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:
Hear these words of praise from the Psalmist:
"I was glad when they said to me, 'Let us go to the house of the Lord!' Our feet are standing within your gates, O Jerusalem."
(Psalm 122:1-2)
Let us pray:
This week so much of our attention is indeed upon the Holy City, O God. Whether triggered by Passover celebrations, a supper in an upper room, anticipation of the march yet to occur along the Via Dolorosa, hearts and minds and souls center upon the ancient city, Jerusalem. And, in so many ways they still do. Lord, allow each of us to draw strength from all of these ancient stories. Fill our hearts with the hope and promise which come to those who boldly stand within Your gates. Lead us all as we serve You, and strive to honor You, here in this place of governmental power. We pray this in Your loving name, dear Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, Aiken County Master-in-Equity, with term to commence June 30, 2007, and to expire June 30, 2013
Robert A. Smoak, Jr., 218 Union Street, S. E., Aiken, S.C. 29801
Reappointment, Kershaw County Master-in-Equity, with term to commence June 30, 2007, and to expire June 30, 2013
Jeffery Marc Tzerman, 2105 Forest Dr., Camden, S.C. 29020
The following was received and referred to the appropriate committee for consideration:
Document No. 3120
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Section 50-1-200, 50-1-210, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-500, 50-11-520, 50-11-530, 50-11-2200 and 50-11-2210
SUBJECT: Seasons, Limits, Methods of Take and Special Use Restrictions on Wildlife Management Areas
Received by Lieutenant Governor April 5, 2007
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration March 4, 2008
Senator ANDERSON introduced Dr. John B. Nobles of Bennettsville, S.C., Doctor of the Day.
On motion of Senator VERDIN, at 11:05 A.M., Senator GROOMS was granted a leave of absence for this entire week.
S. 186 (Word version) -- Senators Gregory, Knotts and Lourie: A BILL TO AMEND SECTION 16-17-504, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF LAWS RELATING TO SUPPLYING MINORS WITH TOBACCO, SO AS TO DELETE THE REQUIREMENT THAT LAWS, ORDINANCES, OR RULES PERTAINING TO TOBACCO PRODUCTS MAY NOT SUPERSEDE STATE LAW, TO DELETE THE EXCEPTION PROVIDED FOR PRIVATE PROPERTY, AND TO DELETE THE EXEMPTION FOR SMOKING ORDINANCES IN EFFECT BEFORE THE EFFECTIVE DATE OF THE SECTION.
On motion of Senator JACKSON, with unanimous consent the name of Senator JACKSON was added as a co-sponsor of S. 186.
S. 465 (Word version) -- Senators Ritchie, Fair, Leventis, Martin, Alexander, Campsen, Knotts, Ford, Anderson, Sheheen, Patterson, Williams, McConnell, Bryant, Cromer, Leatherman, Vaughn, Cleary, Land, O'Dell, Peeler, Reese, Thomas, Hayes, McGill and Verdin: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
On motion of Senator ELLIOTT, with unanimous consent the names of Senators ELLIOTT and RANKIN were added as co-sponsors of S. 186.
S. 68 (Word version) -- Senators Rankin, Elliott, Knotts, Cleary, Hawkins and McConnell: A BILL TO AMEND SECTION 1-30-10 OF THE 1976 CODE, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL BE ELECTED BY THE QUALIFIED VOTERS OF THE STATE TO A FOUR-YEAR TERM COTERMINOUS WITH THAT OF THE GOVERNOR; AND TO AMEND SECTION 38-1-20(16), RELATING TO THE DEFINITION OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, TO REFLECT THAT THE DIRECTOR IS AN ELECTED OFFICIAL.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 68.
S. 227 (Word version) -- Senators Ford, Anderson, Alexander, Courson, Campsen, O'Dell, Williams, Knotts, Hutto, Matthews, Land, Jackson, McConnell, Patterson, McGill, Pinckney, Reese, Elliott, Leatherman, Peeler, Lourie, Malloy, Sheheen, Short, Rankin, Ryberg, Ritchie, Leventis, Fair, Grooms, Cromer, Bryant, Mescher, Martin, Hayes, Richardson, Scott, Vaughn, Setzler and Moore: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES E. CLYBURN, MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM THE SIXTH CONGRESSIONAL DISTRICT OF SOUTH CAROLINA AND NEWLY-ELECTED MAJORITY WHIP OF THE HOUSE OF REPRESENTATIVES FOR THE 110TH CONGRESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT ASSEMBLY ON A DATE AND TIME CONVENIENT FOR REPRESENTATIVE CLYBURN'S SCHEDULE AS DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
On motion of Senator DRUMMOND, with unanimous consent, the name of Senator DRUMMOND was added as a co-sponsor of S. 227.
S. 632 (Word version) -- Senators Patterson, Courson, Jackson and Lourie: A JOINT RESOLUTION A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE TO AMEND THE 2007 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF CALCULATING THE 2007 INDEX OF TAXPAYING ABILITY.
Senator PATTERSON asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.
There was no objection.
The Resolution was recalled from the Committee on Finance and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 641 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-35 SO AS TO PROVIDE THAT A SCHOOL SHALL DEFER TO THE DECISION OF PARENTS OF TWINS AS TO WHETHER OR NOT THE TWINS WILL BE IN THE SAME CLASSROOM.
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Read the first time and referred to the Committee on Education.
S. 642 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 6-5-15 AND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLATERAL REQUIRED TO SECURE THE UNINSURED FUNDS ON DEPOSIT OF A LOCAL GOVERNMENT ENTITY AND THE STATE, SO AS TO DEFINE A FINANCIAL INSTITUTION IN WHICH THESE FUNDS ARE DEPOSITED AS A QUALIFIED PUBLIC DEPOSITORY, TO ALLOW SUCH A DEPOSITORY TO SECURE THESE FUNDS USING THE DEDICATED METHOD OR THE POOLING METHOD, AND TO PROVIDE THAT THE LOCAL GOVERNMENT ENTITY OR STATE TREASURER MAY REQUIRE SUCH A DEPOSITORY TO USE THE DEDICATED METHOD.
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Read the first time and referred to the Committee on Finance.
S. 643 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-425 SO AS TO CREATE THE CRIME OF POSSESSION OF FIREARMS OR AMMUNITION BY A PERSON WHO HAS BEEN CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM EXCEEDING ONE YEAR, TO PROVIDE THAT A VIOLATION IS A FELONY, TO PROVIDE FOR A PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS OR IMPRISONMENT OF NOT MORE THAN FIVE YEARS, OR BOTH, AND TO PROVIDE FOR THE DISPOSITION OF THE FIREARMS OR AMMUNITION.
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Read the first time and referred to the Committee on Judiciary.
S. 644 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND CHAPTER 1, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES AND MISDEMEANORS, BY ADDING SECTION 16-1-60 SO AS TO INCLUDE MANUFACTURING, DISTRIBUTING, OR POSSESSION WITH THE INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE AND MANUFACTURING, DISTRIBUTING, OR POSSESSION WITH THE INTENT TO DISTRIBUTE METHAMPHETAMINE, COCAINE BASE, AND OTHER CONTROLLED SUBSTANCES AS VIOLENT CRIMES.
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Read the first time and referred to the Committee on Judiciary.
S. 645 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56, RELATING TO SPECIAL LICENSE PLATES, TO PROVIDE THAT A SPECIAL LICENSE PLATE MAY BE ISSUED TO THE OWNER OF A PRIVATE PASSENGER-CARRYING MOTOR VEHICLE AS DEFINED IN SECTION 56-3-630.
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Read the first time and referred to the Committee on Transportation.
S. 646 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-130(C) OF THE 1976 CODE, RELATING TO BASIC AND CLASSIFIED DRIVER'S LICENSES, TO PROVIDE THAT THE GROSS VEHICLE WEIGHT RATING SHALL BE USED TO DETERMINE THE NEED TO OBTAIN A BASIC OR CLASSIFIED DRIVER'S LICENSE.
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Read the first time and referred to the Committee on Transportation.
S. 647 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-15-570, 31-17-530, AND 56-16-150 OF THE 1976 CODE, RELATING TO SURETY BONDS, TO INCREASE THE AMOUNT OF SURETY BONDS FROM FIFTEEN THOUSAND DOLLARS TO THIRTY THOUSAND DOLLARS FOR LICENSURE AS A WHOLESALE MOTOR VEHICLE AUCTION, A TRAVEL TRAILER DEALER, A WHOLESALER, OR DEALER.
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Read the first time and referred to the Committee on Transportation.
S. 648 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-20 OF THE 1976 CODE, RELATING TO DEFINITIONS REGARDING MOTOR VEHICLE REGISTRATION AND LICENSING, TO DEFINE MOTOR HOME.
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Read the first time and referred to the Committee on Transportation.
S. 649 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-9-420, 56-9-353, AND 56-9-480 OF THE 1976 CODE, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, TO REFERENCE SECTION 38-77-140 WHEN REFERRING TO MINIMUM LIABILITY INSURANCE LIMITS.
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Read the first time and referred to the Committee on Transportation.
S. 650 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3086, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 651 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3085, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 652 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED AGE SIXTY-FIVE, OR WHO ARE PERMANENTLY AND TOTALLY DISABLED, OR WHO ARE LEGALLY BLIND, SO AS TO ALLOW THE APPLICATION FOR THE EXEMPTION TO BE MADE BY MAIL OR BY INTERNET AND PROVIDE THE CIRCUMSTANCES WHEN MAIL OR INTERNET APPLICATIONS MAY BE PROCESSED.
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Read the first time and referred to the Committee on Finance.
S. 653 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE STUDENTS, PARENTS, FACULTY, STAFF, AND ADMINISTRATION OF DOBY'S MILL ELEMENTARY SCHOOL IN KERSHAW COUNTY ON RECEIVING THE PRESTIGIOUS 2007 PALMETTO'S FINEST AWARD AND FOR STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 654 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE STUDENTS, PARENTS, FACULTY, STAFF, AND ADMINISTRATION OF FOREST LAKE ELEMENTARY SCHOOL IN RICHLAND COUNTY ON RECEIVING THE PRESTIGIOUS 2007 PALMETTO'S FINEST AWARD AND FOR STRIVING TO REACH AND MAXIMIZE THE FULL MEASURE OF THEIR TALENTS AND ABILITIES.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 655 (Word version) -- Senators Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION RECOGNIZING ROBERT M. KERR FOR HIS TWENTY-TWO YEARS OF INVALUABLE SERVICE TO THE PEOPLE OF SOUTH CAROLINA UPON THE OCCASION OF HIS RESIGNATION AS DIRECTOR OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND WISHING HIM SUCCESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Elliott and Setzler: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT LEAST FIVE PERCENT OF THE MOST RECENT ESTIMATE OF GENERAL FUND REVENUE FOR THE CURRENT FISCAL YEAR; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE A PERMANENT EXEMPTION FOR UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS BEGINNING THE JULY FIRST THAT THE PHASE-DOWN OF THE STATE SALES TAX RATE ON UNPREPARED FOOD ATTAINS ZERO.
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Senator LEATHERMAN spoke on the Bill.
Read the first time and referred to the Committee on Finance.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 265 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 50-23-345, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY CERTIFICATES OF BOAT NUMBER, SO AS TO FURTHER PROVIDE FOR WHEN THE DEPARTMENT MAY ISSUE TEMPORARY CERTIFICATES; AND TO AMEND SECTION 50-23-370, AS AMENDED, RELATING TO TERMS AND RENEWAL OF CERTIFICATES OF BOAT NUMBER ISSUED BY THE DEPARTMENT, SO AS TO FURTHER PROVIDE FOR THEIR EXPIRATION AND RENEWAL AND THE CIRCUMSTANCES WHEN THESE CERTIFICATES MAY BE ISSUED.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 348 (Word version) -- Senators Hutto and Land: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST SIX AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND MUST ALSO MEET AGE REQUIREMENTS SPECIFIC TO THE VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation polled out S. 493 favorable:
S. 493 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
AYES
Ryberg Land Leatherman McGill Elliott Rankin Hawkins Verdin Drummond Malloy Knotts Short Pinckney Campsen Cleary
Grooms
Ordered for consideration tomorrow.
Senator MESCHER from the Committee on Labor, Commerce and Industry polled out H. 3509 favorable with amendment:
H. 3509 (Word version) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J.H. Neal, Bedingfield, F.N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moss, Neilson, Ott, Owens, Perry, Phillips, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Skelton, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Vick, Viers, Walker, Williams, Witherspoon, Young, Bowers, J.M. Neal, Loftis, Simrill, White, Mulvaney, Whitmire, Frye and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 31 TO ENACT THE "SOUTH CAROLINA LOCAL HOUSING TRUST FUND ENABLING ACT", TO MAKE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY, TO DEFINE CERTAIN TERMS, AND TO ALLOW A LOCAL GOVERNMENT TO CREATE AND OPERATE A "LOCAL HOUSING TRUST FUND" OR A "REGIONAL HOUSING TRUST FUND".
AYES
Mescher Drummond Setzler Leventis McConnell Moore O'Dell Reese Ford Ryberg Alexander Leatherman Verdin Grooms Malloy Bryant Peeler
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance polled out H. 3716 favorable:
H. 3716 (Word version) -- Reps. Gambrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE VITAL ROLE SOUTH CAROLINA'S COMMUNITY BANKS PLAY IN EACH LOCAL NEIGHBORHOOD AND PROCLAIM THE MONTH OF APRIL "COMMUNITY BANKING MONTH" IN SOUTH CAROLINA.
AYES
Thomas McConnell Setzler Courson Matthews Patterson Reese Hayes Jackson Martin Rankin Alexander Malloy Ritchie Cromer Pinckney
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3345 (Word version) -- Reps. Ceips, Harrison, E.H. Pitts and J.E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-618 SO AS TO DESIGNATE AUGUST 16TH EVERY YEAR AS SOUTH CAROLINA AIRBORNE HERITAGE DAY.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 344 (Word version) -- Senators McConnell, Rankin, Elliott, Knotts, Malloy, Hawkins and Vaughn: A BILL TO AMEND SECTION 38-73-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RATE FILINGS REQUIRED, SO AS TO REQUIRE WORKERS' COMPENSATION INSURERS TO FILE WITH THE DEPARTMENT OF INSURANCE THEIR LOSS COSTS MULTIPLIERS; TO AMEND THE 1976 CODE BY ADDING SECTION 28-73-525 SO AS TO PROVIDE THE TIME FRAME IN WHICH WORKERS' COMPENSATION INSURERS MUST FILE THEIR LOSS COSTS MULTIPLIERS AND TO FURTHER PROVIDE THE MINIMUM INFORMATION THAT MUST BE INCLUDED IN THEIR FILINGS; TO AMEND SECTION 38-73-960, RELATING TO EFFECTIVE DATES OF PROPERTY AND CASUALTY RATE FILINGS, SO AS TO EXCLUDE WORKERS' COMPENSATION LOSS COSTS MULTIPLIERS FROM THOSE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-965 SO AS TO PROVIDE THAT THE EFFECTIVE DATE OF FILINGS FOR WORKERS' COMPENSATION LOSS COSTS MULTIPLIERS ARE GOVERNED BY SECTION 38-73-525; AND TO AMEND SECTION 38-73-990, RELATING TO THE DISAPPROVAL OF FILINGS, SO AS TO PROVIDE THAT THE DIRECTOR OR HIS OR HER DESIGNEE HAS THE AUTHORITY TO DISAPPROVE ANY WORKERS' COMPENSATION RATES AT ANY TIME AFTER THEY BECOME EFFECTIVE IF HE OR SHE DETERMINES THE RATES DO NOT MEET THE REQUIREMENTS OF CHAPTER 73 OF TITLE 38.
S. 414 (Word version) -- Senators Land, Martin, Alexander, Cromer, Fair, Jackson, Matthews, Moore, O'Dell, Reese and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 38-78-10 THROUGH 38-78-120 AS ARTICLE 1, CHAPTER 78, TITLE 38, ENTITLED "GENERAL PROVISIONS"; AND BY ADDING ARTICLE 3 TO CHAPTER 78, TITLE 38 SO AS TO ENACT THE "VEHICLE PROTECTION PRODUCT ACT", TO PROVIDE FOR DEFINITIONS, TO REQUIRE THE REGULATION OF VEHICLE PROTECTION PRODUCT WARRANTIES, TO REQUIRE A VEHICLE PROTECTION PRODUCT WARRANTY TO ADHERE TO THE PROVISIONS OF ARTICLE 3, AND TO AUTHORIZE THE DIRECTOR OF INSURANCE TO IMPOSE CIVIL PENALTIES FOR VIOLATIONS OF ARTICLE 3.
S. 425 (Word version) -- Senators Sheheen, Vaughn and Hutto: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator SHEHEEN asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senator SHEHEEN proposed the following amendment (425R003.VAS), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered new SECTION to read:
/ SECTION ___. Section 56-3-2010 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:
"(C) If a person who qualifies for the special license plate issued under this section also qualifies for the handicapped license plate issued pursuant to Section 56-3-1960(1), then the license plate issued pursuant to this section also shall include a decal with the International Symbol of Access used on license plates issued pursuant to Section 56-3-1960(1). The decal can only be used if space is available to place the decal on the license plate without covering any identifying numbers or letters on the license plate." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
S. 312 (Word version) -- Senators Martin, Hayes, Drummond, Thomas, Verdin, Vaughn, Mescher, Cromer, Elliott, Anderson, Sheheen, Reese, O'Dell, Alexander and Short: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0312.002), which was adopted:
Amend the bill, as and if amended, by striking Section 6-23-20 in its entirety, beginning on page 1, line 35, and ending on page 3, line 3, and inserting:
/ Section 6-23-20. The following terms whenever used or referred to in this chapter shall have the following respective meaning unless a different meaning clearly appears from the context:
(a)(1) 'Area generally served by the same electric supplier' shall mean means that area located in any county or counties of this State and assigned to an electric supplier by the Public Service Commission pursuant to the provisions of Section 58-27-640 and to the Public Service Authority by Article 3 of Title 58.
(b)(2) 'Bonds' shall mean electric revenue bonds, notes, certificates, or other obligations of indebtedness of a joint agency issued under pursuant to the provisions of this chapter and shall include refunding bonds.
(c)(3) 'Cost' or 'cost of a project' shall mean means, but shall is not be limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, or extension of any a project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto to it; the cost of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing the same these; administrative, legal, engineering, and inspection expenses; financing fees, expenses, and costs; working capital; initial fuel costs; interest on the bonds during the period of construction and for such a reasonable period thereafter as may be time after that is determined by the joint agency; establishment of reserves; and all other expenditure of the joint agency incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, or extension of any project and the placing of the same them in operation.
(d)(4) 'Governing body' shall mean means, with respect to a municipality, the board, council, commission, or other legislative body charged by law with governing the municipality.
(e)(5) 'Electric supplier' means any an electric utility regulated by the Public Service Commission, electric cooperative, or municipal electric system authorized to do business within the State or the Public Service Authority.
(f)(6) 'Joint agency' shall mean means a public body and body corporate and politic organized in accordance with pursuant to the provisions of this chapter.
(g)(7) 'Municipality' shall mean means a city or town created under pursuant to the laws of the State, or any agency, board, commission, or council thereof of it, that has owned for at least ten years a system or facilities for the generation, transmission, or distribution of electric power and energy for public and private uses.
(h)(8) 'Project' means any a system or facilities for the generation, transmission, and transformation, not distribution, of electric power and energy by any means whatsoever including, but not limited to, any one or more electric generating units situated at a particular site or any interest in any of the foregoing them or any right to the output, capacity, use, or services thereof of it.
(i)(9) 'State' shall mean means the State of South Carolina. /
Amend the bill further, as and if amended, Section 6-23-30, page 3, by striking lines 16-18 and inserting:
/ chapter, as are necessary or appropriate; provided, all municipal tenants-in-common shall must be located within the area generally served by the same electric supplier; (provided, further,. The /
Amend the bill further, as and if amended, Section 6-23-40(1), page 4, by striking lines 11-16 and inserting:
/ and assuming the responsibilities of ownership in a project; provided, membership of municipalities in a joint agency shall consist only of municipalities located within the area generally served by the same electric supplier as of the date of issuance of a corporate certificate for such joint agency pursuant to Section 6-23-80. Such This resolution or ordinance shall must be /
Amend the bill further, as and if amended, page 5, after line 2, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 6-23-60(B) of the 1976 Code is amended to read:
"(B) The Public Service Commission is authorized to approve or disapprove the proposed acquisition by a joint agency of a project or projects which consist of an electric generating plant or plants and associated facilities designed for, or capable of, operation at a capacity of more than seventy-five megawatts, or which consist of electric transmission lines and associated facilities of a designed operating voltage of one hundred twenty-five kilovolts or more. There is no requirement for approval by the Public Service Commission for a project or projects for other transmission or generating facilities, or for facilities for distribution or transformation, or any of them, of electric power and energy. However, the joint agency may not acquire or purchase projects or capacity if, after the purchase or acquisition, the joint power agency would own, contract for, or control generating resources exceeding one hundred eighty-five percent of the member municipalities historical territorial peak. In determining whether it is beneficial to the joint agency, the Public Service Commission shall take into consideration, but is not limited to, the following:
(1) the economies and efficiencies to be achieved in constructing on a large scale, facilities for the generation and transmission of electric power and energy;
(2) the municipalities' needs for reserve and peaking capacity and to meet obligations under pooling and reserve-sharing agreements reasonably related to its needs for power and energy to which it is or may become a party;
(3) the estimated useful life of the project;
(4) the estimated time necessary for the planning, development, acquisition, or construction of the project and the length of time required in advance to obtain, acquire, or construct additional power supplies;
(5) the reliability and availability of existing or alternative power supply sources and the costs of the existing or alternative power supply sources; and
(6) the load forecast of capacity of a project and the utilization of the capacity by the joint agency for a reasonable period of time subsequent to the date of commercial operation of the project; and
(7) the effect of the proposed acquisition on the ability of the joint agency to satisfy existing financial and contractual obligations that it may have incurred in the acquisition of any previously acquired projects." /
Renumber sections to conform.
Amend title to conform.
Senator MOORE spoke on the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator MOORE asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B on third reading of the Bill.
There was no objection.
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT.
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 (JUD0327.002), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-5-10 of the 1976 Code is amended to read:
"Section 7-5-10. (A) Between the first day of January and the fifteenth day of March in every each even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the 'Board of Registration of __________ County'. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
(B)(1) Members Each member, and such each staff as person designated by the board, must complete, within eighteen months after their a member's initial appointment or his reappointment following a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a member or staff person has successfully completed the training and certification program, the State Election Commission must issue the member or staff person a certification, whether or not the member or staff person applies for the certification.
(2) If, except for an exceptional reason, a member appointed on or after the effective date of this item does not fulfill the training and certification program within eighteen months after his appointment, the Governor, upon notification, must remove that member from the board.
(3) Following initial completion of the training and certification program required in item (1), each board member, and each staff person designated by the board or commission, must take at least one training course each year."
SECTION 2. Section 7-5-35 of the 1976 Code is amended to read:
"Section 7-5-35. (A) If a county operates its elections through a combined election and registration commission, the structure and composition are not affected or changed by the provisions of this section. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the combined commission, mutatis mutandis.
(B)(1) Commissioners Each commissioner, and such each staff as person designated by the commission, must complete, within eighteen months after their a commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.
(2) If, except for an exceptional reason, a commissioner appointed on or after the effective date of this item does not fulfill the training and certification program within eighteen months after his appointment, the Governor, upon notification, must remove that commissioner from the commission.
(3) Following initial completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."
SECTION 3. Section 7-13-70 of the 1976 Code is amended to read:
"Section 7-13-70. (A) For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor must notify the State Election Commission in writing of the appointments. The State Election Commission must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. After their appointment, the commissioners must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.
(B) The oath must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners are appointed, or if there is no clerk of court, in the office of the Secretary of State.
(C)(1) Commissioners Each commissioner, and such each staff person as designated by the commission, must complete, within eighteen months after their the commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission must issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.
(2) If, except for an exceptional reason, a commissioner does not fulfill this training requirement, the Governor, upon notification, must remove that commissioner from the commission.
(3) Following initial completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, must take at least one training course each year."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 446 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Anderson, Vaughn, Hawkins, Scott, Williams, Drummond, Mescher, Thomas, Short, Hutto, Leatherman, Richardson, Leventis, Elliott, Patterson, Pinckney, Land, Lourie, Jackson, Peeler, Sheheen, Moore and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDIGENT DEFENSE ACT" BY ADDING SECTION 17-3-5 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE CHAPTER; BY ADDING ARTICLE 5, CHAPTER 3, TITLE 17 SO AS TO ESTABLISH CIRCUIT PUBLIC DEFENDER SELECTION PANELS, PROVIDE FOR THEIR MEMBERSHIP AND RESPONSIBILITIES RELATED TO THE APPOINTMENT OF CIRCUIT PUBLIC DEFENDERS, PROVIDE ELIGIBILITY REQUIREMENTS FOR CIRCUIT PUBLIC DEFENDERS AND ESTABLISH THEIR DUTIES, AND AUTHORIZE THE CIRCUIT PUBLIC DEFENDERS TO EMPLOY CHIEF COUNTY PUBLIC DEFENDERS AND OTHER NECESSARY PERSONNEL; TO AMEND SECTION 17-3-30, RELATING TO THE AFFIDAVIT REGARDING A PERSON'S INABILITY TO EMPLOY COUNSEL AND PAYMENT OF AN INDIGENT PERSON'S ASSETS TO THE STATE, SO AS TO PROVIDE THOSE ASSETS ARE TO BE PAID TO THE GENERAL FUND OF THE STATE; TO AMEND SECTION 17-3-50, RELATING TO FEES FOR APPOINTED COUNSEL AND PUBLIC DEFENDERS, SO AS TO DELETE OBSOLETE LANGUAGE REGARDING THE APPOINTMENT OF COUNSEL IN ACCORDANCE WITH A PLAN PROMULGATED BY THE BAR OF EACH COUNTY; TO AMEND SECTION 17-3-90, RELATING TO PAYMENT VOUCHERS FOR PRIVATE, APPOINTED COUNSEL, SO AS TO MAKE CONFORMING CHANGES AND TO AUTHORIZE THE OFFICE OF INDIGENT DEFENSE TO PRESENT THE VOUCHER TO THE TRIAL JUDGE FOR APPROVAL; BY REVISING ARTICLE 3, CHAPTER 3, TITLE 17, SO AS TO MAKE CONFORMING CHANGES TO THE ARTICLE IN RELATION TO THE ADDITION OF ARTICLE 5; AND TO REPEAL SECTION 17-3-60 RELATING TO PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER SYSTEMS IN COUNTIES AND SECTION 17-3-70 RELATING TO APPROPRIATIONS FOR MAINTENANCE OF DEFENDER CORPORATIONS AND COMPENSATION OF APPOINTED COUNSEL.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0446.001), which was adopted:
Amend the bill, as and if amended, page 17, by striking line 11 and inserting:
/ established by the commission.
(7) The commission shall establish and administer the rules and procedures for selection of members to serve on the Circuit Public Defender Selection Panels, and shall establish the rules and procedures under which the selection panels shall operate. /
Amend the bill further, as and if amended, page 22, after line 19, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. (1) Items (13) and (18) of Section 9-8-10 of the 1976 Code, as last amended by Act 249 of 2004, are further amended to read:
"(13) 'Compensation' means the total salary paid to a judge, or solicitor, or circuit public defender for service rendered to the State.
(18) 'Earned service' means paid employment as a judge, or solicitor, or circuit public defender where the judge, or solicitor, or circuit public defender makes regular contributions to the system."
(2) Section 9-8-10 of the 1976 Code, as last amended by Act 249 of 2004, is further amended by adding at the end:
"(19) 'Circuit public defender' means a person holding the office defined in Section 17-3-5(4)."
B. Section 9-8-20 of the 1976 Code is amended to read:
"Section 9-8-20. A retirement system is hereby created and placed under the administration of the board to provide retirement allowances and other benefits for judges, and solicitors, and circuit public defenders commencing July 1, 1979. It shall have has the power and privileges of a corporation and shall must be known as the Retirement System for Judges and Solicitors of the State of South Carolina, and by such this name all of its business shall must be transacted, all of its funds invested, and all of its cash, securities and other property held."
C. Section 9-8-40 of the 1976 Code is amended to read:
"Section 9-8-40. (1) All persons who are judges or solicitors on July 1, 1979, and who have not attained age seventy-two shall become members of the system as of such that date. All other persons shall become members of the system on their taking office as judge, or solicitor, or circuit public defender prior to before attaining age seventy-two.
(2) If a member of the system ceases to be a judge, or solicitor, circuit public defender for reasons other than death or retirement, he shall thereupon cease then ceases to be a member of the system, whether or not he withdraws his accumulated contributions."
D. (1) Section 9-8-50(A) of the 1976 Code, as last amended by Act 249 of 2004, is further amended to read:
"(A) An active contributing member of the system may establish service credit in the system for the same types of service, and under the same conditions, that members of the South Carolina Retirement System may establish service credit in the South Carolina Retirement System pursuant to Section 9-1-1140. With the exception of nonqualified service, as defined in Section 9-1-10(20), an active contributing member may establish service credit under this section by making a payment to the system equal to the current member contribution required for earned service pursuant to Section 9-8-130 for each year of service purchased, prorated for periods of less than a year. The cost to establish nonqualified service under this section is the same as the cost for a member to establish nonqualified service in the South Carolina Retirement System pursuant to Section 9-1-1140. A member may not establish more than sixteen years of service credit in the system under this section. A judge may not establish additional service credit under this section after attaining twenty-five years of creditable service. A solicitor or circuit public defender may not establish additional service credit under this section after attaining twenty-four years of creditable service."
(2) Section 9-8-50(D)(2)(a) of the 1976 Code, as last amended by Act 249 of 2004, is further amended to read:
"(a) return to employment as a judge, or solicitor, or circuit public defender and once again become an active contributing member of the system;"
(3) Items (1) and (3) of Section 9-8-50(E) of the 1976 Code, as last amended by Act 249 of 2004, are further amended to read:
"(1) A judge is vested in the system after attaining ten years of earned service in the position of judge, and a solicitor is vested in the system after attaining eight years of earned service as a solicitor, and a circuit public defender is vested in the system after attaining eight years of earned service as a circuit public defender.
(3) If a vested member who began service as a judge, or solicitor, or circuit public defender after June 30, 2004, has terminated service and left contributions on deposit with the system, the member is eligible for a monthly benefit beginning at age sixty-five. The member's benefit under this section is calculated by multiplying the member's monthly benefit determined in accordance with Section 9-8-60 or 9-8-70, by a fraction in which the member's total credited service in the system is the numerator and twenty-four is the denominator. The monthly benefit under this section may not exceed the member's benefit as calculated pursuant to Section 9-8-60 or 9-8-70."
E. Subsections (1) and (5) of Section 9-8-60 of the 1976 Code, as last amended by Act 249 of 2004, are further amended to read:
"(1) A member of the system may retire upon written application to the board setting forth at what time, not later than the end of the calendar year in which the member attains age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly, and has completed ten years of earned service as a judge or eight years of earned service as a solicitor or circuit public defender or was in service as a judge or solicitor on July 1, 1984, and has either:
(a) attained the age of sixty-five and completed at least twenty years of credited service; or
(b) attained age seventy and completed at least fifteen years of credited service; or
(c) completed at least twenty-five years of credited service in the system for a judge, or twenty-four years of credited service in the system for a solicitor or circuit public defender, regardless of age. A member may retire under this section if the member was a member of this system as of June 30, 2004; attained age sixty-five with at least four years' earned service in the position of judge, or solicitor, or circuit public defender; and, as of June 30, 2004, had a total of twenty-five years of credited service with the State in the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for members of the General Assembly.
A person is not eligible to receive a retirement allowance under this system while under employment covered by the South Carolina Retirement System and the South Carolina Police Officers Retirement System except as provided in Section 9-8-65.
A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly and must also be a member of the General Assembly Retirement System unless the person files a statement with the State Budget and Control Board on a form prescribed by the board electing not to participate in the General Assembly Retirement System while a member of the General Assembly. A person making this election shall not make contributions to the General Assembly Retirement System nor shall the State make contributions on the member's behalf and the person is not entitled to benefits from the General Assembly Retirement System after ceasing to be a member of the General Assembly.
(5) A member who retires, who has completed at least twenty-five years of credited service, or twenty-four years in the case of a solicitor or circuit public defender, shall receive a monthly retirement allowance which must be equal to one-twelfth of seventy-one and three-tenths percent of the current active salary of the respective position plus one-twelfth of two and sixty-seven hundredths percent of the current active salary of the respective position for each additional year of earned service over twenty-five, or twenty-four in the case of a solicitor or circuit public defender. The monthly retirement allowance may not exceed one-twelfth of ninety percent of the current active salary of the respective position."
F. Subsections (3) and (5) of Section 9-8-110 of the 1976 Code are amended to read:
"(3) If a member dies while in the service of the State, whether as a judge, or a solicitor, or circuit public defender or otherwise, and either is not married or has designated a beneficiary other than his surviving spouse, an allowance in lieu of the lump sum provided in subsection (1) shall be is payable to such the person as he shall have nominated by written designation in accordance with subsection (1) equal to the amount which would have been payable to such the person as if the deceased member had retired at the time of his death and had made an effective election under Section 9-8-70 nominating such the person as his contingent beneficiary.
(5) Upon receipt of proof, satisfactory to the board, of the death of a member in service as a judge, or solicitor, or circuit public defender who had completed at least one full year of credited service in the system or of the death of a member in service as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, there must be paid to his spouse unless he has nominated a beneficiary by written designation filed with the board, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual compensation of the member at the time his death occurs. The benefit must be payable apart and separate from the payment of the allowance, or the lump sum amount in lieu thereof, pursuant to the provisions of subsection (1), (2), or (3) above of this section. A member may designate his estate to receive this death benefit in lieu of his spouse, or other beneficiary nominated in subsection (1). For purposes of this subsection, a member is considered to be in service at the date of his death if his last day of earned service credit as a judge, or solicitor, or circuit public defender occurred not more than ninety days before his death and he has not retired or withdrawn contributions."
G. Items (1) and (2) of Section 9-8-120 of the 1976 Code, as last amended by Act 497 of 1994, are further amended to read:
"(1) If such the return is as a solicitor or circuit public defender, he shall must be a contributing member of the system and shall must be credited with all service standing to his credit at the time of his retirement. The retirement allowance payable upon his subsequent retirement shall must be based on the total of his credited service rendered before and after his return to service.
(2) Except as otherwise provided below, if this return is in a position other than as a solicitor or circuit public defender, the beneficiary, upon cessation of service in the position, is entitled to apply for a retirement allowance at the same rate to which the beneficiary was previously entitled, disregarding any reduction therein resulting from a previous election of an option. If the beneficiary's return is as a member of the General Assembly, retirement allowances continue as provided by pursuant to Section 9-8-60(1)."
H. Section 9-8-125 of the 1976 Code, as last amended by Act 63 of 1995, is further amended to read:
"Section 9-8-125. A member of the system who is at least sixty-five years of age and eligible to receive benefits pursuant to Chapter 9 of this title but for the member's current employment as a judge, or solicitor, or circuit public defender may elect to receive retirement benefits from the retirement system for members of the General Assembly by written notice to the board." /
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. 598 (Word version) -- Senators Campsen, McConnell, Moore, Fair, Grooms, Ritchie, Verdin, Malloy and Bryant: A BILL TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, BY ADDING ARTICLE 4 SO AS TO ENACT THE "TELEVISION PROGRAMMING PROTECTION ACT" TO REQUIRE A CABLE OR VIDEO SERVICE PROVIDER TO BLOCK ALL VIDEO AND AUDIO ON ANY CHANNEL THAT A SUBSCRIBER HAS NOT PURCHASED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0598.003), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 39 in its entirety and inserting:
/ must provide notice to its subscribers that /
Amend the bill further, as and if amended, page 2, by striking line 5 in its entirety and inserting:
/ that the subscriber has not purchased. The time frames stated herein shall not apply if the cable or video service provider is unable to comply with them due to circumstances beyond the cable or video service provider's control. /
Amend the bill further, as and if amended, page 2, by striking line 28 in its entirety and inserting:
/ cable or video service provider of the failed blocking. The time frames stated herein shall not apply if the cable or video service provider is unable to comply with them due to circumstances beyond the cable or video service provider's control." /
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.
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 598.
S. 389 (Word version) -- Senators Campsen, Bryant, Vaughn, Grooms, Martin, Verdin, Scott, Richardson, Fair, Ryberg, Thomas and Gregory: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AGE OF CONSENT, SO AS TO DELETE THE PROVISION THAT NO UNMARRIED WOMAN SHALL LEGALLY CONSENT TO SEXUAL INTERCOURSE WHO SHALL NOT HAVE ATTAINED THE AGE OF FOURTEEN YEARS.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator MARTIN moved that the text of the Joint Resolution be printed upon the pages of the Journal and that the Joint Resolution be ordered to receive a second reading.
S. 389 (Word version) -- Senators Campsen, Bryant, Vaughn, Grooms, Martin, Verdin, Scott, Richardson, Fair, Ryberg, Thomas and Gregory: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AGE OF CONSENT, SO AS TO DELETE THE PROVISION THAT NO UNMARRIED WOMAN SHALL LEGALLY CONSENT TO SEXUAL INTERCOURSE WHO SHALL NOT HAVE ATTAINED THE AGE OF FOURTEEN YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 33, Article III of the Constitution of this State be amended to read:
"Section 33. No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years. (Reserved)"
SECTION 2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 33, Article III of the Constitution of this State be amended so as to delete the provision that no unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Senator MARTIN explained the Joint Resolution.
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Drummond Fair Gregory Hawkins Hayes Hutto Jackson Land Leatherman Leventis Lourie Malloy Martin McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin
The necessary vote having been received, the Joint Resolution was read the second time, passed and ordered to a third reading.
H. 3218 (Word version) -- Reps. Harrison, G. Brown, Thompson and Mack: A BILL TO AMEND SECTION 61-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION 61-4-1115, AS AMENDED, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.
Senator HUTTO 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 second reading of the Bill.
Senator HUTTO proposed the following amendment (JUD3218.007), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:
TO AMEND SECTION 61-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES FOR SPECIFIC SIZED CONTAINERS THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION 61-4-1115, AS AMENDED, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-4-10 of the 1976 Code, as last amended by Act 415 of 1996, is further amended to read:
"Section 61-4-10. All beers, ales, porter, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight and all wines containing not in excess of twenty-one percent of alcohol by volume The following are declared to be nonalcoholic and nonintoxicating beverages:
(1) all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight;
(2) all beers, ales, porters, and other similar malt of fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of ten ounces or more or the metric equivalent; and
(3) all wines containing not in excess of twenty-one percent of alcohol by volume."
SECTION 2. Section 61-4-1115 of the 1976 Code, as last amended by Act 173 of 2005, is further amended to read:
"Section 61-4-1115. For the purpose of this article, when a registered producer is an importer of beer produced by a brewer located outside of the United States, the importer is considered to be the agent of the foreign brewer and an agreement subject to the provisions of this article between a wholesaler and the importer is binding on a successor importer of beer produced by that foreign brewer, its successor, or its assignee. For the purpose of this article, when a producer, as defined in Section 61-4-300, or the primary American source of supply, as defined in Section 61-4-340, who is registered to sell beer to wholesalers in this State, transfers, conveys, or assigns a brand of beer to another producer or primary American source of supply, the assignment of territory of that brand to a wholesaler, required pursuant to Section 61-4-1300, is binding on the successor producer or primary American source of supply. The successor producer or primary American source of supply and the existing wholesaler shall, in good faith, enter into a new distribution agreement that is not inconsistent with the laws of this State."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO 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.
On motion of Senator HUTTO, with unanimous consent, H. 3218 was ordered to receive a third reading on Monday, April 9, 2007.
S. 431 (Word version) -- Senators McConnell, Moore, Drummond, Setzler,Matthews, Thomas, O'Dell, Gregory, Jackson, Mescher, Rankin, Alexander, Anderson, Grooms, Scott, Williams, Cromer, Vaughn, Ritchie, Verdin, Ford, Cleary, Patterson and Hayes: A BILL TO AMEND CHAPTER 33 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENHANCE THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES SERVING CONSUMERS IN THIS STATE AND TO PROVIDE FOR REGULATORY OVERSIGHT OF THE DEVELOPMENT AND CONSTRUCTION OF BASE LOAD GENERATING PLANTS; TO AMEND SECTION 58-27-610, RELATING TO DEFINITIONS, SO AS TO DEFINE THE TERM "CORRIDOR RIGHTS"; TO AMEND SECTION 58-27-620, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO PROVIDE PARAMETERS TO DETERMINE WHICH SUPPLIER MAY SERVE PREMISES THAT CONSIST OF MULTIPLE BUILDINGS, STRUCTURES, OR FACILITIES; TO AMEND SECTION 58-27-660, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO RECOGNIZE THE AUTHORITY OF THE COMMISSION TO ACT WHEN IT FINDS THAT AN ELECTRIC SUPPLIER IS NOT PROVIDING ADEQUATE AND DEPENDABLE SERVICE; TO AMEND SECTION 58-27-865, RELATING TO FUEL COST RECOVERY, SO AS TO INCLUDE IN THE DEFINITION OF "FUEL COST" CERTAIN ENVIRONMENTAL COSTS AND EMISSIONS ALLOWANCE COSTS INCURRED IN THE PRODUCTION OF ELECTRIC POWER AND TO ALLOW THE PUBLIC SERVICE COMMISSION BY ORDER TO ALLOW ADDITIONAL ENVIRONMENTAL COSTS TO BE INCLUDED IN THE DEFINITION; AND TO AMEND SECTION 58-27-1210, RELATING TO EXTENSIONS OF SERVICE BY ELECTRIC UTILITIES, DISTRIBUTION ELECTRIC COOPERATIVES AND CONSOLIDATED POLITICAL SUBDIVISIONS, TO DEFINE THOSE SITUATIONS IN WHICH SUCH ENTITIES MUST SEEK COMMISSION APPROVAL BEFORE CONSTRUCTION OF FACILITIES.
Senator MARTIN objected to further consideration of the Bill.
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 431.
S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS A CHIEF HIGHWAY ENGINEER WHO MAY BE REMOVED BY THE BOARD FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY AND WHO, IN CONJUNCTION WITH THE BOARD, MUST CREATE THE STATEWIDE TRANSPORTATION PRIORITY PLAN; AND BY ADDING ARTICLE 7 TO CHAPTER 1 OF TITLE 57, SO AS TO CREATE THE JOINT TRANSPORTATION REVIEW COMMITTEE AND TO PROVIDE FOR THE MANNER IN WHICH DEPARTMENT OF TRANSPORTATION BOARD MEMBERS ARE SCREENED.
On motion of Senator McCONNELL, 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 RITCHIE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND CHAPTER 55, TITLE 38 OF THE 1976 CODE, RELATING TO THE CONDUCT OF THE INSURANCE BUSINESS, TO CLARIFY THE DEFINITION OF "FALSE STATEMENT AND MISREPRESENTATION", TO INCREASE ITS PENALTIES; AND TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT FOR THE INSURANCE FRAUD DIVISION; TO AMEND TITLE 42, RELATING TO WORKERS' COMPENSATION, TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS AND EVENTS FROM "PERSONAL INJURY" AND "ACCIDENT", TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE AND TO PROVIDE NOTICE AND FILING PROVISIONS, TO ADD CERTAIN EXEMPTIONS, TO LIMIT THE DISABILITY AWARD IN CERTAIN SITUATIONS, TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR THE RELEASE OF MEDICAL RECORDS, TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT, TO PROVIDE NOTICE PROVISIONS, AND TO INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR FOR SECOND INJURY FUND REIMBURSEMENT ELIGIBILITY. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MARTIN spoke on the Bill.
Senator MARTIN proposed the following Amendment P-6 (JUD0332.140), which was adopted:
Amend the bill, as and if amended, by striking line 37 on page [332-4] and inserting:
/ independent contractor and/or workers must be considered an/
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator MARTIN proposed the following Amendment No. P-7 (JUD0332.156), which was adopted:
Amend the bill, as and if amended, by striking lines 16-22, item (C)(1) on page [332-20] and inserting:
/ (1) notified by the employer, carrier, or its representative requesting the discussion or communication with the health care provider in a timely fashion, in writing or orally, of the discussion or communication. This notification must occur prior to the actual discussion or communication if the health care provider knows the discussion or communication will occur in the near future;" /
And to further amend the committee report, as and if amended, in item (C)(3), by striking lines 27-30 on page [332-20] and inserting:
/ (3) provided access to any medical documents or other information to be shown or disclosed to or by the health care provider prior to the discussion or communication. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senators McCONNELL, LAND, MARTIN, RANKIN, HUTTO, HAWKINS, RITCHIE, MALLOY and SHEHEEN proposed the following Amendment No. 1A (JUD0332.168), which was adopted:
Amend the bill, as and if amended, by striking subsections 42-1-360 (9) and (10) in their entirety, beginning on page 6, line 21, and ending on page 7, line 20, and inserting therein the following:
/ (9) an individual who owns a tractor-trailer, tractor or other vehicle, hereinafter referred to as 'vehicle', provided such purchase or installment purchase of the vehicle is not between the individual and the employer motor carrier referenced herein or an affiliate or subsidiary or related entity or person of the motor carrier, and who, under a valid independent contractor contract, provides that vehicle and the individual's services as a driver to a motor carrier. Such an individual shall be considered an independent contractor and not an employee of the motor carrier under this title. The individual and the motor carrier to whom the individual contracts or leases the vehicle may mutually agree that the individual and/or workers will be covered under the motor carrier's workers' compensation policy or authorized self-insurance if the individual agrees to pay the contract amounts requested by the motor carrier. Under any such agreement, the independent contractor and/or workers must be considered an employee of the motor carrier only for the purposes of this title and for no other purposes. As used in this subsection, an independent contractor is defined as a person who:
(a) is responsible for the maintenance of the vehicle;
(b) bears the principal burden of the vehicle's operating costs, including fuel, repairs, supplies, and personal expenses for the operator while on the road;
(c) determines compensation on factors related to the work performed, including a percentage of any schedule of rates or mileage driven and not solely on the basis of the hours of time expended; and
(d) enters into a valid independent contractor agreement which specifies the relationship to be that of an independent contractor and not that of an employee." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senators RITCHIE and SHEHEEN proposed the following Amendment No. 2 (JUD0332.116), which was adopted:
Amend the bill, as and if amended, by amending Section 42-9-30(A)(19), page 10 by striking subitem 42-9-30(A)(19), lines 12-24 and inserting:
/ (19) for the total loss of use of the back in cases where the loss of use is forty-nine percent or less, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks. In cases where there is fifty percent or more loss of use of the back, sixty-six and two-thirds percent the average weekly wages during five hundred weeks. The compensation for partial loss of use of the back shall be such proportions of the periods of payment herein provided for total loss as such partial loss bears to total loss, except that in In cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed presumed to have suffered total and permanent disability and compensated therefor under paragraph two of Section 42-9-10. The presumption set forth in this item is rebuttable;/
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator MALLOY desired to be recorded as voting against the adoption of the amendment.
Senators McCONNELL, LAND, MARTIN, RANKIN, HUTTO, HAWKINS, RITCHIE, MALLOY and SHEHEEN proposed the following Amendment No. 3 (JUD0332.160), which was adopted:
Amend the bill, as and if amended, page 8, by striking subsection 42-1-160(D), lines 13-27, and inserting:
/ (D) Stress, mental injuries and mental illness alleged to have been aggravated by a work-related physical injury shall not be found compensable unless the aggravation is:
(1) admitted by the employer/carrier;
(2) noted in a medical record of an authorized physician that, in the physician's opinion, the condition is at least in part causally-related or connected to the injury or accident, whether or not the physician refers the employee for treatment of the condition;
(3) found to be causally-related or connected to the accident or injury after evaluation by an authorized psychologist or psychiatrist; or
(4) noted in a medical record or report of the employee's physician as causally-related or connected to the injury or accident. /
Amend the bill further, as and if amended, page 9, subsection 42-1-160(G), lines 3-6, and inserting:
/ (G) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider." /
Amend the bill further, as and if amended, page 9, by striking SECTION 6 in its entirety, lines 8-34 and inserting:
/ SECTION 6. The 1976 Code is amended by adding:
"Section 42-1-172. (A) 'Repetitive trauma injury' means an injury which is gradual in onset and caused by the cumulative effects of repetitive traumatic events. Compensability of such repetitive trauma injuries shall only be determined under the provisions of this statute.
(B) No injury shall be considered a compensable repetitive trauma injury unless a commissioner makes a specific finding of fact by a preponderance of the evidence of a causal connection that is supported by medical evidence between the repetitive activities on the job and the injury.
(C) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider.
(D) A 'repetitive trauma injury' shall be considered to arise out of employment only if it is reasonably apparent upon consideration of all the circumstances that there is a direct causal relationship between the condition under which the work is performed and the injury.
(E) Upon reaching maximum medical improvement, the employee may be entitled to benefits pursuant to Section 42-9-10, Section 42-9-20, or Section 42-9-30. Medical benefits for compensable repetitive trauma injuries shall be as provided elsewhere in this title." /
Amend the bill further, as and if amended, page 12, by striking the first sentence in Section 42-9-5, lines 10-13, inserting:
/ "Section 42-9-5. Any award made pursuant to this title must be based upon specific and written detailed findings of fact substantiating the award, including consideration of any of the factors listed below and a finding on each, if evidence regarding such factors are submitted by any party: /
Amend the bill further, as and if amended, page 12, by striking item (3), lines 19-22 and inserting:
/ (3) results of any evaluative testing or assessment that address the employee's causally related medical pathology and functional limitations; /
Amend the bill further, as and if amended, page 13, by striking subsections 42-11-10(C) and (D), lines 37-43, and inserting:
/ (C) When an occupational disease has been found to arise directly and naturally from exposure in this State to hazards peculiar to the particular employment, the employee must support by medical evidence that he has contracted the disease.
(D) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider.
(E) No compensation shall be payable for any occupational disease unless the employee suffers a disability as described in Section 42-9-10 or Section 42-9-20 or Section 42-9-30." /
Amend the bill further, as and if amended, page 14, by striking Section 42-15-40 in its entirety, lines 4-22, and inserting:
/ "Section 42-15-40. The right to compensation under this title is barred unless a claim is filed with the commission within two years after an accident, or if death resulted from the accident, within two years of the date of death. However, for occupational disease claims the two-year period does not begin to run until the employee concerned has been diagnosed definitively as having an occupational disease and has been notified of the diagnosis. For the death or injury of a member of the South Carolina National Guard, as provided for in Section 42-7-67, the time for filing a claim is two years after the accident or one year after the federal claim is finalized, whichever is later. The filing required by this section may be made by registered mail, and the registry service within the time periods set forth in this section constitutes timely filing. For a 'repetitive trauma injury' as defined in Section 42-1-172, the right to compensation is barred unless a claim is filed with the commission within two years after employee knew or should have known that his injury is compensable but no more than seven years after the last date of injurious exposure. This section applies regardless of whether the employee was aware that his repetitive trauma injury was the result of his employment." /
Amend the bill further, as and if amended, page 15, by striking subsection 42-15-60(D) in its entirety, (page 15, lines 42-43, and on page 16, lines 1-9), and inserting:
/ (D) In cases in which total and permanent disability results, reasonable and necessary nursing services, medicines, prosthetic devices, sick travel, medical, hospital, and other treatment or care shall be paid during the life of the injured employee, without regard to any limitation in this title including the maximum compensation limit. In cases of partial permanent partial disability, prosthetic devices shall be also furnished during the life of the injured employee or so for as long as they such devices are necessary." /
Amend the bill further, as and if amended, page 17, by striking subsection 42-1-705(A), lines 29-39, and inserting:
/ "Section 42-1-705. (A) The commission's Employer's Answer to Request for Hearing form, hereinafter referred to as Form 51, must describe with as much specificity as possible the defenses to be relied upon by the defendants. A Form 51 shall not state that 'all defenses apply' or other similar language, unless such is actually the case. A Form 51 which does not conform to the requirements of this subsection shall not be considered at a hearing. /
Amend the bill further, as and if amended, page 28, by striking SECTION 29, lines 15-38, and inserting:
/ SECTION 29. The 1976 Code is amended by adding:
"Section 42-9-35. (A) The employee must establish by a preponderance of the evidence, including medical evidence, that:
(1) the subsequent injury aggravated the preexisting condition or permanent physical impairment; or
(2) the preexisting condition or the permanent physical impairment aggravates the subsequent injury.
(B) The commission may award compensation benefits to an employee who has a permanent physical impairment or preexisting condition and who incurs a subsequent disability from an injury arising out of and in the course of his employment for the resulting disability of the permanent physical impairment or preexisting condition and the subsequent injury. However, if the subsequent injury is limited to a single body part or member scheduled in Section 42-9-30, except for total disability to the back as provided in Section 42-9-30(19), the subsequent injury must impair or affect another body part or system in order to obtain benefits in addition to those provided for in Section 42-9-30.
(C) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider.
(D) The provisions of this section apply whether or not the employer knows of the preexisting permanent disability.
(E) On and after the effective date of this section, an employee who suffers a subsequent injury which affects a single body part or member injury set forth in Section 42-9-30 is limited to the recovery set forth in that section." /
Amend the bill further, as and if amended, page 29, by striking SECTION 31 in its entirety, lines 15-32, and inserting:
/ SECTION 31. Section 42-9-170 of the 1976 Code is amended to read:
"Section 42-9-170.(A) If an employee receives a permanent injury as specified in Section 42-9-30 or the second paragraph of Section 42-9-10 after having sustained another permanent injury in the same employment, he shall be entitled to compensation for both injuries, but the total compensation shall be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding five hundred weeks. If an employee has previously incurred permanent partial disability through the loss of a hand, arm, shoulder, foot, leg, hip, or eye and by subsequent accident incurs total permanent disability through the loss of another member, the employer's liability is for the subsequent injury only, except that such employee may receive further benefits as provided by Sections 42-7-310, 42-9-400 and 42-9-410 if his subsequent injury qualifies for additional benefits provided therein. This subsection is effective until June 30, 2008.
(B) If an employee receives a permanent injury as specified in Section 42-9-30 or the second paragraph of Section 42-9-10 after having sustained another permanent injury in the same employment, he shall be entitled to compensation for both injuries, but the total compensation shall be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding five hundred weeks. If an employee has previously incurred permanent partial disability through the loss of a hand, arm, shoulder, foot, leg, hip, or eye and by subsequent accident incurs total permanent disability through the loss of another member, the employer's liability is for the subsequent injury only, except that such employee may receive further benefits as provided by Sections 42-7-310, 42-9-400 and 42-9-410 if his subsequent injury qualifies for additional benefits provided therein under the provisions of Section 42-9-35. This subsection is effective as of July 1, 2008." /
Amend the bill further, as and if amended, page 30, by striking SECTION 33, lines 22-39, in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator SHEHEEN proposed the following Amendment No. 4A (JUD0332.169), which was adopted:
Amend the bill, as and if amended, page 23, by striking line 17 in its entirety and inserting therein the following:
/ or communication and may attend and participate. This notification must occur prior to the actual /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
Senators McCONNELL, LAND, MARTIN, RANKIN, HUTTO, HAWKINS, RITCHIE, MALLOY and SHEHEEN proposed the following Amendment No. 5 (JUD0332.167), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 28, beginning on line 29 on page 27 and inserting:
/ "SECTION 28. (A)(1) A South Carolina Workers' Compensation Study Committee is created to study other states' workers' compensation laws as they relate to awards.
(2) The study committee must make a report of its findings to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. In preparing its report, the study committee must consider:
(a) statutes, pending legislation, and case law in other states; and
(b) information solicited from or provided by experts, studies, and scholarly articles regarding methods and limitations on workers' compensation awards and the effects on premiums and worker benefits.
(B) The study committee must be composed of six members to be appointed as follows:
(1) three members of the Senate to be appointed by the President Pro Tempore of the Senate; and
(2) three members of the House of Representatives to be appointed by the Speaker of the House of Representatives.
(C) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall provide staffing for the study committee.
(D) The study committee must render its report and recommendations to the President Pro Tempore of the Senate and the Speaker of the House no later than January 15, 2012, at which time the study committee must be dissolved." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator MARTIN spoke on the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator RYBERG desired to be recorded as voting against the second reading of the Bill.
The Bill was returned to the status of Special Order.
S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO PROVIDE FOR THE RESTRUCTURING OF THE DEPARTMENT OF TRANSPORTATION. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.
There was no objection.
Senators McCONNELL and MOORE proposed the following Amendment 1B (JUD0355.033), which was adopted:
Amend the bill, as and if amended, page 2, by striking line 2 and inserting therein:
/ STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP); AND /
Amend the bill further, as and if amended, page 4, by striking line 7 after the word 'conjunction' through line 8 and inserting:
/ with the board, the Statewide Transportation Improvement Program (STIP). /
Amend the bill further, as and if amended, page 6, by striking lines 15-16 and inserting:
/ determining how to design the Statewide Transportation Improvement Program (STIP) that includes, but is not limited to, the schedule of priorities /
Amend the bill further, as and if amended, page 7, by striking lines 4-12 and inserting:
/ (5)(a) The board must finalize and approve the methodology. An approved methodology must be used in designing the Statewide Transportation Improvement Program (STIP) until the board determines that the methodology must be revised. If a methodology is revised by the board, the methodology must be approved as provided in this subsection prior to being used to design the Statewide Transportation Improvement Program (STIP). After the methodology is approved, the board, in conjunction with the chief highway engineer, must design the Statewide Transportation Improvement Program (STIP) in compliance with the approved methodology. The board must develop a schedule for designing of the Statewide Transportation Improvement Program (STIP) that meets federal and state requirements and the needs of the public.
(b) The department shall conduct one or more public hearings to receive input prior to developing the Statewide Transportation Improvement Program (STIP). If required by federal regulations, the /
Amend the bill further, as and if amended, page 7, by striking lines 30-42 and inserting:
/ (D) The department must promulgate the Statewide Transportation Improvement Program (STIP) as a regulation under the provisions of Article 3 of Chapter 23 of Title 1, the State Administrative Procedures Act. The Statewide Transportation Improvement Program (STIP) is effective only after the regulation is approved by the General Assembly as provided in Sections 1-23-120, 1-23-125, and 1-23-126. The Statewide Transportation Improvement Program (STIP) must not be promulgated as an emergency regulation under the provisions of Section 1-23-130; however, in the case of a natural disaster, revisions to the Statewide Transportation Improvement Program (STIP) may be promulgated as an emergency regulation.
(E) Any project placed in the Statewide Transportation Improvement Program (STIP) at the request of a metropolitan planning organization or a council of government must not be removed /
Amend the bill further, as and if amended, page 12, by striking line 24 and inserting:
/ thirty days after his election or appointment, and before entering /
Amend the bill further, as and if amended, page 16, by striking line 1 and inserting therein:
/ (2) in screening candidates for the board and making its /
Amend the bill further, as and if amended, page 16, by striking line 23 and inserting:
/ consideration if the member seeks reappointment to the board; /
Amend the bill further, as and if amended, page 17, by striking lines 3-11 and inserting:
/ reviewed and commented upon the proposals;
(10)(a) to submit a letter to the General Assembly indicating the review committee has reviewed and commented upon the methodology for the Statewide Transportation Improvement Program (STIP) as provided in Section 57-1-60(B)(4);
(b) following its evaluation of the Statewide Transportation Improvement Program (STIP), to submit a letter to the General Assembly indicating the review committee has reviewed and commented upon the Statewide Transportation Improvement Program (STIP) as provided in Section 57-1-60(C); /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Cleary Cromer * Drummond * Elliott Ford Jackson * Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Pinckney * Rankin Ritchie Scott Sheheen Williams
Bryant Campsen Courson Fair Gregory Grooms * Hawkins Hayes Hutto Leventis Peeler Reese Ryberg Setzler Short Thomas Vaughn Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
I reluctantly voted for the DOT Bill (S. 355) on third reading today. I have major concerns that the Bill does not provide the Governor with appointment of the director as I supported Sen. COURSON's amendment. However, it is time to move the Bill on to a conference debate with the House.
Having received a favorable report from the Aiken County Delegation, the following appointment was confirmed in open session:
Reappointment, Aiken County Master-in-Equity, with term to commence June 30, 2007, and to expire June 30, 2013
Robert A. Smoak, Jr., 218 Union Street, S. E., Aiken, S.C. 29801
Having received a favorable report from the Kershaw County Delegation, the following appointment was confirmed in open session:
Reappointment, Kershaw County Master-in-Equity, with term to commence June 30, 2007, and to expire June 30, 2013
Jeffery Marc Tzerman, 2105 Forest Dr., Camden, S.C. 29020
On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Ernest Aaron Anthony, beloved father of Representative Mike Anthony of Union, S.C.
At 1:38 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet Monday, April 9, 2007, 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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