Indicates Matter Stricken
Indicates New Matter

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

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

Hear God's Word for us today as we find it in Isaiah 32:

"See, a king will reign in righteousness, and princes will rule with justice. Each will be like a hiding place from the wind, a covert from the tempest, like streams of water in a dry place, like the shade of a great rock in a weary land."     (Isaiah 32:1-2)

Let us pray:

In poetic language the prophet Isaiah reminds us of the preciousness of strong and fair leadership, dear God. How desperately did the people of long ago cry out for that sort of guidance-and how to be valued is that same strong and fair leadership today. Lord, be with these Senators and their staff members and assistants as they all seek to do what will best benefit each city, every village, and every rural place here in South Carolina. May the leadership that is bestowed be like hopeful "streams of water in a dry place," and like the refreshing "shade of a great rock in a weary land." And as always, to You be the glory, Lord.
Amen.

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

Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointment was confirmed in open session:

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2006, and to expire July 1, 2010

1st Congressional District:

Caroline C. Rhodes, The Charleston Angler, 823 St. Andrews Blvd., Charleston, S.C. 29407 VICE T. Smith Ragsdale III

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

Initial Appointment, Director, Department of Social Services, with term coterminous with Governor

Kathleen M. Hayes, 2805 Ulmer Road, Columbia, S.C. 29209 VICE Kim Aydlette

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

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008

At-Large:

Derrick L. Williams, 3800 Trenholm Rd., Columbia, SC 29206 VICE J. Michelle Childs

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

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

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

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

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

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

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

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

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

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

Initial Appointment, South Carolina State Board of Podiatry Examiners, with term to commence December 31, 2006, and to expire December 31, 2010

Upper District:

Brandon S. Percival, D.P.M., P. O. Box 325, Lancaster, S.C. 29721 VICE Bruce Wellmon

Initial Appointment, Medical Disciplinary Commission of the State Board of Medical Examiners, with term to commence July 1, 2005, and to expire July 1, 2008

Public/Layman:

Rev. Father Francis C. Zanger, 665 Fair Spring Drive, Charleston, S.C. 29414

Reappointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2006, and to expire June 30, 2010

Area 6:

Lynn E. Knipher, P. O. Box 742, Camden, S.C. 29050

Initial Appointment, State Board of Pharmacy, with term to commence July 1, 2006, and to expire June 30, 2011

6th Congressional District:

Joseph D. Bushardt, 228 Truluck Street, Lake City, S.C. 29560 VICE Terry T. Lewis

At 11:05 A.M., Senator O'DELL requested a leave of absence until Tuesday, March 20, 2007.

On motion of Senator LOURIE, at 11:05 A.M., Senator SHEHEEN was granted a leave of absence for today.

S. 534 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 620 OF 1992 AND ACT 741 OF 1990, BOTH AS AMENDED, RELATING TO THE REAPPORTIONMENT OF THE ELECTION DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY ARE ELECTED, SO AS TO FURTHER REAPPORTION THESE DISTRICTS AND TO DESIGNATE A MAP NUMBER FOR THE TWO MAPS ON WHICH THESE NEW LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DESIGNATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

On motion of Senator LAND, with unanimous consent, the name of Senator LAND was removed as a co-sponsor of S. 534.

S. 117 (Word version) -- Senators Gregory, Campsen and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 2007" BY ADDING CHAPTER 42, TITLE 15 SO AS TO PROVIDE PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER

On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 117.

The following were introduced:

S. 580 (Word version) -- Senator Cromer: A SENATE RESOLUTION CONGRATULATING THE NEWBERRY COLLEGE LADY INDIANS BASKETBALL TEAM ON THEIR SECOND CONSECUTIVE SOUTH ATLANTIC CONFERENCE CHAMPIONSHIP TITLE, COMMENDING THEM ON THEIR DEDICATION AND TEAMWORK, AND WISHING THEM MUCH SUCCESS IN FUTURE SEASONS.
l:\s-res\rwc\004newb.mrh.doc

The Senate Resolution was adopted.

S. 581 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ON STATE HIGHWAY 45 THAT CROSSES

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

S. 582 (Word version) -- Senator Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA WORKERS' COMPENSATION GUARANTY ASSOCIATION FOR CAPTIVE INSURERS ACT"; BY ADDING SECTION 38-90-640 SO AS TO REQUIRE A CAPTIVE INSURER THAT WRITES WORKERS' COMPENSATION INSURANCE TO SEEK APPROVAL OF THE DEPARTMENT OF INSURANCE BEFORE WRITING WORKERS' COMPENSATION INSURANCE AND TO REQUIRE OTHER CONDITIONS; BY ADDING SECTION 42-5-23 SO AS TO AUTHORIZE A QUALIFIED SELF-INSURED FUND TO CONVERT TO A WORKERS' COMPENSATION CAPTIVE INSURANCE COMPANY UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING AND REQUIRED INFORMATION OF A CAPTIVE INSURANCE COMPANY, SO AS TO ALLOW A CAPTIVE INSURANCE COMPANY TO WRITE WORKERS' COMPENSATION INSURANCE.
l:\council\bills\dka\3215dw07.doc

Read the first time and referred to the Committee on Banking and Insurance.

S. 583 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP, AND TO PROVIDE

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

S. 584 (Word version) -- Senators Campsen, Bryant, Hayes, Williams, Cromer, Elliott, Thomas, Mescher, Verdin and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT MUST BE SEALED, TO PROVIDE ACCESS TO A FINANCIAL DECLARATION UPON REQUEST ONLY BY THE PARTIES, THE COURT AND PERSONNEL OF THE COURT, AND THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES, AND TO PROHIBIT OTHER ACCESS EXCEPT UPON ORDER OF THE COURT FOR GOOD CAUSE SHOWN; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT EXCEPT ON ORDER OF THE COURT FOR GOOD CAUSE SHOWN.
l:\council\bills\nbd\11388ac07.doc

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

S. 585 (Word version) -- Senator Ryberg: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE, DIVISION OF PUBLIC RAILWAYS, TO IMPLEMENT AND OVERSEE A STATEWIDE RAIL PLAN, ON OR BEFORE MARCH 31, 2008, IN ACCORDANCE WITH EXISTING FEDERAL STATUTES, RULES, AND GUIDELINES.
l:\s-res\wgr\012rail.kmm.doc

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

S. 586 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA SENATE FOR THE OUTSTANDING CITIZENSHIP OF MR. PROCTOR BRIGHT OF RIDGELAND AND TO WISH HIM MUCH JOY AND FULFILLMENT IN YEARS TO COME.
l:\council\bills\rm\1122ac07.doc

The Senate Resolution was adopted.

H. 3716 (Word version) -- Reps. Gambrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE VITAL ROLE SOUTH CAROLINA'S COMMUNITY BANKS PLAY IN EACH LOCAL NEIGHBORHOOD AND PROCLAIM THE MONTH OF APRIL "COMMUNITY BANKING MONTH" IN SOUTH CAROLINA.

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

H. 3720 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard,

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

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 20 (Word version) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen, Reese, Knotts, Leventis, Land, McGill, Rankin, Campsen, Grooms, Hawkins, Short and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.

Ordered for consideration tomorrow.

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

S. 422 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE OWNER-OCCUPANT OF RESIDENTIAL PROPERTY QUALIFIES

Ordered for consideration tomorrow.

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

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

S. 572 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL SAFETY AND HEALTH, RELATING TO REPORTING FATALITIES AND MULTIPLE HOSPITALIZATION INCIDENTS TO OSHA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 579 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE ELECTED POSITION OF SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY IS ABOLISHED AS OF JULY 1, 2009, AND ALL POWERS AND DUTIES OF THE SUPERINTENDENT ARE DEVOLVED UPON THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY AND TO PROVIDE THAT IF A VACANCY OCCURS IN THAT OFFICE BEFORE JULY 1, 2009, THE OFFICE IS ABOLISHED AS OF THE DATE OF THE VACANCY; AND TO REPEAL SECTIONS 1, 4, AND 8 OF

On motion of Senator ALEXANDER

S. 91 (Word version) -- Senators Campsen, Ritchie and Knotts: A BILL TO ENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT REFORM ACT BY AMENDING SECTION 12-6-3415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND CORPORATE LICENSE TAX CREDIT ALLOWED TAXPAYERS CLAIMING A FEDERAL INCOME TAX CREDIT FOR RESEARCH ACTIVITY, SO AS TO ALLOW THE CREDIT AGAINST ANY INCOME TAX IMPOSED PURSUANT TO THE SOUTH CAROLINA INCOME TAX ACT.

Senator O'DELL explained the Bill.

S. 578 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO REQUIREMENTS FOR PROTESTING BEER AND WINE PERMITS OR ALCOHOLIC LIQUOR LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator RITCHIE explained the Joint Resolution.

S. 334 (Word version) -- Senators Leventis, Hayes, Knotts, Drummond, Anderson and Ford: A BILL TO AMEND SECTION 41-35-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT LEAVING AN EMPLOYER BECAUSE OF THE TRANSFER OF A SPOUSE FROM ONE MILITARY ASSIGNMENT TO ANOTHER DOES NOT DISQUALIFY A PERSON FROM THESE BENEFITS.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

The Committee on Labor, Commerce and Industry proposed the following amendment (L:\S-LCIAMEND\FULL COMM.ESC LEVENTIS AMENDMENT), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION 1.     Article 1, Chapter 35 of Title 41 is amended by adding:

"Section 41-35-126.   Notwithstanding the provisions of Section 41-35-120, an individual is eligible for waiting week credit and for unemployment compensation if the commission finds that the individual has left work voluntarily to relocate because of the transfer of a spouse who has been reassigned from one military assignment to another, provided that the separation from employment occurs within fifteen days of the scheduled relocation date."

SECTION 2.   Section 41-35-130 of the 1976 Code is amended by adding:

"(j)   Benefits paid to an individual pursuant to Section 41-35-126 must not be charged to the account of a contributing employer."

SECTION 3.   This act takes effect upon approval by the Governor. /

Amend the bill further, by striking the title and inserting:

/   TO ADD SECTION 41-35-126, AND TO AMEND SECTION 41-35-130, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF BENEFITS TO AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT LEAVING AN EMPLOYER BECAUSE OF THE TRANSFER OF A SPOUSE FROM ONE MILITARY ASSIGNMENT TO ANOTHER DOES NOT DISQUALIFY A PERSON FROM THESE BENEFITS.       /

Renumber sections to conform.

Senator O'DELL 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.

S. 533 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION RECOGNIZING THE URGENCY TO TAKE MEANINGFUL STEPS, BEGINNING WITH COVERING ALL OF AMERICA'S

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

H. 3308 (Word version) -- Reps. Miller, Viers, Anderson, Hardwick, Leach, Limehouse, Duncan, Ceips, Hodges, Lowe, Scarborough, Witherspoon, Young, Hagood and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND CONGRESS OF THE UNITED STATES, THE GOVERNOR, AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND ENTITIES UNDERWRITING HOMEOWNERS INSURANCE POLICIES IN SOUTH CAROLINA TO ACT WITH ALL DUE EXPEDIENCY TO ADDRESS THE HOMEOWNERS INSURANCE CRISIS FACING OWNERS OF PROPERTY SITUATED IN COUNTIES BORDERING THE SOUTH CAROLINA COAST.

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

H. 3396 (Word version) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins, Dantzler and Viers: A BILL TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES, SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR THE PROVISION OF CABLE SERVICES, SO AS TO ALSO MAKE THE PROVISIONS OF THIS ARTICLE APPLICABLE TO VIDEO SERVICES PROVIDED THROUGH WIRELINE FACILITIES; AND TO AMEND SECTION 58-9-2200, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO TELECOMMUNICATIONS SERVICES, SO AS TO REVISE THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICES".

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senators CAMPSEN, MALLOY, SHEHEEN, BRYANT, GROOMS, VERDIN and FAIR proposed the following amendment (JUD3396.003):

Amend the bill, as and if amended, page 17, by striking line 10 and inserting:

/   58-12-80, 58-12-90, 58-12-100, 58-12-120, and 58-12-130(B).

Section 58-12-410.   (A)   Except as provided in subsection (B), a cable or video service provider must completely block all video and audio on any channel that has not been purchased by a subscriber.

(B)   A cable or video service provider that intends to deliver channels to its subscribers on a promotional basis shall provide its subscribers advanced notice of its intent to do so and shall inform them that, upon a subscriber's request, all video and audio on such channels can be completely blocked. Unless a subscriber makes such a request in the manner prescribed by the provider, a cable or video service provider may, on a promotional basis, deliver to a subscriber one or more channels the subscriber has not purchased."     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

On motion of Senator MOORE, 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.

At 11:34 A.M., Senator MARTIN assumed the Chair.

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO PROVIDE FOR THE RESTRUCTURING OF THE DEPARTMENT OF TRANSPORTATION. (ABBREVIATED TITLE)

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

Senators CLEARY and KNOTTS proposed the following Amendment No. P-2 (355R013.REC), which was adopted:

Amend the committee amendment, as and if amended, page [355-8], by striking lines 18 - 19 and inserting:

/   (7)   No member of the General Assembly or member of his immediate family shall be elected or appointed to the board while the member is serving in the General Assembly; nor shall a member of the General Assembly or a member of his immediate family be elected or appointed to the board for a period of four years after the member either:

(a) ceases to be a member of the General Assembly; or

(b) fails to file for election to the General Assembly in accordance with Section 7-11-15.     /

Renumber sections to conform.

Amend title to conform.

Senator CLEARY explained the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond *                Elliott
Fair                      Gregory                   Grooms

Hawkins                   Hayes                     Hutto
Jackson *                 Knotts                    Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell *
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Ritchie
Ryberg                    Scott                     Setzler
Sheheen *                 Thomas                    Vaughn
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.

Senators CLEARY and KNOTTS proposed the following Amendment No. P-3 (355R014.REC), which was adopted:

Amend the committee amendment, as and if amended, page [355-8], by striking lines 6 - 12 and inserting:

/     (4)   No more than one at-large member from a single Department of Transportation Board District may serve on the board at any one time. An at-large board member must not be a resident of the same county as that of an elected board member. A person may be appointed to serve at-large even if he previously served as a district board member and is otherwise qualified. Past service on the board as a district board member does not disqualify a person from serving as an at-large board member.         /

Renumber sections to conform.

Amend title to conform.

Senator CLEARY explained the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Knotts                    Leatherman                Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Mescher
Moore                     Patterson                 Peeler
Pinckney                  Rankin                    Reese
Ritchie                   Ryberg                    Scott
Setzler                   Short                     Thomas
Vaughn                    Verdin                    Williams

The amendment was adopted.

At 12:00 P.M., the PRESIDENT assumed the Chair.

Senators CAMPSEN and KNOTTS proposed the following Amendment No. P-4 (355R015.GEC), which was carried over:

Amend the committee amendment, as and if amended, page [355-10] by striking lines 4 - 26 and inserting:

/   Section 57-1-320.   (A) The congressional districts of this state are constituted and created as Department of Transportation Board Districts, designated by numbers corresponding to the numbers of the respective congressional districts.

(B) No county within a district shall have a resident board member for two successive terms, provided that:

(1)   a county may have a subsequent resident board member no sooner than:

(a)   the fourth term following the expiration of the current resident member's term, for districts comprised of more than four counties;

(b)   the third term following the expiration of the current resident member's term, for districts comprised of four counties; or

(c)   the second term following the expiration of the current resident member's term, for districts comprised of three counties;

(2)   in the case of districts comprised of two counties, the resident board member must rotate terms between the two counties; and

(3)   in the case of districts comprised of only one county, the resident board member must always come from that county.

(C) Two persons from the same county may not simultaneously serve as district board members.

(D) No person is eligible to serve as a district board member who is not a resident of that district at the time of his election. A district board member who fails to maintain residency in the district for which he is elected shall forfeit his office.     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

Senator VERDIN argued contra to the adoption of the amendment.

Senator GROOMS argued contra to the adoption of the amendment.

Senator VERDIN spoke on the amendment.

Senator VERDIN moved to carry over the amendment.

The amendment was carried over.

Senator RYBERG spoke on the Bill.

At 12:58 P.M., Senator MARTIN assumed the Chair.

Senator RYBERG resumed speaking on the Bill.

On motion of Senator McCONNELL, debate was interrupted by adjournment.

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Charles E. Bell of North Augusta, S.C.

At 1:09 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

This web page was last updated on Monday, June 22, 2009 at 2:01 P.M.