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 the Word of the Lord from I Chronicles:
"Ascribe to the Lord the glory due his name. Bring an offering and come before him; worship the Lord in the splendor of his holiness."
(I Chronicles 16:29)
Let us pray:
The absolute splendor of this first week in April is apparent wherever we turn: the glories of springtime, the hope of Holy Week, the power of Passover. We are encouraged, O God, by the wondrous blessings of expectation and promise which You give us. Be with us throughout this period. Be with our troops. Be with our leaders abroad, in Washington, and here in this Senate Chamber. Steel them to take on the tasks that are their responsibility. And above all else, allow these leaders to experience the gracious love You bestow as they strive to honor You in the decisions they make and the actions they take. In Your holy name we pray, dear Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 408, R-9.
S. 408 (Word version) would restrict changes to a county designation from dropping by more than one classification in any given year. This legislation
When Job Tax Credits were originally conceived, there were only three categories by which a county could be designated - Developed, Moderately Developed, and Under Developed. Since then, the General Assembly has enacted two additional categories, highlighting bad economic conditions by creating Least Developed and Distressed. Further, legislation has been enacted to lock in the appearance of distress in certain counties at the expense of counties truly in need.
One example is legislation, enacted over my veto in 2006, to make Orangeburg County a "Distressed" county instead of an "Under Developed" county, which it would have been under the statute - a full two tiers higher than its realistic position in the State. This law change gave Orangeburg County a strategic advantage over counties such as Calhoun and Colleton, which were also "Under Developed."
Right now, there seems to be a conflict between goals and outcomes in economic development, particularly from a local perspective. Universally, we all agree on the idea of increasing the number of jobs here in the State and raising income levels. However, too many bills like this have been sent to my desk to enshrine the appearance of failure on a county by county basis.
I do not believe we will ever be competitive in the global economy if we are not willing to recognize our success and highlight our strengths. At the end of the last legislative session, I asked the Department of Commerce to review our incentive system and make recommendations. In his report back, Commerce Secretary Joe Taylor stated, "[b]usinesses like to locate in counties that are thriving and growing, but our system rewards a county for appearing depressed and economically backward."
The Department of Commerce's recommendation was to consolidate the five county designations back into three tiers and eliminate the special county carveouts that have been enacted over the years. Senator SHORT, the chief sponsor of this bill, has also introduced S. 538, which is, in concept, along the lines of the Department of Commerce recommendation.
I would encourage the General Assembly to sustain this veto and, instead, begin work on the broader statewide approach proposed by the Department of Commerce and largely reflected in S. 538.
This administration will continue to support legislation that will effectively, fairly, and uniformly promote economic prosperity for the
For these reasons, I am returning S. 408, R-9 to you without my signature.
Sincerely,
/s/Mark Sanford
(R9, S408 (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.
The veto of the Governor was taken up for immediate consideration.
Senator O'DELL moved that the veto of the Governor be overridden.
Senator LEATHERMAN spoke on the veto.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Cleary Courson Cromer Drummond Elliott Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman
Leventis Lourie Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin
Campsen McConnell
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The following was received:
Document No. 3086
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-11-10, 50-11-105, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-520, 50-11-530, 50-11-854, 50-11-2200, and 50-11-2210
SUBJECT: Hunting In Wildlife Management Areas
Received by Lieutenant Governor January 17, 2007
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration May 17, 2007
120 Day Period Tolled
Withdrawn and Resubmitted March 28, 2007
Senator CAMPSEN introduced Dr. William M. Simpson, Jr. of Charleston, S.C., Doctor of the Day.
On motion of Senator PEELER, at 12:05 P.M., Senator FAIR was granted a leave of absence for today.
On motion of Senator McGILL, at 12:05 P.M., Senator WILLIAMS was granted a leave of absence until 3:00 P.M.
At 12:10 P.M., Senator MOORE requested a leave of absence from 12:00 - 4:00 P.M. on Wednesday, April 4, 2007.
Senator RITCHIE rose for an Expression of Personal Interest.
Senator KNOTTS rose for an Expression of Personal Interest.
Senator MALLOY rose for an Expression of Personal Interest.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 1:00 P.M. on Wednesday, April 4, 2007.
S. 553 (Word version) -- Senators Martin, Hutto, Vaughn and Elliott: A BILL TO AMEND SECTION 30-4-70(C) OF THE 1976 CODE, RELATING TO A CLOSED MEETING OF A PUBLIC BODY, TO PROVIDE THAT NO CHANCE MEETING, SOCIAL MEETING, OR ELECTRONIC COMMUNICATION MAY BE USED IN CIRCUMVENTION OF THE SPIRIT OF THE FREEDOM OF INFORMATION ACT TO DISCUSS OR ACT UPON A MATTER WITHIN THE JURISDICTION OF THE PUBLIC BODY.
On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 553.
S. 554 (Word version) -- Senators Martin, Hutto and Vaughn: A BILL TO AMEND SECTION 30-4-30(C) OF THE 1976 CODE, RELATING TO THE
On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 554.
S. 555 (Word version) -- Senators Martin, Hutto, Sheheen, Vaughn and Elliott: A BILL TO AMEND SECTION 30-4-30(B) OF THE 1976 CODE, RELATING TO A PUBLIC RECORD, TO PROVIDE THAT A PUBLIC BODY MAY NOT CHARGE MORE THAN THE PREVAILING COMMERCIAL RATE FOR COPIES OF A PUBLIC RECORD.
On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 555.
S. 556 (Word version) -- Senators Martin, Hutto, Sheheen and Elliott: A BILL TO AMEND SECTION 30-4-70(B) OF THE 1976 CODE, RELATING TO AN EXECUTIVE SESSION OF A PUBLIC BODY, TO PROVIDE THAT THE PRESIDING OFFICER MUST STATE THE SPECIFIC PURPOSE OF THE MEETING, THAT NO OTHER MATTER MAY BE LAWFULLY DISCUSSED, AND THAT NO VOTE OR STRAW POLL MAY BE TAKEN.
On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 556.
S. 557 (Word version) -- Senators Martin, Hutto and Elliott: A BILL TO AMEND SECTION 30-4-80(a) OF THE 1976 CODE, RELATING TO MEETINGS OF A PUBLIC BODY, TO PROVIDE FOR THAT THE AGENDA FOR ALL REGULARLY SCHEDULED MEETINGS MUST BE POSTED, TO PROVIDE THAT ADDITIONS TO AN AGENDA MUST BE POSTED, AND TO PROVIDE EXCEPTIONS.
On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 557.
S. 465 (Word version) -- Senators Ritchie, Fair, Leventis, Martin, Alexander, Campsen, Knotts, Ford, Anderson, Sheheen, Patterson, Williams,
On motion of Senator McGILL with unanimous consent, the names of Senators McGILL, HAYES and VERDIN were added as co-sponsors of S. 465.
S. 425 (Word version) -- Senators Sheheen and Vaughn: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, 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 REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS 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 HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO
On motion of Senator HUTTO, with unanimous consent, the name of Senator HUTTO was added as a co-sponsor of S. 425.
S. 377 (Word version) -- Senators Ritchie, McConnell, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE INVESTMENT ACT OF 2007" TO PROVIDE THAT A RESIDENT TAXPAYER WHO CONSTRUCTS A COMMERCIAL BUILDING THAT MEETS THE STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL SHALL RECEIVE A TAX CREDIT, TO PROVIDE THAT A TAXPAYER WHO APPLIES FOR THE TAX CREDIT MAY PARTICIPATE IN AN EXPEDITED PERMIT PROCESS UPON THE POSTING OF AN ENVIRONMENTAL PERFORMANCE BOND, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT ANNUALLY THE GENERAL ASSEMBLY SHALL HONOR NOT MORE THAN FIVE TAXPAYERS WHO PROMOTE EFFECTIVE ENERGY AND ENVIRONMENTAL STANDARDS.
Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.
The Bill was recalled from the Committee on Medical Affairs.
Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator PEELER asked unanimous consent to commit the Bill to the Committee on Finance.
There was no objection.
The Bill was committed 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.
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.
There was no objection.
The Resolution was recalled from the Committee on Labor, Commerce and Industry and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 630 (Word version) -- Senators Patterson and Malloy: A SENATE RESOLUTION TO DESIGNATE APRIL 11, 2007, AS OMEGA DAY AT THE SOUTH CAROLINA CAPITOL IN HONOR OF THE WORTHY HERITAGE AND MANY ACCOMPLISHMENTS OF THE MEMBERS OF OMEGA PSI PHI FRATERNITY.
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The Senate Resolution was adopted.
S. 631 (Word version) -- Senators Patterson, Courson, Jackson and Lourie: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE TO AMEND THE 2007 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF CALCULATING THE 2007 INDEX OF TAXPAYING ABILITY.
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Read the first time and referred to the Committee on Finance.
S. 632 (Word version) -- Senators Patterson, Courson, Jackson and Lourie: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE TO AMEND THE 2007 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF CALCULATING THE 2007 INDEX OF TAXPAYING ABILITY.
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Read the first time and referred to the Committee on Finance.
S. 633 (Word version) -- Senators Matthews, Anderson, Rankin, Verdin, Ford, Setzler, O'Dell, Reese, Martin, Mescher, Patterson, Land, Leventis, Cromer, Short and Knotts: A BILL TO AMEND CHAPTER 22, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO, AMONG OTHER THINGS, ESTABLISH A STATE POLICY TO ENCOURAGE THE DEVELOPMENT AND PROMOTE THE ACCOUNTABILITY OF PROFESSIONAL ENGINEERS; TO PROVIDE STAGGERED TERMS FOR MEMBERS OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND SURVEYORS; TO REVISE THE CAP ON CIVIL FINES; TO AUTHORIZE THE BOARD TO WAIVE STATE LICENSING AND CREDENTIALING REQUIREMENTS DURING A STATE OF DECLARED PUBLIC EMERGENCY; TO PROVIDE FOR THE LICENSURE AND REGULATION OF SURVEYORS, RATHER
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 634 (Word version) -- Senators Grooms, Scott and Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 177 ALONG INTERSTATE HIGHWAY 26 IN DORCHESTER COUNTY "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S. 635 (Word version) -- Senators Matthews and Pinckney: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS SHALL RECEIVE AN ANNUAL SALARY AND PER MEETING EXPENSE ALLOWANCE IN AN AMOUNT AS DETERMINED BY EACH RESPECTIVE BOARD.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 636 (Word version) -- Senator Pinckney: A BILL TO AMEND ACT 601 OF 1971, AS AMENDED, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD SHALL RECEIVE AN ANNUAL
Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 637 (Word version) -- Senator Ritchie: A BILL TO AMEND ARTICLE 9, CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL SCHOLARS ENDOWMENT FUND, SO AS TO INCLUDE FINES COLLECTED PURSUANT TO THE TIDELANDS AND WETLANDS ACT IN FINANCING THE ENVIRONMENTAL SCHOLARS FUND, TO PROVIDE THAT QUALIFYING INSTITUTIONS MAY ESTABLISH ENVIRONMENTAL SCHOLARS ENDOWMENTS AT THEIR RESPECTIVE INSTITUTIONS WHEN SIX HUNDRED THOUSAND DOLLARS, RATHER THAN FOUR HUNDRED THOUSAND DOLLARS, IS AMASSED IN THE STATE ENDOWMENT FUND, TO PROVIDE THAT SUCH INSTITUTIONAL ENDOWMENTS ARE TO PROVIDE LOANS, RATHER THAN SCHOLARSHIPS OR FELLOWSHIPS, TO PROVIDE THAT SUCH LOANS MAY ONLY BE AWARDED TO GRADUATE STUDENTS IN ENVIRONMENTAL STUDIES AND TO REQUIRE LOAN RECIPIENTS TO AGREE TO WORK IN THIS STATE FOR ONE YEAR FOR EACH YEAR THE LOAN IS RECEIVED, TO DECREASE FROM ONE HUNDRED THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS THE AMOUNT OF PRIVATE FUNDS THAT AN INSTITUTION MUST RAISE TO DRAW DOWN FUNDS FROM THE STATE FUND FOR THE INSTITUTION'S ENDOWMENT, TO DELETE PROVISIONS AUTHORIZING THE STATE BOARD FOR COMPREHENSIVE AND TECHNICAL EDUCATION TO DRAW DOWN FUNDS FOR AN ENDOWMENT FOR STUDENTS IN A TECHNICAL EDUCATION ENVIRONMENTAL STUDIES PROGRAM, AND TO EXTEND THE STATE ENVIRONMENTAL SCHOLARS ENDOWMENT FUND TO 2010.
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Read the first time and referred to the Committee on Education.
S. 638 (Word version) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land,
Read the first time and referred to the Committee on Judiciary.
S. 639 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE TWO PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT WITH CERTAIN EXCEPTIONS; TO PROVIDE THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF A GENERAL OBLIGATION BOND MUST BE DETERMINED; AND TO PROVIDE FOR A SIX-MEMBER TRANSITION TEAM TO BE APPOINTED BY THE BOARDS OF DISTRICT TWO AND DISTRICT SEVENTEEN TO MAKE RECOMMENDATIONS CONCERNING ATTENDANCE ZONES AND OTHER MATTERS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3033 (Word version) -- Reps. Clemmons, Mahaffey and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-345 SO AS TO PROVIDE FOR A DOCUMENT OF RESCISSION TO CORRECT AN ERRONEOUS RECORDING OF A SATISFACTION OF A MORTGAGE OR OTHER LIEN AFFECTING REAL PROPERTY, TO PROTECT A PRIORITY CREDITOR WHO RECORDS AFTER THE ERRONEOUS RECORDING, TO PROVIDE A CIVIL CAUSE OF ACTION FOR A PERSON INJURED BY A WRONGFUL RECORDING OF A DOCUMENT OF RESCISSION, TO ESTABLISH A RECORDING FEE, AND TO PROVIDE A FORM FOR THE DOCUMENT.
Read the first time and referred to the Committee on Judiciary.
H. 3258 (Word version) -- Reps. Hiott, Witherspoon, Frye, Duncan, Owens, M. A. Pitts and Rice: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON IN GAME ZONE 1 AND THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS; TO AMEND SECTION 50-11-430, AS AMENDED, RELATING TO BEAR HUNTING IN GAME ZONE 1, SO AS TO REVISE THE OPEN SEASON FOR TAKING BEAR, THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS, AND THE PROCEDURES WHICH MUST BE FOLLOWED WHEN A BEAR IS TAKEN, AND TO FURTHER PROVIDE FOR CERTAIN LAWFUL AND UNLAWFUL ACTIVITIES IN REGARD TO BEAR HUNTING.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3373 (Word version) -- Reps. M. A. Pitts and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-825 SO AS TO PROVIDE THAT IF A PERMIT IS ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSTALL AN INDIVIDUAL WASTE TREATMENT AND DISPOSAL SYSTEM THE DEPARTMENT IS ONLY REQUIRED TO CONDUCT RANDOM
Read the first time and referred to the Committee on Medical Affairs.
H. 3427 (Word version) -- Reps. Whipper, Cobb-Hunter, Jennings, Mack, F. N. Smith, J. R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G. R. Smith, Bedingfield and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Read the first time and referred to the Committee on Judiciary.
H. 3525 (Word version) -- Reps. Bedingfield, G. R. Smith, Pinson, J. H. Neal, F. N. Smith, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Brantley, Cato, Frye, Funderburk, Gullick, Haley, Harrell, Hart, Harvin, Haskins, Hodges, Howard, Kelly, Knight, Littlejohn, Mahaffey, Moss, Mulvaney, Neilson, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Walker and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-950 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN RELEASED FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR FAILURE TO COMPLY WITH AN ORDER FOR CHILD SUPPORT MAY OBTAIN A SPECIAL ROUTE-RESTRICTED DRIVER'S LICENSE FROM THE DEPARTMENT OF MOTOR VEHICLES.
Read the first time and referred to the Committee on Judiciary.
H. 3543 (Word version) -- Reps. Funderburk and Mulvaney: A BILL TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3795 (Word version) -- Reps. Govan, Hosey, Sellers, Howard and J. H. Neal: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO ESTABLISH THE SOUTH CAROLINA AFRICAN-AMERICAN HERITAGE COMMISSION TO ASSIST AND ENHANCE THE DEPARTMENT'S EFFORTS TO PRESERVE AND PROMOTE HISTORIC PROPERTIES REFLECTING THE STATE'S AFRICAN-AMERICAN HERITAGE; AND TO AUTHORIZE THE DEPARTMENT TO PROVIDE STAFF ASSISTANCE AND FUNDING FOR THE COMMISSION.
Read the first time and referred to the Committee on Education.
H. 3822 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. JIM RAY OF SPARTANBURG COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA PUBLIC SCHOOLS AND TO CONGRATULATE HIM ON BEING NAMED THE 2007 SOUTH CAROLINA SUPERINTENDENT OF THE YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator ALEXANDER from the General Committee polled out H. 3345 favorable:
H. 3345 (Word version) -- Reps. Ceips, Harrison, E.H. Pitts and J.E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-618 SO AS TO DESIGNATE AUGUST 16TH EVERY YEAR AS SOUTH CAROLINA AIRBORNE HERITAGE DAY.
AYES
Alexander O'Dell Martin Ryberg Elliott Hawkins Knotts Ford Short Sheheen Reese Ritchie Lourie Williams Rankin Vaughn
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3199 (Word version) -- Reps. G. M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 449 (Word version) -- Senators Martin, Verdin, Sheheen, Leventis, Bryant and Knotts: 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.
S. 9 (Word version) -- Senators Hayes, Campsen, Sheheen, McConnell, Mescher, McGill, Knotts, Fair and Elliott: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN, INCLUDING THE APPOINTMENT OF GUARDIANS AD LITEM, SO AS TO PROVIDE THAT THE COURT MAY APPOINT AN ATTORNEY FOR A LAY GUARDIAN AD LITEM BUT MAY NOT IF THE GUARDIAN AD LITEM IS AN ATTORNEY.
S. 13 (Word version) -- Senators Hayes, Knotts, Fair and Elliott: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 27 TO CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7 OF TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.
S. 15 (Word version) -- Senators Hayes, Campsen, Vaughn, McConnell, Mescher, Ritchie, Knotts, Cleary, Leatherman, Setzler, Fair, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 4, TITLE 20 BY ENACTING THE "UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC-VIOLENCE PROTECTION ORDERS ACT", TO ESTABLISH UNIFORM PROCEDURES FOR THE INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION
S. 17 (Word version) -- Senators Hayes, Campsen, Mescher, Knotts, Cleary, Fair, Elliott and Ford: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.
S. 43 (Word version) -- Senators Ford, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-435 SO AS TO PROVIDE THAT A SEX OFFENDER WHO IS SERVING A PROBATIONARY SENTENCE MUST BE PLACED UNDER GLOBAL POSITIONING SYSTEM SATELLITE SURVEILLANCE CONTINUOUSLY FOR THE DURATION OF HIS PROBATIONARY SENTENCE BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.
S. 204 (Word version) -- Senators Ritchie, Campsen, Richardson, Hayes, Mescher, Cleary and Elliott: A BILL TO AMEND SECTION 20-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A
S. 331 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-745 SO AS TO DEFINE "COMMUNICATION DEVICE" AND "COMMUNICATION SYSTEM", TO PROVIDE THAT IT IS UNLAWFUL TO DISABLE, DESTROY, OR INJURE A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, TO PROVIDE THAT IT IS UNLAWFUL TO OBSTRUCT, IMPEDE, OR IMPAIR THE SERVICE OR TRANSMISSION OF A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
S. 338 (Word version) -- Senators Reese, Elliott and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-400 SO AS TO CREATE THE OFFENSE OF TAMPERING WITH, ALTERING, DAMAGING, OR DESTROYING A SECURITY DEVICE, TO DEFINE THE TERM "SECURITY DEVICE", AND TO PROVIDE A PENALTY FOR THE OFFENSE.
S. 368 (Word version) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: A BILL TO AMEND SECTION 1-11-220 OF THE 1976 CODE, RELATING TO THE FLEET MANAGEMENT PROGRAM, TO PROVIDE THAT THE PROGRAM SHALL SEEK TO IMPROVE ENVIRONMENTAL QUALITY BY DECREASING
S. 370 (Word version) -- Senators Gregory, Vaughn and Knotts: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.
S. 452 (Word version) -- Senators Grooms, McConnell, Campsen and Knotts: A BILL TO AMEND SECTION 50-15-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE A PROVISION PERMITTING THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS TO CERTAIN PERSONS ALLOWING THE REMOVAL AND DISPOSITION OF ALLIGATORS; TO ADD SECTION 50-15-65 SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN ALLIGATOR CONTROL PROGRAM FOR THE HUNTING AND FOR THE REMOVAL OF ALLIGATORS INCLUDING ALLIGATORS ON PRIVATE LAND, TO PROVIDE FOR THE TERMS, CONDITIONS, AND FEES AND COSTS OF THIS PROGRAM, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT AND THE DISPOSITION OF CONFISCATED PROPERTY, SO AS TO FURTHER PROVIDE FOR WHAT ACTIONS GIVE RISE TO THE PENALTY PROVISIONS; AND TO REPEAL SECTION 50-15-60 RELATING TO COST OF SPECIFIED PROGRAMS AND ALLIGATOR PRODUCTS PERMITS.
S. 498 (Word version) -- Senators Mescher, Grooms and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
S. 597 (Word version) -- Senators Campsen, Hutto, Bryant, Verdin and Grooms: A BILL TO AMEND SECTION 50-9-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR YOUTH HUNTING DAYS, SO AS TO PROVIDE THAT A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE MAY BE A YOUTH HUNTER.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 282 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3005 SO AS TO AUTHORIZE CERTAIN PROJECT DELIVERY METHODS FOR STATE PROCUREMENTS RELATING TO INFRASTRUCTURE FACILITIES; BY ADDING SECTION 11-35-3015 SO AS TO SPECIFY THE SOURCE SELECTION METHODS FOR THE TYPES OF AUTHORIZED PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3021 SO AS TO PROVIDE FOR SUBCONTRACTOR SUBSTITUTION; BY ADDING SECTION 11-35-3023 SO AS TO PROVIDE FOR PREQUALIFICATION ON STATE CONSTRUCTION; BY ADDING SECTION 11-35-3024 SO AS TO PROVIDE FOR CONTENTS OF A REQUEST FOR PROPOSALS AND EVALUATION FACTORS APPLICABLE TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3035 SO AS TO PROVIDE FOR THE REQUIREMENT OF ERRORS AND OMISSIONS INSURANCE TO COVER CERTAIN SERVICES DELIVERED PURSUANT TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3037 SO AS TO PROVIDE FOR OTHER FORMS OF SECURITY TO ENSURE PERFORMANCE; BY ADDING SECTION 11-35-3070 SO AS TO ALLOW THE GOVERNING BODY TO APPROVE NONMATERIAL CHANGE ORDERS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS FOR
S. 447 (Word version) -- Senators Gregory, Knotts, Leventis, Sheheen, Grooms, O'Dell, Lourie, Courson, Mescher, McConnell, Ritchie, Alexander and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 49 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.
Senator SHEHEEN explained the Bill.
S. 459 (Word version) -- Senators Sheheen, Leventis, Lourie, Bryant, Ford, Knotts and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-116-130 SO AS TO ENACT THE "JESSICA HORTON CAMPUS CRIME ACT" TO PROVIDE THAT CAMPUS POLICE OFFICERS SHALL NOTIFY AND WORK WITH LOCAL LAW ENFORCEMENT AGENCIES ON THE INVESTIGATION OF A DEATH OR A RAPE
Senator SHEHEEN explained the Bill.
S. 589 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-90-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CAPTIVE INSURANCE COMPANY TAKING CREDIT FOR RESERVES ON RISKS OR PORTIONS OF RISKS CEDED TO REINSURERS COMPLYING WITH THE PROVISIONS OF SECTIONS 38-9-200, 38-9-210, AND 38-9-220, SO AS TO PROVIDE THAT AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY MAY NOT TAKE CREDIT IF NOT IN COMPLIANCE WITH THOSE PROVISIONS OF LAW, AND PROVIDE THAT ALL OTHER CAPTIVE INSURANCE COMPANIES MAY NOT TAKE CREDIT FOR RESERVES PURSUANT TO THOSE PROVISIONS UNLESS SPECIFIC APPROVAL HAS BEEN GRANTED BY THE DIRECTOR OF INSURANCE.
Senator THOMAS explained the Bill.
S. 613 (Word version) -- Senators Grooms, Verdin, Leventis and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-85 SO AS TO PROVIDE THAT A PHYTOSANITARY CERTIFICATE OR A PERMIT MAY BE ISSUED BY AN INSPECTOR FOR INTRASTATE AND INTERSTATE SHIPMENTS OF CONIFER AND HARDWOOD SEEDLINGS TO VERIFY THAT THEY ARE APPARENTLY FREE OF PESTS AND DISEASES, AND TO PROVIDE THAT TO ENSURE PEST AND DISEASE-FREE PLANT MATERIAL, THE PREFERRED METHOD OF TREATMENT IS FUMIGATION USING METHYL BROMIDE IN SEEDLING PLANT BEDS PRIOR TO SEEDING.
S. 625 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, LIVESTOCK-POULTRY HEALTH COMMISSION, RELATING TO INTRASTATE MOVEMENT OF CERTAIN ANIMALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3108, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator VERDIN explained the Joint Resolution.
S. 626 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO RECOGNITION OF PREFERRED MORTALITY TABLES FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3115, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator THOMAS explained the Joint Resolution.
S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (SWB\5234CM07), which was adopted:
Amend the bill, as and if amended, Section 24-21-1330, as contained in SECTION 1, page 3, by deleting Section 24-21-1330 and inserting:
/Section 24-21-1330. The pilot project day reporting center program terminates twelve months from its opening, unless extended by the General Assembly. /
Amend the title of the bill, as and if amended, on page 1, by deleting lines 11 through 15, and inserting:
/ TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS. /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 456 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 69, TITLE 38, SO AS TO ENACT THE "ANNUITY INVESTMENTS BY SENIORS ACT" TO PROVIDE STANDARDS AND PROCEDURES FOR RECOMMENDATIONS TO SENIOR CONSUMERS TO ENSURE THAT ANNUITY PRODUCTS FOR THESE SENIOR CONSUMERS ADDRESS THEIR INSURANCE AND FINANCIAL NEEDS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (456R001.DLT), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 1, line 40, by deleting /Annuity Investments by Regulations/ and inserting / Suitability in Annuity Transactions /.
Amend further, SECTION 2, page 2, beginning on line 1, by deleting Section 38-69-510 in its entirety and inserting:
/ Section 38-69-510. This article is known as the 'Suitability in Annuity Transactions Act'. /
Amend further, Section 38-69-530(A), SECTION 2, page 2, line 17, by deleting / has / and inserting / shall have /.
Amend further, Section 38-69-530(C)(1), SECTION 2, page 2, line 30, by deleting / may / and inserting / shall /.
Amend further, Section 38-69-530(D)(1)(a), SECTION 2, page 3, line 6, by deleting / or / and inserting / and /.
Amend further, Section 38-69-530(D)(2)(a), SECTION 2, page 3, line 15, by deleting / or/ and inserting / and /.
Amend further, SECTION 2, page 4, beginning on line 22, by deleting Section 38-69-540 in its entirety and inserting:
/ (A) The director or his designee may order:
(1) an insurer to take reasonably appropriate corrective action for any consumer harmed by a violation of this article by the insurer or the insurer's insurance producer;
(2) an insurance producer to take reasonably appropriate corrective action for any consumer harmed by a violation of this article by the insurance producer; or
(3) a managing general agency or an insurance agency that employs or contracts with an insurance producer to sell or solicit the sale of annuities to consumers to take reasonably appropriate corrective action for any consumer harmed by a violation of this article by the insurance producer.
(B) Any applicable penalty provided by Section 38-2-10 for a violation of Section 38-69-530(A) or (B), or Section 38-69-530(C)(2) may be reduced or eliminated, according to a schedule adopted by the department if corrective action for the consumer was taken promptly after a violation was discovered. /
Amend further, Section 38-69-560, SECTION 2, page 5, line 16, by deleting / and / and inserting / or /.
Amend further, Section 38-69-570, SECTION 2, page 5, line 36, by deleting / in effect on January 1, 2004, / and inserting
/ pertaining to suitability, /.
Amend title to read:
/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 69, TITLE 38, SO AS TO ENACT THE "SUITABILITY IN ANNUITY TRANSACTIONS" TO PROVIDE STANDARDS AND PROCEDURES FOR RECOMMENDATIONS TO SENIOR CONSUMERS TO ENSURE THAT ANNUITY PRODUCTS FOR THESE SENIOR CONSUMERS ADDRESS THEIR INSURANCE AND FINANCIAL NEEDS. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 333 (Word version) -- Senator Fair: A BILL TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO RECKLESS HOMICIDE; RECKLESS DRIVING; DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, BY ADDING SECTION 56-5-2943, TO PROVIDE THAT AS A CONDITION OF PROBATION FOR A SECOND OR SUBSEQUENT VIOLATION OF SECTIONS 56-5-2930, 56-5-2933, OR 56-5-2945, A COURT MAY REQUIRE THAT AN OFFENDER WEAR A CONTINUOUS REMOTE ALCOHOL MONITORING DEVICE, TO PROVIDE THAT A FINDING BY THE COURT THAT THE OFFENDER'S BLOOD ALCOHOL CONCENTRATION MEETS OR EXCEEDS EIGHT ONE-HUNDREDTHS OF ONE PERCENT SHALL BE A VIOLATION OF THE OFFENDER'S PROBATION, TO PROVIDE THAT IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY THE COURT BECAUSE OF THE PROBATION VIOLATION, THE COURT MAY EXTEND THE PERIOD FOR WHICH THE OFFENDER'S LICENSE HAS BEEN SUSPENDED FOR UP TO AN ADDITIONAL TWELVE MONTHS, AND TO PROVIDE THAT THE OFFENDER MUST BEAR THE COST OF WEARING AND MONITORING THE DEVICE.
On motion of Senator LOURIE, with unanimous consent, the Bill was carried over.
S. 344 (Word version) -- Senators McConnell, Rankin, Elliott, Knotts, Malloy, Hawkins and Vaughn: A BILL TO AMEND SECTION 38-73-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RATE FILINGS REQUIRED, SO AS TO REQUIRE WORKERS' COMPENSATION INSURERS TO FILE WITH THE DEPARTMENT OF INSURANCE THEIR LOSS COSTS MULTIPLIERS; TO AMEND THE 1976 CODE BY ADDING SECTION 28-73-525 SO AS TO PROVIDE THE TIME FRAME IN WHICH WORKERS' COMPENSATION INSURERS MUST FILE THEIR LOSS COSTS MULTIPLIERS AND TO FURTHER PROVIDE THE MINIMUM INFORMATION THAT MUST BE INCLUDED IN THEIR FILINGS; TO AMEND SECTION 38-73-960, RELATING TO EFFECTIVE DATES OF PROPERTY AND CASUALTY RATE FILINGS, SO AS TO EXCLUDE WORKERS' COMPENSATION LOSS COSTS MULTIPLIERS FROM THOSE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING
On motion of Senator RYBERG, with unanimous consent, the Bill was carried over.
S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS A CHIEF HIGHWAY ENGINEER WHO MAY BE REMOVED BY THE BOARD FOR
On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.
S. 414 (Word version) -- Senators Land, Martin, Alexander, Cromer, Fair, Jackson, Matthews, Moore, O'Dell, Reese and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 77, TITLE 38 SO AS TO ENACT THE "VEHICLE PROTECTION PRODUCT ACT", TO PROVIDE FOR DEFINITIONS, TO REQUIRE THE REGULATION OF VEHICLE PROTECTION PRODUCT WARRANTIES, TO REQUIRE A VEHICLE PROTECTION PRODUCT WARRANTY TO ADHERE TO THE PROVISIONS OF ARTICLE 12, AND TO AUTHORIZE THE DIRECTOR OF INSURANCE TO IMPOSE CIVIL PENALTIES FOR VIOLATIONS OF ARTICLE 12.
On motion of Senator THOMAS, with unanimous consent, the Bill was carried over.
S. 425 (Word version) -- Senators Sheheen, Vaughn and Hutto: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, 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 REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE
On motion of Senator SHEHEEN, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC
Senator MARTIN moved to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Fair * Gregory * Hawkins Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Reese * Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin
*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 Bill was made a Special Order.
H. 3575 (Word version) -- Reps. Young, Harrell, Anthony, Clyburn, Lucas, J.M. Neal, Owens, E.H. Pitts, Taylor, White, Chellis, Gullick, R. Brown, Stavrinakis, Hagood and Scarborough: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL OF PERSONS APPOINTED TO CERTAIN STATE OFFICES, FOR CERTAIN REASONS, SO AS TO ADD DEPARTMENT OF TRANSPORTATION COMMISSIONERS TO THIS LIST OF PERSONS WHO MAY BE REMOVED FROM
Senator RITCHIE moved to recall the Bill from the Committee on Transportation.
The Bill was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
On motion of Senator SHEHEEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Nancy Aldrich Henry of McBee, S.C., beloved mother of WIS television sportscaster Rick Henry. Mrs. Henry taught science for 30 years, first at Pine Forest High School and then McBee High School. She also served as interim principal at Pine Forest.
At 1:10 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 1:00 P.M.
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