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, we join with the Roman Catholic Church in our prayers rejoicing with them in the election of their new Pope, Pope Benedictus XVI, and pray for all people of faith that we should, all individually, and united, where possible, hear and declare and call to and practice the ancient words, recorded in Matthew 22:37:

"You shall love the Lord, your God, with all your heart, with all your soul, and with all your mind. This is the first and great commandment. And the second is like it: You shall love your neighbor as yourself."

Let us pray.

Father, we pray for the Roman Catholic Church and Pope Benedictus XVI and ask your blessings upon him as he embarks on his new journey.
Amen!

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

On motion of Senator J. VERNE SMITH, at 11:05 A.M., Senator LEATHERMAN was granted a leave of absence for the balance of the week.

On motion of Senator MOORE, at 11:05 A.M., Senator MATTHEWS was granted a leave of absence for today.

At 11:50 A.M., Senator CLEARY requested a leave of absence beginning at 6:00 P.M. today and lasting until 6:00 A.M. on Tuesday.

S. 47 (Word version) -- Senators Cromer, Elliott, Fair and Ford: A BILL TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

On motion of Senator RITCHIE, with unanimous consent, the name of Senator RITCHIE was added as a co-sponsor of S. 47.

The following were introduced:

S. 773 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE GOAL OF THE GENERAL ASSEMBLY THAT ALL SOUTH CAROLINIANS AND AMERICANS SHOULD HAVE HEALTH INSURANCE COVERAGE AND TO DECLARE THE WEEK OF MAY 1-7, 2005, AS "COVER THE UNINSURED WEEK" IN SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the Committee on Banking and Insurance.

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

S. 775 (Word version) -- Senators Thomas, Bryant, Knotts, Hawkins, Courson, O'Dell and McConnell: A BILL TO LIMIT THE PROPERTY TAX MILLAGE IMPOSED FOR OPERATING PURPOSES BY A POLITICAL SUBDIVISION, INCLUDING A SCHOOL DISTRICT, TO A RATE THAT DOES NOT EXCEED THE RATE IMPOSED FOR PROPERTY TAX YEAR 2005, TO REQUIRE ANNUAL PROPERTY TAX MILLAGE IMPOSED FOR OPERATING PURPOSES TO BE ADJUSTED BY AN AMOUNT SUFFICIENT TO LIMIT ANNUAL INCREASES IN PROPERTY TAX REVENUE FOR OPERATING PURPOSES, INCLUDING REIMBURSEMENTS, TO NO MORE THAN ONE PERCENT, AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL CUMULATIVE STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO ONE-HALF PERCENT EFFECTIVE JULY 1, 2006, AND JULY 1, 2008, AND PROVIDE THAT THE REVENUE OF THESE TAXES MUST BE DISTRIBUTED TO POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
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Senator THOMAS spoke on the Bill.

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

S. 776 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A PROPERTY TAX EXEMPTION FOR A MOTOR VEHICLE LICENSED AND REGISTERED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ANTIQUE MOTOR VEHICLE.
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Read the first time and referred to the Committee on Finance.

S. 777 (Word version) -- Senators McConnell, Martin and Ford: A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE WORKERS' COMPENSATION, SO AS TO PROHIBIT AN ATTORNEY FROM SUBMITTING AND A COMMISSIONER FROM APPROVING AN ADMINISTRATIVE FEE, OVERHEAD FEE, OR OTHER SIMILAR FEE AND A FEE FOR MORE THAN THE ACTUAL COST FOR POSTAGE, TELEPHONE, OR FACSIMILE TRANSACTIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 778 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Judiciary.

On motion of Sen. McCONNELL with unanimous consent, the Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar without reference.

S. 779 (Word version) -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-70 SO AS TO EXEMPT FEDERALLY QUALIFIED HEALTH CENTERS FROM CERTAIN PHARMACY PERMIT AND REGULATORY REQUIREMENTS AND TO PROVIDE THAT FEDERALLY QUALIFIED HEALTH CENTERS MUST BE RECOGNIZED AS A COVERED ENTITY UNDER CERTAIN PROVISIONS OF THE PHARMACY PRACTICE ACT SO THAT A LICENSED PRACTITIONER MAY DISPENSE DRUGS OR DEVICES THAT ARE THE LAWFUL PROPERTY OF THE PRACTITIONER OR THE CORPORATION.
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Read the first time and referred to the Committee on Medical Affairs.

S. 780 (Word version) -- Senators Moore, Sheheen, Anderson, Drummond, Elliott, Ford, Hutto, Land, Lourie, Malloy, Matthews, Patterson, Pinckney, Setzler, Short, Williams and Martin: A CONCURRENT RESOLUTION TO URGE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, TO TAKE SWIFT AND APPROPRIATE ACTION ON VITAL TRADE MATTERS THAT INFLUENCE THE NATION'S AND THE STATE OF SOUTH CAROLINA'S ABILITY TO COMPETE AND GROW ECONOMICALLY.
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Senator SHEHEEN spoke on the Resolution.

On motion of Senator SHEHEEN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 781 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MICHAEL J. MUNGO OF LEXINGTON COUNTY FOR RECEIVING THE INDIAN WATERS COUNCIL OF THE BOY SCOUTS OF AMERICA, 2005 DISTINGUISHED CITIZEN AWARD, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

H. 3039 (Word version) -- Reps. Sinclair and Whipper: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.

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

H. 3156 (Word version) -- Reps. Harrell, Leach, Bailey, Scarborough and Clark: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, SO AS TO PROVIDE FOR THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT UP TO FIVE MILLION DOLLARS ONLY UPON RESOLUTION OF APPROVAL BY THE STATE BUDGET AND CONTROL BOARD, AND NOT PURSUANT TO OTHER APPROVAL PROCEDURES.

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

H. 3243 (Word version) -- Rep. Talley: A BILL TO ENACT THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2005" INCLUDING PROVISIONS TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE DISTRIBUTION OR PURCHASE FOR A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE OR IS NOT BELIEVED TO BE OVER TWENTY-SEVEN YEARS OF AGE, TO PROVIDE THAT A RETAIL DISTRIBUTOR OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS CONTAINED IN THIS SECTION, TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR PRESENT OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN TO POSSESS A TOBACCO PRODUCT, TO PROVIDE THE CONDITIONS IN WHICH TOBACCO PRODUCTS MAY BE DISTRIBUTED IN VENDING MACHINES, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, AND TO DEFINE THE TERM "PERSON"; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND THE IMPLEMENTATION OF PROVISIONS THAT REGULATE THE SALE AND USE OF TOBACCO PRODUCTS BY LOCAL GOVERNMENTS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO PROVISIONS REGULATING SUPPLYING TOBACCO PRODUCTS TO MINORS; AND TO REVISE THE DEFINITION OF THE TERM "PROOF OF AGE".

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

H. 3297 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, INCLUDING PRESCRIPTION MEDICATIONS, SO AS TO ALSO INCLUDE IN THIS EXEMPTION, PRESCRIPTIONS FOR THE TREATMENT OF RHEUMATOID ARTHRITIS.

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

H. 3472 (Word version) -- Reps. Neilson, J. Hines and Lucas: A BILL TO PROVIDE THAT EACH MEMBER OF THE DARLINGTON COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM DARLINGTON COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE DARLINGTON COUNTY TRANSPORTATION COMMITTEE.

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

H. 3490 (Word version) -- Reps. Duncan, Cato, Bowers and M. A. Pitts: A BILL TO AMEND SECTION 34-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF LICENSURE REQUIREMENTS FOR A CHECK-CASHING SERVICE, SO AS TO EXEMPT A PERSON WHO, INCIDENTALLY TO OR INDEPENDENTLY OF THE OPERATION OF A BONA FIDE RETAIL BUSINESS, FROM TIME TO TIME CASHES A CHECK, DRAFT, OR MONEY ORDER, SO AS TO PROVIDE THAT THE FEE CHARGED MUST NOT EXCEED THE STATUTORY FEE SCHEDULE.

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

H. 3580 (Word version) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks, Phillips, Rhoad, Rice, Simrill, D. C. Smith, G. R. Smith, J. E. Smith, Taylor, Townsend, Umphlett, Witherspoon, Talley and McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR MEMBERS OF THE STATE GUARD AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.

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

H. 3741 (Word version) -- Reps. Ballentine, Wilkins, Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman, Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott, Vick, McGee, Anderson, Hardwick, Frye, W. D. Smith, Leach, J. H. Neal, G. R. Smith, Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield, Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan, Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, J. E. Smith, Talley, Thompson, Toole, Townsend, White, Umphlett, Allen, Simrill and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

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

H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-6-3570, AS AMENDED, RELATING TO TAX CREDITS FOR A MOTION PICTURE PRODUCTION COMPANY, SO AS TO CORRECT A CROSS REFERENCE; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO PROVIDE THAT THE COUNTY DESIGNATION IS EFFECTIVE AS OF THE DATE THE APPLICATION FOR CREDITS IS RECEIVED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON THE UNDERPAYMENT OF ESTIMATED TAX, SO AS TO INCLUDE SMALL AMOUNT PROVISIONS; TO AMEND SECTION 12-54-70, RELATING TO THE EXTENSION OF TIME FOR FILING TAX RETURNS, SO AS TO CLARIFY A CROSS REFERENCE; TO AMEND SECTION 12-54-110, AS AMENDED, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A PERSON, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE HOLD A CONTEMPT HEARING ON FAILURE TO COMPLY WITH A SUMMONS; AND TO AMEND SECTION 12-60-90, AS AMENDED, RELATING TO SANCTIONS AGAINST A PERSON AUTHORIZED TO REPRESENT A TAXPAYER ADMINISTRATIVELY, SO AS TO INCLUDE A MONETARY PENALTY AND MAKE A CLARIFICATION.

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

H. 3794 (Word version) -- Reps. Harrell, Wilkins, Cotty, J. E. Smith, Leach, Clark, Skelton, Chellis, Davenport, Haley, Harvin, Anthony, Bales, Ballentine, Barfield, Battle, Brady, G. Brown, Cato, Coates, Cobb-Hunter, Coleman, Cooper, Delleney, Edge, Harrison, Hayes, Hinson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Lucas, Mack, McCraw, McGee, Merrill, J. M. Neal, Neilson, Ott, Perry, Rice, Simrill, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, White, Witherspoon, Young, Bailey and Hagood: A BILL TO AMEND CHAPTER 17, TITLE 13 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR THE SOUTH CAROLINA RESEARCH DIVISION AND THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AS TWO DIVISIONS OF THE AUTHORITY, TO CHANGE THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE AUTHORITY AND TO PROVIDE ITS DUTIES, TO PROVIDE FOR A BUSINESS AND SCIENCE ADVISORY BOARD TO BE APPOINTED BY THE EXECUTING COMMITTEE OF THE BOARD OF TRUSTEES, TO PROVIDE DUTIES OF THE ADVISORY BOARD, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH DIVISION SHALL OPERATE EXISTING RESEARCH PARKS IN COOPERATION WITH CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA AT COLUMBIA, TO PROVIDE THAT THE AUTHORITY MAY ESTABLISH AND OPERATE ADDITIONAL FACILITIES, TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION RELATING TO A PROSPECTIVE INDUSTRY CONSIDERING A RESEARCH PARK, TO PROVIDE THAT THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS SHALL ESTABLISH THREE RESEARCH INNOVATION CENTERS ASSOCIATED WITH THE THREE RESEARCH UNIVERSITIES, TO PROVIDE THE OBJECTIVES OF THE CENTERS, TO PROVIDE FOR RESEARCH INNOVATION CENTER DIRECTORS AND STAFF FOR EACH RESEARCH INNOVATION CENTER, TO PROVIDE FOR THE FUNDING OF THE CENTERS, TO PROVIDE FOR FINANCING OF THE COSTS ASSOCIATED WITH THE PHYSICAL SPACE FOR THE INNOVATION CENTERS, AND TO PROVIDE POWERS AND DUTIES OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS.

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

H. 3799 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM AND PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS.

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

H. 3846 (Word version) -- Rep. Harrell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR, TO PROVIDE THAT APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT ON SEPTEMBER FIRST OF THE FOLLOWING FISCAL YEAR, TO PROVIDE THAT SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE ACCRUED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED, AND TO PROVIDE THAT IF THE COMPTROLLER GENERAL DETERMINES UPON THE CLOSING OF THE STATE'S FINANCIAL BOOKS FOR A FISCAL YEAR THAT THE STATE HAS A NEGATIVE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES FUND BALANCE (GAAP FUND DEFICIT), ANY APPROPRIATIONS CONTAINED IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WHICH EXPENDS SURPLUS GENERAL FUND REVENUES OR IN A CAPITAL RESERVE FUND APPROPRIATIONS ACT TO BE EFFECTIVE DURING THE NEXT FISCAL YEAR ARE SUSPENDED AND MUST BE USED TO THE EXTENT NECESSARY TO OFFSET THE GAAP FUND DEFICIT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE.

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

H. 3940 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS; DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA: DATA RELEASE FOR MEDICAL ENCOUNTER DATA AND FINANCIAL REPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3965 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION RECOGNIZING THE TENTH ANNIVERSARY OF DR. HENRY N. TISDALE AS PRESIDENT OF CLAFLIN UNIVERSITY IN ORANGEBURG, AND CELEBRATING HIS COUNTLESS CONTRIBUTIONS TO THE UNIVERSITY, THE COMMUNITY, AND THE STATE DURING THAT "SOLID GOLD DECADE".

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

H. 3966 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE STUDENTS, FACULTY, ADMINISTRATION, AND STAFF OF INDEPENDENCE ELEMENTARY SCHOOL IN YORK COUNTY ON RECEIVING THE 2005 PALMETTO'S FINEST AWARD AND FOR STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.

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

H. 3971 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL MARCHING BAND ON CAPTURING THE 2004 SOUTH CAROLINA AAAA STATE CHAMPIONSHIP, AND HONOR THE BAND MEMBERS AND DIRECTOR OF BANDS MARTIN DICKEY FOR THEIR HARD WORK AND DEDICATION.

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

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 672 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS ON CERTAIN SALTWATER FISH, SO AS TO AUTHORIZE THE BOARD OF NATURAL RESOURCES TO ESTABLISH TAKE AND POSSESSION LIMITS AND SIZE LIMITS FOR ELEVEN SPECIFIC TYPES OR GROUPS OF SALTWATER FINFISH, TO PROVIDE FOR THE REVIEW, APPROVAL, NOTIFICATION, AND IMPLEMENTATION PROCEDURES IN REGARD TO THE ABOVE, TO PROVIDE THAT THESE PROCEDURES ARE IN LIEU OF THOSE FOR PROMULGATION OF REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND TO PROVIDE THAT THIS AUTHORITY IS GRANTED TO THE BOARD FOR A PERIOD OF FIVE YEARS ONLY; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS ON CERTAIN SALTWATER FISH, SO AS TO REVISE THE GAME FISH DESIGNATION FOR SALTWATER GAME FISH, TO PROVIDE FOR THE MANNER IN WHICH TAKE, POSSESSION, AND SIZE LIMITS APPLY TO CERTAIN SALTWATER GAME FISH AND NONGAME FISH, TO REVISE TAKE AND POSSESSION LIMITS FOR TARPON AND TAKE PERIODS FOR SPOTTED SEA TROUT AND RED DRUM, TO DELETE CERTAIN SEA BASS REQUIREMENTS, AND TO PROVIDE FOR PROCEDURAL AND IMPLEMENTATION PROVISIONS IN REGARD TO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON ACTIVE DUTY AT ANYTIME DURING THE PERIOD OF FEBRUARY 28, 1961, TO MAY 7, 1975, MAY BE ISSUED THIS SPECIAL LICENSE PLATE.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO REPEAL SECTION 56-2-2740, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR "DRIVER", AND "PERSON"; TO ADD SECTION 56-5-820 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A LOW SPEED VEHICLE IN VIOLATION OF THE PROVISIONS THAT REGULATE THE OPERATION OF THESE VEHICLES, AND TO PROVIDE A PENALTY; AND TO ADD SECTION 56-1-405 SO AS TO RECODIFY THE PROVISION THAT RELATES TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 765 (Word version) -- Senator Gregory: A BILL TO REPEAL SECTION 47-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSAL OR REMOVAL OF FERAL DOGS FROM CERTAIN PROPERTY; SECTION 47-3-320, RELATING TO TRAINING OF CONSERVATION OFFICERS TO REMOVE DOGS; SECTION 47-3-510, RELATING TO THE AUTHORITY OF AN OWNER OF A HUNTING DOG TO REGISTER THE DOG WITH THE DEPARTMENT OF NATURAL RESOURCES; SECTION 50-1-20, RELATING TO DEFINITION OF HUNTERS AND HUNTING; SECTION 50-3-360, RELATING TO EMPLOYMENT OF DEPUTY OFFICERS IN GAME ZONE 2; SECTION 50-3-396, RELATING TO THE USE OF AN OFFICIAL SUMMONS FOR LITTERING VIOLATIONS; SECTION 50-5-2517, RELATING TO PROHIBITED ACTS IN CONNECTION WITH A DOLPHIN OR PORPOISE; SECTION 50-11-30, RELATING TO EXTENSION OF HUNTING SEASONS OPENING OR CLOSING ON SUNDAY; SECTION 50-11-1070, RELATING TO AUTHORITY TO KILL BOBCATS WITHOUT A LICENSE; SECTION 50-13-60, RELATING TO THE DEPARTMENT'S AUTHORITY TO DECLARE A CLOSED SEASON ON FISH IN STREAMS ON RECOMMENDATION OF COUNTY LEGISLATIVE DELEGATIONS; SECTION 50-13-70, RELATING TO NOTICE OF A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-80, RELATING TO CONDUCT WHICH IS PRIMA FACIE EVIDENCE OF VIOLATING A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-120, RELATING TO NO SIZE LIMIT ON FRESH-WATER GAME FISH OR COLD-WATER TROUT; SECTION 50-13-350, RELATING TO UNLAWFUL FISHING OR TRESPASSING IN PRIVATE ARTIFICIAL PONDS USED TO BREED FISH OR OYSTERS; SECTION 50-13-980, RELATING TO PRESUMPTIONS FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; SECTION 50-13-1760, RELATING TO SALE OF WHITE PERCH AND INVOICES REQUIRED FOR IMPORTED FISH; SECTIONS 50-19-750, 50-19-760, 50-19-960, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1510, 50-19-2310, ALL RELATING TO SPECIAL HUNTING AND FISHING PROVISIONS; SECTION 50-21-60, RELATING TO CERTAIN PERSONNEL, EXPENSES, AND SALARIES OF THE DEPARTMENT OF NATURAL RESOURCES REQUIRED TO BE APPROVED BY THE BUDGET AND CONTROL BOARD; AND SECTION 58-1-65, RELATING TO PUBLIC WATER IMPROVEMENT.

Ordered for consideration tomorrow.

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

H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3299 (Word version) -- Rep. Ceips: A BILL TO AMEND CHAPTER 23, TITLE 57 OF THE 1976 CODE OF LAWS, BY ADDING ARTICLE 4 SO AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

H. 3497 (Word version) -- Reps. Witherspoon, Barfield, Clemmons, Hardwick and Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE WHITE OAK SWAMP ALONG STATE ROAD 97 IN HORRY COUNTY THE "M. A. ARTIST MCCRACKEN BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "M. A. ARTIST MCCRACKEN BRIDGE."

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3782 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER.

Ordered for consideration tomorrow.

S. 768 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND COLUMBIA COLLEGE ON 150 YEARS OF PROVIDING EXCEPTIONAL EDUCATIONAL AND LEADERSHIP OPPORTUNITIES FOR WOMEN AND TO WISH THE COLLEGE MUCH SUCCESS AS IT CONTINUES TO PROVIDE A QUALITY EDUCATION FOR MANY GENERATIONS TO COME.

Returned with concurrence.

Received as information.

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

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3682 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE, TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT RECORD OF AN EMPLOYMENT UNIT IN A BUSINESS ACQUISITION OR REORGANIZATION WITH CONTINUITY OF CONTROL FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO REQUIRE A VIOLATION TO BE KNOWING RATHER THAN WILFUL AND TO DEFINE "KNOWINGLY" AND "KNOWING" AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO ESTABLISH PROCEDURES TO IDENTIFY THE TRANSFER OF A BUSINESS, TO AMEND SECTION 41-35-120, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES, TO PROVIDE THE REQUIREMENTS FOR DRUG TESTING AND TO ALLOW INFORMATION RECEIVED BY AN EMPLOYER IN A DRUG-TESTING PROGRAM TO BE RECEIVED IN EVIDENCE IN A PROCEEDING DETERMINING ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION, AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT BE CHARGED TO THE ACCOUNT OF A CONTRIBUTING EMPLOYER.

H. 3257 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-15-15 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES.

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

S. 764 (Word version) -- Senator Short: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.

By prior motion of Senator SHORT

S. 660 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 40-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR ARCHITECTS, SO AS TO DELETE PROVISIONS PROVIDING PARTIAL CREDIT TO APPLICANTS FOR THOSE EXAMINATION SUBJECT AREAS PASSED.

S. 57 (Word version) -- Senators Sheheen, Elliott and Ford: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS.

S. 597 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, RELATING TO THE TRANSFER AND SURRENDER OF MOTOR VEHICLE CERTIFICATES OF TITLE, LICENSE PLATES, REGISTRATION CARDS, AND MANUFACTURERS' SERIAL PLATES OF VEHICLES SOLD AS SALVAGE, ABANDONED, SCRAPPED, OR DESTROYED, SO AS TO MAKE A TECHNICAL CHANGE, TO DELETE THE TERM "SALVAGED" AND REPLACE IT WITH THE TERM "TOTAL LOSS CLAIM", TO PROVIDE THAT THE PERCENTAGE OF THE TOTAL LOSS CLAIM MUST BE RECORDED ON THE TITLE NEXT TO THE BRAND OF "TOTAL LOSS CLAIM", AND TO DELETE THE PROVISION THAT A "VEHICLE DECLARED TO BE A TOTAL LOSS" IS SYNONYMOUS TO A "WRECKED VEHICLE" AND A "SALVAGE VEHICLE".

S. 607 (Word version) -- Senators Lourie, J. Verne Smith, Anderson, Hayes, Land, Malloy, Ford, Elliott, Richardson, Matthews, Patterson, Grooms, McConnell, Short, Williams, Cleary, Leventis, Martin, Hutto, Scott, Thomas and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 37 SO AS TO PROVIDE FOR THE LICENSING AND REGULATION OF CONSUMER CREDIT COUNSELING IN THIS STATE BY THE DEPARTMENT OF CONSUMER AFFAIRS INCLUDING DEFINITIONS, LICENSING REQUIREMENTS, A WRITTEN CONTRACT, A THOROUGH BUDGET ANALYSIS, A TRUST ACCOUNT WITH AT LEAST QUARTERLY ACCOUNTINGS TO THE CONSUMER, A SURETY BOND, A 000LIMITATION ON FEES, REPORTS TO THE DEPARTMENT, A LIST OF PROHIBITED ACTIVITIES, CIVIL AND CRIMINAL PENALTIES FOR A VIOLATION, AND MAKING A VIOLATION AN UNFAIR TRADE PRACTICE SUBJECT TO THE UNFAIR TRADE PRACTICES ACT.

S. 161 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 61-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT, IN ADDITION TO EXISTING PENALTIES, A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, NO PART OF WHICH MAY BE SUSPENDED BY THE COURT.

On motion of Senator ELLIOTT, with unanimous consent, the Bill was taken up for immediate consideration.

At 11:48 A.M., Senator MARTIN assumed the Chair.

The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 466 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.

S. 654 (Word version) -- Senators Campsen, Peeler, Drummond, O'Dell, Knotts, Verdin, McGill, Cromer, Bryant, Mescher, Hawkins, Scott, Elliott and Fair: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION THAT A PERSON MUST COMPLETE WHEN HE PURCHASES A PISTOL AND CERTAIN RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO COMPLETE THE APPLICATION, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, CONDITIONS PLACED ON, AND FORFEITURE OF A FIREARMS RETAIL DEALER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A RECORD TO BE MADE OF EVERY PISTOL SOLD ON A FIREARM TRANSACTION RECORD FORM, TO DELETE THE PROVISION THAT REQUIRES A DEALER TO MAKE AVAILABLE FOR INSPECTION BY THE STATE LAW ENFORCEMENT DIVISION ALL RECORDS HE IS REQUIRED TO MAINTAIN, AND TO DELETE THE PROVISION THAT PENALIZES A LICENSED DEALER FOR GIVING FALSE INFORMATION ON AN APPLICATION FOR PURCHASE OR TRANSFER OF A FIREARM.

Senator FORD asked unanimous consent to remove his name from the minority report on the Bill.

There was no objection and the minority report was removed.

At 12:10 P.M., the PRESIDENT assumed the Chair.

S. 138 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.

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

Senators CAMPSEN and KNOTTS proposed the following amendment (138R003.GEC), which was adopted:

Amend the committee amendment, as and if amended, page [138-1] by striking lines 29 through 34 and inserting:

/   Section 56-3-1425.   An owner of an ATV may make application to the Department of Natural Resources for a title for the vehicle accompanied by the required fee and upon the appropriate form prescribed and furnished by the department. The application must be accompanied by a manufacturer's certificate of origin or previous title properly assigned to the applicant.     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

Senator RICHARDSON spoke on the Bill.

The Committee on Transportation proposed the following amendment (138R002.WGR), which was adopted:

Amend the bill, as and if amended, page 1 by striking lines 24 through 28 and inserting:

/   Section 56-3-1420.   As used in this article 'all-terrain vehicle' or 'ATV' means a motorized vehicle designed primarily for recreational non-highway travel and traveling on three or more low-pressure tires./

Amend the bill further, as and if amended, Page 1 by striking lines 30 through 35 and inserting:

/   Section 56-3-1425.   An owner of an ATV must make application to the Department of Natural Resources for a title for the vehicle accompanied by the required fee and upon the appropriate form prescribed and furnished by the department. The application must be accompanied by a manufacturer's certificate of origin or previous title properly assigned to the applicant.     /

Amend the bill further, as and if amended, Page 2 by striking line 12 and inserting:

/     Section 50-26-10. An ATV is exempt from city and county /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 353 (Word version) -- Senator McConnell: A BILL 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 CHARLESTON AND GEORGETOWN AND PROVIDE THAT THESE ARE THE ONLY COMMISSIONERS OF PILOTAGE IN THIS STATE, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS ARE LICENSED, TRAINED, AND REGULATED.

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

The Committee on Transportation proposed the following amendment (GJK\20417SD05), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION   1.   Chapter 15, Title 54 of the 1976 Code, as last amended by Act 9 of 1995, is amended to read:

Section 54-15-10.   The commissioners of pilotage for the ports of Georgetown, Little River in Horry County, and Port Royal must be appointed by the Governor, upon the recommendation of a majority of the legislative delegation of the county in which the port is located, and shall serve for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term.

Beginning February 1, 1995, at the expiration of the terms of the members of the Georgetown Pilotage Commission, the terms of the commissioners appointed initially thereafter shall be staggered, two shall serve for three years, two shall serve for two years, and two shall serve for one year. Provided, however, that at the expiration of these terms, commissioners shall be appointed to two-year terms.

In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.

Subject to Section 8501 of Title 46 of the United States Code, the South Carolina Commissioners of Pilotage for the Upper Coastal Area shall have jurisdiction over and shall regulate pilotage for the bars and harbors of South Carolina beginning at Little River, which is a boundary between South Carolina and North Carolina, to Cape Romain; the South Carolina Commissioners of Pilotage for the Lower Coastal Areas shall have jurisdiction over and shall regulate pilotage from Cape Romain to the South Carolina side of the Savannah River, which is a boundary between South Carolina and Georgia. Any bars, harbors, or ports that lie on or within these boundaries shall be subject to the aforementioned regulatory jurisdiction, but in consideration of the physical exigencies of each port, the commissioners having jurisdiction shall promulgate separate regulations for such respective ports.

Section 54-15-20.   The commissioners of pilotage of Little River consist of three persons, two of whom are or have been seafaring men and one of whom is a full branch pilot of the port of Little River.

The commissioners of pilotage of Georgetown consist of six persons appointed as provided by Section 54-15-10, two of whom are or have been seafaring men.   The director of the port of Georgetown is a member ex officio.

The commissioners of pilotage of Port Royal consist of five persons. They have jurisdiction over St. Helena, Port Royal, Calibogue Sound, and the South Carolina side of the Savannah River.

The South Carolina Commissioners of Pilotage for the Upper Coastal Area must be appointed by the Governor, upon the recommendation of a majority of the Legislative Delegation of Georgetown County and shall serve for three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term.

The South Carolina Commissioners of Pilotage for Upper Coastal Area shall consist of six persons appointed as provided by this chapter, one of whom is the Chairman of the South Carolina State Ports Authority or a board member designated by the chairman, ex officio, one of whom is the president of the International Longshoremen's Association Local or his designee, ex officio, one of whom is a pilot licensed for the Port of Georgetown under Section 54-15-90, appointed by the Governor upon the recommendation of the licensed pilots, the remaining three members are appointed by the Governor upon the recommendation of the Georgetown County Legislative Delegation from lists of nominations for the offices submitted to the delegation from the Chamber of Commerce and the Propeller Club of the Port of Georgetown. The terms of office of the commissioners are for three years and until their successors are appointed except of the members first appointed, one shall serve for one year, one shall serve for two years, and one shall serve for three years. The member representative of the pilots licensed under Section 54-15-90 shall serve a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment to fill the unexpired term. The above appointments must be made as each term of the present commissioners expires.

Section 54-15-30.   The board of South Carolina Commissioners of Pilotage for the port of Georgetown Upper Coastal Area shall, from time to time, elect annually from among its body a chairman and a secretary. Such The officers shall serve until their successors have been duly elected by the board of commissioners of pilotage. But no branch or licensed pilot for the port of Georgetown shall be elected or serve as chairman of such board.

Section 54-15-40.   There is created the South Carolina Commissioners of Pilotage for the Port of Charleston Lower Coastal Area composed of six eight members, one of whom is the Chairman of the South Carolina State Ports Authority, ex officio, or a board member designated by the chairman, one of whom is the President of the International Longshoremen's Association Local 1422 or his designee, ex officio, and one of whom is a pilot licensed for the port of Charleston under Sections 54-15-90, 54-15-120, and 54-15-130, and one of whom is recommended by the Beaufort County Legislative Delegation from its maritime community and one by the Jasper County Legislative Delegation from its maritime community to be appointed by the Governor. The remaining members are appointed by the Governor upon the recommendation of the Charleston County Legislative Delegation from lists of nominations for the offices submitted to the delegation by the Greater Charleston Chamber of Commerce, the Maritime Association of the Port of Charleston, and the Propeller Club of the Port of Charleston. The terms of office of the commissioners are for three years and until their successors are appointed and qualified, except that of the members first appointed, one shall serve for one year, one shall serve for two years, and one shall serve for three years. The member representative of the pilots licensed under Sections 54-15-120 and 54-15-130 has a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. The above appointments must be made as each term of the present commissioners expires.

Section 54-15-50.   The South Carolina Commissioners of Pilotage for the ports of Georgetown and Little River Upper Coastal Area and surrounding jurisdiction shall, from time to time, organize a board of examination for the port to which they belong, to consist of three nautical men, at least one of whom shall be a full branch pilot of the port to which they belong. Each such board shall examine all applicants as to their competency to work or manage vessels and, generally, to discharge the duties of a pilot. No license or branch shall be granted to any person unless he receives a certificate of competency signed by a majority of such examining board.

Section 54-15-60.   (A)   The South Carolina Commissioners of Pilotage for the port of Charleston Lower Coastal Area and surrounding jurisdiction shall organize a board of examiners for the port commission of three nautical men, at least one of whom must be licensed for the port under Sections 54-15-120 and 54-15-130. No one is eligible for examination by the board of examiners until he satisfactorily completes his apprenticeship for the port.

(B)   The board of examiners shall examine eligible applicants as to their competency to work or manage vessels and generally to discharge the duties of a pilot. Examinations for license are oral, written, and by demonstration and include the following requisites:

(1) rules of the road;

(2) use of a compass;

(3) set of currents;

(4) boarding of vessels in heavy weather;

(5) bearings of noted objects, numbers, shapes, and colors of buoys;

(6) use of the sextant;

(7) other matters the commissioners of pilotage for the port include in the examination.

(C)   No license or branch may be granted to a person unless he has received a certificate of his competency signed by a majority of the board of examiners.

Section 54-15-70.   The commissioners of pilotage for the port of Port Royal shall, from time to time, organize a board of examiners for the port of Port Royal, to consist of three nautical men, at least one of whom shall be a full branch pilot of the port. No one shall be eligible for examination by the board of examiners until he has satisfactorily completed his apprenticeship and has been recommended by a majority of the full branch pilots. The board of examiners shall examine all such eligible and recommended applicants as to their competency to work or manage vessels and generally to discharge the duties of a pilot. All examinations for license shall be oral and written and by demonstration and shall include among other things the following requisites: The rules of the road, the use of compass, the set of currents, the boarding of vessels in heavy weather, bearings of noted objects, numbers, shapes and colors of buoys, and such other matters as the commissioners of pilotage for the port of Port Royal shall require to be included in such examination. No license or branch shall be granted to any person unless he has received a certificate of his competency signed by the majority of the board of examiners.

Section 54-15-80.   The commissioners of pilotage for each port area shall set by regulation a fee calculated to defray the expenses of examination, licensing, and issuing any certification under Chapter 15 of Title 54.

Section 54-15-90.   Apprentices for ports other than Charleston, which are governed by Sections 54-15-100 and 54-15-120, the Upper Coastal Area must be taken by full branch pilots only with the approval of the respective boards of South Carolina Commissioners of Pilotage Upper Coastal Area and shall serve two years in Georgetown and one year in Port Royal before receiving an initial short branch license. An apprentice must be taken on board vessels of every description so that the apprentice may become completely competent to discharge required duties. After holding an initial short branch license for one year, an apprentice shall receive a second branch license, which the apprentice must hold in service for one year, at the end of which the apprentice may receive a full branch or license. The South Carolina Commissioners of Pilotage for the ports of Georgetown and Port Royal jointly Upper Coastal Area shall establish in regulation the tonnage and draft restrictions for each short branch license.

Section 54-15-100.   Apprentices for the Port of Charleston Lower Coastal Area are taken only by pilots licensed under Sections 54-15-120 and 54-15-130 for the port and must be approved and certified by the South Carolina Commissioners of Pilotage for the port Lower Coastal Area. They must not be under eighteen years of age, must be a graduate of an accredited four-year college or shall hold an unlimited ocean third mate's license, must have 20-20 visual acuity uncorrected or corrected by contact lens, must have good color vision evidenced by ability to distinguish colors by means of a test accepted by the United States Coast Guard, must have good natural hearing, and must have other physical and mental qualifications required by the South Carolina Commissioners of Pilotage for the port Lower Coastal Area. Satisfactory certificates of the requirements of this section must be filed with the South Carolina Commissioners of Pilotage for the port Lower Coastal Area before the applicant may be accepted as an apprentice.

Section 54-15-110.   The respective boards of pilot commissioners shall give to the applicants approved by them either a limited license or branch or a full license or branch, according as to the application and discovered fitness of the applicant shall be, signed by a majority of the commissioners or by its chairman, as the majority of the board may direct, requiring of each applicant, before the delivery to him of such the license or branch, to swear and subscribe the following oath, to be administered by the Chairman of the South Carolina Commissioners of Pilotage for the respective area:

'I, A B, do solemnly swear (or affirm) that I will well and faithfully, according to the best of my skill and knowledge, execute and discharge the business and duty of a licensed pilot (or apprentice, as the case may be) for the bar and harbor of Charleston (Port Royal or Georgetown routes within the area as the case may be); that I will, at all times, wind, weather, and health permitting, use my best endeavors to repair on board of all ships and vessels that I shall see and conceive to be bound for, coming into, or going out of the port or harbor of Charleston (Port Royal or Georgetown as the case may be), unless I am well assured that some other licensed pilot is then on board any such ship or vessel; and I do further swear (or affirm) that I will from time to time, and at all times, make the best dispatch in my power to convey safely over the bar of Charleston (Port Royal or Georgetown routes within the area as the case may be), every vessel committed to my care in coming in or going out of the same; that I will, from time to time and at all times, truly observe, follow and fulfill, to the best of my skill, ability, and knowledge, all such orders and directions as I shall or may receive from the commissioners of pilotage relative to all matters and things that may appertain to the duty of a pilot. So help me God.'

Any pilot previously licensed by the South Carolina Commissioners of Pilotage at Port Royal shall retain this licensure over the specific routes for which that pilot was licensed, subject to the regulations promulgated by the commissioners for that port.

Section 54-15-120.   (A)   An apprentice in the port of Charleston Lower Coastal Area shall serve three years before being eligible to take an examination for the initial short branch license. During an apprenticeship licensed pilots shall take an apprentice on board all types of vessels, so that the apprentice may become thoroughly competent for the discharge of piloting duties. An apprentice successively shall hold a:

(1)   first branch license with a tonnage restriction in service six months before being eligible to take an examination for the second branch license;

(2)   second branch license with no tonnage restriction in service six months before being eligible for the third branch license;

(3)   the third branch license in service one year before being eligible to take an examination for the fourth branch license;

(4)   fourth branch license in service one year before being eligible to take an examination for a full license or branch.

The South Carolina Commissioners of Pilotage for the port of Charleston Lower Coastal Area shall establish in regulation the tonnages and draft restrictions for each short branch license.

(B)   In determining qualifications for apprentices, the South Carolina Commissioners of Pilotage may consider previous maritime experience in the port as defined by regulation. No apprentice, however, may be granted a license until the number of pilots falls below the number set by the South Carolina Commissioners of Pilotage for the port through regulations promulgated in accordance with the Administrative Procedures Act.

(C)   If two or more apprentices are eligible to offer for examination at the same time, the seniority of securing a license must be determined by the proficiency of the respective apprentices, established at the examination.

(D)   In accordance with regulations promulgated by the South Carolina Commissioners of Pilotage for the port, apprentices for the port may be granted emergency or temporary licenses if necessary.

Section 54-15-130.   The number of pilots for the bar and harbor of Charleston may not exceed the number set by the commissioners of pilotage for the port of Charleston shall not be less than the number established by the South Carolina Commissioners of Pilotage for the Upper and Lower Coastal Areas for the specific routes through regulations promulgated in accordance with the Administrative Procedures Act. The number of pilots for the port of Port Royal is limited to twelve and for the bar and harbor of Georgetown to three, with power to the commissioners of pilotage to increase the number for the port of Port Royal to fifteen and for Georgetown to five, if in their judgment the commerce of either port requires the increase. The number of pilots for the other ports must be fixed by the commissioners of pilotage at the ports. However, the limit in number does not exclude a pilot who holds a regularly issued license. The board shall make no distinction in the selection of pilots on account of race, color, or previous condition.

Section 54-15-140.   The South Carolina Commissioners of Pilotage for the port to which they belong Upper and Lower Coastal Areas shall promulgate regulations in accordance with the Administrative Procedures Act for the administration of pilotage within that port the ports of their respective areas. The regulations must include, but are not limited to:

(1)   the selection, training, and licensure of apprentice pilots;

(2)   the licensure and registration of pilots;

(3)   license and registration fees;

(4)   safe vessel movement;

(5)   reports of marine casualties and other dangerous situations;

(6)   discipline, including investigations and the suspension and revocation of pilot licenses;

(7)   pilotage charges and fees;

(8)   geographic areas of commissioners' jurisdiction specific pilotage routes;

(9)   other matters affecting the safe and efficient administration of pilotage.

Section 54-15-150.   The South Carolina Commissioners of Pilotage for each port shall register all licensed pilots for their respective ports with such the necessary data to be shown on such the register as the commissioners may deem necessary and appropriate and keep such the register up to date, making such those changes or alterations as may take place from time to time.

Section 54-15-160.   The pilot ground of the bar of Charleston shall extend from the bar thirty miles eastward, southward, and northward. Pilot boats shall normally cruise in an area designated by the South Carolina Commissioners of Pilotage for the Lower Coastal Area.

Section 54-15-170.   All boats used in the pilotage for the port and harbor of Charleston shall be entirely and absolutely subject to the inspection, direction, and approval of the South Carolina Commissioners of Pilotage for the port of Charleston Lower Coastal Area.

Section 54-15-190.   All boats used for pilotage at Charleston, Port Royal, and Georgetown shall be used exclusively for pilotage, except that the South Carolina Commissioners of Pilotage for the port of Charleston may grant temporary permission for such those other uses as they deem appropriate. To establish their identity, all pilot boats shall fly the international code flag P by day and regulation pilot boat lights by night.

Section 54-15-210.   Except for reasons of health, satisfactory evidence of which shall be furnished to the South Carolina Commissioners of Pilotage when requested, no licensed pilot or apprentice shall discontinue to act as such nor absent himself at any time from the port and harbor to which he may belong for any period of time whatsoever without first obtaining the permission of the group of pilots with whom he is associated or some duly authorized official of that group, and no such permitted discontinuance or absence for a period of more than one month shall be valid without additionally obtaining in advance the written authorization of the South Carolina Commissioners of Pilotage. Any pilot or apprentice neglecting or refusing to comply with such this requirement as to his presence and performance of duties in the port to which he belongs, may have, respectively, his license or his apprenticeship, as the case may be, either suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances.

Section 54-15-220.   Every pilot cruising or standing out to sea shall offer his services first to the vessel nearest the bar unless specifically ordered to the contrary by the duly authorized official of the group of licensed pilots on duty at the time and except when he sees a more distant vessel in distress, in which event he shall aid such the vessel in distress, if practicable. Any pilot neglecting or refusing to comply with such this requirement as to his services may have his license suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances. But However, nothing herein contained shall extend, or be construed to extend, to vessels of the description mentioned in Section 54-15-260, all of which vessels it shall be the duty of every such pilot to avoid as much as possible, whenever they are known to or justly suspected by him as such.

Section 54-15-230.   A licensed pilot, if required by the master or commander of a vessel, shall remain on board while such the vessel is at anchor. Any pilot neglecting or refusing to comply with such a request to remain on board may have his license suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances.

Section 54-15-240.   Every master of an outward bound vessel who shall engage a pilot for an appointed time of departure shall have his vessel in readiness for sailing at such this time and every master of a vessel who shall detain a pilot beyond the time appointed so that he cannot proceed to sea although wind and weather should permit, shall pay for such this detention in accordance with the published schedule of rates and fees provided for under the provisions of Section 54-15-290.

Section 54-15-250.   If any master or commander of a vessel shall carry off any of the pilots he shall allow every such that pilot the daily rate specified under the provisions of Section 54-15-290 for each and every day during his absence and supply him with provisions and other necessaries necessities in the same manner as is usual for the maintenance and accommodation of masters of vessels. The master, as well as the owner, consignee, and security of such the vessel, shall be liable for such this sum. But However, no pilot who is carried off as aforesaid shall be entitled to any of the sums aforesaid if such the vessel shall have laid to for the space of sixteen hours after having crossed the bar and no pilot boat shall have appeared at the time to receive such the pilot on board. The master, owner, or consignee shall defray the expenses of such the pilot back to the port to which he may belong.

Section 54-15-260.   In case of war no pilot shall bring in or furnish supplies to any armed vessel belonging to an enemy at war with the United States or carry out any armed vessel to such that enemy, without being ordered to do so by the constituted authorities of the United States. And every Every pilot herein in any wise offending violating this section shall forfeit his license and be disqualified forever from acting as a pilot. And if If at any time the President of the United States or the Governor of the State shall prohibit the furnishing with supplies, or the bringing in or the carrying out of any vessel belonging to any nation or state or to a subject of any nation or state, every pilot shall comply with every such prohibition, on pain of incurring the same penalty and punishment as for like offenses in time of war.

Section 54-15-270.   All vessels entering into the pilotage area of a port for the purpose of entering such the port, except United States vessels engaged in coastwise trade having on board a pilot licensed by the United States Coast Guard for that area and United States vessels under one hundred net registered tons, are required to receive on board for entering into, departing from, or shifting within the port, an amply licensed pilot offering to board.

Section 54-15-280.   No person shall be authorized or permitted to conduct and pilot any vessel, except those excepted in Section 54-15-270, over the bar, into, out of, or within the harbor of any port, unless such the person shall be a then currently licensed pilot and no branch pilot shall be authorized to so pilot any vessel with a deeper draft of water than his branch. Any person so prohibited from pilotage who shall presume to pilot vessels in violation of such this prohibition, shall be entitled to no fee, gratuity, or reward for so doing, shall pay the regular pilotage to the group of associated licensed pilots in the port and shall be subject to a fine of five hundred dollars or imprisonment for not more than thirty days. The foregoing This prohibition shall not prevent any person from assisting any vessel in distress provided such the person shall deliver up the vessel to the first licensed pilot who shall offer to board.

Section 54-15-290.   All rates and fees for all pilotage services for each port shall be fixed by the commissioners of pilotage for such the port and the South Carolina Commissioners of Pilotage shall require the pilots to have printed and made available to all interested parties a published schedule of rates and fees.

Section 54-15-300.   The board of pilotage commissioners on the occasion of any marine disaster to any vessel in charge of a licensed pilot shall make a careful examination of the cause of such disaster, by immediately summoning before it the pilot in charge of the vessel and obtaining such testimony as may be in its power. The result of such investigation shall be placed upon record, copies of which shall be furnished, when desired, at the expense of the applicant. The marine reports of the daily papers, or private information, shall be deemed sufficient cause for such investigation by the board of commissioners.

(A)   On the occasion of any marine disaster or if the South Carolina Commissioners of Pilotage having jurisdiction has reason to believe that a pilot has violated a provision of this chapter or a regulation promulgated under this chapter or if a person files a written complaint with the commissioners having jurisdiction alleging that a pilot has become unfit to practice, the commissioners of pilotage may initiate an investigation.

(B)   In conducting the investigation, the Commissioners of Pilotage having jurisdiction may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation including, but not limited to, the existence, description, nature, custody, condition, and location of books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the South Carolina Commissioners of Pilotage having jurisdiction, the department on behalf of the commissioners may apply to the Administrative Law Court for an order requiring the person to comply.

Section 54-15-310.   The boards of commissioners of pilotage may, for any cause or charge to them satisfactorily proven, order and direct any pilot for the port to which they belong to deliver up his license or licenses and to take out a new license or licenses. But no pilot who shall satisfy them of the groundlessness of such cause or the falsity of such charge brought against him shall be required to pay an additional fee for his new license.

(A)   The results of an investigation must be presented to the South Carolina Commissioners of Pilotage having jurisdiction. The commissioners, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. The commissioners may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.

(B)   For the purpose of a disciplinary proceeding in accordance with the Administrative Procedures Act, the South Carolina Commissioners of Pilotage for the respective area may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the commissioners, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the commissioners, its hearing officer or panel, the South Carolina Commissioners of Pilotage having jurisdiction may apply to the Administrative Law Court for an order requiring the person to comply with the subpoena.

Section 54-15-320.   A majority of each of the boards of commissioners of pilotage may take away the license of a pilot for a given time or declare his license null and void, as the nature of the case may demand (a) upon charge of any dereliction of duty made and proven against him, (b) if he be found guilty of using abusive or insulting language or of threatening conduct, while on his business as a pilot or (c) if charges of intoxication or conduct unbecoming a pilot, either when on or off duty, be proved against him to the satisfaction of a majority of the commissioners. But any pilot against whom any charge shall be made shall be entitled to a hearing before the board of commissioners and to make any proper defense to such charge. Any decision by the board to suspend, revoke, or otherwise restrict the license of a pilot shall be subject to review by an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1.

(A)   Upon a determination by the South Carolina Commissioners of Pilotage for the respective area that one or more of the grounds for discipline exists, the Commissioners of Pilotage having jurisdiction may:

(1)   issue a public reprimand;

(2)   impose a fine not to exceed five hundred dollars;

(3)   place a licensee on probation or restrict or suspend the individual's license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension including, but not limited to, satisfactory completion of additional education or of a supervisory period;

(4)   revoke the license permanently or for a period specified by the South Carolina Commissioners of Pilotage for the respective area before the pilot shall be eligible to re-apply.

(B)   A decision by the commissioners of pilotage having jurisdiction to discipline a licensee as authorized under this section must be by a majority vote of the total membership of the Commissioners of Pilotage serving at the time the vote is taken.

(C)   A final order of the South Carolina Commissioners of Pilotage having jurisdiction disciplining a licensee under this section is public information.

(D)   Upon a determination by the commissioners of pilotage having jurisdiction that discipline is not appropriate, the commissioners of pilotage may issue a nondisciplinary letter of caution.

Section 54-15-330.   If any pilot has forfeited or been deprived of his license or is no longer entitled to the use thereof by virtue of any provision of this chapter, the commissioners of pilotage of the port to which he may belong may call on him for the surrender of his license. And if he shall refuse to give up such license to the commissioners of pilotage on demand, they shall give notice for one week in the public daily papers that such person has no longer a right to act as a pilot until he be reinstated by the commissioners of pilotage.

A person aggrieved by a final action of the South Carolina Commissioners of Pilotage for the respective area may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the South Carolina Commissioners of Pilotage having jurisdiction decision pending completion of the appellate process.

Section 54-15-340.   Each and every fine, forfeiture and penalty, for each and every offense under this chapter, shall be prosecuted, sued for and recovered in any court of competent jurisdiction for the use of the State. The penalties imposed in such provisions may in every case be recovered, although the board of pilotage commissioners may not think proper to deprive any licensed pilot liable thereto or in default of his license in any instance herein authorized.

(A)   In an order issued in resolution of a disciplinary proceeding before the South Carolina Commissioners of Pilotage having jurisdiction, a pilot found in violation of this chapter may be directed to pay a sum not to exceed the reasonable costs of investigation, inspection, and prosecution of the case in addition to other sanctions.

(B)   A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, is prima facie evidence of reasonable costs.

(C)   Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Title 40, Chapter 1.

(D)   The South Carolina Commissioners of Pilotage having jurisdiction may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and who enters into a formal agreement to reimburse the commissioners of pilotage within that one-year period for the unpaid costs.

(E)   All costs and fines imposed pursuant to this chapter are due and payable immediately upon imposition or at the time indicated by final order of the commissioners of pilotage. Unless the costs and fines are paid within sixty days after the order becomes final, the order becomes a judgment and may be collected in any manner provided in Title 40, Chapter 1. The South Carolina Commissioners of Pilotage may collect costs and attorney's fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid.

Section 54-15-350.   A licensed ship's pilot is not liable for damages in excess of five thousand dollars for damages or loss occasioned by the pilot's errors, omissions, fault, or neglect in the performance of pilotage services, except for wilful misconduct or reckless disregard for safety by the pilot.

Section 54-15-360.   When a pilot boards a vessel he becomes a servant of the vessel and its owner and operator. Nothing in this chapter exempts the vessel, its owner, or operator from liability for damage or loss occasioned by the ship to a person or property on the ground that (1) the ship was piloted by a pilot licensed by the State, or (2) the damage or loss was occasioned by the error, omission, fault, or neglect of a pilot licensed by the State." /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the committee amendment.

The committee amendment was adopted.

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

S. 558 (Word version) -- Senators Knotts, Cromer and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-35 SO AS TO PROVIDE A METHOD FOR REVISING THE NUMBER OF BOARD APPOINTMENTS FOR DISTRICTS HAVING IN EXCESS OF ONE THOUSAND RESIDENTIAL CUSTOMERS; AND TO REPEAL ACT 379 OF 2004 RELATING TO THE ESTABLISHMENT OF THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT IN LEXINGTON COUNTY.

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

The Committee on Judiciary proposed the following amendment (JUD0558.007), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:

/   SECTION   1.   Section 6-13-30 of the 1976 Code is amended to read:

"Section 6-13-30.   (A)   The district shall be operated and managed by a board of directors to be known as the '__________ Rural Community Water District Board of __________ County' which shall constitute the governing body of the district. The board shall consist of five resident electors of the area who shall be appointed by the Governor, upon the recommendation of a majority of the county legislative delegation. The original appointments shall be for a term of two years for two appointees, for a term of four years for two appointees, and for a term of six years for one appointee. All terms after the initial appointments shall be for six years. All appointees shall hold office until their successors shall have been appointed and qualified. Any vacancy shall be filled in like manner as the original appointment for the unexpired portion of the term.

Immediately after appointment, the board shall meet and organize by the election of one of its members as chairman, one as vice-chairman, one as secretary, and one as treasurer. The offices of the secretary and treasurer may be combined in the discretion of the board.

(B)   Notwithstanding the provisions of subsection (A), the board of a rural community water district created by this article may revise the size of the board to not less than five members nor more than ten members by the procedure set forth in this subsection. To revise the board membership, the board must hold a public hearing in the district and adopt a resolution to increase or reduce the board membership by a vote of not less than seventy-five percent of the existing board members. A resolution to increase the board must include the initial term of appointment for each seat added, not to exceed six years, and after that time the terms must be as provided for in subsection (A). A board member's seat that is eliminated because of a resolution reducing the size of the board must cease to exist upon the expiration of the term of the board member serving in the seat being eliminated."     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 578 (Word version) -- Senators Martin and Ford: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION.

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

The Committee on Judiciary proposed the following amendment (JUD0578.004), which was adopted:

Amend the bill, as and if amended, on page 1, line 35, in Section 14-7-140, as contained in SECTION 1, by striking line 35 in its entirety and inserting therein the following:

/   the county. Computer software employed for the purpose of drawing and summoning jurors must be designed so as to ensure a random selection of jurors from the population available for jury service. The physical presence of all the jury commissioners is   /

Amend the bill further, page 2, after line 2, by adding appropriately numbered new SECTIONS to read:

/   SECTION   ____.   Section 14-7-230 of the 1976 Code is amended to read:

"Section 14-7-230.   When provision is made by law or by rule of court for a child under ten years of age to draw the names of the jurors for the purpose of impaneling a jury, either a person who is totally blind or a child under the age of ten years may draw the names of the jurors whenever the court may so direct with the same force and effect as a child under ten years of age.

If a child under ten years of age or a totally blind person is not present in the courtroom, the clerk of court, with the approval of the presiding judge, may designate a responsible and impartial person to draw the names of the jurors.

The clerk of court must use one of the following methods for drawing the names of jurors for the purpose of impaneling a jury:

(1)   drawing of the names of jurors by a responsible and impartial person designated by the clerk of court, with the approval of the presiding judge; or

(2)   drawing of the names of jurors by computer, subject to the provisions of Section 14-7-140."

SECTION   ____.   Section 14-7-1060 of the 1976 Code is amended to read:

"Section 14-7-1060.   The If a computer is not used for the drawing of jurors pursuant to the provisions of Section 14-7-140, the clerk shall write or cause the names of the jurors in attendance to be written, each on a separate paper or ballot which must be white and plain, which must resemble each other as much as possible, and which must be so folded that the name written thereon is not visible on the outside. The clerk shall place each of the ballots or separate papers in a separate, small opaque capsule or container, which must be as uniform in size, shape, and color as possible at the time of original purchase or repurchase of the capsules, or containers. Whenever a jury panel of twenty is to be drawn, these capsules or containers must be placed in a small rotating drum, cylindrical in shape, having a handle at the end thereof and resting on such supports that it can be turned by means of the handle, the drum, capsules, and other equipment to be furnished by the jury commissioners and approved by the resident judge. When the containers or capsules have been placed in the drum, it must be completely closed and securely fastened and rotated by means of the handle for a sufficient length of time necessary for a complete mixing of the containers or capsules and the required number of jurors must then be drawn, one by one, by a child under ten years of age, or by a blind person in the presence of the court responsible and impartial person designated by the clerk of court, with the approval of the presiding judge. The names of the jurors so drawn must be returned to the capsules and replaced in the drum when the jurors are no longer actually engaged in service on a trial jury."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 596 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE USE OF THE UNIFORM TRAFFIC TICKET BY ALL LAW ENFORCEMENT OFFICERS, SO AS TO DELETE THE PROVISION THAT ALLOWS A LAW ENFORCEMENT AGENCY TO AUTOMATE THE ISSUANCE OF A UNIFORM TICKET IF APPROVED BY THE DEPARTMENT, AND PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY UTILIZE COMPUTERS AND OTHER ELECTRONIC DEVICES TO ISSUE UNIFORM TRAFFIC CITATIONS AND STORE INFORMATION RESULTING FROM THE ISSUANCE OF A TRAFFIC CITATION IF THIS METHOD OF ISSUING A CITATION HAS BEEN APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY; AND TO AMEND SECTION 56-7-30, AS AMENDED, RELATING TO THE PRINTING, ORDERING, AND PURCHASING OF UNIFORM TRAFFIC TICKETS, AND THE FILING OF THE VARIOUS COPIES OF THE TICKET WITH THE APPROPRIATE AGENCIES, SO AS TO PROVIDE THE PROCEDURE THAT A LAW ENFORCEMENT AGENCY THAT ISSUES UNIFORM TRAFFIC TICKETS IN AN ELECTRONIC FORMAT MUST DISTRIBUTE COPIES OF THE TICKET TO VARIOUS ENTITIES.

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

Senator SHEHEEN explained the Bill.

Senator RICHARDSON proposed the following amendment (JUD0596.001), which was adopted:

Amend the committee report, as and if amended, page [596-3], after line 13, by adding an appropriately numbered section to read:

/   SECTION ___.   Section 56-5-6310 of the 1976 Code is amended to read:

"Section 56-5-6310.   The provisions of this chapter, comprising the Uniform Act Regulating Traffic on the highways in this State, Chapters 1, 3, 5, 7, 9, and 10 of Title 56 shall be applicable to private roads if the owner, including any corporation or homeowners' association holding title to community roads and excluding those only holding easements over such roads, shall file a written consent stating that the undersigned is the owner of the private roads shown on an attached plat and consents to the application of the provisions of this chapter for purposes of highway safety on such private roads. When the road is owned by two abutting owners, both shall consent to the application of this chapter. In the event there are more than two owners of the road, the provisions of this chapter shall apply when a majority of those owners of the total front footage abutting such road shall consent thereto. The consent shall be executed with the same formalities as a deed and with the plat shall be filed with the clerk of court or register of deeds for the county in which the private road is located and with the sheriff of such county. No derivation clause shall be required. Such filing shall not constitute a dedication to the public of such roads nor shall it constitute permission by the owner for the public to use such roads. The written consent shall become effective thirty days from the date it is filed with the clerk of court or register of deeds."     /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

The amendment was adopted.

The Committee on Transportation proposed the following amendment (SWB\6495CM05), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 2 and 3 in their entirety and inserting:

/ SECTION   2.   Section 56-7-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-7-20.   For purposes of this chapter, a Each ticket shall have a unique identifying number. Each printed copy must be labeled at the bottom with the purpose of the copy. A handwritten traffic ticket shall must consist of five four copies, one of which shall must be blue and shall must be given to the vehicle operator who is the alleged traffic violator; one of which shall must be yellow and shall must be dispatched to the department Department of Motor Vehicles for its records and for audit purposes; one of which shall must be white and shall must be dispatched to the police agency of which the arresting officer is a part; and one of which shall must be green and shall must be retained by the trial officer for his records;. and one of which shall be pink and shall be dispatched by the police agency to the department for purposes of audit. Each ticket shall have a unique identifying number. An electronic traffic ticket must consist of at least one, blue printed copy that must be given to the vehicle operator who is the alleged traffic violator and as many as three additional white printed copies if needed to communicate with the Department of Motor Vehicles, the police agency, and the trial officer."

SECTION   3.   Section 56-7-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-7-30.   (A)   The department Department of Public Safety shall have the traffic tickets printed. Police Law enforcement agencies shall order tickets from the department Department of Public Safety and shall record the identifying numbers of the tickets received by them. The cost of the tickets shall must be paid by the police law enforcement agency. The audit copy and the department Department of Motor Vehicles records and audit copy shall must be forwarded to the Department of Motor Vehicles within ten days of the disposition of the case by final trial court action or by nolle prosequi. The head of each police law enforcement agency shall be is responsible for the forwarding of the driver records and audit copies to the Department of Motor Vehicles and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action or by nolle prosequi, and for forwarding the results of the inventory on a form prescribed by the department Department of Motor Vehicles to the department Department of Motor Vehicles within ten days of the completion of the inventory.

(B)   A law enforcement agency that issues uniform traffic tickets in an electronic format as provided in Section 56-7-10 may generate a printed copy of this ticket by using an in-car data terminal. A copy of the ticket must be given to the offender. The agency may then transmit the ticket data electronically to the Department of Motor Vehicles for its records and for audit purposes, the law enforcement agency by which the arresting officer is employed, and the trial officer for his records. If any of these entities does not have the capability to accept the ticket data solely using electronic means, the arresting agency must provide the entity with a printed copy of the ticket generated by the in-car data terminal. Data transmissions to the Department of Motor Vehicles must be made pursuant to that agency's electronic system specifications. Printed copies provided to the Department of Motor Vehicles must meet that agency's document processing requirements."

SECTION   4.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   5.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 659 (Word version) -- Senators Campsen, Scott, Alexander, Ryberg, J. Verne Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT.

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

The Committee on Judiciary proposed the following amendment (JUD0659.003), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Section 23-31-215(P) of the 1976 Code, as last amended by Act 274 of 2002, is further amended to read:

"(P)   A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a currently valid permit upon:

(1)   payment of a fifty-dollar fifty dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;

(2)   submission of one current full face color photograph of the applicant not smaller than one inch by one inch nor larger than three inches by five inches completion of the renewal application; and

(3)   a complete set of fingerprints or medical waiver as evidenced in a statement of medical limitation as provided in subsection (A). A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant submission of a photocopy of the applicant's valid South Carolina driver's license or South Carolina identification card."     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

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

S. 681 (Word version) -- Senators Moore, Sheheen and Ford: A BILL TO AMEND SECTION 8-13-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF CAMPAIGN FINANCE CONTRIBUTION, SO AS TO PROVIDE THAT CONTRIBUTIONS EXPENDED TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE MUST BE DISCLOSED IN THE SAME MANNER AS CONTRIBUTIONS DISCLOSED PURSUANT TO SECTION 8-13-1308(F), BUT ARE NOT SUBJECT TO THE CONTRIBUTION LIMITS OF SECTION 8-13-1322; AND TO FURTHER DEFINE "CONTRIBUTION".

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

The Committee on Judiciary proposed the following amendment (JUD0681.003), which was adopted:

Amend the bill, as and if amended, by striking lines 35-39 on page 1 and inserting therein the following:

/   or offered directly or indirectly. Contributions expended by a noncandidate committee, as defined by Section 8-13-1300(23),

to influence the outcome of an elective office, as defined by Section 8-13-1300(31)(c), which do not expressly advocate a vote for or against a candidate, but which, when taken in context, have no   /

Amend the bill further, page 2, after line 16, by adding an appropriately numbered new SECTION to read:

/   SECTION   ____.   Section 8-13-1312 of the 1976 Code is amended to read:

"Section 8-13-1312.   Except as is required for the separation of funds and expenditures under the provisions of Section 8-13-1300(7), a A candidate shall not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee shall not establish more than one checking account and one savings account unless federal or state law requires additional accounts. For purposes of this article, certificates of deposit or other interest bearing instruments are not considered separate accounts. A candidate's accounts must be established in a financial institution that conducts business within the State and in an office located within the State that conducts business with the general public. The candidate or a duly authorized officer of a committee must maintain the accounts in the name of the candidate or committee. An acronym must not be used in the case of a candidate's accounts. An acronym or abbreviation may be used in the case of a committee's accounts if the acronym or abbreviation commonly is known or clearly recognized by the general public. Except as otherwise provided under Section 8-13-1348(C), expenses paid on behalf of a candidate or committee must be drawn from the campaign account and issued on a check signed by the candidate or a duly authorized officer of a committee. All contributions received by the candidate or committee, directly or indirectly, must be deposited in the campaign account by the candidate or committee within ten days after receipt. All contributions received by an agent of a candidate or committee must be forwarded to the candidate or committee not later than five days after receipt. A contribution must not be deposited until the candidate or committee receives information regarding the name and address of the contributor. If the name and address cannot be determined within seven days after receipt, the contribution must be remitted to the Children's Trust Fund."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator SHEHEEN proposed the following amendment (JUD0681.002) which was tabled:

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

/   SECTION   1.   Section 8-13-1300(7) of the 1976 Code is amended to read:

"(7)(A)   'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge, whether any of the above are made or offered directly or indirectly.

(B)   'Contribution' does not include (a) volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source; or (b) a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a committee, other than a candidate committee, and is used to pay for communications made not more than forty-five days before the election to influence the outcome of an elective office as defined in Section 8-13-1300(31)(c). These funds must be deposited in an account separate from a campaign account as required in Section 8-13-1312."

SECTION   2.   Section 8-13-1300(31)(c) of the 1976 Code is amended to read:

"(c)   any communication made, not more than forty-five days before an election, which promotes or supports a candidate or attacks or opposes a candidate, regardless of whether the communication expressly advocates a vote for or against a candidate. For purposes of this paragraph, 'communication' means (i) any paid advertisement or purchased program time broadcast over television or radio; (ii) any paid message conveyed through telephone banks, direct mail, or electronic mail; or (iii) any paid advertisement that costs more than five thousand dollars that is conveyed through a communication medium other than those set forth in subsections subitems (i) or (ii) of this paragraph subsection. 'Communication' does not include news, commentary, or editorial programming or article, or communication to an organization's own members."

SECTION   3.   Section 8-13-1312 of the 1976 Code is amended to read:

"Section 8-13-1312.   Except as is required for the separation of funds and expenditures under the provisions of Section 8-13-1300(7), a A candidate shall not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee shall not establish more than one checking account and one savings account unless federal or state law requires additional accounts. For purposes of this article, certificates of deposit or other interest bearing instruments are not considered separate accounts. A candidate's accounts must be established in a financial institution that conducts business within the State and in an office located within the State that conducts business with the general public. The candidate or a duly authorized officer of a committee must maintain the accounts in the name of the candidate or committee. An acronym must not be used in the case of a candidate's accounts. An acronym or abbreviation may be used in the case of a committee's accounts if the acronym or abbreviation commonly is known or clearly recognized by the general public. Except as otherwise provided under Section 8-13-1348(C), expenses paid on behalf of a candidate or committee must be drawn from the campaign account and issued on a check signed by the candidate or a duly authorized officer of a committee. All contributions received by the candidate or committee, directly or indirectly, must be deposited in the campaign account by the candidate or committee within ten days after receipt. All contributions received by an agent of a candidate or committee must be forwarded to the candidate or committee not later than five days after receipt. A contribution must not be deposited until the candidate or committee receives information regarding the name and address of the contributor. If the name and address cannot be determined within seven days after receipt, the contribution must be remitted to the Children's Trust Fund."

SECTION   4.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

Senator HAWKINS argued contra to the amendment.

Senator HAWKINS moved to lay the amendment on the table.

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

Alexander                 Bryant                    Cleary
Courson                   Cromer                    Fair
Gregory                   Grooms                    Hawkins
Knotts                    Leatherman *              Martin
McConnell                 Mescher                   O'Dell
Peeler                    Richardson                Ritchie
Scott                     Smith, J. Verne           Thomas
Verdin

Anderson *                Campsen                   Drummond
Elliott                   Ford                      Hutto
Jackson                   Land                      Leventis
Lourie                    Malloy                    McGill
Moore                     Reese                     Setzler
Sheheen                   Short                     Williams

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

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

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.

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

Senator MARTIN raised a Point of Order under Rule 39 that the Joint 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.

S. 297 (Word version) -- Senators Gregory and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IS AUTHORIZED TO PRESCRIBE THE FORM OF ANY LICENSE, STAMP, PERMIT, OR TAGS ISSUED UNDER TITLE 50 AND IS AUTHORIZED TO PROVIDE FOR THEIR ELECTRONIC SALE AND DISTRIBUTION, TO ALSO AUTHORIZE THE DEPARTMENT FOR A FIVE-YEAR PERIOD TO COLLECT A ONE-DOLLAR SURCHARGE ON ANY LICENSE, STAMP, PERMIT, OR TAG ISSUED, AND TO PROVIDE FOR THE MANNER IN WHICH THIS SURCHARGE SHALL BE USED; AND TO AMEND SECTION 50-9-530, AS AMENDED, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT THE FORM OF THE STAMP MUST BE AS PRESCRIBED BY THE DEPARTMENT; AND TO PROVIDE THAT ANY PICTORIAL STAMP MUST BE VALIDATED BY THE SIGNATURE OF THE LICENSEE WRITTEN ACROSS THE FACE OF THE STAMP.

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

There was no objection.

Senator KNOTTS asked unanimous consent to make a motion that the Point of Order raised on S. 297 on Tuesday, March 19, 2005, whereby the Bill was violative of Article III, Section 15 of the S. C. Constitution be withdrawn.

There was no objection and the Point of Order was withdrawn.

S. 696 (Word version) -- Senators Sheheen, Elliott, Lourie and Malloy: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE AT THE AMTRAK STATION ON U.S. HIGHWAY 1 IN FRONT OF THE AMERICAN LEGION BUILDING IN CAMDEN THE "DONALD HARRY HOLLAND BRIDGE" IN HONOR OF THE LATE SENATOR DONALD HOLLAND OF KERSHAW.

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

On motion of Senator McCONNELL, with unanimous consent, the names of Senators McCONNELL, MOORE, THOMAS, LAND, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McGILL, MESCHER, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SCOTT, SETZLER, SHORT, J. VERNE SMITH, VERDIN and WILLIAMS were added as co-sponsors of S. 696.

H. 3295 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE WALKWAY THAT EXTENDS FROM THE E. B. MORSE ELEMENTARY SCHOOL CAMPUS TO THE JOE R. ADAIR OUTDOOR EDUCATION CENTER THE "JOE R. ADAIR MEMORIAL WALKWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS WALKWAY CONTAINING THE WORDS "JOE R. ADAIR MEMORIAL WALKWAY".

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

H. 3367 (Word version) -- Reps. Vick, Neilson, Jennings and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THOMPSON CREEK IN THE TOWN OF CHESTERFIELD ON HIGHWAY 13-243 AS THE "BUCHANAN BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "BUCHANAN BRIDGE".

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

H. 3389 (Word version) -- Reps. Ott, Cobb-Hunter, Govan and Rhoad: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 601 NORTH, FROM THE I-26 INTERCHANGE THROUGH JAMISON IN ORANGEBURG COUNTY TO THE ORANGEBURG COUNTY LINE, IN HONOR OF THE LATE F. HALL YARBOROUGH, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS "F. HALL YARBOROUGH MEMORIAL HIGHWAY".

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

H. 3486 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF DEERWOOD DRIVE FROM ITS INTERSECTION WITH CEDAR LANE TO UNITED STATES HIGHWAY 176 BY-PASS IN THE TOWN OF PACOLET "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CLARENCE PHILLIPS MCGEE MEMORIAL DRIVE".

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

H. 3787 (Word version) -- Reps. Taylor, M.A. Pitts and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 101 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 14 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 385 IN LAURENS COUNTY THE "CHARLES M. CULBERTSON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLES M. CULBERTSON MEMORIAL HIGHWAY".

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

S. 370 (Word version) -- Senator Hawkins: A BILL TO AMEND TITLE 7, CHAPTER 17 OF THE 1976 CODE, RELATING TO CERTIFICATES AND RECORDS OF RESULTS OF ELECTIONS BY ADDING SECTION 7-17-275, TO PROVIDE FOR AN AWARD FOR COSTS AND ATTORNEY FEES ASSOCIATED WITH AN ELECTION PROTEST; AND TO AMEND TITLE 7, CHAPTER 25 RELATED TO OFFENSES AGAINST THE ELECTION LAWS BY ADDING SECTION 7-25-210 TO PROVIDE FOR QUALIFIED CIVIL IMMUNITY FOR POLL WORKERS.

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

S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.

Senator FAIR spoke on the Bill.

S. 150 (Word version) -- Senators Campsen, Fair and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE TO THE PUBLIC; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT.

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

The Committee on Judiciary proposed the following amendment (JUD0150.002), which was adopted:

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

/   SECTION   1.   This act may be cited as the "Family Court Financial Privacy Act".

SECTION   2.   Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:

"Section 20-3-240.   The clerk of court shall seal the financial declarations that are made a part of the court record in any matter before the family court. The parties, their attorneys of record, the family court judge and the judge's staff, the clerk of court and the clerk's staff, and the Child Support Enforcement Division of the Department of Social Services shall be granted access to a financial declaration upon request to the clerk of court. No other person shall unseal or be granted access to a financial declaration except on order of the court upon good cause shown."

SECTION   3.   Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item to read:

"( )   Financial declarations made a part of the record in a matter before the family court, as provided for in Section 20-3-240."

SECTION   4.   This act takes effect upon approval by the Governor./     Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

On motion of Senator SETZLER, the Bill was carried over, as amended.

H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.

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

Senator KNOTTS proposed the following amendment (JUD3347.007):

Amend the bill, as and if amended, pages 5 and 6, beginning on line 41 on page 5, in Section 7-13-1620, as contained in SECTION 4, by striking lines 41 through 43 on page 5 and lines 1 through 10 on page 6 and inserting therein the following:

/     (I)(H)   If the State Election Commission determines that a voting machine system that was approved no longer meets the requirements of subsections (A) and (B) subsection (A) or Section 7-13-1640, the commission may shall decertify that machine system by issuing a written report that specifically details the requirements the system fails to meet. A decertified machine shall system must not be used in an election unless it is reapproved by the commission under subsections (A) and (B) pursuant to the requirements of subsection (A) and Section 7-13-1640.

(I)   A vendor of any voting system that has been approved by the State Election Commission shall report in writing to the director of the State Election Commission any decertification, ethical, or technical violations against the voting system in any State within ninety days after the decertification, ethical, or technical violations are issued by the other State. If the vendor does not provide evidence to the State Election Commission's satisfaction that the voting system deficiencies have been corrected to comply with the requirements of subsection (A) and Section 7-13-1640, the voting system may be decertified.

(J)   A vendor seeking the approval of a voting system by the State Election Commission shall report in writing to the director of the State Election Commission any decertification, ethical, or technical violations issued against the voting system in any State at the time the vendor seeks approval of the voting system by the State Election Commission. If the vendor does not provide evidence to the State Election Commission's satisfaction that the voting system deficiencies have been corrected to comply with the requirements of subsection (A) and Section 7-13-1640, the voting system may not be approved.   /

Renumber sections to conform.

Amend title to conform.

On motion of Senator J. VERNE SMITH, the Bill was carried over.

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

Senator McCONNELL moved that, when the Senate adjourns today, it stand adjourned to meet tomorrow at the time and subject to the limitations set forth in Rule 1B.

There was no objection and the motion was adopted.

Senator McCONNELL asked unanimous consent to make a motion that any Bills on the Uncontested Third Reading Statewide Calendar receive a third reading on Thursday, April 21, 2005.

There was no objection.

S. 499 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

Senator McCONNELL asked unanimous consent to make a motion to take up the Bill for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment P2-1 (SWB\6426CM05) proposed by Senator GROOMS and previously printed in the Journal of Tuesday, April 19, 2005.

Senator GROOMS asked unanimous consent to make a motion that the Bill be given a second reading, carrying over all amendments to third reading.

Senator McCONNELL objected.

Senator McCONNELL moved that the Bill be removed from the status of Interrupted Debate and returned to the Second Reading Calendar.

The Bill was removed from the status of Interrupted Debate and returned to the Second Reading Calendar.

On motion of Senator PINCKNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Walter Lloyd, retired educator who served in the House of Representatives from Colleton County, S.C. from 1995 to the present until a recent illness kept him away from the State House.

At 12:54 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1B.

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