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

Printed Page 1145 . . . . . Thursday, March 9, 2006

Thursday, March 9, 2006
(Statewide Session)


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 wonderful words from the Old Testament, 2 Chronicles 20:21:

"... Give thanks to the Lord, for His faithful love endures forever!"

Let us pray.

Lord, God, we do thank You for Your love and Your faithfulness. Help us each day to show love to our colleagues and our fellowman in all that we do. But even more, help us to be faithful to our people and to ourselves and to You!
Amen!

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointment

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Norman Richard Watkins, Jr., 1780 Meadowdale Rd., Rock Hill, S.C. 29732

Statewide Appointments

Initial Appointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2003, and to expire July 1, 2007

1st Congressional District:

Reginald B. Salisbury, 2097 Cypress Camp Ground, Ridgeville, S.C. 29472 VICE Charles Youngblood (deceased)

Referred to the General Committee.

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Initial Appointment, South Carolina Board of Probation, Parole & Pardon Services, with term to commence March 15, 2006, and to expire March 15, 2012

At-Large:

Karen A. Walto, 29040 Snapper Point, Tega Cay, S.C. 29708 VICE Marlene McClain

Referred to the Committee on Corrections and Penology.

Doctor of the Day

Senator ALEXANDER introduced Dr. T. Edwin Evans of Seneca, S.C., Doctor of the Day.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

S. 1104--CO-SPONSOR ADDED

S. 1104 (Word version) -- Senators Thomas, Ford, Malloy and Williams: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIVE DISMISSAL BY A COURT OF A PROSECUTION FOR A DISHONORED CHECK UPON RESTITUTION, SO AS TO MAKE THE DISMISSAL MANDATORY; AND TO AMEND SECTION 34-11-100, RELATING TO THE EFFECT OF PAYMENT OF A DISHONORED CHECK AFTER THE INITIATION OF PROSECUTION, SO AS TO PROVIDE THAT PAYMENT IS GROUNDS FOR DISMISSAL OF THE CHARGES.

On motion of Senator ANDERSON, with unanimous consent, the name of Senator ANDERSON was added as a co-sponsor of S. 1104.

RECALLED

H. 4699 (Word version) -- Reps. Jennings, 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, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee,

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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 INVITING THE WINNERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 26, 2006, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.

There was no objection.

Ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1235 (Word version) -- Senators McConnell and Alexander: A SENATE RESOLUTION AUTHORIZING THE SOCIETY OF THE CINCINNATI OF THE STATE OF SOUTH CAROLINA TO USE THE SENATE CHAMBER ON SATURDAY, JUNE 24, 2006, AT 11:00 O'CLOCK A.M., FOR ITS ANNUAL STATE MEETING.
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The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 1236 (Word version) -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND TOM FAZIO, ONE OF THE UNITED STATES' MOST RESPECTED AND WELL-KNOWN

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GOLF COURSE DESIGNERS, FOR AN UNPARALLELED CAREER THAT HAS MADE HIM INTERNATIONALLY FAMOUS.
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The Senate Resolution was adopted.

S. 1237 (Word version) -- Senators Jackson, Moore, Malloy, Ford, Anderson, Ryberg and Pinckney: A CONCURRENT RESOLUTION TO HONOR THE RICH HISTORY OF SILVER BLUFF BAPTIST CHURCH AT SILVER BLUFF IN AIKEN COUNTY, THE OLDEST BLACK CHURCH IN AMERICA, AND TO RECOGNIZE THE GREAT WORKS OF THE CHURCH AND ITS LEADERS OVER THE PAST TWO HUNDRED FIFTY YEARS IN SPREADING THE WORD OF GOD AND SERVING AS THE SPIRITUAL ESSENCE OF BLACK HISTORY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1238 (Word version) -- Senators McConnell, Moore, Rankin, Drummond, Land, Setzler, Leatherman, Peeler, Matthews, McGill, O'Dell, Elliott, Martin, Mescher, Ryberg, Short, Alexander, Grooms, Richardson, Verdin and Cromer: A BILL TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO JOINTLY OWN A NUCLEAR POWER STATION AND RELATED TRANSMISSION FACILITIES WITH THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY ON A SITE AT OR NEAR PARR SHOALS IN FAIRFIELD COUNTY, SO AS TO CONFIRM THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY OWNED BY THE PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.
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Read the first time and referred to the Committee on Judiciary.

S. 1239 (Word version) -- Senators Campsen, Bryant, Cromer, Fair, Grooms, Knotts, Martin, McConnell, Peeler, Scott and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-145 SO AS TO PROVIDE THAT NO FOREIGN-OWNED OR CONTROLLED CORPORATION OR OTHER ENTITY MAY BE PERMITTED BY CONTRACT TO ENGAGE IN

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MANAGEMENT ACTIVITIES RELATING TO PORT OPERATIONS IN ANY PORT OF THIS STATE WITHOUT THE APPROVAL OF THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT ANY CONTRACTUAL AGREEMENT EXECUTED BETWEEN THE SOUTH CAROLINA STATE PORTS AUTHORITY AND A CORPORATION OR OTHER ENTITY TO ENGAGE IN MANAGEMENT ACTIVITIES RELATING TO PORT OPERATIONS AT ANY PORT OF THIS STATE, MUST CONTAIN A PROVISION WHICH PROVIDES THAT THE BUDGET AND CONTROL BOARD MUST APPROVE OF THE CONTINUATION OF THE CONTRACT IF THE CORPORATION OR OTHER ENTITY BECOMES FOREIGN-OWNED OR CONTROLLED OR IF THE CONTRACT IS ASSIGNED TO A FOREIGN-OWNED OR CONTROLLED CORPORATION OR ENTITY.
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Read the first time and referred to the Committee on Transportation.

S. 1240 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PROFESSIONAL BONDSMAN'S MAINTENANCE OF SECURITY DEPOSITS WITH THE CLERK OF COURT, SO AS TO REVISE THE AMOUNT A PROFESSIONAL BONDSMAN SHALL MAINTAIN AS A DEPOSIT WITH A CLERK OF COURT, AND TO REQUIRE THAT THE MINIMUM AMOUNT OF THIS COLLATERAL MUST BE TWENTY-FIVE THOUSAND DOLLARS IN CASH.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1241 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO INCLUDE THAT IT IS ILLEGAL TO CONFINE OR RESTRICT THE MOVEMENT OF AN ANIMAL IN A WAY THAT INFLICTS EXTENDED AND UNNECESSARY SUFFERING UPON AN ANIMAL.
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Read the first time and ordered placed on the Calendar without reference.

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S. 1242 (Word version) -- Senators Knotts, Setzler and Cromer: A SENATE RESOLUTION TO CONGRATULATE THE BATESBURG-LEESVILLE HIGH SCHOOL FOOTBALL TEAM OF LEXINGTON COUNTY ON ITS MOST IMPRESSIVE CAPTURING OF THE CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACHING STAFF, LED BY HEAD COACH COURTNEY MCINNIS, ON AN UNFORGETTABLE SEASON.
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The Senate Resolution was adopted.

S. 1243 (Word version) -- Senators Rankin, Bryant, Peeler, Setzler, Knotts, Land, Williams, Cromer, Hutto, Elliott, Scott, Richardson, Ritchie, Short and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-260 SO AS TO PROVIDE FOR THE PREPARATION AND SUPERVISION OF THE CLOSING DOCUMENTS AND THE CLOSING OF A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN, AND TO EXEMPT THE TRANSACTION FROM THE ATTORNEY PREFERENCE REQUIREMENT IN THE CONSUMER PROTECTION CODE IF THE CLOSING DOCUMENTS CONTAIN A CONSPICUOUS DISCLOSURE TO A PARTY TO A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN OF THE NEED TO UNDERSTAND HIS RIGHTS AND OBLIGATIONS PURSUANT TO THE CLOSING DOCUMENTS; AND TO AMEND SECTION 27-32-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH A VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF "CONTRACT".
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Read the first time and referred to the Committee on Judiciary.

H. 4421 (Word version) -- Reps. Chellis, Young, Bailey, Harrell, Harrison and Miller: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS UPON A FAVORABLE REFERENDUM VOTE, SO AS TO PROVIDE THAT TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AUTHORIZED TO BE ISSUED IN A COUNTY OR MUNICIPALITY PURSUANT TO THE REFERENDUM

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PROVIDED FOR AT THAT TIME MAY CONTINUE TO BE ISSUED OR REISSUED WITHOUT THE REQUIREMENT OF A FURTHER REFERENDUM.

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

H. 4517 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO INCLUDE IN ITS JURISDICTION A FINAL DECISION OF AN AGENCY OR OF AN ADMINISTRATIVE LAW JUDGE IF PROVIDED BY LAW; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41, RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.

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

H. 4671 (Word version) -- Reps. G. M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE

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CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DECISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM FOR THE TERMS "HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED
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WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.

Read the first time and, on motion of Senator SHEHEEN, with unanimous consent, H. 4671 was ordered placed on the Calendar without reference.

H. 4685 (Word version) -- Reps. Jefferson, Hinson, Limehouse, Merrill and Umphlett: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE IN BERKELEY COUNTY THAT FORMS THE BOUNDARY BETWEEN LAKE MARION AND LAKE MOULTRIE ALONG SOUTH CAROLINA HIGHWAY 45 THE "AMOS NATHANIEL ROGERS BRIDGE", AND ERECT APPROPRIATE

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MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "AMOS NATHANIEL ROGERS BRIDGE".

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

H. 4758 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS TO PAY DEBT SERVICE ON OR OTHERWISE DEFRAY THE COST OF CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE LEE COUNTY COUNCIL, TO PROVIDE FOR THE IMPOSITION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THIS TAX, AND TO EXEMPT FROM THE TAX FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.

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

REPORTS OF STANDING COMMITTEES

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 1113 (Word version) -- Senators Malloy, Williams, Scott, Sheheen, Knotts, Cleary, Short, Reese, Anderson, Elliott, Ford, Jackson, Pinckney, Rankin, Land, Hutto, McGill, Hawkins, Matthews and Patterson: A SENATE RESOLUTION REQUESTING THE SENATE BANKING AND INSURANCE COMMITTEE TO CONDUCT OVERSIGHT HEARINGS WITH RESPECT TO THE OPERATIONS AND MANAGEMENT OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND REPORT TO THE SENATE ITS FINDINGS AND ANY RECOMMENDATIONS RESULTING FROM THESE OVERSIGHT HEARINGS.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

H. 4539 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE

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COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 3014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

H. 4540 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3015, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

H. 4541 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

H. 4542 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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Senator COURSON from the Committee on Education submitted a favorable report on:

H. 4543 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE SCHOLARSHIP, SC HOPE SCHOLARSHIP, AND PALMETTO FELLOWS SCHOLARSHIP APPEALS REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 9, 2006

Mr. President and Senators:

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

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.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 608 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO EXPRESS THE STRONG BELIEF OF THE SOUTH CAROLINA

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GENERAL ASSEMBLY THAT THE GENOCIDE IN DARFUR, SUDAN, SHOULD BE ENDED, AND TO EXPRESS SUPPORT FOR SPECIFIC STEPS TO ACCOMPLISH THIS PURPOSE.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 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.

Senator HAYES explained the Bill.

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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 PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED TERRAPIN FOR A COMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.

HOUSE BILL RETURNED

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

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

THIRD READING BILLS

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

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

Printed Page 1159 . . . . . Thursday, March 9, 2006
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.

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.

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, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

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.

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

Motion Under Rule 26B

Senator ALEXANDER requested to take up Amendment No. 1 pursuant to the provisions of Rule 26B.

There was no objection and Amendment No. 1 was taken up for immediate consideration.

Printed Page 1160 . . . . . Thursday, March 9, 2006

Amendment No. 1

Senators RITCHIE and SHEHEEN proposed the following amendment (S-798), which was adopted:

Amend the bill, as and if amended, page 1 by striking all after the enacting words and inserting:

/   SECTION   1.   Section 41-1-85 of the 1976 Code, as last amended by Act 593 of 1990, is further amended to read:

"Section 41-1-85.   (A)   The use of tobacco products outside the workplace must not be the basis of personnel action, including, but not limited to, employment, termination, demotion, or promotion of an employee.

(B)   An employer may advertise that employees cannot smoke in the workplace and designate in his advertisement that the workplace is a nonsmoking environment."   /

Renumber sections to conform.

Amend title to conform.

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

Senator ALEXANDER explained the amendment.

The amendment was adopted.

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

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 1050 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant and Setzler: 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

Printed Page 1161 . . . . . Thursday, March 9, 2006
ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY

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

Senator LEVENTIS asked unanimous consent to make a motion to substitute Amendment No. 8B for Amendment No. 8, which was previously printed and carried over in the Journal of March 8, 2006.

There was no objection.

Amendment No. 8B

Senator LEVENTIS proposed the following Amendment No. 8B (JUD1050.029), which was adopted:

Amend the bill, as and if amended, page 14, by adding an appropriately numbered SECTION after line 16 to read:

/   SECTION ___.   Subarticle 3, Article 7, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-572.   (A)   If the department determines that an allegation of child abuse or neglect was unfounded, the person who is the alleged perpetrator in the report of abuse or neglect may petition the court to release the identity of the person making the report. However, such a petition may only be heard if the person who made the report was not required to report pursuant to Section 20-7-510(A).

(B)   If the petition can be heard in accordance with subsection (A) of this section, the court shall order the department to release the name of the person who made the report if the court finds that the report was made maliciously or in bad faith. The court may find malice or bad faith if it finds that:

(1)   there was no basis in fact for the person making the report to believe that the child's physical or mental health or welfare was or may have been adversely affected by abuse or neglect;

(2)   the impetus for making the report was other than a belief that the child's physical or mental health or welfare was or may have been adversely affected by abuse or neglect; or

(3)   the impetus for making the report was to gain an advantage in a judicial proceeding."       /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

Printed Page 1162 . . . . . Thursday, March 9, 2006

The amendment was adopted.

Senator RITCHIE spoke on the Bill.

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

SECOND READING BILLS

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

S. 1232 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3040, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4708 (Word version) -- Reps. Bowers, Hodges and R. Brown: A BILL TO AMEND SECTION 57-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROADSIDE VEGETATION MANAGEMENT ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ALSO APPLY TO ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 95 BETWEEN MILE MARKERS 54 AND 58.

AMENDED, READ THE SECOND TIME

S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts and Sheheen: TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ESTABLISHING THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, TO AMEND DEFINITIONS IN THE OMNIBUS ADULT PROTECTION ACT, SO "FACILITY" INCLUDES CERTAIN RESIDENTIAL PROGRAMS AND "INVESTIGATIVE ENTITY" INCLUDES THE SPECIAL INVESTIGATIONS UNIT, TO AMEND

Printed Page 1163 . . . . . Thursday, March 9, 2006
THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, TO CLARIFY THE INVESTIGATIVE RESPONSIBILITIES OF THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM, TO CLARIFY REPORTING RESPONSIBILITIES, TO PROVIDE THAT ALL DEATHS OF A VULNERABLE ADULT IN CERTAIN FACILITIES MUST BE REPORTED TO THE SPECIAL INVESTIGATIONS UNIT; TO PROVIDE THAT A FACILITY'S REQUIRED NOTICES MUST CONTAIN E-MAIL ADDRESSES AND FAX NUMBERS OF THE LONG TERM CARE OMBUDSMAN PROGRAM, THE SPECIAL INVESTIGATIONS UNIT, AND LAW ENFORCEMENT, TO PROVIDE THAT THE SPECIAL INVESTIGATIONS UNIT MAY MAKE REFERRALS TO THE ATTORNEY GENERAL FOR A FAILURE TO EXERCISE REASONABLE CARE IN OPERATING A FACILITY FOR VULNERABLE ADULTS, TO ADD ARTICLE 5 TO CHAPTER 35, TITLE 43 TO PROVIDE FOR THE POWERS AND DUTIES OF THE SPECIAL INVESTIGATIONS UNIT AND TO ESTABLISH THE VULNERABLE ADULT FATALITIES REVIEW COMMITTEE, TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REPORT THE DEATH OF A VULNERABLE ADULT TO THE SPECIAL INVESTIGATIONS UNIT UNDER CERTAIN CIRCUMSTANCES, AND TO REQUIRE RECORDS CHECKS ON DIRECT CAREGIVERS IN CERTAIN RESIDENTIAL PROGRAMS. (ABBREVIATED TITLE)

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

Senators McCONNELL and LOURIE proposed the following amendment (JUD1116.003), which was adopted:

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

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

  "Article 10

Vulnerable Adults Investigations Unit

Section 23-3-810.   (A)   The Vulnerable Adults Investigations Unit is established within the South Carolina Law Enforcement Division.

(B) In accordance with Article 1, Chapter 35, Title 43, the unit shall receive and coordinate the referral of all reports of alleged abuse,

Printed Page 1164 . . . . . Thursday, March 9, 2006
neglect, or 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. The unit shall establish a toll-free number, which must be operated twenty-four hours a day, seven days a week, to receive the reports.

(C) The unit shall investigate or refer to appropriate law enforcement those reports in which there is reasonable suspicion of criminal conduct. The unit also shall investigate vulnerable adult fatalities as provided for in Article 5, Chapter 35, Title 43.

(D) The unit shall refer those reports in which there is no reasonable suspicion of criminal conduct to the appropriate investigative entity for investigation in accordance with Article 1, Chapter 35, Title 43.

(E)   Upon conclusion of a criminal investigation of abuse, neglect, or exploitation of a vulnerable adult, the unit or other law enforcement shall refer the case to the appropriate prosecutor to determine if further action is necessary.

(F) The South Carolina Law Enforcement Division may develop policies, procedures, and memorandum of agreement with other agencies to be used in fulfilling the requirements of this article. However, the South Carolina Law Enforcement Division must not delegate its responsibility to investigate criminal reports of alleged abuse, neglect, and exploitation to the agencies, facilities, or entities that operate or contract for the operation of the facilities. Nothing in this article precludes the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors from performing administrative responsibilities in compliance with applicable state and federal requirements.

(G)   The definitions provided in Section 43-35-10 shall apply to this section."

SECTION   2.   Section 43-35-10(4) and (5) of the 1976 Code is 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 or the Adult Protective Services Program in the Department of Social Services."

SECTION   3.   Section 43-35-15 of the 1976 Code is amended to read:

Printed Page 1165 . . . . . Thursday, March 9, 2006

"Section 43-35-15.   (A)   The Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division shall receive and coordinate the referral of all reports of alleged abuse, neglect, or 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. The unit shall establish a toll-free number, which must be operated twenty-four hours a day, seven days a week, to receive the reports. The unit shall investigate or refer to appropriate law enforcement those reports in which there is reasonable suspicion of criminal conduct. The unit also shall investigate vulnerable adult fatalities as provided for in Article 5, Chapter 35, Title 43. The unit shall refer those reports in which there is no reasonable suspicion of criminal conduct to the appropriate investigative entity for investigation. Upon conclusion of a criminal investigation of abuse, neglect, or exploitation of a vulnerable adult, the unit or other law enforcement shall refer the case to the appropriate prosecutor to determine if further action is necessary. The South Carolina Law Enforcement Division may develop policies, procedures, and memorandum of agreement with other agencies to be used in fulfilling the requirements of this article. However, the South Carolina Law Enforcement Division must not delegate its responsibility to investigate criminal reports of alleged abuse, neglect, and exploitation to the agencies, facilities, or entities that operate or contract for the operation of the facilities. Nothing in this subsection precludes the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors from performing administrative responsibilities in compliance with applicable state and federal requirements.

(B)   The Long Term Care Ombudsman Program shall investigate or cause to be investigated non-criminal reports of alleged abuse, neglect, and exploitation of vulnerable adults occurring in facilities. 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 non-criminal 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 subsection precludes the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors from performing administrative responsibilities in compliance with applicable state and federal requirements. The Long Term Care Ombudsman shall refer reports of abuse, neglect, and exploitation to

Printed Page 1166 . . . . . Thursday, March 9, 2006
the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division if there is reasonable suspicion of criminal conduct.

(C)   The Adult Protective Services Program in the Department of Social Services shall investigate or cause to be investigated non-criminal 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 is responsible for the investigation pursuant to this section. 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. The Adult Protective Services Program shall refer reports of abuse, neglect, and exploitation to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division if there is reasonable suspicion of criminal conduct."

SECTION   4.   Section 43-35-20(1) of the 1976 Code is amended to read:

"(1)   have access to facilities for the purpose of conducting investigations, as otherwise permitted by law;"

SECTION   5.   Section 43-35-25 of the 1976 Code 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 day care 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 Vulnerable

Printed Page 1167 . . . . . Thursday, March 9, 2006
Adults Investigations Unit of the South Carolina Law Enforcement Division or 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 working day. A report must be made in writing or orally by telephone or otherwise to:

(1)   the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division for incidents occurring in facilities operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs;

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

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

(E)   In the event If the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division or an investigative entity receives a report which that is not within its investigative jurisdiction, it the unit or investigative entity shall forward the report to the appropriate unit or investigative entity not later than the next business working day.

(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, serious injury, or suspected sexual assault law enforcement must also be contacted immediately."

SECTION   6.   Sections 43-35-35 and 43-35-40 of the 1976 Code are amended to read:

"Section 43-35-35.   (A)   A person required to report or investigate cases under this chapter who has probable cause reasonable suspicion 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 may conduct or order an autopsy. The coroner or medical examiner must report the investigative findings to law enforcement and the circuit solicitor in the appropriate jurisdiction the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division.

(B)   All deaths involving a vulnerable adult in a facility operated or contracted for operation by the Department of Mental Health, the

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Department of Disabilities and Special Needs, or their contractors must be referred to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division for investigation.

Section 43-35-40.   Upon receiving a report, the investigative entity promptly shall initiate an investigation and within two working days of receiving the report must review the report for the purpose of reporting to law enforcement the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division those cases requiring involvement of law enforcement which indicate reasonable suspicion of criminal conduct. A report to law enforcement the unit must be made within one business working 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."

SECTION   7.   Section 43-35-65 of the 1976 Code, as added by Act 110 of 1993, is amended to read:

"Section 43-35-65.   A facility as defined in Section 43-35-10 shall prominently display notices stating the duties of its personnel under this chapter and contact information, the text of which must be provided by the Long Term Care Ombudsman Program in consultation with the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division. The notices must also include the addresses and telephone numbers of the Long Term Care Ombudsman Program and local law enforcement."

SECTION   8.   Section 43-35-80(A) of the 1976 Code, as added by Act 110 of 1993, is amended to read:

"Section 43-35-80.   (A)   Notwithstanding any regulatory or administrative penalty that may be assessed and in addition to a private civil cause of action that may be brought against a person or facility based on an action or failure to act that otherwise constitutes abuse, neglect, or exploitation under this chapter, the Attorney General, upon referral from the Long Term Care Ombudsman Program or the Vulnerable Adults Investigations Unit, may bring an action against a person who fails through pattern or practice to exercise reasonable care in hiring, training, or supervising facility personnel or in staffing or operating a facility, and this failure results in the commission of abuse, neglect, exploitation, or any other crime against a vulnerable adult in a facility. A person or facility which verifies good standing of the employee with the appropriate licensure or accrediting entity is rebuttably presumed to have acted reasonably regarding the hiring."

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SECTION   9.   Chapter 35, Title 43 of the 1976 Code is amended by adding:

  "Article 5

Vulnerable Adult Fatalities

Section 43-35-500.   In addition to the definitions contained in Section 43-35-10, for purposes of this article:

(1)   'Committee' means the Vulnerable Adult Fatalities Review Committee.

(2)   'Meeting' means both in-person meetings and meetings through telephone conferencing.

(3)   'Preventable death' means a death that reasonable medical, social, legal, psychological, or educational intervention may have prevented.

(4)   'Provider of medical care' means a licensed health care practitioner who provides, or a licensed health care facility through which is provided, medical evaluation or treatment, including dental and mental health evaluation or treatment.

(5)   'SLED' means the South Carolina Law Enforcement Division.

(6)   'Unit' means the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division.

(7)   'Working day' means Monday through Friday, excluding official state holidays.

Section 43-35-510.   It is the policy of this State that:

(1)   Every vulnerable adult is entitled to live in safety and in health.

(2)   Responding to deaths of vulnerable adults is a state and a community responsibility.

(3)   When a vulnerable adult dies, the response by the State and the community to the death must include an accurate and complete determination of the cause of death, the provision of services to surviving family members, and the development and implementation of measures to prevent future deaths from similar causes and may include court action, including prosecution of persons who may be responsible for the death and family court proceedings to protect other vulnerable adults in the care of the responsible person.

(4)   Professionals from disparate disciplines and agencies that have responsibilities for vulnerable adults and expertise that can promote safety and well-being of vulnerable adults should share their expertise and knowledge toward the goals of determining the causes of deaths of vulnerable adults, planning and providing services to nonoffending family members, and preventing future vulnerable adult deaths.

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(5)   A greater understanding of the incidence and causes of deaths of vulnerable adults is necessary if the State is to prevent future vulnerable adult deaths.

(6)   Multi-disciplinary and multi-agency reviews of vulnerable adult deaths can assist the State in the investigation of vulnerable adult deaths, in the development of a greater understanding of the incidence and causes of vulnerable adult deaths and the methods for preventing such deaths, and in identifying gaps in services to vulnerable adults and families.

(7)   Access to information regarding vulnerable adults and their families is necessary to achieve the mandates and purposes of this article.

(8)   Competent investigative services must be sensitive to the needs of South Carolina's vulnerable adults and their families and not be unnecessarily intrusive and should be achieved through training, awareness, and technical assistance.

Section 43-35-520.   The Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division, created pursuant to Section 23-3-810, shall, in addition to its investigation responsibilities under that section or Article 1, investigate cases of vulnerable adult fatalities in facilities operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs.

Section 43-35-530.   Upon receipt of a report of a vulnerable adult death, as required by Section 17-5-555 or Section 43-35-35, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division shall:

(1) investigate and gather all information on the vulnerable adult fatality pursuant to Section 43-35-520. The coroner or medical examiner immediately must request an autopsy if the unit determines that an autopsy is necessary. The autopsy must be performed by a pathologist with forensic training as soon as possible. The forensic pathologist must inform the unit of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the unit. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the unit immediately must begin an investigation;

(2)   request assistance of any other local, county, or state agency to aid in the investigation;

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(3)   upon receipt of additional investigative information, reopen a case for another coroner's inquest;

(4)   upon receipt of the notification required by item (1), review agency records for information regarding the deceased vulnerable adult or family. Information available to the department pursuant to Section 43-35-570 and information that is public under Chapter 4, Title 30, the Freedom of Information Act, must be available as needed to the county coroner or medical examiner, the Long Term Care Ombudsman Program, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division, and the Adult Protective Services Program of the Department of Social Services;

(5)   report the activities and findings related to vulnerable adult deaths to the Vulnerable Adults Fatalities Review Committee; and

(6)   develop a protocol for vulnerable adult death investigations.

Section 43-35-540.   Upon request of the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division and as necessary to carry out the unit's duties, the unit immediately must be provided:

(1)   by a provider of medical care, access to information and records regarding a vulnerable adult whose death is being investigated by the unit or reviewed by the committee;

(2)   access to all information and records maintained by any state, county, or local government agency including, but not limited to, birth certificates, law enforcement investigation data, county coroner or medical examiner investigation data, parole and probation information and records, and information and records of social services and health agencies that provided services to the vulnerable adult or family.

Section 43-35-550.   When necessary in the discharge of the duties of the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division and upon application of the unit, the clerks of court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to any representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the unit's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.

Section 43-35-560.   (A)   There is created a multi-disciplinary Vulnerable Adults Fatalities Review Committee composed of:

Printed Page 1172 . . . . . Thursday, March 9, 2006

(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 Chief of the South Carolina 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 boards 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 of 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.

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(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.

Section 43-35-570.   (A)   The purpose of the Vulnerable Adult Fatalities Review Committee is to decrease the incidence of preventable vulnerable adult deaths by:

(1)   developing an understanding of the causes and incidences of vulnerable adult deaths;

(2)   developing plans for and implementing changes within the agencies represented on the committee which will prevent vulnerable adult deaths; and

(3)   advising the Governor and the General Assembly on statutory, policy, and practice changes that will prevent vulnerable adult deaths.

(B)   To achieve its purpose, the committee shall:

(1)   meet with the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division no later than one month after the unit receives notification by the county coroner or medical examiner pursuant to Section 17-5-555 or Section 43-35-35 to review the investigation of the death;

(2)   undertake annual statistical studies of the incidence and causes of vulnerable adult fatalities in this State. The studies shall include an analysis of community and public and private agency involvement with the decedents and their families before and subsequent to the deaths;

(3)   consider training, including cross-agency training, consultation, technical assistance needs, and service gaps;

(4)   educate the public regarding the incidences and causes of vulnerable adult deaths, the public role in preventing these deaths, and specific steps the public can undertake to prevent vulnerable adult deaths. The committee shall enlist the support of civic, philanthropic, and public service organizations in performing the committee's educational duties;

(5)   develop and implement policies and procedures for its own governance and operation;

(6)   submit to the Governor and the General Assembly an annual written report and any other reports prepared by the committee including, but not limited to, the committee's findings and recommendations for changes to any statute, regulation, policy, or

Printed Page 1174 . . . . . Thursday, March 9, 2006
procedure that the committee determines is needed to decrease the incidence of preventable vulnerable adult deaths. Annual reports must be made available to the public.

Section 43-35-580.   (A)   Meetings of the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division and of the Vulnerable Adult Fatalities Review Committee are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the unit and committee are discussing individual cases of vulnerable adult deaths.

(B)   Except as provided in subsection (C), meetings of the committee are open to the public and subject to the Freedom of Information Act when the committee is not discussing individual cases of vulnerable adult deaths.

(C)   Information identifying a deceased vulnerable adult or a family member, guardian, or caretaker of a deceased vulnerable adult, or an alleged or suspected perpetrator of abuse or neglect upon a vulnerable adult may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased vulnerable adult or family may not be disclosed during a public meeting.

(D)   Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.

Section 43-35-590.   (A) All information and records acquired by the unit and the committee in the exercise of their duties and responsibilities pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the unit's and committee's purposes and responsibilities.

(B)   Statistical compilations of data that do not contain information that would permit the identification of a person to be ascertained are public records.

(C)   Reports of the unit and the committee that do not contain information that would permit the identification of a person to be ascertained are public information.

(D)   Except as necessary to carry out the unit's and committee's duties and responsibilities, unit personnel and members of the committee and persons attending meetings may not disclose what transpired at a meeting that is not public under Section 43-35-580 and may not disclose information, the disclosure of which is prohibited by this section.

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(E)   Members of the committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of the meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or unit or because it is maintained by the committee or unit. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information.

(F)   Information, documents, and records of the unit and of the committee are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the unit or committee or because they are maintained by the unit or the committee.

(G)   A person who knowingly violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Section 43-35-595.   The South Carolina Law Enforcement Division may promulgate regulations if necessary to carry out its responsibilities under this article."

SECTION   10.   Article 7, Chapter 5, Title 17 of the 1976 Code is amended by adding:

"Section 17-5-555.   (A)   The coroner or medical examiner, within twenty-four hours or one working day, whichever occurs first, must notify the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division or appropriate law enforcement when a vulnerable adult dies in the county he serves:

(1)   as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or

(2)   when the death is unexpected and unexplained.

(B)   If the home or premises last inhabited by a vulnerable adult is not the scene of the death of the vulnerable adult, the coroner or medical examiner, while conducting an investigation of the death, may petition the local magistrate of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The local magistrate must issue the inspection warrant

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upon probable cause to believe that events in the home or premises may have contributed to the death of the vulnerable adult.

(C)   For purposes of this section:

(1)   'vulnerable adult' has the same meaning as defined in Section 43-35-10(11);

(2)   a vulnerable adult is not considered to be 'unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury;

(3)   'unexpected death' includes all vulnerable adult deaths that, before investigation, appear possibly to have been caused by trauma, suspicious, or obscure circumstances, or abuse or neglect."

SECTION   11.   Section 44-7-2910(B)(1) of the 1976 Code 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."

SECTION   12.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator THOMAS spoke on the Bill.

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

S. 1116--Co-Sponsor Added

On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as co-sponsor of S. 1116.

CARRIED OVER

The following Bills and Joint Resolutions were carried over as follows:

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,

Printed Page 1177 . . . . . Thursday, March 9, 2006
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.

Senator GREGORY explained the Bill.

Senator GROOMS spoke on the Bill.

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

S. 616 (Word version) -- Senators Knotts, Grooms, Williams, McConnell, Mescher, Matthews, Scott and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION EITHER BEFORE OR AFTER A NINETY DAY PERIOD OF CONTINUED COHABITATION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT.

On motion of Senator RITCHIE, 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

Printed Page 1178 . . . . . Thursday, March 9, 2006
MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.

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

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.

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

S. 1104 (Word version) -- Senators Thomas, Ford, Malloy, Williams and Anderson: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIVE DISMISSAL BY A COURT OF A PROSECUTION FOR A DISHONORED CHECK UPON RESTITUTION, SO AS TO MAKE THE DISMISSAL MANDATORY; AND TO AMEND SECTION 34-11-100, RELATING TO THE EFFECT OF PAYMENT OF A DISHONORED CHECK AFTER THE INITIATION OF PROSECUTION, SO AS TO PROVIDE THAT PAYMENT IS GROUNDS FOR DISMISSAL OF THE CHARGES.

Senator THOMAS explained the Bill.

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

S. 1233 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator LEATHERMAN, with unanimous consent, the Joint Resolution was carried over.

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S. 1234 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator LEATHERMAN, with unanimous consent, the Joint Resolution was carried over.

COMMITTEE AMENDMENT ADOPTED, CARRIED OVER

S. 1033 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-11-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, INCLUDING THE SWIMMING POOL SUBCLASSIFICATION UNDER THE GENERAL CONTRACTOR SPECIALTY CLASSIFICATION, SO AS TO PROVIDE THAT WORK UNDER THIS SUBCLASSIFICATION DOES NOT REQUIRE AN EXAMINATION FOR PREFABRICATED OR RESIDENTIAL ABOVEGROUND POOLS AND THAT SUCH A SUBCLASSIFICATION LICENSE IS NOT REQUIRED TO APPLY PAINT OR SEALANT TO THE INSIDE OF A POOL OR SPA OR TO POOL DECKS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (S-1033 AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 1-3 and inserting:

/   assembled above ground. A swimming pool subclassification license is not required to apply paint or sealant to the inside of a pool or spa or to pool decks. A swimming pool subclassification license is not required of an owner of residential property who constructs, services, or repairs a swimming pool or spa on the property if he does the work himself, with his own employees, provided the property is intended for the owner's sole occupancy or occupancy by the owner's family and is not intended for sale or rent." /

Renumber sections to conform.

Printed Page 1180 . . . . . Thursday, March 9, 2006

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

The committee amendment was adopted.

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

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

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 THAT, EXCEPT IN CERTAIN CIRCUMSTANCES, A SCHOOL DISTRICT, COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, PUBLIC SERVICE DISTRICT, OR POLITICAL

Printed Page 1181 . . . . . Thursday, March 9, 2006
SUBDIVISION OF THE STATE MUST LIMIT AN INCREASE IN ITS MILLAGE RATE TO NO MORE THAN THE AVERAGE OF THE PERCENTAGE INCREASES IN THE TOTAL PERSONAL INCOME GROWTH IN THE STATE FOR EACH OF THE THREE PREVIOUSLY COMPLETED CALENDAR YEARS FOR WHICH FIGURES ARE AVAILABLE FROM THE UNITED STATES DEPARTMENT OF COMMERCE.

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

On motion of Senator MARTIN, the Joint Resolution was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

H. 3184 (Word version) -- Reps. Harrison, G.R. Smith, Whipper, Cato, G.M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT THE RULES AND PROCEDURES FOLLOWED BY INDIVIDUAL STATE AGENCIES FOR THE HEARING OF CONTESTED CASES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE FOR, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR BY STATUTE, JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION OF A STATE AGENCY BY AN ADMINISTRATIVE LAW JUDGE AND THAT THE DECISION OF THE ADMINISTRATIVE LAW JUDGE MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE STATE ETHICS COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION BY THE EMPLOYMENT SECURITY COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE PUBLIC SERVICE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS, AND TO REPEAL CERTAIN SECTIONS RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION (ABBREVIATED TITLE)

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

Printed Page 1182 . . . . . Thursday, March 9, 2006

Senator McCONNELL spoke on the Bill.

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

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:

Initial Appointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Hon. Norman Richard Watkins, Jr., 1780 Meadowdale Rd., Rock Hill, S.C. 29732

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Anne Burns Sanford of Rock Hill, S.C.

ADJOURNMENT

At 12:13 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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