Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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:
In Psalm 121 we read:
"I lift up my eyes to the hills-from where will my help come? My help comes from the Lord, who made heaven and earth."
(Psalm 121:1-2)
Let us pray, friends:
Holy Lord, we turn to You today for comfort and for a renewal of hope. Our hearts are heavy with sorrow in the death of our colleague and friend, Senator WILLIAM "BILL" MESCHER. We ask You, O God, to shelter the late Senator's grieving family in Your gentle love, and as You strengthen them, so embolden us, too. Lead us to continue in faithful service to this State in his honor and memory. And as we also today welcome to the State House the Honorable James E. Clyburn, who addresses us today in Joint Session, we look forward in hope to opportunities to continue as your servants, seeking to honor You through the actions we take here in this place. In Your name we pray, O Lord.
Amen.
The Senate stood for a moment of silence in memory of the Honorable WILLIAM C. "BILL" MESCHER.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2007, and to expire June 30, 2011
2nd Congressional District:
Mary M. Amonitti, 651 Queens Grant, Hilton Head, S.C. 29928
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence April 30, 2007, and to expire April 30, 2011
4th Congressional District:
S. Richard Hagins, 129 High Crest Court, Simpsonville, S.C. 29681 VICE Ruben Montalvo
Referred to the Committee on Judiciary.
Reappointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2007, and to expire June 30, 2011
6th Congressional District:
Rev. Eddie Clay Guess, P. O. Box 7424, Columbia, S.C. 29202
Referred to the Committee on Judiciary.
Reappointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 2007, and to expire March 15, 2013
1st Congressional District:
Orton Bellamy, 1208 13th Avenue, Conway, S.C. 29526
Referred to the Committee on Corrections and Penology.
Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 2007, and to expire March 15, 2013
4th Congressional District:
C. David Baxter, 1104 Charter Oaks Drive, Taylors, S.C. 29687 VICE John A. McCarroll
Referred to the Committee on Corrections and Penology.
Senator CAMPSEN introduced Dr. Louis Costa II of Charleston, S.C., Doctor of the Day.
Senator GROOMS rose for an Expression of Personal Interest.
Members of the Senate, I would like to talk to you a little bit today about my friend and colleague, Senator BILL MESCHER. As you know, Senator MESCHER passed away Easter morning.
He was a guy who, many of you may not know, really liked birds. He had bird feeders all over his yard. He had his binoculars, his bird field guide, large martin nests and martin houses over the lake always filled with birds. After speaking at a Republican breakfast Saturday morning, he went to the hardware store to get building materials to begin working on a couple of duck boxes that he was placing on his dock for wood ducks.
I want to talk to you about "round ice." Round ice is what brought Senator MESCHER to South Carolina. In 1975, Santee Cooper was viewed by many as a little political entity that also produced electricity. The Board of Directors wanted Santee Cooper to chart a new course. They needed to be modernized, and generating capacity needed to be added for our State. They felt that it would be in the state's best interest to bring in an outsider with plenty of experience. They conducted a nationwide search. During this time, the name BILL MESCHER popped up. He came down to South Carolina as a Midwesterner from Illinois to see the agency. Knowing the political climate in South Carolina he thought, "I could come here and in about a year get run out on a rail. I need to see if these people are really serious about hiring me. I have got to see if this board is really serious about protecting me." So he talked to the Chairman during the negotiations and discussed the salary and benefits. When they were through with that, he told them, "I have to have a special icemaker in my office that only makes round ice." This was something that was very rare at the time and odd. He often had little odd things that he would go after. After he spoke to the Chairman regarding the round ice, the Chairman said that he would have to get back to him. He told me, "I knew that if they honored my request for this odd icemaker that produces round ice, that the Board would back me and I would come to South Carolina."
He had some struggles when he began with Santee Cooper. One of the first run-ins he had was with Senator REMBERT DENNIS. Many in this body served with Senator DENNIS and know that he was very influential in Berkeley County. He helped many people at Santee Cooper to get a job there. There was this one time where a gentleman who wanted a job at Santee Cooper went to Senator DENNIS instead of BILL MESCHER. That was where the first little battle began. Senator DENNIS wanted BILL to hire this particular individual, but BILL said, "Not if he is not qualified." That was the beginning of the modernization of Santee Cooper.
BILL brought in the first dental plan to those employees, helped chart the course for modernization of several of his plants, charted the course for the building of the Cross generating facility. The complete build out is still occurring. He turned a little public utility into the third largest public utility in the country. He retired and under the urging of some employees of Santee Cooper, he decided to run for the South Carolina Senate in 1992. At that time, Berkeley County was still staunchly a Democratic county. The experts decided that Senator MESCHER could run if he wanted to; he had no chance of winning. But, BILL MESCHER had done such a good job at Santee Cooper, and the employees knew it. The employees went out and registered to vote and registered their friends and family who have never voted before. On that November day in 1992, the unlikely guy from Illinois was elected to the South Carolina Senate.
Senator MESCHER sat on the back row as a member of the minority party and devoted his time to constituent service. He looked out for the elderly of this State and his constituents. When a constituent would have a strange request like, "Why is the government telling me that I cannot have a ferret?" "Why is the government preventing me from getting a tattoo?" If he would not have a good answer, he would put forth legislation. He believed in individual liberties and individual freedoms. He stood up for his constituents. No matter how strange the request might be, he did so.
He was a quiet man and it wasn't more than ten years ago that the coroner of Berkeley County said, "LARRY, I know you and you are a pretty good fellow; you ought to think about running for the Senate." At that time, I had no intention of seeking public office. He set up a meeting with Senator MESCHER and me. I met several times with Senator MESCHER at his kitchen table. Every time we met, we had
One of the most important pieces of legislation that he passed at the time was when the Charleston Navy Base had closed. The Charleston economy was on the rocks, and it was uncertain. Many of the economists at the time were predicting double-digit unemployment numbers for years to come. The whole Charleston area was going to dry up. Senator MESCHER helped to push through legislation in the Senate with the help of Congressman Henry Brown, who at the time was the Chairman of the House Ways and Means Committee, that would allow Santee Cooper to directly serve electricity to an economic prospect. That economic prospect turned out to be Nucor Steel. At the time, they invested initially about one billion dollars in the Lowcountry of South Carolina. That began the economic turnaround for the Lowcountry, which not only helped the Lowcountry, but also helped the entire State to get its finances back in order.
Senator MESCHER was a private man. He loved crossword puzzles, and as you all know, he loved to play solitaire on his computer. If there was ever a reception and there was an extra Diet Coke lying around, it would somehow find itself in Senator MESCHER's collection. I believe you will probably find a hundred Diet Coke cans in his desk. He loved to get a Diet Coke everywhere possible.
He was beloved by his wife, Kitty. They made a wonderful couple. He wasn't necessarily the best politician in town, but his wife Kitty compensated greatly for that. Sometimes you would speak to Senator MESCHER and he would have a kind of dry sense of humor. But, whenever he was around Kitty, he would light up like a Christmas tree. He was a different person when he was around Ms. Kitty. She is deeply going to miss him and I would ask the members to please keep her especially in your prayers within the next few days, weeks and months to come.
I owe a lot to Senator MESCHER. He taught me what it was like and how to stand up for your beliefs no matter what. He said, "Listen to your constituents, listen to the other arguments of the other Senators, but then stand up for what you know and believe is right. Do not engage in the political gamesmanship that often occurs. Vote for what is right and vote against what is wrong." That is what Senator
Mr. PRESIDENT, I would like to ask for unanimous consent that when we adjourn today, that we do so in memory of Senator BILL MESCHER and that the roll of the Senate be applied.
On motion of Senator PEELER, with unanimous consent, the remarks of Senator GROOMS were ordered printed in the Journal.
S. 561 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-71-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED INSURANCE COVERAGE FOR CERTAIN DIAGNOSTIC AND LABORATORY TESTS, INCLUDING MAMMOGRAMS, ANNUAL PAP SMEARS, AND PROSTATE CANCER, SO AS TO ALSO REQUIRE COVERAGE FOR COLORECTAL CANCER EXAMINATIONS AND LABORATORY TESTS.
On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 561.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 3:00 P.M., and, further, that when the Senate reconvenes tomorrow it convene under the terms and provisions of Rule 1B.
The PRESIDENT appointed Senators McCONNELL, JACKSON, MATTHEWS, McGILL, PATTERSON and FORD to escort the Honorable James E. Clyburn and members of his party to the House of Representatives for the Joint Assembly.
At 12:28 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:30 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 227 (Word version) -- Senators Ford, Anderson, Alexander, Courson, Campsen, O'Dell, Williams, Knotts, Hutto, Matthews, Land, Jackson, McConnell, Patterson, McGill, Pinckney, Reese, Elliott, Leatherman, Peeler, Lourie, Malloy, Sheheen, Short, Rankin, Ryberg, Ritchie, Leventis, Fair, Grooms, Cromer, Bryant, Mescher, Martin, Hayes, Richardson, Scott, Vaughn, Setzler, Moore and Drummond: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES E. CLYBURN, MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES FROM THE SIXTH CONGRESSIONAL DISTRICT OF SOUTH CAROLINA AND NEWLY-ELECTED MAJORITY WHIP OF THE HOUSE OF REPRESENTATIVES FOR THE 110TH CONGRESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT ASSEMBLY ON A DATE AND TIME CONVENIENT FOR REPRESENTATIVE CLYBURN'S SCHEDULE AS DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
The Honorable James E. Clyburn and members of his party were escorted to the rostrum by Senators McCONNELL, JACKSON, MATTHEWS, McGILL, PATTERSON and FORD and Representatives Howard, Clyburn, Ott, Hart, Brady and Ballentine.
The PRESIDENT of the Senate introduced the Honorable James E. Clyburn, Majority Whip of the House of Representatives, 110th Congress.
Congressman Clyburn addressed the Joint Assembly.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 1:28 P.M., the Senate resumed.
The following were introduced:
S. 657 (Word version) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.
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Read the first time and referred to the Committee on Education.
S. 658 (Word version) -- Senator Bryant: A BILL TO AMEND SECTION 59-21-420(b) OF THE 1976 CODE, RELATING TO FUNDS FOR RENOVATION, CAPITAL IMPROVEMENT, OR REPAIR OF CLASSROOMS, OR REDUCTION OF MILLAGE AS TO BONDS, TO ELIMINATE THE WAIVER THAT A SCHOOL MAY APPLY FOR UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Education.
S. 659 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION CONGRATULATING BOY SCOUT TROOP 329 OF GEORGETOWN COUNTY ON THE SEVENTIETH ANNIVERSARY OF ITS FOUNDING AND ITS INVALUABLE CONTRIBUTIONS TO THE YOUTH OF THE TOWN OF ANDREWS AND THE CITIZENS OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 660 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, TO EXEMPT FORTY-TWO AND ONE-HALF
Read the first time and referred to the Committee on Finance.
S. 661 (Word version) -- Senators Gregory, Campsen and Ford: A JOINT RESOLUTION TO EXTEND UNTIL MAY 31, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.
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Read the first time and, on motion of Senator GREGORY, with unanimous consent, S. 661 was ordered placed on the Calendar without reference.
On motion of Senator GREGORY, with unanimous consent, S. 661 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator COURSON from the Committee on Education submitted a majority favorable and Senator SHORT a minority unfavorable report on:
S. 93 (Word version) -- Senators Campsen, Ryberg, Vaughn, Hayes, Mescher, Knotts and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES ACT" BY ADDING SECTION 59-63-100 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a majority favorable with amendment and Senator CLEARY a minority unfavorable report on:
S. 214 (Word version) -- Senators Hawkins and Elliott: A BILL TO AMEND SECTION 59-67-420 OF THE 1976 CODE, RELATING TO THE EXTENT OF SCHOOL RELATED TRANSPORTATION TO BE PROVIDED TO STUDENTS BY THE STATE, TO REDUCE THE AREA FOR WHICH THE STATE ASSUMES NO OBLIGATION TO TRANSPORT ANY CHILD TO OR FROM SCHOOL FROM WITHIN ONE AND ONE-HALF MILES OF THE SCHOOL HE ATTENDS TO ONE-HALF OF A MILE.
Ordered for consideration tomorrow.
Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 481 (Word version) -- Senators Anderson and Fair: A BILL TO AMEND CHAPTER 1, TITLE 24 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF CORRECTIONS, TO ESTABLISH AN ORGAN AND TISSUE DONOR PROGRAM IN THE DEPARTMENT, TO PROVIDE WHO AND IN WHAT MANNER DONATIONS MAY BE MADE, TO PROVIDE THAT INFORMATION REGARDING BONE MARROW DONATIONS MUST BE PROVIDED TO PRISONERS, TO PROVIDE THAT THE DEPARTMENT IS NOT RESPONSIBLE FOR COSTS ASSOCIATED WITH TESTS OR PROCEDURES REQUIRED TO MAKE AN ORGAN DONATION, TO PROVIDE THAT THE DEPARTMENT IS RESPONSIBLE FOR COSTS ASSOCIATED WITH TRANSPORTATION OF A DONOR AND OPERATIONAL SECURITY, TO PROVIDE THAT PRISONERS MUST BE PROVIDED WITH DONOR FORMS IN COMPLIANCE WITH THE ANATOMICAL GIFT ACT, TO PROVIDE THAT THE DEPARTMENT, IN CONSULTATION WITH APPROPRIATE MEDICAL AUTHORITIES, MUST PROMULGATE REGULATIONS AND ESTABLISH PROCEDURES TO FACILITATE PRISONER DONATIONS OF ORGANS, TISSUE, OR BONE MARROW, AND TO PROVIDE THAT ALL ORGAN AND
Ordered for consideration tomorrow.
Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 488 (Word version) -- Senators Ryberg and Anderson: A BILL TO PROVIDE THAT THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF PAY TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PAY PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a majority favorable with amendment and Senator CLEARY a minority unfavorable report on:
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
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable report on:
H. 3628 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO AT-RISK STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3089, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
At 1:31 P.M., Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THAT THE CERTIFICATION BE ISSUED WHEN A MEMBER OR DESIGNATED STAFF PERSON HAS COMPLETED A TRAINING PROGRAM AND TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS, APPOINTED ON OR AFTER THE ACT'S EFFECTIVE DATE, WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT WITHIN EIGHTEEN MONTHS.
S. 389 (Word version) -- Senators Campsen, Bryant, Vaughn, Grooms, Martin, Verdin, Scott, Richardson, Fair, Ryberg, Thomas and Gregory: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 33, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AGE OF CONSENT, SO AS TO DELETE THE PROVISION THAT NO UNMARRIED WOMAN SHALL LEGALLY CONSENT TO SEXUAL INTERCOURSE WHO SHALL NOT HAVE ATTAINED THE AGE OF FOURTEEN YEARS.
S. 446 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Anderson, Vaughn, Hawkins, Scott, Williams, Drummond, Mescher, Thomas, Short, Hutto, Leatherman, Richardson, Leventis, Elliott, Patterson, Pinckney, Land, Lourie, Jackson, Peeler, Sheheen, Moore and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDIGENT DEFENSE ACT" BY ADDING SECTION 17-3-5 SO AS TO DEFINE
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator KNOTTS asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senator KNOTTS proposed the following amendment (JUD0446.002), which was withdrawn:
Amend the bill, as and if amended, page 27, after line 17, by inserting an appropriately numbered SECTION to read:
/ SECTION ____. Section 9-11-25 of the 1976 Code, as last amended by Act 336 of 1992, is further amended to read:
"Section 9-11-25. Probate judges, assistant solicitors, and assistant public defenders may elect to participate in the South Carolina Police Officers Retirement System or they may elect to remain under regular state retirement the South Carolina Retirement System." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator MALLOY spoke on the amendment.
On motion of Senator KNOTTS, the amendment was withdrawn.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 598 (Word version) -- Senators Campsen, McConnell, Moore, Fair, Grooms, Ritchie, Verdin, Malloy, Bryant and Knotts: A BILL TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, BY ADDING ARTICLE 4 SO AS TO ENACT THE "TELEVISION PROGRAMMING PROTECTION ACT" TO REQUIRE A CABLE OR VIDEO SERVICE PROVIDER TO BLOCK ALL VIDEO AND AUDIO ON ANY CHANNEL THAT A SUBSCRIBER HAS NOT PURCHASED.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senator MOORE proposed the following amendment (JUD0598.004), which was adopted:
Amend the bill, as and if amended, page 2, by striking line 30 in its entirety and inserting:
/ programming must block the /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
The following Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 650 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3086, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator GREGORY explained the Joint Resolution.
S. 651 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3085, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 632 (Word version) -- Senators Patterson, Courson, Jackson and Lourie: A JOINT RESOLUTION A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE TO AMEND THE 2007 INDEX OF
Senators PATTERSON and HAYES explained the Joint Resolution.
S. 265 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 50-23-345, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY CERTIFICATES OF BOAT NUMBER, SO AS TO FURTHER PROVIDE FOR WHEN THE DEPARTMENT MAY ISSUE TEMPORARY CERTIFICATES; AND TO AMEND SECTION 50-23-370, AS AMENDED, RELATING TO TERMS AND RENEWAL OF CERTIFICATES OF BOAT NUMBER ISSUED BY THE DEPARTMENT, SO AS TO FURTHER PROVIDE FOR THEIR EXPIRATION AND RENEWAL AND THE CIRCUMSTANCES WHEN THESE CERTIFICATES MAY BE ISSUED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20286SD07), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator GREGORY 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.
H. 3509 (Word version) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J.H. Neal, Bedingfield, F.N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, Brady, Branham, Brantley,
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (HOUSING TRUST FUND), which was adopted:
Amend the bill, as and if amended, by striking Section 31-22-30 and inserting:
/ Section 31-22-30. (A) A local government, including a municipality or county, may create and operate an LHTF or RHTF by ordinance, or join an existing trust fund to implement either a local or regional program for affordable housing as defined in this chapter. A local government may jointly form a regional housing trust fund by ordinance. A regional housing trust fund created under this chapter is subject to the same requirement and has the same power as a local housing trust fund created by an individual local government.
(B) A local government that creates a LHTF or RHTF may finance the LHTF or RHTF with money available to the local government through its budgeting authority unless expressly prohibited by the law
(1) donations;
(2) bond proceeds; and
(3) grants and loans from a state, federal, or private source.
The local government may alter a source of funding for the LHTF or RHTF by amending the ordinance that establishes financing for the LHTF or RHTF, but only if sufficient funds exist to cover the projected debts or expenditures authorized by the LHTF or RHTF in its budget. This chapter does not create, grant, or confer a new or additional tax or revenue authority to a local government or political subdivision of the State unless otherwise provided by the law of this State.
(C) A local government operating a LHTF or RHTF shall safeguard the fund in the same manner as the general fund or a separate utility fund established for specific purposes. The LHTF or RHTF may be included in the required financial expense reports or annual audit for each local government.
(D) A local government operating a LHTF or RHTF may allocate funds to a program that promotes the development or rehabilitation of affordable housing as defined in this chapter. Regarding the distribution of funds from an a LHTF or RHTF, preference must be given to a program or project that promotes the development or rehabilitation of affordable housing for an individual or family with an annual income at or below fifty percent of the median income for the local area, adjusted for family size according to current data from HUD, the development or rehabilitation of special needs housing, or the development or rehabilitation of homeless housing.
(E) LHTF or RHTF funds may be used to match other funds from federal, state, or private resources, including the State Housing Trust Fund. A local government should seek additional resources for housing programs and projects to the maximum extent practicable. A local government should administer its housing trust fund through new or existing nonprofit organizations to encourage private charitable donation to the funds. Where a LHTF or RHTF receives such a donation, the donation must be used and accounted for in accordance with the provisions of this chapter.
(F) A LHTF or RHTF established, utilized, or funded under this act must provide an annual report to the local government that created the fund. The local government shall require the LHTF or RHTF to provide an accounting of its funds each year. This report must be made
Amend the bill further, as and if amended, by adding a new Section 31-22-35 immediately after Section 31-22-30 to read:
/ Section 31-22-35. Any LHTF or RHTF existing on the effective date hereof shall not be required to alter the existing terms of its governing documents, provided, however, that any alteration or amendment to such governing documents must conform to the provisions of this act. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER 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.
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
The Concurrent Resolution was adopted, ordered returned to the House.
S. 312 (Word version) -- Senators Martin, Hayes, Drummond, Thomas, Verdin, Vaughn, Mescher, Cromer, Elliott, Anderson, Sheheen, Reese, O'Dell, Alexander and Short: A BILL TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO REVISE THE DEFINITIONS BY DELETING THE DEFINITION OF "AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER", BY DELETING THAT THE "MUNICIPALITY" MUST HAVE OWNERSHIP OF A SYSTEM OR FACILITIES FOR THE GENERATION, TRANSMISSION, OR DISTRIBUTION OF ELECTRIC POWER AND ENERGY FOR AT LEAST TEN YEARS, TO DELETE THE REQUIREMENT THAT ALL MEMBERS OF A JOINT AGENCY MUST BE LOCATED WITHIN THE AREA GENERALLY SERVED BY THE SAME ELECTRIC SUPPLIER, AND TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN ELECTRIC SUPPLIER GENERALLY SERVING THE AREA IN WHICH THE MEMBERS ARE LOCATED.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 348 (Word version) -- Senators Hutto and Land: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST SIX AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND MUST ALSO MEET AGE REQUIREMENTS SPECIFIC TO THE VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE
On motion of Senator KNOTTS, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
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 DIVISION; TO AMEND TITLE 42, RELATING TO WORKERS' COMPENSATION, TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS AND EVENTS FROM "PERSONAL INJURY" AND "ACCIDENT", TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE AND TO PROVIDE NOTICE AND FILING PROVISIONS, TO ADD CERTAIN EXEMPTIONS, TO LIMIT THE DISABILITY AWARD IN CERTAIN SITUATIONS, TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR THE RELEASE OF MEDICAL RECORDS, TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT, TO PROVIDE NOTICE PROVISIONS, AND TO INCREASE THE NUMBER OF WEEKS TO ONE
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson * Fair Ford Gregory Grooms Hawkins Hayes Hutto * Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore Patterson Pinckney Rankin Reese Ritchie Scott Setzler Sheheen * Short Thomas Williams
Bryant Campsen O'Dell Peeler Ryberg 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 read the third time, passed and ordered sent to the House of Representatives.
Senator MARTIN spoke on the Bill.
Senator McCONNELL spoke on the Bill.
On motion of Senators ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, THOMAS, VAUGHN, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of our colleague and friend, Senator WILLIAM C. "BILL" MESCHER of Moncks Corner, S.C.
At 2:10 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 3:00 P.M. under the provisions of Rule 1B.
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