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:

The prophet Ezekiel reported:

"...I saw a great many bones on the floor of the valley, bones that were very dry. He asked me, '...can these bones live'?"
(Ezekiel 37:2b, 3)

Let us unite our hearts in prayer:

Indeed, dear Lord, "dry bones"-those unfinished tasks, the many still-to-be-resolved questions-they all surround us here in this Senate. We ask today that you empower every person in this Chamber to bring his or her wisdom and insight to bear on each of the issues before us. In like manner, equally bless all of the other leaders of this State, our officials in Washington, all of our women and men in uniform who struggle against darkness in places far around the globe, each family and individual who resides here in South Carolina. May we all find strength through our faith in You. And let these "bones live"-to Your glory, O Lord.
Amen.

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

On motion of Senator GROOMS, at 11:05 P.M., Senator VERDIN was granted a leave of absence for today.

H. 3518 (Word version) -- Reps. Neilson, Lucas and Vick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 102 IN CHESTERFIELD COUNTY FROM ITS INTERSECTION WITH THE CHESTERFIELD COUNTY/DARLINGTON COUNTY LINE TO ITS INTERSECTION WITH CHESTERFIELD COUNTY ROAD S1380 "JAMES THOMAS

Senator SHEHEEN asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Senator SHEHEEN asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The question was the adoption of the Resolution.

On motion of Senator SHEHEEN, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3552 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 57 IN DILLON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 9 IN THE TOWN OF LITTLE ROCK TO ITS INTERSECTION WITH SECONDARY HIGHWAY S-17-192 "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "REPRESENTATIVE JEWELL P. MCLAURIN, JR. HIGHWAY".

Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Senator ELLIOTT asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The question was the adoption of the Resolution.

On motion of Senator ELLIOTT, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

The following were introduced:

S. 608 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59 TO ENACT THE "AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Education.

S. 609 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD AND PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.
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Read the first time and referred to the Committee on Judiciary.

S. 610 (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. 611 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN DISABLED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE, AND TO PROVIDE THAT A PERSON WHO IS A PARAPLEGIC OR A QUADRIPLEGIC SHALL NOT PAY A FEE FOR THIS LICENSE PLATE; TO AMEND SECTION 56-3-1950, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO SUBSTITUTE THE TERM "DISABLED PERSON" FOR THE TERM "HANDICAPPED" AND PROVIDE A DEFINITION FOR THE TERM, AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO SUBSTITUTE THE TERM "DISABLED PERSON" FOR THE TERM "HANDICAPPED", TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF DISABLED PERSONS' PARKING PLACARDS; AND TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO SUBSTITUTE THE TERM "DISABLED" FOR THE TERM "HANDICAPPED", TO REVISE THE PROCEDURES THAT ALLOW A DISABLED PERSON TO PARK IN METERED OR TIMED PARKING SPACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES, AND TO PROVIDE THAT A STRIP MALL OR PLAZA MUST HAVE AT LEAST ONE PARKING SPACE PER BUSINESS DESIGNATED AS A DISABLED PERSON PARKING SPACE WITH A DISABLED PERSON PARKING SIGN

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

H. 3161 (Word version) -- Reps. Walker, Mahaffey, Herbkersman, Cotty, Hagood, Scarborough and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE FOR THE MAXIMUM SCHOOL BUS RIDE TIME OF EACH STUDENT AND ROUTING EFFICIENCY FOR EACH SCHOOL BUS; BY ADDING SECTION 59-67-108 SO AS TO PROVIDE FOR REQUIRED SCHOOL BUS DRIVER CERTIFICATION TRAINING; BY ADDING SECTION 59-67-415 SO AS TO PROVIDE THAT PARENTS ARE RESPONSIBLE FOR THE SAFETY, CONDUCT, AND TIMELY ARRIVAL OF THEIR CHILDREN TO, FROM, AND AT THE SCHOOL BUS STOP; TO AMEND SECTION 59-67-100, RELATING TO SCHOOL BUS SEATING SPACE AND STUDENTS ASSIGNED TO A SCHOOL BUS, SO AS TO PROVIDE THAT THE NUMBER OF STUDENTS ASSIGNED TO A SCHOOL BUS MUST NOT BE GREATER THAN THE MANUFACTURER CERTIFIED SEATING CAPACITY AND PROVIDE THAT ALL PASSENGERS TRANSPORTED MUST HAVE ADEQUATE SEATING AREA TO COMPLY WITH CERTAIN STANDARDS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF BUSES, SO AS TO PROVIDE THAT SCHOOL BUSES MUST BE INSPECTED AT LEAST ONCE ANNUALLY; AND TO AMEND SECTION 59-67-420, RELATING TO TRANSPORTATION TO BE PROVIDED TO STUDENTS, SO AS TO PROVIDE THAT THE STATE SHALL BEAR THE COST OF TRANSPORTING STUDENTS WHEN THE TRANSPORTATION IS AUTHORIZED BY STATE LAW OR REGULATION, PROVIDE THAT THE STATE MAY ASSUME THE RESPONSIBILITY OF TRANSPORTING STUDENTS WHO LIVE WITHIN A CERTAIN DISTANCE OF THE SCHOOL WHEN HAZARDOUS TRAFFIC CONDITIONS ARE INVOLVED, PROVIDE THAT THE SCHOOL DISTRICT SHALL ESTABLISH HAZARDOUS TRAFFIC CRITERIA, PROVIDE FOR HAZARDOUS TRAFFIC FUNDS, PROVIDE THAT THE STATE SHALL PROVIDE TRANSPORTATION TO AND FROM THE RESIDENCE OF EACH UNESCORTED STUDENT PURSUANT TO

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

H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M. A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G. M. Smith, Toole, G. R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

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

H. 3379 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Clyburn and Stewart: 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, SO AS 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 PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A

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

H. 3407 (Word version) -- Reps. Ott, Clyburn, Cobb-Hunter, Hart, Hosey, Howard, Jefferson, Knight, McLeod, J. H. Neal, J. E. Smith and Williams: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 11, 2007, AS "SUNSHINE SUNDAY" AND MARCH 11-17, 2007, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES COMMEMORATING OUR OPEN, DEMOCRATIC GOVERNMENT.

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

H. 3724 (Word version) -- Rep. Coleman: A BILL TO DEVOLVE ALL OF THE POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY AND THE FAIRFIELD COUNTY RECREATION DISTRICT UPON THE GOVERNING BODY OF FAIRFIELD COUNTY, AND TO PROVIDE A PROCEDURE FOR THE DEVOLUTION OF POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES; AND TO REPEAL ACT 1079 OF 1958 RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, AND ACT 1059 OF 1970 RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3748 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO EXTEND FOR THE YEAR 2007 THE SEASON FOR COMMERCIAL FISHING FOR SHAD FOR THE SANTEE RIVER BELOW WILSON DAM INCLUDING THE REDIVERSION CANAL BELOW ST. STEPHEN DAM, NORTH SANTEE RIVER AND BAY, SOUTH

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

H. 3749 (Word version) -- Reps. W. D. Smith, Mitchell, Kelly, Littlejohn, Mahaffey, Moss, Phillips, Talley and Walker: A BILL TO AMEND SECTION 12-10-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW A TAXPAYER WHO QUALIFIES FOR THE JOB DEVELOPMENT CREDIT AND WHO IS LOCATED IN A MULTI-COUNTY BUSINESS OR INDUSTRIAL PARK TO RECEIVE A CREDIT EQUAL TO THE AMOUNT DESIGNATED TO THE COUNTY WITH THE LOWEST DEVELOPMENT STATUS OF THE COUNTIES CONTAINING THE PARK IN CERTAIN CIRCUMSTANCES.

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

H. 3757 (Word version) -- Reps. Cato, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, 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, 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 CONGRATULATE THE AMERICAN INSTITUTE OF ARCHITECTS ON ITS 150TH ANNIVERSARY AND TO PROCLAIM APRIL 9-14, 2007, AS SOUTH CAROLINA ARCHITECTURE WEEK.

The Concurrent Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.

H. 3768 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO COMMEND EDITH L. CUNNINGHAM, OF RICHLAND COUNTY, FOR HER OUTSTANDING SERVICE AT BELLSOUTH UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

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

Senator RYBERG from the Committee on Transportation submitted a majority favorable with amendment and Senator PINCKNEY a minority unfavorable report on:

H. 3505 (Word version) -- Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E.H. Pitts, M.A. Pitts, Shoopman, Simrill, Skelton, G.M. Smith, G.R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young, Hodges, Viers and Rice: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN

Ordered for consideration tomorrow.

S. 532 (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 14, 2007, AND FRIDAY, JUNE 15, 2007.

Returned with concurrence.

Received as information.

S. 594 (Word version) -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION DESIGNATING THE THIRD WEEK IN APRIL 2007, AS "SHAKEN BABY SYNDROME AWARENESS WEEK", RAISING AWARENESS REGARDING SHAKEN BABY SYNDROME, AND COMMENDING THE HOSPITALS, CHILD CARE COUNCILS, SCHOOLS, AND OTHER ORGANIZATIONS THAT EDUCATE PARENTS AND CAREGIVERS ON HOW TO PROTECT CHILDREN FROM ABUSE.

Returned with concurrence.

Received as information.

S. 606 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION HONORING THE RECIPIENTS OF THE MEDAL OF HONOR AND ENCOURAGING THE CONGRESSIONAL MEDAL OF HONOR SOCIETY TO HOLD ITS ANNUAL CONVENTION IN CHARLESTON IN 2009.

Returned with concurrence.

Received as information.

S. 607 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE STATE AND TO DECLARE MARCH 27, 2007, "YORK COUNTY DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 449 (Word version) -- Senators Martin, Verdin, Sheheen, Leventis and Bryant: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.

Senator MARTIN spoke on the Bill.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 449.

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".

Senator MALLOY asked unanimous consent to take the Bill up for immediate consideration.

Senator RYBERG objected.

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.

On motion of Senator RYBERG, the Resolution was carried over.

S. 324 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION, SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS), BUT NOT YET CERTIFIED BY THE STATE, SHALL RECEIVE AN INCREASE IN PAY EQUAL TO TWO-THIRDS OF THE AMOUNT PROVIDED FOR STATE-CERTIFIED TEACHERS WHO ALSO ARE NBPTS CERTIFIED.

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

The Committee on Education proposed the following amendment (GJK\20217SD07), which was adopted:

Amend the bill as and if amended, by striking SECTION 1 and inserting:

/SECTION   1.   Section 59-26-85 of the 1976 Code is amended by adding subsection (C) at the end to read:

"(C)   Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) who are currently employed as a public classroom teacher in this State, but are not yet certified by the State, shall receive an increase in pay equal to two-thirds of the amount provided for state-certified teachers who also are NBPTS certified.   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

Senator HAYES proposed the following amendment (GJK\20241SD07), which was adopted:

Amend the bill, as and if amended, by striking subsection (C) of Section 59-26-85 of the 1976 Code, as contained in SECTION 1, and inserting:

/   (C)   Teachers who are certified by the National Board for Professional Teaching Standards (NBPTS), but not yet certified by the State, shall receive an increase in pay equal to that amount provided for state-certified teachers who also are NBPTS certified.   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

On motion of Senator SETZLER, with unanimous consent, the Bill was carried over, as amended.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 324.

S. 415 (Word version) -- Senators Cleary, Ryberg, Ritchie, Knotts, Leventis, O'Dell, Malloy, Mescher, Cromer, Lourie, Patterson, Matthews, Vaughn, Pinckney and Thomas: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO REQUIRE THE DEPARTMENT OF DEFENSE TO REINSTATE THE TERMINOLOGY OF "PRISONER OF WAR" OR "POW" INTO THE CASUALTY STATUS AND CATEGORY CLASSIFICATION OF MILITARY PERSONNEL.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

Senator CLEARY proposed the following amendment (415R002.REC), which was adopted:

Amend the committee amendment, as and if amended, by striking the amendment in its entirety and inserting:

/     Amend the concurrent resolution, as and if amended, by striking the resolution in its entirety and inserting:

TO URGE THE UNITED STATES CONGRESS TO REQUIRE THE DEPARTMENT OF DEFENSE TO DEVELOP AN EFFICIENT AND EXPEDITIOUS SYSTEM THAT PROVIDES SOLDIERS WHO ARE CAPTURED BY ANY OPPOSING FORCE WITH AN APPROPRIATE AND UNIFORM DESIGNATION, ENSURES THAT ALL NECESSARY ACTIONS ARE TAKEN TO ADVOCATE THEIR FAIR AND HUMANE TREATMENT WHILE CAPTURED, AND PROVIDES CARE AND COMPASSION TO THE SOLDIERS' FAMILIES AND ENSURES CONTINUITY OF ENTITLED BENEFITS.

Whereas, our fighting men and women of the armed services are one of our country's most valuable assets, and when placed in harm's way, they face a multitude of dangers, including, but not limited to, being captured by an enemy force; and

Whereas, in the Global War on Terrorism, the enemies that our soldiers face are less likely to be comprised of soldiers of sovereign governments that are signatories to the Geneva Convention that are required to bestow Prisoner of War status and provide the treatment obligated by that status; and

Whereas, in response to a soldier being captured, the Department of Defense should do everything in its power to ensure that the soldier receives fair and humane treatment from any enemy force, and ensure that every action is taken in an efficient and expeditious manner to provide care and comfort to the soldier's family; and

Whereas, captured soldiers' families are often confused by the bureaucratic process by which soldiers are designated as Missing/Captured, and what if any difference this designation has with a designation of Prisoner of War by a foreign government; and

Whereas, Congress should require the Department of Defense to develop an efficient and expeditious system that avoids the use of confusing and conflicting terms, eliminates unnecessary bureaucratic

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly urge the United States Congress to require the Department of Defense to develop an efficient and expeditious system that provides soldiers who are captured by any opposing force with an appropriate and uniform designation, ensures that all necessary actions are taken to advocate their fair and humane treatment while captured, and provides care and compassion to the soldiers' families and ensures continuity of entitled benefits.     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

The General Committee proposed the following amendment (415R001.TCA), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking line 7 and inserting:

/   "Prisoner of War" or "POW-MIA" into the casualty status and category   /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted, as amended, and ordered sent to the House with amendments.

S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND CHAPTER 55, TITLE 38 OF THE 1976 CODE, RELATING TO THE CONDUCT OF THE INSURANCE BUSINESS, TO CLARIFY THE DEFINITION OF "FALSE STATEMENT AND MISREPRESENTATION", TO INCREASE ITS PENALTIES; AND TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT FOR THE INSURANCE FRAUD

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

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 499 (Word version) -- Senators Rankin, Elliott, Thomas, McConnell, Cleary, Grooms, Verdin, Campsen and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 90, TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA COASTAL CAPTIVE INSURANCE ACT OF 2007", TO PROVIDE FOR THE MANNER IN WHICH A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY BE FORMED, LICENSED, AND REGULATED, TO DEFINE AND TO LIMIT THE TYPES OF RISK A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY UNDERWRITE, TO ESTABLISH MINIMUM CAPITALIZATION REQUIREMENTS FOR SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANIES, AND TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO SET ADDITIONAL

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 499.

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.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 22, 2007, at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:

(R4, S. 132 (Word version)) -- Senator Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-SIX INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
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(R5, S. 146 (Word version)) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Elliott, Fair, Alexander, Lourie and Setzler: AN ACT TO AMEND SECTION 23-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT ANY MUNICIPAL OR COUNTY LAW ENFORCEMENT OFFICER MAY BE TRANSFERRED OR ASSIGNED ON A TEMPORARY BASIS TO WORK WITHIN MULTI-JURISDICTIONAL TASK FORCES ESTABLISHED FOR THE MUTUAL AID AND BENEFIT OF THE PARTICIPATING JURISDICTIONS; AND TO AMEND SECTION 23-1-215,

(R6, S. 208 (Word version)) -- Senator Richardson: AN ACT TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.
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(R7, S. 294 (Word version)) -- Senator Fair: AN ACT TO AMEND SECTION 20-7-8303, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFENSES COMMITTED BY JUVENILES FOR WHICH RELEASE FROM THE DEPARTMENT OF JUVENILE JUSTICE IS DETERMINED BY THE BOARD OF JUVENILE PAROLE OR THE DEPARTMENT, SO AS TO CLARIFY THAT RELEASE FOR THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE MUST BE DETERMINED BY THE BOARD; AND TO AMEND SECTION 20-7-8305, AS AMENDED, RELATING TO REVIEW AND RELEASE PROCEDURES FOR THE BOARD AND DEPARTMENT, SO AS TO PROVIDE THAT THE STATUTORY PROCEDURES APPLY TO THE BOARD AND THAT THE

(R8, S. 330 (Word version)) -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R9, S. 408 (Word version)) -- Senators Short and Leatherman: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT BE LOWERED IN CREDIT AMOUNT MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE; TO MAKE A TRANSITIONAL PROVISION FOR THE 2006 TAX YEAR; AND TO AMEND 12-6-40, AS AMENDED, RELATING TO THE APPLICABILITY OF THE INTERNAL REVENUE CODE TO THE SOUTH CAROLINA TAX CODE, SO AS TO PROVIDE FOR THE APPLICABILITY OF THE 2006 INTERNAL REVENUE CODE.
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(R10, H. 3063 (Word version)) -- Reps. Delleney, Harrison, Simrill, Taylor, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Mahaffey, Haskins, Young, G.R. Smith, Shoopman, Witherspoon, Umphlett, Bedingfield, Cotty, Bingham, Mulvaney and Ballentine: AN ACT TO RATIFY AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15 SO AS TO PROVIDE THAT MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS THE

(R11, H. 3209 (Word version)) -- Rep. Cobb-Hunter: AN ACT TO AMEND ACT 456 OF 2006, RELATING TO THE CREATION, MEMBERS, AND DUTIES OF THE CHRONIC KIDNEY DISEASE TASK FORCE, SO AS TO PROVIDE THAT THE TASK FORCE SHALL SUBMIT ITS REPORT BEFORE APRIL 1, 2007.
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(R12, H. 3226 (Word version)) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: AN ACT TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, OR OCCUPATION, AND TO DELETE THE REQUIREMENT PROHIBITING AN INDIVIDUAL OR BUSINESS WITH WHOM A PUBLIC OFFICIAL IS ASSOCIATED FROM REPRESENTING A PERSON BEFORE A LOCAL GOVERNMENT ENTITY FOR WHICH THE PUBLIC OFFICIAL IS A MEMBER.
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(R13, H. 3335 (Word version)) -- Rep. Edge: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2006-2007 ALL INTEREST ACCRUING ON FUNDS COLLECTED AND HELD BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO SECTION 44-56-160 MUST BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY

(R14, H. 3357 (Word version)) -- Rep. Jennings: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.
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(R15, H. 3399 (Word version)) -- Rep. Harrell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 10 AND NEW VOLUME 9A 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, 2007.
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(R16, H. 3446 (Word version)) -- Rep. Jennings: AN ACT TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO PROVIDE THAT THE MEMBERS ARE ELECTED FROM ELECTION DISTRICTS CORRESPONDING TO THE EIGHT SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF MARLBORO COUNTY ARE ELECTED.
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(R17, H. 3492 (Word version)) -- Rep. Anthony: AN ACT TO REPEAL SECTION 12 OF ACT 79 OF 1955 AND SECTION 1 OF ACT 301 OF 1971, BOTH PREVIOUSLY CODIFIED AS PART OF SECTION 21-4172, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE OPERATION OF THE SCHOOL DISTRICT OF UNION COUNTY AND THE DETERMINATION OF THE RECOMMENDATIONS OF ITS BOARD OF TRUSTEES AND THE PROHIBITION OF CLOSING A HIGH SCHOOL IN UNION COUNTY WITHOUT A UNANIMOUS VOTE OF ITS TRUSTEES.
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(R18, H. 3613 (Word version)) -- Rep. Taylor: AN ACT TO AMEND ACT 779 OF 1988, RELATING TO THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT PERSONS DESIRING TO BECOME CANDIDATES FOR

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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.

Senator MESCHER proposed the following Amendment No. P-20 (355R034.WCM):

Amend the committee amendment, as and if amended, page [355-10] by striking lines 26 - 43 and page [355-11] by striking lines 1 - 23 and inserting:

/   Section 57-1-330.   (A)   Beginning February 15, 1994, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission board members must serve for a term of office of four six years, except as provided in subsection (B), which expires on February fifteenth of the appropriate year as provided in this section. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. Any vacancy occurring in the office of commissioner a board member shall must be filled by election appointment in the manner provided in this article chapter for the unexpired term only. No person is eligible to serve as a commission board member who is not a resident of that district the congressional district he represents at the time of his

(B)   The terms of the initial board members of the commission initially appointed from congressional districts are as follows:

(1)   for the at-large board member -- beginning in 2007 for a term to end February 15, 2010, and thereafter for terms of four years coterminous with the Governor;

(2)   commission for board members appointed to represent odd-numbered congressional districts--two beginning in 2007 for a term to end February 15, 2010, and thereafter for terms of six years; and

(2)(3)   commission for board members appointed to represent even-numbered congressional districts--four beginning in 2007 for a term to end February 15, 2012, and thereafter for terms of six years.

(C)   The at-large commissioner shall serve at the pleasure of the Governor The board members may be removed from office as provided in Section 1-3-240(C)(1).         /

Renumber sections to conform.

Amend title to conform.

Senator MESCHER explained the amendment.

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

On motion of Senators MATTHEWS and HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lawrence Martin Weathers of Bowman, S.C., beloved father of Hugh Weathers, Commissioner of Agriculture.

At 12:14 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.

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