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 the Chaplain as follows:

Beloved, the first time the word "peace" is used in the Bible is Genesis 34:21:

"And Hamor and Shechem his son, came to the gate of the city; and spoke with the men of their city, saying, 'These men are at peace with us. Therefore, let them dwell in the land and trade in it...'."

Let us pray.

Father, that first use of the word "peace" represents an economic and trade relationship between men and then moves to theology where both find their permanent relationship with God.

Make us humble students of mankind's relation to each other and their God! Lord, help us to be citizens of Your peace and Your Kingdom of Love!
Amen!

At 2:06 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Hawkins                   Hutto                     Jackson
Knotts                    Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Richardson                Ritchie

Ryberg                    Scott                     Setzler
Sheheen                   Thomas                    Verdin
Williams

A quorum being present, the Senate resumed.

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

On behalf of Senator SHORT, Senator PEELER introduced Dr. Terry Dodge of York, S.C., Doctor of the Day.

At 2:05 P.M., the leave of absence granted to Senator HUTTO for today was rescinded.

At 2:27 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:15 A.M on Thursday, March 31, 2005.

There was no objection and a message was sent to the House accordingly.

S. 593 (Word version) -- Senators Leatherman, J. Verne Smith, Bryant, Cromer, Hayes, Knotts, Ritchie, Grooms, Peeler, Richardson, Verdin, O'Dell, Hawkins, Fair, Courson, Alexander, Martin, Gregory, Elliott, Hutto, Jackson, Land, Leventis, Lourie, Matthews, McGill, Malloy, Moore, Patterson, Pinckney, Reese, Setzler, Sheheen, Short, Williams, Rankin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-545 SO AS TO PHASE IN OVER FOUR TAXABLE YEARS BEGINNING IN 2006 A MAXIMUM FIVE PERCENT STATE INDIVIDUAL INCOME TAX ON SOUTH CAROLINA TAXABLE INCOME ATTRIBUTABLE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, TO DEFINE PASS-THROUGH BUSINESSES AS SOLE PROPRIETORSHIPS, PARTNERSHIPS, 'S' CORPORATIONS, AND LIMITED LIABILITY COMPANIES WHEN SUCH COMPANIES ARE

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 593.

S. 420 (Word version) -- Senators Ryberg, Land, Verdin, Knotts, Hawkins, Grooms, O'Dell, Peeler, Ford, Rankin, Elliott, Fair, Malloy, Reese, J. Verne Smith and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was removed as a co-sponsor of S. 420.

The following were introduced:

S. 679 (Word version) -- Senators Ryberg, Campsen, Bryant, Cleary, Ritchie and Martin: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT A ROAD, HIGHWAY, INTERSTATE HIGHWAY, AND ANY PORTION OF A ROAD, HIGHWAY, INTERSTATE HIGHWAY, AND A BRIDGE,

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

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.
l:\council\bills\nbd\11539ac05.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3782 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3789 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO ELECTION OF LAURENS COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO SET THE ELECTIONS AT THE TIME OF THE GENERAL ELECTION AND TO PROVIDE THAT THE TERMS OF TRUSTEES WHOSE TERMS EXPIRE PRIOR TO THE ELECTION OF NEW TRUSTEES ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND TAKE OFFICE.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3790 (Word version) -- Reps. M. A. Pitts, Taylor and Duncan: A BILL TO AMEND ACT 778 OF 1988, AS AMENDED, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY, SO AS TO INCREASE

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3798 (Word version) -- Reps. Chalk and Ceips: A CONCURRENT RESOLUTION TO CONGRATULATE THE HILTON HEAD PREPARATORY SCHOOL "LADY DOLPHINS" BASKETBALL TEAM OF BEAUFORT COUNTY ON THE SOUTH CAROLINA STATE INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AAA CHAMPIONSHIP, AND HONOR THE PLAYERS AND COACH ROBERT SULEK.

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

H. 3809 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF LOVING MOTHER, EDUCATOR, AND COMMUNITY LEADER, MARY LILLIES WILLIAMS RILEY GRANT OF BISHOPVILLE ON FEBRUARY 2, 2005, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 3810 (Word version) -- Reps. White, Martin, Agnew, Cooper, Thompson and Townsend: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME AND BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM THE WESTERN ISLES OF SCOTLAND AS THEY VISIT THEIR SISTER CITY, THE TOWN OF PENDLETON.

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

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

S. 85 (Word version) -- Senators McConnell, Moore, Elliott, Alexander, Fair, Richardson, Ford and Campsen: A BILL TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE

Ordered for consideration tomorrow.

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

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL TAXES, SO AS TO PROVIDE FOR AN EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK AND TO PROVIDE FOR DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2003-2004; TO AMEND SECTION 12-36-90, RELATING TO THE GROSS PROCEEDS OF SALE, SO AS TO EXEMPT THE EXCISE TAX FOR ALCOHOLIC LIQUOR BY THE DRINK; TO AMEND SECTIONS 61-4-120, 61-4-570, 61-4-770, AND 61-4-1720, RELATING TO PROVISIONS CONCERNING BEER, ALE, PORTER, AND WINE, SO AS TO DELETE THE REFERENCES TO MINIBOTTLES AND TO REQUIRE THAT WINES OF MORE THAN TWENTY-ONE PERCENT ALCOHOL ARE SOLD IN RETAIL LIQUOR STORES ONLY; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" AND "ALCOHOLIC BEVERAGES BY THE DRINK"; TO AMEND SECTION 61-6-185, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A RETAIL LIQUOR LICENSE, SO AS TO AMEND ADMINISTRATIVE LAW JUDGE DIVISION TO ADMINISTRATIVE LAW COURT; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE

Ordered for consideration tomorrow.

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

S. 227 (Word version) -- Senators Fair and Campsen: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.

Ordered for consideration tomorrow.

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

S. 277 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 43, TITLE 27 OF THE 1976 CODE, BY ADDING SECTION 27-43-35 TO PROVIDE AN EASEMENT FOR THE RELATIVES AND DESCENDANTS OF ANY PERSON BURIED IN A CEMETERY FOR INGRESS AND EGRESS FOR THE PURPOSE OF VISITING THE CEMETERY.

Ordered for consideration tomorrow.

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

S. 488 (Word version) -- Senators Mescher, Bryant and Grooms: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND QUALIFICATIONS OF MAGISTRATES SO AS TO FURTHER PROVIDE FOR THE EDUCATIONAL

Ordered for consideration tomorrow.

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

S. 560 (Word version) -- Senators Hayes, Martin, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-415 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A WEAPON OR A FIREARM FROM THE LAWFUL POSSESSION OF A LAW ENFORCEMENT OFFICER OR A CORRECTIONS OFFICER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

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

S. 588 (Word version) -- Senators Martin, Thomas, Bryant, McConnell, Alexander and Hayes: A BILL TO AMEND CHAPTER 1 OF TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO ENACT THE SOUTH CAROLINA UNIFORM SECURITIES ACT OF 2005, PROVIDING FOR AN ENHANCED ROLE OF THE STATE IN SECURITIES REGULATION AND INVESTOR PROTECTION INCLUDING REGISTRATION OF INITIAL PUBLIC OFFERINGS BY ISSUERS AND CONTROL PERSONS; REGISTRATION OF BROKER-DEALERS AND THEIR AGENTS AND INVESTMENT ADVISORS AND THEIR REPRESENTATIVES; EXPANDED INVESTIGATORY AND ENFORCEMENT POWERS THROUGH SUBPOENA POWER, CRIMINAL PENALTIES SET BY THE STATE, AND STATE CIVIL AND ADMINISTRATIVE LIABILITY; FACILITATION OF ELECTRONIC FILING; AND INVESTOR EDUCATION; TO AMEND SECTION 31-13-200, RELATING TO HOUSING AND REDEVELOPMENT NOTES AND BONDS; SECTION 35-6-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT; SECTION 37-1-202, RELATING TO TRANSACTIONS NOT SUBJECT TO THE CONSUMER PROTECTION CODE; SECTION 38-90-440, AS AMENDED, RELATING TO THE STATE REGISTRATION OF A CAPTIVE INSURANCE COMPANY; AND SECTION 41-44-60,

Ordered for consideration tomorrow.

On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 588.

Senator MARTIN spoke on the Bill.

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

S. 589 (Word version) -- Senators McConnell, Drummond, Rankin, Land, McGill, Thomas, Moore, Fair, Ryberg, Setzler, Peeler, Reese and Verdin: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, BY ADDING SECTION 12-43-365, SO AS TO PROVIDE THAT THE VALUE OF TANGIBLE AND INTANGIBLE PERSONAL PROPERTY AND ANY INCOME DERIVED THEREFROM, WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT BE INCLUDED IN THE DETERMINATION OF FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY FOR AD VALOREM TAX PURPOSES.

Ordered for consideration tomorrow.

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

S. 615 (Word version) -- Senators Campsen, Cleary, Scott, McConnell, Cromer, Grooms, Richardson, Verdin, Sheheen, Bryant, Rankin, Ryberg, Alexander, Hawkins, Thomas, Hayes, Fair, Martin and Gregory: A BILL TO AMEND TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES, SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA GRANTS ITS AUTHORITY DELEGATED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING VESSELS PURSUANT TO THE JOHNSON ACT OF 1992, AS AMENDED, 15 U.S.C. SECTIONS 1171 THROUGH 1177, TO COUNTY AND MUNICIPAL GOVERNMENTS, TO PROVIDE

Ordered for consideration tomorrow.

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

H. 3007 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G.R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson, Vick and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.

Ordered for consideration tomorrow.

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

H. 3634 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A RADIO COMMON CARRIER TO CONSTRUCT OR OPERATE A RADIO COMMON CARRIER SYSTEM MUST FIRST OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE COMMISSION MAY REGULATE "COMMERCIAL MOBILE SERVICE" PROVIDERS.

Ordered for consideration tomorrow.

Columbia, S.C., March 30, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.16, S. 386 by a vote of 2 to 0:

(R16, S386 (Word version)) -- Senator McGill: AN ACT TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ALLOWANCE FOR EACH MEAL THAT EACH MEMBER AND EMPLOYEE OF THE BOARD OF TRUSTEES SHALL RECEIVE FOR IN-STATE OR OUT-OF-STATE OVERNIGHT TRAVEL.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 29, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 83 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, O'Dell, Elliott, Alexander, Gregory, Leatherman, Richardson and Bryant: TO ENACT THE "TORT REFORM ACT OF 2005 RELATING TO MEDICAL MALPRACTICE" BY AMENDING TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL

Received as information.

Columbia, S.C., March 29, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3234 (Word version) -- Reps. Harrell, Wilkins, Harvin, Walker, J.E. Smith, Altman, Tripp, Bowers and Bailey: A BILL TO AMEND ARTICLE 7, CHAPTER 11 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO INCLUDE A FACILITY THAT OPERATES TWO OR MORE SPECIAL, STATE-TAXED PLANES FOR THE TRANSPORT OF SPECIAL CARGO, TO INCLUDE AN ECONOMIC DEVELOPMENT PROJECT THAT IS FUNCTIONALLY RELATED TO AIR CARRIER HUB TERMINAL FACILITIES SATISFYING THE CRITERIA, TO PROVIDE THAT THE SECRETARY OF THE DEPARTMENT OF COMMERCE MAY DETERMINE CONCLUSIVELY THAT AN AIRPORT TERMINAL FACILITY QUALIFIES AS AN AIR CARRIER HUB TERMINAL FACILITY, TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ECONOMIC DEVELOPMENT BOND ACT, SO AS TO INCLUDE AS INFRASTRUCTURE BUILDINGS ON ALL QUALIFYING AIR CARRIER HUB TERMINAL FACILITIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 30, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.30, H. 3430 by a vote of 3 to 0:

(R30, H3430 (Word version)) -- Reps. Vick, Jennings, Lucas and Neilson: AN ACT TO PROVIDE THAT EACH MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE SHALL BE

Received as information.

(R30, H3430 (Word version)) -- Reps. Vick, Jennings, Lucas and Neilson: AN ACT TO PROVIDE THAT EACH MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM CHESTERFIELD COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE CHESTERFIELD COUNTY TRANSPORTATION COMMITTEE WHO SHALL NOT RECEIVE ANY PER DIEM OR COMPENSATION FOR THIS SERVICE.

The veto of the Governor was taken up for immediate consideration.

Senator SHEHEEN moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   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                   Smith, J. Verne           Thomas
Verdin                    Williams

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

S. 648 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE, HONOR, AND COMMEND ATLANTA FALCON'S FULLBACK JUSTIN GRIFFITH FOR HIS GRACIOUS COMMITMENT AND COMMUNITY CONCERN FOCUSING AND TOUCHING THE LIVES OF YOUNG PEOPLE WHILE SERVING AS A POSITIVE ROLE MODEL, AND EXTEND BEST WISHES FOR SUCCESS IN ALL HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 663 (Word version) -- Senators McConnell and Campsen: A CONCURRENT RESOLUTION HONORING DR. CHARLES P. DARBY, JR. FOR HIS LIFETIME OF DEDICATION AND SERVICE TO IMPROVING CHILDREN'S HEALTHCARE IN SOUTH CAROLINA, RECOGNIZING HIS LEADERSHIP IN CREATING THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CHILDREN'S HOSPITAL, CONGRATULATING HIM ON THE NEW CHARLES P. DARBY CHILDREN'S RESEARCH INSTITUTE THAT BEARS HIS NAME, AND WISHING HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

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

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 210 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-185, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE LATE PAYMENT PENALTIES ON PROPERTY TAXES WHEN THE TAXPAYER APPLIES IN WRITING TO THE TREASURER FOR THE WAIVER AND INCLUDES DOCUMENTATION IN THE APPLICATION SUFFICIENT FOR THE TREASURER TO CONCLUDE THAT THE TAXPAYER MADE TIMELY PAYMENT AND TO PROVIDE THAT ALLOWING THE WAIVER IS WITHIN THE SOLE DISCRETION

S. 337 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-135 SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS-LICENSE TAX A COUNTY MAY REQUIRE A BUSINESS REGISTRATION THROUGHOUT THE COUNTY FOR AN ADMINISTRATIVE FEE NOT TO EXCEED FIFTEEN DOLLARS.

S. 399 (Word version) -- Senators Alexander, Hayes and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-135 SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS-LICENSE TAX A COUNTY MAY REQUIRE A BUSINESS REGISTRATION THROUGHOUT THE COUNTY FOR AN ADMINISTRATIVE FEE NOT TO EXCEED FIFTEEN DOLLARS, BY ADDING SECTION 12-37-712 SO AS TO PROVIDE FOR THE ALLOCATION OF THE VALUE OF BOATS FOR PROPERTY TAX PURPOSES HAVING A SITUS IN THIS STATE AND AT LEAST ONE OTHER STATE, BY ADDING SECTION 12-45-430 SO AS TO PROVIDE THAT THE COUNTY TREASURER MAY NOT ISSUE A TAX RECEIPT UNLESS THE TAXES, PENALTIES, COSTS, AND ALL OTHER CHARGES INCLUDED IN THE BILL HAVE BEEN PAID IN FULL, TO AMEND SECTIONS 12-37-2650 AND 12-37-2730, RELATING TO PROPERTY TAX ON MOTOR VEHICLES, SO AS TO PROVIDE THAT THE TREASURER SHALL ISSUE A TAX RECEIPT ONLY IF ALL OTHER CHARGES ON THE TAX BILL HAVE BEEN PAID AND TO DELETE OBSOLETE LANGUAGE AND TO AUTHORIZE A CODE ENFORCEMENT OFFICER TO ISSUE AN ORDINANCE SUMMONS TO A PERSON THE OFFICER BELIEVES HAS FAILED TO REMIT MOTOR VEHICLE PROPERTY TAXES, TO PROVIDE FOR A FINE FOR VIOLATORS, AND PROVIDE FOR DISMISSAL OF THE SUMMONS UPON SHOWING BY THE TAXPAYER BEFORE THE COURT DATE OF PROPER REGISTRATION AND PAYMENT OF CURRENT AND DELINQUENT TAXES, TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A

Senator ALEXANDER explained the Bill.

S. 458 (Word version) -- Senators Thomas and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM NONFORFEITURE AMOUNTS OF CONTRACTS ISSUED AFTER JUNE 30, 2007, SO AS TO CHANGE THE TIME OF APPLICABILITY ON THESE CONTRACTS; AND TO AMEND SECTION 2 OF ACT 313 OF 2002, RELATING TO TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID-UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES, SO AS TO CHANGE THE DATE OF APPLICABILITY FROM 2005 TO 2007 TO THESE CONTRACTS AND PROVIDE THAT CONTRACTS ENTERED INTO AFTER

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

H. 3321 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN JANUARY 2005, BY THE STUDENTS OF A SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT OR ANY OTHER SCHOOL OR INSTITUTION OF HIGHER LEARNING IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE TRAIN WRECK AND CHEMICAL LEAK IN GRANITEVILLE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Senator MOORE, with unanimous consent, H. 3321 was ordered to receive a third reading on Thursday, March 31, 2005.

H. 3020 (Word version) -- Reps. Govan, Clyburn, Clark, E.H. Pitts, Toole, Haley, Ballentine, McLeod, Mack, Breeland, M. Hines, Anderson, Hosey, Parks, Pinson, Jefferson, Walker, Sinclair, Hamilton, G.R. Smith, Mahaffey, McGee, D.C. Smith, Anthony, Phillips, Rhoad, Funderburk and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.

S. 544 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INOCULATING PETS AGAINST RABIES, SO AS TO PROVIDE THAT THESE INOCULATIONS MUST BE ADMINISTERED BY A LICENSED VETERINARIAN OR SOMEONE UNDER THE DIRECT SUPERVISION OF A LICENSED VETERINARIAN.

Senator VERDIN explained the Bill.

S. 515 (Word version) -- Senator Land: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION.

S. 655 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL TEACHER, OR PUBLIC SCHOOL STUDENT; TO PROVIDE THAT THE LOCAL SCHOOL DISTRICT OF A CHARTER SCHOOL IN CHARLESTON COUNTY MAY NOT CHARGE RENT TO A CHARTER SCHOOL THAT WAS CONVERTED FROM AN EXISTING PUBLIC SCHOOL; TO PROVIDE THAT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY APPLY FOR GRANTS ON ITS OWN; TO PROVIDE THAT A TEACHER IN A CHARTER SCHOOL IN CHARLESTON COUNTY MAY BE NOMINATED AND CONSIDERED AS A CANDIDATE FOR TEACHER OF THE YEAR; AND TO PROVIDE THAT A STUDENT AT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY RECEIVE A LAURA BROWN FUND GRANT.

S. 533 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-230 SO AS TO PROVIDE THAT THE STATE

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 (PT\2484SJ05), which was adopted:

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

SECTION   1.   Chapter 29, Title 59 of the 1976 Code is amended by adding:

"Section 59-29-230.   During the opening weeks of school, each school district shall provide appropriate instruction to students on the state's lynching law pursuant to Sections 16-3-220 through 16-3-240. The instruction should emphasize that violence inflicted by two or more persons is a crime of lynching in the second degree and carries a penalty of three to ten years in prison."

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

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 677 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD CARE CENTERS LICENSING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2901, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator LEATHERMAN, the Joint Resolution was carried over.

S. 676 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD CARE CENTERS OPERATED BY CHURCHES OR RELIGIOUS ENTITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2924, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator LEATHERMAN, the Joint Resolution was carried over.

S. 675 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO LICENSING OF GROUP CHILD CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2925, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MESCHER explained the Joint Resolution.

On motion of Senator LEATHERMAN, the Joint Resolution was carried over.

H. 3579 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS.

Senator VERDIN explained the Bill.

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

H. 3578 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE

Senator VERDIN explained the Bill.

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

H. 3577 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION FEES, SO AS TO INCREASE THE ANNUAL BASIC REGISTRATION FEE, TO PROVIDE A PROCEDURE FOR FUTURE INCREASES, AND FURTHER PROVIDE FOR THE USE OF THESE FUNDS.

Senator VERDIN explained the Bill.

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

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

S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT TO REQUIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURNS TO COVERED EMPLOYMENT TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE

Senator MARTIN made a motion to make the Bill a Special Order.

By a division vote of 26-2, the Bill was made a Special Order.

Senator RYBERG desired to be recorded as voting against the motion to make the Bill a Special Order.

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (MS/7376AHB05) proposed by Senator ELLIOTT and previously printed in the Journal of Tuesday, March 29, 2005.

Senator ELLIOTT explained the amendment.

On motion of Senator HUTTO, with unanimous consent, Senators KNOTTS, JACKSON, BRYANT and HUTTO were granted leave to attend a subcommittee meeting and be counted in any quorum calls.

Senator ELLIOTT explained the amendment.

At 3:34 P.M., with Senator ELLIOTT retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 4:08 P.M., the Senate resumed.

Senator ELLIOTT resumed explaining the amendment.

With Senator ELLIOTT retaining the floor, on motion of Senator McCONNELL, with unanimous consent, Amendment No. 11 was taken up for immediate consideration.

Senators McCONNELL, KNOTTS and ELLIOTT proposed the following Amendment No. 11 (JUD0022.006), which was adopted:

Amend the bill, as and if amended, page 5, by striking lines 30-43 and inserting:

/   (8)   a knowing and willful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. Such a crime includes a knowing and willful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, are one million dollars or more, as certified by an independent environmental engineer who shall be contracted by the Department of Health and Environmental Control. If the knowing and willful crime is a   /

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

Senator McCONNELL spoke on the amendment.

The amendment was adopted.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 1 was withdrawn.

The question then was the second reading of the Bill.

Senator KNOTTS spoke on the Bill.

The Bill was read the second time, passed and ordered to a third reading.

The Bill was returned to the status of Special Order.

At 4:20 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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