Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Isaiah 64:8: "We are the clay and you are our potter; we are all the work of your hand."
Let us pray. Dear God, You are in charge of the events of our lives and the events here. We put ourselves individually and as a body in Your hands today. Continue to make us in the way You planned. Motivate us for service in representing the people of this State. Give us Your blessings. Look in favor upon our Nation, President, State and her leaders. Keep our defenders of freedom in Your care. Amen.

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

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

Rep. HINSON moved that when the House adjourns, it adjourn in memory of Thompson Connor Wofford, father-in-law of former Representative Sandra S. Wofford, which was agreed to.

The following was received and referred to the appropriate committee for consideration:

Document No. 2975
Agency: Budget and Control Board
Statutory Authority: 1976 Code Section 1-11-770
South Carolina 211 Network Provider Certification Requirements
Received by Speaker of the House of Representatives
May 3, 2005

The following was introduced:

H. 4020 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO CONGRATULATE THE BENEDICT COLLEGE GOLF TEAM AND COACH HERMAN D. BELTON FOR CAPTURING THE DIVISION II TITLE AT THE NATIONAL MINORITY COLLEGE GOLF CHAMPIONSHIP.

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

The following was taken up for immediate consideration:

S. 773 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE GOAL OF THE GENERAL ASSEMBLY THAT ALL SOUTH CAROLINIANS AND AMERICANS SHOULD HAVE HEALTH INSURANCE COVERAGE AND TO DECLARE THE WEEK OF MAY 1-7, 2005, AS "COVER THE UNINSURED WEEK" IN SOUTH CAROLINA.

Whereas, five hundred thousand South Carolinians do not have health care coverage; and

Whereas, eight out of ten of the uninsured are in working families that cannot afford health insurance and are not eligible for public programs; and

Whereas, uninsured South Carolinians are sicker and die younger because they are forced to go without the health care they need; and

Whereas, a slow economy, high unemployment, and rising health care costs mean that more South Carolinians are becoming uninsured in our State; and

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

That the members of the General Assembly express their goal that all South Carolinians and Americans should have health insurance coverage and declare the week of May 1-7, 2005, as "Cover the Uninsured Week" in South Carolina.

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

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

H. 4021 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO REDUCE THE CATCH LIMIT FOR FLOUNDER; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS IN REGARD TO CERTAIN SALTWATER GAMEFISH, SO AS TO INCREASE THE REQUIRED SIZE LIMIT FOR FLOUNDER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4022 (Word version) -- Reps. Mahaffey, E. H. Pitts, Pinson, Davenport, Bailey, Bales, Dantzler, Edge, Hamilton, Jefferson, Leach, Littlejohn, Neilson, Rhoad, G. R. Smith, Umphlett and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "THE SOUTH CAROLINA TAXPAYER AND CITIZEN PROTECTION ACT" BY ADDING SECTION 7-5-185 SO AS TO REQUIRE PROOF OF CITIZENSHIP TO REGISTER TO VOTE AND TO ESTABLISH PROCEDURES TO IMPLEMENT THIS REQUIREMENT; BY ADDING SECTION 43-5-80 SO AS TO PROVIDE THAT TO RECEIVE CERTAIN PUBLIC ASSISTANCE BENEFITS, AN APPLICANT FOR PUBLIC ASSISTANCE

S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535 OF THE 1976 CODE, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.
Referred to Committee on Ways and Means

S. 253 (Word version) -- Senators Ryberg and Moore: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY

S. 489 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND.
Referred to Committee on Ways and Means

S. 801 (Word version) -- Senators Matthews, McGill, Leventis, Ritchie, Hutto, Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney, Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL BLUE RIBBON STUDY COMMITTEE TO STUDY THE POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY.
Referred to Committee on Invitations and Memorial Resolutions

S. 803 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 41-18-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO DEFINE "CATAPULTING AMUSEMENT RIDE"; TO ADD SECTION 41-18-160 SO AS TO ESTABLISH CRITERIA FOR OBTAINING A PERMIT FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR THE OPERATION OF A CATAPULTING AMUSEMENT RIDE; TO AMEND SECTION 52-19-20, AS AMENDED, RELATING TO THE DEFINITION OF "BUNGEE JUMPING", SO AS TO DELETE REFERENCES TO THE CORD USED IN BUNGEE JUMPING BEING MADE OF WIRE ROPE, CABLE, OR SPRINGS OR OTHER DEVICE SIMILAR IN DESIGN OR USE; AND TO AMEND SECTION 52-19-50, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH PERMITTING AND REGULATING

The following was introduced:

H. 4023 (Word version) -- Rep. Jefferson: A HOUSE RESOLUTION CONGRATULATING THE TIMBERLAND HIGH SCHOOL LADY WOLVES ON THEIR 2005 STATE AAA BASKETBALL TITLE, AND RECOGNIZING HEAD COACH CLEVE TOUCHBERRY AND HIS STAFF FOR THEIR SUCCESS IN BRINGING HOME THE FIRST GIRLS' STATE CHAMPIONSHIP TO THE BERKELEY COUNTY SCHOOL'S TROPHY CASE.

The Resolution was adopted.

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

H. 4024 (Word version) -- Rep. Jefferson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE TIMBERLAND HIGH SCHOOL LADY WOLVES BASKETBALL TEAM, HEAD COACH CLEVE TOUCHBERRY, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM ON THEIR 2005 STATE AAA BASKETBALL TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Timberland High School Lady Wolves Basketball Team, Head Coach Cleve Touchberry, and other school officials at a date and time to be determined by the Speaker, for

The Resolution was adopted.

The following was introduced:

H. 4025 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE NORMAN M. SCARBOROUGH, PROFESSOR AT PRESBYTERIAN COLLEGE IN CLINTON FOR HIS INVALUABLE CONTRIBUTIONS TO THE BUSINESS COMMUNITY AND FOR BEING NAMED PRESBYTERIAN COLLEGE'S 2005 PROFESSOR OF THE YEAR.

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

The following was introduced:

H. 4026 (Word version) -- Reps. Clark and Toole: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. LISA SWICK OF CHAPIN FOR HER SELECTION AS "MRS. SOUTH CAROLINA AMERICA 2004" DURING THE LEGISLATIVE INTERIM AND TO COMMEND HER FOR THE MANNER IN WHICH SHE HAS REPRESENTED SOUTH CAROLINA AND PROMOTED FAMILY VALUES DURING HER REIGN.

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

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

H. 4027 (Word version) -- Reps. Harrell and Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH THE RESULTS OF A REVIEW OF THE LAW IMPLEMENTING ARTICLE X, SECTION 13(6)(c) OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.

Whereas, the General Assembly has conducted and completed a review of the currently outstanding general obligation indebtedness of this State and the applicable debt limit; and

Whereas, the currently applicable debt limit under Article X, Section 13(6)(c) is six percent, comprising five percent for general obligation bonds as described in Article X, Section 13(6)(c), one-half percent for Economic Development General Obligation Bonds as described in Chapter 41 of Title 11 of the 1976 Code, and one-half percent for Research University Infrastructure General Obligation Bonds as described in Chapter 51 of Title 11 of the 1976 Code. Now, therefore,

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

That the General Assembly hereby determines that such debt limit shall not be amended or repealed as a result of this review.

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

The following was introduced:

H. 4028 (Word version) -- Reps. Anderson, Agnew, Allen, Altman, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks,

The Resolution was adopted.

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

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Norman

Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
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                  White                  Whitmire
Wilkins                Witherspoon            Young

I came in after the roll call and was present for the Session on Tuesday, May 3.

Mack Hines                        Denny Neilson
Jackson "Seth" Whipper
David Mack   Becky Martin

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

The SPEAKER granted Rep. HARVIN a leave of absence for the week due to illness.

Announcement was made that Dr. William B. Jones of Greenville is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member

Bill Number:   H. 3307 (Word version)
Date:   ADD:
05/03/05   ALTMAN

Bill Number:   H. 3362 (Word version)
Date:   ADD:
05/03/05   ALTMAN

Bill Number:   H. 3928 (Word version)
Date:   ADD:
05/03/05   ALTMAN

Bill Number:   H. 3457 (Word version)
Date:   ADD:
05/03/05   ALTMAN

Bill Number:   H. 3907 (Word version)
Date:   ADD:
05/03/05   ALTMAN

Bill Number:   H. 4011 (Word version)
Date:   ADD:
05/03/05   CHELLIS

Bill Number:   H. 3714 (Word version)
Date:   ADD:
05/03/05   CHELLIS

Bill Number:   H. 3986 (Word version)
Date:   ADD:
05/03/05   R. BROWN

Bill Number:   H. 3988 (Word version)
Date:   ADD:
05/03/05   R. BROWN

Bill Number:   H. 3437 (Word version)
Date:   ADD:
05/03/05   BOWERS

Rep. TALLEY moved to adjourn debate upon the following Bill until Tuesday, May 10, which was adopted:

H. 4014 (Word version) -- Reps. Talley, Anthony, Davenport, Lee, Littlejohn, W. D. Smith and Walker: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING SPARTANBURG COUNTY TO THE GOVERNING BODY OF SPARTANBURG COUNTY AND TO PROVIDE THAT THE APPOINTMENT OF MAGISTRATES IS NOT AFFECTED BY THE PROVISIONS OF THIS ACT.

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

H. 3227 (Word version) -- Reps. Littlejohn, Mahaffey, Clark, Townsend, Miller, Anthony, Pinson, Umphlett, J. Brown, Bailey, Bowers and Whipper: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.

Rep. LITTLEJOHN moved to adjourn debate on the Bill until Wednesday, May 4, which was agreed to.

The following Bill was taken up:

H. 3984 (Word version) -- Reps. Leach, Haskins, G. M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey,

Rep. RUTHERFORD proposed the following Amendment No. 8 (Doc Name COUNCIL\NBD\11767AC05), which was tabled:
Amend the bill, as and if amended, Section 22-5-910(A)(3) page 8, line 32 after /conviction/ by adding:
/or which may be expunged one year after a defendant pleads guilty, successfully completes a batterer's treatment program approved by the Department of Social Services, and has no convictions for an offense contained in Chapter 25 of Title 16 during that one-year period./
Amend the bill further, Section 22-5-910(B) page 8, line 34 after /period/ by inserting /or the one-year period/
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.
Rep. COBB-HUNTER spoke against the amendment.

Rep. RUTHERFORD proposed the following Amendment No. 9 (Doc Name COUNCIL\MS\7471AHB05):
Amend the bill, as and if amended, by deleting in its entirety Section 16-25-20(B), (C), and (D), as contained in SECTION 4, page 3, beginning on line 32, and inserting:
/ (B)   Except as otherwise provided in this section, a person who violates subsection (A) is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence fine conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection may be tried in magistrates court.
(C)   A person who violates subsection (A) and who has been convicted of a violation of that subsection or of Section 16-25-65 within the previous ten years is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five hundred thousand dollars and imprisoned not more than thirty days one year. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense pursuant to the provisions of this subsection may be tried in magistrates court.
(D)   A person who violates subsection (A) after previously having been convicted of two violations of subsection (A) within the previous ten years or two violations of Section 16-25-65 within the previous ten years or a violation of subsection (A) and a violation of Section 16-25-65 within the previous ten years is guilty of a misdemeanor felony and, upon conviction, must be imprisoned not less than ninety days but not more than three five years. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers. /

Rep. RUTHERFORD explained the amendment.

Rep. RUTHERFORD continued speaking.

Rep. RUTHERFORD continued speaking.
Rep. RUTHERFORD spoke in favor of the amendment.

Rep. LEACH moved cloture on the entire matter, which was not agreed to by a division vote of 41 to 46.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 9, Rep. RUTHERFORD having the floor.

On motion of Rep. PARKS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:

H. 3915 (Word version) -- Reps. Pinson, Parks, Anthony and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.

Rep. LOFTIS asked unanimous consent to recall H. 3225 (Word version) from the Committee on Education and Public Works.
Rep. WALKER objected.

On motion of Rep. COTTY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL TAXES, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK AND TO PROVIDE FOR DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2003 2004; TO AMEND SECTION 12-36-90, RELATING TO THE GROSS PROCEEDS OF SALE, SO AS TO EXEMPT THE EXCISE TAX FOR ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTIONS 61-4-120, 61-4-570, 61-4-770, AND 61-4-1720, RELATING TO PROVISIONS

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

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

Rep. LIMEHOUSE moved to adjourn debate upon the Senate Amendments until Wednesday, May 4, which was agreed to.

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

H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER

Rep. LIMEHOUSE moved to adjourn debate upon the Senate Amendments until Wednesday, May 4, which was agreed to.

The following Bill was taken up:

H. 3525 (Word version) -- Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer, G. Brown and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE PAYMENT OF AN ASSESSMENT LEVIED AGAINST THE PROPERTY.

Rep. SCOTT moved to table the Bill.

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

Those who voted in the affirmative are:

Agnew                  Brady                  J. Brown
Clyburn                Funderburk             J. Hines
Howard                 Jefferson              Kirsh
Lucas                  McGee                  McLeod
J. H. Neal             Ott                    Parks
Rivers                 Rutherford             Scott
Skelton                G. R. Smith            J. E. Smith
Thompson               White

Allen                  Anthony                Bailey
Ballentine             Barfield               Battle
Bingham                Bowers                 Cato
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Delleney               Frye                   Haley
Hamilton               Hardwick               Harrison
Haskins                Hayes                  Hosey
Huggins                Leach                  Limehouse
McCraw                 Merrill                Neilson
Norman                 Perry                  Phillips
Rhoad                  Rice                   Sandifer
Scarborough            D. C. Smith            F. N. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Stewart                Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  Whitmire               Wilkins
Witherspoon            Young

So, the House refused to table the Bill.

Rep. SCOTT moved to continue the Bill.

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

Those who voted in the affirmative are:

Agnew                  Brady                  R. Brown
Clyburn                Delleney               Emory
Funderburk             Hamilton               J. Hines
Howard                 Jefferson              Kirsh
Lucas                  McLeod                 Miller
J. H. Neal             Parks                  Rutherford
Scarborough            Scott                  Skelton

G. R. Smith            J. E. Smith            Thompson
Weeks

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Ballentine             Barfield
Bingham                J. Brown               Cato
Chellis                Clark                  Cobb-Hunter
Cooper                 Dantzler               Frye
Haley                  Hardwick               Haskins
Hayes                  M. Hines               Hinson
Hosey                  Huggins                Kennedy
Leach                  Mahaffey               McCraw
Merrill                Neilson                Norman
Ott                    Perry                  Phillips
Rhoad                  Rice                   Rivers
Sandifer               Sinclair               D. C. Smith
F. N. Smith            J. R. Smith            W. D. Smith
Stewart                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

So, the House refused to continue the Bill.

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

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

The following was introduced:

H. 4029 (Word version) -- Reps. Taylor, M. A. Pitts and Duncan: A HOUSE RESOLUTION TO CONGRATULATE AND RECOGNIZE THE HONORABLE THOMAS ADAMS BABB OF LAURENS COUNTY,

The Resolution was adopted.

The Senate sent to the House the following:

S. 812 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO CONGRATULATE ROSEMARY MOORE OF SPARTANBURG UPON THE OCCASION OF HER RETIREMENT AS DIRECTOR OF OAKBROOK PREPARATORY SCHOOL AFTER THIRTEEN YEARS OF DEDICATED SERVICE AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.

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

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

H. 4030 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 23-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO PROVIDE THAT A PERSON WHO HAS SERVED AS A STATE CONSTABLE FOR AT LEAST TEN YEARS MEETS THE TRAINING AND EXPERIENCE QUALIFICATIONS FOR THE OFFICE OF SHERIFF.
Referred to Committee on Judiciary

At 1:15 p.m. the House, in accordance with the motion of Rep. HINSON, adjourned in memory of Thompson Connor Wofford, father-in-law of former Representative Sandra S. Wofford, to meet at 10:00 a.m. tomorrow.

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