South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Printed Page 593 . . . . . Tuesday, February 7, 2006

Tuesday, February 7, 2006
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear again a word from Ecclesiastes (3:1-8):

"There is a time for everything;

And a season for every activity under heaven:

a time to plant and a time to uproot...

a time to be silent and a time to speak...."
Let us pray.

Our Father, for the mystery of Life and Time itself - we praise You!

We thank You for the return of another week. Help us to waste none of its hours; neglect none of its opportunities; and fail in none of its duties.

We ask Your guidance in all that we do!
Amen!

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

Doctor of the Day

Senator COURSON introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MARTIN, at 12:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for the week.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

Printed Page 594 . . . . . Tuesday, February 7, 2006

Expression of Personal Interest

Senator MALLOY rose for an Expression of Personal Interest.

PRESIDENT PRESIDES

At 12:09 P.M., the PRESIDENT assumed the Chair.

S. 638--CO-SPONSOR ADDED

S. 638 (Word version) -- Senators Campsen, Grooms, Leventis, Bryant, Fair, Hayes and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES ACT" BY ADDING SECTION 59-65-49 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS.

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S.638.

S. 1028--CO-SPONSOR ADDED

S. 1028 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Knotts and Courson: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 37, ENACTING THE "SOUTH CAROLINA PROPERTY TAX ASSESSMENT REFORM ACT", SO AS TO PROVIDE FOR A "POINT OF SALE" VALUATION OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX AND TO PROVIDE ALTERNATE METHODS WHICH MAY BE USED IN COUNTIES FOR THE VALUATION OF REAL PROPERTY FOR PURPOSES OF PROPERTY THAT INCLUDE A CURRENT FAIR MARKET VALUE METHOD, A CURRENT FAIR MARKET VALUE METHOD SUBJECT TO ANNUAL LIMITS IN INCREASES IN THE VALUE OF SUCH VALUE ATTRIBUTABLE TO INFLATION, AND A FAIR MARKET VALUE METHOD DETERMINED IN COUNTYWIDE APPRAISALS IMPLEMENTED EVERY FIFTH YEAR; TO AMEND SECTION 4-9-1210, RELATING TO THE INITIATIVE METHOD OF ENACTING COUNTY ORDINANCES, SO AS TO ALLOW THIS PROCESS TO INCLUDE ORDINANCES ENACTING A REAL PROPERTY

Printed Page 595 . . . . . Tuesday, February 7, 2006
VALUATION METHOD PERMITTED BY THIS ACT; TO AMEND SECTION 6-1-50, RELATING TO FINANCIAL REPORTS, SO AS TO REQUIRE SUBMISSION OF FINANCIAL REPORTS TO THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, ECONOMIC RESEARCH SECTION; TO AMEND SECTION 12-37-251, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION, SO AS TO DELETE REFERENCES TO THE ROLLBACK CALCULATIONS REQUIRED AFTER REASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF AND VALUATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO CONFORM VALUATION REFERENCES FOR REAL PROPERTY; TO REPEAL SECTION 12-37-223A, RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING INCREASES IN VALUE DUE TO REASSESSMENT; AND TO REPEAL SECTIONS 12-43-210, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 1028.

S. 1035--CO-SPONSOR ADDED

S. 1035 (Word version) -- Senators Richardson, Ritchie, Cleary, Bryant, Scott, Elliott, Peeler, Verdin, Fair, Leatherman, Ryberg, Mescher, O'Dell, J. Verne Smith, Martin and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; BY ADDING 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE FOR THE ORDERLY DISSOLUTION OF THE SECOND INJURY FUND AND TO PROVIDE FOR SUBSEQUENT ACTIONS TO BE TAKEN BY THE BUDGET AND CONTROL BOARD RELATING TO THE

Printed Page 596 . . . . . Tuesday, February 7, 2006
WINDING DOWN OF OPERATIONS OF THE FUND; BY ADDING SECTION 42-15-85 SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS ON THE EMPLOYEE, AND TO PROVIDE HOW CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN, TO PROVIDE AN EXCEPTION, AND TO DEFINE "EXPERT WITNESS" FOR PURPOSES OF THIS SECTION; BY AMENDING SECTION 38-55-530, AS AMENDED, RELATING TO DEFINITIONS AS USED IN OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO FURTHER DEFINE "FALSE STATEMENT AND MISREPRESENTATION"; BY AMENDING SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE REVISED CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS IN CONNECTION WITH AN INSURANCE TRANSACTION; BY AMENDING SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION BY THE OFFICE OF THE ATTORNEY GENERAL, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT; BY AMENDING SECTION 42-1-160, AS AMENDED, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO FURTHER DEFINE THESE TERMS; BY AMENDING SECTION 42-1-360, RELATING TO EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO INCLUDE "PROFESSIONAL SPORTS TEAM PLAYER" IN THE EXEMPTION; BY AMENDING SECTION 42-3-20, RELATING TO THE MEMBERSHIP, TERMS OF OFFICE, VACANCIES, AND DUTIES OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP AND REVISE THE PROCEDURE FOR HEARING CONTESTED CASES; BY AMENDING SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR THE DEFINITION OF "PERMANENT MEDICAL IMPAIRMENT"; BY AMENDING SECTION 42-9-60, RELATING TO COMPENSATION THAT IS NOT ALLOWED WHEN INJURY OR DEATH IS CAUSED BY
Printed Page 597 . . . . . Tuesday, February 7, 2006
INTOXICATION OR WILFUL INTENTION OF EMPLOYEE, SO AS TO EXCLUDE FROM COVERAGE INJURIES CAUSED BY THE INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS; BY AMENDING SECTION 42-9-360, AS AMENDED, RELATING TO THE ASSIGNMENTS OF COMPENSATION AND THE EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO MAKE CLAIMS FOR COMPENSATION NOT SUBJECT TO ASSIGNMENT; BY AMENDING SECTION 42-11-10, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE", SO AS TO FURTHER DEFINE THIS TERM; BY AMENDING SECTION 42-15-60, RELATING TO MEDICAL TREATMENT AND SUPPLIES BEING FURNISHED AND AN EMPLOYEE'S REFUSAL TO ACCEPT TREATMENT, SO AS TO PROVIDE FOR THE TERMINATION OF THE EMPLOYER'S OBLIGATION TO PROVIDE MEDICAL BENEFITS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 42-15-80, RELATING TO PRIVILEGED INFORMATION COMMUNICATED AT EMPLOYEE EXAMINATIONS, SO AS TO PROVIDE THAT A PHYSICIAN, SURGEON, OR OTHER HEALTH CARE PROVIDER, WITHOUT THE PERMISSION OF THE EMPLOYEE, MAY DISCUSS AND COMMUNICATE AN EMPLOYEE'S MEDICAL HISTORY, DIAGNOSIS, CAUSATION, COURSE OF TREATMENT, PROGNOSIS, WORK RESTRICTIONS, AND IMPAIRMENTS WITH THE REPRESENTATIVE OF THE INSURANCE CARRIER, THE EMPLOYER, THE EMPLOYEE, THEIR ATTORNEY, THE REHABILITATION PROFESSIONAL, OR THE COMMISSION; BY AMENDING SECTION 42-15-90, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE COMMISSION, SO AS TO PROVIDE FOR THE ATTORNEY'S FEES FOR REPRESENTING AN EMPLOYEE BEFORE THE COMMISSION; BY AMENDING SECTION 42-15-95, AS AMENDED, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION", TO PROVIDE THAT ALL MEDICAL AND VOCATIONAL INFORMATION INSTEAD OF ALL INFORMATION COMPILED BY A HEALTH CARE FACILITY OR PROVIDER BE PROVIDED WITHIN A CERTAIN TIME, AND TO
Printed Page 598 . . . . . Tuesday, February 7, 2006
PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM; AND BY AMENDING SECTION 42-17-90, RELATING TO THE REVIEW OF AN AWARD ON CHANGE OF A CONDITION, SO AS TO PROVIDE THAT IN OCCUPATIONAL DISEASE CASES, A REVIEW MUST NOT BE MADE AFTER TWELVE MONTHS FROM THE DATE OF THE LAST PAYMENT OF BENEFITS.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 1035.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1119 (Word version) -- Senator Courson: A SENATE RESOLUTION TO CONGRATULATE MRS. MARISA VICKERS FOR BEING NAMED SOUTH CAROLINA MIDDLE SCHOOL PRINCIPAL OF THE YEAR, TO WISH HER LUCK AS SHE COMPETES FOR NATIONAL MIDDLE SCHOOL PRINCIPAL OF THE YEAR, AND TO THANK HER FOR HER TIRELESS DEDICATION IN MAKING HAND MIDDLE SCHOOL AN AWARD WINNING INSTITUTION.
l:\s-res\jec\011mari.mrh.doc

The Senate Resolution was adopted.

S. 1120 (Word version) -- Senator Courson: A SENATE RESOLUTION TO CONGRATULATE MS. SUSAN AUDÉ ON HER RETIREMENT FROM WIS NEWS, TO THANK HER FOR HER CONTRIBUTIONS TO THE COMMUNITY, AND TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.
l:\s-res\jec\010susa.mrh.doc

The Senate Resolution was adopted.

S. 1121 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE COMPRISED OF FIVE

Printed Page 599 . . . . . Tuesday, February 7, 2006
MEMBERS OF THE SENATE, APPOINTED BY THE PRESIDENT PRO TEMPORE, AND FIVE MEMBERS OF THE HOUSE OF REPRESENTATIVES, APPOINTED BY THE SPEAKER, TO STUDY THE ISSUE OF REAPPORTIONING THE SIXTEEN JUDICIAL DISTRICTS AND TO RECOMMEND APPROPRIATE CHANGES TO THE GENERAL ASSEMBLY BY FEBRUARY 15, 2007.
l:\s-res\lam\021judi.mrh.doc

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 1122 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 12-36-2130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM USE TAX PERSONAL PROPERTY PURCHASED BY A CHARITABLE, ELEEMOSYNARY, OR NONPROFIT ENTITY TO BE GIVEN TO THE PUBLIC, FREE OF CHARGE, IN RELATION TO THE ENTITY'S PURPOSE, SO AS TO EXEMPT FROM THE USE TAX PERSONAL PROPERTY PURCHASED OR ACQUIRED BY ORGANIZATIONS EXEMPT UNDER SECTION 12-37-220A(3) AND (4) AND B(5), (6), (8), (12), (16), (19), (22), AND (24), WITH THE INTENTION THAT THE PROPERTY BE GIVEN TO THIRD PARTIES IN FURTHERANCE OF CHARITABLE OR PUBLIC PURPOSES.
l:\s-jud\bills\mcconnell\jud0035.gfm.doc

Read the first time and referred to the Committee on Finance.

S. 1123 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 43-26-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT BLIND PERSONS OPERATE VENDING FACILITIES IN GOVERNMENTAL PROPERTY AND EXEMPTIONS TO THIS REQUIREMENT SO AS TO EXEMPT DEPARTMENT OF CORRECTIONS PROPERTY FROM THIS REQUIREMENT.
l:\council\bills\nbd\12089ac06.doc

Read the first time and referred to the General Committee.

S. 1124 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 57-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

Printed Page 600 . . . . . Tuesday, February 7, 2006
TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM OF ROADS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MUST PREPARE AND RELEASE TO THE PUBLIC AN ANNUAL REPORT THAT CONTAINS ALL ROADS THAT HAVE BEEN DELETED AND REMOVED FROM THE STATE HIGHWAY SECONDARY SYSTEM OF ROADS.
l:\council\bills\swb\6705cm06.doc

Read the first time and referred to the Committee on Transportation.

S. 1125 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-12 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS CONTAINED IN TITLE 56 OF THE SOUTH CAROLINA CODE OF LAWS; TO AMEND SECTION 56-1-286, RELATING TO THE SUSPENSION OF OR THE DENIAL OF THE ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO CERTAIN PERSONS WHO HAVE REGISTERED AN ILLEGAL ALCOHOL CONCENTRATION WHILE OPERATING A MOTOR VEHICLE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-3-215, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS BY THE DEPARTMENT OF MOTOR VEHICLES TO OWNERS OF FARM TRUCKS LICENSED IN OTHER STATES WHICH ALLOWS THEM TO BE OPERATED IN THIS STATE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-3-530, RELATING TO FEES THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE FOR THE RELEASE OF CERTAIN INFORMATION, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-3-661, RELATING TO THE CERTIFICATION OF FOR-HIRE MOTOR VEHICLE CARRIERS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; TO AMEND

Printed Page 601 . . . . . Tuesday, February 7, 2006
SECTION 56-3-662, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES IDENTIFIER FEE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-5-2951, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES SUSPENSION OF CERTAIN PRIVILEGES TO DRIVE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT TO ADMINISTER THE PROVISIONS OF THIS SECTION AND PROMULGATE CERTAIN REGULATIONS; TO AMEND SECTION 56-10-660, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION CONTAINED IN THE DEPARTMENT OF MOTOR VEHICLES' DATABASE, SO AS TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "DIVISION", AND TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS; AND TO AMEND SECTION 56-11-220, RELATING TO CERTAIN TEMPORARY PERMITS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES TO CERTAIN MOTOR CARRIERS, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO PROMULGATE CERTAIN REGULATIONS.
l:\council\bills\swb\6684cm06.doc

Read the first time and referred to the Committee on Transportation.

S. 1126 (Word version) -- Senators Jackson and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MORGAN E. LEE, A SOCIAL STUDIES TEACHER AND SOCIAL STUDIES DEPARTMENT CHAIR AT E. L. WRIGHT MIDDLE SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO, UPON BEING NAMED TEACHER OF THE YEAR FOR 2005-2006 AT E. L. WRIGHT.
l:\council\bills\gjk\20780sd06.doc

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1127 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 50-5-2300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE THE AUTHORITY OF THE

Printed Page 602 . . . . . Tuesday, February 7, 2006
DEPARTMENT OF NATURAL RESOURCES TO GRANT PERMITS TO HARVEST AND MARKET DIAMOND-BACKED TERRAPIN AND PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS DIAMOND-BACKED TERRAPIN FOR A COMMERCIAL PURPOSE, AND TO REVISE PENALTIES FOR VIOLATIONS.
l:\council\bills\bbm\9194sd06.doc

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1128 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-35 SO AS TO PROHIBIT A PERSON FROM ENGAGING IN THE BUSINESS OF RESIDENTIAL HEATING AND AIR CONDITIONING CONTRACTING UNLESS LICENSED AS A RESIDENTIAL SPECIALTY CONTRACTOR; TO PROHIBIT PROVIDING A POTENTIAL BUYER A PROPOSAL FOR SALE OR INSTALLATION OF RESIDENTIAL HEATING AND AIR CONDITIONING, OTHER THAN A WRITTEN ESTIMATE, BEFORE THE SPECIFICATIONS FOR THE SYSTEM HAVE BEEN REVIEWED AND APPROVED BY A LICENSED EMPLOYEE OF THE RETAIL SELLER, OR THE RETAIL SELLER; TO FURTHER SPECIFY CONTRACT REQUIREMENTS FOR THE SALE AND INSTALLATION OF A HEATING AND AIR CONDITIONING SYSTEM; AND TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROMULGATE REGULATIONS ESTABLISHING A CIVIL PENALTY FOR VIOLATIONS.
l:\council\bills\nbd\12099ac06.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1129 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO HONOR SOUTH CAROLINA'S MARINAS FOR ALL THE BENEFITS THESE FRIENDLY GATEWAYS PROVIDE, AND RECOGNIZE AUGUST 12, 2006, AS "NATIONAL MARINA DAY" TO INCREASE PUBLIC AWARENESS OF THE MANY GREAT CONTRIBUTIONS MARINAS MAKE TO OUR STATE.
l:\council\bills\ggs\22404sj06.doc

Printed Page 603 . . . . . Tuesday, February 7, 2006

The Senate Resolution was introduced and referred to the General Committee.

H. 3720 (Word version) -- Reps. Talley, Harrison and Clark: A BILL TO AMEND SECTION 7-15-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING BY ARMED SERVICES PERSONNEL DURING A MILITARY EMERGENCY, SO AS TO EXPAND THE APPLICATION OF THE PROVISIONS OF THE SECTION AND DIRECT THE STATE ELECTION COMMISSION TO TAKE ALL STEPS NECESSARY INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS, TO ENSURE THAT ANY OUT-OF-STATE RESIDENT HAS THE OPPORTUNITY TO RECEIVE AND CAST ANY BALLOT HE WOULD HAVE BEEN ELIGIBLE TO CAST IF HE HAD RESIDED AND REMAINED IN SOUTH CAROLINA.

Read the first time and referred to the Committee on Judiciary.

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.

Read the first time and referred to the Committee on Judiciary.

H. 3882 (Word version) -- Reps. Harrell and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.

Read the first time and referred to the Committee on Transportation.

H. 4046 (Word version) -- Reps. Townsend, Clark and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

Printed Page 604 . . . . . Tuesday, February 7, 2006
SECTION 59-67-580 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL IMPLEMENT A SCHOOL BUS REPLACEMENT CYCLE TO REPLACE APPROXIMATELY ONE-TWELFTH OF THE FLEET EACH YEAR, RESULTING IN A COMPLETE REPLACEMENT OF THE FLEET EVERY TWELVE YEARS.

Read the first time and referred to the Committee on Education.

H. 4319 (Word version) -- Reps. Harrell, Clark, Bailey, Hinson, Altman, Vaughn, Battle, Cotty, Whipper, Taylor, Kirsh, Coates, Toole, Ballentine, Vick, Littlejohn, Sandifer, Mahaffey, Hardwick, Walker, R. Brown, Haley, McLeod, Ceips and Weeks: A BILL TO AMEND SECTION 10-1-161, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING, SO AS TO PROVIDE THAT THE GOVERNOR MAY ORDER FLAGS FLOWN AT HALF-STAFF WHEN AN ACT OF CONGRESS OR A PRESIDENTIAL ORDER IS ISSUED ORDERING FLAGS ON FEDERAL BUILDINGS BE FLOWN AT HALF-STAFF.

Read the first time and referred to the Committee on Finance.

H. 4429 (Word version) -- Reps. Townsend, Mitchell, Edge, J. E. Smith, Viers, Harrell, Clark, Clyburn, Littlejohn, Walker, Clemmons, Cooper, Barfield, Govan, Frye, Bailey, Huggins, Leach, Witherspoon, Anderson, Hardwick, Hiott, Rhoad, W. D. Smith, Miller, Altman, Anthony, Bales, Ballentine, Battle, Brady, Branham, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Davenport, Duncan, Hagood, Haley, Hamilton, Harrison, Hayes, Herbkersman, J. Hines, Hosey, Howard, Jefferson, Kennedy, Limehouse, Loftis, Mahaffey, Martin, McCraw, McGee, Merrill, J. H. Neal, Ott, Perry, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Simrill, D. C. Smith, F. N. Smith, G. R. Smith, J. R. Smith, Thompson, Vick, White, Young, McLeod, Jennings, Tripp, Haskins and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-425 SO AS TO REVISE AND FURTHER PROVIDE FOR THE LENGTH OF THE SCHOOL TERM AND THE BEGINNING OF THE SCHOOL TERM, THE USE OF SCHOOL DAYS, AND PROVISIONS FOR MAKE-UP DAYS; AND TO REPEAL SECTION 59-1-420 RELATING TO THE LENGTH OF

Printed Page 605 . . . . . Tuesday, February 7, 2006
THE SCHOOL TERM, SECTION 59-1-430 RELATING TO MAKE-UP DAYS, AND SECTION 59-1-440 RELATING TO THE HOURS AND USE OF A SCHOOL DAY.

Read the first time and referred to the Committee on Education.

H. 4513 (Word version) -- Reps. Cobb-Hunter, Ceips, Hinson, Leach and M. A. Pitts: A BILL TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO THE APPROPRIATE TIME AFTER THE COMMITTEE HAS DETERMINED ITS RECOMMENDATIONS AND A FINAL REPORT OF THE COMMITTEE IS SUBMITTED TO THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Judiciary.

H. 4536 (Word version) -- Rep. Harrell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.

Read the first time and referred to the Committee on Judiciary.

H. 4537 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2942, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4538 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ASSESSMENT PROGRAM,

Printed Page 606 . . . . . Tuesday, February 7, 2006
DESIGNATED AS REGULATION DOCUMENT NUMBER 2971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4539 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 3014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4540 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3015, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4541 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4556 (Word version) -- Reps. Sinclair, Anthony, Mitchell, Davenport, Littlejohn, Mahaffey, Talley and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-323 SO AS TO PROVIDE THAT NO MORE THAN FIFTY PERCENT OF THE WASTE RECEIVED BY A REGIONAL SOLID WASTE LANDFILL IN SPARTANBURG COUNTY, INITIALLY

Printed Page 607 . . . . . Tuesday, February 7, 2006
PERMITTED AFTER JUNE 30, 2006, MAY BE GENERATED OUTSIDE OF SPARTANBURG COUNTY.

Objection

Senator HAWKINS asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator RITCHIE objected.

Read the first time and referred to the Committee on Medical Affairs.

H. 4590 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL FOR WINNING THE SOUTH CAROLINA BAND DIRECTOR'S ASSOCIATION 2005 CLASS AA STATE MARCHING BAND CHAMPIONSHIP.

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

H. 4597 (Word version) -- Reps. Miller, Haley, Agnew, Anderson, Ballentine, Bannister, Brady, Chalk, Funderburk, Hardwick, Hiott, Hodges, Jefferson, Mitchell, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Hamilton, Harrell, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES

Printed Page 608 . . . . . Tuesday, February 7, 2006
HIGHWAY 701 IN GEORGETOWN COUNTY FROM ITS INTERSECTION WITH NORTH STREET TO ITS INTERSECTION WITH BROWNS FERRY ROAD "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AIRMAN FIRST CLASS CARL ANDERSON, JR. MEMORIAL HIGHWAY" IN HONOR OF A BRAVE SON OF SOUTH CAROLINA WHO MADE THE ULTIMATE SACRIFICE WHILE DEFENDING HIS COUNTRY IN IRAQ.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4605 (Word version) -- Reps. Witherspoon, Barfield, Chellis, Edge, Hardwick and Hayes: A CONCURRENT RESOLUTION TO DECLARE AUGUST 12, 2006, AS "NATIONAL MARINA DAY" IN SOUTH CAROLINA IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND TO MAKE OUR CITIZENS MORE AWARE OF THE OVERALL CONTRIBUTIONS OF MARINAS TO THEIR WELL-BEING.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 4606 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS (FORMERLY KNOWN AS THE FUTURE FARMERS OF AMERICA) AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION AND TO JOIN THEM IN OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 19-26, 2006.

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

H. 4612 (Word version) -- Reps. Bailey, Harrell, Young and Chellis: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF THE LATE MRS. DWYNELLE PRITCHARD "MISS NELL" BENNETT OF ST. GEORGE WHO DIED DURING THE

Printed Page 609 . . . . . Tuesday, February 7, 2006
LEGISLATIVE INTERIM AND TO EXPRESS THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report:

Poll of the Invitations Committee
Polled 11; Ayes 11, Nays 0; Not Voting 0

AYES

Alexander                 Patterson                 McGill
Reese                     Knotts                    O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

Total--11

NAYS

Total--0

Wednesday, February 8, 2006 - 8:00-10:00 AM
Members of the Senate and Staff, Breakfast, 221 Blatt Building, by SC Self-Insurers

Wednesday, February 8, 2006 - 12:00 Noon or upon adjournment
Members of the Senate and staff, BBQ Lunch, 221 Blatt Building, by SC Athletic Trainers

Wednesday, February 8, 2006 - 6:00-8:00 PM
Members of the Senate and Staff, Reception, Back Porch Cafe, by SC Mortgage Brokers Association

Printed Page 610 . . . . . Tuesday, February 7, 2006
Thursday, February 9, 2006 - 8:00-10:00 AM
Members of the Senate, their spouses, and their staff, Breakfast, 221 Blatt, by SCGSAH and SGGSSM

Tuesday, February 14, 2006 - 6:00-8:00 PM
Members of the Senate, Reception, Clarion Town House, by ALEC

Wednesday, February 15, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt Building, by SC Title Loan Association

Wednesday, February 15, 2006 - 12:30-2:00 PM
Members of the Senate, Lunch, 221 Blatt, by SC School for the Deaf and Blind

Wednesday, February 15, 2006 - 6:30-8:00 PM
Members of the Senate, Reception, Seawell's, by SC Credit Union League

Wednesday, February 15, 2006 - 8:00-9:00 PM
Members of the Senate, Reception, Seawell's, by Transportation Association of SC

Thursday, February 16, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC School Counselors

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 51 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-4-110 AND 59-4-120 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS, THAT THE PROGRAM SHALL REMAIN IN OPERATION FOR EXISTING PARTICIPANTS, THAT THE STATE SHALL MEET THE OBLIGATIONS TO BENEFICIARIES IF THE TUITION PREPAYMENT PROGRAM FUND CANNOT, AND THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE MONIES TO THE FUND TO PAY

Printed Page 611 . . . . . Tuesday, February 7, 2006
TUITION AND FEES TO THE INSTITUTION IF THERE IS NOT ENOUGH MONEY IN THE FUND.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 966 (Word version) -- Senators Leatherman, O'Dell and Ford: A BILL TO AMEND SECTION 8-11-160 OF THE 1976 CODE, RELATING TO THE AGENCY HEAD SALARY COMMISSION AND SALARY INCREASES FOR AGENCY HEADS, TO PROVIDE THAT SALARY INCREASES FOR TECHNICAL COLLEGE PRESIDENTS ARE SUBJECT TO APPROVAL BY THE AGENCY HEAD SALARY COMMISSION; AND TO AMEND SECTION 8-11-165 OF THE 1976 CODE, RELATING TO THE SALARY AND FRINGE BENEFIT SURVEY FOR AGENCY HEADS, TO PROVIDE THAT A SALARY AND FRINGE BENEFIT SURVEY MUST BE CONDUCTED FOR TECHNICAL COLLEGE PRESIDENTS EVERY THREE YEARS AND TO PROVIDE THAT THE AGENCY HEAD SALARY COMMISSION MAY RECOMMEND TO THE BUDGET AND CONTROL BOARD THAT TECHNICAL COLLEGE PRESIDENT SALARIES MAY BE ADJUSTED AS REQUIRED.

Ordered for consideration tomorrow.

HOUSE CONCURRENCES

S. 1111 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE FACULTY, STAFF, AND STUDENTS OF RICHLAND NORTHEAST HIGH SCHOOL DISTRICT TWO FOR BEING SELECTED TO RECEIVE THE PRESTIGIOUS JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS "CREATIVE TICKET NATIONAL SCHOOL OF DISTINCTION" AWARD FOR THE 2004-2005 SCHOOL YEAR.

Returned with concurrence.

Received as information.

S. 1112 (Word version) -- Senators Cleary, Alexander, Anderson, Bryant, Campsen, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher,

Printed Page 612 . . . . . Tuesday, February 7, 2006
Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, FEBRUARY 4, 2006, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY" TO PROMOTE ORAL HYGIENE AND TO JOIN IN THE EFFORTS THROUGHOUT THE NATION TO ADVOCATE ORAL HEALTH AWARENESS.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 70 (Word version) -- Senators Thomas, Campsen, Bryant, Verdin, Gregory, Fair and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-145 SO AS TO PROHIBIT OUTDOOR ADVERTISING SIGNS FOR AN ADULT OR SEXUALLY-ORIENTED BUSINESS FROM BEING LOCATED WITHIN ONE MILE OF A PUBLIC HIGHWAY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS SECTION; TO AMEND SECTION 57-25-120, AS AMENDED, RELATING TO THE DEFINITIONS OF THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE "ADULT BUSINESS", "SEMI-NUDITY", "SEXUALLY-ORIENTED BUSINESS", AND "SEXUALLY-ORIENTED MATERIALS"; AND TO AMEND SECTION 57-25-130, AS AMENDED, RELATING TO DECLARATIONS OF PURPOSE REGARDING THE HIGHWAY ADVERTISING CONTROL ACT, SO AS TO INCLUDE MITIGATING THE ADVERSE EFFECTS OF SEXUALLY-ORIENTED BUSINESSES AND LIMITING HARM TO MINORS.

Printed Page 613 . . . . . Tuesday, February 7, 2006

S. 766 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 58-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF PERSONS OR PROPERTY FOR COMPENSATION ON ANY IMPROVED PUBLIC HIGHWAY OF THIS STATE, SO AS TO PROHIBIT ANY MOTOR VEHICLE CARRIER FROM ADVERTISING OR HOLDING HIMSELF OUT AS AN OPERATOR FOR THE TRANSPORTATION OF PERSONS OR PROPERTY WITHOUT FIRST HAVING OBTAINED A CERTIFICATE FROM THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-23-80, RELATING TO PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58, SO AS TO PROVIDE THAT ANY PERSON VIOLATING THOSE PROVISIONS MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS; AND TO AMEND SECTION 58-23-590, RELATING TO THE REGULATION OF HOUSEHOLD GOODS AND HAZARDOUS WASTE CARRIERS, SO AS TO PROVIDE THAT A CARRIER OPERATING IN VIOLATION OF THE PROVISIONS CONTAINED IN ARTICLES 1 THROUGH 12 OF CHAPTER 23 IN TITLE 58 MAY BE IMPRISONED FOR A TERM NOT TO EXCEED THIRTY DAYS.

S. 776 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A PROPERTY TAX EXEMPTION FOR A MOTOR VEHICLE LICENSED AND REGISTERED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AS AN ANTIQUE MOTOR VEHICLE.

S. 961 (Word version) -- Senators McConnell, Ford and Knotts: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THAT THE AREA SEEKING TO BE INCORPORATED FILE A PROPOSAL FOR PROVIDING EITHER DIRECTLY OR INDIRECTLY A SUBSTANTIALLY SIMILAR LEVEL OF LAW ENFORCEMENT

Printed Page 614 . . . . . Tuesday, February 7, 2006
SERVICES TO THE AREA'S EXISTING LAW ENFORCEMENT COVERAGE PRIOR TO SEEKING INCORPORATION.

S. 961--Co-Sponsor Added

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 961.

S. 1017 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.

S. 1064 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTION 50-3-180, AS AMENDED, RELATING TO THE MITIGATION TRUST FUND, AS ARTICLE 12 OF CHAPTER 3 OF TITLE 50, TO FURTHER PROVIDE FOR THE AUTHORITY OF THE TRUSTEES OF THE FUND, THE PURPOSES OF THE FUND, AND USES FOR WHICH THE FUND MAY BE EXPENDED; TO REPEAL SECTION 50-1-310, RELATING TO THE MITIGATION TRUST FUND.

S. 1083 (Word version) -- Senators Martin, Ford, Ritchie, Malloy and Cromer: A BILL TO AMEND ACT 166 OF 2005, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES AND THEIR PENALTIES, SO AS TO EXTEND THE TIME PERIOD THAT THE STUDY COMMITTEE ON CRIMINAL DOMESTIC VIOLENCE ISSUES CREATED BY THIS ACT IS SCHEDULED TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM FEBRUARY 15, 2006, TO THE APPROPRIATE TIME AFTER THE COMMITTEE HAS DETERMINED ITS RECOMMENDATIONS AND A FINAL REPORT OF THE COMMITTEE IS SUBMITTED TO THE GENERAL ASSEMBLY.

S. 1097 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF

Printed Page 615 . . . . . Tuesday, February 7, 2006
THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.

Senator RITCHIE explained the Joint Resolution.

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

MOTION ADOPTED

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CONCURRENCE

H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

The House returned the Bill with amendments.

On motion of Senator RITCHIE, the Senate concurred in the House amendments and a message was sent to the House accordingly.

Printed Page 616 . . . . . Tuesday, February 7, 2006
Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

COMMITTEE AMENDMENT ADOPTED
PLACED IN THE STATUS OF INTERRUPTED DEBATE

S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE A DEFINITION OF PUBLIC USE AND REQUIRE THAT AN ENTITY PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT IT IS CONDEMNING PROPERTY FOR A PUBLIC USE AND WILL OWN, OPERATE, AND RETAIN CONTROL OVER THE CONDEMNED PROPERTY; PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE I, RELATING TO TREASON AND SLUM CLEARANCE AND REDEVELOPMENT, SO AS TO DELETE THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS, WHICH PROVIDE MUNICIPALITIES AND HOUSING OR REDEVELOPMENT AUTHORITIES IN SUMTER AND CHEROKEE COUNTIES THE POWER TO CARRY OUT SLUM CLEARANCE AND REDEVELOPMENT; AND PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE XIV, RELATING TO SLUM CLEARANCE AND REDEVELOPMENT, SO AS TO DELETE SECTION 5, WHICH PROVIDES MUNICIPALITIES AND HOUSING OR REDEVELOPMENT AUTHORITIES IN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES THE POWER TO CARRY OUT SLUM CLEARANCE AND REDEVELOPMENT.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Printed Page 617 . . . . . Tuesday, February 7, 2006

Amendment No. P-1

Senators CAMPSEN and FORD proposed the following amendment (JUD1031.009), which was withdrawn:

Amend the committee report, as and if amended, by striking lines 29 through 42 on page [1031-1,] and lines 1 through 22 on page [1031-2], and inserting therein the following:

  /     A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PROPERTY CONDEMNED BY EMINENT DOMAIN MUST BE ACQUIRED FOR A FIXED, DEFINITE, AND ENFORCEABLE PUBLIC USE AND NOT MERELY FOR AN INDEFINITE OR VAGUE PUBLIC PURPOSE OR PUBLIC BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PUBLIC PURPOSE OR PUBLIC BENEFIT OF ECONOMIC DEVELOPMENT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 13, Article I of the Constitution of this State be amended to read:

"Section 13.   Except as otherwise provided in this Constitution, private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made herefore for the property. Property condemned by eminent domain must be acquired for a fixed, definite, and enforceable public use and not merely for an indefinite or vague public purpose or public benefit, including, but not limited to, the public purpose or public benefit of economic development."

SECTION   2.   The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 13, Article I of the Constitution of this State be amended so as to provide that in order for private property to be condemned by eminent domain, the property must be acquired for a fixed, definite, and enforceable public use and not merely for an indefinite or vague public purpose or public benefit, including, but not

Printed Page 618 . . . . . Tuesday, February 7, 2006
limited to, the public purpose or public benefit of economic development?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."   /

Renumber sections to conform.

Amend title to conform.

Motion Adopted

Senator McCONNELL asked unanimous consent to make a motion that Amendment No. P-1 be withdrawn, that the committee amendment be adopted and the Resolution be carried over in the status of Interrupted Debate.

There was no objection.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. P-1 was withdrawn.

On motion of Senator McCONNELL, with unanimous consent, the Committee on Judiciary proposed the following amendment (JUD1031.005), which was adopted:

Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting therein the following:

  /   A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE A DEFINITION OF PUBLIC USE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 13, Article I of the Constitution of this State be amended to read:

"Section 13.   Except as otherwise provided in this Constitution, private Private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefor for the property. Property condemned by

Printed Page 619 . . . . . Tuesday, February 7, 2006
eminent domain must be acquired for a right of public use. A mere public purpose or public benefit, including, but not limited to, the purpose or benefit of economic development, does not constitute the requisite public use for property to be condemned by eminent domain."

SECTION   2.   The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 13, Article I of the Constitution of this State be amended so as to specify that in order for private property to be condemned by eminent domain, the property must be acquired for a right of public use and that a mere public purpose or public benefit, including, but not limited to, the purpose or benefit of economic development, does not constitute the requisite public use for property to be condemned by eminent domain?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."   /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator McCONNELL, with unanimous consent, S. 1031 was placed in the status of Interrupted Debate.

S. 1031--Co-Sponsor Added

On motion of Senator DRUMMOND, with unanimous consent, the name of Senator DRUMMOND was added as a co-sponsor of S. 1031.

EXECUTIVE SESSION

On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor, and the following names were reported to the Senate in open session:

Printed Page 620 . . . . . Tuesday, February 7, 2006

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Committee on Finance, the following appointment was confirmed in open session:

Initial Appointment, Director, Department of Revenue and Taxation, with term coterminous with Governor

Ray N. Stevens, 9 Whitehurst Way, Simpsonville, S.C. 29680 VICE Burnet Maybank

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 2006, and to expire June 30, 2010

4th Congressional District:

Dorothy C. Bailey, 306 Raven Road, Greenville, S.C. 29615 VICE Jane W. Daniel

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2005, and to expire June 30, 2009

4th Congressional District:

R. Russell Boyd, 107 Nightingale Lane, Greenville, S.C. 29607 VICE Stephen Samuel Lomax

Reappointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2006, and to expire June 30, 2012

At-Large - Chairman:

David William Huffstetler, SC Workers' Compensation Commission, P. O. Box 1715, Columbia, S.C. 29202 VICE Harry B. Gregory

Statement by Senators HUTTO, LAND, RANKIN, MALLOY HAYES, THOMAS, HAWKINS, SETZLER and SHEHEEN

Under the provisions of Section 8-13-700, S. C. Code of Laws, we abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

Printed Page 621 . . . . . Tuesday, February 7, 2006

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2006, and to expire June 30, 2010

3rd Congressional District:

Lesley White, 419 Ellington Road, Pendleton, S.C. 29670 VICE Nancy Jo Thompson

MOTION ADOPTED

On motion of Senator SHORT, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable William M. Westbrook of Edgemoor, S.C., who was a member of the Chester County Council.

ADJOURNMENT

At 1:54 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

* * *

This web page was last updated on Wednesday, June 24, 2009 at 1:11 P.M.