SENATE JOURNAL 01/18/2007 - South Carolina Legislature Online

South Carolina General Assembly
117th Session, 2007-2008
Journal of the Senate

Thursday, January 18, 2007
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 10:00 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 Micah's profound declaration:

"He [the Lord God] has told you, O mortal, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?" (Micah 6:8)

Bow with me in prayer, please:

O God, your expectations of all who serve in this esteemed body are so very great indeed! How can we possibly be the servants you require us to be? Many would suggest that we follow the lead of that individual born on tomorrow's date in 1807. Robert E. Lee-a man with a heart for peace-ultimately fought for that which he courageously held dear. May we, too, ever be known as individuals ready to give our all for everyone in your Kingdom as we currently experience it here in South Carolina, dear Lord-doing justice, loving kindness, and walking humbly with you.
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Local Appointment

Initial Appointment, Dillon County Board of Voter Registration, with term to commence April 30, 2006, and to expire April 30, 2008

Melissa Thompson, 602 Parsonage Road, Lake View, S.C. 29536 VICE Jean Thompson

S. 236--CO-SPONSOR ADDED

S. 236 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-31 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE GLASS REPAIR BUSINESS THAT ADMINISTERS INSURANCE CLAIMS FOR MOTOR VEHICLE GLASS REPAIRS TO HAVE AN INSURED'S GLASS REPAIR BUSINESS REFERRED TO ITSELF OR TO USE INFORMATION TO SOLICIT BUSINESS.

On motion of Senator WILLIAMS, with unanimous consent, the name of Senator WILLIAMS was added as a co-sponsor of S. 236.

S. 153--CO-SPONSOR ADDED

S. 153 (Word version) -- Senators McConnell, Leatherman, Campsen, Vaughn, Ryberg, Richardson, Hayes, Knotts, Elliott and Cleary: A BILL TO RATIFY AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; AND TO RATIFY AN AMENDMENT TO SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A METHOD OF VALUATION FOR ASSESSMENT OF REAL PROPERTY WITHIN THE STATE; AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 153.

S. 154--CO-SPONSOR ADDED

S. 154 (Word version) -- Senators Hawkins, Campsen, Vaughn, Ryberg, Hayes, Knotts and Elliott: A BILL TO RATIFY AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15 SO AS TO PROVIDE THAT MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT IS VALID OR RECOGNIZED IN THIS STATE AND TO PROVIDE THAT THE STATE OR ITS POLITICAL SUBDIVISIONS MAY NOT CREATE ANY OTHER DOMESTIC UNION AND MAY NOT RECOGNIZE A DOMESTIC UNION CREATED BY ANOTHER JURISDICTION.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 154.

S. 155--CO-SPONSOR ADDED

S. 155 (Word version) -- Senators Campsen, McConnell, Leatherman, Gregory, Elliott, Rankin, Vaughn, Ryberg, Courson, Richardson, Hayes, Mescher, Ritchie, Knotts and Cleary: A BILL TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY MUST NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE; EXCEPT THAT IN THE INSTANCE OF THE EXERCISE OF EMINENT DOMAIN FOR THE LIMITED PURPOSE OF REMEDYING BLIGHT, THE GENERAL ASSEMBLY MAY PROVIDE FOR THE PRIVATE USE OF CONDEMNED PROPERTY UNDER CERTAIN CONDITIONS; AND TO RATIFY AMENDMENTS TO SECTION 17, ARTICLE I, AND SECTION 5, ARTICLE XIV, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER, CHEROKEE, SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES, SO AS TO DELETE THOSE PROVISIONS.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 155.

S. 156--CO-SPONSOR ADDED

S. 156 (Word version) -- Senators Campsen, McConnell, Leatherman, Vaughn, Courson, Hayes, Richardson, Ritchie, McGill, Knotts and Elliott: A BILL TO RATIFY AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS BY A MAJORITY VOTE OF THE RECEDING BODY OR FOR MORE THAN THIRTY DAYS BY A TWO-THIRDS VOTE OF THE RECEDING BODY, TO PROVIDE THAT EACH BODY MAY PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT CONSIDERS APPROPRIATE AND TO AUTHORIZE AN ORGANIZATIONAL SESSION FOLLOWING THE ELECTION OF SENATORS; AND TO RATIFY AN AMENDMENT TO ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 156.

S. 157--CO-SPONSOR ADDED

S. 157 (Word version) -- Senators McConnell, Vaughn, Campsen, Courson, Richardson, Hayes, Mescher, McGill, Knotts, Elliott, Cleary and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA TEACHER PROTECTION ACT OF 2007", BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A TEACHER MAY BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS A CRIMINAL OFFENSE AGAINST THE TEACHER IF THE OFFENSE OCCURS ON SCHOOL GROUNDS OR AT A SCHOOL-RELATED EVENT, OR IF THE OFFENSE IS DIRECTLY RELATED TO THE TEACHER'S PROFESSIONAL RESPONSIBILITIES, AND TO PROVIDE THAT NO TEACHER HAS CIVIL LIABILITY TO A STUDENT OR TO A PARTY ACTING IN THE INTEREST OF THE STUDENT FOR AN ACT OR OMISSION BY THE TEACHER THAT OCCURS WHILE THE TEACHER IS ACTING ON BEHALF OF THE SCHOOL; AND TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 157.

S. 101--CO-SPONSOR ADDED

S. 101 (Word version) -- Senators McConnell, Courson, Martin, Campsen, Richardson, Cleary and Leatherman: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 37, SO AS TO PROVIDE THAT THE SENATE MUST ELECT FROM AMONG ITS MEMBERS A PRESIDENT OF THE SENATE TO PRESIDE OVER THE SENATE AND TO PERFORM OTHER DUTIES AS PROVIDED BY LAW; PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE PRESIDENT PRO TEMPORE OF THE SENATE, SO AS TO DELETE SECTION 9 WHICH PROVIDES THAT THE SENATE MUST CHOOSE A PRESIDENT PRO TEMPORE AND WHICH ALSO PROVIDES THAT A MEMBER OF THE SENATE ACTING AS LIEUTENANT GOVERNOR VACATES HIS SEAT AND ANOTHER PERSON IS ELECTED IN HIS STEAD; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE LIEUTENANT GOVERNOR AS PRESIDENT OF THE SENATE, BY DELETING SECTION 10 WHICH PROVIDES THAT THE LIEUTENANT GOVERNOR IS THE PRESIDENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 12, ARTICLE IV, RELATING TO THE DISABILITY OF THE GOVERNOR, SO AS TO PROVIDE THAT IF BOTH THE ATTORNEY GENERAL AND THE STATE TREASURER TRANSMIT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES A WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE, THE LIEUTENANT GOVERNOR MUST ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR; PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, RELATING TO THE QUALIFICATIONS OF JUSTICES AND JUDGES, SO AS TO DELETE AN OBSOLETE PARAGRAPH WHICH PROVIDES FOR CERTAIN QUALIFICATIONS OF SITTING JUSTICES AND JUDGES; PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, OR CIRCUIT COURT, SO AS TO PROVIDE THAT A VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE VI, RELATING TO THE OATH OF OFFICE FOR EXECUTIVE OFFICERS, SO AS TO DELETE MEMBERS OF THE GENERAL ASSEMBLY FROM THE SECTION AND TO MAINTAIN OATHS FOR MEMBERS OF THE GENERAL ASSEMBLY UNDER ARTICLE III, SECTION 26.

On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 101.

Statement by Senator McGILL

Senator McGILL was pleased to introduce Mrs. Lucille Scott, Senior of the Day, from Willliamsburg County.

Doctor of the Day

Senator LEATHERMAN introduced Dr. William Hester of Florence, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 292 (Word version) -- Senators Sheheen, Malloy and Lourie: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE GRADY L. PATTERSON, JR., OF RICHLAND COUNTY FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS STATE TREASURER, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 293 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION URGING THE SOUTH CAROLINA CONGRESSIONAL DELEGATIONS, AND THE UNITED STATES SOCIAL SECURITY ADMINISTRATION TO IMMEDIATELY PROVIDE A FULL-TIME, SUITABLY EQUIPPED AND STAFFED SOCIAL SECURITY OFFICE IN CHEROKEE COUNTY FOR THE WELFARE AND BENEFIT OF ITS CITIZENS.
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The Concurrent Resolution was introduced and referred to the General Committee.

S. 294 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-8303, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFENSES COMMITTED BY JUVENILES FOR WHICH RELEASE FROM THE DEPARTMENT OF JUVENILE JUSTICE IS DETERMINED BY THE BOARD OF JUVENILE PAROLE OR THE DEPARTMENT, SO AS TO CLARIFY THAT RELEASE FOR THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE MUST BE DETERMINED BY THE BOARD; AND TO AMEND SECTION 20-7-8305, AS AMENDED, RELATING TO REVIEW AND RELEASE PROCEDURES FOR THE BOARD AND DEPARTMENT, SO AS TO PROVIDE THAT THE STATUTORY PROCEDURES APPLY TO THE BOARD AND THAT THE DEPARTMENT SHALL ESTABLISH POLICIES AND PROCEDURES GOVERNING ITS REVIEW AND RELEASE PROCEDURES.
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Read the first time and, on motion of Senator FAIR, with unanimous consent, the Bill was referred to the Committee on Corrections and Penology.

S. 295 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-80 SO AS TO PROVIDE THAT AN EMPLOYEE OF THE STATE MAY ATTEND CLASSES FOR CREDIT OR NONCREDIT PURPOSES ON A SPACE-AVAILABLE BASIS WITHOUT THE REQUIRED PAYMENT OF TUITION; AND TO REPEAL SECTION 59-111-15 RELATING TO TUITION ASSISTANCE FOR PERMANENT FACULTY AND STAFF.
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Read the first time and referred to the Committee on Education.

S. 296 (Word version) -- Senator Short: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO ASSISTANT SOLICITORS AND TO CLARIFY A REFERENCE.
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Read the first time and referred to the Committee on Finance.

S. 297 (Word version) -- Senator Peeler: 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.
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Read the first time and referred to the Committee on Medical Affairs.

S. 298 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-105 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE MUST BE ELECTED TO OFFICE BY THE GENERAL ASSEMBLY, FOR A TERM OF FOUR YEARS; TO AMEND SECTION 1-30-10, RELATING TO THE VARIOUS FORMS OF GOVERNING AUTHORITIES OF DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL HAVE A DIRECTOR ELECTED BY THE GENERAL ASSEMBLY; TO AMEND SECTION 38-1-20, AS AMENDED, RELATING TO DEFINITIONS UNDER INSURANCE LAWS OF THIS STATE, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITION OF "DIRECTOR" OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-3-10, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND INSURANCE COMMISSION, SO AS TO PROVIDE THE DIRECTOR IS ELECTED BY THE GENERAL ASSEMBLY RATHER THAN APPOINTED, AND TO MAKE THE DIRECTOR SUBJECT TO REMOVAL FROM OFFICE AS PROVIDED BY LAW FOR OTHER EXECUTIVE DEPARTMENT OFFICERS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 299 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STUDENT POSSESSION OF PAGING DEVICES, SO AS TO PROVIDE THAT A STUDENT MAY NOT POSSESS A PAGING DEVICE WHILE ON SCHOOL PROPERTY DURING NORMAL SCHOOL HOURS.
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Read the first time and referred to the Committee on Education.

S. 300 (Word version) -- Senators Elliott, Knotts, Land, McGill, Williams and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-69-75 SO AS TO PERMIT THE SELLING AND DISPENSING BY PRESCRIPTION OF CONTROLLED VETERINARY PHARMACEUTICALS AND DRUGS OVER THE INTERNET THROUGH "VERIFIED INTERNET PHARMACY PRACTICE SITES" AS SO DESIGNATED BY THE NATIONAL ASSOCIATION OF BOARDS OF PHARMACY.
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Read the first time and referred to the Committee on Medical Affairs.

S. 301 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-142 SO AS TO PROHIBIT RETAIL FOOD ESTABLISHMENTS FROM PREPARING, SERVING, OR OTHERWISE PROVIDING FOOD CONTAINING TRANS FATS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASCERTAIN THE USE OF TRANS FATS WHEN INSPECTING RETAIL FOOD ESTABLISHMENTS, AND TO PROVIDE A CIVIL FINE FOR VIOLATIONS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 302 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SADNESS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY ON THE DEATH OF STEPHEN POTTS BATES OF COLUMBIA AND EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY, MANY FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3298 (Word version) -- Reps. Hosey, Alexander, Brantley, R. Brown, Cato, Chalk, Clyburn, Gullick, Hardwick, Hodges, Jefferson, Jennings, Knight, Limehouse, Lowe, Neilson, Parks, Scarborough, Sellers, G. R. Smith, Spires, Stavrinakis, Weeks and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SOUTH CAROLINA AFRICAN AMERICAN HERITAGE COMMISSION FOR ITS OUTSTANDING WORK IN PROMOTING AND PRESERVING THE AFRICAN AMERICAN CULTURE AND EXPERIENCE.

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

H. 3307 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE WACCAMAW HIGH SCHOOL LADY WARRIORS GIRLS TENNIS TEAM FOR THEIR OUTSTANDING SEASON AND FOR CAPTURING THE CLASS A-AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THESE EXCEPTIONAL PLAYERS, COACHES, AND STAFF.

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

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

SECOND READING BILLS

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

S. 152 (Word version) -- Senators Alexander, McConnell, Leatherman, Campsen, Vaughn, Ryberg, Richardson, Hayes, Mescher, Knotts, Elliott and Cleary: A BILL TO RATIFY AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE, INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM; AND TO RATIFY AN AMENDMENT TO SECTION 16, ARTICLE X, SO AS TO ELIMINATE THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

POINTS OF ORDER

S. 284 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO THE ADJUTANT GENERAL'S TITLE AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.

S. 285 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMPTROLLER GENERAL SHALL BE NOMINATED BY THE GOVERNOR, APPROVED BY UNANIMOUS VOTE OF THE GOVERNOR, THE STATE TREASURER, THE CHAIRMAN OF THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE.

S. 286 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

S. 287 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMMISSIONER OF AGRICULTURE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.

S. 288 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SECRETARY OF STATE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SECRETARY OF STATE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.

Point of Order

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

The PRESIDENT sustained the Point of Order.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Dillon County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Dillon County Board of Voter Registration, with term to commence April 30, 2006, and to expire April 30, 2008

Melissa Thompson, 602 Parsonage Road, Lake View, S.C. 29536 VICE Jean Thompson

MOTION ADOPTED

On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Danny McDaniel, Fire Chief and City Administrator of Blacksburg, S.C.

ADJOURNMENT

At 10:20 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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