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


Printed Page 813 . . . . . Tuesday, February 21, 2006

Tuesday, February 21, 2006
(Statewide Session)


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 St. Paul in I Thessalonians 2:9:

"For you remember, brethren, our labor and toil, for laboring night and day ..."

Let us pray.

Father, we love the title, SERVANTS of God in the world! We pray for a spirit of understanding of the labors and toiling of each other.   Give wisdom and clarity of thought to all who serve valiantly in committees and consultations far from the public eye.

We pray that where we are right, strengthen and confirm us; where we are in want, furnish us; and where we are in error, correct us.

In Thy Holy Name, we pray.
Amen!

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

Point of Quorum

At 12:04 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore

Printed Page 814 . . . . . Tuesday, February 21, 2006

O'Dell                    Patterson                 Peeler
Pinckney                  Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Thomas
Verdin                    Williams

Total--41

A quorum being present, the Senate resumed.

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2003, and to expire June 30, 2007

2nd Congressional District:

Mary M. Amonitti, Dunes Marketing Group, P.O. Box 21326, Hilton Head, S.C. 29925 VICE Jane Brewer

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2003, and to expire October 18, 2007

At-Large:

Devon Hanahan, 522 West Wimbleton Dr., Charleston, S.C. 29412 VICE Cynthia Brown

Referred to the Committee on Judiciary.

Reappointment, Advisory Panel for Massage/Bodywork, with term to commence June 30, 2005, and to expire June 30, 2009

Therapist:

Kim Brewer, Massage Therapy Inc., P. O. Box 22215, Hilton Head, S.C. 29925

Referred to the Committee on Labor, Commerce and Industry.


Printed Page 815 . . . . . Tuesday, February 21, 2006

Initial Appointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 2003, and to expire June 30, 2007

Master:

Marian S. Tew, 106 Edith Dr., Taylors, S.C. 29687 VICE William D. Norris

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2005, and to expire June 30, 2009

4th Congressional District:

Paul Aughtry, Windsor/Aughtry Co., 25 Woods Lake Rd., Building 6, Suite 600, Greenville, S.C. 29607

Referred to the Committee on Medical Affairs.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 3025
Agency: Department of Health and Environmental Control
SUBJECT: Classified Waters
Received by Lieutenant Governor February 21, 2006
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration January 28, 2007

Document No. 3047
Agency: Department of Agriculture
SUBJECT: Qualifying for the Milk Producers Tax Credit
Received by Lieutenant Governor February 21, 2006
Referred to Finance Committee
Legislative Review Expiration January 28, 2007

Doctor of the Day

Senator COURSON introduced Dr. March Seabrook of West Columbia, S.C., Doctor of the Day.


Printed Page 816 . . . . . Tuesday, February 21, 2006

Leave of Absence

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

RECALLED

H. 4190 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1156 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MR. CRANSTON PINCKNEY, A NATIVE OF DORCHESTER COUNTY, FOR A LIFETIME OF SERVICE TO HIS COMMUNITY, COUNTY, AND STATE AS AN EDUCATOR, MAGISTRATE, AND CIVIC LEADER.
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The Senate Resolution was adopted.

S. 1157 (Word version) -- Senators Fair, Verdin, Thomas, J. Verne Smith, Anderson and Ritchie: A SENATE RESOLUTION TO COMMEMORATE THE FIFTEENTH ANNIVERSARY OF THE PIEDMONT WOMENS CENTER IN GREENVILLE COUNTY AND TO RECOGNIZE THE VALUABLE CONTRIBUTIONS OF THIS NONPROFIT


Printed Page 817 . . . . . Tuesday, February 21, 2006

ORGANIZATION AND THE DEDICATION OF EXECUTIVE DIRECTOR LENNA NEILL.
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The Senate Resolution was adopted.

S. 1158 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE TENTH ANNIVERSARY OF THE SOUTH CAROLINA BOOK FESTIVAL ON FEBRUARY 24 THROUGH 26, 2006, AT THE METROPOLITAN CONVENTION CENTER IN COLUMBIA, SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO PARTICIPATE IN THIS EXCEPTIONAL EVENT, AND TO WISH THE HUMANITIES COUNCIL SC SUCCESS IN CONTINUING TO PRESENT THE SOUTH CAROLINA BOOK FESTIVAL FOR MANY MORE YEARS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1159 (Word version) -- Senators Hayes, Gregory, Short and Sheheen: A BILL TO AMEND CHAPTER 4, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT", SO AS TO ESTABLISH A SURFACE WATER WITHDRAWAL PERMITTING PROGRAM IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE THAT THIS PERMITTING PROCESS MUST APPLY THE PRINCIPLE OF REASONABLE AND BENEFICIAL USE; TO SPECIFY REASONABLE AND BENEFICIAL USE CRITERIA THE DEPARTMENT MUST CONSIDER IN ESTABLISHING MINIMUM INSTREAM FLOWS THAT MUST BE MAINTAINED IN ORDER TO ISSUE A SURFACE WATER WITHDRAWAL PERMIT; TO AUTHORIZE THE DEPARTMENT TO ENTER INTO INTERSTATE AGREEMENTS AND COMPACTS RELATING TO WITHDRAWAL OR DIVERSION OF SURFACE WATER THAT IMPACTS THE SURFACE WATER OF THIS STATE AND TO ESTABLISH, IN COORDINATION WITH LOCAL GOVERNMENTS AND WATER USERS, SURFACE WATER MANAGEMENT PLANS; TO LIMIT TO TWENTY YEARS THE PERIOD OF TIME FOR WHICH A SURFACE WATER PERMIT MAY BE ISSUED AND TO PROVIDE AN EXCEPTION FOR LOCAL GOVERNMENTS WHEN NECESSARY TO PROVIDE


Printed Page 818 . . . . . Tuesday, February 21, 2006

FOR THE RETIREMENT OF BONDS FOR THE CONSTRUCTION OF WATER WORKS; AND TO INCORPORATE THE PERMITTING PROCESS FOR THE ISSUANCE OF INTERBASIN TRANSFER OF WATER PERMITS INTO THE SURFACE WATER WITHDRAWAL PERMITTING PROGRAM; AND TO REPEAL CHAPTER 21, TITLE 49 RELATING TO THE PERMITTING PROCESS FOR INTERBASIN TRANSFER OF WATER PERMITS.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1160 (Word version) -- Senator Thomas: 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.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1161 (Word version) -- Senators Lourie, Leventis, Reese, Sheheen, Setzler, Malloy, Patterson, Anderson, Ford and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-35-20 SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF EACH SCHOOL DISTRICT SHALL PROVIDE FOR A FOUR-YEAR-OLD KINDERGARTEN PROGRAM IN THE PUBLIC SCHOOLS OF THIS STATE AND PROVIDE FOR A WAIVER; AND TO AMEND SECTION 59-19-90, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE SCHOOL BOARDS OF TRUSTEES, SO AS TO PROVIDE THAT BOARDS SHALL PROVIDE PROGRAMS FOR FOUR-YEAR-OLDS; TO AMEND SECTION 59-19-125, RELATING TO LEASING OF SCHOOL PROPERTY, SO AS TO PROVIDE THAT BOARDS OF


Printed Page 819 . . . . . Tuesday, February 21, 2006

TRUSTEES MAY LEASE PROPERTY TO PROVIDE PROGRAMS FOR FOUR-YEAR-OLDS; TO AMEND SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS, SO AS TO PROVIDE THAT A BOARD OF TRUSTEES THAT PROVIDES CHILD DEVELOPMENT PROGRAMS FOR THREE-YEAR-OLD CHILDREN MAY CONTINUE TO SERVE THOSE CHILDREN; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO EDUCATION FINANCE ACT WEIGHTINGS, SO AS TO INCLUDE FOUR- AND FIVE-YEAR-OLDS IN THE KINDERGARTEN WEIGHTING; TO AMEND SECTION 59-63-20, RELATING TO A STUDENT'S AGE OF ATTENDANCE, SO AS TO INCLUDE FOUR-YEAR-OLDS; TO AMEND SECTION 59-63-31, AS AMENDED, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT A PUBLIC SCHOOL, SO AS TO INCLUDE FOUR-YEAR-OLDS; AND BY ADDING CHAPTER 154 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA PREKINDERGARTEN INVESTMENT AND EXPANSION ACT" BY ESTABLISHING A FOUR-YEAR-OLD PREKINDERGARTEN PROGRAM TO BE ADMINISTERED BY THE OFFICE OF FIRST STEPS FOR SCHOOL READINESS TO PROVIDE GRANTS TO PUBLIC AND PRIVATE PROVIDERS TO OPERATE FOUR-YEAR-OLD PREKINDERGARTEN PROGRAMS IN THIS STATE.
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Read the first time and referred to the Committee on Education.

S. 1162 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 23-9-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT THE DIVISION OF STATE FIRE MARSHAL SHALL ESTABLISH FEES FOR EQUIPMENT LICENSES AND PERMITS IN REGULATION, WHICH MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT EXCEED THE CURRENT FEES OF ONE HUNDRED DOLLARS FOR LICENSES AND TWENTY-FIVE DOLLARS FOR PERMITS.
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Read the first time and referred to the Committee on Judiciary.


Printed Page 820 . . . . . Tuesday, February 21, 2006

S. 1163 (Word version) -- Senators Sheheen, Reese and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.
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Read the first time and referred to the Committee on Judiciary.

S. 1164 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND TITLE 57, CHAPTER 3, ARTICLE 7 OF THE 1976 CODE, BY ADDING SECTION 57-3-619, TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO IMPOSE A TOLL ALONG INTERSTATE HIGHWAY 95 WHERE IT CROSSES LAKE MARION IN EITHER ORANGEBURG COUNTY OR CLARENDON COUNTY.
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Read the first time and referred to the Committee on Transportation.

S. 1165 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.
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Read the first time and referred to the Committee on Transportation.

S. 1166 (Word version) -- Senators Grooms, McConnell, Bryant, Campsen, Ryberg, Verdin, Mescher, Hawkins, Thomas, Fair and Scott: A BILL TO ENACT THE "SOUTH CAROLINA EDUCATIONAL


Printed Page 821 . . . . . Tuesday, February 21, 2006

OPPORTUNITY SCHOLARSHIP ACT" BY ADDING ARTICLE 6 TO CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW STUDENTS ATTENDING A FAILING PUBLIC SCHOOL TO USE AN EDUCATION SCHOLARSHIP TO TRANSFER TO ANOTHER PUBLIC SCHOOL OR TO AN INDEPENDENT SCHOOL, TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR REPORTING AND CONDUCTING OF EXAMINATIONS AND INVESTIGATIONS; AND BY ADDING CHAPTER 18 TO TITLE 12 SO AS TO PROVIDE A CREDIT FOR CERTAIN TAXES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER.
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Read the first time and referred to the Committee on Education.

S. 1167 (Word version) -- Senators McConnell and Grooms: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT NEITHER THE GENERAL ASSEMBLY NOR A POLITICAL SUBDIVISION SHALL HAVE THE POWER TO ASSESS AND COLLECT AD VALOREM TAXES FOR SCHOOL OPERATING PURPOSES, BUT MAY VEST THE POWER OF ASSESSING AND COLLECTING TAXES FOR BONDED INDEBTEDNESS TO A POLITICAL SUBDIVISION.
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Read the first time and referred to the Committee on Judiciary.

S. 1168 (Word version) -- Senators Hutto, Sheheen, Matthews, Short, Leventis, Land and Drummond: 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


Printed Page 822 . . . . . Tuesday, February 21, 2006

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

H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.

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

H. 3879 (Word version) -- Reps. M. A. Pitts, Hardwick, Witherspoon, E. H. Pitts, Agnew, J. Brown, Hagood, Jefferson, Leach, Littlejohn, Sandifer, Sinclair, G. R. Smith, W. D. Smith, Umphlett, Duncan and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-95 SO AS TO MAKE IT UNLAWFUL TO ENGAGE IN COMPUTER ASSISTED REMOTE HUNTING, TO DEFINE COMPUTER ASSISTED REMOTE HUNTING FOR THIS PURPOSE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3881 (Word version) -- Reps. Hagood, Brady, Altman, Limehouse, Scarborough, Taylor, R. Brown, Mack, Miller, Whipper, Bailey, Weeks and Funderburk: A BILL TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING


Printed Page 823 . . . . . Tuesday, February 21, 2006

COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION, INTERGOVERNMENTAL COORDINATION, AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET-BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "UNNECESSARY HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.

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

H. 3922 (Word version) -- Reps. Witherspoon, Ott, Umphlett, Barfield, Cato, Bailey, Hagood, Bowers, Hardwick and Neilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 18 SO AS TO ENACT THE "MERCURY SWITCH REMOVAL ACT OF 2005" IN ORDER TO ACHIEVE REDUCTIONS OF MERCURY IN THE ENVIRONMENT THROUGH REMOVAL AND COLLECTION OF MERCURY SWITCHES FROM MOTOR VEHICLES WEIGHING LESS THAN TWELVE THOUSAND POUNDS; TO PROVIDE THAT EVERY MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE TO WHICH THIS CHAPTER APPLIES SHALL DEVELOP A MERCURY MINIMIZATION PLAN TO BE FILED WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR CERTAIN COSTS WITH REGARD


Printed Page 824 . . . . . Tuesday, February 21, 2006

TO THE COLLECTION AND RECOVERY OF MERCURY SWITCHES TO BE PAID BY THE VEHICLE MANUFACTURER; TO PROVIDE FOR OTHER RELATED PROVISIONS PERTAINING TO THE RECYCLING, STORAGE, AND DISPOSAL OF MERCURY SWITCHES, INCLUDING DESIGNATING MERCURY SWITCHES AS UNIVERSAL WASTE AND REQUIRING THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE MANAGEMENT OF THESE SWITCHES; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 4092 (Word version) -- Rep. White: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND AUTHORITY OF THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO PROVIDE THAT THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, WHO SERVES EX OFFICIO ON THIS BOARD, SERVES AS A VOTING, RATHER THAN A NONVOTING MEMBER OF THE BOARD.

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

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.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4296 (Word version) -- Reps. Altman, Mahaffey, Toole and Perry: A BILL TO AMEND SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE AUTHORITY OF


Printed Page 825 . . . . . Tuesday, February 21, 2006

THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED TERRAPIN FOR A COMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4313 (Word version) -- Reps. J. Brown, Clark, Altman, G. R. Smith, Loftis, Moody-Lawrence, Toole, Vick and R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-185 SO AS TO PROVIDE THAT THE FIRST FRIDAY IN MAY OF EACH YEAR IS DECLARED TO BE "VIETNAM VETERANS SURVIVORS' DAY" IN SOUTH CAROLINA.

Read the first time and referred to the General Committee.

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

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

H. 4428 (Word version) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Edge, Haley, Hamilton, Harrison, Hayes, Herbkersman, Hiott, Howard, Huggins, Jefferson, Jennings, Kirsh, Leach, Limehouse, Mack, Merrill, McGee, J. H. Neal, Owens, Perry, Rice, Scarborough, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, G. M. Smith, J. R. Smith, Talley, Taylor, Thompson, Townsend, Vaughn, White, Witherspoon, Young, Anderson, Anthony, Battle, Funderburk, Govan, Martin, Miller,


Printed Page 826 . . . . . Tuesday, February 21, 2006

Walker, J. Brown, Clark, Branham, Bailey, Mahaffey, Scott, J. E. Smith and Viers: A BILL TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY AUTHORIZING THE APPLICANT TO OFFER CABLE SERVICE IN THIS STATE UNDER THE PROCEDURES AND REQUIREMENTS CONTAINED IN THIS ARTICLE.

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

H. 4669 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE DR. NOBLE P. COOPER, JR., OF RICHLAND COUNTY, FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY, AND TO CONGRATULATE HIM FOR BEING RECOGNIZED AS THE MARGIE HERRON OUTSTANDING LIBRARY TRUSTEE


Printed Page 827 . . . . . Tuesday, February 21, 2006

AWARD WINNER FROM THE SOUTH CAROLINA ASSOCIATION OF PUBLIC LIBRARY ADMINISTRATORS.

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

H. 4670 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST ACCOMPLISHED JAZZ MUSICIANS, TENOR SAXOPHONIST SKIPP PEARSON, FOR MORE THAN FORTY YEARS OF ENTERTAINING THOUSANDS OF JAZZ LOVERS THROUGHOUT THE UNITED STATES AND HELPING TO PRESERVE THE ART OF JAZZ MUSIC FOR FUTURE GENERATIONS.

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

REPORTS OF STANDING COMMITTEE

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

S. 173 (Word version) -- Senators Leventis and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO


Printed Page 828 . . . . . Tuesday, February 21, 2006

CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

Ordered for consideration tomorrow.

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

S. 774 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-21-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES' COMMUNITY SUPERVISION PROGRAM, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE LENGTH OF ADDITIONAL TIME A PRISONER MUST SERVE IN A COMMUNITY SUPERVISION PROGRAM AND INCARCERATION WHEN HIS SENTENCE TO COMMUNITY SUPERVISION IS REVOKED, TO PROVIDE THAT THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE REQUIRED TO SERVE WHEN SENTENCED FOR SUCCESSIVE REVOCATIONS MAY NOT EXCEED AN AMOUNT OF TIME EQUAL TO THE LENGTH OF INCARCERATION IMPOSED LIMITED BY THE AMOUNT OF TIME REMAINING ON THE ORIGINAL "NO PAROLE OFFENSE"; AND TO PROVIDE THAT THE PRISONER MUST NOT SERVE LONGER THAN THE ORIGINAL SENTENCE.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., February 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. 4513 (Word version) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M.A. Pitts: A BILL TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO THE APPROPRIATE TIME AFTER THE COMMITTEE HAS DETERMINED ITS RECOMMENDATIONS


Printed Page 829 . . . . . Tuesday, February 21, 2006

AND A FINAL REPORT OF THE COMMITTEE IS SUBMITTED TO THE GENERAL ASSEMBLY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

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

HOUSE BILLS RETURNED

The following House Bill and Joint Resolution were read the third time and ordered returned to the House with amendments:

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 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.

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.

THIRD READING BILLS

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


Printed Page 830 . . . . . Tuesday, February 21, 2006

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, Ford and Knotts: 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 CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.

S. 1045 (Word version) -- Senators Ritchie, Bryant, Campsen and Knotts: 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.

ADOPTED

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".

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

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 EQUIPMENT THAT MUST BE ATTACHED TO BUSES, TRUCKS,


Printed Page 831 . . . . . Tuesday, February 21, 2006

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.

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

AMENDED, CARRIED OVER

S. 1082 (Word version) -- Senators Moore, Rankin, Alexander and McConnell: A BILL TO AMEND SECTIONS 58-3-100 AND 58-3-240, BOTH AS AMENDED; SECTIONS 58-3-310 AND 58-3-320; SECTIONS 58-5-10, 58-5-30, AND 58-5-40, ALL AS AMENDED; SECTIONS 58-5-220 AND 58-5-230; SECTION 58-5-240, AS AMENDED; SECTIONS 58-5-270, 58-5-300, 58-5-310, 58-5-320, 58-5-340, AND 58-5-350; SECTIONS 58-5-710 AND 58-5-720, BOTH AS AMENDED; SECTIONS 58-5-730, 58-5-920, AND 58-5-930; SECTION 58-5-940, AS AMENDED; SECTIONS 58-5-950, 58-5-960, 58-5-970, 58-5-980, 58-5-990, 58-5-1000, 58-5-1010, 58-5-1040, 58-5-1050, AND SECTION 58-9-10, AS AMENDED; SECTION 58-9-230, AS AMENDED; SECTION 58-9-270; SECTION 58-9-280, AS AMENDED; SECTIONS 58-9-290 AND 58-9-300; SECTION 58-9-320, AS AMENDED; SECTIONS 58-9-340, 58-9-370, 58-9-380, 58-9-390, AND 58-9-510; SECTION 58-9-520, AS AMENDED; SECTIONS 58-9-540, 58-9-575, 58-9-576, 58-9-577, AND 58-9-585, ALL AS AMENDED; ARTICLE 7, CHAPTER 9, TITLE 58; SECTIONS 58-9-1010, 58-9-1020, 58-9-1030, 58-9-1040, 58-9-1050, 58-9-1060, 58-9-1070, 58-9-1080, 58-9-1090, 58-9-1100, 58-9-1110, 58-9-1120, 58-9-1130, 58-9-1150, 58-9-1160, 58-9-1230, 58-9-1410, 58-9-1480, 58-9-1650, AND SECTION 58-9-2240, AS AMENDED; ARTICLE 21, CHAPTER 9, TITLE 58, AS AMENDED; SECTION 58-9-2620, AS AMENDED; SECTIONS 58-11-10 AND 58-11-30; SECTIONS 58-11-60, AND 58-11-70, BOTH AS AMENDED; SECTIONS 58-11-120, 58-11-160, 58-11-200, 58-11-220, 58-11-230, 58-11-240, 58-11-260, 58-11-410, 58-11-420, 58-11-430, 58-11-450, 58-11-460, 58-11-480, 58-11-490, 58-11-500, 58-11-510, 58-11-520, 58-11-530, 58-11-580, 58-11-600, 58-13-430, AND 58-15-1140; SECTIONS 58-15-940 AND 58-15-950, BOTH AS AMENDED; SECTIONS 58-15-960, 58-15-1520, 58-15-1700, 58-15-1710, 58-17-110, 58-17-140, 58-17-150, 58-17-170, 58-17-180, 58-17-190, 58-17-200, 58-17-320, 58-17-930, 58-17-940, AND 58-17-1320; ARTICLE 13, CHAPTER 17, TITLE 58; SECTION


Printed Page 832 . . . . . Tuesday, February 21, 2006

58-17-1850, 58-17-1900, 58-17-1910, 58-17-2000, 58-17-2030, 58-17-2090, 58-17-2350, 58-17-2680, 58-17-3030, 58-17-3080, 58-17-3090, 58-17-3120, 58-17-3310, 58-17-3350, 58-17-3360, 58-17-3410, 58-17-3440, 58-17-3450, 58-17-3460, 58-17-3930, 58-17-3940, 58-17-3980, 58-17-4140, 58-17-4170, 58-23-10, AND 58-23-40; ARTICLE 3, CHAPTER 23, TITLE 58; SECTION 58-23-510; SECTIONS 58-23-530, 58-23-550, 58-23-560, 58-23-590, 58-23-630, 58-23-910, AND 58-23-1010, ALL AS AMENDED; SECTIONS 58-23-1080 AND 58-23-1090; ARTICLE 12, CHAPTER 23, TITLE 58; SECTIONS 58-27-10 AND 58-27-40; SECTION 58-27-50, AS AMENDED; SECTIONS 58-27-70, 58-27-140, 58-27-160, 58-27-170, 58-27-180, 58-27-190, 58-27-200, 58-27-210, 58-27-220, AND 58-27-430; SECTION 58-27-650, AS AMENDED; SECTIONS 58-27-660, 58-27-820, AND 58-27-850; SECTIONS 58-27-860, 58-27-865, AND 58-27-870, ALL AS AMENDED; SECTIONS 58-27-920 AND 58-27-930; SECTION 58-27-940, AS AMENDED; SECTIONS 58-27-950, 58-27-960, 58-27-1210, 58-27-1240, 58-27-1260, AND 58-27-1270; SECTION 58-27-1280, AS AMENDED; SECTION 58-27-1290; SECTION 58-27-1300, AS AMENDED; SECTIONS 58-27-1330 AND 58-27-1340; SECTION 58-27-1360, AS AMENDED; SECTIONS 58-27-1520, 58-27-1540, 58-27-1550, 58-27-1560, 58-27-1570, 58-27-1590, 58-27-1720, 58-27-1730, 58-27-1920, 58-27-1940, 58-27-1950, 58-27-1970, 58-27-1990, 58-27-2000, 58-27-2010, 58-27-2020, 58-27-2030, 58-27-2040, 58-27-2050, 58-27-2060, AND 58-27-2070; SECTION 58-27-2090, AS AMENDED; SECTIONS 58-27-2130, 58-27-2310, 58-27-2330, 58-27-2440, 58-31-380, 58-33-10, 58-33-20, AND 58-33-120; SECTION 58-33-140, AS AMENDED; SECTIONS 58-33-310, 58-33-320, 58-33-420, AND 58-33-430; SECTION 58-35-70, AS AMENDED; SECTION 44-55-120; SECTIONS 48-46-40 AND 48-52-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS POWERS, DUTIES, AND FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO CONFORM THESE PROVISIONS TO ACT 175 OF 2004, WHICH CREATED THE OFFICE OF REGULATORY STAFF AND WHICH, AMONG OTHER THINGS, DEVOLVED CERTAIN POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION UPON THIS OFFICE AND WHICH PROVIDED FOR CERTAIN SHARED RESPONSIBILITIES BETWEEN THE COMMISSION AND THIS OFFICE, AND IN CONFORMING THE PROVISIONS CONTAINED IN THIS ACT

Printed Page 833 . . . . . Tuesday, February 21, 2006

WITH ACT 175 OF 2004, TO FURTHER CLARIFY AND SPECIFY THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; AND TO REPEAL SECTIONS 58-5-280, 58-9-840, 58-11-590, AND 58-27-60, RELATING TO CERTAIN POWERS OF THE PUBLIC SERVICE COMMISSION.

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

Pursuant to a motion adopted previously, Senator MOORE introduced a further amendment, incorporated herein by reference as Doc. No. L:\S-JUD\Amend\Jud1082.010, which was adopted.

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

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

MADE SPECIAL ORDER

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


Printed Page 834 . . . . . Tuesday, February 21, 2006

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 FIGURES ARE AVAILABLE FROM THE UNITED STATES DEPARTMENT OF COMMERCE.

Senator MARTIN moved that the Joint Resolution be made a Special Order.

The Joint Resolution was made a Special Order.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

READ THE THIRD TIME
READ IN FULL, PASSED BY "AYES" AND "NAYS"
MOTION TO RECONSIDER THIRD READING CARRIED OVER

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 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


Printed Page 835 . . . . . Tuesday, February 21, 2006

TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

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

Senator HUTTO spoke on the Resolution.

Pursuant to the provisions of Rule 26B, Senator HUTTO moved that a further amendment be received and considered by the body.
  Senator HUTTO explained the amendment.

On motion of Senator HUTTO, the amendment was withdrawn.

Senator McCONNELL moved that the text of the Joint Resolution, as amended, be printed upon the pages of the Journal and that the Joint Resolution be ordered to receive a third reading.

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 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.


Printed Page 836 . . . . . Tuesday, February 21, 2006

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:

"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


Printed Page 837 . . . . . Tuesday, February 21, 2006

school districts. Property tax levies shall be uniform in respect to persons and property within the jurisdiction of the body imposing such 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


Printed Page 838 . . . . . Tuesday, February 21, 2006

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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Printed Page 839 . . . . . Tuesday, February 21, 2006

The question then was the third reading of the Joint 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 third time, passed and ordered sent to the House of Representatives.

Having voted on the prevailing side, Senator McCONNELL moved to reconsider the vote whereby the Joint Resolution was given a third reading.

On motion of Senator McCONNELL, with unanimous consent, the motion to reconsider the vote whereby the Joint Resolution was given a third reading was carried over.


Printed Page 840 . . . . . Tuesday, February 21, 2006

MOTION ADOPTED

On motion of Senator WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Leroy Thompson of Mullins, S.C.

ADJOURNMENT

At 12:57 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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