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 the second chapter of Zechariah we read:

"I looked up and saw a man with a measuring line in his hand. Then I asked, 'Where are you going?' He answered me, 'To measure Jerusalem, to see what is its width and what is its length'."
(Zechariah 2:1-2)

Let us pray:

We frequently wonder whether things we say and do truly "measure up," O Lord. Are we serving here as the faithful, honorable servants You would have us to be? Dear God, give us the courage to stand firmly for those things we know to be true, to seek to meet those goals we are confident are for the greatest good. May it be so that all of us in this Senate Chamber indeed measure up in the manner You expect of us. Also, Lord, today we lift up to You the victims of the weekend's tragic storms, as well as those resulting from the terrible barrages of gunfire on the campus of Virginia Tech. Be with everyone who has experienced heartbreaking loss; bestow Your mercy and peace. In Your holy name we pray, Lord.
Amen.

The members of the Senate stood for a moment of silence in honor and memory of those students who were injured and killed in a tragic shooting on the campus of Virginia Tech University.

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:

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2005, and to expire June 30, 2008

At-Large:

Henry Horowitz, 401 North Main Street, Greenville, S.C. 29601 VICE Carrie B. Brown

Referred to the Committee on Education.

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2004, and to expire June 30, 2008

2nd Congressional District:

Chester D. Palmer, 2889 Windmill Way, Orangeburg, S.C. 29118 VICE Virginia Austin Allen

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2005, and to expire June 30, 2009

At-Large:

Chief Louie C. Chavis, 125 May Morning Drive, Lexington, S.C. 29073 VICE Jerry Finney

Referred to the Committee on Judiciary.

Reappointment, South Carolina Real Estate Commission, with term to commence June 30, 2007, and to expire June 30, 2011

Public:

R. Scott Moseley, Irmo Insurance Agency, Inc., P. O. Box 1047, Irmo, S.C. 29063

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Board of Real Estate Appraisers, with term to commence May 31, 2007, and to expire May 31, 2010

Appraiser - General:

Terrence P. O'Brien, 102 Metro Drive, Spartanburg, S.C. 29303

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2005, and to expire July 27, 2008

3rd Congressional District:

John R. Hamrick, John Hamrick Real Estate, 896 N. Walnut Street, Seneca, S.C. 29678 VICE Thomas C. Clark

Referred to the Committee on Labor, Commerce and Industry.

Due to the vacancy caused by the untimely passing of Senator WILLIAM C. MESCHER who served as Chairman of the Labor, Commerce and Industry Committee and pursuant to Rule 19(E) of the Senate Rules, the following members are designated as Chairmen of the Standing Committees listed below.

AGRICULTURE COMMITTEE
Senator Daniel B. Verdin

LABOR, COMMERCE AND INDUSTRY COMMITTEE
Senator W. Greg Ryberg

TRANSPORTATION COMMITTEE
Senator Lawrence K. Grooms

The following was received and referred to the appropriate committee for consideration:

Document No. 3113
Agency: Department of Health and Environmental Control
SUBJECT: Solid Waste Management
Received by Lieutenant Governor April 17, 2007
Referred to Medical Affairs Committee
Legislative Review Expiration March 16, 2008

The following was received:

Senator VAUGHN introduced Dr. Theodore A. Watson of Anderson, S.C., Doctor of the Day.

Senator CLEARY rose for an Expression of Personal Interest.

S. 620 (Word version) -- Senators Knotts, Cromer, Ford, Land, Scott, Elliott and Patterson: A SENATE RESOLUTION TO URGE THE ATTORNEY GENERAL OF THE UNITED STATES AND THE FEDERAL COMMUNICATIONS COMMISSION TO OPPOSE THE PROPOSED MERGER OF THE ONLY TWO SATELLITE RADIO PROVIDERS OPERATING IN THE UNITED STATES.

On motion of Senator LEVENTIS, the name of Senator LEVENTIS was added as a co-sponsor of S. 620.

S. 656 (Word version) -- Senators Leatherman, Moore, Leventis, McGill, Cleary, Setzler and Elliott: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE STATE SALES AND USE TAX AND THE SPECIAL THREE PERCENT SALES AND USE TAX IMPOSED ON UNPREPARED FOOD, SO AS TO REDUCE THIS SPECIAL RATE ON UNPREPARED FOOD FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JANUARY 1, 2008, TO DELETE AN OBSOLETE PROVISION, AND TO REDUCE THIS TWO PERCENT RATE IN INCREMENTS OF ONE-HALF OF ONE PERCENTAGE POINT IF THE FEBRUARY FIFTEENTH FORECAST OF ANNUAL GENERAL FUND GROWTH FOR THE UPCOMING FISCAL YEAR EQUALS AT

On motion of Senator LAND, with unanimous consent, the name of Senator LAND was added as a co-sponsor of S. 656.

S. 561 (Word version) -- Senators Thomas and Hawkins: 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 DRUMMOND, with unanimous consent, the name of Senators DRUMMOND and WILLIAMS were added as co-sponsors of S. 561.

The following were introduced:

S. 673 (Word version) -- Senator Courson: A SENATE RESOLUTION THANKING THE NATIONAL SOCIETY OF THE COLONIAL DAMES IN THE STATE OF SOUTH CAROLINA FOR THEIR DEDICATION TO THE PRESERVATION AND RESTORATION OF COLONIAL BUILDINGS, ARTIFACTS, AND MANUSCRIPTS, THEIR COMMITMENT TO HONORING THE MEMORY OF OUR HEROIC ANCESTORS, AND THEIR ENCOURAGEMENT OF KNOWLEDGE AND INTEREST IN COLONIAL HISTORY.
l:\s-res\jec\012colo.mrh.doc

The Senate Resolution was adopted.

S. 674 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE COLUMBIA'S ZION CHAPEL BAPTIST CHURCH ON THE OCCASION OF ITS ONE HUNDRED THIRTY-FIFTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR ITS SERVICE TO THE COMMUNITY.
l:\council\bills\pb\27012dw07.doc

The Senate Resolution was adopted.

S. 675 (Word version) -- Senators Knotts, Thomas, Bryant, Vaughn and Scott: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OFFICERS AND CONSTABLES, SO AS TO AUTHORIZE UTILITY POLICE OFFICERS, DEFINE TERMS RELATED TO INCLUDING UTILITY POLICE OFFICERS IN THE ARTICLE, AND TO PROVIDE A PROCEDURE FOR THE APPOINTMENT OF UTILITY POLICE OFFICERS.
l:\council\bills\ms\7254ahb07.doc

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

S. 676 (Word version) -- Senator Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-380 SO AS TO PROVIDE THE REQUIREMENTS FOR A PERSON TO PRACTICE SURGICAL TECHNOLOGY AND TO PROVIDE AN EXCEPTION; AND BY ADDING SECTION 44-7-385 SO AS TO PROVIDE THAT AN OPERATING ROOM CIRCULATOR MUST BE A REGISTERED NURSE, AND TO PROVIDE THE CONDITIONS UNDER WHICH A SURGICAL TECHNOLOGIST MAY ASSIST IN PERFORMING OPERATING ROOM CIRCULATION DUTIES.
l:\council\bills\nbd\11538ac07.doc

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

S. 677 (Word version) -- Senator Sheheen: A SENATE RESOLUTION TO ENDORSE THE PROPOSED WESTERN ROUTE OF THE NORTHERN I-73 CORRIDOR THROUGH MARLBORO COUNTY AND FURTHER ENCOURAGE THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO STRONGLY CONSIDER THE ECONOMIC BENEFITS AND INCREASED

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

S. 678 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT THE COURT MAY ORDER TERMINATION OF PARENTAL RIGHTS IF THE INSTITUTIONALIZATION OF A PARENT, INCLUDING INCARCERATION, RENDERS IT IMPROBABLE FOR THE PARENT TO CARE FOR THE CHILD FOR AN EXTENDED PERIOD OF TIME AND IF THE COURT FINDS THAT TERMINATION IS IN THE BEST INTEREST OF THE CHILD.
l:\council\bills\nbd\11524ac07.doc

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

S. 679 (Word version) -- Senators Knotts and Setzler: A BILL TO AMEND SECTION 56-3-2345, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ISSUANCE OF ANTIQUE DEALER LICENSE PLATES, SO AS TO REDUCE THE NUMBER OF SALES OF ANTIQUE MOTOR VEHICLES THAT MUST BE MADE BY A DEALER BEFORE HE MAY BE ISSUED AN ANTIQUE DEALER LICENSE PLATE.
l:\council\bills\swb\5260cm07.doc

Senator KNOTTS spoke on the Bill.

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

S. 680 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO EXTEND THE WARMEST CONGRATULATIONS OF THE SOUTH CAROLINA SENATE TO MR. NICHOLAS SMITH ON THE CELEBRATION OF HIS FOURTEENTH AND FINAL SEASON OF REMARKABLE AND DISTINGUISHED SERVICE AS MUSIC DIRECTOR AND CONDUCTOR OF THE SOUTH CAROLINA PHILHARMONIC ORCHESTRA, TO COMMEND HIM AND EXPRESS DEEP APPRECIATION TO HIM FOR HIS DEDICATION TO EXCELLENCE IN MUSICIANSHIP AND HIS SUPPORT OF

The Senate Resolution was adopted.

S. 681 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO CONGRATULATE AND HONOR BETHUNE-BOWMAN MIDDLE SCHOOL OF ORANGEBURG CONSOLIDATED SCHOOL DISTRICT 5 ON RECEIVING THE COVETED 2007 PALMETTO SILVER AWARD.
l:\council\bills\rm\1179dw07.doc

The Senate Resolution was adopted.

S. 682 (Word version) -- Senators Knotts, Setzler, Courson, Hutto and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. JOHN N. HARDEE, OF RICHLAND COUNTY FOR HIS DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA AS A MEMBER OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSION.
l:\council\bills\rm\1175sd07.doc

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

S. 683 (Word version) -- Senators Leatherman and Malloy: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2007.
l:\s-res\hkl\010nasc.kmm.doc

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

S. 684 (Word version) -- Senators Leventis, Sheheen, Hutto, Malloy, Williams, McGill, Anderson, Knotts, Verdin, Bryant, Drummond, Vaughn and Patterson: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA ENERGY OFFICE AND THE OFFICE OF REGULATORY STAFF SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY NOT LATER THAN OCTOBER 1, 2007, THAT RECOMMENDS PROCESS AND PROCEDURES FOR ESTABLISHING NET METERING PROGRAMS AT ALL

Senator LEVENTIS spoke on the Resolution.

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

H. 3256 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 38-57-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADVERTISING GIFTS GIVEN BY INSURANCE AGENTS TO INSUREDS AND OTHERS, SO AS TO INCREASE FROM FIVE TO TWENTY-FIVE DOLLARS THE VALUE OF MERCHANDISE OR AN ARTICLE WHICH MAY BE GIVEN.

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

H. 3304 (Word version) -- Reps. J. M. Neal, McLeod, Branham, Chalk, Frye, Gambrell, Littlejohn, Lucas, Mulvaney, Neilson, Rice, Spires, Viers and Agnew: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.

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

H. 3428 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND CHAPTER 28 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS

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

H. 3762 (Word version) -- Reps. Herbkersman, Agnew, Bingham, Ceips, Cobb-Hunter, Cooper, Funderburk, Gambrell, Harvin, Hayes, Hinson, Jennings, Merrill, J. H. Neal, Ott and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-155 SO AS TO ESTABLISH AN ACCOUNT IN THE STATE TREASURY CONSISTING OF SALES AND USE TAX REVENUES ATTRIBUTABLE TO THE DELETION OF AN EXEMPTION AND TO PROVIDE THAT THIS REVENUE MUST BE DISTRIBUTED UPON APPLICATION TO COASTAL MUNICIPALITIES AND COUNTIES AND USED TO MAINTAIN SALT WATER QUALITY IN SAA WATERS NEAR CHANNELS USED BY SHIPS IN INTERCOASTAL TRADE AND FOREIGN COMMERCE; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL, LUBRICANTS, AND SUPPLIES USED ON SHIPS IN INTERCOASTAL TRADE OR FOREIGN COMMERCE.

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

H. 3868 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO HONOR MR. WILLIAM B. "BILL" DUKES, OF LEXINGTON COUNTY, FOR HIS NUMEROUS AND INVALUABLE CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND TO COMMEND HIM FOR HIS LIFELONG COMMITMENT TO HIS FAMILY, CHURCH, AND COMMUNITY.

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

H. 3877 (Word version) -- Reps. Toole, Ballentine, Bingham, Frye, Haley, Huggins, McLeod, Ott, E. H. Pitts, Spires, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, 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,

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

H. 3884 (Word version) -- Rep. Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. KELLEY VARNER, OF NORTH CAROLINA, FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS A MINISTER OF GOD.

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

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

The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

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.

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

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 EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

S. 391 (Word version) -- Senators Knotts, Elliott, Grooms, Drummond, Ford, Anderson, McGill and Mescher: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY

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

The Judiciary Committee proposed the following amendment (JUD0391.001), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 3-5 in their entirety and inserting:

/   SECTION   3.   Section 17-5-520 of the 1976 Code is amended to read:

"Section 17-5-520.   (A)   In addition to the powers vested in other law enforcement officials to order an autopsy, the coroner or medical examiner is authorized to determine that an autopsy be made.

(B)   The coroner or medical examiner shall immediately request an autopsy if a child's death occurs as defined in Section 17-5-540. The autopsy must be performed as soon as possible by a pathologist with forensic training."

SECTION   4.   Section 20-7-5915(B)(1) and (3) of the 1976 Code, as last amended by Act 73 of 2001, is further amended to read:

"(B)   To achieve its purpose, the department shall:

(1)   upon receipt of a report of a child death from the county coroner or medical examiner, as required by Section 17-5-540, investigate and gather all information on the child fatality. The coroner or medical examiner shall immediately must request an autopsy if SLED determines that an autopsy is necessary. The autopsy must be performed by a pathologist with forensic training as soon as possible. The forensic pathologist must shall inform the department of the

(3)   upon receipt of additional investigative information, reopen a SLED case, and request in writing as soon as possible for the coroner to reopen a case for another coroner's inquest;"

SECTION   5.   Section 20-7-5920(B)(1) of the 1976 Code, as last amended by Act 73 of 2001, is further amended to read:

"(B)   To achieve its purpose, the committee shall:

(1)   meet with the department no later than one month after the department receives notification by the county coroner or medical examiner pursuant to Section 17-5-540 to review the investigation of the death;. The Child Fatality Advisory Committee shall notify the county coroner or medical examiner about the review meeting and request that the county coroner or medical examiner attend the review meeting;"   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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. 3115 (Word version) -- Rep. Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.

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

The Judiciary Committee proposed the following amendment (JUD3115.003), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 25-28 in Section 6-11-325, as contained in SECTION 1, and inserting therein:

/   "Section 6-11-325.   Notwithstanding another provision of law, a special purpose district which only provides sewage collection and disposal may use any method of financing authorized by law for the construction of sewer lateral collection lines within the district."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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. 369 (Word version) -- Senators Jackson, Lourie, Leventis, Hutto, Pinckney and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OR OCCUPANT OF A MOTOR VEHICLE TO SMOKE A TOBACCO PRODUCT WHILE A CHILD WHO IS LESS THAN TEN YEARS OLD IS ALSO AN OCCUPANT OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.

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

Senator HAWKINS proposed the following amendment (369R001.JDH), which was adopted:

Amend the committee amendment, as and if amended, page 3, by striking Section 56-5-6480(A), and inserting:

/   Section 56-5-6480.   (A)   It is unlawful for a driver or occupant of a private or public passenger motor vehicle to smoke a tobacco product while a child ten years of age or younger is in the motor vehicle.   /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

The Judiciary Committee proposed the following amendment (JUD0369.003), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Article 47, Chapter 5, Title 56 of the 1976 Code is amended to read:

"Section 56-5-6410.   Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) operated on the highways and streets of this State when transporting a child five years of age or younger upon the public streets and highways of the State must provide an appropriate child passenger restraint system and must secure the child as follows:

(1)   A child from birth up to one year of age or who weighs less than twenty pounds must be properly secured in a rear-facing child safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2)   A child who is at least one year of age but less than six years of age and who weighs at least twenty pounds but less than forty pounds must be secured in a forward-facing child safety seat provided in the motor vehicle which meets the standards prescribed by the National Highway Traffic Safety Administration.

(3)   A child who is at least one year of age but less than six years of age and who weighs at least forty pounds but not more than eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.

(4)   If a child is at least one year of age but less than six years of age and weighs more than eighty pounds, the child may be restrained in an adult safety belt. If a child less than six years of age can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.

(5)   A child who is less than six years of age must not occupy a front passenger seat of a motor vehicle. This restriction does not apply if the motor vehicle does not have rear passenger seats or if all rear passenger seats are occupied by other children less than six years of age.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article.

Section 56-5-6420.   If all the seating positions with restraint devices are occupied by children under the age of six years, a child may be transported and the driver of the motor vehicle is not in violation of the provisions of this article Section 56-5-6410, but priority must be given to children under the age of six years, according to their ages.

Section 56 -5-6440.   The provisions of this article Section 56-5-6410 do not apply to:

(1)   taxi drivers.;

(2)   drivers of emergency vehicles when operating in an emergency situation.;

(3)   church, day care, and school bus drivers.;

(4)   public transportation operators.; and

(5)   commercial vehicles.

Section 56-5-6445.   The provisions of this article Section 56-5-6410 apply to all motor vehicles equipped with safety belts.

Section 56-5-6450.   A person who violates the provisions of this article Section 56-5-6410, upon conviction, must be fined not more than one hundred fifty dollars. The court shall waive the fine against a person who, before, or upon the appearance date on the summons, supplies the court with evidence of acquisition, purchase, or rental of a child restraint system meeting the requirements of this article Section 56-5-6410.

Section 56-5-6460.   A violation of this article Section 56-5-6410 shall not constitute negligence, per se, contributory negligence nor be admissible as evidence in any trial of any civil action.

Section 56-5-6470.   After June 30, 1984, any person violating the provisions of Article 47 of Chapter 5 of Title 56 may be, when apprehended, issued a summons, to appear in court for the violation, but no person shall at any time be placed under arrest or taken into custody for such a violation, other than upon a warrant issued for failure to appear in court in accordance with the summons or upon failure to pay a fine duly imposed by a court upon conviction.

Section 56-5-6480.   (A)   It is unlawful for a driver or occupant of a private or public passenger motor vehicle to smoke a tobacco product while a child is seated in a passenger restraint system located in the motor vehicle.

(B)   A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."           /

Renumber sections to conform.

Amend title to conform.

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. 581 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ON STATE HIGHWAY 45 THAT CROSSES WAMBAW CREEK APPROXIMATELY SIX MILES NORTH OF UNITED STATES HIGHWAY 17 AT THE CHARLESTON AND BERKELEY COUNTY LINE NEAR MCCLELLANVILLE AS "THE HILLS BRIDGE" IN MEMORY OF WILLIAM BECKETT HILLS AND IN HONOR OF MARIE SHAW HILLS AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HILLS BRIDGE".

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

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".

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

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

Senator MALLOY objected to further consideration of the Bill.

H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.

On motion of Senator MARTIN, with unanimous consent, the Resolution was carried over.

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.

On motion of Senator FAIR, with unanimous consent, the Bill was carried over.

S. 175 (Word version) -- Senators Elliott and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE THAT THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION SHALL CREATE AND OPERATE A STATEWIDE FIRST RESPONDER BUILDING MAPPING INFORMATION SYSTEM.

Senators RITCHIE and HUTTO spoke on the Bill.

On motion of Senator THOMAS, with unanimous consent, the Bill was carried over.

S. 94 (Word version) -- Senators Campsen, Knotts and Fair: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR AND REASONABLE DISCLOSURE BY THE OTHER SPOUSE.

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

Senator CAMPSEN proposed the following amendment (JUD0094.001), which was adopted:

Amend the bill, as and if amended, page 1, SECTION 1, by striking lines 25-33 in their entirety and inserting:

/   "Section 62-2-204.   (A)   The right of election rights of a surviving spouse and the rights of the surviving spouse to an elective share, homestead allowance, and exempt property, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver voluntarily signed by the party waiving party after fair and reasonable disclosures to the waiving party of the other party's property and financial obligations disclosure.     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

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

S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO ADD CHAPTER 28 TO TITLE 8 RELATING TO THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOM LAWS MEMORANDUM OF UNDERSTANDING, TO ADD CHAPTER 29 TO TITLE 8 RELATING TO THE VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROHIBIT CERTAIN WAGES FROM BEING CLAIMED AS A DEDUCTIBLE EXPENSE FOR STATE INCOME TAX PURPOSES, TO PROVIDE THAT TAX WITHHOLDING AGENTS MUST WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE COMPENSATION PAID UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS A FELONY TO KNOWINGLY TRANSPORT A PERSON WHO IS IN THE UNITED STATES ILLEGALLY, TO PROVIDE THAT ALL JAILS IN THIS STATE MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH CERTAIN CRIMES ARE LAWFULLY PRESENT IN THE UNITED STATES, TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED FOR ANOTHER PERSON WHO THE EMPLOYER KNEW WAS NOT LAWFULLY IN THE UNITED STATES, AND TO ADD CHAPTER 83 TO TITLE 40 RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES. (ABBREVIATED TITLE)

Senator MARTIN moved to make the Bill a Special Order.

The Bill was made a Special Order.

H. 3505 (Word version) -- Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood,

Senator MARTIN moved to make the Resolution a Special Order.

The Resolution was made a Special Order.

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

S. 280 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF INTERIOR

Returned with concurrence.

Received as information.

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 House returned the Bill with amendments.

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

On motion of Senator GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Marie Shaw Hills of McClellanville, S.C.

At 1:05 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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