Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by Senator LOURIE as follows:

Beloved, hear a few words from the Old Testament, Psalm 9:

"I will thank the Lord with all my heart; I will declare all Your wonderful works. I will rejoice and boast about You; I will sing about Your name,   Most High."

Let us pray.

O Lord, our God, we do thank You with all our heart for all the blessings and opportunities You have given us - the support of our families and constituents back home; the camaraderie of our colleagues in the Senate; the many opportunities for service to make a difference in the lives of all the people in our State.

We rejoice because You are with us and will guide us in all that we do. We thank You and praise You!
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Senator RITCHIE introduced Dr. Jennifer Root of Columbia, S.C., Doctor of the Day.

On motion of Senator SETZLER, at 2:05 P.M., Senator DRUMMOND was granted a leave of absence for the balance of the day.

S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land and Bryant: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING AN AGRICULTURAL FACILITY OR OPERATION, ARE NULL AND VOID AND TO FURTHER DEFINE WHAT CONSTITUTES AN AGRICULTURAL OPERATION.

On motion of Senator O'DELL, with unanimous consent, the names of Senators O'DELL and JACKSON were added as co-sponsors of S. 1205.

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

Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1248 (Word version) -- Senators Setzler, Jackson, Knotts, Lourie and Leventis: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE ON THE DEATH OF EVANGELOS "ANGELO" LEONIDAS TSIANTIS OF COLUMBIA AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\council\bills\ggs\22485sj06.doc

The Senate Resolution was adopted.

S. 1249 (Word version) -- Senators Sheheen, Short and Gregory: A CONCURRENT RESOLUTION URGING DUKE POWER COMPANY TO WORK IN CONJUNCTION AND COORDINATION WITH THE STATE OF SOUTH CAROLINA TO PROTECT AND PRESERVE LANDS SURROUNDING AND IMPACTED BY THE PRODUCTION OF HYDROELECTRIC POWER ON LAKE WATEREE.
l:\council\bills\nbd\12270ac06.doc

Senator SHEHEEN spoke on the Resolution.

On motion of Senator SHEHEEN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 1250 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-77-60 SO AS TO PROVIDE THAT A CONTRACTOR CONSTRUCTING OR REPAIRING A HIGHWAY, ROAD, OR BRIDGE FOR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS IS NOT LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH UNDER CERTAIN CIRCUMSTANCES.
l:\council\bills\ms\7171ahb06.doc

Read the first time and referred to the Committee on Judiciary.

S. 1251 (Word version) -- Senators Peeler, Short, Malloy, Thomas, Fair, Knotts, O'Dell, Land, Hutto and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 40 SO AS TO ENACT THE "DENTAL HYGIENE PRACTICE ACT" PROVIDING FOR THE LICENSURE AND REGULATION OF DENTAL HYGIENISTS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION THROUGH THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD AND, AMONG OTHER THINGS, TO CREATE THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ESTABLISH THE SCOPE OF PRACTICE FOR DENTAL HYGIENISTS; TO ESTABLISH FEES AND QUALIFICATIONS FOR LICENSURE AND COLLABORATIVE DENTAL HYGIENE PRACTICE; TO ESTABLISH PROCEDURES FOR INVESTIGATING COMPLAINTS AND THE AUTHORITY OF THE BOARD TO CONDUCT HEARINGS; TO ESTABLISH ACTS THAT CONSTITUTE MISCONDUCT AND TO PROVIDE SANCTIONS AND PENALTIES THAT MAY BE IMPOSED FOR MISCONDUCT; TO AMEND SECTIONS 1-30-65 AND 40-1-40, BOTH RELATING TO PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE AUTHORITY OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO ADD THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD; TO AMEND SECTIONS 40-15-10, 40-15-20, AND 40-15-40, SECTIONS 40-15-85, 40-15-105, AND 40-15-110, ALL AS AMENDED, SECTIONS 40-15-120, 40-15-135, 40-15-140, 40-15-170, 40-15-177, 40-15-180, 40-15-190, 40-15-200, 40-15-212, 40-15-215, 40-15-300, AND 40-15-320, ALL RELATING TO LICENSURE AND REGULATION OF DENTAL HYGIENISTS UNDER THE AUSPICES OF THE STATE DENTAL BOARD, SO AS TO AMEND THESE PROVISIONS TO CONFORM WITH THE PROVISIONS OF CHAPTER 16, TITLE 40, AS ADDED BY THIS ACT; TO PROVIDE THAT CURRENT LICENSES OF DENTAL HYGIENISTS CONTINUE IN EFFECT UNTIL THE LICENSE EXPIRES, AT WHICH TIME THE LICENSE MUST BE ISSUED BY THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD AS PROVIDED FOR IN THIS ACT; AND TO PROVIDE THAT REGULATIONS OF THE STATE BOARD OF DENTISTRY THAT PERTAIN TO DENTAL HYGIENISTS AND DENTAL HYGIENE PRACTICE, NOT COVERED IN THIS ACT, REMAIN IN EFFECT UNTIL THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD PROMULGATES SUCH REGULATIONS; TO RENAME CHAPTER 15, TITLE 40 "DENTISTS AND DENTAL TECHNICIANS"; AND TO REPEAL SECTIONS 40-15-80, 40-15-82, AND 40-15-102, ALL RELATING TO THE LICENSURE AND REGULATION OF DENTAL HYGIENISTS UNDER THE AUSPICES OF THE STATE DENTAL BOARD.
l:\council\bills\nbd\12277ac06.doc

Read the first time and referred to the Committee on Medical Affairs.

S. 1252 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SPAN BRIDGE OVER THE INTRACOASTAL WATERWAY THAT CROSSES HIGHWAY 9 IN HORRY COUNTY IN HONOR OF J. BRYAN FLOYD, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. BRYAN FLOYD BRIDGE".
l:\council\bills\dka\3659dw06.doc

On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 1253 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE OUTSTANDING CONTRIBUTIONS OF THE CIVILIAN CONSERVATION CORPS TO THE BEAUTY AND PRESERVATION OF THE SOUTH CAROLINA LANDSCAPE, AND TO DESIGNATE MARCH 31, 2006, AS "CCC RECOGNITION DAY".
l:\council\bills\nbd\12295ac06.doc

On motion of Senator LOURIE, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 1254 (Word version) -- Senators Ford and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-55 SO AS TO PROHIBIT HOSPITALS FROM CHARGING UNINSURED PATIENTS FEES IN EXCESS OF THE MAXIMUM FEES CHARGED TO INSURED PATIENTS FOR THE SAME SERVICES.
l:\council\bills\nbd\12294ac06.doc

Read the first time and referred to the Committee on Medical Affairs.

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

Senator SHEHEEN spoke on the Resolution.

On motion of Senator SHEHEEN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4796 (Word version) -- Reps. Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, 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 CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BEAVER CREEK INDIANS ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4797 (Word version) -- Reps. Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, 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 CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SANTEE INDIAN ORGANIZATION ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4799 (Word version) -- 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, 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 CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CHALOKLOWA CHICKASAW INDIAN PEOPLE ON RECEIVING THE DISTINGUISHED HONOR OF BEING GRANTED RECOGNITION AS A "GROUP" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4807 (Word version) -- Reps. Ballentine, Leach, Hamilton, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, 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, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, 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 CONCURRENT RESOLUTION TO HONOR AND COMMEND MITSY BALLENTINE, THE BELOVED MOTHER OF OUR ESTEEMED COLLEAGUE, REPRESENTATIVE NATHAN BALLENTINE, FOR HER OUTSTANDING SERVICE FOR OVER THIRTY YEARS TO GREENVILLE TECHNICAL COLLEGE UPON HER RETIREMENT AND TO WISH HER THE BEST OF HEALTH AND MUCH HAPPINESS IN HER RETIREMENT AS SHE ENJOYS MORE TIME WITH HER ADORED GRANDCHILDREN SARAH, J. C., AND EMMA.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4815 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEE DEE INDIAN TRIBE ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4818 (Word version) -- Reps. Harrell, Altman, Breeland, R. Brown, Chellis, Dantzler, Hagood, Limehouse, Mack, Merrill, Miller, Scarborough, Whipper and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE WEST ASHLEY HIGH SCHOOL VOLLEYBALL TEAM OF CHARLESTON COUNTY ON ITS IMPRESSIVE STATE AAAA VOLLEYBALL CHAMPIONSHIP TITLE, AND TO HONOR ITS PLAYERS AND THEIR COACH, CHRISTY JICKLING, ON AN EXTRAORDINARY SEASON.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4819 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEMORATE THOSE INVOLVED IN THE LANDMARK SOUTH CAROLINA CASE, BRIGGS V. ELLIOTT, FOR THEIR COURAGE AND COMMITMENT TO JUSTICE IN CHALLENGING THE CONSTITUTIONALITY OF "SEPARATE BUT EQUAL" EDUCATION AND TO RECOGNIZE THEM FOR THEIR HEROIC CONTRIBUTIONS TO EDUCATIONAL EQUALITY AND OPPORTUNITY FOR ALL SOUTH CAROLINIANS.

The Concurrent Resolution was adopted, ordered returned to the House.

Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report on:

Alexander                 Patterson                 McGill
Reese                     Knotts                    O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

Tuesday, March 21, 2006 - 6:00-8:00 PM
Members of the Senate, Barbeque, National Guard Armory, 924 Stadium Rd., by Judges (SC Supreme Court Justices, Court Of Appeals, Circuit Court, Family Court, Master-In-Equity)

Tuesday, March 21, 2006 - 8:00-10:00 PM
Members of the Senate and staff, Reception, Art Museum, by Florence County Day

Wednesday, March 22, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, Seawell's, by Palmetto Pride

Wednesday, March 22, 2006 - 12:00-2:00 PM
Members of the Senate and staff, Lunch, 221 Blatt, by SC Childcare Association

Wednesday, March 22, 2006 - 6:00-8:00 PM
Members of the Senate, Reception, Seawell's on Rosewood Drive, by SC Association of Municipal Power Systems

Thursday, March 23, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by Wil Lou Gray Opportunity School

Tuesday, March 28, 2006 - 6:00 - 8:00 PM
Members of the Senate and Staff, Reception - "York County Day", Clarion Town House, by York County Regional Chamber of Commerce

Wednesday, March 29, 2006 - 7:45 AM
Members of the Senate, Breakfast, Radisson Hotel, by South Carolina Prayer Fellowship

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 229 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO CREATE THE OFFENSE OF ENGAGING IN A HOG-DOG FIGHTING EVENT OR A HOG-DOG RODEO, TO DEFINE THE TERMS "HOG-DOG FIGHTING EVENT" AND "HOG-DOG RODEO", AND TO PROVIDE A PENALTY FOR A VIOLATION.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 301 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 7-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO DELETE A PROVISION REQUIRING THAT AN ABSENTEE BALLOT BE AVAILABLE FOR RELIGIOUS REASONS; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-260, AS AMENDED, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING MUNICIPAL PRIMARIES, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-310, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ABSENTEE VOTING, SO AS TO DELETE CERTAIN DEFINITIONS WHICH ARE NO LONGER NECESSARY WITH THE CHANGES MADE TO THE ARTICLE BY THIS ACT; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF AN APPLICATION FOR ABSENTEE BALLOT, SO AS TO SPECIFY CERTAIN CATEGORIES OF VOTERS WHICH MAY USE A DIFFERENT FORM AND TO PROVIDE THAT A QUALIFIED ELECTOR DOES NOT HAVE TO STATE THE REASON FOR REQUESTING AN ABSENTEE BALLOT ON THE APPLICATION FORM; AND TO AMEND SECTION 7-15-395, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONCERNING PRIMARIES, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a majority favorable and Senator HUTTO a minority unfavorable report on:

S. 513 (Word version) -- Senators Richardson, McConnell, Thomas, Hawkins and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE REPAIR BUSINESS TO ADMINISTER INSURANCE CLAIMS FOR MOTOR VEHICLE REPAIRS.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 572 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO REDESIGNATE THE FORMER SECTION 11-35-4020 PROVIDING FOR THE SALE OF UNSERVICEABLE MATERIALS AND EQUIPMENT BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 and 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4340, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER", "DESIGNATED BOARD OFFICE," OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE, FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR OFFICER OR POSITION OF THE BOARD; TO REPLACE REFERENCES OF PROCUREMENT REQUIREMENTS FOR "GOODS AND SERVICES" WITH "SUPPLIES, SERVICES, AND INFORMATION TECHNOLOGY", REFINE AND CONFORM VARIOUS COMPETITIVE BIDDING MODES, TO INCREASE MAXIMUM DOLLAR THRESHOLDS IN SEVERAL INSTANCES, TO REDUCE THE POTENTIAL BIDDERS TO BE RANKED IN CERTAIN CONSTRUCTION CONTRACTS FROM FIVE TO THREE, TO REDUCE THE CONTRACT AMOUNT ALLOWING WAIVER OF A BOND AND SECURITY, AND TO ADJUST SMALL PURCHASE THRESHHOLDS AND AGENCY BASELINE CERTIFICATION; TO PROVIDE THAT A GOVERNMENTAL BODY HAVE A GOAL THAT TEN PERCENT OF ITS TOTAL DOLLAR AMOUNT OF PROCUREMENT FUNDS EXPENDED BE WITH A MINORITY BUSINESS ENTERPRISE AND TO INCREASE THE TAX CREDIT FOR DEALING WITH AN MBE TO FIFTY THOUSAND DOLLARS ANNUALLY OVER TEN YEARS; TO SHORTEN THE PROTEST DEADLINE; AND TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND AN AFFECTED GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN A REVIEW OR APPEAL OF AN ADMINISTRATIVE OR LEGAL DECISION MADE PURSUANT TO THE PROCUREMENT CODE; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDITS FOR STATE CONTRACTORS AND SUBCONTRACTORS WITH MINORITY FIRMS, SO AS TO INCREASE THE CREDIT TO FIFTY THOUSAND DOLLARS ANNUALLY FOR TEN YEARS; AND TO REPEAL SUBARTICLE 11 OF ARTICLE 1, CHAPTER 35, TITLE 11 RELATING TO THE ACCEPTANCE OF GIFTS IN KIND OF ARCHITECTURAL AND ENGINEERING SERVICES BY A GOVERNMENTAL BODY; SECTION 11-35-1270, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT FOR CERTAIN SERVICES, AND SUBARTICLE 5 OF ARTICLE 15, CHAPTER 35, TITLE 11 RELATING TO THE CONTINUATION OF CERTAIN PROVISIONS OF LAW.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

S. 802 (Word version) -- Senators Alexander, Bryant, Knotts, Martin and Moore: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator McCONNELL a minority unfavorable report on:

S. 973 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 5, TITLE 7 SO AS TO CREATE THE ELECTIONS STUDY COMMISSION, TO PROVIDE FOR ITS DUTIES AND RESPONSIBILITIES, TO PROVIDE FOR ITS MEMBERSHIP, TO PROVIDE FOR APPOINTMENT OF ITS MEMBERS AND ELECTION OF ITS CHAIRMAN, TO PROVIDE FOR THE TERMS OF ITS MEMBERS, AND TO REQUIRE THE COMMISSION TO MAKE A REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY WITHIN NINETY DAYS OF EACH GENERAL ELECTION CONTAINING RECOMMENDATIONS TO IMPROVE CITIZEN-INFORMED PARTICIPATION IN THE ELECTORAL PROCESS.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 975 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-275 SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT IN THE TENTH GRADE BE FURNISHED A VOTER REGISTRATION FORM AND BE INSTRUCTED IN A CLASSROOM ENVIRONMENT OR THROUGH A METHOD APPROVED BY THE LOCAL SCHOOL DISTRICT TO BE APPRISED OF THE IMPORTANCE OF VOTING, TO ALLOW A STUDENT TO OPT OUT OF THE PROCESS, TO REQUIRE A HIGH SCHOOL REGISTRANT BE MAILED A VOTER REGISTRATION CARD BEFORE THE FIRST ELECTION IN WHICH HE IS ELIGIBLE TO VOTE; AND TO PROVIDE THAT A CITIZEN OTHERWISE INELIGIBLE TO VOTE WHO IS RELEASED FROM INCARCERATION RECEIVE A REGISTRATION FORM IN THE MAIL WITH A LETTER EXPLAINING THAT HIS VOTING RIGHTS HAVE BEEN RESTORED AND THAT HE IS ELIGIBLE TO REGISTER AND VOTE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 1138 (Word version) -- Judiciary Committee: A BILL TO ENACT THE "SEX OFFENDER ACCOUNTABILITY AND PROTECTION OF MINORS ACT OF 2006" BY AMENDING SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 23-3-460, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION EVERY SIX MONTHS RATHER THAN ANNUALLY; TO AMEND SECTION 23-3-530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL; TO AMEND SECTION 23-3-540, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO SHALL OR MAY BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS; AND TO AMEND SECTION 23-3-550, RELATING TO HARBORING OR CONCEALING SEX OFFENDERS, SO AS TO REVISE THE OFFENSE OF ASSISTING OR HARBORING UNREGISTERED SEX OFFENDERS.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 1208 (Word version) -- Senator Land: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF SHOOTING PRESERVES, SO AS TO REVISE THE MANNER OF THEIR ESTABLISHMENT, THE LEGAL SHOOTING PRESERVES SPECIES, AND OTHER PROVISIONS PERTAINING TO THE OPERATION OF SHOOTING PRESERVES.

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a favorable report on:

S. 1238 (Word version) -- Senators McConnell, Moore, Rankin, Drummond, Land, Setzler, Leatherman, Peeler, Matthews, McGill, O'Dell, Elliott, Martin, Mescher, Ryberg, Short, Alexander, Grooms, Richardson, Verdin, Cromer, Bryant, Ford and Scott: A BILL TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO JOINTLY OWN A NUCLEAR POWER STATION AND RELATED TRANSMISSION FACILITIES WITH THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY ON A SITE AT OR NEAR PARR SHOALS IN FAIRFIELD COUNTY, SO AS TO CONFIRM THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY OWNED BY THE PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3196 (Word version) -- Reps. Whitmire, Mahaffey and Sandifer: A BILL TO AMEND SECTION 33-31-708, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION TAKEN BY BALLOT OF A NONPROFIT CORPORATION, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC BALLOT.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3720 (Word version) -- Reps. Talley, Harrison and Clark: A BILL TO AMEND SECTION 7-15-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO EXPAND THE APPLICATION OF THE PROVISIONS OF THE SECTION AND DIRECT THE STATE ELECTION COMMISSION TO TAKE ALL STEPS NECESSARY INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS, TO ENSURE THAT ANY OUT-OF-STATE RESIDENT HAS THE OPPORTUNITY TO RECEIVE AND CAST ANY BALLOT HE WOULD HAVE BEEN ELIGIBLE TO CAST IF HE HAD RESIDED AND REMAINED IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 3879 (Word version) -- Reps. M.A. Pitts, Hardwick, Witherspoon, E.H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn, Sandifer, Sinclair, G.R. Smith, W.D. Smith, Umphlett, Duncan and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER ASSISTED REMOTE HUNTING, TO DEFINE COMPUTER ASSISTED REMOTE HUNTING FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

H. 3881 (Word version) -- Reps. Hagood, Brady, Altman, Limehouse, Scarborough, Taylor, R. Brown, Mack, Miller, Whipper, Bailey, Weeks and Funderburk: A BILL TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION, INTERGOVERNMENTAL COORDINATION, AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET-BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "UNNECESSARY HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 4319 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Altman, Vaughn, Battle, Cotty, Whipper, Taylor, Kirsh, Coates, Toole, Ballentine, Vick, Littlejohn, Sandifer, Mahaffey, Hardwick, Walker, R. Brown, Haley, McLeod, Ceips and Weeks: A BILL TO AMEND SECTION 10-1-161, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING, SO AS TO PROVIDE THAT THE GOVERNOR MAY ORDER FLAGS FLOWN AT HALF-STAFF WHEN AN ACT OF CONGRESS OR A PRESIDENTIAL ORDER IS ISSUED ORDERING FLAGS ON FEDERAL BUILDINGS BE FLOWN AT HALF-STAFF.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 4474 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO CLARIFY THE STATE BUDGET AND CONTROL BOARD'S ACTION TAKEN ON NOVEMBER 1, 2005, RELATING TO THE SECOND INJURY FUND'S ASSESSMENT.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:

H. 4757 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2006 AS VOTER EDUCATION MONTH IN SOUTH CAROLINA FOR THE PURPOSE OF ENCOURAGING PEOPLE TO REGISTER TO VOTE AND FOR THE PURPOSE OF EDUCATING VOTERS ON THE STATE'S NEW VOTING MACHINES TO BE USED FOR THE FIRST TIME IN ALL COUNTIES.

Ordered for consideration tomorrow.

S. 1179 (Word version) -- Senators Grooms, Campsen, Cleary, Richardson and Alexander: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.

Returned with concurrence.

Received as information.

S. 1237 (Word version) -- Senators Jackson, Moore, Malloy, Ford, Anderson, Ryberg and Pinckney: A CONCURRENT RESOLUTION TO HONOR THE RICH HISTORY OF SILVER BLUFF BAPTIST CHURCH AT SILVER BLUFF IN AIKEN COUNTY, THE OLDEST BLACK CHURCH IN AMERICA, AND TO RECOGNIZE THE GREAT WORKS OF THE CHURCH AND ITS LEADERS OVER THE PAST TWO HUNDRED FIFTY YEARS IN SPREADING THE WORD OF GOD AND SERVING AS THE SPIRITUAL ESSENCE OF BLACK HISTORY.

Returned with concurrence.

Received as information.

S. 1247 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE THE LOWER RICHLAND DIAMONDS GIRLS BASKETBALL TEAM FOR WINNING THE CLASS 4A STATE BASKETBALL CHAMPIONSHIP ON FRIDAY, MARCH 3, 2006, AT THE COLONIAL CENTER IN COLUMBIA.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4539 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 3014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator COURSON explained the Resolution.

H. 4541 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4671 (Word version) -- Reps. G.M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM FOR THE TERMS "HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.

Senator SHEHEEN explained the Bill.

The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:

H. 4540 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3015, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4542 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4543 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE SCHOLARSHIP, SC HOPE SCHOLARSHIP, AND PALMETTO FELLOWS SCHOLARSHIP APPEALS REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator COURSON explained the Resolution.

H. 4624 (Word version) -- Reps. Vaughn, Harrell, Cooper, Haskins, Leach, Taylor, Bannister, Cato, Ceips, Hamilton, Littlejohn, Loftis, Mahaffey, Mitchell, Rice, Sinclair, F.N. Smith, G.R. Smith, W.D. Smith, Talley, Walker, Tripp and Townsend: A BILL TO AMEND SECTION 56-3-2330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF MOTOR VEHICLE MANUFACTURER LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT THE DEPARTMENT MAY ISSUE TO A MOTOR VEHICLE MANUFACTURER.

Senator RYBERG explained the Bill.

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

Senator RITCHIE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator HAWKINS proposed the following amendment (JUD0616.003), which was adopted:

Amend the committee amendment bearing document number (JUD0616.002), as and if amended, page 1, by striking the last line of Section 20-3-155 in its entirety and inserting:

/   agreement may enter into a consent order to permit continued support contrary to the provisions of this section. A person may petition a court of competent jurisdiction for relief from an order to pay alimony or spousal support pursuant to the provisions of this section if the order from which the person seeks relief is an order reinstating alimony or spousal support to a former spouse whose remarriage was later annulled by a court of competent jurisdiction."   /

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD0616.002), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 in its entirety and inserting the following:

/   SECTION 1.   Chapter 3, Title 20 of the 1976 Code is amended by adding:

"Section 20-3-155.   For purposes of Section 20-3-150 and other provisions of law requiring the cessation of alimony or spousal support upon the remarriage of the supported spouse, a remarriage of the supported spouse which is later annulled by a court of competent jurisdiction shall cause the cessation of alimony or spousal support. The parties to a divorce or separation agreement may enter into a consent order to permit continued support contrary to the provisions of this section."   /

Amend title to conform.

The committee amendment was adopted.

Senator RITCHIE proposed the following amendment (JUD0616.004), which was adopted:

Amend the bill, as and if amended, page 1, line 38, by striking SECTION 2 in its entirety and inserting therein the following:

/   SECTION   2.   If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY REGARDING CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT, AND TO AMEND SECTIONS OF THE CODE RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS.
(ABBREVIATED TITLE)

Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

Committee on Education proposed the following amendment (GGS\22478SJ06), which was adopted:

Amend the bill, as and if amended, in Section 59-18-310(B) as contained in SECTION 3, page 5, lines 5 and 6, by deleting   /   an exit examination which is to be first administered in grade ten, / and inserting /   an exit examination, which is to be first administered in grade ten,   /

Amend further, Section 59-18-310(D) as contained in SECTION 4, page 5, beginning on line 18, by deleting subsection (D) in its entirety and inserting:

/   (D)   By March 31, 2007, the State Board of Education shall create a statewide adoption list of formative assessments aligned with the state content standards and satisfying professional measurement standards in accordance with criteria jointly determined by the Education Oversight Committee and the State Department of Education. The formative assessments must provide diagnostic information in a timely manner to all school districts for each student during the course of the school year. With funds appropriated by the General Assembly, local districts must be allocated resources to select and administer formative assessments from the statewide adoption list to use to improve student performance in accordance with district improvement plans. However, if a local district already administers formative assessments, the district may continue to use the assessments if they meet the state standards and criteria pursuant to this subsection./

Amend further, Section 59-18-320(B) as contained in SECTION 4, page 6, beginning on line 9, by deleting subsection (B) in its entirety and inserting:

/   (B)   After review and approval by the Education Oversight Committee, the standards-based assessment of mathematics, English/language arts, social studies, and science will be administered to all public school students to include those students as required by the 1997 reauthorization of the federal Individuals with Disabilities Education Act and by Title 1 at the end of grades three through eight. To reduce the number of days of testing, to the extent possible, field test items must be embedded with the annual assessments. In accordance with the requirements of the federal No Child Left Behind Act, science assessments must be administered annually to all students in one elementary and one middle school grade. The State Department of Education shall develop a sampling plan to administer science and social studies assessments to all other elementary and middle school students. The plan shall provide for all students and both content areas to be assessed annually; however, individual students, except in census testing grades, are not required to take both tests. In the sampling plan, approximately half of the assessments must be administered in science and the other half in social studies in each class. To ensure that school districts maintain the high standard of accountability established in the Education Accountability Act, performance level results reported on school and district report cards must meet consistently high levels in all four core content areas. Beginning with the 2007 report card, the core areas must remain consistent with the following percentage weightings established and approved by the Education Oversight Committee: in grades three through five, thirty percent each for English/language arts and math, and twenty percent each for science and social studies; and in grades six through eight, twenty-five percent each for English/language arts and math, and twenty-five percent each for science and social studies. The exit examination in these four academic areas will must be administered for the first time at the end of grade ten the student's second year of high school enrollment beginning with grade nine. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities. The State Board of Education shall establish a task force to recommend alternative evidence and procedures that may be used to allow students to meet graduation requirements even if they have failed the exit examination. The alternative evidence only may be used in the rare instances where there is compelling evidence that a student is well qualified for graduation, but extreme circumstances have interfered with passage of the exit examination and, for that reason alone, the student would be denied a state high school diploma.   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4328 (Word version) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J.H. Neal, Owens, E.H. Pitts, D.C. Smith, M.A. Pitts, Bailey, Littlejohn, Clyburn, Toole, Bannister and Loftis: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY REGARDING CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT, TO AMEND SECTIONS OF THE CODE RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, AND TO REPEAL CHAPTER 30 OF TITLE 59 RELATING TO THE BASIC SKILLS ASSESSMENT PROGRAM.
(ABBREVIATED TITLE)

Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (BBM\9324SJ06), which was adopted:

Amend the bill, as and if amended, Section 59-18-310(D) as contained in SECTION 3, page 5, beginning on line 20, by deleting subsection (D) in its entirety and inserting:

/ (D)   By March 31, 2007, the State Board of Education shall create a statewide adoption list of formative assessments aligned with the state content standards and satisfying professional measurement standards in accordance with criteria jointly determined by the Education Oversight Committee and the State Department of Education. The formative assessments must provide diagnostic information in a timely manner to all school districts for each student during the course of the school year. For use beginning with the 2007-08 school year, with funds appropriated by the General Assembly, local districts must be allocated resources to select and administer formative assessments from the statewide adoption list to use to improve student performance in accordance with district improvement plans. However, if a local district already administers formative assessments, the district may continue to use the assessments if they meet the state standards and criteria pursuant to this subsection. /

Amend the bill further, Section 59-18-320(B) as contained in SECTION 4, page 6, beginning on line 11, by deleting subsection (B) in its entirety and inserting:

/ (B)   After review and approval by the Education Oversight Committee, the standards-based assessment of mathematics, English/language arts, social studies, and science will be administered to all public school students to include those students as required by the 1997 reauthorization of the federal Individuals with Disabilities Education Act and by Title 1 at the end of grades three through eight. To reduce the number of days of testing, to the extent possible, field test items must be embedded with the annual assessments. In accordance with the requirements of the federal No Child Left Behind Act, science assessments must be administered annually to all students in one elementary and one middle school grade. The State Department of Education shall develop a sampling plan to administer science and social studies assessments to all other elementary and middle school students. The plan shall provide for all students and both content areas to be assessed annually; however, individual students, except in census testing grades, are not required to take both tests. In the sampling plan, approximately half of the assessments must be administered in science and the other half in social studies in each class. To ensure that school districts maintain the high standard of accountability established in the Education Accountability Act, performance level results reported on school and district report cards must meet consistently high levels in all four core content areas. Beginning with the 2007 report card, the core areas must remain consistent with the following percentage weightings established and approved by the Education Oversight Committee: in grades three through five, thirty percent each for English/language arts and math, and twenty percent each for science and social studies; and in grades six through eight, twenty-five percent each for English/language arts and math, and twenty-five percent each for science and social studies. The exit examination in these four academic areas will must be administered for the first time at the end of grade ten the student's second year of high school enrollment beginning with grade nine. For students with documented disabilities, the assessments developed by the Department of Education shall include the appropriate modifications and accommodations with necessary supplemental devices as outlined in a student's Individualized Education Program and as stated in the Administrative Guidelines and Procedures for Testing Students with Documented Disabilities. The State Board of Education shall establish a task force to recommend alternative evidence and procedures that may be used to allow students to meet graduation requirements even if they have failed the exit examination. The alternative evidence only may be used in the rare instances where there is compelling evidence that a student is well qualified for graduation, but extreme circumstances have interfered with passage of the exit examination and, for that reason alone, the student would be denied a state high school diploma." /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

The following Bills and Joint Resolutions were carried over as follows:

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

Senator ALEXANDER explained the Bill.

On motion of Senator THOMAS, the Bill was carried over.

S. 1104 (Word version) -- Senators Thomas, Ford, Malloy, Williams and Anderson: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIVE DISMISSAL BY A COURT OF A PROSECUTION FOR A DISHONORED CHECK UPON RESTITUTION, SO AS TO MAKE THE DISMISSAL MANDATORY; AND TO AMEND SECTION 34-11-100, RELATING TO THE EFFECT OF PAYMENT OF A DISHONORED CHECK AFTER THE INITIATION OF PROSECUTION, SO AS TO PROVIDE THAT PAYMENT IS GROUNDS FOR DISMISSAL OF THE CHARGES.
On motion of Senator RYBERG, the Bill was carried over.

S. 1233 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator GREGORY, the Resolution was carried over.

S. 1234 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LEATHERMAN, the Resolution was carried over.

S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senators SHEHEEN, RYBERG and SETZLER proposed the following amendment (S-680 SHEHEEN-RYBERG2), which was adopted:

Amend the committee amendment, as and if amended, page [680-1], by striking lines 24-33 and inserting:

/   SECTION   1.   Chapter 41, Title 39 of the 1976 Code is amended by adding:

"Section 39-41-295.   Notwithstanding Section 39-41-260, or any other provision of law, motor fuel, as defined in Section 12-28-110(39), may be dispensed at an unattended service station if the dispensing device has an automatic shut-off valve that is activated when the sale of the motor fuel reaches sixty-five dollars. In addition, the dispensing device shall be equipped with emergency controls pursuant to Chapter 22 Section 2204.3.3 of the International Fire Code. The service station shall be equipped with a 2A-20B-C fire extinguisher within seventy-five feet of the pump as required in Chapter 22 Section 2205.5 of the International Fire Code."

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

The Committee on Labor, Commerce and Industry proposed the following amendment (S-680 AMENDMENT), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Chapter 41, Title 39 of the 1976 Code is amended by adding:

"Section 39-41-295.   Notwithstanding Section 39-41-260 or any other provision of law, motor fuel, as defined in Section 12-28-110(39), may be dispensed at an unattended service station if the dispensing device has an automatic shut-off valve that is activated when the sale of the gasoline or diesel fuel reaches sixty-five dollars."

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator SETZLER, the Bill was carried over, as amended.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.

S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.

On motion of Senator GREGORY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator GREGORY spoke on the report.

On motion of Senator GREGORY, the Report of the Committee of Conference to S. 1061 was adopted as follows:

The Committee of Conference, to whom was referred:

S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 03/2/06.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Sections 51-17-10 through 51-17-150 of the 1976 Code are redesignated as:

"Article 1

Heritage Trust Program"

SECTION   2.   A.   (A)   The General Assembly finds that it is desirable to provide continuing and general statutory authority for the South Carolina Department of Natural Resources to incur debt for the purpose of acquiring, restoring, improving, and managing certain Heritage Preserves as a part of The Heritage Trust Program, which debt is secured by a pledge of the revenues derived from a portion of the state deed recording fee dedicated to the Heritage Land Trust Fund pursuant to Article 24 of Title 12 of the 1976 Code. As trustee of the South Carolina Heritage Trust and administrators of the Heritage Land Trust Fund, the board of the South Carolina Department of Natural Resources has demonstrated a need for additional funds to provide for acquisition, restoration, improvement, and management of properties that qualify for inclusion in the Heritage Trust Program and preservation for the benefit of present and future residents of the State of South Carolina.

(B)   The General Assembly further finds that it is in the best interests of the people of this State to authorize the Board of the Department of Natural Resources, in its role as the trustee of the South Carolina Heritage Trust, acting through and in accordance with the terms of the Heritage Trust Program, to acquire, restore, improve, and manage additional properties suitable for inclusion in the Heritage Trust Program and to incur indebtedness for these purposes which is payable from the revenues derived from that portion of the state deed recording fee dedicated to the Heritage Land Trust Fund pursuant to Article 24 of Title 12 of the 1976 Code as provided in Article 3.
B.   Chapter 17 of Title 51 of the 1976 Code is amended by adding:

Section 51-17-310.   As used in this article:

(1)   'Board' means the governing board of the Department of Natural Resources which serves as the trustees of the South Carolina Heritage Trust.

(2)   'Bond' or 'bonds' means a note, bond, installment contract, or other evidence of indebtedness issued pursuant to this article.

(3)   'Bond Reserve Fund' means the special fund that may be established by the board pursuant to this article, which must be in the custody of the State Treasurer or a corporate trust department of a financial institution selected by the State Treasurer and which is established primarily for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds if payments otherwise required from the debt service fund are insufficient to meet the payment of the principal and interest as and when they are due and payable.

(4)   'Department' means the South Carolina Department of Natural Resources.

(5)   'Heritage Land Trust Fund' means the fund established and administered pursuant to Section 51-17-115 of the 1976 Code.

(6)   'Heritage Land Trust portion of the state deed recording fee' means that portion of the state deed recording fee credited to the Heritage Land Trust Fund pursuant to Section 12-24-90(B)(1) of the 1976 Code.

(7)   'Heritage Preserve' has the meaning provided in Section 51-17-10(7) of the 1976 Code.

(8)   'The Heritage Trust Program' has the meaning provided in Section 51-17-10(12) of the 1976 Code.

(9)   'State' or 'this State' means the State of South Carolina.

(10)   'State deed recording fee' means that portion of the deed recording fee imposed by Chapter 24 of Title 12 of the 1976 Code designated as the 'state fee' in Section 12-24-90 of the 1976 Code.

(11)   'State Treasurer' means the State Treasurer of South Carolina.

(12)   'Trustees' means the trustee of the South Carolina Heritage Trust which is the Board of the Department of Natural Resources.

Section 51-17-320.   (A)   The board may issue bonds in the name of the trustees for the purposes and in the manner provided in this section. The title of the bonds shall be designated by the board acting as the trustees.

(B)   All bonds must be secured by and payable from only the Heritage Land Trust portion of the state deed recording fee, or that portion as the board determines to pledge for payment.

(C)   The trustees or a person executing the bonds or notes are not liable personally on the bonds or notes and are not subject to personal liability or accountability by reason of the issuance of the bonds.

(D)   The board acting as the trustees may not pledge the faith, credit, or taxing power of this State or its political subdivisions in connection with the issuance of the bonds, and each bond must recite on its face that it is a special source bond of the trustees issued pursuant to and in accordance with this article and Article X, Section 13(9) of the Constitution of this State, that it is secured by and payable from only the Heritage Land Trust portion of the state deed recording fee, that it is neither a general, legal, nor moral obligation of the State or its political subdivisions, and that it is not backed by the full faith, credit, or taxing power of this State or any of its political subdivisions. Failure to include this language on the face of a bond does not cause the bond to become a general, legal, or moral obligation of the State or its political subdivisions or a pledge of the full faith, credit, or taxing power of this State or its political subdivisions.

(E)   A pledge of the Heritage Land Trust portion of the state deed recording fee made by the board acting as the trustees is valid and binding from the time the pledge is made. The trust portion of the state deed recording fee received by the Heritage Land Trust Fund is immediately subject to the lien of the pledge without physical delivery of the receipt or further act. The lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the trustees, whether or not the parties have notice of them. The resolution of the board or other instrument by which a pledge is created must not be recorded or filed to perfect the pledge. In the resolution of the board authorizing the issuance of a bond pursuant to this article, the board shall provide for the priority of payment of the bond from all monies received by the Heritage Land Trust Fund as its portion of the state deed recording fee.

(F)   The trustees may not issue a bond with a scheduled maturity later than thirty years after the date of issuance.

(G)   When issuing bonds for the purpose described in this article, the trustees may sell bonds either in a negotiated transaction with one or more lead underwriters selected by the board acting as the trustees on the basis of criteria established by the board acting as the trustees, or through a competitive bidding process in accordance with procedures established by the board. The determination of whether to sell bonds through negotiation or through competitive bidding must be made by the board.

(H)   The trustees may not issue a bond unless the board has first adopted its resolution authorizing the issuance, finding that the issuance and the proposed use of the bond proceeds is in accordance with this chapter, and setting out the terms and conditions of the bond and the covenants of the trustees with respect to the bond. These terms must include the issuance date or dates, the maturity date or dates, the principal amount, the interest rate or the means of determining it, whether fixed or variable, the time, manner, and currency for paying interest and principal, the negotiability of the bond, and restrictions relating to the registration of the bond. The covenants may include, without limitation, the establishment and maintenance of dedicated reserve funds for the payment of debt service on a bond if the Heritage Land Trust portion of the state deed recording fee is inadequate in any year, restrictions on the later issuance of additional bonds or making the later issuance subject to certain conditions relating to available debt service coverage or otherwise, or other matter that the board considers appropriate, subject to subsection (I) of this section. A bond of the trustees must be approved also by the State Budget and Control Board, after review by the Joint Bond Review Committee pursuant to Section 2-47-30 of the 1976 Code, before it is delivered.

(I)   The board may not authorize or cause the trustees to enter into a covenant that purports to create a general, legal, or moral obligation of this State or its political subdivisions or to pledge the full faith, credit, or taxing power of the State or its political subdivisions. A covenant in violation of this subsection is void and of no effect.

(J)   Subject to the requirements of this section, the board acting as the trustees may authorize the issuance of bonds of the trustees for the purpose of:

(1)   refunding, on a current or advance-refunding basis, outstanding bonds of the trustees; or

(2)   obtaining funds for delivery to the Heritage Land Trust Fund. Proceeds of bonds issued for this purpose must be delivered promptly to the Heritage Land Trust Fund and used only for the purposes provided in Section 51-17-115 of the 1976 Code, except as needed to defray the costs of issuance of the bonds or to establish a reserve fund for the bonds.

(K)   The bonds and the issuance of the bonds pursuant to this article are subject to the provisions of Sections 11-15-20 and 11-15-30 of the 1976 Code and any successor provisions.

Section 51-17-330.   (A)   A bond provided for in this article and the income from a bond is exempt from all taxation in the State except for inheritance, estate, or transfer taxes, regardless of the federal income tax treatment of the interest from the bond.

(B)   The exercise of the powers granted by this chapter is in all respects for the benefit of the citizens of the State and for the promotion of their welfare, convenience, and prosperity. Property, whether real or personal, tangible or intangible, of the department or the trustees and the income and operations of the department and the Heritage Trust Program are exempt from taxation or assessment by the State or its political subdivisions.

(C)   It is lawful for executors, administrators, guardians, committees, and other fiduciaries to invest monies in their hands in a bond provided for in this article. This section does not relieve a person from the duty of exercising reasonable care in selecting investments.

Section 51-17-340.   The State pledges and agrees with the trustees, and the holders of the bonds in which the trustees have included the pledge and agreement, that the State may not limit or alter the rights of the trustees to fulfill the terms of its agreements with the holders, and may not impair the rights and remedies of the holders or the security for the bonds until the bonds, together with the interest on them and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully paid and discharged. While bonds issued pursuant to the authorizations contained in this article are outstanding, the State shall impose and maintain the state deed recording fee and the Heritage Land Trust portion of the state deed recording fee at a rate sufficient to produce all revenues to discharge all covenants, agreements, and obligations of the department and the trustees with respect to the bonds.
Section 51-17-350.   In each year that bonds issued pursuant to this article are outstanding, the trustees, not later than December 1 of such year, shall submit a written report to the State Budget and Control Board as to whether, based on revenues of the Heritage Land Trust portion of the state deed recording fee received by the Heritage Land Trust Fund as of July 1 of that year, the revenues are projected to be sufficient to discharge all covenants, agreements, and obligations of the department and the trustees with respect to all outstanding bonds in the calendar year immediately following.

Section 51-17-360.   The authority to issue Heritage Trust Revenue Bonds under this article shall expire two years after the effective date of this article; provided, however, this two-year limitation does not apply to bonds issued to retire bond anticipation notes, bonds issued to refund any bonds issued hereunder, and any bonds issued before this two-year limitation takes effect shall continue in full force and effect as provided in this article."

SECTION   3.   Chapter 17, Title 51 of the 1976 Code is amended by adding:

"Section 51-17-85.   Notwithstanding any other provision of law, the board may not dispose of any Heritage Trust property if otherwise permitted to do so unless there are restrictions sufficient to protect all of the natural and cultural characteristics of the property."

SECTION   4.   This act takes effect upon approval by the Governor. /
The title shall read:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM. /

/s/ Sen. Greg Gregory        /s/ Rep. M.A. Pitts
/s/ Sen. Vincent Sheheen     /s/ Rep. Marion Frye
/s/ Sen. Chip Campsen        /s/ Rep. Nelson Hardwick
On Part of the Senate              On Part of the House

, and a message was sent to the House accordingly.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 137 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 20-7-420 OF THE 1976 CODE, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OF A MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.

The House returned the Bill with amendments.

Senator RITCHIE explained the Bill.

On motion of Senator RITCHIE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

At 2:46 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed ten minutes.

At 4:31 P.M., the Senate resumed.

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Patterson
Peeler                    Pinckney                  Rankin
Reese                     Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Thomas
Verdin                    Williams

A quorum being present, the Senate resumed.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3184 (Word version) -- Reps. Harrison, G.R. Smith, Whipper, Cato, G.M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT THE RULES AND PROCEDURES FOLLOWED BY INDIVIDUAL STATE AGENCIES FOR THE HEARING OF CONTESTED CASES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE FOR, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR BY STATUTE, JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION OF A STATE AGENCY BY AN ADMINISTRATIVE LAW JUDGE AND THAT THE DECISION OF THE ADMINISTRATIVE LAW JUDGE MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE STATE ETHICS COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION BY THE EMPLOYMENT SECURITY COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE PUBLIC SERVICE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS, AND TO REPEAL CERTAIN SECTIONS RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION
(ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators LEATHERMAN, McCONNELL and SHORT proposed the following Amendment No. 5 (3184R002.HKL), which was adopted:

Amend the bill, as and if amended, by deleting SECTION 5.

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 6B (JUD3184.033), which was adopted:

Amend the bill, as and if amended, pages 10 - 11, by striking SECTION 7 in its entirety and inserting therein the following:

/   SECTION 7. Section 1-23-610 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-610.   (A)   For quasi-judicial review of any final decision of an administrative law judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, except the Department of Natural Resources and the Department of Health and Environmental Control, a petition by an aggrieved party must be filed with the appropriate board or commission and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the circuit court Court of Appeals under the provisions of (A) of this section and pursuant to Section 1-23-610(C).

(B)   For judicial review of any a final decision of an administrative law judge of cases involving departments governed by the single director in which review is not governed by subsection (A), including cases involving the Department of Natural Resources and the Department of Health and Environmental Control, a petition notice of appeal by an aggrieved party must be served and filed with the Circuit court Court of Appeals as provided in the South Carolina Appellate Court Rules in civil cases and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.

(C)   For judicial review of any final decision of an administrative law judge of cases involving professional and occupational licensing boards within the Department of Labor, Licensing, and Regulation, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.

The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:

(a)   in violation of constitutional or statutory provisions;

(b)   in excess of the statutory authority of the agency;

(c)   made upon unlawful procedure;

(d)   affected by other error of law;

(e)   clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(f)   arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(D)   Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures, or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, such these appropriations or monies must continue to be used for these purposes after the effective date of this article."

Amend the bill further, as and if amended, page 37, after line 5, by adding appropriately numbered new SECTIONS to read:

/   SECTION   ___.   Section 44-1-50 of the 1976 Code is amended to read:

"Section 44-1-50.   The board may conduct such hearings administrative reviews as may be required by law, as considered necessary by the board to render a final agency determination in matters involving the issuance, denial, renewal or revocation of permits, licenses, or other actions of the department which may give rise to a contested case, and as necessary to hear appeals from decisions of administrative law judges pursuant to Chapter 23 of Title 1. The board does not have the authority to hear appeals from decisions of the Coastal Zone Management Appellate Panel or the Mining Council. Such appeals shall be conducted pursuant to the provisions in Chapters 20 and 30 of Title 48.

The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions."

SECTION   ___.     Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-60.   (A) All Department decisions involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other action of the department, the staff of the department shall be made using the procedures set forth in this section.

(B) The Department staff shall comply with all requirements for public notice, receipt of public comments and public hearings before making a department decision. To the maximum extent possible, the Department shall use a uniform system of public notice of permit applications, opportunity for public comment and public hearings.

(C) The initial decision involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other action of the Department shall be a staff decision.

(D) In making a staff decision on any permit, license, certification or other approval, the Department staff shall take into consideration all material comments received in response to the public notice in determining whether to issue, deny or condition such permit, license, certification or other approval. At the time that such department decision is made, the Department shall issue a department decision, and shall base its department decision on the administrative record which shall consist of the application and supporting exhibits, all public comments and submissions, and other documents contained in the supporting file for the permit, license, certification or other approval. The administrative record may also include material readily available at the department, or published materials which are generally available and need not be physically included in the same file as the rest of the record as long as such materials are specifically referred to in the department decision. The department decision need not be issued for routine permits for which no adverse public comments have been received.

(E) Notice of the department decision must be sent to the applicant, permittee, licensee, and affected persons who have asked to be notified by certified mail, return receipt requested. The department decision becomes the final agency decision fifteen days after notice of the department decision has been mailed to the applicant, unless a written request for final review is filed with the department by the applicant, permittee, licensee, or affected person.

(F) No later than sixty days after the date of receipt of a request for final review, a final review conference must be conducted by the Board, its designee, or a committee of three members of the Board appointed by the chair. The department shall set the place, date, and time for the conference; give the applicant and affected persons at least ten days' written notice of the conference; and advise the applicant that evidence may be presented at the conference. The final review conference must be held as follows:

(1) Final review conferences are open to the public; however, the officers conducting the conference may meet in closed session to deliberate on the evidence presented at the conference. The burden of proof in a conference is upon the moving party. During the course of the final review conference, the department must explain the department decision and the materials relied upon in the administrative record to support the department decision. The applicant or affected party shall state the reasons for protesting the department decision and may provide evidence to support amending, modifying, or rescinding the department decision. The department may rebut information and arguments presented by the applicant or affected party and the applicant or affected party may rebut information and arguments presented by the department. Any final review conference officer may request additional information and may question the applicant or affected party, the department, and anyone else providing information at the conference.

(2) After the administrative review, the Board, its designee, or a committee of three members of the Board appointed by the chair shall issue a written final agency decision based upon the evidence presented. The decision may be announced orally at the conclusion of the administrative review or it may be reserved for consideration. The written decision must explain the bases for the decision and inform the parties of their right to request a contested case hearing before the Administrative Law Court. In either event, the written decision must be mailed to the parties no later than thirty days after the date of the administrative review. Within thirty days after the receipt of the decision an applicant, permittee, licensee, or affected person desiring to contest the final agency decision may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act. The court shall give consideration to the provisions of Section 1-23-330 regarding the department's specialized knowledge.

(3)   Prior to the initiation of the final conference, an applicant, permittee, licensee, or affected person must be notified of their right to request a transcript of the proceedings of the final conference. If a transcript is requested, the applicant, permittee, licensee, or affected person making the request must be responsible for all costs.

(G) Applicants, permittees, licensees, and affected persons are encouraged to engage in mediation during the final agency review process.

(H) The department may promulgate regulations providing for procedures for final administrative reviews.

(I) Any statutory deadlines applicable to permitting and licensing programs administered by the Department shall be extended to allow for this final review process."

Amend the bill further, as and if amended, page 38, beginning on line 1, by striking SECTION 53 in its entirety and inserting therein the following:

/   SECTION   53.   This act takes effect upon approval by the Governor and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, and for actions pending on the effective date of this act, the action proceeds as provided in this act for review.         /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senators SETZLER, KNOTTS, CROMER and COURSON proposed the following Amendment No. 7 (MS\7557AHB05), which was adopted:

Amend the bill, as and if amended, by striking in its entirety Section 1-23-320(j), as contained in SECTION 2, page 3184-2, beginning on line 30, and inserting:

/   "(j)   Unless otherwise provided by law, the standard of proof in a contested case is by a preponderance of the evidence; provided, however, that in contested case proceedings involving the determination of whether a certificate of need for new open heart surgery services should be approved, a legally conclusive presumption is created in favor of approval when the applicant can demonstrate by a preponderance of the evidence that there are no open heart surgery programs located in the same county as the applicant and that the applicant currently offers diagnostic cardiac catheterization services and has performed a minimum of twelve hundred diagnostic cardiac catheterization equivalents in the previous year of operation." /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

On motion of Senator GROOMS, with unanimous consent, Senators LOURIE, CAMPSEN, CROMER, McGILL and GROOMS were granted leave to attend a subcommittee meeting, be counted in any quorum calls and be granted leave to vote from the balcony.

Senator SETZLER resumed explaining the amendment.

Senator MARTIN spoke on the amendment.

Senator LOURIE argued contra to the adoption of the amendment.

Senator RICHARDSON spoke on the amendment.

Senator LEVENTIS spoke on the amendment.

Senator MARTIN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Bryant                    Campsen
Cleary                    Ford                      Lourie
Malloy                    Martin                    Mescher
Patterson                 Richardson                Ritchie
Sheheen                   Williams

Anderson                  Courson                   Cromer
Elliott                   Fair                      Grooms
Hawkins                   Hayes                     Hutto
Knotts                    Land                      Leventis
McConnell                 McGill                    Peeler
Reese                     Scott                     Setzler
Short                     Thomas                    Verdin

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wished the Journal to reflect that I abstained from consideration of and voting on matters pertaining to H. 3184.

The question then was the second reading of the Bill.

Senator LOURIE spoke on the Bill.

At 5:45 P.M., Senator McCONNELL assumed the Chair.

With Senator LOURIE retaining the floor, Senator RICHARDSON asked unanimous consent to make a motion that the Senate stand adjourned.

Senator SETZLER objected.

Senator LOURIE resumed speaking on the Bill.

At 5:56 P.M., with Senator LOURIE retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business not to exceed two minutes.

At 6:00 P.M., the Senate resumed.

Senator LOURIE resumed speaking on the Bill.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

The Bill was returned to the status of Special Order.

On motion of Senators RITCHIE and HAWKINS, with unanimous consent, the Senate stood adjourned out of respect to the memory of former Mayor Robert L. Stoddard of Spartanburg, S.C.

At 6:02 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 1:08 P.M.