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

Thursday, March 30, 2006
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear a few words from the Book of Daniel (Chapter 10:12):

"Then He said to me, 'Do not fear Daniel, for from the first day that you set your heart to understand and to humble yourself before your God, your words were heard, and I have come because of your words'."

Let us pray.

Dear Father, we come to You today with grateful hearts for your divine intercession in the life of Ada Jane Setzler, beloved wife of our colleague, Nikki. Continue to be with her and her doctors who, through You, will use their healing hands to restore her to perfect health. Wrap her family in Your special love and give them strength in the days ahead.

Father, we thank You for the story of Daniel, humbling himself before You, and the effects of his vision's success in his life.

Help us to remember the words of old: "Where there is no vision, the people perish!"

Give us a vision today - lest we perish - because in this moment of prayer we humble ourselves before Daniel's God!
Amen!

Point of Quorum

At 11:09 A.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

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

A quorum being present, the Senate resumed.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Initial Appointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Belinda B. Timmons, 2717 Triple Crown Drive, Florence, S.C. 29505 VICE Rena White

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

Belinda B. Timmons, 2717 Triple Crown Drive, Florence, S.C. 29505

REGULATION RECEIVED

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

Document No. 3034
Agency: Department of Labor, Licensing and Regulation
SUBJECT: Boiler Safety Program
Received by Lieutenant Governor March 30, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration March 6, 2007

Doctor of the Day

Senator FAIR introduced Dr. Woodrow W. Long, Jr. of Greenville, S.C., Doctor of the Day.

Expression of Personal Interest

Senator MOORE rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator MARTIN rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator MALLOY rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Expression of Personal Interest
Senator COURSON rose for an Expression of Personal Interest.

Expression of Personal Interest
Senator CAMPSEN rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1300 (Word version) -- Senator Williams: A SENATE RESOLUTION CONGRATULATING REVEREND DR. ALVIN COSTELLO ROBINSON ON THIRTY YEARS AS THE ESTEEMED PASTOR OF PLEASANT GROVE BAPTIST CHURCH IN MARION, SOUTH CAROLINA, AND WISHING HIM MUCH CONTINUED SUCCESS AND GOOD FORTUNE IN THE FUTURE.
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The Senate Resolution was adopted.

S. 1301 (Word version) -- Senator McGill: 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 Banking and Insurance.

H. 4810 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2006; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

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

H. 4917 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT THE PARTNERSHIP FOR PRESCRIPTION ASSISTANCE MAKES TO PROVIDE UNINSURED AMERICANS AND SOUTH CAROLINIANS WITH PRESCRIPTION MEDICATIONS THEY ARE UNABLE TO AFFORD, AND TO DECLARE WEDNESDAY, APRIL 5, 2006, AS "PATIENT PRESCRIPTION ASSISTANCE DAY" IN SOUTH CAROLINA IN SUPPORT OF THESE WORTHY EFFORTS.

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

H. 4923 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MATTHEW SHULER OF ST. GEORGE, A JUNIOR AT PINEWOOD PREP AND SON OF DR. AND MRS. GLENN SHULER, FOR WINNING THE 2006 SOUTH CAROLINA HIGH SCHOOL CHESS CHAMPIONSHIP AT THE SOUTH CAROLINA CHESS ASSOCIATION TOURNAMENT RECENTLY HELD IN HILTON HEAD.

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

REPORT OF STANDING COMMITTEE

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

H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E.H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, F.N. Smith, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX, TO EXEMPT THE SALE OF UNPREPARED FOOD, TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES IN THE HOMESTEAD EXEMPTION FUND SHALL BE DISBURSED TO PROPERTY TAXING ENTITIES OF THIS STATE, TO ADD SECTION 4-9-56 SO AS TO LIMIT THE MILLAGE PROPERTY TAXING ENTITIES OF THIS STATE MAY IMPOSE ON PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO REPEAL SECTIONS 12-37-223A, 12-37-270, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX.
(ABBREVIATED TITLE)

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1299 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND J. L. MANN HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING THE STATE CLASS AAA CHAMPIONSHIP AND TO WISH THE J. L. MANN GIRLS MUCH CONTINUED SUCCESS IN THE FUTURE.

Returned with concurrence.

Received as information.

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

Objection

Senator THOMAS objected to consideration of Bills and Resolutions on the Uncontested Statewide Calendar.

Expression of Personal Interest

Senator MARTIN rose for an Expression of Personal Interest.

Objection Withdrawn

Senator THOMAS asked unanimous consent to make a motion to remove his name as objecting to consideration of Bills and Resolutions on the Uncontested Statewide Calendar.

There was no objection.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4585 (Word version) -- Reps. Simrill, Bowers, Kennedy, Duncan, Bannister, Ceips, Cobb-Hunter, Leach, Limehouse, Littlejohn, Ott and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-682 SO AS TO DESIGNATE BOILED PEANUTS AS THE OFFICIAL STATE SNACK FOOD.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

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

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

S. 1107 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 59-17-130(A) OF THE 1976 CODE, RELATING TO HIGH SCHOOL COURSES IN AMERICAN SIGN LANGUAGE, TO PROVIDE THAT A SCHOOL DISTRICT MAY GIVE CREDIT AS A FOREIGN LANGUAGE TO A PUPIL WHO SATISFACTORILY COMPLETES A HIGH SCHOOL COURSE IN AMERICAN SIGN LANGUAGE.

S. 54 (Word version) -- Senators Rankin, Richardson, Elliott, Fair and Ford: A BILL TO AMEND CHAPTER 5 OF TITLE 59 OF THE 1976 CODE, BY ADDING SECTION 59-5-72, TO ESTABLISH THAT THE START DATE FOR ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE MUST NOT BE SET EARLIER THAN AUGUST 25TH OF EACH YEAR AND TO PROVIDE THAT THE SCHOOL END DATE MUST NOT BE SET MORE THAN SEVEN DAYS AFTER THE LAST DAY OF THE PALMETTO ACHIEVEMENT CHALLENGE TEST.

By prior motion of Senator PEELER, with unanimous consent

POINT OF ORDER

S. 862 (Word version) -- Senators Cleary, Ford, Hutto, Knotts, Malloy, Cromer, Drummond, Setzler, Land, Short, Scott, Bryant, Anderson and Elliott: A BILL TO AMEND SECTION 15-41-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO PROVIDE THAT THE EXEMPTION GRANTED TO A DEBTOR'S INTEREST IN PROPERTY USED AS A DEBTOR'S RESIDENCE DOES NOT EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THE EXCEPTION FOR THE AGGREGATE VALUE OF MULTIPLE HOMESTEAD EXEMPTIONS NOT EXCEED THREE HUNDRED THOUSAND DOLLARS.

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 862--Co-Sponsor Added

On motion of Senator WILLIAMS, with unanimous consent, the name of Senator WILLIAMS was added as a co-sponsor of S. 862.

POINT OF ORDER

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

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 1094 (Word version) -- Senators Leatherman, Alexander and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-370 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND COMMISSION OFFICERS AND MANAGEMENT EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FOR A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE COMMISSION IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION WITH RESPECT TO THE VARIOUS STATE RETIREMENT SYSTEMS AND INVESTMENTS ALLOWED FOR THE FUNDS OF THESE SYSTEMS, SO AS TO PROVIDE FOR ADDITIONAL INVESTMENTS; TO AMEND SECTION 9-1-1340, AS AMENDED, RELATING TO CONFLICT OF INTEREST PROVISIONS WITH RESPECT TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CONFORM THE PROVISIONS TO THE NATIONAL GUARD RETIREMENT SYSTEM; TO AMEND SECTION 9-10-60, RELATING TO STATE BUDGET AND CONTROL BOARD'S RESPONSIBILITIES WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND CONFLICT OF INTEREST PROVISIONS FOR THAT SYSTEM, SO AS TO CONFORM THESE RESPONSIBILITIES TO THE MANNER OF OPERATION OF THE OTHER STATE RETIREMENT SYSTEMS AND TO DELETE REDUNDANT PROVISIONS; TO AMEND SECTION 9-16-360, RELATING TO STANDARDS OF CONDUCT FOR FIDUCIARIES WITH RESPECT TO THE STATE RETIREMENT SYSTEMS, SO AS FURTHER TO DEFINE "INDIRECT INTEREST" AND TO ALLOW THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO WAIVE THESE STANDARDS BY CONTRACT WITH CERTAIN FIDUCIARIES.

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 1200 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY TO 2005 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 3414 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 7-15-220, 7-15-380, AS AMENDED, 7-15-385, AS AMENDED, AND 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE SIGNATURE OR MARK OF AN ABSENTEE APPLICANT BE WITNESSED.

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

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

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

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

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 1297 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE, RELATING TO OFFER OF JUDGMENT, AUTHORIZED PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 1298 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF APPELLATE PROCEDURE, RELATING TO COURT-ANNEXED ALTERNATIVE DISPUTE RESOLUTION RULES, AUTHORIZED PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 1235 (Word version) -- Senators McConnell and Alexander: A SENATE RESOLUTION AUTHORIZING THE SOCIETY OF THE CINCINNATI OF THE STATE OF SOUTH CAROLINA TO USE THE SENATE CHAMBER ON SATURDAY, JUNE 24, 2006, AT 11:00 O'CLOCK A.M., FOR ITS ANNUAL STATE MEETING.

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

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 1256 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 2006, AND FRIDAY, JUNE 16, 2006.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 4765 (Word version) -- Reps. McGee, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 16, 2006, FROM 11:30 A.M. TO 12:30 P.M. FOR ITS ANNUAL STATE HOUSE MEETING.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 4821 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 139 IN HORRY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 701 IN THE TOWN OF LORIS TO ITS INTERSECTION WITH CANE BRANCH ROAD IN THE CITY OF CONWAY THE "AUSTIN M. ENZOR MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AUSTIN M. ENZOR MEMORIAL HIGHWAY".

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

H. 4868 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 30-MAY 7, 2006, AS SOIL AND WATER STEWARDSHIP WEEK IN SOUTH CAROLINA AND TO COMMEND THE CONSERVATION DISTRICTS OF SOUTH CAROLINA FOR PROMOTING WISE AND RESPONSIBLE STEWARDSHIP OF OUR SOIL AND WATER.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Point of Order

Senator THOMAS raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

OBJECTION

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment P-2 (JUD3079.013) proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, March 28, 2006.

Senator McCONNELL explained the amendment.

Senator SHEHEEN moved to table the amendment.

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

Ayes 17; Nays 21

AYES

Anderson                  Campsen                   Jackson
Knotts                    Land                      Leventis
Lourie                    Malloy                    Matthews
Moore                     Patterson                 Pinckney
Reese                     Setzler                   Sheheen
Short                     Williams

Total--17

NAYS

Alexander                 Bryant                    Cleary
Courson                   Cromer                    Fair
Grooms                    Hawkins                   Hayes
Leatherman                Martin                    McConnell
McGill *                  O'Dell                    Peeler
Richardson                Ritchie                   Ryberg
Scott                     Thomas                    Verdin

Total--21

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

Senator MALLOY objected to further consideration of the Bill.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E.H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, F.N. Smith, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX, TO EXEMPT THE SALE OF UNPREPARED FOOD, TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES IN THE HOMESTEAD EXEMPTION FUND SHALL BE DISBURSED TO PROPERTY TAXING ENTITIES OF THIS STATE, TO ADD SECTION 4-9-56 SO AS TO LIMIT THE MILLAGE PROPERTY TAXING ENTITIES OF THIS STATE MAY IMPOSE ON PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO REPEAL SECTIONS 12-37-223A, 12-37-270, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX.
(ABBREVIATED TITLE)

Senator MARTIN, as Chairman of the Rules Committee, moved to make the Bill a Special Order.

The Bill was made a Special Order.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

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

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land, Bryant, O'Dell, Jackson, Cromer, Ford and Knotts: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING AN AGRICULTURAL FACILITY OR OPERATION, ARE NULL AND VOID AND TO FURTHER DEFINE WHAT CONSTITUTES AN AGRICULTURAL OPERATION.

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

Senator GROOMS explained the committee amendment.

Senator LEVENTIS spoke on the committee amendment.

Point of Quorum

At 12:06 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

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

A quorum being present, the Senate resumed.

Senator LEVENTIS spoke on the committee amendment.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator LEVENTIS retaining the floor.

S. 1205--Co-Sponsor Added

On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 1205.

LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006

Belinda B. Timmons, 2717 Triple Crown Drive, Florence, S.C. 29505 VICE Rena White

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

Belinda B. Timmons, 2717 Triple Crown Drive, Florence, S.C. 29505

MOTION ADOPTED

On motion of Senator WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jessie Calhoun "J. C." Richardson, Jr., City Administrator of Mullins, S.C.

ADJOURNMENT

At 12:49 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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