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:
Beloved, hear a word about the oracle the prophet Habakkuk saw, Chapter 2:1-2:
"I will stand at my watch post and station myself on the rampart... then the Lord said 'write the vision, make it plain on tablets, so that a runner may read it'."
Let us pray.
We thank You for our gifted and loyal staff who help us clarify our vision and help us bring reality to our dreams for South Carolina.
Lord, give us a vision! With all our technologies, we have a feeling that things ought to be better.
Teach us the miracles of redeeming faith!
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:
Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2005, and to expire April 1, 2009
Governor:
Harriet S. Johnson, 236 Camille Avenue, Greenville, S.C. 29605 VICE Mel Weaver
Referred to the Committee on Education.
Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2005, and to expire June 30, 2009
5th Congressional District:
Samuel Cerezo, 1490 Shiver Pond Road, Camden, S.C. 29020 VICE Betty Davis
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2005, and to expire October 18, 2009
At-Large:
Margaret C. Pope, Haynsworth, Sinkler and Boyd, P. A., 1201 Main St., Suite 2200, P.O. Box 11889, Columbia, S.C. 29211-1889 VICE Eleanor Kitzman
Referred to the Committee on Judiciary.
Reappointment, State Board of Pharmacy, with term to commence June 30, 2005, and to expire June 30, 2011
1st Congressional District:
James R. Bradham, R.Ph., 684 Marsh Point Drive, Charleston, S.C. 29412
Referred to the Committee on Medical Affairs.
Senator J. VERNE SMITH introduced Dr. Hal Shaw of Greenville, S.C., Doctor of the Day.
At 10:30 A.M., Senator CROMER requested a leave of absence from 10:45 - 11:45 A.M.
Senator BRYANT rose for an Expression of Personal Interest.
At 10:29 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:30 P.M.
There was no objection and a message was sent to the House accordingly.
H. 3994 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE LONG AND DISTINGUISHED CAREER OF THE HONORABLE A. LEE CHANDLER AND TO DECLARE MAY 26, 2005, "JUSTICE A. LEE CHANDLER DAY" IN SOUTH CAROLINA.
Senator McCONNELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.
There was no objection.
The Resolution was recalled from the committee.
Senator McCONNELL asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Concurrent Resolution was adopted, ordered returned to the House.
The following were introduced:
S. 804 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF FURLOUGHS TO CERTAIN INMATES CONFINED IN THE STATE PRISON SYSTEM, SO AS TO PROVIDE THAT CERTAIN INMATES MAY APPLY FOR A MEDICAL FURLOUGH UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT AN INMATE WHO RECEIVES A FURLOUGH PURSUANT TO THIS PROVISION MUST BE EQUIPPED WITH AN ELECTRONIC MONITORING DEVICE.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 805 (Word version) -- Senators Alexander, Cromer, Drummond, Hutto and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-395 SO AS TO PROVIDE THAT BEGINNING JANUARY 1, 2007, A SCHOOL MAY NOT POSSESS, USE, OR PURCHASE ELEMENTAL MERCURY OR A MERCURY COMPOUND; AND TO PROVIDE
Read the first time and referred to the Committee on Education.
S. 806 (Word version) -- Senators Sheheen, Campsen, Hutto, Leventis, Bryant, Grooms and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-30 SO AS TO CREATE A CAUSE OF ACTION FOR ALIENATION OF AFFECTIONS, TO PROVIDE THE ELEMENTS OF THE CAUSE OF ACTION, AND TO PROVIDE A DEFENSE TO THE CAUSE OF ACTION.
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Read the first time and referred to the Committee on Judiciary.
S. 807 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO PROVIDE PROCEDURES FOR RIGHT TO CURE NONRESIDENTIAL CONSTRUCTION DEFECTS BEFORE A CIVIL ACTION OR OTHER REMEDY PROVIDED BY LAW OR CONTRACT MAY BE INSTITUTED OR CONTINUED.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 808 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO DEVOLVE THE AUTHORITY TO APPOINT THE MEMBERS OF THE RICHLAND COUNTY RECREATION COMMISSION FROM THE RICHLAND COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF RICHLAND COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator COURSON, S. 808 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M. A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D. C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E. H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON BENEFITS FINANCIALLY AS A DIRECT RESULT OF HIS PARTICIPATION IN AN INVOLUNTARY SERVITUDE OFFENSE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, SO AS TO REFERENCE ENGAGING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY OR A SEXUALLY EXPLICIT PERFORMANCE AND TO PROVIDE AN INCREASED PENALTY IF A PERSON VIOLATES THE PROVISIONS OF THIS SECTION AND USES OVERT FORCE OR THE THREAT OF OVERT FORCE.
Read the first time and referred to the Committee on Judiciary.
H. 3222 (Word version) -- Reps. Leach, Hinson, Cobb-Hunter, E. H. Pitts, Ceips and Mahaffey: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO
Read the first time and referred to the Committee on Judiciary.
H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.
Read the first time and referred to the Committee on Judiciary.
H. 3240 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46 RELATING TO THE GRAIN DEALERS GUARANTY FUND IS REPEALED UPON CERTIFICATION BY THE COMMISSIONER OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE GUARANTY FUND FROM THE STATE INSURANCE RESERVE FUND HAVE BEEN PAID IN FULL.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3296 (Word version) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G. R. Smith, J. R. Smith, Vaughn, Battle, Cobb-Hunter, Neilson, Clark, Skelton, Kirsh, Moody-Lawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J. E. Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips,
Read the first time and referred to the Committee on Finance.
H. 3301 (Word version) -- Reps. Vaughn, Cotty, Leach, Clyburn, Whipper, Pinson, Phillips, E. H. Pitts, Davenport, Chellis, Tripp, Townsend, Harrison, Viers, Haskins, Frye, Hamilton, Hardwick, Herbkersman, Loftis, M. A. Pitts, Sandifer, Sinclair, D. C. Smith, J. R. Smith, Stewart, Toole, Witherspoon, Mahaffey, Talley, Neilson and Bales: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR THE PERSON OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
Read the first time and referred to the Committee on Finance.
H. 3305 (Word version) -- Reps. J. E. Smith, Bales, Scott, Rutherford, Cotty, Ballentine, Bingham, Brady, J. Brown, Haley, Harrison, Hayes, J. Hines, Howard, Jennings, J. H. Neal, Neilson, Toole, Viers, Harrell, Ceips, Duncan, Walker, Mahaffey, Chellis and Whipper: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF REAL PROPERTY TAXES, SO AS TO AUTHORIZE MONTHLY INSTALLMENTS.
Read the first time and referred to the Committee on Finance.
H. 3318 (Word version) -- Reps. Young, Chellis, Bailey and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT CONTINUING EDUCATION COURSES TAKEN OUT OF STATE BY A COSMETOLOGIST LICENSED IN THIS STATE MUST COUNT TOWARD THE COSMETOLOGIST'S ANNUAL SOUTH CAROLINA CONTINUING EDUCATION REQUIREMENTS IN A MANNER PROVIDED BY THE BOARD.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3453 (Word version) -- Reps. Limehouse, Altman, Barfield, Bailey, Rice, Scarborough, Wilkins, Owens, Clemmons, Hagood and Mahaffey: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND OF THE COMBINED VALUE OF A WATERCRAFT AND ITS MOTOR, IF TAXED SEPARATELY, TO LIMIT TO ONE THOUSAND FIVE HUNDRED DOLLARS THE PROPERTY TAX DUE ON THE WATERCRAFT OR BOTH THE WATERCRAFT AND THE MOTOR, FOR ONE PROPERTY-TAX YEAR.
Read the first time and referred to the Committee on Finance.
H. 3513 (Word version) -- Reps. Brady, Pinson, Emory, Bales, Barfield, Chellis, Dantzler, Kennedy, Leach, Lucas, Martin, J. M. Neal, M. A. Pitts, G. R. Smith and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING
Read the first time and referred to the Committee on Judiciary.
H. 3523 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET AND CONTROL BOARD SHALL DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
Read the first time and referred to the Committee on Corrections and Penology.
H. 3582 (Word version) -- Reps. McLeod, Clark, J. E. Smith, Hosey, Moody-Lawrence, Anderson, Bailey, Bowers, Breeland, J. Brown, R. Brown, Davenport, Haskins, M. Hines and Sinclair: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAD POISONING PREVENTION AND CONTROL SO AS TO RENAME THIS ARTICLE THE "CHILDHOOD LEAD POISONING PREVENTION AND CONTROL ACT", TO CLARIFY THAT THE ARTICLE ADDRESSES CIRCUMSTANCES RELATING TO CHILDREN AND LEAD POISONING, TO FURTHER SPECIFY SURFACES IN A DWELLING OR FACILITY THAT MAY CONTAIN A LEAD-BASED HAZARD, TO UPDATE REQUIREMENTS FOR EDUCATION AND PUBLIC AWARENESS PROGRAMS, INVESTIGATIONS, AND RECORDKEEPING, TO REVISE PROCEDURES FOR THE ISSUANCE AND EXECUTION OF AN ADMINISTRATIVE WARRANT TO INVESTIGATE LEAD-BASED HAZARDS, TO REQUIRE LABORATORIES TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESULTS OF ANY BLOOD LEAD ANALYSES CONDUCTED ON CHILDREN UNDER THE AGE OF SIX, TO
Read the first time and referred to the Committee on Medical Affairs.
H. 3621 (Word version) -- Reps. Altman, Ceips, Limehouse, Scarborough, Scott and Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED NOT MORE THAN FOUR TIMES IN A CALENDAR YEAR BY A CHARITABLE, RELIGIOUS, COMMUNITY-SERVICE, EDUCATION-RELATED, OR FRATERNAL ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION IN WHICH ALL RAFFLE PROCEEDS EXCEPT FOR THE COSTS OF PRIZES AND THE COSTS OF PRINTING TICKETS ARE USED EXCLUSIVELY FOR THE ORGANIZATION'S TAX EXEMPT PURPOSES IS NOT A LOTTERY PROHIBITED BY THE CONSTITUTION OF THIS STATE.
Read the first time and referred to the Committee on Judiciary.
H. 3640 (Word version) -- Reps. White and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT GROUND BEEF PREPARED BY A FOOD-SERVICE PROVIDER FOR PUBLIC CONSUMPTION MUST BE COOKED TO AT LEAST ONE HUNDRED FIFTY-FIVE DEGREES FAHRENHEIT UNLESS OTHERWISE ORDERED BY THE IMMEDIATE CONSUMER AND TO PROVIDE IMMUNITY FROM LIABILITY FOR SERVING BEEF COOKED AT SUCH TEMPERATURE UPON REQUEST AND TO REQUIRE A FOOD SERVICE PROVIDER TO PROVIDE A WRITTEN OR VERBAL WARNING OF THE RISKS OF EATING SUCH GROUND BEEF.
Read the first time and referred to the Committee on Medical Affairs.
H. 3650 (Word version) -- Reps. W. D. Smith, Hagood and McLeod: A BILL TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.
Read the first time and referred to the Committee on Medical Affairs.
H. 3673 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; BY ADDING SECTION 59-101-430 SO AS TO AUTHORIZE THE GOVERNING BODY OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING TO ENTER INTO GROUND LEASE OR LEASE-PURCHASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS
Read the first time and referred to the Committee on Education.
H. 3674 (Word version) -- Reps. Bingham and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-275 SO AS TO AUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY TO ISSUE LICENSES BY CREDENTIALS TO PRACTICE DENTISTRY AND TO ESTABLISH THE CRITERIA FOR OBTAINING SUCH LICENSURE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3725 (Word version) -- Reps. Hinson, Merrill, Altman, Clyburn, Dantzler, Huggins, Scarborough and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE
Read the first time and referred to the Committee on Finance.
H. 3742 (Word version) -- Reps. Harrell, Toole, Haley, Ballentine, Miller, Cobb-Hunter, Ott, J. H. Neal, Anthony, Phillips, Coleman, Battle, E. H. Pitts, Merrill, Hinson, Huggins, Frye, Clark, Duncan, Bingham, Thompson, Ceips, Mahaffey and Chellis: A BILL TO AMEND SECTION 11-35-1524, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENT VENDOR PREFERENCE FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REPLACE THIS PREFERENCE WITH A BEST-VALUE ANALYSIS OF BIDS FOR THE PURPOSE OF PROMOTING PRODUCTS MADE, MANUFACTURED, AND GROWN IN SOUTH CAROLINA AND FOR THE PURPOSE OF PROMOTING SERVICES PROVIDED BY WORKERS RESIDING IN THIS STATE AND END-PRODUCTS AVAILABLE FROM RESIDENT VENDORS.
Read the first time and referred to the Committee on Finance.
H. 3832 (Word version) -- Reps. J. E. Smith, Cotty, Scott, Haskins, Cato, Davenport, Altman, Anthony, Battle, Brady, Branham, Breeland, J. Brown, R. Brown, Cobb-Hunter, Coleman, Cooper, Dantzler, Edge, Funderburk, Hagood, Harrison, Hayes, J. Hines, Howard, Huggins, Jefferson, Jennings, Kirsh, Lee, Limehouse, Martin, McLeod, Merrill, Miller, J. M. Neal, Ott, Parks, Perry, Pinson, Rivers, D. C. Smith, Thompson, Townsend, Vick, Weeks and Witherspoon: A BILL TO ENACT THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT BY ADDING ARTICLE 27, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL HOSPITAL CLINICAL STAFF AND TRAINEES TO WEAR BADGES CONTAINING CERTAIN IDENTIFYING INFORMATION, TO REQUIRE CERTAIN INFORMATION TO BE PROVIDED BY HOSPITALS TO PATIENTS PRIOR TO OR ON ADMISSION CONCERNING THE PATIENT'S HOSPITAL CARE, INCLUDING, AMONG OTHER THINGS, THE GENERAL ROLE OF MEDICAL STUDENTS, INTERNS, AND RESIDENT
Read the first time and referred to the Committee on Medical Affairs.
H. 3885 (Word version) -- Reps. Hagood, Scarborough, Limehouse, Anderson, Dantzler, Cotty, Brady, Taylor, Perry, R. Brown, Cobb-Hunter, Harrell and Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE EITHER AN ADDITIONAL JOBS TAX CREDIT OR AN ADDITIONAL INVESTMENT TAX CREDIT FOR COMPANIES USING STATE PORTS AUTHORITY FACILITIES WHICH INCREASE THEIR BASE PORT CARGO VOLUME AT THESE FACILITIES BY A MINIMUM OF FIVE PERCENT OVER 2005 TOTALS AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT THESE TAX CREDITS.
Read the first time and referred to the Committee on Finance.
H. 3905 (Word version) -- Rep. Chellis: A BILL TO AMEND CHAPTER 7 OF TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AUDITOR, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITIES, DUTIES, AND OVERSIGHT FUNCTIONS OF THE STATE AUDITOR INCLUDING THE USE OF INDEPENDENT ACCOUNTING FIRMS AND GENERALLY ACCEPTED AUDITING STANDARDS TO PERFORM AUDITS OF STATE AGENCIES AND ENTITIES, THE STATE'S FINANCIAL STATEMENTS, FEDERAL PROGRAM COMPLIANCE, AND LOCAL GOVERNMENT COMPLIANCE IN COLLECTING AND REMITTING FINES, AND TO PROVIDE FOR
Read the first time and referred to the Committee on Finance.
H. 3932 (Word version) -- Reps. Harrell, Wilkins and Chellis: A BILL TO AMEND AND REENACT CERTAIN PROVISIONS OF SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE SPECIFIC DEFINITIONS; TO AMEND SECTION 11-41-40, RELATING TO THE ISSUANCE OF THESE ECONOMIC DEVELOPMENT BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER OF SUCH ISSUANCE; TO AMEND AND REENACT SECTION 11-41-70, RELATING TO BOND NOTIFICATION AND OTHER REQUIREMENTS FOR THE ISSUANCE OF THESE BONDS, SO AS TO MAKE CONFORMING CHANGES TO THE DEFINITION REVISIONS CONTAINED ABOVE AND TO FURTHER PROVIDE THE TERMS AND CONDITIONS FOR THE ISSUANCE OF THESE BONDS; AND TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY THAT THE FUNDING OF THESE PROJECTS WITH THESE BONDS SERVES A VALID PUBLIC PURPOSE AND BENEFITS THIS STATE WITH SUBSEQUENT ECONOMIC AND EMPLOYMENT BENEFITS.
Read the first time and referred to the Committee on Finance.
H. 3956 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED AT 416 OAKLAND ROAD IN
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3985 (Word version) -- Reps. Scott, Herbkersman, Simrill, Skelton, R. Brown, Hosey, Clyburn, Frye, Haley, Parks, J. H. Neal, Rivers, Barfield, Emory, J. Brown, McLeod, Hiott, Haskins, E. H. Pitts, Sinclair, G. R. Smith, Scarborough, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hayes, J. Hines, M. Hines, Hinson, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Lee, Loftis, Lucas, Mack, Mahaffey, McCraw, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Norman, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rhoad, Rice, Rutherford, Sandifer, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Talley, Taylor, Thompson, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper and Whitmire: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 57 ALONG INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THE "STATE REPRESENTATIVE WALTER P. LLOYD MEMORIAL INTERCHANGE" AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "STATE REPRESENTATIVE WALTER P. LLOYD MEMORIAL INTERCHANGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4002 (Word version) -- Reps. G. M. Smith, Coates, Weeks, G. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney,
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., April 27, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J.E. Smith: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO INCREASE THE AMOUNT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO TWENTY-SIX PERCENT AND TO PROVIDE THAT FIFTEEN
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., April 27, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3682 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE, TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT
Received as information.
Columbia, S.C., April 27, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3257 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-15-15 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE
Received as information.
S. 787 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROCLAIM MAY 7, 2005, AS "CHARLESTON RIFLE CLUB DAY" IN THE STATE OF SOUTH CAROLINA BASED ON THE CLUB'S ONE HUNDRED FIFTY YEAR HISTORY OF IMPROVING THE COMMUNITY AND CELEBRATING FELLOWSHIP.
Returned with concurrence.
Received as information.
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. 3862 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 197 OF 1991, AS AMENDED, RELATING TO THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS FROM NINE TO ELEVEN AND TO PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
By prior motion of Senator ELLIOTT
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3312 (Word version) -- Reps. Witherspoon and Vick: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535 OF THE 1976 CODE, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.
S. 489 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND.
S. 253 (Word version) -- Senators Ryberg and Moore: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 103 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA BOARD OF DIETETICS AND TO PROVIDE FOR ITS
S. 801 (Word version) -- Senators Matthews, McGill, Leventis, Ritchie, Hutto, Elliott, Moore, Ford, Land, Scott, Williams, Malloy, Pinckney, Patterson, Anderson, Grooms and Rankin: A JOINT RESOLUTION TO CREATE THE I-95 CORRIDOR ECONOMIC POTENTIAL BLUE RIBBON STUDY COMMITTEE TO STUDY THE POTENTIAL FOR FURTHER ECONOMIC DEVELOPMENT OF THE I-95 CORRIDOR THROUGH THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY.
On motion of Senator MATTHEWS, S. 801 was ordered to receive a third reading on Friday, April 29, 2005.
S. 803 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 41-18-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO DEFINE "CATAPULTING AMUSEMENT RIDE"; TO ADD SECTION 41-18-160 SO AS TO ESTABLISH CRITERIA FOR OBTAINING A PERMIT FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR THE OPERATION OF A CATAPULTING AMUSEMENT RIDE; TO AMEND SECTION 52-19-20, AS AMENDED, RELATING TO THE DEFINITION OF "BUNGEE JUMPING", SO AS TO DELETE REFERENCES TO THE CORD USED IN BUNGEE JUMPING BEING MADE OF WIRE ROPE, CABLE, OR SPRINGS OR OTHER DEVICE SIMILAR IN DESIGN OR USE; AND TO AMEND SECTION 52-19-50, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH PERMITTING AND REGULATING BUNGEE JUMPING, SO AS TO REVISE THE DEFINITION OF "BUNGEE CATAPULTING",
On motion of Senator RANKIN, S. 803 was ordered to receive a third reading on Friday, April 29, 2005.
H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Senator RITCHIE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment by Senator KNOTTS (JUD3347.007).
On motion of Senator RITCHIE, with unanimous consent, the previously proposed amendment by Senator KNOTTS (JUD3347.007) was withdrawn.
Senators KNOTTS, RITCHIE and LEVENTIS proposed the following amendment (JUD3347.009), which was adopted:
Amend the bill, as and if amended, page 6, by striking lines 5 through 10, in Section 7-13-1620, in SECTION 4, and inserting:
/ (I)(1) A vendor of any voting system that has been approved by the State Election Commission shall report in writing to the director of the State Election Commission any decertification, ethical, or technical violations against the voting system in any state within ninety days after the decertification, ethical, or technical violations are issued by the other state. If the vendor does not provide evidence to the State Election Commission's satisfaction that the voting system deficiencies have been corrected to comply with the provisions of South Carolina law, then the voting system may be decertified.
(2) A vendor seeking the approval of a voting system by the State Election Commission shall report in writing to the director of the State Election Commission any decertification, ethical, or technical violations issued against the voting system in any state that have occurred prior to or during the time the vendor seeks approval of the voting system by the State Election Commission. If the vendor does not provide evidence to the State Election Commission's satisfaction that the voting system deficiencies have been corrected to comply with the provisions of South Carolina law, then the voting system may not be approved. /
Amend the bill further, as and if amended, page 6, beginning on line 20, by striking SECTION 6 in its entirety and inserting:
/ SECTION 6. This act takes effect upon approval by the Governor. /
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 second time, passed and ordered to a third reading.
H. 3870 (Word version) -- Reps. Walker and Sinclair: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF COMMISSIONERS AND TO PROVIDE THAT TWO MEMBERS MAY RESIDE IN THE SERVICE AREA OF THE DISTRICT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators HAWKINS and RITCHIE proposed the following amendment (MS\7477AHB05), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, line 29, by striking:
/ two members may be residents / and inserting / one member may be a resident /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS 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 HAWKINS, H. 3870 was ordered to receive a third reading on Friday, April 29, 2005.
H. 3304 (Word version) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J.M. Neal, Neilson, Ott, Phillips, M.A. Pitts, Rhoad,
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (3304R001.HKL), which was adopted:
Amend the bill, as and if amended, page 12 by striking line 41 and inserting:
/ SECTION 4. This act takes effect upon approval by the Governor, except that SECTION 1(B) takes effect January 1, 2006. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3722 (Word version) -- Reps. Littlejohn and W.D. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF CANNONS CAMPGROUND ROAD IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 110 TO DRAYTON AVENUE "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY", AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "LANCE CORPORAL TRAVIS FOX MEMORIAL HIGHWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
S. 773 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE GOAL OF THE GENERAL ASSEMBLY THAT ALL SOUTH CAROLINIANS AND AMERICANS SHOULD HAVE HEALTH INSURANCE COVERAGE AND TO DECLARE THE WEEK OF MAY 1-7, 2005, AS "COVER THE UNINSURED WEEK" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 105 (Word version) -- Senators Ryberg and Elliott: A BILL TO REPEAL SECTION 56-1-475, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO A PERSON'S AUTHORITY TO OPERATE A MOTOR VEHICLE WHEN HE POSSESSES A VALID OUT-OF-STATE LICENSE ONCE THE PERIOD OF SUSPENSION OF HIS SOUTH CAROLINA DRIVER'S LICENSE HAS EXPIRED.
Senator RYBERG asked unanimous consent to recommit the Bill to the Committee on Transportation.
There was no objection.
The Bill was recommitted to the Committee on Transportation.
S. 499 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.
On motion of Senator VERDIN, 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 McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns on Friday, April 29, 2005, it stand adjourned to meet in Statewide Session on Tuesday, May 3, 2005, at 12:00 Noon;
when the Senate adjourns on Tuesday, May 3, 2005, it stand adjourned to meet in Statewide Session on Wednesday, May 4, 2005, at 11:45 A.M.;
when the Senate adjourns on Wednesday, May 4, 2005, it stand adjourned to meet on Thursday, May 5, 2005, at the time and subject to the limitations set forth in Rule 1B;
when the Senate adjourns on Thursday, May 5, 2005, it stand adjourned to meet on Friday, May 6, 2005, at 11:00 A.M. under the
when the Senate adjourns on Friday, May 6, 2005, it stand adjourned to meet on Tuesday, May 10, 2005, at the time and subject to the limitations set forth in Rule 1B.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
H. 3373 (Word version) -- Reps. W.D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
On motion of Senator RICHARDSON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator RICHARDSON spoke on the report.
On motion of Senator RICHARDSON, the Report of the Committee of Conference to S. 3373 was adopted as follows:
The General Assembly, Columbia, S.C., April 27, 2005
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 57-23-800 of the 1976 Code, as added by Act 17 of 1999, is amended to read:
Section 57-23-800. (A) The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements:
(1) a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.
(2) a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.
(3) an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.
(B) The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.
(C) The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.
(D) If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed under the jurisdiction of the State at its discretion. When implementing a new vegetation management policy pursuant to this section, the department shall consider comments received from the local governmental authority that has jurisdiction over the portion of highway subject to the vegetation management policy."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/ Scott H. Richardson /s/ W.D. Smith /s/ James H. Ritchie, Jr. /s/ Brenda Lee /s/ Joel Lourie /s/ Scott F. Talley On Part of the Senate. On Part of the House.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 615 (Word version) -- Senators Campsen, Cleary, Scott, McConnell, Cromer, Grooms, Richardson, Verdin, Sheheen, Bryant, Rankin, Ryberg, Alexander, Hawkins, Thomas, Hayes, Fair, Martin, Gregory and Elliott: A BILL TO AMEND TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES, SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA GRANTS ITS AUTHORITY DELEGATED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING VESSELS PURSUANT TO THE JOHNSON ACT OF 1992, AS AMENDED, 15 U.S.C. SECTIONS 1171 THROUGH 1177, TO COUNTY AND MUNICIPAL GOVERNMENTS, TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNMENTS MAY PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS BY ORDINANCE WITHIN THE DELEGATED POWER PROVIDED, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY ASSESS ONLY CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION, TO PROVIDE THAT CIVIL PENALTIES SHALL NOT EXCEED ONE HUNDRED DOLLARS PER PASSENGER WITHIN A TWENTY-FOUR-HOUR PERIOD, TO PROVIDE THAT THE ATTORNEY GENERAL ASSUMES THE RESPONSIBILITY FOR DEFENDING THE STATE, COUNTY, OR MUNICIPAL GOVERNMENT FROM CONSTITUTIONAL CHALLENGES OF THE PROVISIONS HEREIN, TO PROVIDE THAT PASSENGER CRUISE LINERS MEETING CERTAIN CRITERIA ARE EXEMPT FROM THE PROVISIONS HEREIN, AND TO PROVIDE THAT NOTHING IN THIS SECTION MUST BE CONSTRUED TO REPEAL OR MODIFY ANY OTHER PROVISION OF LAW RELATING TO GAMBLING.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
By prior motion of Senator CAMPSEN, with unanimous consent, Amendment No. P5-B, which was adopted on April 27, 2005, was
Senator CAMPSEN proposed the following Amendment No. P5-C (615R003.GEC), which was adopted:
Amend the bill, as and if amended, Section 3-11-400(C), on page [615-5], by striking lines 15-42, and on page [615-6], by striking lines 1-30, and inserting:
/ (C)(1) For purposes of this section, 'gross proceeds' means the total amount wagered or otherwise paid, in cash or credit, by a passenger or user of a gambling device aboard a gambling vessel.
(2) If a county or municipality does not adopt an ordinance prohibiting a gambling vessel from operating, or if a gambling vessel other than a passenger cruise liner is permitted to operate because that gambling vessel, on each cruise, makes an intervening stop in another State, possession of the United States, or foreign country, the county or municipality may assess a surcharge of up to ten percent of each ticket sold per gambling cruise, and a surcharge of up to five percent of the gross proceeds of each gambling vessel.
(3)(a) If a county or municipality assesses the surcharges set forth in item (2), then the proceeds of the surcharges are to be paid to the county or municipality from which the gambling vessel originates its cruise. The county or municipality is responsible for setting forth the procedures by which the proceeds are paid to the county or the municipality.
(b)(i) Each gambling vessel must report to the Department of Revenue, on a monthly basis, the average daily percentage of winnings to losses for each gambling device used on a gambling vessel. The report must be delivered to the Department of Revenue on the twentieth day of the month for the preceding month, in a form and format determined by the department. If no gambling devices are used, the gambling vessel must report to the department that no gambling devices were used. The department must perform an annual audit of the gambling devices on the gambling vessels to verify the accuracy of the reports.
(ii) A gambling vessel that fails to deliver the report of winnings and losses to the department may be assessed a civil penalty up to the amount of one hundred dollars per day per gambling device for each day that the report is late.
(iii) The department must make this information available, on a quarterly basis, to the governing body of the county or municipality from which the gambling vessel originates and to the general public. In addition, quarterly reports must be submitted to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
(iv) The department is authorized to promulgate regulations to implement the provisions of this subsection.
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator MALLOY spoke on the Bill.
Senator MATTHEWS spoke on the Bill.
Senator FORD spoke on the Bill.
With Senator FORD retaining the floor, on motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 28, 2005, at 12:30 P.M. and the following Acts and Joint Resolution were ratified:
(R45, S. 320 (Word version)) -- Senator Leatherman: AN ACT TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM FORTY MILLION TO SIXTY MILLION DOLLARS.
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(R46, S. 406 (Word version)) -- Senator Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; BY ADDING SECTION
(R47, S. 458 (Word version)) -- Senators Thomas and Richardson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM
(R48, S. 483 (Word version)) -- Senators Matthews, Knotts, J. Verne Smith, Sheheen, Land, Patterson, Scott, Hutto, Williams, Anderson and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 127, TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA STATE UNIVERSITY ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT", WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH SOUTH CAROLINA STATE UNIVERSITY MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS AND TO DEFINE CERTAIN TERMS.
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(R49, S. 509 (Word version)) -- Senator Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-255 SO AS TO PROVIDE FOR THE REGISTRATION AND REGULATION OF PERSONS WHO PRACTICE HAIR BRAIDING, INCLUDING REQUIRING A REGISTRATION FEE, A SIX HOUR BOARD-APPROVED HAIR BRAIDING COURSE, AND AN EXAMINATION; AND TO AMEND SECTION 40-7-20, RELATING TO DEFINITIONS OF TERMS USED IN CONNECTION WITH
(R50, S. 655 (Word version)) -- Senators McConnell and Campsen: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL TEACHER, OR PUBLIC SCHOOL STUDENT; TO PROVIDE THAT THE LOCAL SCHOOL DISTRICT OF A CHARTER SCHOOL IN CHARLESTON COUNTY MAY NOT CHARGE RENT TO A CHARTER SCHOOL THAT WAS CONVERTED FROM AN EXISTING PUBLIC SCHOOL; TO PROVIDE THAT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY APPLY FOR GRANTS ON ITS OWN; TO PROVIDE THAT A TEACHER IN A CHARTER SCHOOL IN CHARLESTON COUNTY MAY BE NOMINATED AND CONSIDERED AS A CANDIDATE FOR TEACHER OF THE YEAR; AND TO PROVIDE THAT A STUDENT AT A CHARTER SCHOOL IN CHARLESTON COUNTY MAY RECEIVE A LAURA BROWN FUND GRANT.
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(R51, H. 3133 (Word version)) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Clark, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT IS VALID OR RECOGNIZED IN THIS STATE AND TO PROVIDE THAT THE STATE OR ITS POLITICAL SUBDIVISIONS MAY NOT CREATE ANY OTHER DOMESTIC UNION AND MAY NOT RECOGNIZE A DOMESTIC UNION CREATED BY ANOTHER JURISDICTION.
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(R52, H. 3257 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-15-15 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES.
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(R53, H. 3299 (Word version)) -- Rep. Ceips: AN ACT TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".
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(R54, H. 3392 (Word version)) -- Reps. Toole, Clyburn, Jefferson, Limehouse, Vaughn, Pinson and Vick: AN ACT TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE TO ATTEND A STATE TECHNICAL COLLEGE OR A TWO-YEAR INSTITUTION, SO AS TO PROVIDE THAT IF A STUDENT FEELS THAT HE WILL DEFINITELY NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, THE STUDENT MAY COMPLETE A SIMPLE FORM OF MINIMUM QUESTIONS TO DETERMINE IF THE STUDENT DEFINITELY WILL NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, AND IF SO, THE STUDENT IS EXEMPT FROM COMPLETING THE FREE APPLICATION FOR FEDERAL STUDENT AID.
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(R55, H. 3413 (Word version)) -- Rep. Talley: AN ACT TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES
(R56, H. 3682 (Word version)) -- Labor, Commerce and Industry Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE, TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF THE EMPLOYMENT BENEFIT RECORD OF AN EMPLOYMENT UNIT IN A BUSINESS ACQUISITION OR REORGANIZATION WITH CONTINUITY OF CONTROL FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO REQUIRE A VIOLATION TO BE KNOWING RATHER THAN WILFUL AND TO DEFINE "KNOWINGLY" AND "KNOWING" AND TO REQUIRE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO ESTABLISH PROCEDURES TO IDENTIFY THE TRANSFER OF A BUSINESS, TO AMEND SECTION 41-35-120, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THE WORKER IS INELIGIBLE FOR BENEFITS IF HE REFUSES TO TAKE A DRUG TEST OR TESTS POSITIVE DURING A DRUG TEST FOR CERTAIN SUBSTANCES, TO PROVIDE THE REQUIREMENTS FOR DRUG TESTING AND TO ALLOW INFORMATION RECEIVED BY AN EMPLOYER IN A DRUG-TESTING PROGRAM TO BE RECEIVED IN EVIDENCE IN A PROCEEDING DETERMINING ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION, AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT
(R57, H. 3782 (Word version)) -- Rep. Hayes: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER.
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Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2005, and to expire June 30, 2008
1st Congressional District:
Cheryl Ludlam, 134 Hidden Fawn Circle, Goose Creek, S.C. 29445 VICE Harold Rhodes
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2001, and to expire June 30, 2005
At-Large:
Norris Ashford, Cottman Transmission, 2428 Decker Blvd., Columbia, S.C. 29206 VICE DeAndrea Gist (resigned)
Having received a favorable report from the Committee on Medical Affairs, the following appointment was confirmed in open session:
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2002, and to expire March 21, 2007
4th Congressional District:
H. Lloyd Howard, P. O. Box 578, Landrum, S.C. 29356 VICE Fredrick Furman Carpenter (resigned)
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Raymond Schild of Myrtle Beach, S.C.
At 12:45 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
This web page was last updated on Wednesday, June 24, 2009 at 1:20 P.M.