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, St. Paul wrote to the Philippians (4:6):

"In everything by prayer... with thanksgiving, let your requests be made known unto God."

Let us pray.

Our God and our Father, in our weakness You are our strength. Don't let us stumble today!

You are the Shepherd, Lord - call us back when we stray from right paths.

Give us the satisfaction of knowing that if we honestly strive to please You, new vigor comes to us for hard tasks.

Guide us, O Thou Great Jehovah!
Amen!

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

On motion of Senator MARTIN, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to Jennifer Gravely, Coach of the Lady Blue Flame Volleyball Team from Pickens High School, and Principal Marion Lawson.

On motion of Senator MARTIN, with unanimous consent, the Privilege of the Floor was extended to Coach Jennifer Gravely for the purpose of presenting a resolution commending the coach and team on their winning the AAA championship.

At 11:18 A.M., Senator McCONNELL assumed the Chair.

Senator FAIR introduced Dr. Hal Shaw of Greenville, S.C., Doctor of the Day.

S. 572 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO REDESIGNATE THE FORMER SECTION 11-35-4020 PROVIDING FOR THE SALE OF UNSERVICEABLE MATERIALS AND EQUIPMENT BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 and 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4340, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER," "DESIGNATED BOARD OFFICE", OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE, FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR

On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 572.

S. 1199 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 42 TO TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 2006", TO PROVIDE PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER PERSON FOR A COMMERCIAL DEBT A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, CAPITAL GAINS, DIVIDEND BONUSES, AND COMMISSIONS OF THE DEBTOR; TO AMEND SECTION 37-5-104, RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR CERTAIN CONSUMER DEBTS, SO AS TO PERMIT GARNISHMENT FOR COMMERCIAL DEBTS AS DEFINED IN CHAPTER 42 OF TITLE 15, AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO A COURT'S DETERMINATION OF UNCONSCIONABLE CONDUCT REGARDING CERTAIN CONSUMER CREDIT TRANSACTIONS, SO AS TO ADD ANOTHER FACTOR FOR THE COURT TO CONSIDER OF INDUCING A DEBTOR IN A CONSUMER CREDIT OBLIGATION TO SIGN A STATEMENT INDICATING THAT THE DEBT IS INCURRED FOR BUSINESS OR COMMERCIAL PURPOSES SUBJECTING THE DEBT TO LEVY OR GARNISHMENT PURSUANT TO THE BUSINESS DEBT RECOVERY ACT DEPRIVING THE DEBTOR OF HIS RIGHTS PURSUANT TO TITLE 37 AND PROVIDING FURTHER PROCEDURES FOR THE COURT TO FOLLOW WHEN MAKING THIS DETERMINATION.

Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

Senator THOMAS asked unanimous consent to commit the Bill to the Committee on Judiciary.

There was no objection.

The Bill was recalled from the Committee on Banking and Insurance and committed to the Committee on Judiciary.

The following were introduced:

S. 1277 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-45 SO AS TO PROVIDE FOR ALLOCATION OF EXCESS PAYMENTS ON A MORTGAGE TO REDUCE THE PRINCIPAL AMOUNT OF THE UNDERLYING OBLIGATION.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1278 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-85 SO AS TO REQUIRE A PRINTED CHECK CONTAINING A BANK CUSTOMER'S IDENTIFYING INFORMATION ALSO TO INCLUDE THE DATE THE CUSTOMER ESTABLISHED THE ACCOUNT WITH THE BANK.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1279 (Word version) -- Senator Cromer: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN NEWBERRY COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4886 (Word version) -- Reps. Ceips, Emory, J. M. Neal, J. H. Neal, McLeod, Agnew, Bailey, Bales, Battle, J. Brown, Funderburk, Harvin, Miller, Neilson, Ott, Rice, Scott, Whitmire and Young: A CONCURRENT RESOLUTION TO REQUEST THE STATE BUDGET AND CONTROL BOARD FROM ITS RESERVE FUNDS TO IMMEDIATELY PROVIDE THE STATE MUSEUM WITH SUFFICIENT FUNDING TO BUY OR OTHERWISE RECLAIM THREE BATTLE FLAGS OF THE AMERICAN REVOLUTIONARY WAR CAPTURED BY LIEUTENANT COLONEL BANASTRE TARLETON DURING THE BATTLE OF

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

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

S. 66 (Word version) -- Senators Short, Ford, Lourie, Cleary and Malloy: 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.

Ordered for consideration tomorrow.

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

S. 1263 (Word version) -- Senators Ritchie, Peeler and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-165 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE EXPEDITED REVIEW PROGRAM TO PROVIDE A VOLUNTARY EXPEDITED PROCESS FOR REVIEW OF PERMIT APPLICATIONS; TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THE PROGRAM, INCLUDING EXPEDITED PROCESS APPLICATION FEES; TO CREATE A PILOT PROGRAM TO TEST AND EVALUATE THE ECONOMIC AND ADMINISTRATIVE BENEFITS OF A STATEWIDE REVIEW

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee submitted a favorable report on:

H. 4585 (Word version) -- Reps. Simrill, Bowers, Kennedy, Duncan, Bannister, Ceips, Cobb-Hunter, Leach, Limehouse, Littlejohn, Ott and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-682 SO AS TO DESIGNATE BOILED PEANUTS AS THE OFFICIAL STATE SNACK FOOD.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee submitted a favorable report on:

H. 4605 (Word version) -- Reps. Witherspoon, Barfield, Chellis, Edge, Hardwick and Hayes: A CONCURRENT RESOLUTION TO DECLARE AUGUST 12, 2006, AS "NATIONAL MARINA DAY" IN SOUTH CAROLINA IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND TO MAKE OUR CITIZENS MORE AWARE OF THE OVERALL CONTRIBUTIONS OF MARINAS TO THEIR WELL-BEING.

Ordered for consideration tomorrow.

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 T. MARCUS OF TREE OF LIFE CONGREGATION FOR HIS OUTSTANDING SPIRITUAL LEADERSHIP AND MANY CONTRIBUTIONS TO HIS DEVOTED MEMBERS, TO THE INTERFAITH COMMUNITY, AND TO THE STATE OF SOUTH

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 23, 2006, at 12:04 P.M. and the following Acts and Joint Resolutions were ratified:

(R256, S. 137 (Word version)) -- Senators Hayes and Elliott: AN ACT TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AS A PERSON WHO HAS BEEN THE PRIMARY CAREGIVER AND FINANCIAL SUPPORTER OF A CHILD WHO HAS RESIDED WITH THAT PERSON FOR SIX MONTHS IF THE CHILD IS UNDER THREE YEARS OF AGE AND ONE YEAR IF THE CHILD IS THREE YEARS OLD OR OLDER, AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OR VISITATION OF THE MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.
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(R257, S. 511 (Word version)) -- Senator Richardson: AN ACT TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA,

(R258, S. 1061 (Word version)) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM; AND BY ADDING SECTION 51-17-85 SO AS TO PROVIDE FOR RESTRICTIONS ON DISPOSITION OF TRUST PROPERTY.
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(R259, S. 1114 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A RESTRICTED OR SUPERVISED LENDER RECOMMENDED BY THE INDEPENDENT CONSUMER FINANCE ASSOCIATION.
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(R260, H. 3720 (Word version)) -- Reps. Talley, Harrison and Clark: AN ACT TO AMEND SECTION 7-3-20, AS AMENDED, 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

(R261, 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: AN ACT 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 WHEN FLAGS ATOP THE STATE CAPITOL BUILDING MUST BE FLOWN AT HALF-STAFF, 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, AND

(R262, 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: AN ACT TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE PERCENTAGE WEIGHTINGS FOR GRADES THREE THROUGH SIX FOR THE FOUR CORE CONTENT AREAS; TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE

(R263, 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.
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(R264, H. 4539 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 3014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R265, 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.
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(R266, H. 4541 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R267, 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.
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(R268, 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.
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THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

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

H. 4624 (Word version) -- Reps. Vaughn, Harrell, Cooper, Haskins, Leach, Taylor, Bannister, Cato, Ceips, Hamilton, Littlejohn, Loftis, Mahaffey, Mitchell, Rice, Sinclair, F.N. Smith, G.R. Smith, W.D. Smith, Talley, Walker, Tripp and Townsend: A BILL TO AMEND SECTION

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

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 following Bill was read the third time and ordered sent to the House of Representatives:

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

By prior motion of Senator LEVENTIS

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

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.

Senator RITCHIE explained the Bill.

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.

S. 626 (Word version) -- Senators Hawkins and Leventis: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO INCLUDE THAT IT IS ILLEGAL TO CONFINE OR RESTRICT THE MOVEMENT OF AN ANIMAL IN A WAY THAT INFLICTS EXTENDED AND UNNECESSARY SUFFERING UPON AN ANIMAL.

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

Senator HUTTO proposed the following Amendment No. 1A (626R003.CBH), which was adopted and later withdrawn:

Amend the bill, as and if amended, page 2, by striking lines 1 - 7 and inserting:

/   (B)   Whoever A person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any an animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed five years and by a fine of five thousand dollars any part of which may be suspended or probation granted.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted and later withdrawn.

Senators HUTTO, CAMPSEN, GROOMS and KNOTTS proposed the following Amendment No. 2 (GJK\20943SD06), which was adopted:

Amend the bill, as and if amended, in Section 47-1-40 of the 1976 Code, as contained in SECTION 1, subsection (C), by striking /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

Senators GROOMS, KNOTTS and HAWKINS proposed the following Amendment No. 3C (626R002.LKG), which was adopted:

Amend the bill, as and if amended, by adding two appropriately numbered new SECTIONS to read:

/     SECTION ___.   Section 47-1-130 of the 1976 Code, is amended to read:

"Section 47-1-130.   Any person violating the laws in relation to cruelty to animals may be arrested and held, without warrant, in the same manner as in the case of persons found breaking the peace. In addition to all other requirements, a magistrate may not issue an arrest warrant for a person alleged to have violated any law in relation to cruelty to animals until an investigating law enforcement officer or appropriate county or city animal control officer provides the magistrate with an incident report of the alleged violation."     /

SECTION ___.   Section 47-1-150 of the 1976 Code, is amended to read:

"Section 47-1-150.   (A)   When complaint is made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been or are being violated in any particular building or place and after an investigating law enforcement officer or appropriate county or city animal control officer provides the magistrate with an incident report of the alleged violation, such the magistrate, if satisfied that there is reasonable cause for such the belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, deputy state constable, constable, or police officer to search such the building or place; but no search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown. If an animal is seized pursuant to this section and the South Carolina Society for the Prevention of Cruelty of Animals, or

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

Senator HAWKINS spoke on 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.

Having voted on the prevailing side, Senator HAWKINS moved to reconsider the vote whereby the Bill was given a second reading.

Second reading was reconsidered.

Having voted on the prevailing side, Senator HAWKINS moved to reconsider the vote whereby Amendment No. 1A was adopted.

There was no objection and the adoption of Amendment No. 1A was reconsidered.

On motion of Senator HAWKINS, with unanimous consent, Amendment No. 1 was withdrawn.

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

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

Senator RANKIN asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

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

Senator RANKIN asked unanimous consent to refer the Joint Resolution to the Committee on Education.

There was no objection.

The Resolution was referred to the Committee on Education.

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.

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

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.

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

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.

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

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

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 2A (1138R007.LAM) proposed by Senators BRYANT, MARTIN, KNOTTS, RYBERG, VERDIN, FAIR and RICHARDSON and previously printed in the Journal of Wednesday, March 22, 2006.

Senator MARTIN, with unanimous consent, was granted leave to address brief remarks to the body.

Senator MARTIN asked unanimous consent to make a motion to carry over the Bill.

Senator MARTIN withdrew the motion to carry over the Bill.

Senator HUTTO was recognized to speak on Amendment No. 2A.

Senator KNOTTS asked unanimous consent to make a motion, with Senator HUTTO retaining the floor, to give the Bill a second reading, carrying over all amendments to third reading and waiving the provisions of Rule 26B.

Senator McCONNELL objected.

Senator HUTTO continued arguing contra to the adoption of Amendment No. 2A.

Senator KNOTTS asked unanimous consent to make a motion, with Senator HUTTO retaining the floor, that the Senate stand adjourned.

Senator THOMAS objected.

Senator HUTTO continued arguing contra to the adoption of Amendment No. 2A.

Senator KNOTTS moved that the Senate stand adjourned.

Debate was interrupted by adjournment.

Having received a favorable report from the Committee on Agriculture and Natural Resources, the following appointments were confirmed in open session:

Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2004, and to expire March 1, 2008

Special Purpose Districts:

Stephen Michael Caston, Startex-Jackson-Wellford-Duncan-Water District, P. O. Box 607, Lyman, S.C. 29365 VICE Carl Jack Earle

Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2004, and to expire June 30, 2008

Mining Industry:

Roger C. Dunlap, Vulcan Materials Co., P. O. Box 8834, Greenville, S.C. 29604 VICE James Daniel

Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2004, and to expire March 1, 2008

Commission on Public Works:

John W. Westcott, Spartanburg Water System, 297 South Ave., Spartanburg, S.C. 29306 VICE John Daniel Bennett

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Reappointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2006, and to expire June 30, 2010

2nd Congressional District:

Duane M. Swygert, P. O. Box 486, Hardeeville, S.C. 29927

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2006, and to expire June 30, 2010

At-Large:

Isaac Johnson, Jerusalem Baptist Church, 301 South Sixth Street, Hartsville, S.C. 29550 VICE Roosevelt Boyd

Initial Appointment, Solicitor of the Fourteenth Judicial Circuit

Hon. Isaac McDuffie Stone III, 3 Rowboat Row, Hilton Head Island, S.C. 29928

Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2003, and to expire June 30, 2007

2nd Congressional District:

Mary M. Amonitti, Dunes Marketing Group, P. O. Box 21326, Hilton Head, S.C. 29925 VICE Jane Brewer

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2003, and to expire October 18, 2007

At-Large:

Devon Hanahan, 522 West Wimbleton Dr., Charleston, S.C. 29412 VICE Cynthia Brown

Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2005, and to expire June 30, 2009

4th Congressional District:

John Vaughn, Faith Baptist Church, 500 West Lee Road, Taylors, S.C. 29687 VICE Isaac Dickson

Reappointment, South Carolina Mental Health Commission, with term to commence March 21, 2006, and to expire March 21, 2011

3rd Congressional District:

Jane B. Jones, Century 21-Flynn/Youngblood Co., 3401-A, Earle E. Morris Jr. Hwy., Piedmont, S.C. 29673 VICE George C. Wilson

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2002, and to expire June 30, 2006

6th Congressional District:

Audrey Ingle Horne, 110 Bryant Street, St. George, S.C. 29477 VICE J. Lewis Stephens

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2002, and to expire March 21, 2007

2nd Congressional District:

James Buxton Terry, 16 Quinine Hill, Columbia, S.C. 29204 VICE Jean Burns

Initial Appointment, South Carolina State Board of Medical Examiners, with term to commence December 31, 2005, and to expire December 31, 2009

3rd Congressional District:

Dr. John David de Holl, AnMed Health Administration, 800 North Fant Street, Anderson, S.C. 29621 VICE Anthony Todd Crowe

Reappointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 30, 2004, and to expire June 30, 2008

Audiologist:

Dr. Gwendolyn D. Wilson, Ed.D., SC State University, P. O. Box 7304, Orangeburg, S.C. 29117

Reappointment, State Board of Pharmacy, with term to commence June 30, 2005, and to expire June 30, 2011

1st Congressional District:

James R. Bradham, R.Ph., 684 Marsh Point Drive, Charleston, S.C. 29412

Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2002, and to expire June 1, 2006

Audiologist:

Alan Smith, AuD, Anderson Audiology Consultants, PA, 1209 North Fant St., Anderson, S.C. 29621 VICE Lynn M. Lehman

Reappointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2006, and to expire June 1, 2010

Audiologist:

Alan Smith, AuD, Anderson Audiology Consultants, PA, 1209 North Fant Street, Anderson, S.C. 29621

On motion of Senator WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Annie Bell Johnson of Blenheim, S.C.

At 12:53 P.M., on motion of Senator KNOTTS, 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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