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 strange words from St. Mark (Chapter 10:50):

"Have salt in yourselves, and have peace   with one another."

Let us pray.

Father, as we contemplate the interesting words of St. Mark, we understand that it doesn't mean that we should necessarily be irritating, but that we should add flavor and a saving quality to life.

Keep us from growing stale!

Preserve our zest for living!

Help us to find the joy of discovery and the ecstasy of achievement when faith becomes sight.
Amen!

At 12:05 P.M., on motion of Senator LEVENTIS, the Senate receded from business pending the presence of a quorum.

At 12:10 P.M., a quorum being present, the Senate resumed.

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

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, at the conclusion of the Joint Assembly, the Senate would stand adjourned to meet tomorrow at 2:00 P.M. on Wednesday, March 8, 2006.

The following was received and referred to the appropriate committee for consideration:

Senator SHEHEEN introduced Dr. John B. Dubose of Camden, S.C., Doctor of the Day.

On motion of Senator McCONNELL, at 12:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for the week.

The following were introduced:

S. 1216 (Word version) -- Senator Short: A SENATE RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF COUNCILMAN WILLIAM "BILL" WESTBROOK OF CHESTER COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 1217 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SENATE UPON THE PASSING OF COUNTY COUNCILMAN GEORGE "BUNNY" GUY, SR. OF CHESTER COUNTY AND TO CONVEY TO HIS FAMILY AND MANY FRIENDS DEEPEST SYMPATHY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1218 (Word version) -- Senators Alexander, Martin and Sheheen: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS

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

S. 1219 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 40-59-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES OF RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO REVISE THE AMOUNT OF THE BOND REQUIRED OF A PERSON HOLDING THESE LICENSES.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1220 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 40-11-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PRACTICES AND PENALTIES IN REGARD TO CONTRACTORS, SO AS TO MAKE IT UNLAWFUL TO FALSELY AND DECEITFULLY OBTAIN MONEY OR OTHER THING OF VALUE FROM ANOTHER PERSON WITH INTENT TO DEFRAUD THAT PERSON WHEN OFFERING TO PERFORM SERVICES AS A CONTRACTOR AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 40-11-370, AS AMENDED, RELATING TO THE UNLAWFUL USE OF THE TERM "LICENSED CONTRACTOR", SO AS TO LIMIT THE AMOUNT OF THE CONTRACT PRICE A LICENSED CONTRACTOR MAY RECEIVE BEFORE CONSTRUCTION BEGINS AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1221 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 40-59-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PRACTICES AND PENALTIES IN REGARD TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO MAKE IT UNLAWFUL TO FALSELY AND DECEITFULLY OBTAIN MONEY OR OTHER THING OF VALUE FROM ANOTHER PERSON WITH INTENT TO DEFRAUD THAT PERSON WHEN OFFERING TO PERFORM

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

S. 1222 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 40-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO REVISE EXISTING DEFINITIONS AND ADD NEW DEFINITIONS RELATING TO GENERAL AND MECHANICAL CONTRACTORS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1223 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE WOMAN'S CLUB OF WEST COLUMBIA AND ALL OF THE PRESENT AND PAST MEMBERS OF THIS WONDERFUL ORGANIZATION WHICH HAS DONE SO MUCH TO BENEFIT ITS COMMUNITY UPON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO EXTEND TO THE WOMAN'S CLUB OF WEST COLUMBIA VERY BEST WISHES FOR ONE HUNDRED MORE YEARS OF SERVICE TO THE INDIVIDUALS AND FAMILIES OF THE WEST COLUMBIA COMMUNITY.
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The Senate Resolution was adopted.

S. 1224 (Word version) -- Senator Hawkins: A SENATE RESOLUTION CONGRATULATING THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND GOALBALL TEAM FOR WINNING THE UNITED STATES ASSOCIATION OF BLIND ATHLETES' 2005 YOUTH NATIONAL GOALBALL CHAMPIONSHIP IN A

The Senate Resolution was adopted.

S. 1225 (Word version) -- Senator Hawkins: A SENATE RESOLUTION CONGRATULATING THE MEMBERS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND AREA 12 SPECIAL OLYMPICS SOCCER TEAM AND AREA 12 SPECIAL OLYMPICS GYMNASTS FOR WINNING GOLD MEDALS, AND WISHING THEM MUCH SUCCESS AS THEY COMPETE AT THE NATIONAL LEVEL THIS SUMMER IN AMES, IOWA.
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The Senate Resolution was adopted.

H. 4747 (Word version) -- Reps. Funderburk, Harrison, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE REGINALD I. LLOYD OF KERSHAW COUNTY UPON HIS HISTORIC APPOINTMENT AS UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA AND TO HONOR HIM FOR HIS CONTINUED COMMITMENT OF SERVICE TO THE STATE.

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

H. 4748 (Word version) -- Reps. F. N. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND ROY NELSON PEA OF CAPITAL HEIGHTS, MARYLAND, AND FORMERLY OF SOUTH CAROLINA, FOR A LIFETIME OF SERVICE TO HIS FELLOW MAN AND ESPECIALLY TO THOSE LESS FORTUNATE THROUGH COUNTLESS ACTS OF KINDNESS AND SERVICE.

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

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

S. 142 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-1210 OF THE 1976 CODE, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, TO ALLOW A BOARD

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:

H. 3591 (Word version) -- Reps. Brady, J.E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E.H. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND

Ordered for consideration tomorrow.

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

H. 4556 (Word version) -- Reps. Sinclair, Anthony, Mitchell, Davenport, Littlejohn, Mahaffey, Talley and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-323 SO AS TO PROVIDE THAT NO MORE THAN FIFTY PERCENT OF THE WASTE RECEIVED BY A REGIONAL SOLID WASTE LANDFILL IN SPARTANBURG COUNTY, INITIALLY PERMITTED AFTER JUNE 30, 2006, MAY BE GENERATED OUTSIDE OF SPARTANBURG COUNTY.

Ordered for consideration tomorrow.

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

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

H. 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.

By prior motion of Senator SHORT

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

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

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.

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.

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 STANDING TIMBER 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.

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

H. 4015 (Word version) -- Rep. White: A BILL TO AMEND SECTIONS 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, AND 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE AND FOR CHANGE IN SUPERVISING PHYSICIAN; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS AND CLARIFY APPEARANCES IN THE APPLICATION PROCESS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION; TO CLARIFY THE REQUIREMENTS FOR OFF-SITE PRACTICE; TO PROVIDE THAT PATIENT CHARTS FOR PATIENTS SEEN BY A PHYSICIAN ASSISTANT IN A SUPERVISOR'S ABSENCE MUST BE REVIEWED BY THE SUPERVISING PHYSICIAN OR ALTERNATE WITHIN FIVE WORKING DAYS AND TO PROVIDE AN EXCEPTION; TO PROVIDE LIMITED CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY; TO CLARIFY THAT THE PHYSICIAN ASSISTANT PRACTICE IS LIMITED TO THE SUPERVISING PHYSICIAN'S SCOPE OF PRACTICE; TO PROVIDE REFERENCES; TO CHANGE CERTAIN REFERENCES FROM BOARD TO COMMITTEE; AND TO PROVIDE THAT MONETARY FEES MAY BE DECREASED OR INCREASED BIENNIALLY FOR PHYSICIAN ASSISTANTS.

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

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 THE 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.

S. 985 (Word version) -- Senators Leatherman, Leventis and Pinckney: 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 SECTION 6-1-530(A) AND POLICE, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY-PREPAREDNESS OPERATIONS DIRECTLY ATTENDANT TO THOSE FACILITIES.

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 (985R002.WHO), which was adopted:

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

/     SECTION   1.   Section 6-1-530(B) of the 1976 Code is amended to read:

"(B)(1)     In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the local accommodations tax authorized in this article may also be used for the operation and maintenance of those

(2)   In a county in which less than nine hundred thousand dollars in accommodations taxes is collected annually, an amount not to exceed twenty percent of the revenue in the preceding fiscal year of the local accommodations tax authorized in this article may also be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities."

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

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. 985 (Word version) -- Senators Leatherman, Leventis and Pinckney: 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 SECTION 6-1-530(A) AND POLICE, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY-PREPAREDNESS OPERATIONS DIRECTLY ATTENDANT TO THOSE FACILITIES.

Senator O'DELL asked unanimous consent to give the Bill a third reading on the next legislative day.

Senator RICHARDSON objected.

S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

Senator SHEHEEN objected to further consideration of the Bill.

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.

Senator ALEXANDER explained the Bill.

On motion of Senator HUTTO, with unanimous consent, the Bill was carried over.

S. 1145 (Word version) -- Senators Martin, McConnell, Ford, Knotts, Jackson and Malloy: A BILL 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 ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE STATE'S RESPONSIBILITIES UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (UOCAVA); TO AMEND SECTION 7-13-50, RELATING TO SECOND AND OTHER PRIMARIES, SO AS TO PROVIDE THAT A SECOND PRIMARY, WHEN NECESSARY, MUST BE HELD TWO WEEKS AFTER THE FIRST PRIMARY FOR STATE AND LOCAL OFFICES AND FOUR WEEKS AFTER THE FIRST PRIMARY FOR FEDERAL OFFICES; AND TO AMEND ARTICLE 5, CHAPTER 15 OF TITLE 7 BY ADDING SECTION 7-15-405, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE A SPECIAL SECOND

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over.

H. 3993 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.

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

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.

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

S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH

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 (JUD1116.001), which was adopted:

Amend the bill, as and if amended, pages 3-5, by striking SECTIONS 1-3 and inserting:

/   SECTION   1.   Chapter 3, Title 23 of the 1976 Code is amended by adding:

Section 23-3-810.   (A)   The Special Investigations Unit is established within the South Carolina Law Enforcement Division. In accordance with Article 1, Chapter 35, Title 43, the unit shall receive all allegations of abuse, neglect, and exploitation of vulnerable adults in facilities operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs and shall investigate those reports in which there are allegations or evidence of criminal conduct. The unit shall refer those reports in which there are no allegations or evidence of criminal conduct to the Long Term Care Ombudsman Program for investigation in accordance with Article 1, Chapter 35, Title 43. The unit also shall investigate vulnerable adult fatalities as provided for in Article 5, Chapter 35, Title 43.

(B)   Upon conclusion of its investigation of abuse, neglect, or exploitation of a vulnerable adult, the unit shall:

(1)   refer the case to the circuit solicitor in the appropriate jurisdiction, if the unit finds that there is sufficient evidence to determine probable cause that a crime has been committed;

(2)   in the case of a vulnerable adult fatality, further investigate the fatality in accordance with Article 5.

(C)   The unit also shall:

(1)   establish a toll-free number, which must be operated twenty-four hours a day, seven days a week;

(2)   develop and provide training to law enforcement personnel, facility staff, the Long Term Care Ombudsman, and the Adult Protective Services Program about investigation and prosecution of abuse and neglect of vulnerable adults;

(3)   annually report to the Governor, the General Assembly, Protection and Advocacy for People with Disabilities, Inc., the Long Term Care Ombudsman, and the Directors of the Departments of

(D)   For purposes of this section 'vulnerable adult' has the same meaning as defined in Section 43-35-10."

SECTION   2.   Section 43-35-10(4) and (5) of the 1976 Code, as added by Act 110 of 1993, are amended to read:

"(4)   'Facility' means a nursing care facility, community residential care facility, a psychiatric hospital, or a facility any residential program operated or contracted for operation by the State Department of Mental Health or the South Carolina Department of Mental Retardation Department of Disabilities and Special Needs.

(5)   'Investigative entity' means the Long Term Care Ombudsman Program, the Special Investigations Unit of the South Carolina Law Enforcement Division, local law enforcement, or the Adult Protective Services Program in the Department of Social Services."

SECTION   3.   Section 43-35-15 of the 1976 Code, as added by Act 110 of 1993, is amended to read:

"Section 43-35-15.   (A)   The Long Term Care Ombudsman Program shall investigate or cause to be investigated reports of alleged abuse, neglect, and exploitation of vulnerable adults occurring in facilities, except those facilities provided for in subsection (B). However, the Long Term Care Ombudsman Program shall refer all reports of abuse, neglect, and exploitation to the appropriate law enforcement agency if there is an indication of criminal conduct. The Long Term Care Ombudsman Program may develop policies, procedures, and memoranda of agreement to be used in reporting these incidents and in furthering its investigations. The Long Term Care Ombudsman Program must not delegate its responsibility to investigate reports of alleged abuse, neglect, and exploitation to the facilities or to the entities that operate or contract for the operation of the facilities. Nothing in this chapter precludes the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors from performing administrative responsibilities and ensuring compliance with applicable state and federal requirements.

(B)   The Special Investigations Unit, South Carolina Law Enforcement Division, created pursuant to Section 23-3-810, shall receive all reports of alleged abuse, neglect, and exploitation in facilities operated or contracted for operation by the Department of

(C)   The Adult Protective Services Program, Department of Social Services, shall investigate or cause to be investigated reports of alleged abuse, neglect, and exploitation of vulnerable adults occurring in all settings other than facilities and where appropriate, provide protective services those facilities for which the Long Term Care Ombudsman Program or the Special Investigations Unit are responsible for the investigation pursuant to this section. However, the Adult Protective Services Program shall refer all reports of abuse, neglect, and exploitation to the appropriate law enforcement agency if there is an indication of criminal conduct. The Adult Protective Services Program may promulgate regulations and develop policies, procedures, and memoranda of agreement to be used in reporting these incidents, in furthering its investigations, and in providing protective services."/

Amend the bill further, as and if amended, pages 6-8, by striking SECTIONS 5-7 and inserting:

/   SECTION   5.   Section 43-35-25 of the 1976 Code, as added by Act 110 of 1993, is amended to read:

"Section 43-35-25.   (A)   A physician, nurse, dentist, optometrist, medical examiner, coroner, other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher, counselor, psychologist, mental health or mental retardation specialist, social or public assistance worker, caregiver, staff or volunteer of an adult daycare center or of a facility, or law enforcement officer having reason to believe that a vulnerable adult has been or is likely to be abused, neglected, or exploited shall report the incident in accordance with this section. Any other person who has actual knowledge that a vulnerable adult has been abused, neglected, or exploited shall report the incident in accordance with this section.

(B)   Except as provided in subsection (A), any other person who has reason to believe that a vulnerable adult has been or may be abused, neglected, or exploited may report the incident.

(C)   A person required to report pursuant to this section is personally responsible for making the report; however, a state agency may make a report on behalf of an agency employee if the procedure the agency uses for reporting has been approved in writing by the investigative entity to which the report is to be made.

(D)   A person required to report under this section must report the incident within twenty-four hours or the next business day. A report must be made in writing or orally by telephone or otherwise to:

(1)   the Long Term Care Ombudsman Program for incidents occurring in facilities, except those facilities provided for in item (2); and

(2)   the Special Investigations Unit for incidents occurring in facilities operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs; and

(3)   to the Adult Protective Services Program for incidents occurring in all other settings.

(E)   In the event If an investigative entity receives a report which that is not within its investigative jurisdiction, it the investigative entity shall forward the report to the appropriate investigative entity not later than the next business day. In all incidents where the allegation of abuse, neglect, or exploitation may be criminal and the incident did not occur in a facility operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs, a report must be made in accordance with Section 43-35-40 to the appropriate law enforcement agency.

(E)(F)   No facility may develop policies or procedures that interfere with the reporting requirements of this section.

(F)(G)   Provided the mandatory reporting requirements of this section are met, nothing in this section precludes a person from also reporting directly to law enforcement, and in cases of an emergency, law enforcement must also be contacted."

SECTION   6.   Section 43-35-35 of the 1976 Code, as added by Act 110 of 1993, is amended to read:

"Section 43-35-35.   (A)   A person required to report or investigate cases under this chapter who has probable cause to believe that a vulnerable adult died as a result of abuse or neglect shall report the death and suspected cause of death to the coroner or medical examiner. The coroner or medical examiner shall conduct an investigation and

(B)   All deaths involving a vulnerable adult in a facility operated or contracted for operation by the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors must be referred to the Special Investigations Unit for investigation in accordance with Article 5."

SECTION   7.   Section 43-35-40 of the 1976 Code, as added by Act 110 of 1993, is amended to read:

"Section 43-35-40.   Upon receiving a report, the investigative entity Long Term Care Ombudsman Program and the Adult Protective Services Program promptly shall initiate an investigation and within two business days of receiving the report must review the report for the purpose of reporting to law enforcement those cases requiring involvement of law enforcement which indicate criminal conduct. A report to law enforcement must be made within one business day of completing the review. The law enforcement agency shall initiate an incident report and provide, upon request, a copy to an entity conducting an investigation pursuant to this chapter or any other provision of state or federal law."   /

Amend the bill further, as and if amended, pages 11-13, by striking Section 43-35-560 in its entirety and inserting:

/   Section 43-35-560.   (A)   There is created within the State Law Enforcement Division the Vulnerable Adults Fatalities Review Committee, which is under the supervision of the Director of the Special Investigations Unit, and is composed of:

(1)   the Director of the South Carolina Department of Social Services;

(2)   the Commissioner of the South Carolina Department of Health and Environmental Control;

(3)   the Executive Director of the South Carolina Criminal Justice Academy;

(4)   the Director of the Special Investigations Unit at the State Law Enforcement Division;

(5)   the Director of the South Carolina Department of Alcohol and Other Drug Abuse Services;

(6)   the Director of the South Carolina Department of Mental Health;

(7)   the Director of the South Carolina Department of Disabilities and Special Needs;

(8)   the Director of the Office on Aging;

(9)   the Executive Director of Protection and Advocacy for People with Disabilities, Inc;

(10)   two representatives from two county board of disabilities and special needs established pursuant to Section 44-20-375;

(11)   a county coroner or medical examiner;

(12)   an attorney with experience in prosecuting crimes against vulnerable adults;

(13)   a physician with experience in treating vulnerable adults, appointed from recommendations submitted by the South Carolina Medical Association;

(14)   a solicitor;

(15)   a forensic pathologist; and

(16)   two members of the public at large, one of whom must represent a private nonprofit community residential care facility and one whom must represent a public for profit community residential care facility, both of which must provide services to vulnerable adults.

(B)   Those members enumerated in items (1) through (10) shall serve ex officio and may appoint a designee, who has administrative or program responsibilities for vulnerable adults, to serve in their place from their particular departments or agencies. The remaining members, including the coroner or medical examiner and solicitor, who shall serve ex officio, must be appointed by the Governor for terms of four years and until their successors are appointed and qualify.

(C)   A chairman and vice-chairman of the committee must be elected from among the members by a majority vote of the membership for a term of two years.

(D)   Meetings of the committee must be held at least quarterly. A majority of the committee constitutes a quorum.

(E)   Each ex officio member shall provide sufficient staff and administrative support to carry out the responsibilities of this article./

Amend the bill further, as and if amended, page 16, by striking SECTION 12 and inserting:

/   SECTION   12.   Section 44-7-2910(B)(1) of the 1976 Code, as added by Act 242 of 2002, is amended by adding at the end:

"(e)   a residential program operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over, as amended.

H. 3922 (Word version) -- Reps. Witherspoon, Ott, Umphlett, Barfield, Cato, Bailey, Hagood, Bowers, Hardwick and Neilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 18 SO AS TO ENACT THE "MERCURY SWITCH REMOVAL ACT OF 2005" IN ORDER TO ACHIEVE REDUCTIONS OF MERCURY IN THE ENVIRONMENT THROUGH REMOVAL AND COLLECTION OF MERCURY SWITCHES FROM MOTOR VEHICLES WEIGHING LESS THAN TWELVE THOUSAND POUNDS; TO PROVIDE THAT EVERY MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE TO WHICH THIS CHAPTER APPLIES SHALL DEVELOP A MERCURY MINIMIZATION PLAN TO BE FILED WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR CERTAIN COSTS WITH REGARD TO THE COLLECTION AND RECOVERY OF MERCURY SWITCHES TO BE PAID BY THE VEHICLE MANUFACTURER; TO PROVIDE FOR OTHER RELATED PROVISIONS PERTAINING TO THE RECYCLING, STORAGE, AND DISPOSAL OF MERCURY SWITCHES, INCLUDING DESIGNATING MERCURY SWITCHES AS UNIVERSAL WASTE AND REQUIRING THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE MANAGEMENT OF THESE SWITCHES; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Senator HAYES proposed the following amendment (NBD\ 12232AC06), which was adopted:

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

/SECTION   2.   Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3525.   A vehicle recycler or scrap recycling facility, as defined in Section 44-96-185, participating in the End-of-Life Vehicle Solutions (ELVS) Program, authorized pursuant to Section 44-96-185, is entitled to a credit in the amount of $2.50 for each mercury switch collected and submitted for disposal in accordance with the ELVS program. These credits may be used to reduce the taxpayer's corporate income tax liability imposed pursuant to Section 12-6-530 or corporate license fees imposed pursuant to Section 12-20-50. Any unused credits may be carried forward to subsequent taxable years until these credits are exhausted."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

On motion of Senator HAYES, with unanimous consent, the Bill was carried over, as amended.

The PRESIDENT appointed Senators KNOTTS, SETZLER, CAMPSEN, HAYES, THOMAS and ANDERSON to escort the Honorable Thomas L. Bock, National Commander of the American Legion, and members of his party to the House of Representatives for the Joint Assembly.

At 12:25 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:30 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

S. 1067 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS L. BOCK, TO ADDRESS

The Honorable Thomas L. Bock and members of his party were escorted to the rostrum by Senators KNOTTS, SETZLER, CAMPSEN, HAYES, THOMAS and ANDERSON and Representatives T. Pitts, Clark, Hosey, Battle, Miller and McLeod.

The PRESIDENT of the Senate introduced the Honorable Thomas L. Bock, National Commander of the American Legion.

Commander Bock addressed the Joint Assembly.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

On motion of Senator CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Rodges Martin of Surfside Beach, S.C.

At 12:54 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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