Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear St. Paul speaking to the Ephesians, Chapter 4:1:

"I therefore, the prisoner of the Lord, beseech you that you walk worthy of the vocation wherewith you are called."

Let us pray.

You, O Lord, are the Lord of changeless power and endless life. Have mercy upon us and all our enemies. Make us bold in our convictions of right and wrong.

O Lord, where we cannot all be of the same mind, may we become one in spirit and devotion to what we believe is Your will!
Amen!

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

The following appointment was transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Jacquelyn G. Jenkins, P.O. Box 697, St. George, S.C. 29477 VICE Raymond McMillan

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby vetoing and returning without my approval S. 800, R-277, a bill that would increase the monetary fine and permit custodial arrest for adults who violate the child restraint law:

(R277, S800 (Word version)) -- Senators Sheheen and Hawkins: AN ACT TO AMEND SECTION 56-5-6450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED FIFTY DOLLARS.

In allowing primary enforcement of the seat belt law to become law without my signature, I was transparent about my intentions with respect to future seat belt laws:

"I want to be clear in my commitment to veto any further changes unless they involve transitioning to seat belt enforcement built around admissibility in the courtroom for seat belt usage. I think that provision is key to holding people responsible for their own actions while preserving their freedom and ability to weigh the consequences of those actions."

Like the seat belt bill, this bill fails to recognize one of the central tenets of responsibility in a legal sense - admissibility in a court of law. The domain of personal judgment should be preserved as people make these types of decisions and, likewise, individuals should know that if they make the wrong decision and are in a wreck, they may not be able to collect damages that would otherwise be afforded to them and their families had they made a different decision.

However, that is not the case with S. 800, as violation of the amended article remains inadmissible as evidence in any civil trial. In view of this gaping exemption, I believe this bill's attempt at attaching personal responsibility to this offense by increasing a modest fine is half-hearted at best. In any case, I am bound by my earlier words to veto this legislation.

In dealing with issues like S. 800, I believe we must keep a watchful eye out for the intrusion of government into our homes and families. Small children should be secured in safety seats, but making sure they do so is the primary responsibility of parents, not the government.

Government's involvement often comes at the expense of undermining parental responsibility and authority and, I believe, this course in the long run is troubling. It has been proven that it is more dangerous to drive at night or in the rain - are these times when parents should be penalized for taking those additional risks with the lives of their children? Different parents have very different views on the degree to which activities around the house are dangerous. Folks in the country view certain activities as just part of growing up while people in the city might see them as life-threatening. Should a parent look at custodial arrest because society at large holds a different view of risks they have deemed acceptable within their own family? Should government manufactured safety seats financed with your tax dollars ultimately be a requirement in all cars?

After all, if our real goal is to make sure children are in booster seats and we are working from the notion that government can best decide the smallest of decisions for its citizens, why not charge an agency with issuing safety seats to all new mothers and policing their mandated use? I think some lines have to be drawn on government mandating parental decisions when government will not start with the basics - that individuals and families ought to be liable and responsible for their own actions.

In and of itself, there is nothing wrong with the motivation behind S. 800, but, bit by bit, I do believe legislation like this saps parents of their duty to be responsible - furthering our nation's growing dependence on its government without truly acquainting offenders with personal responsibility for their actions. Again, I want to be consistently clear on this notion of personal responsibility as it relates to seat belts - I cannot, in good conscience, sign a seat belt bill that fails to address the current inadmissibility of seat belt evidence in a court of law.

For the reasons stated above, I am vetoing S. 800 and returning it without my approval.
Sincerely,
/s/ Mark Sanford

(R277, S800 (Word version)) -- Senators Sheheen and Hawkins: AN ACT TO AMEND SECTION 56-5-6450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED FIFTY DOLLARS.

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

Senator SHEHEEN spoke on the veto.

Senator McCONNELL spoke on the veto.

Senator SHEHEEN 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                 Bryant                    Courson
Cromer                    Drummond                  Fair
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leventis                  Lourie
Malloy                    Martin                    Matthews
McGill *                  Mescher                   Moore
O'Dell                    Peeler                    Reese
Ritchie                   Ryberg                    Setzler
Sheheen                   Short                     Thomas
Verdin

Campsen                   McConnell                 Scott

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

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

Sen. Thomas L. Moore, Chairman               Nancy V. Coombs
Rep. Harry F. Cato, Vice Chairman               Chief Counsel
Sen. Thomas C. Alexander                   Jennifer L. Parrish
Elizabeth H. Atwater, Esquire                   Committee Counsel
Erin B. Crawford, Esquire                     Debra D. Hammond
Rep. Harry L. Ott, Jr.                           Committee Staff
Sen. Luke A. Rankin, Sr.
Rep. William E. Sandifer, III
John Steven Simmons, Esquire
Helen T. Zeigler, Esquire

Members of the South Carolina General Assembly
South Carolina State House
Columbia, South Carolina

Dear Fellow Members:

Enclosed is the State Regulation of Public Utilities Review Committee's Report as to Qualifications of Candidates for Seats 2, 4, and 6 of the South Carolina Public Service Commission. The report is designed to assist you in determining how to cast your vote. The Review Committee is charged with the duty to nominate up to three candidates for each seat on the Public Service Commission (Commission). In accordance with this mandate, the Review Committee thoroughly investigated each candidate with respect to his or her suitability for service on the Commission. The Review Committee has found all four candidates to be qualified. A transcript of the oral examination of the four candidates on April 20, 2006, is appended to this report by reference, as required by law. It may be found on the General Assembly's website:
.

The Review Committee's finding that a candidate is qualified and nominated means that the candidate satisfies the constitutional and statutory criteria for service on the Commission and the Review Committee's evaluative criteria. The enclosed report explains the Review Committee's evaluative criteria and details each candidate's qualifications as they relate to the evaluative criteria.

Candidates for the Public Service Commission are prohibited from asking for your commitment until 12:00 noon Wednesday, May 10, 2006. Members of the General Assembly are not permitted to issue letters of introduction, announcements of candidacy, or statements detailing a candidate's qualifications on behalf of a candidate, and are not permitted to offer a pledge to vote for a candidate until 12:00 noon on May 10, 2006. If you find a candidate violating the pledging prohibitions or if you have questions about this report, please contact the Review Committee at (803) 212-6625.
Sincerely,
/s/ Thomas L. Moore

Act No. 175 of 2004 created the State Regulation of Public Utilities Review Committee (Review Committee) and charged the Review Committee with, among other duties, the duty to nominate candidates for the members of the South Carolina Public Service Commission (Commission); the duty to oversee the Commission; and the duty to evaluate the activities and effectiveness of the Commission and individual commissioners. The Review Committee is composed of ten members, six of whom are members of the General Assembly, and four of whom are members of the public.

The Review Committee conducted background investigations of each candidate, including credit and law enforcement checks. It gave a written examination to determine the level of knowledge that each candidate has with respect to substantive public utility issues, ethical constraints applicable to the Commission, and the operations of the Commission. It also sent a survey to Commission employees and persons appearing before the Commission seeking their opinions with respect to the incumbent commissioners' knowledge of public utility issues, their adherence to ethical constraints, their treatment of persons appearing before them, their effect on employee morale, and their understanding of the goals and mission of the agency. The Review Committee also obtained records of attendance at Commission meetings and hearings for the incumbent commissioners. The Review Committee held a public hearing at which all candidates were questioned and given an opportunity to make statements as to their qualifications and desire to serve as a commissioner. A transcript of the oral examination of the four candidates on April 20, 2006, is appended to this report by reference, as required by law. It may be found on the General Assembly's website:
.

In the Spring of 2002, after reviewing all candidates for the Public Service Commission, the Joint Legislative Screening Committee (2002 Screening Committee) issued a report to the General Assembly finding: (1) the Commission suffered from a lack of strong leadership; (2) the complexity of many of the issues overwhelmed some of the commissioners; and (3) the Commission failed to articulate and adhere to clear standards of due process and ethical behavior and lacked any enforceable prohibition against inappropriate ex parte communications. The 2002 Screening Committee recommended that the General Assembly consider making long-term structural change to the Commission and in the screening process for commissioners.

Soon after the 2002 Screening Committee issued its report, members of the General Assembly requested the Legislative Audit Council (LAC) to conduct an audit of the Commission. The LAC issued a report and made recommendations to the General Assembly to address the following concerns: (1) maintaining due process and ethics; (2) strengthening qualifications of commissioners; (3) staggering terms so that all commissioners would not be elected at the same time; (4) prohibiting not only legislators, but also their immediate family members, from being elected as commissioners for four years after the legislator left the General Assembly; and (5) either splitting the Commission into two separate agencies, one comprised of commissioners and an advisory staff, and the other to be comprised of legal and technical persons to represent the public interest, or have the Commission itself create a permanent staff to advise the Commission, in addition to its technical and legal staff, to prevent ex parte communications from occurring between parties and commissioners and their advisors. Act 175 accomplished all of the changes suggested by the 2002 Screening Committee and the LAC.

In its report to the General Assembly, the 2002 Screening Committee stated that at the next screening it would: (1) insist on candidates having clear financial and credit reports prior to the screening process; (2) place substantial emphasis on a candidate's knowledge of Commission operations and hold incumbents to a higher standard; (3) survey Commission staff and parties appearing before the Commission to determine the strengths and weaknesses of individual commissioners; and (4) consider commissioners' attendance records. The PSC Screening Review Committee considered all of the above items in screening the four applicants.

Act 175 requires that for terms beginning after June 30, 2006, members of the Commission must have the following qualifications:

(1)   a baccalaureate or more advanced degree; and

(2)   a background of substantial duration and an expertise in at least one of the   following areas:

(a) energy;

(b) telecommunications;

(c) consumer protection and advocacy;

(d) water and wastewater;

(e) finance, economics, and statistics;

(f) accounting;

(g) engineering; or

(h) law.
S.C. Code Ann. Section 58-3-530. Incumbent commissioners are not required to meet the above qualifications. Also, the Review Committee may find a candidate qualified even though he does not have a background of substantial duration and an expertise in at least one of the above areas if three-fourths of the Review Committee vote to qualify the candidate.

The Review Committee is also required to consider: "(1) the ability, dedication, compassion, common sense, and integrity of the candidates; and (2) the race and gender of the candidates and other demographic factors to assure nondiscrimination to the greatest extent possible of all segments of the population of the State." S.C. Code Ann. Section 58-3-560. The determination of legal qualifications includes a determination of the candidate's residence in the appropriate Public Service Commission district as established by Section 58-3-20, the candidate's eligibility for election as determined by Section 58-3-24, and the candidate's compliance with constitutional provisions limiting election to those persons eligible to be electors of this State.

To determine fitness beyond mere legal qualifications, the Review Committee considered each candidate 's experience; temperament compliance with and knowledge of legal and ethical constraints on public service; knowledge of Commission operations; demonstrated or potential aptitude for meaningful leadership and/or service at the Commission; and demonstrated integrity, including the handling of personal financial affairs. The Review Committee then considered each candidate as a whole and formulated an overall recommendation.

Act 175 requires that commissioners have a background of substantial duration and an expertise in energy; telecommunications; consumer protection and advocacy; water and wastewater; finance, economics, and statistics; accounting; engineering; or law. The Review Committee considered not only whether a candidate has succeeded in one of these fields but also whether the candidate has the capability of transferring this success and knowledge to the operations of the Commission. Although incumbent commissioners are exempted from this requirement, the Review Committee focused on each incumbent commissioner's success as a commissioner and his or her initiative in gaining experience in a variety of ways, including attendance at public utility seminars and workshops, judicial training, and committee work with national and regional organizations. The transcript appended to this report contains each applicant's background and employment history.

The Review Committee sought to determine if a candidate's sense of the role he is to fill on the Commission is such that his work will be productive, proactive, and protective of the interests of all South Carolinians.

Act 175 requires that commissioners adhere not only to the State Ethics Act, but also to the Judicial Code of Conduct. The Review Committee believes that not only must the candidates be aware of the legal and ethical constraints, they must have conducted and comported themselves with the highest regard for ethics in their actions.

Given the history that led to the enactment of Act 175, the Review Committee considered whether a candidate shows an aptitude for service as a commissioner, whether as a leader or a follower or both. In 2002, the 2002 Screening Committee found that an absence of leadership at the Commission led to problems such as prohibited ex parte communications, tension between commissioners and staff, and the lack of a coherent agency vision. The Review Committee believes that the Commission should have strong leadership, be working toward common goals, be a positive influence on employees, and ensure that parties and persons appearing before the Commission are treated fairly and impartially. The Review Committee therefore sought to gauge each candidate's potential aptitude to serve as a leader and/or as a commissioner supporting the goals and mission of the agency.

Candidates must assure the Review Committee that their word is their bond. Particular attention is given to the way candidates have managed their financial affairs.

The Review Committee believes that every candidate, whether incumbent or non-incumbent, must be required to demonstrate some basic understanding of the role of the Commission and its operations. It would be unfair, however, to require non-incumbents to have accumulated a wealth of knowledge about Commission operations specifically, or regulated utilities generally. Unlike incumbent commissioners, challengers have not had the benefit of a compensated opportunity to educate themselves in hearings or through conversations with Commission staff. The Review Committee expects that incumbents and others who have substantial experience appearing before the Commission should be able to discuss these matters with a greater fluency than those persons who have to date committed themselves to other employment. The Review Committee emphasizes that the substantive knowledge findings contained in this report are a measure of a candidate's knowledge at the time of his candidacy and are not necessarily indicative of a candidate's ability to subsequently master Commission operations and the multitude of issues relating thereto.

The Review Committee finds all four candidates, David A. Wright (Seat 2), Sidney S. Locke (Seat 2), Elizabeth B. Fleming (Seat 4), and Mignon L. Clyburn (Seat 6), meet the required legal qualifications. The Review Committee nominates the following candidates:

Seat 2:       Sidney S. Locke

David A. Wright

Seat 4:       Elizabeth B. Fleming

Seat 6:       Mignon L. Clyburn

Sen. Thomas L. Moore         Rep. Harry F. Cato

Chairman                         Vice Chairman
Sen. Thomas C. Alexander     Elizabeth H. Atwater, Esquire
Erin B. Crawford, Esquire       Rep. Harry L. Ott, Jr.
Sen. Luke A. Rankin, Sr.       Rep. William E. Sandifer III
John Steven Simmons, Esq.     Helen T. Zeigler, Esq.

Overall Recommendation:

Mr. Locke was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background and Work Experience:

Sidney Seymour Locke was born in Elberton, Georgia, on December 4, 1940. He married Mattie Henrietta Smith Locke on July 4, 1970, and has two adult children. He received a B.S. in Chemistry from the University of Georgia in 1963, a M.Ed. in Science Education from the University of South Carolina in 1975, and a six-year certificate (30 hours beyond a Master' s degree) in Science Education from the University of South Carolina in 1980.

Mr. Locke taught Physics and Chemistry at Spring Valley High School from 1972-2001 and was Department Head from 1977-2001. He was a Chemist for E.I. Dupont from 1965 to 1972. He served for two years in the U.S. Army Infantry, achieving the rank of Specialist 4. He was honorably discharged in 1964. He owns a small postage stamp vending business.
Test Score:

Mr. Locke received an overall score of 56.0.
General Qualifications:

Mr. Locke was evaluated to be of AVERAGE experience to serve on the Commission.

Mr. Locke was evaluated to be of APPROPRIATE temperament to serve on the Commission.

Mr. Locke was evaluated to have AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the Commission.

Mr. Locke was evaluated as having AVERAGE demonstrated or potential aptitude for meaningful leadership and/or service on the Commission.

Mr. Locke was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the Commission.

Mr. Locke was evaluated to have BELOW AVERAGE substantive knowledge of the operations of the Commission. Mr. Locke acknowledged at the public hearing that he knows "very little about what the commission does, what the mechanism is." Tr. p. 69, ll. 3-5.   Mr. Locke has an extensive background in the sciences; however, the Subcommittee has some concerns about his basic understanding of the various ranges of issues before the Commission, the Commission's jurisdictional authority, and the purposes behind the regulation of public utilities.

Overall Recommendation:

Mr. Wright was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

David Austin Wright was born in Charlotte, North Carolina on July 22, 1955. He married Amy Elizabeth Floyd on November 4, 1995, and is the father of four children, three from a previous marriage. He received a B.A. from Clemson University in 1977, with a major in Political Science and a minor in Communications.

Mr. Wright serves as a member of the Public Service Commission, having been elected March 3, 2004. He is a member of the National and Southeastern Associations of Regulatory Utility Commissioners (NARUC and SEARUC), serves on several subcommittees of NARUC, and is 2nd Vice Chairman of SEARUC. He is the sole proprietor of David Wright Communications, a public relations and advertising business. He was a consultant for the S.C. Department of Agriculture from January to July of 2001. He was a lobbyist for the S.C. Association of Manufactured Homes and the S.C. Department of Agriculture in 1999 and for MHS Enterprises in 1998. He was the owner/operator of a Hickory Farms of Ohio franchise in Columbia, S.C. from 1981 to 1992. He was the director of communications for the S.C. Republican Party from 1979 to 1981. He worked in press relations for the Floyd Spence for Congress Committee in 1978. He was an account executive for Wingate Advertising from 1977 to 1978. He has held the following political offices: (1) member of the S.C. House of Representatives, November 1988 to November 1996; (2) mayor of the Town of Irmo, September 1985 to October 1988; and (3) member of the Irmo Town Council, September 1983 to September 1985.
Test Score:

Mr. Wright received an overall score of 79.1.
General Qualifications:

Mr. Wright was evaluated to be of OUTSTANDING experience to serve on the Commission.

Mr. Wright was evaluated to be of APPROPRIATE temperament to serve on the Commission.

Mr. Wright was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the Commission.

Mr. Wright was evaluated as having ABOVE AVERAGE demonstrated or potential aptitude for meaningful leadership and/or service on the Commission.

Mr. Wright was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the Commission.

Mr. Wright was evaluated to have OUTSTANDING substantive knowledge of the operations of the Commission.

Overall Recommendation:

Ms. Fleming was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

Elizabeth B. "Lib" Fleming was born November 7, 1942, in Spartanburg, South Carolina. She graduated from Converse College with a B.A. in Sociology in 1965. She married Harold Edward Fleming, MD on August 18, 1961, and is the mother of four children.

She was elected to the Public Service Commission on March 3, 2004, and presently serves on the Public Service Commission representing the 4th Congressional District. Ms. Fleming worked as a program director with Head Start in 1967 and with the Federal government on the Walker River Indian Reservation in Schurz, Nevada. She served on Spartanburg City Council from 1994 to 2004. She is a member of numerous professional and community service organizations, including the National and Southeastern Associations of Regulatory Utility Commissioners (NARUC and SEARUC), and serves on several subcommittees of NARUC.
Test Score:

Ms. Fleming received an overall score of 71.9.
General Qualifications:

Ms. Fleming was evaluated to be of OUTSTANDING experience to serve on the Commission.

Ms. Fleming was evaluated to be of APPROPRIATE temperament to serve on the Commission.

Ms. Fleming was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the Commission.

Ms. Fleming was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the Commission.

Ms. Fleming was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the Commission.

Ms. Fleming was evaluated to have ABOVE AVERAGE substantive knowledge of the operations of the Commission.

Overall Recommendation:

Ms. Clyburn was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background and Work Experience:

Mignon Leticia Clyburn was born on March 22, 1962, in Charleston, South Carolina. She is single. She graduated from Keenan High School in 1980 and received a Bachelor of Science degree in Business Administration from the University of South Carolina in 1984.

Ms. Clyburn presently serves on the Public Service Commission representing the 6th Congressional District. Prior to being elected to the Public Service Commission in 1998, she was editor and general manager of a weekly newspaper, the Coastal Times. She held that position from 1984-1998. She is also an officer in Indigo Holdings (which is engaged in single dwelling real estate investments). Ms. Clyburn is a member of the National and Southeastern Associations of Regulatory Utility Commissioners (NARUC and SEARUC) and serves on several subcommittees of NARUC.
Test Score:

Ms. Clyburn received an overall score of 76.7. General Qualifications:

Ms. Clyburn was evaluated as having OUTSTANDING experience to serve on the Commission.

Ms. Clyburn was evaluated to be of APPROPRIATE temperament to serve on the Commission.

Ms. Clyburn was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the Commission.

Ms. Clyburn was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the Commission.

Ms. Clyburn was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the Commission.

Ms. Clyburn was evaluated to have ABOVE AVERAGE substantive knowledge of the operations of the Commission.

On motion of Senator MOORE, with unanimous consent, the report was ordered printed in the Journal.

The following was received and referred to the appropriate committee for consideration:

Document No. 3064
Agency: South Carolina Law Enforcement Division
SUBJECT: Private Security and Private Investigation Businesses
Received by Lieutenant Governor May 8, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration April 14, 2007

On motion of Senator McCONNELL, at 2:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for today and tomorrow.

On motion of Senator HAWKINS, at 2:05 P.M., Senator WILLIAMS was granted a leave of absence for today.

On motion of Senator RITCHIE, at 2:05 P.M., Senator CLEARY was granted a leave of absence for today.

On motion of Senator RITCHIE, at 2:05 P.M., Senator RICHARDSON was granted a leave of absence for today.

On motion of Senator O'DELL, at 2:05 P.M., Senator McGILL was granted a leave of absence for today.

At 3:35 P.M., Senator KNOTTS requested a leave of absence from 4:30 - 6:30 P.M. this evening.

At 3:40 P.M., Senator MOORE requested a leave of absence until 8:00 P.M. this evening.

At 4:25 P.M., Senator JACKSON requested a leave of absence until 12:00 Noon tomorrow.

At 4:40 P.M., Senator LEATHERMAN requested a leave of absence until 8:00 P.M. this evening.

Senator KNOTTS rose for an Expression of Personal Interest.

The following were introduced:

S. 1404 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN OR WARDS TO ATTEND SCHOOL, SO AS TO REQUIRE SUCH ATTENDANCE UNTIL THE CHILD OR WARD REACHES EIGHTEEN RATHER THAN SEVENTEEN YEARS OF AGE OR GRADUATES FROM HIGH SCHOOL; AND TO AMEND SECTION 59-65-30, RELATING TO EXCEPTIONS TO THE ABOVE REQUIREMENTS, SO AS TO PERMIT A CHILD WHO HAS REACHED SEVENTEEN RATHER THAN SIXTEEN YEARS OF AGE TO LEAVE SCHOOL UNDER CERTAIN CONDITIONS FOR WORK REASONS AND TO MAKE OTHER CONFORMING AGE CHANGES.
l:\council\bills\gjk\21221sd06.doc

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

S. 1405 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-5-3810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DRIVER BACKING A VEHICLE, SO AS TO PROVIDE THAT NO DRIVER SHALL BACK A TRAILER, SEMITRAILER, OR POLE TRAILER, DRAWN BY A VEHICLE OFF OF OR ONTO A ROADWAY OR HIGHWAY UNLESS THE TRAILER, SEMITRAILER, OR POLE TRAILER IS EQUIPPED WITH CERTAIN SAFETY LAMPS AND REFLECTORS AND THE DRIVER USES LIGHTED FLARES OR A FLAG PERSON.
l:\s-jud\bills\hutto\jud0088.cbh.doc

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

S. 1406 (Word version) -- Senators Moore, 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, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR B. CARLISLE DRIGGERS FOR HIS OUTSTANDING LEADERSHIP OF AND COMMITMENT TO THE SOUTH CAROLINA BAPTIST CONVENTION AND TO WISH HIM ALL THE BEST UPON HIS RETIREMENT.
l:\council\bills\dka\3776dw06.doc

The Senate Resolution was adopted.

H. 3062 (Word version) -- Reps. Kirsh, Davenport, Barfield, Clyburn, Clark, Bales, Clemmons, Chellis, Bailey and Young: A BILL TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS' LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER OR HAS HELD CONTINUOUS LICENSURE FOR AT LEAST THIRTY YEARS, IS FIFTY YEARS OLD, AND WHO HAS NOT BEEN DISCIPLINED BY THE BOARD OF COSMETOLOGY FROM TAKING THE CONTINUING EDUCATION COURSES; AND TO PROVIDE THAT, UPON APPROVAL BY THE BOARD, AN ATTENDANCE FORM MAY BE OBTAINED GIVING CONTINUING EDUCATION CREDIT FOR ATTENDANCE AT TRADE SHOW COSMETOLOGY-RELATED INSTRUCTIONAL PROGRAMS.

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

H. 4913 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR THE RENTING OF HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT" FOR THIS PURPOSE; BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE ISSUED BY THE DEPARTMENT OF REVENUE AND PAYMENT OF TAXES DUE UPON THE CLOSING OR TRANSFER OF THE BUSINESS; BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY; BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD; TO AMEND SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO THIS STATE'S TAX LAWS, SO AS TO REFER TO THE IRC AS AMENDED THROUGH DECEMBER 31, 2005; TO AMEND SECTION 12-6-545, RELATING TO INCOME TAX RATES FOR ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO PROVIDE FOR ROYALTIES TREATED AS PERSONAL HOLDING COMPANY INCOME AND AMOUNTS PAID AS GUARANTEED PAYMENTS REASONABLY RELATED TO PERSONAL SERVICES, TO DESCRIBE INCOME REASONABLY RELATED TO PERSONAL SERVICES, AND TO PROVIDE FOR ELECTIONS AS TO TREATMENT OF INCOME FOR PERSONAL SERVICES; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDIT FOR A STATE CONTRACTOR USING MINORITY SUBCONTRACTORS, SO AS TO CONFORM THE TERM "MINORITY FIRM" TO LANGUAGE USED ELSEWHERE IN THE SOUTH CAROLINA CODE OF LAWS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO DELETE THE REQUIREMENT THAT THE TAXPAYER HAVE ONE HUNDRED OR MORE EMPLOYEES, AND TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; 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; TO AMEND SECTION 12-6-3375, RELATING TO CREDITS AGAINST THE STATE INCOME TAX FOR AN INCREASE IN PORT CARGO VOLUME, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, AND FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PERMITTED DISCLOSURES OF INFORMATION BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3385, RELATING TO A REFUNDABLE INCOME TAX CREDIT FOR A TUITION PAYMENT, SO AS TO SUSPEND THE FOUR-YEAR CREDIT PERIOD IF A STUDENT IS DEPLOYED BY THE MILITARY ON ACTIVE DUTY DURING THE PERIOD AND RE-ENROLLS UPON DEMOBILIZATION; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED A TAXPAYER MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, SO AS TO ADD TECHNICAL REFERENCES AND TO DEFINE "PARTNER" FOR PURPOSES OF THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-6-5030, AS AMENDED, RELATING TO THE FILING OF A COMPOSITE CORPORATE INCOME TAX RETURN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF A NONRESIDENT PARTICIPANT'S PRO RATA SHARE OF SOUTH CAROLINA INCOME TAX; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT TAX CREDITS, SO AS TO DELETE UNNECESSARY REFERENCES AND TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-23-810, 12-23-830, AND 12-23-840, RELATING TO TAX ON LICENSED HOSPITALS FOR INDIGENT HEALTH CARE, SO AS TO PROVIDE FOR AN INITIAL TAX AND FOR TAXES FOR SECOND AND SUCCESSIVE FISCAL YEARS, TO PROVIDE FOR CALCULATION OF THE TAX, AND TO PROVIDE THAT THE MONIES BE USED FOR HEALTH CARE COVERAGE FOR CERTAIN POPULATIONS IN THIS STATE; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE USER FEE FOR MOTOR FUELS, SO AS TO FURTHER DEFINE "DIESEL FUEL" TO INCLUDE BIODIESEL FUEL AND "MOTOR FUEL" TO INCLUDE SUBSTITUTE FUEL, TO DEFINE "SUBSTITUTE FUEL", "BIODIESEL", AND "BIODIESEL BLEND", AND TO MAKE CERTAIN CLARIFICATIONS; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO THE IMPOSITION OF THE USER FEE, SO AS TO INCLUDE BLENDED, SUBSTITUTED, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-790, AS AMENDED, RELATING TO REFUNDS OF THE USER FEE, SO AS TO DELETE THE CREDIT ALLOWANCE TO A SUPPLIER; TO AMEND SECTION 12-28-970, AS AMENDED, RELATING TO THE IMPOSITION OF A BACKUP USER FEE ON MOTOR FUEL USED BY AN END USER, SO AS TO INCLUDE THE USE OF A SUBSTITUTE FUEL AND TO ADD A TAX ON A LIQUID OR GAS THAT IS NOT OTHERWISE SUBJECT TO THE MOTOR FUEL USER FEE, BY PROVIDING FOR A BACKUP TAX EQUAL TO THE USER FEE PAYABLE BY THE FIRST PERSON WHO RECEIVES THE PRODUCT INTO THIS STATE AND PAYABLE BY THE PRODUCER UPON THE FIRST SALE OR FIRST USE IN THIS STATE; TO AMEND SECTION 12-28-975, AS AMENDED, RELATING TO THE DIVERSION OF MOTOR FUEL FROM AN OUT-OF-STATE DESTINATION, SO AS TO REQUIRE NOTIFICATION AND PAYMENT OF THE USER FEE; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO THE LIABILITY OF A BLENDER OF FUELS, SO AS TO PROVIDE FOR A USER FEE AGAINST BLENDED FUELS, PAYABLE BY THE BLENDER OR MANUFACTURER; TO AMEND SECTION 12-28-1120, AS AMENDED, RELATING TO A TRANSPORTER OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REQUIRE A TRANSPORTER'S LICENSE; TO AMEND SECTION 12-28-1370, AS AMENDED RELATING TO A LICENSED TRANSPORTER, SO AS TO CLARIFY THE REPORTABLE TRANSPORTS; TO AMEND SECTION 12-33-245, AS AMENDED, RELATING TO THE IMPOSITION OF AN EXCISE TAX ON THE PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK, SO AS TO PROVIDE FOR SALES MADE AT A LOCATION HOLDING A TEMPORARY LICENSE OR PERMIT, AND TO FURTHER DEFINE THE TERM "GROSS PROCEEDS OF SALE" TO INCLUDE THE VALUE OF COMPLIMENTARY ALCOHOLIC LIQUOR, ICE, AND MIXERS; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT INCLUDE THE PROCEEDS OF THE SALE OF PERSONAL PROPERTY PURCHASED PURSUANT TO A WARRANTY, MAINTENANCE, OR SIMILAR SERVICE CONTRACT UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO APPLICATION OF THE FIVE PERCENT SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE THAT THE TAX APPLIES TO THE GROSS PROCEEDS OF THE SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACTS FOR TANGIBLE PERSONAL PROPERTY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO CLARIFY THE TYPE OF MATERIAL HANDLING SYSTEMS AND EQUIPMENT INCLUDED IN THE EXEMPTIONS, AND TO EXEMPT THE GROSS PROCEEDS FROM A SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACT FOR TANGIBLE PERSONAL PROPERTY IF THE GROSS PROCEEDS FROM THE SALE OF THE SUBJECT TANGIBLE PERSONAL PROPERTY IS EXEMPT; TO AMEND SECTION 12-37-2740, RELATING TO SUSPENSION OF A DRIVER'S LICENSE AND VEHICLE REGISTRATION FOR FAILURE TO PAY PERSONAL PROPERTY TAX, SO AS TO CHANGE REFERENCES FROM THE "DEPARTMENT" TO THE "DEPARTMENT OF MOTOR VEHICLES", AND TO PROVIDE FOR A MAXIMUM PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO A FIVE HUNDRED-DOLLAR FINE OR THIRTY DAYS IN PRISON, OR BOTH; TO AMEND SECTION 12-37-2890, RELATING TO SUSPENSION OF THE DRIVER'S LICENSE AND VEHICLE REGISTRATION OF A PERSON WHO FAILS TO PAY THE MOTOR CARRIER PROPERTY TAX ON A VEHICLE, SO AS TO PROVIDE THAT THE SUSPENSION BE MADE BY THE DEPARTMENT OF MOTOR VEHICLES AFTER ELECTRONIC NOTICE AND FOR SPECIFIC PENALTIES FOR FIRST AND SUBSEQUENT OFFENSES; TO AMEND SECTION 12-43-335, AS AMENDED, RELATING TO THE CLASSIFICATION OF ASSESSED PROPERTY FOR PURPOSES OF EQUALIZATION AND REASSESSMENT, SO AS TO CHANGE A REFERENCE TO CERTAIN SECTOR 22 CLASSIFICATIONS; TO AMEND SECTION 12-54-155, RELATING TO PENALTIES FOR SUBSTANTIAL UNDERSTATEMENT OF TAXES, SO AS TO CLARIFY THAT THE PROVISION REFERS TO AN UNDERPAYMENT OF TAXES BASED ON AN UNDERSTATEMENT OF TAX OR A MISSTATEMENT OF VALUATION, TO PROVIDE THAT CERTAIN PENALTIES DO NOT APPLY TO UNDERPAYMENTS ATTRIBUTABLE TO FRAUD, BUSINESS-RELATED PROPERTY, OR A TAX SHELTER, WHICH ARE PENALIZED ELSEWHERE, TO DEFINE "SUBSTANTIAL VALUATION MISSTATEMENT", AND TO PROVIDE FOR REASONABLENESS AND GOOD FAITH ON THE PART OF THE TAXPAYER AND IN CONNECTION WITH CHARITABLE DEDUCTION PROPERTY; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE REVENUE PROCEDURES ACT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-60-470, AS AMENDED, RELATING TO REFUND CLAIMS BY A STATE TAXPAYER, SO AS TO FURTHER PROVIDE FOR THE LIMITED CIRCUMSTANCES UNDER WHICH A PERSON OTHER THAN THE TAXPAYER LEGALLY LIABLE FOR THE TAX MAY CLAIM OR RECEIVE A REFUND, INCLUDING THE REQUIREMENT THAT AN ASSIGNMENT OF THE CLAIM OR REFUND BE IN WRITING, THE REFUND CLAIM OF A FOREIGN MISSION OR DIPLOMAT, THE APPLICATION OF SECTION 12-60-490, AND THE DISCLOSURE TO ANOTHER PERSON OF THE EFFECT OF OTHER TAX LIABILITIES OF THE TAXPAYER ON THE AMOUNT OF THE REFUND; AND TO REPEAL SECTION 12-4-770, RELATING TO PROCEDURES FOR APPEALING THE PROPOSED ASSESSMENT OF PROPERTY FOR TAXATION.

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

H. 5057 (Word version) -- Reps. Ceips, Cato, Harrison, Cooper, Martin, Altman, Ott, Rivers, Sandifer, Scarborough and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 8 SO AS TO ENACT THE ILLEGAL ALIENS AND PUBLIC EMPLOYMENT ACT, TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM, AND TO PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES.

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

H. 5088 (Word version) -- Reps. Sandifer, Whitmire and Martin: A BILL TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE ELECTED IN A NONPARTISAN ELECTION FOR A TERM OF TWO YEARS; TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY APPOINT A NEW SUPERINTENDENT IN THE EVENT OF A VACANCY; TO PROVIDE THAT THE CURRENT SUPERINTENDENT OF EDUCATION SHALL CONTINUE TO SERVE THROUGH JUNE 30, 2007; TO PROVIDE THAT THE OCONEE LEGISLATIVE DELEGATION MAY APPOINT THE SUPERINTENDENT OF EDUCATION IF NO PERSON QUALIFIES AS A CANDIDATE; TO PROVIDE THAT THE DUTIES AND COMPENSATION OF THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION MUST BE DETERMINED BY THE DELEGATION; AND TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY RELATING TO WHETHER THE OFFICE OF THE ELECTED SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY SHOULD BE ABOLISHED AND TO PROVIDE FOR CERTIFICATION OF REFERENDUM RESULTS AND COSTS.

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

On motion of Senator ALEXANDER, with unanimous consent, H. 5088 was ordered to receive a second and third reading on the next two consecutive legislative days.

Columbia, S.C., May 4, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. TALLEY, RUTHERFORD and VIERS to the Committee of Conference on the part of the House on:

H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
Very respectfully,
Speaker of the House

Received as information.

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

The following Joint Resolution 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. 5065 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE TAXES WHICH WERE IMPOSED IN DILLON COUNTY FOR SCHOOL PURPOSES FOR FISCAL YEAR 2005-2006 ARE REIMPOSED FOR FISCAL YEAR 2006-2007.

By prior motion of Senator ELLIOTT

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

S. 1386 (Word version) -- Senator Alexander: A BILL TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE ELECTED IN A NONPARTISAN ELECTION FOR A TERM OF TWO YEARS; TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY APPOINT A NEW SUPERINTENDENT IN THE EVENT OF A VACANCY; TO PROVIDE THAT THE CURRENT SUPERINTENDENT OF EDUCATION SHALL CONTINUE TO SERVE THROUGH JUNE 30, 2007; TO PROVIDE THAT THE OCONEE LEGISLATIVE DELEGATION MAY APPOINT THE SUPERINTENDENT OF EDUCATION IF NO PERSON QUALIFIES AS A CANDIDATE; TO PROVIDE THAT THE DUTIES AND COMPENSATION OF THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION MUST BE DETERMINED BY THE DELEGATION; AND TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY RELATING TO WHETHER THE OFFICE OF THE ELECTED SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY SHOULD BE ABOLISHED AND TO PROVIDE FOR CERTIFICATION OF REFERENDUM RESULTS AND COSTS.

On motion of Senator ALEXANDER, S. 1386 was ordered to receive a third reading on Tuesday, May 9, 2006.

H. 4938 (Word version) -- Reps. Cooper, Walker, Harrell, Cato, Townsend, White, Coates and J.E. Smith: 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.

S. 1261 (Word version) -- Senators Verdin, Knotts, Mescher, Alexander, Grooms, Bryant, Peeler, Campsen, Leatherman and McConnell: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO DEFINE "QUALIFIED NON-RESIDENT"; AND TO AMEND SECTION 23-31-215, RELATING TO THE ISSUANCE OF PERMITS OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT SLED MUST ISSUE A PERMIT TO CARRY A CONCEALABLE WEAPON TO A RESIDENT OR QUALIFIED NON-RESIDENT UPON PROPER APPLICATION.

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

Senator HUTTO proposed the following amendment (JUD1261.001), which was adopted:

Amend the bill, as and if amended, page 3, by striking line 9 and inserting:

/   personal property.

(7)   'Proof of ownership of real property' means a certified current document from the county assessor of the county in which the property is located verifying ownership of the real property. SLED must determine the appropriate document that fulfills this requirement." /

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 second time, passed and ordered to a third reading.

On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 1261.

H. 4570 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME HARDY STREET IN DILLON AS "LILIA MCRAE ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "LILIA MCRAE ROAD".

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

H. 5038 (Word version) -- Reps. Thompson and Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 IN ANDERSON COUNTY FROM ITS INTERSECTION WITH S 04-54 TO ITS INTERSECTION WITH THE UNITED STATES HIGHWAY 29/SOUTH CAROLINA HIGHWAY 20 CONNECTOR "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY".

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

H. 4428 (Word version) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Edge, Haley, Hamilton, Harrison, Hayes, Herbkersman, Hiott, Howard, Huggins, Jefferson, Jennings, Kirsh, Leach, Limehouse, Mack, Merrill, McGee, J.H. Neal, Owens, Perry, Rice, Scarborough, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.R. Smith, G.M. Smith, J.R. Smith, Talley, Taylor, Thompson, Townsend, Vaughn, White, Witherspoon, Young, Anderson, Anthony, Battle, Funderburk, Govan, Martin, Miller, Walker, J. Brown, Clark, Branham, Bailey, Mahaffey, Scott, J.E. Smith and Viers: A BILL TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, AND PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY AUTHORIZING THE APPLICANT TO OFFER CABLE SERVICE IN THIS STATE UNDER THE PROCEDURES AND REQUIREMENTS CONTAINED IN THIS ARTICLE.

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

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4449.

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 third reading of the Bill.

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

Senator THOMAS made a Parliamentary Inquiry as to whether or not the Senator had voted on the prevailing side in order to make the motion.

Senator HUTTO advised that he had voted on the prevailing side.

Senator HUTTO spoke on the motion to reconsider.

Senator MARTIN moved to carry over the motion to reconsider.

The motion to reconsider was carried over.

Senators BRYANT and RYBERG desired to be recorded as voting against the motion to carry over the motion to reconsider the vote whereby the Bill was given a second reading.

The provisions of Rule 26B having previously been waived on Amendment No. 27, Senator RITCHIE asked unanimous consent to make a motion to substitute Amendment No. 27A for Amendment No. 27.

Senator HUTTO spoke on the motion.

Senator MARTIN spoke on the motion.

There was no objection and Amendment No. 27A was taken up for immediate consideration.

Senators CAMPSEN and RITCHIE proposed the following Amendment No. 27A (JUD4449.079), which was adopted:

Amend the bill, as and if amended, page 6, by striking lines 12-13 in their entirety and inserting:

/     (1)   make payments to the reserve as provided in subitem (A)(2); and     /

Amend the bill further, as and if amended, page 6, by striking lines 21-32 in their entirety and inserting:

/   (C)(1)(a)   Revenues received by a county pursuant to subsection (B)(2) of this section must:

(i)   first be distributed so that the amount of revenues collected attributable to a tax increment financing district or other financing plan that relies upon property tax or fee in lieu of property tax for its funding for a particular political subdivision is allocated to the political subdivision that has enacted this financing district or financing plan to be deposited into the special tax allocation fund or other similar fund of that political subdivision as may be required by the tax increment financing law as applicable to counties or municipalities, or by any other applicable law; and

(ii)   thereafter shall be used to provide a property tax credit against the property tax liability for property tax imposed for county operations on owner-occupied residential property classified for property tax purposes pursuant to Section 12-43-220(c). The base credit is an amount determined by dividing the total estimated revenues received by the county pursuant to subsection (B)(2) of this section during the applicable fiscal year by the number of parcels eligible for the credit. Credit that exceeds the tax due on a parcel must be reallocated in a uniform amount to remaining parcels with a property tax liability for property tax imposed for county operations.     /

Amend the bill further, as and if amended, page 8, by striking lines 14-43 and on page 9, by striking lines 1-20 in their entirety and inserting:

/   Section 4-10-730.   (A)(1)   Subject to the requirements of this article, the governing body of the county by a county council ordinance or by an initiated ordinance submitted to the governing body of the county by a petition signed by qualified electors of the county, equal in number to at least seven percent of the qualified electors of the county, may impose a sales and use tax in increments of one-tenth of one percent, subject to referendum approval in order to wholly exempt from property tax homesteads and to authorize credits to one or more classes of property from property tax imposed by a political subdivision. An ordinance must be enacted or a petition initiating an ordinance must be presented to the county governing body at least one hundred twenty days before the Tuesday following the first Monday of November of that year.

(2)   The rate of the tax must be set at an amount expressed in tenths of one percent estimated to be sufficient to produce revenues that do not exceed those necessary to replace property tax revenue in the county for the affected political subdivisions and school districts in the most recently completed fiscal year and in the case of school districts, must take into account payments to school districts pursuant to the exemption allowed pursuant to Sections 12-37-250 and 12-37-251.

(3)   If the county or municipality within the county has enacted a tax increment financing redevelopment plan, or other financing plan that relies upon property tax or fee in lieu of property tax for its funding to retire indebtedness or pay for project costs, the rate of tax must be set in an amount that must consider full funding for the project or retirement of indebtedness, which must include compliance with any covenants in the governing documents authorizing this indebtedness or future indebtedness heretofore authorized by the tax increment financing redevelopment plan that relies upon property tax or fee in lieu of property tax for its funding for the amount that the sales tax would substitute for the property tax or fee in lieu of property tax payments. The revenues of such tax attributable to the funding replacement for a tax increment redevelopment financing plan that relies upon property tax or fee in lieu of property tax for its funding must be distributed by the county treasurer pursuant to Section 4-10-780.

(4)   The governing body of the county shall obtain from ORS after ORS has obtained all information necessary to provide such estimate, a certified estimate of the rate of sales and use tax necessary in the county to equal the property tax not collected, and for the amount, if applicable, for the funding replacement for the tax increment financing redevelopment plan or other financing plan that relies upon property tax or fee in lieu of property tax for its funding. This certified rate is the rate of tax that must appear in the referendum question.

(5)   A qualified elector of the county desiring to circulate a petition shall file a written request with the governing body providing the class or classes of property and the property tax which are the subject of the petition and the governing body shall forward the request to ORS, which shall design the petition form in consultation with the State Election Commission and calculate and certify the tax rate necessary to provide the exemptions provided in the petition. The petition form and a copy of the certification must be forwarded to the governing body of the county and the governing body shall provide the petition form to the qualified elector requesting the petition form.

(6)   If competing petitions are timely filed with the governing body of the county and the signatures verified, the governing body may determine which petition initiated ordinance shall go on the ballot or it may substitute its own ordinance in lieu of any petition initiated ordinance.   /

Amend the bill further, as and if amended, page 9, by striking lines 28-32 in their entirety.

Amend the bill further, as and if amended, page 9, by striking lines 37-38 in their entirety and inserting:

/   purpose must be held at the time of a November election in any year. Two weeks before the referendum, the election commission/

Amend the bill further, as and if amended, page 10, by striking lines 41-42 in their entirety and inserting:

/   Section 4-10-740, but such a referendum may be held only at the time of a November election in any year.   /

Amend the bill further, as and if amended, page 12, by striking lines 16-24 in their entirety and inserting:

/   (B)(1)   The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12.

(2)   The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.

(3)   Any additional sales and use tax imposed by this article does not apply to:

(a)   amounts taxed pursuant to Section 12-36-920, the tax on accommodations for transients;

(b)   items subject to a maximum sales and use tax pursuant to Section 12-36-2110; and

(c)   unprepared food that may be lawfully purchased with United States Department of Agriculture food coupons.   /

Amend the bill further, as and if amended, page 13, by striking lines 20-43 in their entirety and inserting:

/   (B)(1)   Revenues of the tax collected and deposited pursuant to subsection (A) of this section must be distributed by the county treasurer to the applicable political subdivisions located in the county pursuant to the provisions of this subsection.

(2)   The amount of the revenues of the tax collected that is attributable to the funding replacement for the tax increment financing redevelopment plan or other financing plan that relies upon property tax or fee in lieu of property tax for its funding for a particular political subdivision must be distributed by the county treasurer to the political subdivision that has enacted this financing plan to be deposited into the special tax allocation fund or other similar fund of that political subdivision as may be required by the tax increment financing law, as applicable to counties or municipalities, or by other applicable law.

(3)   The county, by local ordinance, shall establish the distribution formulas for municipalities, public service districts, special purpose tax districts, or any other special tax district within the county.

(4)   For counties in which there is more than one school district, the county treasurer shall distribute the revenues of the tax:

(a)   in direct proportion to the one-hundred-thirty-five-day average daily membership as referenced in Section 59-20-40(1)(a) for each of the school districts for the fiscal year immediately preceding that in which a distribution is made, as certified by the State Treasurer, upon advice of the State Department of Education; or

(b)   pursuant to a distribution plan unanimously agreed upon by all school districts within the county; or

(c)   pursuant to a distribution plan authorized by local act of the General Assembly or local ordinance.

(5)   For school districts that are composed of more than one county, the county treasurer shall distribute the revenues of the tax:

(a)   to the portion of the school district that resides in the county adopting the provisions of this article in proportion to the district's one-hundred-thirty-five-day average daily membership, as referenced in Section 59-20-40(1)(a), in comparison to the remainder of the school district outside of the county; or

(b)   pursuant to a distribution plan authorized by agreement of the multiple counties comprising the school district through local act of the General Assembly or local ordinance. For purposes of this section, the one-hundred-thirty-five-day average daily membership as referenced in Section 59-20-40(1)(a) excludes any student not residing in the county.     /

Amend the bill further, as and if amended, page 14, by striking lines 16-18 in their entirety and inserting:

/   millage for operations on classifications of property that do not receive an exemption except in an amount of not more than the percentage increase of the Southeastern Consumer Price Index, All /

Amend the bill further, as and if amended, page 15, by striking lines 1-8 in their entirety and inserting:

/   required for operations for the political subdivision's fiscal year and above the amount required to be deposited to the special tax allocation fund for any tax increment indebtedness or any similar fund for other indebtedness to be paid from property tax or fee in lieu of property tax or any project authorized to be paid pursuant to a tax increment funding redevelopment plan or other financing plan that relies upon property tax or fee in lieu of property tax for its funding must be credited to the reserve. Balances in the reserve at the end of a fiscal year remain in this reserve. If actual revenues of the sales and use tax imposed pursuant to Article 7, Chapter 10, Title 4 in a fiscal year are less than the amount required for operations for the political subdivision's fiscal year, then the county treasurer must apply so much of the reserve as is necessary or available to offset the deficit, with any balance paid from the reserve.     /

Amend the bill further, as and if amended, page 15, by striking lines 9-15 in their entirety and inserting:

/   (B)   If the monies in a political subdivision's reserve fund equal or exceed fifty percent of the amount of sales and use tax required for operations for a political subdivision's fiscal year, the county treasurer is authorized to distribute to that political subdivision the excess accumulated over the fifty percent amount for reduction in the bonded indebtedness of the political subdivision.       /

Amend the bill further, as and if amended, page 20, line 3, by adding an appropriately numbered SECTION to read:

/   SECTION   ___.   Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item to read:

"( )   When a local option sales and use tax is imposed in a county pursuant to Article 7, Chapter 10, Title 4, then a county, by ordinance, may exempt, to the extent not already exempt, one hundred percent of the assessed value of the homestead from property tax for operations, excluding payments for bonded indebtedness. For purposes of this item, 'homestead' means residential real property eligible for the four percent assessment ratio allowed pursuant to Section 12-43-220(c)."/

Amend the bill further, as and if amended, page 20, by striking lines 11-12 in their entirety and inserting:

/   (2)   The provisions of Article 7, Chapter 10, Title 4 and the additional item added to Section 12-37-220(B) take effect upon ratification of an amendment to Article X, Section 3 of the Constitution of this State, allowing the exemption provided in Section 4-10-730 and in Section 12-37-220(B). If ratification occurs after May 31, 2007, any sales and use tax otherwise scheduled to take effect July 1, 2007, is postponed for twelve months and any homestead exemption is similarly postponed one year.       /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The question then was the adoption of Amendment No. 27A.

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

Alexander                 Bryant                    Campsen
Cleary *                  Courson                   Cromer
Fair                      Ford                      Grooms
Hawkins                   Hayes                     Jackson
Knotts                    Leatherman                Lourie
Martin                    McConnell                 Mescher
Moore                     O'Dell                    Peeler
Reese                     Richardson *              Ritchie
Scott                     Setzler                   Sheheen
Thomas                    Verdin

Anderson                  Drummond                  Land
Leventis                  Malloy                    Matthews
Patterson                 Pinckney

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The amendment was adopted.

Senator SETZLER asked unanimous consent to take up Amendment No. 29 for immediate consideration, waiving the provisions of Rule 26B.

There was no objection and Amendment No. 29 was taken up for immediate consideration.

Senators SETZLER and KNOTTS proposed the following Amendment No. 29 (4449-SETZLER-1), which was adopted:

Amend the bill, as and if amended, page 4, after line 25 by adding an appropriately numbered paragraph to read:

/   ( )   durable medical equipment purchased under Medicaid or Medicare programs from a provider whose principal place of business is South Carolina when state or federal law prohibits the provider from charging or collecting sales or use tax at the point of sale.     /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator CAMPSEN moved to lay the amendment on the table.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

We wished the Journal to reflect that we abstained from the consideration of and voting on matters pertaining to this amendment.

Senator HUTTO asked unanimous consent to take up Amendment No. 30 for immediate consideration, waiving the provisions of Rule 26B.

Senator MARTIN objected.

Senator HUTTO moved to waive the provisions of Rule 26B.

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

Anderson                  Bryant                    Campsen
Courson                   Drummond                  Ford
Grooms                    Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Matthews
McConnell                 Moore                     Patterson
Pinckney                  Reese                     Setzler
Sheheen                   Short                     Verdin
Williams *

Alexander                 Cromer                    Elliott
Fair                      Hawkins                   Hayes
Leatherman                Martin                    Mescher
O'Dell                    Peeler                    Ritchie
Ryberg                    Scott                     Thomas

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The provisions of Rule 26B were waived.

We voted to allow the amendment to be considered. Other amendments have been considered, one technical, which was agreed to be allowed on second and another by unanimous consent. If this amendment is adopted, it does not strike the local option feature but adds additional language to the Bill to confer on in conference. We need far reaching property tax reform and the Senate Plan does not offer it. Sadly, the task force plan was tabled in Finance Committee, which would have taken the school operating costs off of owner-occupied homes and automobiles and given renters a tax credit. The only other comprehensive tax reform available is the House Plan.

Senators HUTTO, SHORT and SHEHEEN proposed the following Amendment No. 30 (4449-ED-1), which was adopted:

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

SECTION   __.   Chapter 37, Title 12 of the 1976 Code of Laws is amended by adding:

"Section 12-37-2890.   Notwithstanding any other provision of law, as of June 30, 2009, local political subdivisions will not have the authority to assess or collect real or personal property taxes for school operating purposes. At that time, the State will be responsible for the full funding of the operating costs of local schools. This funding will be exclusive of the cost of capital improvement projects or associated debt service for local schools. For Fiscal Year 2008, the General Assembly is to begin the replacement of real or personal taxes collected by local subdivisions. In accordance with Section 11-11-150(E) local political subdivisions must roll back millage on real and personal property for school operating purposes equal to the annual amount appropriated for that purpose. By June 30, 2009, there is to be no millage assessed or collected by local political subdivisions for school operating expenses and all millage previously assessed and collected is to be rolled back."

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator MARTIN argued contra to the adoption of the amendment.

Senator ELLIOTT argued contra to the adoption of the amendment.

Senator GROOMS argued in favor of the adoption of the amendment.

At 4:48 P.M., Senator McCONNELL assumed the Chair.

Senator GROOMS argued in favor of the adoption of the amendment.

Senator MARTIN moved to lay the amendment on the table.

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

Alexander                 Courson                   Cromer
Elliott                   Fair                      Hawkins
Hayes                     Leatherman                Martin
Mescher                   O'Dell                    Peeler
Reese                     Ritchie                   Scott
Thomas

Anderson                  Campsen                   Drummond
Ford                      Grooms                    Hutto
Jackson                   Knotts *                  Land
Leventis                  Lourie                    Malloy
Matthews                  McConnell                 Patterson
Pinckney                  Setzler                   Sheheen
Short                     Verdin                    Williams *

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Senator SHORT moved to waive the provisions of Rule 26B on Amendment No. 31.

The question then was whether to waive the provisions of Rule 26B.

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

Drummond                  Hayes                     Hutto
Land                      Leventis                  Malloy
Matthews                  Patterson                 Pinckney
Reese                     Sheheen                   Short
Williams *

Alexander                 Bryant                    Campsen
Courson                   Cromer                    Elliott
Fair                      Grooms                    Hawkins
Jackson                   Knotts *                  Lourie
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Ritchie
Scott                     Setzler                   Thomas
Verdin

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Senate refused to waive the provisions of Rule 26B.

Amendment No. 31 was not taken up for consideration.

Senator CAMPSEN asked unanimous consent to take up Amendment No. 32B for immediate consideration, waiving the provisions of Rule 26B.

There was no objection and Amendment No. 32B was taken up for immediate consideration.

Senators CAMPSEN and RITCHIE proposed the following Amendment No. 32B (JUD4449.083), which was adopted:

Amend the bill, as and if amended, page 9, by striking lines 21-27 in their entirety and inserting therein the following:

/   (B)(1)   If the sales and use tax authorized pursuant to this article is imposed in a county, then to the extent not already exempt, one hundred percent of the assessed value of the homestead is exempt from property tax for operations as authorized by the referendum, excluding payments for bonded indebtedness. For the other applicable class or classes of property in the county, the sales and use tax shall be credited to the applicable class of property.

(2)   Notwithstanding any other provision of law, if a sales and use tax authorized pursuant to this article is imposed in a county, then the one hundred percent of the assessed value of the homestead exempt from property tax for that political subdivision as authorized by the referendum must not be subject to a further property tax imposed for the exemption for that political subdivision.     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

There being no further amendments, the question then was the motion to reconsider the vote whereby the Bill was given a second reading.

Senator MARTIN moved to table the motion to reconsider.

Senator HUTTO raised a Point of Order that in accordance with Article X, Section 3 of the South Carolina Constitution a two-thirds vote of the membership or a total of thirty-one votes would be required for third reading.

Senator MARTIN spoke on the Point of Order.

Senator CAMPSEN spoke on the Point of Order.

Senator SHEHEEN spoke on the Point of Order.

Senator LEVENTIS spoke on the Point of Order.

Senator MALLOY spoke on the Point of Order.

Senator SETZLER spoke on the Point of Order.

Senator HUTTO spoke on the Point of Order.

Senator GROOMS spoke on the Point of Order.

The PRESIDENT Pro Tempore overruled the Point of Order.

At 5:30 P.M., on motion of Senator HUTTO, the Senate receded from business not to exceed two minutes.

At 5:35 P.M., the Senate resumed.

The question then was the third reading of the Bill.

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

Senator MARTIN moved to table the motion to reconsider.

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

Alexander                 Campsen                   Courson
Cromer                    Elliott                   Fair
Hawkins                   Hayes                     Jackson
Leatherman *              Lourie                    Martin
Mescher                   O'Dell                    Peeler
Ritchie                   Scott                     Thomas

Anderson                  Bryant                    Drummond
Ford                      Grooms                    Hutto
Knotts *                  Land                      Leventis
Malloy                    Matthews                  McConnell
Patterson                 Pinckney                  Reese
Ryberg                    Setzler                   Sheheen
Short                     Verdin

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Senate refused to table the motion to reconsider the motion whereby the Bill was given a second reading.

The question then was the motion to reconsider the motion whereby the Bill was given a second reading.

Senator MARTIN moved to carry over the Bill.

Senator SHEHEEN moved to table the motion to carry over.

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

Anderson                  Bryant                    Drummond
Ford                      Grooms                    Hutto
Land                      Leventis                  Lourie
Malloy                    Matthews                  Patterson
Pinckney                  Reese                     Setzler
Sheheen                   Short                     Verdin

Alexander                 Campsen                   Courson
Cromer                    Elliott                   Fair
Hawkins                   Hayes                     Jackson
Knotts                    Leatherman *              Martin
McConnell                 Mescher                   O'Dell
Peeler                    Ritchie                   Ryberg
Scott                     Thomas

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Senate refused to table the motion to carry over the Bill.

The question then was the motion to carry over the Bill.

By a division vote of 18-18, the motion to carry over the Bill failed.

Senator MARTIN spoke on the Bill.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 4450 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Haley, Chellis, E.H. Pitts, Townsend, Clark, Altman, Bailey, Bales, Bingham, Bowers, Brady, Cato, Ceips, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, W.D. Smith, Kirsh, Huggins, Hamilton, McGee and Stewart: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING A NEW SECTION 1A SO AS TO PROVIDE THAT FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX MEANS ITS FAIR MARKET VALUE WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW MAY DEFINE AN OWNERSHIP TRANSFER AND AN IMPROVEMENT TO REAL PROPERTY, AND MAY ESTABLISH A BASE YEAR FOR DETERMINING INITIAL FAIR MARKET VALUE FOR PURPOSES OF THIS NEW SECTION; AND TO AMEND SECTION 3, ARTICLE X, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION FROM PROPERTY TAX EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF A HOMESTEAD AS PRESCRIBED BY THE GENERAL ASSEMBLY BY LAW, AND TO PROVIDE THAT THIS ADDITIONAL EXEMPTION DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT.

Senator MARTIN moved to recall the Joint Resolution from the Committee on Judiciary.

The Joint Resolution was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

H. 3977 (Word version) -- Reps. Thompson, Simrill, Sandifer, Cobb-Hunter, Wilkins, Leach, Hosey, Altman, Emory, Hamilton, Harrison, Lucas, Martin, McGee, Merrill, J.M. Neal, Ott, Perry, M.A. Pitts, Scarborough, G.R. Smith, Taylor, Townsend, White, Whitmire, Mitchell, Coates, McLeod, Umphlett, Mahaffey, Battle, Ballentine, Clark and Clemmons: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING CHAPTER 23, SO AS TO ESTABLISH THE LAW ENFORCEMENT TRAINING COUNCIL, TO ESTABLISH A PROGRAM OF TRAINING FOR LAW ENFORCEMENT OFFICERS AND OTHER PERSONS EMPLOYED IN THE CRIMINAL JUSTICE SYSTEM, AND TO PROVIDE THAT THE COUNCIL SHALL OVERSEE THE ACTIVITIES OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; TO AMEND SECTION 6-11-340, RELATING TO PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO SUBSTITUTE "CRIMINAL JUSTICE ACADEMY" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSES FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 23-28-40, AS AMENDED, RELATING TO TRAINING PROVIDED FOR RESERVE OFFICERS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "TRAINING COUNCIL" FOR "TRAINING ADVISORY COUNCIL"; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL (CRIMINAL JUSTICE ACADEMY)" FOR "CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND "LAW ENFORCEMENT TRAINING COUNCIL" FOR "DEPARTMENT OF PUBLIC SAFETY"; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO SUBSTITUTE "LAW ENFORCEMENT TRAINING COUNCIL" FOR "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY" AND TO REPEAL ARTICLE 9, CHAPTER 6, TITLE 23, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF TRAINING AND CONTINUING EDUCATION.

Senator MARTIN moved that the Bill be made a Special Order.

Senator LEVENTIS spoke on the motion.

The Bill was made a Special Order.

H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.

Senator RYBERG moved to recall the Bill from the Committee on Transportation.

The Bill was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

H. 4481 (Word version) -- Reps. Martin, Townsend, J.H. Neal, McLeod, Clark, Agnew, Bales, Ballentine, Bannister, Barfield, Bingham, Brady, Cato, Coates, Cobb-Hunter, Dantzler, Frye, Harrison, Herbkersman, J. Hines, Hosey, Huggins, Jefferson, Miller, Ott, Parks, Pinson, Rhoad, Scott, Sinclair, Umphlett, Vaughn, Walker and White: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION AFTER CONSULTING THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT PROJECT.

Senator RYBERG moved to recall the Bill from the Committee on Transportation.

The Bill was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: 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 MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator MOORE spoke on the report.

On motion of Senator MOORE, with unanimous consent, Free Conference Powers were granted.

Whereupon, Senators MOORE, HAYES and VERDIN were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HAYES, the Report of the Committee of Free Conference to H. 3402 (Jud\Amend\FCRJUD3402) adopted as follows:

The Committee of Free Conference, to whom was referred:

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: 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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 06/01/05.)

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

/   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; TO AMEND SECTION 8-13-1333, RELATING TO CAMPAIGN FINANCE, TO PROHIBIT SOLICITATION OF CONTRIBUTIONS BY LEGISLATIVE SPECIAL INTEREST CAUCUSES BUT TO PERMIT SOLICITATION OF OTHER FUNDS AND TO ESTABLISH REQUIREMENTS FOR FUND SOLICITATION AND USE OF THOSE FUNDS AND TO ESTABLISH REQUIREMENTS TO MAINTAIN FINANCIAL RECORDS; AND TO AMEND SECTION 2-17-110, RELATING TO ACTS PROHIBITED BY LOBBYISTS AND LOBBYISTS' PRINCIPALS TO PROHIBIT FINANCIAL ASSISTANCE FROM A LOBBYIST, LOBBYIST'S PRINCIPAL, OR PERSON ACTING ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL.
Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 2-17-10(11) of the 1976 Code is amended to read:

"(11)   'Legislative caucus' means:

(a)   a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender;

(b)   a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for racial-, ethnic-, or gender-based affinity;

(c)   'legislative caucus' does not include a legislative special interest caucus as defined in Section 2-17-10(21)."

SECTION   2.   Section 2-17-10 of the 1976 Code is amended by adding the following numbered subsection at the end to read:

"(21)   'Legislative special interest caucus' means two or more legislators who seek to be affiliated based upon a special interest. Under no circumstances may a legislative special interest caucus engage in any activity that would influence the outcome of an election or ballot measure. Each legislative special interest caucus must register with the Clerk's Office of the Senate or House of Representatives in a manner mandated by the Clerk's Office. However, each legislative special interest caucus must provide, and the Clerk's Office must maintain a record of:

(a)   the name and purpose of the caucus;

(b)   the names of all caucus members; and

(c)   the date of creation, and dissolution, if applicable.

The Clerk's Office must maintain these records for at least four years following the dissolution of the caucus. A legislative special interest caucus may include, but is not limited to, a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports."

SECTION   3.   Section 8-13-1300(1)(d) of the 1976 Code is amended to read:

"(d)   the Senate Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the Senate, the House of Representatives Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the House of Representatives, and both ethics committees for all legislative caucus committees and legislative special interest caucuses affiliated with both houses."

SECTION   4.   Section 8-13-1300(21) of the 1976 Code is amended to read:

"(21)   'Legislative caucus committee' means:

(a)   a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; however, each house may establish only one committee for each political-, racial-, ethnic-, or gender-based affinity;

(b)   a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender;

(c)   'legislative caucus committee' does not include a 'legislative special interest caucus' as defined in Section 2-17-10(21)."

SECTION   5.   Section 8-13-1333 of the 1976 Code is amended by adding the following lettered subsection at the end to read:

"(C)(1)     A legislative special interest caucus must not solicit contributions as defined in Section 8-13-100(9), however: it may solicit funds from the general public for the limited purpose of defraying mailing expenses, including cost of materials and postage, and for members of the legislative special interest caucus to attend regional and national conferences. Legislative special interest caucus members may attend a regional or national conference only if the conference is exclusively comprised of legislative special interest caucus counterparts and convenes for the purpose of interacting and exchanging ideas among caucus members and the conference is sponsored by a national organization with which the legislative special interest caucus is affiliated. Attendance at any conference is prohibited if the conference is sponsored by any lobbying group or extends an invitation to persons other than legislators. Under no circumstances may a legislative special interest caucus accept funds from a lobbyist. Each special interest caucus must submit a financial statement to the appropriate supervisory office by January first and July first of each year showing the total amount of funds received and total amount of funds paid out. It must also maintain the following records, for not less than four years, which must be available to the appropriate supervisory office for inspection:

(a)   the total amount of funds received by the legislative special interest caucus;

(b)   the name and address of each person or entity making a donation and the amount and date of receipt of each donation;

(c)   all receipted bills, canceled checks, or other proof of payment for any expenses paid by the legislative special interest caucus.

(2)   A legislative special interest caucus may not accept a gift, loan, or anything of value, except for funds permitted in subsection (C)(1) above."

SECTION   6.   Section 2-17-110 of the 1976 Code is amended by adding the following lettered subsection at the end to read:

"(J)   A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal shall not offer or provide contributions or any other type of funds or financial assistance to a legislative special interest caucus as defined in Section 2-17-10(21)."

SECTION   7.   This act takes effect upon approval by the Governor./

Amend title to conform.

/s/ Sen. Tommy Moore              /s/ Rep. Michael Pitts
/s/ Sen. Wes Hayes                /s/ Rep. William Witherspoon
/s/ Sen. Danny Verdin             /s/ Rep. Paul Agnew
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

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

Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Jacquelyn G. Jenkins, P.O. Box 697, St. George, S.C. 29477 VICE Raymond McMillan

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James C. Holmes, Sr. of Johnston, S.C.

At 6:04 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 10:00 A.M.

Senators VERDIN, BRYANT, GROOMS and RYBERG desired to be recorded as voting against the motion to adjourn.

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