Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear words recorded by St. Luke, Chapter 10:36:

"Which of these three do you think proved   neighbors to the man who fell among the robbers? The   man said, 'The one who showed mercy on him,' and Jesus said, 'Go and do likewise'. "

Let us pray.

Father, You are the God of our streets and villages. Help us to understand that the secret of true neighborliness is seeing the real needs of people - and being willing to do something about it.

Help us to see the needs of those who are not able to send an advocate here to plead their cause.
Amen.

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

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

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 2006, and to expire June 30, 2010

6th Congressional District:

Bryan H. Dowd, BHD Builders, Inc., 1931 Osprey Drive, Florence, S.C. 29501 VICE John C. Curl

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2002, and to expire October 21, 2006

Barnwell County:

Chester L. Moody, 283 Halford Street, Williston, S.C. 29853

Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Mark Fitzgibbons, 2807 Broome Lane, Beaufort, S.C. 29902

Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

James R. Harwell, 5001 Rankin Plantation Road, Florence, S.C. 29506

Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Sandra M. Grimsley, 402 Charles Street, Lake City, S.C. 29560

Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Kimberly B. Cox, P. O. Box 367, Pamplico, S.C. 29583

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Vilvin W. Garrison, 551 Waterbrook Drive, Greenville, S.C. 29607

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Letonya T. Simmons, 3725 Grandview Drive, Suite 5, Simpsonville, S.C. 29680

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Darrell S. Fisher, 303 West Gap Creek Rd., Greer, S.C. 29651

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Harold L. Grimsley, 6247 White Horse Road, Greenville, S.C. 29611-3845

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Diane D. Cagle, 6247 White Horse Road, Greenville, S.C. 29611-3845

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Shirley B. Keaton, 112 West Oak Hill Road, Belton, S.C. 29627-9239

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Michael D. Stokes, 6 Bailey Mill Road, Travelers Rest, S.C. 29690

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Leila Foster, 12 Howe Street, Greenville, S.C. 29601-3520

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Horace Butler, Jr., 12 Dean Street, Greenville, S.C. 29605

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Thomas E. Taylor, 8150 Augusta Rd., Greenville, S.C. 29673

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Charles Ralph Garrett, 270 Pilot Road, Greenville, S.C. 29609

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

James E. Hudson, 6 Highview Drive, Greenville, S.C. 29609

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Sara G. Davis, 162 South Baldwin Road, Simpsonville, S.C. 29680

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Dean Eugene Ford, 402 Foxhound Road, Simpsonville, S.C. 29681

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Matthew B. Hubbard, 14 Design Lane, Traveler's Rest, S.C. 29690

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Jesse A. McCall, Jr., 151 North Forest Circle, Marietta, S.C. 29661

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Mark C. Edmonds, 131 Montis Drive, Greenville, S.C. 29617

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Joanne McDonald, P. O. Box 2196, Ridgeland, S.C. 29936 VICE Marie Rawl

Reappointment, Jasper County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Joanne McDonald, P. O. Box 2196, Ridgeland, S.C. 29936

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

David S. Matthews, P. O. Box 2071, Ridgeland, S.C. 29936-2071 VICE Terry Trent Kinard

Reappointment, Jasper County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

David S. Matthews, P. O. Box 2071, Ridgeland, S.C. 29936-2071

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Calbert R. Brantley, Antioch Baptist Church, 194 Bees Creek Road, Ridgeland, S.C. 29336 VICE Martinez Masterson

Reappointment, Jasper County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Calbert R. Brantley, Antioch Baptist Church, 194 Bees Creek Road, Ridgeland, S.C. 29336

Reappointment, Sumter County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Joseph B. Davis, P. O. Box 1272, Sumter, S.C. 29150-1272

Reappointment, Sumter County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Lee Anna Tindal, 3065 Tindal Road, Sumter, S.C. 29150

Senator RITCHIE introduced Dr. Peter Neidenbach of Spartanburg, S.C., Doctor of the Day.

At 11:50 A.M., Senator MATTHEWS requested a leave of absence beginning at 12:30 P.M. and lasting until 2:00 P.M.

At 12:09 P.M., Senator LEATHERMAN requested a leave of absence until Noon on Tuesday.

H. 3615 (Word version) -- Reps. Dantzler, Frye, Scarborough, Bailey, Hinson, Jefferson, Perry, Rhoad and Mahaffey: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VETERINARIANS AND VETERINARY TECHNICIANS INCLUDING, BUT NOT LIMITED TO, ESTABLISHING AN INVESTIGATIVE REVIEW COMMITTEE, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, PROVIDING PROCEDURES FOR VETERINARIANS IF AN ANIMAL IS ABANDONED IN THEIR CUSTODY, PROVIDING FOR A LIEN ON AN ANIMAL WHEN PAYMENT FOR CARE IS NOT MADE, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY VETERINARY CARE FACILITIES AND MOBILE VETERINARY FACILITIES.

Senator GROOMS asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

The Bill was recalled from the Labor, Commerce and Industry.

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

There was no objection.

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

Senators VERDIN and GROOMS proposed the following amendment (3615R004.DBV), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 18, by striking line 9 through page 37, line 13 and inserting:

/   Section 40-69-5.   Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to licensed veterinarians and veterinary technicians regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.

Section 40-69-10.   (A)   There is created the State Board of Veterinary Medical Examiners to be composed of nine members, one of whom must be a consumer member from the State at large, one of whom must be a licensed veterinary technician practicing in this State, one of whom must be a veterinarian from the State at large, and six of whom must be veterinarians representing each of the six congressional districts. Each veterinarian and veterinary technician must be a resident of the State, licensed by the State, and currently practicing with at least five years of clinical experience. Each veterinarian representing a congressional district must reside in the district that he represents. The consumer member must be a resident of this State. The terms of the members are for six years and until their successors are appointed and qualify. The chairman may only vote in the case of a tie vote by the board.

(B)   The veterinarian at large, the veterinary technician, and the consumer member must be appointed by the Governor. The board shall conduct an election to nominate two veterinarians from each congressional district. The election must provide for participation by all veterinarians currently licensed and residing in the respective nominating district. The South Carolina Veterinary Technician Association shall submit up to two names to the Governor as recommendations for the veterinary technician member. The Governor shall also consider nominations from any other individual, group, or association. The names of the nominees must be forwarded to the Governor by the board and the Governor may appoint one of the nominees as the member; however, the Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. All appointments by the Governor must be made with the advice and consent of the Senate. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

(C)   The Governor may remove a member of the board based on grounds provided for in Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against that member, and the member must be given a copy of the charges at the time they are filed.

(D)   If a board member is disqualified and the member's absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may appoint an individual to replace the member during the period of disqualification. This individual shall meet the same qualifications as the member being replaced and shall take the same oath as required of other members of the board.

Section 40-69-20.   As used in this chapter, unless the context clearly indicates otherwise:

(1)   'Animal' means an animal that is not a human and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead.

(2)   'Board' means the South Carolina State Board of Veterinary Medical Examiners.

(3)   'Direct supervision' means that a veterinarian currently licensed to practice veterinary medicine in this State is available on the premises and within immediate vocal communication of the supervisee.

(4)   'Emergency clinic' means a facility having as its primary function the receiving, treatment, and monitoring of emergency patients during its specified hours of operation.

(5)   'Emergency hospital' means a facility whose primary function is the receiving, treatment, and monitoring of emergency patients during its specified hours of operation and includes the confinement of emergency patients.

(6)   'Immediate supervision' means that a licensed veterinarian is within direct eyesight and hearing range.

(7)   'Indirect supervision' means the supervising licensed veterinarian is available for immediate voice contact by telephone, radio, or other means, and shall provide consultation and review of cases at the veterinary facility.

(8)   'Investigative Review Committee' (IRC) means an investigative review panel appointed by the board chairman, in consultation with the other members of the board. The IRC must be comprised of four members who are former board members or other experienced licensed veterinarians. The board chairman must appoint the chairman of the IRC. Veterinarian members of the IRC must have a current license issued pursuant to this chapter to be eligible to serve. The IRC shall review any complaint against a licensed veterinarian or veterinary technician and make a recommendation as to whether the board should proceed with formal action. The board must consider the recommendation of the IRC, but the final determination whether to proceed with formal action must be made by the board.

(9)   'License' means any permit, approval, registration, or certificate issued by the board.

(10)   'Licensed veterinarian' means a person who is licensed pursuant to this chapter to practice veterinary medicine in this State.

(11)   'Licensed veterinary technician' means a person who has received a degree in animal health technology from an American Veterinary Medical Association accredited school offering a program in animal health technology and who has been licensed to practice in this State. This person must be knowledgeable in the care and handling of animals, in the basic principles of normal and abnormal life processes, and in routine laboratory and clinical procedures. The performance of the licensed veterinary technician must be under the supervision of a veterinarian licensed to practice in this State.

(12)   'Mobile facility' means a vehicle with special medical or surgical facilities or a vehicle suitable only for making house or farm calls.

(13)   'Practice of veterinary medicine' means to:

(a)   diagnose, prescribe, or administer a drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of a wound, fracture, or bodily injury or disease of an animal;

(b)   perform a surgical operation, including cosmetic surgery, upon an animal;

(c)   perform a manual procedure for the diagnosis or treatment for sterility or infertility of an animal, including embryo transplants;

(d)   offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for an animal disease, pain, injury, deformity, or physical condition;

(e)   use words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine.

(14)   'School of veterinary medicine' means a veterinary school or college that offers the D.V.M. or equivalent degree and whose course of study conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board.

(15)   'Telemedicine' is an audio, video, or data communication of medical information.

(16)   'Temporary license' means temporary permission to practice veterinary medicine or animal technology issued pursuant to this chapter.

(17)   'Therapeutic options or alternate therapies' means, but is not limited to, the veterinary practice of acupuncture, manipulation and adjustment, magnetic field therapy, holistic medicine, homeopathy, herbology/naturopathy, massage, and physical therapy.

(18)   'Veterinarian' means a person who has received a doctor's degree or equivalent in veterinary medicine.

(19)   'Veterinary aide' means a nurse, attendant, intern, technician, or other employee of a veterinarian, other than a licensed veterinary technician.

(20)   'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.

(21)   Veterinary student preceptee' means a person who is a student enrolled and in good standing in a recognized college of veterinary medicine. The student's presence in a practice may be as part of a normal preceptorship program of the college or as an informal arrangement between the student and a veterinarian licensed by the board.

Section 40-69-30.   A person may not practice veterinary medicine without a license issued in accordance with this chapter. A person who uses in connection with his name the words or letters 'D.V.M.', 'V.M.D.', 'Doctor of Veterinary Medicine', 'Veterinary Medical Doctor', or other letters, words, or insignia indicating or implying that one is engaged in the practice of veterinary medicine or who in any other way, orally or in writing or in print or by sign directly or by implication, represents oneself as engaged in the practice of a veterinary medicine without being licensed by the board is subject to the penalties provided for in this chapter.

Section 40-69-40.   In addition to the powers and duties enumerated in Section 40-1-50, the board, at the first board meeting in each calendar year, shall elect from the veterinarian members a chairman, vice chairman, and any other officer it considers necessary. The board shall meet at least twice a year and upon the call of the chairman or any two members of the board. Action of the board may be taken at regular or special meetings, and a majority of the appointed members of the board constitutes a quorum.

Section 40-69-50.   The board must be administered by the Department of Labor, Licensing and Regulation as a revenue funded board in accordance with Section 40-1-50.

Section 40-69-60.   The board may adopt rules governing its proceedings and internal operations, and may promulgate regulations necessary to carry out the provisions of this chapter.

Section 40-69-70.   The board shall regulate the issuance of licenses and temporary licenses and shall discipline veterinarians and veterinary technicians in any manner authorized by this chapter. The powers and duties of this board include, but are not limited to:

(1)   determining the eligibility of applicants for examination and licensure;

(2)   examining applicants for licensure including, but not limited to:

(a)   prescribing the subjects, character, and manner of licensing examinations;

(b)   preparing, administering, and grading the examination or assisting in the selection of a contractor for the preparation, administration, or grading of the examination;

(3)   establishing criteria for issuing, renewing, and reactivating authorizations to practice to qualified applicants, including the issuance of active or permanent, temporary, limited, and inactive licenses, or other categories as may be created;

(4)   adopting the American Veterinary Medical Association Code of Professional Ethics and any additional standard of professional conduct the board deems appropriate;

(5)   evaluating and approving continuing education course hours and programs;

(6)   conducting hearings on alleged violations of this chapter and regulations promulgated under this chapter;

(7)   resolving consumer complaints, where appropriate and possible;

(8)   disciplining persons licensed under this chapter in a manner provided for in this chapter;

(9)   promulgating regulations which have been submitted to the Director of the Department of Labor, Licensing and Regulation at least thirty days in advance of filing with the Legislative Council pursuant to Section 1-23-30;

(10)   adopting and enforcing regulations for selling and dispensing prescriptions and controlled veterinary drugs, pharmaceuticals, and biologics in accordance with federal and state laws; and

(11)   adopting and enforcing regulations setting minimum standards for all facilities where veterinary medicine is practiced.

Section 40-69-80.   As provided in Section 40-1-80, for the purpose of conducting an investigation under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.

Section 40-69-90.   (A)   The department may receive complaints against a licensee from any person, including the board, and shall require the complaints to be submitted in writing and to be signed by the complainant. The person who is the subject of the complaint must be provided a notice of the complaint including the substance of the allegations within five days after the department begins its investigation. The department shall investigate the allegations in the complaint to the extent that there is a potential violation of this chapter. The department must submit its investigative findings to the IRC, as provided for in Section 40-69-20(8), along with any other additional information related to the investigation requested by any IRC member. The IRC must review the investigation and recommend to the board whether to proceed with formal action. If the board desires to proceed further, it may direct the department to file a formal complaint charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. If the department files a formal complaint, the department must make the formal complaint and any answer filed by the licensee available for public inspection. The licensee must be provided a copy of the formal complaint prior to making any complaint available for public inspection. The board administrator shall notify the licensee in writing not less than sixty days before the disciplinary hearing. The formal complaint and the hearing notice must be served personally or sent to the licensee by mail, return receipt requested, directed to the last mailing address furnished to the board. The post office receipt signed by the licensee, the licensee's agent, or a responsible member of the licensee's household or office staff or if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice. Informal disposition may be made of any complaint, formal or otherwise, by stipulation or consent agreement. No stipulation or consent agreement is final until it has been submitted to and approved by the board.

(B)   A licensee has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel at the licensee's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the licensee.

Section 40-69-100.   In addition to other remedies provided for in this chapter or Section 40-1-100, the board may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.

Section 40-69-110.   (A)   In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or may suspend, revoke, or restrict a veterinarian or veterinary technician who has:

(1)   violated this chapter or a regulation promulgated by the board;

(2)   used a false, fraudulent, or forged statement or document or performed a fraudulent, deceitful, or dishonest act by the holder of a license in connection with a license requirement;

(3)   failed to display a license;

(4)   caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a licensee;

(5)   misrepresented the inspection of food for human consumption;

(6)   used a false or fraudulent statement in a document connected with the practice of veterinary medicine;

(7)   obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;

(8)   failed to provide and maintain facilities as directed by regulation of the board;

(9)   refused to allow the board or an authorized representative of the board to inspect the business premises of the licensee during regular business hours;

(10)   circulated knowingly untrue, fraudulent, misleading, or deceptive advertising;

(11)   engaged in unprofessional or unethical conduct in violation of the American Veterinary Medical Association Code of Professional Ethics or any other standards of professional conduct defined in this chapter or prescribed by regulations of the board;

(12)   engaged in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine;

(13)   made a false statement in an oath or affidavit which is required by this chapter;

(14)   had another state revoke a license to practice veterinary medicine in that state, pursuant to a disciplinary proceeding;

(15)   been convicted on a charge of cruelty to animals;

(16)   been convicted of a federal or state law relating to narcotic drugs;

(17)   a physical or mental impairment or disability which renders practice dangerous to the public;

(18)   performed an act which in any way assists a person to practice in violation of this chapter;

(19)   used a controlled substance for other than specific treatment of an animal patient in an illegal manner;

(20)   has employed or permitted a person who does not hold a license to practice veterinary medicine in this State to perform work which, under this chapter, can lawfully be done only by a person holding a license to practice veterinary medicine;

(21)   practiced veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties;

(22)   been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;

(23)   failed to report, as required by law, or made a false report of a contagious or infectious disease;

(24)   been convicted of a felony or a crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction;

(25)   been disciplined by a licensing or disciplinary authority of a state, country, or nationally recognized professional organization or convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under this section;

(26)   has engaged in a pattern or practice of violations of this chapter or regulations promulgated under this chapter.

(B)   In enforcing items (16), (17), (19), (21), or (22), the board upon reasonable grounds may require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under a contrary rule of law or statute. For purposes of this section, a person who accepts the privilege of practicing veterinary medicine in this State or who files an application for a license to practice veterinary medicine in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing veterinary medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of veterinary medicine with reasonable skill and safety to patients.

(C)   In enforcing subsection (A), items (16), (17), (19), (21), or (22), the board upon reasonable grounds may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records; and these records are admissible in a hearing before the board, notwithstanding any other provision of law. For purposes of this section, a person who accepts the privilege of practicing veterinary medicine in this State or who files an application to practice veterinary medicine in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing veterinary medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of veterinary medicine with reasonable skill and safety to patients.

Section 40-69-115.   The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.

Section 40-69-120.   Upon a determination by the board, after a disciplinary hearing conducted pursuant to the requirements of this chapter, that one or more of the grounds for discipline of a licensee exists, the board may impose sanctions as provided in Section 40-1-120, including imposing a fine of not more than one thousand dollars for each violation.

Section 40-69-130.   As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

Section 40-69-140.   A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.

Section 40-69-150.   A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.

Section 40-69-160.   A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

Section 40-69-170.   A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

Section 40-69-180.   All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Section 40-69-190.   (A)   The board shall provide written acknowledgement of every initial complaint and notify the initial complainant in writing of the disposition of the matter. Although entitled to notice, an initial complainant is not a party to the proceeding and is not entitled to appeal or otherwise seek review of the dismissal or other disposition of the matter. The complainant has the right to be present at any disciplinary hearing but may only participate as a witness. The disciplinary hearing must be open to the public. The board may deliberate in executive session but must not take any final action during the executive session.

(B)   Except as otherwise provided in this chapter, a person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, the complainant, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator, must not mention the existence of the complaint, investigation, or other proceeding, disclose any information pertaining to the complaint, investigation, or other proceeding, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. This prohibition does not apply to any matter contained in a formal complaint and answer made available for public inspection by this chapter or any matter or document disclosed in a public hearing. However, whenever the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body.

(C)   The board must make its final order finding that a licensee has violated a provision of this chapter available for public inspection. The final order must include any facts or circumstances necessary to explain or support the board's findings and describe any sanction imposed. The board's final order must not identify a complainant or witness involved in any disciplinary proceeding alleging sexual misconduct by the licensee upon request of the complainant or witness.

Section 40-69-200.   (A)   A person who practices or offers to practice veterinary medicine or veterinary technology in violation of this chapter, or who knowingly presents to or files false information with the board for the purpose of obtaining a license, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five hundred dollars or imprisoned for not less than thirty days. Each act of unlawful practice constitutes a separate offense.

(B)   A person performing acts as a licensed veterinary technician in compliance with this chapter may not be deemed to be engaging in the practice of veterinary medicine.

Section 40-69-210.   (A)   If the board has reason to believe that a person is violating or intends to violate a provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from that conduct.

(B)   The board may apply to an administrative law judge, as provided under Article 5, Chapter 23, Title 1, for an injunction restraining the person from that conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter as it considers proper. A bond may not be required of the board by an administrative law judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.

(C)   A member of the board or its committees, special examiners, agents, and employees may not be held liable for acts performed in the course of official duties, except where actual malice is shown. For the purpose of an investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.

Section 40-69-215.   The board shall not issue a cease and desist notice to an individual who has been hired solely for the act of 'floating' teeth in an equine. If that animal requires sedation or anesthesia, a licensed professional holding a Drug Enforcement Administration and South Carolina drug license must administer the controlled substance in accordance with state and federal law.

Section 40-69-220.   (A)   An applicant for a veterinary license examination shall submit to the board, on or before a specified date to be determined by the board, a completed application on forms prescribed by the board and supported by proper credentials and the payment of a fee to be set by the board in regulation.

(B)   Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws an application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.

(C)   After the board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary medicine, the applicant may be examined by the board at its next scheduled examination date. The board shall give notice to the applicant of the exact time and place of the examination.

(D)   The board shall conduct examinations of all applicants, and the board may examine a veterinary applicant who submits satisfactory evidence that the applicant:

(1)   is a graduate of a school or college of veterinary medicine accredited by the American Veterinary Medical Association or holds a certificate issued by the Education Commission of Foreign Veterinary Graduates or credentials issued by a credentialing entity approved by the board; and

(2)   has paid the required fee.

(E)   The board, except as otherwise provided for in this chapter, shall require the applicant to take a written examination to test the applicant's knowledge of and proficiency in subjects and techniques commonly taught in veterinary schools, or the board may accept the results of the written examinations conducted by the National Board of Veterinary Examiners or other nationally recognized examination organizations approved by the board. The board may administer an additional examination to determine an applicant's familiarity with applicable state law.

(F)   The board shall establish a minimum passing grade for each examination given by the board. If the applicant makes the minimum passing grade on the examination as established by the board and the board finds that the applicant is otherwise worthy, competent, and qualified, the board shall issue the applicant a license to practice veterinary medicine in this State.

(G)   The examination of applicants for licenses to practice veterinary medicine must be conducted in accordance with regulations promulgated by the board.

Section 40-69-230.   (A)   An applicant for a veterinary technician license examination shall submit to the board, on or before a specified date to be determined by the board, a completed application on forms prescribed by the board and supported by proper credentials and the payment of a fee to be set by the board in regulation.

(B)   Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws the application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.

(C)   After the board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary technology, the applicant may be examined by the board at its next scheduled examination date. The board shall give notice to the applicant of the exact time and place of the examination.

(D)   The board shall conduct examinations of all applicants, and the board may examine an applicant who submits satisfactory evidence that the applicant:

(1)   is at least eighteen years of age;

(2)   is a graduate of an American Veterinary Medical Association accredited school of animal technology;

(3)   has paid the required fee; and

(4)   has provided other documents as the board may require.

(E)   The examination of an applicant for licensure must be conducted in accordance with regulations promulgated by the board. The board shall require the applicant to take a written examination in subjects relating to veterinary technology as the board may require. The board shall accept the Veterinary Technician National Examination or other nationally recognized examinations approved by the board. The board may administer an additional examination to determine an applicant's familiarity with applicable state law.

(F)   The board shall establish a minimum passing grade for each examination given and shall hold at least one examination annually. Each applicant is entitled to at least one reexamination.

(G)   A person previously issued a certificate to work as a veterinary technician before August 2, 1981, by the South Carolina State Board of Veterinary Medical Examiners, upon payment of the required fee must be issued a certificate by the board.

Section 40-69-240.   (A)   The board may issue a temporary license to practice veterinary medicine or veterinary technology to an applicant if the applicant has satisfied:

(1)   the qualifications and requirements of Section 40-69-220 or Section 40-69-230, as applicable;

(2)   filed an application, including any other required documentation, to take the examination;

(3)   paid a temporary license fee which must be set by the board in regulation, in addition to the examination fee; and

(4)   has been granted a degree from an accredited veterinary college or degree in veterinary technology.

(B)   A temporary license entitles the holder to practice only until the board has acted upon the application for a permanent license after the applicant successfully completes the next regularly scheduled examination. A temporary license is not renewable. Only one temporary license may be issued to a person. The board may renew a temporary license of a person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control until the board is able to act on the application after the person completes the required examination.

(C)   A temporary license entitles the holder to practice with supervision in accordance with the following:

(1)   A veterinarian holding a current and valid license and who has been practicing for a period of not less than sixty days in another state, post-graduation, may practice with indirect supervision as defined in this chapter.

(2)   A veterinarian who has been granted a degree from a veterinary college but who cannot provide evidence of sixty days of clinical practice, post-graduation, may practice with direct supervision as defined in this chapter.

(3)   A veterinary technician holding a current and valid license in another state may practice with direct or indirect supervision at the discretion of the licensed veterinarian and in compliance with this chapter or as set forth in regulation.

(4)   A veterinary technician who does not hold a current and valid license in another state may practice with direct supervision of a licensed veterinarian.

Section 40-69-250.   (A)   A license issued pursuant to this chapter is valid for a period of time not to exceed two years. The license may be renewed in accordance with procedures promulgated by the board through regulation upon the payment of a renewal fee and upon fulfillment of continuing education, as required by the board through regulation. Failure to pay the renewal fee, including any late fees, before the first day of February of the renewal year renders the license void.

(B)   A licensee who allows the license to lapse by failing to renew the license in accordance with this section may be reinstated by the board upon payment of renewal fees and satisfaction of continuing education requirements, if required, by the board through regulation. The board may assess a reinstatement fee and impose additional requirements for reinstatement as may be established by regulation.

(C)   The board also may issue a duplicate license to replace one that has been lost or destroyed upon payment of a fee established in regulation. A duplicate license must have the word 'Duplicate' typed or printed across the face of the license.

(D)   A person licensed pursuant to this chapter must display the license in a prominent and conspicuous place in the person's primary place of practice.

(E)   A licensee shall notify the board in writing of a change in name or mailing address within thirty days and, when requesting a name change on a license, shall submit legal documentation indicating the name change.

Section 40-69-260.   (A)   The board may issue a license to a qualified applicant who:

(1)   is licensed to practice veterinary medicine in another state if the applicant furnishes satisfactory proof that he is a graduate of an approved veterinary college and is in good standing in his respective state; and

(2)   has passed the National Board Examination and the Clinical Competency Test as prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), or its predecessor organization, the National Board of Veterinary Medical Examiners, or any subsequent national licensing examination prepared under the authority of the NBEC or the American Association of Veterinary State Boards; and

(3)   has passed the state licensing exam; and

(4)   has completed thirty qualifying continuing education hours within the previous two years.

(B)   A person may not be licensed under this section except upon proof that he has taken and passed a written examination in at least one of the states in which he is licensed.

(C)   The board shall use the examination prepared by the National Board Examination Committee or other nationally recognized veterinary examinations approved by the board in lieu of a state written and practical examination. The board may administer an additional examination to determine an applicant's familiarity with applicable state law.

Section 40-69-270.   (A)   A person may not engage in the practice of veterinary medicine in this State without a current and valid license issued by the board pursuant to this chapter. Nothing in this chapter may be construed to prohibit:

(1)   a person who is a regular student, technician, or instructor in a legally chartered educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research or a veterinary student preceptee working under the direct supervision of a licensed veterinarian during a school vacation period or in a preceptorship program;

(2)   a veterinarian holding a current and valid license in another state from acting as a consultant with a licensed veterinarian of this State;

(3)   a veterinarian who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service, or other federal agencies or the State of South Carolina or political subdivisions of this State from performing official duties in accordance with employment;

(4)   a person or a regular employee from administering to the person's own animals, except when the ownership is so vested for the purpose of circumventing the provisions of this chapter or except when the employee is so employed for the purpose of circumventing the provisions of this chapter; however, the administration to the animals must be in compliance with all federal, state, and local laws;

(5)   state or federal agencies, accredited schools, research institutions, foundations, corporations, or employees of these, which or who conduct experiments and scientific research using animals, if the research or testing is performed in compliance with all federal, state, and local laws;

(6)   a person from performing artificial insemination to animals;

(7)   initiation of prescribed emergency procedures in life threatening situations by a veterinary technician employed by a licensed veterinarian;

(8)   a merchant from selling, at a regular place of business, medicines, feed, appliances, or other animal health products if all sales are done in compliance with all federal, state, and local laws and in accordance with regulations promulgated by the board.

(B)   Nothing in this chapter limits or affects the practice of a person who is licensed in this State and who is acting within the scope of another licensed practice or profession.

(C)   Nothing in this chapter affects the practice of qualified persons to whom a licensed veterinarian has delegated the performance of procedures, therapeutic options, and alternate therapies. The delegating veterinarian must verify the qualifications of these persons and their competencies before delegation. The delegating veterinarian remains responsible for the general care of the patient.

Section 40-69-280.   (A)   An animal is considered abandoned when the animal has been placed in the custody of a licensed veterinarian for boarding, treatment, or other care and is unclaimed by its owner or the owner's agent and the owner or the owner's agent has not paid the charges for the boarding, treatment, or other care within ten days of notice of these charges being provided to the owner or the owner's agent in accordance with this section and no other payment agreement with the owner or the owner's agent has been reached.

(B)   The notice required in subsection (A) must be given to the owner of the animal or the owner's agent at his last known address by registered mail or by certified mail, return receipt requested, and must contain a statement that if the animal is not claimed and if the charges are not paid within ten days after receipt of the notice, the animal may be sold, donated, turned over to the nearest humane society or animal shelter or otherwise disposed of as the person having custody of the animal considers proper.

(C)   The owner of an abandoned animal is deemed to have relinquished all rights and claims to the animal by virtue of the abandonment.

(D)   Providing notice to the owner or the owner's agent pursuant to this section relieves the custodian of the animal of any liability for the sale, donation, euthanasia, or other disposal of the animal.

Section 40-69-285.   A licensed veterinarian has a lien on each animal treated, boarded, or cared for while in the veterinarian's custody for payment of charges for treatment, board, or care of the animal. The veterinarian has the right to retain the animal until the charges are paid by the owner of the animal.

Section 40-69-290.   An emergency clinic or emergency hospital is a facility which advertises or otherwise purports to provide veterinary medical services during specified hours of operation or during periods when these services are not normally available through other facilities. Nothing contained in this chapter is intended to prohibit a facility from providing services of an emergency nature.

A licensed veterinarian must be in attendance at the emergency facility at all hours of operation and have sufficient staff always available to provide timely and appropriate care.

Section 40-69-295.   Regardless of mode of transportation, a mobile facility must have a permanent base of operation with a published address and telephone facilities for making appointments or responding to emergency situations."

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

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

Renumber sections to conform.

Amend title to conform.

Senator VERDIN 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 GROOMS, with unanimous consent, H. 3615 was ordered to receive a third reading on Friday, May 19, 2006.

The following were introduced:

S. 1432 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE PENDLETON DISTRICT COMMISSION FOR FORTY YEARS OF PROMOTING HISTORY AND TOURISM IN ANDERSON, OCONEE, AND PICKENS COUNTIES AND FOR HELPING TO MAKE TOURISM THE NUMBER ONE INDUSTRY IN THE STATE.
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The Senate Resolution was adopted.

S. 1433 (Word version) -- Senator Martin: A SENATE RESOLUTION CONGRATULATING DR. MENDEL STEWART ON RECEIVING THE ORDER OF THE PALMETTO, AWARDED TO HIM ON MAY 18, 2006, BY GOVERNOR MARK SANFORD, HONORING HIS LIFETIME COMMITMENT TO THE EDUCATION OF THE STUDENTS IN PICKENS COUNTY, AND WISHING HIM WELL UPON HIS RETIREMENT AS SUPERINTENDENT OF THE SCHOOL DISTRICT OF PICKENS COUNTY.
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The Senate Resolution was adopted.

S. 1434 (Word version) -- Senators Courson and Cromer: A SENATE RESOLUTION CONGRATULATING MRS. JENNIFER "BUFFY" MURPHY ON BEING NAMED SOUTH CAROLINA TEACHER OF THE YEAR 2006, HONORING AND THANKING HER FOR HER TIRELESS COMMITMENT TO EDUCATION, AND WISHING HER MUCH CONTINUED SUCCESS IN THE FUTURE.
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The Senate Resolution was adopted.

S. 1435 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1436 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO PRIVATE SECURITY AND PRIVATE INVESTIGATION BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1437 (Word version) -- Senators Setzler, Knotts and Courson: A BILL TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RICHLAND-LEXINGTON AIRPORT DISTRICT AND COMMISSION, SO AS TO PROVIDE THAT THERE IS NO LIMITATION ON THE NUMBER OF TERMS MEMBERS OF THE COMMISSION MAY SERVE; AND TO AMEND SECTION 55-11-330, RELATING TO OFFICERS OF THE COMMISSION, SO AS TO REVISE THE MANNER IN WHICH THE CHAIRMANSHIP OF THE COMMISSION IS ROTATED.
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Read the first time and, on motion of Senator SETZLER, with unanimous consent, S. 1437 was ordered placed on the Calendar without reference.

On motion of Senator COURSON, with unanimous consent, S. 1437 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1438 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3000, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

H. 5143 (Word version) -- Reps. McGee, Coates, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 1 ELECTED FROM SEATS 3, 6, AND 9 AT THE MAY 2006 ELECTION SHALL SERVE FOR TERMS TO EXPIRE ON DECEMBER 31, 2010, AFTER THEIR SUCCESSORS ELECTED AT THE NOVEMBER 2010 ELECTION QUALIFY AND TAKE OFFICE.

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

H. 5176 (Word version) -- Reps. Harvin, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN TINDAL, SUPERINTENDENT OF CLARENDON COUNTY SCHOOL DISTRICT TWO, FOR RECEIVING THE RURAL EDUCATION AWARD AND TO COMMEND HIM FOR HIS CONTINUING DEDICATION AND COMMITMENT TO IMPROVING PUBLIC EDUCATION IN RURAL SOUTH CAROLINA.

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

H. 5177 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SONYA SIMS OF CHESTERFIELD COUNTY UPON HER RECEIPT OF THE PAGELAND CHAMBER OF COMMERCE OUTSTANDING WOMAN IN BUSINESS AWARD AND TO APPLAUD HER FOR HER INNOVATION, DEDICATION, AND STRONG BUSINESS SENSE.

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

H. 5178 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE REVEREND CHARLES EPPES, SR., OF RICHLAND COUNTY FOR A DISTINGUISHED THIRTY-FOUR YEAR CAREER AS A STATE EMPLOYEE AND FOR HIS FAITHFUL SERVICE AS PASTOR OF THE PROGRESSIVE BAPTIST CHURCH IN COLUMBIA FOR TWENTY-ONE YEARS.

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

H. 5179 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE NONLEGISLATIVE MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION, THE COMMISSION STAFF, AND THE MEMBERS OF THE CITIZENS COMMITTEES ON JUDICIAL QUALIFICATIONS ON THE TENTH ANNIVERSARY OF HISTORIC LEGISLATION REFORMING THE JUDICIAL SELECTION PROCESS FOR THE EXEMPLARY SERVICE THEY PERFORM IN EVALUATING THE QUALIFICATIONS AND CHARACTER OF CANDIDATES FOR JUDICIAL OFFICE IN THE STATE.

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

H. 5196 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE PINEWOOD PREPARATORY SCHOOL BOYS SOCCER TEAM ON ITS OUTSTANDING WIN OF THE 2006 SCISA CLASS AAA SOCCER CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, WINSTON HELMS, ON AN EXCEPTIONAL SEASON.

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

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

H. 3109 (Word version) -- Reps. M.A. Pitts, E.H. Pitts, Taylor, Mahaffey and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-160 SO AS TO PROVIDE THAT A SCHOOL BUS DRIVER SHALL HAVE A PHYSICAL PERFORMED BY A PHYSICIAN OR NURSE PRACTITIONER BEFORE THE TESTING REQUIRED TO OPERATE A SCHOOL BUS AND PROVIDE FOR THE REPORTING OF THE RESULTS OF THE EXAMINATION.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

H. 3711 (Word version) -- Reps. Cobb-Hunter and Mitchell: A BILL TO AMEND CHAPTER 17, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF PRESCRIPTION DRUG DISCOUNT CARDS, SO AS TO ENACT THE PRESCRIPTION DRUG DISCOUNT CARD REGISTRATION ACT, PROVIDING FOR REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS OF PERSONS AND REPRESENTATIVES ENGAGED IN THE SALE, MARKETING, PROMOTION, ADVERTISEMENT, OR DISTRIBUTION OF PRESCRIPTION DRUG DISCOUNT CARDS OR OTHER PURCHASING DEVICES; EXEMPTIONS FROM REGULATION UNDER THE ACT; REMEDIES FOR VIOLATIONS OF THE ACT, IN ADDITION TO, AND CUMULATIVE OF, OTHER PENALTIES IN TITLE 37 AND IN THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT; AND AUTHORITY OF THE DEPARTMENT OF CONSUMER AFFAIRS TO PROMULGATE REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS ACT.

Ordered for consideration tomorrow.

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

H. 3803 (Word version) -- Reps. Edge and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, CHAPTER 53, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA PRESCRIPTION MONITORING ACT AUTHORIZING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BUREAU OF DRUG CONTROL TO ESTABLISH A PROGRAM TO MONITOR THE PRESCRIBING AND DISPENSING OF SCHEDULE II-V CONTROLLED SUBSTANCES AND TO PROVIDE THE MANNER AND PROCEDURES UNDER WHICH DISPENSERS ARE TO PROVIDE SUCH INFORMATION, TO PROVIDE FOR THE USE AND CONFIDENTIALITY OF THIS INFORMATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 3899 (Word version) -- Reps. Cato, Cooper, Anthony, Duncan, Hayes, Jennings, M.A. Pitts and W.D. Smith: A BILL TO AMEND SECTION 44-75-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR ATHLETIC TRAINER CERTIFICATION, SO AS TO PROVIDE AN APPLICANT MUST PASS THE NATIONAL ATHLETIC TRAINER'S BOARD OF CERTIFICATION, INC., EXAMINATION AND TO DELETE PROVISIONS REQUIRING SPECIFIC BACHELOR OF SCIENCE OR FOUR YEAR COLLEGE DEGREE REQUIREMENTS.

Ordered for consideration tomorrow.

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

H. 3921 (Word version) -- Reps. Clemmons and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS.

Ordered for consideration tomorrow.

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

H. 3949 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4025 SO AS TO PROVIDE FOR CHARITY GAMING.

Ordered for consideration tomorrow.

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

H. 4348 (Word version) -- Reps. Walker, Hinson, McLeod, Limehouse, Bailey and Cobb-Hunter: A BILL TO AMEND CHAPTER 43, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE DISPOSITION OF HUMAN BODIES, THE UNIFORM ANATOMICAL GIFT ACT, AND POSTMORTEM EXAMINATIONS, SO AS TO PROVIDE THAT AN EMBLEM MUST BE EMBEDDED ON A DRIVER'S LICENSE TO DESIGNATE THE LICENSEE AS AN ORGAN OR TISSUE DONOR; TO DELETE PROVISIONS SPECIFICALLY ADDRESSING EYE DONATION, WHICH IS INCLUDED IN PROVISIONS RELATING TO TISSUE DONATION AND PROCUREMENT; TO FURTHER SPECIFY THE CLASSES HAVING AUTHORITY TO CONSENT TO ORGAN AND TISSUE DONATION FOR A DECEDENT; TO CONFORM REFERENCES TO CURRENT FEDERAL LAW REGARDING ORGAN PROCUREMENT AGENCIES; TO PROVIDE THAT WHEN DEATH IS IMMINENT, OR HAS OCCURRED, NOTIFICATION OF THE ORGAN PROCUREMENT ORGANIZATION MUST BE MADE IN ACCORDANCE WITH FEDERAL AND STATE LAW; TO DELETE PROVISIONS REGARDING CERTAIN AGENCIES HAVING AUTHORITY TO RECEIVE CERTAIN ORGAN AND TISSUE DONATIONS; TO REVISE PROCEDURES FOR DEATH RECORD REVIEWERS; AND TO MAKE TECHNICAL CORRECTIONS.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

H. 4391 (Word version) -- Reps. Taylor, Bingham, Cato and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-60 SO AS TO AUTHORIZE AN INSURANCE COMPANY TO ADVERTISE A POLICY IN A FOREIGN LANGUAGE, BUT ONLY OFFER THE POLICY IN ENGLISH.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

H. 4633 (Word version) -- Reps. Bingham, Cato, Tripp, Chellis, Loftis and Bailey: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY, SO AS TO PROVIDE THAT AN EMPLOYER WHO MAY SELF-FUND WORKERS' COMPENSATION COVERAGE IS AUTHORIZED TO WRITE WORKERS' COMPENSATION COVERAGE DIRECTLY THROUGH A CAPTIVE INSURANCE COMPANY; AND TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO INSURANCE OR PROOF OF FINANCIAL ABILITY TO PAY, SO AS TO AUTHORIZE A CAPTIVE INSURANCE COMPANY, WHICH MAY PAY DIRECTLY COMPENSATION, THE ABILITY TO WRITE WORKERS' COMPENSATION INSURANCE.

Ordered for consideration tomorrow.

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

H. 4672 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PREVENTION AND CONTROL OF LEAD POISONING IN CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 3004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4692 (Word version) -- Reps. Davenport and McLeod: A BILL TO AMEND SECTION 44-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RULINGS AND ORDERS, SO AS TO PROVIDE THAT VIOLATIONS OF RULINGS AND ORDERS, AMONG OTHER THINGS, ISSUED PURSUANT TO THE DEPARTMENT'S GENERAL AUTHORITY PROVIDED FOR IN SECTION 44-1-140 ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS A DAY FOR EACH VIOLATION AND THAT THE DEPARTMENT SHALL SUBMIT THESE FINES TO THE STATE GENERAL FUND.

Ordered for consideration tomorrow.

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

H. 4808 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "EMERGENCY HEALTH POWERS ACT", SO AS TO REVISE THE DEFINITIONS OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO ESTABLISH PENALTIES OF A MAXIMUM FINE OF ONE THOUSAND DOLLARS OR THIRTY DAYS IN PRISON, OR BOTH, FOR NONCOMPLIANCE, TO PROVIDE THAT AN EMPLOYER MAY NOT FIRE OR DISCRIMINATE AGAINST AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE ORDERS, AND TO PROVIDE THAT AN EMPLOYER MAY REQUIRE AN EMPLOYEE SUBJECT TO ISOLATION OR QUARANTINE TO USE ANNUAL OR SICK LEAVE TO COMPLY WITH SUCH AN ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT BEFORE THE DECLARATION OF A PUBLIC HEALTH EMERGENCY ISOLATION AND QUARANTINE ORDERS ISSUED MUST BE UNDERTAKEN IN ACCORDANCE WITH THE EMERGENCY HEALTH POWERS ACT; TO AMEND SECTION 44-4-570, RELATING TO APPOINTMENT AND USE OF IN-STATE AND OUT-OF-STATE HEALTH PERSONNEL IN A STATE OF PUBLIC HEALTH EMERGENCY, SO AS TO PROVIDE THAT LAW PERTAINING TO GOVERNMENT VOLUNTEERS AND COVERAGE UNDER THE SOUTH CAROLINA TORT CLAIMS ACT APPLIES TO SUCH PUBLIC HEALTH EMERGENCY VOLUNTEERS, TO PROVIDE EXCEPTIONS, AND TO FURTHER PROVIDE FOR IMMUNITY FROM CIVIL LIABILITY FOR THESE VOLUNTEERS AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

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

H. 4856 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

H. 4889 (Word version) -- Reps. Bingham, Perry, Bales, G. Brown, Cato, Chellis, Dantzler, Ott, Sandifer, J.E. Smith, Thompson and Tripp: A BILL TO AMEND SECTION 56-10-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO AUTHORIZE THE CANCELLATION OF A CONTRACT OR INSURANCE POLICY IF THE INSURED FAILS TO PAY THE PREMIUM FOR THE POLICY OR AN INSTALLMENT OF THE PREMIUM WHEN IT IS DUE.

Ordered for consideration tomorrow.

Columbia, S.C., May 10, 2006

Mr. President and Senators:

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

H. 3726 (Word version) -- Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Very respectfully,
Speaker of the House

Received as information.

H. 3726 (Word version) -- Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

On motion of Senator HUTTO, the Senate insisted upon its amendments to H. 3726 and asked for a Committee of Conference.

Whereupon, Senators HUTTO, CROMER and BRYANT were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., May 17, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:

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

Received as information.

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

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Columbia, S.C., May 17, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

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, BY ADDING SECTIONS 12-36-1110, 12-36-1120, AND 12-36-1130 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND AND RESERVE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, AND TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT; TO ADD SECTION 12-37-932 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX IS ITS FAIR MARKET VALUE AS APPRAISED IN THE MANNER PROVIDED BY LAW WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS MADE TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT ON THE FIRST DAY OF JANUARY IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS PROVISION THE DUTIES, POWERS, AND FUNCTIONS OF LOCAL COUNTY PROPERTY TAX ASSESSORS ARE TRANSFERRED TO AND DEVOLVED UPON THE PROPERTY TAX DIVISION OF THE STATE DEPARTMENT OF REVENUE, TO PROVIDE THAT THE SALES TAX EXEMPTIONS IN SECTION 12-36-2120 SHALL BE REVIEWED BY THE GENERAL ASSEMBLY EVERY TEN YEARS BEGINNING IN 2010; TO AMEND SECTIONS 11-11-150, 12-43-210, AND 12-43-220, ALL AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, REASSESSMENT AND THE VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO MAKE CONFORMING AMENDMENTS AND OTHER CHANGES TO REFLECT THESE PROVISIONS; TO AMEND ACT 406 OF 2000, RELATING TO, AMONG OTHER THINGS, THE HOMESTEAD EXEMPTION, SO AS TO DELETE AN OBSOLETE PROVISION; 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; 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 INCLUDING SCHOOL DISTRICTS TO REIMBURSE THEM FOR THE REVENUE LOST AS A RESULT OF THE PROPERTY TAX EXEMPTIONS; TO PROVIDE THAT LOCAL SALES TAX AND LOCAL OPTION SALES TAX REVENUES PROVIDING PROPERTY TAX RELIEF TO OWNER-OCCUPIED RESIDENTIAL PROPERTY SHALL BE APPLIED FOR PROPERTY TAX RELIEF TO OTHER CLASSES OF PROPERTY; 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, AND TO PROVIDE FOR A SUPERMAJORITY VOTE OF THE GOVERNING BODY OF THE ENTITY TO EXCEED THIS LIMITATION; TO PROVIDE THAT ALL OF THE ABOVE PROVISIONS ARE CONTINGENT UPON RATIFICATION OF CERTAIN CONSTITUTIONAL AMENDMENTS TO ARTICLE X OF THE STATE CONSTITUTION PROVIDING FOR AN ADDITIONAL HOMESTEAD PROPERTY TAX EXEMPTION, DETERMINATION OF FAIR MARKET VALUE OF PROPERTY, AND RELATED MATTERS; TO AMEND SECTIONS 11-27-30, 11-27-40, AND 11-27-50, ALL AS AMENDED, RELATING TO THE EFFECT OF ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION ON BONDS OF THE STATE, POLITICAL SUBDIVISIONS OF THE STATE, AND SCHOOL DISTRICTS, RESPECTIVELY, SO AS TO DEEM AFTER JULY 1, 2006, A COMPLETE OR PARTIAL SUCCESSOR-IN-INTEREST TO, OR OTHER TRANSFEREE OF, OR OTHER ASSOCIATE OF THE STATE, A POLITICAL SUBDIVISION, OR A SCHOOL DISTRICT TO BE THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT FOR BONDING PURPOSES WHEN THE SUCCESSOR, TRANSFEREE, OR ASSOCIATE UNDERTAKES ALL OR A PORTION OF THE OPERATION OR ASSUMES ALL OR A PORTION OF A DUTY OF THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT; TO AMEND SECTION 12-37-670, RELATING TO LISTING AND ASSESSMENT OF NEW STRUCTURES FOR PROPERTY TAX PURPOSES, SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO REQUIRE THAT A NEW STRUCTURE BE LISTED BY THE FIRST DAY OF THE MONTH AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE STRUCTURE AND TO PROVIDE FOR THE TIMING OF PAYMENT OF TAXES DUE; TO REPEAL SECTION 12-37-680 RELATING TO A LOCAL COUNTY ORDINANCE ADOPTING THE SAME RULE; TO AMEND SECTION 12-43-215, RELATING TO OWNER-OCCUPIED RESIDENTIAL PROPERTY IN CONNECTION WITH AD VALOREM PROPERTY TAXATION, SO AS TO REQUIRE EACH COUNTY TO SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT OF REVENUE LISTING THE NAMES AND ADDRESSES OF ALL PROPERTY CLASSIFIED AS "OWNER-OCCUPIED"; TO ADD SECTION 59-20-21 SO AS TO PROVIDE THAT BEGINNING WITH THE YEAR 2006, THE STATE BOARD OF EDUCATION, IN DETERMINING THE MINIMUM EDUCATION PROGRAM DESIGNED TO MEET STUDENTS' NEEDS, MAY ONLY CONSIDER FACTORS REQUIRED BY STATUTORY LAW OR WHICH DIRECTLY AFFECT CLASSROOM LEARNING, AND THE LOCAL MAINTENANCE OF EFFORT REQUIRED OF A SCHOOL DISTRICT MUST BE BASED ON THESE DETERMINATIONS; TO ADD SECTION 59-20-22 SO AS TO PROVIDE THAT NOTWITHSTANDING A SCHOOL DISTRICT'S INDEX OF TAXPAYING ABILITY, THE MINIMUM STATE FUNDS A SCHOOL DISTRICT SHALL RECEIVE IN ANY YEAR IS FORTY PERCENT OF THE APPLICABLE YEAR'S BASE STUDENT COST, AND TO PROVIDE FOR THE MANNER IN WHICH ALL OF THESE PROVISIONS SHALL TAKE EFFECT OR BE REPEALED.
asks for a Committee of Conference, and has appointed Reps. Cotty, Merrill and Anthony to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

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, BY ADDING SECTIONS 12-36-1110, 12-36-1120, AND 12-36-1130 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF UNPREPARED FOOD; TO ADD SECTION 11-11-155 SO AS TO CREATE THE HOMESTEAD EXEMPTION FUND AND RESERVE FUND; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, AND TO PROVIDE THAT THIS EXEMPTION WITH CERTAIN EXCEPTIONS DOES NOT APPLY WITH RESPECT TO PROPERTY TAX IMPOSED FOR PAYMENT OF GENERAL OBLIGATION DEBT; TO ADD SECTION 12-37-932 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX IS ITS FAIR MARKET VALUE AS APPRAISED IN THE MANNER PROVIDED BY LAW WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS MADE TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, TO PROVIDE THAT ON THE FIRST DAY OF JANUARY IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS PROVISION THE DUTIES, POWERS, AND FUNCTIONS OF LOCAL COUNTY PROPERTY TAX ASSESSORS ARE TRANSFERRED TO AND DEVOLVED UPON THE PROPERTY TAX DIVISION OF THE STATE DEPARTMENT OF REVENUE, TO PROVIDE THAT THE SALES TAX EXEMPTIONS IN SECTION 12-36-2120 SHALL BE REVIEWED BY THE GENERAL ASSEMBLY EVERY TEN YEARS BEGINNING IN 2010; TO AMEND SECTIONS 11-11-150, 12-43-210, AND 12-43-220, ALL AS AMENDED, RELATING TO THE TRUST FUND FOR TAX RELIEF, REASSESSMENT AND THE VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO MAKE CONFORMING AMENDMENTS AND OTHER CHANGES TO REFLECT THESE PROVISIONS; TO AMEND ACT 406 OF 2000, RELATING TO, AMONG OTHER THINGS, THE HOMESTEAD EXEMPTION, SO AS TO DELETE AN OBSOLETE PROVISION; 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; 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 INCLUDING SCHOOL DISTRICTS TO REIMBURSE THEM FOR THE REVENUE LOST AS A RESULT OF THE PROPERTY TAX EXEMPTIONS; TO PROVIDE THAT LOCAL SALES TAX AND LOCAL OPTION SALES TAX REVENUES PROVIDING PROPERTY TAX RELIEF TO OWNER-OCCUPIED RESIDENTIAL PROPERTY SHALL BE APPLIED FOR PROPERTY TAX RELIEF TO OTHER CLASSES OF PROPERTY; 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, AND TO PROVIDE FOR A SUPERMAJORITY VOTE OF THE GOVERNING BODY OF THE ENTITY TO EXCEED THIS LIMITATION; TO PROVIDE THAT ALL OF THE ABOVE PROVISIONS ARE CONTINGENT UPON RATIFICATION OF CERTAIN CONSTITUTIONAL AMENDMENTS TO ARTICLE X OF THE STATE CONSTITUTION PROVIDING FOR AN ADDITIONAL HOMESTEAD PROPERTY TAX EXEMPTION, DETERMINATION OF FAIR MARKET VALUE OF PROPERTY, AND RELATED MATTERS; TO AMEND SECTIONS 11-27-30, 11-27-40, AND 11-27-50, ALL AS AMENDED, RELATING TO THE EFFECT OF ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION ON BONDS OF THE STATE, POLITICAL SUBDIVISIONS OF THE STATE, AND SCHOOL DISTRICTS, RESPECTIVELY, SO AS TO DEEM AFTER JULY 1, 2006, A COMPLETE OR PARTIAL SUCCESSOR-IN-INTEREST TO, OR OTHER TRANSFEREE OF, OR OTHER ASSOCIATE OF THE STATE, A POLITICAL SUBDIVISION, OR A SCHOOL DISTRICT TO BE THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT FOR BONDING PURPOSES WHEN THE SUCCESSOR, TRANSFEREE, OR ASSOCIATE UNDERTAKES ALL OR A PORTION OF THE OPERATION OR ASSUMES ALL OR A PORTION OF A DUTY OF THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT; TO AMEND SECTION 12-37-670, RELATING TO LISTING AND ASSESSMENT OF NEW STRUCTURES FOR PROPERTY TAX PURPOSES, SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO REQUIRE THAT A NEW STRUCTURE BE LISTED BY THE FIRST DAY OF THE MONTH AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE STRUCTURE AND TO PROVIDE FOR THE TIMING OF PAYMENT OF TAXES DUE; TO REPEAL SECTION 12-37-680 RELATING TO A LOCAL COUNTY ORDINANCE ADOPTING THE SAME RULE; TO AMEND SECTION 12-43-215, RELATING TO OWNER-OCCUPIED RESIDENTIAL PROPERTY IN CONNECTION WITH AD VALOREM PROPERTY TAXATION, SO AS TO REQUIRE EACH COUNTY TO SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT OF REVENUE LISTING THE NAMES AND ADDRESSES OF ALL PROPERTY CLASSIFIED AS "OWNER-OCCUPIED"; TO ADD SECTION 59-20-21 SO AS TO PROVIDE THAT BEGINNING WITH THE YEAR 2006, THE STATE BOARD OF EDUCATION, IN DETERMINING THE MINIMUM EDUCATION PROGRAM DESIGNED TO MEET STUDENTS' NEEDS, MAY ONLY CONSIDER FACTORS REQUIRED BY STATUTORY LAW OR WHICH DIRECTLY AFFECT CLASSROOM LEARNING, AND THE LOCAL MAINTENANCE OF EFFORT REQUIRED OF A SCHOOL DISTRICT MUST BE BASED ON THESE DETERMINATIONS; TO ADD SECTION 59-20-22 SO AS TO PROVIDE THAT NOTWITHSTANDING A SCHOOL DISTRICT'S INDEX OF TAXPAYING ABILITY, THE MINIMUM STATE FUNDS A SCHOOL DISTRICT SHALL RECEIVE IN ANY YEAR IS FORTY PERCENT OF THE APPLICABLE YEAR'S BASE STUDENT COST, AND TO PROVIDE FOR THE MANNER IN WHICH ALL OF THESE PROVISIONS SHALL TAKE EFFECT OR BE REPEALED.

Whereupon, Senators LEATHERMAN, SHORT and RITCHIE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., May 17, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

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 SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; TO AMEND SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH METHODS OF VALUATION FOR COUNTIES TO SELECT FROM FOR ASSESSMENT OF REAL PROPERTY WITHIN THEIR JURISDICTIONS, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS; AND TO AMEND SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LEVY A SALES AND USE TAX IMPOSED FOR SCHOOL OPERATIONS AND COUNTY OPERATIONS IN ANY POLITICAL SUBDIVISION LOCATED IN WHOLE OR IN PART WITHIN THE COUNTY IN ORDER TO PROVIDE ALL CLASSES OF PROPERTY, EXCEPT FOR FEE IN LIEU OF PROPERTY TAXES, A CREDIT FOR AD VALOREM TAXES, AND TO ALLOW THIS CREDIT AND RESCISSION PURSUANT ONLY TO A REFERENDUM HELD IN A COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
asks for a Committee of Conference, and has appointed Reps. Cotty, Merrill and Anthony to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

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 SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; TO AMEND SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH METHODS OF VALUATION FOR COUNTIES TO SELECT FROM FOR ASSESSMENT OF REAL PROPERTY WITHIN THEIR JURISDICTIONS, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS; AND TO AMEND SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LEVY A SALES AND USE TAX IMPOSED FOR SCHOOL OPERATIONS AND COUNTY OPERATIONS IN ANY POLITICAL SUBDIVISION LOCATED IN WHOLE OR IN PART WITHIN THE COUNTY IN ORDER TO PROVIDE ALL CLASSES OF PROPERTY, EXCEPT FOR FEE IN LIEU OF PROPERTY TAXES, A CREDIT FOR AD VALOREM TAXES, AND TO ALLOW THIS CREDIT AND RESCISSION PURSUANT ONLY TO A REFERENDUM HELD IN A COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.

Whereupon, Senators MARTIN, SHORT and RITCHIE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 1426 (Word version) -- Senators Ritchie, Cleary and Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE NONLEGISLATIVE MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION, THE COMMISSION STAFF, AND THE MEMBERS OF THE CITIZENS COMMITTEES ON JUDICIAL QUALIFICATIONS ON THE TENTH ANNIVERSARY OF HISTORIC LEGISLATION REFORMING THE JUDICIAL SELECTION PROCESS FOR THE EXEMPLARY SERVICE THEY PERFORM IN EVALUATING THE QUALIFICATIONS AND CHARACTER OF CANDIDATES FOR JUDICIAL OFFICE IN THE STATE.

Returned with concurrence.

Received as information.

S. 1379 (Word version) -- Senators Jackson, Matthews, Lourie, Anderson, Malloy, Elliott, Scott, Patterson, Hutto, Setzler, Rankin, Leventis, McGill and Cleary: A CONCURRENT RESOLUTION URGING AND REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF INSURANCE TO JOINTLY UNDERTAKE A STUDY OF THE TREATMENT OF OBESITY, INCLUDING THE COMPILATION OF DATA ON THE TREATMENT OF OBESITY THROUGH BARIATRIC SURGERY PERFORMED AT FACILITIES CERTIFIED BY THE AMERICAN SOCIETY FOR BARIATRIC SURGERY AS CERTIFIED BARIATRIC SURGERY CENTERS OF EXCELLENCE COMPARED TO FACILITIES NOT CERTIFIED BY THE AMERICAN SOCIETY FOR BARIATRIC SURGERY.
Returned with concurrence.

Received as information.

S. 1419 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO RECOGNIZE THE FIFTIETH ANNIVERSARY OF THE FEDERAL INTERSTATE HIGHWAY SYSTEM AND THE VITAL IMPACT IT HAS ON OUR STATE, ECONOMY, SECURITY, AND THE QUALITY OF LIFE OF OUR CITIZENS.
Returned with concurrence.

Received as information.

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

The following House Bills were read the third time and ordered returned to the House with amendments:

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.

H. 4532 (Word version) -- Reps. Coates, McGee and Townsend: A BILL TO AMEND SECTION 56-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE WHOLESALER AND DEALER LICENSES, SO AS TO INCREASE THE AMOUNT OF THE SURETY BOND AN APPLICANT FOR LICENSURE AS A WHOLESALER OR A DEALER MUST PROVIDE TO THE DEPARTMENT OF MOTOR VEHICLES AND TO INCREASE THE AGGREGATE LIABILITY OF THE SURETY FOR CLAIMS ON EACH BOND AND THE AMOUNT OF THE ACTUAL LOSS INCURRED.

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

S. 1420 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

By prior motion of Senator HAYES

S. 1422 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND CHAPTER 49, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOUNTAIN RIDGE PROTECTION ACT OF 1984, SO AS TO APPLY TO ENVIRONMENTALLY SENSITIVE LAKES THE PROTECTIONS AFFORDED BY THIS ACT, WHICH INCLUDE LIMITING THE CONSTRUCTION OF BUILDINGS TO FORTY-TWO FEET, ON ENVIRONMENTALLY SENSITIVE LAKEFRONTS AND TO DEFINE "ENVIRONMENTALLY SENSITIVE LAKE" AS LAKE KEOWEE AND LAKE JOCASSEE.

Senator ALEXANDER explained the Bill.

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

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

On motion of Senator MALLOY, H. 4912 was ordered to receive a third reading on Friday, May 19, 2006.

H. 5049 (Word version) -- Reps. Bowers, R. Brown and Hodges: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD COLLETON COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD COLLETON COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

H. 4858 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3025, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4962 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OFFICE OF THE ATTORNEY GENERAL, RELATING TO SECURITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5085 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO BOILER SAFETY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3034, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1322 (Word version) -- Senator Thomas: A BILL TO PROVIDE THAT A COUNTY THAT POSTPONED IMPLEMENTATION OF A COUNTYWIDE ASSESSMENT AND EQUALIZATION PLAN, CONDUCTED IN 2004, MAY NOT IMPLEMENT THE VALUES UNTIL TAX YEAR 2007, UNLESS THE COUNTY COUNCIL ADOPTS AN ORDINANCE AFFIRMATIVELY IMPLEMENTING THE VALUES.

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

There was no objection.

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

Senator HAYES explained the Bill.

On motion of Senator HAYES, with unanimous consent, the Bill was read the second time.

H. 4446 (Word version) -- Reps. Kennedy, Jennings, Lucas, Hayes, Rhoad, Hodges, Miller and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A TEN-YEAR MORATORIUM ON STATE CORPORATE INCOME TAXES OR INSURANCE PREMIUM TAXES TO A TAXPAYER THAT MAKES AT LEAST NINETY PERCENT OF THE TAXPAYER'S TOTAL INVESTMENT IN THIS STATE AND CREATES JOBS IN THE MORATORIUM COUNTY OR TO ALLOW THE MORATORIUM WHEN THAT TAXPAYER CREATES AT LEAST ONE HUNDRED NEW JOBS AND INVESTS AT LEAST ONE HUNDRED FIFTY MILLION DOLLARS IN A MANUFACTURING FACILITY IN A SECOND COUNTY DESIGNATED AS DISTRESSED, LEAST DEVELOPED, OR UNDERDEVELOPED WITH THE NINETY PERCENT OVERALL LIMITATION APPLYING TO INVESTMENT IN ONE OR BOTH OF THESE COUNTIES, TO PROVIDE FOR A FIFTEEN-YEAR MORATORIUM, TO PROVIDE THAT A CHANGE IN BUSINESS FORM DURING THE MORATORIUM PERIOD DOES NOT AFFECT THE MORATORIUM, AND TO DEFINE "TAXPAYER" TO INCLUDE A GROUP OF AFFILIATED TAXPAYERS.

H. 4491 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.

Senator O'DELL explained the Bill.

S. 1427 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 4-11-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISSOLUTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW A DISTRICT TO BE DISSOLVED IF THE DISTRICT HAS OUTSTANDING INDEBTEDNESS PAYABLE FROM REVENUES DERIVED FROM THE PROVISION OF ONE OR MORE GOVERNMENTAL SERVICES AND TO PROVIDE FOR THE METHOD BY WHICH A DISTRICT WITH OUTSTANDING INDEBTEDNESS MAY BE DISSOLVED.

By prior motion of Senator MATTHEWS, with unanimous consent

H. 3789 (Word version) -- Reps. M.A. Pitts, Taylor and Duncan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO ELECTION OF LAURENS COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO SET THE ELECTIONS AT THE TIME OF THE GENERAL ELECTION AND TO PROVIDE THAT THE TERMS OF TRUSTEES WHOSE TERMS EXPIRE PRIOR TO THE ELECTION OF NEW TRUSTEES ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND TAKE OFFICE.

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

Senator VERDIN proposed the following amendment (3789R001.DBV), which was adopted:

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

/   SECTION   1.   Section 1(F) of Act 779 of 1988, as last amended by Act 146 of 2003, is further amended to read:

"(F)   An election to elect a school board trustee must be held on the first Tuesday in March 1997 at the time of the general election beginning in 2008, by the Laurens County Election Commission in Laurens County School District 55, Election Districts 2, 4, and 6 as described in this section. The trustees elected in each district shall take office on April 1, 1997 December 1, 2008, and shall serve a four-year term. After that election, successors must be elected for regular four-year terms at elections to be held on the second Tuesday in March at the general election of the appropriate year to take office on April December first."

SECTION   2.   Section 1(G) of Act 779 of 1988, as last amended by Act 146 of 2003, is further amended to read:

"(G)   An election to elect a school board trustee must be held on the first Tuesday in March 1999 at the time of the general election beginning in 2006, by the Laurens County Election Commission in Laurens County School District 55, Election Districts 1, 3, 5, and 7 as described in this section. The trustees elected in each district shall take office on April 1, 1999 December 1, 2006, and shall serve a four-year term. After that election, successors must be elected for regular four-year terms at elections to be held on the second Tuesday in March at the general election of the appropriate year to take office on April December first."

SECTION   3.   Section 2(F) of Act 779 of 1988, as amended by Act 146 of 2003, is further amended to read:

"(F)   An election to elect a school board trustee must be held on the first Tuesday in March 1989 at the time of the general election beginning in 2008, by the Laurens County Election Commission in Laurens County School District 56, Election Districts 5, 6, and 7 as described in this section. The trustees elected in each district shall take office on April 1, 1989 December 1, 2008. Thereafter, successors must be elected for regular four-year terms at elections to be held on the second Tuesday in March at the general election of the appropriate year to take office on April December first."

SECTION   4.   Section 2(G) of Act 779 of 1988, as amended by Act 146 of 2003, is further amended to read:

"(G)   The members of the Board of Trustees of School District 56 of Laurens County, Election Districts 1, 2, 3, and 4 elected March 1, 1988, shall continue to serve until their successors are elected and qualify on the second Tuesday in March 1991 at the time of the general election beginning in 2006. Their successors must be elected for regular four-year terms at elections to be held on the second Tuesday in March at the general election of the appropriate year to take office on April December first."

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

Renumber sections to conform.

Amend title to conform.

Senator VERDIN 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 VERDIN, H. 3789 was ordered to receive a third reading on Friday, May 19, 2006.

H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 9 TO CHAPTER 49, TITLE 33 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 19 TO CHAPTER 27, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; AND BY ADDING ARTICLE 5 TO CHAPTER 31, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY.

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

Senators MOORE and McCONNELL proposed the following amendment (JUD4404.004), which was adopted:

Amend the committee amendment bearing Doc. No. JUD4404.003, page 3, by striking Section 5-31-2520(B)(2) and inserting:

/   (2)   arrangements for a payment arrangement plan to enable a residential customer, that has a satisfactory payment history as determined by the municipality, to pay by installments where the customer is unable to pay the full amount due for electric service;/

Amend the committee amendment bearing Doc. No. JUD4404.003, page 3, by striking Section 5-31-2530 and inserting:

/   Section 5-31-2530.   Each municipality furnishing electricity or natural gas to its citizens must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the electric or natural gas service is scheduled for termination.   /

Amend the committee amendment bearing Doc. No. JUD4404.003, page 4, by striking Section 6-11-2520(B)(2) and inserting:

/   (2)   arrangements for a payment arrangement plan to enable a residential customer, that has a satisfactory payment history as determined by the special purpose or public service district, to pay by installments where the customer is unable to pay the full amount due for electric service;     /

Amend the committee amendment bearing Doc. No. JUD4404.003, page 7, by striking Section 58-5-1120(B)(2) and inserting:

/   (2)   arrangements for a payment arrangement plan to enable a residential customer, that has a satisfactory payment history as determined by the public utility, to pay by installments where the customer is unable to pay the full amount due for electric service;/

Amend the committee amendment bearing Doc. No. JUD4404.003, page 9, by striking Section 58-27-2520(B)(2) and inserting:

/   (2)   arrangements for a payment arrangement plan to enable a residential customer, that has a satisfactory payment history as determined by the public utility, to pay by installments where the customer is unable to pay the full amount due for electric service;/

Amend the committee amendment bearing Doc. No. JUD4404.003, page 11, by striking Section 58-31-520(B)(2) and inserting:

/   (2)   arrangements for a payment arrangement plan to enable a residential customer, that has a satisfactory payment history as determined by the Public Service Authority, to pay by installments where the customer is unable to pay the full amount due for electric service;     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD4404.003), which was adopted:

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

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5, SO AS TO REQUIRE MUNICIPALITIES FURNISHING ELECTRICITY OR NATURAL GAS TO THEIR CITIZENS TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 17 TO CHAPTER 11, TITLE 6, SO AS TO REQUIRE SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 17 TO CHAPTER 49, TITLE 33 SO AS TO REQUIRE ELECTRIC COOPERATIVES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 11 TO CHAPTER 5, TITLE 58, SO AS TO REQUIRE NATURAL GAS UTILITIES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; BY ADDING ARTICLE 21 TO CHAPTER 27, TITLE 58, SO AS TO REQUIRE ELECTRICAL UTILITIES TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS; AND BY ADDING ARTICLE 5 TO CHAPTER 31, TITLE 58, SO AS TO REQUIRE THE PUBLIC SERVICE AUTHORITY TO ESTABLISH WRITTEN PROCEDURES FOR TERMINATION OF SERVICE DUE TO NONPAYMENT AND TO CONSIDER ESTABLISHING AND MAINTAINING THIRD-PARTY NOTIFICATION PROGRAMS.

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

SECTION   1.   Chapter 31, Title 5 of the 1976 Code is amended by adding:

Section 5-31-2510.   For purposes of this article:

(1)   'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.

(2)   'Special needs account customer' means the account of a residential customer where the customer can furnish to the municipality furnishing electricity or natural gas to its citizens a certificate on a form provided by the municipality and signed by a licensed health care provider that states that termination of electric or gas service would be dangerous to the health of the customer or a member of his household at the premises to which electric or natural gas service is rendered.

Section 5-31-2520.   (A)   Each municipality furnishing electricity or natural gas to its citizens must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each municipality must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.

(B)   The procedures for termination must include the following:

(1)   notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;

(2)   arrangements for a payment arrangement plan to enable a residential customer to pay by installments where the customer is unable to pay the full amount due for electric or natural gas service;

(3)   a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;

(4)   a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and

(5)   the standards for determining weather conditions marked by extremely cold or hot temperatures.

Section 5-31-2530.   Each municipality furnishing electricity or natural gas to its citizens must consider establishing and maintaining a third-party notification program to allow a residential customer of a public utility to designate a third party to be notified if the electric or natural gas service is scheduled for termination.

Section 5-31-2540.   Notwithstanding another provision of this article, a municipality furnishing electricity or natural gas to its citizens may disconnect a customer when it is determined that a public safety emergency exists.

Section 5-31-2550.   This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."

SECTION   2.   Chapter 11, Title 6 of the 1976 Code is amended by adding:

Section 6-11-2510.   For purposes of this article:

(1)   'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.

(2)   'Special needs account customer' means the account of a residential customer where the customer can furnish to the special purpose or public service district furnishing electricity or natural gas to residents of this State a certificate on a form provided by the special purpose or public service district and signed by a licensed health care provider that states that termination of electric or gas service would be dangerous to the health of the customer or a member of his household at the premises to which electric or natural gas service is rendered.

Section 6-11-2520.   (A)   Each special purpose or public service district furnishing electricity or natural gas to residents of this State must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each special purpose or public service district must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.

(B)   The procedures for termination must include the following:

(1)   notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;

(2)   arrangements for a payment arrangement plan to enable a residential customer to pay by installments where the customer is unable to pay the full amount due for electric or natural gas service;

(3)   a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;

(4)   a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and

(5)   the standards for determining weather conditions marked by extremely cold or hot temperatures.

Section 6-11-2530.   Each special purpose or public service district furnishing electricity or natural gas to residents of this State must consider establishing and maintaining a third-party notification program to allow a residential customer of a special purpose or public service district to designate a third party to be notified if the electric or natural gas service is scheduled for termination.

Section 6-11-2540.   Notwithstanding another provision of this article, a special purpose or public service district furnishing electricity or natural gas to residents of this State may disconnect a customer when it is determined that a public safety emergency exists.

Section 6-11-2550.   This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."

SECTION   3.   Chapter 49, Title 33 of the 1976 Code is amended by adding:

Section 33-49-1410.   For purposes of this article:

(1)   'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.

(2)   'Special needs account member' means the account of a residential member where the member can furnish to the electric cooperative a certificate on a form provided by the electric cooperative and signed by a licensed health care provider that states that termination of electric service would be dangerous to the health of the member or a person residing in the member's household at the premises to which electric service is rendered.

Section 33-49-1420.   (A)   Each electric cooperative must establish written procedures for termination of service due to nonpayment for a special needs account member at any time and for all residential members during weather conditions marked by extremely cold or hot temperatures. Each electric cooperative must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.

(B)   The procedures for termination must include the following:

(1)   notification procedures so that the member is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;

(2)   arrangements for a payment arrangement plan to enable a residential member that has a satisfactory payment history as determined by the electric cooperative, to pay by installments where the member is unable to pay the full amount due for electric service;

(3)   a procedure to advise members who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;

(4)   a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and

(5)   the standards for determining weather conditions marked by extremely cold or hot temperatures.

Section 33-49-1430.   Each electric cooperative must consider establishing and maintaining a third-party notification program to allow a residential member to designate a third party to be notified if the electric service is scheduled for termination.

Section 33-49-1440.   Notwithstanding another provision of this article, an electric cooperative may disconnect a member when it is determined that a public safety emergency exists.

Section 33-49-1450.   This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."

SECTION   4.   Chapter 5, Title 58 of the 1976 Code is amended by adding:

Section 58-5-1110.     For purposes of this article:

(1)   'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.

(2)   'Special needs account customer' means the account of a residential customer where the customer can furnish to the utility a certificate on a form provided by the utility and signed by a licensed health care provider that states that termination of natural gas service would be dangerous to the health of the customer or a member of his household at the premises to which natural gas service is rendered.

Section 58-5-1120.   (A)   Each public utility furnishing natural gas to residential customers must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each public utility furnishing natural gas to residential customers must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.

(B)   The procedures for termination must include the following:

(1)   notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;

(2)   arrangements for a payment arrangement plan to enable a residential customer to pay by installments where the customer is unable to pay the full amount due for natural gas service;

(3)   a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;

(4)   a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and

(5)   the standards for determining weather conditions marked by extremely cold or hot temperatures.

Section 58-5-1130.   Each public utility furnishing natural gas must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the natural gas service is scheduled for termination.

Section 58-5-1140.   Notwithstanding another provision of this article, a public utility furnishing natural gas may disconnect a customer when it is determined that a public safety emergency exists.

Section 58-5-1150.   Nothing in the article prohibits the commission from promulgating detailed regulations governing termination of service by a public utility furnishing natural gas so long as the regulations include the termination and third-party notification protections provided by this article.

Section 58-5-1160.   This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."

SECTION   5.   Chapter 27, Title 58 of the 1976 Code is amended by adding:

Section 58-27-2510.   For purposes of this article:

(1)   'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.

(2)   'Special needs account customer' means the account of a residential customer where the customer can furnish to the utility a certificate on a form provided by the utility and signed by a licensed health care provider that states that termination of electric service would be dangerous to the health of the customer or a member of his household at the premises to which electric service is rendered.

Section 58-27-2520.   (A)   Each electrical utility must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each electrical utility must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.

(B)   The procedures for termination must include the following:

(1)   notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;

(2)   arrangements for a payment arrangement plan to enable a residential customer to pay by installments where the customer is unable to pay the full amount due for electric service;

(3)   a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;

(4)   a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and

(5)   the standards for determining weather conditions marked by extremely cold or hot temperatures.

Section 58-27-2530.   An electrical utility must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the electric service is scheduled for termination.

Section 58-27-2540.   Notwithstanding another provision of this article, an electrical utility may disconnect a customer when it is determined that a public safety emergency exists.

Section 58-27-2550.   Nothing in the article prohibits the commission from promulgating detailed regulations governing termination of service by an electrical utility so long as the regulations include the termination and third-party notification protections provided by this article.

Section 58-27-2560.   This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."

SECTION   6.   Chapter 31, Title 58 of the 1976 Code is amended by adding:

Section 58-31-510.     For purposes of this article:

(1)   'Licensed health care provider' means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.

(2)   'Special needs account customer' means the account of a residential customer where the customer can furnish to the Public Service Authority a certificate on a form provided by the Public Service Authority and signed by a licensed health care provider that states that termination of electric service would be dangerous to the health of the customer or a member of his household at the premises to which electric service is rendered.

Section 58-31-520.   (A)   The Public Service Authority must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. The Public Service Authority must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.

(B)   The procedures for termination must include the following:

(1)   notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;

(2)   arrangements for a payment arrangement plan to enable a residential customer to pay by installments where the customer is unable to pay the full amount due for electric or natural gas service;

(3)   a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;

(4)   a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and

(5)   the standards for determining weather conditions marked by extremely cold or hot temperatures.

Section 58-31-530.   The Public Service Authority must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the electric service is scheduled for termination.

Section 58-31-540.   Notwithstanding another provision of this article, the Public Service Authority may disconnect a customer when it is determined that a public safety emergency exists.

Section 58-31-550.   This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article."

SECTION   7.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   8.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted, as amended.

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

H. 4316 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Harrison, Altman, G.R. Smith, Cotty, Whipper, Taylor, Kirsh, M.A. Pitts, Coates, G.M. Smith, Moody-Lawrence, Toole, Brady, Littlejohn, Sandifer, Mahaffey, McLeod, Funderburk, R. Brown, Haley, Owens, Simrill, Neilson and Bales: A BILL TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED.

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

The Committee on Judiciary proposed the following amendment (JUD4316.002), which was adopted:

Amend the bill, as and if amended, page 3, by striking lines 42-43, and on page 4, by striking lines 1-26, and inserting:

/   (F)   A price increase that reflects the usual and customary seasonal fluctuation in the price of the subject essential commodity or the rental or lease of a dwelling unit or self-storage facility is not a violation of this section.

(E)(G)   This section does not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of those products to the ultimate consumer within the area of the declared state of emergency or disaster.

(F)(H)   This section does not preempt the powers of local government, except that the evidentiary standards contained in this section are the sole evidentiary standards to be adopted by ordinance of a local government to restrict price gouging during a declared state of emergency or disaster. In the event a local government declares a state of emergency or disaster or experiences an abnormal disruption of the market in which the disaster area includes all or a portion of the area under the local government's jurisdiction, and restricts price gouging during that emergency or disaster time, the governmental entity must notify the Governor's Office of such the declaration. The Governor's Office must notify registered agents simultaneously at the time of the declaration and also at the termination of the state of emergency its expiration or termination.

(G)(I)   In addition to all other remedies provided in this article, a person who wilfully and knowingly violates this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or imprisoned not more than thirty days, or both.

(H)(J)   Any A person who is charged with committing an action in violation of this section may present evidence relating to, but not limited to, his knowledge or intent when committing such the action in order to rebut any presumption or evidence of violation of this section."/

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

H. 4312 (Word version) -- Reps. Merrill, Bailey, Altman, Coates, Brady, Mahaffey, Funderburk, Ballentine, J.E. Smith and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3377 SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE NEW QUALIFIED HYBRID MOTOR VEHICLE CREDIT ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY.

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

The Committee on Finance proposed the following amendment (4312R003.WHO), which was adopted:

Amend the bill, as and if amended, Page 1, by striking line 28 and inserting:

/   vehicle credit, the new qualified hybrid motor vehicle credit based on the combined city/highway metric or standard set by federal Internal Revenue Code Section 30B, the new qualified hybrid motor vehicle credit, and     /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

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

H. 4800 (Word version) -- Reps. Bannister, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N. Smith, G.R. Smith, Taylor, Tripp, Vaughn, Skelton, Duncan, Mitchell, Moody-Lawrence, Haley, E.H. Pitts, Martin, Huggins, Anderson, Anthony, Bailey, Ballentine, Battle, Cooper, Hardwick, Harrell, Harrison, Hiott, Limehouse, Mahaffey, Norman, Owens, Perry, Sandifer, Scarborough, Sinclair, W.D. Smith, Stewart, Young and Thompson: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.

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

The Committee on Finance proposed the following amendment (4800R001.WHO), which was adopted:

Amend the bill, as and if amended, page 3, by striking line 41 and inserting:

/   passes through to its members."

C.     Item (1) of Section 12-6-3410(J), as last amended by Act 89 of 2001, is further amended to read:

"(1)   'Corporate headquarters' means the facility or portion of a facility where corporate staff employees are physically employed, and where the majority of the company's financial, personnel, legal, planning, information technology, or other headquarters-related functions are handled either on a regional or national basis. A corporate headquarters must be a regional corporate headquarters or a national corporate headquarters as defined below; provided, however, for taxpayers which are subject to tax under Chapter 11 of Title 12, a corporate headquarters must be a regional corporate headquarters:

(a)   National corporate headquarters must be the sole corporate headquarters in the nation and handle headquarters-related functions on a national basis. A national headquarters shall be deemed to handle headquarters-related functions on a national basis from this State if the corporation has a facility in this State from which the corporation engages in interstate commerce by providing goods or services for customers outside of this State in return for compensation.

(b)   Regional corporate headquarters must be the sole corporate headquarters within the region and must handle headquarters-related functions on a regional basis. For purposes of this section, 'region' or 'regional' means a geographic area comprised of either:

(i)   at least five states, including this State, or

(ii)   two or more states, including this State, if the entire business operations of the corporation are performed within fewer than five states; provided, however, that with respect to taxpayers which are subject to tax under Chapter 11 of Title 12, the requirement that 'the entire business operations of the corporation are performed within fewer than five states', is replaced with 'if all branches of the taxpayer, as defined below, are physically located in fewer than five states'. For taxpayers which are subject to tax under Chapter 11 of Title 12, such taxpayer must have two or more branches, as that term is defined in Section 34-25-10(8), in each state within its region."       /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

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

Senator THOMAS asked unanimous consent to make a motion that the Bill receive a third reading on Friday, May 19, 2006.

Senator HUTTO objected.

H. 4840 (Word version) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J.R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M.A. Pitts, Rivers, D.C. Smith, G.R. Smith, Vaughn, Mitchell, White, Brady and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.

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

The Committee on Finance proposed the following amendment (4840R002.WHO), which was adopted:

Amend the bill, as and if amended, page 4, by striking lines 8 through 36 and inserting:

/   SECTION   3.   A.   Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3585.   (A)   A taxpayer may claim as a credit against his state income tax imposed by Chapter 6 of Title 12, license fees imposed by Chapter 20 of Title 12, or insurance premiums imposed by Chapter 7 of Title 38, or any combination of them, one hundred percent of an amount contributed to the Industry Partnership Fund at the South Carolina Research Authority, or an SCRA-designated affiliate, or both, pursuant to Section 13-17-88(E), up to a maximum credit of six hundred fifty thousand dollars for an individual taxpayer, not to exceed an aggregate credit of two million dollars for all taxpayers in tax year 2006; up to a maximum credit of one million three hundred thousand dollars for an individual taxpayer, not to exceed an aggregate credit of four million dollars for all taxpayers in tax year 2007; and up to a maximum credit of two million dollars for an individual taxpayer, not to exceed an aggregate credit of six million dollars for all taxpayers for each tax year beginning after December 31, 2007. For purposes of determining a taxpayer's entitlement to the credit for qualified contributions for a given tax year in which more than the applicable aggregate annual limit on the credit is contributed by taxpayers for that year, taxpayers who have made contributions that are intended to be qualified contributions earlier in the applicable tax year than other taxpayers must be given priority entitlement to the credit. The SCRA shall certify to taxpayers who express a bona fide intention of making one or more qualified contributions as to whether the taxpayer is entitled to that priority.     /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

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

H. 4982 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO INCLUDE IN THE EXCEPTIONS TO THE OFFENSE RESERVE POLICE OFFICERS OF A STATE AGENCY; AND TO AMEND SECTION 23-28-30, AS AMENDED, RELATING TO TRAINING COURSE REQUIREMENTS FOR RESERVE UNITS, SO AS TO PROVIDE THAT ADDITIONAL TRAINING MAY BE PRESCRIBED BY THE ENTITY HAVING A RESERVE UNIT UNDER CERTAIN CIRCUMSTANCES.

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

Senator SHEHEEN proposed the following amendment (JUD4982.001), which was adopted:

Amend the bill, as and if amended, before SECTION 3, by adding an appropriately numbered new SECTION to read:

/   SECTION   __.   Section 16-23-30(A)(4) of the 1976 Code is amended to read:

"(4)   a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a handgun firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication."     /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

The amendment was adopted.

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

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

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

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (H-4595 AMENDMENT), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 15-17 and inserting:

/   residential builders who are purchasing heating and air conditioning equipment to be installed on their construction project./

Amend further, page 3, by striking lines 1-7 and inserting:

/   (G) In addition to any other penalties provided for in this chapter, a person who violates a provision of this section

is subject to provisions of Section 40-59-210(B)."   /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the committee amendment.

The committee amendment was adopted.

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

Senator KNOTTS asked unanimous consent to make a motion to give the Bill a third reading on Friday, May 19, 2006.

Senator HUTTO objected.

H. 4657 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS, TO DEFINE GENERAL OBLIGATION BOND DEBT SERVICE FOR BONDS ISSUED TO PAY FOR CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY OR BONDS ISSUED TO REFUND SUCH BONDS PREVIOUSLY ISSUED, AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM ON THE QUESTION OF IMPOSING THIS TAX.

On motion of Senator MALLOY, the Bill was committed to the local delegation.

H. 4307 (Word version) -- Rep. Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2645, SO AS TO INCORPORATE BY REFERENCE FOR PROPERTY TAX PURPOSES THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE USED IN THE MOTOR VEHICLE LICENSING AND REGISTRATION LAW, INCREASE THE WEIGHT LIMIT FOR PICKUP TRUCKS FOR PURPOSES OF THIS DEFINITION, AND INCLUDE MOTORCYCLES WITHIN THIS INCORPORATED DEFINITION.

Senator RICHARDSON explained the Bill.

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

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

Senator RYBERG moved that it be the Sense of the Senate that the Senate's conferees on the Budget Conference Committee to H. 4810 (the General Appropriation Bill) be requested to return the $180 million realized by the BEA yesterday to the taxpayers of South Carolina through either property tax relief or a suspension of the tax on gasoline.

Senator MARTIN spoke on the motion.

Senator MARTIN raised a Point of Order that the motion was out of order inasmuch as it was violative of Rule 33A.

The PRESIDENT overruled the Point of Order.

Senator RYBERG spoke on the motion.

Senator MARTIN moved to extend the thirty-minute time restriction provision contained in Rule 33 for the Motion Period.

There was no objection and the Motion Period was extended.

At 12:43 P.M., Senator McCONNELL assumed the Chair.

Senator LEVENTIS argued contra to the motion.

With Senator LEVENTIS retaining the floor, Senator PEELER asked unanimous consent to make a motion to carry over the motion until Tuesday, May 23, 2006, to be taken up for consideration during the Motion Period.

Senator MALLOY made a Parliamentary Inquiry as to whether or not the motion to extend the thirty-minute time restriction would apply to the Motion Period on Tuesday.

The PRESIDENT Pro Tempore stated that under the provisions of Rule 33A, the Motion Period was limited to thirty minutes unless otherwise provided by the Senate.

The Sense of the Senate motion was carried over.

S. 1030 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 1 TO TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA PRIVATE PROPERTY RIGHTS PROTECTION ACT; TO AMEND SECTIONS 28-2-60, AND 28-2-210, RELATING TO EMINENT DOMAIN BY SUBSTITUTING "PUBLIC USE" FOR "PUBLIC PURPOSE"; TO AMEND SECTION 28-11-30, RELATING TO ACQUISITIONS OF REAL PROPERTY BY STATES AND POLITICAL SUBDIVISIONS, SO AS TO SUBSTITUTE "PUBLIC BODY" FOR "ENTITY"; TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO A COUNTY'S POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO REQUIRE A COUNTY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING THE USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY; AND TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S POWER OF EMINENT DOMAIN, SO AS TO REQUIRE A MUNICIPALITY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY.

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

The Bill was made a Special Order.

H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G.R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G.M. Smith, Lucas, M.A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.

Senator MARTIN moved to recall the Bill from the Committee on Judiciary.

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

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 18, 2006, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R295, S. 205 (Word version)) -- Senator Courson: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ADD THE MARINE CORPS LEAGUE TO THE LIST OF VETERANS ORGANIZATIONS EXEMPT FROM THE AD VALOREM TAX.
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(R296, S. 489 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND, A RESIDENTIAL GROUP FACILITY MEETING CERTAIN REQUIREMENTS, A FEDERALLY QUALIFIED HEALTH CENTER, COUNTY FIRST STEPS PARTNERSHIP, AND PALMETTO PRIDE.
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(R297, S. 558 (Word version)) -- Senators Knotts, Cromer and Setzler: AN ACT TO AMEND SECTION 6-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND APPOINTMENT OF BOARD OF DIRECTORS OF A RURAL COMMUNITY WATER DISTRICT SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER AND METHOD OF BOARD APPOINTMENTS FOR DISTRICTS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.
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(R298, S. 772 (Word version)) -- Senator Mescher: AN ACT TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTORCYCLE FOOTRESTS, HANDLEBARS, AND REAR VIEW MIRRORS, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE SIZE AND POSITION OF A MOTORCYCLE'S HANDLEBARS.
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(R299, S. 836 (Word version)) -- Senator Moore: AN ACT TO AMEND JOINT RESOLUTION 210 OF 1987, RELATING TO THE PURCHASE OF NOTES OF THE CLARK'S-HILL RUSSELL AUTHORITY BY THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND THE INTEREST RATE ON THESE NOTES, SO AS TO CORRECT THE NAME OF THE AUTHORITY TO THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT AND TO PROVIDE THAT THE INTEREST RATE MUST BE DETERMINED PERIODICALLY BY THE STATE TREASURER, RATHER THAN SET AT A RATE OF EIGHT PERCENT PER YEAR.
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(R300, S. 862 (Word version)) -- Senators Cleary, Ford, Hutto, Knotts, Malloy, Cromer, Drummond, Setzler, Land, Short, Scott, Bryant, Anderson, Elliott and Williams: AN ACT TO AMEND SECTION 15-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO PROVIDE THAT THE EXEMPTION GRANTED TO A DEBTOR'S INTEREST IN PROPERTY USED AS A DEBTOR'S RESIDENCE DOES NOT EXCEED FIFTY THOUSAND DOLLARS, TO PROVIDE THAT THE EXCEPTION FOR THE AGGREGATE VALUE OF MULTIPLE HOMESTEAD EXEMPTIONS NOT EXCEED ONE HUNDRED THOUSAND DOLLARS, AND TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE DOLLAR AMOUNTS SHALL BE ADJUSTED ANNUALLY TO REFLECT THE CHANGE IN THE CONSUMER PRICE INDEX.
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(R301, S. 1116 (Word version)) -- Senators McConnell, Lourie, Ford, Cleary, Knotts, Sheheen, Alexander and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE VULNERABLE ADULTS INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO RECEIVE AND COORDINATE REFERRALS OF REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "FACILITY" TO INCLUDE RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, AND TO REVISE THE DEFINITION OF "INVESTIGATIVE ENTITY" TO CLARIFY THAT THESE INVESTIGATIVE ENTITIES ARE PROGRAMS WITHIN THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 43-35-15, RELATING TO THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO PROVIDE THAT THE VULNERABLE ADULTS INVESTIGATIONS UNIT SHALL RECEIVE AND COORDINATE REFERRALS OF REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, TO PROVIDE THAT THE UNIT SHALL INVESTIGATE, OR REFER TO LAW ENFORCEMENT, THOSE REPORTS HAVING REASONABLE SUSPICION OF CRIMINAL CONDUCT, TO CLARIFY THAT THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM AT THE DEPARTMENT OF SOCIAL SERVICES SHALL INVESTIGATE NONCRIMINAL REPORTS, AND TO FURTHER PROVIDE FOR THE INVESTIGATION OF THESE INCIDENTS; TO AMEND SECTION 43-35-20, RELATING TO ADDITIONAL POWERS OF INVESTIGATIVE ENTITIES, SO AS TO PROVIDE THAT THESE ENTITIES SHALL HAVE ACCESS TO FACILITIES AS PERMITTED BY LAW; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO FURTHER CLARIFY THESE REPORTING RESPONSIBILITIES AND TO WHOM REPORTS MUST BE MADE; TO AMEND SECTION 43-35-35, RELATING TO REPORTING VULNERABLE ADULT DEATHS BELIEVED TO HAVE RESULTED FROM ABUSE OR NEGLECT, SO AS TO PROVIDE THAT ALL DEATHS OF A VULNERABLE ADULT IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST BE REPORTED TO THE VULNERABLE ADULTS INVESTIGATIONS UNIT; TO AMEND SECTION 43-35-40, RELATING TO INVESTIGATIVE ENTITIES REVIEWING REPORTS TO MAKE REFERRALS TO LAW ENFORCEMENT SO AS TO REQUIRE THESE ENTITIES TO REPORT CASES WITH REASONABLE SUSPICION OF CRIMINAL CONDUCT TO THE VULNERABLE ADULTS INVESTIGATIONS UNIT; TO AMEND SECTION 43-35-65, RELATING TO NOTICES REQUIRED TO BE PLACED IN FACILITIES CONCERNING DUTIES OF FACILITY PERSONNEL, SO AS TO REQUIRE THESE NOTICES TO CONTAIN FACILITY CONTACT INFORMATION; TO AMEND SECTION 43-35-80, RELATING TO ACTIONS OF THE ATTORNEY GENERAL AGAINST A PERSON OR FACILITY FOR FAILING TO EXERCISE REASONABLE CARE IN OPERATING A FACILITY FOR VULNERABLE ADULTS, SO AS TO PROVIDE THAT REFERRALS FOR SUCH ACTIONS ALSO MAY BE MADE BY THE VULNERABLE ADULTS INVESTIGATIONS UNIT; TO ADD ARTICLE 5 TO CHAPTER 35, TITLE 43 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE VULNERABLE ADULTS INVESTIGATIONS UNIT IN THE INVESTIGATION OF VULNERABLE ADULT FATALITIES AND TO ESTABLISH THE VULNERABLE ADULT FATALITIES REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ADD SECTION 17-5-555 SO AS TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REPORT THE DEATH OF A VULNERABLE ADULT TO THE VULNERABLE ADULTS INVESTIGATIONS UNIT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-7-2910, AS AMENDED, RELATING TO CRIMINAL RECORDS CHECKS FOR DIRECT CAREGIVERS, SO AS TO REQUIRE THESE RECORDS CHECKS ON DIRECT CAREGIVERS IN RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH OR THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.
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(R302, S. 1133 (Word version)) -- Senators Alexander, Bryant, Martin, Malloy, Mescher, Lourie, Gregory and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3870 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A MOTOR VEHICLE TO BE EQUIPPED WITH OR FOR THE OPERATOR OF A MOTOR VEHICLE TO EMPLOY ANY DEVICE THAT IS DESIGNED FOR JAMMING, SCRAMBLING, NEUTRALIZING, DISABLING, OR INTERFERING WITH RADAR, LASER, OR ANY OTHER ELECTRONIC DEVICE USED BY A LAW ENFORCEMENT AGENCY TO MEASURE THE SPEED OF A MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
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(R303, S. 1163 (Word version)) -- Senators Sheheen, Reese, Hutto and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.
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(R304, S. 1175 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY", TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY; 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; BY ADDING SECTION 12-6-3367 SO AS TO ALLOW A SMALL BUSINESS AN ALTERNATE METHOD FOR CLAIMING THE TARGETED JOBS TAX CREDIT; AND TO AMEND ACT 157 OF 2005, RELATING TO MISCELLANEOUS REVENUE AND FINANCING MEASURES, SO AS TO MAKE PERMANENT THE PROVISION OF THE TARGETED JOBS TAX CREDIT FOR SMALL BUSINESSES.
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(R305, S. 1238 (Word version)) -- Senators McConnell, Moore, Rankin, Drummond, Land, Setzler, Leatherman, Peeler, Matthews, McGill, O'Dell, Elliott, Martin, Mescher, Ryberg, Short, Alexander, Grooms, Richardson, Verdin, Cromer, Bryant, Ford and Scott: AN ACT TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO JOINTLY OWN A NUCLEAR POWER STATION AND RELATED TRANSMISSION FACILITIES WITH THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY ON A SITE AT OR NEAR PARR SHOALS IN FAIRFIELD COUNTY, SO AS TO CONFIRM THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY OWNED BY THE PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.
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(R306, S. 1283 (Word version)) -- Senators Leatherman and Peeler: AN ACT TO AMEND SECTION 12-6-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE REDUCED STATE MARGINAL INDIVIDUAL INCOME TAX RATE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO MAKE THIS APPLICATION OPTIONAL AT THE ANNUAL ELECTION OF THE TAXPAYER, TO REVISE DEFINITIONS FOR THIS APPLICATION, TO REVISE THE METHOD OF DEDUCTING ACTIVE TRADE OR BUSINESS LOSS WHEN SUCH LOSS EXCEEDS ACTIVE TRADE OR BUSINESS INCOME; TO PROVIDE A "SAFE HARBOR" AMOUNT IN DETERMINING THE NONPERSONAL SERVICE PORTION OF ACTIVE TRADE OR BUSINESS INCOME OF A TAXPAYER IN ONE OR MORE PASS-THROUGH BUSINESSES WITH TOTAL GROSS INCOME OF LESS THAN ONE MILLION DOLLARS AND TAXABLE INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS, AND TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROVIDE OTHER METHODS OF DETERMINING INCOME DEEMED UNRELATED TO PERSONAL SERVICES.
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(R307, S. 1365 (Word version)) -- Senator Ryberg: AN ACT TO AMEND CHAPTER 5, TITLE 57 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REENACTING SECTION 57-5-1625, NUNC PRO TUNC, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, AND TO PROVIDE FOR CONTRACT SELECTION CRITERIA.
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(R308, S. 1370 (Word version)) -- Senator Drummond: AN ACT TO AMEND ACT 145 OF 2001, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF NINETY SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, SO AS TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.
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(R309, H. 3414 (Word version)) -- Rep. Talley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-275 SO AS TO PROVIDE A PROCEDURE FOR A PARTY OPPOSING AN ELECTION PROTEST THAT PREVAILS AT THE STATE BOARD; BY ADDING SECTION 7-25-220 SO AS TO PROVIDE THAT A POLL WORKER IS IMMUNE FROM CERTAIN ACTIONS WHILE CONDUCTING AN ELECTION; TO AMEND SECTION 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN THE PROCESS OF EXAMINING THE RETURN-ADDRESSED ENVELOPES FOR ABSENTEE BALLOTS AT 9:00 A.M. INSTEAD OF 2:00 P.M.; THAT BEGINNING AT 9:00 A.M. ON ELECTION DAY, THE ABSENTEE BALLOTS MAY BE TABULATED; AND THAT RESULTS OF THE TABULATION MUST NOT BE PUBLICLY REPORTED UNTIL AFTER THE POLLS ARE CLOSED; AND TO AMEND SECTION 7-17-260, AS AMENDED, RELATING TO CASES DECIDED BY THE STATE BOARD, SO AS TO PROVIDE THAT A PROTEST OR CONTESTED CASE HEARD BY THE STATE BOARD MUST BE CONSIDERED AN ADMINISTRATIVE ACTION.
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(R310, H. 3841 (Word version)) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W.D. Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: AN ACT TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES, AND TO PROVIDE FOR THE DURATION OF THIS CHAPTER AND ITS APPLICABILITY TO REHABILITATION EXPENSES.
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(R311, 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: AN ACT 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"; 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.
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(R312, H. 4195 (Word version)) -- Rep. Perry: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.
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(R313, H. 4324 (Word version)) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES; AND BY ADDING ARTICLE 98 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE BREAST CANCER AWARENESS SPECIAL LICENSE PLATES.
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(R314, 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: AN ACT 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.
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(R315, H. 4572 (Word version)) -- Reps. Witherspoon, Frye, Rhoad and Loftis: AN ACT TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360, ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.
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(R316, H. 4581 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSE LICENSURE COMPACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3035, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R317, H. 4938 (Word version)) -- Reps. Cooper, Walker, Harrell, Cato, Townsend, White, Coates and J.E. Smith: AN ACT 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 FURTHER PROVIDE FOR EXCEPTIONS TO LIABILITY IN REGARD TO THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD; 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 STATE ACCIDENT FUND.
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(R318, H. 4951 (Word version)) -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.
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(R319, 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.
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(R320, H. 5088 (Word version)) -- Reps. Sandifer, Whitmire and Martin: AN ACT 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.
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HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

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

The House returned the Resolution with amendments.

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

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

Reappointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2002, and to expire October 21, 2006

Barnwell County:

Chester L. Moody, 283 Halford Street, Williston, S.C. 29853

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

Reappointment, Beaufort County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Mark Fitzgibbons, 2807 Broome Lane, Beaufort, S.C. 29902

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

Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

James R. Harwell, 5001 Rankin Plantation Road, Florence, S.C. 29506

Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Sandra M. Grimsley, 402 Charles Street, Lake City, S.C. 29560

Reappointment, Florence County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Kimberly B. Cox, P. O. Box 367, Pamplico, S.C. 29583

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

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Vilvin W. Garrison, 551 Waterbrook Drive, Greenville, S.C. 29607

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Letonya T. Simmons, 3725 Grandview Drive, Suite 5, Simpsonville, S.C. 29680

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Darrell S. Fisher, 303 West Gap Creek Rd., Greer, S.C. 29651

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Harold L. Grimsley, 6247 White Horse Road, Greenville, S.C. 29611-3845

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Diane D. Cagle, 6247 White Horse Road, Greenville, S.C. 29611-3845

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Shirley B. Keaton, 112 West Oak Hill Road, Belton, S.C. 29627-9239

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Michael D. Stokes, 6 Bailey Mill Road, Travelers Rest, S.C. 29690

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Leila Foster, 12 Howe Street, Greenville, S.C. 29601-3520

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Horace Butler, Jr., 12 Dean Street, Greenville, S.C. 29605

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Thomas E. Taylor, 8150 Augusta Rd., Greenville, S.C. 29673

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Charles Ralph Garrett, 270 Pilot Road, Greenville, S.C. 29609

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

James E. Hudson, 6 Highview Drive, Greenville, S.C. 29609

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Sara G. Davis, 162 South Baldwin Road, Simpsonville, S.C. 29680

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Dean Eugene Ford, 402 Foxhound Road, Simpsonville, S.C. 29681

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Matthew B. Hubbard, 14 Design Lane, Traveler's Rest, S.C. 29690

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Jesse A. McCall, Jr., 151 North Forest Circle, Marietta, S.C. 29661

Reappointment, Greenville County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Mark C. Edmonds, 131 Montis Drive, Greenville, S.C. 29617

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

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Joanne McDonald, P. O. Box 2196, Ridgeland, S.C. 29936 VICE Marie Rawl

Reappointment, Jasper County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Joanne McDonald, P. O. Box 2196, Ridgeland, S.C. 29936

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

David S. Matthews, P. O. Box 2071, Ridgeland, S.C. 29936-2071 VICE Terry Trent Kinard

Reappointment, Jasper County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

David S. Matthews, P. O. Box 2071, Ridgeland, S.C. 29936-2071

Initial Appointment, Jasper County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Calbert R. Brantley, Antioch Baptist Church, 194 Bees Creek Road, Ridgeland, S.C. 29336 VICE Martinez Masterson

Reappointment, Jasper County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Calbert R. Brantley, Antioch Baptist Church, 194 Bees Creek Road, Ridgeland, S.C. 29336

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

Reappointment, Sumter County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Joseph B. Davis, P. O. Box 1272, Sumter, S.C. 29150-1272

Reappointment, Sumter County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Lee Anna Tindal, 3065 Tindal Road, Sumter, S.C. 29150

On motion of Senator HAWKINS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Richard O. Caldwell of Inman, S.C.

At 1:17 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

This web page was last updated on Wednesday, June 24, 2009 at 1:08 P.M.