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 words of St. Paul to the Corinthians (I:9:24):

"Do you not know that those who run in a race, run all, but one receives the prize?"

Let us pray.

Father, we pray for us and all who represent our country here and abroad - in military, diplomatic or other missions.

Help us to be prepared and to be alert for every challenge at every hour. Let us run the race of life so that if we don't win the prize in this life, we will win the prize of the faithful in the eyes of our God.
Amen!

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

Senator PEELER introduced Dr. M. David Mitchell of Spartanburg, S.C., Doctor of the Day.

At 12:04 P.M., Senator RANKIN requested a leave of absence for the balance of the day.

On motion of Senator GREGORY, at 12:05 P.M., Senator RYBERG was granted a leave of absence for today.

On motion of Senator MOORE, at 12:05 P.M., Senator DRUMMOND was granted a leave of absence for today.

Senator PEELER rose for an Expression of Personal Interest and announced that Reverend Meetze's twin greatgrandsons were born on Saturday, March 11, 2006, at MUSC in Charleston. Their proud parents are George and Austin Meetze. The twins were identical and are named William and Joseph after each of their grandfathers.

S. 1163 (Word version) -- Senators Sheheen, Reese and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.

On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 1163.

The following were introduced:

S. 1255 (Word version) -- Senator Williams: A SENATE RESOLUTION CONGRATULATING JOSEPH TAYLOR POWELL OF MULLINS, SOUTH CAROLINA, FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT, COMMENDING HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD OF THE BOY SCOUTS OF AMERICA, AND WISHING HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1256 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF

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

S. 1257 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO HONOR GREAT FALLS HIGH SCHOOL BASKETBALL COACH JOHN SMITH FOR HIS OUTSTANDING CONTRIBUTIONS TO THE LIVES OF COUNTLESS STUDENT ATHLETES, AND TO CONGRATULATE HIM ON HIS EXTRAORDINARY RECORD-BREAKING 744 WINS IN HIS THIRTY-SEVEN YEARS AS A COACH.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1258 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO ESTABLISH A PROCEDURE TO ALLOW AN INMATE WHO IS CONFINED IN A DEPARTMENT OF CORRECTIONS' FACILITY TO ATTEND THE FUNERAL SERVICE OF CERTAIN INDIVIDUALS AND VISIT CERTAIN INDIVIDUALS UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR CERTAIN INMATES, SO AS TO DELETE THE PROVISION THAT ALLOWS AN INMATE TO ATTEND THE FUNERAL OF CERTAIN PERSONS.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 1259 (Word version) -- Senators Campsen, Courson, Leventis, Grooms, Sheheen, Hutto, McConnell, Gregory, Land, McGill, Lourie, Hayes and Richardson: A BILL TO ENACT THE CONSERVATION INCENTIVES ACT OF 2006 BY AMENDING SECTION 12-6-3515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT FOR A GIFT OF LAND FOR CONSERVATION OR FOR A QUALIFIED CONSERVATION CONTRIBUTION, SO AS TO INCREASE FROM TWO HUNDRED FIFTY DOLLARS TO FIVE HUNDRED DOLLARS THE MAXIMUM PER ACRE CREDIT ALLOWED AND

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

S. 1260 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 44-69-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATE OF NEED REQUIREMENTS FOR HOME HEALTH AGENCIES, SO AS TO EXEMPT FROM THESE REQUIREMENTS PRIVATE DUTY HOME CARE AGENCIES THAT PARTICIPATE IN STATE-FUNDED WAIVER PROGRAMS, THAT CONTINUOUSLY HAVE PROVIDED THESE SERVICES SINCE JANUARY 1, 2001, AND THAT ARE ACCREDITED BY THE JOINT COMMISSION FOR THE ACCREDITATION OF HEALTH CARE ORGANIZATIONS.
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Read the first time and referred to the Committee on Medical Affairs.

H. 4471 (Word version) -- Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M. A. Pitts, Rice, Sinclair, J. E. Smith, Viers and White: A BILL TO AMEND SECTIONS 22-3-10 AND 22-3-30, BOTH AS AMENDED AND BOTH RELATING TO JURISDICTION OF THE MAGISTRATE'S COURT, BOTH SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL RETAIN JURISDICTION OVER AN EJECTMENT ACTION AND CORRESPONDING COMPULSORY COUNTERCLAIMS, REGARDLESS OF THE AMOUNT OF THE COUNTERCLAIM; TO AMEND SECTION 27-33-40, RELATING TO CONCURRENT

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

H. 4783 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2006 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF DILLON COUNTY FAVOR HAVING THE THREE SCHOOL DISTRICTS OF THE COUNTY GOVERNED BY A SINGLE BOARD OF TRUSTEES, WITH UNLIMITED FISCAL AUTONOMY, COMPOSED OF NINE MEMBERS, SEVEN ELECTED IN NONPARTISAN ELECTIONS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS AS ARE MEMBERS OF COUNTY COUNCIL AND TWO ELECTED FROM THE COUNTY AT LARGE.

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

H. 4785 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DENIAL, REVOCATION AND SUSPENSION OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4787 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 1002 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 24-13-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF CERTAIN COST BY PRISONERS, SO AS TO AUTHORIZE A BOOKING FEE TO BE COLLECTED FROM PRISONERS WHEN INCARCERATED IN A DETENTION FACILITY, PROVIDE EXCEPTIONS, AND REQUIRE AN ORDINANCE WITH CERTAIN REQUIREMENTS WHEN A MUNICIPALITY OR COUNTY INITIATED THIS FEE.

Ordered for consideration tomorrow.

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

S. 1175 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT.

Ordered for consideration tomorrow.

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

H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines,

Ordered for consideration tomorrow.

At 11:13 A.M., on motion of Senator MARTIN, the Senate receded from business not to exceed five minutes.

At 11:29 A.M., the Senate resumed.

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

The following Joint Resolutions 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. 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.

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.

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.

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

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.

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

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.

S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY REGARDING CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT, AND TO AMEND SECTIONS OF THE CODE RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS.
(ABBREVIATED TITLE)

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

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 CONDUCT A STUDY REGARDING CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT, TO AMEND SECTIONS OF THE CODE RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS,

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

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

Senator ELLIOTT proposed the following amendment (GJK\ 20949SD06), which was adopted:

Amend the bill, as and if amended, in Section 50-3-316 of the 1976 Code, as contained in SECTION 1, by inserting after /discretion / on line 34, page 1 / with the concurrence of the legislative delegation of the county in which the officer is assigned /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

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

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

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, Cromer, Bryant, Ford and Scott: 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.

H. 4319 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Altman, Vaughn, Battle, Cotty, Whipper, Taylor, Kirsh, Coates, Toole, Ballentine, Vick, Littlejohn, Sandifer, Mahaffey, Hardwick, Walker, R. Brown, Haley, McLeod, Ceips and Weeks: A BILL TO AMEND SECTION 10-1-161, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING, SO AS TO PROVIDE THAT THE GOVERNOR MAY ORDER FLAGS FLOWN AT HALF-STAFF WHEN AN ACT OF CONGRESS OR A PRESIDENTIAL ORDER IS ISSUED ORDERING FLAGS ON FEDERAL BUILDINGS BE FLOWN AT HALF-STAFF.

Senator O'DELL explained the Bill.

H. 4474 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO CLARIFY THE STATE BUDGET AND CONTROL BOARD'S ACTION TAKEN ON NOVEMBER 1, 2005, RELATING TO THE SECOND INJURY FUND'S ASSESSMENT.

Senator O'DELL explained the Resolution.

S. 229 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO CREATE THE OFFENSE OF ENGAGING IN A HOG-DOG FIGHTING EVENT OR A HOG-DOG RODEO, TO DEFINE THE TERMS "HOG-DOG FIGHTING EVENT" AND "HOG-DOG RODEO", AND TO PROVIDE A PENALTY FOR A VIOLATION.

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

The Committee on Judiciary proposed the following amendment (JUD0229.003), which was adopted:

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

/   SECTION   1.   Section 16-27-50 of the 1976 Code is amended to read:

"Section 16-27-50. Whenever an indictment is returned charging a violation of any provision of this chapter, or if an indictment is waived, the court shall order the animal or animals involved seized and held until final disposition of the charges and shall provide for the appropriate and humane care or disposition of the animal or animals. The provisions of this section may not be construed as a limitation on the authority under law to seize any animal as evidence at the time of the arrest. If any animal seized pursuant to the provision of this section or otherwise seized in accordance with law is unable to survive humanely the final disposition of the charges, in the opinion of the court, the court may order the termination of the animal's life. Upon the conviction of the person charged, or upon a plea of guilty or of nolo contendere, any animal involved, whose life has not been terminated, becomes the property of the State and the court shall order a humane disposition of the animal.

(A)   The provisions of Section 47-1-150 apply to this chapter.

(B)   For purposes of a hearing to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal, any animal found to be owned, trained, possessed, purchased, sold, transported, or bred in violation of this chapter must be considered cruelly treated and the owner must be deemed unfit."

SECTION   2.   Chapter 27, Title 16 of the 1976 Code is amended by adding:

"Section 16-27-55.   (A)   A person who violates a provision of this chapter is subject to forfeiture of:

(1)   property, both real and personal, which is knowingly used to engage in a violation or to further a violation of this chapter; and

(2)   monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by a person to engage in or further a violation of this chapter.

(B)   Property subject to forfeiture pursuant to the provisions of this chapter may be seized by the appropriate law enforcement agency with a warrant properly issued by a court with jurisdiction over the property. Property may be seized without a warrant if the:

(1)   seizure is incident to an arrest or a search with a search warrant or an inspection under an administrative inspection warrant;

(2)   property subject to seizure was the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding pursuant to the provisions of this chapter;

(3)   law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(4)   law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of this chapter.

(C)   Forfeiture proceedings instituted pursuant to the provisions of this section are subject to the procedures and requirements for forfeiture as set out in Section 44-53-530.

(D)   Property taken or detained pursuant to the provisions of this section is not subject to replevin but is considered to be in the custody of the law enforcement agency making the seizure subject only to an order of the court having jurisdiction over the forfeiture proceedings.

(E)   For purposes of this section, when the seizure of property subject to forfeiture is accomplished as a result of a joint effort by more than one law enforcement agency, the law enforcement agency initiating the investigation is considered to be the agency making the seizure.

(F)   A law enforcement agency seizing property pursuant to the provisions of this section shall take reasonable steps to maintain the property. Equipment and conveyances seized must be removed to an appropriate place for storage. Monies seized must be deposited in an interest bearing account pending final disposition by the court unless

(G)   When property, monies, negotiable instruments, securities, or other things of value are seized pursuant to the provisions of subsection (A), the law enforcement agency making the seizure, within ten days or a reasonable period of time after the seizure, shall submit a report to the appropriate prosecuting agency.

(1)   The report must include the following information:

(a)   a description of the property seized;

(b)   the circumstances of the seizure;

(c)   the present custodian and where the property is being stored or its location;

(d)   the name of the owner of the property;

(e)   the name of any lienholders of the property; and

(f)   the seizing agency.

(2)   If the property is a conveyance, the report must include the:

(a)   make, model, serial number, and year of the conveyance;

(b)   person in whose name the conveyance is registered; and

(c)   name of any lienholders.

(3)   In addition to the report provided for in items (1) and (2) of this subsection, the appropriate law enforcement agency shall prepare for dissemination to the public, upon request, a report providing the following information:

(a)   a description of the quantity and nature of the property and money seized;

(b)   the seizing agency;

(c)   the make, model, and year of a conveyance; and

(d)   the law enforcement agency responsible for the property or conveyance seized.

(H)   Property or conveyances seized by a law enforcement agency may not be used by officers or employees of the agency for personal purposes.

(I)(1)   An innocent owner or a manager or owner of a licensed rental agency or a common carrier or carrier of goods for hire may apply to the court of common pleas for the return of an item seized pursuant to the provisions of this chapter. Notice of hearing or rule to show cause accompanied by copy of the application must be directed to all persons and agencies entitled to notice as provided in Section 44-53-530. If the court denies the application, the hearing may proceed as a forfeiture hearing held pursuant to the provisions of Section 44-53-530.

(2)   The court may return a seized item to the owner if the owner demonstrates to the court by a preponderance of the evidence:

(a)   in the case of an innocent owner, that the person or entity was not a consenting party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture; or

(b)   in the case of a manager or an owner of a licensed rental agency, a common carrier, or a carrier of goods for hire, that an agent, servant, or employee of the rental agency or of the common carrier or carrier of goods for hire was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.

(3)   If the licensed rental agency demonstrates to the court that it has rented the seized property in the ordinary course of its business and that the tenant or tenants were not related within the third degree of kinship to the manager or owner, or any agents, servants, or employees of the rental agency, then it is presumed that the licensed rental agency was not a party to, or privy to, or did not have knowledge of, the use of the property which made it subject to seizure and forfeiture.

(4)   The lien of an innocent person or other legal entity, recorded in public records, continues in force upon transfer of title of a forfeited item, and a transfer of title is subject to the lien, if the lienholder demonstrates to the court by a preponderance of the evidence that he was not a consenting party to, or privy to, or did not have knowledge of, the involvement of the property which made it subject to seizure and forfeiture."

SECTION   3.   Section 16-27-80 of the 1976 Code is amended to read:

"Section 16-27-80.   (A)   This chapter shall not apply to dogs used for the purpose of hunting or for dogs used in field trials in more commonly known as 'water races', 'treeing contests', 'coon on a log', 'bear baying', or 'fox pen trials'. Such 'fox pen trials' must be approved by permit for field trials by the South Carolina Department of Natural Resources.

(B)   This chapter shall apply to events more commonly known as 'hog-dog fights', 'hog-dog rodeos', or 'hog-dogging' in which bets are placed, or cash, points, titles, trophies, or other awards are given based primarily on the ability of a dog to catch a hog using physical contact in the controlled environment of an enclosure."

SECTION   4.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect

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

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 301 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 7-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO DELETE A PROVISION REQUIRING THAT AN ABSENTEE BALLOT BE AVAILABLE FOR RELIGIOUS REASONS; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION

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

The Committee on Judiciary proposed the following amendment (JUD0301.002), which was adopted:

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

TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT A QUALIFIED ELECTOR MEETING

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

SECTION   1.   Section 7-15-320 of the 1976 Code, as last amended by Act 25 of 1997, is further amended to read:

"Section 7-15-320.   (A)   A qualified elector in any of the following categories must be permitted to vote by absentee ballot by mail in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person, except that physically disabled persons, certified poll watchers, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, a person admitted to a hospital as an emergency patient on the day of an election or within a four-day period before an election, and persons whose employment obligations required that they be at their place of employment during the hours that the polls are open and present written certification of that obligation to the county registration board, and persons confined to a jail or pre-trial facility pending disposition of arrest or trial may vote by absentee ballot whether or not absent from their county of residence:

(1)   students, their spouses, and dependents residing with them;

(2)   members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;

(3)   persons serving with the American Red Cross or with the United Service Organizations (USO) who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(4)   persons in employment;

(5)   physically disabled persons;

(6)   governmental employees, their spouses, and dependents residing with them;

(7)   electors with a death or funeral in the family within a three-day period before the election;

(8)   persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);

(9)   certified poll watchers, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day;

(10)   overseas citizens;

(11)   persons attending sick or physically disabled persons;

(12)   persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;

(13)   persons who will be serving as jurors in a state or federal court on election day;

(14)   persons sixty-five years of age or older;

(15)   persons confined to a jail or pre-trial facility pending disposition of arrest or trial.

(B)   Any qualified elector must be permitted to vote by absentee ballot in any election in which he is entitled to vote for any reason if the qualified elector appears in person to cast an absentee ballot as provided by law."

SECTION   2.   This act takes effect January 1, 2007.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 1208 (Word version) -- Senator Land: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND OPERATION OF SHOOTING PRESERVES, SO AS TO REVISE THE MANNER OF THEIR ESTABLISHMENT, THE LEGAL SHOOTING PRESERVES SPECIES, AND OTHER PROVISIONS PERTAINING TO THE OPERATION OF SHOOTING PRESERVES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (MS\7182AHB06), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 1, immediately after line 40, by inserting:

/ Section 50-11-1205.   No new preserve may be licensed by the department without the approval of the majority of the legislative delegation of the county in which such preserve is to be located. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

H. 3196 (Word version) -- Reps. Whitmire, Mahaffey and Sandifer: A BILL TO AMEND SECTION 33-31-708, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION TAKEN BY BALLOT OF A NONPROFIT CORPORATION, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC BALLOT.

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

The Committee on Judiciary proposed the following amendment (JUD3196.002), which was adopted:

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

/   SECTION   1.   Section 33-31-708 of the 1976 Code is amended to read:

"Section 33-31-708.   (a)   Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting if the corporation delivers a written or electronic ballot to every member entitled to vote on the matter.

(b)   A written or electronic ballot shall:

(1)   set forth each proposed action; and

(2)   provide an opportunity to vote for or against each proposed action.

(c)   Approval by written or electronic ballot pursuant to this section is valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.

(d)   All solicitations for votes by written or electronic ballot shall:

(1)   indicate the number of responses needed to meet the quorum requirements;

(2)   state the percentage of approvals necessary to approve each matter other than election of directors; and

(3)   specify the time by which a ballot must be received by the corporation in order to be counted.

(e)   Except as otherwise provided in the articles or bylaws, a written or electronic ballot may not be revoked."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

H. 3720 (Word version) -- Reps. Talley, Harrison and Clark: A BILL TO AMEND SECTION 7-15-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO EXPAND THE APPLICATION OF THE PROVISIONS OF THE SECTION AND DIRECT THE STATE ELECTION COMMISSION TO TAKE ALL STEPS NECESSARY INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS, TO ENSURE THAT ANY OUT-OF-STATE RESIDENT HAS THE OPPORTUNITY TO RECEIVE AND CAST ANY BALLOT HE WOULD HAVE BEEN ELIGIBLE TO CAST IF HE HAD RESIDED AND REMAINED IN SOUTH CAROLINA.

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

The Committee on Judiciary proposed the following amendment (JUD3720.002), which was adopted:

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

TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND ENFORCING THE STATE'S RESPONSIBILITIES UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; TO AMEND ARTICLE 5, CHAPTER 15 OF TITLE 7, BY ADDING SECTION 7-15-405, SO AS TO REQUIRE THE AUTHORITY CHARGED WITH CONDUCTING AN ELECTION TO PROVIDE AN ABSENTEE INSTANT RUNOFF BALLOT FOR VOTING IN A POTENTIAL PRIMARY RUNOFF AT LEAST FORTY-FIVE DAYS PRIOR TO THE PRIMARY ELECTION TO THE QUALIFIED ELECTORS OF THIS STATE WHO ARE ELIGIBLE TO VOTE AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT; AND TO AMEND SECTION 7-15-460, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO DIRECT THE STATE ELECTION COMMISSION, IN COOPERATION WITH UNITED STATES GOVERNMENT AGENCIES, TO TAKE ALL STEPS AND ACTION AS MAY BE NECESSARY, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS OF STANDARD FORM 76 ISSUED BY THE FEDERAL GOVERNMENT AS AN APPLICATION FOR VOTER REGISTRATION AND AN APPLICATION FOR ABSENTEE BALLOTS AND ELECTRONIC TRANSMISSIONS OF ABSENTEE BALLOTS TO OR FROM ANY ELECTOR ELIGIBLE TO VOTE AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.

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

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

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

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

(C)   The executive director shall:

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

(2)   delete the name of any elector:

(a)   who is deceased,;

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

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

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

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

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

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

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

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

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

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

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

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

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

(12)   serve as the chief state election official responsible for implementing and enforcing the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), as set forth in the United States Code, Title 42, Section 1973ff, et seq."

SECTION   2.   Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:

"Section 7-15-405.   (A)   For the qualified electors of this State who are eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, set forth in the United States Code, Title 42, Section 1973ff, et seq., an absentee ballot with an absentee instant runoff ballot for each potential second primary must be mailed to the elector at least forty-five days prior to the primary election.

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

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

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

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

(F)   The State Election Commission shall promulgate regulations necessary for the implementation of this section."

SECTION   3.   Section 7-15-460 of the 1976 Code is amended to read:

"Section 7-15-460.   In the event of an emergency, as defined in this section (A)   To ensure that all South Carolina residents eligible to vote as provided by the Uniformed and Overseas Citizens Absentee Voting Act, set forth in the United States Code, Title 42, Section 1973ff, et seq., have the opportunity to receive and cast any ballot they would have been eligible to cast if they resided in and had remained in South Carolina, the State Election Commission must, in cooperation with United States government agencies, take all steps and action as may be necessary, including, but not limited to, electronic transmissions of Standard Form 76 issued by the federal government as an application

'Emergency' means any war, conflict, military action, or military mobilization outside the continental United States in which United States forces are involved which would make it impractical for South Carolina citizens serving in the United States armed services to register to vote or vote in person in the normal manner.

(B)   The State Election Commission shall promulgate regulations necessary for the implementation of this section."

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

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

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

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

On motion of Senator MARTIN, with unanimous consent, H. 3720 was ordered to receive a third reading on Friday, March 17, 2006.

H. 3879 (Word version) -- Reps. M.A. Pitts, Hardwick, Witherspoon, E.H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn, Sandifer, Sinclair, G.R. Smith, W.D. Smith, Umphlett, Duncan and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER ASSISTED REMOTE HUNTING, TO DEFINE COMPUTER ASSISTED REMOTE HUNTING FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (3879R002.GEC), which was adopted:

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

/     SECTION   1.   Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-95.   (A)   As used in this section:

(1)   'Computer-assisted remote hunting' means the use of a computer or any other device, equipment, or software, to remotely control the aiming and discharge of a firearm at an animal.

(2)   'Computer-assisted remote hunting facilities' means real property and improvements on the property associated with hunting, including hunting blinds, offices, and rooms equipped to facilitate computer-assisted remote hunting.

(B)   No person may engage in computer-assisted remote hunting in this State. This subsection shall apply to any person who is engaged in computer-assisted remote hunting if either the animal hunted, or any device, equipment, or software to remotely control the firearm are located in this State.

(C)   No person shall establish or operate computer-assisted remote hunting facilities in this State.

(D)   A person who violates this section is guilty of a misdemeanor and, upon conviction for a first offense must be fined not less than five thousand dollars or imprisoned for not more than one year, or both, and for a subsequent offense must be fined not less than ten thousand dollars or imprisoned for not more than five years, or both. Upon conviction for a first offense, a person who violates this section must forfeit any South Carolina hunting or fishing license for ten years. If the person does not possess a South Carolina hunting or fishing license, the person is ineligible to obtain a South Carolina hunting or fishing license for ten years. Upon conviction for a second offense, a person who violates this section must permanently forfeit any South Carolina hunting or fishing license and is permanently ineligible to obtain a South Carolina hunting or fishing license.

(E)   This section does not apply to a person who only provides:

(1)   general-purpose equipment, including a computer, camera, fencing, and building materials;

(2)   general-purpose computer software including an operating system and communications programs; or

(3)   general telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with Internet access.

(F)   The provisions of this section do not apply to a disabled hunter using medical equipment or devices designed to assist with his disability while engaged in the act of hunting."

SECTION   2.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   3.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the committee amendment.

The committee amendment was adopted.

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

S. 1138 (Word version) -- Judiciary Committee: A BILL TO ENACT THE "SEX OFFENDER ACCOUNTABILITY AND PROTECTION OF MINORS ACT OF 2006" BY AMENDING SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 23-3-460, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION EVERY SIX MONTHS RATHER THAN ANNUALLY; TO AMEND SECTION 23-3-530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL; TO AMEND SECTION 23-3-540, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO SHALL OR MAY BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS; AND TO AMEND SECTION 23-3-550, RELATING TO HARBORING OR CONCEALING SEX OFFENDERS, SO AS TO REVISE THE OFFENSE OF ASSISTING OR HARBORING UNREGISTERED SEX OFFENDERS.

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

The Committee on Finance proposed the following amendment (SWB\6762CM06), which was adopted:

Amend the bill, as and if amended, by striking SECTION 10 and inserting:

/ SECTION   10.   This act takes effect on July 1, 2006. /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

Senators FAIR and SHORT proposed the following amendment (MS\7179AHB06), which was adopted:

Amend the bill, as and if amended, by deleting Section 23-3-540(G)(1)(b), as contained in SECTION 6, page 8, beginning on line 1, and inserting:

/ (b)     criminal sexual conduct with minors, a minor in the second degree (Section 16-3-655(B)). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that However, if the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3)(B), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, then the convicted person is not an offender and is not required to register be electronically monitored pursuant to the provisions of this article section; /

Amend the bill further, Section 23-3-540, as contained in SECTION 6, page 6, by adding an appropriately lettered subsection at the end.

/   ( ) Except for juveniles released from the South Carolina Department of Corrections, all juveniles adjudicated delinquent in family court, who are required pursuant to this article to be monitored by the Department of Probation, Parole and Pardon Services with an active electronic device, or who are ordered by a court to be so monitored must be supervised, while under the jurisdiction of the family court or Board of Juvenile Parole, by the Department of Juvenile Justice. The Department of Probation, Parole and Pardon Services shall report to the Department of Juvenile Justice any violation that occurs of the terms or conditions of electronic monitoring for any juvenile being supervised by the department, for as long as the family court or Juvenile Parole Board has jurisdiction over that individual. If the Department of Juvenile Justice determines that a juvenile has violated a term or condition of electronic monitoring, the department shall immediately notify the office of the circuit solicitor of the violation.

If a revocation proceeding is initiated by the circuit solicitor in the family court or if revocation procedures are begun by the Juvenile Parole Board, the procedures, determinations, and findings made by the court must be the same as those set forth for circuit court proceedings in subsection (M), as must be the authority to change, modify, or revoke the terms and conditions of electronic monitoring. However, while a juvenile remains within the jurisdiction of the family court or Juvenile Parole Board, the maximum term of confinement that can be imposed may not exceed that juvenile's twenty-first birthday." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Senator BRYANT proposed the following amendment (1138R005.KLB):

Amend the bill, as and if amended, SECTION 3, page 2, by striking lines 39-43 and Page 3, by striking lines 1-7, and inserting:

/   (C)   A person convicted of a violation of subsection (A)(1) is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of twenty-five years, no part of which may be suspended or probation granted, or must be imprisoned for life, unless he has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for first degree criminal sexual conduct with a minor who is less than eleven years of age or for an offense listed in Section 23-3-430(C) or has been ordered to be included in the sex offender registry pursuant to Section 23-3-430(D), in which case he must be punished by death or by imprisonment for life. A person convicted of a violation of subsection (A)(2) is guilty of a felony and, upon conviction, must be punished by imprisonment for life. For purposes of this subsection, life means until death. A person convicted of a violation of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years according to the discretion of the court.

(D)   If the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant pursuant to this section, a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (D)(1) and (D)(2), and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For

(1)   When the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant pursuant to this section, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. The proceeding must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding must be conducted before the judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has informed the defendant in writing before the trial is admissible. This section must not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States, or the State of South Carolina, or the applicable laws of either. The State, the defendant, and his counsel are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.

(2)   In sentencing a person upon conviction or adjudication of guilt of a defendant pursuant to this section, the judge shall consider, or

(a)   Statutory aggravating circumstances:

(i)   The victim's resistance was overcome by force.

(ii)   The victim was prevented from resisting the act because the actor was armed with a dangerous weapon.

(iii)   The victim was prevented from resisting the act by threats of great and immediate bodily harm, accompanied by an apparent power to inflict bodily harm.

(iv)   The victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing his resistance.

(v)   The crime was committed by a person with a prior conviction for murder.

(vi)   The offender by his act knowingly created a great risk of death to more than one person in a public place by means of a weapon or device, which, normally, would be hazardous to the lives of more than one person.

(vii)   The offender committed the crime for himself or another for the purpose of receiving money or a thing of monetary value.

(viii)   The offender caused or directed another to commit the crime or committed the crime as an agent or employee of another person.

(ix)   The crime was committed against two or more persons by the defendant by one act, or pursuant to one scheme, or course of conduct.

(b)   Mitigating circumstances:

(i)   The defendant has no significant history of prior criminal convictions involving the use of violence against another person.

(ii)   The crime was committed while the defendant was under the influence of mental or emotional disturbance.

(iii)   The defendant was an accomplice in the crime committed by another person and his participation was relatively minor.

(iv)   The defendant acted under duress or under the domination of another person.

(v)   The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

(vi)   The age or mentality of the defendant at the time of the crime.

(vii)   The defendant was below the age of eighteen at the time of the crime.

The statutory instructions as to statutory aggravating and mitigating circumstances must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make the designation of the statutory aggravating circumstance or circumstances. Unless at least one of the statutory aggravating circumstances enumerated in this section is found, the death penalty must not be imposed.

Where a statutory aggravating circumstance is found and a recommendation of death is made, the trial judge shall sentence the defendant to death. The trial judge, before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge shall sentence the defendant to life imprisonment as provided in subsection (D)(4). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to life imprisonment. No person sentenced to life imprisonment under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not

(3)   Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment a person called as a juror must be examined by the attorney for the defense.

(4)   In a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law."/

Renumber sections to conform.

Amend title to conform.

Senator BRYANT explained the amendment.

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

H. 4757 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, 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,

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

S. 1249 (Word version) -- Senators Sheheen, Short and Gregory: A CONCURRENT RESOLUTION URGING DUKE POWER COMPANY TO WORK IN CONJUNCTION AND COORDINATION WITH THE STATE OF SOUTH CAROLINA TO PROTECT AND PRESERVE LANDS SURROUNDING AND IMPACTED BY THE PRODUCTION OF HYDROELECTRIC POWER ON LAKE WATEREE.

Senator SHEHEEN spoke on the Resolution.

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

S. 1252 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SPAN BRIDGE OVER THE INTRACOASTAL WATERWAY THAT CROSSES HIGHWAY 9 IN HORRY COUNTY IN HONOR OF J. BRYAN FLOYD, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. BRYAN FLOYD BRIDGE".

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

S. 1253 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE OUTSTANDING CONTRIBUTIONS OF THE CIVILIAN CONSERVATION CORPS TO THE BEAUTY AND PRESERVATION OF THE SOUTH CAROLINA LANDSCAPE, AND TO DESIGNATE MARCH 31, 2006, AS "CCC RECOGNITION DAY".

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

H. 4789 (Word version) -- Reps. Funderburk, Coleman, Delleney, Cotty and Lucas: A CONCURRENT RESOLUTION URGING THE DUKE POWER COMPANY TO DEVELOP AND OPERATE ADEQUATE FLOOD

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

H. 4665 (Word version) -- Reps. Duncan, M.A. Pitts and Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE LITTLE RIVER ALONG SOUTH CAROLINA HIGHWAY 72 IN LAURENS COUNTY THE "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE" IN HONOR OF THE LITTLE RIVER REGIMENT WHICH WAS A GATHERING OF PATRIOTS OF THE OLDE 96 DISTRICT DURING THE AMERICAN REVOLUTIONARY WAR, AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PATRIOTS OF THE LITTLE RIVER REGIMENT MEMORIAL BRIDGE".

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

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

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

Senator RICHARDSON objected.

S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land, Bryant, O'Dell and Jackson: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING AN AGRICULTURAL FACILITY OR OPERATION, ARE NULL AND VOID AND TO FURTHER DEFINE WHAT CONSTITUTES AN AGRICULTURAL OPERATION.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 1205.

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.

On motion of Senator CLEARY, with unanimous consent, the name of Senator CLEARY was removed as a co-sponsor of S. 1113.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford,

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, with unanimous consent, the Joint Resolution was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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

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

Senator LOURIE moved to carry over the Bill.

Senator SETZLER moved to table the motion to carry over the Bill.

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

Alexander                 Anderson                  Bryant
Campsen                   Courson                   Cromer
Elliott                   Fair                      Grooms
Hawkins                   Hayes                     Hutto
Knotts                    Land                      Leventis
Martin                    McConnell                 McGill
Mescher                   Peeler                    Scott
Setzler                   Short                     Thomas

Cleary                    Lourie                    Malloy
Matthews                  O'Dell                    Patterson
Pinckney                  Reese                     Richardson
Ritchie                   Sheheen                   Verdin
Williams

The motion to table the motion to carry over was adopted.

The question then was the third reading of the Bill.

Senator CAMPSEN requested to take up a further amendment pursuant to the provisions of Rule 26B.

There was no objection and Amendment No. 8 was taken up for immediate consideration.

Senator CAMPSEN proposed the following Amendment No. 8 (JUD3184.034), which was adopted:

Amend the bill further, as and if amended, page 40, by striking SECTION 54, beginning on line 32, in its entirety and inserting therein the following:

/   SECTION   54.   This act takes effect upon approval by the Governor and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Ocean and Coastal Resource Management permits that are before the Administrative Law Court on the effective date of this act. For those actions only, the department shall hear appeals from the administrative law judges in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review.   /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

Senator McCONNELL requested to take up a further amendment pursuant to the provisions of Rule 26B.

There was no objection and Amendment No. 9 was taken up for immediate consideration.

Senator McCONNELL proposed the following Amendment No. 9 (JUD3184.035), which was adopted:

Amend the bill, as and if amended, page 37, by striking lines 11 through 14 in their entirety and inserting therein the following:

/   Title 1.               /

Amend the bill further, as and if amended, page 37, by striking Section 44-1-60(A), beginning on line 28, and inserting therein the following:

/   "Section 44-1-60. (A) All department decisions involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, or other actions of the department which may give rise to a contested case shall be made using the procedures set forth in this section.   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

Under the provisions of Section 8-13-700, S. C. Code of Laws, I wished the Journal to reflect that I abstained from consideration of and voting on matters pertaining to H. 3184.

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Johnny Gill of Rock Hill, S.C.

At 12:12 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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