Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear words from the Old Testament, Book of Deuteronomy, Chapter 30:9:

"For the Lord will again rejoice over you for good as He rejoiced over your fathers, if you obey the voice of the Lord your God, to keep His commandments, and His statutes which are written in this Book of the Law..."

Let us pray.

Father, teach us that in our modern lives we, too, are still in a wilderness - remove our doubts and fears - and give us a measure of cheer along the way.

Keep us faithful to the voice of God!
Amen!

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

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

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2000, and to expire May 19, 2007

4th Congressional District:

Barry D. Wynn, 138 Turnberry Dr., Spartanburg, S.C. 29306 VICE Keith Munson

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2005, and to expire May 19, 2012

At-Large - Co-op:

Cecil Exum Viverette, 3 Legacy Court, Hilton Head, S.C. 29926-2213 VICE Patrick Theodore Allen

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2004, and to expire July 27, 2007

At-Large - Chairman:

Robert Alan Faith, Greystar Real Estate Partners, LLC, 11 State St., Charleston, S.C. 29401 VICE Charlie Way

Referred to the Labor, Commerce and Industry Committee.

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

Therapist:

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

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2001, and to expire May 19, 2008

Georgetown County:

David A. Springs, 4797 Highway 17 Business, Murrells Inlet, S.C. 29576 VICE Guerry Green

Referred to the Committee on Judiciary Committee.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2006, and to expire May 19, 2013

1st Congressional District:

William A. Finn, 58 Murray Blvd., Charleston, S.C. 29401 VICE Richard Coen

Referred to the Committee on Judiciary.

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

Document No. 3052
Agency: Public Service Commission
SUBJECT: Telecommunications Utilities
Received by Lieutenant Governor May 16, 2006
Referred to Judiciary Committee
Legislative Review Expiration April 22, 2007

Senator PATTERSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.

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

On motion of Senator BRYANT, at 12:05 P.M., Senator VERDIN was granted a leave of absence for today.

On motion of Senator LAND, at 12:05 P.M., Senator DRUMMOND was granted a leave of absence for today.

Senator LEATHERMAN rose for an Expression of Personal Interest.

Mr. PRESIDENT, thank you. Let's see if we can get a little bit of attention in here. I'll be very short. You know when I stand up and say I'll be short, I will be short. For the past three days I've read some articles in The State newspaper starting Sunday, yesterday and this morning. You know in years past I felt that our press, our media, did the very best job they could to put things in perspective, to print the truth, to print things that they could back up and verify. But you know

Let me tell you specifically what I am talking about. I read that our PRESIDENT Pro Tem, Senator McCONNELL, slipped in $2.9 million to buy the Perry Collection--the Confederate collection. Lady, gentlemen of this Senate, let me tell you nothing could be further from the truth than that statement. Some may call that a bald-faced something but I won't call it that. But let me tell you how we got the Perry Collection. I wish Senator DRUMMOND was here today as Senator DRUMMOND was involved. Emmet Davis from Davis and Floyd in Greenwood came to Columbia--this would have been about 2001--and met with Senator DRUMMOND and me. Mr. Davis came in and told us about a collection that he believed the State of South Carolina needed to buy and preserve because it is our heritage; it's our history. I listened to him and his presentation, and it was very credible. When he finished, I said, you know, Senator DRUMMOND, Mr. Davis has made a very compelling case to get the State of South Carolina to buy the collection that Dr. Perry put together. As a matter of fact as best I recall, I think that putting it together virtually broke Dr. Perry. Anyway, one of the banks--I think it was C&S Bank at that time; I'm not positive, but I can go back and check the records and get that for you. Anyway, the bank held a note or a mortgage or whatever it was on this particular collection. Mr. Davis said to Senator DRUMMOND and myself that he really thought that the State of South Carolina should take over this obligation and, in the future, get the collection.

Well, lady and gentlemen, in the 2001 Appropriation Bill we included a proviso that said the State of South Carolina would become obligated for payment of the monies for this collection. In 2002, 2003 and I guess 2004, the State of South Carolina paid the interest to the bank. Last year the economy picked up, and some of us felt it was time for the collection to be purchased and controlled by the State of South Carolina. The Finance Committee bought into it, and you here on the Floor of the Senate bought into it. Now, for someone to allege--and, boy, that's a soft term I'm using there--for someone to allege that Senator McCONNELL slipped this into the Appropriation Bill is one of three things. They either don't know what they are talking about, they

Thank you.

(response to question from Senator Courson)

Senator DRUMMOND, the PRESIDENT Pro Tem Emeritus, at that time met with me and Mr. Emmet Davis in the Senate Finance Office. This was discussed and we felt like this needed to be done to preserve the history of this State and who we are. You know what we preserve as history tells the world who we are, tells the world what we are. I have no apologies. I think the purchase of this collection is one of the greatest investments this State could ever make. For people to try to make something else out of this is just wrong, wrong, wrong.

Thank you.

Senator McCONNELL rose for an Expression of Personal Interest.

Mr. PRESIDENT, Ladies and Gentlemen of The Senate,

I am going to be very brief with you, because I'm not going to bore you with all of the details of THE STATE newspaper's fixation with the Hunley project; but you at least need to know some of the figures.

First of all, I just want to go back and thank the Senator from Florence for his comment because as I recall, THE STATE newspaper made the charge about the Peery Collection or the Southern Maritime Collection -- that I slipped it through The Senate. The Senator from Greenwood called me about the Maritime Collection and flew down to

Now, I go to the rest of these stories, and I don't even know where to begin because some of you kid me about it; but let me start out by saying, first of all, I did not just decline to answer questions on the museum or whatever. I have a policy of not interviewing with Mr. John Monk. I have told him to his face, and I have subsequently confirmed it in a letter to Mr. Monk why I do not interview with him. In 26 years of public service, I think he is probably the only reporter that I have had that kind of unilateral policy with, and I intend to continue it. This recent article confirms that my judgment was real good on him.

Very quickly, let me give you some examples. He says, and I quote, "The Hunley is one of South Carolina's biggest financial undertakings in modern times. Not counting University expansion projects, the Hunley ranks behind only a few large road and bridge projects. It even exceeds the $62 million State House renovation in the 1990s." Listen to that sentence, because all of this is financial to communicate to readers. Ladies and gentlemen of The Senate, to date, y'all appropriated, thanks to the Senator from Greenwood who was the Chairman of the Senate Finance Committee, $3 million for the recovery and the conservation and an additional million dollars the next year. When I became Chairman of the Judiciary Committee and President Pro Tempore -- this article makes it appear that I'm the big paymaster, and there are all kinds of swirling and dealing going on in that office. The most we have gotten since then has been air conditioning money, security upgrade... It falls way short of that. The remainder of the money, $5 million or so (approximately), came from federal funds -- a total of approximately $17 million of which, if you take that 17 of what I gave you, I'll say $8 million is private or additional funding. I don't have the exact figures. I'm not going to bore you with that. It is not a $97 million project, but let me tell you what they are attempting to do -- to generate excitement in the public and questions with you. They took a proposal that Clemson is developing for a restoration institute and lumped it in to the Hunley balance sheet and then took the maximum figure they could for when and if a museum is done and made it appear that state money is almost $100 million. I am just giving you the figures of all that has been spent of state money. This money that supposedly the Budget and Control Board is handing out in buckets to

Secondly, let me just give you a couple more things. He couldn't even get the sinking date right. Here is a reporter who has FOI'd us, read the minutes, been through all of the papers, and couldn't even get the date that the Hunley sank right. He couldn't even get right the funeral date. He has it as April 16, and it was April 17 -- two of the most important dates on the project.
He says more than 85% of projected costs are expected to be paid by taxpayers according to a STATE newspaper analysis. Even if the $100 million was right, which is wrong, the charities raised almost $10 million or $10 million; and over the life of this project, easily they are going to exceed five percent more or $5 million more. If you just stop and have a reality checkup, you will begin to see that this is outcome-based journalism. You reach for things to give you the outcome that you want. I could go on through here. He talks about... to give you a couple of things on the money side. I am not going to bore you with all the other stuff that he got wrong. He makes it appear that we have authorized the transfers of monies from state agency budgets or whatever. Senator from Florence, you know that just did not occur. He makes it appear that we transfer and move money. He says, for instance, that I have protected other Senators. Let me quote this one. This is a good one. "McConnell protected other Senators' pet projects in exchange for favorable votes on Hunley issues." Well, as I just told you, we got most of the money by 2001. Just stop and think about the reality of this thing.

This one, his invention of a story, was one of the most incredible ones, which is really not finances, Senator from Richland, but I have to tell this one. This one is almost funny. "In 2003, McConnell explored having the Hunley's crew's remains lie in state in the State Capitol, an honorary bestowed even upon South Carolinians. None of the Hunley crew members were from South Carolina." He got two things right -- one, that the Hunley crew members weren't from South Carolina.

We lost one of our best people. I never saw in these articles the fact that one of our board members was originally from Michigan. In these articles, he's called "McConnell's friend." I did not know the gentleman until I went out with Admiral Schachte to recruit him to take over the Friends of the Hunley. His name is Warren Lasch. Never knew him. Sat down and talked about him, Senator from Richland. That man signed a credit line personally guaranteeing $2.1 million to make sure that the Hunley came up. He has been the subject, not necessarily by this newspaper... but over the years... This project generates the fixation of quite an array of people. "Money allocated to the Hunley has avoided the usual budget channels." I don't know what's unusual, Senator. We have appropriated money to museums and everything in here. If you just stop and have a reality check on all of this... I could just go down the line here.

Another one. "Clemson has agreed to spend $3 million right away to upgrade the deteriorating Hunley lab." Senators from Greenville, we had your chamber of commerce in there, and I asked them if they needed hard hats because of the debris that might fall on them, as they looked at polished floors and beautiful walls of the facility. Then they go on in these articles... Here is that quote, Senator. You wanted it. "In 2001, McConnell tucked the commitment for a $3.5 million Civil War collection into the state budget without any debate." You could just go down the line and continue. Then it makes it appear that the foundation is not audited. It is audited. A CPA firm audits the books and issues the financial statements that they have. I don't know of a document they don't have. They send to The Senate a FOI request for any and all documents related to the museum in whatever medium. It says, "Under foundation by-laws, McConnell, as Hunley Commission

I'm going to wrap up. I'm not going to spend much more time with this except to tell you that under a contract signed by Clemson, "McConnell retains..." If you notice, the article really seems to be about me -- not about the Hunley. I'm just telling you Senators, with the power that THE STATE newspaper says I have, I should have done a better job, I guess, of getting some operating funds for the Hunley; but under a contract recently signed by Clemson, "McConnell retains tight control of the Hunley project. Clemson professors will have to get McConnell's permission before they can talk to reporters or to scholars

One other thing I just want to give you. You asked me for some financial figures. They attempt to paint that it is a failing project -- that the finances are in bad shape -- dwindling attendance. Let me give you the year-to-year comparisons to date: Tourism, 2005 -- $77,100; 2006 -- $89,000. Unless they went to a different grammar school than I did for mathematics and got taught a different thing, that means an $11,900 increase. On the merchandising sales, we had a decrease from 2005 of $59,602 to $51,823 -- a $7,779 decrease that still leaves you in the net plus at $4,121. So how do you get to spend in the outcome you want? You go back to the year that we had the funeral and the thousands of people that came into Charleston. That will spike that year up. Then, you can trail the years after that; and you can say that you have a declining attendance and make it appear that it is a shaky project and that poor old Clemson is going in there to bail it out, because the Chairman of the Senate Judiciary Committee and the President Pro Tempore of The Senate has all of this going on behind the scenes. The Senator from Florence can tell you, if the Senator from Greenville was here, that project has to go before the Budget and Control Board and the Joint Bond Review Committee, and they haven't even gotten a rear-ending cap from anybody. Apparently, Clemson hasn't finished. We just finished signing the paperwork for it.

I'm not going to take up any more of your time, because The Senate has more valuable things to do, but I don't want y'all to go home and get calls and somebody tell you that we are just pouring out millions of dollars. I don't know what their fixation is over there. I suspect it has

Last year, when I ran for re-election, y'all don't know this. THE STATE newspaper had a great deal of interest in my re-election because they had all of these records; and all of a sudden, I get a call from THE STATE newspaper, and they are telling me that the private money that was raised at the lab to pay the bills of the State should have been deposited back to the State rather than to pay the bills -- that the charity was raising to pay the bills of the State. I thought that was what we wanted to do. But they tried to make it appear that way and put out stories that would... while I was running for re-election. I helped to write the Programmatic Agreement. Certainly I know what that clause says, and when I tried to explain it to the reporter, he said, "Oh no, that's not the way I read it;" and I said, "Well that's the way I wrote it," and I know Dr. Neyland who was on the other side of the bargaining table from me, and we both know why it was put in there; but just suffice it to say, I think it's a great thing. I think it will go on to prosper in the years to come, and I don't have anything to apologize for, but I just want you to know all of this stuff just didn't occur as a result of me being the so-called paymaster or whatever all of that is. It's just so preposterous; but anyway Senator, I will take your question.

Senator from Florence, Senator LEATHERMAN: Thank you, Senator. First of all, I am going from memory. I think there was a figure in one

Senator McCONNELL: Yes, sir. In fact, Archives and History has inventoried it for us, and it has to be secured. You just don't leave it here as a plum to come get in the middle of the night.

Senator LEATHERMAN: Another question. What do you think the people of this State would think of us, of its government, if we put a collection as valuable as apparently that one is -- put it out there -- no security, no protection -- 2:00 in the morning it gets gone. What do you think the people of this State would think of its government, Senator?

Senator McCONNELL: Senator, I would think they would think that we are reckless and negligent, and it wouldn't surprise me to see an article from that newspaper. Why didn't they protect it? Why didn't they take some steps? Why did they leave it in that warehouse? They wanted it too close to the Hunley.

Senator LEATHERMAN: Senator, that's exactly where I was going. I think that newspaper would have been at the forefront of saying, Look how derelict The Senate, The House, SLED, the entire State, the government -- to allow something this valuable, with our history involved -- to allow it to get gone. One other question I will ask you. I think there is an awful lot of good things that will come out of this agreement with Clemson. I think a tremendous amount. Did THE STATE newspaper even attempt to dig in there and see what maybe would come out of this arrangement -- would come out of the work that the lab is doing on the Hunley -- the development of new techniques that would take the rust off the bridges? Senator, isn't that worth untold millions and millions of dollars?

Senator McCONNELL: I suspect Clemson knows what they are doing, number one, but I can't look into the head of THE STATE newspaper. It's so hard; the facts don't even sink in there. Clemson is being slammed. You ask, what is the agenda with that? If we pass the Life Sciences Act and try to engage in high tech applied science, etc., why would you slam them like that? Again, if you read the article... While

Senator LEATHERMAN: One final question, and I will let you get down. I know you want to 'cause you told us you would be brief when you got up there. Senator, the Life Sciences Act... The General Assembly passed that. It goes out to the research universities for research, does it not? When they get money out for the Life Sciences Bond Bill, Life Sciences Act, don't they have to match that one for one? So, any money that Clemson or any other research university gets, and for a reporter to take the total of those dollars and say it's tax dollars, don't you think that reporter either one of two things -- doesn't understand what tax dollars are or secondly, deliberately tries to skew the article that they present to the people?

Senator McCONNELL: Seems to use different mathematical tables and addition and subtraction than you and I use. But you notice they try to put $42 million over on the Hunley balance sheet and then make the people believe all of that was spent on the Hunley, and people just need to know... I apologize for having to take your time. Y'all have been kidding me in the hall; but Senator from Pickens, I've just never seen anything like it. I don't think in your lifetime have you ever seen a newspaper devote that many pages to one thing. Think about it. I have told that reporter, on seatbelts... Remember the seatbelt stories he wrote on me till somebody wrote in to the newspaper about it. I told him right over at that rail, when he said something about people dying because of my opposition. I looked him straight in the face, and I said, "I do not believe you are objective enough to fairly report my comments." A couple of days later, he tried to ask me some questions; and I said, "Didn't you understand what I told you?" He said, I have every right; and I said "I have every right to refuse." Then he writes this letter to me and in it he says that he will meet me anywhere any time... "Perhaps I can ride in your car to or from Columbia." I'm not going to ride in the car with him and talk about the Hunley.

Senator MARTIN: Senator, I think it goes without saying that all of us admire your passion and your commitment to this part of the history of South Carolina. Do you realize, and I think I speak for all the members of The Senate, that we all have the utmost confidence in you and your integrity and your ability to lead this Senate and our Judiciary

Senator McCONNELL: Thank you, sir. I appreciate that.

Senator LAND: As I said in that particular article, I have great admiration for what you have done with the Hunley, and I would venture to say that if it wasn't for your efforts and for your ability to bring people together including funding the Hunley, it would be sitting out in the ocean right now, and we would not have that artifact for the State of South Carolina, and I think history will prove that you have done something really great and really unique for the State of South Carolina. One thing you mentioned about the three and one-half million dollars for the collection... I remember debating it right here. We discussed that, and you were very silent other than trying to explain when we asked questions about it... I think it passed unanimously after discussion, and it was thought that it was an investment in the State of South Carolina, so it certainly wasn't tucked away in there or hidden, because it was public discussion in this body and, of course, it got reading... But anyway, I wanted you to know that I have served here with you for 26 years; and I have known you are one who has been more of a stickler for ethical conduct, ethical methods, etc. for doing things right and making them appear right. I commend you for what you have done, and I wish you well with the Hunley, and don't lessen your efforts at all.

Senator McCONNELL: Thank you, sir, and I won't. My regret is that the Senator from Greenwood is not here, because he was Chairman of the Finance Committee when I went to him with this project, and John Drummond had the foresight, the insight, to see that it was a good thing and supported that venture out there, and I just wish he were here today so we could tell the story of him, Emmett Davis, the Senator from Florence and myself. Back in 2002 when THE STATE newspaper blasted us over the Peery Collection, we were laughing that if the four of us could have gone out and floated alone and bought that, we could have made millions and for them to insinuate that it was a bad bargain or whatever... I wanted to make sure that I showed you this did not come from the newspaper's website. It came from a website because you see, before that funeral got here, the stories they planted about me retreating, etc. started to excite some of the far rights, and then my insistence that the U. S. flag would be in the march ended up causing us

Thank you for your indulgence and your time. I just wanted to straighten those figures out with you.

On motion of Senator ALEXANDER, with unanimous consent, the remarks of Senators LEATHERMAN and McCONNELL were ordered printed in the Journal.

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

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 on Transportation and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1413 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO COMMEND AND THANK MRS. JULIE MERGO, STATE CAPITOL PARKING FACILITIES ADMINISTRATOR, FOR HER DEDICATED AND LOYAL SERVICE TO THE STATE OF SOUTH CAROLINA AND FOR HER MANY INNOVATIVE ACCOMPLISHMENTS UPON THE OCCASION OF HER RETIREMENT.
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The Senate Resolution was adopted.

S. 1414 (Word version) -- Senator Courson: A SENATE RESOLUTION TO CONGRATULATE AND HONOR THE REVEREND MONSIGNOR CHARLES H. ROWLAND, P. A., PASTOR OF THE CATHOLIC CHURCH OF SAINT JOSEPH IN COLUMBIA, FOR FIFTEEN YEARS OF TRULY DEDICATED SERVICE TO HIS PARISHIONERS, FELLOW CLERGY, AND COMMUNITY AND WISH HIM ALL THE BEST IN HIS NEW ASSIGNMENT.
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The Senate Resolution was adopted.

S. 1415 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO COMMEND MR. ROBERT W. JOHNS, DIRECTOR OF MARKETING FOR NUCOR STEEL CORPORATION, ON HIS DISTINGUISHED CAREER SERVING THE MEN AND WOMEN OF NUCOR STEEL, AND TO COMMEND HIM FOR HIS UNWAVERING ADVOCACY AND BELIEF IN THE AMERICAN MANUFACTURING SECTOR, AND TO EXTEND TO HIM EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.
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The Senate Resolution was adopted.

S. 1416 (Word version) -- Senator Knotts: A SENATE RESOLUTION CONGRATULATING JUSTIN NICHOLS ATRIA OF IRMO, SOUTH CAROLINA, FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT, COMMENDING HIM FOR HIS HARD WORK

The Senate Resolution was adopted.

S. 1417 (Word version) -- Senator Knotts: A SENATE RESOLUTION CONGRATULATING JOSHUA DASILVA ATRIA OF IRMO, SOUTH CAROLINA, FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, COMMENDING HIM ON HIS HARD WORK AND PERSEVERANCE, AND WISHING HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1418 (Word version) -- Senator Fair: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, NOVEMBER 30, 2006, AND FRIDAY, DECEMBER 1, 2006, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
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The Senate Resolution was introduced and ordered placed on the Calendar without reference.

S. 1419 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO RECOGNIZE THE FIFTIETH ANNIVERSARY OF THE FEDERAL INTERSTATE HIGHWAY SYSTEM AND THE VITAL IMPACT IT HAS ON OUR STATE, ECONOMY, SECURITY, AND THE QUALITY OF LIFE OF OUR CITIZENS.
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On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 1420 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH

Read the first time and, on motion of Senator HAYES, S. 1420 was ordered placed on the Local and Uncontested Calendar.

S. 1421 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-8-610 SO AS TO REQUIRE WITHHOLDING FOR INDIVIDUAL INCOME TAX PURPOSES AT THE RATE OF SEVEN PERCENT ON ALL PAYMENTS NOT OTHERWISE SUBJECT TO OR EXEMPTED FROM STATE INCOME TAX WITHHOLDING, TO PROVIDE EXEMPTIONS FROM THIS ADDITIONAL WITHHOLDING REQUIREMENT, AND TO PROVIDE A PENALTY FOR VIOLATIONS.
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Read the first time and referred to the Committee on Finance.

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

Read the first time and, on motion of Senator ALEXANDER, with unanimous consent, S. 1422 was ordered placed on the Calendar without reference.

S. 1423 (Word version) -- Senator Ford: A JOINT RESOLUTION TO PROVIDE THAT THE IMPOSITION OF THE MOTOR FUELS USER FEE PURSUANT TO CHAPTER 28, TITLE 12 OF THE 1976 CODE IS SUSPENDED EFFECTIVE JULY 1, 2006, THROUGH THE EARLIER OF SEPTEMBER 30, 2006, OR THE DATE ESTIMATED

Senators FORD, ELLIOTT, KNOTTS and RYBERG spoke on the Resolution.

Senator FORD asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator LEATHERMAN objected.

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

S. 1424 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO RECOGNIZE AND HONOR HARRIET EASLER OF LEXINGTON COUNTY FOR HER OUTSTANDING COMMITMENT AND DEDICATION TO THE EDUCATION OF SOUTH CAROLINA'S YOUTH AND TO WISH HER ALL THE BEST UPON HER RETIREMENT FROM LEXINGTON ELEMENTARY SCHOOL.
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The Senate Resolution was adopted.

S. 1425 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO MANDATE NEWBORN SCREENING TESTING FOR SEVERE COMBINED IMMUNODEFICIENCY TO REDUCE THE NUMBER OF SENSELESS DEATHS ASSOCIATED WITH A LATE DIAGNOSIS OF THIS OFTEN DEADLY DISEASE.
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Senator LOURIE spoke on the Resolution.

On motion of Senator LOURIE, with unanimous consent, the Concurrent Resolution was adopted and ordered sent to the House.

H. 3187 (Word version) -- Reps. Rice, Owens, Loftis, Vaughn, G. R. Smith, Hinson, Viers and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO ESTABLISH THE SOUTH CAROLINA VIRTUAL CHARTER SCHOOL DISTRICT, PROVIDE THAT IT MUST BE GOVERNED BY A BOARD OF TRUSTEES, PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR THE STUDENTS' SUPERVISION AND THE STUDENTS' DUTIES, PROVIDE FOR THE DISTRICT'S TEACHERS AND FUNDING, PROVIDE A TAX CREDIT FOR AN INDIVIDUAL OR A CORPORATION THAT MAKES A DONATION TO THE DISTRICT, PROVIDE THAT THE DISTRICT MAY NOT LEVY ADDITIONAL TAXES OR ISSUE BONDS WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY, AND PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT MAY PROMULGATE REGULATIONS.

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

H. 3996 (Word version) -- Reps. Cato, Chellis, Tripp, Scarborough and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO AMEND SECTION 38-13-400, RELATING TO THE REPORT REQUIRED TO BE FILED DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE; TO AMEND SECTION 38-13-410, RELATING TO REPORTING AN INSURER'S ACQUISITIONS OR DISPOSITIONS OF ASSETS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-13-420, RELATING TO REPORTING NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS, SO AS TO ADD HEALTH MAINTENANCE

Senator THOMAS spoke on the Bill.

Read the first time and, on motion of Senator THOMAS, with unanimous consent, H. 3996 was ordered placed on the Calendar without reference.

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

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

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

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

H. 4932 (Word version) -- Reps. Cotty and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 152 OF TITLE 59 SO AS TO PROVIDE FOR A FULL-DAY, FOUR-YEAR-OLD PREKINDERGARTEN PROGRAM FOR AT-RISK CHILDREN TO BE ADMINISTERED BY FIRST STEPS, TO PROVIDE FOR THE CURRICULUM, TO PROVIDE FOR THE COLLECTION OF DATA REGARDING THE PROGRAM, TO PROVIDE FOR AN EVALUATION FOR THE PROGRAM, AND TO PROVIDE THAT THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES SHALL PROMULGATE REGULATIONS; AND TO DESIGNATE

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

H. 5075 (Word version) -- Reps. McLeod, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2006 AS MENTAL HEALTH MONTH IN SOUTH CAROLINA TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

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

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

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

H. 5122 (Word version) -- Reps. Davenport, Townsend, Bailey, Mitchell, Anderson, Clyburn, Dantzler, Emory, Harvin, Hayes, Limehouse, McLeod, J. M. Neal, Ott, Owens and Skelton: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA CREDIT UNION LEAGUE AND SOUTH CAROLINA CREDIT UNIONS FOR THEIR SUPPORT AND PARTICIPATION IN THE NATIONAL CHILD IDENTIFICATION PROGRAM IN WHICH KITS ARE DISTRIBUTED THROUGH LOCAL SCHOOLS TO FAMILIES TO HELP ENSURE THE SAFE RETURN OF LOST AND MISSING CHILDREN.

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

H. 5123 (Word version) -- Reps. G. M. Smith, Weeks, Coates, J. H. Neal and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 15 IN SUMTER COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 378 TO ITS INTERSECTION WITH THE SUMTER/LEE COUNTY LINE THE "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "SOUTH CAROLINA CHIEF JUSTICE ERNEST A. FINNEY, JR. HIGHWAY".

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

H. 5129 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE BROOME HIGH SCHOOL BOYS TRACK TEAM OF SPARTANBURG COUNTY ON CAPTURING THE 2006 AA STATE CHAMPIONSHIP AND TO HONOR ITS ATHLETES AND COACHES ON AN OUTSTANDING SEASON.

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

H. 5138 (Word version) -- Reps. Weeks, G. M. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan,

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

The House returned the Bill with amendments.

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

Columbia, S.C., May 16, 2006

Mr. President and Senators:

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

asks for a Committee of Conference, and has appointed Reps. Cooper, Young and Kirsh to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

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

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 House returned the Resolution with amendments.

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

Columbia, S.C., May 16, 2006

Mr. President and Senators:

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

H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.
asks for a Committee of Conference, and has appointed Reps. Cooper, Young and Kirsh to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

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

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

Columbia, S.C., May 9, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. M.A. Pitts, Rhoad and Umphlett to the Committee of Conference on the part of the House on:

H. 4165 (Word version) -- Reps. M.A. Pitts, Rhoad, Umphlett, E.H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. M.A. Pitts, Witherspoon and Agnew to the Committee of Free Conference on the part of the House on:

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND

Received as information.

Columbia, S.C., May 11, 2006

Mr. President and Senators:

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

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE

Received as information.

H. 3402 (Word version) -- Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST; TO AMEND SECTION 8-13-1333, RELATING TO CAMPAIGN FINANCE, TO PROHIBIT SOLICITATION OF CONTRIBUTIONS BY LEGISLATIVE SPECIAL INTEREST CAUCUSES BUT TO PERMIT SOLICITATION OF OTHER FUNDS AND TO ESTABLISH REQUIREMENTS FOR FUND SOLICITATION AND USE OF THOSE FUNDS AND TO ESTABLISH REQUIREMENTS TO MAINTAIN FINANCIAL RECORDS; AND TO AMEND SECTION 2-17-110, RELATING TO ACTS PROHIBITED BY LOBBYISTS AND LOBBYISTS' PRINCIPALS TO PROHIBIT FINANCIAL

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

A message was sent to the House accordingly.

Columbia, S.C., May 10, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.285, H. 3184 by a vote of 49 to 58:

(R285, H3184 (Word version)) -- Reps. Harrison, G.R. Smith, Whipper, Cato, G.M. Smith and Weeks: AN ACT TO AMEND SECTION 1-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND ORDERS OF THE STATE HUMAN AFFAIRS COMMISSION, SO AS TO PROVIDE FOR APPEAL OF A COMMISSION DECISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, AS AMENDED, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IN A CONTESTED CASE IS BY A PREPONDERANCE OF THE EVIDENCE EXCEPT IN A CONTESTED CASE INVOLVING THE DETERMINATION OF A CERTIFICATE OF NEED FOR NEW OPEN HEART SURGERY SERVICES WHEN A LEGALLY CONCLUSIVE PRESUMPTION IS CREATED IN FAVOR OF APPROVAL WHEN CERTAIN CIRCUMSTANCES ARE MET; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND SECTION 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE

Received as information.

Columbia, S.C., May 9, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.277, S. 800 by a vote of 90 to 14:

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

Received as information.

Columbia, S.C., May 10, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.282, S. 1352 by a vote of 17 to 0:

(R282, S1352 (Word version)) -- Senators Knotts, Cromer, Courson and Setzler: AN ACT TO PROVIDE THAT A PUBLIC SAFETY OFFICER WITH THE LEXINGTON COUNTY HEALTH SERVICES DISTRICT MAY RECEIVE TRAINING AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 16, 2006

Mr. President and Senators:

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

H. 4428 (Word version) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn,

Received as information.

S. 197 (Word version) -- Senators Grooms and Campsen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF US HIGHWAY 17 NORTH FROM ITS INTERSECTION WITH VENNING ROAD TO THE INTERSECTION OF SEWEE ROAD IN CHARLESTON COUNTY THE "SWEETGRASS BASKET MAKERS HIGHWAY" AND TO ERECT APPROPRIATE SIGNS WHICH CONTAIN THE WORDS "SWEETGRASS BASKET MAKERS HIGHWAY" ALONG THIS PORTION OF HIGHWAY.

Returned with concurrence.

Received as information.

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".

Returned with concurrence.

Received as information.

S. 1402 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT NUMBER 55 ALONG INTERSTATE HIGHWAY 77 IN CHESTER COUNTY THE "SOLICITOR JOHN R. JUSTICE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SOLICITOR JOHN R. JUSTICE INTERCHANGE".

Returned with concurrence.

Received as information.

S. 1411 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR STAFF SERGEANT ROBERT O. BROWN OF IRMO WHO WAS AWARDED THE BRONZE STAR FOR EXCEPTIONALLY MERITORIOUS SERVICE AND HEROIC ACTIONS DURING OPERATION IRAQI FREEDOM.

Returned with concurrence.

Received as information.

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

H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-166 SO TO ESTABLISH DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (JUD3665.001) proposed by Senators FORD and HUTTO and printed in the Journal of April 13, 2006.

Senator HUTTO explained the amendment.

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

Senators COURSON, KNOTTS, McCONNELL, VERDIN, HUTTO and FORD proposed the following amendment (3665R001.JEC), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 1 and inserting:

/   Labor Day, Veterans Day, Memorial Day, Confederate Memorial Day, Martin Luther King, Jr. Day, and Thanksgiving, all     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

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

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

Senator SHORT proposed the following amendment (4481R002.LHS), which was adopted:

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

/     SECTION   1.   Section 57-23-800 of the 1976 Code, as added by Act 17 of 1999, is amended to read:

"Section 57-23-800.   (A)   The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements: at its discretion. However, before it implements a project pursuant to this section, the department must consult with the local governmental authority that has jurisdiction over the portion of highway subject to the vegetation management project.

(1)   a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.

(2)   a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.

(3)   an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.

(B)   The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.

(C)   The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.

(D)   If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

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

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

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

Senator RYBERG spoke on the Bill.

Senator RYBERG proposed the following amendment (3882R003.WGR):

Amend the bill, as and if amended, page 2, by striking lines 1- 4 and inserting:

/     the plate to the applicant. The department may not register a license plate that has a sequence of numbers, letters, or other characters identical to any other license plate already issued by the department. The applicant may only use the special license plate on the vehicle with which the license plate registration corresponds.       /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator LEVENTIS objected to further consideration of the Bill.

H. 3588 (Word version) -- Reps. Whipper, Sinclair, J.H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W.D. Smith, Taylor, Walker, Bailey and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

Senator MARTIN made a motion to set the Bill for Special Order.

The question then was the motion to make the Bill a Special Order.

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

Alexander                 Bryant                    Campsen
Cleary                    Cromer                    Elliott
Fair                      Grooms                    Hawkins
Hayes                     Lourie                    Martin
Mescher                   O'Dell                    Peeler
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Williams

Hutto                     Land                      Leventis
Malloy                    Matthews                  McConnell
McGill                    Patterson                 Rankin

The Bill was made a Special Order.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, Anderson and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF A TAX MUST BE LEVIED TO PAY FOR A DEFICIENCY OF THE PRECEDING YEAR, ANY CATASTROPHIC EVENT OUTSIDE THE CONTROL OF THE GOVERNING BODY, OR COMPLIANCE WITH A COURT ORDER OR DECREE, THE AMOUNT OF TAX PAID BY A TAXPAYER MUST BE LISTED ON THE TAX STATEMENT AS A SEPARATE SURCHARGE AND NOT INCLUDED WITH A GENERAL MILLAGE INCREASE; AND PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF THIS STATE, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT, EXCEPT IN CERTAIN CIRCUMSTANCES, A SCHOOL DISTRICT, COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, PUBLIC SERVICE DISTRICT, OR POLITICAL SUBDIVISION OF THE STATE MUST LIMIT AN INCREASE IN ITS MILLAGE RATE TO NO MORE THAN THE AVERAGE OF THE PERCENTAGE INCREASES IN THE TOTAL PERSONAL INCOME GROWTH IN THE STATE FOR EACH OF THE THREE PREVIOUSLY COMPLETED CALENDAR YEARS FOR WHICH

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

On motion of Senator MARTIN, the Resolution was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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

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

Senator CAMPSEN proposed the following Amendment No. 1 (JUD3977.001), which was tabled:

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

/   SECTION   1.   Title 23 of the 1976 Code is amended by adding:

Section 23-23-10.   (A)   In order to insure the public safety and general welfare of the people of this State, and to promote equity for all segments of society, a program of training for law enforcement officers and other persons employed in the criminal justice system in this State is hereby proclaimed and this chapter must be interpreted to achieve these purposes principally through the establishment of minimum and advance standards in law enforcement selection and training.

(B)   It is the intent of this chapter to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this chapter, and these minimum standards may not be considered sufficient or adequate in cases where higher standards have been

(C)   It is the intent of the General Assembly in creating a law enforcement training facility, the Law Enforcement Training Division, and the Law Enforcement Training Council to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service, all of which are imperative to upgrading law enforcement to professional status.

(D)   Upon the signature of the Governor, all functions, duties, responsibilities, accounts, and authority statutorily exercised by the Criminal Justice Academy Division of the Department of Public Safety are transferred to and devolved upon the Law Enforcement Training Division and the Law Enforcement Training Council as set forth in this chapter.

(E)   As contained in this chapter:

(1)   'Law enforcement officer' means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.

(2)   'Division' means the South Carolina Law Enforcement Training Division created by this chapter.

(3)   'Council' means the South Carolina Law Enforcement Training Council created by this chapter.

Section 23-23-20. There is created the South Carolina Law Enforcement Training Division. The division shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system. Correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the division. Administration of the division must be vested in a director who is appointed by the Governor with the advice and consent of the Senate. The term of office for the first appointment must begin on January 1, 2007, and last for a term of two years. The term of

Section 23-23-30.   (A)   There is hereby created the South Carolina Law Enforcement Training Council consisting of the following eleven members:

(1)   the Attorney General of South Carolina;

(2)   the Chief of the South Carolina Law Enforcement Division;

(3)   the Director of the South Carolina Department of Probation, Parole and Pardon Services;

(4)   the Director of the South Carolina Department of Corrections;

(5)   the Director of the South Carolina Department of Natural Resources;

(6)   the Director of the South Carolina Department of Public Safety;

(7)   one chief of police from a municipality having a population of less than ten thousand. This person must be appointed by the Governor for a term of four years;

(8)   one chief of police from a municipality having a population of more than ten thousand. This person must be appointed by the Governor for a term of four years;

(9)   one county sheriff from a county with a population of less than seventy-five thousand. This person must be appointed by the Governor for a term of four years;

(10)   one county sheriff from a county with a population of more than seventy-five thousand. This person must be appointed by the Governor for a term of four years; and

(11) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail. This person must be appointed by the Governor for a term of four years.

(B)(1)   The members provided for in subitems (A)(1) through (A)(6) above shall be ex officio members with full voting rights.

(2)   The members provided for in subitems (A)(7) through (A)(11) above shall serve their stipulated terms beginning January 1, 2007.

In the event that a vacancy arises, it must be filled for the remainder of their term by appointment or election and confirmation of the original authority granting membership on the basis of the above referenced criteria.

(C)   The council shall meet for the first time within ninety days after January 1, 2007, and shall elect one of its members as chairperson and one of its members as vice chairperson. These officers shall serve a term of one year and may be reelected. After the initial meeting, the council shall meet at the call of the chairperson, or at the call of the majority of the members of the council, but it shall meet no fewer than four times a year.

(D)   Members of the council shall serve without compensation. A council member who terminates his office or employment which qualifies him for appointment shall immediately cease to be a member of the council.

(E)   The council shall establish standards for the:

(1)   training of all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system, including approval of the training curriculum utilized by the division;

(2)   certification of all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system, including suspension, revocation, or restriction of the certification; and

(3)   mandatory continued training of all certified officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system.

Section 23-23-40.   No law enforcement officer employed or appointed on or after July 1, 1989, by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the Law Enforcement Training Division, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the division; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the

(1)   military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time; or

(2)   in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period; or

(3)   upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this chapter or by standards set by the council; or

(4)   if it is determined by documentary evidence that the training will result in undue hardship to the requesting agency, the requesting agency must propose an alternate training schedule for approval.

Notwithstanding another provision of law, in the case of a candidate for certification who begins one or more periods of state or federal military service within one year after his date of employment or appointment, the period of time within which he must obtain the certification required to become a law enforcement officer is automatically extended for an additional period equal to the aggregate period of time the candidate performed active duty or active duty for training as a member of the National Guard, the State Guard, or a reserve component of the Armed Forces of the United States, plus ninety days. The director of the division must take all necessary and proper action to ensure that a candidate for certification as a law enforcement officer who performs military service within one year of his employment or appointment is not prejudiced in obtaining certification as a result of having performed state or federal military service.

Section 23-23-50.   (A)   A law enforcement officer who is Class 1-LE certified in this State is required to complete Continuing Law Enforcement Education Credits (CLEEC) in domestic violence each year of a three-year recertification period. The number of required annual CLEEC hours in domestic violence shall be determined by the Law Enforcement Training Council but must be included in the forty CLEEC hours required over the three-year recertification period. The training must be provided or approved by the Law Enforcement Training Division and must include, but is not limited to, the following curriculum: responding to crime scenes, Fourth Amendment issues, incident report writing, mutual restraining orders, orders of protection, determining primary aggressors, dual arrests, victim and offender dynamics, victims' resources, victims' rights issues, interviewing techniques, criminal domestic violence courts, victimless prosecution, offender treatment programs, and recognizing special needs populations.

(B)   The Law Enforcement Training Council shall develop guidelines to provide for an exemption from the requirement of certain Class 1-LE certified law enforcement officers whose job responsibilities may not include responding to domestic violence cases from completing CLEEC hours in domestic violence each year. The request for an exemption must be made by the chief executive officer of the law enforcement officer's employing agency. A waiver or exemption from domestic violence training must not reduce the forty CLEEC hours required over the three-year period.

Section 23-23-60.   (A)   At the request of any public law enforcement agency of this State the Law Enforcement Training Division is hereby authorized to issue certificates and other appropriate indicia of compliance and qualification to law enforcement officers or other persons trained under the provisions of this chapter. Members of the Law Enforcement Training Council may individually or collectively visit and inspect any training school, class, or academy dealing with present or prospective law enforcement officers, and are expected to promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication. The council may make recommendations to the director of the division, the General Assembly, or to the Governor regarding the carrying out of the purposes, objectives, and intentions of this chapter or other acts relating to training in law enforcement.

(B)   All city and county police departments, sheriffs' offices, state agencies, or other employers of law enforcement officers having such officers as candidates for certification shall submit to the director of the division, for his confidential information and subsequent safekeeping, the following:

(1)   an application under oath on a format prescribed by the director;

(2)   evidence satisfactory to the director that the candidate has completed high school and received a high school diploma, equivalency certificate (military or other) recognized and accepted by the South Carolina Department of Education or South Carolina special certificate;

(3)   evidence satisfactory to the director of the candidate's physical fitness to fulfill the duties of a law enforcement officer including:

(a)   a copy of his medical history compiled by a licensed physician or medical examiner approved by the employer;

(b)   a certificate of a licensed physician that the candidate has recently undergone a complete medical examination and the results thereof;

(4)   evidence satisfactory to the director that the applicant has not been convicted of any criminal offense that carries a sentence of one year or more or of any criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction;

(5)   evidence satisfactory to the director that the candidate is a person of good character. This evidence must include, but is not limited to:

(a)   certification by the candidate's employer that a background investigation has been conducted and the employer is of the opinion that the candidate is of good character;

(b)   evidence satisfactory to the director that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections) in any county with a prison system that borders another state may hold a valid current driver's license issued by any jurisdiction of the United States;

(c)   evidence satisfactory to the director that a local credit check has been made with favorable results;

(d)   evidence satisfactory to the director that the candidate's fingerprint record as received from the Federal Bureau of Investigation and South Carolina Law Enforcement Division indicates no record of felony convictions.

In the director's determination of good character, the director shall give consideration to all law violations, including traffic and conservation law convictions, as indicating a lack of good character. The director shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at a determination of good character;

(6)   a copy of the candidate's photograph;

(7)   a copy of the candidate's fingerprints;

(8)   evidence satisfactory to the director that the candidate's present age is not less than twenty-one years. This evidence must include a birth certificate or another acceptable document;

(9)   evidence satisfactory to the director of successful completion of a course of law enforcement training as established and approved by the council, and conducted at an academy or institution approved by the director, this evidence to consist of a certificate granted by the approved institution.

(C)   A certificate as a law enforcement officer issued by the division will expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency.

(D)   The director of the division may accept for training as a law enforcement officer an applicant who has met requirements of subsections (B)(1) through (B)(8).

Section 23-23-70.   (A)   A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof must be issued a certificate as a law enforcement officer pursuant to Section 23-23-60 if that person completes the legal course for Class I certified officers taught by the Law Enforcement Training Division. This provision applies to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three-year break in service who subsequently is appointed chief of a municipal department by the governing body thereof.

(B)   A retired South Carolina law enforcement officer must be issued a certificate pursuant to Section 23-23-60, authorizing him to serve as a certified law enforcement officer, if the officer meets the following qualifications at the time of application:

(1)   the officer must have been retired pursuant to Section 9-11-60 or 9-11-70 for not more than ten years, except that the division may certify an officer who has been retired for more than ten years if the officer provides evidence satisfactory to the director of the division that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer;

(2)   within the previous three years, the officer must have completed a legal course and all other training programs for certified officers mandated by law and taught by the division; and

(3)   the officer must have maintained a constable commission during his retirement, without interruption.

(C)   A retired federal law enforcement officer must be issued a certificate pursuant to Section 23-23-60, authorizing him to serve as a certified law enforcement officer, if the officer provides evidence

Section 23-23-80.   The director of the Law Enforcement Training Division is authorized to:

(1)   receive and disburse funds, including those hereinafter provided in this chapter;

(2)   accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;

(3)   consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;

(4)   publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;

(5)   make such regulations as may be necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;

(6)   certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with standards established by the Law Enforcement Training Council;

(7)   require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;

(8)   provide by regulation for mandatory continued training of certified law enforcement officers, in accordance with standards established by the council, this training to be completed within each of the various counties requesting this training on a regional basis.

Section 23-23-90.   An oral or written report, document, statement, or other communication that is written, made, or delivered concerning the requirements or administration of this chapter or regulations promulgated under it must not be the subject of or basis for an action at law or in equity for slander or libel in any court of the State if the communication is between:

(1)   a law enforcement agency, its agents, employees, or representatives; and

(2)   the Law Enforcement Training Division or the Law Enforcement Training Council, their agents, employees, or representatives.

Section 23-23-100.   (A)   Whenever the director of the Law Enforcement Training Division finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may issue an order requiring the public law enforcement agency to comply with the provision. The director may bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The director also may invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the director may appeal the decision to the court of common pleas of the county where the public law enforcement agency is located.

(B)   Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the director of the division is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.

Section 23-23-110.   When a municipality employs only one law enforcement officer and that officer is attending law enforcement training at the South Carolina Criminal Justice Academy as required by law, the sheriff of the county wherein the municipality is located, or the head of the entity in charge of countywide law enforcement if the county sheriff is not, shall provide systematic patrolling of the municipal area while its law enforcement officer is attending the training.

Section 23-23-115.   Notwithstanding another provision of law, a person employed as a law enforcement officer with the Savannah River Site Law Enforcement Department, a United States Department of Energy facility, may attend and be trained at the Criminal Justice Academy in accordance with training and certification standards established by the State. Expenses for mandated and elective training must be established by the Law Enforcement Training Division and

SECTION   2.   Section 6-11-340(D) of the 1976 Code is amended to read:

"(D)   The public safety officers appointed and commissioned by a special purpose district must be law enforcement officers trained and certified pursuant to Article 9, Chapter 6, 23 of Title 23, in accordance with the training and certification standards established for officers performing similar duties. The expense of the training must be paid by the special purpose district by which that person is employed and the Criminal Justice Academy Division of the Department of Public Safety Law Enforcement Training Division is authorized to establish and collect a fee for this training."

SECTION   3.   Section 20-7-8325(B) of the 1976 Code is amended to read:

"(B)   An aftercare counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety Law Enforcement Training Division pursuant to the provisions of Article 9, Chapter 6 23 of Title 23 has the power, when commissioned by the department, to take a child conditionally released from the custody of the department and subject to the jurisdiction of the Board of Juvenile Parole into custody upon the issuance of a warrant for violating the conditions of his release."

SECTION   4.   Section 20-7-8335(D) of the 1976 Code is amended to read:

"(D)   A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety Law Enforcement Training Division pursuant to the provisions of Article 9, Chapter 6 23 of Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child be taken into custody."

SECTION   5.   Section 23-11-110(C) of the 1976 Code is amended to read:

"(C)   Every newly-elected sheriff in his first term is required to complete a training session to be determined pursuant to Title 23, Chapter 6 23 of the 1976 Code, to be conducted by the Criminal Justice

SECTION   6.   Section 23-28-30 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 23-28-30.   No A reserve shall not assume any police function until he has successfully completed a course of training of at least sixty hours and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy Law Enforcement Training Division and administered by the local law enforcement agency. The sixty hours of training shall be promulgated by the South Carolina Criminal Justice Academy Division of the Department of Public Safety Law Enforcement Training Council, endorsed by the appointing official and shall include, but not be limited to:

(A)   Firearms training             twelve hours

(B)   Laws of arrest                 three hours

(C)   Searches and seizure           three hours

(D)   Evidence                     six hours

(E)   Crisis intervention             three hours

(F)   Officer survival               two hours

(G)   Ethics                       two hours

(H)   Constitutional law             two hours

(I)   Local ordinances and policies   ten hours

(J)   Radio communications         one hour

(K)   Handling prisoners             one hour

(L)   Handling juveniles             one hour

(M)   Human relations             two hours"

SECTION   7.   Section 23-28-40 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 23-28-40.   This training may be provided locally or regionally but shall be subject to approval of the South Carolina Criminal Justice Academy Division of the Department of Public Safety Law Enforcement Training Council. If disapproved, the Training

In addition to the sixty hours of preliminary training, classes of in-service training shall be held periodically but not less than once a month. Consecutive absences of more than three sessions may be grounds for dismissal.

Any person who served as an auxiliary or reserve police officer on any municipal or county police force for a period of at least six months prior to April 19, 1978, and is serving in that capacity on the effective date of this act shall not be required to have a high school diploma as a prerequisite for participating in any training program authorized or required by this chapter."

SECTION   8.   Section 23-47-20(C)(15) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"(15)   telecommunication operators or dispatchers trained and certified by the Criminal Justice Academy Division of the Department of Public Safety Law Enforcement Training Division. The Department of Public Safety division shall promulgate regulations to provide for this training. Expense of the training must be paid by the local government by which that person is employed and the department division is authorized to establish and collect a fee for this training;"

SECTION   9.   Section 24-5-320 of the 1976 Code is amended to read:

"Section 24-5-320.   No reserve shall assume a jailer or detention officer function until he has completed successfully a jail pre-service training program approved by the Department of Public Safety Law Enforcement Training Council pursuant to Article 9, Chapter 6 23 of Title 23, and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy Law Enforcement Training Division and administered by the director of the local detention facility. Within one year of appointment, a reserve must successfully complete a jail operations training program promulgated by the Department of Public Safety Law Enforcement Training Council pursuant to Article 9, Chapter 6 23 of Title 23 in order to be eligible for continuation as a reserve. A reserve who serves more than one year must complete the same annual in-service training requirements as regular full-time jailers or detention officers. All training which is provided locally or regionally is subject to review by the South Carolina Law Enforcement

SECTION   10.   Section 24-5-360 of the 1976 Code is amended to read:

"Section 24-5-360.   A reserve who has been in active status for at least two years and desires to become a full-time jailer or detention officer, upon application of his director to the Department of Public Safety Law Enforcement Training Division and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the Department of Public Safety Law Enforcement Training Division pursuant to Article 9, Chapter 6 23 of Title 23."

SECTION   11.   Section 40-18-30(A)(5) of the 1976 Code, as added by Act 372 of 2000, is amended to read:

"(5)   to provide, with the advice and consent of the South Carolina Criminal Justice Academy Division of the Department of Public Safety Law Enforcement Training Council, for the curriculum, training, and certification of training officers, and to approve the curriculum utilized by licensees for the training of their security officers to ensure that security officers have the requisite knowledge and skills necessary to carry out their duties in the private security business. The fee for the training of security company training officers must be determined by the designated training facility and be retained by the facility to defray the costs of conducting the training; and"

SECTION   12.   Article 9, Chapter 6, Title 23 of the 1976 Code is repealed.

SECTION   13.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   14.   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

SECTION   15.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

Senator HUTTO moved to lay the amendment on the table.

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

Alexander                 Cromer                    Elliott
Fair                      Ford                      Hutto
Jackson                   Knotts                    Lourie
Malloy                    Martin                    Matthews
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Rankin
Reese                     Scott                     Setzler
Short                     Thomas                    Williams

Bryant                    Campsen                   Cleary
Gregory                   Grooms                    Hawkins
Hayes                     McConnell                 Peeler
Richardson                Ritchie                   Ryberg
Sheheen

The amendment was laid on the table.

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

The Bill was returned to the status of Special Order.

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

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

Hon. Daisy M. Moore, P. O. Box 41, Pinewood, S.C. 29125

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

Hon. Bryan Keith Griffin, 3115 South Wise Drive, Sumter, S.C. 29150

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

Hon. George R. Gibson, P. O. Box 236, Mayesville, S.C. 29104

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

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

Hon. Darrell Drakeford, 2504 Thomas Street, Camden, S.C. 29020 VICE William Corbett

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

Hon. William D. Corbett, P. O. Box 152, Liberty, S.C. 29074-0152 VICE Frances E. James

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

Hon. Michael Scott Rankin, 1704 Fair Street, Camden, S.C. 29020 VICE Thomas Davis

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

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

Jake Franklin Strickland, 3176 Old Creek Road, Scranton, S.C. 29591

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

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 2006, and to expire June 30, 2010

Delegation:

Robert L. Castles, Jr., 1400 Brookgreen Drive, Myrtle Beach, S.C. 29577

On motion of Senator CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Suzie Conner Jordan of Surfside Beach, S.C., devoted wife, mother and grandmother.

At 2:29 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 2:00 P.M.

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