Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

The final verse of the book of Judges exclaims:

"In those days Israel had no king; everyone did as he saw fit." (Judges 21:25)

Let us pray:

Holy God, do most people live only for themselves, seeking to satisfy merely their own selfish goals? Is there nothing more to life than the chaos captured by sound-bites and slick images? There is indeed shallowness and evil and greed. All of that is true, we know. But also, we know that in this land we love there are men and women charged with leadership roles that make sense out of nonsense, that enable us to celebrate and even achieve much of the vision we seek for the good of all people. May our leaders-especially these leaders of the Senate of South Carolina-ever work together, creatively and determinedly, for the well-being of all citizens.

This we ask in your name, Lord.
Amen.

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

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

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

Nathan E. Andrews, 317 Mulberry Lane, McCormick, S.C. 29835

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

Patty L. Smith, P. O. Box 1027, McCormick, S.C. 29835

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

Jake O. Trantham, 171 Kirkland Dr., McCormick, S.C. 29835

Senator SHORT introduced Dr. Roger Gaddy of Winnsboro, S.C., Doctor of the Day.

At 4:00 P.M., Senator SCOTT requested a leave of absence for the balance of the day.

S. 79 (Word version) -- Senators Knotts and Cromer: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO ASSISTANT SOLICITORS AND TO CLARIFY A REFERENCE.

On motion of Senator SHEHEEN, the name of Senator SHEHEEN was added as a co-sponsor of S. 79.

S. 310 (Word version) -- Senators Hayes and Setzler: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR MEDICARE OR MEDICAID REIMBURSEMENT AND WHICH ARE SOLD BY WRITTEN PRESCRIPTION OR CERTIFICATE OF MEDICAL NECESSITY.

On motion of Senator GREGORY, the name of Senator GREGORY was added as a co-sponsor of S. 310.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns on Wednesday, January 31, 2007, the Senate would stand adjourned to meet on Thursday, February 1, 2007, at 11:00 A.M. in Statewide Session under the provisions of Rule 1B; and, further, when the Senate adjourns on Thursday, February 1, 2007, the Senate would stand adjourned to meet on Friday, February 2, 2006, at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

On motion of Senator LOURIE, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to Mr. Lee Rouse on the occasion of his retirement from Senate Security.

S. 322 (Word version) -- Senators Hayes, Hawkins, Vaughn, Peeler, Leatherman, Leventis, O'Dell, McConnell, Cromer, Patterson, Knotts, Land, Mescher and Martin: A BILL TO AMEND CHAPTER 114, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT, SO AS TO ENACT THE "SOUTH CAROLINA NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE FOR COLLEGE ASSISTANCE PROGRAM GRANTS TO BE ADMINISTERED BY THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE ELIGIBILITY REQUIREMENTS TO QUALIFY FOR THE GRANTS, TO PROVIDE FOR FUNDING TO BE APPROPRIATED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL PROMULGATE REGULATIONS; TO AMEND SECTION 59-111-75, RELATING TO THE LOAN REPAYMENT PROGRAM FOR MEMBERS OF THE NATIONAL GUARD SERVING IN AREAS OF CRITICAL NEED, SO AS TO PROVIDE THAT THE LOAN REPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND PROVIDE THAT MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHO HAVE RECEIVED LOANS BEFORE THE 2007-08 ACADEMIC YEAR MAY CONTINUE TO RECEIVE THEIR LOANS AND HAVE THEIR LOANS FORGIVEN PURSUANT TO THE PROVISIONS UNDER WHICH THE LOAN PROGRAM BEGAN; AND TO REPEAL ARTICLE 6, CHAPTER 111, TITLE 59, RELATING TO ONE-HALF TUITION FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD.

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

There was no objection.

The Bill was recalled from the Committee on Education.

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

There was no objection.

Senator HAYES asked unanimous consent to commit the Bill to the Committee on Finance.

There was no objection.

The Bill was committed to the Committee on Finance.

The following were introduced:

S. 357 (Word version) -- Senators Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE SUSAN "SUE" KNOTH WALTON ON THE OCCASION OF HER RETIREMENT AND WISH HER GOOD LUCK IN ALL HER FUTURE ENDEAVORS.
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Whereas, Susan "Sue" Knoth Walton has reached that time in her life that all self-respecting state employees long to reach; and

Whereas, this woman's long sought hiatus from that daily grind has finally been realized after much bon travaille in the vineyards of the legislative and executive branches of South Carolina state government; and

Whereas, her shy and demure demeanor belies the numerous legislative wars of which she is a veteran and which have not ruffled the soft spoken persona she has projected at all times; and

Whereas, Sue's intellect is especially appreciated by staff when she communicates with a direct and no-nonsense vocabulary that is easily understood; and

Whereas, this dedicated public servant was educated at the University of South Carolina with a Bachelor of Science in 1978; and

Whereas, Sue's work experience includes a long and distinguished number of jobs starting with being an internal auditor with the Budget and Control Board in 1978 to Director of Research with the South Carolina Senate Banking and Insurance Committee, the job from which she is retiring; and

Whereas, over her renowned career she has held the positions of Director of Research with the Joint Bond Review Committee, helping to guide legislators and staff through the morass associated with this complex area of legislation, Director of Budget and Research with the South Carolina Senate Finance Committee, Senior Research Analyst with South Carolina Senate Research, Director of Budgetary Planning and Financial Analysis with the University of South Carolina, and Director of Research with the South Carolina Senate Transportation Committee; and

Whereas, Sue captured the essence of a work ethic for which all strive to emulate; and

Whereas, her "energizer bunny" attitude toward work, which was often recharged by her trips to Edisto Beach, has left an impression on the General Assembly which will be sorely missed; and

Whereas, we cannot recognize Sue on this occasion without mentioning the apple of her eye, her son, Nathan, her loving step-daughter, Anna, and the support of her wonderful husband, Ed, which has allowed her to succeed to the level of professionalism she has attained; and

Whereas, it is appropriate for members of the General Assembly to pause in their deliberations so that they may honor this extraordinary exemplar of public service that has been the career of Sue Walton. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly congratulate Susan "Sue" Knoth Walton on the occasion of her retirement and wish her good luck in all her future endeavors.

Be it further resolved that a copy of this resolution be forwarded to Susan "Sue" Knoth Walton.

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

On motion of Senator THOMAS, with unanimous consent, the Privilege of the Chamber and Floor was extended to Mrs. Susan "Sue" Knoth Walton on the occasion of her retirement as Research Director of the Senate Banking and Insurance Committee.

Senator THOMAS spoke on the Resolution.

Mr. PRESIDENT, this is to honor one of our Senate staff members who is retiring.

If I could have your attention, the Senator from Clarendon is coming with a presentation. I would like to ask anyone who has worked closely with Sue Walton to come to the podium. That's about everybody in here, so I may lose my audience.

I have asked for unanimous consent that her family and friends be allowed behind the rail. We have already received prior permission from the Invitations Committee for Sue to be allowed to come to the podium. So Sue, please come to the podium at this time.

It was a sad, sad day eight weeks ago when I got a phone call from Sue Walton. To my shock she said she had decided to retire and spend time with her son and husband. I said, "You mean rather than with me? I don't understand that." She said, "That's right." I was very grieved that we had lost, I think, one of the most outstanding staff members that we have ever had in the Senate. I promise you I didn't chase her off. Tell them I didn't chase you off.

We have a Concurrent Resolution for Sue, and the Senator from Clarendon also has a presentation he is going to make.

I want to acknowledge Sue's family that is present and standing behind the rail. Betty Knoth, Sue's mother, who has moved to South Carolina from California, is with us. Welcome to South Carolina. You've escaped from the wildfires only to find yourself coming in connection with the ice storms. Ed Walton - Ed please raise your hand. And, Nathan, please raise your hand. There's that wild man. And, Anna, please raise your hand. We are really glad to have you.

As soon as the presentations are complete, I will be asking for unanimous consent for us to break to attend a reception in the Cloak Room in Sue's honor. We have cake and punch. At 4:30 p.m. there is going to be a special reception at the Palmetto Club for Sue. Everybody is invited to attend this reception.

This is a very special day for someone who has meant so much to the Senate. We're honoring you today, Sue. You're just a delightful person. We love you, and I ask consent at this time to have the Concurrent Resolution read.

Thanks to Mary Riley for putting this together. Thank you very much, Mary, for all your hard work.

Sue, we really do appreciate you.

Senator LAND spoke on the Resolution.

Sue, you know I have been around here a long time--I think about 33 years now--and I have seen a lot of great South Carolinians and great employees of the Senate and the House. But I think you are symbolic of all of those because of the words that you just heard and because of the dedication that you have shown to all of us and especially to those for whom you have worked over the years. I don't know of any more dedicated employee or more competent or diligent employee that I have ever had and anyone else in this Senate has ever had. You are just wonderful. You work hard and you are smart, which is especially helpful in this Senate, and we need that very much, and I am sorry to see you go. At the same time I am happy for you, because I know you've got a lot to do with that fine son there who is doing exactly what a 6- going on 7-year-old should be doing. We will miss you but your family will enjoy having you at home with them. Every member of the Senate joined in this Senate Certificate for you, and it says:

In commendation for your twenty-nine years of service to the State of South Carolina during which time you have held prominent positions in state government; and

In recognition of the complex issues you have tackled with diligence and integrity and for the instrumental role you have played in many significant matters of government; and

To acknowledge that you have been an invaluable employee who is respected by state leaders and fellow employees for your keen intellect, hard work, and professionalism; as well as

With our best wishes for a happy and healthy retirement.
Given this 31st day of January in the year Two Thousand Seven

That is a beautiful certificate and you so richly deserve it. We thank you and wish you well.

And, Mr. PRESIDENT, I would ask that, when the Senate adjourns tomorrow, that we do so in honor of Sue Walton.

S. 358 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 11, 2007, AS "SUNSHINE SUNDAY" AND MARCH 11-17, 2007, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES COMMEMORATING OUR OPEN, DEMOCRATIC GOVERNMENT.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 359 (Word version) -- Senator Ford: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, ACT 924 OF 1970, AS AMENDED, ACT 245 OF 1979, AS AMENDED, ACT 523 OF 1982, AND ACT 580 OF 1984, ALL RELATING TO THE CONSTITUENT SCHOOL DISTRICT BOARDS OF TRUSTEES IN CHARLESTON COUNTY, SO AS TO PROVIDE THAT MEMBERS OF THE CONSTITUENT SCHOOL DISTRICT BOARDS OF TRUSTEES MUST BE APPOINTED BY THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES; TO PROVIDE THAT MEMBERS SERVING ON THE CONSTITUENT SCHOOL DISTRICT BOARDS OF TRUSTEES AS OF THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE UNTIL THEIR TERMS END AND THEIR SUCCESSORS ARE APPOINTED BY THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES; AND TO REPEAL ACT 397 OF 1973 AND SECTION 2 OF ACT 231 OF 1983, BOTH RELATING TO ELECTION OF MEMBERS OF THE CONSTITUENT SCHOOL DISTRICT BOARDS OF TRUSTEES IN CHARLESTON COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 361 (Word version) -- Senators Richardson, Scott, Grooms, Gregory, Vaughn, Leatherman, Hutto, Malloy, Cleary, Short, Thomas, Ford, Rankin, Ryberg, Land, Ritchie, Patterson, Campsen, McConnell, Matthews, Martin, Hayes and O'Dell: A BILL TO AMEND SECTION 38-75-1160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE REQUIREMENT PRIOR TO CANCELLATION OR REFUSAL TO RENEW A PROPERTY INSURANCE POLICY, SO AS TO EXTEND THE DATE UPON WHICH THE POLICY SHALL BE CANCELED OR NONRENEWED AFTER NOTICE IS PROVIDED.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 362 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary and Alexander: A BILL TO AMEND CHAPTER 23, TITLE 59 OF THE 1976 CODE BY ADDING SECTION 59-23-215, TO PROVIDE THAT ALL PUBLIC SCHOOL PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ACT, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL REPORT TO THE GENERAL ASSEMBLY THE EFFECTS OF THE ARTICLE.
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Read the first time and referred to the Committee on Education.

S. 363 (Word version) -- Senators Hutto and Peeler: A BILL TO AMEND CHAPTERS 6 AND 18 OF TITLE 59, SECTIONS 59-1-450, 59-1-452, AS AMENDED, 59-1-453, 59-21-440, 59-21-600, 59-21-1210, 59-21-1220, 59-24-65, 59-24-100, 59-24-110, 59-26-20, AS AMENDED, 59-28-150, 59-28-190, 59-28-200, AS AMENDED, 59-28-210, 59-28-220, 59-29-170, 59-29-220, 59-40-70, AS AMENDED, 59-40-230, 59-50-20, AS AMENDED, 59-59-170, 59-63-65, 59-139-10, 59-139-40, 59-139-50, 59-139-60, AND 59-150-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL CONTAINING REFERENCES TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO CHANGE REFERENCES FROM THE EDUCATION OVERSIGHT COMMITTEE TO THE DEPARTMENT OF EDUCATION OR THE SUPERINTENDENT OF EDUCATION OR TO DELETE THE REFERENCE; AND TO REPEAL SECTION 59-141-10 RELATING TO NATIONAL EDUCATION GOALS THAT HAVE EXPIRED.
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Senator HUTTO spoke on the Bill.

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

S. 364 (Word version) -- Senators Peeler, Matthews, McGill, Hayes and Alexander: A JOINT RESOLUTION TO DIRECT THE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY OF THE PURCHASING AND PROCUREMENT PROCESSES UTILIZED BY THE DEPARTMENT OF TRANSPORTATION AND REPORT ITS FINDINGS AND RECOMMENDATIONS ON OR BEFORE JUNE 30, 2008.
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Read the first time and referred to the Committee on Finance.

S. 365 (Word version) -- Senators Peeler, Matthews, McGill, Hayes and Alexander: A BILL TO AMEND SECTION 10-1-180 OF THE 1976 CODE, RELATING TO THE EXPENDITURE OF FUNDS BY A STATE AGENCY BEING SUBJECT TO THE APPROVAL AND REGULATION BY THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE AN EXEMPTION FOR CONSTRUCTION, MAINTENANCE, AND REPAIR OF BRIDGES, HIGHWAYS, AND ROADS BY THE DEPARTMENT OF TRANSPORTATION.
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Read the first time and referred to the Committee on Finance.

S. 366 (Word version) -- Senators Hayes, Land, Courson, Matthews, Grooms and Richardson: A BILL TO AMEND SECTION 6-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTING BY COUNTIES AND MUNICIPALITIES TO THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE REPORTING DATE; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTIONS 11-11-155 AND 11-11-156, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN THE COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO ALLOW A COUNTY ORDINANCE IMPLEMENTING THE ACCELERATION TO USE A MONTHLY, QUARTERLY, OR SEMI-ANNUAL SCHEDULE, PROVIDE FOR THE ASSESSOR TO DO THESE LISTINGS, ELIMINATE PROVISIONS PROVIDING FOR PAYMENT IN THE SUCCEEDING TAX YEAR, AND PROVIDE THAT ADDITIONAL TAX IS DUE ON THE VALUE OF THE IMPROVEMENTS LISTED WITHOUT REGARD TO A TAX RECEIPT ISSUED EARLIER FOR PAYMENT ON THE UNIMPROVED PROPERTY; TO AMEND SECTIONS 12-37-3130, 12-37-3140, AND 12-37-3150, RELATING TO DEFINITIONS, VALUATION, AND ASSESSABLE TRANSFER OF INTEREST, FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO DELETE REFERENCES TO "BENEFICIAL USE", TO REVISE THE DEFINITION OF "CONVEYANCE" AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED, TO CLARIFY THE DATE AND PROPERTY TAX YEAR FOR WHICH REVISED VALUES APPLY, DELETE UNIT VALUATION REAL PROPERTY FROM THE APPLICABLE LIMITS, AND PROVIDE THAT THE TRANSFER OF AN INTEREST IN A TIMESHARE UNIT DOES NOT RESULT IN AN ASSESSABLE TRANSFER OF INTEREST; AND TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX APPEALS, SO AS TO PROVIDE THAT IN NONREASSESSMENT YEARS, AN APPEAL MADE BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE YEAR APPLIES FOR THAT YEAR AND AN APPEAL FILED ON OR AFTER THAT DATE APPLIES FOR THE NEXT YEAR.
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Read the first time and referred to the Committee on Finance.

S. 367 (Word version) -- Senators Hayes, Setzler, Matthews, Short, Fair and Richardson: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN A COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT AND TO PROVIDE THAT THIS MILLAGE INCREASE LIMIT DOES NOT AMEND OR REPEAL ANY MORE RESTRICTIVE LIMIT APPLICABLE IN OTHER LAW.
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Read the first time and referred to the Committee on Finance.

S. 368 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: A BILL TO AMEND SECTION 1-11-220 OF THE 1976 CODE, RELATING TO THE FLEET MANAGEMENT PROGRAM, TO PROVIDE THAT THE PROGRAM SHALL SEEK TO IMPROVE ENVIRONMENTAL QUALITY BY DECREASING THE DISCHARGE OF POLLUTANTS; AND TO AMEND SECTION 1-11-310, RELATING TO THE ACQUISITION OF THE STATE FLEET, TO PROVIDE THAT PREFERENCE MUST BE GIVEN TO HYBRID, PLUG-IN HYBRID, BIO-DIESEL OR FLEX-FUEL VEHICLES WHEN A COMPARABLE PRICE AND QUALITY IS AVAILABLE.
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Read the first time and referred to the Committee on Finance.

S. 369 (Word version) -- Senators Jackson, Lourie, Leventis, Hutto and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OR OCCUPANT OF A MOTOR VEHICLE TO SMOKE A TOBACCO PRODUCT WHILE A CHILD WHO IS LESS THAN TEN YEARS OLD IS ALSO AN OCCUPANT OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
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Senators JACKSON, LEVENTIS, HUTTO and PINCKNEY spoke on the Bill.

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

S. 370 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.
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Read the first time and referred to the Committee on Judiciary.

S. 371 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 10 AND NEW VOLUME 9A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2007.
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Read the first time and referred to the Committee on Judiciary.

S. 372 (Word version) -- Senators Peeler, Matthews, McGill, Hayes and Alexander: A BILL TO AMEND ARTICLE 7, CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO THE RULES OF CONDUCT FOR STATE EMPLOYEES AND AGENCIES, BY ADDING SECTION 8-13-800, TO PROVIDE THAT STATE AGENCIES THAT SERVE AS THE PRIMARY HOST OR SPONSORSHIP OF AN EVENT ARE PROHIBITED FROM OBTAINING SPONSORSHIPS FOR THE EVENT, AND TO DEFINE SPECIFIC TERMS.
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Read the first time and referred to the Committee on Judiciary.

S. 373 (Word version) -- Senators Peeler, Matthews, McGill, Hayes and Alexander: A BILL TO AMEND SECTION 8-27-10(4) OF THE 1976 CODE, RELATING TO THE DEFINITION OF A REPORT AS USED IN THE WHISTLEBLOWER STATUTE, TO PROVIDE THAT TESTIMONY GIVEN TO A STANDING COMMITTEE, SUBCOMMITTEE OF A STANDING COMMITTEE, OR A STUDY COMMITTEE OF THE SENATE OR HOUSE OF REPRESENTATIVES IS ENTITLED TO THE PROTECTIONS OF THE WHISTLEBLOWER STATUTE.
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Read the first time and referred to the Committee on Judiciary.

S. 374 (Word version) -- Senators McConnell, Moore, Ford, Mescher, Rankin and Scott: A BILL TO AMEND SECTION 58-9-2200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TELECOMMUNICATIONS SERVICES, SO AS TO EXCLUDE VIDEO SERVICES FROM THE DEFINITION OF RETAIL TELECOMMUNICATIONS SERVICES; TO AMEND SECTION 58-12-5, RELATING TO THE FRANCHISING OF CABLE SERVICES, SO AS TO INCLUDE VIDEO SERVICES; AND TO AMEND ARTICLE 3, CHAPTER 12, TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR CABLE SERVICE PROVIDERS, SO AS TO INCLUDE VIDEO SERVICE PROVIDERS.
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Read the first time and referred to the Committee on Judiciary.

S. 375 (Word version) -- Senators Peeler, Matthews, McGill, Hayes and Alexander: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE 1976 CODE, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-55, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY SEEK RECOVERY OF A PENALTY OR DAMAGES FROM A STATE AGENCY THAT VIOLATES STATE OR FEDERAL ENVIRONMENTAL LAWS OR REGULATIONS, TO PROVIDE THAT THE DEPARTMENT AND THE STATE AGENCY ALLEGED TO HAVE VIOLATED A STATE OR FEDERAL LAW OR REGULATION MUST REACH A SETTLEMENT OR COMPROMISE WITHIN ONE HUNDRED EIGHTY DAYS OF THE ISSUANCE OF A CITATION FOR THE VIOLATION, TO PROVIDE THAT FROM THE DATE THE CITATION IS ISSUED, DURING SETTLEMENT OR COMPROMISE NEGOTIATIONS, AND DURING THE PENDENCY OF A HEARING TO RESOLVE THE MATTER, THE DEPARTMENT MAY NOT CONTACT THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY REGARDING ENFORCEMENT OF THE ALLEGEDLY VIOLATED LAW OR REGULATION, TO PROVIDE THAT THE AGENCY MUST REQUEST A HEARING BY THE ADMINISTRATIVE LAW COURT IF THE DEPARTMENT AND THE AGENCY CANNOT REACH A SETTLEMENT OR COMPROMISE, TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT HAS EXCLUSIVE JURISDICTION OVER THE MATTER AND THAT ITS DECISION IS NOT APPEALABLE, TO PROVIDE FOR REMEDIES IF THE AGENCY FAILS TO TIMELY FILE A REQUEST FOR HEARING OR REJECTS AN OFFER TO SETTLE OR COMPROMISE THAT IS AT LEAST AS FAVORABLE AS THE REJECTED OFFER, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST ANNUALLY SUBMIT A REPORT TO THE GENERAL ASSEMBLY CONCERNING PENALTIES OR DAMAGES PAID TO THE DEPARTMENT BY STATE AGENCIES.
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Read the first time and referred to the Committee on Medical Affairs.

S. 376 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", TO PROVIDE THAT ALL STATE-FUNDED MAJOR FACILITY PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL REPORT TO THE GENERAL ASSEMBLY THE EFFECTS OF THE ARTICLE.
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Read the first time and referred to the Committee on Medical Affairs.

S. 377 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE INVESTMENT ACT OF 2007" TO PROVIDE THAT A RESIDENT TAXPAYER WHO CONSTRUCTS A COMMERCIAL BUILDING THAT MEETS THE STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL SHALL RECEIVE A TAX CREDIT, TO PROVIDE THAT A TAXPAYER WHO APPLIES FOR THE TAX CREDIT MAY PARTICIPATE IN AN EXPEDITED PERMIT PROCESS UPON THE POSTING OF AN ENVIRONMENTAL PERFORMANCE BOND, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT ANNUALLY THE GENERAL ASSEMBLY SHALL HONOR NOT MORE THAN FIVE TAXPAYERS WHO PROMOTE EFFECTIVE ENERGY AND ENVIRONMENTAL STANDARDS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 378 (Word version) -- Senators Peeler, Matthews, McGill, Hayes and Alexander: A BILL TO AMEND ARTICLE 2, CHAPTER 3, TITLE 57 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS APPLICABLE TO THE DEPARTMENT OF TRANSPORTATION, BY ADDING SECTION 57-3-210, TO ESTABLISH THE OFFICE OF INTERNAL AUDIT WHICH SHALL ESTABLISH, IMPLEMENT, AND MAINTAIN THE EXCLUSIVE INTERNAL AUDIT FUNCTION OF THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT MUST PROVIDE APPROPRIATE OFFICE SPACE AND FACILITY SERVICE TO THE OFFICE, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION COMMISSION HAS THE EXCLUSIVE MANAGEMENT AND CONTROL AUTHORITY OVER THE OFFICE, AND TO PROVIDE THAT ALL FINAL AUDIT REPORTS MUST BE SUBMITTED TO THE COMMISSION BEFORE BEING MADE PUBLIC.
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Read the first time and referred to the Committee on Transportation.

S. 379 (Word version) -- Senators Knotts, Ford, Thomas, Grooms and Land: A BILL TO AMEND SECTION 56-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "DEALER" OR "MOTOR VEHICLE DEALER", SO AS TO ADD AN EXEMPTION FROM THE DEFINITION FOR A PERSON WHO SELLS A VEHICLE FOR WHICH HE OBTAINED TITLE THROUGH A MAGISTRATE'S PUBLIC SALE PURSUANT TO SECTION 29-15-10, SUBJECT TO CERTAIN REQUIREMENTS.
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Read the first time and referred to the Committee on Transportation.

S. 380 (Word version) -- Senators Cromer, Ford, Ryberg, Campsen, Alexander, Scott, Bryant and Lourie: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO PROVIDE THAT A PORTION OF THE PREMIUM MUST BE PAID TO THE DEPARTMENT OF MOTOR VEHICLES AND PLACED IN THE EDS INSURANCE FUND; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATED TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "ELECTRONIC DATA SERVICES" AND "EDS INSURANCE FUND"; TO AMEND SECTION 56-10-552, RELATING TO THE UNINSURED ENFORCEMENT FUND, SO AS TO MAKE A TECHNICAL CHANGE; AND BY ADDING ARTICLE 9 TO CHAPTER 10, TITLE 56 SO AS TO ENACT THE AUTOMOBILE INSURANCE ELECTRONIC DATA SERVICES ACT, TO PROVIDE FOR THE PURPOSE OF THIS ARTICLE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE ELECTRONIC DATA SERVICES PROVIDED PURSUANT TO THIS ARTICLE, TO ESTABLISH THE EDS INSURANCE FUND, TO PROVIDE THAT THE DEPARTMENT MUST COLLECT DATA AND MAINTAIN STATISTICS FOR EACH FISCAL YEAR IN REGARD TO ELECTRONIC DATA SERVICES AND THE TRANSMISSION OR DELIVERY OF DRIVER, VEHICLE, AND OTHER RELATED DATA TO THE INSURANCE INDUSTRY, AND PROVIDE THAT THIS ARTICLE DOES NOT SUPERSEDE OTHER ACTIONS BY THE DEPARTMENT TO TRANSMIT OR DELIVER DATA IN ACCORDANCE WITH THE PURPOSES OF ARTICLE 9, CHAPTER 10, TITLE 56.
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Read the first time and referred to the Committee on Transportation.

S. 381 (Word version) -- Senator Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT SHALL RECEIVE ANNUAL WRITTEN AUTHORIZATION FROM A MUNICIPALITY BEFORE THE DISTRICT MAY PARK MORE THAN TWENTY-FIVE BUSES ON A PROPERTY THAT THE DISTRICT OWNS OR LEASES WITHIN THAT MUNICIPALITY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 382 (Word version) -- Senators Land, Hawkins, Knotts and Rankin: A BILL TO AMEND SECTION 42-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION FOR DETERMINING COMPENSATION FOR AN EMPLOYEE'S TOTAL DISABILITY, SO AS TO DELETE THE LIMITATION ON THE LENGTH OF TIME THE COMPENSATION MAY NOT EXCEED, DELETE THE EXCEPTION TO THIS LIMITATION, DELETE THE PROHIBITION OF A LUMP SUM AWARD, AND TO PROVIDE THAT A TOTALLY AND PERMANENTLY DISABLED EMPLOYEE SHALL RECEIVE THE BENEFITS FOR LIFE.
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Read the first time and referred to the Committee on Judiciary.

S. 383 (Word version) -- Senators Land, Hawkins, Knotts and Rankin: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONCLUSIVENESS OF AN AWARD BY THE WORKERS' COMPENSATION COMMISSION, AN APPEAL FROM THE DECISION AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO PROVIDE FOR THE PAYMENT OF WEEKLY COMPENSATION AND THE PROVISION OF MEDICAL TREATMENT ORDERED BY THE COMMISSION DURING THE PENDENCY OF AN APPEAL AND TO PROVIDE FOR THE PAYMENT OF INTEREST ON THE UNPAID PORTION OF THE AWARD NOT PAID DURING THE PENDING OF AN APPEAL.
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Read the first time and referred to the Committee on Judiciary.

S. 384 (Word version) -- Senators Land, Hawkins, Knotts and Rankin: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERIOD WITHIN WHICH MEDICAL, SURGICAL, HOSPITAL, AND OTHER TREATMENT MUST BE FURNISHED AND THE REFUSAL OF AN EMPLOYEE TO ACCEPT TREATMENT IN WORKERS' COMPENSATION CASES, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO SELECT HIS TREATING PHYSICIAN, TO DELETE THE REQUIREMENT THAT THE DISABILITY OF AN INJURED EMPLOYEE MUST BE TOTAL AND PERMANENT TO RECEIVE TREATMENT OR CARE PAYMENTS DURING THE LIFE OF THE INJURED EMPLOYEE, AND TO DELETE THE PROVISION WHICH PROVIDES FOR PAYMENT TO AN INJURED EMPLOYEE WITHOUT REGARD TO ANY LIMITATION, INCLUDING THE MAXIMUM COMPENSATION LIMIT.
l:\council\bills\nbd\11233ab07.doc

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

S. 385 (Word version) -- Senators Land, Hawkins, Knotts and Rankin: A BILL TO AMEND SECTION 42-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF AN AWARD BY THE WORKERS' COMPENSATION COMMISSION WHEN THERE HAS BEEN A CHANGE IN CONDITION, SO AS TO EXTEND FROM TWELVE MONTHS TO TWO YEARS THE PERIOD FOR REQUESTING THE REVIEW OF AN AWARD FOR A CHANGE IN CONDITION.
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Read the first time and referred to the Committee on Judiciary.

S. 386 (Word version) -- Senators Land, Hawkins, Knotts and Rankin: A BILL TO AMEND SECTION 42-1-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEE'S RIGHTS AND REMEDIES EXCLUDED UNDER TITLE 42, WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT AN EMPLOYEE'S RIGHTS AND REMEDIES DO NOT EXCLUDE AN ACTION AGAINST THE EMPLOYER OR CARRIER FOR A WILFUL, INTENTIONAL, OR RECKLESS INJURY RESULTING FROM THE VIOLATION OF A STATUTE OR REGULATION ENACTED BY FEDERAL, STATE, OR LOCAL AUTHORITIES TO ENSURE A SAFE WORKPLACE, THE INTENTIONAL REMOVAL OF A SAFETY DEVICE, OR WARNING LABEL FROM A MACHINE OR EQUIPMENT USED IN THE EMPLOYMENT, OR FOR THE BAD FAITH REFUSAL OF AN EMPLOYER OR CARRIER TO PAY BENEFITS OR PROVIDE MEDICAL TREATMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 387 (Word version) -- Senators Land, Hawkins, Knotts and Rankin: A BILL TO AMEND SECTION 42-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" AS USED IN THE WORKERS' COMPENSATION LAW, SO AS TO INCLUDE THE COST OF HEALTH, LIFE, AND DISABILITY INSURANCE PREMIUMS AND RETIREMENT CONTRIBUTIONS AND TO PROVIDE THAT WHEN ALLOWANCES ARE MADE TO AN EMPLOYEE INSTEAD OF WAGES AS PART OF A VERBAL OR WRITTEN WAGE CONTRACT THEY ARE CONSIDERED A PART OF HIS EARNINGS.
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Read the first time and referred to the Committee on Judiciary.

S. 388 (Word version) -- Senators Land, Hawkins, Knotts and Rankin: A BILL TO AMEND SECTION 42-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EMPLOYEE'S RIGHT TO VOCATIONAL REHABILITATION SERVICES WHO IS INJURED DUE TO RADIATION EXPOSURE, SO AS TO DELETE THE REQUIREMENT THAT THE INJURY MUST BE CAUSED BY RADIATION EXPOSURE AND THE LIMITATION ON THE LENGTH OF TIME THE VOCATIONAL REHABILITATION TRAINING MAY BE OFFERED.
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Read the first time and referred to the Committee on Judiciary.

S. 389 (Word version) -- Senators Campsen, Bryant, Vaughn, Grooms, Martin, Verdin, Scott, Richardson, Fair, Ryberg, Thomas and Gregory: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AGE OF CONSENT, SO AS TO DELETE THE PROVISION THAT NO UNMARRIED WOMAN SHALL LEGALLY CONSENT TO SEXUAL INTERCOURSE WHO SHALL NOT HAVE ATTAINED THE AGE OF FOURTEEN YEARS.
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Read the first time and referred to the Committee on Judiciary.

H. 3052 (Word version) -- Reps. Coleman, Shoopman, Bingham and Toole: A BILL TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND TO RATIFY AMENDMENTS TO SECTION 17, ARTICLE I, AND SECTION 5, ARTICLE XIV, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

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

H. 3063 (Word version) -- Reps. Delleney, Harrison, Simrill, Taylor, Davenport, Sandifer, Barfield, Owens, E. H. Pitts, Rice, Walker, Toole, Viers, M. A. Pitts, Vick, Littlejohn, Mahaffey, Haskins, Young, G. R. Smith, Shoopman, Witherspoon, Umphlett, Bedingfield, Cotty, Bingham, Mulvaney and Ballentine: A BILL TO RATIFY AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15 SO AS TO PROVIDE THAT MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT IS VALID OR RECOGNIZED IN THIS STATE AND TO PROVIDE THAT THE STATE OR ITS POLITICAL SUBDIVISIONS MAY NOT CREATE ANY OTHER DOMESTIC UNION AND MAY NOT RECOGNIZE A DOMESTIC UNION CREATED BY ANOTHER JURISDICTION.

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

H. 3112 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND 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 ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.

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

H. 3226 (Word version) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: A BILL TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, AND TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR LEGAL OCCUPATION.

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

H. 3385 (Word version) -- Reps. Pinson, M. A. Pitts and Parks: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE GREENWOOD HIGH SCHOOL VARSITY FOOTBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2006 DIVISION II CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

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

H. 3408 (Word version) -- Reps. Witherspoon, Barfield, Merrill, Ceips, Brantley, Chellis, Coleman, Crawford, Davenport, Duncan, Edge, Hardwick, Harrison, Hinson, Kelly, Loftis, Lowe, Mahaffey, Moss, M. A. Pitts, Sandifer, W. D. Smith, Thompson and Walker: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA MARINAS FOR THEIR VITAL ROLE IN PROVIDING A GATEWAY TO BOATING FOR THE CITIZENS AND VISITORS OF SOUTH CAROLINA AND TO RECOGNIZE AUGUST 11, 2007 AS NATIONAL MARINA DAY TO HONOR MARINAS FOR THEIR MANY CONTRIBUTIONS.

The Concurrent Resolution was introduced and referred to the Committee on Fish, Game and Forestry.

H. 3410 (Word version) -- Reps. Edge, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION DECLARING JANUARY 2007, AS GLAUCOMA AWARENESS MONTH.

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

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

S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.

Ordered for consideration tomorrow.

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

S. 243 (Word version) -- Senators Setzler, Leatherman and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND", TO AUTHORIZE THE SOUTH CAROLINA RESEARCH AUTHORITY TO ADMINISTER SUBGRANTS FOR THE PURPOSE OF PROMOTING THE DEVELOPMENT OF HYDROGEN PRODUCTION, TO ALLOW THE FUND TO RECEIVE DONATIONS, GRANTS, AND OTHER FUNDING AS PROVIDED BY LAW, TO ALLOW A TAXPAYER WHO MAKES A CONTRIBUTION TO THE FUND TO RECEIVE A TAX CREDIT SUBJECT TO CERTAIN LIMITATIONS, TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR EQUIPMENT OR MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR USED TO DISTRIBUTE HYDROGEN AND FOR EQUIPMENT AND MACHINERY USED PREDOMINATELY FOR RESEARCH AND DEVELOPMENT INVOLVING HYDROGEN OR FUEL CELL TECHNOLOGIES, AND TO ALLOW A SALES TAX EXEMPTION FOR BUILDING MATERIALS, MACHINERY, OR EQUIPMENT USED TO CONSTRUCT A NEW OR RENOVATED BUILDING LOCATED IN A RESEARCH DISTRICT.

Ordered for consideration tomorrow.

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

S. 263 (Word version) -- Senators McConnell, Leatherman and Campsen: A BILL TO REPEAL SECTION 11-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE HOURS OF THE STATE TREASURER.

Ordered for consideration tomorrow.

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

S. 142 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Mescher, Setzler, Fair, Alexander and Lourie: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST RATHER THAN FOLLOWING SENTENCING AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT ONLY THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650 SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; AND TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT WHEN CHARGES ARE DISMISSED OR NOLLE PROSSED, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION.

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

Senator HUTTO proposed the following amendment (JUD0142.011), which was adopted:

Amend the committee report, as and if amended, page [142-1], lines 30-36 in Section 23-3-620(A) as contained in SECTION 1, by striking these lines in their entirety and inserting therein the following:

/     "Section 23-3-620.   (A)   Following sentencing and at the time of intake at a jail or prison a lawful custodial arrest or a direct indictment for a felony offense or an offense that is punishable by a sentence of five years or more, either of which is committed in this State, the person arrested must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:.     /

Amend the committee report further, as and if amended, page [142-2], lines 7-13 in Section 23-3-620(B) as contained in SECTION 1, by striking these lines in their entirety, and inserting therein the following:

/   (B)   A convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample must be taken at a prison, jail, or other location as specified by the sentencing court law enforcement agency with jurisdiction over the offense for which the person was subjected to a lawful custodial arrest. If appropriately trained personnel are not available to take a sample from which DNA may be obtained, the failure of the arrested person to provide a DNA sample shall not be the sole basis for refusal to release the person from custody. An arrested person who is released from custody pursuant to the provisions of this section must provide a DNA sample at a location as specified by the law enforcement agency with jurisdiction over the offense on or before the first court appearance. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The perfecting amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD0142.005), which was adopted:

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

/   SECTION   1.   Section 23-3-620 of the 1976 Code is amended to read:

"Section 23-3-620.   (A)   Following sentencing and at the time of intake at a jail or prison a lawful custodial arrest for a felony offense or an offense that is punishable by a sentence of five years or more, either of which is committed in this State, the person arrested must provide a saliva or tissue sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:.

(1)   any person convicted or adjudicated delinquent and incarcerated in a state correctional facility on or after July 1, 2004, for:

(a)   eavesdropping or peeping (Section 16-17-470); or

(b)   any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)   any criminal offender convicted or adjudicated delinquent on or after July 1, 2004, who is ordered by the court to provide a sample.

(B)   A convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement must provide a sample as a condition of his sentence. This sample must be taken at a prison, jail, or other location as specified by the sentencing court law enforcement agency with jurisdiction over the offense for which the person was subjected to a lawful custodial arrest.

(C)(B)   At such time as possible and before parole or release Unless a sample has already been provided pursuant to the provisions of subsection (A), before a person may be paroled or released from confinement, the person must provide a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1)   a person who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004, for:

(a)   eavesdropping or peeping (Section 16-17-470); or

(b)   any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)   any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who was sentenced to and is serving a term of confinement on or after July 1, 2004.

(D)(C)   An agency having custody of an offender who is required to provide a DNA sample under pursuant to subsection (C)(1) or (C)(2) (B) must notify SLED at least three days, excluding weekends and holidays, before the individual person is paroled or released from confinement.

(E)(D)   At such time as possible and Unless a sample has already been provided pursuant to the provisions of subjection (A), before release a person is released from confinement or release released from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:

(1)   a person convicted or adjudicated delinquent before July 1, 2004, who is serving a probated sentence or is paroled on or after July 1, 2004, for:

(a)   eavesdropping or peeping (Section 16-17-470); or

(b)   any offense classified as a felony in Section 16-1-90 or any other offense that carries a maximum term of imprisonment of five years or more; and

(2)   any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2004, and who is serving a probated sentence or is paroled on or after July 1, 2004.

(F)   A person who provides a sample pursuant to this article also must provide any other information as may be required by SLED.

(G)(E)   A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.

(H)(F)   The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."

SECTION   2.   Section 23-3-630 of the 1976 Code is amended to read:

"Section 23-3-630.   (A)   Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other an appropriately trained health care worker person may take a sample from which DNA may be obtained.

(B)   A person taking a sample pursuant to this article is immune from liability if the sample was taken according to recognized medical procedures. However, no person is relieved from liability for negligence in the taking of any blood a sample."

SECTION   3.   Section 23-3-650 of the 1976 Code is amended to read:

"Section 23-3-650.   (A)   The DNA sample and the results of a DNA profile of an individual provided under this article are confidential and must be securely stored, except that SLED must make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These results or the DNA sample of an individual also must be made available as required by a court order following a hearing directing SLED to release the record or sample.

(B)   To prevent duplications of DNA samples, SLED must coordinate with any law enforcement agency obtaining a DNA sample to determine whether a DNA sample from the person under lawful custodial arrest has been previously obtained and is in the DNA database.

(B)(C)   A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

(C)(D)   A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."

SECTION   4.   Section 23-3-660 of the 1976 Code is amended to read:

"Section 23-3-660.   (A)   A person whose DNA record has been included in the State DNA Database may request expungement on the grounds that:

(1)   the charges pending against the person who has been arrested have been nolle prossed or dismissed; or

(2)   the person's conviction or adjudication has been reversed, set aside, or vacated.

(B)   SLED shall must purge DNA and all other identifiable record information from the State Database and shall must destroy the person's sample if SLED receives the person's written request for expungement and either:

(1)   a document from the court or law enforcement agency that the charges have been nolle prossed or dismissed; or

(2)   a certified copy of the court order reversing, setting aside, or vacating the conviction or adjudication and.

(C)   The person seeking expungement must provide proof that the identity of the individual making the request is the person whose record is to be expunged.

(D)   If the person has more than one entry in the State DNA Database, only the entry covered by the expungement request may be expunged."

SECTION   5.   Section 23-3-670 of the 1976 Code is amended to read:

"Section 23-3-670.   (A)   A person who is required to provide a sample pursuant to this article must pay a two hundred and fifty dollar processing fee which may not be waived by the court The cost of collecting and processing a sample pursuant to this article must be paid by the general fund of the State. A fee of two hundred fifty dollars must be assessed at the time of the sentencing against persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for the crime for which they were arrested.

(1)   If the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated.

(2)   If the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.

(B)   The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article."

SECTION   6.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   7.   If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   8.   The SECTIONS of this act take effect on July 1, 2008; however, the implementation of the procedures provided for in these SECTIONS is contingent upon the State Law Enforcement Division's receipt of funds necessary to implement these provisions.     /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Senator HUTTO objected to further consideration of the Bill.

The following Concurrent Resolutions were adopted, ordered returned to the House of Representatives:

H. 3005 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NORTH BRIDGE THAT CROSSES THE GREAT PEE DEE RIVER ALONG UNITED STATES HIGHWAY 1 IN THE TOWN OF CHERAW THE "DR. JAMES E. LEPPARD, JR. BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "DR. JAMES E. LEPPARD, JR. BRIDGE".

H. 3311 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME BRIDGE NUMBER 394001100200 LOCATED ALONG SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY THE "DWIGHT O'NEAL 'BUDDY' GILSTRAP BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "DWIGHT O'NEAL 'BUDDY' GILSTRAP BRIDGE" WHO LOST HIS LIFE IN DEFENSE OF OUR COUNTRY DURING THE VIETNAM WAR.

H. 3312 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME BRIDGE NUMBER 394001100201 LOCATED ALONG SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY "CLIFTON RANDALL 'RANDY' JONES BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CLIFTON RANDALL 'RANDY' JONES BRIDGE".

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

Senator McCONNELL rose for an Expression of Personal Interest.

At 3:17 P.M., Senator MARTIN assumed the Chair.

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 318 (Word version) -- Senators Pinckney, Grooms, Matthews and Campsen: A CONCURRENT RESOLUTION TO COMMEMORATE THE CONVENING OF THE FOURTH SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY IN JACKSONBOROUGH, SOUTH CAROLINA, IN JANUARY OF 1782, AS A RESULT OF THE CONTINUED BRITISH OCCUPATION OF CHARLESTON, SUBSEQUENT TO THE DEFEAT OF THE BRITISH AT YORKTOWN IN OCTOBER OF 1781, BY CONVENING IN JACKSONBORO ON FRIDAY, FEBRUARY 16th, TO HONOR AND CELEBRATE THE JACKSONBOROUGH ASSEMBLY.

The House returned the Concurrent Resolution with amendments.

Senators McCONNELL and PINCKNEY spoke on the Resolution.

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

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

S. 181 (Word version) -- Senators Fair, Richardson and Hayes: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.

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

The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

S. 157 (Word version) -- Senators McConnell, Vaughn, Campsen, Courson, Richardson, Hayes, Mescher, McGill, Knotts, Elliott, Cleary, Leatherman, Alexander, Verdin, Fair, Setzler and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA TEACHER PROTECTION ACT OF 2007", BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A TEACHER MAY BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS A CRIMINAL OFFENSE AGAINST THE TEACHER IF THE OFFENSE OCCURS ON SCHOOL GROUNDS OR AT A SCHOOL-RELATED EVENT, OR IF THE OFFENSE IS DIRECTLY RELATED TO THE TEACHER'S PROFESSIONAL RESPONSIBILITIES, AND TO PROVIDE THAT NO TEACHER HAS CIVIL LIABILITY TO A STUDENT OR TO A PARTY ACTING IN THE INTEREST OF THE STUDENT FOR AN ACT OR OMISSION BY THE TEACHER THAT OCCURS WHILE THE TEACHER IS ACTING ON BEHALF OF THE SCHOOL; AND TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY.

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

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

S. 182 (Word version) -- Senators Fair, Campsen, Richardson, Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE DEPARTMENT OF COMMERCE SHALL DEVELOP AND MAINTAIN A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT CERTAIN AMOUNTS FROM THE GROSS EARNINGS OF THE INMATES ENGAGED IN PRISON INDUSTRY SERVICE WORK.

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

The Committee on Corrections and Penology proposed the following amendment (SWB\5083CM07), which was adopted:

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

/ SECTION   2.   Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-290.   The Director of the Department of Corrections may enter into contracts with private sector entities that allow inmate labor to be provided for prison industry service work and export work that involves exportation of products. The use of inmate labor may not result in the displacement of employed workers within the local region in which work is being performed. Pursuant to this section, service work is defined as any work that includes repair, replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original equipment manufacturing. The department may negotiate the wage to be paid for inmate labor provided under prison industry service work contracts and export work contracts, and these wages may be less than the prevailing wage for work of a similar nature in the private sector." /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

Senator JACKSON proposed the following amendment (182-DJ):

Amend the bill, as and if amended, page 1, line 39 to read:

/   similar nature in the private sector, but may not be less than the minimum wage as required by the Fair Labor Standards Act."   /

Renumber sections to conform.

Amend title to conform.

Senator JACKSON explained the amendment.

On motion of Senator GROOMS, with unanimous consent, the members of the Senate Transportation Subcommittee were granted leave to attend a meeting, be counted in any quorum calls and be granted leave to vote from the balcony.

Senator JACKSON explained the amendment.

Senator JACKSON asked unanimous consent to make a motion to perfect the amendment as follows.

There was no objection.

Senator JACKSON proposed the following Amendment No. 1A, which was tabled:

Amend the bill, as and if amended, page 1, line 39 to read:

/   similar nature in the private sector, but may not be less than fifty percent of the minimum wage as required by the Fair Labor Standards Act."   /

Renumber sections to conform.

Amend title to conform.

Senator JACKSON explained the amendment.

Senator FAIR argued contra to the adoption of Amendment No. 1A.

Senator FAIR moved to lay the amendment on the table.

The amendment was laid on the table.

The question then was the second reading of the Bill.

Senator PINCKNEY spoke on the Bill.

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

Senators FORD and JACKSON desired to be recorded as voting against the motion to table the amendment.

S. 142 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Mescher, Setzler, Fair, Alexander and Lourie: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST RATHER THAN FOLLOWING SENTENCING AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT ONLY THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650 SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; AND TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT WHEN CHARGES ARE DISMISSED OR NOLLE PROSSED, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION.

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

Senator HUTTO proposed the following Amendment No. 1 (JUD0142.012):

Amend the bill, as and if amended, page 5, after line 40, by adding appropriately numbered SECTIONS to read:

/   SECTION   .____.   Sections 17-27-10 through 17-27-169 are designated as Article 1 of Chapter 27, Title 17.

SECTION   ___.   Chapter 27, Title 17 of the 1976 Code is amended by adding:

Section 17-27-300.   This article may be cited as the Post-Conviction DNA Procedures Act.

Section 17-27-310.   As contained in this article:

(A)   'Biological material' means any blood, tissue, hair, saliva, bone, or semen from which DNA marker groupings may be obtained. This includes material catalogued separately on slides, swabs, or test tubes or present on other evidence including, but not limited to, clothing, ligatures, bedding, other household material, drinking cups, or cigarettes.

(B)   'Custodian of evidence' means a county clerk of court, a state grand jury, or any state or county employee who possesses and is responsible for the control of evidence possession introduced in a General Sessions trial.

(C)   'DNA' means Deoxyribonucleic acid.

(D)   'Law enforcement agency' means any law enforcement agency of a municipality, county, state, or other political subdivision, its employees, agents, or anyone else acting on its behalf.

Section 17-27-320.   (A)   Notwithstanding any other provision of law governing post-conviction relief, a person convicted of a criminal offense may, at any time after conviction or adjudication, apply to the court in the county where the conviction was issued for forensic DNA testing of any biological material. Persons eligible for application to the court shall include persons:

(1)   currently in custody, on probation, or on parole;

(2)   convicted on pleas of not guilty, guilty, or nolo contendere;

(3)   who have completed serving the sentence imposed for the conviction of the criminal offense.

(B)   The application shall, under penalty of perjury:

(1)   explain why the identity of the applicant was or should have been a significant issue during the court proceedings;

(2)   explain why the requested DNA testing will exonerate the applicant and demonstrate his innocence by proving that the applicant was misidentified as the perpetrator of, or accomplice to, the crime for which the applicant was convicted.

(3)   make a reasonable attempt to identify both the evidence that should be tested and the specific type of DNA testing that is sought; and

(4)   explain why the evidence sought to be tested by the applicant was not previously subjected to DNA testing, or explain how the evidence can be subjected to retesting with different DNA techniques that provide a reasonable probability of reliable and probative results.

(C)   The applicant shall serve a copy of the petition upon the office of the Attorney General or the office of the solicitor who prosecuted the case. Upon receipt of an application served pursuant to this section, the Attorney General or solicitor shall take such steps as are necessary to ensure that any remaining biological material obtained in connection with the case or investigation is preserved pending the completion of proceedings under this article. The State shall file its response to the application within thirty days of receipt of service.

(D)   The solicitor or his designee must provide notification to the victim pursuant to the procedures of Section 16-3-1525 when:

(1)   the petitioner first files a petition for DNA testing and analysis under this chapter; and

(2)   the solicitor or his designee knows the name and address of the victim.

Section 17-27-330.   (A)   The clerk of the court for the county in which the conviction took place shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the solicitor of the circuit in which the applicant was convicted and a copy to the Attorney General.

Section 17-27-340.   The court may order DNA testing pursuant to an application made under this article, after a response has been filed by the State and a hearing has been held, and upon a finding that the applicant has established each of the following factors by a preponderance of the evidence:

(A)   the evidence to be tested was secured in relation to the investigation or prosecution that resulted in the applicant's conviction or sentence, and is available and in a condition that would permit the DNA testing that is requested in the motion;

(B)   the evidence to be tested has been subject to a chain of custody sufficient to establish it has not been substituted, tampered with, replaced, or altered in any material aspect, or the testing itself may establish the integrity of the evidence. For the purposes of this article, evidence in the possession of law enforcement of the State or any political subdivision, or a public or private hospital shall be presumed to satisfy the chain of custody requirement, unless specific evidence demonstrates by a preponderance of the evidence that the biological material to be tested has been tampered, altered, or replaced;

(C)   the evidence sought to be tested is material to the issue of the applicant's identity as the perpetrator of, or accomplice to, the crime;

(D)   DNA results of the evidence sought to be tested would be material to the issue of the applicant's identity as the perpetrator of, or accomplice to, the crime that resulted in his conviction or sentence;

(E)   if the requested DNA testing produces exculpatory results, the testing will constitute new, noncumulative material evidence that will exonerate the applicant by establishing that he was misidentified as the perpetrator or accomplice to the crime;

(F)   the evidence sought to be tested was not previously tested using DNA technology or the technology requested was not available at the time of trial;

(G)   if DNA or other forensic testing previously was done in connection with the case, the requested DNA test would provide results that are significantly more discriminating and probative on a material issue of identity, and would have a reasonable probability of contradicting prior test results; and

(H)   the application is not made for the purposes of delay.

Section 17-27-350.   If the court orders testing pursuant to this article, the court shall determine the method of testing and responsibility for the cost of testing, if necessary, and may require the applicant to pay the costs of the testing if the court determines that the applicant has the ability to pay. If the applicant is indigent, then the cost shall be paid by the State.

Section 17-27-360.   (A)   If the court orders testing pursuant to this article, the court shall order that the evidence be tested by the State Law Enforcement Division, or by a laboratory that meets the quality assurance and proficiency testing standards applicable to laboratories conducting forensic DNA analysis pursuant to Article 9, Chapter 3, Title 23.

(B)   The generated DNA profile shall be compared with profiles in the South Carolina DNA database and any federal or other law enforcement DNA database. The State Law Enforcement Division laboratory shall report to the court the results of all DNA database comparisons.

(C)   The court shall order that a sample of the applicant's DNA be submitted to the State Law Enforcement Division, and that the DNA analysis be stored and maintained by the Division in the State DNA databank.

(D)   The result of any test ordered pursuant to this article shall be fully disclosed to the applicant, the solicitor, and the Attorney General.

(E)(1)   The court may appoint counsel for an indigent applicant at any time during proceedings pursuant to this article in a manner consistent with Section 17-27-60.

(2)   If the applicant has filed pro se, the court shall appoint counsel for the applicant upon a showing that the DNA testing may be material to the applicant's claim of wrongful identification and conviction.

(3)   The court, in its discretion, may refer pro se requests for DNA testing to qualified parties for further review, without appointing the parties as counsel at that time. These qualified parties may include, but shall not be limited to, indigent defense organizations or clinical legal education programs.

(4)   If the applicant has retained private pro bono counsel that may include counsel from a nonprofit organization that represents indigent persons, the court may, in its discretion, award reasonable attorney's fees and costs at the conclusion of the litigation to be paid from the indigent defense fund at the rate paid for post-conviction actions.

Section 17-27-370.   (A)   If an application is filed pursuant to this article, the court shall order the State, a law enforcement agency, or a custodian of evidence to preserve during the pendency of the proceeding all evidence that contains biological material, including but not limited to, stains, fluids, or hair samples in the state's possession or control.

(B)   For biological material that the State asserts has been lost or destroyed, the court shall order the State to locate and provide the applicant with any document, note, log, or report relating to items of physical evidence or the biological material collected in connection with the case.

(C)   For evidence previously subjected to DNA testing, the court shall order the production of laboratory reports prepared in connection with the DNA testing and the underlying data and laboratory notes.

(D)   For evidence that may be in the custody of a private or public hospital, public or private laboratory, or other facility, the court shall order the State to assist the applicant in locating the evidence.

Section 17-27-380.   Notwithstanding any law or rule of procedure that bars an application for post-conviction review as untimely, an applicant may use the results of a DNA test ordered pursuant to this article as the grounds for filing a motion for post-conviction review under Article 1, Chapter 27, Title 17 and the South Carolina rules of criminal procedure.

Section 17-27-390.   (A)   If the prosecution or the applicant previously conducted a DNA or other biological material testing without knowledge of the other party, this testing shall be revealed in the application for testing or in the response.

(B)   If the court orders new post-conviction DNA testing in connection with a proceeding brought under this article, the court shall order the production of any laboratory report prepared in connection with the DNA testing. The court may, in its discretion, also order production of the underlying data, bench notes, or other laboratory notes.

(C)   Upon receipt of a motion by the applicant, the State shall prepare an inventory of the evidence related to the case and issue a copy of the inventory to the prosecution, the applicant, and the court.

Section 17-27-400.   (A)   A law enforcement agency or custodian of evidence shall preserve, in accordance with subsections (B) and (C) of this section, any physical evidence in its possession or control that is reasonably likely to contain forensic evidence, including but not limited to, fingerprints, palm prints, tooth marks, footprints, shoe or tire imprints, surveillance video or photographs, or biological material, secured in relation to investigation or prosecution for a felony offense. Such evidence shall be kept:

(1)   subject to a continuous chain of custody;

(2)   with sufficient documentation to locate that evidence and demonstrate that the chain of custody was continuous; and

(3)   under conditions reasonably designed to preserve the forensic value of the evidence.

(B)   For a felony offense punishable by death or incarceration in excess of one year, evidence described in subsection (A) shall be retained for one year after the convicted person is executed or released from incarceration, unless the terms of subsection (C) are satisfied.

(C)   After a judgment is entered, the law enforcement agency required to retain evidence described in subsection (A) may dispose of such evidence if:

(1)   the law enforcement agency or custodian of evidence:

(a)   notifies any person who remains incarcerated in connection with the investigation or prosecution and any counsel of record for the person, of the intention of the law enforcement agency to dispose of the evidence and the provisions of Article 3, Chapter 27, Title 17; and

(b)   affords the person not less than one calendar year after such notification to make an application under this article for DNA testing of the evidence or other application for scientific analysis.

(2)   the evidence must be returned to its rightful owner, or is of such size, bulk, or physical character as to make retention impracticable; and the law enforcement agency takes reasonable measures to remove and preserve portions of the physical evidence sufficient to permit future DNA testing or other scientific analysis.

Section 17-27-410.   (A)   Nothing in this article shall be construed to give rise to a claim for damages against the State of South Carolina, any employee of the State, any court official, any officer of the court, any law enforcement agency, or any employee of a law enforcement agency.

(B)   Notwithstanding subsection (A), a person who knowingly violates a provision of this section or a regulation promulgated pursuant to this article shall be liable to the State for a civil penalty of not more than five hundred dollars for a first offense, and a civil penalty of not more than one thousand dollars for each subsequent violation. The total amount of fines imposed on a person for all violations under this article in one calendar year shall not exceed five thousand dollars.

(C)   Notwithstanding subsection (A), if a person willfully or maliciously destroys, alters, conceals, or tampers with evidence that is required to be preserved under Section 17-27-350 with the intent to impair the integrity of the evidence, prevent the evidence from being subjected to DNA testing, or prevent the production or use of the evidence in an official proceeding, he commits a misdemeanor and shall be fined in an amount not to exceed more than one thousand dollars for the first offense, and not more than five thousand dollars for each subsequent violation, or imprisoned for not more than one year, or both.

Section 17-27-420.   The applicant shall have the right to appeal a decision denying post-conviction DNA testing pursuant to Section 17-27-100.

Section 17-27-430.   Successive applications under this article shall be treated in accordance with Section 17-27-90.

Section 17-27-440.   (A)   A court may, in its discretion, make other orders as may be appropriate. This includes, but is not limited to, designating:

(1)   the type of DNA analysis to be used;

(2)   the testing procedures to be followed;

(3)   the preservation of some portion of the sample for testing replication;

(4)   additional DNA testing, if the results of the initial testing are inconclusive or otherwise merit additional scientific analysis; or

(5)   the collection and DNA testing of elimination samples from third parties.

(B)   DNA profile information from biological material taken from any person pursuant to an application for post-conviction DNA testing shall be exempt from any law requiring disclosure of information to the public.

Section 17-27-450.   Based on the results of the DNA testing ordered and any evidence or other matter presented at the hearing, the court shall enter any order in accordance with Section 17-27-80.

Section 17-27-460.   (A)   A convicted person and the State shall not be prohibited from consenting to and conducting post-conviction DNA testing by agreement of the parties, without filing an application for post-conviction DNA testing under this article.

(B)   Notwithstanding any other provision governing post-conviction relief, if DNA test results are obtained under testing conducted upon consent of the parties and that are favorable to the convicted person, the convicted person may apply for and the court may adjudicate an application for post-conviction relief based on the DNA test results."/

Amend the bill further, as and if amended, page 6, by striking line 26 in its entirety and inserting therein the following:

/   SECTION   8.   This act becomes effective upon approval by the Governor, except that the provisions of Article 3, Chapter 27, Title 17 become effective on January 1, 2008.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

On motion of Senator McCONNELL, debate was adjourned on the Bill.

S. 143 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Sheheen, Vaughn, Elliott and Fair: A BILL TO AMEND CHAPTER 5, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, SO AS TO ESTABLISH A STATEWIDE CRIMINAL CASE MANAGEMENT SYSTEM; AND TO AMEND SECTION 1-7-330, RELATING TO ATTENDANCE AT CIRCUIT COURT AND PREPARATION OF THE CRIMINAL DOCKET, SO AS TO PROVIDE THAT THE CRIMINAL DOCKET IS PREPARED PURSUANT TO A CRIMINAL CASE MANAGEMENT PLAN ADOPTED BY THE CIRCUIT AND APPROVED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT.

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

Senator MALLOY spoke on the Bill.

The Committee on Judiciary proposed the following amendment (JUD0143.001), which was adopted:

Amend the bill, as and if amended, page 1, Section 14-5-1010, by striking lines 33-42, and on page 2, Section 14-5-1020, by striking lines 2-12, and inserting:

/     Section 14-5-1010.   Criminal cases in the circuit court of each circuit organized pursuant to Section 14-5-610 shall be calendared by the circuit solicitor at an administrative hearing according to a criminal case management plan. The criminal case management plan, and any amendments, shall be developed by the solicitor for each circuit in consultation with the circuit court judges residing in that circuit and after opportunity for comment by members of the local bar. Each plan shall, at a minimum, comply with the provisions of this section, but may contain additional provisions not inconsistent with this section.

Section 14-5-1020.   The solicitor from each circuit shall submit the final criminal case management plan for the circuit to the Chief Justice of the South Carolina Supreme Court within one hundred eighty days from the effective date of this act. A solicitor may receive an extension from the Chief Justice for good cause shown. If a plan is not submitted within one hundred eighty days and an extension has not been granted, the Chief Justice shall have the resident circuit court judges in that circuit submit a case management plan for the circuit. All criminal case management plans must receive final approval from the Chief Justice of the South Carolina Supreme Court.     /

Amend the bill further, as and if amended, page 3, Section 14-5-1070, by striking lines 20-24 and inserting:

/   Section 14-5-1070.   Venue for administrative hearings may be in any county within the circuit when necessary to comply with the terms of the criminal case management plan. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott and Fair: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

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

Senator MALLOY spoke on the committee amendment.

On motion of Senator MALLOY, the Joint Resolution was carried over.

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

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

Nathan E. Andrews, 317 Mulberry Lane, McCormick, S.C. 29835

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

Patty L. Smith, P. O. Box 1027, McCormick, S.C. 29835

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

Jake O. Trantham, 171 Kirkland Dr., McCormick, S.C. 29835

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Nannie Duren Smith of Sumter, S.C., who will be deeply missed by her family and friends. Mrs. Smith's life personified that of the Bible's virtuous woman. In addition to being a devoted wife, mother and grandmother, she poured herself in the community as an educator, a church leader, and in a multitude of roles throughout the community. Every person whose life Nannie Duren Smith touched is better off today for having known her and we are grateful for the legacy of love she leaves behind.

At 4:51 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1B.

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