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 the ancient words of wisdom recorded in the Book of Proverbs (2:10):

"When wisdom entereth into thine heart, and knowledge is pleasant unto thy soul, discretion shall preserve thee, understanding shall keep thee."

Let us pray.

O God, our Father, Your wonderful works have been seen, and known, and told by the children of men throughout the generations! You have given us work to do today!

We want to give our best, in mind, body, and spirit, to the problems of our people. Help us to know, today, the satisfaction which comes with achievement - with Your help!
Amen!

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

Senator DRUMMOND introduced Dr. Stanley Baker of Greenwood, S.C., Doctor of the Day.

At 12:15 P.M., Senator RYBERG requested a leave of absence until 1:00 P.M.

S. 1145 (Word version) -- Senators Martin, McConnell, Ford, Knotts and Jackson: A BILL TO AMEND SECTION 7-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECOND AND OTHER PRIMARIES, SO AS TO PROVIDE THAT A SECOND PRIMARY, WHEN NECESSARY, MUST BE HELD FOUR WEEKS AFTER THE FIRST PRIMARY.

On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 1145.

S. 1182 (Word version) -- Senators Richardson, Scott, Mescher, Sheheen and Cleary: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTH CAROLINA FIRST RESPONDER INTEROPERABILITY ACT WHICH PROVIDES FOR THE ESTABLISHMENT OF A STATEWIDE 800 MHZ COMMUNICATIONS NETWORK ALLOWING STATE AND LOCAL FIRST RESPONDER PUBLIC SAFETY ENTITIES TO COMMUNICATE ACROSS A SINGLE MOBILE TELECOMMUNICATIONS NETWORK, AND TO PROVIDE FOR THE FUNDING OF THE PALMETTO 800 NETWORK TO BE DERIVED IN PART FROM UNIVERSAL SERVICE FUNDS AND INTERIM LEC FUNDS DERIVED PURSUANT TO SECTION 58-9-280; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO TELEPHONE UTILITIES AND TELECOMMUNICATION SERVICES, SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE ALL PROVIDERS OF TELECOMMUNICATIONS SERVICES, INCLUDING WIRELESS AND CABLE PROVIDERS, TO CONTRIBUTE TO THE UNIVERSAL SERVICE FUND BASED ON A FORMULA DETERMINED BY THE COMMISSION AND TO PROVIDE THAT NO MORE THAN TWENTY MILLION DOLLARS ANNUALLY IN TOTAL USF ASSESSMENTS MAY BE IMPOSED ON ALL TELECOMMUNICATIONS SERVICE PROVIDERS SUBJECT TO THE USF IN ANY FISCAL YEAR.

On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 1182.

H. 4594 (Word version) -- Reps. Vick, Witherspoon, Clemmons and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT

Senator CAMPSEN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled from the Committee on Finance.

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

There was no objection.

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

Senator CAMPSEN proposed the following amendment (4594R001.GEC), which was adopted:

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

/   SECTION   1.   Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-5595.   For purposes of the nonrecognition of gain under Section 1031 of the Internal Revenue Code and comparable provisions of state law, the conveyance by timber deed of the right to cut standing timber for a period of time exceeding thirty years is considered a conveyance of a real property interest, and as such, under the laws of this State, is a like-kind exchange with other similar conveyances of a real property interest or with conveyances of similar investment real property owned in fee simple."

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

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

Senator CAMPSEN asked unanimous consent to give the Bill a second reading, as amended.

There was no objection.

The Bill was read the second time.

On motion of Senator CAMPSEN, with unanimous consent, H. 4594 was ordered to receive a third reading on Friday, March 3, 2006.

S. 1191 (Word version) -- Senators Knotts, Setzler, Malloy, Leatherman, Martin, Land, McConnell, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Leventis, Lourie, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF THIS STATE AND RESIDENTS OF THIS STATE SERVING IN THE UNIFORMED SERVICES OF THE UNITED STATES KILLED IN THE LINE OF DUTY MUST BE AWARDED THE ORDER OF THE PALMETTO POSTHUMOUSLY.

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

Senator COURSON spoke on the motion.

Senator PATTERSON spoke on the motion.

Senator GREGORY spoke on the motion.

Senator RITCHIE asked unanimous consent to make a motion to amend the Resolution.

Senator SHEHEEN objected.

Senator McCONNELL objected to the motion to recall.

On motion of Senator RICHARDSON, with unanimous consent, the names of Senators RICHARDSON, CAMPSEN, BRYANT, McCONNELL, PATTERSON, CLEARY, GROOMS, VERDIN, RYBERG, MARTIN, RITCHIE, ALEXANDER, MESCHER,

The following were introduced:

S. 1208 (Word version) -- Senator Land: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF SHOOTING PRESERVES, SO AS TO REVISE THE MANNER OF THEIR ESTABLISHMENT, THE LEGAL SHOOTING PRESERVES SPECIES, AND OTHER PROVISIONS PERTAINING TO THE OPERATION OF SHOOTING PRESERVES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1209 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 64 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES.
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Read the first time and referred to the Committee on Transportation.

S. 1210 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO REPRESENTATION OF PARTIES AND INTERVENORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2976, 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. 1211 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF LABOR SERVICES, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2982,

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

S. 1212 (Word version) -- Senators Alexander, McGill, Williams, Knotts, O'Dell, Rankin, Leatherman, Martin and Mescher: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 12, SO AS TO PROVIDE FOR AND MAINTAIN QUALITY PRODUCTS IN THE STREAM OF COMMERCE IN SOUTH CAROLINA, THROUGH REGISTRATION OF ORIGIN, INSPECTION, ESTABLISHMENT OF STANDARDS, ENFORCEMENT, AND PENALTIES INCLUDING CITIZENS' ACTIONS.
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Senator ALEXANDER spoke on the Bill.

The day that our working families and our manufacturers are placed at a huge disadvantage because of the illegal and frankly immoral acts of some foreign governments has come to an end. States were granted the authority to enact fair inspection programs under the United States Constitution. As a state, we intend to do just that.

If enacted, this legislation will have no negative impact on domestic manufacturers. The measure will ensure compliance with "minimal environmental standards" with a stated purpose to "ensure that a product introduced into commerce in South Carolina is produced with sufficient quality to ensure the health and well-being of the citizens of the State of South Carolina". As a state, this is the very least that we should provide to our working families.

To be clear, there are no new causes of action, no heightened burdens for domestic manufacturing and no new procedural requirements. No environmental standard will be set that is "more stringent than that required by South Carolina or federal law" and facilities operating with "all applicable environmental permits under

We seek to balance the playing field and protect free trade and the well-being of our families. Our goal is to begin a process of meaningful dialogue on how states can participate in a system of trade that has allowed illegal and unjust practices to rip apart the very fabric of our communities. This measure will simply provide a mechanism to ensure that all goods entering our State comply with already established norms for the protection of our citizens.

We believe in our obligation to support our manufacturers and our communities and cease illegal practices. We believe in free trade and just enforcement. As a state, we will create a program to ensure compliance with our fundamental standards to protect our citizens.

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

S. 1213 (Word version) -- Senators Matthews, Grooms and Scott: A SENATE RESOLUTION TO HONOR JOHN TYE HEATH HILL, STAR CORNERBACK FOR THE CLEMSON UNIVERSITY FOOTBALL TEAM, FOR HIS OUTSTANDING ATHLETICISM AND LEADERSHIP AND TO RECOGNIZE HIM FOR HIS INSTRUMENTAL ROLE IN THE SUCCESS OF THE CLEMSON TIGER'S 2005 FOOTBALL SEASON.
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The Senate Resolution was adopted.

S. 1214 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE JACK W. CLAYPOOLE OF RICHLAND COUNTY ON HIS APPOINTMENT AS ADMINISTRATOR OF THE DRUG FREE COMMUNITIES SUPPORT PROGRAM WITHIN THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY AT THE WHITE HOUSE, TO EXPRESS APPRECIATION FOR HIS OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO THE LEXINGTON/RICHLAND ALCOHOL AND DRUG ABUSE COUNCIL, AND TO WISH HIM GREAT SUCCESS IN HIS NEW POSITION AND IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1215 (Word version) -- Senators Reese, 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, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO URGE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND THE CONGRESS OF THE UNITED STATES TO TAKE SWIFT AND APPROPRIATE ACTION TO PROTECT AND SECURE THE SEAPORTS OF THE UNITED STATES AND TO PREVENT THE TRANSFER OF THE SECURITY AND OPERATIONAL RESPONSIBILITIES OF SEAPORTS TO ANY KNOWN FOREIGN STATE THAT PROVIDED LOGISTICAL AND FINANCIAL RESOURCES AND SUPPORT TO TERRORISTS THAT ATTACKED THE UNITED STATES ON SEPTEMBER 11, 2001.
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Senator REESE spoke on the Resolution.

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

H. 4738 (Word version) -- Rep. Coleman: A BILL TO AMEND ACT 1079 OF 1958, RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, SO AS TO INCREASE THE SIZE OF THE COMMISSION FROM FIVE MEMBERS TO SEVEN MEMBERS AND TO REVISE THE METHOD OF THEIR APPOINTMENT.

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

On motion of Senator SHORT, with unanimous consent, H. 4738 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

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

Tuesday, March 7, 2006 - 6:00-8:00 PM
Members of the Senate and staff, Reception, New Brookland Baptist Church Banquet and Conference Center, by SC Farm Bureau Federation

Wednesday, March 8, 2006 - 8:00-9:15 AM
Members of the Senate and staff, Breakfast, Clarion, by SC Association of Technical College Commissioners, Inc.

Wednesday, March 8, 2006 - 12:00-2:00 PM
Members of the Senate, Lunch, Clarion Town House, by Association of Public Library Administrators (APLA)

Wednesday, March 8, 2006 - 6:00-7:30 PM
Members of the Senate and Staff, Reception, Embassy Suites Hotel, by SC Association of Counties

Thursday, March 9, 2006 - 8:00-10:00 AM
Members of the Senate and staff, Breakfast, 221 Blatt, by SC Vocational Rehabilitation Association

Wednesday, March 15, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC Association of Housing Authorities

Wednesday, March 15, 2006 - 6:30- PM
Members of the Senate, Reception/Dinner - "Bird Supper," Embassy Suites, by Home Builders Association of SC

Thursday, March 16, 2006 - 8:00-10:00 AM
Members of the Senate and staff, Breakfast, 221 Blatt, by Southern Division of the Kappa Alpha PSI Fraternity

Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 394 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 40-54-10 OF THE 1976 CODE, RELATING TO DEALERS IN PRECIOUS METALS, TO PROVIDE A DEFINITION OF BUSINESS; TO AMEND SECTION 40-54-70, RELATING TO A DEALER'S CIVIL LIABILITY FOR DAMAGES TO THE TRUE OWNER FOR KNOWINGLY PURCHASING STOLEN PRECIOUS METAL, TO INCLUDE THE PURCHASE OF A PRECIOUS OR SEMIPRECIOUS STONE OR GEM, TO REQUIRE A REASONABLE INQUIRY BY THE DEALER INTO THE TRUE OWNERSHIP OF THE ITEM, AND TO PROVIDE FOR THE ADDITIONAL REMEDY OF IMMEDIATE RETURN OF THE ITEM UPON DEMAND BY THE TRUE OWNER; AND TO AMEND VARIOUS OTHER SECTIONS OF CHAPTER 54 OF TITLE 40 TO MAKE CERTAIN TECHNICAL AND OTHER CHANGES.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 798 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 41-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF USING TOBACCO PRODUCTS OUTSIDE OF THE WORKPLACE AS BASIS FOR TAKING A PERSONNEL ACTION AGAINST AN EMPLOYEE, SO AS TO AUTHORIZE AN EMPLOYER TO ADVERTISE FOR NONSMOKER EMPLOYEES AND DESIGNATE IN HIS ADVERTISEMENT THAT THE WORKPLACE IS A NONSMOKING ENVIRONMENT.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 994 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-80-25 SO AS TO PROVIDE THAT AFTER JUNE 30, 2006, A PERSON WHO HAS BEEN CONVICTED OF ARSON MUST NOT PERFORM FIREFIGHTING DUTIES IN THIS STATE UNLESS THE PERSON IS EMPLOYED AS OF JUNE 30, 2006, AS A FIREFIGHTER IN ACCORDANCE WITH THE LAW IN EFFECT AT THAT TIME AND TO FURTHER PROVIDE THAT IF THE PERSON LEAVES THIS PLACE OF EMPLOYMENT THE PROHIBITION APPLIES.

Ordered for consideration tomorrow.

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

S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS AND VULNERABLE ADULT FATALITIES; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF FACILITIES TO INCLUDE

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 1128 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR

Ordered for consideration tomorrow.

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

S. 1146 (Word version) -- Senators Campsen and Gregory: A BILL TO AMEND SECTION 50-21-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3478 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE WHEN SUCH PAYMENTS ARE AUTHORIZED.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

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 s1, 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.

Ordered for consideration tomorrow.

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

H. 4165 (Word version) -- Reps. M.A. Pitts, Rhoad, Umphlett, E.H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS.

Ordered for consideration tomorrow.

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

H. 4296 (Word version) -- Reps. Altman, Mahaffey, Toole and Perry: A BILL TO AMEND SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT

Ordered for consideration tomorrow.

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

H. 4710 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Frye, Hardwick and Sandifer: A CONCURRENT RESOLUTION CELEBRATING SIXTY YEARS OF TREE FARMING IN SOUTH CAROLINA AND SALUTING THE SOUTH CAROLINA TREE FARM PROGRAM.

Ordered for consideration tomorrow.

S. 1204 (Word version) -- Senators Grooms, Pinckney and Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE 300TH ANNIVERSARY OF ST. BARTHOLOMEW PARISH, LATER KNOWN AS COLLETON COUNTY, ON MARCH 3, 2006, AND TO EXTEND TO ALL THE OFFICIALS PARTICIPATING IN THIS CELEBRATION AN APPRECIATION FOR THEIR PART IN PLANNING THIS WONDROUS OCCASION.

Returned with concurrence.

Received as information.

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

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

H. 4526 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, D.C. Smith, Stewart and Clark: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND

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

There was no objection.

On motion of Senator MOORE, H. 4526 was ordered to receive a third reading on Friday, March 3, 2006.

S. 134 (Word version) -- Senators Gregory and Alexander: A BILL TO AMEND SECTION 16-3-20 OF THE 1976 CODE, BY ADDING ARSON TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.

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

The Committee on Judiciary proposed the following amendment (JUD0134.001), which was adopted:

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

/   SECTION   1.   Section 16-3-20(C)(a)(1) of the 1976 Code is amended to read:

"(1)   The murder was committed while in the commission of the following crimes or acts:

(a)   criminal sexual conduct in any degree;

(b)   kidnapping;

(c)   burglary in any degree;

(d)   robbery while armed with a deadly weapon;

(e)   larceny with use of a deadly weapon;

(f)   killing by poison;

(g)   drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;

(h)   physical torture; or

(i)     dismemberment of a person.; or

(j)     arson in the first degree as defined in Section 16-11-110(A)."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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.

S. 1044 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 12-45-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TAX RECEIPTS BY A COUNTY TREASURER UPON FULL PAYMENT OF THE TAXES AND CHARGES DUE, SO AS TO PROVIDE THAT A COUNTY TREASURER MAY ACCEPT A LESSER AMOUNT THAN THE ORIGINAL TAX BILL TOGETHER WITH ANY APPLICABLE PENALTIES, COSTS, AND CHARGES WHENEVER A BANKRUPTCY PROCEEDING AUTHORIZES A LESSER AMOUNT TO BE PAID, AND TO PROVIDE THAT THE AUDITOR MAY PREPARE A TAX BILL TO AUTHORIZE NEGOTIATED TAXES AS A RESULT OF A BANKRUPTCY.

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

The Committee on Finance proposed the following amendment (1044R001.RWH), which was adopted:

Amend the bill, as and if amended, page 1 by striking lines 36 and 37 and inserting:

/   lesser amount to be paid. The auditor, as authorized by county council, may prepare a tax bill to authorize negotiated taxes as a result of a bankruptcy."     /

Renumber sections to conform.

Amend title to conform.

Senator HAYES 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.

S. 1065 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-37-712, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESS TO A MARINA AND ITS BUSINESS RECORDS FOR THE PURPOSE OF MAKING PROPERTY TAX ASSESSMENTS, SO AS TO DEFINE "BUSINESS RECORDS" FOR PURPOSES OF THIS SECTION.

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

The Committee on Finance proposed the following amendment (1065R001.RWH), which was adopted:

Amend the bill, as and if amended, page 1 by striking lines 30 and 31 and inserting:

/   name and model, the name of the boat owner, and the boat owner's billing address."     /

Renumber sections to conform.

Amend title to conform.

Senator HAYES 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.

S. 1108 (Word version) -- Senators Campsen, Sheheen and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT

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

The Committee on Finance proposed the following amendment (1108R002.GEC), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 31-38 and inserting:

/   "Section 12-6-5595.   For purposes of the nonrecognition of gain under Section 1031 of the Internal Revenue Code and comparable provisions of state law, the conveyance by timber deed of the right to cut standing timber for a period of time exceeding thirty years is considered a conveyance of a real property interest, and as such, under the laws of this State, is a like-kind exchange with other similar conveyances of a real property interest or with conveyances of similar investment real property owned in fee simple."     /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL 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.

S. 1145 (Word version) -- Senators Martin, McConnell, Ford, Knotts and Jackson: A BILL TO AMEND SECTION 7-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECOND AND OTHER PRIMARIES, SO AS TO PROVIDE THAT A SECOND PRIMARY, WHEN NECESSARY, MUST BE HELD FOUR WEEKS AFTER THE FIRST PRIMARY.

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

Senator MARTIN proposed the following amendment (JUD1145.006), which was adopted:

Amend the committee report, as and if amended, pages [1145-4] through [1145-5], by striking SECTIONS 3 through 5 and inserting therein the following:

/   SECTION   3.   Section 7-13-190 of the 1976 Code is amended to read:

"Section 7-13-190.   (A)   Except as otherwise provided in this code as to specific offices, whenever a vacancy occurs in office by reason of death, resignation, or removal and the vacancy in office is one which is filled by a special election to complete the term of office, this section applies.

(B)   In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close ten days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15 and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.

A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on either: (1) the thirteenth Tuesday after the vacancy occurs if the election is to fill a state or local office, or (2) the fifteenth Tuesday after the vacancy occurs if the election is to fill a federal office. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the eighteenth Tuesday after the vacancy occurs is no more than sixty days prior to the general election, the special election shall be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day.

(C)   If the office is not one for which there are partisan elections, then the filing must be opened at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. The filing must be made to the same entity to which the nonpartisan officeholders would normally file for office in a general election year. The election must be set for the thirteenth Tuesday after the vacancy occurs. Both the filing date and the election date are subject to the provisions in subsection (B) of this section regarding holidays.

(D)   Provided, however, if a vacancy occurs in more than one office in the same county requiring separate special elections to be held within a period of twenty-eight days under the provisions of this section, the election commission or other authority responsible for the conduct of the elections shall conduct all of the elections on the same date. The special elections must be held on the latest date required for an election during the twenty-eight-day period.

(E)(1)   A special election to fill a vacancy in an office is not required to be conducted if fourteen calendar days have elapsed since the filing period for that office has closed and:

(a)   only one person has filed for the office; and

(b)   no person has filed a declaration to be a write-in candidate with the authority charged by law with conducting the election.

(2)   In such an event, the candidate who filed for the office is deemed elected and shall take office on the Monday following certification.

(3)   The provisions of this subsection also apply to municipal general elections.

When no person has filed a declaration to be a write-in candidate pursuant to this section, the candidate who filed for the office must be declared the winner by the authority charged by law with conducting the election, and the votes for the election must not be counted or otherwise tabulated. Nothing in this section requires a ballot containing the name of a person who has been declared the winner pursuant to this section to be reprinted to delete the winning candidate's name or candidates' names from the ballot."

SECTION   4.   Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:

"Section 7-15-405.   (A)   For the qualified electors of this State who are eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, an absentee ballot with an absentee instant runoff ballot for each potential second primary must be mailed to the elector at least forty-five days prior to the primary election.

(B)   The absentee instant runoff ballots for second primaries must be prepared by the authority charged with conducting with the election.

(C)   The absentee instant runoff ballot for a second primary shall permit the elector to vote by indicating his order of preference for each candidate for each office by placing a number next to the name of the candidate's name on the ballot. However, the elector shall not be required to indicate his preference for more than one candidate on the ballot if he so chooses.

(D)   The special absentee ballot shall be designated as an 'absentee instant runoff ballot' and be clearly distinguishable from the regular absentee ballot.

(E)   Instructions explaining the absentee instant runoff voting Search Term End process must be provided with the ballot to the qualified elector."

SECTION   5.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   6.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD1145.005), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE DIRECTOR OF STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SERVE AS THE CHIEF STATE

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 7-3-20 of the 1976 Code is amended to read:

"Section 7-3-20.   (A)   The State Election Commission shall elect an executive director who shall be directly responsible to the commission and who shall serve at the pleasure of the commission. The executive director shall be the chief administrative officer for the State Election Commission.

(B)   The executive director shall receive such compensation and employ such staff, subject to the approval of the State Election Commission, as may be provided by law.

(C)   The executive director shall:

(1)   maintain a complete master file of all qualified electors by county and by precincts;

(2)   delete the name of any elector:

(a)   who is deceased,;

(b)   who is no longer qualified to vote in the precinct where currently registered,;

(c)   who has been convicted of a disqualifying crime,;

(d)   who is otherwise no longer qualified to vote as may be provided by law,; or

(e)   who requests in writing that his name be removed;

(3)   enter names on the master file as they are reported by the county registration boards;

(4)   furnish each county registration board with a master list of all registered voters in the county, together with a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;

(5)   maintain all information furnished his office relating to the inclusion or deletion of names from the master file for four years;

(6)   purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission;

(7)   secure from the United States courts and federal and state agencies available information as to persons convicted of disqualifying crimes;

(8)   obtain information from any other source which may assist him in carrying out the purposes of this section;

(9)   perform such other duties relating to elections as may be assigned him by the State Election Commission;

(10)   furnish at reasonable price any precinct lists to a qualified elector requesting them; and

(11)   serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993; and

(12)   serve as the chief state election official responsible for implementing and enforcing the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)."

SECTION   2.   Section 7-13-50 of the 1976 Code is amended to read:

"Section 7-13-50.   A second primary, when necessary, must be held (1) two weeks after the first primary for a state or local office and (2) four weeks after the first primary for a federal office. and A second primary is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several

SECTION   3.   Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:

"Section 7-15-405.   (A)   For the qualified electors of this State who are eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, an absentee ballot with a special absentee ballot for each potential second primary must be mailed to the elector at least forty-five days prior to the primary election.

(B)   The special absentee ballot for second primaries must be prepared by: (1) the State Election Commission for federal offices, statewide offices, members of the General Assembly, and multi-county offices, and (2) the county and municipal election commissions for local offices.

(C)   The special absentee ballot for a second primary shall permit the elector to vote by indicating his or her order of preference for each candidate for each office by placing a number next to the name of the candidate's name on the ballot. However, the elector shall not be required to indicate his or her preference for more than one candidate on the ballot if he chooses.

(D)   The special absentee ballot shall be designated as a 'special runoff ballot' and be clearly distinguishable from the regular absentee ballot.

(E)   Instructions explaining the second primary instant runoff voting Search Term End process must be sent with the ballot to the qualified elector. The county boards of registration must provide instructions on how the voter may determine if a second primary will be held and which candidates are involved."

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

SECTION   5.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

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. 3079 (Word version) -- Reps. Howard, Clyburn, Cobb-Hunter and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-100, 2-19-110, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.

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

Senator KNOTTS objected to further consideration of the Bill.

S. 985 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 6-1-530(B) OF THE 1976 CODE, RELATING TO THE USE OF REVENUE FROM THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY WHICH COLLECTS ONE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES MAY USE THE REVENUE COLLECTED FOR THE OPERATION AND MAINTENANCE OF THE ITEMS LISTED IN

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

On motion of Senator LEVENTIS, with unanimous consent, the names of Senators LEVENTIS and PINCKNEY were added as co-sponsors of S. 985.

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. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.
The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence with the House amendments.

Senator GREGORY proposed the following amendment (AGM\ 18206MM06), which was adopted:

Amend the bill, as and if amended, Section 51-17-320(D) as found in SECTION 2B, by deleting subsection (D) in its entirety and inserting:

/   (D)   The board acting as the trustees may not pledge the faith, credit, or taxing power of this State or its political subdivisions in connection with the issuance of the bonds, and each bond must recite on its face that it is a special source bond of the trustees issued pursuant to and in accordance with this article and Article X, Section 13(9) of the Constitution of this State, that it is secured by and payable from only the Heritage Land Trust portion of the state deed recording fee, that it is neither a general, legal, nor moral obligation of the State or its political subdivisions, and that it is not backed by the full faith, credit, or taxing power of this State or any of its political subdivisions. Failure to include this language on the face of a bond does not cause the bond to become a general, legal, or moral obligation of the State or its political subdivisions or a pledge of the full faith, credit, or taxing power of this State or its political subdivisions. /

Amend the bill, further, Section 51-17-320(J) as found in SECTION 2B, by deleting subsection (J) in its entirety and inserting:

/   (J)   Subject to the requirements of this section, the board acting as the trustees may authorize the issuance of bonds of the trustees for the purpose of:

(1)   refunding, on a current or advance-refunding basis, outstanding bonds of the trustees; or

(2)   obtaining funds for delivery to the Heritage Land Trust Fund. Proceeds of bonds issued for this purpose must be delivered promptly to the Heritage Land Trust Fund and used only for the purposes provided in Section 51-17-115 of the 1976 Code, except as needed to defray the costs of issuance of the bonds or to establish a reserve fund for the bonds. /

Amend the bill, further, Section 51-17-330(B) as found in SECTION 2B, by deleting subsection (B) in its entirety and inserting:

/   (B)   The exercise of the powers granted by this chapter is in all respects for the benefit of the citizens of the State and for the promotion of their welfare, convenience, and prosperity. Property, whether real or personal, tangible or intangible, of the department or the trustees and the income and operations of the department and the Heritage Trust Program are exempt from taxation or assessment by the State or its political subdivisions. /

Amend the bill, further, Section 51-17-360 as found in SECTION 2B, by deleting the section in its entirety and inserting:

/   Section 51-17-360.   The authority to issue Heritage Trust Revenue Bonds under this article shall expire two years after the effective date of this article; provided, however, this two-year limitation does not apply to bonds issued to retire bond anticipation notes, bonds issued to refund any bonds issued hereunder, and any bonds issued before this two-year limitation takes effect shall continue in full force and effect as provided in this article." /

Amend the bill, further, SECTIONS 4 and 5 as found on page 7 by deleting SECTION 4 and SECTION 5 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.

S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, Anderson and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF A TAX MUST BE LEVIED TO PAY FOR A DEFICIENCY OF THE PRECEDING YEAR, ANY CATASTROPHIC EVENT OUTSIDE THE CONTROL OF THE GOVERNING BODY, OR COMPLIANCE WITH A COURT ORDER OR DECREE, THE AMOUNT OF TAX PAID BY A TAXPAYER MUST BE LISTED ON THE TAX STATEMENT AS A SEPARATE SURCHARGE AND NOT INCLUDED WITH A GENERAL MILLAGE INCREASE; AND PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF THIS STATE, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE

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

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

S. 1050 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant, Setzler and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FAMILY COURT REFORM ACT OF 2006", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, SO AS TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE CLERK OF COURT UNLESS

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1A (JUD1050.020) proposed by Senator MESCHER and previously printed in the Journal of Wednesday, March 1, 2006.

On motion of Senator RITCHIE, with unanimous consent, Amendment No. 1A was carried over.

Senators SHORT and HUTTO proposed the following Amendment No. 2A (JUD1050.021), which was tabled:

Amend the bill, as and if amended, pages 4 and 5, by striking Section 20-3-130(A) in its entirety, beginning on line 36 of page 4 and ending on line 4 of page 5, and inserting therein the following:

/   "Section 20-3-130.   (A)   In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently. No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement, or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties the convening of a temporary hearing. /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

Senator THOMAS spoke on the amendment.

At 12:12 P.M., Senator MARTIN assumed the Chair.

Senator THOMAS continued speaking on the amendment.

Senator RITCHIE spoke on the amendment.

Senator SHEHEEN spoke on the amendment.

Senator THOMAS moved to lay the amendment on the table.

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

Alexander                 Bryant                    Campsen
Courson                   Cromer                    Fair
Gregory                   Grooms                    Hawkins
Hayes                     Knotts                    Lourie
Malloy                    Martin                    McGill
Mescher                   Moore                     O'Dell
Peeler                    Reese                     Richardson
Ryberg *                  Scott                     Setzler
Sheheen                   Thomas                    Verdin

Anderson                  Cleary                    Ford
Hutto                     Jackson                   Land
Leatherman                Leventis                  Matthews
McConnell                 Patterson                 Pinckney
Rankin                    Ritchie                   Short
Williams

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

The amendment was laid on the table.

On motion of Senator McCONNELL, debate was interrupted by adjournment.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 1084 (Word version) -- Senators McConnell, Ritchie, Bryant, Campsen, Ford, Ryberg and Knotts: A BILL TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.

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

On motion of Senator RITCHIE, with unanimous consent, the Bill was read the third time, passed and ordered sent to the House of Representatives.

On motion of Senator KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of 1st Lt. Almar LaRon Fitzgerald, 23, of Lexington, S.C., who served honorably in the Marine Corps and lost his life on February 21, 2006, in the line of duty while serving in Iraq.

At 12:54 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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