Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:55 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 Senator MALLOY as follows:

Beloved, hear words from Psalm 150:

"Hallelujah! Praise God... Praise Him for His   powerful acts; praise Him for His abundant greatness."

Let us pray.

Lord, God, we come to You today praising You for all that You have done for us. You are most powerful and we ask that You guide us as we act on issues that will affect the lives of all South Carolinians.

In Your abundant greatness, You have given us the beauty of our State - the strength of the mountains; the gentle flow of rivers and streams; the beauty of the fields of our farmlands; the calm and mighty roar of the ocean; and all the special people who are our citizens. All of this is South Carolina and we thank You for letting us be a part of this greatness.

Praise God from Whom all blessings flow!
Amen!

The PRESIDENT appointed Senators PATTERSON, LEATHERMAN, BRYANT, REESE, HAYES and O'DELL to escort the State Easter Seals Representatives, their parents and members of their party for the Joint Assembly.

At 11:58 A.M., on motion of Senator MARTIN, the Senate receded from business for the purpose of attending the Joint Assembly.

At Twelve O'clock Noon, the Senate appeared in the Hall of the House.

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

S. 1173 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 22, 2006, AS "CREATING SOLUTIONS FOR DISABILITIES DAY" TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 22, 2006, AT WHICH TIME THE STATE EASTER SEAL AND "BUCK-A-CUP" REPRESENTATIVES WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seals Representatives, their parents, and members of their party were escorted to the rostrum.

The PRESIDENT then recognized Senator LOURIE.

Senator LOURIE introduced the following members who escorted the 2006 State Easter Seals State Representatives and guests:

Senator PATTERSON and Representative Scott escorted and presented Ms. Tonara Beaver of Columbia, S.C.;

Senator LEATHERMAN and Representative Branham recognized Antoine Brown of Florence, S.C., who was unable to attend;

Senator BRYANT and Representative Becky Rogers Martin recognized Matthew Scott Burdette of Anderson, S.C., who was unable to attend;

Senator REESE and Representative W. Doug Smith escorted and presented Christine Harley of Spartanburg, S.C.;

Senator HAYES and Representative Bessie A. Moody-Lawrence escorted and presented Heaven McCoy of Rock Hill, S.C.; and

Senator O'DELL and Representative White escorted and presented Ann Grace Wright of Anderson, S.C.

Senator LOURIE also recognized Mr. Gene Rountree, Chairman, Easter Seals South Carolina Board of Directors, ably assisted by Director Timothy W. James, President of the South Carolina Law Enforcement Officers' Association; Alisa Mosley, Executive Director of the South Carolina Law Enforcement Officers' Association; Sam Erb, State President of the South Carolina Restaurant Association; and Thomas Sponseller, Executive Director of the South Carolina Restaurant Association; Miss Erika Grace Powell, Miss South Carolina; Ms. Deanna Lewis, President and CEO of Easter Seals South Carolina; and Ms. Lila Anna Sauls, Director of Development for Easter Seals, who have worked so hard to make the 2006 Buck-A-Cup Campaign such a success.

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

At 12:23 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:06 P.M. and was called to order by the PRESIDENT.

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

Columbia, S.C., March 21, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.249, H. 4294 by a vote of 2 to 0:

(R249, H4294 (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

Received as information.

(R249, H4294 (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.

The veto of the Governor was taken up for immediate consideration.

Senator HUTTO moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Richardson
Ritchie                   Ryberg                    Scott

Setzler                   Sheheen                   Short
Thomas                    Verdin                    Williams

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

At 2:20 P.M., Senator CROMER requested a leave of absence beginning at 2:30 P.M. and lasting until 4:00 P.M.

On motion of Senator MALLOY, at 3:27 P.M., Senator SHEHEEN was granted a leave of absence for the balance of the day.

S. 66 (Word version) -- Senators Short, Ford, Lourie and Cleary: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.

On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 66.

S. 1251 (Word version) -- Senators Peeler, Short, Malloy, Thomas, Fair, Knotts, O'Dell, Land, Hutto and Williams: A BILL TO AMEND THE CODE

On motion of Senator WILLIAMS, with unanimous consent, the name of Senator WILLIAMS was removed as a co-sponsor of S. 1251.

S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land, Bryant, O'Dell, Jackson and Cromer: 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 FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 1205.

At 2:09 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 11:15 A.M. on Thursday, March 23, 2006.   There was no objection and a message was sent to the House accordingly.

The following were introduced:

S. 1266 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE RABBI SANFORD

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

S. 1267 (Word version) -- Senators Hawkins and Knotts: A BILL TO AMEND SECTION 23-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO MUST BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS.
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Read the first time and referred to the Committee on Judiciary.

S. 1268 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF TRAFFICKING COCAINE BASE AS A VIOLENT CRIME.
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Read the first time and referred to the Committee on Judiciary.

S. 1269 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER TWENTY YEARS OF AGE TO OPERATE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR ANOTHER WIRELESS COMMUNICATIONS DEVICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION.
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Read the first time and referred to the Committee on Transportation.

S. 1270 (Word version) -- Senator Courson: A SENATE RESOLUTION CONGRATULATING DR. RONALD K. COWDEN ON THE OCCASION OF HIS RETIREMENT, HONORING HIS MANY ACCOMPLISHMENTS AND YEARS OF EXEMPLARY

The Senate Resolution was adopted.

S. 1271 (Word version) -- Senator Williams: A SENATE RESOLUTION CONGRATULATING MR. ALEX PIPKINS ON THE OCCASION OF HIS RETIREMENT, AND WISHING HIM MUCH SUCCESS ON HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1272 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 40-68-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A RESTRICTED LICENSE FOR A PROFESSIONAL EMPLOYER ORGANIZATION DOMICILED IN ANOTHER STATE, SO AS TO ELIMINATE THE REQUIREMENT THAT AN APPLICANT BE LICENSED AND IN GOOD STANDING IN ITS STATE OF RESIDENCE, AND TO REQUIRE INSTEAD THAT THE APPLICANT BE LICENSED AND REGISTERED IN GOOD STANDING IN ANOTHER STATE AND PROPERLY REGISTERED AS A FOREIGN ENTITY WITH THE SOUTH CAROLINA SECRETARY OF STATE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1273 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN A. McALLISTER, JR. OF COLUMBIA ON RECEIVING THE ALVAH H. CHAPMAN, JR. DISTINGUISHED LEADERSHIP AWARD FOR 2006 AWARDED BY THE CITADEL SCHOOL OF BUSINESS ADMINISTRATION AND FOR HIS INDUCTION INTO THE CITADEL BUSINESS HALL OF FAME, AND FURTHER TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1274 (Word version) -- Senator Cleary: A SENATE RESOLUTION TO COMMEND TAIWAN ON ITS CONTRIBUTIONS TO THE GLOBAL ECONOMY AND THE PROMOTION OF WORLD

The Senate Resolution was adopted.

S. 1275 (Word version) -- Senator Moore: A SENATE RESOLUTION TO COMMEMORATE THE SEVENTY-FIFTH ANNIVERSARY OF THE CHRISTIAN HERITAGE CHURCH OF GRANITEVILLE AND TO WISH ITS CLERGY AND CONGREGANTS ALL THE BEST IN THE COMING YEARS.
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The Senate Resolution was adopted.

S. 1276 (Word version) -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE THE FRANCIS HUGH WARDLAW ACADEMY LADY PATRIOTS BASKETBALL TEAM OF EDGEFIELD COUNTY ON ITS MOST IMPRESSIVE SCISA CLASS A STATE CHAMPIONSHIP TITLE AND TO HONOR ITS PLAYERS AND THEIR COACH, DENNIS GIBSON, ON ANOTHER EXTRAORDINARY SEASON.
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The Senate Resolution was adopted.

H. 4595 (Word version) -- Reps. Cato, Walker, Jennings, Battle, Cobb-Hunter, Sandifer, Haley, Kennedy, Bales, Ballentine, Branham, Emory, Hayes, J. Hines, Littlejohn, Mahaffey, Miller, Neilson, Rivers, Sinclair, Umphlett, Vick and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER

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

H. 4859 (Word version) -- Reps. Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. JESSIE LOU MARTIN OF GALIVANT'S FERRY UPON HER RECEIPT OF THE 2006 HORRY COUNTY RURAL LADY OF THE YEAR AWARD.

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

H. 4863 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes,

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

H. 4864 (Word version) -- Reps. Townsend and Agnew: A CONCURRENT RESOLUTION TO CONGRATULATE THE CRESCENT HIGH SCHOOL BOYS WRESTLING TEAM FOR WINNING THE 2006 CLASS AA-A STATE CHAMPIONSHIP.

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

H. 4866 (Word version) -- Reps. Barfield, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R.

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

H. 4867 (Word version) -- Reps. Harrison, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE MRS. LILLIE PATTON DEVLIN, A LIFELONG RESIDENT OF GREENWOOD COUNTY, ON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO EXTEND BEST WISHES TO HER FOR MANY MORE TO COME.

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

H. 4868 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 30-MAY 7, 2006, AS SOIL AND WATER STEWARDSHIP WEEK IN SOUTH CAROLINA AND TO COMMEND THE CONSERVATION DISTRICTS OF SOUTH CAROLINA FOR PROMOTING WISE AND RESPONSIBLE STEWARDSHIP OF OUR SOIL AND WATER.

The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

H. 4869 (Word version) -- Reps. Cotty, Chellis, Chalk and Coleman: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN A. McALLISTER, JR., OF COLUMBIA ON RECEIVING THE ALVAH H. CHAPMAN, JR. DISTINGUISHED LEADERSHIP AWARD FOR 2006 AWARDED BY THE CITADEL SCHOOL OF BUSINESS ADMINISTRATION AND FOR HIS INDUCTION INTO THE CITADEL BUSINESS HALL OF FAME, AND FURTHER TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 4871 (Word version) -- Reps. Harrell and Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 3, 2006, AT 12:00 NOON, IMMEDIATELY BEFORE THE FOLK HERITAGE AND ELIZABETH O'NEILL VERNER AWARDS AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, AND MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL, AND OLD EXCHANGE BUILDING COMMISSION TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2006, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

On motion of Senator ALEXANDER, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4872 (Word version) -- Reps. Sandifer and Owens: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ERIKA GRACE POWELL OF PICKENS COUNTY FOR HER SCHOLASTIC HONORS AND HER MANY OTHER ACCOMPLISHMENTS AND TO CONGRATULATE HER ON BEING CROWNED MISS SOUTH CAROLINA 2005.

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

H. 4873 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE CLAUDE THOMAS OF ABBEVILLE COUNTY FOR HIS LASTING CONTRIBUTIONS TO HIS CAREER AND COMMUNITY AND TO DESIGNATE APRIL 14, 2006 AS "CLAUDE THOMAS DAY" TO COMMEMORATE THE WORK HE HAS DONE IN FURTHERANCE OF THIS GREAT STATE.

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

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

S. 217 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT.

Ordered for consideration tomorrow.

Senator CAMPSEN from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

S. 722 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable report on:

S. 998 (Word version) -- Senators Ritchie and Setzler: A BILL TO AMEND SECTION 20-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FINGERPRINT REVIEW FOR A PERSON APPLYING FOR LICENSURE AS A FOSTER PARENT, SO AS TO INCLUDE ANYONE SEEKING APPROVAL TO ADOPT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES (DSS) TO UNDERGO A FINGERPRINT REVIEW; AND TO AMEND SECTION 20-7-1642 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON FOSTER CARE REPLACEMENT WITH PERSONS WITH A HISTORY OF CHILD ABUSE OR NEGLECT OR OTHER CRIMINAL CONVICTIONS OR PLEAS, SO AS TO INCLUDE A PROHIBITION ON PLACING A DSS CHILD IN A HOME FOR FOSTER CARE OR ADOPTION WHERE ANYONE IN THE HOME OVER THE AGE OF EIGHTEEN HAS PLED GUILTY OR NOLO CONTENDERE TO UNLAWFUL CONDUCT TOWARD A CHILD OR CRUELTY TO CHILDREN.

Ordered for consideration tomorrow.

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

S. 1162 (Word version) -- Senators Grooms, Reese and Verdin: A BILL TO AMEND SECTION 23-9-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT THE DIVISION OF STATE FIRE MARSHAL SHALL ESTABLISH FEES FOR EQUIPMENT LICENSES AND PERMITS IN REGULATION, WHICH MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT

Ordered for consideration tomorrow.

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

H. 3721 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Senator ELLIOTT from the Committee on Judiciary submitted a favorable report on:

H. 4421 (Word version) -- Reps. Chellis, Young, Bailey, Harrell, Harrison and Miller: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS UPON A FAVORABLE REFERENDUM VOTE, SO AS TO PROVIDE THAT TEMPORARY PERMITS FOR THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AUTHORIZED TO BE ISSUED IN A COUNTY OR MUNICIPALITY PURSUANT TO THE REFERENDUM PROVIDED FOR AT THAT TIME MAY CONTINUE TO BE ISSUED OR REISSUED WITHOUT THE REQUIREMENT OF A FURTHER REFERENDUM.

Ordered for consideration tomorrow.

Columbia, S.C., March 22, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3720 (Word version) -- Reps. Talley, Harrison and Clark: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Received as information.

Columbia, S.C., March 22, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

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

Received as information.

Columbia, S.C., March 22, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

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,

Received as information.

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".

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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

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

S. 301 (Word version) -- Senator Ford: A BILL 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 CERTAIN REQUIREMENTS MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT BY MAIL, AND THAT ANY QUALIFIED ELECTOR MUST BE

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.

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

S. 1264 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER BOARD, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2006, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 ON JULY 1, 2006, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE AS SUPERVISOR AND FISCAL AGENT OF THE SCHOOL UNDER THE DIRECTION OF THE SUPERINTENDENTS.

By prior motion of Senator LEVENTIS

H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W.D. Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.

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

Senators MATTHEWS and HUTTO proposed the following amendment (JUD3841.003), which was adopted:

Amend the bill, as and if amended, page 5, after line 9, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.     A.   Section 12-6-3360(B)(5) of the 1976 Code is amended by adding the following subitem at the end of item (5) to read:

"(g)   Notwithstanding the limitation imposed by subsection (B)(1)(a), in a county which is at least one thousand square miles in size and which has had an unemployment rate greater than the state average and an average per capita income lower than the state average for the past ten years, the credit allowed is two tiers higher than the credit for which the county would otherwise qualify. This subitem does not apply to a county eligible for a higher tier pursuant to another provision of this item."

B.     This section is effective for calendar year 2006 and shall apply to any company that applied for Job Development Credits on or after January 1, 2006.     /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL 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. 4764 (Word version) -- Reps. Phillips and Harrell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 5, 2006, AT 12:00 NOON, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COLLEGE OF CHARLESTON, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2006, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

Senator ALEXANDER proposed the following amendment (4764R002.TCA), which was adopted:

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

TO FIX TUESDAY, APRIL 4, 2006, AT 12:30 P.M., AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COLLEGE OF CHARLESTON, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP

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

(1)   That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives Tuesday, April 4, 2006, at 12:30 P.M., for the purpose of electing members of the boards of trustees of The Citadel, Clemson University, College of Charleston, Coastal Carolina University, Francis Marion University, Lander University, Medical University of South Carolina, South Carolina State University, University of South Carolina, Wil Lou Gray Opportunity School, and Winthrop University to succeed those members whose terms expire in 2006, or whose positions otherwise must be filled; and

(2)   That all nominations be made by the chairman of the joint legislative committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

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.

H. 4671 (Word version) -- Reps. G.M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER AND WHEN THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A FINAL ORDER, TO AMEND SECTION 1-23-660, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, TO AMEND SECTION 56-1-370 AND SECTION 56-1-410, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, TO AMEND SECTION 56-1-1030 AND SECTION 56-1-1090, RELATING TO THE REVOCATION AND ISSUANCE OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR ALCOHOL, TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE, TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, TO REPEAL SECTION 56-5-2952, AND TO REPEAL SECTION 56-9-320.
(ABBREVIATED TITLE)

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, Anderson and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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,

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

Senator RANKIN spoke on the Bill.

The Bill was read the second time, passed and ordered to a third reading.

Senators HAWKINS, LEVENTIS, SHEHEEN and HAYES desired to be recorded as voting against the second reading of the Bill.

The Bill was returned to the status of Special Order.

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 2 (1138R005.KLB) proposed by Senator BRYANT and previously printed in the Journal of Thursday, March 16, 2006.

Senator BRYANT explained the amendment.

At 3:28 P.M., on motion of Senator MARTIN, with unanimous consent, the Senate receded from business not to exceed five minutes, with Senator BRYANT retaining the floor.

At 3:56 P.M., the Senate resumed.

At 3:56 P.M., Senator McCONNELL assumed the Chair.

Senator BRYANT explained the amendment.

Senator MARTIN spoke on the amendment.

With Senator BRYANT retaining the floor, Senator MARTIN asked unanimous consent to make a motion to substitute Amendment No. 2A for Amendment No. 2.

There was no objection.

Senators BRYANT, MARTIN, KNOTTS, RYBERG, VERDIN, FAIR and RICHARDSON proposed the following amendment No. 2A (1138R007.LAM):

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, 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 imprisoned for not less than ten years nor more than thirty years, no part of which may be suspended or probation granted. 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 purposes of this section, 'life imprisonment' means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of parole. No person sentenced to life imprisonment, pursuant to this subsection, is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. Under no circumstances may a female who is pregnant be executed, so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole, community

(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 he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:

(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.

(iv)   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

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 unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant upon conviction or adjudication of guilt of a defendant pursuant to this section, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment, as provided in subsection (D)(4).

(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

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

Senator BRYANT explained the amendment.

Senator HUTTO spoke on the amendment.

With Senator HUTTO retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

With Senator HUTTO retaining the floor, on motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment.

The Senate agreed to go into Executive Session prior to adjournment.

On motion of Senator MARTIN, the seal of secrecy was removed and the Senate stood adjourned.

On motion of Senators LEVENTIS and HAWKINS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Harry Burchstead, Sr. of Reidville, S.C., beloved father of General Harry Burchstead, Jr. of the National Guard. Mr. Burchstead was one of the proud members of "America's Greatest Generation." Mr. Burchstead served our country honorably in World War II and Vietnam and lived a life that exemplified leadership, patriotism and service. This legacy lives on in the lives of his children and grandchildren. He will be missed by all who knew and loved him.

At 5:05 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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