Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear words from the Book of Acts (17:22):

"Then Paul stood in the midst of the Areopagus and said, 'Men of Athens... God is not far from each of us, for in Him we live and move and have our being'..."

Let us pray.

Father, You are the source of our light and love and reason. You created each of us in Your own image.

You gave us power to think Your thoughts after You!

Make clear to us what You want us to achieve today and the will to do it!

As we, shortly, make our pledge of loyalty to our flag, help us say - TOGETHER - "God bless America 'under God' with all our hearts!"
Amen!

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

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

Document No. 2974
Agency: Workers' Compensation Commission
SUBJECT: Settlement by Agreement and Final Release; Proof of Compliance, Excess Insurance; Proof of Compliance, Surety Bond; Proof of Compliance, Securities Pledge; Proof of Compliance, Irrevocable Letter of Credit; The Self-Insurance Program, Amendments to and Renewal of; Financial Analysis and Reports; Audits
Received by Lieutenant Governor May 16, 2005
Referred to Judiciary Committee
Legislative Review Expiration September 13, 2005

Senator SCOTT introduced Dr. Jim McCoy of North Charleston, S.C., Doctor of the Day.

Senator LEVENTIS rose for an Expression of Personal Interest.

H. 3942 (Word version) -- Reps. Delleney, W.D. Smith and F.N. Smith: 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.

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

There was no objection.

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

There was no objection.

On motion of Senator McCONNELL, with unanimous consent, the Resolution was adopted and ordered returned to the House.

The following were introduced:

S. 847 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH

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

On motion of Senator ELLIOTT, with unanimous consent, the Bill was referred to the Horry County Legislative Delegation.

S. 848 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 12-21-6050, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF FUNDS RECEIVED FROM STAMP TAXES REQUIRED TO BE PAID BY A DEALER POSSESSING MARIJUANA OR OTHER CONTROLLED SUBSTANCES UNDER THE SOUTH CAROLINA MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO PROVIDE THAT INSTEAD OF ALL PROCEEDS OF THE TAX GOING TO THE STATE GENERAL FUND, FIFTY PERCENT OF THE PROCEEDS MUST BE DISTRIBUTED TO THE LAW ENFORCEMENT AGENCY INVESTIGATING THE CASE AND RESPONSIBLE FOR THE ARREST.
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Read the first time and referred to the Committee on Finance.

S. 849 (Word version) -- Senator Cromer: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 1000 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S

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

S. 850 (Word version) -- Senators Knotts, Elliott, Gregory, Malloy, McConnell, Ford, Mescher, Martin, Alexander, Verdin, Williams, Cromer, Cleary, Grooms, Ryberg, Bryant, Ritchie, Rankin, Matthews, Richardson, Hutto, Land, Setzler and Jackson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE PERIOD OF TIME A PERSON WHO HAS NEVER HELD A FORM OF DRIVER'S LICENSE MUST HOLD A BEGINNER'S PERMIT BEFORE BEING ELIGIBLE FOR FULL LICENSURE.
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Senator KNOTTS spoke on the Bill.

Read the first time and ordered placed on the Calendar without reference.

S. 851 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE HIGH SCHOOL LADY BEARCATS SOCCER TEAM FOR WINNING THE STATE CLASS AAA 2005 SOCCER CHAMPIONSHIP.
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The Senate Resolution was adopted.

S. 852 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE PASTOR GLENN R. PLUMMER FOR HIS UNDYING COMMITMENT TO CHRISTIAN BROADCASTING AND FOR THE EXTRAORDINARY EXAMPLE HE SETS AS A LEADER IN THE CHRISTIAN COMMUNITY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 853 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION IN SUPPORT OF THE ESTABLISHMENT OF A NATIONAL TRUST

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

S. 854 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD JASPER COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD JASPER COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
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Read the first time and, on motion of Senator PINCKNEY, with unanimous consent, S. 854 was ordered placed on the Calendar without reference.

On motion of Senator PINCKNEY, with unanimous consent, S. 854 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 855 (Word version) -- Senators Knotts, Courson, Cromer and Setzler: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF LEXINGTON 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, on motion of Senator KNOTTS, with unanimous consent, S. 855 was ordered placed on the Calendar without reference.

S. 856 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION CONGRATULATING THE WACCAMAW INDIAN PEOPLE FROM HORRY COUNTY, THE PEE DEE INDIAN NATION OF UPPER SOUTH CAROLINA FROM DILLON COUNTY, THE WASSAMASAW TRIBE OF VARNERTOWN INDIANS FROM BERKELEY COUNTY, AND THE EASTERN CHEROKEE, SOUTHERN IROQUOIS, AND UNITED TRIBES OF SOUTH CAROLINA FROM RICHLAND COUNTY ON BEING GRANTED STATE RECOGNITION BY THE BOARD OF THE STATE COMMISSION FOR MINORITY AFFAIRS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 857 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION JOINING THE CAPITAL SENIOR CENTER OF COLUMBIA IN CELEBRATION OF ITS TENTH ANNIVERSARY OF OFFERING THE SENIOR POPULATION OF RICHLAND AND LEXINGTON COUNTIES A RESOURCE FOR PHYSICAL AND SOCIAL FITNESS.
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The Concurrent Resolution was adopted, ordered sent to the House.

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

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

H. 3803 (Word version) -- Reps. Edge and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-V CONTROLLED SUBSTANCES AND TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH DISPENSERS ARE TO PROVIDE SUCH INFORMATION, TO PROVIDE FOR THE USE AND CONFIDENTIALITY OF THIS INFORMATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 4035 (Word version) -- Reps. Harrell, Wilkins, Chellis, Thompson, Cotty, Huggins, Clark, Bales, Neilson, Hosey, J. E. Smith, Frye, Altman, Anthony, Bailey, Battle, Bowers, Branham, Cato, Cobb-Hunter, Cooper, Davenport, Delleney, Hagood, Hardwick, Haskins, J. Hines, Hinson, Kirsh, Leach, Mahaffey, McLeod, Miller, J. H. Neal, Norman, Ott, Owens, Rhoad, Rice, Scarborough, Scott, D. C. Smith, G. R. Smith, Talley, Taylor, Vaughn, Walker, White, Witherspoon and Young: A BILL TO AMEND CHAPTER 45, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO ESTABLISH A VENTURE CAPITAL AUTHORITY WITHIN THE DEPARTMENT OF COMMERCE TO SOLICIT INVESTMENT PLANS FOR RAISING AND INVESTING VENTURE CAPITAL PURSUANT TO THE VENTURE CAPITAL INVESTMENT ACT AND TO REVISE AND FURTHER PROVIDE FOR THE PROCEDURES, CONDITIONS, AND REQUIREMENTS UNDER

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

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

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4091 (Word version) -- Rep. Bingham: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY UPON REACHING ITS FIFTIETH ANNIVERSARY OF SERVICE TO ITS MEMBER-POLICYHOLDERS AND TO THE INSURANCE MARKET OF SOUTH CAROLINA.

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

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

S. 473 (Word version) -- Senators Lourie, J. Verne Smith, Short, Bryant, Reese, Rankin, Ford, Matthews, Verdin, Malloy, Leventis, Pinckney, O'Dell, Setzler, Cleary, Jackson, Anderson, Mescher, Hutto, Sheheen, McGill, Alexander, Thomas, Ryberg, Patterson, Leatherman, Elliott, Land and Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

Ordered for consideration tomorrow.

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

H. 3453 (Word version) -- Reps. Limehouse, Altman, Barfield, Bailey, Rice, Scarborough, Wilkins, Owens, Clemmons, Hagood and Mahaffey: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND OF THE COMBINED VALUE OF A WATERCRAFT AND ITS MOTOR, IF TAXED SEPARATELY, TO LIMIT TO ONE THOUSAND FIVE HUNDRED DOLLARS THE PROPERTY TAX DUE ON THE WATERCRAFT OR BOTH THE WATERCRAFT AND THE MOTOR, FOR ONE PROPERTY-TAX YEAR.

Ordered for consideration tomorrow.

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

The following Bills 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. 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

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 ATTORNEY IS PERMITTED TO FILE IN REGARD TO A MORTGAGE WHICH HE HAS SATISFIED.

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

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

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

There was no objection.

The Bill was read the third time and ordered returned to the House.

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

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 LICENSES BY CREDENTIALS TO PRACTICE DENTISTRY AND TO ESTABLISH THE CRITERIA FOR OBTAINING SUCH LICENSURE.

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.

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.

H. 3393 (Word version) -- Reps. M.A. Pitts, Anthony, Duncan, Hardwick, Herbkersman, Sinclair and Witherspoon: A BILL TO AMEND SECTION 50-13-1135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL OR NONCOMMERCIAL FISHING LICENSES REQUIRED FOR

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.

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

The Committee on Agriculture and Natural Resources proposed the following amendment (3240R001.CBH), which was adopted:

Amend the bill, as and if amended, page 2, by striking Section (E) in its entirety and inserting:

/   (E)   The committee must render its report and recommendations to the General Assembly before February 14, 2006, at which time it is dissolved.   /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS 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.

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

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

The Committee on Finance proposed the following amendment (3932R001.HKL), which was adopted:

Amend the bill, as and if amended, Page 4 by striking lines 39 - 43 and inserting:

/   the project within ten years of the effective date of this item (d)., The then the state agency, instrumentality, or political subdivision owning such land meeting and exhibit space will reimburse the amount of bond proceeds to the general fund of the State, plus interest thereon from the date of expenditure to the date of such       /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

The committee amendment was adopted.

The question then was second reading of the Bill.

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   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

The Bill was read the second time and ordered placed on the third reading 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.

Senator PEELER asked unanimous consent to recommit the Resolution to the Committee on Medical Affairs.

There was no objection.

The Resolution was recommitted to the Committee on Medical Affairs.

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; TO DELETE A REFERENCE TO CRITICAL AREA LINES AFFECTING SUBDIVIDED RESIDENTIAL LOTS WITH REGARD TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; TO DELETE THE ERODING COASTAL STREAM BANK EXCEPTION TO THE THREE YEAR EXPIRATION OF CRITICAL AREA LINES; AND TO PROVIDE THAT A CRITICAL AREA DELINEATION INCORPORATED OR REFERENCED IN A PERMIT IS VALID FOR THE TERM OF THE PERMIT.

Senator GROOMS explained the Bill.

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

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

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

Senator McCONNELL proposed the following amendment (JUD3539.001):

Amend the bill, as and if amended, page 2, by striking lines 14-15 in their entirety and inserting therein the following:

/     (1)   'Commission' means the Commission on Indigent Defense;   /

Amend the bill further, as and if amended, page 2, by striking lines 41-42 in their entirety and inserting therein the following:

/   recommendation by the President of the South Carolina Bar for the term for which he is elected.   /

Amend the bill further, as and if amended, page 3, by striking lines 1-22 in their entirety and inserting therein the following:

/     (3)   A member of the South Carolina Trial Lawyers Association appointed upon recommendation by the President of the South Carolina Trial Lawyers Association for the term for which he is elected.

(4)   A member of the South Carolina Criminal Defense Lawyers Association appointed upon the recommendation of the President of the South Carolina Criminal Defense Lawyers Association for the term for which he is elected.

(5)   A member of the South Carolina Public Defender Association appointed upon recommendation of the President of the South Carolina Public Defender Association for the term for which he is elected.

(C)   The remaining four members must be appointed as follows:

(1)   two members appointed by the Chief Justice of the South Carolina Supreme Court, one of whom must be a retired circuit court judge and one of whom must be either a retired family court judge or a retired appellate court judge, each of whom shall serve for a term of four years and until a successor is appointed and qualifies; and

(2)   the Chairmen of the Senate and House Judiciary Committees, or their legislative designees, for the terms for which they are elected.   /

Amend the bill further, as and if amended, page 5, by striking line 11 in its entirety and inserting therein the following:

/   provided, however, this shall occur only in the event the funds in the   /

Amend the bill further, as and if amended, page 6, by striking line 35 in its entirety and inserting therein the following:

/   available."     /

Renumber sections to conform.

Amend title to conform.

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

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

S. 69 (Word version) -- Senators Thomas, McConnell, Cromer, Knotts, Hawkins, Grooms, O'Dell, Fair, Mescher, Bryant and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL STATE SALES AND USE TAX EQUAL TO TWO PERCENT AND TO REIMBURSE PROPERTY TAXING ENTITIES FOR PROPERTY TAX CREDITS ALLOWED AGAINST PROPERTY TAXES ON MOTOR VEHICLES AND MOTORCYCLES AND OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND CHAPTER 37, TITLE 12 BY ADDING ARTICLE 25 SO AS TO PROVIDE A PROPERTY TAX CREDIT AGAINST PROPERTY TAX FOR OPERATING PURPOSES OTHERWISE DUE ON PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES AND OWNER-OCCUPIED RESIDENTIAL PROPERTY AND PROVIDE THE METHOD OF CALCULATING THE CREDITS AND THE REIMBURSING OF PROPERTY TAXING ENTITIES FOR THE PROPERTY TAX NOT COLLECTED BECAUSE OF THE CREDITS; TO AMEND SECTION 6-1-320, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO REQUIRE ALL

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

Senator LEATHERMAN spoke on the motion.

Senator McCONNELL spoke on the motion.

Senator RICHARDSON spoke on the motion.

Senator KNOTTS spoke on the motion.

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

Anderson                  Bryant                    Courson
Cromer                    Fair                      Gregory
Grooms                    Hawkins                   Knotts
Lourie                    Moore                     Peeler
Richardson                Ryberg                    Scott
Setzler                   Thomas                    Verdin

Alexander                 Campsen                   Cleary
Drummond                  Elliott                   Ford
Hayes                     Jackson                   Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Patterson                 Pinckney
Ritchie                   Sheheen                   Short
Smith, J. Verne           Williams

The motion to recall the Bill from the Committee on Finance failed.

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

Senator RICHARDSON made the motion to recall the Resolution from the Committee on Judiciary.

Senator THOMAS spoke on the motion.

Senator MARTIN raised a Point of Order that the time limitation of thirty minutes allotted for the duration of the Motion Period had elapsed.

The PRESIDENT sustained the Point of Order.

Senator LEATHERMAN, with unanimous consent, was granted leave to address the body with brief comments.

Senator RICHARDSON, with unanimous consent, was granted leave to address the body with brief comments.

Senator CAMPSEN, with unanimous consent, was granted leave to address the body with brief comments.

Senator ELLIOTT, with unanimous consent, was granted leave to address the body with brief comments.

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

Anderson                  Bryant                    Cleary
Courson                   Cromer                    Elliott
Fair                      Gregory                   Grooms
Hawkins                   Knotts                    Lourie
Moore                     Peeler                    Reese

Richardson                Ryberg                    Scott
Setzler                   Thomas                    Verdin

Alexander                 Campsen                   Drummond
Ford                      Hayes                     Jackson
Land                      Leatherman                Malloy
Martin                    Matthews                  McConnell
McGill                    O'Dell                    Patterson
Pinckney                  Ritchie                   Sheheen
Short                     Smith, J. Verne           Williams

The PRESIDENT voted "aye."

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

On motion of Senator BRYANT, with unanimous consent, the names of Senators BRYANT and CROMER were added as co-sponsors of S. 796.

Senator SHEHEEN spoke on the Bill.

There are less than three weeks to the end of this session and, thus, not enough time to pass this Bill. Since the Chairman of the Finance Committee has agreed to take up this Bill and the subject of property tax reform in the interim, this vote will do nothing more than clutter the Calendar with a Bill for which there is no consensus or agreement to proceed. It will tie up the Senate in the last weeks and interfere with legislation which could pass.

The Chairman of the Judiciary Committee has also agreed to take up the constitutional side of property tax reform. The issue is now a centerpiece for the next session. Any constitutional amendment cannot be voted on by the people until November 2006, so we have the time to

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.

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 MISCELLANEOUS OTHER PROVISIONS. (ABBREVIATED TITLE)

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

S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. Verne Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews, Rankin and Campsen: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.

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

Senator GREGORY spoke on the report.

On motion of Senator GREGORY, the Report of the Committee of Free Conference to S. 212 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

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 .)

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

/ SECTION   1.   Section 50-11-500 of the 1976 Code, as last amended by Act 210 of 2002, is further amended by adding at the end:

"(9)   It is unlawful for a person to take or attempt to take a wild turkey from a watercraft on the waters of this State."

SECTION   2.   Section 50-11-544 of the 1976 Code, as added by Act 210 of 2002, is further amended to read:

"Section 50-11-544.   A person who hunts wild turkeys is required to possess a set of wild turkey transportation tags issued by the department at no cost. All turkeys taken must be tagged before being moved from the point of kill. All turkeys taken must be checked at an official check station on the day of take. No person may obtain or possess more than one set of turkey tags.

SECTION   3.   Section 50-11-555 of the 1976 Code, as added by Act 255 of 2002, is amended to read:

"Section 50-11-555.   Notwithstanding any other provision of law, it is not unlawful to hunt wild turkey on Sunday on private land in Game Zone 4 during the prescribed season for hunting wild turkey."

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

Amend title to conform.

/s/Sen. Greg Gregory              /s/Rep. Michael A. Pitts
/s/Sen,Yancey McGill              /s/Rep. Jeffrey D. Duncan

/s/Sen. Bradley Hutto             /s/Rep. Thomas N. Road
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 596 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET BY ALL LAW ENFORCEMENT OFFICERS, SO AS TO DELETE THE PROVISION THAT ALLOWS A LAW ENFORCEMENT AGENCY TO AUTOMATE THE ISSUANCE OF A UNIFORM TICKET IF APPROVED BY THE DEPARTMENT, AND PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY UTILIZE COMPUTERS AND OTHER ELECTRONIC DEVICES TO ISSUE UNIFORM TRAFFIC CITATIONS AND STORE INFORMATION RESULTING FROM THE ISSUANCE OF A TRAFFIC CITATION IF THIS METHOD OF ISSUING A CITATION HAS BEEN APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-7-30, AS AMENDED, RELATING TO THE PRINTING, ORDERING, AND PURCHASING OF UNIFORM TRAFFIC TICKETS, AND THE FILING OF THE VARIOUS COPIES OF THE TICKET WITH THE APPROPRIATE AGENCIES, SO AS TO PROVIDE THE PROCEDURE THAT A LAW ENFORCEMENT AGENCY THAT ISSUES UNIFORM TRAFFIC TICKETS IN AN ELECTRONIC FORMAT MUST DISTRIBUTE COPIES OF THE TICKET TO VARIOUS ENTITIES.

The House returned the Bill with amendments.

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

S. 814 (Word version) -- Senators Land and Hutto: A BILL TO AMEND SECTION 12-6-3365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEN-YEAR CORPORATE

The House returned the Bill with amendments.

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

S. 573 (Word version) -- Senators McConnell, Verdin, Rankin, Courson, Elliott and Ford: A BILL TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION

The House returned the Bill with amendments.

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

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

The House returned the Bill with amendments.

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

On motion of Senators KNOTTS and LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Senior Trooper Jonathan W. Parker, 29, of Sumter, S.C., who was killed in the line of duty when his cruiser was rear-ended by an armed robbery suspect on the run.

At 2:05 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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