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


Printed Page 1184 . . . . . Tuesday, March 14, 2006

Tuesday, March 14, 2006
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear a few words from a prayer of all faiths that has come down, a favorite of all since the Twelfth Century, the Prayer of St. Francis of Assisi - appropriate even for today:

"Lord, make me an instrument of Your peace;

Where there is hatred, let me sow love; ...

Where there is despair, hope; ...

Where there is sadness, joy.

O Divine Master... it is in loving that we are loved and in giving that we receive..."
Amen!

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

REPORT RECEIVED

The following was received:

COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES

Memorandum To: Clerk of the House
Clerk of the Senate

Re: Committee Hearings, March 8, 2006

Findings of Fact

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.


Printed Page 1185 . . . . . Tuesday, March 14, 2006

Clemson University

At-large                   Mr. Joseph D. Swann

Francis Marion University

At -large, seat 13           Mr. Robert E. Lee

Coastal Carolina University

3rd District, seat 5           Mr. Jennings G. McAbee                                   Mr. Bill Biggs

Respectfully submitted,
Rep. Olin Phillips, Chrm.       Sen. Thomas Alexander
Rep. Becky Martin             Sen. Linda Short
Rep. Lanny F. Littlejohn       Sen. Jake Knotts
Rep. Jesse E. Hines           Sen. Harvey S. Peeler, Jr.

Thursday, March 9, 2006
10:22 a.m. - 11:20 a.m.

The following candidate screening was conducted on March 9th, 2006, Room 534, Blatt Building, Columbia, South Carolina, before Diane M. Hendricks, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:
Representative Olin Phillips, Chairman
Representative Lanny F. Littlejohn
Senator Linda Short
Senator Thomas Alexander
Senator Harvey S. Peeler, Jr.

Sophia Floyd, Administrative Assitant
Also Present: Russell Boloyan

CHAIRMAN PHILLIPS: Let's call the meeting to order here to try. The Senate is trying to get back. And, of course, we were already adjourned and we're getting started here. The Joint Screening Committee screens candidates for the Board of Trustees. For Clemson University will be the first one up. I want to introduce the Committee and the court stenographer. Taking part today is Diane M. Hendricks.


Printed Page 1186 . . . . . Tuesday, March 14, 2006

Ms. Hendricks thanks for coming over and doing -- you're with the Creel Agency?
COURT REPORTER: Yes, sir.
CHAIRMAN PHILLIPS: Okay. Thank you very much. And our Committee members today present from the House is Representative Lanny Littlejohn, Spartanburg; Senator Harvey Peeler from Cherokee, York -- York and Spartanburg and York and Union. And is that it? Four?
REPRESENTATIVE LITTLEJOHN: Yes.
CHAIRMAN PHILLIPS: And Senator Thomas Alexander from Oconee and Senator Linda Short from Fairfield, Chester, York and --
SENATOR SHORT: Union.
CHAIRMAN PHILLIPS: -- Union.
SENATOR SHORT: Right.
CHAIRMAN PHILLIPS: Oh, man. All right. Thank you very much for you all being here. Our first candidate for the day is the incumbent for Clemson University, Joe Swann. He has no opposition. And Joe, would you please raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. SWANN: Yes, sir.
CHAIRMAN PHILLIPS: Thank you, sir. You've already submitted a statement and if you will give us just a short -- we know your hobbies and your business hasn't had interference, so we're gonna skip all that. If you'll just give us a brief statement why you want to go back, you may go ahead at this time.
MR. SWANN: Thank you. I do thank you for letting me have an opportunity to come later than the first two days. I've served Clemson University for 16 years and I think we have a lot of very positive things going on with the improvement and the eight focus areas. And it being my alma mater and something that I'm very passion about, I make sure I find time to be there. I'm the Chairman of the Research Committee and the (inaudible) subcommittee. And what that's gonna do for our state as well as for Clemson University I think is very positive. And I want to see -- I want to be able to see and assist that in being. Thank you for allowing me to --
CHAIRMAN PHILLIPS: Thank you, sir.
MR. SWANN: To make the comments.
CHAIRMAN PHILLIPS: Any questions of Mr. Swann from any Committee members? Representative Littlejohn.
REPRESENTATIVE LITTLEJOHN: Joe, what do you see the future of Clemson's student population growing in the next 20 years,

Printed Page 1187 . . . . . Tuesday, March 14, 2006

say, which is a long way off, I know. But do you foresee a lot of growth?
MR. SWANN: I think as we stand today, the Board has concluded that we should stay about the same size as we are. We'd like to be about 12,000 to 13,000 undergraduate and 4,000 to 5,000 in graduate.
REPRESENTATIVE LITTLEJOHN: The quality is more important than numbers?
MR. SWANN: We think so. And we're very proud of the students that we're getting. You know, over 98 percent of South Carolina freshmen this year will have a LIFE Scholarship or a Palmetto Scholarship.
REPRESENTATIVE LITTLEJOHN: How about the Greenville University Center? Is that working out real well for the ones that don't get in Clemson?
MR. SWANN: I think it works out very well, it's -- you know, there's -- it's more graduate courses from Clemson.
REPRESENTATIVE LITTLEJOHN: Right.
MR. SWANN: USC Upstate has the undergraduate courses.
REPRESENTATIVE LITTLEJOHN: But do you have some that are turned down that go there on the first year or two?
MR. SWANN: To -- not to that center as much as to Greenville Tech or other tech schools. You know, this year we have the Bridge Program.
REPRESENTATIVE LITTLEJOHN: Right. With Trident Tech, Trident?
SENATOR ALEXANDER: Tri-County.
REPRESENTATIVE LITTLEJOHN: Tri-County, yeah.
MR. SWANN: Tri-County. And I understand we offered almost 1,000 people the opportunity to do that and I believe we've had, the last time I heard, over 300 that have paid tuition or made their deposit to pay on tuition, which we can take only 200 I think is that number.
REPRESENTATIVE LITTLEJOHN: All right, good.
CHAIRMAN PHILLIPS: Any other questions?
SENATOR PEELER: Mr. Chairman --
CHAIRMAN PHILLIPS: Senator Peeler.
SENATOR PEELER: Of the total population how many are in-state?
MR. SWANN: The normal -- the number normally runs about 65 percent. It's 33 to 35 out of state and it's been that way for the last 16 years in my experience.
SENATOR PEELER: You don't foresee that changing, that ratio?
MR. SWANN: I think it would stay about the same.

Printed Page 1188 . . . . . Tuesday, March 14, 2006

CHAIRMAN PHILLIPS: Thank you, Senator Peeler. Any other questions?
SENATOR SHORT: Mr. Chairman, I don't have a question. Joe, I just want to thank you for all your hard work and encouragement. Please try to keep tuition down as much as possible.
MR. SWANN: Thank you very much.
CHAIRMAN PHILLIPS: I was gonna inquire of that. I share the same concern. We have a lot of people back home concerned about tuition and I know you're concerned enough and I know you're -- on the whole board, and you have to do what you have to do, but please keep that in mind, because the tuition rates are really getting really, really high for a lot of people to be able send a kid to a four-year institution. Thank you very much for your services.
MR. SWANN: Thank you and thank you for you letting me address you.
CHAIRMAN PHILLIPS: Well, it was pleasure of the Committee.
SENATOR PEELER: Mr. Chairman, I move in favor to move forward on it.
CHAIRMAN PHILLIPS: Senator Peeler, moves in favor.
SENATOR ALEXANDER: Second.
CHAIRMAN PHILLIPS: Second by Senator Alexander. All in favor, signify with saying aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Aye. Any no's?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: No. It's unanimous. Thank you very much and the election will be April the 5th.
MR. SWANN: April the 5th.
CHAIRMAN PHILLIPS: That's next --
SENATOR ALEXANDER: Has that been --
CHAIRMAN PHILLIPS: That's been confirmed.
SENATOR ALEXANDER: It has been confirmed?
CHAIRMAN PHILLIPS: Yeah. We sent a resolution to you all yesterday -- today.
SENATOR ALEXANDER: Well, that doesn't mean it hadn't been --
CHAIRMAN PHILLIPS: Well, I mean, you should read it today.
SENATOR ALEXANDER: That's when it's anticipated.
CHAIRMAN PHILLIPS: No. We sent it to -- the resolution called for April the 5th. We'll let you know definitely.
REPRESENTATIVE LITTLEJOHN: Is that tied in with any other elections or anything?

Printed Page 1189 . . . . . Tuesday, March 14, 2006

CHAIRMAN PHILLIPS: No, no. The House felt that we didn't want to drag these people way up in the mud and we'll do it the first week after the budget. So while -- while the budget's being printed. So tentatively April the 5th is what we asked you all to approve the resolution. It should be on your desk today.
SENATOR SHORT: So, Mr. Chairman, if that date is approved then at what point are they released? I know that Joe doesn't have any opposition, so it's not a problem for him, but if one of the others does have opposition, that raises another point of when they will be released.
CHAIRMAN PHILLIPS: Well, the only other -- Robert E. Lee does not have opposition.
SENATOR SHORT: I know. But --
CHAIRMAN PHILLIPS: We're not -- that election will come later on when we do the poker rules.
REPRESENTATIVE LITTLEJOHN: What --
CHAIRMAN PHILLIPS: We got another election following that one, Cathy Harvin. We've got a number of seats vacant. And the Rule says that -- the Rules of the House that we really haven't been following them so close on the -- where people have withdrawn from the race. And the Rules say we're to advertise at least four weeks. We do that up front, but we haven't been doing it. We've been trying to fill the vacancies and getting them in as quick as we could, we've been going like two weeks or 12 days or something like that. All of them have candidacies that we've got contending. Cathy Harvin's seat, there's already two candidates for that already filed.
MS. FLOYD: Filing closed yesterday at five.
CHAIRMAN PHILLIPS: Yeah. Filing closed and they already had two candidates for it, but we 're just want to try to get them two together. Again, these -- Mr. Briggs and McAbee, time to solicit. This one's going to your journal until next week anyway, so...
SENATOR SHORT: So the other people are at what point?
CHAIRMAN PHILLIPS: The other people? What other people?
SENATOR SHORT: Like Joe.
CHAIRMAN PHILLIPS: Joe and them -- Joe, yeah. He --
SENATOR SHORT: Can start asking for people today?
CHAIRMAN PHILLIPS: Yeah. Oh, yeah. He's eligible today.
SENATOR SHORT: Okay. That's my question. Thank you.
MS. FLOYD: Before it's printed in the House and Senate Journal?
CHAIRMAN PHILLIPS: Huh?
MS. FLOYD: Even before it's typed up?

Printed Page 1190 . . . . . Tuesday, March 14, 2006

CHAIRMAN PHILLIPS: Oh, I'm sorry. He does go -- we do have to print it in the Journal, even though he's an incumbent, no opposition, that should be in there.
SENATOR ALEXANDER: That'll be in about a week or so, isn't it?
CHAIRMAN PHILLIPS: It will be next Monday. We're Tuesday. It will be in the Tuesday Journal, so anytime next week, even though you don't have any opposition.
MR. SWANN: Thank you very much.
SENATOR ALEXANDER: Well, wouldn't it be there after that? Isn't there a two day or two and a half day 48-hour period?
CHAIRMAN PHILLIPS: Yeah.
SENATOR PEELER: So it won't be any day next week, it will be --
CHAIRMAN PHILLIPS: It will be next Thursday --

(Committee members talking over each other.)
SENATOR SHORT: Next Thursday noon or something like that.
MS. FLOYD: It would be in Tuesday's Journal, which will be up to Diane.
SENATOR ALEXANDER: You hate to ask for a commitment and get caught -- because -- you might want to wait until the first of next week.
MS. FLOYD: Right.
SENATOR ALEXANDER: To make sure, Joe, because we don't want anything happening to you.
CHAIRMAN PHILLIPS: Next Thursday, 12:00, Joe, we hope to have it in there.
MR. SWANN: Thank you.
CHAIRMAN PHILLIPS: Francis Marion University at-large, Seat 13, Mr. Robert E. Lee. Mr. Lee is the incumbent with no opposition. Mr. Lee, please raise your right hand. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. LEE: I swear to God.
CHAIRMAN PHILLIPS: You're already in the office, so we know that you don't have any conflicts, you have no other appointments, no other elected offices at this time, do you sir?
MR. LEE: No, sir.
CHAIRMAN PHILLIPS: Would you go ahead with a short statement.
MR. LEE: I've now been, it's kind of scary. I've now been eight years on the Board, Francis Marion. I served the first four years -- a little more than six months and became Chairman and spent four years as Chairman and now I've gone back and started kind of back through and


Printed Page 1191 . . . . . Tuesday, March 14, 2006

am currently Chairman of the Finance Committee. And I -- I think the record at Francis Marion now speaks for itself as to where it's been and where it's going. You know, I wish I could take credit for it, but actually most of the credit belongs to Dr. Carter and his staff. But we just try to either make the way, remove obstacles out of the way for them or kind of stay out of their way, but I really think that Francis Marion kind of speaks for itself, where it is, where it's headed. And I appreciate the honor and the privilege of being part of that.
CHAIRMAN PHILLIPS: Any questions for Mr. Lee?
SENATOR SHORT: Mr. Chairman.
CHAIRMAN PHILLIPS: Ms. Short.
SENATOR SHORT: Has the new nursing program started at Francis Marion?
MR. LEE: Yes, ma'am. The new nursing program has started. The building should be completed, summer. There's a full class awaiting them. It's probably the most stringent admission requirements. I think it has 31 seats and they probably have four or five applicants for every seat.
SENATOR SHORT: Well, we need more seats and more slots for nursing students.
CHAIRMAN PHILLIPS: Representative Littlejohn?
REPRESENTATIVE LITTLEJOHN: Robert, you note that Dr. Carter got you all in a harmony down there. Is that correct?
MR. LEE: Well, I mean, I think so. You know, with Dr. Carter you really don't have much choice. He allows you to operate under the assumption that you do have some choice, but, you know, those who he has he cajoles, those who he has he loves and those who he has is scared. But, no. It's a great partnership.
REPRESENTATIVE LITTLEJOHN: What's your biggest problem?
MR. LEE: Biggest problem?
REPRESENTATIVE LITTLEJOHN: Uh-huh.
MR. LEE: Funding.
REPRESENTATIVE LITTLEJOHN: Sir?
MR. LEE: Funding.
REPRESENTATIVE LITTLEJOHN: Funding?
MR. LEE: Sure. That's all of our big problem. You know, if --
REPRESENTATIVE LITTLEJOHN: But do you realize you're over-funded as far as CHE goes?
MR. LEE: Well, I don't put a lot of credit in CHE. I find that they're probably more of a drag on higher education than a benefit. I do know that better than 75 percent of the students that we service come from

Printed Page 1192 . . . . . Tuesday, March 14, 2006

the Pee Dee region of South Carolina and so to the extent, we are over-funding -- over-funded, according to CHE, I mean, that may be CHE looking at it statewide. But as to our service area, I think we are barely adequately funded, because we, like all institutions, face the same obstacles every year on how do we balance tuition against funding. And I'm happy to say we still remain the lowest four-year institution tuition-wise in the State of South Carolina.
REPRESENTATIVE LITTLEJOHN: Well, you should be. You got about 80-percent funding from CHE while other schools are about 60, so you should have a low tuition.
MR. LEE: Well, that, we do. We have the lowest in the State.
CHAIRMAN PHILLIPS: Any other questions?
SENATOR PEELER: Move in favor for report on Mr. Lee.
CHAIRMAN PHILLIPS: Senator Peeler moves in favor.
SENATOR SHORT: Second.
CHAIRMAN PHILLIPS: Seconded by Senator Short. All in favor of Robert E. Lee say aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: No?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: None of them.
MR. LEE: Thank you Mr. Chairman.
CHAIRMAN PHILLIPS: Sir, wait. You'll be able to solicit votes next Thursday at 12:00.
MR. LEE: Thank you very much.
CHAIRMAN PHILLIPS: From Coastal Carolina University, 3rd District, Seat Number Five, Mr. Jennings McAbee. Jennings, please raise your right hand, sir. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. McABEE: So help me God.
CHAIRMAN PHILLIPS: You don't hold any other elected or appointed positions back in your county, do you?
MR. McABEE: I do not.
CHAIRMAN PHILLIPS: You don't have any hobbies that would be a conflict of interest or businesses that would be a conflict of interest serving on the Coastal Carolina Board, do you?
MR. McABEE: I do not.
CHAIRMAN PHILLIPS: Thank you, sir. If you'll give us a brief statement.
MR. McABEE: All right. I'm Jennings McAbee. It's a pleasure to be here today. It's good to see all of you. I decided to run for the Coastal

Printed Page 1193 . . . . . Tuesday, March 14, 2006

Board. I had thought about my previous years of experience as Chairman of the Subcommittee on Ways and Means and Higher Ed and watched Coastal grow through Charlie Hodges' years of being on the legislature. I've always had a fond place in my heart for the University for that reason. But I also chaired, of course, for the Committee and Tourism and Trade, which is so closely aligned with Coastal and the things that they're doing there at the college. I've served on the (inaudible) Review Committee, which oversaw most of the building growth there, so I'm familiar pretty much with the University through that past experience. And the main reason, my grandfather always taught me that it's not what you do in life that counts, especially if it's for yourself. It's what you do for other people and that's what I want to do serving on the Coastal Board. I'll be happy to respond to any questions that any of you have.
CHAIRMAN PHILLIPS: Any Committee members got any questions for Jennings?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: Well, Jennings, glad to see you.
MR. McABEE: Good to see you.
SENATOR ALEXANDER: Good to see you.
CHAIRMAN PHILLIPS: Thank you for offering your services. What is the pleasure of the Committee?
SENATOR PEELER: Move in favor --
CHAIRMAN PHILLIPS: Senator Peeler moves in favor.
SENATOR ALEXANDER: Second.
CHAIRMAN PHILLIPS: Senator Alexander seconds. All in favor of Jennings McAbee, please signify by saying aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Aye.
MR. McABEE: Thank you very much.
CHAIRMAN PHILLIPS: Any no's?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: No no's. You may solicit your support for next Thursday.
SENATOR SHORT: I thought you said they couldn't.
CHAIRMAN PHILLIPS: Huh?
SENATOR SHORT: I thought you said you couldn't. I thought you said the Coastal one was gonna be held up -- oh, that's Cathy Harvin.
CHAIRMAN PHILLIPS: Yeah. That's right. We'll let you know.
MS. FLOYD: The election won't be on the fifth --
CHAIRMAN PHILLIPS: Yeah.

Printed Page 1194 . . . . . Tuesday, March 14, 2006

MS. FLOYD: -- but they can solicit.
CHAIRMAN PHILLIPS: Yeah. I forgot. Cathy Harvin. We got another one.
MS. FLOYD: Yeah. The election for him won't be on the fifth. I'll let you know.
CHAIRMAN PHILLIPS: Yeah. We'll let you know. I'm sorry.
MR. McABEE: That's fine.
MS. FLOYD: Yeah. The election for them can't be April 5th, because they need time, but they can probably just --
CHAIRMAN PHILLIPS: Okay.
MS. FLOYD: One more.
CHAIRMAN PHILLIPS: You're seeking the 3rd District, Seat Number Five for Coastal Carolina?
MR. BIGGS: Yes, sir. I am.
CHAIRMAN PHILLIPS: Please raise your right hand, sir. Will the information given here today be the truth, nothing but the truth, so help you God?
MR. BIGGS: Yes, sir.
CHAIRMAN PHILLIPS: Do you hold any other elected positions in your county?
MR. BIGGS: No elected positions.
CHAIRMAN PHILLIPS: Appointed positions or anything?
MR. BIGGS: I'm appointed right now to the Veterans' Trust Fund Board. I submitted a resignation about a year ago, but with changes in the Director of Veterans' Affairs, it did not get processed, but I will follow through on that resignation next week.
CHAIRMAN PHILLIPS: If you're elected you would --
MR. BIGGS: I would give that up. Yes, sir.
CHAIRMAN PHILLIPS: Okay, sir. Do you have any hobbies or anything that would be a conflict of interest or a business or business partners that would cause any kind of conflict of interest?
MR. BIGGS: No, sir. None at all.
CHAIRMAN PHILLIPS: None at all? No health problems that would cause you not to be able to attend the Board meetings?
MR. BIGGS: No, sir.
CHAIRMAN PHILLIPS: None? Well, go ahead and give us a short statement if you will, sir.
MR. BIGGS: Okay, sir. I look forward to the -- this opportunity to run for the Board. To me, our higher education is so important to all of our industry and the future growth of this state. I operate a business that runs nursing homes in five states. The majority of them are here in

Printed Page 1195 . . . . . Tuesday, March 14, 2006

South Carolina and we're headquartered in South Carolina. We are constantly looking for professionals to move into administrative positions and social work positions, dieticians. So many of our positions that are available come from the higher education of this state. And I see the need and the importance of continuing the growth that we've seen in South Carolina to make higher education more available and better for our young, you know, future leaders of this state. And I would consider it an opportunity to and a privilege to serve in this capacity.
CHAIRMAN PHILLIPS: Any questions from any Committee of Mr. Briggs?
SENATOR SHORT: Mr. Chairman.
CHAIRMAN PHILLIPS: Senator Short.
SENATOR SHORT: Is the South Carolina Health Care Association, you're currently President of that association. Is that correct?
MR. BIGGS: I'm the Chairman of that association. It's elected by my peers of all the nursing homes and then we hire a president.
SENATOR SHORT: Is that a lobbying organization?
MR. BIGGS: We have a lobbyist that works for the organization.
SENATOR SHORT: But you do not personally lobby?
MR. BIGGS: I do not.
SENATOR SHORT: Okay.
CHAIRMAN PHILLIPS: Any others?
REPRESENTATIVE LITTLEJOHN: Mr. Chairman.
CHAIRMAN PHILLIPS: Yes.
REPRESENTATIVE LITTLEJOHN: Mr. Biggs, this SLED report, is that just water over the dam now or what?
MR. BIGGS: I would guess so.
REPRESENTATIVE LITTLEJOHN: The SLED report was from '94?
MR. BIGGS: That was supposed to be completely removed.
REPRESENTATIVE LITTLEJOHN: It's still on there. You might want to --
MR. BIGGS: It was supposed to completely have been purged.
REPRESENTATIVE LITTLEJOHN: You've done nothing since then?
MR. BIGGS: No, sir.
REPRESENTATIVE LITTLEJOHN: Twelve years.
SENATOR PEELER: Mr. Chairman. The Veterans' Trust Fund Board, what is that?

Printed Page 1196 . . . . . Tuesday, March 14, 2006

MR. BIGGS: The Veteran's Trust Fund Board was passed when Governor Campbell I believe or Governor Beasley was in office. And it was -- where most every other state in South Carolina -- or besides South Carolina had a Veterans' Trust Fund to work with. Donations could be made to assist and benefit veterans in the state. During that period of time the House and Senate voted and passed the Trust Fund Board. It is now a checkoff on the South Carolina tax forms. And we're able to -- to make donations.
SENATOR PEELER: You're currently of the Board?
MR. BIGGS: Yes, sir. There's several hundred thousand dollars in it. It's been used to, you know, help many different veterans. It goes through -- by law, the money has to be passed through a veterans' organization to help. So if the American Legion or VFW or DAV comes to this Board with a legitimate request, then funds can be given to them to help out a little bit.
SENATOR PEELER: What are some of the requirements for a veteran to ask for that?
MR. BIGGS: There's really no requirements. The -- when the trust fund was set up it basically said to serve and help any veteran's needs or issues. But the way the law is written, the committee cannot, say if a veteran comes in with a specific health problem, and because of funding, you know, they don't have the money to pay a bill. The committee cannot say, "Well, we'll approve that and write you a check." It would have to go through a veterans' organization such as the American Legion and then the committee could look at that and then make the donation to that organization and they could help them. There's been talk about trying to change that where it, you know, it wouldn't be going through so many channels, because it makes it very difficult for veterans to be able to get a --
CHAIRMAN PHILLIPS: So, you're saying a little red tape there to get through to it?
MR. BIGGS: I little bit, but this was very new for us when it went in. And it's been a great organization and we're receiving probably $60,000 to $70,000 a year from the tax checkoff forms. But it's, you know, a great thing for our state.
CHAIRMAN PHILLIPS: I was just wondering. Any other question from any Committee members?
SENATOR SHORT: Mr. Chairman.
CHAIRMAN PHILLIPS: Senator Short.
SENATOR SHORT: I don't really have a question. I just want to encourage you while you're running to look carefully at tuition cost.

Printed Page 1197 . . . . . Tuesday, March 14, 2006

Coastal as well as the other schools have gone up dramatically and it's just a serious concern for all of us and I would hope that if you are fortunate enough to be elected that that would be an issue that you would take to heart and carefully considered before you voted to increase tuition at the kind of rates that it has been of late.
MR. BIGGS: I have a 13 year-old, so that is something I'm gonna be facing in the near future.
CHAIRMAN PHILLIPS: Any other questions from any Committee members?
SENATOR PEELER: Mr. Chairman, I move in favor for the reports.
SENATOR SHORT: Second.
CHAIRMAN PHILLIPS: Senator Peeler moves in favor of reports.
SENATOR SHORT: Second.
CHAIRMAN PHILLIPS: Second by Senator Short. All in favor signify by saying aye.
COMMITTEE: Aye.
CHAIRMAN PHILLIPS: Any no's?
COMMITTEE: (No response.)
CHAIRMAN PHILLIPS: No. Thank you, sir. We'll let you know when the elections will be held and when you can start asking for solicitations of votes, sir. She'll send that by mail or telephone.
MR. BIGGS: Okay. Thank you very much. Have a great day.
(The candidate screening concluded at 1:59 p.m.)

On motion of Senator KNOTTS, the report was ordered printed in the Journal.

REGULATIONS RECEIVED

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

Document No. 3045
Agency: Office of the Attorney General
SUBJECT: Securities
Received by Lieutenant Governor March 9, 2006
Referred to Banking and Insurance Committee
Legislative Review Expiration February 13, 2007


Printed Page 1198 . . . . . Tuesday, March 14, 2006

Document No. 3056
Agency: Department of Education
SUBJECT: End-of-course tests
Received by Lieutenant Governor March 10, 2006
Referred to Education Committee
Legislative Review Expiration February 14, 2007

Document No. 3057
Agency: Department of Revenue
SUBJECT: Retail Licenses and Partnerships
Received by Lieutenant Governor March 10, 2006
Referred to Finance Committee
Legislative Review Expiration February 14, 2007

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 3027
Promulgated by Board of Education
Nutrition Standards of Elementary (K-5) School
Food Service Meals and Competitive Foods
Received by Lt. Governor January 20, 2006
Referred to Senate Committee on Education
120 day review expiration date January 13, 2007
Withdrawn and resubmitted March 10, 2006

Doctor of the Day

Senator COURSON introduced Dr. William H. Richardson of Columbia, S.C., Doctor of the Day.

Leave of Absence

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

Motion to Ratify Adopted

At 12:08 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.

There was no objection and a message was sent to the House accordingly.


Printed Page 1199 . . . . . Tuesday, March 14, 2006

S. 1238--CO-SPONSORS ADDED

S. 1238 (Word version) -- Senators McConnell, Moore, Rankin, Drummond, Land, Setzler, Leatherman, Peeler, Matthews, McGill, O'Dell, Elliott, Martin, Mescher, Ryberg, Short, Alexander, Grooms, Richardson, Verdin and Cromer: A BILL TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO JOINTLY OWN A NUCLEAR POWER STATION AND RELATED TRANSMISSION FACILITIES WITH THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY ON A SITE AT OR NEAR PARR SHOALS IN FAIRFIELD COUNTY, SO AS TO CONFIRM THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY OWNED BY THE PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.

On motion of Senator BRYANT, with unanimous consent, the names of Senators BRYANT, FORD and SCOTT were added as co-sponsors of S. 1238.

S. 111--CO-SPONSOR ADDED

S. 111 (Word version) -- Senators Fair, Bryant, Grooms, Thomas, Verdin and Hayes: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.

On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 111.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1244 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 59-71-30 OF THE 1976 CODE, RELATING TO AUTHORITIES OF OPERATING SCHOOL UNITS AUTHORIZED TO ISSUE GENERAL OBLIGATION BONDS, TO PROVIDE THAT A SUCCESSOR-IN-INTEREST OF AN OPERATING SCHOOL UNIT INCURS THE DEBTS OF ITS PREDECESSOR-IN-INTEREST UPON THE SUCCESSOR-IN-INTEREST UNDERTAKING THE


Printed Page 1200 . . . . . Tuesday, March 14, 2006

DUTIES OF ITS PREDECESSOR-IN-INTEREST SUBJECT TO ALL REQUIREMENTS FOR INCURRING GENERAL OBLIGATION DEBT.
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Read the first time and referred to the Committee on Education.

S. 1245 (Word version) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
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Senator THOMAS spoke on the Bill.

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

S. 1246 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Judiciary.

S. 1247 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE THE LOWER RICHLAND DIAMONDS GIRLS BASKETBALL TEAM FOR WINNING THE CLASS 4A STATE BASKETBALL CHAMPIONSHIP ON FRIDAY, MARCH 3, 2006, AT THE COLONIAL CENTER IN COLUMBIA.
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The Concurrent Resolution was adopted, ordered sent to the House.


Printed Page 1201 . . . . . Tuesday, March 14, 2006

H. 4195 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.

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

H. 4324 (Word version) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES.

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

H. 4624 (Word version) -- Reps. Vaughn, Harrell, Cooper, Haskins, Leach, Taylor, Bannister, Cato, Ceips, Hamilton, Littlejohn, Loftis, Mahaffey, Mitchell, Rice, Sinclair, F. N. Smith, G. R. Smith, W. D. Smith, Talley, Walker, Tripp and Townsend: A BILL TO AMEND SECTION 56-3-2330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF MOTOR VEHICLE MANUFACTURER LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT THE DEPARTMENT MAY ISSUE TO A MOTOR VEHICLE MANUFACTURER.

Read the first time and, on motion of Senator RYBERG, with unanimous consent, H. 4624 was ordered placed on the Calendar without reference.

H. 4687 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 20-7-6840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT INTENSIVE SUPERVISION SERVICES ARE AMONG THE COMMUNITY-BASED PROGRAMS THE


Printed Page 1202 . . . . . Tuesday, March 14, 2006

DEPARTMENT PROVIDES; AND TO SPECIFY THOSE JUVENILES WHO MUST BE ASSIGNED TO INTENSIVE SUPERVISION SERVICES AND TO FURTHER PROVIDE FOR THE SCOPE AND DELIVERY OF THESE SERVICES.

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

H. 4793 (Word version) -- Reps. Kirsh, Delleney, Emory, McCraw, Moody-Lawrence, Norman and Simrill: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 28, 2006, "YORK COUNTY DAY" IN SOUTH CAROLINA.

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

REPORTS OF STANDING COMMITTEES

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

S. 626 (Word version) -- Senators Hawkins and Leventis: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO INCLUDE THAT IT IS ILLEGAL TO CONFINE OR RESTRICT THE MOVEMENT OF AN ANIMAL IN A WAY THAT INFLICTS EXTENDED AND UNNECESSARY SUFFERING UPON AN ANIMAL.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:


Printed Page 1203 . . . . . Tuesday, March 14, 2006

S. 1004 (Word version) -- Senator Short: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO REVISE CERTAIN EXIT EXAMINATION REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TEST TO END-OF-YEAR ASSESSMENT; TO


Printed Page 1204 . . . . . Tuesday, March 14, 2006

AMEND SECTION 59-28-200, RELATING TO THE DEVELOPMENT OF INFORMATIONAL MATERIALS, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TESTS TO STATEWIDE ASSESSMENTS; AND TO REPEAL CHAPTER 30 OF TITLE 59 RELATING TO THE BASIC SKILLS ASSESSMENT PROGRAM.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

H. 4328 (Word version) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J.H. Neal, Owens, E.H. Pitts, D.C. Smith, M.A. Pitts, Bailey, Littlejohn, Clyburn, Toole, Bannister and Loftis: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY


Printed Page 1205 . . . . . Tuesday, March 14, 2006

DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TEST TO END-OF-YEAR ASSESSMENT; TO AMEND SECTION 59-28-200, RELATING TO THE DEVELOPMENT OF INFORMATIONAL MATERIALS, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TESTS TO STATEWIDE ASSESSMENTS; AND TO REPEAL CHAPTER 30 OF TITLE 59 RELATING TO THE BASIC SKILLS ASSESSMENT PROGRAM.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

H. 4429 (Word version) -- Reps. Townsend, Mitchell, Edge, J.E. Smith, Viers, Harrell, Clark, Clyburn, Littlejohn, Walker, Clemmons, Cooper, Barfield, Govan, Frye, Bailey, Huggins, Leach, Witherspoon, Anderson, Hardwick, Hiott, Rhoad, W.D. Smith, Miller, Altman, Anthony, Bales, Ballentine, Battle, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Davenport, Duncan, Hagood, Haley, Hamilton, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Howard, Jefferson, Kennedy, Limehouse, Loftis, Mahaffey, Martin, McCraw, McGee, Merrill, J.H. Neal, Ott, Perry, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, D.C. Smith, F.N. Smith, G.R. Smith, J.R. Smith, Thompson, Vick, White, Young, McLeod, Jennings, Tripp, Haskins and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-425 SO AS TO REVISE AND FURTHER PROVIDE FOR THE LENGTH OF THE SCHOOL TERM AND THE BEGINNING OF THE SCHOOL TERM, THE USE OF SCHOOL DAYS, AND PROVISIONS FOR MAKE-UP DAYS; AND TO REPEAL SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM, SECTION 59-1-430 RELATING TO


Printed Page 1206 . . . . . Tuesday, March 14, 2006

MAKE-UP DAYS, AND SECTION 59-1-440 RELATING TO THE HOURS AND USE OF A SCHOOL DAY.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1226 (Word version) -- Senators Hayes, Gregory, Peeler and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 28, 2006, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts, Sheheen, Alexander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ESTABLISHING THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, TO AMEND DEFINITIONS IN THE OMNIBUS ADULT PROTECTION ACT, SO "FACILITY" INCLUDES CERTAIN RESIDENTIAL PROGRAMS AND "INVESTIGATIVE ENTITY" INCLUDES THE SPECIAL INVESTIGATIONS UNIT, TO AMEND THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, TO CLARIFY THE INVESTIGATIVE RESPONSIBILITIES OF THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM, TO CLARIFY REPORTING RESPONSIBILITIES, TO PROVIDE THAT ALL DEATHS OF A VULNERABLE ADULT IN CERTAIN FACILITIES MUST BE REPORTED TO THE SPECIAL INVESTIGATIONS UNIT; TO PROVIDE THAT A FACILITY'S REQUIRED NOTICES MUST CONTAIN E-MAIL ADDRESSES AND FAX NUMBERS OF THE


Printed Page 1207 . . . . . Tuesday, March 14, 2006

LONG TERM CARE OMBUDSMAN PROGRAM, THE SPECIAL INVESTIGATIONS UNIT, AND LAW ENFORCEMENT, TO PROVIDE THAT THE SPECIAL INVESTIGATIONS UNIT MAY MAKE REFERRALS TO THE ATTORNEY GENERAL FOR A FAILURE TO EXERCISE REASONABLE CARE IN OPERATING A FACILITY FOR VULNERABLE ADULTS, TO ADD ARTICLE 5 TO CHAPTER 35, TITLE 43 TO PROVIDE FOR THE POWERS AND DUTIES OF THE SPECIAL INVESTIGATIONS UNIT AND TO ESTABLISH THE VULNERABLE ADULT FATALITIES REVIEW COMMITTEE, TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REPORT THE DEATH OF A VULNERABLE ADULT TO THE SPECIAL INVESTIGATIONS UNIT UNDER CERTAIN CIRCUMSTANCES, AND TO REQUIRE RECORDS CHECKS ON DIRECT CAREGIVERS IN CERTAIN RESIDENTIAL PROGRAMS.
(ABBREVIATED TITLE)

S. 1232 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3040, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILLS

The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 1033 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-11-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, INCLUDING THE SWIMMING POOL SUBCLASSIFICATION UNDER THE GENERAL CONTRACTOR SPECIALTY CLASSIFICATION, SO AS TO PROVIDE THAT WORK UNDER THIS SUBCLASSIFICATION DOES NOT REQUIRE AN EXAMINATION FOR PREFABRICATED OR RESIDENTIAL ABOVEGROUND POOLS AND THAT SUCH A SUBCLASSIFICATION LICENSE IS NOT REQUIRED TO APPLY


Printed Page 1208 . . . . . Tuesday, March 14, 2006

PAINT OR SEALANT TO THE INSIDE OF A POOL OR SPA OR TO POOL DECKS.

S. 1233 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1234 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4539 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 3014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4541 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

H. 4671 (Word version) -- Reps. G.M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE


Printed Page 1209 . . . . . Tuesday, March 14, 2006

SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE

Printed Page 1210 . . . . . Tuesday, March 14, 2006

THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM FOR THE TERMS "HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.

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

Senator FAIR proposed the following amendment (NBD\ 12284CM06), which was adopted:

Amend the bill, as and if amended, by striking SECTION 13 in its entirety and inserting:


Printed Page 1211 . . . . . Tuesday, March 14, 2006

/ SECTION   13.   Section 56-5-4160 of the 1976 Code is amended to read:

"Section 56-5-4160.   (A)   An officer or agent of the Department of Public Safety having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle and load either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales. Whenever an officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load necessary to reduce the axle weight, or gross weight of the vehicle, or both, to the limits permitted under this chapter is removed. All material unloaded must be cared for by the owner or operator of the vehicle at his own risk. In determining whether the limits established by Section 56-5-4130 or 56-5-4140 have been exceeded, the scaled weights of the gross weight of vehicles and combinations of vehicles are considered to be not closer than ten percent to the true gross weight, except as otherwise provided in Section 56-5-4140.

(B)   A person who operates a vehicle on a public highway whose axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars five cents per pound or imprisoned not more than thirty days, or both. If a vehicle does not exceed the gross weight limits provided for by this article, and the axle weight limits are not exceeded by more than five percent including enforcement tolerances, the fine imposed is reduced by fifty percent with a minimum fine of twenty-five dollars.

(C)   A person who operates a vehicle found to exceed the excess gross weight limitations imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine based on the following scale:

POUNDS OF EXCESS AMOUNT OF FINE

WEIGHT IN DOLLARS

(1) 500-- 1500 lbs.: $25.00

(2) 1501-- 2500 lbs.: 45.00

(3) 2501-- 3500 lbs.: 60.00

(4) 3501-- 4250 lbs.: 135.00

(5) 4251-- 5250 lbs.: 180.00

(6) 5251-- 6250 lbs.: 300.00

(7) 6250-- 7250 lbs.: 460.00


Printed Page 1212 . . . . . Tuesday, March 14, 2006

(8) 7251-- 8250 lbs.: 600.00

(9) 8251--10250 lbs.: 700.00

(10) 10251--lbs. and over: 10 cents for each pound

(1)   500-3,500 pounds: four cents per pound over weight limit;

(2)   3,501-6000 pounds: six cents per pound over weight limit, beginning with the first pound in excess;

(3)   6,001 pounds and over: ten cents per pound over weight limit, beginning with the first pound in excess.

The fine imposed pursuant to items (1), and (2), (3), (4), (5) and (6) must be equal to one-half the rate for vehicles transporting raw farm or forest products from the farm or forest to the first market, or by fully enclosed motor vehicles designed specifically for collecting, compacting, and hauling garbage from residences or from garbage dumpsters, or by motor vehicles operating open top trailers used for hauling recyclables, scrap, and waste materials from sites without facilities for weighing, when operating for those purposes. If an operator is found to be in violation of both gross and axle limits, only one citation may be issued, the fine being for the greater of the two, for that load. No fine may be issued for violation of the vehicle registration statues if that vehicle is registered for the maximum allowable weight for that class of vehicle as provided in Section 56-5-4140.

If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.

(D)(1)   A person who operates a vehicle found to have out-of-service violations, other than violations of brakes out of adjustment and lighting violations which can be repaired at the scene, detected during a roadside inspection is guilty of a misdemeanor and, upon conviction, shall pay to the Department of Public Safety a fine of two hundred dollars.

(2)(a)   An individual who operates a commercial motor vehicle on a public highway whose vehicle or driver is in violation of the out-of-service order as defined in 49 CFR 390.5 is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars.

(b)   A company or individual who operates or allows a commercial motor vehicle to be operated on a public highway in violation of a motor carrier operation out-of-service order, or order to cease operation, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars.


Printed Page 1213 . . . . . Tuesday, March 14, 2006

(3)   If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the Department of Public Safety, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine.

(D)(E)   At the time that a uniform size, and weight, and safety citation is issued pursuant to this section, the officer or agent who is authorized to issue the citation must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the Department of Public Safety or to receive a hearing in magistrates magistrate's court. If the individual at the time the citation is issued elects to pay his fine directly to the department within fourteen twenty-eight days, as specified on the citation, no assessments may be added to the original fine pursuant to this section. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.

(E)(F)   Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the Department of Public Safety as provided for in this section. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the account established in this section. The department shall use these monies to establish and maintain automated data bases, to upgrade and refurbish existing weigh stations, to purchase and maintain portable scales, to hire additional other funded troopers or State Transport Police officers Officers, to purchase equipment for State Transport Police Officers, and to procure other commercial motor vehicle safety measures, and fund other commercial motor vehicle safety programs that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.

'Conviction', as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's presence in the court.

If the fine is not paid in full to the Department of Public Safety within forty-five days after conviction, the license and registration of


Printed Page 1214 . . . . . Tuesday, March 14, 2006

the vehicle found to violate Section 58-23-1120 or Regulations 38-423 et seq. or exceed the limits imposed by Section 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicles immediately shall return the license and registration of the vehicle to the Department of Motor Vehicles. If a person fails to return them as provided in this section, the Department of Motor Vehicles may secure possession of them by a commissioned trooper or officer. The suspension continues until the fine is paid in full.

(F)(G)   The Department of Public Safety shall provide a separate uniform citation to be used by the Size and Weight State Transport Police Division of the Department of Public Safety. The uniform citation must be used for all size, and weight, and safety violations which the Size and Weight State Transport Police Division of the Department of Public Safety is primarily is responsible for enforcing.

(G)(H)   The issuance of a uniform citation to the operator of a vehicle for a violation of this section, Section 58-23-1120, or Regulations 38-423 et seq. constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation 'THE ISSUANCE OF SIZE, AND WEIGHT, AND SAFETY UNIFORM CITATION TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE, AND WEIGHT OR SAFETY VIOLATION'.

(I)   An individual who fails to conduct a safety inspection of a vehicle as required by Part 396 of the Federal Motor Carrier Safety Regulations or fails to have in his possession documentation that an inspection has been performed must be fined one hundred dollars per vehicle operated in violation of this subsection.

(J)   Motor carriers, officers, or agents in charge of them, who fail or refuse to permit authorized State Transport Police representatives or employees to examine and inspect their books, records, accounts and documents, or their plants, property, or facilities, as provided by law and with reasonable notice, are guilty of a misdemeanor. Each day of such failure or refusal constitutes a separate offense and each offense is punishable by a fine of one thousand dollars.

(H)(K)   Notwithstanding any other provision of law, all fines collected pursuant to this section must be deposited into an account in the Office of the State Treasurer and called the 'Size, and Weight, and Safety Revitalization Program Fund for Permanent Improvements.' Monies credited to the fund may only be expended as authorized in item (E)(F) of this section."


Printed Page 1215 . . . . . Tuesday, March 14, 2006

SECTION   14.   SECTION 13 of this act takes effect ninety days after approval by the Governor. The remaining SECTIONS contained in this act take effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

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

AMENDED, ADOPTED

H. 4699 (Word version) -- Reps. Jennings, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, 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 INVITING THE WINNERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 26, 2006, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND


Printed Page 1216 . . . . . Tuesday, March 14, 2006

COMMEND THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

Senator McCONNELL proposed the following amendment (4699R001.GFM), which was adopted:

Amend the concurrent resolution, as and if amended, by striking the resolution in its entirety and inserting:

  /     A CONCURRENT RESOLUTION

INVITING THE WINNERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 3, 2006, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, RECOGNIZING AND COMMENDING THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA, AND INVITING THE WINNERS OF THE 2006 ELIZABETH O'NEILL VERNER AWARDS TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES IMMEDIATELY FOLLOWING THE 2006 JEAN LANEY HARRIS FOLK HERITAGE AWARDS CEREMONY TO RECOGNIZE AND COMMEND THE 2006 ELIZABETH O'NEILL VERNER AWARDS WINNERS FOR THEIR OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS TO THE ARTS IN SOUTH CAROLINA.

Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted often for hundreds of years; and

Whereas, the winners of the 2006 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all


Printed Page 1217 . . . . . Tuesday, March 14, 2006

persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 2006 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably; and

Whereas, Elizabeth O'Neill Verner, an artist, teacher, writer, and educator, achieved an international reputation for her etchings and pastels capturing the spirit and beauty of South Carolina. Her drawings of South Carolina residences, churches, and street-life portraits are recognized throughout the world for their artistic merit and unique color hues; and

Whereas, the South Carolina Arts Commission annually presents the Elizabeth O'Neill Verner Awards to recognize and encourage the arts throughout the State. The Verner Awards are recognized as the highest honor the State gives in the arts; and

Whereas, the South Carolina Arts Commission has performed its duties admirably in selecting the 2006 Elizabeth O'Neill Verner Awards recipients. Now, therefore,

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

That the members of the General Assembly invite the winners of the 2006 Jean Laney Harris Folk Heritage Awards and the members of the 2006 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, May 3, 2006, or a time mutually convenient for both bodies, as determined by the Speaker of the House and the President Pro Tempore of the Senate, and that the members of the General Assembly recognize and commend the 2006 Jean Laney Harris Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.

Immediately following the completion of the 2006 Jean Laney Harris Folk Heritage Awards ceremony, the House of Representatives and Senate shall meet in the Hall of the House of Representatives for the presentation of the 2006 Elizabeth O'Neill Verner Award, and that the members of the General Assembly recognize and commend the 2006 Elizabeth O'Neill Verner Award winners for their outstanding achievements and contributions to the arts in South Carolina.       /

Renumber sections to conform.

Amend title to conform.


Printed Page 1218 . . . . . Tuesday, March 14, 2006

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Resolution was adopted and ordered returned to the House with amendments.

RECOMMITTED

S. 1241 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO INCLUDE THAT IT IS ILLEGAL TO CONFINE OR RESTRICT THE MOVEMENT OF AN ANIMAL IN A WAY THAT INFLICTS EXTENDED AND UNNECESSARY SUFFERING UPON AN ANIMAL.

Senator GROOMS asked unanimous consent to commit the Bill to the Committee on Agriculture and Natural Resources.

There was no objection.

The Bill was recommitted to the Agriculture and Natural Resources Committee.

CARRIED OVER

H. 4708 (Word version) -- Reps. Bowers, Hodges and R. Brown: A BILL TO AMEND SECTION 57-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROADSIDE VEGETATION MANAGEMENT ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54, SO AS TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ALSO APPLY TO ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 95 BETWEEN MILE MARKERS 54 AND 58.

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

S. 616 (Word version) -- Senators Knotts, Grooms, Williams, McConnell, Mescher, Matthews, Scott and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE


Printed Page 1219 . . . . . Tuesday, March 14, 2006

SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION EITHER BEFORE OR AFTER A NINETY-DAY PERIOD OF CONTINUED COHABITATION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT.

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

S. 680 (Word version) -- Senators Sheheen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO PROVIDE THAT GASOLINE AND DIESEL FUEL MAY BE DISPENSED AT UNATTENDED SERVICE STATIONS IF THE DISPENSING DEVISE HAS AN AUTOMATIC SHUT-OFF VALVE THAT IS ACTIVATED WHEN THE SALE REACHES FIFTY DOLLARS.

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

S. 1104 (Word version) -- Senators Thomas, Ford, Malloy, Williams and Anderson: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIVE DISMISSAL BY A COURT OF A PROSECUTION FOR A DISHONORED CHECK UPON RESTITUTION, SO AS TO MAKE THE DISMISSAL MANDATORY; AND TO AMEND SECTION 34-11-100, RELATING TO THE EFFECT OF PAYMENT OF A DISHONORED CHECK AFTER THE INITIATION OF PROSECUTION, SO AS TO PROVIDE THAT PAYMENT IS GROUNDS FOR DISMISSAL OF THE CHARGES.

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

H. 4540 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3015, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4542 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO


Printed Page 1220 . . . . . Tuesday, March 14, 2006

PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4543 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE SCHOLARSHIP, SC HOPE SCHOLARSHIP, AND PALMETTO FELLOWS SCHOLARSHIP APPEALS REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

H. 3184 (Word version) -- Reps. Harrison, G.R. Smith, Whipper, Cato, G.M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT THE RULES AND PROCEDURES FOLLOWED BY INDIVIDUAL STATE AGENCIES FOR THE HEARING OF CONTESTED CASES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE FOR, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR BY STATUTE, JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION OF A STATE AGENCY BY AN ADMINISTRATIVE LAW JUDGE AND THAT THE DECISION OF THE ADMINISTRATIVE LAW JUDGE


Printed Page 1221 . . . . . Tuesday, March 14, 2006

MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE STATE ETHICS COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION BY THE EMPLOYMENT SECURITY COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS, TO PROVIDE FOR AN APPEAL FROM A FINAL DECISION OF THE PUBLIC SERVICE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS, AND TO REPEAL CERTAIN SECTIONS RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION (ABBREVIATED TITLE)

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

Senator McCONNELL spoke on the Bill.

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

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker of the House of Representatives appeared in the Senate Chamber on March 14, 2006, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R237, S. 353 (Word version)) -- Senator McConnell: AN ACT TO AMEND CHAPTER 15, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTS AND PILOTAGE, SO AS TO REVISE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE FOR VARIOUS PORTS, PROVIDE FOR COMMISSIONERS OF PILOTAGE FOR THE UPPER COASTAL AREA AND FOR THE LOWER COASTAL AREA, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS AND APPRENTICES ARE LICENSED, TRAINED, AND REGULATED.
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(R238, S. 490 (Word version)) -- Senator Land: AN ACT TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO


Printed Page 1222 . . . . . Tuesday, March 14, 2006

MAKE THE LIEN FOR MUNICIPAL TAXES IN A MUNICIPALITY WHICH SEPARATELY COLLECTS PROPERTY TAX A FIRST LIEN ON THE PROPERTY CONTINUING UNTIL THE DEBT IS DISCHARGED IN FULL; TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE OVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY; TO AMEND SECTION 12-51-90, AS AMENDED, RELATING TO REDEMPTION OF REAL PROPERTY FOLLOWING ITS SALE FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT THE TAX DEED IS INCONTESTABLE TWELVE MONTHS AFTER ISSUE; TO AMEND SECTION 12-51-160, RELATING TO TAX DEEDS, SO AS TO CONFORM THE TIME AFTER WHICH THE DEED IS INCONTESTABLE TO THE TIME PROVIDED IN THE AMENDMENT TO SECTION 12-51-90 CONTAINED IN THIS ACT; AND BY ADDING ARTICLE 9 TO CHAPTER 49 OF TITLE 12 SO AS TO PROVIDE THE RIGHTS OF REAL PROPERTY MORTGAGES IN THE ENFORCED COLLECTION OF PROPERTY TAXES ON THE MORTGAGED REAL PROPERTY.
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(R239, S. 961 (Word version)) -- Senators McConnell, Ford, Knotts and Mescher: AN ACT TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THAT THE AREA SEEKING TO BE INCORPORATED FILE A PROPOSAL FOR PROVIDING EITHER DIRECTLY OR INDIRECTLY A SUBSTANTIALLY SIMILAR LEVEL OF LAW ENFORCEMENT SERVICES TO THE AREA'S EXISTING LAW ENFORCEMENT COVERAGE PRIOR TO SEEKING INCORPORATION.
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(R240, S. 1026 (Word version)) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land,


Printed Page 1223 . . . . . Tuesday, March 14, 2006

Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. Verne Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT AND TO APPROPRIATE FROM THE SAME SOURCE $13,094,604 TO THE STATE DEPARTMENT OF EDUCATION FOR PARTS AND FUEL FOR THE SCHOOL BUS FLEET.
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(R241, S. 1097 (Word version)) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 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, 2006.
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(R242, S. 1098 (Word version)) -- Senator McGill: AN ACT TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO ADD AND DELETE A VOTING PRECINCT IN WILLIAMSBURG COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THE AFFECTED PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R243, S. 1136 (Word version)) -- Senators Knotts, Cromer, Setzler and Courson: AN ACT TO AMEND ACT 378 OF 2004, THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY RELIEF ACT, SO AS TO PROVIDE THAT THE REVENUES ALLOTTED TO A SCHOOL DISTRICT BE USED TO PROVIDE A NONREFUNDABLE CREDIT AGAINST THE SCHOOL PROPERTY TAX LIABILITY ON PROPERTY TAXABLE IN THE DISTRICT AND THAT THE LIABILITY BE DETERMINED BY USING THE APPRAISED


Printed Page 1224 . . . . . Tuesday, March 14, 2006

VALUE OF THE TAXABLE PROPERTY BEFORE THE HOMESTEAD EXEMPTION IN SECTION 12-37-250.
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(R244, H. 3554 (Word version)) -- Rep. Huggins: AN ACT TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A SELF-INSURER FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT AN IRREVOCABLE LETTER OF CREDIT ISSUED BY A BANK CHARTERED IN THIS STATE OR A MEMBER BANK OF THE FEDERAL RESERVE SYSTEM MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES IN LIEU OF THE CASH DEPOSIT REQUIRED TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY OF A POTENTIAL SELF-INSURER, AND TO PROVIDE THAT A PERSON OR COMPANY THAT QUALIFIES AS A SELF-INSURER MAY ISSUE CERTIFICATES OF INSURANCE FOR ALL PURPOSES ONLY ON THE VEHICLES REGISTERED IN THE APPLICANT'S NAME; AND TO AMEND SECTION 58-23-1240, RELATING TO THE PUBLIC TAXI PLATE WHICH MUST BE AFFIXED TO A TAXI, SO AS TO PROVIDE THAT THE PLATE MUST BE AFFIXED ONLY TO THE REAR OF A TAXI, TO PROVIDE THAT A STICKER MAY BE AFFIXED TO THE TAXI IN LIEU OF A METAL PLATE, TO PROVIDE THAT THE CITY WHERE THE TAXI PRINCIPALLY OPERATES MUST APPROVE THE DIMENSIONS OF THE STICKER OR PLATE INSTEAD OF THE GOVERNING BODY OF THE COUNTY, TO REMOVE THE TERM "PUBLIC" AND THE TAXI LICENSE NUMBER FROM THE CONTENTS OF THE STICKER OR PLATE, TO DELETE THE REQUIREMENT THAT THE COLOR OF THE PLATE MUST BE CHANGED ANNUALLY, AND TO PROVIDE THAT THE OWNER OF A TAXI THAT QUALIFIES AS A SELF-INSURER MUST ISSUE TO EACH OPERATOR OF THE TAXI A CERTIFICATE OF INSURANCE WHICH MUST BE MAINTAINED IN THE TAXI WHILE IT IS IN OPERATION.
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(R245, H. 3580 (Word version)) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks,


Printed Page 1225 . . . . . Tuesday, March 14, 2006

Phillips, Rhoad, Rice, Simrill, D.C. Smith, G.R. Smith, J.E. Smith, Taylor, Townsend, Umphlett, Witherspoon, Talley and McLeod: AN ACT TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR MEMBERS OF THE STATE GUARD AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.
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(R246, H. 3993 (Word version)) -- Rep. Edge: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.
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(R247, H. 4015 (Word version)) -- Rep. White: AN ACT TO AMEND SECTIONS 40-47-910, 40-47-935, 40-47-940, 40-47-945, 40-47-950, 40-47-955, 40-47-965, 40-47-970, 40-47-980, 40-47-1000, 40-47-1010, AND 40-47-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO INCLUDE THE DEFINITION OF ALTERNATE SUPERVISING PHYSICIAN AND SUPERVISING PHYSICIAN; TO PROVIDE THAT ONLY PHYSICIANS ASSISTANTS HOLDING A PERMANENT LICENSE MAY PRESCRIBE DRUG THERAPY; TO UPDATE AND CLARIFY THE PROCEDURE FOR ISSUANCE OF AUTHORIZATION TO PRACTICE; TO CLARIFY THE PERMANENT LICENSURE FOR PHYSICIAN ASSISTANTS; TO CLARIFY THE LIMITED LICENSURE FOR PHYSICIAN ASSISTANTS; TO CLARIFY SUPERVISION RESPONSIBILITIES WHEN A PHYSICIAN ASSISTANT AND A PHYSICIAN PRACTICE AT THE SAME LOCATION AND PROVIDE EXCEPTIONS; TO CLARIFY THE REQUIREMENTS FOR OFF-SITE PRACTICE; TO PROVIDE THAT PATIENT CHARTS FOR PATIENTS SEEN BY A PHYSICIAN ASSISTANT IN A SUPERVISOR'S ABSENCE MUST BE REVIEWED BY THE


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SUPERVISING PHYSICIAN OR ALTERNATE WITHIN FIVE WORKING DAYS AND TO PROVIDE AN EXCEPTION; TO PROVIDE LIMITED CONTROLLED SUBSTANCE PRESCRIPTIVE AUTHORITY; TO CLARIFY THAT THE PHYSICIAN ASSISTANT PRACTICE IS LIMITED TO THE SUPERVISING PHYSICIAN'S SCOPE OF PRACTICE; TO PROVIDE FOR THE CONDUCT OF INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS; TO PROVIDE THAT A LICENSE MAY BE RENEWED BIENNIALLY; TO PROVIDE REFERENCES; TO CHANGE CERTAIN REFERENCES FROM BOARD TO COMMITTEE; AND TO PROVIDE THAT MONETARY FEES MAY BE DECREASED OR INCREASED BIENNIALLY FOR PHYSICIAN ASSISTANTS.
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(R248, H. 4190 (Word version)) -- Rep. Leach: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
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(R249, H. 4294 (Word version)) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BAMBERG, SOUTH CAROLINA, TO THE CITY OF BAMBERG AND OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN LAKE CITY, SOUTH CAROLINA, TO THE CITY OF LAKE CITY.
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(R250, H. 4296 (Word version)) -- Reps. Altman, Mahaffey, Toole and Perry: AN ACT TO AMEND SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE


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AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN, PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED TERRAPIN FOR A COMMERCIAL PURPOSE, PROVIDE THAT A PERSON MAY POSSESS NO MORE THAN TWO DIAMOND-BACKED TERRAPIN FOR A NONCOMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.
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(R251, H. 4513 (Word version)) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M.A. Pitts: AN ACT TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO NO LATER THAN JUNE 1, 2006.
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(R252, H. 4526 (Word version)) -- Reps. J.R. Smith, Clyburn, Perry, D.C. Smith, Stewart and Clark: AN ACT TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R253, H. 4594 (Word version)) -- Reps. Vick, Witherspoon, Clemmons and Hardwick: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5595 SO AS TO PROVIDE THAT FOR PURPOSES OF THE NONRECOGNITION OF GAIN UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE AND COMPARABLE PROVISIONS OF STATE LAW, THE CONVEYANCE BY TIMBER DEED OF THE RIGHT TO CUT STANDING TIMBER FOR A PERIOD OF TIME EXCEEDING THIRTY YEARS IS CONSIDERED A CONVEYANCE OF A REAL PROPERTY INTEREST AND AS SUCH UNDER THE LAWS OF


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THIS STATE IS A LIKE-KIND EXCHANGE WITH OTHER SIMILAR CONVEYANCES OF A REAL PROPERTY INTEREST OR WITH CONVEYANCES OF SIMILAR INVESTMENT REAL PROPERTY OWNED IN FEE SIMPLE.
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(R254, H. 4666 (Word version)) -- Rep. Branham: AN ACT TO AMEND ACT 239 OF 1981, AS AMENDED, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NO. 1 BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED AT THE GENERAL ELECTION IN NOVEMBER; TO PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE FOUR YEARS; TO PROVIDE FOR THE EXPIRATION OF TERMS OF MEMBERS CURRENTLY SERVING; TO PROVIDE FOR FILING DATES; AND TO PROVIDE THAT STATEMENTS OF CANDIDACY CURRENTLY ON FILE WITH THE COUNTY ELECTION COMMISSION FOR THE MAY 2006 ELECTION MUST BE VACATED AND A NEW FILING DATE SET FOR THE NOVEMBER 2006 ELECTION.
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(R255, H. 4738 (Word version)) -- Rep. Coleman: AN ACT TO AMEND ACT 1079 OF 1958, RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, SO AS TO INCREASE THE SIZE OF THE COMMISSION FROM FIVE MEMBERS TO SEVEN MEMBERS AND TO REVISE THE METHOD OF THEIR APPOINTMENT.
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MOTION ADOPTED

On motion of Senators SETZLER, KNOTTS, CROMER, JACKSON, COURSON and LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Angelo Tsiantis of Columbia, S.C., who passed away at age 75 on March 7, 2006. Mr. Tsiantis, affectionately known as "Mr. A" by his friends, customers and workers, was the patriarch of Columbia's Zesto restaurants. He was a valuable, contributing member of his community and to the Holy Trinity Greek Orthodox Church and will be greatly missed.


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ADJOURNMENT

At 1:06 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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