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 are facing new days of challenge and hope. Hear
St. Paul to the Romans, Chapter 12:
"Repay no one evil for evil. Have regard for the good things in the sight of all men. If it is possible, as much as depends on you, live peaceably with all men."
Let us pray.
Father, we are led to pray this morning for the people of Iraq. Near chaos has come upon them, and we need to do the best we can to help them without neglecting our own people.
We pray for divine guidance upon our President, our Governor and all who govern at home and around the world.
Our people look to us and we look to You who taught us to pray: "Lord, have mercy!"
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator ALEXANDER introduced Dr. Boyce Tollison of Easley, S.C., Doctor of the Day.
The following were introduced:
S. 1113 (Word version) -- Senator Malloy: A SENATE RESOLUTION REQUESTING THE SENATE BANKING AND INSURANCE COMMITTEE TO CONDUCT OVERSIGHT HEARINGS WITH RESPECT TO THE OPERATIONS AND MANAGEMENT OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND REPORT TO THE SENATE ITS FINDINGS AND ANY RECOMMENDATIONS RESULTING FROM THESE OVERSIGHT HEARINGS.
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The Senate Resolution was introduced and referred to the Committee on Banking and Insurance.
S. 1114 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-1-20 OF THE 1976 CODE, RELATING TO THE APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A RESTRICTED OR SUPERVISED LENDER RECOMMENDED BY THE INDEPENDENT CONSUMER FINANCE ASSOCIATION.
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Senator THOMAS spoke on the Bill.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1115 (Word version) -- Senators Lourie, Reese, Sheheen, Leventis, Patterson, McGill, Moore, Setzler, Anderson, Matthews, Short and Hutto: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 72 SO AS TO ENACT THE "SOUTH CAROLINA TARGETED INVESTMENT IN PUBLIC SCHOOLS ACT", TO ESTABLISH THE SOUTH CAROLINA TARGETED INVESTMENT IN PUBLIC SCHOOLS AUTHORITY, AND TO PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES; TO AUTHORIZE THE AUTHORITY TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS TO FINANCE SCHOOL FACILITIES; TO ALLOW STATE APPROPRIATIONS, GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE FUND OF THE AUTHORITY; TO AUTHORIZE LENDING TO AND BORROWING BY SCHOOL DISTRICTS THROUGH THE AUTHORITY; AND TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS BY THE AUTHORITY TO BE USED FOR ITS STATED PURPOSES.
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Read the first time and referred to the Committee on Education.
S. 1116 (Word version) -- Senators McConnell, Lourie and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS AND VULNERABLE ADULT FATALITIES; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF FACILITIES TO INCLUDE RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS AND THE DEFINITION OF "INVESTIGATIVE ENTITY" TO INCLUDE THE SPECIAL INVESTIGATIONS UNIT IN THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 43-35-15, RELATING TO THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO PROVIDE THAT THE SPECIAL INVESTIGATIONS UNIT SHALL RECEIVE REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS, TO CLARIFY THE INVESTIGATIVE RESPONSIBILITIES OF THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM AT THE DEPARTMENT OF SOCIAL SERVICES, AND TO FURTHER PROVIDE FOR THE INVESTIGATION OF THESE INCIDENTS; TO AMEND SECTION 43-35-20, RELATING TO ADDITIONAL POWERS OF INVESTIGATIVE ENTITIES, SO AS TO PROVIDE THAT THESE ENTITIES HAVE ACCESS TO FACILITIES AS PERMITTED BY LAW; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO FURTHER CLARIFY THESE REPORTING RESPONSIBILITIES AND TO REQUIRE INCIDENTS INVOLVING CRIMINAL INTENT TO BE REPORTED TO LAW ENFORCEMENT; TO AMEND SECTION 43-35-35, RELATING TO REPORTING VULNERABLE ADULT DEATHS BELIEVED TO HAVE RESULTED FROM ABUSE OR NEGLECT, SO AS TO PROVIDE THAT ALL DEATHS OF A VULNERABLE ADULT IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR A LOCAL DISABILITIES BOARD MUST BE REPORTED TO THE SPECIAL INVESTIGATIONS UNIT; TO AMEND SECTION 43-35-40, RELATING TO INVESTIGATIVE ENTITIES REPORTING INCIDENTS INVOLVING CRIMINAL INTENT TO LAW ENFORCEMENT, SO AS TO FURTHER CLARIFY THIS REPORTING REQUIREMENT; TO AMEND SECTION 43-35-65, RELATING TO NOTICES REQUIRED TO BE PLACED IN FACILITIES CONCERNING DUTIES OF FACILITY PERSONNEL, SO AS TO REQUIRE THESE NOTICES TO CONTAIN E-MAIL ADDRESSES AND FAX NUMBERS OF THE LONG TERM CARE OMBUDSMAN PROGRAM, THE SPECIAL INVESTIGATIONS UNIT, AND LAW ENFORCEMENT; TO AMEND SECTION 43-35-80, RELATING TO ACTIONS OF THE ATTORNEY GENERAL AGAINST A PERSON OR FACILITY FOR FAILING TO EXERCISE REASONABLE CARE IN OPERATING A FACILITY FOR VULNERABLE ADULTS, SO AS TO PROVIDE THAT REFERRALS FOR SUCH ACTIONS MAY ALSO BE MADE BY THE SPECIAL INVESTIGATIONS UNIT; TO ADD ARTICLE 5 TO CHAPTER 35, TITLE 43 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE SPECIAL INVESTIGATIONS UNIT IN THE INVESTIGATION OF VULNERABLE ADULT FATALITIES AND TO ESTABLISH THE VULNERABLE ADULT FATALITIES REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ADD SECTION 17-5-555 SO AS TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REPORT THE DEATH OF A VULNERABLE ADULT TO THE SPECIAL INVESTIGATIONS UNIT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-7-2910, AS AMENDED, RELATING TO CRIMINAL RECORDS CHECKS FOR DIRECT CAREGIVERS, SO AS TO REQUIRE THESE RECORDS CHECKS ON DIRECT CAREGIVERS IN RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, AND LOCAL DISABILITIES BOARDS.
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Read the first time and referred to the Committee on Judiciary.
S. 1117 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-225 SO AS TO PROVIDE FOR THE MANNER IN WHICH HOLDOVER APPOINTEES OF THE GOVERNOR WHICH REQUIRE THE ADVICE AND CONSENT OF THE SENATE SHALL CONTINUE TO SERVE IN OFFICE, AND FOR PROCEDURES TO BE FOLLOWED IN MAKING NEW APPOINTMENTS.
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Read the first time and referred to the Committee on Judiciary.
S. 1118 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 40-2-10, AS AMENDED, SECTION 40-2-90, SECTION 40-2-340, AS AMENDED, AND ARTICLE 3, CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, INCLUDING ACCOUNTING PRACTITIONERS, SO AS TO CHANGE THE TERM "ACCOUNTING PRACTITIONER" TO "LICENSED ACCOUNTANT" AND TO REQUIRE A LICENSED ACCOUNTANT TO PASS AN EXAMINATION OFFERED BY THE ACCREDITATION COUNCIL FOR ACCOUNTANCY, OR AN EQUIVALENT EXAMINATION APPROVED BY THE BOARD.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report:
Alexander Patterson McGill Reese Knotts O'Dell Elliott Ford Grooms Verdin Campsen
NAYS
Total--0
Tuesday, February 7, 2006 - 1:00-2:30 PM
Members of the Senate, Lunch, Capital City Club, by SC Arts Alliance
Tuesday, February 7, 2006 - 6:00-8:00 PM
Members of the Senate, Reception, Capitol City Club, by SC Funeral Director's Association
Tuesday, February 7, 2006 - 8:00-9:00 PM
Members of the Senate, Reception, Clarion Town House, by Probate Judges Association
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4494 (Word version) -- Reps. Hosey and Rhoad: A BILL TO CREATE THE BARNWELL COUNTY BOARD OF ELECTION AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.
By prior motion of Senator HUTTO
H. 4365 (Word version) -- Rep. Rhoad: A BILL TO AMEND SECTION 7-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DELETE ARCHAIC LANGUAGE, TO DELETE A SPECIFIC REFERENCE TO A VOTING PLACE, AND TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BAMBERG COUNTY REGISTRATION AND ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BAMBERG COUNTY LEGISLATIVE DELEGATION.
By prior motion of Senator HUTTO
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1101 (Word version) -- Senator Bryant: A BILL TO PROVIDE THAT, IN ANDERSON COUNTY, ANY REFERENDUM HELD BY A LOCAL TAXING AUTHORITY TO SEEK APPROVAL FOR AN INCREASE IN MILLAGE RATES, TO ISSUE BONDS, OR FOR ANY OTHER REVENUE RAISING MEASURE MUST BE HELD IN EVEN NUMBERED YEARS AT THE TIME OF THE GENERAL ELECTION.
By prior motion of Senator BRYANT
S. 1088 (Word version) -- Senators Moore, Ryberg and Setzler: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
S. 1098 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO ADD THE PERGAMOS VOTING PRECINCT IN WILLIAMSBURG COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THE AFFECTED PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
By prior motion of Senator McGILL, with unanimous consent
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 766 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 58-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT ANY MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING HIMSELF OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, RELATING TO PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58, SO AS TO PROVIDE THAT ANY PERSON VIOLATING THOSE PROVISIONS MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS; AND TO AMEND SECTION 58-23-590, RELATING TO THE REGULATION OF HOUSEHOLD GOODS AND HAZARDOUS WASTE CARRIERS, SO AS TO PROVIDE THAT A CARRIER OPERATING IN VIOLATION OF THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58 MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS.
Senator VERDIN explained the Bill.
S. 1061 (Word version) -- Senators Gregory, Grooms, Courson, Drummond, Richardson, Campsen, Ryberg, Land, Hutto, Setzler, Hayes, Sheheen, Lourie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTIONS 51-17-10 THROUGH 51-17-150 AS ARTICLE 1 OF CHAPTER 17, TITLE 51, ENTITLED "HERITAGE TRUST PROGRAM", AND BY ADDING ARTICLE 3 TO CHAPTER 17, TITLE 51 SO AS TO PROVIDE FOR BONDING AUTHORITY IN THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FOR LAND ACQUISITION, RESTORATION, IMPROVEMENT, AND MANAGEMENT OF PROPERTIES FOR INCLUSION IN THE HERITAGE TRUST PROGRAM.
Senator GREGORY explained the Bill.
On motion of Senator GREGORY, with unanimous consent, S. 1061 was ordered to receive a third reading on Friday, February 3, 2006.
S. 1064 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTION 50-3-180, AS AMENDED, RELATING TO THE MITIGATION TRUST FUND, AS ARTICLE 12 OF CHAPTER 3 OF TITLE 50, TO FURTHER PROVIDE FOR THE AUTHORITY OF THE TRUSTEES OF THE FUND, THE PURPOSES OF THE FUND, AND USES FOR WHICH THE FUND MAY BE EXPENDED; TO REPEAL SECTION 50-1-310, RELATING TO THE MITIGATION TRUST FUND.
S. 1097 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.
S. 70 (Word version) -- Senators Thomas, Campsen, Bryant, Verdin, Gregory, Fair and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-145 SO AS TO PROHIBIT OUTDOOR ADVERTISING SIGNS FOR AN ADULT OR SEXUALLY-ORIENTED BUSINESS FROM BEING LOCATED WITHIN ONE MILE OF A PUBLIC HIGHWAY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 57-25-120, AS AMENDED, RELATING TO THE DEFINITIONS OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE "ADULT BUSINESS", "SEMI-NUDITY", "SEXUALLY-ORIENTED BUSINESS", AND "SEXUALLY-ORIENTED MATERIALS"; AND TO AMEND SECTION 57-25-130, AS AMENDED, RELATING TO DECLARATIONS OF PURPOSE REGARDING THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE MITIGATING THE ADVERSE EFFECTS OF SEXUALLY-ORIENTED BUSINESSES AND LIMITING HARM TO MINORS.
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 (SWB\6686CM06), which was adopted:
Amend the bill, as and if amended, Section 57-25-145 as contained in SECTION 1, by adding after the / . / on line 15, page 2:
/ (D) Nothing in this section prevents a local government from adopting different or more stringent local ordinances that govern advertising signs for adult or sexually-oriented businesses. /
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. 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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (776R001.TCA), which was adopted:
Amend the bill, as and if amended, in SECTION 2, by striking line 30 and inserting:
/ after June 30, 2006. /
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. 961 (Word version) -- Senators McConnell, Ford and Knotts: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO PROVIDE THAT THE AREA SEEKING TO BE INCORPORATED MEETS THE REQUIREMENT OF PROPOSING A MINIMUM LEVEL OF LAW ENFORCEMENT SERVICES IF THE PROPOSAL DESCRIBES HOW THE AREA SHALL PROVIDE SERVICES IN EQUAL OR GREATER LEVELS TO THE AREA'S EXISTING LAW ENFORCEMENT COVERAGE PRIOR TO SEEKING INCORPORATION.
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 (JUD0961.002), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THAT THE AREA SEEKING TO BE INCORPORATED FILE A PROPOSAL FOR PROVIDING EITHER DIRECTLY OR INDIRECTLY A SUBSTANTIALLY SIMILAR LEVEL OF LAW ENFORCEMENT SERVICES TO THE AREA'S EXISTING LAW ENFORCEMENT COVERAGE PRIOR TO SEEKING INCORPORATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-1-30(A)(5) of the 1976 Code, as amended by Act 77 of 2005, is amended to read:
"(5) the area seeking to be incorporated has filed a proposal for providing either directly or by contract a minimum level of law enforcement services as required in regulations promulgated by the State Law Enforcement Division. If law enforcement services are by contract, the proposal must indicate which governmental entity provides the service and the estimated compensation for the service indirectly a substantially similar level of law enforcement services to the area's existing law enforcement coverage prior to seeking incorporation; and"
SECTION 2. By passing this act, the General Assembly intends and declares that any regulations passed by the State Law Enforcement Division to comply with the requirements of Act 77 of 2005 do not for any past, present, or future time represent or establish any minimum level of law enforcement service requirements for existing municipalities or towns or areas seeking to incorporate as municipalities or towns.
SECTION 3. 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.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1017 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.
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 (SWB\6689CM06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Year of Manufacture Motor Vehicle License Plates
Section 56-3-1450. (A) An owner of a motor vehicle that is thirty years old or older, may apply to the department to use a license plate issued by this State in the year corresponding to the model year of the vehicle, if the license plate is legible and serviceable, as determined by the department. If the department determines that the plate is legible and serviceable, the applicant must submit the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020. The biennial renewal fee for these plates shall be the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020.
(B) Once the department approves use of the plate and the applicant submits the required fees, the department shall register the plate to the applicant. The department may not register any duplicate plates. The applicant may only use the special license plate on the vehicle with which the license plate registration corresponds.
(C) License plates registered pursuant to this section may only be transferred to vehicles of the same model year as the year the license plate was originally issued."
SECTION 2. This act takes effect six months after the approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the Bill.
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. 1083 (Word version) -- Senators Martin, Ford, Ritchie, Malloy and Cromer: A BILL TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO THE APPROPRIATE TIME AFTER THE COMMITTEE HAS DETERMINED ITS RECOMMENDATIONS AND A FINAL REPORT OF THE COMMITTEE IS SUBMITTED TO THE GENERAL ASSEMBLY.
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 (JUD1083.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 16 of Act 166 of 2005 is amended to read:
"SECTION 16. A study committee composed of five members of the Senate, appointed by the President Pro Tempore, and five members of the House of Representatives, appointed by the Speaker, is created to study the criminal domestic violence laws of the State, the effects of criminal domestic violence on victims, perpetrators, and the economy of the State, and the status of the state's current domestic violence prevention programs, and recommend appropriate changes to the General Assembly by February 15, 2006 no later than June 1, 2006."
SECTION 2. This act takes effect upon approval by the Governor./
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. 1095 (Word version) -- Senator Land: A BILL TO AMEND SECTION 50-16-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF RELEASING OR TRANSPORTING PIGS FOR HUNTING OR ESTABLISHING A FREE ROAMING POPULATION OF PIGS, SO AS TO PROVIDE THAT THIS OFFENSE DOES NOT APPLY WHEN PIGS ARE CAPTURED AND TRANSPORTED SOLELY FOR RELEASE INTO A CONTROLLED AND CONTAINED ENVIRONMENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (BBM\9187HTC06), which was adopted:
Amend the bill, as and if amended, by striking Section 50-16-25 as contained in SECTION 1 and inserting:
/ SECTION 1. Section 50-16-25 of the 1976 Code, as added by Act 13 of 2005, is amended to read:
"Section 50-16-25. It is unlawful to release or transport for the purpose of release a member of the family Suidae (pig) for hunting purposes or in an attempt to establish or supplement a free roaming population; however, a landowner may capture and release a pig so long as: (1) the pig is captured pursuant to a permit issued without charge by the Department of Natural Resources, and (2) the pig is released on the same tract on which the pig was captured or on an adjoining tract with permission of the owner of the adjoining tract. Under no circumstances may a pig be released in a county other than the county in which the pig was captured." /
Renumber sections to conform.
Amend title to conform.
Senator LAND 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.
On motion of Senator LAND, with unanimous consent, S. 1095 was ordered to receive a third reading on Friday, February 3, 2006.
H. 3221 (Word version) -- Reps. Clemmons, Rice, Simrill, Mahaffey, Wilkins, Harrell, Harrison, Cato, J. Brown, Townsend, Edge, Merrill, Chellis, Ott, R. Brown, Mack, Barfield, Witherspoon, Duncan, M.A. Pitts, Owens, Chalk, Bailey, Ceips, Haley, Viers, Hardwick and Toole: A BILL TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS-SILVERXCARD ACT AND TO PROVIDE THAT THE SCRIPTS-SILVERXCARD PROGRAM MUST COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME SENIOR RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS, TO REQUIRE THAT A PARTICIPANT BE ENROLLED IN A MEDICARE PART D DRUG PLAN, TO CLARIFY OTHER ELIGIBILITY CRITERIA, TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE ENROLLEE'S ANNUAL OUT-OF-POCKET DRUG EXPENSES REACH THE POINT THAT STANDARD MEDICARE PART D BENEFITS ARE NO LONGER AVAILABLE AND THAT BENEFITS TERMINATE WHEN THE PARTICIPANT'S ANNUAL OUT-OF-POCKET EXPENSES REACH THE POINT THAT CATASTROPHIC MEDICARE PART D BENEFITS ARE AVAILABLE, AND TO PROVIDE THAT IF REVENUE IS GENERATED FOR THE PROGRAM FROM OTHER SOURCES, THIS ADDITIONAL REVENUE MUST BE USED TO FUND PROGRAM BENEFITS AND MAKE PAYMENTS, AS MAY BE REQUIRED, UNDER THE FEDERAL MEDICARE PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003; AND TO REPEAL CHAPTER 130, TITLE 44, RELATING TO THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (3221R001.HKL), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 6, Title 44 of the 1976 Code is amended to read:
South Carolina Retirees and Individuals
Pooling Together for Savings Gap Assistance Pharmacy Program for Seniors Act
Section 44-6-610. This article may be cited as the "South Carolina Retirees and Individuals Pooling for Savings Gap Assistance Pharmacy Program for Seniors (GAPS) Act".
Section 44-6-620. For purposes of this article:
(1) 'Department' means the South Carolina Department of Health and Human Services.
(2) 'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United States Food and Drug Administration including insulin syringes, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products.
(3) 'Program' means the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program Gap Assistance Pharmacy Program for Seniors (GAPS) created pursuant to this article.
(4) 'Medicare Part D Prescription Drug Plan' means a Prescription Drug Plan that has been approved by the Centers for Medicare and Medicaid Services (CMS) to provide Medicare Part D prescription drugs to Medicare beneficiaries in South Carolina.
(5) 'GAPS Participating Medicare Part D Prescription Drug Plan' means Prescription Drug Plans that have executed a contract with the department to provide prescription drug coverage to eligible individuals during the annual Medicare Part D coverage gap.
Section 44-6-630. (A) There is created within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) Gap Assistance Pharmacy Program for Seniors (GAPS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future. The purpose of this program is to coordinate, beginning January 1, 2006, with Medicare Part D Prescription Drug Plans to provide to low-income seniors in this State assistance with costs for prescription drugs during the annual Medicare Part D coverage gap.
(B) The program must provide assistance with prescription drugs that:
(1) have been approved by the United States Food and Drug Administration; and
(2) are included in the enrollee's selected GAPS participating Medicare Part D Plan formulary.
Section 44-6-640. (A) This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.
(B) By December 30, 2003, the department must submit a program implementation and administration plan for review by the State Budget and Control Board. The plan must include:
(1) procedures for program enrollment;
(2) requirements for program participation; and
(3) annual program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program.
(C) Upon review of the State Budget and Control Board, the program may be implemented as soon as practicable The department may establish an enrollment fee that must be used to fund the administration of this program.
(DC) When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.
Section 44-6-650. (A) A person To be eligible to participate enroll in this program a person must:
(1) have attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before enrolling in the program; and be a resident of this State;
(3) not be eligible for Medicaid prescription benefits be enrolled in a GAPS participating Medicare Part D Drug Plan;
(4) satisfy annual income, resources, and other criteria established by the department;
(5) pay the enrollment fee, if any, as established by the department.
(B) An enrollee is entitled to benefits under this program during the coverage gap when the enrollee's annual prescription drug costs have reached the point that standard Medicare Part D benefits are no longer available. The GAPS benefits terminate when the enrollee's annual out-of-pocket prescription drug expenses have reached the point that catastrophic Medicare Part D benefits become available.
Section 44-6-660. (A) The department shall maintain data to allow evaluation of the cost effectiveness of the program.
(B) Beginning with the 2005 regular session of the General Assembly, no later than thirty days before the convening of each regular session, the department shall submit an annual report to the Governor, the chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee summarizing enrollment, financial information, and any other information needed to evaluate the costs and benefits of the program fiscal year 2006-2007, the department shall include in its annual report, a report on the GAPS program.
Section 44-6-670. (A) The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program.
(B) The department may promulgate regulations necessary for the administration of this program.
Section 44-6-680. The program must be funded entirely from annual enrollment fees collected from program participants."
SECTION 2. Chapter 130, Title 44 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER 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.
On motion of Senator ALEXANDER, with unanimous consent, H. 3221 was ordered to receive a third reading on Friday, February 3, 2006.
S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE A DEFINITION OF PUBLIC USE AND REQUIRE THAT AN ENTITY PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT IT IS CONDEMNING PROPERTY FOR A PUBLIC USE AND WILL OWN, OPERATE, AND RETAIN CONTROL OVER THE CONDEMNED PROPERTY; PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE I, RELATING TO TREASON AND SLUM CLEARANCE AND REDEVELOPMENT, SO AS TO DELETE THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS, WHICH PROVIDE MUNICIPALITIES AND HOUSING OR REDEVELOPMENT AUTHORITIES IN SUMTER AND CHEROKEE COUNTIES THE POWER TO CARRY OUT SLUM CLEARANCE AND REDEVELOPMENT; AND PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE XIV, RELATING TO SLUM CLEARANCE AND REDEVELOPMENT, SO AS TO DELETE SECTION 5, WHICH PROVIDES MUNICIPALITIES AND HOUSING OR REDEVELOPMENT AUTHORITIES IN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES THE POWER TO CARRY OUT SLUM CLEARANCE AND REDEVELOPMENT.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator RITCHIE asked unanimous consent to make a motion that the Resolution be placed in the status of Interrupted Debate.
There was no objection and the Resolution was placed in the status of Interrupted Debate.
The following Resolutions were adopted and ordered returned to the House:
H. 4271 (Word version) -- Reps. Scott, Ballentine, J.H. Neal, Howard and Clark: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 20 IN LEXINGTON COUNTY FROM MILE MARKER 59 TO MILE MARKER 60 THE "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DEPUTY SHERIFF BYRON 'KEITH' CANNON MEMORIAL HIGHWAY".
H. 4376 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE SALUDA RIVER ALONG SOUTH CAROLINA HIGHWAY 20 IN ANDERSON AND GREENVILLE COUNTIES THE "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HAROLD L. DRENNON, JR. MEMORIAL BRIDGE".
H. 4408 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND REIDVILLE ROAD IN SPARTANBURG COUNTY THE "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "PFC MICHAEL SCOTT ADAMS MEMORIAL BRIDGE" IN HONOR OF A BRAVE AMERICAN SOLDIER WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.
Senator HAWKINS spoke on the Concurrent Resolution.
H. 4413 (Word version) -- Reps. Hiott, Rice, Owens and Skelton: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 178 AND SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY THE "WOODROW BEAL 'WOODIE' CHASTAIN BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "WOODROW BEAL 'WOODIE' CHASTAIN BRIDGE" AS A LASTING MEMORIAL TO THIS SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE IN DEFENSE OF HIS COUNTRY DURING THE VIETNAM WAR.
H. 4476 (Word version) -- Reps. Simrill, Delleney, Kirsh, Lucas, McCraw, Moody-Lawrence, J.M. Neal, Norman and Funderburk: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE INTERBASIN TRANSFER REQUEST BY THE CITIES OF CONCORD AND KANNAPOLIS, NORTH CAROLINA, TO REMOVE WATER FROM THE CATAWBA RIVER BASIN.
S. 1049 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant and Campsen: A BILL TO AMEND SECTION 16-17-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISTURBING SCHOOLS, SO AS TO PROVIDE GREATER SPECIFICITY FOR THE TYPES OF CONDUCT WHICH CONSTITUTE THE OFFENSE AND TO PROVIDE FOR INTERVENTION BY SCHOOL OFFICIALS PRIOR TO REFERRING SOME CASES TO COURT.
On motion of Senator HUTTO, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator PEELER, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
The House returned the Bill with amendments.
Senator LEVENTIS moved to carry over the Bill.
The Bill was carried over.
At 11:38 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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