Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by Senator PINCKNEY as follows:
Beloved, hear words from Daniel (Daniel 12:3):
"Those who are wise will shine like the bright expanse of the heavens, and those who lead many to righteousness, like the stars forever and ever."
Let us pray.
O God, our Father, help us to be wise in all that we do as Senators. Help us to look to You in all that we do so that we may shine - not for ourselves - but for those who elected us to serve them and bring a better life to us all.
Help us to lead with righteousness and honesty each and every day that we serve You and our people. We thank You for guiding us and leading us and always being there for us.
Amen!
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 2:05 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill O'Dell Patterson Peeler Pinckney Rankin Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Daniel Burns, 1645 Caldwell Road, Campobello, S.C. 29322 VICE John Morrow
Senator PATTERSON introduced Dr. Tommy Rowland of Columbia, S.C., Doctor of the Day.
On motion of Senator RITCHIE, at 2:05 P.M., Senator CLEARY was granted a leave of absence for today.
On motion of Senator CAMPSEN, at 2:05 P.M., Senator KNOTTS was granted a leave of absence until 4:00 P.M. today.
On motion of Senator SETZLER, at 2:05 P.M., Senator LAND was granted a leave of absence for today and tomorrow.
At 2:30 P.M., Senator SHEHEEN requested a leave of absence beginning at 4:30 P.M. and lasting until Thursday at 11:00 A.M.
At 2:50 P.M., Senator PINCKNEY requested a leave of absence beginning at 3:00 P.M. and lasting until Thursday at 11:00 A.M.
On motion of Senator HAYES, at 3:45 P.M., Senator COURSON was granted a leave of absence until 10:00 P.M. tonight.
At 5:45 P.M., Senator SHORT requested a leave of absence until 11:00 A.M. in the morning.
At 5:45 P.M., Senator RYBERG requested a leave of absence until 8:30 P.M. tonight.
At 6:00 P.M., Senator HAWKINS requested a leave of absence until 11:00 A.M. in the morning.
At 2:08 P.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:15 A.M. on Thursday, April 6, 2006.
There was no objection and a message was sent to the House accordingly.
S. 1289 (Word version) -- Senators Campsen, McConnell, Thomas, Grooms, Verdin, Cleary, Knotts, Scott and Ryberg: A BILL TO AMEND CHAPTER 10, TITLE 4 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LOCAL OPTION SALES TAX, BY ADDING ARTICLE 7 SO AS TO ALLOW A COUNTY TO ENACT A LOCAL OPTION SALES TAX IN ORDER TO EXEMPT HOMESTEADS FROM PROPERTY TAXES IMPOSED FOR SCHOOL OPERATIONS.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 1289.
S. 1290 (Word version) -- Senators Campsen, McConnell, Thomas, Grooms, Verdin, Cleary, Knotts, Scott and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT HOMESTEADS FROM PROPERTY TAX LEVIED IN THE COUNTY FOR SCHOOL OPERATIONS, TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW, AND TO PROVIDE THAT AFTER THIS EXEMPTION TAKES EFFECT, EXCEPT WHERE A MORE RESTRICTIVE LIMIT ON ANNUAL INCREASES APPLIES, THE RATE OF PROPERTY TAX IMPOSED IN THE COUNTY FOR SCHOOL OPERATIONS MUST NOT BE INCREASED BY AN ANNUAL RATE THAT EXCEEDS THE COMBINED PERCENTAGE INCREASE IN STATE PERSONAL INCOME GROWTH AND STATE POPULATION IN THE MOST RECENT YEAR FOR WHICH THIS DATA IS AVAILABLE.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 1290.
S. 1291 (Word version) -- Senators Campsen, McConnell, Knotts, Grooms, Cleary, Scott and Thomas: A BILL ENACTING THE LOCAL OPTION PROPERTY TAX RELIEF ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLES 7 AND 9 IN CHAPTER 10 OF TITLE 4 SO AS TO AUTHORIZE THE IMPOSITION OF A SALES AND USE TAX IN A COUNTY UPON REFERENDUM APPROVAL IN ORDER TO USE THE REVENUE TO EXEMPT HOMESTEADS IN THE COUNTY FROM PROPERTY TAXES IMPOSED FOR SCHOOL OPERATIONS AND BY AUTHORIZING THE IMPOSITION OF CAPITAL PROJECTS FEES IN A COUNTY UPON REFERENDUM APPROVAL, SPECIFYING THE FEES TO BE IMPOSED, CREDITS ALLOWED AGAINST THESE FEES, AND THE USES OF THE REVENUES OF THESE FEES, INCLUDING A CREDIT AGAINST PROPERTY TAXES IMPOSED TO SERVICE BONDED INDEBTEDNESS.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 1291.
Senator LEATHERMAN was recognized to give a status report to the body regarding the work of the Senate Finance Committee.
As many of you know, the Senate Finance Budget Standing Subcommittees are busy developing our state budget. I've also been looking at the numbers trying to decide our top priorities for the new fiscal year. We have obligations to educate our citizens, provide health care for our elderly, blind and disabled, insure the public safety by locking up criminals, putting troopers on the road and the list goes on. But there's one other item I am convinced we should add to that list, and that's the repayment of the trust funds and other funds that we borrowed from when times were bad. And by that, I mean ALL the funds we borrowed to include the Barnwell Fund and the Insurance Reserve Fund. The total is $174,281,718.
Now, I will not apologize for the use of those funds, and we as a body should not either. Times were extremely tough and we had no choice. I remind you that the original general fund revenue forecast for Fiscal Year 2001-02 was $5.529 billion, but the actual collections were $4.929 billion - a difference of 12%. In 01-02 Fiscal Year we actually collected less money than the year before; something that had not occurred since 1954. Likewise, in Fiscal Year 2002-03, were down $561 million from the general fund forecast. To say the least, times were tough then. We had to borrow cash from those various trust funds and other funds to keep in place the necessary services that our citizens count on every day. We did the right thing then, and we will do the right thing now by repaying what we owe to those accounts.
I have discussed this issue with all the Finance Subcommittee Chairmen - Senator PEELER, Senator COURSON, Senator THOMAS, Senator McGILL, Senator O'DELL, Senator HAYES, Senator ALEXANDER and Senator FAIR - Every one of them stand with me on this important policy decision. As we move forward in the Senate Finance Committee next week and as we move forward to the Senate floor with our spending plan for Fiscal Year 2006-07, I ask for your support in the full repayment to the trust funds and other funds accounts.
I believe this action will set our financial house in order and will be very beneficial to our State when the rating agencies in New York evaluate our credit rating.
Thank you.
On motion of Senator HAYES, with unanimous consent, the remarks by Senator LEATHERMAN were ordered printed in the Journal.
The following were introduced:
S. 1310 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM ON THEIR SECOND NATIONAL INVITATION TOURNAMENT CHAMPIONSHIP, RECOGNIZING THEIR HARD WORK AND DEDICATION, AND WISHING THEM MUCH SUCCESS IN FUTURE SEASONS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1311 (Word version) -- Senator Matthews: A JOINT RESOLUTION TO ESTABLISH AN EXTENDED SCHOOL DAY EDUCATIONAL AND ENRICHMENT PILOT PROGRAM TO BE ADMINISTERED BY THE STATE DEPARTMENT OF EDUCATION THROUGH PARTICIPATING SCHOOL DISTRICTS.
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Read the first time and referred to the Committee on Education.
S. 1312 (Word version) -- Senator Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-440 THROUGH 59-29-570 SO AS TO ENACT THE "SOUTH CAROLINA FINANCIAL LITERACY TRUST ACT", WHICH IS AN INITIATIVE FOR IMPROVING FINANCIAL LITERACY BY PROVIDING GRANTS TO SCHOOL DISTRICTS TO PROVIDE FINANCIAL LITERACY INSTRUCTION FOR STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO ESTABLISH THE SOUTH CAROLINA FINANCIAL LITERACY BOARD OF TRUSTEES, TO PROVIDE THAT IT SHALL OVERSEE THE FINANCIAL LITERACY TRUST, AND TO ESTABLISH THE PURPOSES OF THE BOARD AND ITS COMPOSITION, FUNCTIONS, AND DUTIES; TO PROVIDE FOR TWO SEPARATE FUNDS TO ACCEPT PUBLIC AND PRIVATE MONIES AND MONIES APPROPRIATED BY THE GENERAL ASSEMBLY; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; AND TO PROVIDE THE PROCEDURE FOR APPLYING FOR A GRANT, ESTABLISH FISCAL GUIDELINES, AND EVALUATION REQUIREMENTS; TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DESIGNATING CONTRIBUTIONS TO CERTAIN CHARITABLE FUNDS THROUGH INDIVIDUAL INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE FINANCIAL LITERACY TRUST; AND TO REPEAL SECTIONS 59-29-420 AND 59-29-425, BOTH RELATING TO A FINANCIAL LITERACY FUND.
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Read the first time and referred to the Committee on Education.
S. 1313 (Word version) -- Senator Matthews: A JOINT RESOLUTION TO ESTABLISH AN EXTENDED SCHOOL DAY EDUCATIONAL AND ENRICHMENT PILOT PROGRAM TO BE ADMINISTERED BY THE STATE DEPARTMENT OF EDUCATION THROUGH PARTICIPATING SCHOOL DISTRICTS.
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Read the first time and referred to the Committee on Education.
S. 1314 (Word version) -- Judiciary Committee: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 TO CREATE THE ORDER OF THE SWORD AND MACE, THE HIGHEST CIVILIAN HONOR THAT MAY BE AWARDED TO LIVING PERSONS OR AWARDED POSTHUMOUSLY BY THE GENERAL ASSEMBLY; TO RECOGNIZE STATE CITIZENS FOR EXCELLENCE, VALOR, OR EXTRAORDINARY SERVICE; AND TO PROVIDE FOR THE METHOD OF SELECTING HONOREES.
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Read the first time and ordered placed on the Calendar without reference.
S. 1315 (Word version) -- Senators Peeler and Short: A SENATE RESOLUTION EXPRESSING THE SINCERE SORROW OF THE MEMBERS OF THE SENATE UPON THE DEATH OF MRS. ALMA T. PRICE OF CHESTER, SOUTH CAROLINA, AND TO CONVEY THE DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
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The Senate Resolution was adopted.
S. 1316 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 29-3-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR AN ORDER OF APPRAISAL IN CONNECTION WITH A FORECLOSURE PROCEEDING, SO AS TO PROVIDE THAT THE STATUTORY RIGHT TO APPRAISAL PURSUANT TO APPLICATION TO THE COURT MUST NOT BE WAIVED BY A DEBTOR, MAKER, BORROWER, GUARANTOR, OR OTHER OBLIGOR, AND TO PROVIDE THAT A CREDITOR WHO ELECTS TO SEEK A PERSONAL JUDGMENT ON THE UNDERLYING DEBT AS OPPOSED TO A FORECLOSURE OF THE MORTGAGE MAY RECOVER ONLY THE DIFFERENCE BETWEEN THE STATUTORY APPRAISED VALUE AND THE AMOUNT DUE ON THE DEBT.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 1317 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1318 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44 SO AS TO ENACT THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO REQUIRE HOSPITALS AND AMBULATORY SURGICAL FACILITIES TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING HOSPITAL ACQUIRED INFECTIONS, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE SANCTIONS FOR FAILURE TO COMPLY, TO PROVIDE FOR PATIENT PRIVACY, AND TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1319 (Word version) -- Senators Knotts, Bryant, Reese, Cromer, Williams, Martin and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 13 TO ARTICLE 11, CHAPTER 7, TITLE 20 OF THE 1976 CODE SO AS TO PROVIDE THAT PARENTING PLANS MUST BE INCORPORATED INTO TEMPORARY OR FINAL ORDERS OF DIVORCE OR SEPARATE MAINTENANCE, TO SPECIFY THE CONTENTS OF A PARENTING PLAN INCLUDING, BUT NOT LIMITED TO, ALLOCATION OF DECISION MAKING AUTHORITY; HOLIDAY AND VISITATION SCHEDULES, PROVIDING FOR MEDIATION TO SETTLE POST DIVORCE DISPUTES PRIOR TO COURT ACTION, AND TO ESTABLISH CHILD SUPPORT PAYMENTS; TO PROVIDE CRITERIA FOR THE COURT TO CONSIDER WHEN PARTIES DO NOT REACH AN AGREEMENT ON A PARENTING PLAN AND TO AUTHORIZE THE COURT TO ORDER THE PARTIES TO MEDIATION TO ESTABLISH THE PLAN; TO PROVIDE CRITERIA AND LIMITATIONS FOR THE DEVELOPMENT OF A CHILD'S HOLIDAY AND VISITATION SCHEDULE; TO REQUIRE PARTIES IN A DIVORCE OR SEPARATE MAINTENANCE ACTION TO ATTEND A PARENT EDUCATIONAL SEMINAR WHEN MINOR CHILDREN ARE INVOLVED; TO IMPOSE AN ADDITIONAL THIRTY-FIVE-DOLLAR FEE ON THE ISSUANCE OF A MARRIAGE LICENSE AND TO PROVIDE THAT THESE FUNDS MUST BE USED TO PAY FOR MEDIATION AND EDUCATION REQUIRED BY THIS SUBARTICLE, CHILD ABUSE PREVENTION, AND DOMESTIC VIOLENCE SERVICES AND TO PROVIDE FOR AN EXEMPTION FROM THIS ADDITIONAL FEE IF APPLICANTS FOR THE MARRIAGE LICENSE HAVE TAKEN A PREMARITAL PREPARATION COURSE.
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Read the first time and referred to the Committee on Judiciary.
S. 1320 (Word version) -- Senators Malloy and Leatherman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2006.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 4509 (Word version) -- Reps. Kennedy, Harrison, Hosey, Scott, Moody-Lawrence, Clyburn, Hodges, Jefferson, Miller and Rivers: A BILL TO AMEND SECTION 20-7-945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF A LICENSE OF A PERSON WHO IS OUT OF COMPLIANCE WITH AN ORDER FOR CHILD SUPPORT, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PURSUANT TO THIS SECTION MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.
H. 4559 (Word version) -- Reps. G. R. Smith, Allen, Ballentine, Bannister, Dantzler, Haley, Hamilton, Hardwick, Haskins, Hinson, Leach, Loftis, Merrill, F. N. Smith, J. R. Smith, Umphlett and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.
Read the first time and referred to the Committee on Judiciary.
H. 4870 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN LAURENS COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 39 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 72 THE "JOE B. MEDLOCK MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOE B. MEDLOCK MEMORIAL HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4881 (Word version) -- Reps. Cobb-Hunter, Mitchell, Clyburn, Hosey, Hodges, Govan, Howard, J. H. Neal, J. Hines, Funderburk, Haley, Mack, Branham, Breeland, J. Brown, R. Brown, Hardwick, M. Hines, Hinson, Jefferson, McCraw, McGee, Ott, Rivers, Scott, F. N. Smith, Vaughn, Weeks, Whipper and Young: A JOINT RESOLUTION TO CREATE THE CHRONIC KIDNEY DISEASE TASK FORCE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING DEVELOPING A PLAN TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT EARLY SCREENING, DIAGNOSIS, AND TREATMENT AND PROVIDING RECOMMENDATIONS FOR IMPLEMENTATION OF SUCH A PLAN; AND TO REQUIRE THE TASK FORCE TO SUBMIT ITS REPORT AND RECOMMENDATIONS BEFORE THE 2007 LEGISLATIVE SESSION, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Senator PINCKNEY spoke on the Resolution.
Read the first time and referred to the Committee on Medical Affairs.
H. 4910 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION URGING THE CONGRESS OF THE UNITED STATES TO ACT SWIFTLY TO ENACT LEGISLATION REAUTHORIZING THE RYAN WHITE CARE ACT ACCORDING TO PRINCIPLES PROPOSED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE COMPREHENSIVE CARE FOR THE NEEDIEST VICTIMS OF HIV/AIDS.
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
H. 4935 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE PINEWOOD PREPARATORY SCHOOL MEN'S BASKETBALL TEAM OF SUMMERVILLE ON ITS IMPRESSIVE WIN OF THE 2006 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION AAA STATE CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, PAT EDISON, ON AN EXCEPTIONAL SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4949 (Word version) -- Rep. Hagood: A CONCURRENT RESOLUTION TO HONOR MS. IJUANA GADSDEN OF CHARLESTON COUNTY FOR HER DEDICATION TO THE STUDENTS OF THE COLLEGE OF CHARLESTON AND TO RECOGNIZE THE MANY AND VARIED CONTRIBUTIONS THIS OUTSTANDING SOUTH CAROLINIAN MAKES DAILY TO THE COLLEGE COMMUNITY AND TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4950 (Word version) -- Reps. G. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, 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, McGee, 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 RECOGNIZE AND HONOR SUSAN AUDE, FORMER ANCHOR OF WIS NEWS, FOR HER OUTSTANDING CONTRIBUTIONS TO THE FIELD OF BROADCAST JOURNALISM AND TO THE LIVES OF ALL SOUTH CAROLINIANS, AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.
Senator MALLOY spoke on the Concurrent Resolution.
The Concurrent Resolution was introduced.
The question then was the adoption of the Concurrent Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
The Concurrent Resolution was adopted, ordered sent to the House.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 772 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 56-5-3650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTORCYCLE FOOTRESTS, HANDLEBARS, AND REAR VIEW MIRRORS, SO AS TO DELETE THE PROVISION THAT SPECIFIES THE SIZE AND POSITION OF A MOTORCYCLE'S HANDLEBARS.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 955 (Word version) -- Senators Moore and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 63 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 996 (Word version) -- Senators Thomas and Ritchie: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 63 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "CANCER RESEARCH CENTERS OF THE CAROLINAS" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 1007 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 12-45-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY BY ORDINANCE TO ALLOW QUARTERLY OR MONTHLY INSTALLMENT PAYMENTS OF TAXES ON REAL PROPERTY, SO AS TO REQUIRE THE PAYMENT OF ESTIMATED PROPERTY TAXES ON REAL PROPERTY IN BI-MONTHLY INSTALLMENTS, EACH DUE ON FEBRUARY 15, APRIL 15, JUNE 15, AUGUST 15, OCTOBER 15, AND DECEMBER 15 OF EACH YEAR, TO DEFINE ESTIMATED PROPERTY TAX LIABILITY, TO PROVIDE THAT THE TOTAL OF ESTIMATED PROPERTY TAXES PAID IS A CREDIT AGAINST THE TOTAL PROPERTY TAXES DUE ON THE PROPERTY, TO PROVIDE FOR INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS OF ESTIMATED PROPERTY TAX, TO REQUIRE PROPERTY TAX NOTICES TO CONTAIN A CALCULATION OF AN ESTIMATED PROPERTY TAX LIABILITY AND RETURN ENVELOPES FOR PAYING THE ESTIMATED PROPERTY TAX, AND TO PROVIDE THAT THE PAYMENT OF ESTIMATED PROPERTY TAXES AND THE CREDIT ALLOWED AGAINST PROPERTY TAXES FOR ESTIMATED PROPERTY TAXES DOES NOT ALTER THE DUE DATE, PENALTY SCHEDULE, AND ENFORCED COLLECTION OF PROPERTY TAXES EXCEPT WITH RESPECT TO INTEREST ADDED TO PROPERTY TAX FOR UNDERPAYMENT OF ESTIMATED PROPERTY TAX.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 1041 (Word version) -- Senators Hutto and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 1047 (Word version) -- Senators Ryberg, Knotts and Lourie: A BILL TO AMEND SECTION 56-3-5400 OF THE 1976 CODE, RELATING TO FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES ONLY TO ACTIVE MEMBERS IN GOOD STANDING, TO PROVIDE A PERSON ISSUED A LICENSE PLATE PURSUANT TO THIS SECTION WHO CEASES TO BE A MEMBER MUST SURRENDER HIS LICENSE PLATE, AND TO PROVIDE PENALTIES FOR KNOWINGLY FAILING TO SURRENDER THE LICENSE PLATE.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1058 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 40-71-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; TO AMEND SECTION 44-30-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION ACQUIRED OR PRODUCED BY THE EXPERT REVIEW PANEL, SO AS TO CLARIFY THAT A FACILITY OR ACTIVITY LICENSED BY THE DEPARTMENT HAS A DUTY TO REPORT ACCIDENTS AND INCIDENTS PURSUANT TO THE DEPARTMENT'S REGULATIONS; AND TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION REGARDING A FACILITY OR HOME, SO AS TO CLARIFY THAT THE DEPARTMENT MAY NOT DISCLOSE ACCIDENT OR INCIDENT REPORTS, FACILITY RECORDS, OR COPIES OF FACILITY RECORDS SUBMITTED TO THE DEPARTMENT BY A FACILITY OR ACTIVITY LICENSED OR SUBJECT TO INSPECTION BY THE DEPARTMENT.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 1099 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO WARTIME DISABLED VETERANS, SO AS TO PROVIDE THAT A CERTIFICATE SIGNED BY THE COUNTY VETERANS AFFAIRS OFFICER THAT CERTIFIES A VETERAN'S DISABILITY MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES TO SATISFY ITS REQUIREMENTS FOR THE ISSUANCE OF THE SPECIAL LICENSE PLATE, TO LIMIT THE NUMBER OF SPECIAL LICENSE PLATES THAT MAY BE ISSUED TO A VETERAN, TO PROVIDE THAT A HOLDER OF A SPECIAL LICENSE PLATE MUST PROVIDE A NEW CERTIFICATION OF HIS DISABILITY AT THE TIME A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, AND TO PROVIDE THAT WHEN A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, A SURVIVING SPOUSE MUST CERTIFY THAT THE SPOUSE HAS NOT REMARRIED.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 1100 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-15-350, 56-16-180, AND 56-19-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, AND AN APPLICATION FOR A CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, SO AS TO REVISE A REFERENCE TO A PROVISION OF FEDERAL LAW.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 1133 (Word version) -- Senators Alexander, Bryant, Martin, Malloy, Mescher, Lourie, Gregory and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3870 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A MOTOR VEHICLE TO BE EQUIPPED WITH OR FOR THE OPERATOR OF A MOTOR VEHICLE TO EMPLOY A RADAR OR LASER JAMMING DEVICE, AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 1165 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES TO MINORS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE RESTRICTIONS PLACED ON A DRIVER WHO IS ISSUED THIS LICENSE MAY BE MODIFIED OR WAIVED IF THE LICENSEE PROVES TO THE DEPARTMENT THAT THE RESTRICTIONS INTERFERE WITH TRAVEL BETWEEN THE LICENSEE'S HOME AND PLACE OF WORSHIP.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 1189 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 75 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE KOREAN WAR VETERANS SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1228 (Word version) -- Senators Alexander and Cromer: A BILL TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 1231 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLES", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' POLICY OF REPORTING A CONVICTION OF A PERSON FROM ANOTHER STATE TO THE APPROPRIATE AUTHORITY OF HIS HOME STATE, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A CONVICTION OF A PERSON FROM CANADA OR MEXICO THAT OCCURS IN THIS STATE SHALL BE REPORTED TO THE PERSON'S HOME COUNTRY; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO DELETE A REFERENCE TO ITS DEFINITION CONTAINED IN SECTION 56-1-2030; TO AMEND SECTION 56-1-790, RELATING TO THE RECORDING OF MOTOR VEHICLE CONVICTIONS OF RESIDENTS OF SOUTH CAROLINA THAT OCCUR IN OUT-OF-STATE JURISDICTIONS, SO AS TO PROVIDE THAT CERTAIN OUT-OF-STATE CONVICTIONS MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO DELETE THE DEFINITION OF THE TERM "CONVICTION", AND TO REVISE THE DEFINITION OF THE TERM "HAZARDOUS MATERIALS"; TO AMEND SECTION 56-1-2100, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE DESCRIPTION OF A VEHICLE THAT REQUIRES A DRIVER TO POSSESS A CLASS C COMMERCIAL DRIVER'S LICENSE; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, RELATING TO THE DEFINITIONS OF TERMS CONTAINED IN THE DRIVER LICENSE COMPACT, THE DEFINITION OF THE TERM "CONVICTION" AS IT RELATES TO THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND THE DEFINITION OF THE TERM "CONVICTED" AS IT RELATES TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES.
Ordered for consideration tomorrow.
Senator HAWKINS from the Committee on Judiciary submitted a favorable report on:
S. 1267 (Word version) -- Senators Hawkins and Knotts: A BILL TO AMEND SECTION 23-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO MUST BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 1283 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 12-6-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE REDUCED STATE MARGINAL INDIVIDUAL INCOME TAX RATE TO THE ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO MAKE THIS APPLICATION AT THE ELECTION OF THE TAXPAYER, TO PROVIDE A MINIMUM FIVE YEARS FOR THIS ELECTION, TO PROVIDE ADDITIONAL DEFINITIONS FOR THIS APPLICATION, AND TO PROVIDE A "SAFE HARBOR" AMOUNT IN DETERMINING THE NONPERSONAL SERVICE PORTION OF ACTIVE TRADE OR BUSINESS INCOME IN A PASS-THROUGH BUSINESS WITH GROSS INCOME OF LESS THAN ONE MILLION DOLLARS AND TAXABLE INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer, Toole, Duncan, M.A. Pitts, Umphlett, Dantzler, Whitmire, Barfield, Jefferson, Govan, Hosey, Vick, Chalk, J. Hines, Anderson, G. Brown, Miller, Battle, Whipper, Sinclair, Haley, Martin, Young, Haskins, Brady, Moody-Lawrence, Loftis, Phillips, Anthony, R. Brown, D.C. Smith, Limehouse, Coates, Owens, Rhoad, Leach, Littlejohn, Neilson, Bales, E.H. Pitts, Huggins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON BENEFITS FINANCIALLY AS A DIRECT RESULT OF HIS PARTICIPATION IN AN INVOLUNTARY SERVITUDE OFFENSE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, SO AS TO REFERENCE ENGAGING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY OR A SEXUALLY EXPLICIT PERFORMANCE AND TO PROVIDE AN INCREASED PENALTY IF A PERSON VIOLATES THE PROVISIONS OF THIS SECTION AND USES OVERT FORCE OR THE THREAT OF OVERT FORCE.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE THAT IF THE JUDGMENT IS NOT SATISFIED WITHIN A CERTAIN PERIOD OF TIME, THE COURT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THIS INCIDENT WHICH SHALL SUSPEND THE REGISTRATION OF THE VEHICLE THAT WAS OPERATED WHEN THE TOLL WAS NOT PAID AND DENY THE VEHICLE'S REGISTRATION OR REREGISTRATION UNTIL THE JUDGMENT IS SATISFIED, TO DELETE THE PROVISION THAT REFERS TO THE CITATION AS A TRAFFIC CITATION, AND TO PROVIDE THAT A "FAILURE TO PAY A TOLL" CITATION CONSTITUTES THE SUMMONS AND COMPLAINT FOR AN ACTION TO RECOVER THE TOLL AND ALL APPLICABLE FEES ALLOWED PURSUANT TO THIS SECTION.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 4324 (Word version) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360 ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.
Ordered for consideration tomorrow.
Columbia, S.C., April 5, 2006
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3721 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
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.
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.
H. 3414 (Word version) -- Rep. Talley: A BILL 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.; THAT BEGINNING AT 9:00 A.M. ON ELECTION DAY, THE ABSENTEE BALLOTS MAY BE TABULATED; AND THAT RESULTS OF THE TABULATION MUST NOT BE PUBLICLY REPORTED UNTIL AFTER THE POLLS ARE CLOSED.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HAWKINS asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B
There was no objection.
Senator HAWKINS proposed the following amendment (3414R001.JDH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION___. Section 7-17-260 of the 1976 Code is amended to read:
"Section 7-17-260. The state board shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such offices by the board; provided, however, that service upon the board may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest. A protest or contested case heard by the state board pursuant to Chapter 17 of Title 7 shall be considered an 'administrative action' pursuant to Section 15-36-10."/
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION___. Chapter 25, Title 7 of the 1976 Code is amended by adding:
"Section 7-25-210. A poll worker, whether or not compensated, while acting pursuant to or in furtherance of the holding or conduct of an election, shall be immune from personal civil liability for any act or omission when the act or omission is done or made in good faith and does not constitute gross negligence, recklessness, willfulness, or wantonness." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION___. Title 7, Chapter 17 of the 1976 Code is amended by adding:
"Section 7-17-275. (A) A party opposing an election protest that prevails at the hearing before the board may petition the circuit court for reasonable costs and attorney's fees associated with the defense of the protest if the protestant does not appeal the board's decision to the Supreme Court. The board may also petition the circuit court for reasonable costs and expenses associated with hearing the protest. For appeals filed pursuant to Section 7-17-70, the petition must be filed and heard in the county where the protest was originally filed. For protests filed pursuant to Section 7-17-260 involving officers elected on a statewide basis, the petition must be filed and heard in Richland County. For all other protests filed pursuant to Section 7-17-260, the petition may be filed in any county where voting precincts comprising the election district for the office under protest are located. In order to award costs and attorney's fees pursuant to this section, the court must find that the protestant brought the protest for an improper purpose, such as to harass or to cause unnecessary delay, or that the protest was not warranted by existing law, the facts of the case, or that it was frivolous in nature.
(B) Upon appeal from a decision of the board, the Supreme Court may award costs and attorney's fees associated with the appeal to the party prevailing on appeal when the Supreme Court finds that there were no reasonable grounds to appeal the decision of the board. In cases where the prevailing party is the party opposing the protest, the Supreme Court may award costs and attorney's fees associated with the entire defense of the protest if it finds that the protestant brought the protest for an improper purpose, such as to harass or to cause unnecessary delay, or that the protest was not warranted by existing law, the facts of the case, or that it was frivolous in nature." /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
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.
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 PERSON WITH AN ASBESTOS-RELATED OR SILICA-RELATED DISEASE BASED ON THE PHYSICIAN'S ANALYSIS OF A DETAILED OCCUPATIONAL AND EXPOSURE HISTORY OF THE PERSON AND AN ANALYSIS OF THE PERSON'S MEDICAL HISTORY, TO ESTABLISH CRITERIA FOR THE REQUIRED MEDICAL DOCUMENTATION OF THE EXPOSED PERSON'S PHYSICAL IMPAIRMENT, TO ESTABLISH THAT THE LIMITATIONS PERIOD FOR AN EXPOSED PERSON TO BRING AN ACTION DOES NOT BEGIN TO RUN UNTIL THE EXPOSED PERSON DISCOVERS, OR SHOULD HAVE DISCOVERED, HIS OR HER PHYSICAL IMPAIRMENT, TO LIMIT THE LIABILITY OF THE SELLER OF A PRODUCT THAT CONTAINS ASBESTOS OR SILICA WHERE THE SELLER IS NOT THE MANUFACTURER OF THE PRODUCT, TO CLARIFY THAT THIS ACT DOES NOT AFFECT THE SCOPE OR OPERATION OF ANY WORKER'S COMPENSATION LAW OR VETERANS' BENEFIT PROGRAM, AND TO ESTABLISH CERTAIN OTHER REQUIREMENTS TO FILE AND MAINTAIN AN ASBESTOS OR SILICA CLAIM.
S. 1147 (Word version) -- Senators O'Dell, McGill and Knotts: 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.
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 PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 1279 (Word version) -- Senator Cromer: A JOINT RESOLUTION TO POSTPONE UNTIL 2007 THE IMPLEMENTATION OF THE VALUES DETERMINED IN NEWBERRY COUNTY'S MOST RECENTLY COMPLETED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
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.
By prior motion of Senator LEVENTIS
S. 1094 (Word version) -- Senators Leatherman, Alexander, Ryberg and Knotts: 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 OFFICIAL DUTIES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FOR A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE COMMISSION IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION WITH RESPECT TO THE VARIOUS STATE RETIREMENT SYSTEMS AND INVESTMENTS ALLOWED FOR THE FUNDS OF THESE SYSTEMS, SO AS TO PROVIDE FOR ADDITIONAL INVESTMENTS; TO AMEND SECTION 9-1-1340, AS AMENDED, RELATING TO CONFLICT OF INTEREST PROVISIONS WITH RESPECT TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CONFORM THE PROVISIONS TO THE NATIONAL GUARD RETIREMENT SYSTEM; TO AMEND SECTION 9-10-60, RELATING TO STATE BUDGET AND CONTROL BOARD'S RESPONSIBILITIES WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND CONFLICT OF INTEREST PROVISIONS FOR THAT SYSTEM, SO AS TO CONFORM THESE RESPONSIBILITIES TO THE MANNER OF OPERATION OF THE OTHER STATE RETIREMENT SYSTEMS AND TO DELETE REDUNDANT PROVISIONS; TO AMEND SECTION 9-16-360, RELATING TO STANDARDS OF CONDUCT FOR FIDUCIARIES WITH RESPECT TO THE STATE RETIREMENT SYSTEMS, SO AS FURTHER TO DEFINE "INDIRECT INTEREST" AND TO ALLOW THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO WAIVE THESE STANDARDS BY CONTRACT WITH CERTAIN FIDUCIARIES.
On motion of Senator RYBERG, S. 1094 was ordered to receive a third reading on Thursday, April 6, 2006.
S. 1245 (Word version) -- Senators Thomas, Fair, Cromer, Ritchie, Anderson, Verdin, Setzler, Ryberg and Knotts: A BILL TO AMEND SECTIONS 12-6-3360, AS AMENDED, 12-6-3410, AS AMENDED, AND 12-6-3420, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO THE TARGETED JOBS TAX CREDIT, THE INCOME TAX CREDIT FOR ESTABLISHING OR ADDING TO A CORPORATE HEADQUARTERS IN THIS STATE, AND THE TAX CREDIT ALLOWED A CORPORATION FOR CONSTRUCTION OR IMPROVEMENT OF AN INFRASTRUCTURE PROJECT, SO AS TO ALLOW THESE CREDITS TO BE CLAIMED AGAINST THE BANK TAX AND TO MAKE CONFORMING AMENDMENTS.
S. 142 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-1210 OF THE 1976 CODE, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, TO CHANGE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1250, RELATING TO SUPERVISION OF ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NUMBER OF ASSISTANTS AN ANESTHESIOLOGIST MAY SUPERVISE FROM TWO TO FOUR; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.
Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senator HAYES proposed the following amendment (NBD\ 12404AC06), which was adopted:
Amend the report of the Medical Affairs Committee, as and if amended, Section 40-47-1250, page 142-1, line 32 by deleting /two four/ and inserting /two/
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
The Committee on Medical Affairs proposed the following amendment (NBD\12250AC06), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 4 of the bill and inserting:
/SECTION 4. Section 40-47-1250 of the 1976 Code is amended to read:
"Section 40-47-1250. An anesthesiologist's assistant shall practice only under the supervision of a physician who is actively and directly engaged in the clinical practice of medicine and meets the definition of being a sponsoring supervising anesthesiologist. An anesthesiologist may not supervise more than two four anesthesiologist's assistants at any one time."/
Amend the bill, further, Section 40-47-1275 page 3, line 17 by deleting /supervising/ and inserting /supervising sponsoring/.
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 40-47-1210(6) of the 1976 Code is added by Act 57 of 2001, is amended by adding at the end:
"The sponsoring anesthesiologist must be a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in this State who practices in the medical specialty of anesthesiology, approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor. The sponsoring anesthesiologist also may be the supervising anesthesiologist."/
Renumber sections to conform.
Amend title to conform.
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. 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.
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (SWB\6768CM06), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Notwithstanding the annual fee prescribed pursuant to Section 56-3-2332 of the 1976 Code for the standard license plate issued to an automobile manufacturer for vehicles used in a benefit program for the manufacturer's employees or for testing, distribution, evaluation, and promotion, the registration fee for applications filed in 2007 and 2008 is seven hundred sixty-one dollars. In accounting for the revenue of this fee for applications filed in 2007 and 2008, twenty dollars is credited to the general fund of the State and the amount required to be remitted to a local government is seven hundred forty-one dollars. The provisions of Joint Resolution 116 of 2003 applicable for these license plate fees in 2003 and 2004 are extended retroactively through 2006.
SECTION 2. This joint resolution takes effect January 1, 2007. /
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 Resolution was read the second time, passed and ordered to a third reading.
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 second reading of the Bill.
Senator HAWKINS proposed the following amendment (3831R001.JDH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION___. Section 7-17-260 of the 1976 Code is amended to read:
"Section 7-17-260. The state board shall decide all cases under protest or contest that may arise in the case of federal officers, state officers, members of the State Senate and the State House of Representatives, and offices involving more than one county. Any such protest or contest shall be filed in writing with the chairman of the board, together with a copy for each candidate in the race, not later than noon five days following the canvassing of the votes for such offices by the board; provided, however, that service upon the board may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief shall take immediate steps to deliver such copies to the chairman. The protest shall contain each ground thereof concisely stated separately. The chairman of the board shall forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the board for the purposes of hearing the protest. A protest or contested case heard by the state board pursuant to Chapter 17 of Title 7 shall be considered an 'administrative action' pursuant to Section 15-36-10."/
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION___. Chapter 25, Title 7 of the 1976 Code is amended by adding:
"Section 7-25-210. A poll worker, whether or not compensated, while acting pursuant to or in furtherance of the holding or conduct of an election, shall be immune from personal civil liability for any act or omission when the act or omission is done or made in good faith and does not constitute gross negligence, recklessness, willfulness, or wantonness." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION___. Title 7, Chapter 17 of the 1976 Code is amended by adding:
"Section 7-17-275. (A) A party opposing an election protest that prevails at the hearing before the board may petition the circuit court for reasonable costs and attorney's fees associated with the defense of the protest if the protestant does not appeal the board's decision to the Supreme Court. The board may also petition the circuit court for reasonable costs and expenses associated with hearing the protest. For appeals filed pursuant to Section 7-17-70, the petition must be filed and heard in the county where the protest was originally filed. For protests filed pursuant to Section 7-17-260 involving officers elected on a statewide basis, the petition must be filed and heard in Richland County. For all other protests filed pursuant to Section 7-17-260, the petition may be filed in any county where voting precincts comprising the election district for the office under protest are located. In order to award costs and attorney's fees pursuant to this section, the court must find that the protestant brought the protest for an improper purpose, such as to harass or to cause unnecessary delay, or that the protest was not warranted by existing law, the facts of the case, or that it was frivolous in nature.
(B) Upon appeal from a decision of the board, the Supreme Court may award costs and attorney's fees associated with the appeal to the party prevailing on appeal when the Supreme Court finds that there were no reasonable grounds to appeal the decision of the board. In cases where the prevailing party is the party opposing the protest, the Supreme Court may award costs and attorney's fees associated with the entire defense of the protest if it finds that the protestant brought the protest for an improper purpose, such as to harass or to cause unnecessary delay, or that the protest was not warranted by existing law, the facts of the case, or that it was frivolous in nature." /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3591 (Word version) -- Reps. Brady, J.E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E.H. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson: A BILL TO AMEND SECTION 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE V CONTROLLED SUBSTANCES, SO AS TO INCLUDE IN SCHEDULE V ANY COMPOUND CONTAINING PSEUDOEPHEDRINE, TO REQUIRE SUCH COMPOUNDS TO BE DISPENSED ONLY BY A PHARMACIST, OR PHARMACY TECHNICIAN, TO REQUIRE A PICTURE IDENTIFICATION TO PURCHASE SUCH COMPOUNDS, TO LIMIT THE AMOUNT OF SUCH COMPOUND THAT CAN BE PURCHASED IN A THIRTY DAY PERIOD, AND TO PROVIDE THAT LIQUID OR CAPSULE FORMS OF COMPOUNDS WHERE PSEUDOEPHEDRINE IS NOT THE ONLY ACTIVE INGREDIENT ARE NOT SCHEDULE V CONTROLLED SUBSTANCES; AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXEMPT OTHER PRODUCTS BY REGULATION FROM SCHEDULE V IF THEY ARE NOT USED IN THE ILLEGAL MANUFACTURE OF METHAMPHETMINE.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration for the purpose of removing his name from the Minority Report.
There was no objection and Senator HUTTO's name was removed from the Minority Report on the Bill.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\12241AC06), which was adopted:
Amend the bill, as and if amended, Section 44-53-398(C) page 2, line 9 by deleting /retail distributor/ and inserting /retailer/.
Amend the bill, further, by deleting Section 44-53-398(D) on page 2 and inserting:
/(D) Persons delivering or selling products containing ephedrine or pseudoephedrine pursuant to subsection (A) shall require the purchaser to produce a government issued photo identification showing the date of birth of the person and require the purchaser to sign a written or electronic log showing the date of the transaction, name of the person, the person's address, and the amount of the compound, mixture, or preparation. A retailer that delivers or sells products containing ephedrine or pseudoephedrine pursuant to subsection (A) must retain this log for two years after which the log may be destroyed. The log must be made available for inspection within twenty-four hours of a request made by a local, state, or federal law enforcement officer. A log retained by a retailer is confidential and not a public record as defined in Section 30-4-20(C) of the Freedom of Information Act./
Amend the bill, further, by deleting Section 44-53-398(H)(4) on page 3 and inserting:
/(4)(a) A person who wilfully and knowingly violates subsection (D) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not less than one hundred dollars and not more than two hundred dollars. Upon conviction for a second offense, a person must be fined not less than two hundred dollars and not more than three hundred dollars. Upon conviction for a third or subsequent offense, a person must be imprisoned not more than six months or fined not more than one thousand dollars, or both. A violation of subsection(D) is limited to the place of business where the violation occurred and to the person charged with the violation. If a retailer is accused of a violation of subsection (D), proof that the retailer has provided to all persons having authority to deliver or sell products, as provided in subsection (D), a methamphetamine awareness or education program, which must include the provisions of this section, is prima facie evidence that the store has complied with the provisions of this section.
(b) A violation of subsection (D) is limited to the place of business where the violation occurred and to the person charged with the violation. /
Amend the bill, further, Section 44-53-398, page 4, immediately after line 2 by inserting:
/(I) For purposes of this section:
(1) 'person' means an individual who is employed by an establishment where products containing pseudoephedrine are available for sale;
(2) 'retailer' means an entity that is the general owner of an establishment where pseudoephedrine products are available for sale./
Amend the bill, further, by deleting Section 44-53-376(C) on page 5 and inserting:
/(C) If a person is convicted of a violation of this section, in a manner that requires an emergency or environmental response, the person convicted must be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response. The convicted person shall make the restitution in addition to any other fine or penalty required by law.
(D) Exempt from the provisions of this section are the individuals, entities, agencies, law enforcement groups, and those otherwise authorized, who are lawfully tasked with the proper disposal of the waste created from methamphetamine production./
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. (A) Five years after this act's effective date the Chairman of the Senate Medical Affairs Committee, or his designee, shall convene a study committee comprised of:
(1) four members of the Senate Medical Affairs Committee, appointed by the chairman of the committee;
(2) four members of the House Medical, Military, Public and Municipal Affairs Committee, appointed by the chairman of the committee;
(3) the Director of the Department of Health and Environmental Control, or a designee;
(4) the President of the Board of Pharmacy, or a designee;
(5) the President of the South Carolina Pharmacy Association, or a designee;
(6) a representative of the National Association of Chain Drug Stores, appointed by the Chairman of the Senate Medical Affairs and the House Medical, Military, Public and Municipal Affairs Committees;
(7) the President of the South Carolina Retailers Association, or a designee;
(8) the Director of the South Carolina Law Enforcement Division, or a designee.
(B) The committee shall elect a chairman from among the members of the committee. The committee shall review the implementation and application of this act during the five years it has remained in effect and shall submit a report, including recommendations for legislative changes, if any, to the Senate Medical Affairs Committee and the Medical, Military, Public and Municipal Affairs Committee before January 1, 2012.
(C) Members of the study committee are entitled to mileage, per diem, and subsistence as provided in law for members of state boards, committees, and commissions.
(D) The study committee is abolished at such time as it submits the report required pursuant to subsection (B)./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator RITCHIE proposed the following amendment (NBD\ 12381AC06), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. Article 3, Chapter 53, Title 44 of the 1976 Code, is amended by adding:
"Section 44-53-398. (A) Products whose sole active ingredient is ephedrine or pseudoephedrine may be offered for retail sale only if sold in blister packaging. The retailer shall ensure that such products are not offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by an employee or agent of the retailer.
(B) A retailer may not in any single over the counter sale sell more than three packages of any product containing ephedrine or pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of ephedrine or pseudoephedrine base and shall ensure that the product is delivered directly into the custody of the purchaser.
(C) It is unlawful for a retailer to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor registered by the United States Drug Enforcement Administration.
(D)(1) A retailer selling products containing ephedrine or pseudoephedrine pursuant to subsection (A) shall require the purchaser to produce a government issued photo identification showing the date of birth of the person and require the purchaser to sign a written or electronic log showing the date and time of the transaction, the person's name and address, and the amount of the compound, mixture, or preparation. The retailer shall determine that the name entered in the log corresponds to the name on the identification and that the date and time entered are correct and shall enter in the log the name of the product and the quantity sold. The log must include a notice to purchasers that entering false statements or misrepresentations in the logbook may subject the purchaser to criminal penalties. The retailer shall retain this log for two years after which the log may be destroyed. The log must be made available for inspection within twenty-four hours of a request made by a local, state, or federal law enforcement officer.
(2) A log retained by a retailer is confidential and not a public record as defined in Section 30-4-20(C) of the Freedom of Information Act. A retailer or an employee or agent of a retailer who in good faith releases information in a log to federal, state, or local law enforcement authorities is immune from civil liability for the release unless the release constitutes gross negligence or intentional, wanton, or wilful misrepresentation.
(E) Except as authorized by this section, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute, any substance containing any amount of ephedrine, pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, dissolved, solvated, or crushed. This subsection does not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose as directed by a person licensed under Title 40 and authorized to prescribe legend drugs.
(F) It is unlawful for a person to enter false statements or misrepresentations on the log required pursuant to subsection (D)(1).
(G) This section preempts all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retailer except such local ordinances or regulations that existed on or before December 31, 2004.
(H)(1) Except as otherwise provided in this section, it is unlawful for a retailer knowingly to violate subsection (A), (B), (C), or (D)(1), and it is unlawful for a person knowingly to violate subsection (E) or (F).
(2) A retailer convicted of a violation of subsection (A) or (B) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than five thousand dollars and, upon conviction for a second or subsequent offense, must be fined not more than ten thousand dollars.
(3) A retailer convicted of a violation of subsection (C), upon conviction for a first offense, is guilty of a misdemeanor and must be imprisoned not more than one year or fined not more than one thousand dollars, or both; upon conviction for a second or subsequent offense, is guilty of a misdemeanor and must be imprisoned not more than three years or fined not more than five thousand dollars, or both.
(4) A retailer convicted of a violation of subsection (D)(1) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than one thousand dollars and not less than five hundred dollars. Upon conviction for a second offense, a retailer must be fined not more than five thousand dollars and not less than one thousand dollars. Upon conviction for a third or subsequent offense, a person must be fined not more than ten thousand dollars and not less than five thousand dollars.
(5) A person convicted of a violation of subsection (E) is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not more than five thousand dollars. The court, upon approval from the solicitor, may request as part of the sentence, that the offender enter and successfully complete a drug treatment program. For a second or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not less than ten thousand dollars.
(6) A person convicted of a violation of subsection (F), upon conviction for a first offense, is guilty of a misdemeanor and must be fined not more than one thousand dollars and, upon conviction for a second or subsequent offense, is guilty of a felony and must be fined not more than five thousand dollars.
(7) It is an affirmative defense to a violation of subsection (A), (C), or (D)(1) if a retailer provided the training, maintained records, and obtained employee and agent statements of agreement required by subsection (I) for all employees and agents at the retail location where the violation occurred and at the time the violation occurred.
(I) A retailer shall provide training on the requirements of this section to all agents and employees who are responsible for delivering the products regulated by this section into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products. A retailer shall obtain a signed, written agreement from each employee or agent that the employee or agent agrees to comply with the requirements of this section. The retailer shall maintain records demonstrating that these employees and agents have been provided this training and the documents executed by the retailer's employees and agents agreeing to comply with this section.
(J) This section does not apply to:
(1) pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under twelve years of age according to label instructions; and
(2) products that the Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors;
(3) a purchase of a single sales package containing not more than sixty milligrams of pseudoephedrine.
(K) For purposes of this section 'retailer' means a retail distributor, including a pharmacy, where pseudoephedrine products are available for sale and does not include an employee or agent of a retailer."/
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
The Clerk conformed and proposed the following amendment (3591R001.HSP), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/ SECTION 1. Article 3, Chapter 53, Title 44 of the 1976 Code, is amended by adding:
"Section 44-53-398. (A) Products whose sole active ingredient is ephedrine or pseudoephedrine may be offered for retail sale only if sold in blister packaging. The retailer shall ensure that such products are not offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by an employee or agent of the retailer.
(B) A retailer may not in any single over the counter sale sell more than three packages of any product containing ephedrine or pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of ephedrine or pseudoephedrine base and shall ensure that the product is delivered directly into the custody of the purchaser.
(C) It is unlawful for a retailer to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor registered by the United States Drug Enforcement Administration.
(D)(1) A retailer selling products containing ephedrine or pseudoephedrine pursuant to subsection (A) shall require the purchaser to produce a government issued photo identification showing the date of birth of the person and require the purchaser to sign a written or electronic log showing the date and time of the transaction, the person's name and address, and the amount of the compound, mixture, or preparation. The retailer shall determine that the name entered in the log corresponds to the name on the identification and that the date and time entered are correct and shall enter in the log the name of the product and the quantity sold. The log must include a notice to purchasers that entering false statements or misrepresentations in the logbook may subject the purchaser to criminal penalties. The retailer shall retain this log for two years after which the log may be destroyed. The log must be made available for inspection within twenty-four hours of a request made by a local, state, or federal law enforcement officer.
(2) A log retained by a retailer is confidential and not a public record as defined in Section 30-4-20(C) of the Freedom of Information Act. A retailer or an employee or agent of a retailer who in good faith releases information in a log to federal, state, or local law enforcement authorities is immune from civil liability for the release unless the release constitutes gross negligence or intentional, wanton, or wilful misrepresentation.
(E) Except as authorized by this section, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute, any substance containing any amount of ephedrine, pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, dissolved, solvated, or crushed. This subsection does not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose as directed by a person licensed under Title 40 and authorized to prescribe legend drugs.
(F) It is unlawful for a person to enter false statements or misrepresentations on the log required pursuant to subsection (D)(1).
(G) This section preempts all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retailer except such local ordinances or regulations that existed on or before December 31, 2004.
(H)(1) Except as otherwise provided in this section, it is unlawful for a retailer knowingly to violate subsection (A), (B), (C), or (D)(1), and it is unlawful for a person knowingly to violate subsection (E) or (F).
(2) A retailer convicted of a violation of subsection (A) or (B) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than five thousand dollars and, upon conviction for a second or subsequent offense, must be fined not more than ten thousand dollars.
(3) A retailer convicted of a violation of subsection (C), upon conviction for a first offense, is guilty of a misdemeanor and must be imprisoned not more than one year or fined not more than one thousand dollars, or both; upon conviction for a second or subsequent offense, is guilty of a misdemeanor and must be imprisoned not more than three years or fined not more than five thousand dollars, or both.
(4) A retailer convicted of a violation of subsection (D)(1) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than one thousand dollars and not less than five hundred dollars. Upon conviction for a second offense, a retailer must be fined not more than five thousand dollars and not less than one thousand dollars. Upon conviction for a third or subsequent offense, a person must be fined not more than ten thousand dollars and not less than five thousand dollars.
(5) A person convicted of a violation of subsection (E) is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not more than five thousand dollars. The court, upon approval from the solicitor, may request as part of the sentence, that the offender enter and successfully complete a drug treatment program. For a second or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not less than ten thousand dollars.
(6) A person convicted of a violation of subsection (F), upon conviction for a first offense, is guilty of a misdemeanor and must be fined not more than one thousand dollars and, upon conviction for a second or subsequent offense, is guilty of a felony and must be fined not more than five thousand dollars.
(7) It is an affirmative defense to a violation of subsection (A), (C), or (D)(1) if a retailer provided the training, maintained records, and obtained employee and agent statements of agreement required by subsection (I) for all employees and agents at the retail location where the violation occurred and at the time the violation occurred.
(I) A retailer shall provide training on the requirements of this section to all agents and employees who are responsible for delivering the products regulated by this section into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products. A retailer shall obtain a signed, written agreement from each employee or agent that the employee or agent agrees to comply with the requirements of this section. The retailer shall maintain records demonstrating that these employees and agents have been provided this training and the documents executed by the retailer's employees and agents agreeing to comply with this section.
(J) This section does not apply to:
(1) pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under twelve years of age according to label instructions; and
(2) products that the Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors;
(3) a purchase of a single sales package containing not more than sixty milligrams of pseudoephedrine.
(K) For purposes of this section 'retailer' means a retail distributor, including a pharmacy, where pseudoephedrine products are available for sale and does not include an employee or agent of a retailer." /
Amend the bill, further, by deleting Section 44-53-376(C) on page 4 and inserting:
/ (C) If a person is convicted of a violation of this section, in a manner that requires an emergency or environmental response, the person convicted must be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response. The convicted person shall make the restitution in addition to any other fine or penalty required by law.
(D) Exempt from the provisions of this section are the individuals, entities, agencies, law enforcement groups, and those otherwise authorized, who are lawfully tasked with the proper disposal of the waste created from methamphetamine production. /
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/ SECTION __. (A) Five years after this act's effective date the Chairman of the Senate Medical Affairs Committee, or his designee, shall convene a study committee comprised of:
(1) four members of the Senate Medical Affairs Committee, appointed by the chairman of the committee;
(2) four members of the House Medical, Military, Public and Municipal Affairs Committee, appointed by the chairman of the committee;
(3) the Director of the Department of Health and Environmental Control, or a designee;
(4) the President of the Board of Pharmacy, or a designee;
(5) the President of the South Carolina Pharmacy Association, or a designee;
(6) a representative of the National Association of Chain Drug Stores, appointed by the Chairman of the Senate Medical Affairs and the House Medical, Military, Public and Municipal Affairs Committee;
(7) the President of the South Carolina Retailers Association, or a designee;
(8) the Director of the South Carolina Law Enforcement Division, or a designee.
(B) The committee shall elect a chairman from among the members of the committee. The committee shall review the implementation and application of this act during the five years it has remained in effect and shall submit a report, including recommendations for legislative changes, if any, to the Senate Medical Affairs Committee and the Medical, Military, Public and Municipal Affairs Committee before January 1, 2012.
(C) Members of the study committee are entitled to mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
(D) The study committee is abolished at such time as it submits the report required pursuant to subsection (B). /
Renumber sections to conform.
Amend title to conform.
The Clerk's conforming amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Concurrent Resolution was adopted, ordered sent to the House.
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.
On motion of Senator RYBERG, the Bill was carried over.
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.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators MALLOY and SHEHEEN proposed the following amendment (JUD1163.001):
Amend the bill, as and if amended, page 5, lines 32-34, by striking SECTION 4 in its entirety and inserting:
/ SECTION 4. This act takes effect upon approval by the Governor and applies to all civil actions asserting an asbestos claim filed on or after that date. /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
On motion of Senator MALLOY, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1205 (Word version) -- Senators Grooms, Verdin, Hutto, Peeler, Williams, Land, Bryant, O'Dell, Jackson, Cromer, Ford, Knotts and Setzler: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUISANCE SUITS PERTAINING TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS LOCAL ORDINANCES IN CONFLICT WITH STATE LAW OR REGULATIONS GOVERNING AN AGRICULTURAL FACILITY OR OPERATION, ARE NULL AND VOID AND TO FURTHER DEFINE WHAT CONSTITUTES AN AGRICULTURAL OPERATION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
Senator LEVENTIS spoke on the committee amendment.
At 3:07 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator HAYES moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Elliott Fair Gregory Grooms Hawkins Hayes Hutto Jackson Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Patterson Peeler Rankin Richardson Ritchie Ryberg Scott Setzler Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator LEVENTIS spoke on the committee amendment.
At 3:25 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GROOMS moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Elliott Gregory Grooms Hawkins Hayes Hutto Jackson Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore Patterson Peeler Rankin Richardson Ritchie Ryberg Scott Setzler Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator SHORT recorded her presence subsequent to the Call of the Senate.
Senator LEVENTIS argued contra to the adoption of the committee amendment.
Senator LEATHERMAN made a Parliamentary Inquiry as to whether the Senator was speaking on the Bill or the committee amendment.
The PRESIDENT Pro Tempore stated that the question before the body was the adoption of the committee amendment.
Senator LEVENTIS resumed arguing contra to the adoption of the committee amendment.
At 3:44 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cromer Elliott Ford Gregory Grooms Hawkins Hayes Hutto Jackson Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore Patterson Peeler Rankin Reese Richardson Ritchie Ryberg Scott Setzler Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator LEVENTIS resumed arguing contra to the adoption of the committee amendment.
At 3:52 P.M., Senator GROOMS moved under the provisions of Rule 15A to set a time certain of 4:10 P.M. to vote on the entire matter of S. 1205.
Senator LEVENTIS resumed speaking on the committee amendment.
At 3:55 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator SETZLER, the Senate receded from business not to exceed two minutes.
At 4:02 P.M., the Senate resumed.
Senator LEVENTIS resumed arguing contra to the adoption of the committee amendment.
At 4:02 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cromer Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator KNOTTS recorded his presence subsequent to the Call of the Senate.
Senator LEVENTIS resumed speaking on the committee amendment.
Senator GROOMS made a Parliamentary Inquiry as to whether the time had arrived to vote on the motion under Rule 15A.
The PRESIDENT Pro Tempore advised that the time had arrived to vote on the motion under Rule 15A.
Senator LEVENTIS made a Parliamentary Inquiry as to what the time restrictions were on speaking on the amendments.
The PRESIDENT Pro Tempore stated that, if the motion under Rule 15A were to be adopted, proponents and opponents each had equal time, not to exceed twenty minutes total.
The question then was the adoption of the motion under Rule 15A.
At 4:08 P.M., the "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Bryant Cromer Fair Grooms Hawkins Martin Peeler Richardson Ryberg Scott Thomas Verdin
Alexander Anderson Campsen Courson * Elliott Ford Gregory Hayes Hutto Jackson Knotts* Leventis Lourie Malloy Matthews McConnell McGill Moore Patterson Pinckney Rankin Reese Setzler Sheheen Williams
*These Senators were not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote, the motion under Rule 15A failed.
Senator LEVENTIS resumed arguing contra to the adoption of the committee amendment.
The question then was the adoption of the committee amendment.
The Committee on Agriculture and Natural Resources proposed the following amendment (1205R004.CBH), which was adopted:
Amend the bill, as and if amended, Page 3, by striking line 29 and inserting:
/ Section 46-45-60. (A) Notwithstanding any local law or ordinance, /
Amend the bill further, as and if amended, Page 4, line 9, by inserting:
/ (B) The provisions of this section shall not preclude any right a county may have to determine whether an agricultural use is a permitted use under the county's land use and zoning authority; provided, if an agricultural facility or an agricultural operation is a permitted use, or is approved as a use pursuant to any county conditional use, special exception or similar county procedure, county development standards, or other ordinances that are not identical with the laws of this State or the regulations of the Department of Health and Environmental Control are null and void to the extent they (a) apply to agricultural operations or facilities otherwise permitted by this chapter, the laws of this State, and the regulations of the Department of Health and Environmental Control, and (b) are not identical to this chapter, the laws of this State, and the regulations of the Department of Health and Environmental Control. /
Renumber sections to conform.
Amend title to conform.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Courson * Cromer Elliott Fair Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land * Leatherman Martin McConnell McGill Moore Peeler Rankin Reese Richardson Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
Anderson Leventis Lourie Malloy Matthews Patterson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The committee amendment was adopted.
Senators LOURIE, GROOMS, ALEXANDER and VERDIN proposed the following Amendment No. 1B (MS\7343AHB06), which was adopted:
Amend the bill, as and if amended, in Chapter 45, Title 46 of the 1976 Code, as contained in SECTION 1, by adding a new Section 46-45-80 immediately after Section 46-45-70 on page 4 to read:
/ Section 46-45-80. Any setback distances given in R. 61-43, Standards for Permitting of Agricultural Animal Facilities, are minimum siting requirements as established by the Department of Health and Environmental Control. The department may require additional setback distances on a case-by-case basis considering the factors set forth in the regulation. Such distances may be waived or reduced by written consent of the adjoining property owners, or otherwise without consent of the adjoining property owners, when there are innovative and alternative technologies approved by the department pursuant to the Innovative and Alternative Technologies Section of R. 61-43 . /
Renumber sections to conform.
Amend title to conform.
Senator LOURIE explained the amendment.
Senator GROOMS spoke on the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary * Courson * Cromer Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land * Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore Patterson Peeler Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 2 (GJK\20968SD06), which was carried over:
Amend the bill, as and if amended, in Section 46-45-20 of the 1976 Code, as contained in SECTION 1, by striking /or processing/ beginning on line 22, page 2 and inserting / or processing /;
Amend further, as and if amended, in Section 46-45-20 of the 1976 Code, as contained in SECTION 1, by striking /slaughtering, or processing / on line 36, page 2 and inserting / slaughtering, or processing /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
At 4:37 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator LEVENTIS explained the amendment.
On motion of Senator SHEHEEN, with unanimous consent, the amendment was carried over.
Senator LEVENTIS proposed the following Amendment No. 3 (GJK\20971SD06), which was tabled:
Amend the bill, as and if amended, in Section 46-45-20 of the 1976 Code, as contained in SECTION 1, by striking items (11) and (12) of subsection (B) which begin on line 8, page 3, and inserting
/ (11) the operation of a roadside market; and
(12) silviculture. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator GROOMS spoke on the amendment.
Senator GROOMS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 5 (GJK\20969SD06), which was tabled:
Amend the bill, as and if amended, in Section 46-45-10 of the 1976 Code, as contained in SECTION 1, by adding after /operations, / on line 9, page 2 / new confined cattle feeder operations, and new poultry houses, /;
Amend further, as and if amended, in Section 46-45-20 of the 1976 Code, as contained in SECTION 1, by striking subsection (C) which begins on line 10, page 3 and inserting
/ (C) For purposes of this chapter 'new swine operations', 'new confined cattle feeder operations', or 'new poultry houses', means such operations or houses not in existence on June 30, 2006. /;
Amend further, as and if amended, in Section 46-45-60 of the 1976 Code, by adding after / operations, / on line 34, page 3 /new confined cattle feeder operations, and new poultry houses, /;
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator GROOMS spoke on the amendment.
Senator GROOMS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 6 (GJK\21062SD06), which was tabled:
Amend the bill, as and if amended, in Chapter 45, Title 46 of the 1976 Code, as contained in SECTION 1, by adding a new Section 46-45-90 immediately after Section 46-45-70 on page 4 to read:
/ Section 46-45-90. (A) The Department of Health and Environmental Control in all regulations and counties and municipalities in all ordinances relating to setback lines of agricultural facilities or operations from public areas and neighboring residences must use and incorporate the site selection standards of the American Society of Agricultural Engineers as contained in ASAE EP 379.2 Nov 97 or as contained in subsequent ASAE Standards in regard to managing animal enterprises for odor control.
(B) Any current regulations or ordinances not inconformity with the
requirements of subsection (A) must be amended to be brought into compliance. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
At 5:05 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cromer Elliott Fair Grooms Hawkins Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator FAIR asked unanimous consent to make a motion that Senators FAIR and SHORT be granted leave to attend a subcommittee meeting and be counted in any quorum calls.
Senator LEVENTIS objected.
Senator LEVENTIS explained the amendment.
At 5:30 P.M., Senator GROOMS moved under the provisions of Rule 15A to set a time certain of 5:45 P.M. to vote on the entire matter of S. 1205.
At 5:30 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bryant Campsen Cromer Elliott Fair Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Rankin Reese Richardson Ritchie Ryberg Scott Setzler Short Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator LEVENTIS resumed speaking on the amendment.
Senator GROOMS spoke on the amendment.
Senator GROOMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Courson * Cromer Elliott Gregory Grooms Hawkins Hayes Hutto * Knotts Land * Leatherman Martin McConnell McGill Moore O'Dell Peeler Reese Ryberg Scott Setzler Short Thomas Verdin Williams
Anderson Leventis Lourie Malloy Matthews
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
With Senator LEVENTIS retaining the floor, Senator LOURIE asked unanimous consent to make a motion that the Senate stand adjourned.
Senator GROOMS objected.
Senators LEVENTIS proposed the following Amendment No. 7 (GJK\21061SD06), which was tabled:
Amend the bill, as and if amended, in Chapter 45, Title 46 of the 1976 Code, as contained in SECTION 1, by adding a new Section 46-45-85 immediately after Section 46-45-70 on page 4 to read:
/ Section 46-45-85. Notwithstanding any other provision of law or rule of court and in addition to all other requirements for standing, in order to have standing to protest the issuance or potential issuance of a permit relating to an agricultural facility or operation, the person must live within three miles of the facility or operation computed in a direct line./
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator GROOMS moved to lay the amendment on the table.
The amendment was laid on the table.
Having voted on the prevailing side, Senator THOMAS moved to reconsider the vote whereby Amendment No. 7 was laid on the table.
There was no objection and the motion was adopted.
The question then was the motion to table Amendment No. 7.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Courson * Cromer Elliott Fair Gregory Grooms Hawkins Hayes Hutto * Knotts Land * Leatherman Malloy Martin McConnell McGill Moore O'Dell Peeler Reese Ritchie Ryberg Scott Setzler Thomas Verdin Williams
Anderson Leventis Lourie Matthews Patterson
The amendment was laid on the table.
The time had arrived to vote on the motion under Rule 15A.
At 5:52 P.M., the "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Cromer Fair Grooms Hawkins Leatherman Martin O'Dell Peeler Ritchie Ryberg * Scott Thomas Verdin
Anderson Campsen Courson * Elliott Ford Gregory Hayes Jackson Leventis Lourie Malloy Matthews McConnell McGill Moore Patterson Reese Setzler Williams
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote, the motion under Rule 15A failed.
Senator MATTHEWS proposed the following Amendment No. 8 (NBD\12369AC06), which was tabled:
Amend the bill, as and if amended, Section 46-45-10(5) page 2, line 17 before the /./ by inserting /, except for an existing ordinance that has received three readings by a county council/.
Amend the bill further, by deleting Section 46-45-60(A) and inserting:
/(A) Except for an existing local law or ordinance that has received three readings by a county council, an agricultural operation or facility is considered to be in compliance with the local law or ordinance if the operation or facility would otherwise comply with state law or regulations governing the facility or operation. With the exception of new swine operations, to the extent an ordinance of a unit of local government:
(1) attempts to regulate the licensing or operation of an agricultural facility in any manner that is not identical to the laws of this State and regulations of the Department of Health and Environmental Control and amendments thereto;
(2) that makes the operation of an agricultural facility or an agricultural operation at an agricultural facility a nuisance or providing for abatement as a nuisance in derogation of this chapter; or
(3) is not identical to state law and regulations governing agricultural operations or agricultural facilities, is null and void. The provisions of this section do not apply whenever a nuisance results from the negligent, illegal, or improper operation of an agricultural facility. The provisions of this section do not apply whenever a nuisance results from to an agricultural facility or agricultural operation at an agricultural facility located within the corporate limits of a city./
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator GROOMS spoke on the amendment.
Senator GROOMS moved to lay the amendment on the table.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator RICHARDSON asked unanimous consent to make a motion to be recognized to speak on the amendment.
Senator GROOMS objected.
The question then was the motion to table the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Cromer Elliott Fair Grooms Hawkins Knotts Leatherman Martin McConnell Peeler Ritchie Setzler Thomas Verdin Williams
Anderson Campsen Courson * Ford Gregory Hayes Jackson Leventis Lourie Malloy Matthews McGill Moore Patterson Reese Richardson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
On motion of Senator MARTIN, debate was interrupted by adjournment.
Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Daniel Burns, 1645 Caldwell Road, Campobello, S.C. 29322 VICE John Morrow
On motion of Senators CROMER, KNOTTS, COURSON, SETZLER, RYBERG, LEVENTIS, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, LAND, LEATHERMAN, LOURIE, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, SCOTT, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Clifford Ray Eckstrom of Irmo, S.C., beloved father of Richard A. Eckstrom, Comptroller General of South Carolina.
At 6:42 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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