Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:45 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 another shouting song recorded in Psalm 81:

"O Lord, our Lord, how excellent is Your Name in all the earth! You have set Your Glory above the heavens!"

Let us pray.

Father, You have made us happy in answered prayer in so many ways.

We thank You for the beauty of this springtime! The buds and blossoms, the fresh green trees, the lush meadows, the gentle rains, the songs of birds all remind us by sight and sound that nature's symphony bears witness to the ancient chorus, "How excellent is Thy Name in all the earth!"

Help us receive the Spirit - of nature's - harmony that we may be instruments in bringing harmony, peace and prosperity to our social and economic relationships - and joy to the world!
Amen!

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

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

Document No. 2969
Agency: Department of Natural Resources
SUBJECT: Wildlife Management Area Regulations
Received by Lieutenant Governor May 4, 2005
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration September 1, 2005
Subject to Sine Die Revision

Document No. 2970
Agency: Department of Natural Resources
SUBJECT: Seasons, limits, methods of take and special
use restrictions on WMA's and Turkey Hunting
Received by Lieutenant Governor May 4, 2005
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration September 1, 2005
Subject to Sine Die Revision

Senator THOMAS introduced Drs. Thomas, Roy and Barbara Jarecky of Greenville, S.C., Doctors of the Day.

On motion of Senator RITCHIE, at 11:45.M., Senator HAWKINS was granted a leave of absence for today.

At 12:32 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 2:30 P.M.

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

S. 796 (Word version) -- Senators McConnell, Thomas and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 6A SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO A PROPERTY TAX REASSESSMENT IN A COUNTY OCCURRING AFTER DECEMBER 31, 2006, AND TO PROVIDE THAT THIS EXEMPTION CONTINUES UNTIL THE PROPERTY WITH CERTAIN EXCEPTIONS IS TRANSFERRED OR IMPROVED.

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 796.

Senator MALLOY rose for an Expression of Personal Interest.

The PRESIDENT appointed Senators JACKSON, LEATHERMAN, LOURIE, CAMPSEN, HUTTO, SETZLER and FAIR to escort the winners of the 2005 Elizabeth O'Neill Verner Awards to the House Chamber for the Joint Assembly.

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:00 Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that the Joint Assembly had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 3534 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Chellis, Harrell, Harrison, Townsend and Witherspoon: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 4, 2005, AS THE TIME THE SENATE AND HOUSE OF REPRESENTATIVES SHALL MEET IN JOINT ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PRESENTATION OF THE 2005 ELIZABETH O'NEILL VERNER AWARDS.

The PRESIDENT appointed Senators JACKSON, LEATHERMAN, LOURIE, CAMPSEN, HUTTO, SETZLER and FAIR to the Escort Committee on behalf of the Senate.

The Speaker appointed Representatives J. E. Smith, Coates, Harrison, Limehouse, Rhoad, Ott, Govan, Cobb-Hunter, Vaughn and Bingham to the Escort Committee on behalf of the House of Representatives.

The Elizabeth O'Neill Verner Awards are the annual official Governor's Awards for the Arts in South Carolina and are the highest honor the State gives in the arts.

The Escort Committees of the Senate and House accompanied the winners of the 2005 Elizabeth O'Neill Verner Awards to the rostrum to commend them for their outstanding contributions to arts in South Carolina.

The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented certificates honoring their respective talents.

The 2005 Verner recipients were announced as follows:

Ms. Susan Schatz, Executive Director of the Florence Little Theatre was escorted by Representative Marty W. Coates and Senator LEATHERMAN and she was presented an award for Arts in Organizations;

Mr. C. David Warren, Executive Director, and Mr. Rox W. Pollard, Jr., Vice Chair from the Richland County Public Library were escorted by Representative James E. Smith and Joe Neal and Senator PATTERSON and they were presented an award for Arts in Government;

Ms. Mary Anne Jacobs, Director of Public Affairs from Time Warner Cable, S. C. Division, was escorted by Representatives Harrison and James E. Smith and Senator LOURIE and she was presented an award for Arts in Business;

Ms. Deborah Smith Hoffman was escorted by Representative Bingham and Senator SETZLER and she was presented an award for Arts in Education;

Ms. Scott Shanklin-Peterson was escorted by Representative Limehouse and Senator CAMPSEN and she was presented an award in the Individual Arts category;

The Jarvis Brothers Quintet were escorted by Representatives Rhoad, Ott, Govan and Cobb-Hunter and Senators HUTTO and MATTHEWS and they were presented an award in the Individual Artist category. The Jarvis Brothers Quintet were invited to perform a patriotic medley for the members;

Mr. Carl R. Blair was escorted by Representative Vaughn and Senators J. VERNE SMITH, FAIR, VERDIN, ANDERSON and THOMAS and he was presented an award for Lifetime Achievement.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:29 P.M., the Senate resumed.

S. 79 (Word version) -- Senators Knotts, Elliott and Setzler: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT" AND TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16 AS ARTICLE 1.

Senator MALLOY asked unanimous consent to recommit the Bill to the Judiciary Committee.

There was no objection.

The Bill was recommitted to the Judiciary Committee.

The following were introduced:

S. 820 (Word version) -- Senators Pinckney, Scott, Jackson, Richardson, Elliott, Ford, Cleary, Setzler, Sheheen, Anderson, Hutto, Matthews and McGill: A JOINT RESOLUTION TO RECOMMEND THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO ERECT A MARKER ON THE GROUNDS OF THE CAPITOL COMPLEX TO RECOGNIZE THE LIFE AND MANY ACCOMPLISHMENTS OF THE LATE UNITED STATES CONGRESSMAN ROBERT SMALLS.
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Read the first time and referred to the Committee on Finance.

S. 821 (Word version) -- Senator Rankin: A JOINT RESOLUTION TO PROVIDE FOR A STATEWIDE ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2006 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THIS STATE FAVOR CHANGING THE STARTING DATE FOR ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE.
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Read the first time and referred to the Committee on Judiciary.

S. 822 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PARTIAL RESIDENTIAL PROPERTY TAX EXEMPTION FROM PROPERTY TAX MILLAGE IMPOSED FOR SCHOOL OPERATIONS AND THE CALCULATION OF THE ROLLBACK MILLAGE APPLICABLE FOR THE YEAR OF IMPLEMENTATION OF A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO PROVIDE FOR A ROLLBACK CALCULATION DETERMINED BY DIVIDING THE PRIOR YEARS PROPERTY TAX LEVY BY A REASONABLE ESTIMATE OF REASSESSED VALUES.
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Read the first time and referred to the Committee on Finance.

S. 823 (Word version) -- Senator Grooms: A SENATE RESOLUTION CONGRATULATING THE TIMBERLAND HIGH SCHOOL LADY WOLVES ON THEIR 2005 STATE AAA BASKETBALL TITLE, AND RECOGNIZING HEAD COACH CLEVE TOUCHBERRY AND HIS STAFF FOR THEIR SUCCESS IN BRINGING HOME THE FIRST GIRLS' STATE CHAMPIONSHIP TO THE BERKELEY COUNTY SCHOOL'S TROPHY CASE.
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The Senate Resolution was adopted.

S. 824 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, AS WELL AS IDENTIFY SOUTH CAROLINA'S RICH NASCAR HISTORY AND ENCOURAGE FUTURE NASCAR EVENTS IN THE STATE OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 825 (Word version) -- Senators Campsen, Alexander, Anderson, Bryant, Cleary, Courson, Cromer, Drummond, 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, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE FAITH AND OPTIMISM OF TROY DRISCOLL AND JOSH LONG IN ENDURING NEARLY A WEEK AT SEA AND TO COMMEND THEM FOR THE COURAGE THEY DEMONSTRATED IN SURVIVING SUCH A HARROWING EXPERIENCE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 826 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, 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, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION COMMENDING AND THANKING JENNIFER HESS OF SUMMERVILLE FOR TWO YEARS OF DEDICATED SERVICE AS A PAGE TO THE SOUTH CAROLINA SENATE.
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The Senate Resolution was adopted.

S. 827 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, 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, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION COMMENDING AND THANKING MARY HOADWONIC OF LEXINGTON FOR TWO YEARS OF DEDICATED SERVICE AS A PAGE TO THE SOUTH CAROLINA SENATE.
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The Senate Resolution was adopted.

H. 3525 (Word version) -- Reps. Chellis, Cotty, Altman, Anderson, Bailey, Ceips, Clemmons, Clyburn, Dantzler, Edge, Frye, Hardwick, Hosey, Jefferson, Littlejohn, Loftis, Mahaffey, McCraw, Phillips, Rhoad, Rutherford, Scarborough, Sinclair, Umphlett, Walker, Witherspoon, Sandifer, G. Brown and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-70 SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE WATER OR SEWER SERVICES TO A PROPERTY OWNER UPON WRITTEN REQUEST WHEN THE PROPERTY OWNER AGREES TO PAY THE COST OF EXTENDING THESE SERVICES BY THE PAYMENT OF AN ASSESSMENT LEVIED AGAINST THE PROPERTY.

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

H. 4027 (Word version) -- Reps. Harrell and Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH THE RESULTS OF A REVIEW OF THE LAW IMPLEMENTING ARTICLE X, SECTION 13(6)(c) OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.

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

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

S. 262 (Word version) -- Senators Sheheen, Grooms, Hutto, Rankin, Campsen and Setzler: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE TRAFFIC DIVERSION PROGRAM, TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE APPROPRIATE MUNICIPALITY OR COUNTY IS AUTHORIZED TO CREATE A PROGRAM WITH THE APPROVAL OF THE SOLICITOR, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

Ordered for consideration tomorrow.

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

S. 708 (Word version) -- Senators McConnell, Leatherman, Land, Thomas, Drummond, Alexander and Hawkins: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND OPERATION OF THE DIVISION OF APPELLATE DEFENSE, AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE COMMISSION AND OFFICE OF APPELLATE DEFENSE.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a majority favorable and Senator KNOTTS a minority unfavorable report on:

H. 3084 (Word version) -- Reps. Sinclair, McLeod and Cato: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.

Ordered for consideration tomorrow.

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

H. 3110 (Word version) -- Reps. M.A. Pitts, Viers, Taylor, Rice, Witherspoon, Sandifer, Toole, Duncan, Huggins, Tripp, Cato, Walker, Davenport, G.R. Smith, Hamilton, Leach, F.N. Smith, Vaughn, Pinson, E.H. Pitts, Barfield, Clemmons, Owens, Young, Hinson, White, Loftis, Jennings, Hayes, Vick, Hosey, Merrill, Ceips, Bailey, Limehouse, Cooper, Hagood, Mahaffey, Bowers, Ott, Delleney, Talley, Scarborough, Hiott, McGee, J.R. Smith, Altman, Anthony, Umphlett, Hardwick, Townsend, Stewart, Thompson, J.E. Smith, Rutherford, Haley, Ballentine, Rhoad, Agnew, Littlejohn, Parks, Rivers and Chellis: A BILL TO AMEND SECTION 23-31-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3122 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF RUSSELL STREET IN ORANGEBURG FOR JAMES E. SULTON, SR., AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND COMMITMENT TO WORKING WITHIN HIS COMMUNITY.

Ordered for consideration tomorrow.

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

H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3368 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY NUMBER 9 BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE SIGNS AT THE BRIDGE CONTAINING THE WORDS "HOOVER FAY BELL BRIDGE".

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3369 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY NUMBER 145 FROM THE NORTH CAROLINA STATELINE THROUGH THE TOWN OF CHESTERFIELD TO THE END OF HIGHWAY NUMBER 145 AT U. S. HIGHWAY NUMBER 1 THE "CAROLINA SANDHILLS PARKWAY" AND TO ERECT APPROPRIATE SIGNS CONTAINING THE WORDS "CAROLINA SANDHILLS PARKWAY".

Ordered for consideration tomorrow.

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

H. 3393 (Word version) -- Reps. M.A. Pitts, Anthony, Duncan, Hardwick, Herbkersman, Sinclair and Witherspoon: A BILL TO AMEND SECTION 50-13-1135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL OR NONCOMMERCIAL FISHING LICENSES REQUIRED FOR TAKING NONGAME FISH IN FRESHWATERS WITH CERTAIN FISHING DEVICES, SO AS TO PROVIDE THAT A JUG PERMIT IS NOT REQUIRED FOR RESIDENTS ASSISTING JUG PERMIT HOLDERS.

Ordered for consideration tomorrow.

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

H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, Clark, Simrill, Harrison, Davenport, M. Hines, Harvin, Bailey, Bingham, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Harrell, Haskins, Herbkersman, Hinson, Kirsh, Leach, Lloyd, Loftis, Mahaffey, Martin, McCraw, McGee, Owens, Perry, E.H. Pitts, Sandifer, Scott, Stewart, Thompson, Toole, Tripp, Umphlett, Vaughn, Vick, White, Wilkins, Witherspoon, Young, Viers and Walker: 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.

Ordered for consideration tomorrow.

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

H. 3424 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT REQUIRING A PARENT TO PROVIDE HEALTH INSURANCE COVERAGE FOR A CHILD, SO AS TO PROVIDE THAT IN CHILD SUPPORT CASES ENFORCED BY THE DEPARTMENT OF SOCIAL SERVICES, THE DIVISION MUST USE THE NATIONAL MEDICAL SUPPORT NOTICE PROMULGATED BY FEDERAL LAW.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3786 (Word version) -- Reps. Duncan, Taylor and M.A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 76 AND BARNES ROAD/TEMPLETON ROAD IN LAURENS COUNTY THE "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "JAMES E. 'BUBBA' NORRIS MEMORIAL INTERSECTION".

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3963 (Word version) -- Reps. Bowers and R. Brown: A BILL TO DESIGNATE THE PORTION OF UNITED STATES HIGHWAY 17 LOCATED IN COLLETON COUNTY AS ACE BASIN SCENIC PARKWAY.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3956 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT 416 OAKLAND ROAD IN THE COUNTY OF DILLON THAT CROSSES INTERSTATE 95 THE "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "LISTON 'GURNIE' ROWELL MEMORIAL BRIDGE".

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3985 (Word version) -- Reps. Scott, Herbkersman, Simrill, Skelton, R. Brown, Hosey, Clyburn, Frye, Haley, Parks, J.H. Neal, Rivers, Barfield, Emory, J. Brown, McLeod, Hiott, Haskins, E.H. Pitts, Sinclair, G.R. Smith, Scarborough, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hayes, J. Hines, M. Hines, Hinson, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Lee, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, Merrill, Miller, Moody-Lawrence, J.M. Neal, Neilson, Norman, Ott, Perry, Phillips, Pinson, M.A. Pitts, Rhoad, Rice, Rutherford, Sandifer, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Talley, Taylor, Thompson, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper and Whitmire: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 57 ALONG INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THE "STATE REPRESENTATIVE WALTER P. LLOYD MEMORIAL INTERCHANGE" AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "STATE REPRESENTATIVE WALTER P. LLOYD MEMORIAL INTERCHANGE".

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3999 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Witherspoon, Viers, Miller and Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE INTRACOASTAL WATERWAY BRIDGE ON ROBERT GRISSOM PARKWAY IN HORRY COUNTY THE "ZEB M. THOMAS, SR., BRIDGE" IN HONOR OF ZEB M. THOMAS, SR., OF MYRTLE BEACH FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND THE STATE.

Ordered for consideration tomorrow.

S. 809 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE LOWER RICHLAND HIGH SCHOOL BASKETBALL SENSATION MIKE JONES FOR HIS OUTSTANDING ACHIEVEMENTS AS A STAR ATHLETE FOR THE DIAMOND HORNETS AND FOR BEING NAMED SOUTH CAROLINA CLASS AAAA MEN'S HIGH SCHOOL BASKETBALL PLAYER OF THE YEAR FOR THE SECOND CONSECUTIVE YEAR BY THE STATE NEWSPAPER.

Returned with concurrence.

Received as information.

At 12:52 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:10 P.M. and was called to order by the PRESIDENT.

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

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

H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.

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

Senator RANKIN asked unanimous consent to make a motion to take up a further amendment for immediate consideration on third reading.

There was no objection.

Senator RANKIN proposed the following Amendment No. 1 (3347R001.LAR), which was ruled out of order:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION:

/   SECTION ___.   (A)   An advisory referendum shall be held at the same time as the 2006 general election. The advisory referendum shall serve as a test of the effectiveness of the new voting system provided for in this Act as compared to other voting systems in use during the 2006 general election. The question presented in the advisory referendum will determine whether the qualified electors in each county using the new voting system favor establishing August twenty-fifth as the earliest date that may be set as the start date for the elementary and secondary instructional school year.

(B)   The question put before the voters at the 2006 advisory referendum shall read as follows:

"When establishing a start date for the elementary and secondary instructional school year, should the State Board of Education, the local school districts, or any other body designated to set the instructional school year start date be limited to establishing a start date to no earlier than August twenty-fifth of each year?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

(C)   Within sixty days after the results of the 2006 general election are certified, the State Election Commission must submit a report to the Senate Judiciary Committee and House of Representatives Judiciary Committee concerning the conduct of the referendum, the performance of the new voting system as compared to the performance of other voting systems used during the 2006 general election, and the result of the referendum.       /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

Senator RITCHIE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.

Senator RANKIN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House with amendments.

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 814 (Word version) -- Senators Land and Hutto: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEN-YEAR CORPORATE INCOME TAX MORATORIUM ALLOWED FOR CREATING AND MAINTAINING AT LEAST ONE HUNDRED FULL-TIME NEW JOBS IN COUNTIES THAT MEET CERTAIN UNEMPLOYMENT OR PER CAPITA INCOME REQUIREMENTS, SO AS TO EXTEND THE MORATORIUM TO A TAXPAYER OTHERWISE ELIGIBLE FOR THE MORATORIUM BUT FOR THE REQUIREMENT THAT AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE MUST BE IN THE MORATORIUM COUNTY AND ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO EXTEND THE MORATORIUM SIMILARLY WHEN THE NUMBER OF JOBS CREATED WOULD ALLOW THE TAXPAYER A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS, AND TO MAKE CONFORMING AMENDMENTS.

By prior motion of Senator LAND, with unanimous consent

H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R. Smith, J.R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.

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

Senators JACKSON, SHORT and   HUTTO   proposed the following amendment (PT\2582SJ05), which was adopted:

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

/ SECTION   1.   (A)   The General Assembly finds that:

(1)   South Carolina ranks tenth in the United States for the number of overweight and obese people;

(2)   the number of overweight children in South Carolina has tripled since the 1960's;

(3)   South Carolina ranks first in the number of strokes, third in heart disease, and tenth in diabetes;

(4)   regular physical activity helps to improve strength and endurance, prevents obesity and controls body weight, helps build healthy bones and muscles, and reduces anxiety and stress;

(5)   newly completed research shows a significant relationship between academic achievement and physical fitness; and

(6)   according to a national report, for the first time in one hundred years the current generation of people will have a shorter life span than the previous generation due to a sedentary lifestyle.

(B)   The General Assembly further finds that a child's health impacts his school attendance, readiness to learn, potential learning, and achievement. In this regard, the General Assembly believes that each public elementary school in this State should have a full-time school nurse in order to:

(1)   prevent disease by teaching and encouraging healthy lifestyles and habits that have lifelong implications for children and their families;

(2)   provide valuable health services, including administering medications and care management necessary for those students who have chronic or episodic health conditions and disabilities; and

(3)   care for students who incur injuries at school including injuries that require medical attention.

SECTION   2.   This act may be cited as the Students Health and Fitness Act of 2005.

SECTION   3.   Title 59 of the 1976 Code is amended by adding:

Section 59-10-10.   In accordance with adopted South Carolina Physical Education Curriculum Standards, beginning in school year 2005-06, students in kindergarten through fifth grade must be provided a minimum of one hundred fifty minutes a week of physical education and physical activity. At least sixty minutes a week of the one hundred fifty minutes must be structured, developmentally appropriate, health enhancing physical education that allows for interactive behavior and promotes motor skill development. A certified physical education teacher shall plan these structured activities. Noncertified or supervised adult volunteers may assist in implementing or supervising these structured physical activities if approved by the district superintendent. If volunteers are used, appropriate liability insurance must be provided. Beginning in school year 2007-08, at least ninety minutes a week of the one hundred fifty minutes must be structured, developmentally appropriate, health enhancing physical education that allows for interactive behavior and promotes motor skill development. In schools having dance education specialists, up to half of the required structured, developmentally appropriate, health enhancing physical activity that allows for interactive behavior and promotes motor skill development may be delivered through dance instruction based on the healthful living component of the South Carolina Dance Curriculum Standards and the dance component of the South Carolina Physical Education Standards. Active recess time may be used to satisfy the activity requirement.

Section 59-10-15.   (A)   The certified physical education teacher to student ratio is designed to provide students in kindergarten through fifth grade scheduled physical education.

(1)   Beginning with the 2005-06 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 700 to 1.

(2)   Beginning with the 2006-07 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 600 to 1.

(3)   Beginning with the 2007-08 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 500 to 1.

(B)   Each district shall ensure that the schools in its district have age appropriate equipment and facilities to implement the physical education curriculum standards. An individual student's fitness status must be reported to his parent or guardian during a student's fifth grade, eighth grade, and high school physical education courses.

(C)   A student may be exempted from these physical activity requirements by seeking a waiver as outlined in Section 59-29-80(B).

Section 59-10-20.   Each public school in this State shall administer the South Carolina Physical Education Assessment. Assessment of students in second grade, fifth grade, eighth grade, and high school must be used to assess the effectiveness of the school's physical education program and its adherence to the South Carolina Physical Education Curriculum Standards. The State Department of Education shall develop a procedure for calculating a district and school physical education program effectiveness score. The district and school physical education effectiveness score must be reported to the education community through the district and school report card.

Section 59-10-30.   The physical education teachers in a school that receives an unsatisfactory program effectiveness score pursuant to Section 59-10-20, will be provided professional development activities designed to assist it in improving its programs' effectiveness.

Section 59-10-40.   Physical fitness testing must be administered to students in grades four and five and the scores reported to the parents and guardians of each student.

Section 59-10-50.   Appropriate professional development must be provided to teachers and volunteers on the importance of physical activity for young children and the relationship of activity to academic performance and healthy lifestyles.

Section 59-10-60.   Each elementary school shall designate a physical education teacher to serve as its Physical Education Activity Director. The Physical Education Activity Director shall coordinate opportunities for additional physical activity for students and teachers that exceed the designated weekly student instruction times that may include, but not be limited to, before, during, and after school dance instruction, fitness trail programs, intramural programs, bicycling programs, walking programs, and activities designed to promote physical activity opportunities in the classroom. The director annually shall submit to the principal a report outlining the additional physical activities for students and teachers.

Section 59-10-70.   Increased instruction in physical education pursuant to Section 59-10-10 is not to replace or reduce time dedicated to instruction in the arts taught by certified arts specialists.

Section 59-10-210.   Beginning with the 2006-07 school year, the General Assembly, annually in the General Appropriations Act, shall appropriate funds to the Department of Education for providing licensed nurses for elementary public schools. The State Department of Education shall make these funds available through a grant program and shall distribute the funds to the local school districts on a per school basis.

Section 59-10-310.   In an effort to promote optimal healthy eating patterns, the State Board of Education by policy shall establish requirements for elementary school food service meals and competitive foods based upon the recommendations outlined in the State Department of Education Task Force on Student Nutrition and Physical Activity Report, National School Lunch Act and the most recent applicable Dietary Guidelines for Americans.

Section 59-10-320.   The State Department of Education shall make available to each school district a coordinated school health model designed to address health issues of children. The program must provide for coordinating the following eight components: safe and healthy environment, physical education, health education, staff wellness, health services, nutrition services, guidance services, and parent and community involvement. The Department of Education shall notify each school district of the availability of professional development opportunities and provide technical assistance for implementing the coordinated school health model.

Section 59-10-330.   (A)   An elementary school may not provide to students at any time during the school day foods of minimal nutritional value except in the case of medical emergency and special occasions celebrated during school hours. However, this policy does not restrict the food that a parent or guardian may provide for his child's consumption at school. A school district board of trustees may adopt a more restrictive policy.

(B)   Each elementary school shall remove food, soda, and carbonated vending machines from public areas. However, beverage vending machines selling only products that contain one hundred percent fruit juice, bottled water, and milk, and food vending machines selling only products that meet state and USDA guidelines as a healthy snack may be located in public areas.

Section 59-10-340.   Each elementary school shall provide students a minimum of twenty minutes to eat lunch once they have received their food. In determining the total length of the lunch period, time to and from the cafeteria, time to go through the line, and time to bus trays at the end of lunch must be considered.

Section 59-10-350.   Health curriculum for kindergarten through fifth grade must include a weekly nutrition component.

Section 59-10-360.   Each phase of implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board. There is no mandatory financial obligation to school districts if state funding is not appropriated for each phase of implementation as provided for in the fiscal impact statement of the Office of the State Budget of the State Budget and Control Board.

Section 59-10-370.   Nothing in this article may be construed to prohibit or limit the sale or distribution of any food or beverage item through fundraisers by students, teachers, or groups when the items are intended for sale off the school campus."

SECTION   4.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

Senators RYBERG and RICHARDSON proposed the following amendment (3499R001.WGR), which was adopted:

Amend the bill, as and if amended, page 7, by striking lines 15-23 and inserting:

/   (B)   An elementary school may not sell from public areas food, soda, and other beverages that do not meet state and USDA guidelines as a healthy snack. Each district's Coordinated School Health Advisory Council established pursuant to Section 59-10-340 shall determine which food, soda, and other beverages may be sold in elementary schools.     /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

Senators RICHARDSON and RYBERG proposed the following amendment (3499R002.SHR), which was adopted:

Amend the bill, as and if amended, page 5, by striking lines 4-10 and inserting:

/ Section 59-10-210.   Beginning with the 2006-07 school year, the State Department of Education shall make any funds appropriated to provide licensed nurses for elementary schools available through a grant program and shall distribute the funds to the local school districts on a per school basis.   /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

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

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 GROOMS explained the Bill.

Senator HUTTO spoke on the Bill.

Senator RICHARDSON objected to further consideration of the Bill.

Columbia, S.C., May 4, 2005

Mr. President and Senators:

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

H. 3312 (Word version) -- Reps. Witherspoon and Vick: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FARM TRUCK LICENSE FEES, SO AS TO REVISE THE DEFINITION OF THE TERM "FARM TRUCK".
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

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

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.

Senator MESCHER made a motion that the Bill be recommitted to the Committee on Judiciary.

The Bill was recommitted to the Committee on Judiciary.

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 BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on S. 145.

On motion of Senator GREGORY, with unanimous consent, 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 Committee on Fish, Game and Forestry proposed the following amendment (145R002.CKG), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 2 and 3 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 4, 2005, at 2:30 P.M. and the following Acts and Joint Resolution were ratified:

(R58, S. 102 (Word version)) -- Senators Setzler, Knotts, Hayes, Bryant, Verdin, Mescher, Ford, Leatherman, Leventis, Campsen and Moore: AN ACT TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE THIS SPECIAL LICENSE PLATE TO PURPLE HEART RECIPIENTS WHO OWN MOTORCYCLES.
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(R59, S. 405 (Word version)) -- Senator Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES.
L:\COUNCIL\ACTS\405CM05.DOC

(R60, S. 418 (Word version)) -- Senators Hayes and Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 61 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.
L:\COUNCIL\ACTS\418CM05.DOC

(R61, S. 719 (Word version)) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.
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(R62, S. 764 (Word version)) -- Senator Short: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.
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(R63, H. 3152 (Word version)) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J.E. Smith: AN ACT TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO INCREASE THE AMOUNT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO TWENTY-SIX PERCENT AND TO PROVIDE THAT FIFTEEN PERCENT OF THAT AMOUNT MAY BE USED BY THE DEPARTMENT TO GIVE A REBATE FOR EXPENDITURES TO A MOTION PICTURE COMPANY THAT SPENDS AT LEAST ONE MILLION DOLLARS IN THE STATE; TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; AND TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD.
L:\COUNCIL\ACTS\3152MM05.DOC

(R64, H. 3862 (Word version)) -- Reps. Battle and M. Hines: AN ACT TO AMEND ACT 197 OF 1991, AS AMENDED, RELATING TO THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS FROM NINE TO ELEVEN AND TO PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
L:\COUNCIL\ACTS\3862DW05.DOC

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns on Tuesday, May 10, 2005, under the provisions of Rule 1B, the Senate will stand adjourned to meet in Statewide Session on Wednesday, May 11, 2005, at 12:00 Noon.

Senator LEATHERMAN asked unanimous consent to make a motion that, when H. 3716, the General Appropriation Bill, and H. 3717, the Capital Reserve Fund Bill are received from the House, the Senate would nonconcur in the House amendments and send a message to the House accordingly; upon receipt of the Message from the House insisting upon its amendments, the Senate would appoint a Committee of Conference and send a message to the House accordingly.

There was no objection and the motion was adopted.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session.

On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2002, and to expire June 30, 2005

2nd Congressional District:

Joe F. Fragale, 2 Crowell Court, Bluffton, S.C. 29910 VICE Clifford Bush

Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2005, and to expire June 30, 2008

2nd Congressional District:

Joe F. Fragale, 2 Crowell Court, Bluffton, S.C. 29910

Having received a favorable report from the Committee on Transportation, the following appointment was confirmed in open session:

Initial Appointment, South Carolina Aeronautics Commission, with term to commence February 15, 2004, and to expire February 15, 2009

At-Large - Chairman:

H. Neel Hipp, P. O. Box 546, Greenville, S.C. 29602

At 3:28 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M., under the terms and provisions of Rule 1B.

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