South Carolina General Assembly
117th Session, 2007-2008
Journal of the Senate

Thursday, March 20, 2008
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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:

The Psalmist proclaimed:

"But I will hope continually, and will praise you yet more and more."       (Psalm 71:14)
  Please, let us pray:
  Holy God, we all do seek to praise You-and to honor You. And how appropriate that we do so here during Holy Week, here in South Carolina as the beauty of another springtime continues to unfold, here in this State House, wrestling further with issues of considerable importance. Lord, by Your grace allow these leaders always to embrace hope... as well as to accept the reality that nothing comes to us without the benefit of hard work, as well. May Your gracious blessings ultimately enrich the lives of all South Carolinians-always. And to You, O loving Lord, be the glory. Amen.

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

Doctor of the Day

Senator COURSON introduced Dr. V. Al Pakalnis of Columbia, S.C., Doctor of the Day, along with first year medical student, Doug McDonald.

Leave of Absence

On motion of Senator THOMAS, at 10:05 A.M., Senator COURSON was granted a leave of absence for today.

CO-SPONSOR ADDED

The following co-sponsor was added to the respective Bill:
S. 1213 (Word version)     Sen. Scott

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1216 (Word version) -- Senators Reese, Ritchie, Peeler and Hawkins: A JOINT RESOLUTION AUTHORIZING THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO EIGHT MILLION DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, TO ERECT AND FURNISH A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY, TO FURNISH AND UPGRADE INFORMATION TECHNOLOGY UPGRADES FOR THE GAFFNEY AND UNION WORKFORCE CENTERS, TO EXPAND THE LANCASTER WORKFORCE CENTER, TO IMPROVE THE SENECA WORKFORCE CENTER PARKING LOT, TO DEVELOP AUTOMATED PAYMENT SYSTEMS FOR THE TRADE READJUSTMENT ALLOWANCES PROGRAM AND THE DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM, TO PROVIDE COMPUTER AND INFORMATION TECHNOLOGY UPGRADES FOR EMPLOYMENT AND TRAINING AND ADMINISTRATIVE DIVISIONS, AND TO PROVIDE ADMINISTRATIVE FUNDING FOR THE UNEMPLOYMENT COMPENSATION PROGRAM.
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Read the first time and referred to the Committee on Finance.

S. 1217 (Word version) -- Senators Leatherman and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3685 SO AS TO ESTABLISH A TAX CREDIT AGAINST THE STATE'S INCOME TAX FOR AN EMPLOYER WHO PROVIDES OR SPONSORS A BASIC SKILLS EDUCATION PROGRAM, PROVIDE FOR QUALIFICATIONS FOR THE PROGRAM AND ELIGIBILITY FOR THE CREDIT, AS DETERMINED BY THE DEPARTMENT OF COMMERCE, THE PROCESS FOR CLAIMING THE CREDIT, AND DEFINITIONS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO TAXPAYERS WHO QUALIFY FOR AN ANNUAL JOB TAX CREDIT AGAINST THE STATE'S INCOME TAX, BANK TAX, OR INSURANCE PREMIUM TAX, SO AS TO PROVIDE FOR DESIGNATION OF EACH COUNTY BY THE DEPARTMENT OF COMMERCE AS A TIER ONE, TIER TWO, OR TIER THREE COUNTY PURSUANT TO ITS DEVELOPMENT FACTOR, TO DESCRIBE AND DEFINE A QUALIFYING FACILITY, TO MODIFY THE AMOUNTS OF THE CREDITS FOR JOB CREATION, TO SPECIFY MAINTENANCE OF STATEWIDE EMPLOYMENT, TO FURTHER DEFINE TERMS, AND TO DESCRIBE NEW ELIGIBILITY FOR THE JOB TAX CREDIT; TO AMEND SECTION 12-6-3367, RELATING TO THE MORATORIUM ON TAXES FOR CERTAIN COMPANIES CREATING NEW JOBS IN THE STATE, AND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER INCOME TAX CREDIT FOR HIRING A PERSON RECEIVING FAMILY INDEPENDENCE PAYMENTS, BOTH SO AS TO CONFORM TO THE NEW COUNTY DESIGNATIONS; TO AMEND SECTION 12-6-3530, AS AMENDED, RELATING TO CREDIT AGAINST THE STATE INCOME, BANK, OR INSURANCE PREMIUM TAX, SO AS TO REDEFINE QUALIFICATIONS AND PROCESSES FOR CLAIMING THE CREDIT FOR AMOUNTS DONATED TO A COMMUNITY DEVELOPMENT CORPORATION AND TO LIMIT THE AGGREGATE AMOUNT OF THE CREDITS; TO AMEND SECTIONS 12-10-60, 12-10-80, 12-10-81, 12-10-85, ALL AS AMENDED, AND 12-10-90, ALL RELATING TO THE ENTERPRISE ZONE ACT OF 1995 PROVIDING FOR A JOB DEVELOPMENT TAX CREDIT AVAILABLE TO A QUALIFYING BUSINESS IN CONNECTION WITH JOB CREATION AND MINIMUM INVESTMENT IN ACCORDANCE WITH A REVITALIZATION AGREEMENT WITH THE SOUTH CAROLINA COORDINATING COUNCIL, SO AS TO CONFORM THE PROVISIONS TO THE NEW COUNTY DESIGNATIONS; AND TO REPEAL CHAPTER 14 OF TITLE 12 RELATING TO THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995 AND A TAX CREDIT FOR CERTAIN MANUFACTURERS MAKING QUALIFIED INVESTMENTS.
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Read the first time and referred to the Committee on Finance.

S. 1218 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 15-5-150 OF THE 1976 CODE, RELATING TO FOREIGN CORPORATIONS AS DEFENDANTS IN CIVIL ACTIONS, TO PROVIDE THAT A RESIDENT OF THIS STATE MAY ACT AS A CLASS REPRESENTATIVE IN A CLASS ACTION WHEN THE CLASS INCLUDES NON-RESIDENTS OF THIS STATE.
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Read the first time and referred to the Committee on Judiciary.

S. 1219 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 23-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF SHERIFF DEPUTIES, SO AS TO DELETE THE PROVISIONS THAT PROVIDE THAT A DEPUTY SHERIFF SERVES AT THE PLEASURE OF THE SHERIFF AND A SHERIFF IS ANSWERABLE FOR NEGLECT OF DUTY OR MISCONDUCT IN OFFICE OF A DEPUTY, AND TO PROVIDE THAT A DEPUTY HAS THE SAME EMPLOYMENT AND GRIEVANCE RIGHTS AS OTHER COUNTY EMPLOYEES.
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Read the first time and referred to the Committee on Judiciary.

S. 1220 (Word version) -- Senators McConnell, Gregory, Ford, Martin, Ritchie, Sheheen, Lourie and Campbell: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF THE LIMIT ON STATE SPENDING IMPOSED PURSUANT TO SECTION 7(C), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO REVISE THIS LIMIT BY IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES AND THE CREATION OF A SEPARATE BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT, THE REVENUES OF WHICH MUCH FIRST BE USED TO STABILIZE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION, TO PROVIDE FOR SUSPENSION OF THIS APPROPRIATIONS LIMIT IN EMERGENCIES AND DEFINE EMERGENCIES, TO PROVIDE THAT A CASH BALANCE IN THE BUDGET STABILIZATION FUND IN EXCESS OF FIFTEEN PERCENT OF GENERAL FUND REVENUES OF THE MOST RECENT COMPLETED FISCAL YEAR MAY BE APPROPRIATED IN SEPARATE LEGISLATION FOR VARIOUS NONRECURRING PURPOSES, AND TO DEFINE SURPLUS GENERAL FUND REVENUES.
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Senator McCONNELL spoke on the Bill.

Read the first time and, on motion of Senator McCONNELL, with unanimous consent, the Bill was referred to the Committee on Judiciary.

S. 1221 (Word version) -- Senators Hutto and Massey: A BILL TO REPEAL ARTICLE 3, CHAPTER 3, TITLE 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CIVIL PROCEDURE IN MAGISTRATES COURT.
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Read the first time and referred to the Committee on Judiciary.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4560 (Word version) -- Rep. Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2025 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE EMERGENCY WAIVERS OF THE REGISTRATION AND LICENSING REQUIREMENTS OF MOTOR CARRIERS THAT PROVIDE HUMANITARIAN RELIEF DURING THE TIME OF AN EMERGENCY.

H. 4830 (Word version) -- Reps. Shoopman, Harrell, Leach, Mahaffey, Bedingfield, Bannister, Haskins, Walker, Anthony, Mitchell, Talley, Cato, G.R. Smith, Allen, Hamilton, Kelly, Littlejohn, Rice and W.D. Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2009 AND 2010, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED TWENTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.

THIRD READING BILLS

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

S. 590 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 3, TITLE 24 OF THE 1976 CODE, RELATING TO THE STATE PRISON SYSTEM, TO SUBSTITUTE TERMS, TO PROVIDE FOR INMATE WORK AND INMATE WAGES, TO PROVIDE FOR PLACES OF CONFINEMENT, TO PROVIDE FOR CONJUGAL VISITS, TO PROVIDE FOR INMATE TRANSPORTATION, TO PROVIDE FOR INVESTIGATIONS OF MISCONDUCT, TO MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 5, TITLE 24 RELATING TO JAILS, TO SUBSTITUTE TERMS, TO PROVIDE FOR THE EMPLOYMENT OF A JAILER, TO PROVIDE FOR BLANKETS AND BEDDING TO PRISONERS, TO PROVIDE FOR RESERVE DETENTION OFFICERS, TO MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 6, TITLE 24 RELATING TO INMATES, TO SUBSTITUTE TERMS, TO PROVIDE FOR HEALTH CARE SERVICES FOR INMATES, TO PROVIDE FOR CONTRABAND, TO MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 9, TITLE 24 RELATING TO THE JAIL INSPECTION PROGRAM, TO SUBSTITUTE TERMS AND MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 13, TITLE 24 RELATING TO THE INCARCERATION OF PRISONERS, TO SUBSTITUTE TERMS AND MAKE TECHNICAL CHANGES; AND TO REPEAL SECTIONS OF TITLE 24 RELATING TO CORRECTIONS.
(ABBREVIATED TITLE)

Senator FAIR explained the Bill.

S. 605 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF A MOTOR VEHICLE LICENSE PLATE, SO AS TO PROVIDE THAT IF A MOTORCYCLE IS EQUIPPED WITH VERTICALLY MOUNTED LICENSE PLATE BRACKETS, ITS LICENSE PLATE MUST BE MOUNTED VERTICALLY WITH ITS TOP FASTENED ALONG ITS RIGHT VERTICAL EDGE.

S. 688 (Word version) -- Senators Hawkins, Williams, Ritchie, Grooms, O'Dell, Leatherman, Hayes, Leventis, Land, Campsen, McGill, Short, Bryant, Moore, Vaughn and Pinckney: A BILL TO AMEND SECTION 56-3-9600(B) OF THE 1976 CODE, RELATING TO "NO MORE HOMELESS PETS" SPECIAL LICENSE PLATES, TO PROVIDE THAT FROM THE FUNDS COLLECTED FROM THE LICENSE FEE, THE DEPARTMENT OF AGRICULTURE MAY AWARD GRANTS TO NONPROFIT ORGANIZATIONS OFFERING ANIMAL SPAYING AND NEUTERING PROGRAMS FOUR TIMES A YEAR INSTEAD OF ONCE A YEAR.

S. 971 (Word version) -- Senators McConnell and Knotts: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 101 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE VETERANS' LICENSE PLATES FOR INDIVIDUALS WHO SERVED IN THE MILITARY AND WERE HONORABLY DISCHARGED.

S. 1045 (Word version) -- Senators Anderson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP GUIDELINES FOR APPROPRIATE INSTRUCTION IN THE PREVENTION OF AND PENALTIES FOR LYNCHING, FIGHTING, AND GANG ACTIVITY AND TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL PROVIDE THIS INSTRUCTION DURING THE FIRST WEEK OF THE SCHOOL YEAR.

By prior motion of Senator ANDERSON, with unanimous consent

S. 1117 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 101 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE UNITED STATES ARMED SERVICES VETERANS SPECIAL LICENSE PLATES.

S. 1209 (Word version) -- Senator Patterson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 10, 2007, BY THE STUDENTS OF GREENVIEW ELEMENTARY SCHOOL WHEN THE SCHOOL WAS CLOSED DUE TO A COLLAPSED CEILING, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER DISRUPTIONS BE MADE UP.

SECOND READING BILLS

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

S. 343 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-910 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE FEES, TO PROVIDE THAT FEES BE PLACED IN THE STATE HIGHWAY ACCOUNT OF THE TRANSPORTATION INFRASTRUCTURE BANK INSTEAD OF THE DEPARTMENT OF TRANSPORTATION.

Senator GROOMS explained the Bill.

S. 187 (Word version) -- Senators Gregory, Vaughn, Knotts and Lourie: A BILL TO AMEND SECTION 41-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF USING TOBACCO PRODUCTS OUTSIDE OF THE WORKPLACE AS THE BASIS FOR TAKING A PERSONNEL ACTION AGAINST AN EMPLOYEE, SO AS TO AUTHORIZE AN EMPLOYER TO ADVERTISE FOR NONSMOKER EMPLOYEES AND DESIGNATE IN HIS ADVERTISEMENT THAT THE WORKPLACE IS A NONSMOKING ENVIRONMENT.

The Bill was read the second time and ordered placed on the third reading Calendar.

S. 187--Objection to Third Reading

Senator RYBERG asked unanimous consent to give the Bill a third reading on the next legislative day.

Senator McCONNELL objected.

S. 1047 (Word version) -- Senators Grooms, Campbell and Campsen: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO CREATE NEW PRECINCTS, REDESIGNATE AND RENAME CERTAIN PRECINCTS, AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.

S. 1047--Ordered to a Third Reading

On motion of Senator GROOMS, with unanimous consent, S. 1047 was ordered to receive a third reading on Monday, March 24, 2007.

H. 4492 (Word version) -- Reps. Young, Harrell and Hutson: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.

AMENDED, READ THE SECOND TIME

S. 833 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE TO VARY THESE REGULATIONS.

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

Senator HUTTO proposed the following amendment (JUD0833.012), which was adopted:

Amend the bill, as and if amended, page 3, by striking lines 10-13 and inserting:

/   (D)   This section does not apply to accepted animal husbandry practices of farm operations, agricultural practices, wildlife management practices, or livestock.

(E)   Nothing in this section prohibits local governments from adopting more stringent local ordinances governing the confinement or restraining of an animal; however, a local government may assess only civil penalties for such ordinances."   /

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.

AMENDED, READ THE SECOND TIME

S. 1182 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO STUDY THE FEASIBILITY AND BENEFITS OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF TRANSPORTATION INFRASTRUCTURE THROUGH THE UTILIZATION OF PUBLIC PRIVATE PARTNERSHIPS AND VENTURES AND TO PROVIDE FOR THE OPERATIONS OF THE STUDY COMMITTEE.

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

Senator GROOMS proposed the following amendment (1182R001.LKG), which was adopted:

Amend the bill, as and if amended, on page 1, by striking lines 22 - 25 and inserting:

/     SECTION   1.   (A)   A study committee is established to study the feasibility and benefits of the construction, operation, and maintenance of roads, streets, highways, bridges, and tunnels through the utilization of public private partnerships and ventures.     /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The amendment was adopted.

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

CARRIED OVER

S. 928 (Word version) -- Senator Verdin: A BILL TO AMEND TITLE 46 OF THE 1976 CODE, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53, TO LIMIT THE LIABILITY THAT AN AGRITOURISM PROFESSIONAL MAY INCUR DUE TO AN INJURY OR DEATH SUFFERED BY A PARTICIPANT IN AN AGRITOURISM ACTIVITY, TO PROVIDE THAT AN AGRITOURISM PROFESSIONAL MUST POST A WARNING NOTICE AT THE AGRITOURISM FACILITY, TO PROVIDE THAT WARNING NOTICES MUST BE INCLUDED IN CONTRACTS THE AGRITOURISM PROFESSIONAL ENTERS INTO WITH PARTICIPANTS, TO PROVIDE THAT PARTICIPANTS MUST SIGN A FORM CONTAINING A WARNING NOTICE STATING THE RISKS ASSOCIATED WITH AN AGRITOURISM ACTIVITY, AND TO PROVIDE THAT THE AGRITOURISM PROFESSIONAL'S LIABILITY IS NOT LIMITED IF THE PROPER WARNING NOTICES ARE NOT PROVIDED TO PARTICIPANTS.

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

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

MOTION WITHDRAWN

S. 797 (Word version) -- Senators Hutto, Land and Lourie: 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.

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

Point of Order

Senator MARTIN raised a Point of Order that the motion was out of order inasmuch as there were already two Bills in the category of Special Order and that category was full.

The PRESIDENT sustained the Point of Order.

Senator HUTTO withdrew the motion to make the Bill a Special Order.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

H. 3212 (Word version) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over.

ADOPTED

H. 4823 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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 REQUEST MARK SANFORD, GOVERNOR OF SOUTH CAROLINA, ACTING WITH OR THROUGH APPROPRIATE EXECUTIVE BRANCH AGENCIES, TO APPLY FOR AN EXTENSION OF THE DEADLINE TO COMPLY WITH THE FEDERAL REAL ID ACT BEFORE THE DEADLINE OF MARCH 31, 2008, WHICH WILL ALLOW SOUTH CAROLINA TO ANALYZE THE IMPACT OF THE REAL ID ACT BUT WHICH WILL NOT REQUIRE SOUTH CAROLINA TO DECLARE ITS INTENT TO COMPLY WITH THIS ACT THEREBY ALLOWING THE STATE'S CURRENT CREDENTIALS TO BE RECOGNIZED AND ACCEPTED DURING THE EXTENSION PERIOD BY THE FEDERAL GOVERNMENT AND THE DEPARTMENT OF HOMELAND SECURITY.

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

Senator KNOTTS explained the Concurrent Resolution.

Amendment No. 2

Senator RYBERG proposed the following Amendment No. 2 (4823R002.WGR), which was tabled:

Amend the bill, as and if amended, page 2, by striking lines 25 through 34 and inserting:

/   The Attorney General may challenge the legality or constitutionality of the REAL ID Act of 2005. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

Senator MARTIN spoke on the amendment.

Motion Adopted

On motion of Senator MATTHEWS, with unanimous consent, Senators MATTHEWS, HAYES, ANDERSON, SHORT and PATTERSON were granted leave to attend a subcommittee meeting, be counted in any quorum calls and be granted leave to vote from the balcony.

Senator MARTIN resumed speaking on the amendment.

Senator MARTIN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator CAMPSEN argued contra to the adoption of the Concurrent Resolution.

Senator RYBERG argued contra to the adoption of the Concurrent Resolution.

Point of Quorum

At 11:59 A.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was present.

Senator RYBERG resumed arguing contra to the adoption of the Resolution.

The question was the adoption of the Concurrent Resolution.

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

Ayes 31; Nays 7

AYES

Alexander                 Campbell                  Ceips
Cleary                    Cromer                    Elliott *
Fair                      Hawkins *                 Hayes
Jackson                   Knotts                    Leatherman *
Leventis                  Lourie                    Malloy
Martin                    Massey                    Matthews
McConnell                 McGill                    O'Dell
Patterson                 Peeler                    Rankin
Reese                     Ritchie                   Scott
Setzler                   Sheheen                   Short
Thomas

Total--31

NAYS

Bryant                    Campsen                   Ford
Grooms                    Hutto                     Ryberg
Verdin

Total--7

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

Statement by Senators RYBERG and BRYANT

We voted against H. 4823 to ask for an extension for compliance to the federal REAL ID Act, because an extension is the first stage of compliance leading ultimately to full compliance with the REAL ID Act.

Statement by Senators CAMPSEN, GROOMS
BRYANT and VERDIN

We are firmly opposed to the unfunded federal mandate of Real ID. We are also in favor of the Governor requesting an extension of time for compliance with Real ID after he has exhausted all possible means to have the federal mandates upon the states relaxed.

We voted against the resolution for several reasons. The first reason is that it will have no legal effect. According to federal law and regulation, the Governor, not the General Assembly, is vested with the power to request an extension. Secondly, today the Governor is conferencing with Secretary Chertoff and several other governors from states that have resisted compliance with Real ID. The subject of this working group is how the federal mandates might be relaxed to be more palatable to the states. We don't want to undermine Governor Sanford's efforts in this regard at the very moment he is negotiating with the federal government. Thirdly, each of us has personally asked the Governor to file for an extension after he has exhausted all possible means of having the mandates of Real ID relaxed.

On motion of Senator MARTIN, with unanimous consent, the Senate proceeded to a consideration of H. 3212.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3212 (Word version) -- Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

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

Amendment No. 1

Senators RITCHIE and KNOTTS proposed the following Amendment No. 1 (3212R002.JHR), which was adopted:

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

/   SECTION   1.   Section 23-31-215(N) of the 1976 Code, as last amended by Act 347 of 2006, is further amended to read:

"(N)   Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this article and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity."     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

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

Statement by Senator RYBERG

I voted against H. 3212 as it continues the illegal discrimination against lawful gun owners from other states that is currently in place.

ADJOURNMENT

At 12:16 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet Monday, March 24, 2008, 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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