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

Wednesday, March 29, 2006
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear words relevant to our day, written by St. Paul to the Romans (Chapter 13:1):

"Let every person be subject to the governing authorities. For there is no authority except from God..."

Let us pray.

Heavenly Father, we believe, with St. Paul, that You have established civil authority for the well-being of mankind.

We thank You that ordered government is a gift of God's love and not, primarily, an arbitrary creation of men and women.

Help us, O Lord, who bear the shuddering responsibility of the LAW in this place, to be aware of our calling to encourage, to enhance, and so control the exercise of government by and for our people that it is, as we shall say in our pledge to the flag, "UNDER GOD."

So, help us now, today, to guard and use our gifts of responsible leadership that our people may live in peace, with a measure of prosperity, respect for each other... and be known as the "Beloved Community." Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Statewide Appointment

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008

5th Congressional District:

Robert A. Bruce, Kanawha Insurance Co., 210 South White Street, Lancaster, S.C. 29720 VICE Duane Hanson (resigned)

Referred to the Committee on Judiciary.

Doctor of the Day

Senators SETZLER and MOORE introduced Dr. Benjamin Nicholson of Edgefield, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator GROOMS, at 2:05 P.M., Senator MESCHER was granted a leave of absence for today and tomorrow.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator GREGORY rose for an Expression of Personal Interest.

RECALLED

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

Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

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

RECALLED

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

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

There was no objection.

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

RECALLED AND ADOPTED

H. 4898 (Word version) -- Reps. Miller, Anderson, Agnew, Allen, Altman, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Mitchell, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE GEORGETOWN COUNTY COUNCIL AND THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES NAME THE SAMPIT RIVER BOAT PARK LANDING PROJECT THE "CARROLL ASHMORE CAMPBELL MARINE COMPLEX" IN HONOR OF ONE OF THE PALMETTO STATE'S MOST BELOVED LEADERS.

Senator McGILL asked unanimous consent to make a motion to recall the Resolution from the Committee on Fish, Game and Forestry.

There was no objection.

The Resolution was recalled from the committee.

Senator McGILL asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

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

On motion of Senator McGILL, the Concurrent Resolution was adopted, ordered returned to the House of Representatives.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1292 (Word version) -- Senator Williams: A SENATE RESOLUTION TO CONGRATULATE MR. WARREN WINSTON SIMMONS ON THE OCCASION OF HIS EIGHTIETH BIRTHDAY, AND TO WISH HIM MUCH HAPPINESS AND SUCCESS IN THE FUTURE.
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The Senate Resolution was adopted.

S. 1293 (Word version) -- Senators McConnell, Leatherman, Ritchie and Richardson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE PORTS AUTHORITY TO SELL ITS PARCEL OF LAND CONSISTING OF THIRTEEN HUNDRED PLUS ACRES LOCATED ON THE SOUTHERN AND WESTERN PORTIONS OF DANIEL ISLAND IN BERKELEY COUNTY AT THE HIGHEST PRICE AND UPON THE MOST FAVORABLE FINANCIAL TERMS IT CAN OBTAIN AND APPLY THE PROCEEDS TO THE CONSTRUCTION AND IMPROVEMENT OF ITS NEW TERMINAL FACILITIES LOCATED AT THE FORMER CHARLESTON NAVAL BASE IN CHARLESTON COUNTY.
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Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, the Joint Resolution was referred to the Committee on Finance.

S. 1294 (Word version) -- Senators Knotts, Setzler, Thomas, Land, Richardson, Elliott, O'Dell, Hutto, Rankin and McGill: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE SHALL ALSO MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.
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Read the first time and referred to the Committee on Judiciary.

S. 1295 (Word version) -- Senator Cromer: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16 OF THE 1976 CODE, RELATING TO MISCELLANEOUS CRIMES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-525 TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE.
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Read the first time and referred to the Committee on Judiciary.

S. 1296 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-410 THROUGH 59-53-440 AS SUBARTICLE 1 ENTITLED "GENERAL PROVISIONS" OF ARTICLE 5, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 5, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE CREATION OF THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY AND TO PROVIDE FOR ITS POWERS AND DUTIES; AND BY ADDING SECTION 59-53-425 SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE TRIDENT TECHNICAL COLLEGE AREA COMMISSION FOR PURPOSES OF THE FURTHER DEVELOPMENT OF THE MAIN CAMPUS AND TO DEFINE CERTAIN TERMS.
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Read the first time and referred to the Committee on Education.

S. 1297 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE, RELATING TO OFFER OF JUDGMENT, AUTHORIZED PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
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Read the first time and ordered placed on the Calendar without reference.

S. 1298 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF APPELLATE PROCEDURE, RELATING TO COURT-ANNEXED ALTERNATIVE DISPUTE RESOLUTION RULES, AUTHORIZED PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
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Read the first time and ordered placed on the Calendar without reference.

S. 1299 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND J. L. MANN HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING THE STATE CLASS AAA CHAMPIONSHIP AND TO WISH THE J. L. MANN GIRLS MUCH CONTINUED SUCCESS IN THE FUTURE.
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The Concurrent Resolution was adopted, ordered sent to the House.

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator ALEXANDER from the Committee on Invitations has polled out the following invitations with a favorable report on:

Poll of the Invitations Committee
Polled 11; Ayes 11, Nays 0; Not Voting 0

AYES

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

Total--11

NAYS

Total--0

Tuesday, April 4, 2006 - 6:00-8:00 PM
Members of the Senate and Staff, Reception, Clarion Town House, by All Industry Council

Tuesday, April 4, 2006 - 7:00-9:00 PM
Members of the Senate and Staff, Reception, Capitol City Club, by SC World Trade Center

Wednesday, April 5, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC Aviation Association

Wednesday, April 5, 2006 - 11:00 AM - 2:00 PM
Members of the Senate, spouses, and staff, Lunch, State House Grounds, by SC Agriculture/ "A South Carolina Taste"

Wednesday, April 5, 2006 - 6:00-8:00 PM
Members of the Senate, Reception, Clarion Town House, by SC Petroleum Marketers

Thursday, April 6, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC Tobacco Collaborative

Tuesday, April 11, 2006 - 6:00-7:30 PM
Members of the Senate, "Washington Night", at the Marriott by SC Chamber of Commerce

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

S. 510 (Word version) -- Senator Leatherman: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT OF 2005, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-110 SO AS TO PROVIDE THAT MEDICAID RECIPIENTS ARE DEEMED TO HAVE CONSENTED TO GENERIC PRESCRIPTION DRUG SUBSTITUTIONS; BY ADDING SECTIONS 44-6-115, 44-6-118, 44-6-121, AND 44-6-124 SO AS TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; BY ADDING SECTION 17-3-340 SO AS TO ALLOW THE COMMISSION ON INDIGENT DEFENSE TO CARRY FORWARD UNPAID OBLIGATIONS AND PAY THEM FROM FUNDS APPROPRIATED FOR THE SUCCEEDING FISCAL YEAR; BY ADDING SECTIONS 56-1-545 AND 56-1-550 SO AS TO PROHIBIT THE SALE OF SOCIAL SECURITY NUMBERS BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE THAT NO FEE IS DUE ON ANNUAL LICENSE PLATE VALIDATION STICKERS FOR PUBLIC LAW ENFORCEMENT VEHICLES; BY ADDING SECTIONS 24-1-295 AND 24-1-300 SO AS TO ALLOW THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO RETAIN CANTEEN OPERATION REVENUES AND, PROVIDE FOR THEIR USE, PROVIDE THAT CANTEEN OPERATIONS MUST BE TREATED AS AN ENTERPRISE FUND, AND TO PROVIDE FOR THE USE OF SOCIAL SECURITY BENEFITS OF INMATES; BY ADDING SECTION 24-21-310 SO AS TO ALLOW THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO SET A PER DAY HOUSING AND FOOD CHARGE FOR THE OPERATION OF RESTITUTION CENTERS; BY ADDING SECTIONS 20-7-6915, 20-7-6920, 20-7-6925, AND 20-7-6930 SO AS TO PROVIDE FOR THE RELEASE FOR GOOD BEHAVIOR OF A CHILD COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, TO ALLOW THIS DEPARTMENT TO PLACE JUVENILES IN MARINE AND WILDERNESS OR OTHER COMMUNITY RESIDENCE PROGRAMS OPERATED BY NONGOVERNMENTAL ENTITIES, TO PROVIDE FOR THE EDUCATION OF JUVENILES COMMITTED TO THAT DEPARTMENT WHO HAVE BEEN ENROLLED IN BUT NOT COMPLETED A GED PROGRAM, TO PROVIDE FOR PAROLE CREDIT FOR TIME SPENT BY A JUVENILE IN A SECURE PRE-DISPOSITIONAL FACILITY; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE FUNDING LEVELS FOR THE PROPERTY TAX RELIEF FUND; BY ADDING SECTIONS 27-18-195, 11-5-290, 11-5-300, AND 11-5-310 SO AS TO PROVIDE THE NOTICE REQUIREMENT FOR THE STATE TREASURER FOR UNCLAIMED PROPERTY, TO ALLOW THE STATE TREASURER TO CHARGE AN INVESTMENT FEE, TO PROVIDE FOR ELECTRONIC QUARTERLY PUBLICATION OF STATE FINANCES, AND TO ALLOW THE STATE TREASURER TO CHARGE THE ACTUAL COSTS OF ADMINISTERING AND MANAGING STATE DEBT; BY ADDING SECTION 11-11-165 SO AS TO ALLOW AGENCIES A PARTIAL CARRY FORWARD OF UNEXPENDED APPROPRIATIONS AND THE OPERATION OF THIS CARRY FORWARD; BY ADDING SECTION 12-37-2738 SO AS TO PROVIDE A ZERO BALANCE IN THE PERSONAL PROPERTY TAX RELIEF FUND AND PROVIDE THROUGH THE PROPERTY TAX RELIEF FUND FOR A SHORTFALL IN REVENUE IN A COUNTY IN WHICH IS IMPOSED THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND TO PROVIDE THAT REFERENCES TO NUMBERED PARAGRAPHS OF TEMPORARY LAWS IN THE GENERAL APPROPRIATIONS ACT ARE FOR IDENTIFICATION PURPOSES ONLY.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 1147 (Word version) -- Senators O'Dell and McGill: A BILL TO AMEND SECTION 40-79-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO SPECIFY THE NATIONAL TRAINING COURSE REQUIREMENTS TO BE LICENSED TO ENGAGE IN THE BURGLAR ALARM BUSINESS OR THE FIRE ALARM BUSINESS.

Ordered for consideration tomorrow.

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

S. 1163 (Word version) -- Senators Sheheen, Reese, Hutto and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Invitations polled out S. 1235 favorable:

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

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Invitations polled out S. 1256 favorable:

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

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

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

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

H. 4428 (Word version) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Edge, Haley, Hamilton, Harrison, Hayes, Herbkersman, Hiott, Howard, Huggins, Jefferson, Jennings, Kirsh, Leach, Limehouse, Mack, Merrill, McGee, J.H. Neal, Owens, Perry, Rice, Scarborough, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.R. Smith, G.M. Smith, J.R. Smith, Talley, Taylor, Thompson, Townsend, Vaughn, White, Witherspoon, Young, Anderson, Anthony, Battle, Funderburk, Govan, Martin, Miller, Walker, J. Brown, Clark, Branham, Bailey, Mahaffey, Scott, J.E. Smith and Viers: A BILL TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, AND PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY AUTHORIZING THE APPLICANT TO OFFER CABLE SERVICE IN THIS STATE UNDER THE PROCEDURES AND REQUIREMENTS CONTAINED IN THIS ARTICLE.

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Invitations polled out H. 4765 favorable:

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

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

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

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 29, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Ott, Rhoad and Umphlett to the Committee of Conference on the part of the House on:

S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 1281 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DIVA GIRLZ, INC., A SOUTH CAROLINA COMPANY ORGANIZED FOR THE EMPOWERMENT OF WOMEN AND ITS FOUNDER, MS. WOODEENA (DINA) CURRY, FOR ALL THEIR TRULY WONDERFUL EFFORTS IN AIDING AND ASSISTING VICTIMS OF HURRICANE KATRINA WHO HAVE RELOCATED TO SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 1282 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREENVILLE HIGH SCHOOL RED RAIDERS VARSITY BOYS BASKETBALL TEAM ON ITS IMPRESSIVE 2006 CLASS AAA STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACH, DONDI MCGOWAN, ON AN EXCEPTIONAL SEASON.

Returned with concurrence.

Received as information.

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

HOUSE BILL RETURNED

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

H. 3721 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.

THIRD READING BILLS

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

S. 572 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE.
(ABBREVIATED TITLE).

S. 217 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT.

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

S. 1263 (Word version) -- Senators Ritchie, Peeler and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-165 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE EXPEDITED REVIEW PROGRAM TO PROVIDE A VOLUNTARY EXPEDITED PROCESS FOR REVIEW OF PERMIT APPLICATIONS; TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THE PROGRAM, INCLUDING EXPEDITED PROCESS APPLICATION FEES; TO CREATE A PILOT PROGRAM TO TEST AND EVALUATE THE ECONOMIC AND ADMINISTRATIVE BENEFITS OF A STATEWIDE REVIEW PROGRAM; AND TO CREATE AN EXPEDITED REVIEW FUND THROUGH THE IMPOSITION OF THE EXPEDITED PROCESS APPLICATION FEES AND TO PROVIDE FOR THE ADMINISTRATION AND USE OF THIS FUND.

AMENDED, READ THE SECOND TIME

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment by Senator HAWKINS.

Senator HAWKINS proposed the following amendment (4585R001.JDH), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/     SECTION 2.   Article 9, Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Section 1-1-682.   Boiled peanuts are the official state snack food. Nothing in this section requires or encourages any school district in this State to serve peanuts to students, especially students with food allergies."     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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

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 (JUD1057.001), which was adopted:

Amend the bill, as and if amended, page 1, by striking line 17 and inserting:

/   NEUTRAL EVALUATION, OR OTHER FORMS OF   /

Amend the bill further, as and if amended, page 1, by striking line 34 and inserting:

/   neutral evaluation, or other forms of alternative dispute     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator RITCHIE explained the Bill.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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

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

Committee on Education proposed the following amendment (GGS\22504SJ06), which was adopted:

Amend the bill, as and if amended, Section 59-17-130 as contained in SECTION 1, page 1, by deleting the Section in its entirety and inserting:

/     "Section 59-17-130.   (A)   The board of trustees of a school district may grant credit as an elective a world language to a pupil who satisfactorily has completed a high school course in American Sign Language. The State Department of Education shall determine the required qualifications for teachers of American Sign Language and develop and recommend curriculum, standards, and a proficiency exam for the course to the State Board of Education."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES 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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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

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 (JUD1162.001), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 1-17 and inserting:

/   and manufacturer's parts and provide testament that all installations and maintenance shall be performed in complete compliance with the manufacturer's installation and maintenance manuals, with the exception of the manufacturer's training certificate, and in compliance with National Fire Protection Association standards 10, 11, 12, 13, 17, 17A, 96, 211, and 2001, as they exist as of January 1, 2006, including the use of replacement parts listed in conformity with National Fire Protection Association standards. Any violation of the affidavit is grounds for the revocation of the Class D fire equipment dealer license or the Class D fire equipment permit, or both.     /

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.

ADOPTED

H. 4718 (Word version) -- Reps. Limehouse, Umphlett, Hagood, Merrill, Jefferson, Ceips, Dantzler, Haley, Neilson, Scarborough, Hinson, Funderburk, Miller, Altman and Battle: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.

Senator GROOMS explained the Concurrent Resolution.

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

CARRIED OVER

H. 4046 (Word version) -- Reps. Townsend, Clark and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-580 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT A SCHOOL BUS REPLACEMENT CYCLE TO REPLACE APPROXIMATELY ONE-TWELFTH OF THE FLEET EACH YEAR, RESULTING IN A COMPLETE REPLACEMENT OF THE FLEET EVERY TWELVE YEARS.

Senator HAYES explained the committee amendment.

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

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

MADE SPECIAL ORDER

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

Senator MARTIN moved that the Bill be made a Special Order.

Senator LEVENTIS spoke on the motion.

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

Ayes 31; Nays 9

AYES

Alexander                 Anderson                  Bryant
Cromer                    Drummond                  Elliott
Fair                      Grooms                    Hawkins
Hutto                     Jackson                   Knotts
Leatherman                Malloy                    Martin
McConnell                 McGill                    Moore
O'Dell                    Peeler                    Pinckney
Rankin                    Reese                     Ryberg
Scott                     Setzler                   Sheheen
Short                     Thomas                    Verdin
Williams

Total--31

NAYS

Campsen                   Cleary                    Courson
Gregory                   Hayes                     Leventis
Lourie                    Patterson                 Richardson

Total--9

The Bill was made a Special Order.

S. 1205--Co-Sponsor Added

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

READ THE THIRD TIME, ENROLLED FOR RATIFICATION

H. 4429 (Word version) -- Reps. Townsend, Mitchell, Edge, J.E. Smith, Viers, Harrell, Clark, Clyburn, Littlejohn, Walker, Clemmons, Cooper, Barfield, Govan, Frye, Bailey, Huggins, Leach, Witherspoon, Anderson, Hardwick, Hiott, Rhoad, W.D. Smith, Miller, Altman, Anthony, Bales, Ballentine, Battle, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Davenport, Duncan, Hagood, Haley, Hamilton, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Howard, Jefferson, Kennedy, Limehouse, Loftis, Mahaffey, Martin, McCraw, McGee, Merrill, J.H. Neal, Ott, Perry, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, D.C. Smith, F.N. Smith, G.R. Smith, J.R. Smith, Thompson, Vick, White, Young, McLeod, Jennings, Tripp, Haskins and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-425 SO AS TO REVISE AND FURTHER PROVIDE FOR THE LENGTH OF THE SCHOOL TERM AND THE BEGINNING OF THE SCHOOL TERM, THE USE OF SCHOOL DAYS, AND PROVISIONS FOR MAKE-UP DAYS; AND TO REPEAL SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM, SECTION 59-1-430 RELATING TO MAKE-UP DAYS, AND SECTION 59-1-440 RELATING TO THE HOURS AND USE OF A SCHOOL DAY.

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

Senator LEVENTIS argued contra to the third reading of the Bill.

Objection to Motion Under Rule 26B

Senator HAWKINS asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.

Senator JACKSON objected.

Senator HAWKINS moved to waive the provisions of Rule 26B.

By a division vote of 7-24, the Senate refused to take up a further amendment for immediate consideration.

The question then was the third reading of the Bill.

The Bill was read the third time and ordered enrolled for Ratification.

Recorded Vote

Senators HAWKINS, LAND, HAYES and SHEHEEN desired to be recorded as voting against the third reading of the Bill.

COMMITTEE AMENDMENT WITHDRAWN
AMENDED, READ THE SECOND TIME

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

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

There was no objection.

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

On motion of Senator PEELER, with unanimous consent, the following amendment proposed by the Committee on Education was withdrawn.

The Committee on Education proposed the following amendment (GGS\22476SJ06), which was withdrawn:

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

/   SECTION   1.   Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-425.   (A)   Each local school district board of trustees of the State shall have the authority to establish an annual school calendar for teachers, staff, and students. The statutory school term is one hundred ninety days annually and shall consist of a minimum of one hundred eighty days of instruction covering at least nine calendar months. However, beginning with the 2007-2008 school year the opening date for students must not be before the third Monday in August, except for schools operating on a year-round modified school calendar. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. No more than two days may be used for preparation of opening of schools and the remaining five days may be used for teacher planning, academic plans, and parent conferences. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the district.

(B)   Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close must be made up. All school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of these occurrences. If those designated days have been used or are no longer available, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed or operate schools on Saturday. Schools operating on a four-by-four block schedule shall make every effort to make up the time during the semester in which the days are missed. A plan to make up days by lengthening the school day must be approved by the Department of Education before implementation. Tutorial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board. If a local school board authorizes make-up days on Saturdays, tutorial instruction normally offered on Saturday for seventh through twelfth graders must be scheduled at an alternative time.

(C)   The General Assembly by law may waive the requirements of making up missed days or, by law, may authorize the school board of trustees to forgive up to three days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close. A waiver granted by the local board of trustees of the requirement for making up missed days also must be authorized through a majority vote of the local school board.

(D)   If a school is closed early due to snow, extreme weather conditions, or other disruptions, the day may count toward the required minimum to the extent allowed by State Board of Education policy.

(E)   The instructional day for secondary students must be at a minimum six hours a day, or its equivalent weekly, excluding lunch. The school day for elementary students must be at a minimum six hours a day, or its equivalent weekly, including lunch.

(F)   Elementary and secondary schools may reduce the length of the instructional day to not less than three hours on not more than three days each school year for staff development, teacher conferences, or for the purpose of administering end-of-semester and end-of-year examinations.

(G)   Priority during the instructional day must be given to teaching and learning tasks. Class interruptions must be limited only to emergencies. Volunteer blood drives as determined by the principal may be conducted at times which would not interfere with classroom instruction such as study period, lunch period, and before and after school.

(H)   The State Board of Education may waive the school opening date requirement pursuant to subsection (A) of this section on a showing of good cause or for an educational purpose. For the purposes of this section:

(1)   'Good cause' means that schools in a district have been closed eight days per year during any four of the last ten years because of severe weather conditions, energy shortages, power failures, or other emergency situations.

(2)   'Educational purpose' means a district establishes a need to adopt a different calendar for a:

(a)   specific school to accommodate a special program offered generally to the student body of that school,

(b)   school that primarily serves a special population of students, or

(c)   defined program within a school.

The state board may grant the waiver for an educational purpose for that specific school or defined program to the extent that the state board finds that the educational purpose is reasonable, the accommodation is necessary to accomplish the educational purpose, and the request is not an attempt to circumvent the opening date set forth in this section. Waiver requests for educational purposes may not be used to accommodate system-wide class scheduling preferences. Nothing in this subsection prohibits a district from offering supplemental or additional educational programs or activities outside of the calendar adopted under this section."

SECTION   2.   Sections 59-1-420, 59-1-430, and 59-1-440 of the 1976 Code are repealed.

SECTION   3.   This act takes effect upon approval by the Governor. /

Amend further by deleting all before the enacting words and inserting:

/   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-425 SO AS TO REVISE AND FURTHER PROVIDE FOR THE LENGTH OF THE SCHOOL TERM AND THE BEGINNING OF THE SCHOOL TERM, THE USE OF SCHOOL DAYS, AND PROVISIONS FOR MAKE-UP DAYS; AND TO REPEAL SECTION 59-1-420 RELATING TO THE LENGTH OF THE SCHOOL TERM, SECTION 59-1-430 RELATING TO MAKE-UP DAYS, AND SECTION 59-1-440 RELATING TO THE HOURS AND USE OF A SCHOOL DAY. /

Renumber sections to conform.

Amend title to conform.

On motion of Senator PEELER, with unanimous consent, the following amendment was taken up for immediate consideration.

Amendment No. 1

Senator PEELER proposed the following Amendment No. 1 (54R001.HSP), which was adopted:

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

/     SECTION   1.   Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-425.   (A)   Each local school district board of trustees of the State shall have the authority to establish an annual school calendar for teachers, staff, and students. The statutory school term is one hundred ninety days annually and shall consist of a minimum of one hundred eighty days of instruction covering at least nine calendar months. However, beginning with the 2007-2008 school year the opening date for students must not be before the third Monday in August, except for schools operating on a year-round modified school calendar. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300. The professional development shall address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. No more than two days may be used for preparation of opening of schools and the remaining five days may be used for teacher planning, academic plans, and parent conferences. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the district.

(B)   Notwithstanding any other provisions of law to the contrary, all school days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close must be made up. All school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of these occurrences. If those designated days have been used or are no longer available, the local school board of trustees may lengthen the hours of school operation by no less than one hour per day for the total number of hours missed or operate schools on Saturday. Schools operating on a four-by-four block schedule shall make every effort to make up the time during the semester in which the days are missed. A plan to make up days by lengthening the school day must be approved by the Department of Education before implementation. Tutorial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board. If a local school board authorizes make-up days on Saturdays, tutorial instruction normally offered on Saturday for seventh through twelfth graders must be scheduled at an alternative time.

(C)   The General Assembly by law may waive the requirements of making up missed days or, by law, may authorize the school board of trustees to forgive up to three days missed because of snow, extreme weather conditions, or other disruptions requiring schools to close. A waiver granted by the local board of trustees of the requirement for making up missed days also must be authorized through a majority vote of the local school board.

(D)   If a school is closed early due to snow, extreme weather conditions, or other disruptions, the day may count toward the required minimum to the extent allowed by State Board of Education policy.

(E)   The instructional day for secondary students must be at a minimum six hours a day, or its equivalent weekly, excluding lunch. The school day for elementary students must be at a minimum six hours a day, or its equivalent weekly, including lunch.

(F)   Elementary and secondary schools may reduce the length of the instructional day to not less than three hours on not more than three days each school year for staff development, teacher conferences, or for the purpose of administering end-of-semester and end-of-year examinations.

(G)   Priority during the instructional day must be given to teaching and learning tasks. Class interruptions must be limited only to emergencies. Volunteer blood drives as determined by the principal may be conducted at times which would not interfere with classroom instruction such as study period, lunch period, and before and after school.

(H)   The State Board of Education may waive the school opening date requirement pursuant to subsection (A) of this section on a showing of good cause or for an educational purpose. For the purposes of this section:

(1)   'Good cause' means that schools in a district have been closed eight days per year during any four of the last ten years because of severe weather conditions, energy shortages, power failures, or other emergency situations.

(2)   'Educational purpose' means a district establishes a need to adopt a different calendar for a:

(a)   specific school to accommodate a special program offered generally to the student body of that school,

(b)   school that primarily serves a special population of students, or

(c)   defined program within a school.

The state board may grant the waiver for an educational purpose for that specific school or defined program to the extent that the state board finds that the educational purpose is reasonable, the accommodation is necessary to accomplish the educational purpose, and the request is not an attempt to circumvent the opening date set forth in this subsection. Waiver requests for educational purposes may not be used to accommodate system-wide class scheduling preferences. Nothing in this subsection prohibits a district from offering supplemental or additional educational programs or activities outside of the calendar adopted under this section."       /

SECTION   2.   Sections 59-1-420, 59-1-430, and 59-1-440 of the 1976 Code are repealed.

SECTION   3.   This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

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

S. 54--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, S. 54 was ordered to receive a third reading on Thursday, March 30, 2006.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

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

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 1138 (Word version) -- Judiciary Committee: A BILL TO ENACT THE "SEX OFFENDER ACCOUNTABILITY AND PROTECTION OF MINORS ACT OF 2006" BY AMENDING SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 23-3-460, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION EVERY SIX MONTHS RATHER THAN ANNUALLY; TO AMEND SECTION 23-3-530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL; TO AMEND SECTION 23-3-540, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO SHALL OR MAY BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS; AND TO AMEND SECTION 23-3-550, RELATING TO HARBORING OR CONCEALING SEX OFFENDERS, SO AS TO REVISE THE OFFENSE OF ASSISTING OR HARBORING UNREGISTERED SEX OFFENDERS.

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

Senator MARTIN spoke on the Bill.

Motion Under Rule 26B

Senator MARTIN requested to take up Amendment No. 10 pursuant to the provisions of Rule 26B.

There was no objection and Amendment No. 10 was taken up for immediate consideration.

Amendment No. 10

Senator MARTIN proposed the following Amendment No. 10 (1138R012.LAM), which was adopted:

Amend the bill, as and if amended, SECTION 3, page 3, by striking lines 35 through 40 and inserting:

/   whichever is applicable. If the judge or jury, whichever is applicable, does not find that the prior offense involved sexual or anal intercourse by a person or intrusion by an object, then the person must be sentenced to imprisonment for life. For purposes of this subsection, imprisonment for life means imprisonment until death.           /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

Motion Under Rule 26B

Senator McCONNELL requested to take up Amendment No. 11 pursuant to the provisions of Rule 26B.

There was no objection and Amendment No. 11 was taken up for immediate consideration.

Amendment No. 11

Senators McCONNELL, KNOTTS and MALLOY proposed the following Amendment No. 11 (JUD1138.019), which was adopted:

Amend the bill, as and if amended, page 23, after line 34, by adding an appropriately numbered new SECTION to read:

/   SECTION ___. Section 16-3-1230 of the 1976 Code is amended to read:

"Section 16-3-1230.   (1)   A claim may be filed by a person eligible to receive an award, as provided in Section 16-3-1210, or, if the person is an incompetent or a minor, by his parent or legal guardian or other individual authorized to administer his affairs.

(2)   A claim must be filed by the claimant not later than one hundred eighty days after the latest of the following three events:

(a)   the occurrence of the crime upon which the claim is based;

(b)   the death of the victim; or

(c)   the discovery by the law enforcement agency that the occurrence was the result of crime; or

(d)   the manifestation of a mental or physical injury is diagnosed as a result of a crime committed against a minor.

(3)   Upon good cause shown, the time for filing may be extended for a period not to exceed four years after the occurrence, diagnosed manifestation, or death. 'Good cause' for the above purposes includes reliance upon advice of an official victim assistance specialist who either misinformed or neglected to inform a victim of rights and benefits of the Victim's Compensation Fund but does not mean simply ignorance of the law.

(3)(4)   Claims must be filed in the office of the deputy director by mail or in person. The deputy director shall accept for filing all claims submitted by persons eligible under subsection (1) of this section and meeting the requirements as to the form of the claim contained in the regulations of the board."   /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator BRYANT spoke on the Bill.

Remarks by Senator BRYANT

I want to take a brief opportunity to thank all the people that helped us achieve this victory for the children and families of South Carolina. I'd like to especially thank Senator LARRY MARTIN for his dual commitment both to this concept and to the insistence that the law be drafted as carefully as possible. His leadership reflects both his experience and wisdom, and I appreciate it. Senator KNOTTS and I had the discussion about whether this sentencing would jeopardize Jessica's Law, and, fortunately, it did not.

I'd also like to thank those that raised questions about my amendment. Only their persistence generated a stronger amendment that I trust will withstand the challenges that may come its way. The final amendment resulted from the sincere debate of this body, and that is the way it is supposed to happen. In particular, I am grateful to Senator HUTTO for contributing skepticism that ultimately paid dividends. I admire his ability and his respect of the law and both paid dividends here.

I want to thank the staff of the South Carolina Senate, especially Mr. Gentry, Mr. Hitchcock, Mr. Lenski, Mr. Moffitt and Mr. Varat. They worked tirelessly to craft and recraft an amendment that finally met the demands required when legislation may get a challenge in our court system. I think it was a couple of weeks ago that Senator McCONNELL felt compelled to rise and defend his staff, and I tell him today that they have once again proven their abilities.

I know that this place breeds a certain cynicism, and I am sorry if any of that leaked into the discussions of this amendment. I am, of course, grateful for the recent recognition of this subject by so many folks outside this Chamber. However, I can only say to you that I have spoken my mind and my heart, and I trust that others have done the same. I pray that we have done the right thing and that what we have done will make a difference in the lives of children in South Carolina. I am convinced that we have now created the safest climate for precious children.

Thank you, Mr. PRESIDENT.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

MOTION ADOPTED

On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Parker Swaffield Steppe, age 12, of Lexington, S.C.

ADJOURNMENT

At 3:26 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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