South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives

Tuesday, April 20, 2004
(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 Ecclesiastes 3:13: "That everyone may eat and drink, and find satisfaction in all his toil, this is the gift of God."
Let us pray. Blessed are You, O Lord God, for You are over all the rulers of the earth. Humble all who are in positions of authority. Raise up justice seekers and peacemakers and protect all people from abuse of power. Grant courage, wisdom, and integrity to our leaders in the State and Nation. Give to our defenders of freedom Your protection in times of danger. Comfort those who wait at home in their loneliness and anxiety. In the name of our Lord, Amen.

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

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

MOTION ADOPTED

Rep. WEEKS moved that when the House adjourns, it adjourn in memory of James Dudley of Sumter, which was agreed to.

MESSAGE FROM THE SENATE

Columbia, S.C., April 20, 2004
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.

REGULATION RECEIVED

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

Document No. 2900
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-65 and 59-65-90
Student Attendance
Received by Speaker of the House of Representatives
April 15, 2004
Referred to Education and Public Works Committee
Legislative Review Expiration August 13, 2004 (Subject to Sine Die Revision)

REPORTS OF STANDING COMMITTEE

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

H. 4470 (Word version) -- Reps. Harrison, Altman, Cotty, Kirsh and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-305 SO AS TO CREATE THE OFFENSE OF DEFRAUDING SECURED CREDITORS AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.

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

H. 4675 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS.
Ordered for consideration tomorrow.

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

H. 4785 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS THAT A BONDSMAN OR RUNNER MAY NOT PERFORM, SO AS TO PROVIDE THAT A BONDSMAN OR RUNNER MAY NOT RETRIEVE A BONDS LIST FROM A JAIL OR RETRIEVE ANY NAMES AND FAMILY RECORDS FROM ANY JAIL RECORDS; TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE ACTIVITIES OF BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THESE PROVISIONS HAS COMMITTED A CRIME OF MORAL TURPITUDE, TO RECLASSIFY A VIOLATION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE PENALTY.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5144 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-ONE SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2004 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.

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

HOUSE RESOLUTION

The following was introduced:

H. 5145 (Word version) -- Rep. Perry: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO AIKEN RESIDENTS ANNE CAMPBELL AND BILL REYNOLDS AND TO THE UNITED WAY OF AIKEN COUNTY AND AIKEN CENTER FOR THE ARTS FOR THEIR ROLES IN PRODUCING "HORSEPLAY", A PUBLIC ARTS FUNDRAISER, AND CONGRATULATING THEM ON THE THOUSANDS OF DOLLARS AND SMILES THE PROJECT ENGENDERED.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5146 (Word version) -- Rep. Tripp: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE AMANDA REEVES AND HER FAMILY FOR BEING NAMED THE 2004 NATIONAL AMBASSADOR FAMILY FOR THE MARCH OF DIMES AND TO COMMEND THE REEVES FAMILY FOR TRAVELING THE COUNTRY TO SHARE THEIR STORY AND TO PROMOTE AWARENESS OF PREMATURE BIRTH.

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

INTRODUCTION OF BILLS

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

H. 5147 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 58 SO AS TO ENACT THE SOUTH CAROLINA SPAM CONTROL ACT, PROVIDING FOR PROTECTION FROM FRAUDULENT TRANSMISSION AND ROUTING OF ELECTRONIC MAIL BY ESTABLISHING FELONIES FOR THE FALSIFICATION OF INFORMATION AS TO ORIGIN, HEADER, REGISTRATION OF DOMAIN NAMES, AND RIGHT TO USE PROTOCOL ADDRESSES, TO PROVIDE FOR INCREASED CRIMINAL PENALTIES FOR THE COMMISSION OF THOSE FELONIES IN AN AGGRAVATED MANNER AND TO DESCRIBE THE AGGRAVATING FACTORS, TO PROVIDE FOR INCREASED PENALTIES FOR VIOLATIONS IN CONNECTION WITH THE COMMISSION OF A FELONY, AND TO PROVIDE FOR FORFEITURE OF REAL OR PERSONAL PROPERTY USED IN CONNECTION WITH VIOLATIONS OF THE CHAPTER, TO PROVIDE FOR CIVIL REMEDIES IN AN ACTION TO BE BROUGHT BY THE ATTORNEY GENERAL OR AN INTERNET SERVICE PROVIDER, INCLUDING DAMAGES, INJUNCTIVE RELIEF, AND CIVIL FINES, AND TO PROVIDE FOR PERSONAL JURISDICTION IN THIS STATE AND INVESTIGATIVE AUTHORITY IN THE ATTORNEY GENERAL AND THE JUDICIAL CIRCUIT SOLICITORS; AND TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO REFERENCE THE REQUIREMENTS OF THIS CHAPTER AND TO PROVIDE FOR THE CRIME OF THE FALSIFICATION OF INFORMATION IN CONNECTION WITH A COMMERCIAL ELECTRONIC MESSAGE TRANSMISSION.
Referred to Committee on Judiciary

H. 5151 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 12-21-3920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF A "PROMOTER"; TO AMEND SECTION 12-21-3940, RELATING TO LICENSES TO CONDUCT BINGO, SO AS TO REVISE THE TIME THE DEPARTMENT OF REVENUE HAS TO APPROVE OR REJECT LICENSE APPLICATIONS; TO AMEND SECTION 12-21-3950, AS AMENDED, RELATING TO A PROMOTER'S LICENSE, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF AN APPLICATION FOR A PROMOTER'S LICENSE; TO AMEND SECTION 12-21-3970, RELATING TO A PROMOTER'S LICENSE REQUIRED FOR EACH LICENSEE, SO AS TO PROVIDE THAT BEFORE A LICENSED NONPROFIT ORGANIZATION ALLOWS AN INDIVIDUAL OR ENTITY TO MANAGE, OPERATE, OR CONDUCT ITS BINGO GAME, THE ORGANIZATION SHALL ENSURE THAT THE INDIVIDUAL OR ENTITY FIRST OBTAINS A PROMOTER'S LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROVIDE THAT A NUMBER IS NOT VALID FOR A GAME UNTIL IT IS CALLED, AND TO PROVIDE THAT WHEN THE CALLER ANNOUNCES A GAME IS CLOSED, ALL PLAY FOR THAT GAME IS CONCLUDED; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO PROCEDURES APPLICABLE TO CONDUCT OF BINGO, SO AS TO FURTHER PROVIDE FOR THESE PROCEDURES; TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO CLASSES OF BINGO LICENSES AND TAXES, SO AS TO PROVIDE THAT CLASS C BINGO GAMES MAY, BUT ARE NOT REQUIRED TO, HAVE A PROMOTER, AND TO REVISE THE MANNER IN WHICH CLASS C BINGO GAMES MAY BE CONDUCTED AND CERTAIN REQUIREMENTS RELATING TO CLASS C LICENSES; TO AMEND SECTION 12-21-4050, RELATING TO ALLOWING ONLY ONE ORGANIZATION TO OPERATE BINGO PER BUILDING, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE LAWFUL OPERATION OF ADDITIONAL LICENSED BUSINESSES RELATED TO THE PLAY OF BINGO; TO AMEND SECTION 12-21-4080, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A PROMOTER TO TURN OVER PROCEEDS AND THE MEMBER TO DEPOSIT PROCEEDS, SO AS TO PROVIDE THAT DEPOSITS MADE BY ELECTRONIC FUNDS TRANSFER MUST BE MADE WITHIN THREE BUSINESS DAYS; TO AMEND SECTION 12-21-4140, RELATING TO BINGO PENALTIES, SO AS TO REVISE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 12-21-4190, RELATING TO BINGO CARD CHARGES AND DISTRIBUTION OF REVENUES, SO AS TO REVISE CHARGES WHICH MAY BE MADE BY THE DEPARTMENT OF REVENUE FOR CERTAIN LICENSES EXCLUDING CLASS C LICENSES; TO AMEND SECTION 12-21-4210, AS AMENDED, RELATING TO THE SALE OR TRANSFER OF BINGO CARDS, SO AS TO PROVIDE THAT CARDS HELD BY A CLASS C LICENSEE THAT CONVERTS TO A CLASS B LICENSE SHALL BE AUDITED AND A TRANSFER TAX PAID; TO AMEND SECTION 12-21-4240, RELATING TO LICENSES TO MANUFACTURE, DISTRIBUTE OR USE BINGO CARDS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS PERTAINING TO LICENSED MANUFACTURERS AND DISTRIBUTORS, AND FOR PROCEDURES PERTAINING TO THESE LICENSES.
Referred to Committee on Ways and Means

S. 1075 (Word version) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.
Referred to Committee on Ways and Means

S. 1114 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN BARNWELL COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. HOSEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1123 (Word version) -- Senator Malloy: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. LUCAS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1141 (Word version) -- Senators Malloy and Leatherman: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. LUCAS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1142 (Word version) -- Senators Malloy, Glover, Elliott and Leatherman: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MARLBORO COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1143 (Word version) -- Senators Malloy, Land and Leventis: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEE COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1149 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO BARRIER FREE DESIGN, BUILDING CODES COUNCIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 1150 (Word version) -- Senators Setzler, Knotts and Cromer: A BILL TO ESTABLISH THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT, TO PROVIDE FOR THE MEMBERSHIP OF THE GOVERNING BOARD, AND TO PROVIDE FOR THE ELECTION OF THE CHAIR AND VICE CHAIR.
On motion of Rep. KOON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1159 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO SUSPEND THE APPLICATION OF THE DECEMBER FIRST DEADLINE FOR RECEIVING THE APPOINTMENT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FOR THE 2004 APPOINTMENT ONLY AND WITHOUT CREATING A PRECEDENT FOR DELAYED RECEIPT OF SUBSEQUENT APPOINTMENTS FOR THIS POSITION.
On motion of Rep. HARRISON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 5148 (Word version) -- Reps. J. E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, 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, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA DISTRICT 7770 AND AUSTRALIA DISTRICT 9640 OF ROTARY INTERNATIONAL FOR THEIR EFFORTS IN PROMOTING INTERNATIONAL GOODWILL THROUGH THEIR EXCHANGE PARTNERSHIP UNDER THE ROTARY GROUP STUDY EXCHANGE PROGRAM.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5149 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE COACH RICHARD "DICKIE" MCCUTCHEN OF ROBERT E. LEE ACADEMY FOR HIS THIRTY-FOUR YEARS OF DEDICATED SERVICE, TO THANK HIM FOR HIS COMMITMENT TO EDUCATION, AND TO EXTEND BEST WISHES TO HIM UPON HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5150 (Word version) -- Rep. J. Hines: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE DR. SIDNEY GRIFFIN OF LAMAR FOR HIS DEDICATION TO THE FIELD OF MEDICINE AND HIS COMMITMENT TO EDUCATING SOUTH CAROLINIANS ABOUT ORGAN DONATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5152 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ROBERT WAYNE "ROBBIE" COOKSEY OF SPARTANBURG, FOR HIS ACHIEVEMENTS IN WRESTLING AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

HOUSE RESOLUTION

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

H. 5153 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO ROBERT WAYNE "ROBBIE" COOKSEY OF SPARTANBURG AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO RECOGNIZE HIM FOR HIS ACHIEVEMENTS IN WRESTLING.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to Robert Wayne "Robbie" Cooksey of Spartanburg, at a date and time to be determined by the Speaker, to recognize him for his achievements in wrestling.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1047 (Word version) -- Senators Alexander, Mescher, Moore, Martin, Hayes, O'Dell and Waldrep: A CONCURRENT RESOLUTION TO URGE PRESIDENT GEORGE W. BUSH AND HIS ADMINISTRATION TO TAKE CERTAIN ACTIONS TO PROHIBIT OR REDUCE THE PRACTICE OF INTERNATIONAL CURRENCY MANIPULATION.

Whereas, Article IV of the International Monetary Fund (IMF) Agreement states that members should "avoid manipulating exchange rates . . . in order . . . to gain an unfair competitive advantage over other members"; and

Whereas, certain East Asian countries have demonstrated a pattern of large scale purchases of foreign exchange, principally in dollars, to keep their exchange rates lower than if they were subject to market forces alone, thereby artificially inflating the value of the dollar; and

Whereas, the total United States trade deficit was approximately $435.7 billion in 2002; and

Whereas, the United States trade deficit increased approximately 18% in 2002; and

Whereas, the United States exports fell 2.7% in 2002 to $972 billion; and

Whereas, approximately $100 billion, or about one quarter to the total United States trade deficit, can be attributed to currency manipulation; and

Whereas, as of 2002, the value of goods imported to the United States from China is five times more than the value of the United States goods exported to China, resulting in a bilateral trade deficit of approximately $103 billion, almost 25% of the total United States trade deficit; and

Whereas, as of 2002, the value of goods imported to the United States from Japan is two times more than the value of the United States goods exported to Japan, resulting in a bilateral trade deficit of approximately $70 billion, approximately 16% of the total United States trade deficit; and

Whereas, as of 2002, the value of goods imported to the United States from South Korea exceeded the value of the United States goods exported to South Korea, resulting in a bilateral trade deficit of approximately $13 billion, approximately 3% of the total United States trade deficit; and

Whereas, as of 2002, the value of goods imported to the United States from Taiwan exceeded the value of the United States goods exported to Taiwan, resulting in a bilateral trade deficit of approximately $14 billion, approximately 3.2% of the total United States trade deficit; and
Whereas, currency manipulations have become a significant barrier to United States exports to China, Japan, Taiwan, and Korea, causing prices for Asian goods to fall dramatically, thereby preventing exports to export markets; and

Whereas, China, which represents approximately $100 billion of the United States trade deficit for the year 2002, has an artificially low fixed exchange rate that boosts its exports and retards its imports; and

Whereas, Japan, Korea, and Taiwan, which represent another $100 billion of our trade deficit last year, have practiced multiple currency interventions in 2001 and 2002; and

Whereas, East Asian countries represent approximately 47% of the United States trade deficit for the year 2002; and

Whereas, currency manipulation has resulted in a significant depreciation of the Asian currency exchange rate lower than if it were based on market forces alone; and

Whereas, the result of currency manipulation is a larger trade deficit with certain East Asian countries and the loss of United States export-oriented and import-competing jobs; and

Whereas, more than 80% of the United States trade deficit will fall on the manufacturing sector; and

Whereas, since March 1998, manufacturing employment has declined by more than 2.3 million jobs; and

Whereas, between October 1, 2000, and April 30, 2001, more than eighty corporations announced their intentions to shift production to China; and

Whereas, the employment effects of these job losses and production shifts in manufacturing go well beyond the individuals who lose their jobs. Each time another company shuts down operations or moves overseas, it has a ripple effect on the wages of every other worker in that industry and community, through lowering wage demands, reducing the tax base, and reducing or eliminating hundreds of jobs in the related contracting, transportation, wholesale trade, professional, and service-sector employment in companies and business; and

Whereas, more than one in every ten American factory jobs has been lost in the last two years, much of which is directly attributable to export losses and to artificially low priced imports from countries that prevent market forces from determining exchange rates; and

Whereas, the United States record trade deficit and Asia's surging surplus could destabilize the global economy and must be corrected. Now, therefore,

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

That the members of the General Assembly urge President George W. Bush and his administration to take the following actions to prohibit or reduce the practice of international currency manipulation:

(1)   adopt a clear statement of United States policy that will actively seek to curb the ongoing manipulation of currency to gain an unfair competitive advantage through direct consultations with trading partners and IMF review procedures;

(2)   pursue the aforementioned policy within the Group of Seven (G-7) finance ministers, whose membership represents the principal international currencies;

(3)   pursue bilateral consultations with targeted currency manipulators;

(4)   approach the IMF to seek public reporting of currency intervention and to curtail currency manipulations; and

(5)   encourage filing a complaint within the World Trade Organization (WTO) dispute and settlement mechanism against recalcitrant currency manipulators.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States and each member of the South Carolina Congressional Delegation.

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. 1167 (Word version) -- Senators Anderson, Alexander, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO COMMEND THE ORGANIZATIONS AND INDIVIDUALS THAT HAVE JOINED TO MAKE STRONG COMMUNITIES AN IMPORTANT PART OF DAILY LIFE IN THE AREA THAT IT SERVES AND ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO JOIN IN THE OBSERVANCE OF CHILD ABUSE PREVENTION MONTH AND TO PARTICIPATE IN VOLUNTEER ACTIVITIES AND COMMUNITY EVENTS IN THE STRONG COMMUNITIES INITIATIVE.

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. 1168 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA DISTRICT 7770 AND AUSTRALIA DISTRICT 9640 OF ROTARY INTERNATIONAL FOR THEIR EFFORTS IN PROMOTING INTERNATIONAL GOODWILL THROUGH THEIR EXCHANGE PARTNERSHIP UNDER THE ROTARY GROUP STUDY EXCHANGE PROGRAM.

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

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Huggins
Keegan                 Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Richardson             Sandifer               Scarborough
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 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 Tuesday, April 20.

Karl Allen                        Lewis E. Pinson
John Scott                        Doug Smith
Douglas Jennings                  Jerry Govan
Todd Rutherford                   Fletcher Smith
Larry Koon                        Seth Whipper
Leon Howard                       James E. Stewart
Bill Cotty                        Brenda Lee
Gary Simrill

Total Present--118

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. David Gatti of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. RUTHERFORD presented to the House the Benedict College "Tigers" Mens Basketball Team, the 2004 Southern Intercollegiate Athletic Conference Champions, their coach and other school officials.

SPECIAL PRESENTATION

Rep. RUTHERFORD presented to the House the Benedict College "Tigers" Womens Basketball Team, the 2004 Southern Intercollegiate Athletic Conference Champions, their coach and other school officials.

CO-SPONSORS ADDED

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. 5043 (Word version)
Date:   ADD:
04/20/04   G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4924 (Word version)
Date:   ADD:
04/20/04   OWENS

H. 4924--DEBATE ADJOURNED

Rep. RICE moved to adjourn debate upon the following Bill until Wednesday, April 21, which was adopted:

H. 4924 (Word version) -- Reps. Witherspoon, Harrell, Cobb-Hunter, Battle, Martin, Kirsh, Viers, Rhoad, McGee, Hayes, Lucas, Whipper, Quinn, Jennings, Coleman, Snow, J. Hines, Bailey, Bales, Barfield, Branham, Breeland, G. Brown, R. Brown, Cato, Chellis, Clemmons, Coates, Cooper, Davenport, Delleney, Duncan, Edge, Emory, Frye, Hamilton, Harrison, Haskins, Herbkersman, M. Hines, Keegan, Kennedy, Koon, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, McCraw, Miller, J. M. Neal, Neilson, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rice, Richardson, Rivers, Sandifer, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stille, Townsend, Trotter, Vaughn, Walker, White, Young and Owens: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE.

H. 4904--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, April 21, which was adopted:

H. 4904 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD FOR REGISTERING AND LICENSING A MOTOR VEHICLE, THE ISSUANCE OF TEMPORARY LICENSE PLATES, SO AS TO REVISE THE CONTENTS OF A TEMPORARY LICENSE PLATE.

H. 4935--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4935 (Word version) -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5981CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 56-3-8600 of the 1976 Code, as added by Act 104 of 2001, is amended to read:

"Section 56-3-8600.   (A)   The Department of Motor Vehicles may issue "Ducks Unlimited" special motor vehicle license plates to members of Ducks Unlimited for owners of private passenger carrying motor vehicles or light pickup trucks having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which may have imprinted on them an emblem, seal, or symbol of the South Carolina Ducks Unlimited State Committee. The South Carolina Ducks Unlimited State Committee must submit to the department for its approval the emblem, seal, or symbol it wishes to display on the plates. The South Carolina Ducks Unlimited State Committee must submit to the department written authorization for use of any copy righted or registered logos, trademarks, or designs. The South Carolina Ducks Unlimited State Committee may request a change in the emblem, seal, or symbol not more than once every five years. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued. The fee for this special license the plate must be is the regular motor vehicle license registration fee contained in Article 5, Chapter 3 of this title that must be deposited in the state general fund and the a special motor vehicle license fee required by Section 56-3-2020 that must be deposited with the department of fifty dollars.

(B)   Notwithstanding any other provision of law, from the fees collected, pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the department in producing this license plate and administering the plates. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Ducks Unlimited State Committee for wetlands conservation projects in South Carolina. Any remaining funds must be administered by the South Carolina Ducks Unlimited State Committee and deposited in an appropriate nonprofit account designated by the South Carolina Ducks Unlimited State Committee.

(B)(C)   Before the Department of Motor Vehicles department produces and distributes a special license plate pursuant to authorized under this section, it must receive:

(1)   four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license the plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2)   a plan to market the sale of the special license plate which must be approved by the department.

(C)(D)   If the department receives less than three hundred biennial applications and renewals for a particular special license the plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

S. 512--DEBATE ADJOURNED

The following Bill was taken up:

S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5999CM04):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 56-1-2080(A) of the 1976 Code is amended to read:

"(A)(1)   No person may be issued a commercial driver driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR part 383, subparts G and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department.

(2)   The department may authorize a person, including an agency of this or another state, an employer, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section if:

(a)   the test is the same which otherwise would be administered by the department; and

(b)   the third party has entered into an agreement with the department which contains at least the following provisions:

(i)   authorization for the department or the Federal Highway Administration FMCSA or its representatives to conduct random examinations, inspections, and audits without prior notice and randomly test commercial driver's license applicants or holders. An applicant or holder who fails retesting shall lose his commercial driver's license;

(ii)   permission for the department or its representative to conduct onsite inspections at least annually;

(iii)   a requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests;

(iv)   authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the persons participating in the program.

(3)(a)   For purposes of determining eligibility to obtain or renew a commercial driver's license, and to the extent permitted by federal law and regulation, the term 'resident of this State' shall include persons authorized by the United States Citizenship and Immigration Services within the Department of Homeland Security to work in the United States. Upon application to obtain or renew a commercial driver's license a person must:

(i)   present valid immigration and employment authorization documents, in a form and manner specified by the department, indicating the person's intent to live and work in South Carolina; and

(ii)   submit criminal history reports conducted by the State Law Enforcement Division and the Federal Bureau of Investigation.

(b)   The person may not be issued an endorsement that authorizes the person to drive:

(i)   vehicles transporting hazardous materials;

(ii)   vehicles carrying passengers; or

(iii)   Department of Education school buses or school district-owned activity buses.

(c)   The person may not operate a commercial motor vehicle transporting intermodal containers.

(d)   The license must expire on the expiration date of the person's immigration and employment authorization document. However, in no event shall a license expire more than five years from the date of its issuance. In addition, a person pending adjustment of work status who presents appropriate documentation to the department must be granted a one-year license extension that is renewable annually."
SECTION   2.   Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-2005. The South Carolina Department of Motor Vehicles shall administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations as promulgated."
SECTION   3.   Section 56-1-10(11) of the 1976 Code, as last amended by Act 375 of 2000, is further amended to read:

"(11)   'Conviction' includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court means an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."
SECTION   4.   Section 56-1-630(3) of the 1976 Code is amended to read:

"(3)   'Conviction' means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any of these offenses, and which conviction or forfeiture is required to be reported to the licensing authority an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in a court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition or release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."
SECTION   5.   Section 56-1-2030(22) of the 1976 Code is amended to read:

"(22)   'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:

(a)   excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;

(b)   reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;

(c)   improper or erratic traffic lane changes;

(d)   following the vehicle ahead too closely; or

(e)   a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person. ;

(f)   driving a commercial motor vehicle without obtaining a commercial driver's license;

(g)   driving a commercial motor vehicle without a commercial driver's license in the driver's possession;

(h)   driving a commercial motor vehicle without the proper class of commercial driver's license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported."
SECTION   6.   Section 56-1-2100(F) of the 1976 Code is amended to read:

"(F)   Every person applying for renewal of a commercial driver driver's license shall complete the application form required by Section 56-1-2090(A), providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed again. Every applicant must take and pass the written test for hazardous material endorsement to obtain or retain the endorsement. The person shall submit to a vision test."
SECTION   7.   Section 56-1-2110(F) of the 1976 Code is amended to read:

"(F)   A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.

Offenses committed by commercial driver's license holders in a commercial or noncommercial vehicle must be considered pursuant to this subsection. As contained in this subsection, serious traffic violations are those contained in Section 56-1-2030(22) and 49 CFR 383.5.

(G)   As contained in this subsection, 'traffic violation' means the offenses contained in 49 CFR 383.51 (D) regarding driving disqualifications for violating railroad-highway grade crossing violations. A person is disqualified from driving a commercial motor vehicle pursuant to this subsection for not less than:

(1)   sixty days if convicted of a traffic violation committed in a commercial motor vehicle;

(2)   one hundred twenty days if convicted of two traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period; and

(3)   one year if convicted of three traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period."
SECTION   8.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended revision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   9.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. GILHAM explained the amendment.

Rep. SCOTT moved to adjourn debate on the Bill until Wednesday, April 21, which was agreed to.

H. 4735--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 21, which was adopted:

H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.

H. 4981--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4981 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROVISIONS REQUIRING MEAT INSPECTION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FROM INSPECTION REQUIREMENTS IN REGARD TO THE SLAUGHTER OF LIVESTOCK OF A PRODUCER'S OWN RAISING FOR HIS OWN USE.

Rep. FRYE proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21195SD04), which was adopted:
Amend the bill, as and if amended, by adding after /employees. / on line 31, page 1, /'Raising' shall mean born and raised on the premises or purchased from another source and fed or otherwise maintained by such person for not less than thirty days prior to slaughter by the person on his own premises./
Renumber sections to conform.
Amend title to conform.

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

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

H. 4980--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4980 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF VETERINARY INSPECTION FOR OUT-OF-STATE LIVESTOCK OR POULTRY ENTERING THIS STATE, AND THE QUARANTINE OF UNCERTIFIED ANIMALS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF LIVESTOCK-POULTRY HEALTH MAY AUTHORIZE ALTERNATIVE MEASURES WHICH IN HIS OPINION OFFER THE EQUIVALENT OR GREATER PROTECTION FOR THE LIVESTOCK INDUSTRY OF THIS STATE INCLUDING, BUT NOT LIMITED TO, EQUINE PASSPORT EVENT PERMITS.

Rep. BALES proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\2002MM04), which was tabled:
Amend the bill, as and if amended, Section 47-4-60 as found in SECTION 1, page 1, line 35, by inserting after the word /test./ the following:
/ Except that, a Coggins test result is valid for twenty-four months from the date the result is issued. A horse owner may transport a horse within this State for sale without a current negative Coggins test and the owner of the sales barn shall make available at the sale site a veterinary for the purpose of running the Coggins test." /
Renumber sections to conform.
Amend title to conform.

Rep. BALES explained the amendment.

Rep. WITHERSPOON spoke against the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 68; Nays 36

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Cooper                 Dantzler               Davenport
Delleney               Duncan                 Edge
Freeman                Frye                   Gilham
Hagood                 Hamilton               Harrell
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kennedy
Koon                   Leach                  Limehouse
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Merrill
Ott                    Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Talley                 Taylor                 Thompson
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Viers
White                  Whitmire               Wilkins
Witherspoon            Young

Total--68

Those who voted in the negative are:

Anthony                Bales                  Battle
Bowers                 Branham                G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Jennings
Kirsh                  Littlejohn             Lloyd
Lourie                 Mack                   McCraw
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Parks
Rivers                 Rutherford             Scott
J. E. Smith            Stille                 Weeks

Total--36

So, the amendment was tabled.

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

ORDERED TO THIRD READING

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

H. 4733 (Word version) -- Reps. Davenport and Littlejohn: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

Rep. OTT explained the Bill.

H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 5023 (Word version) -- Reps. Martin and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION OF INTERSTATE HIGHWAY 85 IN ANDERSON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

H. 5139 (Word version) -- Reps. Lloyd, Bowers and R. Brown: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE COLLETON COUNTY BOARD OF ELECTION AND VOTER REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE COLLETON COUNTY LEGISLATIVE DELEGATION.

H. 5142 (Word version) -- Reps. Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Walker: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY NOT ERECT ANY TYPE OF BARRIER THAT WOULD RESTRICT ECONOMIC DEVELOPMENT ALONG INTERSTATE HIGHWAY 85 BUSINESS FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 585 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 IN SPARTANBURG COUNTY; AND TO PROVIDE THAT IF THE DEPARTMENT OF TRANSPORTATION MUST ERECT A BARRIER ALONG THIS PORTION OF HIGHWAY, THEN IT MUST OBTAIN APPROVAL FOR THE CONSTRUCTION PROJECT FROM THE SPARTANBURG COUNTY TRANSPORTATION COMMITTEE AND THE MEMBERS OF THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION IN WHOSE DISTRICTS THE PROJECT WOULD BE LOCATED.

H. 4756--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4756 (Word version) -- Reps. Jennings, Lucas, Freeman, Neilson, Trotter, Frye and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO EXTEND THE HUNTING SEASON FOR SQUIRREL IN GAME ZONE 5.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21179SD04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Section 50-11-120(A)(1)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   2.   Section 50-11-120(A)(2)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   3.   Section 50-11-120(A)(3)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   4.   Section 50-11-120(A)(4)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   5.   Section 50-11-120(A)(5)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   6.   Section 50-11-120(A)(6)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   7.   Section 50-11-120(A)(7)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   8.   Section 50-11-120(A)(8)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   9.   Section 50-11-120(A)(9)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   10.   Section 50-11-120(A)(10)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   11.   Section 50-11-120(A)(11)(b) of the 1976 Code, as last amended by Act 33 of 2003, is further amended to read:

"(b)   squirrel:   October first through March first with weapons and dogs; March second through September thirtieth without weapons and with dogs only;"
SECTION   12.   Section 50-11-140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-140.   During a period in which raccoons, opossums, squirrels, or fox are allowed to be hunted without weapons, it is unlawful to take, or attempt to take, the animals."
SECTION   13.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4934--POINT OF ORDER

The following Bill was taken up:

H. 4934 (Word version) -- Reps. Witherspoon, Clemmons, Loftis, Edge, Rhoad, Viers, Barfield, Lee, Snow, Duncan, Koon, Frye, Altman, Battle, R. Brown, Chellis, Coates, Davenport, Freeman, Hamilton, Harvin, Haskins, Hosey, Leach, McCraw, Miller, Phillips, Quinn, Sinclair, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Townsend, Tripp, Vaughn and Young: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 38 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2004" WHICH ESTABLISHES A PROGRAM TO REGULATE ISOLATED WETLANDS AND ACTIVITIES IN AND AROUND ISOLATED WETLANDS INCLUDING A REQUIREMENT FOR MITIGATION TO COMPENSATE FOR ISOLATED WETLAND DISTURBANCES, BY ADDING SECTION 12-6-1125 SO AS TO PROVIDE THAT GROSS INCOME SHALL NOT INCLUDE AN AMOUNT RECEIVED BY THE OWNER OF ISOLATED WETLANDS FOR ALLOWING A PERSON TO USE THE ISOLATED WETLANDS IN A COMPATIBLE USE; BY ADDING SECTION 12-6-3525 SO AS TO PERMIT A TAXPAYER TO ELECT TO CLAIM AN INCOME TAX CREDIT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE FEDERAL DEDUCTION ATTRIBUTABLE TO THE DONATION OF THE ISOLATED WETLANDS LOCATED IN THIS STATE; BY ADDING SECTION 12-37-945 SO AS TO PROVIDE THAT PROPERTY THAT IS MAPPED OR DELINEATED AS ISOLATED WETLANDS MUST BE CONSIDERED UNDEVELOPED PROPERTY FOR AD VALOREM TAX PURPOSES UNTIL SUCH TIME AS THE LANDOWNER OBTAINS A PERMIT THAT ALLOWS THE PROPERTY TO BE DEVELOPED; TO ADD SECTION 48-1-95 SO AS TO PROVIDE THAT ANY NATIONWIDE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION SHALL BE PRESUMED TO COMPLY WITH THE APPLICABLE WATER QUALITY CRITERIA AND COASTAL ZONE MANAGEMENT CRITERIA OF THE STATE WITHOUT ANY FURTHER TERMS OR CONDITIONS IMPOSED BY THE DEPARTMENT AND TO DEFINE "NATIONWIDE PERMIT" FOR THAT PURPOSE; AND TO AMEND SECTION 48-39-210, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILITIZATIONS WITHIN CRITICAL AREAS, SO AS TO REVISE THE MANNER IN WHICH THESE ALTERATIONS OR UTILIZATIONS ARE PERMITTED AND GRANTED.

POINT OF ORDER

Rep. LOURIE 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. 4130--POINT OF ORDER

The following Bill was taken up:

H. 4130 (Word version) -- Reps. Cato, Tripp, G. R. Smith and Anthony: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.

POINT OF ORDER

Rep. MCLEOD 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. 4639--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4639 (Word version) -- Reps. M. A. Pitts, Limehouse, Altman, Anthony, Duncan, Harrison, Martin, Pinson, Sinclair and Taylor: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\12424AC04), which was adopted:
Amend the bill, as and if amended, Section 40-47-10 page 2, by deleting the last unnumbered paragraph on lines 26 through 30 and inserting:
/   In addition to the above members of the board, there shall be two additional lay members, one to be appointed by the President Pro Tempore of the Senate and one to be appointed by the Speaker of the House of Representatives./
Renumber sections to conform.
Amend title to conform.

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

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

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 532 (Word version) from the Committee on Judiciary.
Rep. SCOTT objected.

S. 970--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:

S. 970 (Word version) -- Senators McConnell and Ford: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 2 AND 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2004.

S. 1085--RECALLED FROM COMMITTEE ON WAYS AND MEANS

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

S. 1085 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.

R. 199, S. 481--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R.199) S. 481 (Word version) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

Rep. G. M. SMITH moved to adjourn debate on the Veto until Wednesday, April 21, which was agreed to.

R. 209, H. 4702--GOVERNOR'S VETO --DEBATE ADJOURNED

The Veto on the following Act was taken up:

(R.209) H. 4702 (Word version) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

Rep. G. M. SMITH moved to adjourn debate on the Veto until Wednesday, April 21, which was agreed to.

H. 4650--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4650 (Word version) -- Reps. Harrison, McLeod and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 33 SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECT OF, DOMESTICATION IN SOUTH CAROLINA OF A FOREIGN CORPORATION; BY ADDING ARTICLE 14 TO CHAPTER 41 OF TITLE 33 AND ARTICLE 12 TO CHAPTER 42 OF TITLE 33, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, THE MERGERS WITH OTHER ENTITIES OF A PARTNERSHIP AND A LIMITED PARTNERSHIP, RESPECTIVELY; BY ADDING SECTIONS 33-11-109 AND 33-11-110, SO AS TO PROVIDE FOR THE CONVERSION OF A PARTNERSHIP OR LIMITED PARTNERSHIP TO A CORPORATION, SECTIONS 33-11-111 AND 33-11-112, SO AS TO PROVIDE FOR A CONVERSION OF A CORPORATION TO A LIMITED LIABILITY COMPANY, AND SECTIONS 33-11-113 AND 33-11-114, SO AS TO PROVIDE FOR CONVERSION OF A CORPORATION TO A PARTNERSHIP OR A LIMITED PARTNERSHIP, AND SECTION 33-11-115, SO AS TO PROVIDE THAT THESE CONVERSIONS MAY BE UNDERTAKEN PURSUANT TO OTHER LAW; BY ADDING SECTIONS 33-44-908, 33-44-909, 33-44-910, 33-44-911, 33-44-912, 33-44-913, AND 33-44-914, SO AS TO PROVIDE FOR PROCEDURES FOR, AND THE LEGAL EFFECTS OF, CONVERSIONS OF A LIMITED LIABILITY COMPANY TO A CORPORATION, A LIMITED PARTNERSHIP, OR A PARTNERSHIP, RESPECTIVELY; BY ADDING SECTION 33-44-1208, SO AS TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A FOREIGN CORPORATION IS NOT REQUIRED TO OBTAIN AUTHORITY TO DO BUSINESS IN THIS STATE; BY ADDING SECTION 36-8-307, SO AS TO REQUIRE THE TRANSFEROR OF A SECURITY FOR VALUE TO PROVIDE DOCUMENTATION NECESSARY FOR REGISTRATION OF THE SECURITY; TO AMEND SECTION 33-1-220, AS AMENDED, RELATING TO FILING, SERVICE, AND COPYING FEES PAYABLE TO THE SECRETARY OF STATE, SO AS TO INCLUDE FEES FOR FILING OF ARTICLES OF DOMESTICATION AND ARTICLES OF CONVERSION; TO AMEND SECTION 33-1-400, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, SO AS TO INCLUDE DEFINITIONS FOR "LIMITED PARTNERSHIP" AND "PARTNERSHIP"; TO AMEND SECTION 33-2-102, AS AMENDED, RELATING TO ARTICLES OF INCORPORATION, SO AS TO DELETE THE REQUIREMENT OF AN INITIAL ANNUAL REPORT; TO AMEND SECTION 33-4-104, AS AMENDED, RELATING TO THE FILING OF A NAME CHANGE BY A CORPORATION OWNING REAL PROPERTY, SO AS TO PROVIDE FOR FILING UPON THE CONVERSION OR DOMESTICATION OF A CORPORATION; TO AMEND SECTION 33-6-260, AS AMENDED, RELATING TO THE ISSUANCE OF CORPORATE SHARES WITHOUT A CERTIFICATE, SO AS TO REQUIRE A WRITTEN STATEMENT CONTAINING THE CERTIFICATION INFORMATION UPON THE ISSUE OR TRANSFER; TO AMEND SECTION 33-11-101, AS AMENDED, RELATING TO ENTITIES WITH WHICH A CORPORATION MAY MERGE, SO AS TO INCLUDE A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTIONS 33-11-105 AND 33-11-106, BOTH RELATING TO THE MERGER OF A SUBSIDIARY OF A CORPORATION AND THE EFFECT OF THE MERGER OR EXCHANGE OF STOCK, SO AS TO SUBSTITUTE "ENTITY" FOR "CORPORATION"; TO AMEND SECTION 33-13-102, AS AMENDED, RELATING TO A SHAREHOLDER'S RIGHT OF DISSENT AND PAYMENT UPON CERTAIN CORPORATE ACTIONS, SO AS TO DELETE A REFERENCE TO A NONPUBLIC CORPORATION AND TO PROVIDE FOR CONVERSION OF A CORPORATION INTO ANOTHER ENTITY; TO AMEND SECTION 33-14-107, RELATING TO UNKNOWN CLAIMS AGAINST A CORPORATION, SO AS TO INCREASE THE TIME FOR ENFORCING THE CLAIM TO TEN YEARS AFTER PUBLICATION OF NOTICE OF DISSOLUTION AND TO PROVIDE FOR A CLAIM ARISING AFTER DISSOLUTION; TO AMEND SECTION 33-14-200, AS AMENDED, AND SECTION 33-14-210, BOTH RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO THE STATE INCOME TAX PROVISIONS; TO AMEND SECTION 33-15-101, AS AMENDED, RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS BY A CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-15-103, AS AMENDED, RELATING TO APPLICATION FOR A CERTIFICATE OF AUTHORITY FOR A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTIONS 33-15-300 AND 33-15-310, BOTH AS AMENDED, BOTH RELATING TO REVOCATION OF A CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, BOTH SO AS TO CORRECT A CROSS-REFERENCE TO A STATE INCOME TAX PROVISION; TO AMEND SECTION 33-31-1101, RELATING TO THE MERGER OF A NONPROFIT CORPORATION AND THE MERGER OF A BUSINESS CORPORATION, SO AS TO PROVIDE FOR MERGERS WITH A DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY; TO AMEND SECTION 33-42-1690, RELATING TO ACTIVITIES NOT CONSIDERED THE TRANSACTION OF BUSINESS BY A LIMITED PARTNERSHIP, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-208, RELATING TO CERTIFICATES OF EXISTENCE OR AUTHORITY OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE REFERENCES TO ITS MOST RECENT ANNUAL REPORT; TO AMEND SECTION 33-44-404, AS AMENDED, RELATING TO MANAGEMENT ISSUES OF A LIMITED LIABILITY COMPANY REQUIRING CONSENT BY ALL MEMBERS, SO AS TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 33-44-410, RELATING TO ACTIONS BY A MEMBER OF A LIMITED LIABILITY COMPANY SO AS TO PROVIDE FOR ACTIONS BY A MANAGER OF THE COMPANY; TO AMEND SECTION 33-44-801, AS AMENDED, RELATING TO EVENTS GIVING RISE TO THE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR THE EFFECT OF AN AGREEMENT CHANGING THE STATUTORY PROVISIONS FOR THE PURCHASE OF A DISTRIBUTIONAL INTEREST; TO AMEND SECTION 33-44-806, RELATING TO DISTRIBUTING OF ASSETS IN THE WINDING UP OF THE BUSINESS OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE THAT THE DISTRIBUTION TO MEMBERS ACCORD WITH THEIR POSITIVE CAPITAL ACCOUNT BALANCES; TO AMEND SECTION 33-44-809, RELATING TO GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE REQUIREMENT FOR AN ANNUAL REPORT FILED WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-903, RELATING TO THE EFFECT OF CONVERSION OF AN ENTITY TO A LIMITED LIABILITY COMPANY, SO AS TO REQUIRE A FILING GIVING NOTICE OF THE NAME CHANGE IF THE ENTITY OWNS REAL PROPERTY IN THIS STATE; TO AMEND SECTION 33-44-905, RELATING TO ARTICLES OF MERGER OF A LIMITED LIABILITY COMPANY, SO AS TO PROVIDE FOR A FOREIGN ENTITY AS A MERGING OR SURVIVING ENTITY OF THE MERGER; TO AMEND SECTION 33-44-1003, RELATING TO ACTIVITIES NOT CONSTITUTING THE TRANSACTION OF BUSINESS IN THIS STATE BY A FOREIGN CORPORATION, SO AS TO INCLUDE THE MERE OWNERSHIP OF AN INTEREST IN A LIMITED LIABILITY COMPANY IN THIS STATE; TO AMEND SECTION 33-44-1006, RELATING TO REVOCATION OF THE AUTHORITY OF A FOREIGN CORPORATION TO DO BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT OF FILING AN ANNUAL REPORT WITH THE SECRETARY OF STATE; TO AMEND SECTION 33-44-1204, RELATING TO FEES COLLECTIBLE BY THE SECRETARY OF STATE FROM A LIMITED LIABILITY COMPANY, SO AS TO DELETE THE FEE FOR FILING AN ANNUAL REPORT; TO AMEND SECTION 38-90-20, RELATING TO LICENSING REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE LICENSING FOR OPERATION WITHIN THE STATE; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF A CAPTIVE INSURANCE COMPANY, SO AS TO REQUIRE APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BEFORE THE SECRETARY OF STATE ACTS IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 12-20-40, RELATING TO INITIAL FILINGS WITH THE SECRETARY OF STATE BY A CORPORATION, SO AS TO INCLUDE A DOMESTICATING CORPORATION; AND TO REPEAL SECTION 33-14-410, RELATING TO ACTIONS AND JUDGMENTS AGAINST SHAREHOLDERS OF DISSOLVED CORPORATIONS, SECTION 33-44-211, RELATING TO FILING OF AN ANNUAL REPORT BY A FOREIGN OR DOMESTIC LIMITED LIABILITY COMPANY, AND SECTIONS 39-13-10 THROUGH 39-13-40, RELATING TO NAMES OF BUSINESS ESTABLISHMENTS.

Rep. HARRISON explained the Senate Amendments.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4420--DEBATE ADJOURNED

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

H. 4420 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-125 SO AS TO PROVIDE THAT FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, A NEW EMPLOYING UNIT MUST NOT BE ASSIGNED A DISCRETE EMPLOYER NUMBER WHEN THERE IS AN ACQUISITION OR CHANGE IN THE FORM OF THE ORGANIZATION OF AN EXISTING BUSINESS ENTERPRISE WITH CONTINUITY OF CONTROL, AND TO PROVIDE DEFINITIONS.

Rep. CATO moved to adjourn debate upon the Senate Amendments until Tuesday, April 27, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

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

H. 5135 (Word version) -- Reps. McGee and Coates: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO REDUCE THE SPEED LIMIT ON A PORTION OF SOUTHBOROUGH ROAD IN FLORENCE COUNTY.
Ordered for consideration tomorrow.

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

S. 1160 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND INTERSTATE HIGHWAY 26 IN LEXINGTON COUNTY IN HONOR OF THE MEN AND WOMEN OF THE 4TH INFANTRY DIVISION AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "4TH INFANTRY DIVISION INTERCHANGE".
Ordered for consideration tomorrow.

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

H. 5138 (Word version) -- Reps. Lloyd, Breeland, G. Brown, R. Brown, Davenport, J. Hines, Hosey, Littlejohn, Mack, J. H. Neal and Vaughn: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REQUIRE THE PUBLICATION, IN A MANNER MOST LIKELY TO REACH THE INTERESTED GENERAL PUBLIC, OF A SOLICITATION FOR BIDS FOR A FEDERAL CONTRACT TO BE AWARDED IN CONNECTION WITH A FEDERAL PROJECT IN SOUTH CAROLINA.
Ordered for consideration tomorrow.

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

S. 1161 (Word version) -- Senators Elliott and Glover: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 301 NORTH IN DILLON COUNTY THAT BEGINS AT THE TRAFFIC LIGHT AT DILLON HIGH SCHOOL AND CONTINUES TO THE INTERSECTION AT THE FLOYD GRIFFIN STORE IN HAMER THE "STACEY GRIFFIN HIGHWAY", AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH POINTS WHERE APPLICABLE ON SOUTH CAROLINA HIGHWAY 301 NORTH CONTAINING THE WORDS "STACEY GRIFFIN HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF DILLON, DILLON COUNTY, AND THE STATE OF SOUTH CAROLINA.
Ordered for consideration tomorrow.

MOTION ADOPTED

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

RATIFICATION OF ACTS

At 1:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R229, S. 154 (Word version)) -- Senator Giese: AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL UNDERGO A STATE AND NATIONAL CRIMINAL RECORDS CHECK TO BE REVIEWED BY THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, PROVIDE THAT THE COSTS ASSOCIATED WITH THE FBI BACKGROUND CHECKS ARE THOSE OF THE APPLICANT, PROVIDE THAT THE INFORMATION COULD AFFECT HIS FITNESS TO TEACH AND THAT HE MAY BE DENIED THE OPPORTUNITY TO COMPLETE HIS CLINICAL TEACHING EXPERIENCE, PROVIDE THAT A TEACHER EDUCATION CANDIDATE MAY REQUEST RECONSIDERATION AFTER ONE YEAR, AND PROVIDE THAT A GRADUATE OF A TEACHER EDUCATION PROGRAM APPLYING FOR INITIAL TEACHER CERTIFICATION MUST HAVE COMPLETED THE FBI FINGERPRINT PROCESS WITHIN EIGHTEEN MONTHS OF FORMALLY APPLYING; AND TO REPEAL SECTIONS 59-3-50, 59-3-60, AND 59-3-70, ALL RELATING TO STATISTICAL REPORTS REQUIRED BY THE SUPERINTENDENT OF EDUCATION.

(R230, S. 764 (Word version)) -- Senator Ryberg: AN ACT TO AMEND SECTION 56-3-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS CONCERNING CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "FLEET".

(R231, S. 827 (Word version)) -- Senators McConnell and J. V. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

(R232, S. 888 (Word version)) -- Senator J. V. Smith: AN ACT TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF PERSONS WHO MANUFACTURE, SELL, INSTALL, MODIFY, OR ALTER MANUFACTURED HOMES, SO AS TO DEFINE "NEW MANUFACTURED HOME".

(R233, S. 904 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTION 59-119-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON THE ISSUANCE OF ATHLETIC FACILITY REVENUE BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS THE MAXIMUM AMOUNT OF THESE BONDS WHICH MAY BE OUTSTANDING AT ANY TIME.

(R234, S. 920 (Word version)) -- Senators Moore and Setzler: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R235, S. 921 (Word version)) -- Senator Moore: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MCCORMICK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R236, S. 922 (Word version)) -- Senator Moore: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R237, S. 934 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 7-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ALLENDALE COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ALLENDALE COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

(R238, S. 946 (Word version)) -- Senator Patterson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

(R239, S. 951 (Word version)) -- Senator Hutto: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE BARNWELL 19, BARNWELL 29, OR BARNWELL 45 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.

(R240, S. 952 (Word version)) -- Senator Hutto: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE ORANGEBURG 3, ORANGEBURG 4, OR ORANGEBURG 5 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.

(R241, S. 953 (Word version)) -- Senators Setzler, Knotts, Cromer and Courson: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON 1 OR LEXINGTON 2 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.

(R242, S. 954 (Word version)) -- Senator Short: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE CHESTER COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R243, S. 955 (Word version)) -- Senator Short: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R244, S. 956 (Word version)) -- Senator Short: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE YORK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R245, S. 957 (Word version)) -- Senator Short: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE FAIRFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

(R246, S. 1044 (Word version)) -- Senator Leatherman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEURIAL OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.

(R247, S. 1082 (Word version)) -- Senator Cromer: A JOINT RESOLUTION TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE NEWBERRY AND SALUDA COUNTY SCHOOL DISTRICTS FOR SCHOOL YEAR 2003-04 ARE AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICTS BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

(R248, S. 1091 (Word version)) -- Senator Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 FOR SCHOOL YEAR 2003-04 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

(R249, S. 1100 (Word version)) -- Senator Drummond: AN ACT TO AMEND ACT 1147 OF 1968, AS AMENDED, RELATING TO THE GREENWOOD COUNTY CAREER CENTER, SO AS TO RENAME THE CENTER THE G. FRANK RUSSELL CAREER CENTER.

(R250, S. 1104 (Word version)) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R251, S. 1127 (Word version)) -- Senators Knotts, Cromer, Courson and Setzler: AN ACT TO ENACT THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN LEXINGTON COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF LEXINGTON COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN LEXINGTON COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN LEXINGTON COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.

(R252, H. 3235 (Word version)) -- Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty: AN ACT TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE AND THAT A PARTY REQUESTING A HEARING WITH THE ADMINISTRATIVE LAW COURT MUST SIMULTANEOUSLY SERVE A COPY OF THE REQUEST ON THE AFFECTED AGENCY, AND TO PROVIDE THAT WHEN THE TERM "ADMINISTRATIVE LAW JUDGE DIVISION" APPEARS IN THE LAW, A REGULATION, OR OTHER DOCUMENT, IT MUST BE CONSTRUED TO MEAN THE "ADMINISTRATIVE LAW COURT".

(R253, H. 3528 (Word version)) -- Reps. Sheheen, Delleney, Toole, Altman, Haskins, Coates and Viers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-55 SO AS TO ENACT "HUNTER'S LAW" REQUIRING THE STATE REGISTRAR TO DEVELOP A "CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH" FORM WHICH MUST BE OFFERED TO MOTHERS WHOSE DELIVERY RESULTED IN FETAL DEATH OF TWENTY COMPLETED WEEKS OF GESTATION OR A WEIGHT OF THREE HUNDRED FIFTY GRAMS AND TO PROVIDE THAT SUCH A FORM IF COMPLETED MUST BE FILED WITH THE COUNTY REGISTRAR.

(R254, H. 3636 (Word version)) -- Reps. Snow, G. Brown, Coates, Cobb-Hunter, J. Hines, Kennedy, Martin, J.H. Neal, Sandifer, G.M. Smith, Weeks, Whitmire and McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-38 SO AS TO PROVIDE THAT IT IS AN UNLAWFUL TRADE PRACTICE TO ADVERTISE A LIVE MUSICAL PERFORMANCE THROUGH THE DECEPTIVE USE OF THE NAME OF A RECORDING PERSON OR GROUP, TO DEFINE "PERFORMING PERSON OR GROUP" AND "RECORDING PERSON OR GROUP", TO PROVIDE EXEMPTIONS, AND TO MAKE THE REMEDIES CUMULATIVE TO THOSE IN OTHER PROVISIONS OF LAW.

(R255, H. 4028 (Word version)) -- Reps. Cotty and McGee: AN ACT TO AMEND SECTION 43-26-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDINGS NOT SUBJECT TO THE RULES OF OPERATION OF VENDING FACILITIES BY THE COMMISSION FOR THE BLIND, SO AS TO EXCLUDE THE SOUTH CAROLINA STATE MUSEUM.

(R256, H. 4220 (Word version)) -- Reps. Clemmons, Barfield, Keegan, Viers and Witherspoon: AN ACT TO ALLOW THE GOVERNING BODY OF A COUNTY THAT GENERATES MORE THAN TEN MILLION DOLLARS IN ACCOMMODATIONS TAX BY ORDINANCE TO REQUIRE THE LISTING OF STRUCTURAL IMPROVEMENTS AND ANY RESULTING CHANGES IN USE FOR REAL PROPERTY WITHIN THIRTY DAYS FOLLOWING THE DAY ON WHICH THE IMPROVEMENTS ARE COMPLETED AND FIT FOR THE INTENDED USE AND PROVIDE EXCEPTIONS, AND TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED ON OR BEFORE JUNE THIRTIETH DUE FOR THE SUCCEEDING PERIOD FROM JULY FIRST TO DECEMBER THIRTY-FIRST AND PAYABLE WHEN TAXES ARE DUE ON THE PROPERTY FOR THAT PROPERTY TAX YEAR, TO MAKE TAXES ATTRIBUTABLE TO IMPROVEMENTS LISTED AFTER JUNE THIRTIETH OF THE PROPERTY TAX YEAR DUE AND PAYABLE WHEN TAXES ARE DUE AND PAYABLE ON THE PROPERTY FOR THE SUCCEEDING PROPERTY TAX YEAR.

(R257, H. 4281 (Word version)) -- Rep. Walker: AN ACT TO AMEND SECTION 10-1-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN THE FLAGS ATOP THE STATE CAPITOL BUILDING SHALL BE FLOWN AT HALF-STAFF, SO AS TO PROVIDE THAT THESE FLAGS SHALL BE FLOWN AT HALF-STAFF ON THE DAY WHEN FUNERAL SERVICES ARE CONDUCTED FOR MEMBERS OF THE UNITED STATES MILITARY SERVICES WHO WERE RESIDENTS OF SOUTH CAROLINA AND WHO LOST THEIR LIVES IN THE LINE OF DUTY WHILE IN COMBAT.

(R258, H. 4451 (Word version)) -- Reps. G.M. Smith, Altman, Clark and Owens: AN ACT TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR, TO PROVIDE CONSENT IS A DEFENSE TO PROSECUTION IF THE PERSON UNDER THE AGE OF EIGHTEEN IS AT LEAST SIXTEEN YEARS OLD BUT THAT CONSENT IS NOT A DEFENSE TO PROSECUTION IF THE PERSON IS UNDER THE AGE OF SIXTEEN, AND TO PROVIDE PENALTIES; TO AMEND SECTION 16-15-345, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER THE AGE OF EIGHTEEN, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-355, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER THE AGE OF TWELVE, SO AS TO INCREASE THE PENALTY FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 16-15-385, RELATING TO THE DISSEMINATION OF HARMFUL MATERIAL TO A MINOR, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-387, RELATING TO THE EMPLOYMENT OF A PERSON UNDER THE AGE OF EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MAXIMUM PENALTY FROM TEN TO TWENTY YEARS; TO AMEND SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MAXIMUM PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; TO AMEND SECTION 16-15-415, RELATING TO PROMOTING THE PROSTITUTION OF A MINOR, SO AS TO INCREASE THE MAXIMUM PENALTY FROM TEN TO TWENTY YEARS; TO AMEND SECTION 16-15-445, RELATING TO SEIZURE AND FORFEITURE OF EQUIPMENT USED IN THE COMMISSION OF OBSCENITY AND SEXUAL EXPLOITATION OF A MINOR OFFENSES, SO AS TO INCLUDE THE OFFENSES OF CRIMINAL SOLICITATION OF A MINOR AND THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO CONVICTIONS RENDERING A PERSON A "SEX OFFENDER", SO AS TO INCLUDE A PERSON CONVICTED OF CRIMINAL SOLICITATION OF A MINOR; AND TO AMEND SECTION 44-48-30, RELATING TO THE DEFINITIONS CONTAINED IN THE SEXUALLY VIOLENT PREDATOR ACT, SO AS TO INCLUDE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR IN THE DEFINITION OF "SEXUALLY VIOLENT OFFENSE".

(R259, H. 4453 (Word version)) -- Reps. Sheheen, Jennings, Altman, McLeod and Weeks: AN ACT TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIFE EXPECTANCY TABLE FOR CIVIL LITIGATION, SO AS TO UPDATE THE TABLE USING THE 2001 COMMISSIONERS STANDARD ORDINARY MORTALITY TABLE.

(R260, H. 4615 (Word version)) -- Reps. Owens, Anthony, Cato, Loftis, Rice, Sandifer, Duncan, Simrill, Hamilton, Leach, Littlejohn, Mahaffey, McCraw, McLeod, Moody-Lawrence, M.A. Pitts, Phillips, Skelton, Stille, Taylor, Vaughn and Whitmire: AN ACT TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE EXTENSION OF CONTRACTS TO BUY POWER BEYOND THE ORIGINAL FIFTY-YEAR LIMIT WHEN THE DATE OF OPERATION OF THE ELECTRICAL UTILITY IS EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.

(R261, H. 4626 (Word version)) -- Reps. Cooper, Townsend, Thompson, Martin, Stille and White: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

(R262, H. 4678 (Word version)) -- Reps. J.R. Smith, Clark, Clyburn, D.C. Smith, Stewart and Perry: AN ACT TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

(R263, H. 4679 (Word version)) -- Rep. G. Brown: AN ACT TO AMEND SECTION 7-7-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN LEE COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.

(R264, H. 4681 (Word version)) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 25, 26, AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R265, H. 4686 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT, SO AS TO INCREASE THE MAXIMUM MONETARY PENALTY FOR WHICH A CRIME IN A CASE DOES NOT EXCEED FOR IT TO BE TRANSFERRED FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT.

(R266, H. 4723 (Word version)) -- Reps. Loftis, Vaughn, Cato, Allen, Altman, Bales, Barfield, Battle, Branham, J. Brown, Davenport, Hamilton, Haskins, M. Hines, Hosey, Jennings, Leach, McCraw, Owens, Perry, Rice, D.C. Smith, F.N. Smith, G.R. Smith, J.R. Smith, Tripp, Wilkins and Mahaffey: AN ACT TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEES AMONG THE VARIOUS COUNTIES AND COUNTY TRANSPORTATION COMMITTEES ENTITLED TO EXPEND 'C' FUNDS, SO AS TO AUTHORIZE A COUNTY LEGISLATIVE DELEGATION, BY RESOLUTION, TO RENAME THE COUNTY TRANSPORTATION COMMITTEE AS THE LEGISLATIVE DELEGATION TRANSPORTATION COMMITTEE OF THAT COUNTY.

(R267, H. 4748 (Word version)) -- Reps. Harvin and G.M. Smith: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, 28, 29, AND 30, 2004, BY THE STUDENTS OF A SCHOOL IN SCHOOL DISTRICT NOS. 1, 2, AND 3 OF CLARENDON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R268, H. 4772 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS AND CHRONIC WASTING DISEASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2885, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R269, H. 4823 (Word version)) -- Reps. Harrison, Merrill, Altman, Clemmons, Hagood, Haskins, Jennings, Rutherford, Scott, Simrill, Sinclair, J.E. Smith, Talley, Taylor and Delleney: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-47-40 SO AS TO PROVIDE FOR AN AUTOMATIC STAY OF EXECUTION DURING APPELLATE REVIEW OF A JUDGMENT IN A CIVIL ACTION INVOLVING A PARTY TO THE MASTER SETTLEMENT AGREEMENT ENTERED INTO IN CONNECTION WITH THE TOBACCO ESCROW FUND ACT AND TO AMEND SECTION 18-9-130, RELATING TO THE EFFECT OF NOTICE OF APPEAL ON EXECUTION OF JUDGMENT, SO AS TO REFLECT THE AUTOMATIC STAY OF EXECUTION IN THOSE CIRCUMSTANCES.

(R270, H. 4884 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R271, H. 4887 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2880, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R272, H. 4912 (Word version)) -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004, EXCEPT THAT THE SHAD SEASON IN THE ATLANTIC OCEAN TERRITORIAL SEA IS NOT EXTENDED.

(R273, H. 4917 (Word version)) -- Reps. Taylor, Duncan and M.A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R274, H. 4919 (Word version)) -- Rep. Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN THE SCHOOL DISTRICT OF MARLBORO COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R275, H. 4923 (Word version)) -- Reps. Hosey, Govan, Rhoad and Bowers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN BARNWELL COUNTY SCHOOL DISTRICT NOS. 19, 29, AND 45 WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R276, H. 4942 (Word version)) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 12, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT NO. 1 WHEN THE SCHOOL WAS CLOSED DUE TO A WATER MAIN BREAK AND SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, RESPECTIVELY, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R277, H. 4960 (Word version)) -- Reps. Duncan, M.A. Pitts and Taylor: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 56 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R278, H. 4961 (Word version)) -- Reps. Talley and Lee: A JOINT RESOLUTION TO AMEND ACT 761 OF 1964, RELATING TO THE CREATION OF THE ARKWRIGHT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO ITS BOARD OF FIRE CONTROL WHO BOTH SHALL SERVE FOR A TERM OF SIX YEARS.

(R279, H. 4969 (Word version)) -- Reps. Talley, Anthony, Davenport, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Walker: AN ACT TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

(R280, H. 5033 (Word version)) -- Reps. Walker, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

(R281, H. 5034 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CONTINUED COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R282, H. 5035 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO LICENSURE EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2898, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R283, H. 5057 (Word version)) -- Reps. Stille, M.A. Pitts and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS FORGIVEN FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4503 (Word version) -- Reps. J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES HOUSE OF REPRESENTATIVES TO ENACT H.RES. 103 WHICH ESTABLISHES A SELECT COMMITTEE ON POW AND MIA AFFAIRS IN THE UNITED STATES HOUSE OF REPRESENTATIVES.

H. 4630 (Word version) -- Reps. Viers, Barfield, Altman, Anthony, Bingham, G. Brown, Davenport, Delleney, Duncan, Frye, Harrison, Haskins, Herbkersman, Hosey, Leach, Limehouse, Littlejohn, Lloyd, Lucas, McCraw, Owens, Phillips, Pinson, M. A. Pitts, Rhoad, Simrill, D. C. Smith, G. R. Smith, Stille, Taylor, Whitmire and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO ALLOW FOR THE DISPLAY OF THE TEN COMMANDMENTS IN PUBLIC SCHOOLS, GOVERNMENT OFFICES, PUBLIC BUILDINGS, AND OTHER PUBLIC PLACES.

H. 4890 (Word version) -- Reps. Barfield, Cotty, Viers, Toole, Clark, Rutherford, J. Brown, Ceips, Clemmons, Frye, Gilham, J. Hines, Keegan, Lloyd, Mahaffey, Moody-Lawrence, Rice, Simrill, G. R. Smith, Stille, Taylor, Vaughn and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND TAIWAN ON ITS FULL-FLEDGED DEMOCRACY, ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND TO SUPPORT ITS EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.

H. 4962 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE JUDY WOLK OF CHARLESTON FOR HER SELECTION AND SERVICE AS NATIONAL PRESIDENT OF THE REAL ESTATE EDUCATORS ASSOCIATION AND HER SERVICE TO THE NATIONAL ASSOCIATION OF REALTORS, THE SOUTH CAROLINA ASSOCIATION OF REALTORS, AND THE CHARLESTON TRIDENT ASSOCIATION OF REALTORS AND TO ACKNOWLEDGE JUNE 22, 2004, AS "JUDY WOLK AND THE REAL ESTATE EDUCATORS ASSOCIATION APPRECIATION DAY".

H. 5133 (Word version) -- Reps. Limehouse, Allen, Altman, Bailey, Battle, Breeland, R. Brown, Ceips, Clark, Clyburn, Dantzler, Delleney, Duncan, Emory, Freeman, Frye, Gourdine, Hagood, Hamilton, Harrell, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Koon, Lee, Lloyd, Lucas, Mahaffey, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Owens, M. A. Pitts, Rice, Richardson, Simrill, Sinclair, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Snow, Taylor, Thompson, Toole, Umphlett, Vaughn, Walker and Whitmire: A CONCURRENT RESOLUTION TO EXPRESS THE DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO KEEP THE PHRASE "UNDER GOD " IN THE PLEDGE OF ALLEGIANCE.

ADJOURNMENT

At 1:15 p.m. the House, in accordance with the motion of Rep. WEEKS, adjourned in memory of James Dudley of Sumter, to meet at 10:00 a.m. tomorrow.

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