Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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 by the Prophet Isaiah (43:1):

"But now this is what the Lord says -

He who created you, O Jacob, He who formed you, O Israel:

Fear not, for I have redeemed you - I will be with you."

Let us pray.

Eternal Father, we return to the Halls of State burdened with the realization that the demands and responsibilities of these days are upon us.

We know that there are not many questions that have clear-cut, right answers. But we do pray that amidst all of this, we may look to each other for guidance and in great faith look to You for guidance so that when we come to the end of the day we can look up and hear the words: "Well done, good and faithful servant!"
Amen!

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

Memorandum To:   Clerk of the House

Clerk of the Senate
Re:               Committee Hearings, April 20, 2006

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidate for the Old Exchange Building Commission, at-large seat, qualified.

Mrs. Anne Trent Alford             Charleston
Respectfully submitted,
Rep. Olin Phillips, Chm.           Sen. Thomas Alexander

The candidate screening was conducted on April 20, 2006 at the State House, Columbia, South Carolina. Appearances: Representative Olin Phillips, Sophia Floyd, Administrative Assistant, Don Hottel, Chief of Staff, Speaker's Office.

Chairman Phillips:   I'll call the meeting to order of the Joint Committee to Screen Candidates for the House and Senate. Today we are screening candidates for the Old Exchange Building Commission. We have three vacancies, all at-large. There are two incumbents unopposed, Mr. John S. Coussons and Mrs. Retta Sanders, who cannot be here today. There are two candidates running for the vacancy, Mrs. Anne Alford of Charleston and Mrs. Gail K. Player of Bishopville. Mrs. Player has decided to withdraw due to the fact that it would be dual office holding because she is as a member of the City Council of Bishopville and, rather than leave her seat, she has chosen to withdraw. Mrs. Alford is the only candidate we have. I will now swear in Mrs. Altman. Please raise your right hand. The information given here today be the truth, and nothing but the truth, so help you God?

Mrs. Alford:   Yes sir.

Chairman Phillips: Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?

Mrs. Alford:   No sir.

Chairman Phillips: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?

Mrs. Alford:   Yes sir.

Chairman Phillips: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?

Mrs. Alford:   No sir.

Chairman Phillips: Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?

Mrs. Alford:   No sir.

Chairman Phillips: Thank you. You may make a brief statement as to why you wish to serve.

Mrs. Alford:   I feel that my interest in the architectural history of this building as well as being a part of this building for so long as a DAR member, I think my knowledge and my love of the building should be shared with the community, the State of South Carolina, and of course with the DAR membership. I think I have a full understanding of what has transpired through the years and I would like to help to integrate that as a part of making the policies for them.

Chairman Phillips: Thank you. Given that the make up of the Board also includes two members from the Rebecca Motte Chapter of the DAR and two members elected from the SC Society of the DAR, please disclose if you are a member of either one of those chapters.

Mrs. Alford:   Yes sir. I am the Regent of the Rebecca Motte Chapter.

Chairman Phillips: You are a member of the Rebecca Motte Chapter?

Mrs. Alford:   Yes, I have served as a Regent and I am now serving again as a Regent through next year. I am also a member of the State DAR and National DAR.

Chairman Phillips: Thank you. I appreciate people being willing to serve in various boards and commissions. Certainly I love history and I love to visit the Old Exchange Building when I go to Charleston.

Mrs. Alford: It has a magnificent history and it isn't just money that we need to put into it but love and care. The Rebecca Motte Chapter has, through the years, tried to do that so I understand what they have to do to foster that. I think the State DAR is part of that. We need to be able to integrate that so that everybody else can have that love and interest that we have. For the past ten years, I have been very involved with DAR.

Chairman Phillips: With the Rebecca Motte Chapter?

Mrs. Alford:   Yes. As you can see by my resume, I have also served on the Charleston County Council, the Museum Board, I am a supporter of the Historic Charleston Foundation and Preservation Society, and I taught school for thirteen years. I feel that this is our legacy, this is our heritage. It's my duty as a citizen, I have other obligations with family, but, as a member of the community, this is where I would like to serve.

Chairman Phillips: Thank you. I appreciate it. I have no more questions and am sorry we did not have a full committee present. Thank you for coming and your interest in wanting to serve. As Sophia

Mrs. Floyd: The election is May 3.

Chairman Phillips: Is that a Tuesday? I wasn't sure since the Senate goes in at two.

Mrs. Floyd: No, it's a Wednesday at noon.

Mr. Hottel: It's a joint session and they are planning to be here.
Chairman Phillips: We're all set then. I'll call the meeting adjourned.

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for the Old Exchange Building Commission qualified:

Mr. John S. Coussons

Mrs. Retta Sanders

Mrs. Ann T. Alford

Received as information.

On motion of Senator PEELER, with unanimous consent, ordered printed in the Journal.

Memorandum to:   Clerk of the House

Clerk of the Senate
Re:               Committee Hearings, April 20, 2006

The Nominating Committee for the Legislative Audit Council met on Thursday, April 20, 2006, at 12:30 PM in the Speaker's Office to review the candidates for election to the Council, there being two seats on the council open for election.

Committee Members present were: Senator John M. "Jake" Knotts, Jr., Senator Gerald Malloy, Senator Randy Scott, Representative James H. Harrison, and Representative David J. Mack. Representative William E. "Bill" Sandifer III was absent due to his service at the time on the PSC Committee screening.

Representative Harrison made the motion to elect Senator Jake Knotts as Chairman of the Nominating Committee. Representative Mack seconded the motion and the Committee Members unanimously elected Senator Knotts Chairman.

Chairman Knotts made the motion that Representative Harrison be elected Vice Chairman. The other members seconded the motion and Representative Harrison was unanimously elected Vice Chairman.

Mrs. Susan Hoag was present and Mr. Jahue Moore was unable to attend due to required court duties. After a brief discussion of the two persons offering for the two LAC seats and certain members' knowledge of the candidates, Representative Harrison made a motion to find qualified and nominate Susan B. Hoag and S. Jahue Moore as candidates for the Legislative Audit Council seats (one person for one seat on the Commission). Mr. Moore is an attorney.

Senator Malloy seconded the motion. The members of the Nominating Committee unanimously selected Susan B. Hoag and S. Jahue Moore as candidates for the Legislative Audit Council.

The Nominating Committee adjourned at 12:45 P.M.

Received as information.

On motion of Senator KNOTTS, with unanimous consent, ordered printed in the Journal.

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

Initial Appointment, Marion County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Darryl L. Burns, 1702 Tubello Circle, Apt. H., Marion, S.C. 29571 VICE Levonne Graves

Reappointment, South Carolina Mining Council, with term to commence June 30, 2006, and to expire June 30, 2010

Mining Industry:

James W. Holmes, U. S. Silica Co., 5263 Edmund Hwy., West Columbia, S.C. 29170

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 1, 2004, and to expire September 1, 2008

At-Large:

Carole C. Wells, 336 Winding Oak Drive, Woodruff, S.C. 29388 VICE Steven Michael Calcutt (resigned)

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2004, and to expire August 1, 2009

Court / Victim Assistant:

Deborah C. Downs, 795 Gilliam Road, Greer, S.C. 29651 VICE Barbara Grissom

Referred to the Committee on Judiciary.

Initial Appointment, Maritime Security Commission, with term to commence July 31, 2005, and to expire July 31, 2007

Commercial Maritime Community:

Thomas E. Eason, Eason Diving & Marine Construction, P. O. Box 70040, Charleston, S.C. 29415

Referred to the Committee on Judiciary.

Reappointment, State Advisory Committee on Educational Requirements for Local Government Planning, with term to commence June 30, 2006, and to expire June 30, 2010

Planner:

Donna S. London, Strom Thurmond Inst. of Gov. and Public Affairs, Silas Pearman Blvd., Clemson, S.C. 29634-0125

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2005, and to expire June 30, 2009

6th Congressional District:

Kenneth Mance, 1510 Brogdon Road, Alcolu, S.C. 29001 VICE Carrie Sinkler-Parker

Referred to the Committee on Judiciary.

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

Therapist:

Susan M. Hardin, 897 Hermitage Pond Road, Camden, S.C. 29020 VICE Mano Canelon

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Medical Disciplinary Commission of the State Board of Medical Examiners, with term to commence July 1, 2006, and to expire July 1, 2009

4th Congressional District:

Rev. Doc. Stephen Samuel Lomax, 331 Pollard Road, Simpsonville, S.C. 29681

Referred to the Committee on Medical Affairs.

The following was received:

Document No. 3006
Agency: Department of Health and Environmental Control
SUBJECT: Statement of Policy and Specific Project Standards for Tidelands and Coastal Waters
Received by Lieutenant Governor January 20, 2006
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration May 20, 2006
120 Day Period Tolled
Withdrawn and Resubmitted April 25, 2006

Senator CAMPSEN introduced Dr. Louis E. Costa of Charleston, S.C., Doctor of the Day, along with his wife, Cindy.

On motion of Senator McCONNELL, at 10:05 A.M., Senator J. VERNE SMITH was granted a leave of absence for this week.

At 4:30 P.M., Senator SCOTT requested a leave of absence until 5:30 P.M

S. 1243 (Word version) -- Senators Rankin, Bryant, Peeler, Setzler, Knotts, Land, Williams, Cromer, Hutto, Elliott, Scott, Richardson, Ritchie, Short and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-260 SO AS TO PROVIDE FOR THE PREPARATION AND SUPERVISION OF THE CLOSING DOCUMENTS AND THE CLOSING OF A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN, AND TO EXEMPT THE TRANSACTION FROM THE ATTORNEY PREFERENCE REQUIREMENT IN THE CONSUMER PROTECTION CODE IF THE CLOSING DOCUMENTS CONTAIN A CONSPICUOUS DISCLOSURE TO A PARTY TO A PURCHASE AND SALE OF AN INTEREST IN A VACATION TIME SHARING PLAN OF THE NEED TO UNDERSTAND HIS RIGHTS AND OBLIGATIONS PURSUANT TO THE CLOSING DOCUMENTS; AND TO AMEND SECTION 27-32-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH A VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF "CONTRACT".

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 1243.

S. 1365 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 57 OF THE 1976 CODE BY ADDING SECTION 57-5-1626, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGN-BUILD PROCEDURE, TO PROVIDE FOR CONTRACT SELECTION CRITERIA, AND TO REPEAL SECTION 57-5-1625.

Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

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

S. 1359 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PINE STREET IN THE CITY OF SPARTANBURG FROM ITS INTERSECTION WITH CHURCH STREET TO ITS INTERSECTION WITH DANIEL MORGAN AVENUE THE "VIC BAILEY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "VIC BAILEY HIGHWAY".

Senator RYBERG asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection.

The Concurrent Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1368 (Word version) -- Senators Courson, Hayes, Matthews and Setzler: A SENATE RESOLUTION RECOGNIZING THE WEEK OF MAY 1ST THROUGH MAY 6TH AS NATIONAL CHARTER SCHOOL WEEK, AND ACKNOWLEDGING THE IMPORTANCE OF EDUCATING THE CHILDREN OF SOUTH CAROLINA IN A CREATIVE AND NON-TRADITIONAL STYLE.
l:\s-res\jec\015char.mrh.doc

The Senate Resolution was introduced and referred to the Committee on Education.

Senator COURSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.

There was no objection.

The Resolution was recalled from the committee.

On motion of Senator COURSON, with unanimous consent, the Senate Resolution was adopted.

S. 1369 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 76 IN MARION COUNTY, FROM THE PEE DEE RIVER BRIDGE TO THE HIGHWAY 301 BRIDGE "REPRESENTATIVE MACK T. HINES HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "REPRESENTATIVE MACK T. HINES HIGHWAY".
l:\s-res\kmw\011mack.mrh.doc

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 1370 (Word version) -- Senator Drummond: A BILL 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, 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.
l:\s-res\jwd\002dist.dag.doc

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

On motion of Senator DRUMMOND, S. 1370 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1371 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-35 SO AS TO PROVIDE THAT ONE-HALF OF THE INTEREST ON FUNDS OF A CLIENT ON DEPOSIT IN A TRUST OR ESCROW ACCOUNT OF AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE MUST BE RETURNED TO THE CLIENT AND ONE-HALF MAY BE REMITTED TO THE SOUTH CAROLINA BAR PURSUANT TO THE RULE OF THE SUPREME COURT FOR USE IN PRO BONO BAR ACTIVITIES, TO PROVIDE THAT NOTHING IN THIS SECTION REQUIRES THE PLACING OF CLIENT FUNDS IN AN INTEREST-BEARING TRUST OR ESCROW ACCOUNT, AND TO PROVIDE THAT IF THE CLIENT

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

S. 1372 (Word version) -- Senator McConnell: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE CHARLESTON COUNTY SCHOOL DISTRICT TO SUBMIT ITS COMPLETE PROPOSED BUDGET FOR APPROVAL BY A MAJORITY VOTE OF THE CHARLESTON COUNTY COUNCIL AND, IF THE COMPLETE PROPOSED BUDGET EXCEEDS THE MILLAGE CAP, TO REQUIRE THAT THE BOARD OBTAIN THE APPROVAL OF A MAJORITY OF THE COUNTY COUNCIL FOR THE MILLAGE INCREASE IN A SEPARATE VOTE FROM APPROVAL OF THE BUDGET.
l:\s-jud\bills\mcconnell\jud0083.gfm.doc

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

S. 1373 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 3 OF ACT 117 OF 1961, AS LAST AMENDED BY ACT 167 OF 1997, RELATING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE ANNUAL SALARY AND PER-MEETING EXPENSE ALLOTMENT MUST BE DETERMINED BY THE BOARD.
l:\council\bills\ggs\22517sj06.doc

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

S. 1374 (Word version) -- Senators Ritchie, Moore, Ford, Alexander, Rankin and Cleary: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 24, 2006, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT SUCCESSORS TO THE MEMBERS OF THE SECOND, FOURTH, AND SIXTH DISTRICTS

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

H. 4552 (Word version) -- Reps. Davenport and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-60 AND SECTION 39-15-70, RELATING TO THE LABELING OF TOYS AND TABLEWARE, RESPECTIVELY, CONTAINING EXCESSIVE LEVELS OF LEAD AND PROVIDING CRIMINAL PENALTIES FOR VIOLATIONS.

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

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

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4656 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS UPON A FAVORABLE REFERENDUM VOTE ALLOWING THE POSSESSION, SALE, AND ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK OR ALLOWING THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION, SO AS TO PROVIDE THAT IN ADDITION TO THE PETITION METHOD OF CALLING THE REFERENDUM, A COUNTY OR MUNICIPAL GOVERNING BODY BY ORDINANCE MAY ALSO CALL THE REQUIRED REFERENDUM.

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

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

Read the first time and referred to the Committee on Medical Affairs.

H. 4768 (Word version) -- Reps. Harrison, Mack, Rutherford, Sinclair, Brady, Battle, McGee, Ballentine and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-185 SO AS TO AUTHORIZE CONSUMERS TO RECEIVE MERCHANDISE COUPONS OFFERED BY MANUFACTURERS, SUPPLIERS, OR IMPORTERS ON THE PURCHASE OF BEER, WINE, AND ALCOHOLIC LIQUOR, TO PROVIDE CONDITIONS AND LIMITATIONS AS TO THE MANNER IN WHICH THE COUPONS MAY BE OFFERED TO CONSUMERS, AND TO PROVIDE PENALTIES FOR VIOLATION.

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

H. 4968 (Word version) -- Reps. Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN HORRY COUNTY AS PART OF THE NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF HORRY COUNTY.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4983 (Word version) -- Reps. Perry, Harrell, D. C. Smith, J. R. Smith, Stewart and Clyburn: A BILL TO AMEND SECTIONS 31-6-30 AND 31-6-80, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND PROCEDURES FOR ADOPTING REDEVELOPMENT PLANS FOR PURPOSES OF THE TAX INCREMENT FINANCING LAW, SO AS TO REVISE THE DEFINITIONS FOR "REDEVELOPMENT PLAN" AND "REDEVELOPMENT PROJECT COSTS", AND TO REQUIRE ADDITIONAL FINDINGS BEFORE ADOPTION OF A

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

H. 5026 (Word version) -- Reps. Rutherford, Allen, Anderson, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Govan, J. Hines, M. Hines, Hodges, Hosey, Howard, Jefferson, Kennedy, Mack, Mitchell, Moody-Lawrence, J. H. Neal, Parks, Scott, F. N. Smith, Weeks, Agnew, Altman, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, G. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Huggins, Jennings, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, J. M. Neal, Neilson, Norman, Ott, Owens, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. 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, Whipper, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, APRIL 26, 2006, AS "LINKS DAY AT THE CAPITOL", TO RECOGNIZE THE SOUTH CAROLINA CHAPTER OF THE SOUTHERN AREA OF THE LINKS, INC., AND TO COMMEND THEM ON THEIR EFFORTS AND ADVOCACY IN SEEKING TO ELIMINATE HEALTH DISPARITIES IN THIS STATE.

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

H. 5032 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. BILLY CARSON BLAKENEY OF PAGELAND FOR HIS DISTINGUISHED THIRTY-EIGHT YEAR CAREER IN SERVING THE PATIENTS OF PAGELAND, CHESTERFIELD COUNTY, AND THE SURROUNDING AREAS AND FOR HIS CONTRIBUTIONS TO THE CIVIC LIFE OF HIS COMMUNITY.

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

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

S. 881 (Word version) -- Senator Ritchie: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 47 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO PROVIDE FOR THE COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS AND PROVIDE FOR ITS POWERS AND DUTIES; PROVIDE FOR THE MEDICAL DISCIPLINARY COMMISSION, ITS COMPOSITION, POWERS, AND DUTIES; DEFINE CERTAIN TERMS; PROVIDE THAT OSTEOPATHIC PHYSICIANS AND SURGEONS HAVE THE SAME RIGHTS AND PRIVILEGES AS PHYSICIANS AND SURGEONS OF OTHER SCHOOLS OF MEDICINE WITH RESPECT TO CERTAIN CIRCUMSTANCES; PROVIDE THE RESTRICTIONS ON PRACTICING MEDICINE AND PROVIDE FOR LICENSED AND UNLICENSED PERSONS; PROVIDE REQUIREMENTS FOR LIMITED AND TEMPORARY LICENSES; PROVIDE REQUIREMENTS FOR PERMANENT LICENSES AND EXAMINATIONS AN APPLICANT SHALL PASS; PROVIDE BOARD DISCRETION TO ISSUE A PERMANENT LICENSE TO CERTAIN THIRD YEAR RESIDENTS; PROVIDE REQUIREMENTS FOR AN ACADEMIC LICENSE; PROVIDE REQUIREMENTS FOR A SPECIAL VOLUNTEER LICENSE; PROVIDE FOR A LICENSE REGULATING THE PRACTICE OF AN EXPERT MEDICAL WITNESS; PROVIDE CRIMINAL BACKGROUND CHECKS OF NEW APPLICANTS AND

Ordered for consideration tomorrow.

Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 1258 (Word version) -- Senators Fair and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO ESTABLISH A PROCEDURE TO ALLOW AN INMATE WHO IS CONFINED IN A DEPARTMENT OF CORRECTIONS' FACILITY TO ATTEND THE FUNERAL SERVICE OF CERTAIN INDIVIDUALS AND VISIT CERTAIN INDIVIDUALS UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR CERTAIN INMATES, SO AS TO DELETE THE

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation polled out S. 1287 favorable:

S. 1287 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-23-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO PROVIDE THAT PRIVATE HIGH SCHOOL INSTRUCTORS ARE NOT REQUIRED TO PAY A FEE FOR A DRIVER INSTRUCTOR PERMIT.

Ryberg                    Land                      McGill
Elliott                   Rankin                    Grooms
Richardson                Hawkins                   Verdin
Drummond                  Knotts                    Short
Campsen                   Cleary

Malloy                    Pinckney

Leatherman

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Agriculture and Natural Resources polled out S. 1346 favorable:

S. 1346 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF

Grooms                    Leventis                  Peeler
Matthews                  McGill                    Hutto
Elliott                   Verdin                    Knotts
Fair                      Cromer                    Hawkins
Bryant                    Campsen                   Cleary
Lourie                    Williams

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

Columbia, S.C., April 20, 2006

Mr. President and Senators:

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

H. 3184 (Word version) -- Reps. Harrison, G.R. Smith, Whipper, Cato, G.M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT THE RULES AND PROCEDURES FOLLOWED BY INDIVIDUAL STATE AGENCIES FOR THE HEARING OF CONTESTED CASES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE FOR, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR BY STATUTE, JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION OF A STATE AGENCY BY AN ADMINISTRATIVE LAW JUDGE AND THAT THE DECISION OF THE ADMINISTRATIVE LAW JUDGE MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE STATE ETHICS COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION BY THE EMPLOYMENT SECURITY COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE PUBLIC SERVICE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS, AND TO REPEAL CERTAIN SECTIONS RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

S. 1364 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE BISHOP WENDELL HENDRIX, PASTOR OF THE CHURCH OF GOD ON FISH HATCHERY ROAD IN GASTON, FOR HIS DEVOTED AND FAITHFUL THIRTY-YEAR CAREER AS AN ORDAINED

Returned with concurrence.

Received as information.

S. 1367 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF JOHN WOODROW "JAKE" JOHNSON OF LEXINGTON COUNTY, A COMBAT VETERAN OF WORLD WAR II, UPON HIS DEATH.

Returned with concurrence.

Received as information.

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

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

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

Senator LOURIE spoke on the Bill.

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

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

S. 1353 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3044, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

S. 1174 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 42-3-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELATIONSHIP BETWEEN THE CHAIRMAN, EXECUTIVE ASSISTANT, AND ADMINISTRATIVE DIRECTOR OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO ELIMINATE THE POSITION OF EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT; TO AMEND SECTION 42-3-80, AS AMENDED, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE NAME OF THE ADMINISTRATIVE DIRECTOR TO THE

S. 1032 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELAYED BIRTH CERTIFICATES, SO AS TO FURTHER SPECIFY THE PROCEDURES FOR OBTAINING A COURT-ORDERED BIRTH CERTIFICATE, INCLUDING REQUIRING ATTACHMENT OF A CERTIFICATION TO THE PETITION FROM THE STATE REGISTRAR OF VITAL STATISTICS STATING THAT NO BIRTH RECORD HAS BEEN LOCATED AND ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN THE ORDER ESTABLISHING THE RECORD OF BIRTH.

Senator FAIR explained the Bill.

S. 1046 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DIRECT AND SUPERVISE VACCINATION, SCREENING, AND IMMUNIZATION, SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN IMMUNIZATION REGISTRY.

S. 518 (Word version) -- Senators Short, Jackson, Ford and Matthews: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROHIBIT CERTAIN CHARGES BY A CONSUMER CREDIT REPORTING AGENCY, TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, TO PROVIDE A PERSON RECEIVING A SELLER OR LENDER CREDIT CARD SOLICITATION IS NOT LIABLE FOR THE

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

Senator THOMAS proposed the following amendment (AGM\ 18377MM06), which was adopted:

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

/ SECTION   1.   This act may be cited as the "Financial Identity Fraud and Identity Theft Protection Act".

SECTION   2.   Title 37 of the 1976 Code is amended by adding:

Section 37-20-110.   For purposes of this chapter:

(1)   'Consumer' means an individual residing in the State of South Carolina who undertakes a transaction for personal, family, or household purposes.

(2)   'Consumer credit-reporting agency' or 'consumer reporting agency' means a person that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information about consumers for the purpose of furnishing consumer reports to third parties.

(3)   'Consumer report' or 'credit report' means any written, oral, electronic, or other communication of information by a consumer credit-reporting agency regarding a consumer's creditworthiness, credit standing, credit capacity, character, debts, general reputation, personal characteristics, or mode of living that is used or expected to be used or collected in whole or in part for the purpose of establishing a consumer's eligibility for any of the following:

(a)   credit or insurance to be used primarily for personal, family, or household purposes;

(b)   employment purposes, meaning the use of a consumer report for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee;

(c)   any other purpose authorized pursuant to 15 U.S.C. Section 168lb.

'Consumer report' or 'credit report' does not include a report containing information as to a transaction between the consumer and the person making the report; an authorization or approval by the issuer of a credit card or similar device, directly or indirectly, of a specific extension of credit; a communication of information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among those persons and the consumer has the opportunity, to direct that the information not be communicated among them, or a report in which a person conveys an adverse decision in response to a request from a third party to make a specific extension of credit, directly or indirectly, to the consumer, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the required disclosures to the consumer pursuant to the provisions of the federal 'Fair Credit Reporting Act'.

(4)   'Credit card' has the same meaning as in Section 103 of the Truth in Lending Act, 15 U.S.C. Section 160 and includes a lender credit card, as defined in Section 37-1-301(16) and a seller credit card, as defined in Section 37-1-301(26).

(5)   'Creditworthiness' means an entry in a consumer's credit file that affects the ability of a consumer to obtain and retain credit, employment, business or professional licenses, investment opportunities, or insurance. Entries affecting creditworthiness include, but are not limited to, payment information, defaults, judgments, liens, bankruptcies, collections, records of arrest and indictments, and multiple credit inquiries.

(6)   'Debit card' means a card or device issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account holding assets of the consumer at that financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.

(7)   'Disposal' means the:

(a)   discarding or abandonment of records containing personal identifying information; or

(b)   sale, donation, discarding, or transfer of any medium, including computer equipment or computer media, containing records of personal identifying information, other nonpaper media upon which records of personal identifying information are stored, or other equipment for nonpaper storage of information.

(8)   'File' means all information on a consumer that is recorded and retained by a consumer credit-reporting agency, regardless of how the information is stored.

(9)   'Financial identity fraud' and 'identity fraud' are as defined in Section 16-13-510 and include the term 'identity theft'.

(10)   'Person' means a natural person, an individual, or an organization as defined in Section 37-1-301(20).

(11)(a)   For purposes of this chapter, 'personal identifying information' means personal identifying information as defined in Section 16-13-510(D).

(b)   'Personal identifying information' does not mean information about vehicular accidents, driving violations, and driver's status.

(12)   'Proper identification' means information generally considered sufficient to identify a person. If a person is reasonably unable to identify himself or herself with the information described in item (9), a consumer reporting agency may require additional information concerning the consumer's employment and personal or family history in order to verify the consumer's identity.

(13)   'Publicly post' or 'publicly display' means to exhibit in a place of public view.

(14)   'Records' means material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.

(15)   'Security breach' means an incident of unauthorized access to, and acquisition of, records or data containing personal identifying information that compromises the security, confidentiality, or integrity of personal identifying information maintained by a person when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the person for a legitimate purpose is not a security breach, if the personal identifying information is not used for a purpose other than a lawful purpose of the person and is not subject to further unauthorized disclosure.

(16)   'Security freeze' means a notice placed in a consumer credit report, at the request of the consumer and subject to certain exceptions, that prohibits the consumer credit-reporting agency from releasing a credit report containing all or any part of the consumer's credit report or any information derived from it without the express authorization of the consumer.

Section 37-20-120.   (A)   A consumer credit reporting agency must give notice to each creditor who uses a consumer report if the agency becomes aware that an application to a card issuer to open a new seller or lender credit card account bears an address for the consumer that is different from the address in its file of the consumer.

(B)   A seller or lender credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a seller or lender credit card listing an address that is substantially different from the address on the offer or solicitation shall verify the change of address by contacting the person to whom the solicitation or offer was mailed, or by using other reasonable means of verifying the account holder's identity.

(C)   When a seller or lender credit card issuer receives a written or oral request for a change of the cardholder's billing address and within a period not to exceed thirty days after the requested address change receives a written or oral request for an additional credit card, the credit card issuer may not mail the requested additional credit card to the new address or activate the requested additional credit card unless the issuer has verified the change of address.

(D)   This section does not apply to a person that sends or receives address discrepancy notices in compliance with 15 U.S.C. 1681c(h) or regulations promulgated pursuant to it.

Section 37-20-130.   A person who learns or reasonably suspects that he is the victim of identity theft may initiate a law enforcement investigation by reporting to a local law enforcement agency that has jurisdiction over his actual legal residence. The law enforcement agency shall take the report, provide the complainant with a copy of the report, and begin an investigation or refer the matter to the law enforcement agency where the crime was committed for an investigation.

Section 37-20-140.   (A)   If a person is convicted of unlawfully obtaining the personal identifying information of another person without the other person's authorization and using that information to commit a crime, the court records must reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

(B)   A person who reasonably believes that he is the victim of identity theft may petition the circuit court or have the County Office of Victims' Assistance petition the circuit court on his behalf, for an expedited judicial determination of his factual innocence, if the identity thief was arrested for and convicted of a crime under the victim's identity, or if the victim's identity has been mistakenly associated with

(C)   A court may at any time vacate the determination of factual innocence if information submitted in support of the petition is found to contain material misrepresentation or fraud.

Section 37-20-150. (A)   The State Law Enforcement Division shall establish and maintain appropriate records of individuals who have been the victims of identity theft. The records will be maintained in a computerized database at such time that funds are appropriated to the State Law Enforcement Division. Access to the records is limited to criminal justice agencies, except that a victim of identity theft, or his authorized representative, shall have access to the records in order to establish that he is a victim of identity theft.

(B)   A victim of identity theft must submit to the State Law Enforcement Division a copy of the police report, a full set of fingerprints, or other relevant information required by the State Law Enforcement Division for the inclusion in the records of identity theft victims. The State Law Enforcement Division shall verify the identity of the victim against a driver's license or other identification records maintained by the Department of Motor Vehicles or by other agencies.

Section 37-20-160.   (A)   On written request sent by certified mail or electronic mail that includes proper identification provided by a consumer, the consumer's attorney-in-fact, or the consumer's legal guardian, if the consumer has not been a victim of identity theft or if the consumer has reason to believe that he is the victim of financial identity fraud, as evidenced by a copy of a valid police report, investigative report, or complaint made pursuant to Section 16-13-510, a consumer reporting agency shall place a security freeze on the consumer's consumer file not later than the fifth business day after the date the agency receives the request.

(B)   On written request for a security freeze from a consumer pursuant to subsection (A), a consumer reporting agency shall disclose to the consumer the process of placing, removing, and temporarily

(C)   A consumer reporting agency, not later than the tenth business day after the date the agency receives the request for a security freeze shall:

(1)   send a written confirmation of the security freeze to the consumer; and

(2)   provide the consumer with a unique personal identification number or password to be used by the consumer to authorize a removal or temporary lifting of the security freeze.

(D)   A consumer may request in writing a replacement personal identification number or password. The request must comply with the requirements for requesting a security freeze pursuant to subsection (A). The consumer reporting agency, not later than the third business day after the date the agency receives the request for a replacement personal identification number or password, shall provide the consumer with a new unique personal identification number or password to be used by the consumer instead of the number or password that was provided earlier.

(E)   If a security freeze is in place, a consumer reporting agency shall notify the consumer in writing of a change in the consumer file to the consumer's name, date of birth, social security number, or address not later than thirty calendar days after the date the change is made. The agency shall send notification of a change of address to the new address and former address. This section does not require notice of an immaterial change, including a street abbreviation change or correction of a transposition of letters or misspelling of a word.

(F)   A consumer reporting agency shall notify a person who requests a consumer report if a security freeze is in effect for the consumer file involved in that report and the consumer report may not be released without express authorization by the consumer.

(G)(1)   On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided pursuant to subsection (C)(2), a consumer reporting agency shall remove a security freeze not later than the third business day after the date the agency receives the request at a point designated by the agency to receive the request.

(2)   On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's

(a)   a certain properly designated period; or

(b)   a certain properly identified requester.

(H)   A consumer reporting agency may develop procedures involving the use of a telephone, a facsimile machine, the Internet, or another electronic medium to receive and process a request from a consumer pursuant to this section.

(I)   A consumer reporting agency shall remove a security freeze placed on a consumer file if the security freeze was placed due to a material misrepresentation of fact by the consumer. The consumer reporting agency shall notify the consumer in writing before removing the security freeze pursuant to this subsection.

(J)   A consumer reporting agency may not charge a consumer who has reason to believe that he is the victim of financial identity fraud, as evidenced by a copy of a valid police report, investigative report, or complaint made pursuant to Section 16-13-510, a fee for a request pursuant to subsections (A) and (G). A consumer reporting agency may charge a consumer who is not the victim of financial identity fraud a fee of no more than ten dollars for each freeze, removal of a freeze, or temporary lifting of a freeze.

(K)   A security freeze does not apply to the use of a consumer report provided to:

(1)   a state or local governmental entity, including a law enforcement agency or court or private collection agency, if the entity, agency, or court is acting pursuant to a court order, warrant, subpoena, or administrative subpoena;

(2)   a child support agency acting to investigate or collect child support payments or acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. Section 651 et seq.);

(3)   the Department of Social Services acting to investigate fraud;

(4)   the Department of Revenue acting to administer state tax laws;

(5)   a local official authorized to investigate or collect delinquent amounts owed to a public entity;

(6)   a person for the purposes of prescreening as provided by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended;

(7)   a person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the person's subsidiary, affiliate, agent, assignee, prospective assignee, subcontractor, or private collection agency, for purposes related to that account, contract, or instrument;

(8)   a subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted pursuant to subsection (G)(2);

(9)   a person who administers a credit file monitoring subscription service to which the consumer has subscribed;

(10)   a person for the purpose of providing a consumer with a copy of the consumer's report on the consumer's request;

(11)   a depository financial institution for checking, savings, and investment accounts;

(12)   an insurance company for the purpose of conducting its ordinary business; or

(13)   a consumer reporting agency that:

(a)   acts only to resell credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and

(b)   does not maintain a permanent database of credit information from which new consumer reports are produced.

(L)   The requirement of this section to place a security freeze on a consumer file does not apply to:

(1)   a check service or fraud prevention service company that issues consumer reports:

(a)   to prevent or investigate fraud; or

(b)   for purposes of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment; or

(2)   a deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses, or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution.

(M)   A consumer reporting agency shall honor a security freeze placed on a consumer file by another consumer reporting agency.

(N)   If a third party requests access to a consumer report on which a security freeze is in effect, this request is in connection with an application for credit or another use, and the consumer does not allow

(O)   The provisions of this section are cumulative, and an action taken pursuant to this section is not an election to take that action to the exclusion of other action authorized by law.

Section 37-20-170.   A letter mailed to a consumer by a credit-reporting agency may not contain personal identifying information particular to that consumer. 'Personal identifying information' is as defined in Section 16-13-510(D), as well as place of employment, date of birth, and mother's maiden name.

Section 37-20-180.   (A)   Except as provided in subsection (B) of this section, a person may not:

(1)   publicly post or publicly display or otherwise intentionally communicate or make available to the general public a consumer's social security number or a portion of it containing six digits or more;

(2)   intentionally print or imbed a consumer's social security number or any portion of it containing six digits or more on any card required for the consumer to access products or services provided by the person;

(3)   require a consumer to transmit his social security number or a portion of it containing six digits or more over the Internet, unless the connection is secure or the social security number is encrypted;

(4)   require a consumer to use his social security number or a portion of it containing six digits or more to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet web site;

(5)   print a consumer's social security number or a portion of it containing six digits or more on materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed;

(6)   sell, lease, loan, trade, rent, or otherwise intentionally disclose a consumer's social security number or a portion of it containing six digits or more to a third party without written consent to the disclosure from the consumer, unless the third party seeking disclosure of the social security number does so for a legitimate business purpose or unless authorized by law to do so or unless the disclosure is otherwise imperative for the performance of the person's duties and responsibilities as prescribed by law. A legitimate business purpose of the third party includes locating an individual to provide a

(B)   This section does not apply:

(1)   if a social security number is included in an application or in documents related to an enrollment process, or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of the social security number for the purpose of obtaining a credit report pursuant to the federal Fair Credit Reporting Act. A social security number that is permitted to be mailed pursuant to this section may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope or may not be visible on or through the envelope;

(2)   to the collection, use, or release of a social security number for internal verification or administrative purposes;

(3)   to the opening of an account or the provision of or payment for a product or service authorized by a consumer;

(4)   to the collection, use, or release of a social security number to investigate or prevent fraud, conduct background checks, conduct social or scientific research, collect a debt, including a debt collected pursuant to the Setoff Debt Collection Act, Section 12-56-10, and the Governmental Enterprise Accounts Receivable Collections program, Section 12-4-580, or obtain a credit report from or furnish data to a consumer reporting agency, pursuant to the federal Fair Credit Reporting Act or to undertake a purpose permissible pursuant to the Gramm-Leach-Bliley Act;

(5)   to a person acting pursuant to a court order, warrant, subpoena, or other legal process;

(6)   to a person providing the social security number to a federal, state, or local government entity, including a law enforcement agency or court, or their agents or assigns;

(7)   to a financial institution as defined in the Gramm-Leach-Bliley Act;

(8)   to the submission and use of a social security number or other personal identifying information as part of the maintenance and reporting of employment records or the administration or provision of employee benefits programs;

(9)   to a recorded document in the official records of a county;

(10)   to a document filed in the official records of the court.

Section 37-20-190.   (A)   A person conducting business in this State and owning, licensing, maintaining, or otherwise possessing personal identifying information of a consumer resident of this State, in any form, must take all reasonable measures to protect against unauthorized access to or use of the information in connection with or after its disposal.

(B)   The reasonable measures must include:

(1)   implementing and monitoring compliance with policies and procedures that require:

(a)   burning, pulverizing, or shredding of papers containing personal identifying information so that information cannot be practicably read or reconstructed; and

(b)   destruction or erasure of electronic media and other nonpaper media containing personal identifying information so that the information cannot practicably be read or reconstructed; and

(2)   describing procedures relating to the adequate destruction or proper disposal of personal records as official policy in the writings of the business entity.

(C)   A person, after due diligence, may enter into a written contract with, and must monitor compliance by, another party engaged in the business of record destruction to destroy personal identifying information in a manner consistent with this section. Due diligence ordinarily includes one or more of the following:

(1)   reviewing an independent audit of the disposal business's operations or its compliance with this statute or its equivalent;

(2)   obtaining information about the disposal business from several references or other reliable sources and requiring that the disposal business be certified by a recognized trade association or similar third party with a reputation for high standards of quality review;

(3)   reviewing and evaluating the disposal business's information, security policies or procedures, or taking other appropriate measures to determine the competency and integrity of the disposal business.

(D)   A disposal business that conducts business in this State or disposes of personal identifying information of residents of this State must take all reasonable measures to dispose of records containing personal identifying information by implementing and monitoring compliance with policies and procedures that protect against unauthorized access to or use of personal identifying information during or after the collection and transportation and disposing of the information.

(E)   This section does not apply to:

(1)   a bank or financial institution that is subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act;

(2)   a health insurer that is subject to and in compliance with the standards for privacy of individually identifiable health information and the security standards for the protection of electronic health information of the Health Insurance Portability and Accountability Act of 1996; or

(3)   a consumer credit reporting agency that is subject to and in compliance with the federal Fair Credit Reporting Act.

Section 37-20-200.   (A)   In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that wilfully violates a provision of this chapter is liable for three times the amount of actual damages or one thousand dollars for each incident, whichever is greater, as well as reasonable attorney's fees and costs.

(B)   In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that negligently violates this chapter is liable for the greater of actual damages or one thousand dollars for each incident, as well as reasonable attorney's fees and costs.

(C)   In addition to the damages assessed pursuant to subsections (A) and (B), if the injury is to the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, employment options, or eligibility for insurance, and results from the failure to place and enforce the security freeze provided for in Section 37-2-160 and the failure is not corrected by the consumer credit-reporting agency within ten days after the entry of a judgment for damages, the assessed damages must be increased to one thousand dollars each day until the security freeze is imposed.

(D)   A consumer seeking damages pursuant to this section also may institute a civil action to enjoin and restrain future acts constituting a violation of this chapter.

(E)   The remedial provisions of this chapter are cumulative of and in addition to any other action at law and any action taken by the Department of Consumer Affairs pursuant to Chapter 6 of this title."

SECTION   3.   Article 2, Chapter 13 of Title 16 of the 1976 Code is amended by adding:

"Section 16-13-515.   (A)   Except as provided in this section, a person, firm, partnership, association, corporation, limited liability company, or any other entity which accepts credit cards or debit cards for the transaction of business must not print on a receipt provided to

(B)   This section does not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card.

(C)(1)   A person that violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more that two hundred fifty dollars for the first violation and one thousand dollars for each subsequent violation.

(2)   A person that knowingly and wilfully violates the provisions of this section is guilty of a Class F felony and, upon conviction, must be imprisoned not more than five years and fined not more than one thousand dollars, or both.

(D)   This section, in compliance with Public Law 108-159, Section 113 of Title 1, is effective:

(1)   three years after its enactment as to a cash register or other machine or device that electronically prints receipts for credit card or debit card transactions and that is in use before January 1, 2005;

(2)   one year after its enactment for those machines and devices first put into use on or after January 1, 2005."

SECTION   4.   Section 16-13-510 of the 1976 Code is amended to read:

"Section 16-13-510.   (A)   It is unlawful for a person to commit the offense of financial identity fraud or identity fraud.

(B)   A person is guilty of financial identity fraud when he, without the authorization or permission of another person and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party knowingly and willingly:

(1)   obtains or records identifying information which would assist in accessing the financial records of the other person; or

(2)   accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (C) (D).

(C)   A person is guilty of identity fraud when he uses identifying information, as defined in subsection (D), of another person for the purpose of obtaining employment or avoiding identification by a law enforcement officer, criminal justice agency, or another governmental agency including, but not limited to, law enforcement, detention, and correctional agencies or facilities.

(D)   Identifying information includes, but is not limited to:

(1)   social security numbers;

(2)   driver's license numbers;

(3)   checking account numbers;

(4)   savings account numbers;

(5)   credit card numbers;

(6)   debit card numbers;

(7)   personal identification numbers;

(8)   electronic identification numbers;

(9)   digital signatures biometric identifier including, but not limited to, signature, fingerprints, photographs, images, scans, and all other biometric identifiers in both digital and analog forms; or

(10)   other numbers or information which may be used to access a person's financial resources or to identify an individual.

(D)(E)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322."

SECTION   5.A.   The Family Privacy Protection Act, Sections 30-2-10 through 30-2-50, is redesignated as Article 1, Chapter 2, Title 30.

B.   Chapter 2 of Title 30 of the 1976 Code is amended by adding:

Section 30-2-300.   The General Assembly finds:

(1)   The social security number can be used as a tool to perpetuate fraud against an individual and to acquire sensitive personal, financial, medical, and familial information, the release of which could cause great financial or personal harm to the individual. While the social security number was intended to be used solely for the administration of the federal Social Security System, over time this unique numeric identifier has been used extensively for identity verification purposes and other legitimate consensual purposes.

(2)   Although there are legitimate reasons for state and local government entities to collect social security numbers and other personal identifying information from individuals, government entities should collect the information only for legitimate purposes or when required by law. An entity that provides employee benefits has a legitimate need to collect and use social security numbers and personal

(3)   When state and local government entities possess social security numbers or other personal identifying information, the governments should minimize the instances this information is disseminated either internally within government or externally with the general public.

Section 30-2-310.   (A)   Except as provided in Sections 30-2-320 and 30-2-330 of this article, a public body, as defined in Section 30-1-10(B) may not:

(1)   collect a social security number or any portion of it containing six digits or more from an individual unless authorized by law to do so or unless the collection of the social security number is otherwise imperative for the performance of that body's duties and responsibilities as prescribed by law. Social security numbers collected by a public body must be relevant to the purpose for which collected and must not be collected until and unless the need for social security numbers has been clearly documented;

(2)   fail, when collecting a social security number or portion of it containing six digits or more from an individual, to segregate that number on a separate page from the rest of the record, or as otherwise appropriate, so that the social security number may be easily redacted pursuant to a public records request;

(3)   fail, when collecting a social security number or any portion of it containing six digits or more from an individual, to provide, at the time of or before the actual collection of the social security number by that public body, upon request of the individual, a statement of the purpose or purposes for which the social security number is being collected and used;

(4)   use the social security number or a portion of it containing six digits or more for any purpose other than the purpose stated;

(5)   intentionally communicate or otherwise make available to the general public an individual's social security number or a portion of it containing six digits or more or other personal identifying information. 'Personal identifying information', as used in this section, has the same meaning as 'identifying information' in Section 16-13-510, except that it does not include electronic identification names, including electronic mail addresses, or parent's legal surname before marriage;

(6)   intentionally print or imbed an individual's social security number or a portion of it containing six digits or more on any card required for the individual to access government services;

(7)   require an individual to transmit the individual's social security number or a portion of it containing six digits or more over the Internet, unless the connection is secure or the social security number is encrypted;

(8)   require an individual to use the individual's social security number or a portion of it containing six digits or more to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet web site;

(9)   print an individual's social security number or a portion of it containing six digits or more on materials that are mailed to the individual, unless state or federal law requires the social security number be on the mailed document.

(B)   An entity that collects and uses social security numbers or other personal identifying information as part of the maintenance and reporting of employment records or the administration or provision of employee benefits programs is exempt from the prohibitions in this section.

Section 30-2-320.   Social security numbers and identifying information may be disclosed:

(1)   to another governmental entity or its agents, employees, or contractors, if disclosure is necessary for the receiving entity to perform its duties and responsibilities, including a debt collected pursuant to the Setoff Debt Collection Act, Section 12-56-10, and the Governmental Enterprise Accounts Receivable Collections program, Section 12-4-580. The receiving governmental entity and its agents, employees, and contractors shall maintain the confidential and exempt status of those numbers;

(2)   pursuant to a court order, warrant, or subpoena;

(3)   for public health purposes;

(4)   on certified copies of vital records issued by the Director of the Department of Health and Environmental Control as the State Registrar, pursuant to Section 44-63-30 and authorized officials pursuant to Section 44-63-40. The State Registrar may disclose personal identifying information other than social security number on an uncertified vital record;

(5)   on a recorded document in the official records of the county;

(6)   on a document filed in the official records of the courts.

Section 30-2-330.   (A)   A person preparing or filing a document to be recorded or filed in the official records by the register of deeds or the clerk of court of a county may not include an individual's social

(B)   Notwithstanding Section 30-1-30, or another provision of law, an individual or his attorney-in-fact or legal guardian may request that a register of deeds or clerk of court remove, from an image or copy of an official record placed on a publicly available Internet web site or a publicly available Internet web site used by a register of deeds or court to display public records by the register of deeds or clerk of court, the individual's social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code, or passwords contained in that official record. The request must be made in writing, legibly signed by the requester, and delivered by mail, facsimile, or electronic transmission, or delivered in person to the register of deeds or clerk of court. The request must specify the identification page number that contains the social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code, or passwords to be redacted. The register of deeds or clerk of court has no duty to inquire beyond the written request to verify the identity of an individual requesting redaction. A fee must not be charged for the redaction pursuant to the request.

(C)   A register of deeds or clerk of court immediately and conspicuously shall post signs throughout his offices for public viewing and a notice on any Internet web site or remote electronic site made available by the register of deeds or clerk of court and used for the ordering or display of official records or images or copies of official records a notice, stating, in substantially similar form, the following:

'A person preparing or filing a document for recordation or filing in the official records may not include a social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code, or passwords in the document, unless expressly required by law. An individual has a right to request a register of deeds or clerk of court to

Section 30-2-340.   Any affected individual may petition the court for an order directing compliance with this section. Liability may not accrue to a register of deeds or clerk of court or to his agents for claims or damages that arise from a social security number or other identifying information on the public record."

SECTION   6.   A.     Article 1, Chapter 1 of Title 11 of the 1976 Code is amended by adding:

"Section 1-11-490.   (A)   An agency of this State owning or licensing computerized data that includes personal identifying information shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of this State whose unencrypted and unredacted personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person when the illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the resident. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (C), or with measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

(B)   An agency maintaining computerized data that includes personal identifying information that the agency does not own shall notify the owner or licensee of the information of a breach of the security of the data immediately following discovery, if the personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person.

(C)   The notification required by this section may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it no longer compromises the investigation.

(D)   For purposes of this section:

(1)   'Agency' means any agency, department, board, commission, committee, or institution of higher learning of the State or a political subdivision of it.

(2)   'Breach of the security of the system' means unauthorized access to, and acquisition of, unencrypted or unredacted computerized data that compromises the security, confidentiality, or integrity of personal identifying information maintained by the agency, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure.

(3)   'Personal identifying information' has the same meaning as 'identifying information' in Section 16-13-510(D).

(E)   The notice required by this section may be provided by:

(1)   written notice;

(2)   electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 U.S.C. and Chapter 6 of Title 26 of the 1976 Code;

(3)   substitute notice, if the agency demonstrates that the cost of providing notice exceeds two hundred fifty thousand dollars or that the affected class of subject persons to be notified exceeds five hundred thousand or the agency has insufficient contact information. Substitute notice consists of:

(a)   e-mail notice when the agency has an e-mail address for the subject persons;

(b)   conspicuous posting of the notice on the agency's web site page, if the agency maintains one;

(c)   notification to major statewide media.

(F)   Notwithstanding subsection (E), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal identifying information and is otherwise consistent with the timing requirements of this section is considered to

(G)   A resident of this State who is injured by a violation of this section, in addition to and cumulative of all other rights and remedies available at law, may:

(1)   institute a civil action to recover damages;

(2)   seek an injunction to enforce compliance;

(3)   recover attorney's fee and court costs, if successful.

(H)   A person who violates this section is subject to an administrative fine up to one thousand dollars for each resident whose information was accessible by reason of the breach, the amount to be decided by the department.

(I)   If a business provides notice to more than one thousand persons at one time pursuant to this section, the business shall notify, without unreasonable delay, the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined in 15 U.S.C. Section 1681a(p), of the timing, distribution, and content of the notice."

B.     Chapter 1 of Title 39 of the 1976 Code is amended by adding:

"Section 39-1-90.   (A)   A person conducting business in this State, and owning or licensing computerized data that includes personal identifying information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of this State whose unencrypted and unredacted personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person when the illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the resident. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (C), or with measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

(B)   A person conducting business in this State and maintaining computerized data that includes personal identifying information that the person does not own shall notify the owner or licensee of the information of a breach of the security of the data immediately following discovery, if the personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person.

(C)   The notification required by this section may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it no longer compromises the investigation.

(D)   For purposes of this section:

(1)   'Breach of the security of the system' means unauthorized access to, or acquisition of, unencrypted and unredacted computerized data that compromises the security, confidentiality, or integrity of personal identifying information maintained by the person when illegal use of the information has occurred or is reasonably likely to occur or if use of the information creates a material risk of harm to a resident. Good faith acquisition of personal identifying information by an employee or agent of the person for the purposes of its business is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure.

(2)   'Person' has the same meaning as in Section 37-20-110(10).

(3)   'Personal identifying information' has the same meaning as 'identifying information' in Section 16-13-510(D).

(E)   The notice required by this section may be provided by:

(1)   written notice;

(2)   electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures in Section 7001 of Title 15 U.S.C. and Chapter 6 of Title 11 of the 1976 Code;

(3)   substitute notice, if the person demonstrates that the cost of providing notice exceeds two hundred fifty thousand dollars or that the affected class of subject persons to be notified exceeds five hundred thousand or the person has insufficient contact information. Substitute notice consists of:

(a)   e-mail notice when the person has an e-mail address for the subject persons;

(b)   conspicuous posting of the notice on the web site page of the person, if the person maintains one;

(c)   notification to major statewide media.

(F)   Notwithstanding subsection (E), a person that maintains its own notification procedures as part of an information security policy for the treatment of personal identifying information and is otherwise consistent with the timing requirements of this section is considered to be in compliance with the notification requirements of this section if the person notifies subject persons in accordance with its policies in the event of a breach of security of the system.

(G)   A resident of this State who is injured by a violation of this section, in addition to and cumulative of all other rights and remedies available at law, may:

(1)   institute a civil action to recover damages;

(2)   seek an injunction to enforce compliance;

(3)   recover attorney's fee and court costs, if successful.

(H)   A person who violates this section is subject to an administrative fine in the amount of one thousand dollars for each resident whose information was accessible by reason of the breach, the amount to be decided by the department.

(I)   This section does not apply to a bank or financial institution that is subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act.

(J)   A financial institution that is subject to and in compliance with the federal Interagency Guidance Response Programs for Unauthorized Access to Consumer Information and Customer Notice, issued March 7, 2005, by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision, as amended, is considered to be in compliance with this section.

(K)   If a business provides notice to more than one thousand persons at one time pursuant to this section, the business shall notify, without unreasonable delay, the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined in 15 U.S.C. Section 1681a(p), of the timing, distribution, and content of the notice."

SECTION   7.   Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-725.   (A)   It is unlawful for a person to rummage through or steal another person's household garbage or litter, as defined in Section 44-67-30(4), for the purpose of committing financial identity fraud or identity fraud or identity theft as defined in Sections 16-13-510 and 37-20-110.

(B)(1)   A person that violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more that two hundred fifty dollars for the first violation and one thousand dollars for each subsequent violation.

(2)   A person who knowingly and wilfully violates the provisions of this section is guilty of a Class F felony and, upon conviction, must

(C)   A conviction pursuant to the provisions of this section and the possession of identifying information as defined in Section 16-13-510 is prima facie evidence of financial identity theft pursuant to Section 16-13-510.

(D)   This section does not prohibit a duly constituted officer of the law from performing his official duties in ferreting out offenders or suspected offenders against violating the laws of this State or a county or municipality for the purpose of apprehending the suspected violator. The provisions of this section must not be construed to give an officer any additional rights or powers upon private property but must be construed as preserving only his previous powers."

SECTION   8.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   9.   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   10.   This act is effective July 1, 2006, except that Section 37-20-180(A)(2), (3), (4), and (5), as enacted in Section 2 of this act, becomes effective December 31, 2007, and Section 30-2-310(B)(6), (7), (8), and (9), as enacted in Section 5 of this act, becomes effective July 1, 2007. Sections 3, 4, and 7 of this act apply to

Renumber sections to conform.

Amend title to conform.

Senator THOMAS 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 ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 518.

S. 1059 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND CHAPTER 1, TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, BY ADDING SECTION 19-1-190, RELATING TO AN EXPRESSION OF APOLOGY BETWEEN AND AMONG PARTIES OR POTENTIAL PARTIES TO A CIVIL ACTION, SO AS TO ENCOURAGE A STATEMENT OF APOLOGY BETWEEN A HEALTH CARE PROVIDER, HEALTH CARE INSTITUTION, AND PATIENTS EXPERIENCING AN UNANTICIPATED OUTCOME RESULTING FROM THEIR MEDICAL CARE.

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 (JUD1059.001), which was adopted:

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

/   Carolina Unanticipated Medical Outcome Reconciliation Act'./

Amend the bill further, as and if amended, page 2, by striking line 17 and inserting:

/   (2)   'Designated meeting' means any meeting     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL 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.

S. 910 (Word version) -- Senators Knotts and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-39 SO AS TO REQUIRE NURSES TO WEAR AN IDENTIFICATION BADGE; TO AMEND SECTION 40-33-32, RELATING TO NURSING LICENSURE REQUIREMENTS, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-34, RELATING TO THE SCOPE OF PRACTICE AUTHORIZED FOR VARIOUS LEVELS OF NURSING AND REQUIREMENTS FOR CERTAIN SPECIFIED ACTS OF NURSING, SO AS TO CLARIFY INFORMATION THAT MUST BE PROVIDED BY NURSES WITH PRESCRIPTIVE AUTHORITY WHEN WRITING PRESCRIPTIONS; TO AMEND SECTION 40-33-35, RELATING TO LICENSURE REQUIREMENTS FOR OUT-OF-STATE NURSES, SO AS TO REVISE THE TYPE OF DOCUMENT THAT MUST BE SUBMITTED FOR PROOF OF IDENTITY AND AGE; TO AMEND SECTION 40-33-36, RELATING TO THE ISSUANCE OF NURSING LICENSES, INCLUDING REQUIREMENTS FOR TEMPORARY AND LIMITED LICENSES, SO AS TO ALSO APPLY THESE REQUIREMENTS TO TEMPORARY AND LIMITED LICENSES OF ADVANCED PRACTICE REGISTERED NURSES; TO AMEND SECTION 44-33-40, AS AMENDED, RELATING TO REQUIREMENTS FOR DEMONSTRATING COMPETENCY FOR INITIAL AND RENEWAL LICENSURE, SO AS TO CLARIFY CERTAIN REQUIREMENTS AND TO APPLY CERTAIN OF THESE REQUIREMENTS TO INDIVIDUALS SEEKING REINSTATEMENT OF A LAPSED OR INACTIVE STATUS OR

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

The Committee on Medical Affairs proposed the following amendment (NBD\12468AC06), which was adopted:

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

/SECTION   1.   Chapter 33, Title 40 of the 1976 Code is amended by adding:

"Section 40-33-39.   A licensed nurse must clearly identify himself or herself as officially licensed by the board. A licensed nurse shall wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the nurse's name and title as officially licensed."

SECTION   2.   Section 40-33-32(B)(4) of the 1976 Code, as added by Act 225 of 2004, is amended to read:

"(4)   submits a copy of the applicant's birth certificate or a valid passport issued by the applicant's country of origin satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;"

SECTION   3.   Section 40-33-34(F)(1)(d) of the 1976 Code, as added by Act 225 of 2004, is amended to read:

"(d)   must be signed by the NP, CNM, or CNS with the prescriber's identification number assigned by the board and the DEA number all prescribing numbers required by law. The prescription form must include the name, address, and phone number of the NP, CNM, or CNS and physician and must comply with the provisions of Section 39-24-40. A prescription must designate a specific number of refills and may not include a nonspecific refill indication;"

SECTION   4.   Section 40-33-35 of the 1976 Code, as added by Act 225 of 2004, is amended to read:

"Section 40-33-35.   An applicant for a license who currently holds a current or has held an authorization to practice nursing in another state

(1)   submits a completed application on a form provided by the board;

(2)   submits one 2" x 2" photograph signed and dated;

(3)   submits the appropriate application fee;

(4)   submits a copy of the applicant's birth certificate or a valid passport issued by the applicant's country of origin satisfactory proof of identity and age demonstrating that the applicant is eighteen years of age or older;

(5)   submits a copy of the applicant's social security card or permanent resident card; a resident alien who does not have a social security number must have an alien identification number;

(6)   has not committed any acts that are grounds for disciplinary action;

(7)   has completed all requirements for graduation from a nursing education program approved by the state or jurisdiction in this country or territory or dependency of the United States in which the program is located, as evidenced by a graduation transcript or other proof of education satisfactorily demonstrating graduation as determined by the board. The applicant's education must be equivalent to that required in this State at the time of the applicant's initial licensure in the other jurisdiction. An applicant shall comply with these educational requirements for basic RN licensure and satisfy the requirements of Section 40-33-34 to practice as an APRN.

(8)   submits verification of current or prior authorization to practice as a nurse in another state or jurisdiction or territory or dependency of the United States and that a license:

(a)   has been issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination;

(b)   was not issued on the basis of passing the State Board Test Pool Examination before 1983 or the appropriate National Council Licensure Examination, in which case the applicant shall demonstrate not fewer than three years of successful practice as a licensed nurse in another state or jurisdiction in this country without disciplinary action that resulted in restriction of practice, including probation;

(9)   evidence of continued competency as provided in this chapter;

(10)   whose native language is not English, submits evidence of passing the Test of English as First Language (TOEFL), Test of

SECTION   5.   Section 40-33-36(D) of the 1976 Code, as added by Act 225 of 2004, is amended to read:

"(D)(1)   The board may issue a temporary or limited license to practice nursing, in accordance with this subsection, or as may be provided for in regulation, to an applicant:

(a)   for licensure as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, if the applicant's preliminary credentials have been approved and whose fee has been paid;

(b)   for licensure by endorsement as an advanced practice registered nurse, a registered nurse, or as a licensed practical nurse, for up to sixty days, unless further authorized by the administrator or designee, pending completion and approval of the application, if the applicant has filed an application, paid the fee, and has produced a valid license to practice in another jurisdiction.

(c)   while participating in a refresher course for up to ninety days, unless further authorized by the administrator or designee, when the applicant is seeking reinstatement of a lapsed or an inactive license or licensure by endorsement and must submit evidence of nursing competence before returning to nursing practice.

(2)   An applicant who has failed the licensing examination is not eligible for a temporary permit to practice nursing.

(3)   The board must not issue a limited, temporary, or permanent license to a person licensed in another state who currently has disciplinary action pending against the person in that state or whose license is currently restricted in any way, including probationary status, in that state.

(4)   The board or department may immediately cancel a temporary permit or license that was issued based upon false, fraudulent, or misleading information provided by an applicant."

SECTION   6.   Section 40-33-40 of the 1976 Code, as amended by Act 225 of 2004, is further amended to read:

"Section 40-33-40.   (A)   Demonstration of competency for initial licensure requires documented evidence of the following:

(1)   graduation from an approved nursing education program; and

(2)   successful completion of the NCLEX appropriate to the area of licensure and appropriate credentials for advanced practice registered nursing licensure, if applicable.

(B)   Demonstration of competency for:

(1)   renewal of an active license biennially requires documented evidence of at least one of the following requirements during the licensure period:

(a)   completion of thirty contact hours from a continuing education provider recognized by the board;

(b)   maintenance of certification or re-certification by a national certifying body recognized by the board;

(c)   completion of an academic program of study in nursing or a related field recognized by the board; or

(d)   verification of competency and the number of hours practiced, as evidenced by employer certification on a form approved by the board.

(2)   reinstatement from lapsed or inactive status of five years or less requires documented evidence of at least one of the following within the preceding two years:

(a)   completion of thirty contact hours from a continuing education provider recognized by the board and successful completion of a course in legal aspects approved by the board;

(b)   maintenance of certification or re-certification by a national certifying body recognized by the board;

(c)   completion of an academic program of study in nursing or a related field recognized by the board;

(d)   verification of competency and the number of hours practiced in another jurisdiction where authorized to practice, as evidenced by employer certification on a form approved by the board; or

(e)   successful completion of a refresher course approved by the board.

(3)   reinstatement from lapsed or inactive status of more than five years requires documented evidence of at least one of the following within the preceding two years:

(a)   successful completion of a refresher course approved by the board; or

(b)   successful completion of the NCLEX appropriate to the area of licensure.

(C)   Demonstration of competency for reinstatement from lapsed or inactive status or licensure of a person who holds a current authorization to practice in another state or jurisdiction in this country or territory or dependency of the United States requires documented

(D)   Failure to comply with applicable continued competency requirements results in nonrenewal or denial of the application. A licensee shall maintain all documented evidence of compliance for at least four years. This documented evidence must be presented by the licensee within five business days of request by a representative of the department acting in its discretion or in accordance with a random audit of a sample of licensees. Failure to provide satisfactory documented evidence of compliance within the prescribed time results in the immediate temporary suspension or cancellation of the license pending compliance with all requirements for licensure and until order of the board."

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

Renumber sections to conform.

Amend title to conform.

Senator FAIR 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.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 910.

H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.

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

The Committee on Finance proposed the following amendment (BBM\9404HTC06), which was adopted:

Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:

/ SECTION   1.   In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2005-2006 the following amounts:

(1)   Election Commission

2006 General Election                       $3,125,000

(2)   Department of Education

School Bus Purchases                       26,123,069

(3)   Department of Education

Instructional Materials                       1,855,727

(4)   Department of Education

Governor's School for Science

& Mathematics                           2,000,000

(5)   Department of Education

Governor's School for the Arts

& Humanities                             2,000,000

(6)   Department of Social Services

Automation of Child Support

Enforcement System                       16,500,000

(7)   Educational Television Commission

Education Satellite Service                   1,400,000

(8)   Wil Lou Gray Opportunity School

Window Replacement                         500,000

(9)   The Citadel

Infirmary Roof Repair                       1,500,000

(10)   Coastal Carolina University

College of Natural Science (Nutraceuticals)         250,000

(11)   South Carolina State University

Repair/Renovation                           2,500,000

(12)   State Board for Technical and

Comprehensive Education

Center for Accelerated

Technology Training                       3,000,000

(13)   Vocational Rehabilitation

Roof Repairs                                 575,000

(14)   Vocational Rehabilitation

Parking Facilities Upgrade                       165,000

(15)   State Ports Authority

Harbor Dredging                             2,400,000

(16)   Judicial Department

Technology Upgrades                       1,248,750

(17)   Governor's Office-SLED

Vehicles                                   1,000,000

(18)   Governor's Office-SLED

Datamaster Equipment                       1,920,000

(19)   Attorney General's Office

Technology Savings Initiative         472,000

(20)   Office of Indigent Defense

Information Technology         500,000

(21)   Department of Corrections

Facility Maintenance                       2,500,000

(22)   Department of Corrections

Improvement of Mental Health Services         489,850

(23)   Department of Corrections

Vehicles                                   422,900

(24)   Department of Probation, Parole

& Pardon Services

Sex Offender Monitoring Equipment           200,000

(25)   Department of Juvenile Justice

Intensive Probation & Parole Supervision         67,236

(26)   Department of Juvenile Justice

Re-Open Omega Dorm                       44,166

(27)   Department of Juvenile Justice

Video Conferencing                         155,000

(28)   Department of Juvenile Justice

Vehicles                                   113,400

(29)   Department of Juvenile Justice

Replacement of Dormitory at

Willow Lane or J.G. Richards Campus         2,500,000

(30)   Department of Public Safety

Hwy. Patrol Replacement Trooper Class

Vehicles and Equipment                   3,828,085

(31)   Department of Public Safety

CJA Certification/Registrar                     580,000

(32)   Department of Public Safety

Criminal Justice Academy Renovations         1,000,000

(33)   Department of Public Safety

Replacement of High Mileage

Highway Patrol Vehicles                   3,180,246

(34)   Department of Agriculture

Pee Dee Market Expansion                   750,000

(35)   Department of Natural Resources

Wildlife Law Enforcement Equipment         1,500,000

(36)   Department of Natural Resources

Information Technology Upgrades           1,500,000

(37)   Department of Education

First Steps Early Childhood

Initiative - Pilot Program -

Materials, Grants and Incentives       2,000,000

(38)   Human Affairs Commission

Information Technology Upgrades         134,214

(39)   Workers' Compensation Commission

Computer Database                     50,000

(40)   Department of Insurance

Electronic Document Image

Management & Workflow System       50,000

(41)   Department of Consumer Affairs

Satellite Operations & Call Center         20,400

(42)   Employment Security Commission

SCEIS Implementation                   933,189

(43)   Legislative Printing & Information

Technology Systems

Technology Upgrades                   520,000

(44)   Legislative Printing & Information

Technology Systems

Voice and Data Technology               680,000

(45)   Secretary of State's Office

UCC-Internet Access for Documents       500,000

(46)   Arts Commission

Arts Facility Project                     821,364

(47)   Budget & Control Board

Enterprise Projects (SCEIS)             5,700,000

(48)   Budget & Control Board

Maritime Collection                     2,947,000

(49)   Commission for the Blind

SAP System Implementation                 104,000

Total                                   $102,325,596. /

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Amend title to conform.

The committee amendment was adopted.

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

On motion of Senator RYBERG, with unanimous consent, the provisions of Rule 26B were waived on H. 4812, the Capital Reserve Fund.

S. 1362 (Word version) -- Senators Fair, Thomas, Verdin, Grooms and Anderson: A JOINT RESOLUTION TO ESTABLISH THE R. H. PATTERSON STUDY COMMITTEE TO MAKE A STUDY OF THE LAWS AND REGULATIONS GOVERNING THE SALE OF BEER AND WINE AND THE ALCOHOLIC BEVERAGE CONTROL ACT, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT OF ITS FINDINGS WITH RECOMMENDATIONS FOR STATUTORY AND ADMINISTRATIVE CHANGES BEFORE NOVEMBER 1, 2006, AFTER WHICH THE COMMITTEE TERMINATES.

Senator KNOTTS asked unanimous consent to make a motion to commit the Joint Resolution to the Committee on Judiciary.

There was no objection.

The Resolution was committed to the Committee on Judiciary.

S. 722 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR AND REASONABLE DISCLOSURE BY THE OTHER SPOUSE.

Senator FORD asked unanimous consent to remove his name from the minority report on the Bill.

Senator MALLOY objected.

Senator CAMPSEN spoke on the Bill.

S. 1363 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 35-1-405 OF THE 1976 CODE, RELATING TO THE S.C. UNIFORM SECURITIES ACT OF 2005, FEDERAL COVERED INVESTMENT ADVISER NOTICE FILING REQUIREMENTS, SO AS TO PROVIDE THE CORRECT CITATION; AND TO AMEND SECTION 35-1-702, RELATING TO FEES, SO AS TO PROVIDE THAT THE CORRECT FEE FOR A BROKER-DEALER RENEWAL IS ONE HUNDRED TEN DOLLARS.

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

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4810, THE GENERAL APPROPRIATION BILL.

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

On motion of Senator MARTIN, with unanimous consent, staff members from the Budget and Control Board were authorized as necessary to be in that area behind the rail and further, that committee staff designated by the President Pro Tempore were admitted to the Floor of the Senate Chamber while debate was in progress on H. 4810, the General Appropriation Bill.

Senator LEATHERMAN, Chairman of the Committee on Finance, was recognized to speak on H. 4810.

Senator PEELER, Chairman of the Subcommittee on Public Education (K-12), was recognized to report to the Senate regarding the work of the subcommittee.

Senator COURSON, Chairman of the Subcommittee on Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.

Senator THOMAS, Chairman of the Constitutional and Administrative Subcommittee, was recognized to report to the Senate regarding the work of the subcommittee.

Senator McGILL, Chairman of the Subcommittee on Natural Resources and Economic Development, was recognized to report to the Senate regarding the work of the subcommittee.

Senator ALEXANDER, Acting Chairman (in Senator J. VERNE SMITH's absence) of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.

Senator FAIR, Chairman of the Subcommittee on Corrections and Public Safety, was recognized to report to the Senate regarding the work of the subcommittee.

On motion of Senator LEATHERMAN, with unanimous consent, the Senate Finance Committee Report was adopted.

I abstained from voting on Proviso 73.14, Subsection C, Item 30, subitem (e).

On motion of Senator PEELER, debate was interrupted by the recess.

At 12:24 P.M., on motion of Senator PEELER, the Senate receded from business not to exceed thirty minutes.

The Senate reassembled at 1:25 P.M. and was called to order by the PRESIDENT.

The Senate resumed consideration of the Bill, the question being the second reading of the Bill.

At 1:30 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was present.   The Senate resumed.

Senator KNOTTS proposed the following Amendment No. 24 (DGPROPERTYTAX$1.DOC), which was adopted (#1):

Amend the bill, as and if amended, Part IA, Section 54, LEGISLATIVE DEPARTMENT, page 264, line 11, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,897,546   1,897,546

and

INSERTING:   1,897,545   1,897,545/

Amend the bill further, as and if amended, Part IA, Section 69B, AID TO SUBDIVISIONS - STATE TREASURER, page 334, by inserting after line 5

COLUMN 7   COLUMN 8

/Special Item:

Property Tax Relief Act H. 4449   1   1/

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Senator KNOTTS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

The amendment was adopted.

Senators FAIR and McCONNELL proposed the following Amendment No. 14 (DC VICTIMS ASST NETWORK RESTORATION.DOC), which was adopted (#2):

Amend the bill, as and if amended, Part IA, Section 56C, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, line 05, by:

COLUMN 7   COLUMN 8

/   STRIKING:   12,397,480   41,892

and

INSERTING:   12,355,588   /

Amend the bill further, as and if amended, Part IA, Section 56C, page 283, line 09, by inserting opposite

COLUMN 7   COLUMN 8

SC VAN/   41,892   41,892/

Amend the bill further, as and if amended, Part IB, page 473, Section 56DD, GOVERNOR'S OFFICE, paragraph 59DD.29, by striking the proviso in its entirety, line 34 through page 474, line 2 and inserting

/ 56DD.29.   (GOV: OEPP - Victims' Assistance Network) The Governor's Office of Executive Policy and Programs is directed to transfer $122,032 of the funds carried forward from the prior fiscal year in the Victims' Compensation Fund, to the South Carolina Victim Assistance Network for the purposes as provided in Section 16-3-1410 (F) of the 1976 Code. SCVAN will submit an annual report to the Governor's Office and to the Chairmen of the Senate Finance Committee and House Ways and Means Committee detailing expenditures of the above funds in accordance with the State Office of Victim's Assistance. All such expenditures shall be in accordance with applicable state procurement codes./

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Senator FAIR explained the amendment.

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

Senator ALEXANDER spoke on the amendment.

Senator THOMAS spoke on the amendment.

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 25 (DC BCB FTE CORRECTION.DOC), which was adopted (#3):

Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 316, lines 15-16, by striking opposite

COLUMN 7   COLUMN 8

"/Procurement Manager I"   36,790   36,790

(1.00)   (1.00)/

Amend the bill further, as and if amended, Part IA, Section 63, page 316, lines 17-18, by striking opposite

COLUMN 7   COLUMN 8

"/Administrative Spec"   24,848   24,848

(1.00)   (1.00)/

Amend the bill further, as and if amended, Part IA, Section 63, page 315, by inserting after line 34

COLUMN 7   COLUMN 8

/New Positions

Procurement Manager I"   36,790   36,790

(1.00)   (1.00)

"Administrative Spec"   24,848   24,848

(1.00)   (1.00)/

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Senator THOMAS explained the amendment.

The amendment was adopted.

Senators CAMPSEN, CLEARY, GROOMS, McCONNELL, FORD and RICHARDSON proposed the following Amendment No. 52 (DGEFAFUNDING.DOC), which was withdrawn:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, paragraph 1.3, line 15, by striking line 15 and inserting:

/student cost for the current fiscal year has been determined to be $2,290 $2,367. The additional funds provided for Fiscal Year 2006-2007 are to be distributed in an amount equal to the school district's proportionate share of such funds based on the district's weighted pupil units as a percentage of statewide pupil units as determined

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Senator CAMPSEN explained the amendment.

Senator LEATHERMAN spoke on the amendment.

On motion of Senator CAMPSEN, with unanimous consent, Amendment No. 52 was withdrawn.

Senators GROOMS and McCONNELL proposed the following Amendment No. 39 (DGSCHOOLBUSFUEL3.DOC), which was adopted (#4):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 358, after line 2, by adding an appropriately numbered paragraph to read:

/(SDE: Athletic Event Transportation) Of the funds appropriated to the Department of Education, $1,000 is appropriated to ensure that the policy of the State of South Carolina that the South Carolina High School League may not impose a waiting period on a private school student, if the student is otherwise eligible and attends a private school governed by and participates in activities governed by the South Carolina High School League is monitored and enforced.   /

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Senator GROOMS explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, McCONNELL, LEVENTIS, O'DELL, ALEXANDER, LEATHERMAN, PEELER, McGILL and SETZLER proposed the following Amendment No. 28 (4810B002.JCL.DOC), which was adopted (#5):

Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 375, after line 29, by adding an appropriately numbered paragraph to read:

/   If there are any additional carry forward funds available after all appropriated items contained in this proviso are funded, the next $12,150,000 shall be directed to the State Board of Technical and Comprehensive Education to be used for the Allied Health Initiative./

Amend the bill further, as and if amended, Part IB, page 376, paragraph 1AA.7., line 32, by striking:   /   The next $12,150,000 will be directed to the State Board for Technical and Comprehensive Education for the Allied Health Initiative.     /

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Senator LEATHERMAN moved that the amendment be adopted.

At 2:59 P.M., Senator MCCONNELL assumed the Chair.

The amendment was adopted.

Senator LEATHERMAN proposed the following Amendment No. 42 (LBNELAWAIVER.DOC), which was adopted (#6):

Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 377, paragraph 1AA.7, line 2, by striking /The provisions/ and inserting /The allocations/

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Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Senators McCONNELL and LEATHERMAN proposed the following Amendment No. 49 (DADELEC DAY LOTTERY.DOC), which was adopted (#7):

Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 377, after line 4, by adding an appropriately numbered paragraph to read:

/(Election Day Lottery Sales) Notwithstanding the provisions of Section 59-150-210 of the 1976 Code, the prohibition on selling a

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Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Senator PEELER proposed the following Amendment No. 47 (LBNSUSPEND.DOC), which was adopted (#8)

Amend the bill, as and if amended, Part IB, Section 5N, TECHNICAL & COMPREHENSIVE EDUCATION BOARD, page 386, paragraph 5N.5, line 3, by striking:

/5N.5.   (TEC: Suspend H.4394-Spartanburg Technical & Community Colleges) Of the funds appropriated in Part IA, Section 5N, Program II.A, the provisions of an Act of 2006 bearing Ratification number 200 shall be suspended for the current fiscal year./

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Senator PEELER explained the amendment.

The amendment was adopted.

Senators HUTTO and MATTHEWS proposed the following Amendment No. 50A (4810R017.CBH.DOC), which was adopted (#9):

Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 395, after line 5, by adding an appropriately numbered paragraph to read:

/   8. .(DHHS: Program for All-Inclusive Care for the Elderly) By September 1,2006, the Department of Health and Human Services shall study the feasibility of the expansion of the PACE Program to Orangeburg and Calhoun Counties and report its findings to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee.   /

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Senator MATTHEWS explained the amendment.

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 1 (4810DT33.6.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 33, PROSECUTION COORDINATION COMMISSION, page 433, paragraph 33.6, beginning on line 25, by striking the proviso in its entirety and inserting:

/   33.6.   (PCC: Worthless Check Unit) A Circuit Solicitor may establish, under his direction and control and with the agreement of the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist the victims of these cases in the collection of restitution. The fee schedule shall be fifty dollars for checks up to $500, one hundred dollars for checks $501-$1,000, and one hundred-fifty dollars for checks $1,001 or greater. An amount equal to the allowable administrative costs contained in Section 34-11-70(c) must be added to the fee. All fees, other than court costs and an amount equal to the allowable administrative costs contained in Section 34-11-70(c) which must be remitted to the treasurer for deposit in the county general fund, collected by the Worthless Check Unit in accordance with the fee schedule promulgated under this proviso must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit. All funds collected and deposited in this fund shall be applied first to defray the costs of operation of the Worthless Check Unit with the balance thereof to be used by the Solicitor to pay normal operating expenses of his office. Withdrawals from this account shall be made only at the request of the Solicitor. The funds generated pursuant to this proviso must not be used to reduce the amount budgeted by the county to the Solicitor's office. The Solicitor shall further maintain an account for the purpose of collection and disbursement of restitution of all funds collected for the benefit of the victims of the worthless check. The Worthless Check Unit shall disburse to the victim all restitution collected in connection with the original complaint filed. If the victim

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Senator THOMAS explained the amendment.

Senator HUTTO argued contra to the adoption of the amendment.

Senator KNOTTS spoke on the amendment.

Senator KNOTTS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator THOMAS proposed the following Amendment No. 18 (21179SD06.DOC), which was withdrawn:

Amend the bill, as and if amended, Part IB, Section 53C - Y14 - STATE PORTS AUTHORITY, page 464, by adding an appropriately numbered paragraph immediately after 53C.1. to read:

/   53C.1.___.     (SPA: Financial Plan - Jasper County Terminal Facility)

In order to ensure that adequate resources are in place for the important and time sensitive development of a terminal facility in Jasper County on the Savannnah River by the State Ports Authority, the State Ports Authority shall submit to the State Budget and Control Board by August 1, 2006, a financial plan detailing the anticipated costs and expenses associated with the development of this new terminal facility over the period of its development, including acquisition costs of any real property involved with this development, and including the amount of expenditures of state-appropriated or other public funds during fiscal year 2006-2007 as part of these costs. The financial plan also shall include the source of funds both public and private to meet these costs and expenses over the development life of this project. The Budget and Control Board within ninety days and the General Assembly during its 2007 session must approve this financial plan before the new terminal facility may begin to be developed or contracts entered into for its development. Any changes to this financial plan involving more than five percent of the total development costs must be similarly approved by the Budget and

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Senator THOMAS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

On motion of Senator THOMAS, with unanimous consent, the amendment was withdrawn.

Senator RANKIN asked unanimous consent to make a motion to take up Amendment No. 67 for immediate consideration.

Senator RICHARDSON objected.

Senator FAIR proposed the following Amendment No. 16 (DC SLED VULNERABLE ADULT TECHNICAL.DOC), which was adopted (#10):

Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 475, paragraph 56DD.43, line 32, by striking

/   If S.1116 of 2006 is not enacted into law, the State Law Enforcement Division must lapse all funds, excluding $370,000 /

and inserting

/   If S.1116 of 2006 is not enacted into law, the State Law Enforcement Division must lapse all funds associated with the Vulnerable Adults Investigations Unit, excluding $370,000 /

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Senator FAIR explained the amendment.

The amendment was adopted.

Senator LEATHERMAN proposed the following Amendment No. 26 (DADSCNC BOUNDARY COMM.DOC), which was adopted (#11):

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 494, after line 27, by adding an appropriately numbered paragraph to read:

/(BCB: SC Boundary Commission) There is hereby created the South Carolina Boundary Commission to be composed of seven members as follows: one member appointed by the President Pro Tempore of the Senate; one member appointed by the Speaker of the House of Representatives; one member appointed by the Chairman of the Senate Finance Committee, one member appointed by the Chairman of the House Ways and Means Committee, the Director of the Budget and Control Board's Office of Research and Statistics; the Director of the Department of Natural Resources, or his designee, and the technical advisor of the Geodetic and Mapping Survey Program appointed by the Director of the Office of Research and Statistics who shall serve as the coordinator and chairman of the commission. The purpose of the commission is to work with the North Carolina Boundary Commission to resolve undocumented boundaries between South Carolina and North Carolina. /

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Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Senator FAIR proposed the following Amendment No. 17 (DC HIGH MILEAGE TECHNICAL.DOC), which was adopted (#12):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 527, paragraph 72.105, line 16, by striking

/the provisions of Section 7, Act 156 of 2005 are to be transferred to the Department of Public Safety for use in replacing high-/

and inserting

/the provisions of Section 7, Act 156 of 2005 or Proviso 73.14 of this Act are to be transferred to the Department of Public Safety for use in replacing high-/

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Senator FAIR explained the amendment.

The amendment was adopted.

Senator KNOTTS proposed the following Amendment No. 9 (DC MOTORCYCLE ASSESSMENT RATE.DOC), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 528, after line 13, by adding an appropriately numbered paragraph to read:

/72.___ (GP: Motorcycle Tax Exemption) For the current fiscal year only, a motorcycle, as defined in Title 56, is exempt from ad valorem property taxation by forty percent./

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Senator KNOTTS explained the amendment.

Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.

The PRESIDENT Pro Tempore sustained the Point of Order.

Amendment No. 9 was ruled out of order.

Senators McCONNELL and RICHARDSON proposed the following Amendment No. 53 (DGLEGANDJUDGE.DOC), which was adopted (#13):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 528, after line 13, by adding an appropriately numbered paragraph to read:

/(GP: Legislative and Judicial Salary Study Committee) There is hereby established a committee to review the salaries and make recommendations for the appropriate salary levels of South Carolina's constitutional officers, judges, and legislators. The review shall include, but not be limited to, a comparison of similar positions in other states, including comparable job duties, jurisdictions, workloads/caseloads, etc.

The committee shall be composed of nine members appointed as follows:

(a) four members appointed by the Governor,

(b) one member appointed by the State Treasurer,

(c) two members appointed by the Chief Justice of the Supreme Court,

(d) one member appointed by the President pro Tempore of the Senate,

(e) and one member appointed by the Speaker of the House of Representatives.

The committee shall submit a report to the President pro Tempore of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the Governor by December 31, 2006.

The members of the committee may receive the per diem, mileage, and subsistence as allowed by law for members of state boards, committees, and commissions when engaged in the exercise of their duties as members of the committee. The per diem, mileage, and subsistence shall be paid from the accounts of the appointing authority. Staff support shall be provided by the appointing authority or the Budget and Control Board as necessary./

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Senator RICHARDSON explained the amendment.

The amendment was adopted.

Senator CAMPSEN proposed the following Amendment No. 46 (DGLEFUNDING3.DOC), which was carried over:

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 528, paragraph 73.2, by striking line 29 and inserting:

/general sessions court or in magistrates' or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of the surcharge may be applied towards parking tickets. No       /

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Senator CAMPSEN explained the amendment.

Senator RICHARDSON raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24.

The PRESIDENT Pro Tempore overruled the Point of Order.

Senator CAMPSEN continued explaining the amendment.

On motion of Senator CAMPSEN, with unanimous consent, the amendment was carried over.

Senators KNOTTS and CAMPSEN proposed the following Amendment No. 21 (DGPROPERTYTAX1.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 541, paragraph 73.14, after line 7, by inserting an appropriately numbered item to read:

/Property Tax Relief Act H.4449   $   1; /

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Senator KNOTTS explained the amendment.

Senator LEATHERMAN spoke on the amendment.

At 4:18 P.M., the PRESIDENT assumed the Chair.

Senator LEATHERMAN continued speaking on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

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

Alexander                 Anderson                  Cleary
Drummond                  Elliott                   Gregory
Hayes                     Hutto                     Jackson
Land *                    Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McGill                    Moore
Patterson                 Pinckney                  Rankin

Reese                     Richardson                Sheheen
Short                     Williams

Bryant                    Campsen                   Courson
Cromer                    Fair                      Grooms
Hawkins                   Knotts                    McConnell
Mescher                   Peeler                    Ryberg
Scott                     Setzler                   Thomas
Verdin

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

The amendment was laid on the table.

I voted to table Amendment No. 21 to H. 4810, the General Appropriation Bill, because in my opinion we cannot designate any amount of non-recurring dollars for what could eventually become a large recurring sum. With the very real prospects of having a structural budget deficit for Fiscal Year 08-09 and the fact that any property tax relief in the budget will be yet another growing recurring budget line item, I have no choice but to vote to table this amendment. The Senate is in the process of debating property tax relief and I have given this issue hundreds of hours of time during session and during the interim. In fact, the Senate has gone so far as to put H. 4449 in masthead status, to be debated after we finish the General Appropriation Bill, the highest Calendar status in which the Senate can designate a Bill. My responsibility as Chairman of the Senate Finance Committee is to make sure we pass a budget that is balanced, takes care of the needs of our citizens and is responsible not only for FY 06-07 but responsible to the citizens of South Carolina in future budget years.

Senator VERDIN proposed the following Amendment No. 33 (LBN4CBO.DOC), which was adopted (#14):

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 541, paragraph 73.14, line 20, by inserting:

/(4.1) Funds appropriated to the Department of Education for Adult Education Literacy Community Based Organizations are to be equally distributed among the adult education literacy community based organizations./

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Senator VERDIN explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senators ALEXANDER, THOMAS, LOURIE and CLEARY proposed the following Amendment No. 12 (BEHSAUTISM1.DOC), which was adopted (#15):

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 544, paragraph 14, line 25, by striking the paragraph in its entirety and inserting an appropriately numbered paragraph to read:

/The three million dollars appropriated to the Department of Disabilities and Special Needs, as the agency authorized to treat autistic disorder, shall be designated for a Medicaid pilot project to treat children who have been diagnosed with a pervasive developmental disorder, focusing on the youngest ages feasible for treatment effectiveness. The Department of Disabilities and Special Needs and the Department of Health and Human Services will determine the areas of the State with the greatest need and availability of providers. Children participating in the pilot project will be selected based upon an application system developed in compliance with the Medicaid waiver. Treatment will be provided as authorized and prescribed by the department according to the degree of the developmental disability. In authorizing and prescribing treatment the department may award grants or negotiate and contract with public or

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

Senator RICHARDSON spoke on the amendment.

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

Senator ALEXANDER moved that the amendment be adopted.

The amendment was adopted.

Senators JACKSON and RITCHIE proposed the following amendment (DC HAVA TRAINING.DOC), which was adopted (#16):

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 549, paragraph 73.14, after line 18, by inserting:

/State Election Commission

HAVA Training for Voters                           $500,000/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senator PEELER asked unanimous consent to make a motion to give the Bill a second reading, carrying over all amendments to third reading and, further, waiving the provisions of Rule 26B on third reading.

There was no objection and the Bill was read the second time, carrying over all amendments to third reading and waiving the provisions of Rule 26B on third reading.

Senator PEELER moved that when the Senate adjourns today, the Senate would stand adjourned to meet tomorrow at 10:00 A.M., which motion was adopted.

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

Initial Appointment, Marion County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010

Darryl L. Burns, 1702 Tubello Circle, Apt. H., Marion, S.C. 29571 VICE Levonne Graves

On motion of Senator MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Reverend Marion Cooper McClary of Kingstree, S.C., beloved brother-in-law of Senator MESCHER and Mrs. Kitty Stanley Mescher. Reverend McClary was a retired United Methodist minister, having been a minister for thirty years.

At 4:56 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 10:00 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 1:10 P.M.