Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words of Isaiah quoted in St. Matthew, Chapter 13:14:

"And in them the prophecy of Isaiah is fulfilled which says, 'Hearing you will hear and shall not understand'..."

Let us pray.

Father, we come to You not in our merit but in our need! We believe that many of our problems root in the fact that we need to hear and understand each other better than we do.

Instill, dear Lord, within us the high discipline of hearing with understanding.

Help us to hear the voice of conscience instructing our judgments!

Help us hear Your own "still small voice" of Your transcendent wisdom - and hearing, seek mightily - to do Your will this day!
Amen!

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

The following appointment was transmitted by the Honorable Mark C. Sanford:

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

Referred to the Committee on Judiciary.

The following was received:

Document No. 2929
Agency: Department of Health and Environmental Control
SUBJECT: Statement of Policy, Specific Project Standards of Tidelands and Coastal Waters - Marinas
Received by Lieutenant Governor January 11, 2005
Referred to Fish, Game and Forestry Committee
Revised Legislative Review Expiration May 31, 2005
Senate referred to Committee on Fish, Game, and Forestry
120 Day Period Tolled
Withdrawn and Resubmitted May 11, 2005

Senator McCONNELL introduced Dr. James E. Craigie of Charleston, S.C., Doctor of the Day.

On motion of Senator ANDERSON, at 11:05 A.M., Senator REESE was granted a leave of absence for today.

H. 3539 (Word version) -- Reps. Wilkins, Harrison, Harrell, G.M. Smith, Young, Simrill, Cobb-Hunter, Altman, Sinclair, Talley, J.E. Smith, Coleman, Agnew, Whipper, Emory, Hagood, G.R. Smith, Hamilton, Tripp, Loftis and Vaughn: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND

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

There was no objection.

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

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

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

There was no objection.

The Resolution was recalled from the Committee.

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

There was no objection.

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

The following were introduced:

S. 838 (Word version) -- Senators McConnell, Thomas and Courson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 7A SO AS TO PROVIDE THAT THE MAXIMUM AMOUNT OF ANY AD VALOREM TAX ON REAL PROPERTY SHALL NOT EXCEED ONE PERCENT OF THE APPRAISED VALUE OF THE PROPERTY ACCORDING TO THE RECORDS OF THE COUNTY ASSESSOR AS OF DECEMBER 31, 2006, TO PROVIDE THAT THE VALUE OF THE PROPERTY SHALL BE

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

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

S. 840 (Word version) -- Senator Thomas: A BILL TO PROVIDE THAT FOR THE UPCOMING REASSESSMENT YEAR UPON THE INCREASE IN THE VALUE OF THE MILL, THE GREENVILLE COUNTY SCHOOL SYSTEM SHALL ROLL BACK THE MILLAGE FOR THE ADDED AMOUNT OF NEW TAXES THAT COME IN FROM THE REASSESSMENT.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 841 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE PRACTICE OF SELLING AND FITTING HEARING AIDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2927, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 842 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO RECOGNIZE SPRINGFIELD PLACE RETIREMENT COMMUNITY FOR ITS CONTRIBUTIONS TO NEWBERRY COUNTY AND TO ACKNOWLEDGE THE IMPORTANCE OF FACILTIES SUCH AS SPRINGFIELD PLACE TO THE CITIZENS OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 843 (Word version) -- Senator O'Dell: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE CHIQUOLA BAPTIST CHURCH ON THE OCCASION OF ITS 100TH ANNIVERSARY THIS YEAR, AND TO EXTEND BEST WISHES TO THE CHURCH AS IT CONTINUES TO SPREAD THE WORD OF GOD.
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The Senate Resolution was adopted.

S. 844 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT, FOR A PERIOD OF TWELVE MONTHS, THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS REVIEW AND MAY ISSUE A LICENSE TO AN APPLICANT WHO HAS PASSED THE REQUIRED EXAMINATIONS, REGARDLESS OF THE NUMBER OF TIMES TAKEN OR THE TIME FRAME, IF THE APPLICANT IS OTHERWISE QUALIFIED AND ESTABLISHES HIMSELF IN A RURAL PART OF THIS STATE.
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Read the first time and referred to the Committee on Medical Affairs.

S. 845 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MARY B. SMITH FOR HER LASTING COMMITMENT TO EDUCATION UPON HER RETIREMENT AS AN EDUCATOR AT GADSDEN ELEMENTARY SCHOOL ON TUESDAY, MAY 10, 2005, AND EXTEND TO HER BEST WISHES IN ALL OF HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 846 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO CONGRATULATE DR. JAMES I. ST. JOHN OF COLUMBIA UPON BEING NAMED PASTOR EMERITUS OF FOREST LAKE PRESBYTERIAN CHURCH AND TO COMMEND HIM FOR A LIFETIME OF DEDICATED AND FAITHFUL SERVICE AS A PASTOR TO THE CHURCHES HE HAS SERVED.
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The Senate Resolution was adopted.

H. 3344 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-27-55 SO AS TO ALLOW THE FORFEITURE OF PROPERTY, MONIES, NEGOTIABLE INSTRUMENTS, SECURITIES, AND OTHER THINGS OF VALUE WHEN A PERSON VIOLATES A PROVISION OF THE ANIMAL FIGHTING AND BAITING ACT, TO PROVIDE PROCEDURES FOR FORFEITURE, AND TO CREATE AN EXCEPTION FOR THE INNOCENT OWNER OF PROPERTY SUBJECT TO FORFEITURE; TO AMEND SECTION 16-27-60, RELATING TO ACTIVITIES THAT ARE NOT SUBJECT TO THE CRIMINAL PENALTIES OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO INCLUDE GAME FOWL UNDER THE PROVISIONS OF THE ACT BY DELETING ITS EXEMPTION; AND TO REPEAL SECTION 16-17-650 RELATING TO THE MISDEMEANOR OFFENSE OF COCKFIGHTING.

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

H. 3694 (Word version) -- Reps. Miller, Cotty, Anderson, Vaughn, Clark, Neilson, Altman, Battle, G. Brown, Davenport, Edge, Frye, Hagood, Hamilton, Rivers, Sinclair, D. C. Smith and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE, TO PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS

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

H. 3777 (Word version) -- Reps. Ceips, Loftis, Breeland, Scott, Whipper, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin, Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J. H. Neal, Perry, M. A. Pitts, Rivers, Scarborough, Simrill, Toole, Umphlett, Mahaffey and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.

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

H. 3796 (Word version) -- Reps. Cato, Huggins and Ballentine: A BILL TO AMEND CHAPTER 60, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, INCLUDING AMONG OTHER THINGS, REVISIONS OF THE CLASSROOM OR COURSE HOURS REQUIRED TO QUALIFY FOR THE DESIGNATED LEVELS OF APPRAISAL PERMITS, LICENSURE, AND CERTIFICATION.

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

H. 3923 (Word version) -- Reps. Limehouse, Altman, Harrell, Merrill, Scarborough, Hinson, Dantzler, Chellis, Hagood and Ceips: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PORTS AUTHORITY, BY ADDING ARTICLE 12 SO AS TO REQUIRE A FINGERPRINT-

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

H. 4044 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-32 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT WATERFOWL IN CALHOUN COUNTY ON CERTAIN PORTIONS OF LAKE MARION WITHIN TWO HUNDRED YARDS OF A RESIDENCE WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 4053 (Word version) -- Reps. Govan, Wilkins, Scott, Bingham, Rivers, Rutherford, J. E. Smith, Whipper, Miller, Clyburn, McLeod, Haskins, R. Brown, Kirsh, Moody-Lawrence, Merrill, Vick, Rhoad, Ott, Anthony, Agnew, Altman, Bailey, Bales, Battle, Branham, Breeland, J. Brown, Chellis, Emory, Funderburk, Hayes, J. Hines, Hinson, Hosey, Jefferson, Lee, McGee, J. M. Neal, Neilson, Pinson, Simrill, G. M. Smith, G. R. Smith, Taylor, Umphlett, Vaughn, Harrell and Leach: A JOINT RESOLUTION TO CREATE THE ERNEST F. "FRITZ" HOLLINGS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

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

H. 4069 (Word version) -- Reps. Bales, Ballentine, Brady, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS FOR THIRTY YEARS OF OUTSTANDING SERVICE TO THE CITIZENS OF OUR STATE.

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

H. 4074 (Word version) -- Reps. Bowers, R. Brown and McLeod: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM HARRY CONE, JR. OF COLLETON COUNTY FOR SIXTEEN YEARS OF SERVICE AS MAYOR OF WALTERBORO UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 4081 (Word version) -- Reps. Agnew and Pinson: A CONCURRENT RESOLUTION JOINING THE COMMUNITIES OF ABBEVILLE IN ABBEVILLE COUNTY AND HODGES IN GREENWOOD COUNTY IN WELCOMING HOME CLOSE TO ONE HUNDRED SOUTH CAROLINA ARMY NATIONAL GUARDSMEN OF THE 111TH SIGNAL BATTALION AFTER THEIR TOUR OF ACTIVE DUTY IN IRAQ, AND EXTENDING THE GRATITUDE OF THIS STATE TO THEM AND TO THEIR FAMILIES FOR THEIR SACRIFICES IN THE NAME OF FREEDOM.

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

H. 4082 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, 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. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT

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

H. 4087 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MS. MOZELLE J. SIMPKINS, OF JACKSON, SOUTH CAROLINA, ON APRIL 15, 2005, AND TO CONVEY DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

Senator ALEXANDER from the Committee on Invitations has polled the following invitation with a favorable report on:

Alexander                 Patterson                 McGill
Reese                     Knotts                    O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

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

S. 671 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3575 SO AS TO ALLOW A TAX CREDIT OF FIFTY PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO AN INDIVIDUAL POLICY FOR HEALTH INSURANCE COVERAGE, UP TO THREE THOUSAND DOLLARS FOR EACH TAXABLE YEAR FOR EACH COVERED INDIVIDUAL, AND TO PROHIBIT A DOUBLE BENEFIT.

Ordered for consideration tomorrow.

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

H. 3006 (Word version) -- Reps. Wilkins, Harrell, W.D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, G.R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill, Chalk, Duncan, Stewart, Talley, Harvin, J.E. Smith, Altman, Skelton, Mahaffey, Vick, Hagood, Martin, Neilson and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE COORDINATING COUNCIL OF THE DEPARTMENT OF COMMERCE HAS SOLE DISCRETION TO MAKE DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE PROCEDURES FOR CLAIMING THE CREDIT INCLUDING ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE THAT APPLICATIONS INCLUDE INFORMATION AS TO THE APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

H. 3240 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46 RELATING TO THE GRAIN DEALERS GUARANTY FUND IS REPEALED UPON CERTIFICATION BY THE COMMISSIONER OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE GUARANTY FUND FROM THE STATE INSURANCE RESERVE FUND HAVE BEEN PAID IN FULL.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

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,

Ordered for consideration tomorrow.

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

H. 3674 (Word version) -- Reps. Bingham and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-275 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY TO ISSUE

Ordered for consideration tomorrow.

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

H. 3695 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY-DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION OF DENTISTS AND DENTAL HYGIENISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3696 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY-DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2950, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3827 (Word version) -- Reps. Loftis, Edge, R. Brown, Frye, Sandifer, W.D. Smith, Vick, Witherspoon, Davenport, Perry, Mahaffey, Miller and Clemmons: A BILL TO AMEND SECTION 48-39-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERMIT OR DENY ALTERATION OR UTILIZATION WITHIN AREAS DESIGNATED AS CRITICAL AREAS, SO AS TO DELETE CERTAIN PROVISIONS REQUIRED TO BE STATED ON A SURVEY DELINEATING COASTAL WATERS OR TIDELANDS;

Ordered for consideration tomorrow.

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

H. 3932 (Word version) -- Reps. Harrell, Wilkins and Chellis: A BILL TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.

Ordered for consideration tomorrow.

S. 834 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE FRANK ADAMS OF GADSDEN FOR BEING NAMED SOUTH CAROLINA'S 2005 STATE HANDWRITING CHAMPION IN THE NATIONAL HANDWRITING CONTEST.

Returned with concurrence.

Received as information.

S. 835 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND AND HONOR DR. RONALD D. BARTON, SENIOR PASTOR OF SHADY OAK BAPTIST CHURCH IN GREENVILLE, FOR HIS FAITHFUL SERVICE AND OUTSTANDING CONTRIBUTIONS TO HIS CONGREGATION AND HIS COMMITMENT TO HIS FAMILY AND COMMUNITY AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FURTHER ENDEAVORS.

Returned with concurrence.

Received as information.

Columbia, S.C., May 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:

S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO IMPLEMENT THE TRANSITION FROM THE USE OF MINIBOTTLES TO LIQUOR BY THE DRINK RELATING TO THE TAXATION, DISTRIBUTION, LICENSING OF SALES, PERMITS TO SELL ALCOHOL, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE ACT, TO AMEND DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, AND

Received as information.

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

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

Senator MARTIN spoke on the report.

Senator KNOTTS spoke on the report.

On motion of Senator MARTIN, the Report of the Committee of Conference to S. 22 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:

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

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 Date [SEC 4/19/05 9:10 PM].)

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

/   SECTION   1.   Section 14-7-1610 of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:

"Section 14-7-1610.   (A)   It is the intent of the General Assembly to enhance the grand jury system and to improve the ability of the State to detect and eliminate criminal activity. The General Assembly recognizes the great importance of having the federal authorities available for certain investigations. The General Assembly finds that crimes involving narcotics, dangerous drugs, or controlled substances, as well as crimes involving obscenity, often transpire or have significance in more than one county of this State. When this occurs, these crimes are most effectively detected and investigated by a grand jury system with the authority to cross county lines.

(B)   The General Assembly finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and eliminate public corruption. Crimes involving public corruption transpire at times in a single county, but often transpire or have significance in more than one county of this State. The General Assembly believes that a state grand jury, possessing considerably broader investigative authority than individual county grand juries, should be available to investigate public corruption offenses in South Carolina.

(C)   The General Assembly finds it fundamentally necessary to improve the ability of the State to prevent, detect, investigate, and prosecute crimes that involve the depiction of children under the age of eighteen in sexual activity, and obscenity crimes that are directed toward or involve children under the age of eighteen. The serious and unacceptable threat that these crimes pose to children is self-evident and impacts the State as a whole even if the actual criminal act occurs only in one county of the State. An effective effort to eliminate these heinous crimes requires a coordinated effort, which is accomplished more effectively through the state grand jury system. The effective prevention, detection, investigation, and prosecution of these crimes may require the use and application of state obscenity statutes or common law offenses not specifically directed toward the prevention and punishment of obscenity crimes involving children. Because many of these crimes involve computers, statewide jurisdiction over these crimes is consistent with the jurisdiction of a state grand jury over offenses defined in the Computer Crime Act. The General Assembly concludes that a state grand jury must be available to employ its broad investigative powers in the investigation of child-related obscenity by enabling the state grand jury to investigate all obscenity offenses, regardless of their multi-county impact, or whether they transpire or have significance in more than one county of this State.

(D)   The General Assembly finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate crimes involving the election laws including, but not limited to, those named offenses as specified in Title 7, or common law crimes involving the election laws where not superseded, or a crime arising out of or in connection with the election laws, or attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws.

(E)   The General Assembly finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate knowing and willful crimes which result in actual and substantial harm to the environment. These crimes include knowing and willful offenses specified in Titles 13, 44, and 48, or any knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, are two million dollars or more, as certified by an independent environmental engineer who shall be contracted by the Department of Health and Environmental Control.

(1)   The General Assembly finds that the South Carolina Department of Health and Environmental Control possesses the expertise and knowledge to determine whether there has occurred an alleged environmental offense as defined in this article.

(2)   The General Assembly finds that, because of its expertise and knowledge, the Department of Health and Environmental Control must play a substantial role in the investigation of any such alleged environmental offense.

(3)   The General Assembly finds that, while the Department of Health and Environmental Control must not make prosecutorial decisions regarding such alleged environmental offense as defined in this article, the department must be integrally involved in the investigation of any such alleged environmental offense before and after the impaneling of a state grand jury pursuant to Section 14-7-1630.

(4)   The General Assembly finds that it is in the public interest to avoid duplicative and overlapping prosecutions to the extent that the Attorney General considers possible. Therefore, the Attorney General shall consult with and advise the Environmental Protection and Enforcement Coordinating Subcommittee and cooperate with other state and federal prosecutorial authorities having jurisdiction over

(F)   The General Assembly finds that related criminal activity often arises out of or in connection with crimes involving narcotics, dangerous drugs or controlled substances, obscenity, or public corruption, or environmental offenses and that the mechanism for detecting and investigating these related crimes must be improved.

(G)   Accordingly, the General Assembly concludes that a state grand jury should be allowed to investigate certain crimes related to narcotics, dangerous drugs, and obscenity and should also be allowed to investigate crimes involving public corruption, and election laws, and environmental offenses.

(H)   This section does not limit the authority of a county grand jury, solicitor, or other appropriate law enforcement personnel to investigate, indict, or prosecute offenses within the jurisdiction of the state grand jury."

SECTION   2.   Section 14-7-1630 of the 1976 Code, as last amended by Act 208 of 2004, is further amended to read:

"Section 14-7-1630.   (A)   The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1)   a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;

(2)   a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(3)   a crime involving the election laws including, but not limited to, those named offenses as specified in Title 7, or a common law crime involving the election laws if not superseded, or a crime arising out of

(4)   a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;

(5)   a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:

(a)   involves an act dangerous to human life that is a violation of the criminal laws of this State;

(b)   appears to be intended to:

(i)     intimidate or coerce a civilian population;

(ii)   influence the policy of a government by intimidation or coercion; or

(iii)   affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)   occurs primarily within the territorial jurisdiction of this State;

(6)   a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws; and

(7)   a crime involving obscenity including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity.; and

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

(B)   Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division consider it necessary and normal investigative or prosecutorial procedures are not adequate, the Attorney General may petition in writing to the chief administrative judge of the judicial circuit in which he seeks to impanel a state grand jury for an order impaneling a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition in all instances must specify that the public interest is served by the impanelment.

(C)   In all investigations of crimes specified in subsection (A)(8), except in matters where the Department of Health and Environmental Control or its officers or employees are the subjects of the investigation, the Commissioner of the Department of Health and Environmental Control must consult with and, after investigation, provide a formal written recommendation to the Attorney General and the Chief of the South Carolina Law Enforcement Division. The Attorney General and the Chief of the South Carolina Law Enforcement Division must consider the impaneling of a state grand jury necessary before the Attorney General presents a petition, which includes the commissioner's written recommendation, to the chief administrative judge pursuant to Section 14-7-1630(B).

(1)   In the case of evidence brought to the attention of the Attorney General, the Chief of the South Carolina Law Enforcement Division, or the Department of Health and Environmental Control by an employee or former employee of the alleged violating entity, there must also be separate, credible evidence of the violation in addition to the testimony or documents provided by the employee or former employee of the alleged violating entity.

(2)   Where an individual employee performs a criminal violation of the environmental laws that results in actual and substantial harm pursuant to subsection (A)(8) and which prompts an investigation authorized by this article, only the individual employee is subject to the investigation unless or until there is separate, credible evidence that the

(D)   The impaneling judge, after due consideration of the petition, may order the impanelment of a state grand jury in accordance with the petition for a term of twelve calendar months. Upon petition by the Attorney General, the then chief administrative judge of the judicial circuit in which a state grand jury was impaneled, by order, may extend the term of that state grand jury for a period of six months but the term of that state grand jury, including any extension thereof, shall not exceed two years.

(D)(E)   The chief administrative judge of the circuit wherein a state grand jury is sitting shall preside over that state grand jury during his tenure as chief administrative judge. The successor chief administrative judge shall assume all duties and responsibilities with regard to any state grand jury impaneled before his term, including, but not limited to, presiding over the state grand jury and ruling on petitions to extend its term. This judge is referred to in this article as the presiding judge.

(E)(F)   The presiding judge may discharge a state grand jury prior to the end of its original term or any extension thereof, upon a determination that its business has been completed or upon the request of the Attorney General.

(F)(G)   If, at any time within the original term of any state grand jury or any extension thereof, the presiding judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the presiding judge may limit the investigation so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (E)(F) shall not become effective less than ten days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the state grand jury, except as is otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal."

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

Amend title to conform.

/s/Sen. Larry Martin              /s/Rep. Doug Jennings
/s/Sen. Jake Knotts               /s/Rep. Jim Merrill

/s/Sen. Gerald Malloy             /s/Rep. G. Murrell Smith
On Part of the Senate              On Part of the House.

, and a message was sent to the House accordingly.

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

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3997 (Word version) -- Reps. McLeod and Duncan: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF NEWBERRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

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

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

On motion of   Senator RICHARDSON, with unanimous consent, a further amendment on third reading was taken up for immediate consideration.

There was no objection.

Senator RICHARDSON proposed the following amendment (3577R001.SHR), which was adopted:

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

/   SECTION   1.     Section 46-13-45(1) of the 1976 Code, as added by Act 325 of 1996, is amended to read:

"(1)   Basic.   All pesticide products will be are classified as basic pesticides, solely for determination of the annual registration fee. The classification will may not affect a pesticide's state or federal classification as a general use pesticide or a restricted use pesticide. All registrants shall pay an annual basic registration fee of one hundred seventy-five dollars per for each product registered. This fee may not be increased except by an Act passed by the General Assembly other than the annual Appropriations Bill. This fee must be used to support the general pesticide regulatory enforcement and education program programs of the Division of Regulatory and Public Service."

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

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

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

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 708 (Word version) -- Senators McConnell, Leatherman, Land, Thomas, Drummond, Alexander and Hawkins: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO

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

S. 836 (Word version) -- Senator Moore: A BILL TO AMEND JOINT RESOLUTION 210 OF 1987, RELATING TO THE PURCHASE OF NOTES OF THE CLARK'S-HILL RUSSELL AUTHORITY BY THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND THE INTEREST RATE ON THESE NOTES, SO AS TO PROVIDE THAT THE INTEREST RATE MUST BE DETERMINED PERIODICALLY BY THE STATE TREASURER, RATHER THAN SET AT A RATE OF EIGHT PERCENT PER YEAR.

By prior motion of Senator MOORE

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

H. 3454 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 29-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING A MORTGAGE SATISFACTION, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE AFFIDAVIT THAT AN

Senator HAYES explained the Bill.

H. 3523 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET AND CONTROL BOARD SHALL DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

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

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

Senators ALEXANDER, KNOTTS, HUTTO and MARTIN proposed the following amendment (3108R003.TCA), which was adopted:

Amend the bill, as and if amended, page 2, line 33 by inserting an appropriately numbered section:

/     SECTION   ___.   Section 40-47-213 of the 1976 Code is amended to read:

"Section 40-47-213.   (A)(1)   No A person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, any witness, counsel, counsel's secretary staff, board member, board employee, court reporter, or investigator, may not mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or other proceeding, tending to identify the initial complainant or a witness, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except as otherwise provided in this section.

(2)   Information may be disclosed to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. The name of the initial complainant must be provided to the licensee who is the subject of the complaint, investigation, or proceeding unless the board, hearing officer, or panel determines there is good cause to withhold that information.

(3)   However, whenever When the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body.

(B)   When a formal complaint is made regarding allegations of misconduct, the formal complaint and an answer must become available for public inspection and copying ten days after the filing of the answer or, if no answer is filed, ten days after the expiration of the time to answer. Once the formal complaint becomes available for public inspection and copying, subsequent records and proceedings relating to the misconduct allegations must be open to the public except as otherwise provided in this section.

(1)   Patient records and identities shall remain confidential unless the patient or legal representative of the patient consents in writing to the release of the records.

(2)   If allegations of incapacity of licensee due to physical or mental causes are raised in the complaint or answer, all records, information, and proceedings, relating to those allegations of incapacity must remain confidential; provided, however, any order relating to the

(C)   Once a proceeding becomes public as provided in this section, there is a presumption that any hearing, other proceeding, or record must remain public unless a party to a proceeding makes a showing on the record before the board, hearing officer, or panel that closure of the hearing or the record, in whole or in part, is essential to protect patients, witnesses, or the respondent from unreasonable disclosure of personal or confidential information. Public notice must be given of the request or motion to close any portion of a hearing or record, and the board, hearing officer, or panel shall provide an opportunity for a person opposing the closure to be heard prior to the decision on closure being made.

(D)   Subject to the right of public access and utilizing the procedure regarding closure described in this section, a witness in a proceeding or a patient whose care is at issue in a proceeding may petition the board, hearing officer, or panel for an order to close the hearing or record, in whole or part, to protect the witness or patient from unreasonable disclosure of personal or confidential information; provided, however, the identity of a minor or sexual boundary victim must remain confidential without a motion being made.

(E)   Upon a finding on the record that the health or safety or the personal privacy of a witness or patient would be put at risk unreasonably by the public disclosure of identifying information or of other personal information, the board, hearing officer, or panel may issue an order to protect the witness or patient from the harm shown to be probable from public disclosure.

Nothing contained in this section may be construed so as to prevent the board from making public a copy of its final order in any proceeding as authorized or required by law."         /

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.

S. 362 (Word version) -- Senators J. Verne Smith and McGill: A BILL TO AMEND CHAPTER 50, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, SO AS TO PROVIDE STANDARDS THE FACULTY OF THE SCHOOL MUST MEET TO TEACH AT THE SCHOOL, TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE SCHOOL, TO PROVIDE THAT OUT-OF-STATE OR INTERNATIONAL EXCHANGE STUDENTS SHALL PAY TUITION AS DETERMINED BY THE SCHOOL, TO CHANGE THE CHIEF EXECUTIVE OFFICER FROM THE EXECUTIVE DIRECTOR TO THE PRESIDENT, AND TO PROVIDE THAT THE BOARD OF DIRECTORS SHALL ADOPT POLICIES AND PROMULGATE REGULATIONS NECESSARY FOR THE OPERATION AND MANAGEMENT OF THE SCHOOL.

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

Senator HAYES proposed the following amendment (NBD\11809SJ05), which was adopted:

Amend the bill, as and if amended, Section 59-50-50 as contained in SECTION 1, on page 4, by deleting the section in its entirety and inserting:

/   Section 59-50-50.   The chief administrative officer of the school is the executive director president, who is appointed by the board, serves at its will and pleasure, and administers all affairs of the school, subject to policies, and regulations adopted by the board. The president's position is exempt from the State Employee Grievance Procedure Act in Section 8-17-330. The school's vice-presidents serve at the will and pleasure of the president. The executive director president or his designee serves as secretary of the board of directors and reports at all board meetings. and The president shall report annually to the board on the status of the school, its needs, and recommendations to carry the school forward to fulfill its mission. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

Senator HAYES proposed the following amendment (NBD\ 11808AC05), which was adopted:

Amend the bill, as and if amended, Section 59-50-10 as contained in SECTION 1, by deleting item (B)(2) on page 2, and inserting:

/     (2)   The academic program must be comprised of faculty who hold one or more degrees in the specific subject to be taught and who must have achieved traditional state certification in the area of instruction and may have national board teacher certification. State and national teacher certification must be maintained pursuant to state law and regulations. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

On motion of Senator J. VERNE SMITH, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator J. VERNE SMITH, S. 362 was ordered to receive a third reading on Friday, May 13, 2005.

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

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

H. 3369 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY NUMBER 145 FROM THE NORTH

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

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

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

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

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

H. 3985 (Word version) -- Reps. Scott, Herbkersman, Simrill, Skelton, R. Brown, Hosey, Clyburn, Frye, Haley, Parks, J.H. Neal, Rivers, Barfield, Emory, J. Brown, McLeod, Hiott, Haskins, E.H. Pitts, Sinclair, G.R. Smith, Scarborough, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hayes, J. Hines, M. Hines, Hinson,

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

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

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

H. 4068 (Word version) -- Reps. R. Brown, Breeland, Merrill, Altman, Chellis, Dantzler, Hagood, Harrell, Mack, Scarborough, Young, Limehouse and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 17 SOUTH, HUGHES ROAD (S-10-738), AND OLD CHARLESTON ROAD (S-10-1024) IN CHARLESTON COUNTY THE "CLIFFORD V. GADSDEN MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION

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

S. 751 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007.

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

S. 510 (Word version) -- Senator Leatherman: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT OF 2005, TO PERMANENTLY CODIFY CERTAIN PROVISOS INCLUDED IN PRIOR GENERAL APPROPRIATION BILLS. (ABBREVIATED TITLE)

On motion of Senator   LEATHERMAN, the Bill was ordered recommitted to the Committee on Finance and removed from the Calendar.

S. 72 (Word version) -- Senators Ritchie, Jackson, Ryberg, Mescher, Richardson and Ford: A BILL TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN SEVENTEEN YEARS OF AGE, TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS

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

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

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

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

S. 778 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, 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.

On motion of Senator HAWKINS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Loyd E. Tipton of Spartanburg, S.C.

At 12:29 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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