Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 words from the Book of Exodus (15:2):

"The Lord is my strength and my song,

He is my God, my father's God,

And I will exalt Him."

Let us pray.

Father, before we were a nation, we were a State of South Carolina. You nurtured us in special ways. You brought us from a colony to a more God-fearing State, and we led the responsibility in forming a nation. The way has been hard. You have been generous and faithful.

We thank You for the VISION that You have kept before us.

So - we are thankful for a leadership that preserves the VISION!

"Lead on, O King Eternal!"

"America! America! God shed His grace on thee, and crown thy good with brotherhood, From sea to shining sea."
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, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Carol Tolen, 120 West Washington Street, Winnsboro, S.C. 29180 VICE Gregory Sloan

Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 1, 2005, and to expire June 30, 2006

Chairman:

David William Huffstetler, 128 Platinum Dr., Lexington, S.C. 29072

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2004, and to expire May 19, 2011

At-Large - Chairman:

Oscar L. Thompson III, O. L. Thompson Construction Co., Inc., P.O. Box 63535, Charleston, S.C. 29419 VICE Guerry Green

Referred to the Committee on Judiciary.

Senator RITCHIE introduced Dr. Gordon B. Sherard III of Spartanburg, S.C., Doctor of the Day.

At 1:37 P.M., Senator MATTHEWS asked unanimous consent to make a motion that Senator PINCKNEY be granted a leave of absence for the balance of the day.

Senator RICHARDSON objected.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on any matters pertaining to the Workers' Compensation Commission each year since obtaining a law license.

At 12:08 P.M., Senator MARTIN 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 1:00 P.M.

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

S. 839 (Word version) -- Senators McConnell, Ford, Campsen and Grooms: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF CHARLESTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

The following were introduced:

S. 874 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE SENATE TO GEORGE P. GINTOLI, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH, FOR HIS EXEMPLARY PUBLIC SERVICE TO CITIZENS OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

S. 875 (Word version) -- Senator Williams: A SENATE RESOLUTION TO HONOR AND RECOGNIZE MRS. IDA MAE BETHEA BLUE FOR HER OUTSTANDING SERVICE IN FURTHERANCE OF HER FAITH AND FOR HER COMMITMENT TO HER FAMILY AND COMMUNITY AS SHE CELEBRATES HER EIGHTY-SEVENTH BIRTHDAY.
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The Senate Resolution was adopted.

S. 876 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO OFFER THE WARMEST CONGRATULATIONS TO MR. AND MRS. WILLIAM HOWARD OSWALT OF BATESBURG ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY AND TO EXTEND TO THEM AND THEIR FAMILY EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 877 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF SEPTEMBER 19-23, 2005, SOUTH CAROLINA BARBER WEEK ON THE OCCASION OF THE 2005 ANNUAL BARBER CONVENTION, AND TO RECOGNIZE ALL SOUTH CAROLINA BARBERS FOR THE OUTSTANDING CONTRIBUTIONS THEY MAKE TO THEIR INDIVIDUAL COMMUNITIES.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 878 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES BIG THICKETY CREEK ALONG UNITED STATES HIGHWAY 29 IN CHEROKEE COUNTY THE "CARLISLE GUEST MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARLISLE GUEST MEMORIAL BRIDGE".
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 879 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-90 SO AS TO AUTHORIZE THE COMMISSION ON HIGHER EDUCATION IN CONSULTATION WITH THE SOUTH CAROLINA STUDENT LOAN CORPORATION TO DEVELOP A LOAN REPAYMENT PROGRAM WHERE TALENTED AND QUALIFIED STATE RESIDENTS MAY ATTEND STATE PUBLIC OR PRIVATE COLLEGES AND UNIVERSITIES FOR THE PURPOSE OF PROVIDING INCENTIVES FOR WORKING IN THE FIELD OF GEROPSYCHIATRY, AND TO PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS OF THE PROGRAM.
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Read the first time and referred to the Committee on Education.

S. 880 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE SOUTH CAROLINA FAMILY HOME AND BUSINESS PROTECTION ACT BY ADDING ARTICLE 11 TO CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO THREE PERCENT OF AMOUNTS SUBJECT TO THESE TAXES; TO AMEND SECTION 12-36-910, AS AMENDED, BY PROVIDING A SEPARATE STATE SALES AND USE TAX RATE EQUAL TO TWO PERCENT ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS; BY ADDING SECTION 11-11-155 ESTABLISHING THE FAMILY HOME AND BUSINESS PROTECTION FUND IN THE STATE TREASURY TO RECEIVE THE REVENUES OF THE ADDITIONAL THREE PERCENT STATE SALES TAX AND BY ADDING SECTION 12-37-253 SO AS TO EXEMPT ALL FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY NOT ALREADY EXEMPTED FROM PROPERTY TAX FROM ALL REMAINING PROPERTY TAX, TO EXEMPT TWENTY PERCENT OF THE FAIR MARKET VALUE OF COMMERCIAL REAL PROPERTY FROM PROPERTY TAXES IMPOSED FOR SCHOOLS, TO PROVIDE FOR THE REIMBURSEMENT OF POLITICAL SUBDIVISIONS OF THE STATE AND SCHOOL DISTRICT FROM THE FAMILY HOME AND BUSINESS PROTECTION FUND FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTIONS ADDED BY THIS SECTION, TO PROVIDE THAT ASSESSED VALUE OF PROPERTY EXEMPTED FROM TAX BY THIS SECTION IS CONSIDERED TAXABLE FOR PURPOSES OF COMPUTING BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE THAT PROPERTY TAX CREDITS ATTRIBUTABLE TO THE LOCAL OPTION SALES TAX IN EXCESS OF MUNICIPAL AND COUNTY PROPERTY TAX DUE ON COMMERCIAL REAL PROPERTY IS CONSIDERED A DISTRIBUTION TO THE MUNICIPALITY OR COUNTY AS APPLICABLE FROM THE COUNTY/MUNICIPAL REVENUE FUND, AND BY REPEALING SECTION 12-37-223A, RELATING TO A LOCAL OPTION PROPERTY TAX EXEMPTION.
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Read the first time and referred to the Committee on Finance.

S. 881 (Word version) -- Senator Ritchie: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS AND PROVIDE FOR ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE REQUIREMENTS FOR LIMITED AND TEMPORARY LICENSES; PROVIDE REQUIREMENTS FOR PERMANENT LICENSES AND EXAMINATIONS AN APPLICANT SHALL PASS; PROVIDE BOARD DISCRETION TO ISSUE A PERMANENT LICENSE TO CERTAIN THIRD YEAR RESIDENTS; PROVIDE REQUIREMENTS FOR AN ACADEMIC LICENSE; PROVIDE REQUIREMENTS FOR A SPECIAL VOLUNTEER LICENSE; PROVIDE FOR A LICENSE REGULATING THE PRACTICE OF AN EXPERT MEDICAL WITNESS; PROVIDE CRIMINAL BACKGROUND CHECKS OF NEW APPLICANTS AND LICENSEES UNDER INVESTIGATION OR IN DISCIPLINARY PROCEEDINGS; PROVIDE FOR CONTINUED PROFESSIONAL COMPETENCY OF PHYSICIANS HOLDING PERMANENT LICENSES AND RENEWAL, REINSTATEMENT, AND REACTIVATION OF CERTAIN PERMANENT LICENSES; PROVIDE THE RENEWAL PROCESS FOR CERTAIN LICENSES; PROVIDE THAT A LICENSEE SHALL NOTIFY THE BOARD REGARDING CERTAIN CHANGES AND REGARDING AN ADVERSE DISCIPLINARY ACTION AND PROVIDE EXCEPTIONS; PROVIDE THE PROCEDURE FOR REACTIVATION OF AN INACTIVE LICENSE; PROVIDE THE PROCEDURE FOR LATE RENEWAL OF A LICENSE; PROVIDE THE PROCEDURE FOR REINSTATEMENT OF A LICENSE AFTER SUSPENSION; PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL REVIEW CERTAIN ACTIONS OF THE BOARD UPON PETITION OF THE APPLICANT OR LICENSEE; PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROVIDE CERTAIN OPERATIONS AND ACTIVITIES TO THE BOARD; PROVIDE FOR THE FEES THE BOARD SHALL CHARGE; PROVIDE FOR RECORD KEEPING OF THE ADMINISTRATOR AND THE BOARD; PROVIDE THAT PRACTITIONERS SHALL CONDUCT THEMSELVES ACCORDING TO THE CODE OF ETHICS ADOPTED BY THE BOARD; PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS; THE PRESIDING OFFICER OF THE BOARD MAY ADMINISTER OATHS WHEN TAKING TESTIMONY UPON MATTERS PERTAINING TO THE BUSINESS OR DUTIES OF THE BOARD; PROVIDE THAT RESTRAINING ORDERS AND CEASE AND DESIST ORDERS MAY BE ISSUED PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION AND DEFINE WHEN A LICENSEE HAS COMMITTED MISCONDUCT; PROVIDE FOR A LICENSEE WHO HAS BEEN ADJUDGED MENTALLY ILL; PROVIDE THE PROCEDURE FOR HOW THE BOARD SHALL REVOKE, SUSPEND, OR RESTRICT A LICENSE OF LIMIT OR DISCIPLINE A LICENSEE WITH THE RIGHT OF REVIEW BY THE ADMINISTRATIVE LAW COURT; PROVIDE THE PROCEDURE FOR WHEN A PERSON HAS ENGAGED IN CONDUCT WHICH SUBVERTS OR ATTEMPTS TO SUBVERT THE SECURITY OR INTEGRITY OF THE LICENSING EXAMINATION PROCESS; PROVIDE FOR DISCIPLINARY PROCEEDINGS WHEN A LICENSEE COMMITS ACTS OR OMISSIONS CAUSING THE DENIAL, CANCELLATION, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE IN ANOTHER STATE; PROVIDE THAT, IF A LICENSEE ATTENDS A PATIENT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, HE IS GUILTY OF A MISDEMEANOR; PROVIDE THAT IT IS UNPROFESSIONAL CONDUCT FOR A LICENSEE TO PRESCRIBE DRUGS TO AN INDIVIDUAL WITHOUT FIRST ESTABLISHING A PROPER PHYSICIAN-PATIENT RELATIONSHIP; PROVIDE FOR SUSPENSION OF REVOCATION OF A LICENSE PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE FOR A PROFESSIONAL COMPETENCY, MENTAL, OR PHYSICAL EXAMINATION AND THE CONFIDENTIALITY OF THE EXAMINATION; PROVIDE THE JURISDICTION OF THE BOARD; PROVIDE FOR THE PROCEDURE FOR AN INITIAL COMPLAINT AND AN INVESTIGATION REGARDING PROFESSIONAL MISCONDUCT; PROVIDE FOR WHEN A FORMAL COMPLAINT MUST BE ISSUED, WHEN THERE MUST BE A FORMAL HEARING, THE REPORTING AND NOTIFICATION REQUIREMENTS, THE REVIEW BY THE BOARD, ACTIONS THE BOARD MAY TAKE UPON FINAL REVIEW, AND THE PROCEDURE FOR SERVICE OF NOTICE; PROVIDE FOR WHEN DISCOVERY MAY BE PERMITTED; PROVIDE THE ACTIONS A BOARD MAY TAKE UPON THE DETERMINATION THAT GROUNDS FOR DISCIPLINARY ACTION EXIST AND THE MANNER OF AND PROCEDURE FOR DISCIPLINING THE PERSON COMMITTING THE MISCONDUCT; PROVIDE THAT THE PERSON MAY HAVE TO PAY A FINE AND THE COSTS OF THE DISCIPLINARY ACTION; PROVIDE THAT A PERSON WHOSE LICENSE HAS BEEN PERMANENTLY REVOKED MUST NOT BE READMITTED TO PRACTICE IN THIS STATE; PROVIDE THAT A LICENSEE MAY RELINQUISH AN AUTHORIZATION TO PRACTICE INSTEAD OF FURTHER DISCIPLINARY PROCEEDINGS SUBJECT TO CERTAIN CONDITIONS; PROVIDE FOR FINAL ORDERS OF THE BOARD; PROVIDE THAT DISCIPLINARY ACTIONS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT; PROVIDE THAT THE BOARD MAY DENY LICENSURE ON THE SAME GROUNDS FOR WHICH THE BOARD MAY TAKE DISCIPLINARY ACTION AGAINST THE PERSON; PROVIDE THAT THE BOARD MAY DENY A LICENSE BASED ON A PERSON'S CRIMINAL RECORD PURSUANT TO CERTAIN CIRCUMSTANCES; PROVIDE THAT A PERSON MAY NOT PRACTICE UNTIL FINAL ACTION IN THE DISCIPLINARY MATTER IF HE VOLUNTARILY SURRENDERS HIS AUTHORIZATION TO PRACTICE WHILE UNDER INVESTIGATION OF A VIOLATION; FINAL DECISION BY THE BOARD MAY BE REVIEWED BY THE ADMINISTRATIVE LAW COURT; PROVIDE THAT A PERSON FOUND IN VIOLATION MAY BE REQUIRED TO PAY COSTS SUBJECT TO COLLECTION AND ENFORCEMENT PROVISIONS; PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION RELATED TO PROCEEDINGS AND CERTAIN COMMUNICATIONS UNTIL FILED; PROVIDE THAT THE DEPARTMENT SHALL PROVIDE WRITTEN ACKNOWLEDGEMENT OF EACH INITIAL COMPLAINT AND NOTIFY THE COMPLAINANT OF THE OUTCOME; PROVIDE A PROCEDURE FOR BREACH OF CONFIDENTIALITY; PROVIDE WHEN A LICENSEE MAY SUPERVISE ANOTHER PRACTITIONER AND THE RESPONSIBILITIES OF THE SUPERVISING PHYSICIAN; PROVIDE PENALTIES FOR UNLAWFUL PRACTICE OF MEDICINE; AND PROVIDE THAT THE DEPARTMENT, IN ADDITION TO INSTITUTING A CRIMINAL PROCEEDING, MAY INSTITUTE A CIVIL ACTION THROUGH THE ADMINISTRATIVE LAW COURT FOR INJUNCTIVE RELIEF AGAINST A PERSON OR ENTITY FOR CERTAIN VIOLATIONS AND PROVIDE A PENALTY.
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Read the first time and referred to the Committee on Medical Affairs.

S. 882 (Word version) -- Senator Cromer: A BILL TO PROVIDE THAT A COUNTY WHICH CONDUCTED A COUNTYWIDE PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAM AFTER 2000 WHICH HAS NOT YET BEEN IMPLEMENTED MAY POSTPONE IMPLEMENTATION FOR ONE ADDITIONAL YEAR.
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Senator CROMER spoke on the Bill.

Read the first time and, on motion of Senator CROMER, with unanimous consent, S. 882 was ordered placed on the Calendar without reference.

S. 883 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF DOCTOR EUGENE H. KAPLAN UPON HIS RETIREMENT AS DISTINGUISHED PROFESSOR OF NEUROPSYCHIATRY AND BEHAVIORAL SCIENCE AT THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE AND EXTEND BEST WISHES TO HIM ON HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 884 (Word version) -- Senator Jackson: A SENATE RESOLUTION RECOGNIZING THE DARING ACTS OF BRAVERY OF DERRICK GIBSON IN RESCUING A MOTHER AND HER TODDLER FROM A BURNING CAR IN THE WAKE OF A FATAL COLLISION BETWEEN THEIR CAR AND TWO TRACTOR-TRAILERS ON INTERSTATE 20.
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The Senate Resolution was adopted.

S. 885 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. FRIEDA MITCHELL ON HER EIGHTIETH BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR GOOD HEALTH AND HAPPINESS.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3335 (Word version) -- Reps. Limehouse, Hagood, Merrill, Whipper, Altman, Breeland, R. Brown, Chellis, Harrell, Hinson, Mack, Scarborough, Umphlett, Ceips and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-676 SO AS TO DESIGNATE SWEET GRASS BASKET THE OFFICIAL STATE HANDCRAFT.

Senator GROOMS spoke on the Bill.

Read the first time and, on motion of Senator GROOMS, with unanimous consent, H. 3335 was ordered placed on the Calendar without reference.

H. 3362 (Word version) -- Reps. W. D. Smith and Altman: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATIONS OF JURORS, SO AS TO CHANGE THE DISQUALIFICATION FOR A PERSON CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR TO A CRIME PUNISHABLE BY IMPRISONMENT OF THIRTY DAYS OR MORE AND TO PROVIDE AN ADDITIONAL DISQUALIFICATION FOR A PERSON WHO HAS CRIMINAL CHARGES PENDING.

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

H. 3407 (Word version) -- Reps. J. M. Neal, Govan, McCraw, Phillips, Altman, Bales, Branham, Emory, Harrell, Huggins, Limehouse, Rhoad, Scarborough, G. R. Smith and Neilson: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE SPOUSES IN THE PERSONS ELIGIBLE FOR THE TUITION EXEMPTION AND TO INCLUDE SUMMER SEMESTERS IN THE FOUR YEARS THE PERSONS MAY RECEIVE THE TUITION EXEMPTION; TO AMEND SECTION 59-111-160, RELATING TO THE DEFINITION OF "TOTAL DISABILITY", SO AS TO INCLUDE SPOUSES IN THE APPLICATION OF THIS ARTICLE.

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

H. 3554 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A SELF-INSURER FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT AN IRREVOCABLE LETTER OF CREDIT ISSUED BY A BANK CHARTERED IN THIS STATE OR A MEMBER BANK OF THE FEDERAL RESERVE SYSTEM MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES IN LIEU OF THE CASH DEPOSIT REQUIRED TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY OF A POTENTIAL SELF-INSURER, AND TO PROVIDE THAT A PERSON OR COMPANY THAT QUALIFIES AS A SELF-INSURER MAY ISSUE CERTIFICATES OF INSURANCE FOR ALL PURPOSES ONLY ON THE VEHICLES LISTED IN THE APPLICANT'S NAME; AND TO AMEND SECTION 58-23-1240, RELATING TO THE PUBLIC TAXI PLATE WHICH MUST BE AFFIXED TO A TAXI, SO AS TO PROVIDE THAT THE PLATE MUST BE AFFIXED ONLY TO THE REAR OF A TAXI, TO PROVIDE THAT A STICKER MAY BE AFFIXED TO THE TAXI IN LIEU OF A METAL PLATE, TO PROVIDE THAT THE CITY WHERE THE TAXI PRINCIPALLY OPERATES MUST APPROVE THE DIMENSIONS OF THE STICKER OR PLATE INSTEAD OF THE GOVERNING BODY OF THE COUNTY, TO REMOVE THE TERM "PUBLIC" AND THE TAXI LICENSE NUMBER FROM THE CONTENTS OF THE STICKER OR PLATE, TO DELETE THE REQUIREMENT THAT THE COLOR OF THE PLATE MUST BE CHANGED ANNUALLY, AND TO PROVIDE THAT THE OWNER OF A TAXI THAT QUALIFIES AS A SELF-INSURER MUST ISSUE TO EACH OPERATOR OF THE TAXI A CERTIFICATE OF INSURANCE WHICH MUST BE MAINTAINED IN THE TAXI WHILE IT IS IN OPERATION.

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

H. 3900 (Word version) -- Reps. M. A. Pitts and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 31, TITLE 23, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY OR DEPARTMENT MUST ISSUE A PICTURE IDENTIFICATION TO CERTAIN RETIREES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE AGENCY OR DEPARTMENT MUST ALLOW CERTAIN RETIREES TO QUALIFY ANNUALLY WITH A FIREARM, TO PROVIDE THAT AN AGENCY OR DEPARTMENT THAT FAILS TO COMPLY WITH THIS PROVISION SHALL NOT RECEIVE ANY STATE GRANTS OR MONIES, AND TO PROVIDE THAT THE PRIVILEGES CONTAINED IN THIS PROVISION MAY NOT BE CONFERRED UPON A PERSON CONVICTED OF A CRIME THAT WOULD HAVE PREVENTED HIM FROM BECOMING A CERTIFIED LAW ENFORCEMENT OFFICER.

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

H. 3968 (Word version) -- Reps. Govan, Clyburn, Rutherford, Hosey, Moody-Lawrence, Lee, Clark, Allen, Breeland, J. Brown, R. Brown, Davenport, Jefferson, Littlejohn, Mack, J. H. Neal, Rice and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-285 SO AS TO ENACT THE HEALTHY SOUTH CAROLINIANS 2010 ACT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND PROMOTE HEALTHY SOUTH CAROLINIANS 2010 GOALS AND OBJECTIVES, USING THE FEDERAL HEALTHY PEOPLE 2010 AS A MODEL; TO PROVIDE THAT THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GENERAL ASSEMBLY ON THE STATUS OF DISPARITIES IN HEALTH AMONG MINORITIES AND NONMINORITIES; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH MINORITY PHYSICIAN NETWORKS TO DEVELOP PROGRAMS TO EDUCATE HEALTH CARE PROFESSIONALS ABOUT THE IMPORTANCE OF CULTURE IN HEALTH STATUS; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH HEALTH ORGANIZATIONS TO INCREASE THE PROPORTION OF HEALTH CARE PROFESSIONALS FROM MINORITY BACKGROUNDS; AND TO PROVIDE THAT THE DEPARTMENT SHALL PROMOTE RESEARCH ON METHODS TO REDUCE DISPARITIES IN HEALTH CARE; AND TO ADD SECTION 44-6-225 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL CONTRACT WITH MINORITY PHYSICIAN NETWORKS TO PROVIDE COST-EFFECTIVE MEDICAID SERVICES; AND TO PROVIDE THAT THE DEPARTMENT SHALL WORK TO EXPAND MINORITY PHYSICIAN NETWORKS IN EACH HEALTH DISTRICT.

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

H. 4070 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.

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

H. 4096 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.

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

H. 4149 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO CONGRATULATE THE DENMARK-OLAR LADY VIKINGS TRACK AND FIELD TEAM OF DENMARK ON ITS STATE CLASS A CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM MEMBERS AND THEIR COACH, WAYNE FARMER, ON AN EXCEPTIONAL SEASON.

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

H. 4151 (Word version) -- Reps. McLeod, J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. 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, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, 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, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE TRIANGLE CHILD CARE CENTER OF NEWBERRY COUNTY AND ITS FOUNDERS, CLYDE AND JESSIE GILLIAM HILL, FOR THEIR OUTSTANDING COMMITMENT TO LOVING, QUALITY CHILDCARE ON THE CENTER'S THIRTIETH ANNIVERSARY, AND TO EXTEND BEST WISHES FOR GROWTH AND CONTINUED SUCCESS IN THE COMING YEARS.

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

H. 4153 (Word version) -- Reps. Mahaffey, Talley and Sinclair: A CONCURRENT RESOLUTION TO CONGRATULATE THE BYRNES HIGH SCHOOL LADY REBELS SOFTBALL TEAM OF SPARTANBURG COUNTY ON ITS IMPRESSIVE WIN OF THE STATE AAAA CHAMPIONSHIP TITLE, AND TO RECOGNIZE THE PLAYERS AND THEIR COACH, DEBBIE HOLCOMBE, ON THEIR EXCEPTIONAL SEASON.

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

H. 4159 (Word version) -- Reps. Wilkins, Merrill and Ott: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 2005, NOT LATER THAN 5:00 P.M., THE HOUSE OF REPRESENTATIVES AND THE SENATE MAY MEET IN STATEWIDE SESSION INDEPENDENTLY OR IN CONJUNCTION WITH THE OTHER HOUSE ON A TUESDAY AT 11:00 A.M. TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND PRESIDENT PRO TEMPORE OF THE SENATE IN REGARD TO THEIR RESPECTIVE HOUSES UNDER THE TERMS AND CONDITIONS ESTABLISHED HEREIN AND CONTINUING, IF NECESSARY, UNTIL THE FOLLOWING WEDNESDAY NOT LATER THAN 5:00 P.M., TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE UPON THE ADJOURNMENT OF THE AUTHORIZED STATEWIDE SESSIONS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE NOT LATER THAN 5:00 P.M. ON THE WEDNESDAY FOLLOWING THEIR CONVENING, TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED UNTIL THE EXTENDED SINE DIE ADJOURNMENT DATE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NOT LATER THAN 5:00 P.M. ON SEPTEMBER 15, 2005, WHETHER OR NOT THE ABOVE STATEWIDE SESSIONS OF THE HOUSE AND SENATE HAVE BEEN HELD.

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

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

S. 519 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 752 (Word version) -- Senator Cromer: A BILL TO AMEND ARTICLE 1, CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING GENERALLY, BY ADDING SECTION 59-101-450, SO AS TO PREVENT PUBLIC INSTITUTIONS OF HIGHER LEARNING FROM USING THE SOCIAL SECURITY NUMBER OF A STUDENT AS THE INDIVIDUAL IDENTIFICATION NUMBER OF THE STUDENT.

Ordered for consideration tomorrow.

Columbia, S.C., May 19, 2005

Mr. President and Senators:

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

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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 19, 2005

Mr. President and Senators:

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

H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 24, 2005

Mr. President and Senators:

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

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, TO MAKE VARIOUS AMENDMENTS TO THE TERI PROGRAM, AND TO ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House

Received as information.

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, TO MAKE VARIOUS AMENDMENTS TO THE TERI PROGRAM, AND TO ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM. (ABBREVIATED TITLE)

On motion of Senator ALEXANDER, the Senate insisted upon its amendments to S. 618 and asked for a Committee of Conference.

Whereupon, Senators ALEXANDER, SETZLER and RYBERG were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

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

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

H. 4077 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A SIX AND ONE-QUARTER MILL INCREASE IN THE LEVY OF TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND ENDING JUNE 30, 2006, AND TO ALLOCATE THE INCREASED REVENUES FOR SCHOOL PURPOSES IN DILLON COUNTY.

On motion of Senator ELLIOTT

On motion of Senator ELLIOTT, H. 4077 was ordered to receive a third reading on Wednesday, May 25, 2005.

HAVING ONLY CONTESTED BILLS ON THE STATEWIDE CALENDAR, THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 3984 (Word version) -- Reps. Leach, Haskins, G.M. Smith, Harrison, Wilkins, Altman, Merrill, Frye, Cotty, Chellis, Huggins, Whitmire, Brady, Clark, Duncan, Ballentine, Limehouse, Pinson, Haley, Toole, Bailey, Ceips, Hagood, Harrell, Herbkersman, J. Hines, Hinson, Kirsh, Littlejohn, Mahaffey, McGee, Perry, E.H. Pitts, Sandifer, Scarborough, Simrill, Sinclair, D.C. Smith, G.R. Smith, J.R. Smith, Talley, Taylor, Thompson, Vaughn, Viers, Walker, Umphlett, Hamilton and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE MAGISTRATES, MUNICIPAL COURT JUDGES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING LEGAL EDUCATION ON ISSUES CONCERNING DOMESTIC VIOLENCE; BY ADDING SECTION 20-4-65 SO AS TO PROVIDE THAT A PERSON SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY A FILING FEE; BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST BE TERMINATED FROM HIS EMPLOYMENT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCREASE THE PENALTIES AND FINES FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND FOR A PERSON WHO COMMITS CRIMINAL DOMESTIC VIOLENCE WHO HAS TWO PRIOR CONVICTIONS FOR CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE WITHIN THE PREVIOUS TEN YEARS; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ADD THAT A PERSON IS GUILTY OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE IF THE PERSON INTENTIONALLY COMMITS AN ASSAULT AND BATTERY IN THE PHYSICAL PRESENCE OF A MINOR CHILD AND TO ADD A MANDATORY MINIMUM SENTENCE OF ONE YEAR TO THE PENALTIES PROVIDED FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS PARTICIPATING IN THE PRETRIAL INTERVENTION PROGRAM, SO AS TO REQUIRE A PERSON TO AGREE IN WRITING TO SUCCESSFULLY COMPLETE A BATTERER'S TREATMENT PROGRAM IF THE OFFENSE IS FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE IF A PETITION FOR RELIEF IS FILED AND A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS PENDING OR SUBSEQUENTLY FILED, THE COURT SHALL PROCEED WITH THE PETITION FOR RELIEF INDEPENDENT FROM THE ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE FOR AN INDIVIDUALIZED HEARING AND NOTICE TO THE VICTIM WHEN A PERSON IS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE; TO AMEND SECTION 22-5-910, AS AMENDED, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A FIRST OFFENSE CRIMINAL DOMESTIC VIOLENCE OFFENSE MAY BE EXPUNGED AFTER FIVE YEARS RATHER THAN THREE YEARS FROM THE DATE OF CONVICTION; AND TO AMEND SECTION 56-7-15, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT AN OFFICER SHALL IMMEDIATELY COMPLETE AND FILE AN INCIDENT REPORT AFTER ARRESTING A PERSON FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE.

Senator MARTIN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

H. 3010 (Word version) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.

Senator MARTIN moved that the Bill be made a Special Order.

Senator LEVENTIS spoke on the motion.

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

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Knotts
Leatherman                Martin                    McConnell
Mescher                   O'Dell                    Peeler
Rankin *                  Richardson                Ritchie
Scott                     Short                     Thomas
Verdin

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Jackson
Land                      Leventis                  Lourie
Malloy                    Matthews                  McGill
Moore                     Patterson                 Setzler
Sheheen                   Williams

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Having failed to receive the necessary vote, the motion to make the Bill a Special Order failed.

H. 4159 (Word version) -- Reps. Wilkins, Merrill and Ott: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 2005, NOT LATER THAN 5:00 P.M., THE HOUSE OF REPRESENTATIVES AND THE SENATE MAY MEET IN STATEWIDE SESSION INDEPENDENTLY OR IN CONJUNCTION WITH THE OTHER HOUSE ON A TUESDAY AT 11:00 A.M. TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND PRESIDENT PRO TEMPORE OF THE SENATE IN REGARD TO THEIR RESPECTIVE HOUSES UNDER THE TERMS AND CONDITIONS ESTABLISHED HEREIN AND CONTINUING, IF NECESSARY, UNTIL THE FOLLOWING WEDNESDAY NOT LATER THAN 5:00 P.M., TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE UPON THE ADJOURNMENT OF THE AUTHORIZED STATEWIDE SESSIONS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE NOT LATER THAN 5:00 P.M. ON THE WEDNESDAY FOLLOWING THEIR CONVENING, TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED UNTIL THE EXTENDED SINE DIE ADJOURNMENT DATE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NOT LATER THAN 5:00 P.M. ON SEPTEMBER 15, 2005, WHETHER OR NOT THE ABOVE STATEWIDE SESSIONS OF THE HOUSE AND SENATE HAVE BEEN HELD.

Senator McCONNELL moved that the Resolution be placed in the status of Interrupted Debate.

The Resolution was placed in the status of Interrupted Debate.

H. 3543 (Word version) -- Reps. G.M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON WITH A CURRENT CHARGE OR A PRIOR CONVICTION FOR A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE OR A PERSON SUBJECT TO A RESTRAINING ORDER OR VALID ORDER OF PROTECTION MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO PROVIDE THAT THE DURATION OF A TEMPORARY RESTRAINING ORDER IS EXTENDED FROM SIX MONTHS TO ONE YEAR; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO THE DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO REQUIRED INFORMATION NECESSARY TO OBTAIN A DRIVER'S LICENSE AND SECTION 56-1-230, RELATING TO NOTIFICATION OF CHANGE OF ADDRESS, BOTH SO AS TO REQUIRE PROOF OF ADDRESS AND TO PROVIDE EXAMPLES OF SUFFICIENT PROOF.

On motion of Senator LEVENTIS, with unanimous consent, the Senate agreed to take up the Bill for immediate consideration immediately following the Motion Period.

Senator McCONNELL moved that, when the Senate adjourns today, it stand adjourned to meet at 10:00 A.M. on Wednesday, May 25, 2005.

There was no objection and the motion was adopted.

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.

Senator MARTIN moved that the Bill be made a Special Order.

Senator LEVENTIS spoke on the motion.

Senator RICHARDSON raised a Point of Order that the Bill was out of order inasmuch as the Bill was drafted to an improper section of the S.C. Code of Laws.

Senator THOMAS spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator MARTIN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LEVENTIS raised a Point of Order under Rule 26E that the motion was out of order inasmuch as a fiscal impact statement was not attached to the Bill prior to second reading.

The PRESIDENT overruled the Point of Order.

The question then was the motion to make the Bill a Special Order.

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Cromer
Drummond                  Elliott                   Fair
Ford                      Grooms                    Hawkins
Jackson                   Knotts                    Land
Leatherman                Martin                    McConnell
Moore                     O'Dell                    Patterson
Peeler                    Rankin                    Ritchie
Scott                     Thomas                    Verdin

Courson                   Gregory                   Hayes
Hutto                     Leventis                  Lourie
Malloy                    Richardson                Setzler
Sheheen                   Short

Having received the necessary vote, the Bill was made a Special Order.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 24, 2005, at 1:15 P.M. and the following Acts and Joint Resolutions were ratified:

(R92, S. 67 (Word version)) -- Senators Short, Elliott and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-1460 SO AS TO ENACT THE "VOLUNTEER FIREFIGHTER AND EMERGENCY MEDICAL SERVICES PERSONNEL JOB PROTECTION ACT", PROHIBITING AN EMPLOYER FROM FIRING A VOLUNTEER FIREFIGHTER OR EMERGENCY SERVICES PERSONNEL WHO IS RESPONDING IN THE COURSE OF PERFORMING HIS DUTIES AS A VOLUNTEER FIREFIGHTER OR EMERGENCY SERVICES PERSONNEL TO AN EMERGENCY DECLARED BY THE PRESIDENT OR THE GOVERNOR.
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(R93, S. 85 (Word version)) -- Senators McConnell, Moore, Elliott, Alexander, Fair, Richardson, Ford and Campsen: AN ACT TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD ABUSE AND NEGLECT INVESTIGATION AND DISPOSITION PROCEDURES, INCLUDING CRITERIA FOR PLACING A PERPETRATOR ON THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT PLACEMENT OF A PERSON'S NAME ON THE CENTRAL REGISTRY CANNOT BE WAIVED BY ANY PARTY OR BY THE COURT AND TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR OF CORPORAL PUNISHMENT MUST BE PLACED ON THE CENTRAL REGISTRY; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT IF DETERMINATION OF A PERSON'S HISTORY OF CHILD ABUSE OR NEGLECT IS A CONDITION FOR EMPLOYMENT OR VOLUNTEER SERVICE OR FOR ISSUANCE OF A LICENSE OR REGISTRATION, THE PERSON MUST BE SCREENED AGAINST THE CENTRAL REGISTRY BEFORE EMPLOYMENT OR VOLUNTEER SERVICE OR BEFORE ISSUANCE OF THE LICENSE OR REGISTRATION AND UPON RENEWAL OF THE FACILITY LICENSE OR REGISTRATION.
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(R94, S. 135 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKERS' COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES MUST APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKERS' COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKERS' COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.
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(R95, S. 144 (Word version)) -- Senators Mescher, Short and Rankin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-63-80 AND 59-63-90 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT A POLICY REQUIRING A STUDENT WITH SPECIAL HEALTH CARE NEEDS TO HAVE AN INDIVIDUAL HEALTH CARE PLAN, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP GUIDELINES FOR REQUIRED COMPONENTS OF A WRITTEN STUDENT INDIVIDUAL HEALTH CARE PLAN, TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A NOTICE TO BE SENT BY EACH SCHOOL DISTRICT TO ALL PARENTS OR GUARDIANS NOTIFYING THEM OF CERTAIN AVAILABLE SERVICES AND RIGHTS, AND TO DEFINE CERTAIN TERMS; AND TO AMEND SECTION 15-78-60, RELATING TO IMMUNITY, SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.
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(R96, S. 289 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 50-11-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FUR LICENSES, SO AS TO INCREASE THE LICENSE FEES; TO AMEND SECTION 50-11-2460, AS AMENDED, RELATING TO THE TRAPPING OF FURBEARERS, SO AS TO FURTHER PROVIDE FOR THE TYPES OF TRAPS WHICH MAY BE USED; TO AMEND SECTION 50-11-2475, AS AMENDED, RELATING TO A FUR PROCESSOR'S LICENSE, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO ARE REQUIRED TO OBTAIN A LICENSE AND FOR THOSE WHO ARE NOT; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS WHO ARE NOT REQUIRED TO OBTAIN A FUR BUYER'S LICENSE, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 50-11-2490, AS AMENDED, RELATING TO FUR BUYERS AND PROCESSORS REQUIRED TO KEEP A DAILY REGISTER, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS REQUIRED TO KEEP SUCH A REGISTER AND THE CONTENTS OF THE REGISTER; TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO THE TAGGING OF BOBCAT AND OTTER FURS, PELTS, AND HIDES AND THE ISSUANCE AND FEES FOR THOSE TAGS, SO AS TO REVISE THOSE PERSONS REQUIRED TO HAVE SUCH A TAG AND THE FEES AND PROCEDURES FOR THOSE TAGS; TO AMEND SECTION 50-11-2515, AS AMENDED, RELATING TO THE UNLAWFUL TRAFFICKING IN FURS OR FURBEARING ANIMALS, SO AS TO FURTHER PROVIDE FOR THE ELEMENTS OF THIS OFFENSE; TO AMEND SECTION 50-11-2540, AS AMENDED, RELATING TO THE COMMERCIAL TRAPPING SEASON FOR FURBEARING ANIMALS, SO AS TO REVISE THE LENGTH OF THIS SEASON; TO AMEND SECTION 50-11-2560, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF CERTAIN FUR AND FURBEARING PROVISIONS OF LAW, SO AS TO FURTHER PROVIDE FOR THOSE PROVISIONS TO WHICH THESE PENALTIES APPLY; TO AMEND SECTION 50-11-2610, RELATING TO FOX AND COYOTE HUNTING ENCLOSURE PERMITS, SO AS TO REVISE THE PERMIT YEAR; AND TO REPEAL SECTION 50-11-2500 RELATING TO PERMITS TO HOLD FURS BEYOND THE END OF THE REGULAR SEASON FOR TAKING FUR BEARING ANIMALS.
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(R97, S. 291 (Word version)) -- Senators Gregory and Knotts: AN ACT TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES AUTHORIZED FOR SALE BY THE DEPARTMENT, SO AS TO REVISE THE AGE AND FEE REQUIREMENTS FOR A STATEWIDE LIFETIME HUNTING AND FISHING LICENSE.
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(R98, S. 362 (Word version)) -- Senators J. Verne Smith and McGill: AN ACT TO AMEND CHAPTER 50, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, SO AS TO PROVIDE STANDARDS THE FACULTY OF THE SCHOOL MUST MEET TO TEACH AT THE SCHOOL; TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE SCHOOL; TO PROVIDE THAT OUT-OF-STATE OR INTERNATIONAL EXCHANGE STUDENTS SHALL PAY TUITION AS DETERMINED BY THE SCHOOL; TO CHANGE THE CHIEF EXECUTIVE OFFICER FROM THE EXECUTIVE DIRECTOR TO THE PRESIDENT, EXEMPT THE PRESIDENT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, AND PROVIDE THAT THE VICE PRESIDENTS SERVE AT THE WILL OF THE PRESIDENT; AND TO PROVIDE THAT THE BOARD OF DIRECTORS SHALL ADOPT POLICIES AND PROMULGATE REGULATIONS NECESSARY FOR THE OPERATION AND MANAGEMENT OF THE SCHOOL.
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(R99, S. 491 (Word version)) -- Senators McConnell, Martin and Ford: AN ACT TO AMEND SECTION 42-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO TIE THE MAXIMUM SALARY PAID TO THE ADMINISTRATIVE DIRECTOR TO THE SALARY PAID TO COMMISSIONERS INSTEAD OF CIRCUIT JUDGES.
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(R100, S. 535 (Word version)) -- Senators Hutto, Moore, Ryberg, Richardson and Pinckney: AN ACT TO AMEND SECTION 50-13-237, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HARVEST OF STRIPED BASS AND STRIPED BASS HYBRIDS IN PORTIONS OF THE SAVANNAH RIVER, SO AS TO MAKE IT UNLAWFUL TO POSSESS MORE THAN TWO STRIPED BASS, STRIPED BASS HYBRIDS, WHITE BASS, OR ANY COMBINATION OF THESE SPECIES IN CERTAIN PORTIONS OF THE SAVANNAH RIVER AND TO PROVIDE THAT ANY LAWFUL POSSESSED FISH OF EACH OF THESE SPECIES MUST BE A MINIMUM OF TWENTY-SEVEN INCHES IN TOTAL LENGTH; AND TO REPEAL SECTION 50-13-120 RELATING TO NO SIZE LIMITS ON CERTAIN FRESH WATER FISH.
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(R101, H. 3142 (Word version)) -- Reps. White, Davenport, Mahaffey and Owens: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES; TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST; AND TO PROVIDE THAT THE STATE BOARD OF NURSING SHALL PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
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(R102, H. 3155 (Word version)) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer, Haley, Brady, Hagood, Talley, G.R. Smith and Neilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD PROBLEM SOLVING SKILLS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE TRAITS WHICH MUST BE INCORPORATED INTO SCHOOL BOARD POLICIES ADDRESSING CHARACTER EDUCATION; TO AMEND SECTION 59-18-900, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
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(R103, H. 3297 (Word version)) -- Rep. Harrell: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, INCLUDING PRESCRIPTION MEDICATIONS, SO AS TO ALSO INCLUDE IN THIS EXEMPTION, PRESCRIPTIONS FOR THE TREATMENT OF RHEUMATOID ARTHRITIS.
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(R104, H. 3393 (Word version)) -- Reps. M.A. Pitts, Anthony, Duncan, Hardwick, Herbkersman, Sinclair and Witherspoon: AN ACT 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.
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(R105, H. 3577 (Word version)) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: AN ACT 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 THAT THIS FEE MAY NOT BE INCREASED EXCEPT IN AN ACT SEPARATE FROM THE GENERAL APPROPRIATIONS ACT, AND FURTHER PROVIDE FOR THE USE OF THESE FUNDS.
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(R106, H. 3674 (Word version)) -- Reps. Bingham and Mahaffey: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-275 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY TO ISSUE A LICENSE BY CREDENTIALS TO PRACTICE DENTISTRY AND TO ESTABLISH THE CRITERIA FOR OBTAINING SUCH LICENSURE.
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(R107, H. 3695 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY-DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION OF DENTISTS AND DENTAL HYGIENISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R108, H. 3696 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY-DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2950, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R109, H. 3870 (Word version)) -- Reps. Walker and Sinclair: AN ACT TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF COMMISSIONERS AND TO PROVIDE THAT ONE MEMBER MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.
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(R110, H. 4038 (Word version)) -- Reps. Govan, Cobb-Hunter and Ott: AN ACT TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS OF ORANGEBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Senator MARTIN asked unanimous consent to make a motion that the Senate proceed to a Call of the Contested Statewide and Local Calendar.

Senator FORD objected.

Pursuant to Rule 33A, the time allotted for the Motion Period expired.

H. 3543 (Word version) -- Reps. G.M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON WITH A CURRENT CHARGE OR A PRIOR CONVICTION FOR A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE OR A PERSON SUBJECT TO A RESTRAINING ORDER OR VALID ORDER OF PROTECTION MAY NOT BE CONSIDERED FOR A DIVERSION PROGRAM; TO AMEND SECTIONS 16-3-1525 AND 16-3-1530, RELATING TO VICTIM NOTIFICATION, SO AS TO PROVIDE THAT VICTIM NOTIFICATION MAY NOT BE BY ELECTRONIC OR OTHER AUTOMATED COMMUNICATION OR RECORDING AND TO PROVIDE A PROCEDURE FOR NOTIFICATION; TO AMEND ARTICLE 17, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO REVISE THE PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO PROVIDE THAT THE DURATION OF A TEMPORARY RESTRAINING ORDER IS EXTENDED FROM SIX MONTHS TO ONE YEAR; TO ALLOW LAW ENFORCEMENT OR ANOTHER PERSON TO SIGN A WARRANT FOR A PERSON ENGAGED IN HARASSMENT OR STALKING IN PLACE OF THE VICTIM; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO THE DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO PRISONERS WHO ARE ELIGIBLE TO PARTICIPATE IN WORK RELEASE, SO AS TO PROHIBIT THOSE OFFENDERS CONVICTED OF A VIOLENT OFFENSE, A HARASSMENT OR STALKING OFFENSE, OR A BURGLARY OFFENSE; TO AMEND SECTION 56-1-90, AS AMENDED, RELATING TO REQUIRED INFORMATION NECESSARY TO OBTAIN A DRIVER'S LICENSE AND SECTION 56-1-230, RELATING TO NOTIFICATION OF CHANGE OF ADDRESS, BOTH SO AS TO REQUIRE PROOF OF ADDRESS AND TO PROVIDE EXAMPLES OF SUFFICIENT PROOF.

By prior motion of Senator LEVENTIS, with unanimous consent, the Bill was taken up for immediate consideration.

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 returned to the House of Representatives with amendments.

Senator RICHARDSON asked unanimous consent to make a motion that the Senate proceed to a consideration of the Bills on the Third Reading Calendar.

Senator FORD objected.

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

S. 75 (Word version) -- Senators Knotts, Hutto, O'Dell, Alexander, Cromer and Ford: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO A LAW ENFORCEMENT OFFICER RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.

The House returned the Bill with amendments.

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

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.

The House returned the Bill with amendments.

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

S. 557 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 42-1-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS OF PRISONERS IN THE CUSTODY OF THE COUNTY PENAL SYSTEM, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS WORKING FOR THE MUNICIPALITY.

The House returned the Bill with amendments.

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

S. 97 (Word version) -- Senators Land, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY AVAILABLE FOR REDEVELOPMENT FOR PURPOSES OF THE TAX INCREMENT FINANCING ACT FOR COUNTIES; TO AMEND SECTION 31-7-20, RELATING TO EXISTING FINDINGS FOR PURPOSES OF THE ACT, SO AS TO EXTEND EXISTING FINDINGS WITH RESPECT TO THE ACT; TO AMEND SECTION 31-7-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE ACT, SO AS TO REVISE APPLICABLE DEFINITIONS TO EXTEND THE APPLICATION OF THE ACT TO MORE RURAL AREAS AND ADD ADDITIONAL ELEMENTS TO DEVELOPMENT PROJECTS NECESSARY TO ASSIST SUCH RURAL AREAS; TO AMEND SECTION 31-7-80, RELATING TO THE FINDINGS REQUIRED FOR A REDEVELOPMENT PROJECT ORDINANCE, SO AS TO REVISE THESE FINDINGS; AND TO AMEND SECTION 31-7-120, RELATING TO JOINTLY ADOPTED MUNICIPAL AND COUNTY REDEVELOPMENT PLANS, SO AS TO AUTHORIZE COUNTIES JOINTLY BY INTERGOVERNMENTAL AGREEMENTS TO ESTABLISH A MULTI-COUNTY OR REGIONAL AUTHORITY TO ESTABLISH REDEVELOPMENT PLANS AND PROPERTY WHEN SUCH PROJECTS HAVE ECONOMIC IMPACT BEYOND A SINGLE COUNTY AND PROVIDE FOR ALL SUCH AUTHORITIES TO ACT BY INTERGOVERNMENTAL AGREEMENT AND ORDINANCES OF COUNTIES PARTY TO THE AGREEMENT.

The House returned the Bill with amendments.

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

S. 204 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.

The House returned the Bill with amendments.

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

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

Initial Appointment, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Carol Tolen, 120 West Washington Street, Winnsboro, S.C. 29180 VICE Gregory Sloan

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Daniel Sullivan Henderson of Spartanburg, S.C.

At 1:39 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 1:20 P.M.