration tomorrow.

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

H. 3141 (Word version) -- Reps. Scarborough, Duncan, M. A. Pitts, Umphlett and R. Brown: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, 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 NOTIFY ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, 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 TO PROVIDE EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF ITS REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE GENERAL ASSEMBLY REPEALING OR AMENDING REGULATIONS, SO AS TO DELETE DUPLICATIVE PROVISIONS AND TO INCLUDE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; AND TO ADD SECTION 1-23-121 SO AS TO PROVIDE THAT AN AGENCY MAY NOT ESTABLISH, MODIFY, OR INCREASE A FEE UNLESS AUTHORIZED BY LAW OR THROUGH REGULATION.
Ordered for consideration tomorrow.

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

S. 739 (Word version) -- Senators Hawkins and Reese: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY MISS SOUTH CAROLINA 2001".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3929 (Word version) -- Rep. D. C. Smith: A HOUSE RESOLUTION TO COMMEND SAMUEL EDWARD "ED" STILLWELL FOR HIS EXEMPLARY SERVICE AS AN EDUCATOR AND COMMUNITY LEADER, AND WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3930 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND CERTAIN OTHER REAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN A COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES.
Referred to Committee on Ways and Means

H. 3931 (Word version) -- Rep. Bowers: A JOINT RESOLUTION TO ALLOW A COUNTY IN WHICH VALUES ATTRIBUTABLE TO A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM CONDUCTED AFTER 2000 WHICH HAS NOT YET BEEN IMPLEMENTED AN ADDITIONAL ONE-YEAR DELAY IN IMPLEMENTING THE REASSESSED VALUES BEYOND THE ONE-YEAR DELAY ALLOWED BY LAW.
Referred to Committee on Ways and Means

H. 3932 (Word version) -- Reps. Harrell and Wilkins: A BILL TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
Referred to Committee on Ways and Means

H. 3933 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROVIDE THAT THE AFFIDAVIT THAT VERIFIES THAT A PERSON HAS A PHYSICAL CONDITION THAT REQUIRES HIS VEHICLE TO BE EQUIPPED WITH SUNSCREENING MATERIAL MUST BE UPDATED EVERY YEAR INSTEAD OF EVERY TWO YEARS, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE A MOTOR VEHICLE DECAL TO A PERSON WHO PRESENTS TO IT AN AFFIDAVIT THAT STATES THAT THE PERSON HAS A PHYSICAL CONDITION THAT MAKES IT NECESSARY TO EQUIP HIS MOTOR VEHICLE WITH CERTAIN SUNSCREENING MATERIAL, AND TO PROVIDE THAT THE DECAL MUST BE DISPLAYED ON THE DRIVER'S SIDE REAR EXTERIOR WINDOW OF THE VEHICLE.
Referred to Committee on Education and Public Works

H. 3934 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION, SO AS TO ADD TO THIS COMMISSION THE CHAIRMEN OF THE HOUSE WAYS AND MEANS COMMITTEE, SENATE FINANCE COMMITTEE, HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE, AND SENATE EDUCATION COMMITTEE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE.
Referred to Committee on Education and Public Works

ROLL CALL

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

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               Coates
Cobb-Hunter            Coleman                Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Herbkersman            J. Hines               Hinson
Hiott                  Hosey                  Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 J. M. Neal             Neilson
Norman                 Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Sandifer
Scarborough            Scott                  Sinclair
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Talley                 Taylor
Thompson               Toole                  Tripp
Umphlett               Vaughn                 Vick
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 14.

Paul Agnew                        Phillip D. Owens
Ronald Townsend                   G. Murrell Smith
Jackson "Seth"  Whipper           Todd Rutherford
Joseph Neal                       Mack Hines
Chip Huggins                      Harry Ott
Gary Simrill                      William Clyburn
Brenda Lee                        Olin Phillips
Bessie Moody-Lawrence             James E. Stewart
Jerry Govan

Total Present--118

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. John Nobles of Bennettsville is the Doctor of the Day for the General Assembly.

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. 3580 (Word version)
Date:   ADD:
04/14/05   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 3580 (Word version)
Date:   ADD:
04/14/05   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3881 (Word version)
Date:   ADD:
04/14/05   ALTMAN

CO-SPONSOR ADDED

Bill Number:   H. 3881 (Word version)
Date:   ADD:
04/14/05   SCARBOROUGH

CO-SPONSOR ADDED

Bill Number:   H. 3881 (Word version)
Date:   ADD:
04/14/05   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 3881 (Word version)
Date:   ADD:
04/14/05   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3881 (Word version)
Date:   ADD:
04/14/05   MACK

CO-SPONSOR ADDED

Bill Number:   H. 3885 (Word version)
Date:   ADD:
04/14/05   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 3885 (Word version)
Date:   ADD:
04/14/05   PERRY

CO-SPONSOR ADDED

Bill Number:   H. 3885 (Word version)
Date:   ADD:
04/14/05   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3885 (Word version)
Date:   ADD:
04/14/05   COBB-HUNTER

CO-SPONSOR ADDED

Bill Number:   H. 3841 (Word version)
Date:   ADD:
04/14/05   JENNINGS

CO-SPONSOR ADDED

Bill Number:   H. 3490 (Word version)
Date:   ADD:
04/14/05   M. A. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   BREELAND

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   MCCRAW

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   ANTHONY

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   F. N. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   LEE

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   DAVENPORT

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   CATO

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   CLYBURN

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   J. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3341 (Word version)
Date:   ADD:
04/14/05   JEFFERSON

CO-SPONSOR ADDED

Bill Number:   H. 3881 (Word version)
Date:   ADD:
04/14/05   LIMEHOUSE

CO-SPONSOR REMOVED

Bill Number:   H. 3452 (Word version)
Date:   REMOVE:
04/14/05   BATTLE

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 655 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL TEACHER, OR PUBLIC SCHOOL STUDENT; TO PROVIDE THAT THE LOCAL SCHOOL DISTRICT OF A CHARTER SCHOOL IN CHARLESTON COUNTY MAY NOT CHARGE RENT TO A CHARTER SCHOOL THAT WAS CONVERTED FROM AN EXISTING PUBLIC SCHOOL; TO PROVIDE THAT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY APPLY FOR GRANTS ON ITS OWN; TO PROVIDE THAT A TEACHER IN A CHARTER SCHOOL IN CHARLESTON COUNTY MAY BE NOMINATED AND CONSIDERED AS A CANDIDATE FOR TEACHER OF THE YEAR; AND TO PROVIDE THAT A STUDENT AT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY RECEIVE A LAURA BROWN FUND GRANT.

S. 406--ORDERED ENROLLED FOR RATIFICATION

The motion of Rep. RICE to reconsider the vote whereby the following Bill was given a second reading was taken up:

S. 406 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; BY ADDING SECTION 56-1-2111, SO AS TO PROVIDE CIRCUMSTANCES WHEN THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE, OR A COMMERCIAL SPECIAL LICENSE OR PERMIT; BY ADDING SECTION 56-1-2112, SO AS TO PROVIDE THAT A DRIVER WHO IS CONVICTED OF OPERATING A COMMERCIAL VEHICLE IN VIOLATION OF CERTAIN RAILROAD-HIGHWAY GRADE CROSSING PROVISIONS IS DISQUALIFIED FROM OPERATING A COMMERCIAL MOTOR VEHICLE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "CONVICTION", "SERIOUS TRAFFIC VIOLATION", AND "TANK VEHICLE", AND TO PROVIDE DEFINITIONS FOR THE TERMS "SCHOOL BUS", AND "TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO THE ISSUANCE OF COMMERCIAL DRIVER'S LICENSES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY AUTHORIZE PRIVATE INSTITUTIONS TO ADMINISTER THE SKILLS PORTION OF THE COMMERCIAL DRIVER'S LICENSE TEST, TO PROVIDE THAT THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MAY RANDOMLY TEST COMMERCIAL DRIVER'S LICENSE APPLICANTS OR HOLDERS, AND PROVIDE THAT A COMMERCIAL DRIVER'S LICENSE APPLICANT OR HOLDER WHO FAILS RETESTING SHALL LOSE HIS COMMERCIAL DRIVER'S LICENSE; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO CONTENTS OF A COMMERCIAL DRIVER'S LICENSE, THE PRIVILEGES AFFORDED TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE WITH THE VARIOUS CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS, AND THE ISSUANCE AND RENEWAL OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE "S" ENDORSEMENT AUTHORIZES A PERSON TO DRIVE ANY SCHOOL BUS; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO MOVING VIOLATIONS THAT DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT THESE VIOLATIONS MAY BE COMMITTED IN EITHER A COMMERCIAL OR NONCOMMERCIAL MOTOR VEHICLE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT DRIVING A COMMERCIAL MOTOR VEHICLE WHEN A PERSON'S COMMERCIAL DRIVER'S LICENSE IS REVOKED, SUSPENDED, OR CANCELLED DISQUALIFIES THE PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT CAUSING A FATALITY THROUGH THE NEGLIGENT OPERATION OF A COMMERCIAL MOTOR VEHICLE DISQUALIFIES A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO DEFINE THE TERM "SERIOUS TRAFFIC VIOLATIONS"; AND TO AMEND SECTION 56-5-2735, RELATING TO VEHICLES ENTERING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE DRIVEN OR TOWED THROUGH OR OVER A RAILROAD GRADE CROSSING UNTIL ITS DRIVER HAS DETERMINED THAT THE VEHICLE HAS SUFFICIENT UNDER CARRIAGE CLEARANCE TO NEGOTIATE THE RAILROAD GRADE CROSSING.

Rep. J. M. NEAL moved to table the motion to reconsider, which was agreed to.

The Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: 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.

S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.

SENT TO THE SENATE

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

H. 3175 (Word version) -- Reps. Davenport, Vaughn and Littlejohn: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" PURSUANT TO CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.

H. 3543 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON WITH A CURRENT CHARGE OR A PRIOR CONVICTION FOR A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE OR A PERSON SUBJECT TO A RESTRAINING ORDER OR VALID ORDER OF PROTECTION MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO PROVIDE THAT THE DURATION OF A TEMPORARY RESTRAINING ORDER IS EXTENDED FROM SIX MONTHS TO ONE YEAR; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO THE DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO REQUIRED INFORMATION NECESSARY TO OBTAIN A DRIVER'S LICENSE AND SECTION 56-1-230, RELATING TO NOTIFICATION OF CHANGE OF ADDRESS, BOTH SO AS TO REQUIRE PROOF OF ADDRESS AND TO PROVIDE EXAMPLES OF SUFFICIENT PROOF.

ORDERED TO THIRD READING

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

H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, AND TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION.

Rep. MILLER explained the Bill.

H. 3847 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR; TO AMEND SECTION 11-11-320, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED; BY ADDING SECTION 11-11-345 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE; AND BY ADDING SECTION 11-11-350 SO AS TO PROVIDE THAT EACH STATE AGENCY, DEPARTMENT, INSTITUTION, OR ENTITY RECEIVING IN THE AGGREGATE THREE PERCENT OR MORE OF THE STATE'S GENERAL FUND APPROPRIATIONS FOR ANY FISCAL YEAR SHALL PROVIDE TO THE OFFICE OF STATE BUDGET AN ESTIMATE OF ITS PLANNED GENERAL FUND EXPENDITURES FOR THE NEXT THREE FISCAL YEARS, AND TO PROVIDE THAT THIS DATA, IN CONJUNCTION WITH THE BOARD OF ECONOMIC ADVISORS' LONG-TERM REVENUE ESTIMATE, SHALL BE COMPILED BY THE OFFICE OF STATE BUDGET INTO A THREE-YEAR FINANCIAL PLAN THAT WILL ASSIST THE STATE IN DETERMINING AND PLANNING FOR ITS LONG-TERM FINANCIAL COMMITMENTS.

Rep. HARRELL explained the Bill.

H. 3735--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MILLER, with unanimous consent, it was ordered that H. 3735 (Word version) be read the third time tomorrow.

H. 3847--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 3847 (Word version) be read the third time tomorrow.

H. 3897--RECOMMITTED

The following Joint Resolution was taken up:

H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.

H. 3647--AMENDED AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3647 (Word version) -- Reps. E. H. Pitts, Hinson, McLeod, Young and Rutherford: 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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10769MM05), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 53-1-5 of the 1976 Code, as amended by Act 134 of 1995, is further amended to read:

"Section 53-1-5.   (A)   The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. Any An employee of any a business which that operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any on Sunday if he is conscientiously opposed to Sunday work. An employer who dismisses or demotes an employee because he the employee is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to before dismissal or demotion without forfeiture of compensation, rank, or grade, or seniority.

(B)   No A proprietor of a retail establishment who is opposed to working on Sunday may not be forced by his lessor or franchisor to open his establishment on Sunday nor may and there be discrimination against persons a person whose regular day of worship is Saturday is prohibited.

(C)   This section does not apply to employees, including support, maintenance, repair, and other service personnel, of a manufacturing establishment or a research and development operation that by its nature or for economic reasons involves processes requiring continuous and uninterrupted operation. For purposes of this subsection, 'the manufacturing of bakery products' is a chemical manufacturing process requiring continuous, uninterrupted operation."
SECTION   2.   Section 1-13-80(A) of the 1976 Code is amended to read:

"(A)   It is an unlawful employment practice for an employer:

(1)   to fail or refuse to hire, bar, discharge from employment or otherwise discriminate against an individual with respect to the individual's compensation or terms, conditions, or privileges of employment because of the individual's race, religion, color, sex, age, national origin, or disability;

(2)   to limit, segregate, or classify employees or applicants for employment in a way which would deprive or tend to deprive an individual of employment opportunities, or otherwise adversely affect the individual's status as an employee, because of the individual's race, color, religion, sex, age, national origin, or disability;

(3)   to reduce the wage rate of an employee in order to comply with the provisions of this chapter relating to age;

(4)   to violate the provisions of Chapter 1 of Title 53."
SECTION   3.   Sections 53-1-6 through Section 53-1-160 of the 1976 Code are repealed.
SECTION   4.   The repeal of Sections 53-1-6 through 53-1-160 of Chapter 1, Title 53 of the 1976 Code, as contained in Section 2 of this act, does not affect provisions of law, including those in Title 61 of the 1976 Code, prohibiting or otherwise regulating the sale of alcoholic liquors, beer, or wine on Sunday.
SECTION   5.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS moved to table the amendment, which was agreed to.

The Judiciary Committee proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\11701AC05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Section 41-1-70 of the 1976 Code, as added by Act 320 of 1986, is amended to read:

"Section 41-1-70.   Any employer who dismisses or demotes an employee because the employee complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any court, or violates the provisions of Chapter 1, Title 53, is subject to a civil action in the circuit court for damages caused by the dismissal or demotion.

Damages for dismissal are limited to no more than one year's salary or fifty-two weeks of wages based on a forty-hour week in the amount the employee was receiving at the time of receipt of the subpoena.
Damages for demotion are limited to the difference for one year between the salary or wages based on a forty-hour week which the employee received before the demotion and the amount he receives after the demotion."/
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. MCLEOD raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. E. H. PITTS argued contra.
SPEAKER WILKINS stated that while the Bill dealt with the South Carolina Blue Laws, the amendment proposed to allow an employee, who has a conscientious objection to working on Sundays, the option not to work on that day and provided for a civil cause of action against an employer who tried to force an employee to work on Sunday. The SPEAKER further stated that the amendment was not in violation of Rule 9.3. He therefore overruled the Point of Order.

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

Rep. E. H. PITTS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\10797MM05):
Amend the bill, as and if amended, Section 53-1-5(A), as contained in SECTION 1, by striking the subsection and inserting:

/ (A)   The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. Any An employee of any a business which that operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any until 1:30 p.m. on Sunday if he is conscientiously opposed to Sunday work employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to dismissal or demotion without forfeiture of compensation, rank, or grade. /
Renumber sections to conform.
Amend title to conform.

Rep. E. H. PITTS explained the amendment.

Reps. PINSON, RICE, BINGHAM, HAYES, HOSEY, WHITE, HERBKERSMAN, WHITMIRE, WALKER, WITHERSPOON, SCOTT, J. E. SMITH, EMORY, NEILSON, OTT, PARKS, COATES, DUNCAN, RHOAD, ANTHONY, DAVENPORT, MCGEE and BARFIELD requested debate on the Bill.

H. 3490--POINT OF ORDER

The following Bill was taken up:

H. 3490 (Word version) -- Reps. Duncan, Cato, Bowers and M. A. Pitts: A BILL TO AMEND SECTION 34-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF LICENSURE REQUIREMENTS FOR A CHECK-CASHING SERVICE, SO AS TO EXEMPT A PERSON WHO, INCIDENTALLY TO OR INDEPENDENTLY OF THE OPERATION OF A BONA FIDE RETAIL BUSINESS, FROM TIME TO TIME CASHES A CHECK, DRAFT, OR MONEY ORDER, SO AS TO PROVIDE THAT THE FEE CHARGED MUST NOT EXCEED THE STATUTORY FEE SCHEDULE.

Rep. SCARBOROUGH explained the Bill.

POINT OF ORDER

Rep. RHOAD 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. 3700--POINT OF ORDER

The following Bill was taken up:

H. 3700 (Word version) -- Reps. Clemmons and Harrison: A BILL TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED.

Rep. CLEMMONS explained the Bill.

POINT OF ORDER

Rep. F. N. SMITH 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. 3588--POINT OF ORDER

The following Bill was taken up:

H. 3588 (Word version) -- Reps. Whipper, Sinclair, J. H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W. D. Smith, Taylor and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

POINT OF ORDER

Rep. COATES 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. 3489--POINT OF ORDER

The following Bill was taken up:

H. 3489 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS; AND TO AMEND SECTION 4-9-10, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.

POINT OF ORDER

Rep. BALES 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.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 318 from the Committee on Judiciary.
Rep. SCOTT objected.

H. 3155--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3155 (Word version) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady, Hagood, Talley, G. R. Smith and Neilson: 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.

Rep. TOWNSEND proposed the following Amendment No. 1A (Doc Name COUNCIL\PT\2502SJ05), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting clause and inserting:
/ SECTION   1.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 59
South Carolina Education and
Economic Development Act

Section 59-59-10.   This chapter may be cited as the 'South Carolina Education and Economic Development Act'.

Section 59-59-20.   (A)   The Department of Education shall develop a curriculum, aligned with state content standards, organized around a career cluster system that must provide students with both strong academics and real-world problem solving skills. Students must be provided individualized educational, academic, and career oriented choices and greater exposure to career information and opportunities. This system must promote the involvement and cooperative effort of parents, teachers, and counselors in assisting students in making these choices, in setting career goals, and in developing individual graduation plans to achieve these goals.

(B)   School districts must lay the foundation for the clusters of study system in elementary school by providing career awareness activities. In the middle grades programs must allow students to identify career interests and abilities and align them with clusters of study for the development of individual graduation plans. Finally, high school students must be provided guidance and curricula that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to relevant employment, further training, or postsecondary study.

Section 59-59-30.   There is created within the Department of Education, the Education and Economic Development Project Office to oversee the implementation of this chapter. This chapter must be fully implemented by July 1, 2012, at which time the project office and the council created pursuant to Section 59-59-170 are abolished.

Section 59-59-40.   (A)   During the 2005-06 school year, the department, in conjunction with selected school districts and schools, shall conduct a pilot project implementing the clusters of study system.

(B)   During the 2005-06 school year the department shall conduct a pilot project implementing its Career Guidance Model of the Comprehensive Developmental Guidance and Counseling Program Model in the elementary and middle schools that feed into a high school in which a pilot project for the clusters of study model is being conducted.

(C)   The State Department of Education must report annually by December first, to the Governor, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee on the progress and effectiveness of the implementation of this chapter and its ability to provide a better prepared workforce and student success in postsecondary education.

Section 59-59-50.   (A)   Before July 1, 2006, the Department of Education shall develop state models and prototypes for individual graduation plans and the curriculum framework for career clusters of study. These clusters of study may be based upon the national career clusters and may include, but are not limited to:

(1)   agriculture, food, and natural resources;

(2)   architecture and construction;

(3)   arts, audio-video technology, and communications;

(4)   business, management, and administration;

(5)   education and training;

(6)   finance;

(7)   health science;

(8)   hospitality and tourism;

(9)   human services;

(10)   information technology;

(11)   law, public safety, and security;

(12)   manufacturing;

(13)   government and public administration;

(14)   marketing, sales, and service;

(15)   science, technology, engineering, and mathematics;

(16)   transportation, distribution, and logistics.

Section 59-59-55.   The State Board of Education shall develop a state model for addressing at-risk students. This model shall include various programs and curriculum proven to be effective for at-risk students.

Section 59-59-60.   Before July 1, 2007, school districts shall:

(1)   organize high school curricula around a minimum of three clusters of study and cluster majors. The curricula must be designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and self-discipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life;

(2)   promote increased awareness and career counseling by providing access to the South Carolina Occupational Information System for all schools. However, if a school chooses another occupational information system, that system must be approved by the State Department of Education.

Section 59-59-70.   Beginning with the 2006-07 school year, the department, in collaboration with the Commission on Higher Education and the state's higher education institutions, shall implement a career development plan for educational professionals in career guidance that provides awareness, training, release time, and preparatory instruction. The plan must include strategies for certified school guidance counselors to effectively involve parents, guardians, or individuals appointed by the parent or guardian to serve as their designee in the career guidance process and in the development of the individual graduation plans of their children. The plan also must include innovative approaches to recruit, train, and certify professionals needed to carry out the career development plan.

Section 59-59-80.   During the 2006-07 school year career awareness and exploration activities must be integrated in the curricula for students in the first through fifth grades.

Section 59-59-90.   Beginning with the 2006-07 school year, counseling and career awareness programs on clusters of study must be provided to students in the sixth, seventh, and eighth grades, and they must receive career interest inventories and information to assist them in the career decision-making process. Before the end of the second semester of the eighth grade, eighth grade students in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee shall select a preferred cluster of study and develop an individual graduation plan, as provided for in Section 59-59-140.

Section 59-59-100.   (A)   By the 2009-10 school year, middle and high schools shall provide students with the services of a career specialist who has obtained a bachelor's degree and who has successfully completed the national Career Development Facilitator (CDF) certification training or certified guidance counselor having completed the Career Development Facilitator certification training. This career specialist shall work under the supervision of a certified guidance counselor. Districts shall report to the project office annually their progress toward meeting the requirements of this section. By 2011, middle and high schools shall have a student to guidance personnel ratio of three hundred to one. Guidance personnel include certified guidance counselors and career specialists.

(B)   Career specialists currently employed by the sixteen tech prep consortia and their performance responsibilities related to the delivery of tech prep or school-to-work activities must be supervised by the State Department of Education's Office of Career and Technology Education in conjunction with the immediate site supervisor of the tech prep consortia.

Section 59-59-105.   An individual employed by school districts to provide career services pursuant to Section 59-59-100 shall work to ensure the coordination, accountability, and delivery of career awareness, development, and exploration to students in kindergarten through twelfth grade. To ensure the implementation and delivery of this chapter, this individual shall:

(1)   coordinate and present professional development workshops in career development and guidance for teachers, school counselors, and work-based constituents;

(2)   assist schools in promoting the goals of quality career development of students in kindergarten through twelfth grade;

(3)   assist school counselors and students in identifying and accessing career information and resource material;

(4)   provide educators, parents, and students with information on career and technology education programs offered in the district;

(5)   support students in the exploration of career clusters and the selection of an area of academic focus within a cluster of study;

(6)   learn and become familiar with ways to improve and promote career development opportunities within the district;

(7)   attend continuing education programs on the certified career development facilitator curriculum sponsored by the State;

(8)   assist with the selection, administration, and evaluation of career interest inventories;

(9)   assist with the implementation of the district's student career plan or individual graduation plan;

(10)   assist schools in planning and developing parent information on career development;

(11)   coordinate with school counselors and administration career events, career classes, and career programming;

(12)   coordinate community resources and citizens representing diverse occupations in career development activities for parents and students; and

(13)   assist with the usage of computer assisted career guidance systems.

Section 59-59-110.   Beginning with the 2008-09 school year and at least annually after that, certified school guidance counselors and career specialists, under their supervision, shall counsel students during the ninth and tenth grades to further define their career cluster goals and individual graduation plans, and before the end of the second semester of the tenth grade, tenth grade students shall have declared an area of academic focus within a cluster of study. Throughout high school, students must be provided guidance activities and career awareness programs that combine counseling on career options and experiential learning with academic planning to assist students in fulfilling their individual graduation plans.

Section 59-59-115.   School guidance counselors and career specialists shall limit their activities to guidance and counseling and may not perform administrative tasks.

Section 59-59-120.   By the 2009-10 school year, each high school shall implement the principles of the 'High Schools that Work' organizational model or have obtained approval from the Department of Education for another cluster or major organizational model. For districts implementing another approved model, revocation of approval may occur if, for two consecutive years, the district's SAT or ACT average falls below the state average and dropout rates rise above the state average.

Section 59-59-130.   Before July 1, 2010, the State Board of Education shall revise high school graduation requirements to fit the career cluster system and shall include a variety of courses in core subjects so that individual student needs may be addressed.

Section 59-59-140.   An individual graduation plan is a student specific educational plan detailing the courses necessary for the student to prepare for graduation and to successfully transition into the workforce or postsecondary education. An individual graduation plan must:

(1)   align career goals and a student's course of study;

(2)   be based on the student's selected cluster of study and an academic focus within that cluster;

(3)   include core academic subjects, which must include, but are not limited to, English, math, science, and social studies;

(4)   include experience-based, career-oriented learning experiences including, but not limited to, internships, apprenticeships, mentoring, co-op education, and service learning;

(5)   be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and admission to postsecondary education;

(6)   be incorporated in Individual Education Plans; and

(7)   be approved by a certified school guidance counselor and the student's parents, guardians, or individuals appointed by the parents or guardians to serve as their designee.

Section 59-59-150.   By July 2007, the State Board of Education shall promulgate regulations outlining specific objective criteria for districts to use in the identification of students at risk for being poorly prepared for the next level of study or for dropping out of school. The criteria must include diagnostic assessments to identify strengths and weaknesses in the core academic areas. The process for identifying these students must be closely monitored by the State Department of Education in collaboration with school districts to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented. The regulations also must include evidence-based model programs for at-risk students designed to ensure that these students have an opportunity to graduate with a state high school diploma. By the 2007-08 school year, each high school of the state shall implement one or more of these programs to ensure that these students receive the opportunity to complete the necessary requirements to graduate with a state high school diploma and build skills to prepare them to enter the job market successfully. The regulation also must include an evaluation of model programs in place in each high school to ensure the programs are providing students an opportunity to graduate with a state high school diploma.

Section 59-59-160.   Parental participation is an integral component of the clusters of study system. Beginning with students in the sixth grade and continuing through high school, schools must schedule annual parent counseling conferences to assist parents, guardians, or individuals appointed by the parents or guardians and their children in making career choices and creating individual graduation plans. These conferences must include, but are not limited to, assisting the student in identifying career interests and goals, selecting a cluster of study and an academic focus, and developing an individual graduation plan.

Section 59-59-170.   (A)   There is created the Education and Economic Development Coordinating Council to implement the statewide performance, accountability, and enforcement requirements of this chapter. The council is comprised of the following members representing the geographic regions of the State and must be representative of the ethnic, gender, rural, and urban diversity of the State:

(1)   State Superintendent of Education;

(2)   Executive Director of the South Carolina Employment Security Commission;

(3)   Executive Director of the State Board for Technical and Comprehensive Education;

(4)   Secretary of the Department of Commerce;

(5)   Executive Director of the South Carolina Chamber of Commerce;

(6)   Executive Director of the South Carolina Commission on Higher Education;

(7)   members appointed by the State Superintendent of Education as follows:

(a)   a school district superintendent;

(b)   a school principal;

(c)   a school guidance counselor;

(d)   a teacher;

(e)   the director of a career and technology center;

(8)   members appointed by the chair of the Commission on Higher Education as follows:

(a)   the president or provost of a research university;

(b)   the president or provost of a four-year college or university;

(c)   the president of a technical college;

(9)   the Governor shall appoint ten representatives of business and industry, five of whom must be recommended by state-wide organizations representing business and industry, and shall select a chair from all of the members appointed from business and industry;

(10)   Chairman of the Education Oversight Committee or his designee;

(11)   a member from the House of Representatives appointed by the Speaker of the House, and a member from the Senate appointed by the President Pro Tempore.

Initial appointments must be made by October 1, 2005, at which time the Governor shall call the first meeting.

(B)   The council shall:

(1)   advise the Education and Economic Development Project Office on the implementation of this chapter;

(2)   establish accountability and performance measures for implementation of this chapter;

(3)   review school report cards required by the Education Accountability Act, and other compliance reports required of schools and school districts;

(4)   advise schools and school districts through the project office, institutions of higher education through the Commission on Higher Education, and other state agencies through their governing boards on appropriate and effective measures to ensure implementation of this chapter;

(5)   designate and oversee the regional educational service centers established pursuant to Section 59-59-180;

(6)   make recommendations to the project office for the development and implementation of a communication and marketing plan to promote statewide awareness of the provisions of this chapter;

(7)   make recommendations to the State Board of Education and other appropriate governing boards for the promulgation of regulations to carry out the provisions of this chapter including, but not limited to, enforcement procedures, which may include monitoring and auditing functions, and addressing consequences for noncompliance.

(C)   The council shall report annually to the Governor, the General Assembly, the State Board of Education and other appropriate governing boards on the progress, results, and compliance with the provisions of this chapter.

(D)   The Department of Education shall provide administrative support and staffing to the council to carry out its responsibilities under this chapter.

Section 59-59-180.   (A)   Before July 1, 2006, the Education and Economic Development Council shall designate regional education centers to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community.

(B)   The primary responsibilities of these centers are to:

(1)   provide services to students and adults for career planning, employment seeking, training, and other support functions;

(2)   provide information, resources, and professional development programs to educators;

(3)   provide resources to school districts for compliance and accountability under the provisions of this chapter;

(4)   provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services;

(5)   facilitate local connections among businesses and those involved in education;

(6)   work with school districts and institutions of higher education to create and coordinate workforce education programs.

(C)(1)   By the 2006-07 school year, each regional education center must have career development facilitators who shall coordinate career-oriented learning, career development, and postsecondary transitions for the schools in their respective regions.

(2)   A career development facilitator must be certified and recognized by the National Career Development Association.

(D)   The Education and Economic Development Coordinating Council, in consultation with the Department of Education, shall provide oversight to the regional centers, and the centers shall provide data and reports that the council may request.

Section 59-59-190.   (A)   The South Carolina Employment Security Commission, in collaboration with the State Board for Technical and Comprehensive Education and the Commission on Higher Education, shall assist the Department of Education, in planning and promoting the career information and employment options and preparation programs provided for in this chapter and in the establishment of the regional education centers by:

(1)   identifying potential employers to participate in the career-oriented learning programs;

(2)   serving as a contact point for employees seeking career information and training;

(3)   providing labor market information including, but not limited to, supply and demand;

(4)   promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System;

(5)   collaborating with local agencies and businesses to stimulate funds; and

(6)   cooperating in the creation and coordination of workforce education programs.

(B)   The South Carolina Employment Security Commission shall assist in providing a link between employers in South Carolina and youth seeking employment.

Section 59-59-200.   Beginning with the 2006-07 academic year, colleges of education shall include in their training of teachers, guidance counselors, and administrators the following: career guidance, the use of the cluster of study curriculum framework and individual graduation plans, learning styles, the elements of the Career Guidance Model of the South Carolina Comprehensive Guidance and Counseling Program Model, contextual teaching, cooperative learning, and character education. The State Board of Education shall develop performance-based standards in these areas and include them as criteria for teacher program approval. By the 2009-10 school year, the teacher evaluation system established in Chapter 26, Title 59, and the principal's evaluation system established in Section 59-24-40 must include a review of performance in career exploration and guidance. The department also shall develop programs to train educators in contextual teaching.

Section 59-59-210.   (A)   By September 2006, the Commission on Higher Education shall convene the Advisory Committee on Academic Programs to address articulation agreements between school districts and public institutions of higher education in South Carolina to provide seamless pathways for adequately prepared students to move from high school directly into institutions of higher education. The committee shall review, revise, and recommend secondary to postsecondary articulation agreements and promote the development of measures to certify equivalency in content and rigor for all courses included in articulation agreements. The advisory committee includes representatives from the research institutions, four-year comprehensive teaching institutions, two-year regional campuses, and technical colleges. The committee, for purposes pursuant to this chapter, shall include representation from the State Department of Education, and school district administrators, to include curriculum coordinators and guidance personnel.

(B)   By July 2007, the Advisory Committee on Academic Programs shall make recommendations to the Commission on Higher Education regarding coursework acceptable statewide for dual enrollment to be accepted in transfer within a related course of study. Dual enrollment college courses offered to high school students by two-year and four-year colleges and universities must be equivalent in content and rigor to the equivalent college courses offered to college students and taught by appropriate credentialed faculty. Related policies and procedures established by the Commission on Higher Education for dual enrollment and guidelines for offering dual enrollment coursework and articulation to two and four-year colleges and universities for awarding of credit must be followed.

(C)   The advisory committee shall coordinate work to study the content and rigor of high school courses in order to provide a seamless pathway to postsecondary education.

(D)   The Commission on Higher Education shall report annually to the Education and Economic Development Coordinating Council regarding the committee's progress.

Section 59-59-220.   With the implementation of the clusters of study system, appropriate resources and instructional materials, aligned with the state's content standards, must be developed or adopted by the State Department of Education and made available to districts.

Section 59-59-230.   The State Board of Education, in collaboration with the Education and Economic Development Council, shall promulgate regulations necessary to carry out the provisions of this chapter.

Section 59-59-240.   The requirements of this chapter do not apply to private schools or to home schools.

Section 59-59-250.   The implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the Budget and Control Board."
SECTION   2.   Section 59-17-135(B) of the 1976 Code, as added by Act 4 of 2001, is amended to read:

"(B)   Each local school board of trustees of the State must develop a policy addressing character education. Any character education program implemented by a district as a result of an adopted policy must, to the extent possible, incorporate character traits including, but not limited to, the following: respect for authority and respect for others, honesty, duty, self-control, cleanliness, courtesy, good manners, cooperation, commitment to others, citizenship, patriotism, courage, fairness, kindness, self-respect, compassion, diligence, good work ethics, sound educational habits, generosity, punctuality, cheerfulness, patience, sportsmanship, loyalty, and virtue. Local school boards must include all sectors of the community, as referenced in subsection (A)(4), in the development of a policy and in the development of any program implemented as a result of the policy. As part of any policy and program developed by the local school board, an evaluation component must be included."
SECTION   3.   Section 59-18-900(D) of the 1976 Code is amended to read:

"(D)   The report card must include a comprehensive set of performance indicators with information on comparisons, trends, needs, and performance over time which is helpful to parents and the public in evaluating the school. Special efforts are to be made to ensure that the information contained in the report cards is provided in an easily understood manner and a reader friendly format. This information should also provide a context for the performance of the school. Where appropriate, the data should yield disaggregated results to schools and districts in planning for improvement. The report card should include information in such areas as programs and curriculum, school leadership, community and parent support, faculty qualifications, evaluations of the school by parents, teachers, and students. In addition, the report card must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary climate, dropout ratios, dropout reduction data, student and teacher ratios, and attendance data."
SECTION   4.   Act 450 of 1994 and Section 59-52-95 of the 1976 Code are repealed.
SECTION   5.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. WALKER 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. 3213--SENT TO THE SENATE

The following Bill was taken up:

H. 3213 (Word version) -- Reps. Davenport, Vaughn, Toole, Tripp, Vick, Simrill, Bingham, J. R. Smith, Rice, Talley, G. Brown, Barfield, Owens, M. A. Pitts, G. R. Smith, Hamilton, White, Clark, Walker, Pinson, Loftis, Leach, McGee, W. D. Smith, Viers, Cato, Perry, Delleney, Altman, Cooper, Haskins, Huggins, Littlejohn, Hiott, Mahaffey, Wilkins, Merrill, D. C. Smith, Herbkersman, Bailey, Ceips, J. Brown, G. M. Smith, Weeks, Coates, F. N. Smith, E. H. Pitts, Thompson, Young, Duncan, Hagood and Chellis: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.

The question then recurred to the passage of the Bill on third reading.

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

Yeas 91; Nays 10

Those who voted in the affirmative are:

Altman                 Anderson               Anthony
Bales                  Ballentine             Barfield
Battle                 Bingham                Brady
Branham                G. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Dantzler               Davenport
Delleney               Duncan                 Emory
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Hayes                  Herbkersman            J. Hines
Hinson                 Hiott                  Huggins
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
Merrill                J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

Total--91

Those who voted in the negative are:

Agnew                  Breeland               R. Brown
Cotty                  Funderburk             Kennedy
McLeod                 Miller                 J. E. Smith
Whipper

Total--10

So, the Bill was read the third time and ordered sent to the Senate.

RECORD FOR VOTING

It is with deep regret that we felt compelled to vote against this Bill - not because we are against the "right to life," but because this Bill does not and cannot define "life" in a manner which respects the values and beliefs of all citizens of this State. Furthermore, we have serious misgivings about the constitutionality of this Bill as it is written.

The Right to Life is a far more complex concept than the few words given to it in this Bill. Our personal faith and core values teach us to respect the sanctity of life. However, persons of all faiths must be treated equally under the law, and in a matter such as this, it is not the legislature's place to substitute the wishes of some for the rights of all.

This Law seeks to insert the opinions of politicians in matters that traditionally have been and should be left to women, with the counsel of their families, their health care providers, and their faith.

There is no public consensus about whether a woman should be forced to bear a child that is the result of incest or rape. There is no public consensus about whether a woman should be forced to carry a child to term, if that action may result in her own death or permanent disability. These are personal and difficult decisions, which historically have been and should continue to be vested in the individual - not in the State.
Rep. Laurie Slade Funderburk
Rep. Paul Agnew
Rep. James E. Smith, Jr.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 3860 (Word version) -- Reps. Hayes, Witherspoon, Viers, Barfield, Frye, Rhoad, Hardwick, Battle, Ceips, Miller, Townsend and Vick: A CONCURRENT RESOLUTION TO EXPRESS THE CONCERN OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY THAT PROPOSED CUTS IN FEDERAL FARM PROGRAMS BEING CONSIDERED AS PART OF THE FISCAL YEAR 2006 FEDERAL BUDGET WOULD PLACE A DISPROPORTIONATE BURDEN OF DEFICIT REDUCTION ON THE SHOULDERS OF OUR NATION'S FARM FAMILIES AND RURAL COMMUNITIES, AND TO REQUEST THE CONGRESS OF THE UNITED STATES TO PRESERVE CURRENT FARM PROGRAMS AND MAINTAIN THE COMMITMENTS MADE TO AMERICAN FARM FAMILIES, RURAL COMMUNITIES, AND LOW INCOME FAMILIES UNDER EXISTING UNITED STATES FARM POLICY.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

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

H. 3935 (Word version) -- Reps. Rutherford, 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, 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 TO DECLARE WEDNESDAY, APRIL 20, 2005, AS "LINKS DAY AT THE CAPITOL", TO RECOGNIZE THE SOUTH CAROLINA CHAPTER OF THE SOUTHERN AREA OF THE LINKS, INC., AND TO COMMEND THEM ON THEIR EFFORTS AND ADVOCACY IN SEEKING TO ELIMINATE HEALTH DISPARITIES IN THIS STATE.

Whereas, the South Carolina Chapter of the Southern Area of the Links, Inc., is an organization dedicated to improving the health of African Americans and to eliminating health disparities affecting this population; and

Whereas, in fulfilling its mission, Links has adopted many of the objectives of "Healthy People 2010", a national initiative of the United States Surgeon General and the United States Department of Health and Human Services, which has as one of its overarching goals the elimination of health disparities among Americans; and

Whereas, among the target areas identified by "Healthy People 2010", and taken on by Links, are infant mortality, cancer, cardiovascular disease, diabetes, HIV/AIDS, and immunizations; and

Whereas, research demonstrates that these target areas are ones in which African Americans are disproportionately impacted. African Americans have double the infant mortality rate of white Americans, a thirty percent higher death rate from cancer, a forty percent higher death rate from heart disease, a fifty percent higher incidence of diabetes, a death rate from HIV/AIDS seven times higher, and in any age category, African Americans are approximately twice as likely not to receive a vaccination as white Americans in those same categories; and

Whereas, Links strives to improve good personal, community, and environmental health, to exercise leadership in health policy development, and action, and to promote coordination and participation among agencies, organizations, and coalitions for the elimination of health disparities; and

Whereas, the members of the South Carolina General Assembly welcome such a vital organization to the South Carolina State House and are pleased to have the opportunity to recognize their commitment and dedication to a truly critical issue in South Carolina. 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, declare Wednesday, April 20, 2005, as "Links Day at the Capitol", to recognize the South Carolina Chapter of the Southern Area of the Links, Inc., and to commend them on their efforts and advocacy in seeking to eliminate health disparities in this State.

Be it further resolved that a copy of this resolution be provided to the South Carolina Chapter President of the Southern Area of the Links, Inc.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3936 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION RECOGNIZING THE ACADEMIC PROWESS AND ENTREPRENEURIAL SPIRIT OF THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO RECEIVED STATEWIDE DECA AWARDS IN MARKETING COMPETITION IN CHARLESTON RECENTLY, AND WISHING THEM AND THEIR TEACHERS AND ADVISORS, CARL VADASZ AND APRIL BRAGG, WELL AS THEY COMPETE ON THE NATIONAL LEVEL APRIL 27-30, 2005, IN ANAHEIM, CALIFORNIA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 741 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES PLACE ALL PERSONS WHO ARE DETERMINED TO BE SEX OFFENDERS UNDER GLOBAL POSITIONING SYSTEM SATELLITE SURVEILLANCE CONTINUOUSLY FOR THE DURATION OF THEIR PROBATIONARY SENTENCES.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 745 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF APRIL 10-16, 2005, AS "TELECOMMUNICATORS WEEK IN SOUTH CAROLINA" IN CONNECTION WITH NATIONAL TELECOMMUNICATORS WEEK.

Whereas, the week April 10-16, 2005, is National Telecommunicators Week; and

Whereas, 911 telecommunicators coordinate emergency responses to citizens needing assistance from law enforcement, fire service, or emergency medical services; and

Whereas, it is a fitting tribute to these important public servants to honor and recognize them and the vital contributions they make to public safety; and

Whereas, it is appropriate that the General Assembly also designate the week of April 10-16, 2005, as "Telecommunicators Week in South Carolina" to recognize all our state's telecommunicators who serve the public so well. Now, therefore,

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

That the members of the General Assembly designate the week of April 10-16, 2005, as "Telecommunicators Week in South Carolina" in connection with National Telecommunicators Week.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 750 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION COMMENDING DR. JOHN L. CARSON FOR HIS EXEMPLARY SERVICE AS THE THIRTEENTH PRESIDENT OF ERSKINE COLLEGE AND SEMINARY DURING THE PAST SEVEN YEARS, AND WISHING HIM AND HIS FAMILY WELL AS HE LEAVES ERSKINE CONTINUING TO FOLLOW GOD'S CALLING.

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

INTRODUCTION OF BILLS

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

H. 3937 (Word version) -- Reps. Ott, Lucas, Anthony, Bales, R. Brown, Clark, Coates, Cobb-Hunter, Frye, Taylor and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-30 SO AS TO CREATE THE SOUTH CAROLINA RURAL INFRASTRUCTURE BANK TRUST FUND, TO PROVIDE THAT AN ELIGIBLE APPLICANT MAY APPLY FOR A WATER OR SEWER CONSTRUCTION PROJECT, AND TO PROVIDE FOR CRITERIA FOR APPROVING A PROJECT; AND TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO PROVIDE THAT A MUNICIPALITY IS ELIGIBLE FOR GRANTS UNDER THE FUND, TO PROVIDE FOR THE USE OF REVENUES IN THE FUND, AND TO ADD THE OFFICE OF LOCAL GOVERNMENT AS AN ENTITY CHARGED WITH SUBMITTING A REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY.
Referred to Committee on Ways and Means

H. 3938 (Word version) -- Reps. Brady, Agnew, Anderson, Battle, Bowers, Emory, Funderburk, McLeod, Miller, Pinson and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-980 SO AS TO PROVIDE FOR DETERMINING THE FAIR MARKET VALUE OF OFF-PREMISES OUTDOOR ADVERTISING SIGNS FOR PURPOSES OF THE PROPERTY TAX.
Referred to Committee on Education and Public Works

H. 3939 (Word version) -- Reps. Loftis, Cato, Leach, G. R. Smith, Tripp, Vaughn and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-1420 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ISSUE AN INDIVIDUAL SEWAGE TREATMENT AND DISPOSAL SYSTEM PERMIT IF A PUBLIC SEWAGE SYSTEM IS AVAILABLE BUT NOT OPERATING IF OTHER PERMIT REQUIREMENTS ARE MET.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3940 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS; DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA: DATA RELEASE FOR MEDICAL ENCOUNTER DATA AND FINANCIAL REPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3941 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2972 SO AS TO BAN THE USE OF CORPORAL PUNISHMENT IN CHILDCARE FACILITIES THAT ARE REQUIRED TO BE LICENSED, REGISTERED, OR APPROVED EXCEPT IN CERTAIN CASES AND TO DEFINE CORPORAL PUNISHMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 13 (Word version) -- Senators McConnell, Moore, Campsen, Elliott, Ritchie, Verdin, Mescher, Setzler, Bryant, Alexander, Fair, Grooms, Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2005, BY ADDING SECTION 15-78-210 SO AS TO PROVIDE PROTECTION FROM CIVIL LIABILITY FOR TEACHERS ACTING IN THE SCOPE OF THEIR EMPLOYMENT AND TO PROVIDE AN EXCEPTION TO THIS PROTECTION; BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE; TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.
Referred to Committee on Judiciary

S. 68 (Word version) -- Senators Short, Mescher, Gregory and Ford: A BILL TO AMEND SECTION 59-149-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A LIFE SCHOLARSHIP, SO AS TO PROVIDE THE REQUIREMENTS FOR A HOME SCHOOLED STUDENT TO RECEIVE A LIFE SCHOLARSHIP.
Referred to Committee on Education and Public Works

S. 482 (Word version) -- Senators Patterson, Lourie, Jackson and Ford: A BILL TO AMEND SECTION 59-149-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS.
Referred to Committee on Education and Public Works

CONCURRENT RESOLUTION

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

H. 3942 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007.

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

That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 25, 2005, at 12:00 noon to elect a successor to the Honorable James E. Brogdon, Jr., Judge of the Circuit Court, At-Large Seat 12, whose term expires June 30, 2008; and to elect a successor to the Honorable Brooks P. Goldsmith, Judge of the Family Court for the Sixth Judicial Circuit, Seat 1, whose term expires June 30, 2007.

Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.

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

SPEAKER PRO TEMPORE IN CHAIR

SPEAKER ADDRESSES HOUSE

Pursuant to House Rule 1.6, the SPEAKER addresses the body concerning a matter of importance to the House.

HOUSE TO MEET AT 10:45 A.M. MONDAY IN STATEWIDE SESSION

Rep. W. D. SMITH moved that when the House adjourns it adjourn to meet in Statewide Session on Monday, April 18, at 10:45 a.m., which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3913 (Word version) -- 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 HONORING MRS. GARDENIA B. RUFF OF RICHLAND COUNTY FOR HER LIFETIME OF DEDICATION AND SERVICE TO IMPROVING THE HEALTH OF SOUTH CAROLINA'S MINORITY POPULATION AND STRIVING TO ELIMINATE HEALTHCARE DISPARITIES, RECOGNIZING HER LEADERSHIP IN SPEARHEADING MANY PUBLIC SERVICE AND COMMUNITY IMPACT PROGRAMS, AND WISHING HER CONTINUED SUCCESS IN ALL HER FUTURE ENDEAVORS.

H. 3861 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE APRIL 2005 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA AND TO RECOGNIZE AND SUPPORT "FAIR HOUSING MONTH" IN OUR STATE.

ADJOURNMENT

At 11:26 a.m. the House, in accordance with the motion of Rep. ALTMAN, adjourned in memory of J. Louis Lepesis of Charleston, to meet at 10:45 a.m. Monday, April 18, in Statewide Session.

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