Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by Senator ALEXANDER as follows:
Beloved, hear a word about the election of judges from the Old Testament Book of Judges, 2:17:
"Nevertheless, the Lord raised up judges who delivered the people out of the hand of those who plundered them."
Let us pray.
Father, we pray for guidance upon the members of the House and Senate as they go into a joint session today for the election of judges for these days.
Guide, O Lord, and give profound wisdom to our judges as they make multitudes of decisions about so much for the lives of Your people.
Give to our people the confidence in the laws of our land that become the cemented foundation for our whole civil life!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:12 A.M., Senator McCONNELL assumed the Chair.
S. 1110 (Word version) -- Senators Hayes, Rankin, Verdin, Cleary, Cromer, Courson, Richardson, Sheheen, Land, Alexander, Moore, Setzler, Leventis, Thomas, Matthews, Hutto, Fair, Ford, Martin, Short, McConnell, Reese, Pinckney, Grooms and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-9-130 SO AS TO PROVIDE THAT SOUTH CAROLINA STATE HOSPITAL PROPERTY OWNED OR HELD BY THE DEPARTMENT OF MENTAL HEALTH THAT IS NOT IN USE MAY BE SOLD OR LEASED, TO CREATE A SPECIAL TRUST FUND FOR THE DEPOSIT OF PROCEEDS FROM THE SALE OR LEASE OF SUCH PROPERTY, TO PROVIDE THAT THESE FUNDS MUST BE USED TO REPLACE ADULT LONG-TERM HOSPITALIZATION SERVICES AND FORENSIC SERVICES, AND TO PROHIBIT THE DEPARTMENT FROM USING THESE FUNDS TO SUPPLANT ITS CURRENT LEVEL OF APPROPRIATED FUNDING.
On motion of Senator PATTERSON, with unanimous consent, the name of Senator PATTERSON was added as a co-sponsor of S. 1110.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 15, 2006, at 11:15 A.M. and the following Acts and Joint Resolutions were ratified:
(R222, S. 141 (Word version)) -- Senators Hayes, Knotts and Elliott: AN ACT TO AMEND SECTION 15-49-20 OF THE 1976 CODE, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST, TO CREATE THE OFFENSES OF KNOWINGLY AND WILFULLY FALSIFYING AN AFFIDAVIT AND OF KNOWINGLY AND WILFULLY FALSIFYING AN AFFIDAVIT BY A PERSON REQUIRED TO BE REGISTERED PURSUANT TO THE SEX OFFENDER REGISTRY UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE PENALTIES FOR THESE VIOLATIONS, AND TO EXEMPT A PERSON DESIRING TO RESUME HER MAIDEN NAME FROM THE REQUIREMENTS OF THIS SECTION.
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(R223, S. 293 (Word version)) -- Senators Hayes and Knotts: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-47 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER FROM GEORGIA OR NORTH CAROLINA WHO ENTERS SOUTH CAROLINA IN FRESH PURSUIT OF A PERSON HAS THE SAME AUTHORITY TO ARREST THE PERSON WITHIN THIS STATE UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PROCEDURE TO DETERMINE THE LAWFULNESS OF THE ARREST, THE RELEASE OF THE PERSON ARRESTED, AND THE EXTRADITION OF THE PERSON ARRESTED.
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(R224, S. 384 (Word version)) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory, Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: AN ACT TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH CIGARETTES OR TOBACCO, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO DISTRIBUTING TO AND PURCHASING FOR MINORS ANY TOBACCO PRODUCT; TO PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT PROOF OF AGE; TO PROVIDE THAT IT IS A DEFENSE TO REASONABLY RELY ON THE PROOF OF AGE AN INDIVIDUAL PROVIDES; TO PROVIDE THAT IT IS UNLAWFUL TO SELL A TOBACCO PRODUCT THROUGH A VENDING MACHINE UNLESS THE LOCATION IS ONLY OPEN TO INDIVIDUALS OVER EIGHTEEN OR UNLESS THE VENDING MACHINE IS UNDER CONTINUOUS CONTROL BY THE OWNER, AND TO INCREASE FINES FOR VIOLATIONS; TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE TO PURCHASE OR POSSESS, OR ATTEMPT TO PURCHASE OR POSSESS, A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO PROVIDE THAT A VIOLATION BY A MINOR IS A NONCRIMINAL, CIVIL VIOLATION AND IN LIEU OF IMPOSING A FINE, A MINOR MAY BE REQUIRED TO ATTEND A SMOKING CESSATION PROGRAM OR PERFORM COMMUNITY SERVICE; TO PROVIDE THAT A MINOR'S DRIVING PRIVILEGES MAY BE DELAYED OR RESTRICTED IF THE MINOR FAILS TO PAY THE FINE OR COMPLETE AN ALTERNATIVE REQUIREMENT; TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MAY BE USED FOR CITING A VIOLATION BY A MINOR; TO REQUIRE LAW ENFORCEMENT TO NOTIFY THE MINOR'S PARENTS OF THE VIOLATION; TO PLACE JURISDICTION OF THESE CASES ONLY IN THE MUNICIPAL AND MAGISTRATE'S COURTS; AND TO REQUIRE RETAIL ESTABLISHMENTS SELLING TOBACCO PRODUCTS TO TRAIN ITS EMPLOYEES REGARDING UNLAWFUL SALES TO MINORS; AND TO AMEND SECTION 16-17-501, RELATING TO, AMONG OTHER THINGS, THE DEFINITION OF "PROOF OF AGE" WITH REGARD TO THE SALE AND PURCHASE OF TOBACCO, SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE STATE OR THE UNITED STATES ARMED SERVICES IS ACCEPTABLE PROOF OF AGE; AND TO DELETE THE PROVISIONS DISBURSING FINES COLLECTED.
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(R225, S. 617 (Word version)) -- Senators Alexander, Setzler, Short, Verdin, Ryberg, Knotts, Campsen and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO PROPOSE A FURTHER AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
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(R226, S. 947 (Word version)) -- Senators Courson, Hayes, Matthews, Setzler, Lourie, Short, Fair, Leventis, Land, Alexander, Ford, Gregory, O'Dell, Malloy, Moore, McConnell, J. Verne Smith, Sheheen, McGill, Knotts, Cleary, Richardson, Jackson, Patterson and Hutto: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.
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(R227, S. 1024 (Word version)) -- Senator Thomas: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN GREENVILLE COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
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(R228, S. 1036 (Word version)) -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 967 OF 1962, AS AMENDED, RELATING TO YORK COUNTY COMMISSION FOR TECHNICAL EDUCATION AS SECTIONS 59-53-1310, 59-53-1320, 59-53-1330, AND 59-53-1340 OF THE 1976 CODE TO BE CONTAINED IN ARTICLE 16, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "YORK COMMISSION FOR TECHNICAL EDUCATION"; AND TO AMEND ARTICLE 16, CHAPTER 53 OF TITLE 59, RELATING TO THE YORK COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ADD A MEMBER TO THE COMMISSION FROM CHESTER COUNTY AND A MEMBER FROM LANCASTER COUNTY, TO PROVIDE FOR THEIR APPOINTMENTS AND TERMS OF OFFICE; AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
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(R229, S. 1074 (Word version)) -- Senator O'Dell: AN ACT TO AMEND SECTIONS 59-53-210 AND 59-53-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRI-COUNTY TECHNICAL COLLEGE DISTRICT AND THE TRI-COUNTY TECHNICAL COLLEGE COMMISSION AND THE EDUCATION INSTITUTION CREATED AND OPERATED BY THE COMMISSION, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE DISTRICT, TO CHANGE THE NAME OF THE COMMISSION TO THE TRI-COUNTY TECHNICAL AND COMMUNITY COLLEGE COMMISSION, AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED AND OPERATED BY IT AS THE TRI-COUNTY COMMUNITY COLLEGE.
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(R230, S. 1078 (Word version)) -- Senators Cleary, Rankin and McGill: AN ACT TO AMEND JOINT RESOLUTION 272 OF 1985, RELATING TO THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO USE A PORTION OF THE IMPACT FEES TO CONSTRUCT A FACILITY OR BUILDING IN WHICH TO HOUSE OR STORE FIRE FIGHTING EQUIPMENT.
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(R231, H. 3221 (Word version)) -- Reps. Clemmons, Rice, Simrill, Mahaffey, Wilkins, Harrell, Harrison, Cato, J. Brown, Townsend, Edge, Merrill, Chellis, Ott, R. Brown, Mack, Barfield, Witherspoon, Duncan, M.A. Pitts, Owens, Chalk, Bailey, Ceips, Haley, Viers, Hardwick and Toole: AN ACT TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE GAP ASSISTANCE PHARMACY PROGRAM FOR SENIORS ACT AND TO PROVIDE THAT THIS PROGRAM CREATED WITHIN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES MUST COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME SENIOR RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS DURING THE ANNUAL MEDICARE PART D COVERAGE GAP, TO REQUIRE THAT A PARTICIPANT BE ENROLLED IN A GAPS PARTICIPATING MEDICARE PART D DRUG PLAN, TO CLARIFY OTHER ELIGIBILITY CRITERIA, AND TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE ENROLLEE'S ANNUAL OUT-OF-POCKET DRUG EXPENSES REACH THE POINT THAT STANDARD MEDICARE PART D BENEFITS ARE NO LONGER AVAILABLE AND THAT BENEFITS TERMINATE WHEN THE PARTICIPANT'S ANNUAL OUT-OF-POCKET EXPENSES REACH THE POINT THAT CATASTROPHIC MEDICARE PART D BENEFITS BECOME AVAILABLE; AND TO REPEAL CHAPTER 130, TITLE 44, RELATING TO THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT.
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(R232, H. 3335 (Word version)) -- Reps. Limehouse, Hagood, Merrill, Whipper, Altman, Breeland, R. Brown, Chellis, Harrell, Hinson, Mack, Scarborough, Umphlett, Ceips and Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-676 SO AS TO DESIGNATE SWEET GRASS BASKET THE OFFICIAL STATE LOWCOUNTRY HANDCRAFT.
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(R233, H. 3381 (Word version)) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE THE TERMS "LOCAL GOVERNING BODY", "OFF-PREMISES OUTDOOR ADVERTISING SIGN", "JUST COMPENSATION", AND "SIGN OWNER", TO AUTHORIZE LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO ALLOW LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT; BY ADDING SECTION 57-25-145 SO AS TO RESTRICT THE USE OF OFF-PREMISES OUTDOOR ADVERTISING SIGNS FOR ADULT OR SEXUALLY-ORIENTED BUSINESSES WITHIN ONE MILE OF A PUBLIC HIGHWAY AND TO PROVIDE A CRIMINAL PENALTY FOR A VIOLATION OF THIS RESTRICTION; TO AMEND SECTION 57-25-120, AS AMENDED, RELATING TO DEFINITIONS FOR THE PURPOSES OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO ADD THE TERMS "ADULT BUSINESS", "SEMI-NUDITY", "SEXUALLY-ORIENTED BUSINESS", AND "SEXUALLY-ORIENTED MATERIALS"; AND TO AMEND SECTION 57-25-130, AS AMENDED, RELATING TO THE DECLARATION OF THE PURPOSE OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE MITIGATING THE SECONDARY EFFECTS OF SEXUALLY-ORIENTED BUSINESSES AND LIMITING HARM TO MINORS.
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(R234, H. 4365 (Word version)) -- Rep. Rhoad: AN ACT TO AMEND SECTION 7-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DELETE ARCHAIC LANGUAGE, TO DELETE A SPECIFIC REFERENCE TO A VOTING PLACE, AND TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BAMBERG COUNTY REGISTRATION AND ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BAMBERG COUNTY LEGISLATIVE DELEGATION.
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(R235, H. 4385 (Word version)) -- Reps. Chalk and Herbkersman: AN ACT TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO EXTEND THE TERMS OF COMMISSIONERS CURRENTLY SERVING BY ONE YEAR SO AS TO HAVE THEIR ELECTION IN EVEN-NUMBERED YEARS.
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(R236, H. 4494 (Word version)) -- Reps. Hosey and Rhoad: AN ACT TO CREATE THE BARNWELL COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.
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At 11:28 A.M., the PRESIDENT assumed the Chair.
The following was received and referred to the appropriate committee for consideration:
Document No. 3040
Agency: Department of Natural Resources
310, 50-11-335, 50-11-350, 50-11-390, 50-11-430, 50-11-500, 50-11-520, 50-11-530 50-11-854, and 50-11-2200
SUBJECT: Hunting in Wildlife Management Areas
Received by Lieutenant Governor February 14, 2006
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration January 21, 2007
(Subject to Sine Die Revision)
Senator McCONNELL introduced Dr. Richard Kline of Mount Pleasant, S.C., Doctor of the Day.
The following were introduced:
S. 1146 (Word version) -- Senators Campsen and Gregory: A BILL TO AMEND SECTION 50-21-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
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.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1148 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SENATE UPON THE PASSING OF DR. JOSEPH M. STILL, JR. AND TO EXPRESS THE DEEPEST SYMPATHY TO HIS FAMILY, MANY FRIENDS, AND COLLEAGUES.
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The Senate Resolution was adopted.
S. 1149 (Word version) -- Senator Martin: A SENATE RESOLUTION CONGRATULATING TOMMY PRESTON, JR. OF CLEMSON, SOUTH CAROLINA, UPON THE OCCASION OF HIS ELECTION AS STUDENT BODY PRESIDENT AT THE UNIVERSITY OF SOUTH CAROLINA, AND TO WISH HIM MUCH SUCCESS DURING HIS TERM AND IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1150 (Word version) -- Senators Matthews, Hutto and Land: A BILL TO AMEND SECTION 27-16-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF BINGO BY THE CATAWBA INDIAN TRIBE UNDER THE CATAWBA INDIAN CLAIMS SETTLEMENT ACT AND THE TERMS AND CONDITIONS RELATING THERETO, SO AS TO REPEAL ANY RIGHT OF THE CATAWBA INDIAN TRIBE TO OPERATE VIDEO POKER AND SIMILAR ELECTRONIC PLAY DEVICES AND TO ALSO PERMIT THE TRIBE TO CONDUCT CLASS II ELECTRONIC BINGO GAMING AT A SINGLE TRIBAL FACILITY LOCATED IN ORANGEBURG COUNTY; TO AMEND CHAPTER 16 OF TITLE 27, RELATING TO THE CATAWBA INDIAN CLAIMS SETTLEMENT ACT, BY ADDING SECTIONS 27-16-200 THROUGH 27-16-350 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE CATAWBA INDIAN TRIBE MAY DEVELOP AND OPERATE A CLASS II ELECTRONIC BINGO FACILITY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; BY ADDING SECTION 12-8-2050 SO AS TO PROVIDE THAT THE CATAWBA INDIAN TRIBE AND ITS ELECTRONIC BINGO FACILITY OPERATION SHALL COMPLY WITH ALL APPLICABLE REPORTING AND WITHHOLDING REQUIREMENTS OF THE INTERNAL REVENUE SERVICE AND THE SOUTH CAROLINA DEPARTMENT OF REVENUE; BY ADDING SECTION 12-21-4285 SO AS TO PROVIDE THAT NOTHING IN EXISTING BINGO REGULATORY PROVISIONS OF LAW MAY BE DEEMED TO AUTHORIZE THE STATE TO IMPOSE ANY TAX, FEE, CHARGE, OR ASSESSMENT UPON THE CATAWBA INDIAN TRIBE AND ITS GAMING OPERATION EXCEPT FOR CHARGES EXPRESSLY AUTHORIZED PURSUANT TO CHAPTER 16 OF TITLE 27; AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ABOVE PROVISIONS INCLUDING A REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE TRIBE FILE A CERTIFICATION WITH THE SECRETARY OF STATE THAT THE EXECUTIVE COMMITTEE OF THE TRIBE HAS VOTED TO WAIVE AND DISCLAIM ANY RIGHT TO OPERATE VIDEO POKER DEVICES AND TO DISMISS ANY PENDING LAWSUITS OR TO BRING FURTHER LAWSUITS AGAINST THE STATE OF SOUTH CAROLINA ON THIS BASIS.
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Read the first time and referred to the Committee on Judiciary.
H. 4607 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION ON INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY IN HONOR OF RETIRED FAMILY COURT JUDGE WILLIAM J. MCLEOD IN RECOGNITION OF HIS MANY CONTRIBUTIONS, AND INSTALL APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "JUDGE BILL MCLEOD INTERCHANGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4646 (Word version) -- Reps. Townsend and Skelton: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-FOUR SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2006 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4649 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO HONOR THE LAKE ROBINSON RESCUE SQUAD OF HARTSVILLE ON THE OCCASION OF ITS FORTIETH ANNIVERSARY AND TO RECOGNIZE THE SQUAD'S HISTORY OF SERVICE TO THE COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Anderson and Ford: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1045 (Word version) -- Senators Ritchie, Bryant and Campsen: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO REDUCE THE MARRIAGE LICENSE FEE FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1050 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant, Setzler and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FAMILY COURT REFORM ACT OF 2006", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, SO AS TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDE ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT, AND TO REQUIRE THAT IF THE PAYOR SPOUSE IS EVER TEN DAYS OR MORE LATE IN PAYING HIS OBLIGATION, THEN, UPON THE FILING OF AN AFFIDAVIT BY THE PAYEE SPOUSE, ALL FUTURE PAYMENTS, ALONG WITH A SERVICE FEE, MUST BE MADE THROUGH THE CLERK OF COURT; TO AMEND TITLE 20, RELATING TO THE CHILDREN'S CODE, BY ADDING CHAPTER 6, ENTITLED THE "SOUTH CAROLINA FAMILY COURT HEARING OFFICER ACT", SO AS TO ESTABLISH FAMILY COURT HEARING OFFICERS; TO AMEND CHAPTER 7 OF TITLE 20, RELATING TO THE PAYMENT OF CHILD SUPPORT, BY ADDING SECTION 20-7-93, SO AS TO REQUIRE THAT IN CHILD SUPPORT ORDERS, THE PAYMENT MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDES ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT; TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF FAMILY COURT IN DOMESTIC MATTERS, SO AS TO ADD A SUBSECTION CONCERNING FAMILY COURT JURISDICTION IN FRIVOLOUS MATTERS AND TO MANDATE THAT JUDGES SANCTION PARTIES WITH TWO OR MORE PRIOR DETERMINATIONS OF FILING A FRIVOLOUS CLAIM OR MOTION; TO AMEND SECTION 20-7-472, RELATING TO THE EQUITABLE APPORTIONMENT AND CRITERIA OF MARITAL PROPERTY, SO AS TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN EQUITABLE DISTRIBUTION FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 20-7-570, RELATING TO A FALSE REPORT OF SUSPECTED CHILD ABUSE OR NEGLECT MADE MALICIOUSLY OR IN BAD FAITH, SO AS TO MANDATE THAT JUDGES SANCTION THE REPORTING PARTY UPON A SECOND OR SUBSEQUENT DETERMINATION OF MAKING A FALSE REPORT MALICIOUSLY OR IN BAD FAITH; AND TO AMEND TITLE 20, BY ADDING CHAPTER 8, ENTITLED THE "SOUTH CAROLINA FAMILY LAW MEDIATION ACT", SO AS TO MANDATE MEDIATION IN ALL DOMESTIC RELATIONS ACTIONS IN FAMILY COURT, TO PROVIDE FOR EXCEPTIONS WHERE MEDIATION IS NOT REQUIRED AND EXCEPTIONAL CIRCUMSTANCES WHERE MEDIATION MAY BE WAIVED, TO PROVIDE A TIMEFRAME WITHIN WHICH MEDIATION MUST BE ACCOMPLISHED, AND TO PROVIDE THAT NO FINAL HEARING IN A DOMESTIC RELATIONS ACTION SHALL BE SCHEDULED UNTIL MEDIATION IS COMPLETED IN THE MATTER, UNLESS IT IS EXEMPTED OR EXCEPTED FROM MEDIATION.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:
S. 1084 (Word version) -- Senators McConnell, Ritchie, Bryant, Campsen and Ford: A BILL TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 3580 (Word version) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks, Phillips, Rhoad, Rice, Simrill, D.C. Smith, G.R. Smith, J.E. Smith, Taylor, Townsend, Umphlett, Witherspoon, Talley and McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR MEMBERS OF THE STATE GUARD AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 4294 (Word version) -- Reps. Rhoad, Bailey and Moody-Lawrence: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BAMBERG, SOUTH CAROLINA, TO THE CITY OF BAMBERG.
Ordered for consideration tomorrow.
Columbia, S.C., February 9, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.220, H. 4394 by a vote of 14 to 1:
(R220, H4394 (Word version)) -- Reps. W.D. Smith, Littlejohn, Mitchell, Mahaffey, Talley, Walker and Sinclair: AN ACT TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED BY IT AS THE SPARTANBURG COMMUNITY COLLEGE.
Very respectfully,
Speaker of the House
Received as information.
(R220, H4394 (Word version)) -- Reps. W.D. Smith, Littlejohn, Mitchell, Mahaffey, Talley, Walker and Sinclair: AN ACT TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED BY IT AS THE SPARTANBURG COMMUNITY COLLEGE.
Senator HAWKINS asked unanimous consent to take up the veto for immediate consideration.
There was no objection.
Senator COURSON spoke on the veto.
Senator COURSON moved to sustain the veto by the Governor.
Senator HAWKINS spoke on the veto.
Senator HAWKINS moved to override the veto by the Governor.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Cromer Drummond Elliott Ford Grooms Hawkins Jackson Knotts Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Verdin
Courson Hayes Hutto Land Leatherman Leventis Setzler Short Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator GROOMS spoke on the veto.
Having voted on the prevailing side, Senator GROOMS moved to reconsider the vote whereby the Senate overrode the veto of the Governor.
The question then was the motion to reconsider the vote whereby the Senate overrode the veto of the Governor.
On motion of Senator McCONNELL, with unanimous consent, the motion to reconsider was carried over.
At 11:55 A.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, 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:
S. 1062 (Word version) -- Senators Ritchie, Ford and Cleary: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 15, 2006, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2006; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2007, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES JUNE 30, 2013; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2006.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Associate Justice of the Supreme Court, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Costa M. Pleicones been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Costa M. Pleicones in nomination, moved that the 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 Costa M. Pleicones had been elected to the position of Associate Justice of the Supreme Court, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Court of Appeals, Seat #8.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Thomas E. Huff had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Thomas E. Huff in nomination, moved that the 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 E. Huff had been elected to the position of Judge, Court of Appeals, Seat #8 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 4th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable J. Michael Baxley had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable J. Michael Baxley in nomination, moved that the 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 J. Michael Baxley had been elected to the position of Judge, 4th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 5th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable L. Casey Manning had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable L. Casey Manning in nomination, moved that the 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. Casey Manning had been elected to the position of Judge, 5th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 7th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Roger L. Couch had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Roger L. Couch in nomination, moved that the 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 Roger L. Couch had been elected to the position of Judge, 7th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 8th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable James W. Johnson, Jr. had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable James W. Johnson, Jr. in nomination, moved that the 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 W. Johnson, Jr. had been elected to the position of Judge, 8th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 9th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Daniel F. Pieper had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Daniel F. Pieper in nomination, moved that the 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 Daniel F. Pieper had been elected to the position of Judge, 9th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 10th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Alexander S. Macaulay had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Alexander S. Macaulay in nomination, moved that the 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 Alexander S. Macaulay had been elected to the position of Judge, 10th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 11th Judicial Circuit, Seat #1.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Wm. Paul Keesley had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Wm. Paul Keesley in nomination, moved that the 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 Wm. Paul Keesley had been elected to the position of Judge, 11th Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 13th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John C. Few had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable John C. Few in nomination, moved that the 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. Few had been elected to the position of Judge, 13th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 14th Judicial Circuit, Seat #1.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Perry M. Buckner III had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Perry M. Buckner III in nomination, moved that the 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 Perry M. Buckner III had been elected to the position of Judge, 14th Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 3rd Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable George C. "Buck" James, Jr. had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable George C. "Buck" James, Jr. in nomination, moved that the 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 George C. "Buck" James, Jr. had been elected to the position of Judge, 3rd Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 3rd Judicial Circuit, Seat #1.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ralph Ferrell Cothran, Jr. and Wm. Thomas Geddings, Jr. had been screened and found qualified to serve.
On motion of Representative Delleney, the name of Ralph Ferrell Cothran, Jr. was placed in nomination.
On motion of Representative Delleney, the name of Wm. Thomas Geddings, Jr. was withdrawn from consideration.
Representative Delleney 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 Ralph Ferrell Cothran, Jr. had been elected to the position of Judge, 3rd Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 11th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Judge Kellum W. Allen, Mr. R. Knox McMahon and Ms. Lisa Lee Smith had been screened and found qualified to serve.
On motion of Representative Delleney, the name of Mr. R. Knox McMahon was placed in nomination.
On motion of Representative Delleney, the names of Ms. Lisa Lee Smith and Judge Kellum W. Allen were withdrawn from consideration.
Representative Delleney 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 R. Knox McMahon had been elected to the position of Judge, 11th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, 14th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection commission, indicated that Diane P. DeWitt, Carmen Tevis Mullen, and Thomas C. Taylor had been screened and found qualified to serve.
On motion of Representative Delleney, the names of Diane P. DeWitt, Carmen Tevis Mullen, and Thomas C. Taylor were placed 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 Ms. DeWitt:
Anderson Campsen Gregory Hawkins Hayes Land Leventis Lourie Malloy Matthews McConnell Patterson Pinckney Scott Setzler Sheheen Williams
The following named Senators voted for Ms. Mullen:
Alexander Drummond Fair Ford Jackson Leatherman McGill O'Dell Rankin Reese Thomas Verdin
The following named Senators voted for Mr. Taylor:
Bryant Cleary Cromer Elliott Grooms Hutto Knotts Martin Mescher Moore Peeler Richardson Ritchie Ryberg
On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Dewitt:
Bales Breeland Brown, R. Ceips Cotty Funderburk Hagood Harrison Hines, J. Hines, M. Hodges Kirsh Littlejohn Mack Martin McCraw McLeod Moody-Lawrence Neilson Ott Rhoad Rivers Sinclair Whipper
The following named Representatives voted for Ms. Mullen:
Allen Anderson Bailey Bannister Battle Brady Branham Brown, J. Cato Chalk Chellis Clark Clemmons Cooper Dantzler Duncan Edge Emory Frye Govan Haley Hamilton Harrell Hiott Huggins Jefferson Leach Limehouse Mahaffey McGee Miller Mitchell Neal, J.M. Norman Perry Phillips Pitts, M.A. Rutherford Sandifer Scarborough Scott Smith, D.C. Smith, F.N. Smith, G.R. Smith, J.E. Smith, J.R. Taylor Townsend Vaughn Weeks White Whitmire Witherspoon
The following named Representatives voted for Mr. Taylor:
Agnew Altman Ballentine Barfield Bingham Bowers Brown, G. Clyburn Coates Cobb-Hunter Delleney Hardwick Hayes Herbkersman Hinson Hosey Howard Jennings Loftis Lucas Merrill Neal, J.H. Owens Pinson Pitts, E.H. Rice Simrill Skelton Smith, G.M. Smith, W.D. Stewart Talley Thompson Toole Umphlett Vick Viers Walker Young
Total number of Senators voting 43
Total number of Representatives voting 116
Grand Total 159
Necessary to a choice 80
Of which Ms. Dewitt received 41
Of which Ms. Mullen received 65
Of which Mr. Taylor received 53
No candidate having received a majority vote, the PRESIDENT ordered the General Assembly to proceed to a subsequent ballot.
On motion of Representative Delleney, the name of Ms. Diane P. DeWitt, was withdrawn from consideration.
The following named Senators voted for Ms. Mullen:
Alexander Anderson Drummond Fair Ford Jackson Land Leatherman Lourie Malloy McGill O'Dell Pinckney Rankin Reese Thomas Verdin Williams
The following named Senators voted for Mr. Taylor:
Bryant Campsen Cleary Cromer Elliott Gregory Grooms Hawkins Hayes Hutto Knotts Leventis Martin Matthews McConnell Mescher Moore Patterson Peeler Richardson Ritchie Ryberg Scott Setzler Sheheen
On motion of Representative Scott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Mullen:
Allen Anderson Bailey Bannister Battle Brady Branham Breeland Brown, J. Brown, R. Cato Ceips Chalk Chellis Clark Clemmons Cooper Dantzler Davenport Duncan Edge Emory Frye Funderburk Govan Haley Hamilton Harrell Hines, J. Hines, M. Hiott Huggins Jefferson Kirsh Leach Limehouse Littlejohn Mack Mahaffey Martin McCraw McGee Miller Mitchell Moody-Lawrence Neal, J.M. Neilson Norman Parks Perry Phillips Pitts, M.A. Rivers Rutherford Sandifer Scarborough Smith, D.C. Smith, F.N. Smith, G.R. Smith, J.E. Smith, J.R. Taylor Townsend Vaughn Weeks Whipper White Whitmire Witherspoon
The following named Representatives voted for Mr. Taylor:
Agnew Altman Ballentine Barfield Bingham Bowers Brown, G. Clyburn Coates Cobb-Hunter Cotty Delleney Hagood Hardwick Harrison Haskins Herbkersman Hinson Hodges Hosey Howard Jennings Loftis Lucas McLeod Merrill Neal, J.H. Ott Owens Pinson Pitts, E.H. Rhoad Rice Simrill Sinclair Skelton Smith, G.M. Smith, W.D. Stewart Talley Thompson Toole Umphlett Vick Viers Walker Young
Total number of Senators voting 43
Total number of Representatives voting 116
Grand Total 159
Necessary to a choice 80
Of which Ms. Mullen received 87
Of which Mr. Taylor received 72
Whereupon, the PRESIDENT announced that the Honorable Carmen Tevis Mullen had been elected to the position of Judge, 14th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 13th Judicial Circuit, Seat #1.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Rochelle Y. Williamson had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Rochelle Y. Williamson in nomination, moved that the 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 Rochelle Y. Williamson had been elected to the position of Judge, Family Court, 13th Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Administrative Law Court, Seat #6.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Ralph K. "Tripp" Anderson III had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Ralph K. "Tripp" Anderson III in nomination, moved that the 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 Ralph K. "Tripp" Anderson III had been elected to the position of Judge, Administrative Law Court, Seat #6 for the term prescribed by law.
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 12:40 P.M., the Senate resumed.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1021 (Word version) -- Senators Grooms, Mescher and Campsen: A BILL TO REQUIRE A SPECIAL CALCULATION OF THE ROLLBACK PROPERTY TAX MILLAGE IMPOSED FOR SCHOOL OPERATIONS IN BERKELEY COUNTY IN LIEU OF THE ROLLBACK MILLAGE CALCULATED IN THE MANNER PROVIDED BY GENERAL LAW.
By prior motion of Senator MESCHER
Having voted on the prevailing side, Senator GROOMS asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given third reading.
There was no objection.
The Bill was ordered returned to the Local Third Reading Calendar.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 3554 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A SELF-INSURER FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT AN IRREVOCABLE LETTER OF CREDIT ISSUED BY A BANK CHARTERED IN THIS STATE OR A MEMBER BANK OF THE FEDERAL RESERVE SYSTEM MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES IN LIEU OF THE CASH DEPOSIT REQUIRED TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY OF A POTENTIAL SELF-INSURER, AND TO PROVIDE THAT A PERSON OR COMPANY THAT QUALIFIES AS A SELF-INSURER MAY ISSUE CERTIFICATES OF INSURANCE FOR ALL PURPOSES ONLY ON THE VEHICLES LISTED IN THE APPLICANT'S NAME; AND TO AMEND SECTION 58-23-1240, RELATING TO THE PUBLIC TAXI PLATE WHICH MUST BE AFFIXED TO A TAXI, SO AS TO PROVIDE THAT THE PLATE MUST BE AFFIXED ONLY TO THE REAR OF A TAXI, TO PROVIDE THAT A STICKER MAY BE AFFIXED TO THE TAXI IN LIEU OF A METAL PLATE, TO PROVIDE THAT THE CITY WHERE THE TAXI PRINCIPALLY OPERATES MUST APPROVE THE DIMENSIONS OF THE STICKER OR PLATE INSTEAD OF THE GOVERNING BODY OF THE COUNTY, TO REMOVE THE TERM "PUBLIC" AND THE TAXI LICENSE NUMBER FROM THE CONTENTS OF THE STICKER OR PLATE, TO DELETE THE REQUIREMENT THAT THE COLOR OF THE PLATE MUST BE CHANGED ANNUALLY, AND TO PROVIDE THAT THE OWNER OF A TAXI THAT QUALIFIES AS A SELF-INSURER MUST ISSUE TO EACH OPERATOR OF THE TAXI A CERTIFICATE OF INSURANCE WHICH MUST BE MAINTAINED IN THE TAXI WHILE IT IS IN OPERATION.
S. 1143 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO FEES AND CHARGES OF CONSUMER CREDIT COUNSELING ORGANIZATION LICENSEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator THOMAS explained the Joint Resolution.
S. 1082 (Word version) -- Senators Moore, Rankin, Alexander and McConnell: A BILL TO AMEND THE 1976 CODE, RELATING TO VARIOUS POWERS, DUTIES, AND FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, TO CONFORM THESE PROVISIONS TO ACT 175 OF 2004. (ABBREVIATED TITLE)
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 (JUD1082.006), which was adopted:
Amend the bill, as and if amended, page 3, line 28, in Section 58-3-100, as contained in SECTION 1, by striking line 28 in its entirety and inserting therein the following:
/ Except as specifically provided above, in Sections 58-5-940 and / Amend the bill further, as and if amended, page 5, by striking line 39 and inserting:
/ private corporation, municipality, or any political subdivision of the /
Amend the bill further, as and if amended, page 6, by striking line 3 and inserting:
/ Commission, the Office of Regulatory Staff, and the provisions of /
Amend the bill further, as and if amended, page 112, by striking line 4 and inserting:
/ consistent with the Code of Judicial Conduct and certify official acts." /
Amend the bill further, as and if amended, page 112, line 32, in Section 58-27-2020, as contained in SECTION 207, by striking line 32 in its entirety and inserting therein the following:
/ must be considered the investigation, inquiry and hearing of the /
Amend the bill further, as and if amended, page 125, after line 10, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Section 2-20-10 of the 1976 Code is amended to read:
"Section 2-20-10. Except as otherwise provided in Section 58-3-26 Sections 58-3-520 and 58-3-530, whenever an election is to be held by the General Assembly in joint session, except for members of the judiciary, a joint committee composed of eight members, four of whom must be members of the House of Representatives and four of whom must be members of the Senate, must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members are selected. Each joint committee shall meet as soon after its appointment as practicable and elect one of its members as chairman, one as secretary, and other officers as it considers desirable." /
Renumber sections to conform.
Amend title to conform.
Senator MOORE 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.
Senator MOORE asked unanimous consent to make a motion that a further amendment be taken up for consideration on third reading.
There was no objection and the motion was adopted.
S. 687 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 56-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN BOAT TRAILERS, FARM TRAILERS, AND UTILITY TRAILERS FROM BEING LICENSED OR REGISTERED, SO AS TO PROVIDE THAT CERTAIN TRAILERS THAT ARE USED IN CONNECTION WITH A BUSINESS VENTURE OF ITS OWNER ARE EXEMPT FROM BEING LICENSED OR REGISTERED; AND TO AMEND SECTION 56-5-4580, AS AMENDED, RELATING TO LIGHTING EQUIPMENT THAT MUST BE ATTACHED TO BUSES, TRUCKS, TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SO AS TO REQUIRE ALL TRAILERS, SEMITRAILERS, AND POLE TRAILERS WEIGHING THREE THOUSAND POUNDS GROSS OR LESS TO BE EQUIPPED WITH ONE STOP LIGHT.
On motion of Senator HUTTO, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4520 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG HIGHWAY 19 THAT CROSSES SOUTH CAROLINA HIGHWAY 22 IN HORRY COUNTY THE "LEWIS A. SINGLETON BRIDGE" AND TO ERECT APPROPRIATE MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "LEWIS A. SINGLETON BRIDGE".
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 4577 (Word version) -- Reps. Hodges, R. Brown and Bowers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE FUTURE BRIDGE THAT WILL CROSS THE COMBAHEE RIVER ALONG UNITED STATES HIGHWAY 17 IN COLLETON COUNTY "THE HARRIET TUBMAN BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HARRIET TUBMAN BRIDGE."
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 4588 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT MARKERS OR SIGNS AT EXIT 82 B ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY THAT CONTAIN THE WORDS "CHERRY ROAD".
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 4596 (Word version) -- Reps. G.M. Smith, Weeks, Coates, G. Brown and J.H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF HIGHWAY 76/378 IN SUMTER (KNOWN AS THE BROAD STREET EXTENSION) FROM LORING MILL ROAD TO SOUTH CAROLINA ROAD 441 IN HONOR OF RAMON W. SCHWARTZ, JR., ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC OFFICIALS AND A FORMER SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "RAMON W. SCHWARTZ, JR. HIGHWAY".
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 4597 (Word version) -- Reps. Miller, Haley, Agnew, Anderson, Ballentine, Bannister, Brady, Chalk, Funderburk, Hardwick, Hiott, Hodges, Jefferson, Mitchell, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Hamilton, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, 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 REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 IN GEORGETOWN COUNTY FROM ITS INTERSECTION WITH NORTH STREET TO ITS INTERSECTION WITH BROWNS FERRY ROAD "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" IN HONOR OF A BRAVE SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
At 12:45 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:05 P.M. and was called to order by the PRESIDENT Pro Tempore.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cleary Cromer Drummond Elliott Fair Grooms Hawkins Hayes Hutto Land Leatherman Lourie Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Thomas Verdin Williams
A quorum being present, the Senate resumed.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 490 (Word version) -- Senator Land: A BILL TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAX BY A MUNICIPALITY, SO AS TO MAKE A LIEN FOR MUNICIPAL TAXES WHEN PAYING A LIEN FOR STATE OR COUNTY TAXES, A FIRST LIEN WHEN PAYMENT OF A MUNICIPAL LIEN IS NOT MADE; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE EXECUTION AND DELIVERY OF A TAX TITLE, SO AS TO PROVIDE THAT, IF THE TAX SALE OF AN ITEM PRODUCES MORE CASH THAN THE FULL AMOUNT DUE, THE COVERAGE MUST BE APPLIED TO ANY OUTSTANDING MUNICIPAL TAX LIENS ON THE PROPERTY.
The House returned the Bill with amendments.
Senator LAND proposed the following amendment (490R003.JCL), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 1028 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Knotts, Courson, Mescher and Ford: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 37, ENACTING THE "SOUTH CAROLINA PROPERTY TAX ASSESSMENT REFORM ACT", SO AS TO PROVIDE FOR A VALUATION OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX THAT LIMITS THE INCREASE IN TAXABLE VALUE NOT TO EXCEED FIFTEEN PERCENT OVER A FIVE-YEAR PERIOD UNLESS AN ASSESSABLE TRANSFER OF INTEREST OCCURS, TO PROVIDE AN ALTERNATE METHOD THAT IS VALUATION OF REAL PROPERTY AT FAIR MARKET VALUE WITH ASSESSMENT EVERY FIVE YEARS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PROPOSE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS ACT, AND TO PROVIDE PENALTIES FOR KNOWINGLY FALSIFYING INFORMATION TO THE DEPARTMENT; TO AMEND SECTION 4-9-1210, RELATING TO THE INITIATIVE METHOD OF ENACTING COUNTY ORDINANCES, SO AS TO ALLOW THIS PROCESS TO INCLUDE ORDINANCES ENACTING A REAL PROPERTY VALUATION METHOD PERMITTED BY THIS ACT; TO AMEND SECTION 6-1-50, RELATING TO FINANCIAL REPORTS, SO AS TO REQUIRE SUBMISSION OF ANNUAL FINANCIAL REPORTS TO THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, ECONOMIC RESEARCH SECTION; TO REPEAL SECTION 12-37-223A, RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING INCREASES IN VALUE DUE TO REASSESSMENT; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO THE CLASSIFICATION OF AND VALUATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO CONFORM VALUATION REFERENCES FOR REAL PROPERTY; TO AMEND SECTION 12-43-217, RELATING TO QUADRENNIAL REASSESSMENT, SO AS TO ALLOW PORTIONS OF A COUNTY TO BE REASSESSED AS A "ROLLING" REASSESSMENT; TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATIONS OF PROPERTY, SO AS TO CONFORM THE LANGUAGE TO THE PROVISIONS OF THIS ACT; AND TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX NOTICES, SO AS TO ALLOW THAT IN YEARS IN WHICH THERE IS NO NOTICE OF A PROPERTY TAX ASSESSMENT, A TAXPAYER MAY PROTEST THE ASSESSMENT VALUE NINETY DAYS AFTER THE TAX NOTICE IS MAILED.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MARTIN asked unanimous consent to take up a further amendment for immediate consideration.
There was no objection.
Senators CAMPSEN and SHEHEEN proposed the following amendment (AGM\18138MM06), which was adopted:
Amend the bill, as and if amended, in Section 12-37-3340(A), as contained in SECTION 1, page 6, by striking items (9) and (10) and inserting:
/ (9) a change of use of agricultural real property which subjects it to the rollback tax;
(10) a change of use of real property when classification of property changes as a result of a local zoning ordinance change; or
(11) the passage of twenty years since the later of the base year or the last assessable transfer of interest for real property owned by a publicly-held entity whose stock, shares, or other ownership interests are traded on a regulated exchange, a pension fund, or other similar entity. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
The amendment was adopted.
Senator PINCKNEY asked unanimous consent to take up a further amendment for immediate consideration.
Senator MARTIN spoke on the motion.
On motion of Senator PINCKNEY, with unanimous consent, the motion was withdrawn.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Having voted on the prevailing side, Senator RITCHIE moved to reconsider the vote whereby the Bill was given a third reading.
Senator RITCHIE made a motion to carry over the motion to reconsider the vote whereby the Bill was given a third reading.
The motion to reconsider the vote whereby the Bill was given a third reading was carried over.
S. 960 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford, O'Dell and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE BASE TAX VALUE FOR REAL PROPERTY IS ROLLED BACK TO THE TAXABLE VALUE OF THE 2004 TAX YEAR OR THE TAX YEAR IN WHICH THE MOST RECENT REASSESSMENT OCCURRED PRIOR TO 2004, TO REQUIRE THAT THE GENERAL ASSEMBLY ESTABLISH A STATEWIDE SYSTEM FOR ASSESSMENT OF REAL PROPERTY BASED ON REASSESSMENTS AT THE TIME OF ASSESSABLE TRANSFERS OF INTEREST, TO PROVIDE FOR COUNTIES TO SELECT FROM SEVERAL METHODS OF ASSESSMENT AS ESTABLISHED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MARTIN explained the committee amendment.
Senators McCONNELL, MARTIN, RITCHIE, SHEHEEN and CAMPSEN proposed the following Amendment No. P-1 (JUD0960.007), which was adopted:
Amend the committee report, as and if amended, by striking lines 26 through 41 on page [960-1] and lines 1-10 on page [1031-2], and inserting the following:
// Amend the joint resolution, as and if amended, by striking it in its entirety and inserting:
PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH METHODS OF VALUATION FOR COUNTIES TO SELECT FROM FOR ASSESSMENT OF REAL PROPERTY WITHIN THEIR JURISDICTIONS; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. It is proposed that Section 29 of Article III of the Constitution of this State be amended to read:
"Section 29. All taxes upon property, real and personal, shall be laid upon the actual value of the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying such tax. Taxes on personal property must be laid upon the actual value of the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying such tax. Taxes on real property must be ascertained by the methods provided by the General Assembly as general law as prescribed in Article X of this Constitution."
B. It is proposed that the first paragraph of Section 1 of Article X of the Constitution of this State be amended to read:
"Section 1. The General Assembly may provide for the ad valorem taxation by the State or any of its subdivisions of all real and personal property. The assessment of all property shall be equal and uniform within the class of property being taxed and within its taxing jurisdiction in the following classifications:"
C. It is proposed that the penultimate paragraph of Section 3 of Article X of the Constitution of this State be amended to read:
"The exemptions provided in subitems (c) and (d) for real property shall not extend beyond the buildings and premises actually occupied by the owners of such real property. Homestead exemptions from ad valorem taxation not specifically provided for in this section may be provided for by the General Assembly by general law. In addition to the exemptions listed in this section, the General Assembly may provide for exemptions from the property tax, by general laws applicable uniformly to property throughout the State and in all political subdivisions, but only with the approval of two-thirds of the members of each House. All exemptions not specifically provided for or authorized in this article shall be repealed March 1, 1978. The General Assembly shall provide for methods and procedures in applying for the exemption of any property as is described in this section."
D. It is proposed that Section 6 of Article X of the Constitution of this State be amended to read:
"Section 6. The Except as otherwise provided in this section, the General Assembly may vest the power of assessing and collecting taxes in all of the political subdivisions of the State, including counties, municipalities, special purpose districts, public service districts, and school districts. Property tax levies shall be uniform in respect to persons and property within the jurisdiction of the body imposing such taxes; provided, that on properties located in an area receiving special benefits from the taxes collected, special levies may be permitted by general law applicable to the same type of political subdivision throughout the State, and the General Assembly shall specify the precise condition under which such special levies shall be assessed. For the tax year beginning 2008, each parcel of real property in this State shall have a maximum value for ad valorem taxes that does not exceed its fair market value for a base tax year. The General Assembly is authorized, by general law, to define 'fair market value', to define when property has been improved or when losses have occurred to change the value of the real property, and to select the base tax year used to determine the maximum value of real property for ad valorem taxes.
The General Assembly shall establish, through the enactment of general law, and not through the enactment of local legislation pertaining to a single county or other political subdivision, the methods of assessment of real property and the procedures by which a county selects an assessment method. Each county selects, unless affirmatively adopting an alternative method of valuing of real property, a method of valuing of real property in which the value of each parcel of real property, adjusted for improvements and losses, does not increase more than fifteen percent every five years, unless an assessable transfer of interest, as defined by the General Assembly, occurs. The General Assembly must provide, through the enactment of general law, and not through the enactment of local legislation pertaining to a single county or other political subdivision, at least one alternative method of valuing of real property, one of which values real property at its fair market value, with reassessments occurring every five years.
Notwithstanding any other provision of law, for the purposes of calculating the limit on bonded indebtedness of political subdivisions and school districts, pursuant to Sections 14 and 15 of Article X, respectively of the Constitution of this State, the assessed values of all taxable property within a political subdivision or school district shall be the greater of (a) the final assessed value effective for the fiscal year beginning July 1, 2006, or (b) the assessed value of such political subdivision or school district as calculated following the effective date of this amendment. The changes in these values do not alter or amend the valuation of the taxable property for purposes of computing the full market value of all taxable property within a school district, as these provisions applied prior to the ratification of this amendment.
Whenever there is a merger of governments authorized under Section 12 of Article VIII, tax districts may be created, based upon the services rendered in each district, but tax levies must be uniform in respect to persons and property within each such district."
SECTION 2. The proposed amendments must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article III and Article X of the Constitution of this State be amended so as to provide that ad valorem taxes are to be applied uniformly to real property within a taxing jurisdiction rather than statewide; to require that the General Assembly establish the methods of assessment for real property and the procedures for a county to select a method, with the method that is automatically adopted by each county being a method of valuation of real property based on limits to increases in taxable value, adjusted for improvements and losses, of no more than fifteen percent over a five-year period unless an assessable transfer of interest occurs, and at least one other method being the valuation of real property at fair market value, with reassessments occurring every five years; to provide that for purposes of calculating the limit on bonded indebtedness of political subdivisions and school districts, the assessed values of all taxable property within a political subdivision or school district shall be the greater of (a) the final assessed value effective for the fiscal year beginning July 1, 2006, or (b) the assessed value of the political subdivision or school district as calculated following the effective date of this amendment; to provide that taxation of real property must be in accordance with procedures provided by the General Assembly; and to provide that the General Assembly, by general law and not through local legislation pertaining to a single county or other political subdivision, shall provide for the terms, conditions, and procedures to implement the above provisions?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." / //
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senators HUTTO, SHEHEEN and MATTHEWS proposed the following Amendment No. P-2 (960.1):
Amend the committee report, as and if amended, SECTION 1D, Section 6, by adding after the first sentence and before the second sentence the following:
/ The General Assembly may not vest the power of assessing and collecting taxes in any political subdivision or school district for school operating purposes. The General Assembly may, however, vest the power of assessing and collecting taxes in political subdivisions or school districts for the payment of capital improvement bonds. /
Amend the committee report further, as and if amended, SECTION 2, by adding after / "Must Article III and Article X of the Constitution of this State be amended so as to / and before provide that ad valorem taxes are to be applied/ the following:
/ specify that the General Assembly may not vest the power of assessing and collecting taxes in any political subdivision or school district for school operating purposes by may vest that power in political subdivisions or school districts for the payment of capital improvement bonds; /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
With Senator HUTTO retaining the floor, on motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment.
On motion of Senators HAYES, PEELER, SHORT and GREGORY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Y. C. Winborn of Rock Hill, S.C., who was a teacher in the Rock Hill School District for 47 years.
At 3:23 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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