Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.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, hear what the scripture says about Moses talking to God, Genesis 33:17:

"The Lord said to Moses, 'I will do the very thing that you have asked; for you have found favor in my sight, and I know you by name.' Moses said, 'Show me Your glory, I pray'."

Let us pray.

Holy Father, amid all that is transient and TENTATIVE, anchor us to eternal virtues! Let truth prevail over falsehood - reason over emotion - and sound judgment over expediency at home and abroad.

Grant to us, here and in Washington, the serenity which brings poise, the peace of mind that brings power, the prayerfulness which brings divine guidance and love that sees us through all time.

Help us, Lord, to welcome the DIVINE in every area of life - because we see Your glory by the miracle of faith!
Amen!

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2001, and to expire April 24, 2005

North Charleston:

Thomas A. Strock III, Strock Enterprises, Inc., 1049 East Montague Ave., North Charleston, S.C. 29405 VICE Gene Ott (deceased)

Reappointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

At-Large:

Gerald W. Barron, Jr., 19 Linden Drive, Greenville, S.C. 29617

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.28, H. 3396 by a vote of 1 to 0:

(R28, H3396 (Word version)) -- Reps. Bowers and Rivers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON SEPTEMBER 27, 2004, BY THE STUDENTS OF SCHOOLS IN HAMPTON SCHOOL DISTRICT ONE IN HAMPTON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT THE FULL SCHOOL DAY MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Very respectfully,
Speaker of the House

Received as information.

(R28, H3396 (Word version)) -- Reps. Bowers and Rivers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON SEPTEMBER 27, 2004, BY THE STUDENTS OF SCHOOLS IN HAMPTON SCHOOL DISTRICT ONE IN HAMPTON COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT THE FULL SCHOOL DAY MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

Senator PINCKNEY 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.

Senator SETZLER introduced Dr. Gregory Squires of Charleston, S.C., Doctor of the Day.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 31, 2005, at 11:15 A.M. and the following Acts were ratified:

(R32, S. 3 (Word version)) -- Senators Leatherman, Verdin, Gregory and Grooms: AN ACT TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO CHANGE THE NAME OF THE LICENSE PLATE TO "KEEP IT BEAUTIFUL", TO PROVIDE THAT CERTAIN PROCEEDS RECEIVED FROM THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE MUST BE USED TO ENHANCE INSTEAD OF BEAUTIFY THE STATE'S ROADS AND HIGHWAYS, TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE, AND TO CHANGE THE NAME OF THE FUND USED TO FINANCE THE ENHANCEMENTS TO BE COMPLETED BY THE DEPARTMENT OF TRANSPORTATION.
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(R33, S. 83 (Word version)) -- Senators McConnell, Moore, Campsen, Ryberg, O'Dell, Elliott, Alexander, Gregory, Leatherman, Richardson and Bryant: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 32 TO TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA NONECONOMIC DAMAGES AWARDS ACT OF 2005", TO DEFINE KEY TERMS, TO ESTABLISH PROCEDURES GOVERNING THE AWARDING OF NONECONOMIC DAMAGES SUCH AS PAIN AND SUFFERING, TO LIMIT THE AMOUNT OF AN AWARD FOR NONECONOMIC DAMAGES TO THREE HUNDRED FIFTY THOUSAND DOLLARS FOR EACH CLAIMANT, AND TO PROVIDE FOR EXCEPTIONS; BY ADDING SECTION 15-35-400, SO AS TO PROVIDE FOR OFFERS OF JUDGMENT AFTER COMMENCEMENT OF A CIVIL ACTION BASED ON CONTRACT OR SEEKING THE RECOVERY OF MONEY DAMAGES AND TO PROVIDE FOR CONSEQUENCES OF NONACCEPTANCE; BY ADDING SECTION 15-36-100, SO AS TO ESTABLISH STANDARDS FOR EXPERT WITNESSES IN PROFESSIONAL MALPRACTICE ACTIONS; BY ADDING

(R34, H. 3234 (Word version)) -- Reps. Harrell, Wilkins, Harvin, Walker, J.E. Smith, Altman, Tripp, Bowers and Bailey: AN ACT 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 FOR APPROVAL OF THE ISSUANCE OF BONDS FOR AN INFRASTRUCTURE IN CONNECTION WITH AN AIR CARRIER HUB FACILITY BY THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD AFTER THE REQUEST IS PRESENTED BY THE SECRETARY OF COMMERCE WITH CERTIFICATION OF CERTAIN INFORMATION, TO PLEDGE THE FULL FAITH, CREDIT, AND TAXING POWER OF THE STATE AND ENSURE SUFFICIENT ALLOCATION OF TAX REVENUES FOR PAYMENT ON THE BONDS, 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.
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(R35, H. 3246 (Word version)) -- Reps. Duncan, Taylor and M.A. Pitts: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AS A BIRD SANCTUARY THE GROUNDS OF THE PRESBYTERIAN HOME OF SOUTH

S. 637 (Word version) -- Senators Jackson, Malloy, J. Verne Smith, Matthews, Cromer, Reese, Knotts, Short, McGill, Leventis, Williams, Patterson and Pinckney: A BILL TO AMEND CHAPTER 68, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF STAFF LEASING SERVICES, SO AS TO CHANGE THE TERM "STAFF LEASING SERVICES" TO "PROFESSIONAL EMPLOYER ORGANIZATIONS" AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF THESE ORGANIZATIONS THAT PROVIDE EMPLOYEES TO BUSINESSES GENERALLY ON A LONG TERM BASIS; AND AMONG OTHER THINGS, TO REQUIRE TWO YEARS OF INDUSTRY EXPERIENCE TO BE LICENSED AND TO PROVIDE A GRANDFATHER PROVISION FOR EXISTING LICENSEES PROVIDING THESE SERVICES; TO ESTABLISH CONTINUING EDUCATION REQUIREMENTS; TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO USE AN ASSURANCE ORGANIZATION TO CERTIFY THE QUALIFICATIONS OF A PROFESSIONAL EMPLOYER ORGANIZATION FOR LICENSURE; TO SPECIFY INSURANCE INFORMATION THAT AN ORGANIZATION MUST PROVIDE TO EMPLOYEES AND THE DEPARTMENT; AND TO FURTHER SPECIFY REQUIREMENTS WHEN PROVIDING EMPLOYEE INSURANCE.

On motion of Senator KNOTTS, with unanimous consent, the names of Senators KNOTTS and CROMER were removed as co-sponsors of S. 637.

The following were introduced:

S. 681 (Word version) -- Senators Moore and Sheheen: A BILL TO AMEND SECTION 8-13-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF CAMPAIGN FINANCE CONTRIBUTION, SO AS TO PROVIDE THAT CONTRIBUTIONS EXPENDED TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE MUST BE DISCLOSED IN THE SAME

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

S. 682 (Word version) -- Senators Jackson, Malloy, Ford, Patterson, Pinckney, Williams and Matthews: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING CHAPTER 12 SO AS TO ENACT THE SOUTH CAROLINA MINIMUM WAGE ACT BY ESTABLISHING A STATE MINIMUM WAGE AN HOUR FOR CERTAIN TYPES OF COVERED EMPLOYEES, TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO EMPLOYEES COVERED BY FEDERAL MINIMUM WAGE LAWS, TO PROVIDE FOR OTHER EXCEPTIONS, AND TO PROVIDE FOR CIVIL PENALTIES FOR VIOLATION.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 683 (Word version) -- Senator Alexander: A BILL TO AMEND SECTIONS 44-22-150 AND 44-24-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE USE OF RESTRAINTS AND SECLUSION ON PATIENTS COMMITTED TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT A LICENSED INDEPENDENT PRACTITIONER IS AMONG THE STAFF AUTHORIZED TO ORDER THE USE OF RESTRAINTS OR SECLUSION AND TO DEFINE "LICENSED INDEPENDENT PRACTITIONER".
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Read the first time and referred to the Committee on Medical Affairs.

S. 684 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 44-17-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS IMMUNE FROM LIABILITY FOR LAWFULLY RELEASING OR DISCHARGING A PATIENT FROM THE DEPARTMENT OF MENTAL HEALTH, SO AS TO ALSO AFFORD THIS IMMUNITY TO LICENSED PHYSICIANS,

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

S. 685 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 44-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISIONS WITHIN THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE DIRECTOR MAY ESTABLISH DIVISIONS, RATHER THAN TO SPECIFY CERTAIN DIVISIONS IN LAW; TO AMEND SECTION 44-9-60, RELATING TO THE APPOINTMENT OF SUPERINTENDENTS FOR MENTAL HEALTH HOSPITALS, SO AS TO CHANGE THE TITLE OF "SUPERINTENDENT" TO "CHIEF EXECUTIVE OFFICER" AND TO DELETE THE PROVISION REQUIRING APPROVAL OF THE MENTAL HEALTH COMMISSION FOR THESE APPOINTMENTS; TO AMEND SECTION 44-9-90, RELATING TO POWERS AND DUTIES OF THE MENTAL HEALTH COMMISSION SO AS TO DELETE PROVISIONS RELATING TO PROVIDING EMERGENCY CARE AND TREATMENT FOR MENTAL PATIENTS CONFINED IN PENAL INSTITUTIONS, PROVISIONS RELATING TO COLLECTING DATA ON THE CAUSES AND PREVENTION OF MENTAL ILLNESS, PROVISIONS RELATING TO PROVIDING SURGICAL TREATMENT, AND PROVISIONS RELATING TO PROVIDING MENTAL HEALTH SERVICES IN THE AREAS OF MENTAL DEFECTIVENESS, EPILEPSY, DRUG ADDICTION, AND ALCOHOLISM; TO AMEND SECTION 44-9-100, RELATING TO DISCRETIONARY POWERS AND DUTIES OF THE MENTAL HEALTH COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTIONS 44-22-220, 44-23-210, 44-23-250, AND 15-9-510, RELATING, RESPECTIVELY, TO GRIEVANCE PROCEDURES FOR MENTAL HEALTH PATIENTS, TO TRANSFER OF PATIENTS BETWEEN STATE FACILITIES, TO THE SIGNATURE OF THE SUPERINTENDENT OF A MENTAL HEALTH FACILITY, AND TO THE ACCEPTANCE OF SERVICE OF LEGAL PAPERS FOR PATIENTS BY THE SUPERINTENDENT OF A MENTAL HEALTH FACILITY, SO AS TO CONFORM THESE SECTIONS TO PROVISIONS OF THIS ACT AND TO MAKE TECHNICAL CORRECTIONS; AND TO REPEAL SECTION 44-11-80,

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

S. 686 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 44-7-260, RELATING TO REQUIREMENTS FOR AND EXEMPTIONS FROM HEALTH FACILITY LICENSURE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO EXEMPT DEPARTMENT OF MENTAL HEALTH HOMESHARE ENHANCED RESPITE PROGRAMS SERVING NO MORE THAN TWO PERSONS WITH A LENGTH OF STAY OF NO MORE THAN FOURTEEN DAYS, FROM DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL LICENSE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITIES.
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Read the first time and referred to the Committee on Medical Affairs.

S. 687 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 56-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN BOAT TRAILERS, FARM TRAILERS, AND UTILITY TRAILERS FROM BEING LICENSED OR REGISTERED, SO AS TO PROVIDE THAT CERTAIN TRAILERS THAT ARE USED IN CONNECTION WITH A BUSINESS VENTURE OF ITS OWNER ARE EXEMPT FROM BEING LICENSED OR REGISTERED; AND TO AMEND SECTION 56-5-4580, AS AMENDED, RELATING TO LIGHTING EQUIPMENT THAT MUST BE ATTACHED TO BUSES, TRUCKS, TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SO AS TO REQUIRE ALL TRAILERS, SEMITRAILERS, AND POLE TRAILERS WEIGHING THREE THOUSAND POUNDS GROSS OR LESS TO BE EQUIPPED WITH ONE STOP LIGHT.
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Read the first time and referred to the Committee on Transportation.

S. 688 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2897, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 689 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2944, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 690 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2943, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 691 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO RECOGNIZE RELAY FOR LIFE, SPONSORED BY THE SOUTH ATLANTIC DIVISION OF THE AMERICAN CANCER SOCIETY AND TO CONGRATULATE THEM ON THE MANY

The Senate Resolution was adopted.

S. 692 (Word version) -- Senators Lourie, Jackson, Patterson and Courson: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL MODEL UNITED NATIONS TEAM ON THEIR SIXTEENTH STRAIGHT INTERNATIONAL FIRST PLACE AWARD OF DISTINCTION AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE RECENTLY HELD IN NEW YORK.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3825 (Word version) -- Reps. Emory, J. M. Neal and Lucas: A CONCURRENT RESOLUTION HONORING THE INDIAN LAND HIGH SCHOOL "LADY WARRIORS" VOLLEYBALL TEAM OF LANCASTER COUNTY ON WINNING THE 2004 CLASS A STATE CHAMPIONSHIP AND CONGRATULATING THE TEAM ON THEIR IMPRESSIVE 16-1 SEASON.

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

H. 3826 (Word version) -- Reps. Jennings, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, 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, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, 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,

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 3836 (Word version) -- Reps. Emory, J. M. Neal and Lucas: A CONCURRENT RESOLUTION CONGRATULATING THE INDIAN LAND HIGH SCHOOL "LADY WARRIORS" SOFTBALL TEAM OF LANCASTER COUNTY ON WINNING THEIR FIFTH STRAIGHT CLASS A STATE CHAMPIONSHIP AND COMMENDING THE HARD WORK AND DEDICATION OF THE TEAM AND HEAD COACH MONICA BARFIELD.

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

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 103 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA BOARD OF DIETETICS AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRITION, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 268 (Word version) -- Senators Peeler and Cleary: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3107 (Word version) -- Reps. M.A. Pitts, Viers, Taylor, Mahaffey, Duncan and Umphlett: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3108 (Word version) -- Reps. M.A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.

Ordered for consideration tomorrow.

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

H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J.M. Neal, Neilson, Ott, Phillips, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J.R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation polled out H. 3620 favorable:

H. 3620 (Word version) -- Reps. Sandifer and Jennings: A CONCURRENT RESOLUTION TO DESIGNATE APRIL 29th OF EACH YEAR AS "DALE EARNHARDT DAY" IN SOUTH CAROLINA.

Ryberg                    Leatherman                Elliott
Grooms                    Hawkins                   Drummond
Knotts                    Pinckney                  Cleary
Land                      McGill                    Rankin
Richardson                Verdin                    Malloy
Short                     Campsen

Ordered for consideration tomorrow.

The following Bill and Joint Resolution 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. 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.

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.

By prior motion of Senator MOORE, with unanimous consent

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

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.

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 DEPARTMENT OF EDUCATION SHALL DEVELOP GUIDELINES FOR APPROPRIATE INSTRUCTION IN THE PREVENTION OF, AND THE SERIOUSNESS OF THE PENALTIES FOR, LYNCHING AND PROVIDE THAT EACH SCHOOL DISTRICT SHALL PROVIDE THIS INSTRUCTION DURING THE FIRST WEEK OF SCHOOL.

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

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

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.

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.

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.

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

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

Senator McCONNELL proposed the following amendment (3579R001.GFM), which was adopted:

Amend the bill, as and if amended, page 2 by striking lines 14 through 22 and inserting:

/   "Section 46-33-100.   If a person, subject to this chapter or another chapter under the cognizance of the commission, is selling, distributing, or growing plant material in violation of this chapter or other chapters, agents of the commission shall issue to the owner or custodian of the material a written stop sale, use, or distribution order. The material may not be sold, used, or distributed until the provisions of the chapter or other chapters have been brought into compliance and the material released by the director. A stop sale order may be appealed in writing to the director within fifteen days after the issuance of the order. The director shall respond in writing within ten days after receipt of the appeal."       /

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. 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

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

The Committee on Judiciary proposed the following amendment (JUD0227.003), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 8 through 9 and inserting:

/   (3)   the biological parent of a child conceived as a result of that parent's criminal sexual conduct or incest, as found by a court of competent jurisdiction."   /

Amend the bill further, as and if amended, page 2, by striking lines 15 through 17 and inserting:

/   "( )   The child conceived as a result of the criminal sexual conduct of a biological parent, as found by a court of competent jurisdiction, is grounds for terminating the rights of that biological parent."     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

On motion of Senator SETZLER, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 227.

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 AND NEGLECT, SO AS TO PROVIDE THAT A COURT MUST ORDER A PERSON'S NAME TO BE ENTERED IN THE

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

The Committee on Judiciary proposed the following amendment (JUD0085.004), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting:

/   TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT A COURT MUST ORDER A PERSON'S NAME TO BE ENTERED IN THE CENTRAL REGISTRY IF THERE IS A FINDING BY A PREPONDERANCE OF EVIDENCE THAT THE PERSON PHYSICALLY OR SEXUALLY ABUSED OR WILFULLY OR RECKLESSLY NEGLECTED A CHILD, AND TO PROVIDE THAT PLACEMENT ON THE REGISTRY CANNOT BE WAIVED BY ANY PARTY OR BY THE COURT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 20-7-650(L) of the 1976 Code is amended to read:

"(L)   At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:

(1)   must order that a person person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is indicated found by the court is excessive corporal punishment, the court only may order that the person person's name be entered in the Central Registry if item (2) applies;

(2)   may, except as provided for in item (1), order that the person person's name be entered in the Central Registry if the court finds that

SECTION   2.   Section 20-7-680 of the 1976 Code is amended by adding two new appropriately lettered subsections to read:

"( )   When a statute or regulation makes determination of a person's history of child abuse or neglect a condition for employment or volunteer service in a facility or other entity regulated by the department, the person must be screened against the Central Registry of Child Abuse and Neglect before employment or service in the volunteer role. The person must be screened each time the license, registration, or other operating approval of the facility or other entity is renewed.

( )   When a statute or regulation makes determination of an applicant's history of child abuse or neglect a condition for issuance of a license, registration, or other operating approval by the department, the applicant must be screened against the Central Registry of Child Abuse and Neglect before issuance of the initial license, registration, or other approval and each time the license, registration, or other operating approval is renewed."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

S. 290 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The PRESIDENT took up the Point of Order raised by Senator KNOTTS on March 17, 2005, that the Bill was out of order inasmuch as it was violative of Article III, Section 15 of the S. C. Constitution, in that the Bill was purported to raise revenue and all revenue-raising measures should originate in the House of Representatives.

The PRESIDENT overruled the Point of Order.

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20342SD05), which was adopted:

Amend the bill, as and if amended, by striking Section 50-9-545 of the 1976 Code, as contained in SECTION 1, and inserting:

/   "Section 50-9-545.   It is unlawful for a person to take and reduce to possession striped bass, hybrid striped bass, brook trout, brown trout, rainbow trout, or small mouth bass in the waters of this State without first procuring a state waters fisheries hatchery permit. Persons taking, in possession of, or transporting striped bass, hybrid striped bass, brook trout, brown trout, rainbow trout, or small mouth bass must have a valid state waters fisheries hatchery permit in their possession. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days. For purposes of this section, taking does not include catching and immediately releasing the fish. The department must furnish permits to its authorized licensed

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the committee amendment.

Senator McCONNELL argued contra to the adoption of the committee amendment.

Senator McCONNELL raised a Point of Order that under Rule 26E the Bill did not contain a fiscal impact statement and, therefore, could not receive second reading.

The PRESIDENT sustained the Point of Order.

On motion of Senator McCONNELL, with unanimous consent, the Point of Order was withdrawn.

Senator GREGORY spoke on the committee amendment.

Senator RICHARDSON argued in favor of the adoption of the committee amendment.

The committee amendment was adopted.

Senator McCONNELL desired to be recorded as voting against the adoption of the committee amendment.

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

Senator McCONNELL desired to be recorded as voting against the second reading of the Bill.

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.

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

The Committee on Judiciary proposed the following amendment (JUD3634.002), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 10 in its entirety and inserting therein the following:

/   applying to commercial mobile service providers that have   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

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

The Committee on Judiciary proposed the following amendment (JUD0560.002), which was adopted:

Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-415.   (A)   An individual who takes a weapon other than a firearm from the person of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than one thousand dollars, or both, if all of the following circumstances exist at the time the weapon is taken:

(1)   the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;

(2)   the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer, or the individual's taking of the weapon is directly related to the law enforcement officer or correction officer's professional responsibilities;

(3)   the individual takes the weapon without consent of the law enforcement officer or corrections officer; and

(4)   the law enforcement officer or corrections officer is authorized by his employer to carry the weapon in the line of duty.

(B)   An individual who takes a firearm from the person of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years, or fined not more than five thousand dollars, or both, if all of the following circumstances exist at the time the firearm is taken:

(1)   the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;

(2)   the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections

(3)   the individual takes the weapon without consent of the law enforcement officer or corrections officer; and

(4)   the law enforcement officer or corrections officer is authorized by his employer to carry the weapon in the line of duty."/

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

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.

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

The Committee on Finance proposed the following amendment (GGS\22050HTC05), which was adopted:

Amend the bill, as and if amended, by striking Section 12-43-365 as contained in SECTION 2, page 2, and inserting:

/   Section 12-43-365.   (A)   The value of tangible personal property and intangible personal property and any income or expense derived

(B)   For purposes of this section 'intangible personal property' has the same meaning as 'intangible personal property' as contained in Article X, Section 3(j) of the Constitution of this State.

(C)   If the fair market value of golf course real property for ad valorem tax purposes is determined pursuant to the capitalized income approach, the taxpayer shall provide income and expense data for golf course rentals, food and beverage services, and pro shop sales on a form designed by the county assessors and golf course owners and approved by the South Carolina Department of Revenue. Any data provided by the taxpayer for this purpose is not public data and may not be disclosed except in the process of a formal appeal involving the subject real property.   /

Amend further, page 3, by striking SECTION 3 and inserting:

/   SECTION 3. This act takes effect upon approval by the Governor and the provisions of Section 12-43-365 of the 1976 Code as added by this act apply for the valuation of golf courses for purposes of property tax as golf courses are valued in countywide assessment and equalization programs implemented after 2005.   /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

The committee amendment was adopted.

Senator ALEXANDER explained the Bill.

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

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.

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

The Committee on Judiciary proposed the following amendment (JUD0277.002), which was adopted:

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

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, SO AS TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Chapter 5, Title 27 of the 1976 Code is amended by adding:

"Section 27-5-75.   (A)   A landowner of private property on which a cemetery, burial ground, or grave is located has a duty to allow ingress and egress to the cemetery, burial ground, or grave by any of the following persons who have entered into a mutual agreement with the landowner or the occupant of the property, or with both the landowner and occupant of the property, establishing reasonable terms of visitation:

(1)   family members, close friends, or descendants of deceased persons buried on the property;

(2)   persons lawfully participating in a burial;

(3)   a cemetery or burial plot owner; or

(4)   a person engaging in genealogy research.

(B)   The right of ingress and egress granted to persons specified in subsection (A) is limited to the purposes of:

(1) visiting graves;

(2) maintaining the gravesite or cemetery;

(3) lawfully burying a deceased person in a cemetery or burial plot by those granted rights of burial to that plot; or

(4) conducting genealogy research.

(C)   A person exercising ingress or egress to a cemetery, burial ground, or grave under the provisions of this section is responsible for conducting himself in a manner that does not damage the private property or the cemetery, burial ground, or grave, and is liable to the landowner of the private property for any damage caused as a result of the ingress or egress.

(D)   The ingress or egress to a cemetery, burial ground, or grave on private property conferred by this section does not include the right to operate motor vehicles on the private property unless a road or adequate right-of-way exists that permits access by motor vehicles and the landowner has given written permission to use motor vehicles on the road or right-of-way.

(E)   In the absence of a mutual agreement or if a person is denied ingress and egress under the provisions of this section, then the landowner or person denied ingress and egress may institute a proceeding in the magistrate's court of the county in which the cemetery, burial ground, or grave is located. In granting relief to either party, the magistrate may deny the ingress and egress or set the frequency, hours, and duration of the ingress and egress.

(F)   Except as specifically provided in this section or by a mutual agreement, the landowner who permits, without charge, any person who seeks permission to use the property for the limited purposes set out in subsection (B), does not thereby:

(1)   extend any assurance that the premises are safe for any purpose;

(2)   confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or

(3)   assume responsibility for or incur liability for an injury to person or property caused by an act by or omission of a person using the property.

(G)   Nothing in this section limits in any way any liability which otherwise exists for grossly negligent, willful, or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.

(H)   The provisions of this section do not apply to any deed or other written instrument executed prior to the effective date of this section which creates or reserves a cemetery, burial ground, or grave on private property, and which specifically sets forth terms of ingress and egress."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

On motion of Senator MARTIN, with unanimous consent, the name of Senator MOORE was added as a co-sponsor of S. 277.

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.

On motion of Senator HUTTO, 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 THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.

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

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 QUALIFICATIONS OF MAGISTRATES WHICH APPLY UNTIL JULY 1, 2005.

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

The Committee on Judiciary proposed the following amendment (JUD0488.003), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 31 - 33, in Section 22-1-10(B)(2), as contained in SECTION 1, and inserting therein the following:

/   appointment, and (iv) has not received a two-year associate degree, has not received at least sixty credit hours from one or more accredited technical schools or colleges or four-year colleges or universities, or has not been a law enforcement officer, as defined in Section 23-6-400(D)(1), with twenty years or more of law enforcement experience.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator RYBERG objected to further consideration of the Bill.

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.

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 EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.

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

The Bill was read the third time, passed and ordered sent to the House of Representatives.

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 A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT,

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

On motion of Senator McCONNELL, debate was interrupted by adjournment.

Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2001, and to expire April 24, 2005

North Charleston:

Thomas A. Strock III, Strock Enterprises, Inc., 1049 East Montague Ave., North Charleston, S.C. 29405 VICE Gene Ott (deceased)

Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:

Reappointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

At-Large:

Gerald W. Barron, Jr., 19 Linden Drive, Greenville, S.C. 29617

On motion of Senators RANKIN and ELLIOTT, with unanimous consent, the Senate stood adjourned in memory of Mr. Robert Leon "Lee" Johnson of the Berea Section of Horry County, S. C.

At 12:18 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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