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 a few words from a prayer of all faiths that has come down, a favorite of all since the Twelfth Century, the Prayer of St. Francis of Assisi - appropriate even for today:

"Lord, make me an instrument of Your peace;

Where there is hatred, let me sow love; ...

Where there is despair, hope; ...

Where there is sadness, joy.

O Divine Master... it is in loving that we are loved and in giving that we receive..."
Amen!

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

The following was received:

Memorandum To: Clerk of the House
Clerk of the Senate

Re: Committee Hearings, March 8, 2006

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

At-large                   Mr. Joseph D. Swann

Francis Marion University

At -large, seat 13           Mr. Robert E. Lee

Coastal Carolina University

3rd District, seat 5           Mr. Jennings G. McAbee                                   Mr. Bill Biggs

Respectfully submitted,
Rep. Olin Phillips, Chrm.       Sen. Thomas Alexander
Rep. Becky Martin             Sen. Linda Short
Rep. Lanny F. Littlejohn       Sen. Jake Knotts
Rep. Jesse E. Hines           Sen. Harvey S. Peeler, Jr.

The following candidate screening was conducted on March 9th, 2006, Room 534, Blatt Building, Columbia, South Carolina, before Diane M. Hendricks, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:
Representative Olin Phillips, Chairman
Representative Lanny F. Littlejohn
Senator Linda Short
Senator Thomas Alexander
Senator Harvey S. Peeler, Jr.

Sophia Floyd, Administrative Assitant
Also Present: Russell Boloyan

CHAIRMAN PHILLIPS: Let's call the meeting to order here to try. The Senate is trying to get back. And, of course, we were already adjourned and we're getting started here. The Joint Screening Committee screens candidates for the Board of Trustees. For Clemson University will be the first one up. I want to introduce the Committee and the court stenographer. Taking part today is Diane M. Hendricks.

(Committee members talking over each other.)
SENATOR SHORT: Next Thursday noon or something like that.
MS. FLOYD: It would be in Tuesday's Journal, which will be up to Diane.
SENATOR ALEXANDER: You hate to ask for a commitment and get caught -- because -- you might want to wait until the first of next week.
MS. FLOYD: Right.
SENATOR ALEXANDER: To make sure, Joe, because we don't want anything happening to you.
CHAIRMAN PHILLIPS: Next Thursday, 12:00, Joe, we hope to have it in there.
MR. SWANN: Thank you.
CHAIRMAN PHILLIPS: Francis Marion University at-large, Seat 13, Mr. Robert E. Lee. Mr. Lee is the incumbent with no opposition. Mr. Lee, please raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. LEE: I swear to God.
CHAIRMAN PHILLIPS: You're already in the office, so we know that you don't have any conflicts, you have no other appointments, no other elected offices at this time, do you sir?
MR. LEE: No, sir.
CHAIRMAN PHILLIPS: Would you go ahead with a short statement.
MR. LEE: I've now been, it's kind of scary. I've now been eight years on the Board, Francis Marion. I served the first four years -- a little more than six months and became Chairman and spent four years as Chairman and now I've gone back and started kind of back through and

On motion of Senator KNOTTS, the report was ordered printed in the Journal.

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

Document No. 3045
Agency: Office of the Attorney General
SUBJECT: Securities
Received by Lieutenant Governor March 9, 2006
Referred to Banking and Insurance Committee
Legislative Review Expiration February 13, 2007

Document No. 3057
Agency: Department of Revenue
SUBJECT: Retail Licenses and Partnerships
Received by Lieutenant Governor March 10, 2006
Referred to Finance Committee
Legislative Review Expiration February 14, 2007

The following was received:

Document No. 3027
Promulgated by Board of Education
Nutrition Standards of Elementary (K-5) School
Food Service Meals and Competitive Foods
Received by Lt. Governor January 20, 2006
Referred to Senate Committee on Education
120 day review expiration date January 13, 2007
Withdrawn and resubmitted March 10, 2006

Senator COURSON introduced Dr. William H. Richardson of Columbia, 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.

At 12:08 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.

There was no objection and a message was sent to the House accordingly.

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.

On motion of Senator BRYANT, with unanimous consent, the names of Senators BRYANT, FORD and SCOTT were added as co-sponsors of S. 1238.

S. 111 (Word version) -- Senators Fair, Bryant, Grooms, Thomas, Verdin and Hayes: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.

On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 111.

The following were introduced:

S. 1244 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 59-71-30 OF THE 1976 CODE, RELATING TO AUTHORITIES OF OPERATING SCHOOL UNITS AUTHORIZED TO ISSUE GENERAL OBLIGATION BONDS, TO PROVIDE THAT A SUCCESSOR-IN-INTEREST OF AN OPERATING SCHOOL UNIT INCURS THE DEBTS OF ITS PREDECESSOR-IN-INTEREST UPON THE SUCCESSOR-IN-INTEREST UNDERTAKING THE

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

S. 1245 (Word version) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
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Senator THOMAS spoke on the Bill.

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

S. 1246 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Judiciary.

S. 1247 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE THE LOWER RICHLAND DIAMONDS GIRLS BASKETBALL TEAM FOR WINNING THE CLASS 4A STATE BASKETBALL CHAMPIONSHIP ON FRIDAY, MARCH 3, 2006, AT THE COLONIAL CENTER IN COLUMBIA.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4195 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.

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

H. 4324 (Word version) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES.

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

H. 4624 (Word version) -- Reps. Vaughn, Harrell, Cooper, Haskins, Leach, Taylor, Bannister, Cato, Ceips, Hamilton, Littlejohn, Loftis, Mahaffey, Mitchell, Rice, Sinclair, F. N. Smith, G. R. Smith, W. D. Smith, Talley, Walker, Tripp and Townsend: A BILL TO AMEND SECTION 56-3-2330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF MOTOR VEHICLE MANUFACTURER LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT THE DEPARTMENT MAY ISSUE TO A MOTOR VEHICLE MANUFACTURER.

Read the first time and, on motion of Senator RYBERG, with unanimous consent, H. 4624 was ordered placed on the Calendar without reference.

H. 4687 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 20-7-6840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT INTENSIVE SUPERVISION SERVICES ARE AMONG THE COMMUNITY-BASED PROGRAMS THE

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

H. 4793 (Word version) -- Reps. Kirsh, Delleney, Emory, McCraw, Moody-Lawrence, Norman and Simrill: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 28, 2006, "YORK COUNTY DAY" IN SOUTH CAROLINA.

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

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

S. 54 (Word version) -- Senators Rankin, Richardson, Elliott, Fair and Ford: A BILL TO AMEND CHAPTER 5 OF TITLE 59 OF THE 1976 CODE, BY ADDING SECTION 59-5-72, TO ESTABLISH THAT THE START DATE FOR ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE MUST NOT BE SET EARLIER THAN AUGUST 25TH OF EACH YEAR AND TO PROVIDE THAT THE SCHOOL END DATE MUST NOT BE SET MORE THAN SEVEN DAYS AFTER THE LAST DAY OF THE PALMETTO ACHIEVEMENT CHALLENGE TEST.

Ordered for consideration tomorrow.

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

S. 626 (Word version) -- Senators Hawkins and Leventis: 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.

Ordered for consideration tomorrow.

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

S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO REVISE CERTAIN EXIT EXAMINATION REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TEST TO END-OF-YEAR ASSESSMENT; TO

Ordered for consideration tomorrow.

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

H. 4328 (Word version) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J.H. Neal, Owens, E.H. Pitts, D.C. Smith, M.A. Pitts, Bailey, Littlejohn, Clyburn, Toole, Bannister and Loftis: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY

Ordered for consideration tomorrow.

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

H. 4429 (Word version) -- Reps. Townsend, Mitchell, Edge, J.E. Smith, Viers, Harrell, Clark, Clyburn, Littlejohn, Walker, Clemmons, Cooper, Barfield, Govan, Frye, Bailey, Huggins, Leach, Witherspoon, Anderson, Hardwick, Hiott, Rhoad, W.D. Smith, Miller, Altman, Anthony, Bales, Ballentine, Battle, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Davenport, Duncan, Hagood, Haley, Hamilton, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Howard, Jefferson, Kennedy, Limehouse, Loftis, Mahaffey, Martin, McCraw, McGee, Merrill, J.H. Neal, Ott, Perry, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, D.C. Smith, F.N. Smith, G.R. Smith, J.R. Smith, Thompson, Vick, White, Young, McLeod, Jennings, Tripp, Haskins and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-425 SO AS TO REVISE AND FURTHER PROVIDE FOR THE LENGTH OF THE SCHOOL TERM AND THE BEGINNING OF THE SCHOOL TERM, THE USE OF SCHOOL DAYS, AND PROVISIONS FOR MAKE-UP DAYS; AND TO REPEAL SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM, SECTION 59-1-430 RELATING TO

Ordered for consideration tomorrow.

S. 1226 (Word version) -- Senators Hayes, Gregory, Peeler and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 28, 2006, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

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

S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts, Sheheen, Alexander and Setzler: A BILL 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 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

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.

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

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

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.

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.

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

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.

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

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

Senator FAIR proposed the following amendment (NBD\ 12284CM06), which was adopted:

Amend the bill, as and if amended, by striking SECTION 13 in its entirety and inserting:

/ SECTION   13.   Section 56-5-4160 of the 1976 Code is amended to read:

"Section 56-5-4160.   (A)   An officer or agent of the Department of Public Safety having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle and load either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales. Whenever an officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load necessary to reduce the axle weight, or gross weight of the vehicle, or both, to the limits permitted under this chapter is removed. All material unloaded must be cared for by the owner or operator of the vehicle at his own risk. In determining whether the limits established by Section 56-5-4130 or 56-5-4140 have been exceeded, the scaled weights of the gross weight of vehicles and combinations of vehicles are considered to be not closer than ten percent to the true gross weight, except as otherwise provided in Section 56-5-4140.

(B)   A person who operates a vehicle on a public highway whose axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars five cents per pound or imprisoned not more than thirty days, or both. If a vehicle does not exceed the gross weight limits provided for by this article, and the axle weight limits are not exceeded by more than five percent including enforcement tolerances, the fine imposed is reduced by fifty percent with a minimum fine of twenty-five dollars.

(C)   A person who operates a vehicle found to exceed the excess gross weight limitations imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine based on the following scale:

POUNDS OF EXCESS AMOUNT OF FINE

WEIGHT IN DOLLARS

(1) 500-- 1500 lbs.: $25.00

(2) 1501-- 2500 lbs.: 45.00

(3) 2501-- 3500 lbs.: 60.00

(4) 3501-- 4250 lbs.: 135.00

(5) 4251-- 5250 lbs.: 180.00

(6) 5251-- 6250 lbs.: 300.00

(7) 6250-- 7250 lbs.: 460.00

(8) 7251-- 8250 lbs.: 600.00

(9) 8251--10250 lbs.: 700.00

(10) 10251--lbs. and over: 10 cents for each pound

(1)   500-3,500 pounds: four cents per pound over weight limit;

(2)   3,501-6000 pounds: six cents per pound over weight limit, beginning with the first pound in excess;

(3)   6,001 pounds and over: ten cents per pound over weight limit, beginning with the first pound in excess.

The fine imposed pursuant to items (1), and (2), (3), (4), (5) and (6) must be equal to one-half the rate for vehicles transporting raw farm or forest products from the farm or forest to the first market, or by fully enclosed motor vehicles designed specifically for collecting, compacting, and hauling garbage from residences or from garbage dumpsters, or by motor vehicles operating open top trailers used for hauling recyclables, scrap, and waste materials from sites without facilities for weighing, when operating for those purposes. If an operator is found to be in violation of both gross and axle limits, only one citation may be issued, the fine being for the greater of the two, for that load. No fine may be issued for violation of the vehicle registration statues if that vehicle is registered for the maximum allowable weight for that class of vehicle as provided in Section 56-5-4140.

If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.

(D)(1)   A person who operates a vehicle found to have out-of-service violations, other than violations of brakes out of adjustment and lighting violations which can be repaired at the scene, detected during a roadside inspection is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine of two hundred dollars.

(2)(a)   An individual who operates a commercial motor vehicle on a public highway whose vehicle or driver is in violation of the out-of-service order as defined in 49 CFR 390.5 is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars.

(b)   A company or individual who operates or allows a commercial motor vehicle to be operated on a public highway in violation of a motor carrier operation out-of-service order, or order to cease operation, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars.

(3)   If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.

(D)(E)   At the time that a uniform size, and weight, and safety citation is issued pursuant to this section, the officer or agent who is authorized to issue the citation must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the Department of Public Safety or to receive a hearing in magistrates magistrate's court. If the individual at the time the citation is issued elects to pay his fine directly to the department within fourteen twenty-eight days, as specified on the citation, no assessments may be added to the original fine pursuant to this section. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.

(E)(F)   Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the Department of Public Safety as provided for in this section. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the account established in this section. The department shall use these monies to establish and maintain automated data bases, to upgrade and refurbish existing weigh stations, to purchase and maintain portable scales, to hire additional other funded troopers or State Transport Police officers Officers, to purchase equipment for State Transport Police Officers, and to procure other commercial motor vehicle safety measures, and fund other commercial motor vehicle safety programs that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.

'Conviction', as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's presence in the court.

If the fine is not paid in full to the Department of Public Safety within forty-five days after conviction, the license and registration of

(F)(G)   The Department of Public Safety shall provide a separate uniform citation to be used by the Size and Weight State Transport Police Division of the Department of Public Safety. The uniform citation must be used for all size, and weight, and safety violations which the Size and Weight State Transport Police Division of the Department of Public Safety is primarily is responsible for enforcing.

(G)(H)   The issuance of a uniform citation to the operator of a vehicle for a violation of this section, Section 58-23-1120, or Regulations 38-423 et seq. constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation 'THE ISSUANCE OF SIZE, AND WEIGHT, AND SAFETY UNIFORM CITATION TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE, AND WEIGHT OR SAFETY VIOLATION'.

(I)   An individual who fails to conduct a safety inspection of a vehicle as required by Part 396 of the Federal Motor Carrier Safety Regulations or fails to have in his possession documentation that an inspection has been performed must be fined one hundred dollars per vehicle operated in violation of this subsection.

(J)   Motor carriers, officers, or agents in charge of them, who fail or refuse to permit authorized State Transport Police representatives or employees to examine and inspect their books, records, accounts and documents, or their plants, property, or facilities, as provided by law and with reasonable notice, are guilty of a misdemeanor. Each day of such failure or refusal constitutes a separate offense and each offense is punishable by a fine of one thousand dollars.

(H)(K)   Notwithstanding any other provision of law, all fines collected pursuant to this section must be deposited into an account in the Office of the State Treasurer and called the 'Size, and Weight, and Safety Revitalization Program Fund for Permanent Improvements.' Monies credited to the fund may only be expended as authorized in item (E)(F) of this section."

SECTION   14.   SECTION 13 of this act takes effect ninety days after approval by the Governor. The remaining SECTIONS contained in this act take effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

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

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, 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

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Senator McCONNELL proposed the following amendment (4699R001.GFM), which was adopted:

Amend the concurrent resolution, as and if amended, by striking the resolution in its entirety and inserting:

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, MAY 3, 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, RECOGNIZING AND COMMENDING THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA, AND INVITING THE WINNERS OF THE 2006 ELIZABETH O'NEILL VERNER AWARDS TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES IMMEDIATELY FOLLOWING THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS CEREMONY TO RECOGNIZE AND COMMEND THE 2006 ELIZABETH O'NEILL VERNER AWARDS WINNERS FOR THEIR OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS TO THE ARTS IN SOUTH CAROLINA.

Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted often for hundreds of years; and

Whereas, the winners of the 2006 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all

Whereas, the 2006 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably; and

Whereas, Elizabeth O'Neill Verner, an artist, teacher, writer, and educator, achieved an international reputation for her etchings and pastels capturing the spirit and beauty of South Carolina. Her drawings of South Carolina residences, churches, and street-life portraits are recognized throughout the world for their artistic merit and unique color hues; and

Whereas, the South Carolina Arts Commission annually presents the Elizabeth O'Neill Verner Awards to recognize and encourage the arts throughout the State. The Verner Awards are recognized as the highest honor the State gives in the arts; and

Whereas, the South Carolina Arts Commission has performed its duties admirably in selecting the 2006 Elizabeth O'Neill Verner Awards recipients. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly invite 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 at 12:00 noon on Wednesday, May 3, 2006, or a time mutually convenient for both bodies, as determined by the Speaker of the House and the President Pro Tempore of the Senate, and that the members of the General Assembly recognize and commend the 2006 Jean Laney Harris Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.

Immediately following the completion of the 2006 Jean Laney Harris Folk Heritage Awards ceremony, the House of Representatives and Senate shall meet in the Hall of the House of Representatives for the presentation of the 2006 Elizabeth O'Neill Verner Award, and that the members of the General Assembly recognize and commend the 2006 Elizabeth O'Neill Verner Award winners for their outstanding achievements and contributions to the arts in South Carolina.       /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Resolution was adopted and ordered returned to the House with amendments.

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.

Senator GROOMS asked unanimous consent to commit the Bill to the Committee on Agriculture and Natural Resources.

There was no objection.

The Bill was recommitted to the Agriculture and Natural Resources Committee.

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.

On motion of Senator RYBERG, 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

On motion of Senator HUTTO, 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, 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.

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

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.

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

H. 4542 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO

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

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.

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

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

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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

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

Senator McCONNELL spoke on the Bill.

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

Pursuant to an invitation the Honorable Speaker of the House of Representatives appeared in the Senate Chamber on March 14, 2006, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R237, S. 353 (Word version)) -- Senator McConnell: AN ACT TO AMEND CHAPTER 15, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTS AND PILOTAGE, SO AS TO REVISE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE FOR VARIOUS PORTS, PROVIDE FOR COMMISSIONERS OF PILOTAGE FOR THE UPPER COASTAL AREA AND FOR THE LOWER COASTAL AREA, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS AND APPRENTICES ARE LICENSED, TRAINED, AND REGULATED.
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(R238, S. 490 (Word version)) -- Senator Land: AN ACT TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO

(R239, S. 961 (Word version)) -- Senators McConnell, Ford, Knotts and Mescher: AN ACT TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THAT THE AREA SEEKING TO BE INCORPORATED FILE A PROPOSAL FOR PROVIDING EITHER DIRECTLY OR INDIRECTLY A SUBSTANTIALLY SIMILAR LEVEL OF LAW ENFORCEMENT SERVICES TO THE AREA'S EXISTING LAW ENFORCEMENT COVERAGE PRIOR TO SEEKING INCORPORATION.
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(R240, S. 1026 (Word version)) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land,

(R241, S. 1097 (Word version)) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.
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(R242, S. 1098 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO ADD AND DELETE A VOTING PRECINCT IN WILLIAMSBURG COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THE AFFECTED PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R243, S. 1136 (Word version)) -- Senators Knotts, Cromer, Setzler and Courson: AN ACT TO AMEND ACT 378 OF 2004, THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY RELIEF ACT, SO AS TO PROVIDE THAT THE REVENUES ALLOTTED TO A SCHOOL DISTRICT BE USED TO PROVIDE A NONREFUNDABLE CREDIT AGAINST THE SCHOOL PROPERTY TAX LIABILITY ON PROPERTY TAXABLE IN THE DISTRICT AND THAT THE LIABILITY BE DETERMINED BY USING THE APPRAISED

(R244, H. 3554 (Word version)) -- Rep. Huggins: AN ACT TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A SELF-INSURER FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT AN IRREVOCABLE LETTER OF CREDIT ISSUED BY A BANK CHARTERED IN THIS STATE OR A MEMBER BANK OF THE FEDERAL RESERVE SYSTEM MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES IN LIEU OF THE CASH DEPOSIT REQUIRED TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY OF A POTENTIAL SELF-INSURER, AND TO PROVIDE THAT A PERSON OR COMPANY THAT QUALIFIES AS A SELF-INSURER MAY ISSUE CERTIFICATES OF INSURANCE FOR ALL PURPOSES ONLY ON THE VEHICLES REGISTERED IN THE APPLICANT'S NAME; AND TO AMEND SECTION 58-23-1240, RELATING TO THE PUBLIC TAXI PLATE WHICH MUST BE AFFIXED TO A TAXI, SO AS TO PROVIDE THAT THE PLATE MUST BE AFFIXED ONLY TO THE REAR OF A TAXI, TO PROVIDE THAT A STICKER MAY BE AFFIXED TO THE TAXI IN LIEU OF A METAL PLATE, TO PROVIDE THAT THE CITY WHERE THE TAXI PRINCIPALLY OPERATES MUST APPROVE THE DIMENSIONS OF THE STICKER OR PLATE INSTEAD OF THE GOVERNING BODY OF THE COUNTY, TO REMOVE THE TERM "PUBLIC" AND THE TAXI LICENSE NUMBER FROM THE CONTENTS OF THE STICKER OR PLATE, TO DELETE THE REQUIREMENT THAT THE COLOR OF THE PLATE MUST BE CHANGED ANNUALLY, AND TO PROVIDE THAT THE OWNER OF A TAXI THAT QUALIFIES AS A SELF-INSURER MUST ISSUE TO EACH OPERATOR OF THE TAXI A CERTIFICATE OF INSURANCE WHICH MUST BE MAINTAINED IN THE TAXI WHILE IT IS IN OPERATION.
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(R245, H. 3580 (Word version)) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks,

(R246, H. 3993 (Word version)) -- Rep. Edge: AN ACT 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.
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(R247, H. 4015 (Word version)) -- Rep. White: AN ACT TO AMEND SECTIONS 40-47-910, 40-47-935, 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, 40-47-980, 40-47-1000, 40-47-1010, AND 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO INCLUDE THE DEFINITION OF ALTERNATE SUPERVISING PHYSICIAN AND SUPERVISING PHYSICIAN; TO PROVIDE THAT ONLY PHYSICIANS ASSISTANTS HOLDING A PERMANENT LICENSE MAY PRESCRIBE DRUG THERAPY; TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION AND PROVIDE EXCEPTIONS; 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

(R248, H. 4190 (Word version)) -- Rep. Leach: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
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(R249, H. 4294 (Word version)) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BAMBERG, SOUTH CAROLINA, TO THE CITY OF BAMBERG AND OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN LAKE CITY, SOUTH CAROLINA, TO THE CITY OF LAKE CITY.
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(R250, H. 4296 (Word version)) -- Reps. Altman, Mahaffey, Toole and Perry: AN ACT 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

(R251, H. 4513 (Word version)) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M.A. Pitts: AN ACT TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO NO LATER THAN JUNE 1, 2006.
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(R252, H. 4526 (Word version)) -- Reps. J.R. Smith, Clyburn, Perry, D.C. Smith, Stewart and Clark: AN ACT TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R253, H. 4594 (Word version)) -- Reps. Vick, Witherspoon, Clemmons and Hardwick: AN ACT 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 FOR A PERIOD OF TIME EXCEEDING THIRTY YEARS IS CONSIDERED A CONVEYANCE OF A REAL PROPERTY INTEREST AND AS SUCH UNDER THE LAWS OF

(R254, H. 4666 (Word version)) -- Rep. Branham: AN ACT TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED AT THE GENERAL ELECTION IN NOVEMBER; TO PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE FOUR YEARS; TO PROVIDE FOR THE EXPIRATION OF TERMS OF MEMBERS CURRENTLY SERVING; TO PROVIDE FOR FILING DATES; AND TO PROVIDE THAT STATEMENTS OF CANDIDACY CURRENTLY ON FILE WITH THE COUNTY ELECTION COMMISSION FOR THE MAY 2006 ELECTION MUST BE VACATED AND A NEW FILING DATE SET FOR THE NOVEMBER 2006 ELECTION.
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(R255, H. 4738 (Word version)) -- Rep. Coleman: AN ACT 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.
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On motion of Senators SETZLER, KNOTTS, CROMER, JACKSON, COURSON and LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Angelo Tsiantis of Columbia, S.C., who passed away at age 75 on March 7, 2006. Mr. Tsiantis, affectionately known as "Mr. A" by his friends, customers and workers, was the patriarch of Columbia's Zesto restaurants. He was a valuable, contributing member of his community and to the Holy Trinity Greek Orthodox Church and will be greatly missed.

At 1:06 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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