SENATE JOURNAL 05/31/2005 - South Carolina Legislature Online

South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Tuesday, May 31, 2005
(Statewide Session)

~~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, as another Memorial Day slides into history, hear words from the Epistle to the Hebrews (12:1):

"Wherefore, seeing we also are compassed about with so great a cloud of witnesses... let us run with patience the race that is set before us."

Let us pray.

God of our fathers, we've come through yet another Memorial Day, yet our brave soldiers make such great sacrifices - yes, even until death after death.

We do not want to forget the past, but Heavenly Father, help us bring this killing to an end and restore some kind of peace in the world.

GOD HAVE MERCY upon our fighting sons and daughters and their families.
Amen!

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

Doctor of the Day

Senator CAMPSEN introduced Dr. Del Schutte, of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator SETZLER, at 3:00 P.M., Senator MOORE was granted a leave of absence until 10:30 A.M. Wednesday, June 1, 2005.

Motion to Ratify Adopted

At 4:48 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:00 A.M. on Wednesday, June 1, 2005.

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

Expression of Personal Interest

Senator CLEARY rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator GREGORY rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator ELLIOTT rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 900 (Word version) -- Senator Williams: A SENATE RESOLUTION TO CONGRATULATE THE MARION COUNTY TECHNICAL EDUCATION CENTER ROBOTICS TEAM ON ITS IMPRESSIVE VICTORY AT THE FIRST ROBOTICS PALMETTO REGIONAL COMPETITION, AND TO WISH ITS PLAYERS AND MENTORS THE BEST IN ALL FUTURE COMPETITION.
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The Senate Resolution was adopted.

S. 901 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO CONGRATULATE THE HOLLY HILL ACADEMY VARSITY GIRLS SOFTBALL TEAM OF ORANGEBURG COUNTY ON ITS SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA SOFTBALL STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACHES, HENRY LOCKEY AND MAC SHULER, ON AN EXCEPTIONAL SEASON.
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The Senate Resolution was adopted.

S. 902 (Word version) -- Senator Williams: A SENATE RESOLUTION TO HONOR AND RECOGNIZE THE LONG AND EXEMPLARY LIFE OF MRS. ESSIE LEONARD BRUNSON OF MULLINS, AND TO WISH HER THE BEST AS SHE CONTINUES TO BRING JOY TO HER FAMILY AND COMMUNITY.
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The Senate Resolution was adopted.

S. 903 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO COMMEND THE HONORABLE MARIE C. RAWL OF RIDGELAND FOR HER DEVOTED SERVICE TO THE STATE OF SOUTH CAROLINA UPON HER RETIREMENT AS MAGISTRATE OF JASPER COUNTY.
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The Senate Resolution was adopted.

S. 904 (Word version) -- Senator Courson: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MR. LUTHER P. BYARS OF LEXINGTON FOR HIS DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO THE SOUTH CAROLINA REPUBLICAN PARTY.
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The Senate Resolution was adopted.

S. 905 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG SOUTH CAROLINA HIGHWAY 215 THAT CROSSES THE CSX RAILROAD TRACKS IN UNION COUNTY THE "LOUIE JACOB DEHART MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LOUIE JACOB DEHART MEMORIAL BRIDGE".
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On motion of Senator SHORT, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4156 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO REPEAL OF DUPLICATIVE REGULATIONS INCLUDED IN THE NURSE PRACTICE ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4157 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4157--Recalled

On motion of Senator PEELER, with unanimous consent, the Joint Resolution was recalled from the Committee on Medical Affairs and ordered placed on the Calendar for consideration tomorrow.

H. 4157--Ordered to a Second and Third Reading

On motion of Senator PEELER, with unanimous consent, H. 4157 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4236 (Word version) -- Reps. Harrell, Altman, Breeland, R. Brown, Chellis, Dantzler, Hagood, Limehouse, Mack, Merrill, Scarborough, Whipper and Young: A CONCURRENT RESOLUTION APPLAUDING THE WEST ASHLEY HIGH SCHOOL LADY WILDCATS ON THEIR 4-3 SUDDEN DEATH OVERTIME VICTORY OVER FORT MILL FOR THEIR THIRD SOUTH CAROLINA AAAA STATE SOCCER TITLE IN FOUR YEARS, AND HONORING COACH DREW MCNEELY AND THE TEAM ON THEIR CONSISTENCY IN AND DEDICATION TO PLAYING SOCCER OF THE HIGHEST CALIBER.

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

H. 4237 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND HILDA MCMAHAND OF GREENVILLE COUNTY ON THE OCCASION OF HER SEVENTY-FIFTH BIRTHDAY AND EXPRESSING HEARTFELT GRATITUDE FOR HER MANY YEARS OF SERVICE TO HER CHURCH AND HER COMMUNITY.

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

H. 4238 (Word version) -- Reps. Weeks, G. M. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE REV. DR. MACK T. HINES FOR COMPLETING HIS STUDIES AND RECEIVING HIS DOCTOR OF MINISTRY DEGREE FROM HOOD THEOLOGICAL SEMINARY.

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

H. 4242 (Word version) -- Rep. Cato: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. MARY RUTH BRANYON OF GOWENSVILLE AND TO CONVEY THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

Message from the House

Columbia, S.C., May 31, 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. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.
Very respectfully,
Speaker of the House

Received as information.

S. 1--SENATE INSISTED ON ITS AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

On motion of Senator RYBERG, the Senate insisted upon its amendments to S. 1 and asked for a Committee of Conference.

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

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Townsend, Owens and Govan to the Committee of Conference on the part of the House on:

Received as information.

S. 1--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

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

Senator RYBERG spoke on the report.

On motion of Senator RYBERG, the Report of the Committee of Conference to S. 1 was adopted as follows:

S. 1--Conference Report
The General Assembly, Columbia, S.C., May 31, 2005

The COMMITTEE of CONFERENCE, to whom was referred:
Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT ALL FUNDS COLLECTED PURSUANT TO THIS SECTION MUST BE DEPOSITED IN THE STATE GENERAL FUND, A LAW ENFORCEMENT OFFICER MAY NOT SEARCH A VEHICLE STOPPED SOLELY FOR A PRIMARY SAFETY BELT VIOLATION, A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SAFETY BELT OR A CHILD RESTRAINT SYSTEM, A PERSON MUST NOT BE CONVICTED FOR A PRIMARY SAFETY BELT VIOLATION EXCEPT UPON PROOF BEYOND A REASONABLE DOUBT, A VIOLATION OF THE MANDATORY SAFETY BELT LAW MAY BE TRIED BEFORE EITHER A JUDGE OR A JURY, AND A CONVICTION FOR A VIOLATION OF THE STATE'S MANDATORY SAFETY BELT LAW IS APPEALABLE TO THE COURT OF COMMON PLEAS.

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

That the same do pass with the following amendments: (Reference is to Printer's Version 5/26/05-S.)

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

/ SECTION 1. Section 56-5-6450 of the 1976 Code is amended to read:

"Section 56-5-6450. No A person shall not be subjected to a custodial arrest for ~~violation of~~ violating the provisions of this article. ~~Any~~ A person ~~violating~~ adjudicated to be in violation of the provisions of this article ~~shall upon conviction~~ must be fined not more than twenty-five dollars, no part of which may be suspended. The court shall waive any fine against any person who, before, or upon the appearance date on the summons, supplies the court with evidence of acquisition, purchase or rental of a child restraint system meeting the requirements of this article. Court costs, assessments, or surcharges may not be assessed against a person who violates a provision of this article."

SECTION 2. Section 56-5-6525 of the 1976 Code, as added by Act 65 of 2001, is amended to read:

"Section 56-5-6525. (A) The Department of Public Safety or any other law enforcement agency must not use a 'Click It or Ticket' campaign or a similar endeavor of systematic checkpoints or roadblocks as a law enforcement tool where the principal purpose is to detect and issue a ticket to a violator of the provisions of this article on either a primary or secondary basis.

(B) A person must not be issued a citation at any checkpoint established to stop all drivers on a certain road for a period of time for removing their seatbelts in order to retrieve documentation that must be produced at the checkpoint."

SECTION 3. Section 56-5-6530 of the 1976 Code, as last amended by Act 65 of 2001, is further amended to read:

"Section 56-5-6530. The provisions of this article do not apply to:

(1) a driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons;

(2) medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals;

(3) school, church, or day care buses;

(4) public transportation vehicles except taxis;

(5) occupants of vehicles in parades;

(6) United States mail carriers;

(7) an occupant for which no safety belt is available because all belts are being used by other occupants;

(8) ~~a driver or occupant frequently stopping or leaving a motor vehicle for pick up or delivery purposes;~~

~~(9)~~ ~~occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to the lap belt;~~

~~(10)~~ ~~children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56;~~

(11) a driver or occupants in a vehicle not originally equipped with safety belts."

SECTION 4. Section 56-5-6540 of the 1976 Code, as last amended by Act 65 of 2001, is further amended to read:

"Section 56-5-6540. (A) A person who ~~violates~~ is adjudicated to be in violation of the provisions of this article~~, upon conviction,~~ must be fined not more than twenty-five dollars, ~~all or part~~ no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against ~~the~~ a person ~~convicted~~ who violates a provision of this article. No A person ~~may~~ must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article ~~may~~ must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A ~~conviction for~~ violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, ~~a conviction for~~ a violation of this article must not be:

(1) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or

(2) reported to the offender's motor vehicle insurer.

(B) A law enforcement officer must not ~~stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:~~ issue a citation to a driver or a passenger for a violation of this article when the stop is made in conjunction with a driver's license check, safety check, or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time, except when the driver is cited for violating another motor vehicle law. The driver and any passenger shall be required to buckle up before departing the checkpoint and should the driver or the passenger refuse, then the person refusing may be charged with a primary violation.

~~(1)~~ when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or

~~(2)~~ ~~when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.~~

~~(C)~~ A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

~~(D)~~ ~~A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.~~

~~(E)~~(B) A violation of this article ~~does~~ is not ~~constitute~~ negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

~~(F)~~(C) No A vehicle, driver, or occupant in a vehicle ~~may~~ must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this article ~~or a stop made under subsection (B)(1)~~.

(D) A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter.

(E) A person charged with a violation of this article may admit or deny the violation, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact is convinced beyond a reasonable doubt that the person was not wearing a safety belt at the time of the incident, the penalty is a civil fine pursuant to Section 56-5-6540. If the trier of fact determines that the State has failed to prove beyond a reasonable doubt that the person was not wearing a safety belt, no penalty shall be assessed.

(F) A person found to be in violation of this article may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95."

SECTION 5. Article 48, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-6560. (A) Any time a motor vehicle is stopped by a state or local law enforcement officer without a citation being issued or an arrest being made, the officer who initiated the stop must complete a data collection form designed by the Department of Public Safety that must include information regarding the age, gender, and race or ethnicity of the driver of the vehicle. This information may be gathered and transmitted electronically under the supervision of the department which shall develop and maintain a database storing the information collected. The department must promulgate rules and regulations with regard to the collection and submission of the information gathered.

(B) The Department of Public Safety shall develop and maintain a database for the information submitted to the department under subsection (A) and prepare a report to be posted on the department's website regarding motor vehicle stops using the collected information.

(C) The General Assembly shall have the authority to withhold any state funds or federal pass-through funds from any state or local law enforcement agency that fails to comply with the requirements of this section.

(D) This section must be reviewed by the Senate Transportation Committee and the House of Representatives Education and Public Works Committee during the 2010 Session of the General Assembly. The committees must make recommendations of appropriate changes, if any, to this section before the end of the 2010 Session."

SECTION 6. Chapter 5 of Title 56 of the 1976 Code is amended by adding:

"Section 56-5-6565. (A) The Department of Public Safety shall develop and implement education programs designed to create awareness of the State's safety belt laws and to increase safety belt use in rural and ethnically diverse areas throughout the State. The Department of Public Safety, when securing consultant, contractor, and subcontractor services for developing and implementing programs related to safety belt laws, shall select providers that have experience working with the communities the provider is procured to target. The Department of Public Safety shall confer with members of the targeted communities for input on the development of effective safety education programs and on the identification of providers that have the appropriate experience with the targeted communities.

(B) The Department of Transportation may develop additional programs to promote safety belt use or may coordinate with the Department of Public Safety to fund and carry out the programs jointly. If there is coordination between the two departments, the Department of Public Safety has final authority on all issues, including, but not limited to, program content and dissemination, allocation of funds, and procurement procedures.

(C) The Department of Public Safety may use available federal funds or private sector contributions to meet the requirements of subsection (A). The General Assembly may provide funds to supplement federal or private sector funds used by the Department of Public Safety or the Department of Transportation to develop and implement the programs described in subsection (A). The General Assembly shall provide the Department of Public Safety the funds necessary to meet the requirements of subsection (A), if federal or private sector funds are unavailable."

SECTION 7. Section 56-5-6430 of the 1976 Code is repealed.

SECTION 8. This act takes effect six months after the date of approval by the Governor except the requirements of SECTION 5 relating to the Department of Public Safety take effect on July 1, 2006, and the requirements of SECTION 5 relating to local law enforcement take effect July 1, 2007./

Amend title to read:

TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A VIOLATION OF THE LAW MUST NOT BE WAIVED AND TO PROVIDE THAT COURT COSTS, ASSESSMENTS, OR SURCHARGES MAY NOT BE ASSESSED AGAINST A PERSON WHO VIOLATES A PROVISION RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM; TO AMEND SECTION 56-5-6525, RELATING TO LIMITS ON THE USE OF CHECKPOINTS OR ROADBLOCKS TO ENFORCE THE STATE'S MANDATORY USE OF SAFETY BELT PROVISIONS, SO AS TO PROVIDE THAT A PERSON MUST NOT BE ISSUED A CITATION AT ANY CHECKPOINT ESTABLISHED TO STOP ALL DRIVERS ON A ROAD FOR A PERIOD OF TIME FOR REMOVING THEIR SAFETY BELTS IN ORDER TO RETRIEVE DOCUMENTATION THAT MUST BE PRODUCED AT THE CHECKPOINT; TO AMEND SECTION 56-5-6530, AS AMENDED, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A DRIVER OR OCCUPANT FREQUENTLY STOPPING OR LEAVING A MOTOR VEHICLE FOR PICK UP OR DELIVERY PURPOSES, OCCUPANTS OF THE BACK SEAT OF A MOTOR VEHICLE, AND CERTAIN CHILDREN UNDER SIX YEARS OF AGE ARE NOT EXEMPT FROM THE SAFETY BELT REQUIREMENT; TO AMEND SECTION 56-5-6540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFETY BELT LAW AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A VIOLATION OF THE PROVISIONS RELATING TO SAFETY BELT USE MUST BE REPORTED TO THE OFFENDER'S MOTOR VEHICLE INSURER, TO PROVIDE THAT A VEHICLE, DRIVER, OR OCCUPANT IN A VEHICLE MUST NOT BE SEARCHED PURSUANT TO THIS PROVISION, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST NOT ISSUE A CITATION TO A DRIVER OR PASSENGER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE PRIMARY ENFORCEMENT OF THE PROVISIONS THAT REQUIRE THE DRIVER AND PASSENGERS OF A MOTOR VEHICLE TO BE RESTRAINED BY A SAFETY BELT, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION, AND TO PROVIDE FOR JUDICIAL REVIEW OF A DECISION RENDERED PURSUANT TO THIS SECTION; TO ADD SECTION 56-5-6560 SO AS TO PROVIDE THAT ANYTIME A MOTOR VEHICLE IS STOPPED BY A LAW ENFORCEMENT OFFICER WITHOUT A CITATION BEING ISSUED OR AN ARREST BEING MADE, THE OFFICER WHO INITIATED THE STOP MUST COMPLETE A DATA COLLECTION FORM THAT CONTAINS CERTAIN INFORMATION THAT MUST BE PLACED IN A DEPARTMENT OF PUBLIC SAFETY DATABASE, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL HAVE THE AUTHORITY TO WITHHOLD CERTAIN FUNDS FROM A LAW ENFORCEMENT AGENCY THAT FAILS TO COMPLY WITH THIS SECTION, AND TO PROVIDE FOR THE REVIEW OF THE PROVISIONS CONTAINED IN THIS SECTION BY CERTAIN COMMITTEES OF THE GENERAL ASSEMBLY; TO ADD SECTION 56-5-6565 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DEVELOP AND IMPLEMENT EDUCATION PROGRAMS DESIGNED TO CREATE AWARENESS OF THE STATE'S SAFETY BELT LAWS AND TO INCREASE SAFETY BELT USE; AND TO REPEAL SECTION 56-5-6430, RELATING TO EXEMPTING CERTAIN MOTOR VEHICLE PASSENGERS FROM WEARING A VEHICLE RESTRAINT DEVICE.

/s/Hon. W. Greg Ryberg            /s/Hon. Ronald P. Townsend
/s/Hon. James H. Ritchie, Jr.     /s/Hon. Phil Owens
/s/Hon. Joel Lourie               /s/Hon. Jerry N. Govan, Jr.
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

S. 1--Recorded Vote

Senators McCONNELL and GROOMS desired to be recorded as voting against the adoption of the Conference Report on S. 1.

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Umphlett, Rhoad and Hardwick to the Committee of Conference on the part of the House on:

S. 184 (Word version) -- Senators Leatherman, Grooms, Mescher, Williams and McGill: A JOINT RESOLUTION TO CREATE THE FRANCIS MARION TRAIL COMMISSION TO ESTABLISH A HERITAGE AND TOURISM TRAIL HONORING FRANCIS MARION'S REVOLUTIONARY CAMPAIGNS AND TO ESTABLISH THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. M. A. Pitts, J. E. Smith and Herbkersman to the Committee of Conference on the part of the House 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.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Brady, Rutherford and G. M. Smith to the Committee of Conference on the part of the House on:

H. 3328 (Word version) -- Reps. Brady, Ceips, Cobb-Hunter, Funderburk, Haley, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Neilson, Parks, Young and Clark: A BILL TO AMEND SECTION 23-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE SEX OFFENDER REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION (SLED), SO AS TO PROVIDE THAT SLED SHALL INCLUDE AND CROSS-REFERENCE ALIAS NAMES IN THE REGISTRY; TO AMEND SECTION 23-3-430, AS AMENDED, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY; TO AMEND SECTION 23-3-440, AS AMENDED, RELATING TO THE NOTIFICATION A SHERIFF MUST RECEIVE FROM CERTAIN CORRECTIONAL AGENCIES REGARDING THE RELEASE OF A SEX OFFENDER, SO AS TO PROVIDE THAT AN OFFENDER'S PHOTOGRAPH MUST BE PROVIDED TO SLED BEFORE HE IS RELEASED; TO AMEND SECTION 23-3-450, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH HE RESIDES, SO AS TO PROVIDE THAT THE OFFENDER ALSO MUST REGISTER WITH THE SHERIFF OF THE COUNTY WHERE HE OWNS REAL PROPERTY; AND TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REQUIRING A SEX OFFENDER TO REGISTER ANNUALLY FOR LIFE, SO AS TO PROVIDE THAT A REGISTERED SEX OFFENDER WHO ACQUIRES REAL PROPERTY WITHIN THIS STATE MUST PROVIDE NOTICE OF THE ADDRESS TO THE SHERIFF IN THE COUNTY WHERE THE REAL PROPERTY IS LOCATED, AND TO PROVIDE THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER WHO MOVES TO THIS STATE, ACQUIRES REAL PROPERTY IN THIS STATE, AND IS NOT UNDER THE JURISDICTION OF CERTAIN CORRECTIONAL AGENCIES, MUST REGISTER WITHIN TEN DAYS OF ACQUIRING PROPERTY WITHIN THIS STATE.
Very respectfully,
Speaker of the House

Received as information.

H. 3328--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED

On motion of Senator MARTIN, with unanimous consent, Free Conference Powers were granted.

Whereupon, Senators MARTIN, HUTTO and CAMPSEN were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE CONCURRENCES

S. 887 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO DECLARE JUNE 1-4, 2005, AS SWEETGRASS BASKET DAYS IN SOUTH CAROLINA AND TO RECOGNIZE THE LOCAL SWEETGRASS BASKET MAKERS AS THEY EXHIBIT THIS ANCIENT AFRICAN ART FORM IN MOUNT PLEASANT AS PART OF THE PICCOLO SPOLETO CELEBRATION.

Returned with concurrence.

Received as information.

S. 860 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE TWO TOWERS OF THE NEW ARTHUR RAVENEL BRIDGE IN CHARLESTON AS THE "JOHN P. GRACE TOWER" AND THE "SILAS N. PEARMAN TOWER" RESPECTIVELY IN HONOR OF THE MEN FOR WHOM THE TWO OLD BRIDGES THAT WILL BE REPLACED BY THE ARTHUR RAVENEL BRIDGE WERE NAMED AND TO REQUEST THE DEPARTMENT TO ERECT MARKERS OR SIGNS AT THE APPROPRIATE PLACES REFLECTING THIS DESIGNATION.

Returned with concurrence.

Received as information.

S. 867 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 219 IN NEWBERRY COUNTY FROM OXNER ROAD (ROAD S-36-611) TO UNITED STATES HIGHWAY 176 AS "JERRY ALEWINE MEMORIAL HIGHWAY" IN MEMORY OF JERRY M. ALEWINE, WHO SERVED THE COUNTY OF NEWBERRY AND THE STATE OF SOUTH CAROLINA WITH DISTINCTION AS A MEMBER OF THE NEWBERRY COUNTY COUNCIL, AS BOARD CHAIRMAN OF THE NEWBERRY COUNTY MEMORIAL HOSPITAL, AND AS A MEMBER OF THE NEWBERRY COUNTY TRANSPORTATION COMMITTEE AND TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 3503 (Word version) -- Reps. Limehouse and Scarborough: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.

By prior motion of Senator MOORE

H. 4189 (Word version) -- Rep. Jennings: A BILL TO ENACT THE MARLBORO COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN MARLBORO COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TWENTY-FIVE YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

By prior motion of Senator ELLIOTT

H. 3614 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING WAGES TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, INCLUDING COLLECTION AND DISBURSEMENT OF THE WITHHELD WAGES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FAMILY COURT FEES, COSTS, AND ALLOWANCES, INCLUDING THE FIVE PERCENT ADDITIONAL FEE ADDED TO CHILD SUPPORT PAYMENTS FOR COURT COSTS, SO AS TO PROVIDE THAT THE PAYOR OF THIS ADDITIONAL FIVE PERCENT AGREES, BY PAYING THROUGH THE COURT OR A CENTRALIZED SYSTEM, THAT THIS PAYMENT IS FOR SATISFACTION OF COURT COSTS, AGREES THAT IT IS NOT CHILD SUPPORT, AS DEFINED IN FEDERAL LAW, AND AGREES TO THE DISTRIBUTION OF THIS PAYMENT TO THE STATE FOR COURT COSTS.

H. 3646 (Word version) -- Reps. Parks, J.H. Neal, Allen, Davenport, Frye, Jefferson, Lee, Limehouse, Mack, Pinson, M.A. Pitts and F.N. Smith: A BILL TO AMEND SECTION 40-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO REVISE THE DEFINITIONS OF "ATTENDANT CARE SERVICES" AND "HEALTH MAINTENANCE ACTIVITIES"; AND TO AMEND SECTION 40-33-30, AS AMENDED, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT AN UNLICENSED PERSON FROM PROVIDING ATTENDANT CARE SERVICES, WHICH ENABLE A PERSON TO REMAIN AT HOME AND WHICH ENABLE A PERSON TO CARRY OUT FUNCTIONS OF DAILY LIVING.

H. 3650 (Word version) -- Reps. W.D. Smith, Hagood and McLeod: A BILL TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.

H. 3940 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS; DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA: DATA RELEASE FOR MEDICAL ENCOUNTER DATA AND FINANCIAL REPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3305 (Word version) -- Reps. J.E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J.H. Neal, Neilson, Toole, Viers, Harrell, Ceips, Duncan, Walker, Mahaffey, Chellis and Whipper: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.

H. 3479 (Word version) -- Rep. Davenport: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

Senator HAYES explained the Bill.

THIRD READING RECONSIDERED

H. 4142 (Word version) -- Rep. Clyburn: A BILL TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SEVEN SINGLE-MEMBER DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED.

Having voted on the prevailing side, Senator MOORE moved to reconsider the vote whereby the Bill was ordered to receive a third reading by unanimous consent on Tuesday, May 31, 2005.

There was no objection and the motion to reconsider was adopted.

The Bill was placed on the Calendar for consideration tomorrow.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3039 (Word version) -- Reps. Sinclair and Whipper: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

H. 3582 (Word version) -- Reps. McLeod, Clark, J.E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO UPDATE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO DELETE OBSOLETE PROVISIONS, TO REVISE CRIMINAL PENALTIES, TO PROVIDE FOR CIVIL FINES, TO PROVIDE THAT A VIOLATION DOES NOT GIVE RISE TO A CAUSE OF ACTION, AND TO PROVIDE THAT THE PROVISIONS OF THIS ARTICLE ARE CONTINGENT UPON THE APPROPRIATION OR AVAILABILITY OF FUNDS.

H. 3741 (Word version) -- Reps. Ballentine, Wilkins, Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman, Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott, Vick, McGee, Anderson, Hardwick, Frye, W.D. Smith, Leach, J.H. Neal, G.R. Smith, Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield, Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan, Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, J.E. Smith, Talley, Thompson, Toole, Townsend, White, Umphlett, Allen, Simrill and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3794 (Word version) -- Reps. Harrell, Wilkins, Cotty, J.E. Smith, Leach, Clark, Skelton, Chellis, Davenport, Haley, Harvin, Anthony, Bales, Ballentine, Barfield, Battle, Brady, G. Brown, Cato, Coates, Cobb-Hunter, Coleman, Cooper, Delleney, Edge, Harrison, Hayes, Hinson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Lucas, Mack, McCraw, McGee, Merrill, J.M. Neal, Neilson, Ott, Perry, Rice, Simrill, G.R. Smith, J.R. Smith, W.D. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, White, Witherspoon, Young, Scarborough, Bailey and Hagood: A BILL TO AMEND CHAPTER 17, TITLE 13 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR THE SOUTH CAROLINA RESEARCH DIVISION AND THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AS TWO DIVISIONS OF THE AUTHORITY, TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE AUTHORITY AND TO PROVIDE ITS DUTIES, TO PROVIDE FOR A BUSINESS AND SCIENCE ADVISORY BOARD TO BE APPOINTED BY THE EXECUTING COMMITTEE OF THE BOARD OF TRUSTEES, TO PROVIDE DUTIES OF THE ADVISORY BOARD, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH DIVISION SHALL OPERATE EXISTING RESEARCH PARKS IN COOPERATION WITH CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA AT COLUMBIA, TO PROVIDE THAT THE AUTHORITY MAY ESTABLISH AND OPERATE ADDITIONAL FACILITIES, TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION RELATING TO A PROSPECTIVE INDUSTRY CONSIDERING A RESEARCH PARK, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS SHALL ESTABLISH THREE RESEARCH INNOVATION CENTERS ASSOCIATED WITH THE THREE RESEARCH UNIVERSITIES, TO PROVIDE THE OBJECTIVES OF THE CENTERS, TO PROVIDE FOR RESEARCH INNOVATION CENTER DIRECTORS AND STAFF FOR EACH RESEARCH INNOVATION CENTER, TO PROVIDE FOR THE FUNDING OF THE CENTERS, TO PROVIDE FOR FINANCING OF THE COSTS ASSOCIATED WITH THE PHYSICAL SPACE FOR THE INNOVATION CENTERS, AND TO PROVIDE POWERS AND DUTIES OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS.

Senator ALEXANDER asked unanimous to take up for immediate consideration a further amendment on third reading.

There was no objection.

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

Senators ALEXANDER and MOORE proposed the following amendment (PT\2707SJ05), which was adopted:

Amend the bill, as and if amended, Section 13-17-40 as contained in SECTION 1, page 4, beginning on line 1, by deleting

the first full paragraph in its entirety and inserting:

/ The remaining ten trustees must be elected by the board of trustees from a list of nominees submitted by an ad hoc committee named by the chairman and composed of the members serving as elected trustees. The original elected trustees must be the same members serving as elected trustees on the ~~authority's predecessor organization~~ board on January 1, ~~1983~~ 2005~~, for the terms specified by the bylaws of the authority's predecessor~~. Each of the Congressional Districts of South Carolina shall have at least one of the ten trustees. /

Amend the bill further, by adding an appropriately numbered SECTION to read:

/ SECTION __. Paragraph 72.107 of Part IB of an Act of 2005 bearing the ratification number R.73 is deleted. /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

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

THIRD READING BILLS

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

S. 889 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO REPEAL OF DUPLICATIVE REGULATIONS INCLUDED IN THE NURSE PRACTICE ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 890 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING TATTOO FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2945, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 891 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR SEDATION AND GENERAL ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2961, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILLS

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

H. 3400 (Word version) -- Rep. Anthony: A BILL TO ABOLISH THE LOCKHART SCHOOL DISTRICT HEALTH COMMISSION IN UNION COUNTY AND TO REPEAL ACT 1171 OF 1948 ESTABLISHING THIS HEALTH COMMISSION.

H. 3400--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, H. 3400 was ordered to receive a third reading on Wednesday, January 1, 2005.

H. 3325 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-4-1115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT BETWEEN AN IMPORTER AND A FOREIGN BREWER, SO AS TO CLARIFY THAT A FOREIGN BREWER INCLUDES ITS SUCCESSOR OR ASSIGNEE.

H. 3730 (Word version) -- Reps. Lucas, Cotty, Sinclair, Loftis and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-560 SO AS TO PROVIDE THAT UPON AN OWNER OF A MANUFACTURED HOME MEETING ALL REQUIREMENTS FOR RETIRING THE TITLE CERTIFICATE ON HIS MANUFACTURED HOME AND HAVING THE MANUFACTURED HOME AND THE REAL PROPERTY TO WHICH IT IS AFFIXED CLASSIFIED AS REAL PROPERTY, THE REGISTER OF DEEDS OR CLERK OF COURT IN THE COUNTY WHERE IT IS LOCATED MUST TREAT THIS PROPERTY FOR ALL PURPOSES AS REAL PROPERTY AND MAY NOT IN ANY PARTICULARS STILL TREAT THE MANUFACTURED HOME AS PERSONAL PROPERTY.

AMENDED, READ THE SECOND TIME

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

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

Senator ALEXANDER proposed the following amendment (3107R006.TCA), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER 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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 592 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE COLLEGE, UNIVERSITY OR TECHNICAL COLLEGE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT A CHILD OF CERTAIN ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED SERVICES ALSO QUALIFY FOR FREE TUITION.

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

The Committee on Education proposed the following amendment (GJK\20560SD05), which was adopted:

Amend the bill, as and if amended, in Section 59-111-20 of the 1976 Code, as contained in SECTION 1, by inserting after /Code/ on line 18, page 2, /or a period of conflict where the President of the United States has been authorized to use the armed forces of the United States to defend the national security of the United States /

Amend the bill further, as and if amended, in Section 59-111-20 by inserting after /or/on line 24, page 2, in subsection (C) / a child of an /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the committee amendment.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
AMENDED, READ THE SECOND TIME

H. 3198 (Word version) -- Reps. Harrison, Wilkins, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2005" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.

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

The Committee on Finance proposed the following amendment (DKA\3463DW05), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 13, by deleting Section 5-21-920(A)(4), as contained in SECTION 1, and inserting:

/ (4) The State Treasurer or his designee; /

Amend further, page 2, beginning on line 39, by deleting Section 5-21-920(F), as contained in SECTION 1, and inserting:

/ (F) For administrative purposes, the commission shall report to the State Budget and Control Board. /

Amend further, Section 5-21-930(A), as contained in SECTION 1, page 3, beginning on line 6, by deleting / Executive Director of the State Budget and Control Board / and inserting / State Treasurer, /.

When amended Section 5-21-930(A) reads:

/ The Governor, the Comptroller General, the State Auditor, the State Treasurer, or their designees shall constitute the executive committee of the commission. The executive committee is vested with all the powers of the commission when it is not in session, except the executive committee may not overrule, reverse, or disregard any action of the full commission. Action of the executive committee must be taken by resolution adopted by a majority of those present and voting. Any three members of the executive committee constitute a quorum. The chairman may call meetings of the executive committee at any time. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

Senator HAYES proposed the following amendment (DKA\ 3470DW05), which was adopted:

Amend the bill, as and if amended, beginning on page 3 and line 40, by deleting Section 5-21-950 in its entirety, as contained in SECTION 1, and inserting:

/ Section 5-21-950. Reserved. /

Amend further, beginning on page 6 and line 32, by deleting Section 6-1-50 in its entirety, as contained in SECTION 2, and inserting:

/ "Section 6-1-50. Counties and municipalities receiving revenues from state aid, currently known as Aid to Subdivisions, shall submit annually to the ~~Comptroller General~~ Budget and Control Board, Office of Research and Statistics a financial report detailing their sources of revenue, expenditures by category, indebtedness, and other information as the ~~Comptroller General requires~~ Budget and Control Board, Office of Research and Statistics requires. ~~The federal revenue sharing document may be substituted for the financial report as long as it is required by the Federal Office of Revenue Sharing. The Comptroller General, in conjunction with~~ The Budget and Control Board, ~~Division~~ Office of Research and ~~Statistical Services,~~ Statistics shall determine the required ~~contents~~ content and format of the report and the due date of submission, and shall notify the Comptroller General if an entity fails to submit the report. Failure to submit the report shall result in the withholding of ten percent of subsequent payment of ~~the current year's~~ state aid to the entity until the report is filed. The Budget and Control Board, ~~Division~~ Office of Research and ~~Statistical Services,~~ Statistics is responsible for collecting, maintaining, and compiling the ~~existing~~ financial data ~~bases as exists with the Federal Office of Revenue Sharing~~. In conjunction with the Comptroller General, Advisory Commission on Intergovernmental Relations, and the University of South Carolina Bureau of Governmental Research and Service, the Division of Research and Statistical Services of the Budget and Control Board shall produce a comprehensive report of this data and submit it to the General Assembly no later than June first of each year provided by counties and municipalities in the annual financial report required by this section." /

Renumber sections to conform.

Amend title to conform.

Senator HAYES 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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3250 (Word version) -- Reps. White, Weeks, Hamilton, Leach, Walker, Davenport, Mahaffey, Young and Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.

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

The Committee on Medical Affairs proposed the following amendment (3250R001.HSP), which was adopted:

Amend the bill, as and if amended, /Section 37-25-40, page 2. line 23 by deleting /contact lens/ and after /prescription/ by inserting /for a contact lens without power sold for any reason/.

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.

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

AMENDED, READ THE SECOND TIME

H. 3778 (Word version) -- Reps. Harrison, Wilkins, Cato, W.D. Smith, Merrill, Jennings, J.E. Smith and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-38-15 SO AS TO PROVIDE IN AN ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY, WRONGFUL DEATH, DAMAGE TO PROPERTY, OR TO RECOVER DAMAGES FOR ECONOMIC LOSS OR NONECONOMIC LOSS, JOINT AND SEVERAL LIABILITY DOES NOT APPLY TO A DEFENDANT WHO IS LESS THAN FIFTY PERCENT AT FAULT; TO PROVIDE FOR APPORTIONMENT OF PERCENTAGES OF FAULT AMONG DEFENDANTS; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A DEFENDANT WHOSE CONDUCT IS WILFUL, WANTON, RECKLESS, GROSSLY NEGLIGENT, INTENTIONAL, OR CONDUCT INVOLVING THE USE, SALE, OR POSSESSION OF ALCOHOL OR ILLEGAL OR ILLICIT DRUGS.

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

Senator McCONNELL proposed the following amendment (JUD3778.005), which was adopted:

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

/ SECTION 1. Section 15-32-220(E), as added by Act 32 of 2005, is further amended to read:

"(E) The limitations for noneconomic damages rendered against any health care provider or health care institution do not apply if the jury or court determines that the defendant was grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant."

SECTION 2. (A) Section 38-79-155, as added by Act 32 of 2005, is redesignated as Section 38-75-775.

(B) Section 38-79-155, redesignated as Section 38-75-775, is further amended to read:

"Section 38-75-775. (A) All ~~medical malpractice~~ property and casualty insurance carriers issuing medical malpractice policies of insurance within South Carolina for licensed health care providers, as defined in Section 38-79-410, shall provide and maintain coverage to all qualified applicants who timely remit payments for the coverage period and who meet and comply with the provisions of Chapter 75 of Title 38, all underwriting criteria of the policy at the time of issuance and renewal and with all other applicable ~~federal and state~~ statutes and regulations. Nothing in this section shall be construed to constitute a mandate to write medical malpractice insurance coverage.

~~(B)~~ Such policies shall be written on either a 'claims-made' or 'occurrence' basis in compliance with the standard set by the Board of Directors of the Joint Underwriters Association pursuant to Section 38-79-190.

~~(C)~~(B) The provisions of this section apply only to policies written on or after January 1, 2006."

SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 4. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 5. (A) Section 1 takes effect July 1, 2005, and shall only apply to causes of action arising after that date; and

(B) Section 2 takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

AMENDED, READ THE SECOND TIME

H. 3799 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM AND PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS.

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

Senator LEATHERMAN proposed the following amendment (3799R001.HKL), which was adopted:

Amend the Resolution, as and if amended, page 1 by adding an appropriately numbered SECTION:

/ SECTION ___. It is mandated by the General Assembly that the SCEIS shall be implemented for all agencies, with the exception of lump-sum agencies, the General Assembly or its respective branches or its committees, Legislative Council, and the Office of Legislative Printing and Information Technology Resources. The South Carolina Enterprise Information System Oversight Committee, as appointed by the Comptroller General, shall provide oversight for the implementation and continued operations of the system. The Budget & Control Board is authorized to use any available existing technology resources to assist with funding of the initial implementation of the system. It is further the intent of the General Assembly to fund the central government costs related to the implementation of the system. Agencies are required to implement SCEIS at a cost and in accordance with a schedule developed and approved by the SCEIS Oversight Committee. Full implementation must be completed within five years. An agency's implementation cost shall be borne by that agency through existing appropriations, grants, and/or the State Treasurer's Master Lease Program and shall be for the implementation of the "back office" administrative functions that are common to all agencies in the areas of purchasing, finance, human resources, payroll, and budgeting. Any issues arising with regard to project scope, implementation schedule, and associated costs shall be directed to the SCEIS Oversight Committee for resolution. In cooperation with the Comptroller General and the Budget and Control Board's Division of the State CIO, the South Carolina Enterprise Information System Oversight Committee is required to report by January 31 of the fiscal year to the Governor, Chairman of the Senate Finance Committee, and the Chairman of the House Ways & Means Committee the status of the system's implementation and on-going operations. /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE SECOND TIME

S. 810 (Word version) -- Senators Martin, J. Verne Smith, Leventis, Hawkins, Fair, Anderson and Ryberg: A BILL TO AMEND SECTION 47-3-750 OF THE 1976 CODE, RELATING TO THE SEIZURE AND IMPOUNDMENT OF A DANGEROUS ANIMAL, TO PROVIDE THAT ANY DANGEROUS ANIMAL THAT ATTACKS A HUMAN BEING OR DOMESTIC ANIMAL MUST BE SEIZED AND IMPOUNDED WHILE ANY PROCEEDING PURSUANT TO THIS ARTICLE IS PENDING.

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

Senators SHEHEEN and HUTTO proposed the following amendment (810R004.VAS), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting:

/ SECTION 1. Section 47-3-750 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:

"( ) If a law enforcement agent, animal control officer, or animal control officer under contract with a county or municipal government to provide animal control services has probable cause to believe that a dangerous animal has made an unprovoked attack on a human being or domestic animal and caused serious bodily injury, the agent or officer must seize and impound the dangerous animal. While any trial for a violation of this article or any civil action related to the attack is pending, the owner of the seized animal may petition the appropriate summary court for the release of the animal. The petition may not be filed until at least ten days following the seizure of the animal and no criminal or civil action has been initiated. The petition and notice of any hearing on the petition must be served on the county or municipality that seized the animal and the victim or the victim's representative. If the county or municipality responsible for the seizure determines that the seized animal was improperly identified or seized, the animal must immediately be released to the owner."/

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN 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.

ADOPTED

S. 899 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE RECENTLY COMPLETED INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAYS 52 AND 78 IN THE CITY OF NORTH CHARLESTON "THE ANTLERS INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE THAT CONTAIN THE WORDS "THE ANTLERS INTERCHANGE".

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

CARRIED OVER

S. 499 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

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

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.

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

H. 3813 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTIONS 25-1-3235 AND 25-1-3240, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD PENSION FUND AND ELIGIBILITY FOR THE NATIONAL GUARD PENSION AND THE ADMINISTRATION OF PENSIONS FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO ESTABLISH THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE NATIONAL GUARD PENSION FUND AND PROVIDE FOR THE INVESTMENT OF ITS FUNDS AS THE FUNDS OF OTHER STATE RETIREMENT FUNDS ARE INVESTED, PROVIDE FOR THE ADMINISTRATION OF THOSE PENSIONS BY THE RETIREMENT SYSTEM OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE FOR THE EXPENSES OF ADMINISTRATION TO BE PAID FROM EARNINGS.

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

AMENDMENT PROPOSED, CARRIED OVER

H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR DISSEMINATION OF AUDIT REPORTS, INDEPENDENCE AND OBJECTIVITY OF THE AUDIT FUNCTION, AND THE USE OF A CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT A PORTION OF THE AUDIT OF THE STATE'S COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE COST OF WHICH IS SHARED EQUITABLY AMONG STATE AGENCIES; TO AMEND SECTIONS 1-11-20, RELATING TO DIVISIONS OF THE BUDGET AND CONTROL BOARD; 2-7-62 AND 2-7-69, BOTH RELATING TO REPORTS MADE IN CONNECTION WITH THE CONSIDERATION OF THE GENERAL APPROPRIATION ACT; 8-11-135, AS AMENDED, RELATING TO PAYMENT OF MOVING EXPENSES OF NEW STATE EMPLOYEES; 10-1-140, AS AMENDED, AND 10-3-30, BOTH RELATING TO PUBLIC BUILDINGS AND PROPERTY; 11-9-110 AND 11-9-125, AS AMENDED, BOTH RELATING TO USE OF CONTRIBUTED FUNDS; 11-11-420, RELATING TO CERTIFICATION OF COMPLIANCE WITH STATE PERMANENT EMPLOYEES LIMITATION; 11-35-40, AS AMENDED, RELATING TO THE STATE CONSOLIDATED PROCUREMENT CODE; 11-39-50, RELATING TO OIL OVERCHARGE FUNDS; 11-49-100, RELATING TO REPORTING BY THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY; 12-28-2725, AS AMENDED, RELATING TO THE AUDIT OF THE STATE'S REGIONAL TRANSIT AUTHORITIES; 20-7-5020 AND 20-7-9710, AS AMENDED, BOTH RELATING TO THE BOARDS OF TRUSTEES OF THE CHILDREN'S TRUST FUND AND FIRST STEPS TO SCHOOL READINESS, RESPECTIVELY; 23-47-50, AS AMENDED, AND 23-47-65, AS AMENDED, BOTH RELATING TO THE EMERGENCY TELEPHONE SYSTEM; 25-21-20, AS AMENDED, RELATING TO THE VETERANS' TRUST FUND; 38-79-470, RELATING TO THE MEDICAL MALPRACTICE FUND; 43-33-320, RELATING TO THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.; 44-96-165, RELATING TO SOLID WASTE TRUST FUNDS; 46-17-380, RELATING TO THE AGRICULTURAL COMMODITIES MARKETING BOARD; 48-5-160, AS AMENDED, RELATING TO THE WATER QUALITY REVOLVING FUND AUTHORITY; 49-6-20, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT TRUST FUND; 50-3-760, 50-3-950, AND 50-11-20, AS AMENDED, ALL RELATING TO FUNDS ESTABLISHED IN THE DEPARTMENT OF NATURAL RESOURCES; 52-5-110, RELATING TO THE SPRINGDALE FUND; 56-10-660, RELATING TO THE DISCLOSURE OF MOTOR VEHICLE INSURANCE DATABASE INFORMATION; 59-2-100, RELATING TO THE SOUTH CAROLINA INVESTMENT PROGRAM; 59-4-70, RELATING TO THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; 59-109-170, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY; AND 59-150-90 AND 59-150-320, BOTH RELATING TO THE EDUCATION LOTTERY COMMISSION, ALL SO AS TO CONFORM THOSE SECTIONS TO, AND OTHERWISE TO REFLECT THE CHANGES TO, THE STATE AUDITOR'S DUTIES AS DESCRIBED IN CHAPTER 7 OF TITLE 11; AND TO REPEAL SECTION 1-7-408, RELATING TO THE REPORTING OF EXPENDITURES BY A COUNTY SOLICITOR, AND SECTION 51-22-40, RELATING TO AN AUDIT OF THE LEGACY TRUST FUND.

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

There was no objection.

Senators PINCKNEY, FORD, GROOMS and CLEARY proposed the following amendment (3905-PINCKNEY):

Amend the bill, as and if amended, page 20, after line 30, by adding an appropriately numbered SECTION to read:

/ SECTION __. Section 12-36-2120 is amended by adding an appropriately numbered paragraph at the end to read:

"( ) Sweetgrass Baskets made by artists of South Carolina using locally grown sweetgrass." /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

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

AMENDED, AMENDMENT PROPOSED, CARRIED OVER

H. 3847 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR; TO AMEND SECTION 11-11-320, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED; BY ADDING SECTION 11-11-345 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2006, IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE; AND BY ADDING SECTION 11-11-350 SO AS TO PROVIDE THAT EACH STATE AGENCY, DEPARTMENT, INSTITUTION, OR ENTITY RECEIVING IN THE AGGREGATE THREE PERCENT OR MORE OF THE STATE'S GENERAL FUND APPROPRIATIONS FOR ANY FISCAL YEAR SHALL PROVIDE TO THE OFFICE OF STATE BUDGET AN ESTIMATE OF ITS PLANNED GENERAL FUND EXPENDITURES FOR THE NEXT THREE FISCAL YEARS, AND TO PROVIDE THAT THIS DATA, IN CONJUNCTION WITH THE BOARD OF ECONOMIC ADVISORS' LONG-TERM REVENUE ESTIMATE, SHALL BE COMPILED BY THE OFFICE OF STATE BUDGET INTO A THREE-YEAR FINANCIAL PLAN THAT WILL ASSIST THE STATE IN DETERMINING AND PLANNING FOR ITS LONG-TERM FINANCIAL COMMITMENTS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment.

Senator LEATHERMAN proposed the following amendment (BBM\10955MM05), which was adopted:

Amend the bill, as and if amended, Section 11-11-30, as found in SECTION 5, page 3, lines 36-43, and page 4, lines 1-8, by deleting the SECTION in its entirety and inserting:

/ SECTION 5. Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-350. Each state agency, department, institution, or entity receiving in the aggregate one percent or more of the state's general fund appropriations for any fiscal year shall provide to the Office of State Budget an estimate of its planned general fund expenditures for the next three fiscal years. This data, in conjunction with the Board of Economic Advisors' long-term revenue estimate, must be compiled by the Office of State Budget into a three-year financial plan that will assist the State in determining and planning for its long-term financial commitments. The plan must be updated annually and prepared for submission to the State Budget and Control Board, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate during the second quarter of each fiscal year." /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Senator LEATHERMAN proposed the following amendment (3847R002.HKL), which was adopted:

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

/ SECTION ___. A. Section 12-36-3120(61) of the 1976 Code is amended to read:

"(61) copies of or access to legislation or other informational documents provided to the general public or any other person by a legislative agency when a charge for these copies is made reflecting the agency's cost of the copies. Funds received as revenue from the sale of materials or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted to the State Treasurer as collected, but in no event later than twelve (12) working days from the date of the receipt of any such funds."

B. This section takes effect upon approval of the Governor and applies to all funds collected on or after July 1, 2003. /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Senators CAMPSEN and GROOMS proposed the following amendment (BBM\10964MM05):

Amend the bill, as amended by Senate Finance Committee Report (3847.R001.HKL) adopted 5/26/05, as and if amended, by inserting an appropriately numbered SECTION immediately after the enacting words at line 23:

/ SECTION . Section 11-11-320(D)(1) of the 1976 Code, as last amended by Act 385 of 1988, is further amended to read:
F "(D)(1) Any appropriation of monies from the Capital Reserve Fund as provided in subsection (C) of this section must be ranked in priority of expenditure and is effective ~~thirty days after completion of the fiscal year~~ on September first of the following fiscal year. If it is determined that the fiscal year has ended with an operating deficit, then the monies appropriated from the Capital Reserve Fund must be reduced by the State Budget and Control Board based on the rank of priority, beginning with the lowest priority, to the extent necessary and applied by the board to the year-end operating deficit before withdrawing monies from the General Reserve Fund." /

Amend the bill further, by adding an appropriately numbered SECTION at the end to read:

/ SECTION . A. The first ten percent of any surplus General Fund Revenues must be placed in the General Reserve Fund and the next twenty percent of any surplus must be applied first to the General Reserve Fund deficit, if any, and then to fully restore all funds previously transferred and appropriated from any earmarked or restricted accounts classified as trust funds in the Statewide Accounting and Reporting System (STARS). The trust accounts and subfunds that are the subject of this SECTION are included among those identified in (a) Part 1B, Section 72.109 of the 2001-02 Appropriations Act; (b) Part 1B, Sections 72.96, 72.97, and 72.98 of the 2002-03 Appropriations Act; (c) Part 1B, Section 73.2 of the 2003-04 Appropriations Act; and (d) Part 1B, Sections 73.8 and 73.12 of the 2004-05 Appropriations Act. From among the accounts and subfunds identified within these Appropriations Act sections, the Waste Tire Grant Trust Fund, the Solid Waste Management Trust Fund, and the Recreation Land Trust Fund must be designated for fund restoration in the same manner as those designated as trust accounts pursuant to STARS. The Office of State Budget shall certify each fiscal year the accounts and subfunds that must be replenished and the amount that must be restored to each of the designated accounts and subfunds. All of the funds previously transferred out of these trust accounts beginning in fiscal year 2001-02 shall be restored to each trust account on a pro rata basis.

B. This SECTION takes effect July 1, 2006, and applies to any surplus general fund revenues reported by the Comptroller General beginning in fiscal year 2006-2007 and thereafter. /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

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

OBJECTION

Senator RANKIN asked unanimous consent to take the Joint Resolution up for immediate consideration.

Senator SETZLER objected.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G.R. Smith, J.R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J.E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E.H. Pitts, Scarborough, Sinclair, D.C. Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R. Brown: A BILL TO AMEND SECTION 12-28-1555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, ALL FEES COLLECTED PURSUANT TO THE PROVISIONS CONTAINED IN THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEE, SO AS TO PROVIDE THAT THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND INSTEAD OF BEING TURNED OVER TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNERS PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNERS PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER'S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-2090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND OVER A FIVE-YEAR PERIOD; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NON-FEDERAL AID HIGHWAY FUND; TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE "STATE HIGHWAY FUND" OR THE "STATE NON-FEDERAL AID HIGHWAY FUND"; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION'S COST OF ADMINISTRATION.

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

There was no objection.

Senator McCONNELL asked unanimous consent to make a motion that a further amendment be taken up for immediate consideration on third reading.

There was no objection.

Senators McCONNELL and RYBERG proposed the following amendment (3296R006.WGR), which was adopted:

Amend the bill, as and if amended, page 11, line 13 by inserting an appropriately numbered SECTION:

/ SECTION ___. Chapter 5, Title 57 of the 1976 Code is amended by adding:

"Section 57-5-1625. (A) The department may award highway construction contracts using a design-build procedure. A design-build contract means an agreement that provides for the design, right-of-way acquisition, and construction of a project by a single entity. The design-build contract may also provide for the maintenance, operation, or financing of the project. The agreement may be in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the department.

(B) Selection criteria shall include the cost of the project and may include contractor qualifications, time of completion, innovation, design and construction quality, design innovation, or other technical or quality related criteria." /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

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

RECALLED AND ADOPTED

H. 4036 (Word version) -- Reps. Kennedy and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS ALONG UNITED STATES HIGHWAY 52 IN WILLIAMSBURG COUNTY THAT CROSSES CSX'S RAILROAD TRACKS THE "HIENAMAN MEMORIAL OVERPASS" AND TO ERECT APPROPRIATE SIGNS AND MARKERS AT THIS OVERPASS THAT CONTAIN THE WORDS "HIENAMAN MEMORIAL OVERPASS".

Senator RYBERG made a motion to recall the Resolution from the Committee on Transportation.

The Resolution was recalled from the Committee on Transportation.

On motion of Senator RYBERG, with unanimous consent, the Resolution was taken up for immediate consideration.

On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House of Representatives.

RECALLED AND COMMITTED

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.

Senator THOMAS made a motion to recall the Bill from the Committee on Transportation.

The Bill was recalled from the Committee on Transportation.

On motion of Senator THOMAS, with unanimous consent, the Bill was committed to the Committee on Banking and Insurance.

MOTION ADOPTED

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:30 A.M.

MOTION ADOPTED

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

RECESS

At 1:43 P.M., on motion of Senator McCONNELL, the Senate receded from business until 3:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 3:13 P.M. and was called to order by the PRESIDENT.

Point of Quorum

At 3:19 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Fair
Ford                      Grooms                    Hawkins
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Patterson                 Peeler
Reese                     Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Thomas
Verdin                    Williams

A quorum being present, the Senate resumed.

Motion Adopted

At 3:30 P.M., on motion of Senator MARTIN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

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

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander, Fair and Knotts: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.
The House returned the Bill with amendments.

Senator HUTTO proposed the following amendment (JUD0016.006), which was adopted:

Amend the bill, as and if amended, pages 10-15, by striking Section 44-53-375(A) as contained in SECTION 5 in its entirety and inserting:

/ SECTION 5. Section 44-53-375 of the 1976 Code is amended to read:

"Section 44-53-375. (A) A person possessing or attempting to possess less than one gram of ~~ice, crank, or crack cocaine~~ methamphetamine or cocaine base, as defined in Section 44-53-110, is guilty of a ~~felony~~ misdemeanor and, upon conviction for a first offense, must be imprisoned not more than ~~five~~ three years ~~and~~ or fined not ~~less~~ more than five thousand dollars, or both. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ~~ten~~ five years ~~and~~ or fined not ~~less~~ more than ~~ten thousand~~ seven thousand five hundred dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not ~~less~~ more than ~~ten years nor more than fifteen~~ ten years ~~and~~ or fined not ~~less~~ more than ~~fifteen thousand~~ twelve thousand five hundred dollars, or both. /

Amend the bill further, as and if amended, by striking SECTION 7 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

HOUSE AMENDMENTS AMENDED, CARRIED OVER

S. 384 (Word version) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.
The House returned the Bill with amendments.

Senator HUTTO proposed the following amendment (SWB\ 6591CM05), which was adopted:

Amend the bill, as and if amended, Section 16-17-500(E)(2) as contained in SECTION 2, page 3, by deleting Section 16-17-500(E)(2) on lines 18 through 24.

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

CONCURRENCE

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.

The House returned the Resolution with amendments.

Senator McCONNELL moved to concur in the House amendments.

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

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campsen                   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
Smith, J. Verne           Thomas                    Verdin
Williams

Total--46

NAYS

Total--0

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.

Sense of the Senate Motion Adopted

Senators McCONNELL and LEVENTIS moved that it be the Sense of the Senate that the Senate would not consider any Reports of Conference or Free Conference offered after 5:00 P.M. on Thursday, June 2, 2005, and instructed its conferees not to meet on any legislation pending in Committees of Conference after 5:00 P.M., Thursday, June 2, 2005, until after June 15, 2005.

The Sense of the Senate motion was adopted.

CONCURRENCE

S. 610 (Word version) -- Senators Fair, Campsen, O'Dell, Scott, Bryant, Cleary, Rankin, Williams, Thomas, Hayes and Cromer: A BILL TO AMEND SECTION 23-6-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CERTIFICATES THAT INDICATE THAT A PERSON HAS COMPLETED SUCCESSFULLY CERTAIN LAW ENFORCEMENT TRAINING, SO AS TO DELETE THE PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS CLASS II-SCO (DEPARTMENT OF CORRECTIONS) IN ANY COUNTY WITH A PRISON SYSTEM THAT BORDERS ANOTHER STATE TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES, AND TO REPLACE IT WITH A PROVISION THAT ALLOWS CANDIDATES FOR CERTIFICATION AS STATE OR LOCAL CORRECTIONAL OFFICERS TO HOLD A DRIVER'S LICENSE ISSUED BY ANY JURISDICTION OF THE UNITED STATES.

The House returned the Bill with amendments.

On motion of Senator FAIR, 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.

NONCONCURRENCE

S. 305 (Word version) -- Senators Peeler, J. Verne Smith, Short, Alexander, Hayes, Moore, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND EFFICIENT MEDICAID CARE MANAGEMENT, INCLUDING ADMINISTERING CARE MANAGEMENT PROGRAMS FOR ROUTINE CARE AND IMPLEMENTING CARE MANAGEMENT PROGRAMS FOR CHRONIC DISEASE CARE; TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; TO PROVIDE FOR EFFECTIVE MEDICAID STATE AGENCY SERVICE MANAGEMENT, INCLUDING PERIODIC MEETINGS OF DIRECTORS OF ALL STATE AGENCIES RECEIVING MEDICAID FUNDS FOR THE PURPOSE OF CONTROLLING THE GROWTH OF MEDICAID AND IMPROVING THE STATE MEDICAID PROGRAM AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON MEDICAID EXPENDITURES AND TO CONDUCT PERIODIC AUDITS AND REVIEWS OF STATE AGENCIES RECEIVING MEDICAID FUNDS; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO, AMONG OTHER THINGS, DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA, TO CENTRALIZE MEDICAID ELIGIBILITY PROCESSING, AND TO CONDUCT AUDITS OF ELIGIBILITY FILES; TO AMEND SECTION 44-6-80, RELATING TO REPORTS TO THE GENERAL ASSEMBLY, SO AS TO FURTHER SPECIFY THE CONTENTS AND REQUIREMENTS FOR THESE REPORTS; TO AMEND ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE FOR MEDICAID FRAUD AND ABUSE MANAGEMENT, INCLUDING PROVISIONS REQUIRING AUDITS, SANCTIONS, AND CONTRACTING WITH OTHER ENTITIES TO PREVENT MEDICAID FRAUD, ABUSE, AND WASTE; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO SUBMIT NAMES AND OTHER IDENTIFYING INFORMATION TO THE DEPARTMENT OF INSURANCE TO BE PROVIDED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE IN IDENTIFYING MEDICAID RECIPIENTS WHO HAVE OTHER HEALTH INSURANCE COVERAGE; TO ADD SECTION 44-6-112 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO FUND THE NET COSTS OF ANY THIRD PARTY LIABILITY AND DRUG REBATE COLLECTION EFFORTS FROM THE REVENUE COLLECTED IN THOSE EFFORTS; TO AMEND SECTION 43-3-65, RELATING TO COUNTIES PROVIDING OFFICE SPACE TO THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES TO PROVIDE SPACE FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELIGIBILITY PROCESSING; AND TO REPEAL JOINT RESOLUTION 370 OF 2002 RELATING TO NURSING HOME BED FRANCHISE FEES.

The House returned the Bill with amendments.

On motion of Senator PEELER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Davenport, Rice and Kennedy to the Committee of Conference on the part of the House on:

Received as information.

S. 305--CONFERENCE COMMITTEE APPOINTED

Whereupon, Senators J. VERNE SMITH, SHORT and RITCHIE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

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

H. 3412 (Word version) -- Reps. Harrison, Bales, Cotty, Brady, Whipper, Vaughn, Branham, Toole, Taylor, D.C. Smith and Bailey: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSIONS TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT IF A PATIENT DOES NOT REQUIRE INVOLUNTARY TREATMENT, THE COURT, UPON PROPER NOTICE, SHALL DISMISS THE PETITION FOR COMMITMENT; TO AMEND SECTION 44-17-430, RELATING TO TAKING PERSONS WHO ARE BELIEVED TO BE A DANGER TO THEMSELVES OR OTHERS INTO CUSTODY, SO AS TO PROVIDE THAT AN ORDER AUTHORIZING SUCH CUSTODY IS VALID ONLY FOR SEVENTY-TWO HOURS; TO ADD SECTION 44-13-05 SO AS TO ESTABLISH PROCEDURES FOR A LAW ENFORCEMENT OFFICER TO TAKE A PERSON WHO THE OFFICER BELIEVES TO BE MENTALLY ILL INTO PROTECTIVE CUSTODY AND TO PROVIDE IMMUNITY FROM LIABILITY; TO AMEND SECTION 44-17-580, RELATING TO PROCEDURES FOR JUDICIAL COMMITMENT TO A MENTAL HEALTH FACILITY, SO AS TO CLARIFY THESE PROCEDURES AND TO AUTHORIZE THE COURT TO ORDER OUT-PATIENT TREATMENT FOLLOWING IN-PATIENT COMMITMENT; TO AMEND SECTION 44-24-150, RELATING TO THE AUTHORITY OF THE FAMILY COURT TO COMMIT CERTAIN CHILDREN FOR PSYCHIATRIC EVALUATION, SO AS TO PROVIDE THAT THE COURT MAY ORDER THAT SUCH AN EVALUATION BE CONDUCTED BY A COMMUNITY MENTAL HEALTH CENTER AND THAT IF AN IN-PATIENT EVALUATION IS RECOMMENDED, THE COURT MAY COMMIT THE CHILD TO A DESIGNATED HOSPITAL FOR UP TO FIFTEEN DAYS FOR SUCH AN EVALUATION; AND TO AMEND SECTION 44-52-50, RELATING TO PROCEDURES FOR EMERGENCY ADMISSIONS FOR ALCOHOL AND DRUG TREATMENT, SO AS TO CLARIFY THAT IF A COURT ISSUES AN ORDER TO TAKE A PERSON IN NEED OF SUCH TREATMENT INTO PROTECTIVE CUSTODY, THE ORDER IS VALID ONLY FOR SEVENTY-TWO HOURS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

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

H. 3768 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR SALES AND USE TAXES ON BEER AND WINE; BY ADDING SECTION 12-28-1400 SO AS TO REQUIRE THE REPORTING THE DEPARTMENT OF REVENUE REQUIRES BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; BY ADDING CHAPTER 55 TO TITLE 12, ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTIONS 12-6-40 AND 12-6-50, BOTH AS AMENDED, RELATING TO DEFINITIONS AND CONFORMITY PROVISIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE BY WHICH THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND CLARIFY THOSE PROVISIONS NOT ADOPTED; TO AMEND SECTIONS 12-6-1110 AND 12-6-1130, RELATING TO CALCULATIONS OF INCOME, SO AS TO PROVIDE FOR CALCULATIONS WITHOUT SOME OF THE DEDUCTIONS ALLOWED BY THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2220, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "NEW JOB"; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTION 12-8-520 RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS; TO AMEND SECTION 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTIONS AND OVER-THE-COUNTER MEDICINES AND MEDICAL SUPPLIES SOLD TO A FREE CLINIC; TO AMEND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTION 12-37-230, RELATING TO SERVICE CONTRACTS WITH NONPROFIT HOUSING CORPORATIONS, SO AS TO ALLOW A COUNTY OR MUNICIPALITY TO CHARGE REASONABLE FEES FOR SERVICES NOT TO EXCEED TAXES THAT WOULD OTHERWISE BE DUE ON THE PROPERTY; TO AMEND SECTION 12-44-50, AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO REVISE THE ELIGIBILITY TO USE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT; TO AMEND SECTIONS 12-54-42 AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, AND CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; TO AMEND SECTION 12-54-90, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION; TO AMEND SECTIONS 12-54-210 AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE THE NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST RESULTS IN A DECISION BECOMING FINAL AND TO PROVIDE, FURTHER, FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR; BY ADDING SECTION 33-14-420 SO AS TO FURTHER PROVIDE FOR CLAIMANTS AGAINST FUNDS OF A DISSOLVED CORPORATION; TO REPEAL SECTION 12-37-240, RELATING TO PAYMENTS IN LIEU OF TAXES BY EXEMPT NONPROFIT HOUSING CORPORATIONS AND SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

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

H. 3832 (Word version) -- Reps. J.E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J.M. Neal, Ott, Parks, Perry, Pinson, Rivers, D.C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: A BILL TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION, TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT PHYSICIANS IN PATIENT CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN IS THE DOCTOR IN CHARGE OF THE PATIENT'S CARE, THAT THE PATIENT'S ATTENDING PHYSICIAN MAY CHANGE, WHETHER ANY RESIDENT PHYSICIAN OR MEDICAL STUDENTS MAY BE PARTICIPATING IN THE PATIENT'S CARE, INCLUDING SURGERY, REQUIRING NURSES TO PLACE A CALL FOR OR TO ASSIST A PATIENT IN CALLING THEIR ATTENDING PHYSICIANS, REQUIRING HOSPITALS TO PROVIDE A MECHANISM THAT IS AVAILABLE AT ALL TIMES WHEREBY PATIENTS CAN RECEIVE ASSISTANCE FOR RESOLUTION OF URGENT PATIENT CARE CONCERNS, AND TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE A CIVIL CAUSE OF ACTION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

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

H. 3885 (Word version) -- Reps. Hagood, Scarborough, Limehouse, Anderson, Dantzler, Cotty, Brady, Taylor, Perry, R. Brown, Cobb-Hunter, Harrell and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE EITHER AN ADDITIONAL JOBS TAX CREDIT OR AN ADDITIONAL INVESTMENT TAX CREDIT FOR COMPANIES USING STATE PORTS AUTHORITY FACILITIES WHICH INCREASE THEIR BASE PORT CARGO VOLUME AT THESE FACILITIES BY A MINIMUM OF FIVE PERCENT OVER 2005 TOTALS AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT THESE TAX CREDITS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 31, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.109, H. 3870 by a vote of 6 to 1:

(R109, H3870 (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.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

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

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

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

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

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Bryant
Campsen                   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
Smith, J. Verne           Thomas                    Verdin
Williams

Total--46

NAYS

Total--0

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

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.

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

Senator LEVENTIS spoke on the Bill.

Point of Quorum

At 4:18 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

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

A quorum being present, the Senate resumed.

Motion Adopted

On motion of Senator MARTIN, with unanimous consent, Senators HUTTO, CAMPSEN and MARTIN were granted leave to attend a meeting of a Committee of Conference and be counted in any quorum calls.

Senator LEVENTIS resumed speaking on the Bill.

Motion Adopted

On motion of Senator HAYES, with unanimous consent, Senators LEATHERMAN, GROOMS and McGILL were granted leave to attend a meeting of a Committee of Conference and be counted in any quorum calls.

Senator LEVENTIS resumed speaking on the Bill.

With Senator LEVENTIS retaining the floor, on motion of Senator McCONNELL, with unanimous consent, debate was interrupted by Executive Session, followed by adjournment.

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:

STATEWIDE APPOINTMENTS
Confirmations

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

Initial Appointment, Director, State Accident Fund, with term to commence June 11, 2004, and to expire June 11, 2010

Harry B. Gregory, Jr., 2508 Windsor Drive, Columbia, S.C. 29204 VICE Irvin D. Parker

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

Initial Appointment, South Carolina State Board for Technical and Comprehensive Education, with term to commence July 1, 2004, and to expire July 1, 2010

At-Large:

Robert Barnett, Honeywell, Inc., 4401 St. Andrews Road, Columbia, S.C. 29210 VICE Cathy Novinger

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2003, and to expire April 1, 2008

At-Large:

Wayne Moseley, 6813 Back Bay Drive, Isle of Palms, S.C. 29451 VICE Mickey Lindler

Initial Appointment, John de la Howe School Board of Trustees, with term to commence April 1, 2003, and to expire April 1, 2008

At-Large:

Derrick L. Williams, Collins and Lacy, P. C., P. O. Box 12487, Columbia, S.C. 29211 VICE Alton Loftis

Initial Appointment, John de la Howe School Board of Trustees, with term to commence April 1, 2005, and to expire April 1, 2009

Governor:

Harriet S. Johnson, 236 Camille Avenue, Greenville, S.C. 29605 VICE Mel Weaver

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

Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 2005, and to expire May 19, 2009

2nd Congressional District:

Dr. Julianne S. Kleckley, Eye Associates of Cayce/West Columbia, 600 Knox Abbott Dr., Cayce, S.C. 29033

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Board of Real Estate Appraisers, with term to commence May 31, 2004, and to expire May 31, 2007

Appraiser - General:

Chris Cochran, Two Day Appraisal, P. O. Box 2427, Spartanburg, S.C. 29304 VICE Edward Hucks

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 2001, and to expire June 30, 2005

2nd Congressional District:

Frank Clark, P. O. Box 465, Irmo, S.C. 29341 VICE M. Stewart Mungo

Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2005, and to expire June 30, 2009

2nd Congressional District:

Frank Clark, P. O. Box 465, Irmo, S.C. 29341

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

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2005, and to expire June 30, 2009

5th Congressional District:

Glenn A. McCall, 1520 Worthington Crossing, Rock Hill, S.C. 29732 VICE L. Michael Blackmon

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2005, and to expire June 30, 2009

2nd Congressional District:

Hank Scott, Collum's Lumber Products, 106 Barnwell Rd., Allendale, S.C. 29810 VICE Carl Brazell

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

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2005, and to expire October 18, 2009

At-Large:

Margaret C. Pope, Haynsworth, Sinkler and Boyd, P. A., 1201 Main St., Suite 2200, Columbia, S.C. 29211 VICE Eleanor Kitzman

Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2005, and to expire June 30, 2009

5th Congressional District:

Samuel Cerezo, 1490 Shiver Pond Road, Camden, S.C. 29020 VICE Betty Davis

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2005, and to expire June 30, 2009

5th Congressional District:

Karen Walto, 29040 Snapper Point, Tega Cay, S.C. 29708 VICE Carroll Huffman

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2003, and to expire June 30, 2007

At-Large:

Margaret E. Mackinem, 232 Rose Creek Lane, Columbia, S.C. 29229 VICE Eugene Hunter

Reappointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2005, and to expire June 30, 2009

At-Large:

Norris Ashford, Cottman Transmission, 2428 Decker Blvd., Columbia, S.C. 29206

Reappointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2004, and to expire June 30, 2008

USC:

Dennis N. Lambries, Institute of Public Service and Policy Research, University of SC, Columbia, S.C. 29208

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 VICE J. Alan Bass

Statement by Senators HUTTO, LAND, RANKIN, MALLOY
HAYES, THOMAS, HAWKINS, SETZLER and
SHEHEEN

Under the provisions of Section 8-13-700, S. C. Code of Laws, we abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

MOTION ADOPTED

On motion of Senator PINCKNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Mildred Stevens Graves of Marion, S.C.

ADJOURNMENT

At 5:17 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 10:30 A.M.

* * *

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