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


Printed Page 1706 . . . . . Tuesday, March 21, 2006

Tuesday, March 21, 2006
(Statewide Session)

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 Psalm 138:8: "The Lord will fulfill his purpose for me."
Let us pray. We give thanks to You Lord, for leading us through difficult and rough times. Continue to guide these Representatives and staff through days of rough seas and difficulties. Only by Your hand are we led through the maze of challenges and frustrations. Look in favor upon our Nation, President, State, Governor and leaders. Protect and keep safe our defenders of freedom as they protect us. In the name of our Lord, we pray. Amen.

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

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

MOTION ADOPTED

Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Lieutenant Colonel Thomas Alexander, Jr., of Camden, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of James Murray, father of House employee Juanita Levy.

R. 249, H. 4294--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

March 20, 2006
The Honorable Robert Harrell, Jr.
Speaker of the House of Representatives


Printed Page 1707 . . . . . Tuesday, March 21, 2006

Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby vetoing and returning without my approval H. 4294, R. 249.

H. 4294 (Word version) would direct the Budget and Control Board to transfer ownership of a National Guard armory in Bamberg and one in Lake City to their respective city governments.

I am vetoing H. 4294, R. 249 because it allows the State to give away surplus property, depriving state taxpayers of both the benefit of that property and the clarity of the budget process that they are entitled to. This has been a long-standing concern of mine. In 1999, I offered an amendment to the National Defense Authorization Act that would have stopped the Defense Department practice of giving away surplus equipment to local government. I refused to sign similar bills that came to my desk in 2003, and subsequently announced at a meeting of the Budget and Control Board that I would veto future such conveyances. In 2005, I vetoed conveyances of National Guard armories in Inman, Jonesville and Lockhart.

I sincerely believe that if we are to make good decisions in government, they need to reflect reality. Conveyances like the ones in this joint resolution frustrate attempts to create clear budgets that reflect economic reality. When the State gives away "free stuff" to local government, or vice versa, it makes it more difficult for regular taxpayers to get an accurate picture of the basket of goods each portion of their tax burden - local, state and federal - is actually purchasing. In this particular case, the cost of state government will appear higher than it really is; the cost of local government will appear lower than it really is. The fundamental principles of prudent property management and of transparency in government each require that the State receive fair consideration for the transfer of surplus state property. This joint resolution fails to do that.

Therefore, I am returning H. 4294, R. 249 to you without my signature.

Sincerely,
Mark Sanford
Governor


Printed Page 1708 . . . . . Tuesday, March 21, 2006

R. 249, H. 4294--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R249) H. 4294 (Word version) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BAMBERG, SOUTH CAROLINA, TO THE CITY OF BAMBERG AND OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN LAKE CITY, SOUTH CAROLINA, TO THE CITY OF LAKE CITY.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 2; Nays 0

Those who voted in the affirmative are:

Branham                Rhoad

Total--2

Those who voted in the negative are:

Total--0

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 15, 2006
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an interim appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.


Printed Page 1709 . . . . . Tuesday, March 21, 2006

STATEWIDE APPOINTMENT

State Ethics Commission
Term Commencing: June 30, 2003
Term Expiring: June 30, 2008
Seat: 5th Congressional District
Vice: Duane Hanson (Resigned)

Initial Appointment
Mr. Robert A. Bruce
Kanawha Insurance Company
210 South White Street
Lancaster, South Carolina 29720
800-635-4252 Ext. 5388

Respectfully,
Mark Sanford
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

INTRODUCTION OF BILLS

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

H. 4810 (Word version) -- 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, 2006; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference

H. 4811 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 2005-2006 GENERAL FUND REVENUE.
Without Reference


Printed Page 1710 . . . . . Tuesday, March 21, 2006

H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.
Without Reference

H. 4855 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3040, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4856 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4857 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 3002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4858 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3025, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference


Printed Page 1711 . . . . . Tuesday, March 21, 2006

H. 4865 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO AGREEMENTS WITH FOREIGN COUNTRIES FOR THE CONFINEMENT OF INMATES CONVICTED OF DRUG RELATED OFFENSES, OR OFFENSES RELATED TO THE SEXUAL ABUSE OF CHILDREN.
Referred to Committee on Judiciary

S. 616 (Word version) -- Senators Knotts, Grooms, Williams, McConnell, Mescher, Matthews, Scott and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION EITHER BEFORE OR AFTER A NINETY-DAY PERIOD OF CONTINUED COHABITATION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT.
Referred to Committee on Judiciary

S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO REVISE CERTAIN EXIT EXAMINATION REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A


Printed Page 1712 . . . . . Tuesday, March 21, 2006

DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TEST TO END-OF-YEAR ASSESSMENT; TO AMEND SECTION 59-28-200, RELATING TO THE DEVELOPMENT OF INFORMATIONAL MATERIALS, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TESTS TO STATEWIDE ASSESSMENTS; AND TO REPEAL CHAPTER 30 OF TITLE 59 RELATING TO THE BASIC SKILLS ASSESSMENT PROGRAM.
Referred to Committee on Education and Public Works

S. 1033 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 40-11-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, INCLUDING THE SWIMMING POOL, SUBCLASSIFICATION UNDER THE GENERAL CONTRACTOR SPECIALTY CLASSIFICATION, SO AS TO PROVIDE THAT WORK UNDER THIS SUBCLASSIFICATION DOES NOT REQUIRE AN EXAMINATION FOR PREFABRICATED OR RESIDENTIAL


Printed Page 1713 . . . . . Tuesday, March 21, 2006

ABOVEGROUND POOLS AND THAT SUCH A SUBCLASSIFICATION LICENSE IS NOT REQUIRED TO APPLY PAINT OR SEALANT TO THE INSIDE OF A POOL OR SPA OR TO POOL DECKS.
Referred to Committee on Labor, Commerce and Industry

S. 1233 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1234 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 4859 (Word version) -- Reps. Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, 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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks,


Printed Page 1714 . . . . . Tuesday, March 21, 2006

Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. JESSIE LOU MARTIN OF GALIVANT'S FERRY UPON HER RECEIPT OF THE 2006 HORRY COUNTY RURAL LADY OF THE YEAR AWARD.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1249 (Word version) -- Senators Sheheen, Short and Gregory: A CONCURRENT RESOLUTION URGING DUKE POWER COMPANY TO WORK IN CONJUNCTION AND COORDINATION WITH THE STATE OF SOUTH CAROLINA TO PROTECT AND PRESERVE LANDS SURROUNDING AND IMPACTED BY THE PRODUCTION OF HYDROELECTRIC POWER ON LAKE WATEREE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1252 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SPAN BRIDGE OVER THE INTRACOASTAL WATERWAY THAT CROSSES HIGHWAY 9 IN HORRY COUNTY IN HONOR OF J. BRYAN FLOYD, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. BRYAN FLOYD BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 1715 . . . . . Tuesday, March 21, 2006

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1253 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE OUTSTANDING CONTRIBUTIONS OF THE CIVILIAN CONSERVATION CORPS TO THE BEAUTY AND PRESERVATION OF THE SOUTH CAROLINA LANDSCAPE, AND TO DESIGNATE MARCH 31, 2006, AS "CCC RECOGNITION DAY".

Whereas, on March 9, 1933, President Franklin D. Roosevelt called the 73rd Congress into emergency session to propose a program to address rampant unemployment and the destruction and erosion of our nation's natural resources by recruiting thousands of unemployed young men for a peacetime conservation and natural resources army, which came to be known as "Roosevelt's Tree Army"; and

Whereas, the President's plan was adopted and the Civilian Conservation Corps (CCC) was established upon the signing of the Emergency Conservation Work Act by the President on March 31, 1933; and

Whereas, from President Roosevelt's inauguration on March 4, 1933, to the induction of the first enrollee in the CCC on April 7th, only 37 days had elapsed and Roosevelt was well on his way to fulfilling his promise that he would have 250,000 men in camps by the end of July 1933; and

Whereas, the first CCC Camp opened on April 14, 1933, housing "Roosevelt's Tree Army" and thousands more followed, with more than one hundred camps operating in South Carolina alone; and

Whereas, between 1933 and 1942, more than three million men, including veterans, young adults, and Native Americans, worked on CCC projects in America in forest protection, conservation and natural resource development, and defense work on military reservations; and

Whereas, there was hardly a state that couldn't boast of permanent projects left as markers in the passage of "Roosevelt's Tree Army", and among the many CCC achievements was the planting of over 3 billion trees, development of over 800 state parks, several of which were built


Printed Page 1716 . . . . . Tuesday, March 21, 2006

in South Carolina, building of 46,854 bridges, improvement of 3,462 beaches, and building 27,191 miles of fences; and

Whereas, more than 100,000 industrious, skilled workers served in CCC camps located in all regions of South Carolina, many settling in the State during and after the Depression; and

Whereas, the product of the proficient labor of the dedicated men of the CCC continues to enrich and fortify the beauty, natural resources, and economic development of communities in South Carolina and across the United States; and

Whereas, the work of the CCC enrollees complemented the establishment of significant South Carolina landmarks and helped to preserve natural resources from erosion, woodland disease, and wildlife damage in state parks, fish hatcheries, and national military parks; and

Whereas, the State of South Carolina and its citizens are indebted to the remarkable efforts and accomplishments of the thousands of workers who served in the CCC program in South Carolina. Now, therefore,

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

That the members of the General Assembly of South Carolina, by this resolution, honor and recognize the outstanding contributions of the Civilian Conservation Corps to the beauty and preservation of the South Carolina landscape and designate March 31, 2006, as "CCC Recognition Day".

Be it further resolved that a copy of this resolution be forwarded to Walter Atwood, President of the National Association of Civilian Conservation Corps.

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


Printed Page 1717 . . . . . Tuesday, March 21, 2006

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1257 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO HONOR GREAT FALLS HIGH SCHOOL BASKETBALL COACH JOHN SMITH FOR HIS OUTSTANDING CONTRIBUTIONS TO THE LIVES OF COUNTLESS STUDENT ATHLETES, AND TO CONGRATULATE HIM ON HIS EXTRAORDINARY RECORD-BREAKING 744 WINS IN HIS THIRTY-SEVEN YEARS AS A COACH.

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

HOUSE RESOLUTION

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

H. 4860 (Word version) -- Reps. Rhoad, Govan, Ott and Cobb-Hunter: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE HUNTER-KINARD-TYLER LADY TROJANS GIRLS BASKETBALL TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR OUTSTANDING WIN OF THE CLASS A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the players, coaches, and school officials of the Hunter-Kinard-Tyler Lady Trojans Girls Basketball Team, at a date and time to be determined by the Speaker, for the purpose of congratulating them for their outstanding win of the Class A State Championship Title.

The Resolution was adopted.


Printed Page 1718 . . . . . Tuesday, March 21, 2006

HOUSE RESOLUTION

The following was introduced:

H. 4861 (Word version) -- Reps. Rhoad, Govan, Ott and Cobb-Hunter: A HOUSE RESOLUTION TO CONGRATULATE THE HUNTER-KINARD-TYLER LADY TROJANS GIRLS BASKETBALL TEAM FOR ITS OUTSTANDING WIN OF THE CLASS A STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACH, TONIA YOUNG, ON AN EXCEPTIONAL SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4862 (Word version) -- Reps. Townsend and Agnew: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE STUDENTS, COACHES, AND SCHOOL OFFICIALS OF THE CRESCENT HIGH SCHOOL BOYS WRESTLING TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON WINNING THE 2006 CLASS AA-A STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the students, coaches, and school officials of the Crescent High School Boys Wrestling Team on a date and at a time to be determined by the Speaker to congratulate them on winning the 2006 Class AA-A State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4863 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn,


Printed Page 1719 . . . . . Tuesday, March 21, 2006

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, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE MR. HASHAM PAUL KHOURY OF RICHLAND COUNTY ON THE OCCASION OF HIS NINETIETH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF GOOD HEALTH, HAPPINESS, AND JOY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4864 (Word version) -- Reps. Townsend and Agnew: A CONCURRENT RESOLUTION TO CONGRATULATE THE CRESCENT HIGH SCHOOL BOYS WRESTLING TEAM FOR WINNING THE 2006 CLASS AA-A STATE CHAMPIONSHIP.

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

ROLL CALL

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

Agnew                  Anderson               Anthony
Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowers                 Brady

Printed Page 1720 . . . . . Tuesday, March 21, 2006

Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
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
Hodges                 Howard                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   Viers
Walker                 Weeks                  White
Whitmire               Witherspoon            Young


Printed Page 1721 . . . . . Tuesday, March 21, 2006

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 21.

Lonnie Hosey
Seth Whipper                      Karl Allen

Total Present--120

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan of Florence 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. 4488 (Word version)
Date:   ADD:
03/21/06   MITCHELL

CO-SPONSOR ADDED

Bill Number:   H. 4381 (Word version)
Date:   ADD:
03/21/06   MITCHELL


Printed Page 1722 . . . . . Tuesday, March 21, 2006

CO-SPONSOR REMOVED

Bill Number:   H. 4660 (Word version)
Date:   REMOVE:
03/21/06   CEIPS

RECORD FOR VOTING

I wish to be recorded as voting in favor of H. 4595.

Rep. Ted Vick

H. 4572--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6,


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SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360 ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.

Rep. WITHERSPOON explained the Bill.

Rep. PHILLIPS requested debate on the Bill.

Rep. WITHERSPOON continued speaking.

Reps. COLEMAN, KENNEDY, ANTHONY, MAHAFFEY, MCLEOD, WEEKS, DUNCAN, M. A. PITTS, WALKER, WITHERSPOON, J. H. NEAL, OTT, TOOLE, RHOAD, MACK, OWENS, BREELAND and DAVENPORT requested debate on the Bill.

H. 4660--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Wednesday, April 5, which was adopted:

H. 4660 (Word version) -- Reps. Witherspoon, Loftis, Frye, Clemmons, Barfield, Clark, Edge, Hardwick, Harrison and Ott: A BILL TO AMEND SECTION 48-39-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO COASTAL TIDELANDS AND WETLANDS, SO AS TO DEFINE THE TERM "POOL".

ORDERED TO THIRD READING

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

S. 511 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF INSURANCE PROCEEDS TO RECONSTRUCT DAMAGED PROPERTY GOVERNED BY THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE FOR REPAIR OR RECONSTRUCTION UPON A VOTE OF EIGHTY PERCENT OF THE CO-OWNERS, OR MORE, IF REQUIRED BY


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THE PROPERTY BYLAWS, AND TO PROVIDE, FURTHER, FOR DISTRIBUTION OF INSURANCE PROCEEDS.

Rep. HUGGINS explained the Bill.

H. 4671--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4671 (Word version) -- Reps. G. M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO


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THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DECISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM FOR THE TERMS "HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE

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DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.

Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7192AHB06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   ___. Section 1-23-540 of the 1976 Code is amended to read:

"Section 1-23-540.   The chief judge (Seat 1) shall receive as annual salary equal to ninety percent of that paid to the circuit family court judges of this State. The remaining judges shall receive as annual salary equal to eighty ninety-five percent of that paid to the circuit court judges of this State chief judge (Seat 1). They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is authorized by law for circuit court judges. Each administrative law judge shall devote full time to his duties as an administrative law judge, and may not practice law during his term of office, nor may he during this term be a partner or associate with anyone engaged in the practice of law in this State." /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH 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.


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SENT TO THE SENATE

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

H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett, Vick and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. CATO.

H. 3630--DEBATE ADJOURNED

Rep. J. BROWN moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted:

H. 3630 (Word version) -- Reps. Whipper, Martin, J. H. Neal, Govan, Anderson, Bales, Barfield, Breeland, G. Brown, J. Brown, Clyburn, Davenport, Hardwick, M. Hines, Jefferson, Lee, Mack, Moody-Lawrence, Rutherford and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-25 SO AS TO REQUIRE A HOSPITAL TO GIVE PATIENTS BEING DISCHARGED FROM THE EMERGENCY ROOM, THE OPTION


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OF RECEIVING AT LEAST A TWENTY-FOUR HOUR SUPPLY OF ANY MEDICATIONS BEING PRESCRIBED.

H. 4350--RECOMMITTED

The following Bill was taken up:

H. 4350 (Word version) -- Reps. G. R. Smith, Hamilton, Vaughn, Leach and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-222 SO AS TO ALLOW CERTAIN PERSONS WHO WEAR BIOPTIC TELESCOPIC LENSES TO OBTAIN A DRIVER'S LICENSE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6730CM06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-222.   (A)   Notwithstanding the provisions contained in Section 56-1-220, a person diagnosed with low vision acuity who uses bioptic telescopic lenses for vision assistance may be issued a driver's license by the Department of Motor Vehicles if the person:

(1)   submits a vision report form that complies with subsection (B);

(2)   submits proof that the applicant has been trained to operate a motor vehicle while wearing bioptic telescopic lenses as evidenced by having successfully completed a driver-training course or program that meets the criteria listed in subsection (C) for such programs; and         (3)   meets all other qualifications for obtaining a driver's license, including passing the department administered road test wearing the bioptic telescopic lenses. A person applying for a driver's license pursuant to this section who fails to pass the road test after two attempts, before another test can be administered, must present certification of completion of another driver-training course or program that meets the criteria listed in subsection (C) dated at least thirty days from the date the second road test was administered.

(B)   An applicant for a driver's license who will use bioptic telescopic lenses for vision assistance while driving must submit a vision report form supplied by the department. The report must be completed by an optometrist or ophthalmologist qualified in the field of low vision care. The report must include the following information:


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(1)   the applicant's vital data;

(2)   a diagnosis of the applicant's visual condition and the date of the onset of his visual impairment;

(3)   the date the bioptic telescopic system was dispensed to the applicant;

(4)   certification by the low vision care professional that the applicant:

(a)   is not impaired in the movement of his eyes, head, or neck;

(b)   has normal color vision;

(c)   has visual acuity of at least 20/200 with the best conventional nontelescopic corrective lenses;

(d)   does not have central field vision loss that exceeds five degrees;

(e)   has visual acuity of at least 20/60 using the bioptic telescopic lenses;

(f)     has a horizontal visual field diameter of not less than one hundred fifty degrees without the use of field expanders;   and

(5)   a statement concerning the stability of the applicant's condition.

An applicant who is issued a driver's license pursuant to this section must have the low vision report updated annually by an optometrist or ophthalmologist and submit it to the department for review. The eye care professional that examines the applicant and completes the annual report must indicate at the top of the report whether the applicant's vision condition has deteriorated in any way so that the applicant no longer meets the requirements of subsection (B)(4).

The department shall review the annual report submitted by the applicant. If the report indicates that the applicant no longer meets the requirements of subsection (B)(4), the department will immediately revoke the license held by the applicant. In order to be issued a new valid license the applicant must retake the department administered road test.

(C)   A person applying for a driver's license pursuant to this section must complete successfully a driver-training course or program certified to train individuals to use bioptic telescopic lenses while operating a motor vehicle. To be certified as a bioptic telescopic lens driver-training course or program, the course or program must be administered by a certified driver rehabilitation specialist with a


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minimum of three years driver-training experience. The course or program must consist of the following minimum training requirements:

(1)   operating a motor vehicle under the supervision of a driving instructor for a minimum of thirty hours;

(2)   locating stationary objects within the telescopic field of view by aligning the object directly next to the telescopic lenses, and then moving the wearer's head and his eyes simultaneously to see the object with the telescope;

(3)   locating a moving object in a large field of vision by anticipating future movement, so that by moving the wearer's head and eyes in a coordinated fashion he can locate the moving object within the telescopic field; and

(4)   training in brief visual exposure with the deviation of exposure diminished constantly to simulate short-looking time while driving.

The applicant must apply for a driver's license and take the department road test within six months of having completed the bioptic lens driver-training program.

(D)   The following driving restrictions apply to a person who has been issued a driver's license pursuant to this section:

(1)   the driver may drive only during daylight hours, defined as after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the license holder may drive after six o'clock a.m. and no later than eight o'clock p.m.;

(2)   the driver is permitted to travel on noninterstate roads and highways only; and

(3)   the vehicle being operated by the driver must be equipped with both left and right side mirrors.

(E)   Nothing in this section permits an applicant who uses bioptic telescopic lenses for vision assistance to apply for a license to operate a motorcycle or a commercial driver's license."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. OWENS explained the amendment.

Rep. PERRY moved to recommit the Bill to the Committee on Education and Public Works.


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Rep. G. R. SMITH moved to table the motion.

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

Yeas 34; Nays 71

Those who voted in the affirmative are:

Anthony                Bannister              Battle
Bowers                 Coleman                Davenport
Delleney               Hagood                 Hamilton
Hayes                  Herbkersman            Hiott
Howard                 Kirsh                  Leach
Limehouse              Littlejohn             Loftis
McCraw                 McGee                  McLeod
Miller                 Moody-Lawrence         Owens
Phillips               Rice                   Rivers
Rutherford             Simrill                G. R. Smith
J. R. Smith            Taylor                 Vaughn
Walker

Total--34

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bailey                 Bales                  Ballentine
Barfield               Bingham                Brady
Breeland               G. Brown               J. Brown
Cato                   Chalk                  Chellis
Clark                  Clemmons               Cobb-Hunter
Cooper                 Cotty                  Dantzler
Duncan                 Edge                   Emory
Frye                   Funderburk             Haley
Hardwick               Harrison               Harvin
Haskins                Hinson                 Hodges
Hosey                  Huggins                Jefferson
Jennings               Mack                   Mahaffey
Martin                 Merrill                Mitchell
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Sandifer

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Scarborough            Scott                  Sinclair
D. C. Smith            Stewart                Talley
Thompson               Toole                  Townsend
Umphlett               Vick                   Viers
Weeks                  White                  Whitmire
Witherspoon            Young

Total--71

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Bill, which was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4665 (Word version) -- Reps. Duncan, M. A. Pitts and Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LITTLE RIVER ALONG SOUTH CAROLINA HIGHWAY 72 IN LAURENS COUNTY THE "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE" IN HONOR OF THE LITTLE RIVER REGIMENT WHICH WAS A GATHERING OF PATRIOTS OF THE OLDE 96 DISTRICT DURING THE AMERICAN REVOLUTIONARY WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE".

H. 4757 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, 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, Hodges, Hosey,


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Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2006 AS VOTER EDUCATION MONTH IN SOUTH CAROLINA FOR THE PURPOSE OF ENCOURAGING PEOPLE TO REGISTER TO VOTE AND FOR THE PURPOSE OF EDUCATING VOTERS ON THE STATE'S NEW VOTING MACHINES TO BE USED FOR THE FIRST TIME IN ALL COUNTIES.

H. 4789 (Word version) -- Reps. Funderburk, Coleman, Delleney, Cotty and Lucas: A CONCURRENT RESOLUTION URGING THE DUKE POWER COMPANY TO DEVELOP AND OPERATE ADEQUATE FLOOD CONTROL MANAGEMENT ON LAKE WATEREE FOR THE HEALTH, SAFETY, AND RECREATIONAL ENJOYMENT OF ALL SOUTH CAROLINIANS AS WELL AS FOR THE PROTECTION OF THIS SCENIC NATURAL RESOURCE AND THE BENEFITS IT PROVIDES.

ADJOURNMENT

At 1:15 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Lieutenant Colonel Thomas Alexander, Jr., of Camden, to meet at 10:00 a.m. tomorrow.

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