THURSDAY, MAY 18, 2006

Indicates Matter Stricken

Indicates New Matter

The House assembled at 10:00 a.m.

Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 22:19: “O Lord, be not far off; O my strength, come quickly to help me.”

Let us pray. We give thanks to You, O Most High, for the many opportunities of service You put before us. Now, give these men and women the power to carry out the opportunities of service to the people of this State. Keep them focused on the needs so the deeds will be done. Preserve our Nation, President, State, Governor, Speaker, Representatives and staff. Keep our defenders of freedom safe in Your care as they protect us. Comfort those who wait at home in their loneliness and anxiety and let them know of Your presence. In the name of our Lord, we pray. Amen.

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

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

MOTION ADOPTED

Rep. J.R.SMITH moved that when the House adjourns, it adjourn in memory of Gunner and Ryker Young of North Augusta, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 18, 2006

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:

(R310) H. 3841 -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J.Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W.D.Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES, AND TO PROVIDE FOR THE DURATION OF THIS CHAPTER AND ITS APPLICABILITY TO REHABILITATION EXPENSES.

Very respectfully,

President

Received as information.

MESSAGE FROM THE SENATE

Columbia, S.C., May 17, 2006

Mr. Speaker and Members of the House:

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

Prisoner of War Commission

Term Commencing: July 1, 2003

Term Expiring: July 1, 2007

Seat: 1st Congressional District

Vice: Charles Youngblood (deceased)

Initial Appointment

Mr. Reginald B. Salisbury

2097 Cypress Camp Ground

Ridgeville, South Carolina 29472

Very respectfully,

President of the Senate

Received as information.

MESSAGE FROM THE SENATE

Columbia, S.C., May 17, 2006

Mr. Speaker and Members of the House:

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

Prisoner of War Commission

Term Commencing: July 1, 2005

Term Expiring: July 1, 2009

Seat: 6th Congressional District

Reappointment

Mr. Charles R. Murray

200 Carolina Avenue

St. George, South Carolina 29477

803-563-4424-Office Phone

Very respectfully,

President of the Senate

Received as information.

MESSAGE FROM THE SENATE

Columbia, S.C., May 17, 2006

Mr. Speaker and Members of the House:

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

Prisoner of War Commission

Term Commencing: July 1, 2005

Term Expiring: July 1, 2009

Seat: 3rd Congressional District

Reappointment

Mr. Talmadge P. Callison

2719 Country Farm Road

Greenwood, South Carolina 29646

864-227-1949-Office Phone

Very respectfully,

President of the Senate

Received as information.

REPORTS OF STANDING COMMITTEES

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

S. 66 -- Senators Short, Ford, Lourie, Cleary, Malloy and Ryberg: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.

Ordered for consideration tomorrow.

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

S. 1046 -- Senator O'Dell: A BILL TO AMEND SECTION 44-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DIRECT AND SUPERVISE VACCINATION, SCREENING, AND IMMUNIZATION, SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN IMMUNIZATION REGISTRY.

Ordered for consideration tomorrow.

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

S. 1165 -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.

Ordered for consideration tomorrow.

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

S. 1231 -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLES", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES¿ POLICY OF REPORTING A CONVICTION OF A PERSON FROM ANOTHER STATE TO THE APPROPRIATE AUTHORITY OF HIS HOME STATE, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A CONVICTION OF A PERSON FROM CANADA OR MEXICO THAT OCCURS IN THIS STATE SHALL BE REPORTED TO THE PERSON’S HOME COUNTRY; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO DELETE A REFERENCE TO ITS DEFINITION CONTAINED IN SECTION 56-1-2030; TO AMEND SECTION 56-1-790, RELATING TO THE RECORDING OF MOTOR VEHICLE CONVICTIONS OF RESIDENTS OF SOUTH CAROLINA THAT OCCUR IN OUT OF STATE JURISDICTIONS, SO AS TO PROVIDE THAT CERTAIN OUT OF STATE CONVICTIONS MUST NOT BE RECORDED ON THE PERSON’S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER’S LICENSE ACT, SO AS TO DELETE THE DEFINITION OF THE TERM "CONVICTION", AND TO REVISE THE DEFINITION OF THE TERM "HAZARDOUS MATERIALS"; TO AMEND SECTION 56-1-2100, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER’S LICENSE, SO AS TO REVISE THE DESCRIPTION OF A VEHICLE THAT REQUIRES A DRIVER TO POSSESS A CLASS C COMMERCIAL DRIVER’S LICENSE; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, RELATING TO THE DEFINITIONS OF TERMS CONTAINED IN THE DRIVER LICENSE COMPACT, THE DEFINITION OF THE TERM ‘CONVICTION’ AS IT RELATES TO THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND THE DEFINITION OF THE TERM "CONVICTED" AS IT RELATES TO THE ISSUANCE OF PROVISIONAL DRIVER’S LICENSES.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5183 -- Reps. Branham, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Breeland, G.Brown, J.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J.Hines, M.Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND THANK REPRESENTATIVE MARTY W. COATES FOR HIS FIVE YEARS OF SERVICE TO THE CITIZENS OF FLORENCE AND SUMTER COUNTIES AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and

Whereas, born July 14, 1963, in Dillon, South Carolina, Representative Coates is the son of Clyde and Bessie H. Coates; and

Whereas, graduating from North Carolina State University with a Bachelor of Science degree in 1986, Representative Coates married Mary Bridgette Parker and they have two children, Luke and Rachel; and

Whereas, Representative Coates is a member of the Board of Deacons at Ebenezer Baptist Church; and

Whereas, as a member of the Florence County Bush for President, he served as cochairman; and

Whereas, a retired Major, Representative Coates received the Bronze Star, United States Meritorious Service Medal with two oak leaf clusters, and served in Desert Shield and Desert Storm; and

Whereas, throughout his past five years of service in the House of Representatives, Representative Coates has served both his State and his community with pride, and the Palmetto State is truly grateful for the time, energy, and commitment Representative Coates has made. Now, therefore,

Be it resolved by the House of Representatives:

That members of the House of Representatives wish to honor and thank Representative Marty W. Coates for his five years of service to the citizens of Florence and Sumter Counties as well as the State of South Carolina, and to extend best wishes to him in all of his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable Marty W. Coates.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5184 -- Reps. Branham, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Breeland, G.Brown, J.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, M.Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND THANK REPRESENTATIVE JESSE EDISON HINES FOR HIS THIRTEEN YEARS OF SERVICE TO THE CITIZENS OF DARLINGTON AND FLORENCE COUNTIES, AS WELL AS TO THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and

Whereas, Representative Jesse Edison Hines, born May 23, 1933, in Florence County, the son of Columbus Hines and the late Amy Williams Hines McAllister, was a veteran of the United States Army and is a retired school administrator; and

Whereas, Representative Hines married Neverseen Sandra Kennedy and are the proud and devoted parents of two children, Wanda and Jesse, Jr.; and

Whereas, graduating from South Carolina State University with a B.S.A. in 1955 and a M.Ed. in 1967, Representative Hines has had a distinguished career in public education as a teacher of Agriculture in Darlington County, the Director of Vocational Education for the Lee County School District, the Director of Adult and Community Education and Interim Superintendent in Florence School District Four, and a member of the Darlington County Board of Education; and

Whereas, a faithful member of the Board of Deacons at Meadow Prong Baptist Church, Representative Hines also is an active member of the Meadow Lodge #246 Free and Accepted Masons, a member of the Lamar Town Council, and a member of the NAACP; and

Whereas, Representative Hines has been named Phi Beta Sigma Outstanding Graduate Brother for the Southeastern Region, Outstanding Secondary Educator in America, and Citizen of the Year by Omega Psi Phi Fraternity, and he has served as Critic Teacher for South Carolina State University and Clemson University; and

Whereas, throughout his long and distinguished political career, Representative Hines has served both his State and his community with pride, and the Palmetto State is truly grateful for the time, energy, and commitment Representative Hines has made. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives wish to honor and thank Representative Jesse Edison Hines for his thirteen years of service to the citizens of Darlington and Florence Counties, as well as to the State of South Carolina, and extend best wishes to him in all of his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable Jesse Edison Hines.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5185 -- Reps. Branham, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Breeland, G.Brown, J.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J.Hines, M.Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND THANK THE HONORABLE JAMES GLADNEY MCGEE III OF FLORENCE FOR HIS NINE YEARS OF SERVICE TO THE CITIZENS OF FLORENCE COUNTY AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

Whereas, to serve the State of South Carolina as a member of the General Assembly is one of the highest honors that can be bestowed upon a South Carolinian; and

Whereas, born July 22, 1959, in Darlington County, Representative James Gladney McGee III “Jim” is the son of James G. McGee, Jr., and Claire Redman McGee; and

Whereas, he received his Bachelor of Arts degree from the University of South Carolina in 1982, and after an illustrious career in broadcasting, he attended the University of South Carolina School of Law and obtained his Juris Doctorate degree in 1995; and

Whereas, Representative McGee is the devoted husband of Kathy M. Shirley, and together they have one child, James G. McGee IV; and

Whereas, Representative McGee is a member of the South Carolina and Florence County Bar Associations and is an active member of Pisgah United Methodist Church; and

Whereas, during his service in the House of Representatives, he was a valued member of the House Judiciary Committee until he moved on to the powerful Ways and Means Committee where he continued to make a significant impact for his constituents in House District 63; and

Whereas, elected to the House of Representatives in 1997, Representative McGee has made a lasting impact on members and staff alike with his gregarious personality, and his presence and the constant smile on his face will be sorely missed; and

Whereas, Representative Jim McGee has served both his State and his community with pride and distinction, and the Palmetto State is truly grateful for the time, energy, and commitment he has made during his nineyear tenure in the House of Representatives. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, honor and thank the Honorable James Gladney McGee III of Florence for his nine years of service to the citizens of Florence County as well as the State of South Carolina and extend best wishes to him in all of his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable James Gladney McGee III.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5186 -- Reps. Harrell, Agnew, Allen, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G.Brown, J.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrison, Harvin, Haskins, Hayes, Herbkersman, J.Hines, M.Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND THANK REPRESENTATIVE JOHN GRAHAM ALTMAN III FOR HIS NINE YEARS OF SERVICE TO THE CITIZENS OF CHARLESTON COUNTY AS WELL AS THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.