South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Printed Page 769 . . . . . Thursday, February 16, 2006

Thursday, February 16, 2006
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear words recorded by St. Matthew (7:1):

"Ask, and it shall be given you;

Seek, and you shall find;

Knock, and it shall be opened to you!"

Let us pray.

Father, we are being challenged to great faith by these words. They are so deliberate - so full of promise. Help us to believe them - because our hearts cry out: Are they really true? They have to be true!

Thank You for the promise!
Amen!

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointment

Initial Appointment, Secretary of the Department of Commerce, with term coterminous with Governor

Joe E. Taylor, Jr., 47 Mahalo Lane, Columbia, S.C. 29204 VICE Robert Faith

Referred to the Committee on Labor, Commerce and Industry.

Doctor of the Day

Senator ANDERSON introduced Dr. Krishna K. Pudi, of Simpsonville, S.C., Doctor of the Day.

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Leave of Absence

On motion of Senator PATTERSON, at 11:05 A.M., Senator MATTHEWS was granted a leave of absence for today.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator ELLIOTT rose for an Expression of Personal Interest.

S. 1113--CO-SPONSORS ADDED

S. 1113 (Word version) -- Senators Malloy, Williams, Scott, Sheheen, Cromer, Knotts, Cleary, Short, Reese, Anderson, Elliott, Ford, Jackson, Pinckney and Rankin: A SENATE RESOLUTION REQUESTING THE SENATE BANKING AND INSURANCE COMMITTEE TO CONDUCT OVERSIGHT HEARINGS WITH RESPECT TO THE OPERATIONS AND MANAGEMENT OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND REPORT TO THE SENATE ITS FINDINGS AND ANY RECOMMENDATIONS RESULTING FROM THESE OVERSIGHT HEARINGS.

On motion of Senator LAND, with unanimous consent, the names of Senators LAND, HUTTO, McGILL and HAWKINS were added as co-sponsors of S.1113.

S. 1113--CO-SPONSOR REMOVED

S. 1113 (Word version) -- Senators Malloy, Williams, Scott, Sheheen, Cromer, Knotts, Cleary, Short, Reese, Anderson, Elliott, Ford, Jackson, Pinckney and Rankin: A SENATE RESOLUTION REQUESTING THE SENATE BANKING AND INSURANCE COMMITTEE TO CONDUCT OVERSIGHT HEARINGS WITH RESPECT TO THE OPERATIONS AND MANAGEMENT OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND REPORT TO THE SENATE ITS FINDINGS AND ANY RECOMMENDATIONS RESULTING FROM THESE OVERSIGHT HEARINGS.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was removed as a co-sponsor of S. 1113.

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S. 1038--CO-SPONSORS ADDED

S. 1038 (Word version) -- Senators Martin, Gregory, Cleary, Knotts, Richardson, Ryberg, Mescher, Scott and Grooms: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 135, TO ENACT THE "ASBESTOS AND SILICA VICTIMS PROTECTION ACT OF 2006", TO PROVIDE THAT, EXCEPT FOR CLAIMS BASED ON MESOTHELIOMA, NO PERSON MAY BRING OR MAINTAIN AN ASBESTOS OR SILICA CLAIM WITHOUT FIRST MAKING A PRIMA FACIE SHOWING THAT A QUALIFIED PHYSICIAN HAS DIAGNOSED THE PERSON WITH AN ASBESTOS-RELATED OR SILICA-RELATED DISEASE BASED ON THE PHYSICIAN'S ANALYSIS OF A DETAILED OCCUPATIONAL AND EXPOSURE HISTORY OF THE PERSON AND AN ANALYSIS OF THE PERSON'S MEDICAL HISTORY, TO ESTABLISH CRITERIA FOR THE REQUIRED MEDICAL DOCUMENTATION OF THE EXPOSED PERSON'S PHYSICAL IMPAIRMENT, TO ESTABLISH THAT THE LIMITATIONS PERIOD FOR AN EXPOSED PERSON TO BRING AN ACTION DOES NOT BEGIN TO RUN UNTIL THE EXPOSED PERSON DISCOVERS, OR SHOULD HAVE DISCOVERED, HIS OR HER PHYSICAL IMPAIRMENT, TO LIMIT THE LIABILITY OF THE SELLER OF A PRODUCT THAT CONTAINS ASBESTOS OR SILICA WHERE THE SELLER IS NOT THE MANUFACTURER OF THE PRODUCT, TO CLARIFY THAT THIS ACT DOES NOT AFFECT THE SCOPE OR OPERATION OF ANY WORKER'S COMPENSATION LAW OR VETERANS' BENEFIT PROGRAM, AND TO ESTABLISH CERTAIN OTHER REQUIREMENTS TO FILE AND MAINTAIN AN ASBESTOS OR SILICA CLAIM.

On motion of Senator ELLIOTT, with unanimous consent, the names of Senators ELLIOTT, VERDIN and WILLIAMS were added as co-sponsors of S. 1038.

S. 958--CO-SPONSOR ADDED

S. 958 (Word version) -- Senators Cleary, Elliott, Lourie, Leventis, Scott, Anderson, Reese, Rankin, Land, Sheheen, Hutto, Grooms and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE

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DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.

On motion of Senator DRUMMOND, with unanimous consent, the name of Senator DRUMMOND was added as a co-sponsor of S. 958.

S. 1084--CO-SPONSORS ADDED

S. 1084 (Word version) -- Senators McConnell, Ritchie, Bryant, Campsen and Ford: A BILL TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.

On motion of Senator RYBERG, with unanimous consent, the names of Senators RYBERG and KNOTTS were added as co-sponsors of S. 1084.

S. 1029--CO-SPONSOR ADDED

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson and Ford: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH

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CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 1029.

S. 1045--CO-SPONSOR ADDED

S. 1045 (Word version) -- Senators Ritchie, Bryant and Campsen: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO REDUCE THE MARRIAGE LICENSE FEE FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 1045.

S. 1110--CO-SPONSOR ADDED

S. 1110 (Word version) -- Senators Hayes, Rankin, Verdin, Cleary, Cromer, Courson, Richardson, Sheheen, Land, Alexander, Moore, Setzler, Leventis, Thomas, Matthews, Hutto, Fair, Ford, Martin, Short, McConnell, Reese, Pinckney, Grooms, Lourie and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-9-130 SO AS TO PROVIDE THAT SOUTH CAROLINA STATE HOSPITAL PROPERTY OWNED OR HELD BY THE DEPARTMENT OF MENTAL HEALTH THAT IS NOT IN USE MAY BE SOLD OR LEASED, TO CREATE A SPECIAL TRUST FUND FOR THE DEPOSIT OF PROCEEDS FROM THE SALE OR LEASE OF SUCH PROPERTY, TO PROVIDE THAT THESE FUNDS MUST BE USED TO REPLACE ADULT LONG-TERM HOSPITALIZATION SERVICES AND FORENSIC SERVICES, AND TO PROHIBIT THE DEPARTMENT FROM USING THESE FUNDS TO SUPPLANT ITS CURRENT LEVEL OF APPROPRIATED FUNDING.

On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 1110.

RECALLED, READ THE SECOND TIME

S. 1086 (Word version) -- Senator Verdin: A BILL RELATING TO THE INCORPORATION OF THE BOARD OF TRUSTEES OF PRESBYTERIAN COLLEGE, TO PROVIDE A CORPORATE

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NAME TO THE BOARD OF TRUSTEES, TO DEFINE AND ENUMERATE THE COMPOSITION AND POWERS OF THE BOARD, TO PROVIDE FOR AN EXECUTIVE COMMITTEE OF THE BOARD, TO PROVIDE FOR AWARDING DEGREES AND MARKS OF DISTINCTION, AND TO PROVIDE FOR CORPORATE SUCCESSION TO THE BOARD.

Senator VERDIN asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee.

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

There was no objection.

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

Senator VERDIN asked unanimous consent to give the Bill a second reading.

There was no objection.

The Bill was read the second time.

S. 1086--Ordered to a Third Reading

On motion of Senator VERDIN, with unanimous consent, S. 1086 was ordered to receive a third reading on Friday, February 17, 2006.

RECALLED

H. 4480 (Word version) -- Reps. Brady, Cotty, Bales, Ballentine, J. Brown, Harrison, Howard, J.H. Neal, Scott and J.E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND CLEMSON ROAD IN RICHLAND COUNTY THE "JOHN DAVID MONROE, SR. INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN DAVID MONROE, SR. INTERCHANGE".

Printed Page 775 . . . . . Thursday, February 16, 2006

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

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1151 (Word version) -- Senators Elliott and Rankin: A BILL TO AMEND SECTION 48-39-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO COASTAL TIDELANDS AND WETLANDS, SO AS TO DEFINE THE TERM "POOL".
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1152 (Word version) -- Senators Matthews, Patterson, Hutto and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3542 SO AS TO PROVIDE STATE INCOME, BANK, OR PREMIUM TAX CREDITS FOR DONATIONS TO HISTORICALLY BLACK FOUR-YEAR PUBLIC COLLEGES AND UNIVERSITIES MEETING THE DEFINITION OF A "PART B INSTITUTION" FOR PURPOSES OF FEDERAL AID TO HIGHER EDUCATION.
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Read the first time and referred to the Committee on Finance.

S. 1153 (Word version) -- Senators Ritchie, Fair and Verdin: A BILL TO AMEND SECTION 16-3-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE OCCURS WHEN COMMITTED AGAINST A CHILD LESS THAN TWELVE, RATHER THAN ELEVEN, YEARS OF AGE, TO ADJUST THE AGE RELATED TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE ACCORDINGLY, TO

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PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE WITH A MINOR PERPETRATED BY A PERSON IN A FAMILIAL POSITION OR POSITION OF AUTHORITY OCCURS WHEN THE VICTIM IS EIGHTEEN, RATHER THAN SEVENTEEN YEARS OF AGE, TO REQUIRE WHEN IMPOSING THESE SENTENCES, THE COURT ALSO SHALL REQUIRE THE DEFENDANT, WHEN RELEASED FROM PRISON FOR CONVICTION OF FIRST OR SECOND DEGREE CRIMINAL SEXUAL CONDUCT WITH A MINOR, TO BE PLACED ON PROBATION AND ON AN ACTIVE ELECTRONIC MONITORING DEVICE FOR THE DURATION OF TIME HE IS REQUIRED TO BE ON THE SEXUAL ABUSE REGISTRY, AND TO PROVIDE THAT A PERSON WHO VIOLATES THIS PROBATION MUST BE IMPRISONED FOR UP TO TWENTY-FIVE PERCENT OF HIS ORIGINAL SENTENCE; TO AMEND SECTIONS 16-15-395, 16-15-405, AND 16-15-410, ALL AS AMENDED, ALL RELATING TO SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE SEXUALLY EXPLICIT NUDITY AS A PROHIBITED ACT, TO PROVIDE THAT MISREPRESENTATION OF AGE IS NOT A DEFENSE TO SEXUAL EXPLOITATION OF A MINOR, TO CLARIFY THAT THE MINIMUM SENTENCE FOR FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR IS MANDATORY AND MAY NOT BE SUSPENDED OR PROBATION GRANTED, TO ESTABLISH A FELONY FOR COMMITTING SEXUAL EXPLOITATION OF A CHILD UNDER TWELVE YEARS OF AGE AND TO PROVIDE A MANDATORY MINIMUM SENTENCE OF TEN YEARS, AND TO REQUIRE WHEN IMPOSING THESE SENTENCES, THE COURT ALSO SHALL REQUIRE THE DEFENDANT, WHEN RELEASED FROM PRISON FOR CONVICTION OF FIRST OR SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, TO BE PLACED ON PROBATION AND ON AN ACTIVE ELECTRONIC MONITORING DEVICE FOR THE DURATION OF TIME HE IS REQUIRED TO BE ON THE SEXUAL ABUSE REGISTRY, AND TO PROVIDE THAT A PERSON WHO VIOLATES THIS PROBATION MUST BE IMPRISONED FOR UP TO TWENTY-FIVE PERCENT OF HIS ORIGINAL SENTENCE; TO ADD SECTION 24-13-180 SO AS TO REQUIRE THAT SEX OFFENDER TREATMENT PROVIDED TO A PRISONER INCARCERATED AT
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THE DEPARTMENT OF CORRECTIONS MUST BE PROVIDED BY A CERTIFIED SEX OFFENDER TREATMENT PROVIDER; TO ADD SECTION 24-21-445 SO AS TO REQUIRE THE COURT TO ORDER THE MAXIMUM PERIOD OF PROBATION IF A SEX OFFENDER IS PLACED ON PROBATION AND TO PROVIDE THAT ANY SEX OFFENDER TREATMENT ORDERED FOR SUCH AN OFFENDER MUST BE PROVIDED BY A CERTIFIED SEX OFFENDER TREATMENT PROVIDER; TO ADD SECTION 24-21-655 SO AS TO REQUIRE THAT IF, AS A CONDITION OF PAROLE, A PRISONER MUST RECEIVE SEX OFFENDER TREATMENT, THE TREATMENT MUST BE PROVIDED BY A CERTIFIED SEX OFFENDER TREATMENT PROVIDER; TO ADD SECTION 44-9-170 SO AS TO REQUIRE THE DEPARTMENT OF MENTAL HEALTH TO ESTABLISH A CERTIFICATION PROCESS FOR SEX OFFENDER TREATMENT PROVIDERS AND TO PROVIDE THAT SEX OFFENDER TREATMENT ORDERED BY THE COURT OR PROVIDED BY THE STATE MUST BE PROVIDED BY A CERTIFIED TREATMENT PROVIDER; TO AMEND SECTION 44-48-30, AS AMENDED, RELATING TO DEFINITIONS IN THE SEXUALLY VIOLENT PREDATOR ACT, SO AS TO ADD ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE TO THE DEFINITION OF A SEXUALLY VIOLENT PREDATOR IF THE ASSAULT WAS A SEXUAL OFFENCE AND TO DEFINE "PROBABLE CAUSE"; TO AMEND SECTION 44-48-80, AS AMENDED, RELATING TO HEARINGS TO DETERMINE WHETHER THERE IS PROBABLE CAUSE THAT THE NAMED PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO PROVIDE THAT IN MAKING THIS DETERMINATION, THE COURT MAY NOT CONSIDER THE FACT THAT A MENTAL HEALTH EVALUATION HAS NOT BEEN CONDUCTED, TO PROVIDE THAT THE NAMED PERSON MAY NOT CHALLENGE THE VALIDITY OF HIS PRIOR CRIMINAL OR INSTITUTIONAL CONVICTIONS, TO PROVIDE THAT IF THE NAMED PERSON REFUSES TO COOPERATE WITH EVALUATION AND TREATMENT, EVIDENCE OF THIS REFUSAL IS ADMISSIBLE, AND TO PROVIDE THAT THE COURT MAY BAR THE NAMED PERSON FROM INTRODUCING EXPERT PSYCHIATRIC EVIDENCE; AND TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH SHALL CONVENE A
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COMMITTEE TO STUDY THE SEXUALLY VIOLENT PREDATOR ACT TO REVIEW AND EVALUATE THE OPERATION AND EFFECTIVENESS OF THE ACT, TO PROVIDE FOR ITS MEMBERS, AND TO PROVIDE THAT THE COMMITTEE SHALL SUBMIT A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2008.
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Senator RITCHIE spoke on the Bill.

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

S. 1154 (Word version) -- Senators Fair, Peeler, Verdin, Land, O'Dell, Mescher, Short, Martin, Alexander and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 22 TO ARTICLE 30, CHAPTER 7, TITLE 20 OF THE 1976 CODE SO AS TO ENACT THE "INTERSTATE COMPACT FOR JUVENILES" WHICH, AMONG OTHER THINGS, PROVIDES FOR AN INDEPENDENT COMPACT OPERATING AUTHORITY TO ADMINISTER ONGOING COMPACT ACTIVITY, GUBERNATORIAL APPOINTMENTS OF REPRESENTATIVES FOR ALL MEMBER STATES ON A NATIONAL GOVERNING COMMISSION, RULE-MAKING AUTHORITY, A MANDATORY FUNDING MECHANISM SUFFICIENT TO SUPPORT ESSENTIAL COMPACT OPERATIONS, AND COLLECTION OF STANDARDIZED INFORMATION; AND TO REPEAL SUBARTICLE 21, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE INTERSTATE COMPACT ON JUVENILES.
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Read the first time and referred to the Committee on Judiciary.

S. 1155 (Word version) -- Senators Sheheen, Hutto, Land and Hawkins: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A

Printed Page 779 . . . . . Thursday, February 16, 2006
CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM FOR THE TERMS
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"HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.
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Read the first time and referred to the Committee on Judiciary.

H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY

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SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.

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

H. 4318 (Word version) -- Reps. Lucas, Altman, Vaughn, G. R. Smith, Cotty, Whipper, G. M. Smith, Moody-Lawrence, Brady and Ceips: A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS OF PROTECTION FROM DOMESTIC ABUSE AND THE AUTHORITY OF THE COURT IN CONNECTION WITH ISSUING SUCH ORDERS, SO AS TO PROVIDE THAT THE COURT ALSO MAY AWARD THE COST OF MEDICAL TREATMENT RECEIVED BY THE PETITIONER AS A RESULT OF THE ABUSE THAT GAVE RISE TO THE ORDER OF PROTECTION.

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

H. 4347 (Word version) -- Reps. Limehouse, Harrell, Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, M. A. Pitts, J. E. Smith, Hagood, Whipper and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER IS AUTHORIZED TO BE AND TO FURTHER PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE.

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

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

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

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REPORTS OF STANDING COMMITTEES

Senator GREGORY from the General Committee submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

Invitations Accepted

Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report on:

Poll of the Invitations Committee
Polled 11; Ayes 11, Nays 0; Not Voting 0

AYES

Alexander                 Patterson                 McGill
Reese                     Knotts                    O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

Total--11

NAYS

Total--0

Tuesday, February 21, 2006 - 6:00-8:00 PM

Printed Page 783 . . . . . Thursday, February 16, 2006
Members of the Senate, Reception, Seawell's, by SC Association of Conservation Districts

Wednesday, February 22, 2006 - 8:00-9:15 AM
Members of the Senate, Buffet Breakfast, 221 Blatt, by SC Nursery & Landscape Association

Wednesday, February 22, 2006 - 12:00-2:00 PM
Members of the Senate and Staff, Lunch, State House Grounds, by AARP - SC

Wednesday, February 22, 2006 - 6:00-7:00 PM
Members of the Senate, Reception, Carolina Ballroom, Columbia Marriott, by SC Municipal Association

Wednesday, February 22, 2006 - 7:00-9:00 PM
Members of the Senate, significant other and staff, Reception, Clarion, by American Heart Association and the American Cancer Society

Thursday, February 23, 2006 - 8:00-10:00 AM
Members of the Senate and Staff, Breakfast Drop-In, 221 Blatt, by March of Dimes

Tuesday, February 28, 2006 - 6:00-8:00 PM
Members of the Senate, Oyster Roast & BBQ, The Marriott, by SC Bankers Association

Wednesday, March 1, 2006 - 8:30-10:00
Members of the Senate, Breakfast, 221 Blatt, Mental Illness Recovery Center, INC. (MIRCI)

Wednesday, March 1, 2006 - 12:00-2:00
Members of the Senate and Staff, Catfish Lunch, ETV Telecommunications Center, by ETV Endowment

Wednesday, March 1, 2006 - 6:00-8:00 PM
Members of the Senate, Low Country Stew, Clarion Town House, by SC Hospital Association

Printed Page 784 . . . . . Thursday, February 16, 2006
Thursday, March 2, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt Building, by SC Coroner's Association

Message from the House

Columbia, S.C., February 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. 3010 (Word version) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
asks for a Committee of Conference, and has appointed Reps. Townsend, Walker and Miller to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3010--CONFERENCE COMMITTEE APPOINTED

H. 3010 (Word version) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL

Printed Page 785 . . . . . Thursday, February 16, 2006
SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.

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

HOUSE CONCURRENCE

S. 1144 (Word version) -- Senator Scott: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE LANCE CORPORAL TILLMAN U. MILLHOUSE, JR., OF CHARLESTON COUNTY FOR HIS YEARS OF SERVICE TO THE FIELD OF LAW ENFORCEMENT AND FOR HIS UNWAVERING COMMITMENT TO THE PROTECTION OF HIS COMMUNITY.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 3554 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A SELF-INSURER FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT AN IRREVOCABLE LETTER OF CREDIT ISSUED BY A BANK CHARTERED IN THIS STATE OR A MEMBER BANK OF THE FEDERAL RESERVE SYSTEM MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES IN LIEU OF THE CASH DEPOSIT REQUIRED TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY OF A POTENTIAL SELF-INSURER, AND TO PROVIDE THAT A PERSON OR COMPANY THAT QUALIFIES AS A SELF-INSURER MAY ISSUE CERTIFICATES OF INSURANCE FOR ALL PURPOSES ONLY ON THE VEHICLES LISTED IN THE APPLICANT'S NAME; AND TO AMEND

Printed Page 786 . . . . . Thursday, February 16, 2006
SECTION 58-23-1240, RELATING TO THE PUBLIC TAXI PLATE WHICH MUST BE AFFIXED TO A TAXI, SO AS TO PROVIDE THAT THE PLATE MUST BE AFFIXED ONLY TO THE REAR OF A TAXI, TO PROVIDE THAT A STICKER MAY BE AFFIXED TO THE TAXI IN LIEU OF A METAL PLATE, TO PROVIDE THAT THE CITY WHERE THE TAXI PRINCIPALLY OPERATES MUST APPROVE THE DIMENSIONS OF THE STICKER OR PLATE INSTEAD OF THE GOVERNING BODY OF THE COUNTY, TO REMOVE THE TERM "PUBLIC" AND THE TAXI LICENSE NUMBER FROM THE CONTENTS OF THE STICKER OR PLATE, TO DELETE THE REQUIREMENT THAT THE COLOR OF THE PLATE MUST BE CHANGED ANNUALLY, AND TO PROVIDE THAT THE OWNER OF A TAXI THAT QUALIFIES AS A SELF-INSURER MUST ISSUE TO EACH OPERATOR OF THE TAXI A CERTIFICATE OF INSURANCE WHICH MUST BE MAINTAINED IN THE TAXI WHILE IT IS IN OPERATION.

THIRD READING BILLS

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

S. 991 (Word version) -- Senators Ryberg, Land and Moore: A BILL TO AMEND SECTION 34-21-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING OF FUNDS RECEIVED OR HELD IN TRUST BY A BANK OR TRUST COMPANY, SO AS TO FURTHER PROVIDE FOR ACCEPTABLE FORMS OF SECURITY.

S. 1143 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO FEES AND CHARGES OF CONSUMER CREDIT COUNSELING ORGANIZATION LICENSEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Printed Page 787 . . . . . Thursday, February 16, 2006

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 1021 (Word version) -- Senators Grooms, Mescher and Campsen: A BILL TO REQUIRE A SPECIAL CALCULATION OF THE ROLLBACK PROPERTY TAX MILLAGE IMPOSED FOR SCHOOL OPERATIONS IN BERKELEY COUNTY IN LIEU OF THE ROLLBACK MILLAGE CALCULATED IN THE MANNER PROVIDED BY GENERAL LAW.

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

There was no objection.

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

Senator GROOMS asked unanimous consent to make a motion that two further amendments be taken up for immediate consideration.

There was no objection.

Amendment No. 1

Senators GROOMS and CAMPSEN proposed the following amendment (AGM\18142MM06), which was adopted:

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

/ SECTION   1.   Notwithstanding any other provision of law relating to the calculation of rollback millage, in Berkeley County, the millage imposed by the Berkeley County Board of Education for school operations must be rolled back to a millage calculated to generate no more property tax revenue for school operations than was collected in the county for that purpose for the property tax year preceding the rollback year plus an amount equal to the average of annual growth in that revenue over the preceding four years. Notwithstanding any other provision of local law relating to the fiscal authority of the Berkeley County Board of Education or the law applicable to school districts generally, the special rollback millage required to be imposed for school operations pursuant to this act in a rollback year may not be increased by the Berkeley County Board of Education. /

Amend the bill, further, by adding an appropriately numbered SECTION to read:

Printed Page 788 . . . . . Thursday, February 16, 2006

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

Renumber sections to conform.

Amend title to conform.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below),   the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 3; Nays 0

AYES

Campsen (5.48)            Grooms (35.44)            Mescher (59.11)

Total--1 (100.00)

By a weighted vote of 100.00, the amendment was adopted.

Amendment No. 2

Senator MESCHER proposed the following amendment (AGM\ 18141MM06), which was adopted:

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

/ SECTION       .   Notwithstanding any other provision of law relating to the calculation of rollback millage, in Berkeley County, the millage imposed by the Berkeley County Council for county operations must be rolled back to a millage calculated to generate no more property tax revenue for county operations than was collected in the county for that purpose for the property tax year preceding the rollback year plus an amount equal to the average of annual growth in that revenue over the preceding four years. Notwithstanding any other

Printed Page 789 . . . . . Thursday, February 16, 2006
provision of local law relating to the fiscal authority of the Berkeley County Council or the law applicable to county councils generally, the special rollback millage required to be imposed for council operations pursuant to this act in a rollback year may not be increased by the Berkeley County Council. /

Renumber sections to conform.

Amend title to conform.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below),   the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 1; Nays 2

AYES

Mescher (59.11)

Total--1 (59.11)

NAYS

Campsen (5.48)            Grooms (35.44)

Total--2 (40.92)

By a weighted vote of 59.11 to 40.92, the amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson and Ford: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH

Printed Page 790 . . . . . Thursday, February 16, 2006
CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.

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

The Committee on Judiciary proposed the following amendment (JUD1029.002), which was adopted:

Amend the joint resolution, as and if amended, page 1, by striking lines 20 through 30, in SECTION 1(A), and inserting therein the following:

/   SECTION   1.   (A)   A South Carolina Eminent Domain Study Committee is created to review the condemnation authority exercised by any state agency, local government, joint agency, regional authority, political subdivision, or other entity that possesses the power of eminent domain in this State. The study committee shall evaluate if each entity's exercise of its condemnation authority meets or exceeds the constitutional, statutory, and case law requirements concerning eminent domain in this State and make a report of its findings to the General Assembly. The report may include recommendations, if appropriate, for legislative changes to conform or restrict the condemnation authority the entities exercise. In preparing its report, the study committee must request, receive, and consider (1) testimony and written materials submitted by the entities that possess the power of eminent domain, and (2) information solicited from or provided by experts and interested persons in the fields of property rights and eminent domain.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

Printed Page 791 . . . . . Thursday, February 16, 2006

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1045 (Word version) -- Senators Ritchie, Bryant and Campsen: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO REDUCE THE MARRIAGE LICENSE FEE FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.

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

The Committee on Judiciary proposed the following amendment (JUD1045.001), which was adopted:

Amend the bill, as and if amended, page 2, lines 1-22, by striking subsection (B) in its entirety and inserting:

/   (B)   A man and a woman who successfully complete a qualifying premarital preparation course and who have a South Carolina marriage license which attests the completion of the course shall be entitled to receive a one-time fifty-dollar non-refundable state income tax credit, as permitted in Section 12-6-3381. In order for the course to qualify pursuant to this section, the couple must:

(1)   attend a course taught by a professional counselor who is licensed pursuant to Chapter 75 of Title 40 or by an active member of the clergy in the course of his or her service as clergy or his or her designee, including retired clergy, provided that the designee is trained and skilled in premarital preparation;

(2)   attend a minimum of six hours of instruction;

(3)   complete the course within twelve months prior to the application for a marriage license; and

(4)   complete the course together rather than individually.

A couple who completes a premarital preparation course pursuant to this section must be issued a certification of completion at the conclusion of the course by their course provider. The certification must include the number of hours that the couple completed together and the credentials of the course provider. A couple must produce this certification when applying for the marriage license in order to receive the non-refundable state income tax credit. The judge of probate or clerk of court must certify on the marriage license that the couple met

Printed Page 792 . . . . . Thursday, February 16, 2006
the statutory requirements to qualify for this income tax credit. The judge of probate court or clerk of court is not responsible to authenticate the information contained in the certification of completion unless the certification of completion is wholly fraudulent on its face.   /

Amend the bill further, as and if amended, page 2, after line 25, by adding the following:

/   SECTION   ____.   Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3381.   There is allowed as a credit against the tax imposed pursuant to Section 12-6-510 an amount equal to fifty dollars for taxpayers who married during the taxable year and completed the requirements of Section 20-1-230. The credit must be claimed by means of a form prescribed by the South Carolina Department of Revenue containing that information required by the department for the accurate and efficient administration of this credit. Regardless of federal filing statutes, each spouse may only receive one non-refundable income tax credit of twenty-five dollars, for a maximum tax credit of fifty dollars per couple under this section." /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3580 (Word version) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks, Phillips, Rhoad, Rice, Simrill, D.C. Smith, G.R. Smith, J.E. Smith, Taylor, Townsend, Umphlett, Witherspoon, Talley and McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF

Printed Page 793 . . . . . Thursday, February 16, 2006
LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR MEMBERS OF THE STATE GUARD AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.

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

The Committee on Finance proposed the following amendment (3580R001.WHO), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:

/   SECTION   2.   This act takes effect upon approval by the Governor and applies to taxable years beginning after 2005.   /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

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

AMENDED, READ THE SECOND TIME

H. 4294 (Word version) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BAMBERG, SOUTH CAROLINA, TO THE CITY OF BAMBERG.

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

Senator McGILL proposed the following amendment (4294R001.JYM), which was adopted:

Printed Page 794 . . . . . Thursday, February 16, 2006

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

/     SECTION   ___.   Notwithstanding the provisions of Sections 25-1-1660 and 1-11-58 of the 1976 Code, the State Budget and Control Board is directed to transfer ownership of the surplus National Guard Armory located at 135 Calhoun Street in Lake City, South Carolina, to the City of Lake City, South Carolina.     /

Renumber sections to conform.

Amend title to conform.

Senator McGILL explained the amendment.

The amendment was adopted.

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

ADOPTED

H. 4520 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG HIGHWAY 19 THAT CROSSES SOUTH CAROLINA HIGHWAY 22 IN HORRY COUNTY THE "LEWIS A. SINGLETON BRIDGE" AND TO ERECT APPROPRIATE MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LEWIS A. SINGLETON BRIDGE".

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

ADOPTED

H. 4577 (Word version) -- Reps. Hodges, R. Brown and Bowers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE FUTURE BRIDGE THAT WILL CROSS THE COMBAHEE RIVER ALONG UNITED STATES HIGHWAY 17 IN COLLETON COUNTY "THE HARRIET TUBMAN BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HARRIET TUBMAN BRIDGE."

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

Printed Page 795 . . . . . Thursday, February 16, 2006

ADOPTED

H. 4588 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT MARKERS OR SIGNS AT EXIT 82 B ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY THAT CONTAIN THE WORDS "CHERRY ROAD".

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

ADOPTED

H. 4596 (Word version) -- Reps. G.M. Smith, Weeks, Coates, G. Brown and J.H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF HIGHWAY 76/378 IN SUMTER (KNOWN AS THE BROAD STREET EXTENSION) FROM LORING MILL ROAD TO SOUTH CAROLINA ROAD 441 IN HONOR OF RAMON W. SCHWARTZ, JR., ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC OFFICIALS AND A FORMER SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "RAMON W. SCHWARTZ, JR. HIGHWAY".

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

ADOPTED

H. 4597 (Word version) -- Reps. Miller, Haley, Agnew, Anderson, Ballentine, Bannister, Brady, Chalk, Funderburk, Hardwick, Hiott, Hodges, Jefferson, Mitchell, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Hamilton, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson,

Printed Page 796 . . . . . Thursday, February 16, 2006
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 REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 IN GEORGETOWN COUNTY FROM ITS INTERSECTION WITH NORTH STREET TO ITS INTERSECTION WITH BROWNS FERRY ROAD "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" IN HONOR OF A BRAVE SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.

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

CARRIED OVER

The following Bills were carried over as follows:

S. 1082 (Word version) -- Senators Moore, Rankin, Alexander and McConnell: A BILL TO AMEND THE 1976 CODE, RELATING TO VARIOUS POWERS, DUTIES, AND FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, TO CONFORM THESE PROVISIONS TO ACT 175 OF 2004. (ABBREVIATED TITLE)

On motion of Senator MOORE the Bill was carried over.

S. 687 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 56-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN BOAT TRAILERS, FARM TRAILERS, AND UTILITY TRAILERS FROM BEING LICENSED OR REGISTERED, SO AS TO PROVIDE THAT CERTAIN TRAILERS THAT ARE USED IN CONNECTION WITH A BUSINESS VENTURE OF ITS OWNER ARE EXEMPT FROM BEING LICENSED OR REGISTERED; AND TO AMEND SECTION 56-5-4580, AS AMENDED, RELATING TO LIGHTING

Printed Page 797 . . . . . Thursday, February 16, 2006
EQUIPMENT THAT MUST BE ATTACHED TO BUSES, TRUCKS, TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SO AS TO REQUIRE ALL TRAILERS, SEMITRAILERS, AND POLE TRAILERS WEIGHING THREE THOUSAND POUNDS GROSS OR LESS TO BE EQUIPPED WITH ONE STOP LIGHT.

Senator GROOMS explained the previously proposed amendment.

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

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

MOTION TO RECONSIDER WITHDRAWN

(R220, H4394 (Word version)) -- Reps. W.D. Smith, Littlejohn, Mitchell, Mahaffey, Talley, Walker and Sinclair: AN ACT TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED BY IT AS THE SPARTANBURG COMMUNITY COLLEGE.

The Senate proceeded to a consideration of the veto, the question being the motion by Senator GROOMS to reconsider the vote whereby the veto by the Governor was overridden by a vote of 30-9 on Wednesday, February 15, 2006.

On motion of Senator GROOMS, with unanimous consent, the motion to reconsider the vote whereby the veto by the Governor was overridden by a vote of 30-9 on Wednesday, February 15, 2006, was withdrawn.

A message was sent to the House accordingly.

MOTION ADOPTED

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

Printed Page 798 . . . . . Thursday, February 16, 2006

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

COMMITTEE AMENDMENT ADOPTED
AS PREVIOUSLY AMENDED
READ THE SECOND TIME
RETURNED TO THE STATUS OF SPECIAL ORDER

S. 960 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, O'Dell and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE BASE TAX VALUE FOR REAL PROPERTY IS ROLLED BACK TO THE TAXABLE VALUE OF THE 2004 TAX YEAR OR THE TAX YEAR IN WHICH THE MOST RECENT REASSESSMENT OCCURRED PRIOR TO 2004, TO REQUIRE THAT THE GENERAL ASSEMBLY ESTABLISH A STATEWIDE SYSTEM FOR ASSESSMENT OF REAL PROPERTY BASED ON REASSESSMENTS AT THE TIME OF ASSESSABLE TRANSFERS OF INTEREST, TO PROVIDE FOR COUNTIES TO SELECT FROM SEVERAL METHODS OF ASSESSMENT AS ESTABLISHED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Amendment No. P-2 (S-RESMIN-AMEND\960.1) proposed by Senators HUTTO, SHEHEEN and

Printed Page 799 . . . . . Thursday, February 16, 2006
MATTHEWS and previously printed in the Journal of Wednesday, February 15, 2006.

Point of Order Withdrawn

Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Resolution.

Senator MARTIN spoke on the Point of Order.

Senator HUTTO spoke on the Point of Order.

Senator SETZLER spoke on the Point of Order.

Senator THOMAS spoke on the Point of Order.

Senator CAMPSEN spoke on the Point of Order.

On motion of Senator MARTIN, with unanimous consent, the Point of Order was withdrawn.

On motion of Senator HUTTO, Amendment No. P-2 was withdrawn from consideration.

The Committee on Judiciary proposed the following amendment (JUD0960.002), which was adopted:

Amend the joint resolution, as and if amended, page 3, beginning on line 18, in Section 6, as contained in SECTION 1 (D), by striking lines 18-19 in their entirety and inserting:

/   reassessment occurred prior to 2004. In the year that this constitutional amendment becomes effective, local governments may increase millage for that year only, so that the revenue of the local government resulting from the millage levy is no more than the revenue of the previous tax year and the effect of this constitutional amendment is revenue neutrality for the millage levy for the first year of implementation. The maximum assessed value for the base tax year may be increased by the lesser of: (1)   /

Amend the joint resolution further, as and if amended, page 3, beginning on line 29, in Section 6, as contained in SECTION 1 (D), by striking lines 29-31 in their entirety and inserting:

/   of the Constitution of this State and for purposes of computing the full market value of all taxable property within a school district as these provisions applied prior to the ratification of this amendment.   /

Amend the joint resolution further, as and if amended, page 4, beginning on line 11, in Section 6, as contained in SECTION 1 (D), by striking lines 11-13 in their entirety and inserting:

Printed Page 800 . . . . . Thursday, February 16, 2006

/   county, by initiating an ordinance pursuant to statutory requirements, elect, in the current tax year or a future tax year, to assess real property at fair market value on an annual   /

Renumber sections to conform.

Amend title to conform.

The committee amendment, as previously perfected on Wednesday, February 15, 2006, was adopted as follows:

Amend the committee report, as and if amended, by striking lines 26 through 41 on page [960-1] and lines 1-10 on page [1031-2], and inserting the following:

//   Amend the joint resolution, as and if amended, by striking it in its entirety and inserting:

  /   JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH METHODS OF VALUATION FOR COUNTIES TO SELECT FROM FOR ASSESSMENT OF REAL PROPERTY WITHIN THEIR JURISDICTIONS; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

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

SECTION   1.   A.   It is proposed that Section 29 of Article III of the Constitution of this State be amended to read:

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"Section 29.   All taxes upon property, real and personal, shall be laid upon the actual value of the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying such tax. Taxes on personal property must be laid upon the actual value of the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying such tax. Taxes on real property must be ascertained by the methods provided by the General Assembly as general law as prescribed in Article X of this Constitution."

B.     It is proposed that the first paragraph of Section 1 of Article X of the Constitution of this State be amended to read:

"Section 1.   The General Assembly may provide for the ad valorem taxation by the State or any of its subdivisions of all real and personal property. The assessment of all property shall be equal and uniform within the class of property being taxed and within its taxing jurisdiction in the following classifications:"

C.     It is proposed that the penultimate paragraph of Section 3 of Article X of the Constitution of this State be amended to read:

"The exemptions provided in subitems (c) and (d) for real property shall not extend beyond the buildings and premises actually occupied by the owners of such real property. Homestead exemptions from ad valorem taxation not specifically provided for in this section may be provided for by the General Assembly by general law. In addition to the exemptions listed in this section, the General Assembly may provide for exemptions from the property tax, by general laws applicable uniformly to property throughout the State and in all political subdivisions, but only with the approval of two-thirds of the members of each House. All exemptions not specifically provided for or authorized in this article shall be repealed March 1, 1978. The General Assembly shall provide for methods and procedures in applying for the exemption of any property as is described in this section."

D.     It is proposed that Section 6 of Article X of the Constitution of this State be amended to read:

"Section 6.   The Except as otherwise provided in this section, the General Assembly may vest the power of assessing and collecting taxes in all of the political subdivisions of the State, including counties, municipalities, special purpose districts, public service districts, and school districts. Property tax levies shall be uniform in respect to persons and property within the jurisdiction of the body imposing such

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taxes; provided, that on properties located in an area receiving special benefits from the taxes collected, special levies may be permitted by general law applicable to the same type of political subdivision throughout the State, and the General Assembly shall specify the precise condition under which such special levies shall be assessed. For the tax year beginning 2008, each parcel of real property in this State shall have a maximum value for ad valorem taxes that does not exceed its fair market value for a base tax year. The General Assembly is authorized, by general law, to define 'fair market value', to define when property has been improved or when losses have occurred to change the value of the real property, and to select the base tax year used to determine the maximum value of real property for ad valorem taxes.

The General Assembly shall establish, through the enactment of general law, and not through the enactment of local legislation pertaining to a single county or other political subdivision, the methods of assessment of real property and the procedures by which a county selects an assessment method. Each county selects, unless affirmatively adopting an alternative method of valuing of real property, a method of valuing of real property in which the value of each parcel of real property, adjusted for improvements and losses, does not increase more than fifteen percent every five years, unless an assessable transfer of interest, as defined by the General Assembly, occurs. The General Assembly must provide, through the enactment of general law, and not through the enactment of local legislation pertaining to a single county or other political subdivision, at least one alternative method of valuing of real property, one of which values real property at its fair market value, with reassessments occurring every five years.

Notwithstanding any other provision of law, for the purposes of calculating the limit on bonded indebtedness of political subdivisions and school districts, pursuant to Sections 14 and 15 of Article X, respectively of the Constitution of this State, the assessed values of all taxable property within a political subdivision or school district shall be the greater of (a) the final assessed value effective for the fiscal year beginning July 1, 2006, or (b) the assessed value of such political subdivision or school district as calculated following the effective date of this amendment. The changes in these values do not alter or amend the valuation of the taxable property for purposes of computing the full

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market value of all taxable property within a school district, as these provisions applied prior to the ratification of this amendment.

Whenever there is a merger of governments authorized under Section 12 of Article VIII, tax districts may be created, based upon the services rendered in each district, but tax levies must be uniform in respect to persons and property within each such district."

SECTION   2.   The proposed amendments must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article III and Article X of the Constitution of this State be amended so as to provide that ad valorem taxes are to be applied uniformly to real property within a taxing jurisdiction rather than statewide; to require that the General Assembly establish the methods of assessment for real property and the procedures for a county to select a method, with the method that is automatically adopted by each county being a method of valuation of real property based on limits to increases in taxable value, adjusted for improvements and losses, of no more than fifteen percent over a five-year period unless an assessable transfer of interest occurs, and at least one other method being the valuation of real property at fair market value, with reassessments occurring every five years; to provide that for purposes of calculating the limit on bonded indebtedness of political subdivisions and school districts, the assessed values of all taxable property within a political subdivision or school district shall be the greater of (a) the final assessed value effective for the fiscal year beginning July 1, 2006, or (b) the assessed value of the political subdivision or school district as calculated following the effective date of this amendment; to provide that taxation of real property must be in accordance with procedures provided by the General Assembly; and to provide that the General Assembly, by general law and not through local legislation pertaining to a single county or other political subdivision, shall provide for the terms, conditions, and procedures to implement the above provisions?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."   /   //

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Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

The question then was the second reading of the Resolution.

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

Ayes 42; Nays 2

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews *                McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Rankin *                  Reese                     Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen *                 Short
Thomas                    Verdin                    Williams

Total--42

NAYS

Anderson                  Pinckney

Total--2

The Joint Resolution was read the second time, passed and ordered to a third reading.

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The Joint Resolution was returned to the status of Special Order.

Amendment No. 4

Senators HUTTO, SHEHEEN, MATTHEWS and SHORT proposed the following Amendment No. 4 (s-resmin\Amend\960-3), which was tabled:

Amend the joint resolution, as and if amended, SECTION 1D., Section 6, by adding after the first sentence and before the second sentence the following:

/   The General Assembly shall not vest the power of assessing and collecting taxes in any political subdivision or school district for school operating purposes. The General Assembly may, however, vest the power of assessing and collecting taxes in political subdivisions or school districts for the payment of capital improvement bonds. /

Amend the joint resolution further, as and if amended, by adding an appropriately numbered SECTION at the end to read:

SECTION   __.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

/ "Must Article X of the Constitution of this State be amended so as to specify that the General Assembly shall not vest the power of assessing and collecting taxes in any political subdivision or school district for school operating purposes but may vest that power in political subdivisions or school districts for the payment of capital improvement bonds?"

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after 'Yes', and those voting against the questions shall deposit a ballot with a check or cross mark in the square after the word 'No'." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator McCONNELL spoke on the amendment.

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ACTING PRESIDENT PRESIDES

At 12:50 P.M., Senator MARTIN assumed the Chair.

Senator McCONNELL spoke on the amendment.

Senator LAND spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PINCKNEY spoke on the amendment.

Having voted on the prevailing side, Senator MALLOY moved to reconsider the vote whereby the amendment was laid on the table.

The motion to reconsider was adopted.

The question then was the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Ayes 24; Nays 21

AYES

Alexander                 Bryant                    Campsen
Cleary                    Cromer                    Elliott
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Leatherman
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Rankin *
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Richardson                Ritchie                   Ryberg
Scott                     Thomas                    Verdin

Total--24

NAYS

Anderson                  Courson                   Drummond
Ford                      Hutto                     Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Matthews *
McGill                    Moore                     Patterson
Pinckney                  Reese                     Setzler
Sheheen *                 Short                     Williams

Total--21

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

The amendment was laid on the table.

Statement by Senator LEATHERMAN

During debate on the Senate Floor on S. 960, a constitutional amendment to reform the property tax reassessment process, I moved to table Amendment #4 because the merit of the amendment was not properly before the body. My reason for offering the motion to table was not because the idea is without worth. Instead, my objection was because the amendment was on the wrong Bill at the wrong place at the wrong time. According to Senate Rules and procedures, resolutions that call for constitutional amendments should be on separate and distinct issues, and the amendment offered would have completely changed the overall effect of the resolution.

Statement by Senators RYBERG, THOMAS, RICHARDSON
BRYANT, CAMPSEN, FAIR, CROMER and VERDIN

The proposed amendment by Senators HUTTO, SHEHEEN, MATTHEWS and SHORT appears on its surface to simply cut

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property taxes. In reality, it does much more than that, and it does it recklessly.

First, the amendment removes the funding for school operations. It does not, however, give any indication of how that funding would be re-supplied. This method of legislating reflects the height of fiscal irresponsibility. South Carolina has only recently emerged from several years of budget deficits caused by creating recurring programs without a recurring source of spending. Furthermore, if the citizens of South Carolina want to send the responsibility of school funding to the state level, they deserve to understand how that responsibility will be met. South Carolinians deserve better from their government than empty promises, and this amendment amounted to nothing more than that.

Second, the amendment actually opens the door for future tax increases on the local level. While it does prevent taxing property for school operating funds, it specifically endorses taxing property for capital bonds, i.e. buildings. One need only to look at Greenville County, and their recent $1 billion bond issue, to see the potential. When property owners receive, on average across South Carolina, a 50% cut in their property taxes, school boards will rush to fill the gap by issuing bonds for building construction. Then we'll be right back where we started on property taxes.

Third, the authors of the amendment advocate instituting a statewide property tax to pay for the school funding which would be wiped out on a local level. This is simply a bait and switch. We have said from the beginning, that we will never vote for a tax cut that is not revenue neutral. Without some indication of where the money to operate schools would come from, we cannot be sure this is revenue neutral. Therefore, it won't get our votes.

Finally, this amendment would actually kill property tax reform. Responsible conservatives could never vote for any Bill amended like this. If the amendment, which only needs 24 votes, gets on the Bill, then the Bill itself would not get 31 votes needed to pass a constitutional amendment. That means no point of sale reassessment. Unfortunately, that may be the real goal of some.

Statement by Senator McCONNELL

The amendment offered by Senator HUTTO and others, on its face, appeared to be a very attractive proposition. For months, the Senate

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Property Tax Reform Committee has been looking at property taxes and recommended rolling the education component back to the State substituting the sales tax to pay for the property taxes taken off the owner-occupied homes in South Carolina as well as give the renters a tax credit. This amendment, though, is part of the substitution issue and is not in the current joint resolution on property valuation which we are debating. We have carefully separated the three issues of tax reform so that each question would be simple and direct. Thus, we would be able to get a two-thirds vote without getting burdened down with other issues that are not specifically relevant to the issue at hand. In other words, good legislative strategy to produce a result for the public means keeping the issue separated and distinct so that each can be voted on up or down on the merits and we face off in conference with the House on the simple issue of reassessment on this joint resolution and not with the other issues of limitations or substitution in the two other joint resolutions. The folly of the House Bill is that it is a mega Bill which includes all of the issues of limitations, substitution, and valuation. The issue of substitution is currently in the Senate Finance Committee, and a subcommittee has been appointed to work this through and to bring to the Floor a well thought-out position for the Senate. To put this current amendment on the valuation Bill would be to bog the valuation Bill down and to adopt an amendment for which the details have not been fleshed out.

While this amendment on its face appears to remove the property taxes for education from the homes of South Carolinians on a local basis, it paves the way for a statewide property tax on the homes of South Carolinians on a statewide basis. Thus, the amendment appears to be more of a redistribution of State education money than a substitution of property taxes for a sales tax or some other revenue source. Based on a version of a Bill I have seen regarding this proposal for property taxes, Charleston County would end up a net loser and a donor to other counties. My job is to cut property taxes, not to substitute and increase them.

Since the Senate has carefully kept the issue separated and has dealt with them through hearings and full participation in subcommittees, it would undermine the committee process for us now to put this amendment on a Bill where it does not belong and essentially pull the rug from underneath the Senate Finance subcommittee working on a substitution proposal. Additionally, it would then give the House an

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excuse to append their mega Bill to each distinct joint resolution which we send over to the House, thus murky murkying in the water and creating a greater likelihood that nothing will pass. Good public policy is developed by thoroughly thinking out what you are going to do and ensuring that you do not have unintended consequences. It is also a better process to keep each Bill separate and distinct and to force the House to face the issues up and down on the merits of valuation rather than trying to cobble into the Bill the issue of substitution and force some sort of swap off on separate issues inside of a joint Bill. This amendment should be debated and considered, and it should be done so in the standing committees of the Senate first, if there is time. Since there is plenty of time for such and no need to rush the issue across the Senate and over to the other house without thorough consideration, I had to support the tabling of the amendment.

PRESIDENT PRESIDES

At 1:19 P.M., the PRESIDENT assumed the Chair.

The question then was the second reading of the Resolution.

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

Ayes 42; Nays 2

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin                    Matthews *                McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Rankin *                  Reese                     Richardson
Ritchie                   Ryberg                    Scott
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Setzler                   Sheheen *                 Short
Thomas                    Verdin                    Williams

Total--42

NAYS

Anderson                  Pinckney

Total--2

The Resolution was read the second time, passed and ordered to a third reading.

The Resolution was returned to the status of Special Order.

MOTION ADOPTED

On motion of Senators McGILL and CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Lillian L. Hinds of Georgetown, S.C., 99, the beloved mother of former Senator Douglas L. Hinds.

ADJOURNMENT

At 1:25 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *

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