Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear a few words from the Prophet Isaiah (53:4):

"Surely, He hath borne our griefs, and carried   our sorrows; yet we did esteem Him stricken, smitten   of God and afflicted. But He was wounded for our transgressions, He was bruised for our iniquities..."

Let us pray.

Father, as Jews and Christians move through these days called Holy Week by so many, may the deep themes of the human spirit - hope, suffering, betrayal, redemption - so quicken our minds and hearts that we may celebrate anew the eternal love of God for a wayward humanity.

May we this day be wise stewards of the good things You have entrusted into our care!
Amen!

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

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

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Darryl L. Lukie, P. O. Box 385, Ninety Six, S.C. 29666

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Eudora "Dodie" W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Robert G. Hamilton, 1225 Old Mill Road, Campobello, S.C. 29322

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Frederick Donald "Don" Watson, 150 Kelsey's Mill Road, Campobello, S.C. 29322-8806

Reappointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2005, and to expire July 1, 2009

6th Congressional District:

Charles R. Murray, 200 Carolina Ave., St. George, S.C. 29477

Referred to the General Committee.

Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 2006, and to expire June 30, 2010

At-Large:

Vernon Lee McCurry, 114 Merrifield Dr., Greenville, S.C. 29615

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2003, and to expire September 30, 2006

Therapist:

Ricardo Holmes, Sr., P. O. Box 290663, Columbia, S.C. 29229-0012 VICE Celeste Ranon

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2006, and to expire September 30, 2009

Therapist:

Ricardo Holmes, Sr., P. O. Box 290663, Columbia, S.C. 29229-0012

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2003, and to expire September 30, 2006

Therapist:

Dr. Lesly S. Wilson, 2018 Watermark Place, Columbia, S.C. 29210

Referred to the Committee on Labor, Commerce and Industry.

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

Public:

Trey Pennington, Hidden Treasures, 500 West Lee Road, Taylors, S.C. 29687 VICE James Rogers

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2005, and to expire September 30, 2008

Occupational Therapy Assistant:

Ms. Linda H. Remick, Interim Healthcare, P. O. Box 12243, Greenville, S.C. 29612

Referred to the Committee on Medical Affairs.

Initial Appointment, Medical Disciplinary Commission of the State Board of Medical Examiners, with term to commence July 1, 2005, and to expire July 1, 2008

Public/Layman:

Rev. Father Francis C. Zanger, 665 Fair Spring Drive, Charleston, S.C. 29414

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2006, and to expire June 30, 2010

5th Congressional District:

Dr. Otis D. Speight, 2098 Diamond Head Circle, Tega Cay, S.C. 29708 VICE Billy Alexander

Referred to the Committee on Medical Affairs.

Senator COURSON introduced Dr. Brian Huff of Columbia, S.C., Doctor of the Day.

On motion of Senator McCONNELL, at 12:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for this week.

On motion of Senator SETZLER, at 12:05 P.M., Senator LAND was granted a leave of absence for this week.

At 12:05 P.M., Senator MESCHER requested a leave of absence for the past two weeks.

On motion of Senator BRYANT, at 12:05 P.M., Senator VERDIN was granted a leave of absence until 1:00 P.M.

The following were introduced:

S. 1327 (Word version) -- Senator Williams: A SENATE RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE AT THE PASSING OF MR. JAMES A. BLAKE, SR. OF MARION, SOUTH CAROLINA, HONORING HIS MANY ACCOMPLISHMENTS, AND EXTENDING THE DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
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The Senate Resolution was adopted.

S. 1328 (Word version) -- Senator Courson: A SENATE RESOLUTION TO CONGRATULATE MR. LEWIS E. HICKS OF COLUMBIA ON THE OCCASION OF HIS NINETIETH BIRTHDAY ON APRIL 17, 2006, AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH, HAPPINESS, AND JOY.
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The Senate Resolution was adopted.

S. 1329 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REVEREND DR. SAMUEL B. MARSHALL OF DORCHESTER COUNTY FOR HIS DEVOTION TO HIS FAITH, CAREER, AND COMMUNITY AND TO WISH HIM THE BEST IN ALL FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1330 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3337 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT EQUAL TO THE AMOUNT BY WHICH PROPERTY TAX PAID ON THE TAXPAYER'S OWNER-OCCUPIED RESIDENCE IN A TAXABLE YEAR EXCEEDS TWO PERCENT OF THE TAXPAYER'S GROSS HOUSEHOLD INCOME, TO DEFINE GROSS HOUSEHOLD INCOME, AND TO PROVIDE FOR A SEPARATE ABBREVIATED CLAIM FORM FOR A TAXPAYER NOT REQUIRED TO FILE A FEDERAL AND STATE INDIVIDUAL INCOME TAX RETURN.
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Read the first time and referred to the Committee on Finance.

S. 1331 (Word version) -- Senators McConnell and Leatherman: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S AUTHORITY TO REMOVE STATE AND LOCAL OFFICERS, SO AS TO INCLUDE THE MEMBERS OF THE GOVERNING BODY OF THE STATE PORTS AUTHORITY AMONG THOSE STATE OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE, TO PROVIDE THAT THE GOVERNOR MUST NOT REQUEST A MEMBER OF THE AUTHORITY'S GOVERNING BODY TO RESIGN UNLESS CAUSE FOR REMOVAL EXISTS, AND TO PROVIDE THAT THE REMOVAL OF A MEMBER OF THE GOVERNING BODY EXCEPT FOR CAUSE MUST BE CONSIDERED AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.
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Read the first time and referred to the Committee on Judiciary.

S. 1332 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY BY ORDINANCE TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO REAL PROPERTY WHICH QUALIFIES AS EITHER REHABILITATED HISTORIC PROPERTY OR AS LOW AND MODERATE INCOME RENTAL PROPERTY, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH LOW AND MODERATE INCOME RENTAL PROPERTY IS ELIGIBLE TO RECEIVE THE SPECIAL PROPERTY TAX ASSESSMENTS AUTHORIZED BY THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 1333 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and referred to the Committee on Judiciary.

S. 1334 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-3-645 SO AS TO PROVIDE THAT WHERE THE OFFICE OF DISCIPLINARY COUNSEL CANNOT AGREE WITH A SUMMARY COURT JUDGE OR MUNICIPAL RECORDER WHO HAS BEEN PLACED ON INTERIM SUSPENSION BY THE SUPREME COURT AS TO THE APPROPRIATE DISCIPLINE TO BE IMPOSED ON THAT JUDGE OR RECORDER AFTER A PERIOD OF ONE HUNDRED EIGHTY DAYS SINCE THE DATE OF THE INTERIM SUSPENSION, THE SUPREME COURT SHALL CAUSE A HEARING TO BE CONVENED ON THE MATTER WHICH SHALL RESULT IN A DISCIPLINE BEING IMPOSED OR A DISMISSAL OF THE MATTER AND A REMOVAL OF THE INTERIM SUSPENSION.
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Read the first time and referred to the Committee on Judiciary.

S. 1335 (Word version) -- Senator Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-60 SO AS TO REQUIRE PRESCRIPTION DRUG MANUFACTURERS AND LABELERS TO SUBMIT MARKETING ACTIVITIES AND EXPENSE REPORTS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ANNUALLY, TO SPECIFY THE CONTENTS OF THESE REPORTS, AND TO REQUIRE THE DEPARTMENT TO ANALYZE THE IMPACT OF THESE ACTIVITIES AND EXPENSES ON COST, UTILIZATION, AND DELIVERY OF HEALTH CARE IN THIS STATE AND TO SUBMIT THIS INFORMATION TO THE GOVERNOR AND GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1336 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88 PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.
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Read the first time and referred to the Committee on Finance.

S. 1337 (Word version) -- Senators Malloy and Knotts: A BILL TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE USE OF ANY VEHICLE OR AIRPLANE OPERATED FOR TRAINING OR DUTY BY THE EMERGENCY AIR WING OF THE STATE GUARD SHALL CONVEY LIABILITY UPON THE SOUTH CAROLINA NATIONAL GUARD, SOUTH CAROLINA STATE GUARD, OR STATE OF SOUTH CAROLINA ONLY AFTER THE REQUIRED LIABILITY INSURANCE ON THE VEHICLE OR AIRPLANE HAS BEEN FULLY APPLIED; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE GENERAL FUND OF THE STATE OF SOUTH CAROLINA.
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Read the first time and referred to the General Committee.

S. 1338 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 2-19-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR INVESTIGATION AND CONSIDERATION OF THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REQUIRE THAT THE COMMISSION MEMBERS IN THEIR VOTING MUST EVALUATE AND GIVE A POINT TOTAL FOR EACH JUDICIAL CANDIDATE USING THE EVALUATIVE CRITERIA AND AN ADDITIONAL CATEGORY ACCORDING TO A SPECIFIED POINT SYSTEM; AND TO AMEND SECTION 2-19-80, RELATING TO THE NOMINATION OF QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO REQUIRE THE COMMISSION MEMBERS TO SELECT CANDIDATES BASED ON THE CRITERIA POINT TOTALS.
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Read the first time and referred to the Committee on Judiciary.

S. 1339 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPRESENTATION OF ANOTHER PERSON BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO AUTHORIZE A MEMBER OF THE FIRM FOR WHICH THE MEMBER IS ASSOCIATED OR EMPLOYED TO APPEAR BEFORE THE GOVERNMENTAL ENTITY UNDER CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Judiciary.

H. 4317 (Word version) -- Reps. Brady, Funderburk, Mitchell, Bowers, Ballentine, Ceips, Scarborough and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION, WITH LIMITATIONS TO BUILDINGS OF MORE THAN TEN MILLION DOLLARS AND EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4351 (Word version) -- Reps. Ballentine, W. D. Smith, Vick, G. M. Smith, Altman, Hagood, Haley, Neilson, J. E. Smith, Haskins, Jennings, Funderburk, Jefferson, Hinson, G. Brown, Limehouse, Townsend, Miller, Agnew, Pinson, Sinclair, Bannister, Frye, E. H. Pitts, Clark, Umphlett, Leach, Loftis, Battle, Kennedy, Anthony, Allen, Mack, Anderson, Moody-Lawrence, Mitchell, McLeod, Coleman, Clemmons, Delleney, Rutherford, R. Brown, Parks, J. H. Neal, Howard, Clyburn, Govan, Hodges, Cobb-Hunter, Hosey, J. Brown, Young, M. Hines, Weeks, Hiott, Toole, Huggins, Hardwick, M. A. Pitts, Littlejohn, Branham, Cotty, J. R. Smith, Owens, Duncan, Skelton, Mahaffey, Bales, Whipper, Stewart, McGee, Hamilton, Bowers, Perry, Viers, Dantzler, Davenport, Chellis, Herbkersman, Bingham and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4427 (Word version) -- Reps. Cato, Harrell, Sandifer, Leach, Walker, Loftis, Bingham, Townsend, Simrill, Haley, Anthony, Littlejohn, Davenport, Clark, Taylor, Young, Vaughn, Witherspoon, Bailey, Barfield, Battle, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Hamilton, Herbkersman, Hinson, Hiott, Huggins, Kirsh, McCraw, Norman, Owens, Perry, E. H. Pitts, Rice, Scarborough, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Tripp, White, Thompson, Mitchell, Mahaffey, Hagood and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE FOR THE ORDERLY DISSOLUTION OF THE SECOND INJURY FUND AND TO PROVIDE FOR SUBSEQUENT ACTIONS TO BE TAKEN BY THE BUDGET AND CONTROL BOARD RELATING TO THE WINDING DOWN OF OPERATIONS OF THE FUND; BY ADDING SECTION 42-15-85 SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS ON THE EMPLOYEE, AND TO PROVIDE HOW CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN, TO PROVIDE AN EXCEPTION, AND TO DEFINE "EXPERT WITNESS" FOR PURPOSES OF THIS SECTION; BY AMENDING SECTION 38-55-530, AS AMENDED, RELATING TO DEFINITIONS AS USED IN OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO FURTHER DEFINE "FALSE STATEMENT AND MISREPRESENTATION"; BY AMENDING SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE REVISED CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS IN CONNECTION WITH AN INSURANCE TRANSACTION; BY AMENDING SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION BY THE OFFICE OF THE ATTORNEY GENERAL, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT; BY AMENDING SECTION 42-1-160, AS AMENDED, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO FURTHER DEFINE THESE TERMS; BY AMENDING SECTION 42-1-360, RELATING TO EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO INCLUDE "PROFESSIONAL SPORTS TEAM PLAYER" IN THE EXEMPTION; BY AMENDING SECTION 42-3-20, RELATING TO THE MEMBERSHIP, TERMS OF OFFICE, VACANCIES, AND DUTIES OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP AND REVISE THE PROCEDURE FOR HEARING CONTESTED CASES; BY AMENDING SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR THE DEFINITION OF "PERMANENT MEDICAL IMPAIRMENT"; BY AMENDING SECTION 42-9-60, RELATING TO COMPENSATION THAT IS NOT ALLOWED WHEN INJURY OR DEATH IS CAUSED BY INTOXICATION OR WILFUL INTENTION OF EMPLOYEE, SO AS TO EXCLUDE FROM COVERAGE INJURIES CAUSED BY THE INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS; BY AMENDING SECTION 42-9-360, AS AMENDED, RELATING TO THE ASSIGNMENTS OF COMPENSATION AND THE EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO MAKE CLAIMS FOR COMPENSATION NOT SUBJECT TO ASSIGNMENT; BY AMENDING SECTION 42-11-10, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE", SO AS TO FURTHER DEFINE THIS TERM; BY AMENDING SECTION 42-15-60, RELATING TO MEDICAL TREATMENT AND SUPPLIES BEING FURNISHED AND AN EMPLOYEE'S REFUSAL TO ACCEPT TREATMENT, SO AS TO PROVIDE FOR THE TERMINATION OF THE EMPLOYER'S OBLIGATION TO PROVIDE MEDICAL BENEFITS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 42-15-80, RELATING TO PRIVILEGED INFORMATION COMMUNICATED AT EMPLOYEE EXAMINATIONS, SO AS TO PROVIDE THAT A PHYSICIAN, SURGEON, OR OTHER HEALTH CARE PROVIDER, WITHOUT THE PERMISSION OF THE EMPLOYEE, MAY DISCUSS AND COMMUNICATE AN EMPLOYEE'S MEDICAL HISTORY, DIAGNOSIS, CAUSATION, COURSE OF TREATMENT, PROGNOSIS, WORK RESTRICTIONS, AND IMPAIRMENTS WITH THE REPRESENTATIVE OF THE INSURANCE CARRIER, THE EMPLOYER, THE EMPLOYEE, THEIR ATTORNEY, THE REHABILITATION PROFESSIONAL, OR THE COMMISSION; BY AMENDING SECTION 42-15-90, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE COMMISSION, SO AS TO PROVIDE FOR THE ATTORNEY'S FEES FOR REPRESENTING AN EMPLOYEE BEFORE THE COMMISSION; BY AMENDING SECTION 42-15-95, AS AMENDED, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION", TO PROVIDE THAT ALL MEDICAL AND VOCATIONAL INFORMATION INSTEAD OF ALL INFORMATION COMPILED BY A HEALTH CARE FACILITY OR PROVIDER BE PROVIDED WITHIN A CERTAIN TIME, AND TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM; AND BY AMENDING SECTION 42-17-90, RELATING TO THE REVIEW OF AN AWARD ON CHANGE OF A CONDITION, SO AS TO PROVIDE THAT IN OCCUPATIONAL DISEASE CASES, A REVIEW MUST NOT BE MADE AFTER TWELVE MONTHS FROM THE DATE OF THE LAST PAYMENT OF BENEFITS.

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

H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT HIS REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND IN ADDITION TO HOSPITALIZING THE PERSON, TO AUTHORIZE THE COURT IN SUCH A PROCEEDING TO CONTINUE THE PERSON IN DETENTION OR ON BOND.

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

H. 4858 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3025, 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 Medical Affairs.

H. 4912 (Word version) -- Reps. Lucas, Neilson and J. Hines: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE DARLINGTON COUNTY BOARD OF EDUCATION, SO AS TO CHANGE THE CANDIDATE FILING DEADLINE FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH AND CHANGE THE DATE THE FIRST NOTICE MUST BE PUBLISHED.

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

H. 4922 (Word version) -- Rep. J. E. Smith: A BILL TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; TO PROVIDE THAT REAL PROPERTY HELD BY THE COMMISSION MUST BE TRANSFERRED IN ACCORDANCE WITH THE INSTRUMENT THROUGH WHICH THE PROPERTY WAS CONVEYED TO THE COMMISSION; AND TO PROVIDE THAT THE STATE SHALL CONVEY TO RICHLAND COUNTY ANY PROPERTY THAT REVERTS TO THE STATE; AND TO REPEAL ACT 69 OF 1963, RELATING TO THE ESTABLISHMENT, POWERS, AND DUTIES OF THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION.

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

H. 4940 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

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

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

S. 148 (Word version) -- Senators Campsen and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-112 ENACTING THE "SOUTH CAROLINA RELEASED TIME CREDIT ACT", SO AS TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY AWARD HIGH SCHOOL STUDENTS ELECTIVE CARNEGIE UNITS FOR THE COMPLETION OF RELEASED TIME CLASSES IN RELIGIOUS INSTRUCTION AND TO PROVIDE THAT THE RELEASED TIME CLASSES MUST BE EVALUATED ON THE BASIS OF PURELY SECULAR CRITERIA.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 1209 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 64 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

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

H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.

Ordered for consideration tomorrow.

Columbia, S.C., April 6, 2006

Mr. President and Senators:

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

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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 6, 2006

Mr. President and Senators:

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

H. 4821 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 139 IN HORRY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 701 IN THE TOWN OF LORIS TO ITS INTERSECTION WITH CANE BRANCH ROAD IN THE CITY OF CONWAY THE "AUSTIN M. ENZOR MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AUSTIN M. ENZOR MEMORIAL HIGHWAY".
Very respectfully,
Speaker of the House

Received as information.

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

H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M.A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D.C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E.H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON BENEFITS FINANCIALLY AS A DIRECT RESULT OF HIS PARTICIPATION IN AN INVOLUNTARY SERVITUDE OFFENSE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, SO AS TO REFERENCE ENGAGING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY OR A SEXUALLY EXPLICIT PERFORMANCE AND TO PROVIDE AN INCREASED PENALTY IF A PERSON VIOLATES THE PROVISIONS OF THIS SECTION AND USES OVERT FORCE OR THE THREAT OF OVERT FORCE.

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

Senator HUTTO asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.

There was no objection.

Having received the requisite number of votes under the provisions of Rule 26B, Amendment No. 1 was taken up for immediate consideration.

Senator HUTTO proposed the following amendment (JUD3060.002), which was adopted:

Amend the bill, as and if amended, page 2, line 16, by adding:

/   (C)   This section does not apply to labor or services performed or provided by a person in the custody of the Department of Corrections or a local jail, detention center, or correctional facility."/

Renumber sections to conform.

Amend title to conform.

Senator HUTTO 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.

H. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360 ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.

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

Senator CAMPSEN asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B

There was no objection.

Having received the requisite number of votes under the provisions of Rule 26B, Amendment No. 1 was taken up for immediate consideration.

Senator CAMPSEN proposed the following amendment (4572R001.GEC), which was adopted:

Amend the bill further, as and if amended, page 17, by adding an appropriately numbered new SECTION to read:

/   SECTION   __.   A.   Section 50-21-710 of the 1976 Code is amended to read:

"Section 50-21-710.   (A)   As used in this section:

(1)   'Aids to navigation' means any device designed or intended to assist a navigator to determine his position or safe course or to warn him of danger or obstructions to navigation.

(2)   'Regulatory markers' means any device which indicates to a vessel operator the existence of dangerous areas as well as those which are intended to restrict or control, such as speed zones and areas dedicated to a particular use or to provide general information and directions. This includes bathing markers, speed zone markers, information markers, danger zone markers, boat keep out areas, mooring buoys, wharves, docks, obstructions or hazards to navigation, and any activity, object, or construction in the waters of the State.

(B)   The department may make rules promulgate regulations for the uniform marking of the water areas in this waters of the State and may regulate the operation of all vessels, watercraft, and water devices through the placement of aids to navigation and regulatory markers. Such rules The regulations shall establish a marking system compatible with the system of aids to navigation prescribed by the United States Coast Guard or its successor agency. No city, county, or person shall mark or obstruct the waters of this State in any manner so as to endanger the operation of watercraft or conflict with the marking system prescribed by the department.

(C)   The operation of any vessel, watercraft, or water device within a prohibited area is negligent operation unless the seriousness of the operation within a prohibited area constitutes reckless operation.

(D)   It shall be unlawful for a person to operate a vessel, watercraft, or water device on the waters of this State in a manner other than that prescribed or permitted by regulatory markers.

(E)   No person shall may moor or fasten a vessel, watercraft, or water device to or wilfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this chapter.

(F)   A person who violates a provision of this section or regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-21-150(2) this chapter."

B.   This SECTION takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN 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.

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

S. 772 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTORCYCLE FOOTRESTS, HANDLEBARS, AND REAR VIEW MIRRORS, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE SIZE AND POSITION OF A MOTORCYCLE'S HANDLEBARS.

S. 955 (Word version) -- Senators Moore and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 63 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES.

S. 996 (Word version) -- Senators Thomas and Ritchie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 63 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "CANCER RESEARCH CENTERS OF THE CAROLINAS" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.

S. 1041 (Word version) -- Senators Hutto and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES.

S. 1047 (Word version) -- Senators Ryberg, Knotts and Lourie: A BILL TO AMEND SECTION 56-3-5400 OF THE 1976 CODE, RELATING TO FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES ONLY TO ACTIVE MEMBERS IN GOOD STANDING, TO PROVIDE A PERSON ISSUED A LICENSE PLATE PURSUANT TO THIS SECTION WHO CEASES TO BE A MEMBER MUST SURRENDER HIS LICENSE PLATE, AND TO PROVIDE PENALTIES FOR KNOWINGLY FAILING TO SURRENDER THE LICENSE PLATE.

S. 1058 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THE DEPARTMENT MAY NOT DISCLOSE ACCIDENT OR INCIDENT REPORTS, FACILITY RECORDS, OR COPIES OF FACILITY RECORDS SUBMITTED TO THE DEPARTMENT BY A FACILITY OR ACTIVITY LICENSED OR SUBJECT TO INSPECTION BY THE DEPARTMENT.

S. 1099 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO WARTIME DISABLED VETERANS, SO AS TO PROVIDE THAT A CERTIFICATE SIGNED BY THE COUNTY VETERANS AFFAIRS OFFICER THAT CERTIFIES A VETERAN'S DISABILITY MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES TO SATISFY ITS REQUIREMENTS FOR THE ISSUANCE OF THE SPECIAL LICENSE PLATE, TO LIMIT THE NUMBER OF SPECIAL LICENSE PLATES THAT MAY BE ISSUED TO A VETERAN, TO PROVIDE THAT A HOLDER OF A SPECIAL LICENSE PLATE MUST PROVIDE A NEW CERTIFICATION OF HIS DISABILITY AT THE TIME A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, AND TO PROVIDE THAT WHEN A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, A SURVIVING SPOUSE MUST CERTIFY THAT THE SPOUSE HAS NOT REMARRIED.

S. 1100 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-15-350, 56-16-180, AND 56-19-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, AND AN APPLICATION FOR A CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, SO AS TO REVISE A REFERENCE TO A PROVISION OF FEDERAL LAW.

S. 1133 (Word version) -- Senators Alexander, Bryant, Martin, Malloy, Mescher, Lourie, Gregory and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3870 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A MOTOR VEHICLE TO BE EQUIPPED WITH OR FOR THE OPERATOR OF A MOTOR VEHICLE TO EMPLOY A RADAR OR LASER JAMMING DEVICE, AND TO PROVIDE A PENALTY.

S. 1165 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.

S. 1189 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 75 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE KOREAN WAR VETERANS SPECIAL LICENSE PLATES.

S. 1228 (Word version) -- Senators Alexander and Cromer: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.

S. 1283 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 12-6-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE REDUCED STATE MARGINAL INDIVIDUAL INCOME TAX RATE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO MAKE THIS APPLICATION AT THE ELECTION OF THE TAXPAYER, TO PROVIDE A MINIMUM FIVE YEARS FOR THIS ELECTION, TO PROVIDE ADDITIONAL DEFINITIONS FOR THIS APPLICATION, AND TO PROVIDE A "SAFE HARBOR" AMOUNT IN DETERMINING THE NONPERSONAL SERVICE PORTION OF ACTIVE TRADE OR BUSINESS INCOME IN A PASS-THROUGH BUSINESS WITH GROSS INCOME OF LESS THAN ONE MILLION DOLLARS AND TAXABLE INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS.

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

H. 4881 (Word version) -- Reps. Cobb-Hunter, Mitchell, Clyburn, Hosey, Hodges, Govan, Howard, J.H. Neal, J. Hines, Funderburk, Haley, Mack, Branham, Breeland, J. Brown, R. Brown, Hardwick, M. Hines, Hinson, Jefferson, McCraw, McGee, Ott, Rivers, Scott, F.N. Smith, Vaughn, Weeks, Whipper and Young: A JOINT RESOLUTION TO CREATE THE CHRONIC KIDNEY DISEASE TASK FORCE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING DEVELOPING A PLAN TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT EARLY SCREENING, DIAGNOSIS, AND TREATMENT AND PROVIDING RECOMMENDATIONS FOR IMPLEMENTATION OF SUCH A PLAN; AND TO REQUIRE THE TASK FORCE TO SUBMIT ITS REPORT AND RECOMMENDATIONS BEFORE THE 2007 LEGISLATIVE SESSION, AT WHICH TIME THE TASK FORCE IS ABOLISHED.

S. 391 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

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

S. 1007 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 12-45-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY BY ORDINANCE TO ALLOW QUARTERLY OR MONTHLY INSTALLMENT PAYMENTS OF TAXES ON REAL PROPERTY, SO AS TO REQUIRE THE PAYMENT OF ESTIMATED PROPERTY TAXES ON REAL PROPERTY IN BI-MONTHLY INSTALLMENTS, EACH DUE ON FEBRUARY 15, APRIL 15, JUNE 15, AUGUST 15, OCTOBER 15, AND DECEMBER 15 OF EACH YEAR, TO DEFINE ESTIMATED PROPERTY TAX LIABILITY, TO PROVIDE THAT THE TOTAL OF ESTIMATED PROPERTY TAXES PAID IS A CREDIT AGAINST THE TOTAL PROPERTY TAXES DUE ON THE PROPERTY, TO PROVIDE FOR INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS OF ESTIMATED PROPERTY TAX, TO REQUIRE PROPERTY TAX NOTICES TO CONTAIN A CALCULATION OF AN ESTIMATED PROPERTY TAX LIABILITY AND RETURN ENVELOPES FOR PAYING THE ESTIMATED PROPERTY TAX, AND TO PROVIDE THAT THE PAYMENT OF ESTIMATED PROPERTY TAXES AND THE CREDIT ALLOWED AGAINST PROPERTY TAXES FOR ESTIMATED PROPERTY TAXES DOES NOT ALTER THE DUE DATE, PENALTY SCHEDULE, AND ENFORCED COLLECTION OF PROPERTY TAXES EXCEPT WITH RESPECT TO INTEREST ADDED TO PROPERTY TAX FOR UNDERPAYMENT OF ESTIMATED PROPERTY TAX.

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

The Bill was read the third time and ordered sent to the House.

Senator HAWKINS asked unanimous consent to reconsider the vote whereby the Bill was read the third time and sent to the House.

There was no objection and third reading of the Bill was reconsidered.

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

There was no objection.

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

Senator HAYES explained the Bill.

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

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

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

The Bill was read the third time and ordered enrolled for Ratification.

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

Senator RICHARDSON spoke on the motion.

The motion to reconsider the vote whereby the Bill was given a third reading was adopted.

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

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

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E.H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, F.N. Smith, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX, TO EXEMPT THE SALE OF UNPREPARED FOOD, TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES IN THE HOMESTEAD EXEMPTION FUND SHALL BE DISBURSED TO PROPERTY TAXING ENTITIES OF THIS STATE, TO ADD SECTION 4-9-56 SO AS TO LIMIT THE MILLAGE PROPERTY TAXING ENTITIES OF THIS STATE MAY IMPOSE ON PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO REPEAL SECTIONS 12-37-223A, 12-37-270, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX.
(ABBREVIATED TITLE)

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

Senator HAYES explained the committee amendment.

At 1:20 P.M., Senator MARTIN assumed the Chair.

Senator HAYES resumed explaining the committee amendment.

Senator RICHARDSON spoke on the committee amendment.

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

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

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Darryl L. Lukie, P. O. Box 385, Ninety Six, S.C. 29666

Having received a favorable report from the Spartanburg County Delegation, the following appointments were confirmed in open session:

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Eudora "Dodie" W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Robert G. Hamilton, 1225 Old Mill Road, Campobello, S.C. 29322

Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

At-Large:

Frederick Donald "Don" Watson, 150 Kelsey's Mill Road, Campobello, S.C. 29322-8806

On motion of Senator WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. James A. Blake, Sr. of Marion, S.C., retired Assistant Superintendent of Marion County School District 1.

At 2:02 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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