Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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 St. John in his First Epistle (4:7):
"Beloved, let us love one another, for love is of God, everyone who loves is born of God and knows God."
Let us pray.
Father, in these days of uncertainty, free us from the burden of our fears concerning our future.
Lead us with faith and brotherly love as we face our unknown paths in our common life!
Renew in us the love that never fails!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Reappointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2006, and to expire June 30, 2010
6th Congressional District
Audrey Ingle Horne, 110 Bryant Street, St. George, S.C. 29477
Referred to the Committee on Medical Affairs.
At 12:27 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:30 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 4764 (Word version) -- Reps. Phillips and Harrell: A CONCURRENT RESOLUTION TO FIX TUESDAY, APRIL 4, 2006, AT 12:30 P.M., AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COLLEGE OF CHARLESTON, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2006, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The PRESIDENT announced that nominations were in order to elect a successor to the two at-large positions on the Board of Trustees for The Citadel.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Col. Allison Dean Love and Mr. W. Thomas McQueeney had been screened and found qualified to serve.
Representative Phillips placed the names of Col. Allison Dean Love and Mr. W. Thomas McQueeney in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Allison Dean Love and the Honorable W. Thomas McQueeney had been
The PRESIDENT announced that nominations were in order to elect a successor to the three at-large positions on the Board of Trustees for Clemson University.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Thomas C. Lynch, Jr., Ms. Patti McAbee, and Mr. Joseph D. Swann had been screened and found qualified to serve.
Representative Phillips placed the names of Ms. Patti McAbee, Mr. Joseph D. Swann and Mr. Thomas C. Lynch, Jr. in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Thomas C. Lynch, Jr., the Honorable Patti McAbee and the Honorable Joseph D. Swann had been elected to the three at-large positions on the Board of Trustees for Clemson University for the terms prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 1st Congressional District, Seat #1.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Joseph F. Thompson, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Joseph F. Thompson, Jr. was elected to a position on the Board of Trustees for the College of Charleston, 1st Congressional District, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 2nd Congressional District, Seat #3.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John H. Busch had been screened and found qualified to serve and placed her name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John H. Busch was elected to a position on the Board of Trustees for the College of Charleston, 2nd Congressional District, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 3rd Congressional District, Seat #5.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Annaliza Oehmig Moorhead had been screened and found qualified to serve.
Representative Phillips placed the name of Ms. Annaliza Oehmig Moorhead in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Annaliza Oehmig Moorhead was elected to a position on the Board of Trustees for the College of Charleston from the 3rd Congressional District, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat #7.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John B. Wood, Jr. had been screened and found qualified to serve.
Representative Phillips placed the name of John B. Wood, Jr. in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John B. Wood, Jr. was elected to a position on the Board of Trustees for the College of Charleston from the 4th Congressional District, Seat #7 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat #9.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Frank M. Gadsden and Dr. Joe Willis had been screened and found qualified to serve and placed their names in nomination.
On motion of Representative Phillips, with unanimous consent, the name of Dr. Joe Willis was withdrawn from consideration.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Frank M. Gadsden was elected to the position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat #9 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat #11.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Demetria Noisette Clemons had been screened and found qualified to serve.
Representative Phillips placed the name of Ms. Demetria Noisette Clemons in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Demetria Noisette Clemons was elected to a position on the Board of Trustees for the College of Charleston from the 6th Congressional District, Seat #11 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for the College of Charleston, Seat #13.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert W. Marlowe had been screened and found qualified to serve.
Representative Phillips placed the name of Mr. Robert W. Marlowe in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert W. Marlowe was elected to an at-large position on the Board of Trustees for the College of Charleston, Seat #13 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for the College of Charleston, Seat #15.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Donald H. Belk had been screened and found qualified to serve.
Representative Phillips placed the name of Mr. Donald H. Belk in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Donald H. Belk was elected to an at-large position on the Board of Trustees for the College of Charleston, Seat #15 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 1st Congressional District, Seat #2.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert L. Rabon had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert L. Rabon was elected to a position on the Board of Trustees for Coastal Carolina University, 1st Congressional District, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University from the 4th Congressional District, Seat #8.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Tommy Stringer had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Tommy Stringer was elected to a position on the Board of Trustees for Coastal Carolina University, 4th Congressional District, Seat #8 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 1st Congressional District, Seat #1.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. H. Randall Dozier had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable H. Randall Dozier was elected to a position on the Board of Trustees for Francis Marion University, 1st Congressional District, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 2nd Congressional District, Seat #3.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William M. Ellen had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William M. Ellen was elected to a position on the Board of Trustees for Francis Marion University, 2nd Congressional District, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 3rd Congressional District, Seat #5.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Carolyn B. Shortt was elected to a position on the Board of Trustees for Francis Marion University, 3rd Congressional District, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 4th Congressional District, Seat #7.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. L. Franklin Elmore had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable L. Franklin Elmore was elected to a position on the Board of Trustees for Francis Marion University, 4th Congressional District, Seat #7 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 5th Congressional District, Seat #9.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. W. C. Stanton had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable W. C. Stanton was elected to a position on the Board of Trustees for Francis
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 6th Congressional District, Seat #11.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James A. Brown, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James A. Brown, Jr. was elected to a position on the Board of Trustees for Francis Marion University, 6th Congressional District, Seat #11 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Francis Marion University, Seat #13.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert E. Lee had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert E. Lee was elected to an at-large position on the Board of Trustees for Francis Marion University, Seat #13 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Francis Marion University, Seat #15.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Kenneth W. Jackson had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Kenneth W. Jackson was elected to an at-large position on the Board of Trustees for Francis Marion University, Seat #15 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat #1.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Chuck Hagood and Mr. Charles R. Thompson, Jr. had been screened and found qualified to serve.
Representative Phillips placed the names of Mr. Chuck Hagood and Mr. Charles R. Thompson, Jr. in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Hagood:
The following named Senators voted for Mr. Thompson:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Fair Ford Grooms Hawkins Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill O'Dell
Patterson Peeler Pinckney Rankin Reese Richardson Ryberg Scott Setzler Short Thomas Williams
On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Hagood:
Bowers
The following named Representatives voted for Mr. Thompson:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Brady Branham Breeland Brown, G. Brown, J. Brown, R. Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hines, J. Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Mitchell Neal, J.H. Neal, J.M. Neilson Norman Ott Owens Parks
Perry Phillips Pitts, E.H. Pitts, M.A. Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Talley Taylor Thompson Toole Tripp Umphlett Vaughn Vick Viers Walker Whipper White Whitmire Witherspoon Young
Total number of Senators voting 36
Total number of Representatives voting 111
Grand Total 147
Necessary to a choice 74
Of which Mr. Hagood received 1
Of which Mr. Thompson received 146
Whereupon, the PRESIDENT announced that the Honorable Charles R. Thompson, Jr. was elected to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 2nd Congressional District, Seat #3.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Maurice Holloway had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Maurice Holloway was elected to a position on the Board of Trustees for Lander University, 2nd Congressional District, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 3rd Congressional District, Seat #5.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Mamie W. Nicholson had been screened and found qualified to serve and placed her name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Mamie W. Nicholson was elected to a position on the Board of Trustees for Lander University, 3rd Congressional District, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 4th Congressional District, Seat #7.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Fred Thrailkill had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Fred Thrailkill was elected to a position on the Board of Trustees for Lander University, 4th Congressional District, Seat #7 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 5th Congressional District, Seat #9.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Glenn J. Lawhon, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Glenn J. Lawhon, Jr. was elected to a position on the Board of Trustees for Lander University, 5th Congressional District, Seat #9 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 6th Congressional District, Seat #11.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Ricci Land Welch had been screened and found qualified to serve and placed her name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Ricci Land Welch was elected to a position on the Board of Trustees for Lander University, 6th Congressional District, Seat #11 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Lander University, Seat #13.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Raymond D. Hunt was elected to an at-large position on the Board of Trustees for Lander University, Seat #13 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for Lander University, Seat #15.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Bobby M. Bowers had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Bobby M. Bowers was elected to an at-large position on the Board of Trustees for Lander University, Seat #15 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a medical position on the Board of Trustees for the Medical University of South Carolina, 1st Congressional District.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Donald R. Johnson II had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Donald R. Johnson II was elected to a medical position on the Board of
The PRESIDENT announced that nominations were in order to elect a successor to a medical position on the Board of Trustees for the Medical University of South Carolina, 2nd Congressional District.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Thomas C. Rowland, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Thomas C. Rowland, Jr. was elected to a medical position on the Board of Trustees for Medical University of South Carolina, 2nd Congressional District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a medical position on the Board of Trustees for the Medical University of South Carolina, 3rd Congressional District.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Stanley C. Baker, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Stanley C. Baker, Jr. was elected to a medical position on the Board of Trustees for Medical University of South Carolina, 3rd Congressional District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a non-medical position on the Board of Trustees for the Medical University of South Carolina, 4th Congressional District.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Thomas L. Stephenson had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Thomas L. Stephenson was elected to a non-medical position on the Board of Trustees for Medical University of South Carolina, 4th Congressional District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a non-medical position on the Board of Trustees for the Medical University of South Carolina, 5th Congressional District.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. James E. Wiseman, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James E. Wiseman, Jr. was elected to a non-medical position on the Board of Trustees for Medical University of South Carolina, 5th Congressional District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a non-medical position on the Board of Trustees for the Medical University of South Carolina, 6th Congressional District.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Charles L. Appleby, Jr. and Mr. Robin Tallon had been screened and found qualified to serve.
On motion of Representative Phillips, with unanimous consent, the name of Mr. Charles L. Appleby, Jr. was withdrawn from consideration.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robin Tallon was elected to a non-medical position on the Board of Trustees for Medical University of South Carolina, 6th Congressional District for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, 3rd Congressional District, Seat #3.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Lumus Byrd, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Lumus Byrd, Jr. was elected to a position on the Board of Trustees for South Carolina State University, 3rd Congressional District, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for South Carolina State University, Seat #7.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Charles H. Williams II and Mr. Jay K. Fields had been screened and found qualified to serve.
Representative Phillips placed the names of Mr. Charles H. Williams II and Mr. Jay K. Fields in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Williams:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Fair Ford Grooms Hawkins Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ryberg Scott Setzler Short Thomas Williams
The following named Senators voted for Mr. Fields:
On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Williams:
Agnew Allen Anderson
Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Brown, G. Brown, J. Brown, R. Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman Hines, J. Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kirsh Limehouse Littlejohn Loftis Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Norman Ott Owens Parks Perry Phillips Pitts, E.H. Pitts, M.A. Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Stewart Talley Taylor Thompson Tripp Umphlett Vaughn Vick Viers Walker Whipper White Whitmire Witherspoon Young
The following named Representatives voted for Mr. Fields:
Breeland
Total number of Senators voting 36
Total number of Representatives voting 111
Grand Total 147
Necessary to a choice 74
Of which Mr. Williams received 146
Of which Mr. Fields received 1
Whereupon, the PRESIDENT announced that the Honorable Charles H. Williams II was elected to an at-large position on the Board of Trustees for South Carolina State University, Seat #7 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Board of Trustees for South Carolina State University, Seat #9.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Glenn E. Jones, Mr. Earl A. Bridges, Jr. and Mr. Joseph C. Sanders had been screened and found qualified to serve.
Representative Phillips placed the names of Mr. Earl A. Bridges, Jr. and Mr. Joseph C. Sanders in nomination.
On motion of Representative Phillips, with unanimous consent, the name of Mr. Glenn E. Jones was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Bridges:
Alexander Anderson Bryant Campsen Cromer Drummond Fair Ford Hayes Leatherman Leventis Lourie Martin Matthews McConnell
O'Dell Patterson Peeler Rankin Reese Richardson Ryberg Scott Short Thomas Williams
The following named Senators voted for Mr. Sanders:
Cleary Grooms Hawkins Hutto Jackson Malloy McGill
On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Bridges:
Allen Bailey Bannister Barfield Bingham Bowers Brady Breeland Brown, R. Cato Ceips Chalk Chellis Clemmons Clyburn Cooper Cotty Dantzler Delleney Duncan Edge Frye Govan Hagood Hardwick Harrell Harrison Herbkersman Hines, J. Hinson Hiott Hosey Huggins Jennings Kirsh Limehouse Lucas Mack McCraw Merrill Perry Pitts, M.A. Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Stewart Talley Taylor Thompson Viers Whipper Young
The following named Representatives voted for Mr. Sanders:
Agnew Anderson Anthony Bales Ballentine Battle Brown, G. Clark Cobb-Hunter Coleman Emory Funderburk Haley Hamilton Harvin Haskins Hayes Howard Jefferson Kennedy Loftis McGee McLeod Miller Mitchell Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Norman Ott Owens Parks Pitts, E.H. Rhoad Skelton Smith, F.N. Smith, G.R. Tripp Umphlett Vaughn Vick Walker White Whitmire Witherspoon
Total number of Senators voting 33
Total number of Representatives voting 107
Grand Total 140
Necessary to a choice 71
Of which Mr. Bridges received 87
Of which Mr. Sanders received 53
Whereupon, the PRESIDENT announced that the Honorable Earl A. Bridges, Jr. had been elected to the at-large position on the Board of Trustees for South Carolina State University, Seat #9 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 1st Judicial Circuit.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Othniel H. Wienges, Jr. was elected to a position on the Board of Trustees for the University of South Carolina, 1st Judicial Circuit for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 3rd Judicial Circuit.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Arthur S. Bahnmuller had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Arthur S. Bahnmuller was elected to a position on the Board of Trustees for the University of South Carolina, 3rd Judicial Circuit for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 5th Judicial Circuit.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William C. Hubbard had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William C. Hubbard was elected to a position on the Board of Trustees
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 7th Judicial Circuit.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Toney J. Lister had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Toney J. Lister was elected to a position on the Board of Trustees for the University of South Carolina, 7th Judicial Circuit for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 9th Judicial Circuit.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John C. von Lehe, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John C. von Lehe, Jr. was elected to a position on the Board of Trustees for the University of South Carolina, 9th Judicial Circuit for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 10th Judicial Circuit.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John W. Fields had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John W. Fields was elected to a position on the Board of Trustees for the University of South Carolina, 10th Judicial Circuit for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 11th Judicial Circuit.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Michael J. Mungo had been screened and found qualified to serve and placed his name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Michael J. Mungo was elected to a position on the Board of Trustees for the University of South Carolina, 11th Judicial Circuit for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 12th Judicial Circuit.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. C.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable C. Edward Floyd was elected to a position on the Board of Trustees for the University of South Carolina, 12th Judicial Circuit for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 13th Judicial Circuit.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Mack I. Whittle, Jr. and Mr. Richard A. Jones, Jr. had been screened and found qualified to serve. and placed his name in nomination.
On motion of Representative Phillips, the name of Mr. Richard A. Jones, Jr. was withdrawn from consideration.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Mack I. Whittle, Jr. was elected to a position on the Board of Trustees for the University of South Carolina, 13th Judicial Circuit for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect successors to three at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Carlisle Roddey, Dr. Earle L. Bennett and Ms. Marilyn Edwards Taylor had been screened and found qualified to serve and placed their names in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Carlisle Roddey, the Honorable Earle L. Bennett and the Honorable Marilyn Edwards Taylor were elected to the three at-large positions on the Board of Trustees for the Wil Lou Gray Opportunity School for the terms prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 1st Congressional District, Seat #1.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Glenda Pittman Owens had been screened and found qualified to serve and placed her name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Glenda Pittman Owens was elected to the position on the Board of Trustees for Winthrop University, 1st Congressional District, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 1st Congressional District, Seat #5.
Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Kathy H. Bigham had been screened and found qualified to serve and placed her name in nomination.
Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Kathy H. Bigham was elected to the position on the Board of Trustees for
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 1:25 P.M., the Senate resumed.
Senator McCONNELL introduced Dr. Elizabeth Kline of Mount Pleasant, S.C., Doctor of the Day.
On motion of Senator McCONNELL, at 12:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for the week.
On motion of Senator McCONNELL, at 12:05 P.M., Senator VERDIN was granted a leave of absence for today.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator PINCKNEY rose for an Expression of Personal Interest.
Senator LEATHERMAN rose for an Expression of Personal Interest.
S. 1166 (Word version) -- Senators Grooms, McConnell, Bryant, Campsen, Ryberg, Verdin, Mescher, Hawkins, Thomas, Fair and Scott: A BILL TO ENACT THE "SOUTH CAROLINA EDUCATIONAL OPPORTUNITY SCHOLARSHIP ACT" BY ADDING ARTICLE 6 TO CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW STUDENTS ATTENDING A FAILING PUBLIC SCHOOL TO USE AN EDUCATION SCHOLARSHIP TO TRANSFER TO ANOTHER PUBLIC SCHOOL OR TO AN INDEPENDENT SCHOOL, TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR REPORTING AND
On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 1166.
The following were introduced:
S. 1302 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE PARENT OF A STUDENT SHIFTED FROM ONE SCHOOL DISTRICT IN SUMTER COUNTY TO ANOTHER SCHOOL DISTRICT IN SUMTER COUNTY AS A RESULT OF REDISTRICTING MAY CHOOSE THE SCHOOL DISTRICT THE STUDENT SHALL ATTEND WITHOUT PENALTY OF TUITION.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator LEVENTIS, with unanimous consent, S. 1302 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1303 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, BY ADDING ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.
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Read the first time and referred to the Committee on Education.
S. 1304 (Word version) -- Senators Bryant and O'Dell: A BILL TO AMEND SECTION 59-63-510 OF THE 1976 CODE, RELATING TO THE AUTHORIZATION BY COUNTY BOARDS OF EDUCATION TO ORDER THE TRANSFER OF A STUDENT FROM ONE SCHOOL DISTRICT TO ANOTHER SCHOOL DISTRICT WITHIN THE
Read the first time and referred to the Committee on Education.
S. 1305 (Word version) -- Senators McConnell, Martin and Alexander: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SYSTEM OF FREE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE MAINTENANCE AND SUPPORT OF A SYSTEM OF FREE PUBLIC SCHOOLS AND SHALL ESTABLISH, ORGANIZE, AND SUPPORT OTHER PUBLIC INSTITUTIONS OF LEARNING AT AN AMOUNT AS DETERMINED BY THE GENERAL ASSEMBLY.
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Senator MARTIN spoke on the Resolution.
Read the first time and referred to the Committee on Judiciary.
S. 1306 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND 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.
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Read the first time and referred to the Committee on Judiciary.
S. 1307 (Word version) -- Senators Malloy, Ritchie, Sheheen and Martin: A BILL TO AMEND SECTION 33-14-107, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNKNOWN CLAIMS AGAINST DISSOLVED CORPORATIONS, SO AS TO STANDARDIZE THE TIME FOR ENFORCING THE CLAIM AS TEN YEARS AFTER PUBLICATION OF THE NEWSPAPER NOTICE.
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Read the first time and, on motion of Senator MALLOY, with unanimous consent, S. 1307 was ordered placed on the Calendar without reference.
S. 1308 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND 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.
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Read the first time and referred to the Committee on Judiciary.
S. 1309 (Word version) -- Senators Sheheen, Martin, Lourie, Setzler, Alexander, Short and Hawkins: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF THE TREASURY TO ADOPT A VIGOROUS AND STRONG TRADE POLICY REGARDING CURRENCY MANIPULATION, AND TO TAKE SWIFT AND RESPONSIVE ACTIONS IN THE WORLD TRADE ORGANIZATION TO HALT CURRENCY MANIPULATION AND OTHER UNLAWFUL BARRIERS TO FAIR AND FREE TRADE.
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Senator SHEHEEN spoke on the Resolution.
On motion of Senator SHEHEEN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
H. 4811 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 2005-2006 GENERAL FUND REVENUE.
Read the first time and referred to the Committee on Finance.
H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.
Read the first time and referred to the Committee on Finance.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 1147 (Word version) -- Senators O'Dell and McGill: A BILL TO AMEND SECTION 40-79-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO SPECIFY THE NATIONAL TRAINING COURSE REQUIREMENTS TO BE LICENSED TO ENGAGE IN THE BURGLAR ALARM BUSINESS OR THE FIRE ALARM BUSINESS.
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 1147.
S. 1297 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE, RELATING TO OFFER OF JUDGMENT, AUTHORIZED PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
S. 1298 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF APPELLATE PROCEDURE, RELATING TO COURT-ANNEXED ALTERNATIVE DISPUTE RESOLUTION RULES, AUTHORIZED
S. 862 (Word version) -- Senators Cleary, Ford, Hutto, Knotts, Malloy, Cromer, Drummond, Setzler, Land, Short, Scott, Bryant, Anderson, Elliott and Williams: A BILL TO AMEND SECTION 15-41-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO PROVIDE THAT THE EXEMPTION GRANTED TO A DEBTOR'S INTEREST IN PROPERTY USED AS A DEBTOR'S RESIDENCE DOES NOT EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THE EXCEPTION FOR THE AGGREGATE VALUE OF MULTIPLE HOMESTEAD EXEMPTIONS NOT EXCEED THREE HUNDRED THOUSAND DOLLARS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senators SHEHEEN and CLEARY proposed the following amendment (JUD0862.005), which was adopted:
Amend the committee report, as and if amended, page [862-2], by striking line 7 and inserting the following:
/ this change. No later than March first of each year, the Economic Research Section of the Office of Research and Statistics of the Budget and Control Board shall publish in the State Register the dollar amounts that will become effective on each July first." /
Renumber sections to conform.
Amend title to conform.
Senator CLEARY explained the perfecting amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0862.004), which was adopted:
Amend the bill, as and if amended, pages 1 and 2, by striking all after SECTION 1 and inserting:
/ SECTION 2. Section 15-41-30(1) of the 1976 Code is amended to read:
"(1) The debtor's aggregate interest, not to exceed five thousand fifty thousand dollars in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor, except that the aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed ten thousand one hundred thousand dollars. If there are multiple owners of such a living unit exempt as a homestead, the value of the exemption of each individual owner may not exceed his fractional portion of ten thousand one hundred thousand dollars. Beginning on July 1, 2007, and each year thereafter, each dollar amount in subsection (1) of this section, immediately before July first, shall be adjusted to reflect the change in the Southeastern Consumer Price Index, All Urban Consumers, as published by the Department of Labor, Bureau of Labor Statistics, for the most recent year ending immediately before January first preceding July first, and to round to the nearest twenty-five dollars the dollar amount that represents this change."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted, as amended.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1038 (Word version) -- Senators Martin, Gregory, Cleary, Knotts, Richardson, Ryberg, Mescher, Scott, Grooms, Elliott, Verdin and Williams: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 135, TO ENACT THE "ASBESTOS AND SILICA VICTIMS PROTECTION ACT OF 2006", TO PROVIDE THAT, EXCEPT FOR CLAIMS BASED ON MESOTHELIOMA, NO PERSON MAY BRING OR MAINTAIN AN ASBESTOS OR SILICA CLAIM WITHOUT FIRST MAKING A PRIMA FACIE SHOWING THAT A QUALIFIED PHYSICIAN HAS DIAGNOSED THE
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senators RITCHIE and MALLOY proposed the following amendment (JUD1038.009), which was adopted:
Amend the committee report, as and if amended, by striking Section 44-135-100 on page [1038-15], lines 1 through 7, and inserting:
/ "Section 44-135-100. An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use the fact that a person has met the procedural requirements of this act to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwise adversely affect the person's eligibility for or coverage under the policy or contract." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the perfecting amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD1038.008), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 44 of the 1976 Code is amended by adding a new chapter to read:
The Asbestos and Silica Claims Procedure Act of 2006
Section 44-135-10. This act may be cited as the 'Asbestos and Silica Claims Procedure Act of 2006'.
Section 44-135-20. (A) The General Assembly finds that:
(1) asbestos is a mineral that was widely used prior to the 1980s for insulation, fire-proofing, and other purposes;
(2) millions of American workers and others were exposed to asbestos, especially during and after World War II, at shipyards such as those that operated in the South Carolina lowcountry, prior to the advent of regulation by the United States Occupational Safety and Health Administration in the early 1970s;
(3) exposure to asbestos is associated with various types of cancer, including mesothelioma, as well as nonmalignant conditions such as asbestosis and diffuse pleural thickening;
(4) diseases caused by asbestos exposure often have long latency periods;
(5) while the cases currently filed in South Carolina are manageable by the courts and the litigants, it is proper for the legislature to support and protect the South Carolina courts from the potential of massive litigation expense and the crowding of trial dockets;
(6) silica is a naturally occurring mineral and is the second most common constituent of the earth's crust. Crystalline silica in the form of quartz is present in sand, gravel, soil, and rocks;
(7) silica-related illnesses, including silicosis, can develop from the inhalation of respirable silica dust. Silicosis was widely recognized as an occupational disease many years ago;
(8) concerns about statutes of limitations may prompt unimpaired asbestos and silica claimants to bring lawsuits to protect their ability to recover for their potentially progressive occupational disease; and
(9) several states, including Texas, Georgia, Ohio, and Florida have enacted legislation setting medical criteria governing asbestos and silica cases and tolling statutes of limitations and requiring persons
(B) The purpose of this chapter is to:
(1) provide a procedural remedy allowing efficient judicial supervision and control of asbestos and silica litigation by giving priority for the purposes of trial and resolution to asbestos and silica claimants with demonstrable physical impairment caused by exposure to asbestos or silica; and
(2) preserve the legal rights of claimants who were exposed to asbestos or silica, but have no physical impairment from asbestos or silica exposure, until such time as the claimant can demonstrate physical impairment.
Section 44-135-30. For purposes of this chapter:
(1) 'Asbestos' means all minerals defined as 'asbestos' in 29 CFR 1910, as and if amended.
(2) 'Asbestos claim' means any claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the health effects of exposure to asbestos, including loss of consortium and any other derivative claim made by or on behalf of any exposed person or any representative, spouse, parent, child, or other relative of any exposed person.
(3) 'Asbestos-related injury' means personal injury or death allegedly caused, in whole or in part, by inhalation or ingestion of asbestos.
(4) 'Asbestosis' means bilateral interstitial fibrosis of the lungs caused by inhalation of asbestos fibers.
(5) 'Certified B-reader' means a person who has successfully completed the x-ray interpretation course sponsored by the National Institute for Occupational Safety and Health (NIOSH) and passed the B-reader certification examination for x-ray interpretation and whose NIOSH certification is current at the time of any readings required by this chapter.
(6) 'Chest x-ray' means chest films that are taken in accordance with accepted medical standards in effect at the time the x-ray was taken.
(7) 'Claimant' means an exposed person and any person who is seeking recovery of damages for or arising from the injury or death of an exposed person.
(8) 'Defendant' means a person against whom a claim arising from an asbestos-related injury or a silica-related injury is made.
(9) 'Exposed person' means a person who is alleged to have suffered an asbestos-related injury or a silica-related injury.
(10) 'FEV1' means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests.
(11) 'FVC' means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration.
(12) 'ILO system of classification' means the radiological rating system of the International Labor Office in 'Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses', 2000 edition, as amended from time to time by the International Labor Office.
(13) 'Mesothelioma' means a rare form of cancer allegedly caused in some instances by exposure to asbestos in which the cancer invades cells in the membrane lining of the:
(a) lungs and chest cavity (the pleural region);
(b) abdominal cavity (the peritoneal region); or
(c) heart (the pericardial region).
(14) 'Nonmalignant asbestos-related injury' means an asbestos-related injury other than mesothelioma or other asbestos-related malignancy.
(15) 'Physician board certified in internal medicine' means a physician who is certified by the American Board of Internal Medicine.
(16) 'Physician board certified in occupational medicine' means a physician who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine.
(17) 'Physician board certified in oncology' means a physician who is certified in the subspecialty of medical oncology by the American Board of Internal Medicine.
(18) 'Physician board certified in pathology' means a physician who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology and whose professional practice:
(a) is principally in the field of pathology; and
(b) involves regular evaluation of pathology materials obtained from surgical or postmortem specimens.
(19) 'Physician board certified in pulmonary medicine' means a physician who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine.
(20) 'Physician board certified in radiology' means a physician who is certified by the American Board of Radiology.
(21) 'Plethysmography' means the test for determining lung volume, also known as 'body plethysmography', in which the subject of the test is enclosed in a chamber that is equipped to measure pressure, flow, or volume change.
(22) 'Predicted lower limit of normal' for any test means the fifth percentile of healthy populations based on age, height, and gender, as referenced in the AMA Guides to the Evaluation of Permanent Impairment (5th Edition) (dated November 2000).
(23) 'Pulmonary function testing' means spirometry and lung volume testing performed in accordance with Section 44-135-40 using equipment, methods of calibration, and techniques that materially comply with:
(a) the criteria incorporated in the American Medical Association Guides to the Evaluation of Permanent Impairment and reported in 20 C.F.R. Part 404, Subpart P, Appendix 1, Part (A), Sections 3.00(E) and (F)(2003), as amended from time to time by the American Medical Association; and
(b) the interpretative standards in the Official Statement of the American Thoracic Society entitled 'Lung Function Testing: Selection of Reference Values and Interpretative Strategies', as published in 144 American Review of Respiratory Disease 1202-1218 (1991), as amended from time to time by the American Thoracic Society.
(24) 'Radiological evidence' of asbestosis or pleural thickening means a chest x-ray evaluated by a certified B-reader, a radiologist, a physician board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology using the ILO System of classification. The chest x-ray shall be a quality 1 x-ray according to that ILO System, although if the certified B-reader, board certified pulmonologist, or board certified radiologist confirms that a quality 2 x-ray film is of sufficient quality to render an accurate reading under the ILO System of classification and no quality 1 x-ray films are available, then the necessary radiologic findings may be made with the quality 2 x-ray film which is the subject of the confirmation above. Also, in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 x-ray film if a quality 1 x-ray film is not available.
(25) 'Report' means a report required by Sections 44-135-50 or 44-135-60.
(26) 'Respirable' with respect to silica, means particles that are less than ten microns in diameter.
(27) 'Serve' means to serve notice on a party in compliance with the South Carolina Rules of Civil Procedure.
(28) 'Silica' means a naturally occurring, respirable form of crystalline silicon dioxide, including quartz, cristobalite, and tridymite.
(29) 'Silica claim' means any claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the health effects of exposure to silica, including loss of consortium and any other derivative claim made by or on behalf of any exposed person or any representative, spouse, parent, child, or other relative of any exposed person.
(30) 'Silica-related injury' means personal injury or death allegedly caused, in whole or in part, by inhalation of silica.
(31) 'Silicosis' means fibrosis of the lungs caused by inhalation of silica, including:
(a) acute silicosis, which may occur after exposure to very high levels of silica within a period of months to five years after the initial exposure;
(b) accelerated silicosis; and
(c) chronic silicosis.
Section 44-135-40. Pulmonary function testing required by this chapter must be interpreted by a physician who is:
(1) licensed in this State or another state of the United States; and
(2) board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time of issuing the relevant medical report.
Section 44-135-50. (A) No person shall have an asbestos claim placed on any active trial roster in this State, or brought to trial in this State, or conduct discovery in an asbestos claim in this State, in the absence of a prima facie showing of asbestos-related malignancy or impairment as shown by service on each defendant of the information listed in either subsection (1) or (2) of this section:
(1) a report by a physician who is board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time of issuing the relevant medical report concluding:
(a) the exposed person has been diagnosed with mesothelioma or other asbestos related malignancy; and
(b) to a reasonable degree of medical certainty, exposure to asbestos was a proximate cause of the diagnosed mesothelioma or other asbestos related malignancy, accompanied by a conclusion that the
(c) for malignant asbestos-related conditions other than mesothelioma, that the exposed person has an underlying nonmalignant asbestos-related condition and that at least fifteen years have elapsed between the date of first exposure to asbestos and the date of diagnosis of the malignancy; or
(2) a report by a physician who is board certified in pulmonary medicine, internal medicine, occupational medicine, or pathology that:
(a) the exposed person has been diagnosed with a nonmalignant asbestos related condition; and
(b) confirms that a physician actually treating or who treated the exposed person, or who has or who had a doctor-patient relationship with the exposed person or a medical professional employed by and under the direct supervision and control of such physician:
(i) performed a physical examination of the exposed person, or if the exposed person is deceased, reviewed available records relating to the exposed person's medical condition;
(ii) took an occupational and exposure history from the exposed person or from a person knowledgeable about the alleged exposure or exposures that form the basis of the action; and
(iii) took a medical and smoking history that includes a review of the exposed person's significant past and present medical problems relevant to the exposed person's impairment or disease;
(c) sets out sufficient details of the exposed person's occupational, exposure, medical, and smoking history to form the basis for a medical diagnosis of an asbestos-related condition and confirms that at least fifteen years have elapsed between the exposed person's first exposure to asbestos and the date of diagnosis;
(d) confirms that the exposed person has a pathological diagnosis of asbestosis graded 1(B) or higher under the criteria published in 'Asbestos-Associated Diseases', 106 Archives of Pathology and Laboratory Medicine 11, Appendix 3 (October 8, 1982), as amended from time to time; or
(e) confirms that the exposed person's chest x-ray shows bilateral small irregular opacities (s, t, or u) with a profusion grading of 2/2 or higher on the ILO system of classification; or
(f) confirms that the exposed person has radiological evidence of asbestosis and/or pleural thickening showing:
(i) bilateral small irregular opacities (s, t, or u) with a profusion grading of 1/1 or higher; or
(ii) bilateral diffuse pleural thickening graded extent b2 or higher, including blunting of the costophrenic angle; and
(g) confirms that in cases described in subsections (d) or (f) above, the exposed person has physical impairment rated at least Class 2 pursuant to the AMA Guides to the Evaluation of Permanent Impairment (5th Edition) (dated November 2000) demonstrating:
(i) forced vital capacity below the lower limit of normal and FEV1/FVC ratio (using actual values) at or above the lower limit of normal; or
(ii) total lung capacity, by plethysmography or timed gas dilution, below the lower limit of normal; or
(iii) if the claimant's medical condition or process prevents the pulmonary function test from being performed or makes the results of such test an unreliable indicator of physical impairment, a board certified physician in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology, independent from the physician providing the report required herein must provide a report which states to a reasonable degree of medical certainty that the claimant has a nonmalignant asbestos-related condition causing physical impairment as described in (g)(i) or (g)(ii) above and states the reasons why the pulmonary function test would be an unreliable indicator of physical impairment.
(h) Alternatively and not to be used in conjunction with subsection (g)(iii), if an exposed person's medical conditions or processes prevent a physician from being able to diagnose or evaluate that exposed person sufficiently to make a determination as to whether that exposed person meets the requirements of subsection (2)(f) above, the claimant may serve on each defendant a report by a physician who is board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time the report was made that:
(i) verifies that the physician has or had a doctor-patient relationship with the exposed person; and
(ii) verifies that the exposed person has asbestos-related pulmonary impairment as demonstrated by pulmonary function testing showing:
(aa) forced vital capacity below the lower limit of normal and total lung capacity, by plethysmography, below the lower limit of normal; or
(bb) forced vital capacity below the lower limit of normal and FEV1/FVC ratio (using actual values) at or above the lower limit of normal; and
(iii) verifies that the exposed person has a chest x-ray and computed tomography scan or high-resolution computed tomography scan read by the physician or a physician who is board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, pathology, or radiology showing either bilateral pleural disease or bilateral parenchymal disease diagnosed and reported as being a consequence of asbestos exposure;
(i) confirms that the physician has concluded that the exposed person's medical findings and impairment were not more probably the result of causes other than asbestos exposure as revealed by the exposed person's occupational, exposure, medical, and smoking history; and
(j) is accompanied by the relevant radiologist's reports, pulmonary function tests, including printouts of all data, flow volume loops, and other information to the extent such has been performed demonstrating compliance with the equipment, quality, interpretation, and reporting standards set out in this chapter, lung volume tests, diagnostic imaging of the chest, pathology reports, or other testing reviewed by the physician in reaching the physician's conclusions. Upon request, the relevant computed tomography scans and/or chest x-rays will be made available for review.
(B) The detailed occupational and exposure history required herein must describe:
(1) the exposed person's principal employments where it was likely there was exposure to airborne contaminants (including asbestos, silica, and other disease causing dusts, mists, fumes, and airborne contaminants) that can cause pulmonary injury; and
(2) identification of the general nature, duration, and frequency of the exposed person's exposure to airborne contaminants, including asbestos and other dusts that can cause pulmonary injury.
(C) All evidence and reports used in presenting the prima facie showing required in this section, including pulmonary function testing and diffusing studies, if any:
(1) must comply with the technical recommendations for examinations, testing procedures, quality assurance, quality controls, and equipment in the AMA's Guidelines to the Evaluation of Permanent Impairment and the most current version of the Official Statements of the American Thoracic Society regarding lung function testing. Testing performed in a hospital or other medical facility that is fully licensed and accredited by all appropriate regulatory bodies in the State in which the facility is located is presumed to meet the requirements of this act. This presumption may be rebutted by evidence demonstrating that the accreditation or licensing of the hospital or other medical facility has lapsed, or providing specific facts demonstrating that the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment have not been followed;
(2) must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice;
(3) must not be obtained under the condition that the exposed person retains legal services in exchange for the examination, testing, or screening;
(4) shall not result in any presumption at trial that the exposed person is impaired by an asbestos or silica-related condition; and
(5) shall not be conclusive as to the liability of any defendant.
(D) The conclusion that a prima facie showing has been made is not admissible at trial.
Section 44-135-60. (A) No person shall have a silica claim placed on any active trial roster in this State, or brought to trial in this State, or conduct discovery in a silica claim in this State, in the absence of a prima facie showing of impairment as shown by service on each defendant of a report by a physician who is board certified in pulmonary medicine, internal medicine, oncology, pathology, or occupational medicine at the time of issuing the relevant medical report.
(B) In a case alleging silicosis, the medical report must:
(1) be issued by a physician who is board certified in pulmonary medicine, internal medicine, occupational medicine, or pathology that:
(a) the exposed person has been diagnosed with a silica-related condition; and
(b) confirms that a physician actually treating or who treated the exposed person, or who has or who had a doctor-patient relationship with the exposed person or a medical professional employed by and under the direct supervision and control of such physician:
(i) performed a physical examination of the exposed person, or if the exposed person is deceased, reviewed available records relating to the exposed person's medical condition;
(ii) took a detailed occupational and exposure history from the exposed person or, if the exposed person is deceased, from a person knowledgeable about the alleged exposure or exposures that form the basis of the action; and
(iii) took a detailed medical and smoking history that includes a thorough review of the exposed person's significant past and present medical problems and the most probable cause of any such problem that is relevant to the exposed person's impairment or disease.
(C) The medical report must set out the details of the exposed person's occupational, exposure, medical, and smoking history, and set forth that there has been a sufficient latency period for the applicable type of silicosis.
(D) The medical report must confirm, on the basis of medical examination, chest x-ray and pulmonary function testing, that the exposed person has permanent respiratory impairment:
(1) rated at least Class 2 pursuant to the AMA Guides to the Evaluation of Permanent Impairment; and
(2) accompanied by:
(a) a chest x-ray that is an ILO quality 1 film, except, that in the case of a deceased exposed individual where no pathology is available, the film can be ILO quality 2, showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher under the ILO system of classification; or
(b) a chest x-ray that is an ILO quality 1 film, except, that in the case of a deceased exposed individual where no pathology is available, the film can be ILO quality 2, showing large opacities (A, B, or C) in addition to the small opacities referred to in the preceding section; or
(c) a chest x-ray that is an ILO quality 1 film showing acute silicosis as described in Occupational Lung Diseases, Third Edition, as amended from time to time; or
(d) pathological demonstration of classic silicotic nodules exceeding one centimeter in diameter as published in 112 Archive of
(e) pathological demonstration of acute silicosis.
(E) For all other silica-related claims, other than silicosis, the medical report must:
(1) be issued by a physician who is board certified in pulmonary medicine, internal medicine, occupational medicine, or pathology that:
(a) the exposed person has been diagnosed with a silica-related condition; and
(b) confirms that a physician actually treating or who treated the exposed person, or who has or who had a doctor-patient relationship with the exposed person or a medical professional employed by and under the direct supervision and control of such physician:
(i) stating a diagnosis of silica-related lung cancer based on a sufficient latency period which is not less than fifteen years and a statement that to a reasonable degree of medical certainty exposure to silica was a proximate cause of the exposed person's physical impairment, accompanied by a conclusion that the exposed person's silica-related lung cancer was not more probably the result of causes other than exposure to silica revealed by the exposed person's occupational, exposure, medical, and smoking history; or
(ii) stating a diagnosis of silicosis complicated by documented tuberculosis; or
(iii) stating a diagnosis of any other silica-related disease, accompanied by a diagnosis of silicosis as defined herein, based on a sufficient latency period and a statement that to a reasonable degree of medical certainty exposure to silica was a proximate cause of the exposed person's physical impairment, accompanied by a conclusion that the exposed person's silica-related disease was not more probably the result of causes other than exposure to silica revealed by the exposed person's occupational, exposure, medical, and smoking history; and
(2) be accompanied by:
(a) a chest x-ray that is an ILO quality 1 film, except, that in the case of a deceased exposed individual where no pathology is available, the film can be ILO quality 2, showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher under the ILO system of classification;
(b) chest x-ray that is an ILO quality 1 film, except, that in the case of a deceased exposed individual where no pathology is available,
(c) chest x-ray that is an ILO quality 1 film showing acute silicosis as described in Occupational Lung Diseases, Third Edition, as amended from time to time;
(d) pathological demonstration of classic silicotic nodules exceeding one centimeter in diameter as published in 112 Archive of Pathology and Laboratory Medicine 7 (July 1988), as amended from time to time; or
(e) pathological demonstration of acute silicosis.
(F) All evidence and reports used in presenting the prima facie showing required in this section, including pulmonary function testing and diffusing studies, if any:
(1) must comply with the technical recommendations for examinations, testing procedures, quality assurance, quality controls, and equipment in the AMA's Guidelines to the Evaluation of Permanent Impairment and the most current version of the Official Statements of the American Thoracic Society regarding lung function testing, including general considerations for lung function testing, standardization of spirometry, standardization of the measurement of lung volumes, standardization of the single breath determination of carbon monoxide uptake in the lung, and interpretive strategies of lung testing in effect at the time of the performance of any examination or test on the exposed person required by this act. Testing performed in a hospital or other medical facility that is fully licensed and accredited by all appropriate regulatory bodies in the state in which the facility is located, is presumed to meet the requirements of this subsection. This presumption may be rebutted by evidence demonstrating that the accreditation or licensing of the hospital or other medical facility has lapsed, or providing specific facts demonstrating that the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment have not been followed;
(2) must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice;
(3) must not be obtained under the condition that the exposed person retains legal services in exchange for the examination, test, or screening;
(4) shall not result in any presumption at trial that the exposed person is impaired by an asbestos- or silica-related condition; and
(5) shall not be conclusive as to the liability of any defendant.
(G) The conclusion that a prima facie showing has been made is not admissible at trial.
Section 44-135-70. (A) In order to have an asbestos or silica claim placed on any active trial docket in this State, or brought to trial in this State, or conduct discovery in an asbestos or silica claim in this State, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or otherwise appears, a report prescribed by this act.
(B) In an action pending on the date this chapter becomes law, the case shall not be allowed to be called for or proceed to trial until ninety days after a report has been served on each defendant.
(C) This act shall not be interpreted to create, alter, or eliminate a legal cause of action for any asbestos- and/or silica-related claimant who has been diagnosed with any asbestos- and/or silica-related disease. The act sets the procedure by which the courts in South Carolina shall manage trial settings for all asbestos- and/or silica-related claims.
Section 44-135-80. (A) In any action covered by the provisions of this act, a claimant shall file together with the complaint or other initial pleading a written report and supporting test results constituting the prima facie showing required pursuant to this act. In an action where the claimant either fails to provide such prima facie evidence or provides inadequate prima facie evidence, the defendant may, without waiving any defenses otherwise available to him, file within the time allotted for his Answer, a Notice of Appearance rather than an Answer to the Complaint. The claimant shall, within ninety days of receipt of such Answer or Notice of Appearance, provide such prima facie evidence as is called for by the provisions of this act. The defendant in any case shall then be afforded a reasonable opportunity to challenge the adequacy of the proffered prima facie evidence of asbestos-related or silica-related impairment as referenced in this section and Section 44-135-70(B). Upon a finding of failure to make the required prima facie showing, the claimant's action shall not be placed on any trial docket nor be the subject of any discovery other than discovery on the issue of prima facie evidence of impairment. Upon the finding of the required prima facie showing, no defendant shall be allowed to challenge such prima facie showing absent a showing of misrepresentation, fraud, and/or good cause.
(B) In any action covered by the provisions of this act in which the exposed person has received a diagnosis of mesothelioma which meets
Section 44-135-90. Nothing in this act is intended to, and nothing in this act shall be interpreted to:
(1) affect the rights of any party in bankruptcy proceedings; or
(2) affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established under a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Chapter 11, to make a claim or demand against that trust.
Section 44-135-100. An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use the fact that a person has met the requirements of this act to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwise adversely affect the person's eligibility for or coverage under the policy or contract.
Section 44-135-110. (A) Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that he or she is physically impaired as set forth in this chapter by an asbestos- or silica-related condition.
(B) An asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from an asbestos or silica claim relating to the same exposed person arising out of asbestos- or silica-related cancer, and resolution of an asbestos or silica claim arising out of a nonmalignant condition shall not affect the ability of the same exposed person to bring a separate asbestos or silica claim arising out of an asbestos- or silica-related cancer, that otherwise meets all the requirements of Sections 44-135-50 or 44-135-60."
SECTION 2. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted, as amended.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3414 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 7-15-220, 7-15-380, AS AMENDED, 7-15-385, AS AMENDED, AND 7-15-420, AS AMENDED, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE SIGNATURE OR MARK OF AN ABSENTEE APPLICANT BE WITNESSED.
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 (JUD3414.003), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 7-15-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASTING A BALLOT BY MEANS OF AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT THE MANAGERS MAY BEGIN THE PROCESS OF EXAMINING THE RETURN-ADDRESSED ENVELOPES FOR ABSENTEE BALLOTS AT 9:00 A.M. INSTEAD OF 2:00 P.M.;
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-15-420 of the 1976 Code, as last amended by Act 227 of 1996, is further amended to read:
"Section 7-15-420. The county election commission, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 2:00 p.m. 9:00 a.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. No A ballot may not be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked 'Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. When the polls have closed and all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. Beginning at 9:00 a.m. on election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any ballot is challenged, the return-addressed envelope may must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must
SECTION 2. This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice. /
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.
H. 3833 (Word version) -- Rep. White: A BILL TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (H-3833 AMENDMENT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 13-7-45 (A) of the 1976 Code, as last amended by Act 552 of 1990, is further amended to read:
"(A)(1) The South Carolina Department of Health and Environmental Control shall promulgate regulations and establish a schedule for the collection of annual fees for the licensing, registration, and certification of users of the sources of ionizing and nonionizing radiation. The fees collected must be sufficient, in the judgment of the department, to protect the public health and safety and the environment
(2) The department shall promulgate regulations and establish a schedule for the collection of an annual fee for the registration of a source of nonionizing radiation which is used in a commercial establishment for the tanning of human skin. The registration fee must be sufficient in the judgment of the department to protect the public health and safety and the environment and to recover the costs incurred by the department in registering the source of nonionizing radiation and in performing emergency corrective measures intended to protect the public health and safety or the environment pursuant to the provisions of law.
(3) The department shall have no duty to inspect a source of nonionizing radiation unless it has received credible information indicating a violation of applicable statutes or regulations or the existence of a public health emergency."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator O'DELL 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. 4347 (Word version) -- Reps. Limehouse, Harrell, Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, M.A. Pitts, J.E. Smith, Hagood, Whipper and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER IS AUTHORIZED TO BE AND TO FURTHER PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE.
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 (JUD4347.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting therein the following:
/ SECTION 1. Subarticle 1, Article 3, Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-97. (A) A woman may breastfeed her child in any location where the mother and her child are authorized to be.
(B) Breastfeeding a child in a location where the mother is authorized to be is not considered indecent exposure."
SECTION 2. Section 16-15-130 of the 1976 Code is amended to read:
"Section 16-15-130. (A)(1) It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.
(2) This subsection does not apply to a woman who breastfeeds her own child in a public place, on property of others, to the view of any person on a street or highway, or any other place where a woman and her child are authorized to be.
(B) A person who violates the provisions of this section subsection (A)(1) is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 3. This act takes effect upon approval by the Governor. / Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1235 (Word version) -- Senators McConnell and Alexander: A SENATE RESOLUTION AUTHORIZING THE SOCIETY OF THE CINCINNATI OF THE STATE OF SOUTH CAROLINA TO USE
Senator ALEXANDER explained the Senate Resolution.
Senator RICHARDSON spoke on the Senate Resolution.
The Senate Resolution was adopted.
S. 1256 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 2006, AND FRIDAY, JUNE 16, 2006.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4765 (Word version) -- Reps. McGee, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 16, 2006, FROM 11:30 A.M. TO 12:30 P.M. FOR ITS ANNUAL STATE HOUSE MEETING.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4868 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 30-MAY 7, 2006, AS SOIL AND WATER STEWARDSHIP WEEK IN SOUTH CAROLINA AND TO COMMEND THE CONSERVATION DISTRICTS OF SOUTH CAROLINA FOR PROMOTING WISE AND RESPONSIBLE STEWARDSHIP OF OUR SOIL AND WATER.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4821 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 139 IN HORRY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 701 IN THE TOWN OF LORIS TO ITS INTERSECTION WITH CANE BRANCH ROAD IN THE CITY OF CONWAY THE "AUSTIN M. ENZOR MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AUSTIN M. ENZOR MEMORIAL HIGHWAY".
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senator CLEARY proposed the following amendment (4821R001.REC), which was adopted:
Amend the concurrent resolution, as and if amended, page 2, by striking lines 17-24 and inserting:
/ That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the portion of Highway S26-139 (Cane Branch Road) in Horry County from its intersection with S26-19 to its intersection with S26-97 (Adrian Highway) the "Austin M. Enzor Memorial Highway" and to erect appropriate markers or signs along this highway that contain the words "Austin M. Enzor Memorial Highway." /
Renumber sections to conform.
Amend title to conform.
The Concurrent Resolution was adopted, as amended, ordered returned to the House.
S. 1163 (Word version) -- Senators Sheheen, Reese, Hutto and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 15 SO AS TO ENACT THE "SUCCESSOR ASBESTOS-RELATED LIABILITY FAIRNESS ACT", TO DEFINE CERTAIN TERMS RELATED TO ASBESTOS-RELATED CLAIMS, TO LIMIT SUCCESSOR ASBESTOS-RELATED LIABILITIES OF A CORPORATION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXCEPTIONS TO THE LIMITATIONS ON SUCCESSOR LIABILITY, AND TO PROVIDE A METHOD FOR ESTABLISHING THE FAIR MARKET VALUE OF TOTAL GROSS ASSETS IN DETERMINING THE LIMITATIONS ON SUCCESSOR LIABILITY.
On motion of Senator MALLOY, with unanimous consent, the Bill was carried over.
S. 1200 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2006 AND 2007, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-ONE DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS AND TO EXTEND RETROACTIVELY TO 2005 THESE FEES AS ESTABLISHED IN JOINT RESOLUTION 116 OF 2003.
On motion of Senator KNOTTS, with unanimous consent, the Joint Resolution was carried over.
S. 1094 (Word version) -- Senators Leatherman, Alexander and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-370 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND COMMISSION OFFICERS AND MANAGEMENT EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR
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 (1094R001.NGS), which was adopted:
Amend the bill, as and if amended, page 4, by striking lines 5 through 8 and inserting:
/ "The provisions of this subsection do not apply to an employee or affiliate of a fiduciary described in Section 9-16-10(4)(a) and (b) if the commission elects specifically to waive this application by written contract with such a fiduciary. The commission shall disclose any such waivers in its quarterly report." /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
On motion of Senator RYBERG, with unanimous consent, the Bill was carried over, as amended.
On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 1094.
H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
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 (JUD3831.005), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-7-910 of the 1976 Code, as last amended by Act 466 of 1996, is further amended to read:
"Section 7-7-910. (A) Subject to the provisions of Section 7-7-920 and Section 7-5-440 and except as provided in subsection (B) of this section, every each elector must be registered and, unless otherwise specified on his voting certificate, shall vote at the designated polling place within the precinct of his residence, but in incorporated municipalities in which officers are elected by wards or other municipal subdivisions, electors must be registered and shall vote at their designated polling places.
(B)(1) For purposes of this subsection, an 'emergency situation' means the designated polling place is not available for use as a polling place on the election day after the first notice of the election is published.
(2) If a designated polling place in a precinct is unavailable for use during an election as a result of an emergency situation, the authority charged by law with conducting the election shall designate an alternative polling place to be used for the electors in that precinct for any election occurring during the emergency situation. An alternative polling place for an emergency situation must be approved by the majority of the legislative delegation if the designation occurs more than seven days prior to the election. If an alternative polling place for an emergency situation is designated seven days or less prior to the election, the authority charged by law with conducting the election must notify the members of the legislative delegation of the alternative polling place.
(3) The alternative polling place is not required to be within the precinct of the elector's residence; however, the authority charged by law with conducting the election may designate an alternative polling place outside the precinct only if no other location within the precinct is available for use as a polling place. If an alternative polling place is outside the precinct, it must be located in an adjoining precinct. The alternative polling place must be selected with consideration of the distance the electors would be required to travel in order to vote.
(4) Every attempt must be made to notify electors of the alternative polling place before the election and on the day of the
(C) If an alternative polling place outside of the precinct is selected pursuant to subsection (B) of this section, the authority charged by law with conducting the election shall certify in writing to the State Election Commission that no other location within the precinct is available for use as a polling place and that the selection of a polling place was made with consideration of the distance electors would have to travel to vote."
SECTION 2. This act takes effect upon approval by the Governor and must not be put into practice until it receives preclearance by the United States Department of Justice. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
On motion of Senator RITCHIE, with unanimous consent, the Bill was carried over, as amended.
On motion of Senators KNOTTS, COURSON, CROMER, SETZLER, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SCOTT, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Elizabeth Vance Padgett Myers, 56, of Lexington, S.C., beloved wife of Mr. Donald V. Myers, Solicitor for the Eleventh Judicial Circuit.
At 1:45 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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