Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:45 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 Senator HAYES as follows:

Beloved, today is Ash Wednesday, 2006, the day the Christian World puts emphasis on the great themes of sin and salvation. Hear the words of Isaiah speaking to his people more than 26 centuries ago: Isaiah 59:4:

"Justice is driven away, and right cannot   come near. Truth stumbles in the public square."

Let us pray.

Father, in every age You cause the LIGHT to shine out of darkness. All around us we see people struggling with human sin.

Help us to make the decisions that will help all people want to be good rather than great... God-fearing rather than greedy... sister and brother rather than fighting tribes... lest we all lose the prize of the high calling of God - the good life!
Amen!

The PRESIDENT appointed Senators MALLOY, SETZLER, LEATHERMAN, HAYES, SHEHEEN and HAWKINS to escort the Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court, and members of her party to the House of Representatives for the Joint Assembly.

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:00 Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of H. 4441, a Concurrent Resolution adopted by both Houses.

The Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court, and members of her party, were escorted to the rostrum by Senators MALLOY, SETZLER, LEATHERMAN, HAYES, SHEHEEN and HAWKINS and Representatives Cotty, Funderburk, Altman, McGee and F. N. Smith.

The PRESIDENT introduced the Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court.

Chief Justice Toal addressed the Joint Assembly as follows:

Lieutenant Governor Bauer, PRESIDENT Pro Tempore McCONNELL, Speaker Harrell, Speaker Pro Tempore Smith, members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, ladies and gentlemen:

This fall, our court family's heart was broken by the tragic death - while on duty - of Circuit Judge Marc Westbrook and his law clerk Randall Davis. Marc was a seminary student who became a lawyer. He loved his Lord, his family, the law, Lexington County and the Gamecocks.

He was the youngest person ever to chair Lexington County Council. He then served in this House for six years, as a Family Court Judge for nine years and as a Circuit Court Judge for 11 years.

He was my right hand man in promoting court technology, alternate dispute resolution, judicial training and drug courts. He served many assignments as an Acting Justice of the South Carolina Supreme Court. Marc was at the top of his game. His future might have included a seat on the Supreme Court or a return to elective politics. At the time of his death, he was active in numerous community and music ministry endeavors and was enrolled in classes at Lutheran Seminary.

When the judicial history of South Carolina is recorded, the name of Marc H. Westbrook will be writ large as one of South Carolina's greatest judges. Marc's life was, simply put, a life well and decently lived.

He is survived by his college sweetheart and life partner, Linda, his sons, Thad and Richard, and his beloved granddaughter, Abby. It is fitting that the Lexington County Courthouse will be renamed the Westbrook Judicial Center in his honor.

The retirement of Justice Sandra Day O'Connor and the death of Chief Justice William Rehnquist, in the midst of the confirmation process for Justice O'Connor's replacement, gave Americans a rare opportunity to glimpse into the very soul of the institutions of American justice.

Twice in recent months, in an ornate hearing room in Washington, D.C. - the space occupied by the United States Senate Judiciary Committee - the lights, the cameras, and the sharply focused questions presented a drama to be observed by the nation and a grueling experience to be endured by our 17th Chief Justice, John Roberts and by Associate Justice Samuel Alito.

The hearings captured the attention of a nation that has been battered by natural disasters and the violence inflicted by insurgents and terrorists.

Citizens kept vigil at the committee hearing room, civics classrooms engaged in debate inspired by the proceedings, commuters scanned radio dials, and office workers watched the uniquely American process on the internet.

Indeed some questions posed to the nominees proved the speculation: Judge Roberts and Judge Alito would be asked to answer questions that have not in the past, and should not now, be answered. But something else was occurring in the hearing room.

The cameras captured a broader picture of the American judiciary - exploring the appropriate role of the judiciary in a constitutional democracy, the balance of power among the three branches of government, the role of precedent in the creation of common law, judicial codes of conduct, the role of courts in protecting the liberties announced in the Bill of Rights, and judicial temperament.

The Senate hearing room was a national classroom. In some sense, all of us were in that Senate hearing room. The fundamental questions posed by Senators, the truly appropriate questions, are answered every day in courtrooms across this country.

And the level of attention to the hearings indicated that America's citizens continue to believe the courts are the preferred forum for settling their disputes.

South Carolinians were enormously proud of the leadership role of our senior Senator, Lindsey Graham, a member of the Senate Judiciary Committee, who observed, "most people get it. They do not want to take their case to a judge who is perceived as liberal or conservative." Senator Graham urged that Americans want someone who is right and fair. Here is how Senator Graham described the ideal American court in an address to

"(It) doesn't matter who you are, how much money you make, whether you're popular or not, it is a place where you can have your day and politics would never give you your day. It's a place where the unpopular can be heard, whether they be shut out in the political process. It's a place where the weak can take on the strong. And whatever political differences we have ... need to be parked at the courthouse door."

The selection of Chief Justice Roberts and Justice Alito demonstrated that our federal judicial selection system works to produce the best of the best.

The political stability of our democracy is a beacon of light to the world.

Now what is our governmental mission here at home?

The executive, legislative and judicial branches must have the kind of cooperative relationship that enables us to provide for the safety and security of our citizens.

The health of each of our branches depends on public acceptance of our authority and public confidence that we are exercising our authority fairly.

Judicial selection continues to be an important way of building public trust and confidence in a just system.

In each of my "State of the Judiciary" addresses, I have discussed our system of judicial selection. Every national meeting I attend deepens my conviction that South Carolina's basic system of legislative selection is a vast improvement over the selection methods in most states, which are money driven and influence tainted.

We have had judicial independence in South Carolina, the hallmark of the stability of the rule of law, because of our method of judicial selection by the General Assembly. But no system is perfect, and ours has the flaw that although it reflects, fairly closely, the diversity percentages within South Carolina's licensed lawyers, it does not represent the diversity of South Carolina's population.

The chart I am now showing illustrates what I'm saying. South Carolina's population is 51% women and 30% African American. Our lawyer population is 27% women and 5% African American. Judges are 17% women and 6% African American.

This is a problem of educating more minority lawyers, as well as an issue about the method of judicial screening and selection. I know each of you will work to ensure that our judicial officers reflect the face of South Carolina.

It has been 11 years since the South Carolina General Assembly created any new judicial positions at the trial level.

I urge this General Assembly to pass legislation now in each body which would create 3 new Circuit Judge and 3 new Family Court Judge positions. The costs are shown on my chart. I would suggest the positions be created now, to take effect next year with elections, and installation at the beginning of the following fiscal year.

South Carolina has, per capita, the highest caseload on the trial bench of any state system in the country - more than double the national average.

That said, I proudly report that streamlining with increased use of technology and reengineering our business process has kept case backlog fairly stable, but I fear for the future, as civil filings for the last three years have increased by almost 20 percent.

The loser in our overworked system is the quality of the hearings given to our litigants. Family Court is an assembly line. Temporary hearings are generally conducted on paper filings without live testimony. We simply do not have the docket space. Child support, abuse and neglect cases take up an enormous part of our docket. General Sessions and the criminal dockets in Circuit Court continue to rise. South Carolina ranks among the highest in the nation in per capita violent crime and criminal domestic violence.

I won't hammer you on this issue. I am extremely grateful for the consideration the Judicial branch has received from this General Assembly.

Our current base in state appropriations is $10 million less than it was five years ago when I became your chief. We have added fees and federal funds to attempt to make up the difference. The support of former Senator Fritz Hollings and Senator Lindsey Graham has been crucial in keeping our court system viable.

As the business manager of one of the three branches of government, I am acutely aware that the State has not conducted a comprehensive salary study since I was in the General Assembly 19 years ago.

Sound business practices and the move to restructuring necessitate a comprehensive study of compensation in all three branches, including constitutional officers, however restructured.

I will work with the leadership of each branch to establish, funded without state appropriations, to conduct such a study and make recommendations to all three branches.

This fall, Senator JIM RITCHIE chaired a Senate Judiciary Committee task force charged with making the first comprehensive study of the Family Court since its creation in the late 1970s. Hearings were conducted in Columbia and throughout the State. Litigants, lawyers, social services agencies, advocacy groups, judges and citizens were heard for many months.

The committee has come forward with a variety of recommendations which are being considered in the Senate now. I want to focus on two proposals which I believe have great potential.

When the South Carolina Statewide Family Court was created in 1977, it was a model for the nation - a court specialized in divorce, alimony, equitable division of marital property, child custody and visitation and adjudication of criminal offenses committed by juveniles. Today, Family Court is so inundated with cases that judges have on average 20 minutes per case to make decisions which have permanent impact on a child, on a parent, on a family. The child support enforcement cases alone take up a day of every five available for court hearings.

The vast majority of child support cases involve actions brought by DSS. The support ordered goes to DSS to offset its TANF (Temporary Assistance for Needy Families) payments to custodial parents on public assistance. Federal funding requirements mandate that DSS bring these collection actions or lose federal dollars.

Our Family Court system is drowning in these cases and in DSS abuse and neglect cases. Some of the biggest complaints about Family Court come from individuals involved in divorce, child custody and visitation and alimony cases who cannot get an adequate or timely hearing.

I proposed, and the RITCHIE Commission recommended, creation of a pilot program to use volunteer lawyers as hearing officers. These volunteer lawyers would work, pro bono, for free. They would be assigned the more routine matters - such as DSS child support enforcement cases.

I would like to be authorized to experiment with this idea for two years. If it works, you can consider a more permanent solution.

Many matters in Family Court are not only not resolved by the adversary court process, they are made worse. Mediation is a way of

Sentencing in the United States is a national disgrace. In his address to the American Bar Association two years ago, U.S. Supreme Court Justice Anthony Kennedy issued the call for sentencing reform. Former Speaker David Wilkins advocated sentencing reform for our State throughout his career. The prison population in our country has increased six fold from 1970-2000. This is a huge drain on state and local resources.

In the mid 1990s, our sister State of North Carolina took a long, hard look at its sentencing structure. It looked at truth in sentencing. Sometimes with good time credit, parole eligibility and the like, only the prisoners themselves understand what a sentence really means. North Carolina took four years to revamp their system. The result: violent prisoners are sentenced and serving longer time. Non-violent are serving shorter time. Total prison population and total state and local costs in North Carolina are decreasing.

I will be asking you and the executive branch to join in a policy summit to examine this issue.

The cornerstone of my management plan for our court system has been to utilize high-speed internet based connectivity to improve court operations and enhance public access. The basic building block was to develop web sites for each county's clerk of court and get all judges from magistrate through the Supreme Court on reliable high-speed internet access.

This goal has being achieved. The system is now used for court docket management, distribution of forms and law research access. But efforts now go far beyond the courts.

Our statewide technology initiatives for this year are:

to establish high-speed connectivity for every county court system. We are focusing on developing countywide area networks in the most rural counties in South Carolina.

to streamline and standardize court processes such as expungement and pre-trial intervention.

to continue to deploy our case management system.

Results to date:

The Statewide Court Case Management System is complete in Greenville, Pickens, Richland and York. We are in the process of installing in Beaufort, Jasper and Sumter. We will move this summer to Charleston and Horry. We could be 45 percent complete by the end of this year and totally deployed by 2008. This project has been funded almost entirely by federal money and is recognized as a national model.

Our court case management also involves modernizing the way the 16 circuit solicitors - our state prosecutors - function. Our solicitors control the docket in this State and I support the continuation of this system, but the day of managing dockets by roll call must go by the way of the buggy whip. Both defendants out on bond and jailed defendants awaiting trial must have set time frames for disposition of their case. Public safety, victim accountability, and reducing the county costs of jailing defendants awaiting trial demand it.

The solicitors of South Carolina are each completely committed to the differentiated case management system, and I have obtained federal grants which we used to design and deploy an automated case management system for solicitors at no cost to their counties other than maintenance. This system is completed in Greenville, Pickens, York and Union.

We are now in the process of installing the solicitors system in Charleston, Berkeley, Anderson, and Oconee. We will move next to Lexington, Edgefield, McCormick and Saluda and then to Greenwood, Laurens, Newberry and Abbeville. We also hope to complete installation of this system by 2008.

The tragedies of the Atlanta courthouse murders and Hurricane Katrina have resulted in a national focus on security in our courtrooms and disaster recovery.

My response has been to work with SLED Chief Robert Stewart in assembling a State Courthouse Security Task Force. We have surveyed security in every location in South Carolina where court is held from magistrates and city court to the county courthouse. We are now developing a series of standard operating procedures for counties to use as a guideline in developing a local court security plan.

Costs are being identified to provide minimum security needs in the courtrooms of South Carolina.

I'd like to highlight South Carolina courts and lawyers who make a national impact.

Our beloved State has an amazing impact nationally in the legal arena.

This past July, for the first time since the 1960s, South Carolina hosted the national annual meeting of the Conference of Chief Justices and the Conference of State Court Administrators in Charleston. Rosalyn Frierson and I, as the top court officials of our State, told the South Carolina story - of how a small, rural State with scarce resources is leading the nation in developing an internet based platform for managing court business. We showcased the proficiency of clerks, magistrates, judges, law enforcement and others from the smallest to the largest venues in our State. We changed a lot of assumptions about our courts and our people.

Our former Speaker, David Wilkins, a proud South Carolina lawyer, is representing the United States in the most important post of Ambassador to Canada. Reggie Lloyd who made South Carolina history 2 years ago as the youngest Circuit Court Judge ever, is making history again as the first ever African American U.S. Attorney for South Carolina. Kaye Hearn, Chief of our Court of Appeals, is the National President of the Council of Chief Judges of Courts of Appeal. Attorney I. S. Leevy Johnson is President of the American Bar Endowment. Attorney Pamela Roberts chairs the ABA Commission on Women in the profession. Attorney Ken Suggs is President of the American Trial Lawyers Association. Attorney David Dukes is President of the Defense Research Institute for Defense Trial Lawyers.

Quite an outstanding record of American legal leadership from our State.

So let me quickly recap the proposals I've made to you today:

Funding - For this year, I entreat you not to make any cuts in the modest Judicial Department requests now pending before the House Ways and Means subcommittee and the Senate Finance Committee. Even if all our requests are granted, the third branch of government will receive less than 1 percent of state revenues. For long term, I hope we can find a more stable way of funding our court system.

New Judges - I urgently request that you pass the Bill creating 3 new Circuit judges and 3 new Family Court judges, and that you screen and elect them by the close of the next legislative session.

Family Court Reform - Our Family Court dockets are in crisis. I urge you to allow me to use experienced lawyers as pro bono volunteer special hearing officers to relieve the backlog. I also ask you to approve and fund mandatory mediation in Family Court.

State Salary Study - I request you to join with me in creating a judicial, legislative, and executive salary study.

Sentencing - I will ask you to participate in a broad policy summit on sentencing in South Carolina so that we can begin the conversation on this issue.

Courtroom Security - When Chief Stewart and I complete our courtroom security inventory, we will be asking for your help in providing safe courtrooms in South Carolina and sensible plans for emergency preparedness and disaster recovery for our courts.

Conclusion

The Judicial Selection System for South Carolina will continue to be strengthened and improved, but you can rest assured that your votes for judges have created a judiciary whose integrity and work ethic are nationally acclaimed.

By any yardstick, my brothers and sisters who wear the robe and all who work for the courts of South Carolina are the finest in America.

May I present the South Carolina Supreme Court: Justice Jim Moore, Justice E. C. Burnett, Justice Costa Pleicones. We rejoice that Justice Waller will return to us next week after successful completion of major knee surgery.

May I present the South Carolina Court of Appeals: Chief Judge Kaye Hearn, Judge Bert Goolsby, Judge Sam Stillwell, Judge Tommy Huff, Judge Ralph Anderson, Judge Don Beatty, Judge John Kittredge, Judge Paul Short, Judge Bruce Williams, and Senior Judge Jasper Cureton.

Will all judges and court staff present please stand and receive the Joint Assembly's recognition?

I always close by reminding myself and you of the bright South Carolina future we all work so hard to promote.

Here's my family's future: my grandson, Patrick, and his Big Mama are plotting an Olympic bobsled run.

Thank you for your generous attention and God bless the great State of South Carolina.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT Pro Tempore declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:43 P.M., the Senate resumed.

At 12:45 P.M., by prior motion of Senator McCONNELL, the Senate receded until 2:00 P.M.

The Senate reassembled at 2:10 P.M. and was called to order by the PRESIDENT.

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

Senator CAMPSEN introduced Dr. William M. Simpson, Jr. of Charleston, S.C., Doctor of the Day.

Senator MARTIN rose for an Expression of Personal Interest.

S. 1182 (Word version) -- Senators Richardson, Scott and Mescher: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTH CAROLINA FIRST RESPONDER INTEROPERABILITY ACT WHICH PROVIDES FOR THE ESTABLISHMENT OF A STATEWIDE 800 MHZ COMMUNICATIONS NETWORK ALLOWING STATE AND LOCAL FIRST RESPONDER PUBLIC SAFETY ENTITIES TO COMMUNICATE ACROSS A SINGLE MOBILE TELECOMMUNICATIONS NETWORK, AND TO PROVIDE FOR THE FUNDING OF THE PALMETTO 800 NETWORK TO BE DERIVED IN PART FROM UNIVERSAL SERVICE FUNDS AND INTERIM LEC FUNDS DERIVED PURSUANT TO SECTION 58-9-280; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO TELEPHONE UTILITIES AND TELECOMMUNICATION SERVICES, SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE ALL PROVIDERS OF TELECOMMUNICATIONS SERVICES, INCLUDING WIRELESS AND CABLE PROVIDERS, TO CONTRIBUTE TO THE UNIVERSAL SERVICE FUND BASED ON A FORMULA DETERMINED BY THE COMMISSION AND TO PROVIDE THAT NO MORE THAN TWENTY MILLION DOLLARS ANNUALLY IN TOTAL USF ASSESSMENTS MAY BE IMPOSED ON ALL TELECOMMUNICATIONS SERVICE PROVIDERS SUBJECT TO THE USF IN ANY FISCAL YEAR.

On motion of Senator SHEHEEN, with unanimous consent, the names of Senators SHEHEEN and CLEARY were added as co-sponsors of S. 1182.

S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS AND VULNERABLE ADULT FATALITIES; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF FACILITIES TO INCLUDE RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS AND THE DEFINITION OF "INVESTIGATIVE ENTITY" TO INCLUDE THE SPECIAL INVESTIGATIONS UNIT IN THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 43-35-15, RELATING TO THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO PROVIDE THAT THE SPECIAL INVESTIGATIONS UNIT SHALL RECEIVE REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS, TO CLARIFY THE INVESTIGATIVE RESPONSIBILITIES OF THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM AT THE DEPARTMENT OF SOCIAL SERVICES, AND TO FURTHER PROVIDE FOR THE INVESTIGATION OF THESE INCIDENTS; TO AMEND SECTION 43-35-20, RELATING TO ADDITIONAL POWERS OF INVESTIGATIVE ENTITIES, SO AS TO PROVIDE THAT THESE ENTITIES HAVE ACCESS TO FACILITIES AS PERMITTED BY LAW; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, AND

On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was added as a co-sponsor of S. 1116.

S. 66 (Word version) -- Senators Short, Ford and Lourie: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.

On motion of Senator CLEARY, with unanimous consent, the name of Senator CLEARY was added as a co-sponsor of S. 66.

S. 1179 (Word version) -- Senators Grooms, Campsen and Cleary: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.

Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Agriculture and Natural Resources.

There was no objection.

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

On motion of Senator RICHARDSON, with unanimous consent, the names of Senators RICHARDSON and ALEXANDER were added as co-sponsors of S. 1179.

The following were introduced:

S. 1192 (Word version) -- Senator Williams: A SENATE RESOLUTION CONGRATULATING EDWIN "ED" CRAIG STEPHENS III OF MULLINS, SOUTH CAROLINA, FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT, COMMENDING HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD OF THE BOY SCOUTS OF AMERICA, AND WISHING HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1193 (Word version) -- Senator Williams: A SENATE RESOLUTION HONORING BISHOP WALLACE SNOW, SR. FOR HIS MANY ACCOMPLISHMENTS, THANKING HIM FOR HIS YEARS OF TIRELESS DEDICATION AND SELFLESS GIVING TO THE COMMUNITY, AND WISHING HIM WELL IN THE FUTURE.
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The Senate Resolution was adopted.

S. 1194 (Word version) -- Senator Martin: A SENATE RESOLUTION CONGRATULATING THE LADY BLUE FLAME OF PICKENS HIGH SCHOOL ON THEIR ELEVENTH AAA STATE CHAMPIONSHIP VOLLEYBALL TITLE, COMMENDING THEIR DEDICATION AND TEAMWORK, AND WISHING THEM MUCH SUCCESS IN THEIR FUTURE SEASONS.
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The Senate Resolution was adopted.

S. 1195 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION CONGRATULATING KRISTEN LAFFLER OF GREER ON RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD, THANKING HER FOR HER NUMEROUS HOURS OF

The Senate Resolution was adopted.

S. 1196 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION CONGRATULATING LINDLEY MAYER OF GREENVILLE ON RECEIVING THE PRUDENTIAL SPIRIT OF COMMUNITY AWARD, THANKING HER FOR HER NUMEROUS HOURS OF COMMUNITY SERVICE, AND WISHING HER MUCH SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1197 (Word version) -- Senators O'Dell and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-225 SO AS TO MAKE IT UNLAWFUL IN THIS STATE KNOWINGLY TO MANUFACTURE, BLEND, DISTRIBUTE, SELL, OR OFFER FOR SALE MOTOR FUEL CONTAINING METHYL TERTIARY BUTYL ETHER (MTBE) OR CERTAIN OTHER OXYGENATES AND TO DEFINE "MOTOR FUEL".
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1198 (Word version) -- Senators Hayes and Martin: A BILL TO AMEND SECTION 34-3-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSOLIDATION OR MERGER OF BANKS AND TRUST COMPANIES, SO AS TO PROVIDE THAT A FIDUCIARY OR OTHER RELATIONSHIP OF THE TRANSFERRING INSTITUTION DEVOLVES UPON THE RESULTANT BANK OR TRUST COMPANY EVEN IF THE TRANSFERRING INSTITUTION WAS NOT SERVING ACTIVELY IN THAT CAPACITY AT THE TIME OF THE MERGER, CONSOLIDATION, OR OTHER TRANSFER.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1199 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 42 TO TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 2006", TO PROVIDE PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER PERSON FOR A COMMERCIAL DEBT A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, CAPITAL GAINS, DIVIDEND BONUSES, AND COMMISSIONS OF THE DEBTOR; TO AMEND SECTION 37-5-104, RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR CERTAIN CONSUMER DEBTS, SO AS TO PERMIT GARNISHMENT FOR COMMERCIAL DEBTS AS DEFINED IN CHAPTER 42 OF TITLE 15, AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO A COURT'S DETERMINATION OF UNCONSCIONABLE CONDUCT REGARDING CERTAIN CONSUMER CREDIT TRANSACTIONS, SO AS TO ADD ANOTHER FACTOR FOR THE COURT TO CONSIDER OF INDUCING A DEBTOR IN A CONSUMER CREDIT OBLIGATION TO SIGN A STATEMENT INDICATING THAT THE DEBT IS INCURRED FOR BUSINESS OR COMMERCIAL PURPOSES SUBJECTING THE DEBT TO LEVY OR GARNISHMENT PURSUANT TO THE BUSINESS DEBT RECOVERY ACT DEPRIVING THE DEBTOR OF HIS RIGHTS PURSUANT TO TITLE 37 AND PROVIDING FURTHER PROCEDURES FOR THE COURT TO FOLLOW WHEN MAKING THIS DETERMINATION.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1200 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE

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

S. 1201 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
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Read the first time and referred to the Committee on Judiciary.

S. 1202 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR A PRESUMPTION THAT A DECEDENT AND THE DECEDENT'S SPOUSE HELD TANGIBLE PERSONAL PROPERTY IN A JOINT TENANCY WITH RIGHT TO SURVIVORSHIP, FOR EXCEPTIONS TO THE PRESUMPTION, AND FOR THE STANDARD OF PROOF OVERCOMING THE PRESUMPTION; TO AMEND SECTION 62-2-207, AS AMENDED, RELATING TO THE DETERMINATION OF AN ELECTIVE SHARE OF A SPOUSE, SO AS TO CLARIFY THAT AN INTEREST AS A BENEFICIARY IN A TESTAMENTARY TRUST OR PROPERTY PASSING TO AN INTER VIVOS TRUST THROUGH THE DECEDENT'S WILL ARE BENEFICIAL INTERESTS CHARGEABLE TO THE ELECTIVE SHARE; TO AMEND SECTION 62-3-1001, AS AMENDED, RELATING TO REQUIRED FILINGS IN THE PROBATE COURT, SO AS TO ALLOW INTERESTED PERSONS TO WAIVE THE FILING OF AN ACCOUNTING, A PROPOSAL FOR DISTRIBUTION OF ASSETS, OR A NOTICE OF THE RIGHT TO DEMAND A HEARING; AND TO AMEND SECTION 62-7-401, AS AMENDED, RELATING TO CREATION OF A TRUST, SO AS TO PROVIDE FOR THE

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

S. 1203 (Word version) -- Senators Matthews, Patterson, Drummond, Land and Hutto: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SYSTEM OF FREE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE MAINTENANCE AND SUPPORT OF A SYSTEM OF FREE PUBLIC SCHOOLS AND SHALL ESTABLISH, ORGANIZE, AND SUPPORT OTHER PUBLIC INSTITUTIONS OF LEARNING AT THE LEVEL NECESSARY TO PROVIDE EACH STUDENT THE OPPORTUNITY TO REALIZE HIS HIGHEST EDUCATIONAL POTENTIAL.
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Read the first time and referred to the Committee on Judiciary.

S. 1204 (Word version) -- Senators Grooms, Pinckney and Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE 300TH ANNIVERSARY OF ST. BARTHOLOMEW PARISH, LATER KNOWN AS COLLETON COUNTY, ON MARCH 3, 2006, AND TO EXTEND TO ALL THE OFFICIALS PARTICIPATING IN THIS CELEBRATION AN APPRECIATION FOR THEIR PART IN PLANNING THIS WONDROUS OCCASION.
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Senator GROOMS spoke on the Resolution.

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

S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land and Bryant: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING AN

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1206 (Word version) -- Senators Grooms, Campsen and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2006" AND TO PROVIDE THAT FOR PURPOSES OF THIS ACT, ISOLATED WETLANDS ARE THOSE WETLANDS NOT REGULATED BY THE FEDERAL CLEAN WATER ACT, TO ESTABLISH PROCEDURES AND CRITERIA FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR CONDUCTING CERTAIN DISCHARGING, DRAINING, AND DITCHING ACTIVITIES IN ISOLATED WETLANDS AND TO MONITOR PERMIT COMPLIANCE.
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Senator GROOMS spoke on the Bill.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1207 (Word version) -- Senators Richardson and Ryberg: A BILL TO AMEND SECTION 11-11-310 OF THE 1976 CODE, RELATING TO THE GENERAL RESERVE FUND, TO INCREASE THE AMOUNT OF THE RESERVE FUND TO FOUR PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR; AND TO AMEND SECTION 11-11-320, RELATING TO THE CAPITAL RESERVE FUND, TO INCREASE THE AMOUNT OF THE RESERVE FUND TO THREE PERCENT OF THE GENERAL FUND REVENUE FOR THE LATEST COMPLETED FISCAL YEAR.
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Senator RICHARDSON spoke on the Bill.

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

H. 3573 (Word version) -- Reps. Clark, Haley, Ballentine, Moody-Lawrence, Anthony, R. Brown, Clyburn, Frye, Hosey, Huggins, Mack, Mahaffey, J. H. Neal, J. M. Neal, Rice, D. C. Smith, J. R. Smith, Townsend, Vaughn, Walker, Vick, Duncan and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.

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

H. 3740 (Word version) -- Reps. McGee, Coates, M. Hines, Branham and J. Hines: A BILL TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 IN FLORENCE COUNTY, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH THESE LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

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

H. 4289 (Word version) -- Reps. McGee, Altman, Battle and Coates: A BILL TO AMEND SECTION 16-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SLANDER AND LIBEL, SO AS TO DELETE THE MALICIOUS INTENT STANDARD AND PROVIDE FOR AN ACTUAL MALICE STANDARD REQUIRING KNOWLEDGE THAT A STATEMENT IS FALSE OR MADE WITH RECKLESS DISREGARD FOR WHETHER THE STATEMENT IS FALSE.

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

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

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

H. 4410 (Word version) -- Reps. Cotty and Brady: A BILL TO AMEND SECTION 8-13-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY THE ETHICS ACT, SO AS TO CAP THE FINE AT FIVE THOUSAND DOLLARS.

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

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 134 (Word version) -- Senators Gregory and Alexander: A BILL TO AMEND SECTION 16-3-20 OF THE 1976 CODE, BY ADDING ARSON TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.

Ordered for consideration tomorrow.

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

S. 985 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 6-1-530(B) OF THE 1976 CODE, RELATING TO THE USE OF REVENUE FROM THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY WHICH COLLECTS ONE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES MAY USE THE REVENUE COLLECTED FOR THE OPERATION AND MAINTENANCE OF THE ITEMS LISTED IN SECTION 6-1-530(A) AND POLICE, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY-PREPAREDNESS OPERATIONS DIRECTLY ATTENDANT TO THOSE FACILITIES.

Ordered for consideration tomorrow.

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

S. 1044 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 12-45-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TAX RECEIPTS BY A COUNTY TREASURER UPON FULL PAYMENT OF THE TAXES AND CHARGES DUE, SO AS TO PROVIDE THAT A COUNTY TREASURER MAY ACCEPT A LESSER AMOUNT THAN THE ORIGINAL TAX BILL TOGETHER WITH ANY APPLICABLE PENALTIES, COSTS, AND CHARGES WHENEVER A BANKRUPTCY PROCEEDING AUTHORIZES A LESSER AMOUNT TO BE PAID, AND TO PROVIDE THAT THE AUDITOR MAY PREPARE A TAX BILL TO AUTHORIZE NEGOTIATED TAXES AS A RESULT OF A BANKRUPTCY.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1057 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 15-79-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDIATION AND ARBITRATION BEFORE A MEDICAL MALPRACTICE ACTION IS BROUGHT TO TRIAL, SO AS TO ALLOW PARTIES TO AGREE TO PARTICIPATE IN BINDING ARBITRATION, NON-BINDING ARBITRATION, EARLY NEUTRAL EVAULATION, OR OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION BEFORE A MEDICAL MALPRACTICE ACTION IS BROUGHT TO TRIAL.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

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

S. 1065 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-37-712, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESS TO A MARINA AND ITS BUSINESS RECORDS FOR THE PURPOSE OF MAKING PROPERTY TAX ASSESSMENTS, SO AS TO DEFINE "BUSINESS RECORDS" FOR PURPOSES OF THIS SECTION.

Ordered for consideration tomorrow.

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

S. 1108 (Word version) -- Senators Campsen, Sheheen and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT STANDING TIMBER IS CONSIDERED A CONVEYANCE OF A REAL PROPERTY INTEREST AND AS SUCH UNDER THE LAWS OF THIS STATE IS A LIKE-KIND EXCHANGE WITH OTHER SIMILAR CONVEYANCES OF A REAL PROPERTY INTEREST OR WITH CONVEYANCES OF SIMILAR INVESTMENT REAL PROPERTY OWNED IN FEE SIMPLE.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1145 (Word version) -- Senators Martin, McConnell, Ford, Knotts and Jackson: A BILL TO AMEND SECTION 7-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECOND AND OTHER PRIMARIES, SO AS TO PROVIDE THAT A SECOND PRIMARY, WHEN NECESSARY, MUST BE HELD FOUR WEEKS AFTER THE FIRST PRIMARY.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

S. 1174 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 42-3-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELATIONSHIP BETWEEN THE CHAIRMAN, EXECUTIVE ASSISTANT, AND ADMINISTRATIVE DIRECTOR OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO ELIMINATE THE POSITION OF EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT; TO AMEND SECTION 42-3-80, AS AMENDED, RELATING TO THE ADMINISTRATIVE DIRECTOR OF THE ADMINISTRATIVE DEPARTMENT OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE NAME OF THE ADMINISTRATIVE DIRECTOR TO THE EXECUTIVE DIRECTOR; AND TO REPEAL SECTION 42-3-50, RELATING TO THE EXECUTIVE ASSISTANT FOR THE JUDICIAL DEPARTMENT.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3079 (Word version) -- Reps. Howard, Clyburn, Cobb-Hunter and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-100, 2-19-110, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

H. 3993 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.

Ordered for consideration tomorrow.

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

H. 4015 (Word version) -- Rep. White: A BILL TO AMEND SECTIONS 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, AND 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE AND FOR CHANGE IN SUPERVISING PHYSICIAN; TO CLARIFY THE PERMANENT

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Invitations polled out H. 4549 favorable:

H. 4549 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF SEPTEMBER 2006 "MENOPAUSE AWARENESS MONTH" IN RECOGNIZING ITS EFFECTS ON THE HEALTH OF SOUTH CAROLINA WOMEN.

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

Ordered for consideration tomorrow.

S. 1183 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO DECLARE MARCH 1, 2006, AS CHILDREN AND FAMILY AWARENESS DAY.

Returned with concurrence.

Received as information.

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

S. 1050 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant, Setzler and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FAMILY COURT REFORM ACT OF 2006", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, SO AS TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE CLERK OF COURT UNLESS

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment (JUD1050.010) proposed by Senator MESCHER and previously printed in the Journal of February 23, 2006.

On motion of Senator RITCHIE, with unanimous consent, Amendment No. 1 was withdrawn and substituted with Amendment No. 1A.

Senator MESCHER proposed the following Amendment No. 1A (JUD1050.020):

Amend the bill, as and if amended, page 9, by striking line 20 and inserting:

/   maintenance and support.

(J)   When considering the factors provided in subsection (C) while making an award of alimony or separate maintenance and support, the court must give additional weight to both the award and the amount of the award of alimony or separate maintenance and support to the spouse seeking alimony or support when the court finds:

(a)   that the spouse seeking alimony or support has not engaged in adultery; and

(b)   that the other spouse has engaged in adultery prior to the earliest of either the formal signing of a written property or marital settlement agreement, or the entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.

The degree of additional weight given by the court to the award or the amount of the award of alimony or separate maintenance and support must be in the court's discretion."     /

Renumber sections to conform.

Amend title to conform.

Senator MESCHER explained the amendment.

Senator RITCHIE spoke on the amendment.

On motion of Senator RITCHIE, with unanimous consent, debate was adjourned on the Bill, with Senator RITCHIE retaining the floor.

S. 413 (Word version) -- Senators Hayes, Setzler, Mescher and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE HEARING ASSOCIATION (ASHA) OR WHO ARE LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION BEGINNING WITH FISCAL YEAR 2005-06, SHALL RECEIVE A PAY INCREASE OF SEVEN THOUSAND FIVE HUNDRED DOLLARS PER YEAR FOR THE LIFE OF THE CERTIFICATE OR LICENSE, SUBJECT TO FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Senator LEATHERMAN asked unanimous consent to commit the Bill to the Committee on Finance, retaining its place on the Calendar.

There was no objection.

The Bill was committed to the Committee on Finance.

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

H. 4526 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, D.C. Smith, Stewart and Clark: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND

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

There was no objection and the Bill was recalled from the committee.

Ordered placed on the Calendar for consideration tomorrow.

S. 1173 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 22, 2006, AS "CREATING SOLUTIONS FOR DISABILITIES DAY" TO ENDORSE THE "BUCK-A-CUP CAMPAIGN" AND OTHER PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 22, 2006, AT WHICH TIME THE STATE EASTER SEAL AND "BUCK-A-CUP" REPRESENTATIVES WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Senator MESCHER moved to recall the Resolution from the General Committee.

There was no objection and the Resolution was recalled from the committee.

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

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

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

S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. Verne Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT.

On motion of Senator LEATHERMAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator LEATHERMAN spoke on the report.

On motion of Senator LEATHERMAN, the Report of the Committee of Conference to S. 1026 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. Verne Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 2/2/06--H.)

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

/   SECTION   1.   (A)   There is appropriated from fiscal year 2004-2005 state general fund surplus revenues to the state's General Deposit Account an amount equal to $104,934,400 for the purpose of preventing an accumulated Generally Accepted Accounting Principles (GAAP) deficit in the general fund of the State in the amount of the funds appropriated. The Comptroller General shall adjust the state's accounts as appropriate to reflect this appropriation.

(B)   There is appropriated from fiscal year 2004-2005 state general fund surplus revenues to the State Department of Education an amount equal to $13,094,604 for school bus operations, to include the purchase of bus parts and fuel for the school bus fleet. Funds appropriated pursuant to this subsection not expended before July 1, 2006, must be carried forward into the succeeding fiscal year and used for the same purposes.

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

Amend title to read:

/   TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT AND TO APPROPRIATE FROM THE SAME SOURCE $13,094,604 TO THE STATE DEPARTMENT OF EDUCATION FOR PARTS AND FUEL FOR THE SCHOOL BUS FLEET.   /

/s/Hugh K. Leatherman             /s/Daniel T. Cooper
/s/J. Yancey McGill            /s/Herb Kirsh
/s/Lawrence K. Grooms             /s/Shirley R. Hinson
On Part of the Senate.                    On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., March 1, 2006

Mr. President and Senators:

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

S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. Verne Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT.
Very respectfully,
Speaker of the House

Received as information.

S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. Verne Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF

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

A message was sent to the House accordingly.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

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

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 1084 (Word version) -- Senators McConnell, Ritchie, Bryant, Campsen, Ford, Ryberg and Knotts: 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.

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 (JUD1084.007), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 22 in its entirety and inserting therein the following:

/   prosecution under this section:       /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator RITCHIE explained the Bill.

Senator HUTTO spoke on the Bill.

On motion of Senator ALEXANDER, with unanimous consent, Senators ALEXANDER, CLEARY and MATTHEWS were granted leave to attend a subcommittee meeting, be counted in any quorum calls and be granted leave to vote from the balcony.

At 3:29 P.M., on motion of Senator HUTTO, the Senate receded from business not to exceed five minutes.

At 3:35 P.M., the Senate resumed.

Senator RITCHIE spoke on the Bill.

Senators McCONNELL and CAMPSEN proposed the following Amendment No. 6 (JUD1084.027), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 6 in its entirety, and inserting therein the following:

/   the death or bodily injury occurred to the unborn child's mother. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

Senator HUTTO and RITCHIE proposed the following Amendment No. 7 (JUD1084.028), which was adopted:

Amend the bill, as and if amended, page 2, by adding an appropriately lettered subsection after line 33 to read:

/   ( )   Nothing in this section shall be construed to broaden or restrict any other rights currently existing for the child who is in utero./

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

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

The Bill was returned to the status of Special Order.

On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor, and the following names were reported to the Senate in open session:

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2005, and to expire June 30, 2010

At-Large:

Susan McWilliams, Post Office Drawer 2426, Columbia, S.C. 29202 VICE Flynn Thomas Harrell

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2006, and to expire June 30, 2012

At-Large:

Andrea C. Pope, 2928 Forest Drive, Columbia, S.C. 29204 VICE Lisa Chavis Glover

Under the provisions of Section 8-13-700, S. C. Code of Laws, we abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2005, and to expire June 30, 2009

3rd Congressional District:

Sherita Bolden, 2500 Fleming Dr., Anderson, S.C. 29621 VICE Patricia Pena

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 2003, and to expire June 30, 2007

3rd Congressional District:

Tim W. Roberts, P. O. Box 393, Anderson, S.C. 29622-0393 VICE Oscar Molin

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

Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2004, and to expire June 30, 2008

1st Congressional District:

Alpha "Al" Ted Bailey, Bailey Specialties, Inc., 2206 North Main St., Summerville, S.C. 29483 VICE Caleb Davis

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Thomas Owens, Jr. of Johnston, S.C.

At 3:53 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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