Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:45 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
God's Word for us today comes from John the Apostle:
"Beloved, I am writing you no new commandment, but an old commandment that you have had from the beginning: the old commandment is the word that you have heard." (I John 2:7)
Let us pray:
O God, there is truly so little that is new under the sun. The commandments of old-the biblical record itself-the lessons of history-the truths that transcend time-they all exist to guide us and direct us. Forgive us for our occasions of human arrogance, dear Lord, whenever we fail to learn from the past. Above all, guide these leaders as they respond to the challenges and needs of our world today. Give them all courage; steel their determination to do those things that are noble and right. And enable each Senator through his or her decisions to bless and honor You and to bring about good results for the people of this State. In Your holy name we pray, Lord.
Amen.
At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT Pro Tempore 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:
H. 3932 (Word version) -- Reps. Delleney, W.D. Smith and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 23, 2007, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 5, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JULY 31, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2008, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES ON JUNE 30, 2014; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2009.
The PRESIDENT Pro Tempore of the Senate recognized Senator RITCHIE, Chairman of the Judicial Merit Selection Commission.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position of Justice, Supreme Court, Seat #5.
Senator RITCHIE, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Donald W. Beatty, the Honorable Kaye G. Hearn and the Honorable H. Bruce Williams had been screened and found qualified to serve.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Beatty:
Anderson Ford Hawkins Hutto Jackson Land Lourie Malloy Matthews Patterson Pinckney Reese Scott Sheheen Williams
The following named Senators voted for Judge Hearn:
Alexander Cleary Elliott Grooms Hayes Knotts Leatherman McGill Moore O'Dell Rankin Thomas Vaughn
The following named Senators voted for Judge Williams:
Bryant Campsen Courson Cromer Drummond Fair Martin McConnell Peeler Ritchie Ryberg Setzler Verdin
Representative Delleney asked unanimous consent for the members of the House to be granted leave to vote by electronic roll call.
Representative Merrill objected.
The Reading Clerk of the House called the roll of the House, and the members of the House voted viva voce as their names were called.
The following named Representatives voted for Judge Beatty:
Agnew Alexander Allen Anderson Anthony Bales Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chellis Clyburn Cobb-Hunter Coleman Cooper Davenport Delleney Funderburk Gambrell Govan Hart Harvin Haskins Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Knight Littlejohn Mack McLeod Miller Mitchell Moody-Lawrence Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Rutherford Sandifer Scott Sellers Shoopman F. N. Smith J. R. Smith W. D. Smith Talley Vick Walker Weeks Whipper White Williams Young
The following named Representatives voted for Judge Hearn:
Barfield Battle Bowers Brady Clemmons Edge Frye Gullick Hardwick Hayes Kirsh Limehouse Lowe Lucas Scarborough Simrill G. M. Smith Stavrinakis Thompson Umphlett Viers Witherspoon
The following named Representatives voted for Judge Williams:
Ballentine Bannister Bedingfield Bingham Bowen Chalk Cotty Crawford Dantzler Duncan Hagood Haley Hamilton Harrell Harrison Herbkersman Hinson Hiott Huggins Leach Loftis Mahaffey Merrill Mulvaney Owens Pinson E. H. Pitts M. A. Pitts Rice Skelton D. C. Smith G. R. Smith Spires Stewart Taylor Toole Whitmire
The following named Senator abstained from voting:
Short
Total number of Senators voting 41
Total number of Representatives voting 122
Grand Total 163
Necessary to a choice 82
Of which Judge Beatty received 78
Of which Judge Hearn received 35
Of which Judge Williams received 50
No candidate having received a majority vote, the PRESIDENT Pro Tempore ordered the General Assembly to proceed to a subsequent ballot.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Beatty:
Anderson Drummond Ford Hawkins Hutto Jackson Land Lourie Malloy Matthews Moore Patterson Pinckney Reese Scott Sheheen Williams
The following named Senators voted for Judge Hearn:
Alexander Cleary Elliott Hayes Knotts Leatherman McGill O'Dell Rankin Setzler Vaughn
The following named Senators voted for Judge Williams:
Bryant Campsen Courson Cromer Fair Grooms Martin McConnell Peeler Ritchie Ryberg Thomas Verdin
The following named Senator abstained from voting:
Short
Representative Rutherford asked unanimous consent for the members of the House to be granted leave to vote by electronic roll call.
Representative Ballentine objected.
The Reading Clerk of the House called the roll of the House, and the members of the House voted viva voce as their names were called.
The following named Representatives voted for Judge Beatty:
Agnew Alexander Allen Anderson Anthony Bales Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chellis Clyburn Cobb-Hunter Coleman Cooper Davenport Delleney Funderburk Gambrell Govan Hart Harvin Haskins Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Knight Littlejohn Mack McLeod Miller Mitchell Moody-Lawrence Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Rutherford Sandifer Scott Sellers Shoopman F. N. Smith J. R. Smith W. D. Smith Talley Vick Walker Weeks Whipper White Williams Young
The following named Representatives voted for Judge Hearn:
Barfield Battle Bowers Brady Clemmons Edge Gullick Hardwick Hayes Kirsh Limehouse Lowe Lucas Scarborough Simrill G. M. Smith Stavrinakis Thompson Umphlett Viers Witherspoon
The following named Representatives voted for Judge Williams:
Ballentine Bannister Bedingfield Bingham Bowen Chalk Cotty Crawford Dantzler Duncan Frye Hagood Haley Hamilton Harrell Harrison Herbkersman Hinson Hiott Huggins Leach Loftis Mahaffey Merrill Mulvaney Owens Pinson E. H. Pitts M. A. Pitts Rice Skelton D. C. Smith G. R. Smith Spires Stewart Taylor Toole Whitmire
Total number of Senators voting 41
Total number of Representatives voting 122
Grand Total 163
Necessary to a choice 82
Of which Judge Beatty received 80
Of which Judge Hearn received 32
Of which Judge Williams received 51
No candidate having received a majority vote, the PRESIDENT Pro Tempore ordered the General Assembly to proceed to a subsequent ballot.
Representative Merrill asked unanimous consent to make a motion that the Joint Assembly recede for five minutes.
There was an objection.
The Joint Assembly refused to recede.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Beatty:
Anderson Drummond Ford Hawkins Hutto Jackson Land Lourie Malloy Matthews McGill Moore O'Dell Patterson Pinckney Reese Scott Sheheen Williams
The following named Senators voted for Judge Hearn:
Alexander Cleary Elliott Hayes Knotts Leatherman Rankin Vaughn
The following named Senators voted for Judge Williams:
Bryant Campsen Courson Cromer Fair Grooms Martin McConnell Peeler Ritchie Ryberg Setzler Thomas Verdin
The following named Senator abstained from voting:
Short
Representative D.W. Smith asked unanimous consent for the members of the House to be granted leave to vote by electronic roll call.
Representative Loftis objected.
The Reading Clerk of the House called the roll of the House, and the members of the House voted viva voce as their names were called.
The following named Representatives voted for Judge Beatty:
Agnew Alexander Allen Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chellis Clyburn Cobb-Hunter Coleman Cooper Davenport Delleney Funderburk Gambrell Govan Hart Harvin Haskins Hayes Hodges Hosey Howard Jefferson Jennings Kelly Kennedy Knight Littlejohn Mack McLeod Miller Mitchell Moody-Lawrence Moss J. H. Neal J. M. Neal Neilson Ott Parks Perry Rutherford Sandifer Scott Sellers F. N. Smith J. R. Smith W. D. Smith Stavrinakis Talley Vick Walker Weeks Whipper White Williams Young
The following named Representatives voted for Judge Hearn:
Barfield Battle Brady Clemmons Edge Gullick Hardwick Kirsh Lucas Scarborough Shoopman Simrill G. M. Smith Thompson Umphlett Viers Witherspoon
The following named Representatives voted for Judge Williams:
Ballentine Bannister Bedingfield Bingham Bowen Chalk Cotty Crawford Dantzler Duncan Frye Hagood Haley Hamilton Harrell Harrison Herbkersman Hinson Hiott Huggins Leach Limehouse Loftis Lowe Mahaffey Merrill Mulvaney Owens Pinson E. H. Pitts M. A. Pitts Rice Skelton D. C. Smith G. R. Smith Spires Stewart Taylor Toole Whitmire
Total number of Senators voting 41
Total number of Representatives voting 122
Grand Total 163
Necessary to a choice 82
Of which Judge Beatty received 84
Of which Judge Hearn received 25
Of which Judge Williams received 54
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Donald W. Beatty was elected to a position of Justice, Supreme Court, Seat #5 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position of Judge, Court of Appeals, Seat #7.
Senator RITCHIE, Chairman of the Judicial Merit Selection Commission, indicated that Mr. J. René Josey, the Honorable Aphrodite Konduros and the Honorable Daniel F. Pieper had been screened and found qualified to serve.
Senator RITCHIE placed the names of Mr. J. René Josey, the Honorable Aphrodite Konduros and the Honorable Daniel F. Pieper in nomination:
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Josey:
Leatherman Malloy McGill Ryberg Sheheen Williams
The following named Senators voted for Judge Konduros:
Alexander Courson Cromer Drummond Fair Hawkins Hayes Knotts Land Lourie Martin Moore O'Dell Patterson Peeler Reese Ritchie Setzler Short Thomas Vaughn Verdin
The following named Senators voted for Judge Pieper:
Bryant Campsen Cleary Elliott Ford Grooms Hutto Jackson Matthews McConnell Pinckney Rankin Scott
On motion of Representative D.W. Smith, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Josey:
Agnew Alexander Bales Battle Coleman Crawford Funderburk Gambrell Govan Hart Harvin Hayes Hodges Howard Jennings Kennedy Lowe Lucas McLeod J. H. Neal J. M. Neal Neilson Ott Perry Rutherford Scott Simrill Skelton Vick Williams Witherspoon
The following named Representatives voted for Judge Konduros:
Allen Anderson Anthony Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Branham G. Brown Cato Delleney Duncan Gullick Haley Hamilton Haskins Hiott Huggins Kelly Leach Mahaffey Moss Parks Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman F. N. Smith G. M. Smith G. R. Smith W. D. Smith Taylor Thompson Toole Walker Weeks Whitmire
The following named Representatives voted for Judge Pieper:
Bowers Brantley Breeland R. Brown Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Edge Frye Hagood Hardwick Harrell Herbkersman Hinson Hosey Jefferson Kirsh Knight Limehouse Littlejohn Loftis Mack Merrill Miller Mitchell Moody-Lawrence Mulvaney Owens Sellers D. C. Smith J. R. Smith Spires Stavrinakis Stewart Talley Umphlett Viers Whipper White Young
Total number of Senators voting 41
Total number of Representatives voting 120
Grand Total 161
Necessary to a choice 81
Of which Mr. Josey received 37
Of which Judge Konduros received 65
Of which Judge Pieper received 59
No candidate having received a majority vote, the PRESIDENT Pro Tempore ordered the General Assembly to proceed to a subsequent ballot.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Josey:
Leatherman McGill Sheheen Williams
The following named Senators voted for Judge Konduros:
Alexander Courson Cromer Drummond Fair Hawkins Hayes Knotts Land Lourie Martin Moore O'Dell Peeler Reese Ritchie Setzler Short Thomas Vaughn Verdin
The following named Senators voted for Judge Pieper:
Bryant Campsen Cleary Elliott Ford Grooms Hutto Jackson Malloy Matthews McConnell Patterson Pinckney Rankin Ryberg Scott
On motion of Representative D.W. Smith, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Josey:
Agnew Alexander Battle Coleman Crawford Funderburk Gambrell Hart Hayes Howard Jennings Kennedy Lowe Lucas Mahaffey McLeod Neal, J.M. Ott Perry Scott Simrill Vick Williams
The following named Representatives voted for Judge Konduros:
Allen Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Branham G. Brown Cato Delleney Duncan Gullick Haley Hamilton Haskins Hiott Huggins Kelly Leach Moss Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Shoopman Skelton F. N. Smith G. M. Smith G. R. Smith W. D. Smith Spires Taylor Thompson Toole Walker Whitmire
The following named Representatives voted for Judge Pieper:
Bowers Brantley Breeland R. Brown Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Edge Frye Govan Hagood Hardwick Harrell Harvin Herbkersman Hinson Hodges Hosey Jefferson Kirsh Knight Limehouse Littlejohn Loftis Mack Merrill Miller Mitchell Moody-Lawrence Mulvaney J. H. Neal Neilson Owens Parks Sellers D. C. Smith J. R. Smith Stavrinakis Stewart Talley Umphlett Viers Weeks Whipper White Witherspoon Young
Total number of Senators voting 41
Total number of Representatives voting 120
Grand Total 161
Necessary to a choice 81
Of which Ms. Josey received 27
Of which Judge Konduros received 65
Of which Judge Pieper received 69
No candidate having received a majority vote, the PRESIDENT Pro Tempore ordered the General Assembly to proceed to a subsequent ballot.
On motion of Representative Crawford, the name of Mr. J. René Josey was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Konduros:
Alexander Courson Cromer Drummond Elliott Fair Hawkins Hayes Knotts Land Leatherman Lourie Martin McGill Moore O'Dell Peeler Reese Ritchie Setzler Short Thomas Vaughn Verdin
The following named Senators voted for Judge Pieper:
Bryant Campsen Cleary Ford Grooms Hutto Jackson Malloy Matthews McConnell Patterson Pinckney Rankin Ryberg Scott Sheheen Williams
On motion of Representative D. W. Smith, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Konduros:
Agnew Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham G. Brown Cato Coleman Delleney Duncan Funderburk Gambrell Gullick Haley Hamilton Harvin Haskins Hiott Huggins Kelly Leach Lowe Mahaffey Moss J. M. Neal Pinson E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Scott Shoopman Skelton F. N. Smith G. M. Smith G. R. Smith W. D. Smith Spires Taylor Thompson Toole Walker Weeks Whitmire
The following named Representatives voted for Judge Pieper:
Alexander Bowers Brantley Breeland R. Brown Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Cotty Crawford Dantzler Davenport Edge Frye Govan Hagood Hardwick Harrell Hart Hayes Herbkersman Hinson Hodges Hosey Howard Jefferson Jennings Kirsh Knight Limehouse Littlejohn Loftis Lucas Mack McLeod Merrill Miller Mitchell Moody-Lawrence Mulvaney J. H. Neal Neilson Ott Owens Parks Perry Sellers Simrill D. C. Smith J. R. Smith Stavrinakis Stewart Talley Umphlett Vick Viers Whipper White Williams Witherspoon Young
Total number of Senators voting 41
Total number of Representatives voting 119
Grand Total 160
Necessary to a choice 81
Of which Judge Konduros received 79
Of which Judge Pieper received 81
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Daniel F. Pieper was elected Judge, Court of Appeals, Seat #7 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position of Judge, Circuit Court, 15th Judicial Circuit, Seat #2.
Senator RITCHIE, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Benjamin H. Culbertson and Mr. Larry B. Hyman, Jr. had been screened and found qualified to serve.
Senator RITCHIE placed the names of the Honorable Benjamin H. Culbertson and Mr. Larry B. Hyman, Jr. in nomination:
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Judge Culbertson:
Alexander Campsen Cleary Courson Drummond Ford Land McConnell McGill O'Dell Peeler Pinckney Reese Ritchie Ryberg Scott Sheheen Short Vaughn Verdin Williams
The following named Senators voted for Mr. Hyman:
Bryant Cromer Elliott Fair Grooms Hawkins Hayes Hutto Jackson Knotts Leatherman Lourie Malloy Martin Matthews Moore Patterson Rankin Setzler Thomas
On motion of Representative D.W. Smith, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Judge Culbertson:
Alexander Anderson Bales Bannister Battle Bingham Branham Brantley Breeland G. Brown Chalk Chellis Clyburn Cobb-Hunter Crawford Davenport Delleney Duncan Funderburk Gullick Hagood Harrison Harvin Haskins Hiott Hodges Hosey Jefferson Kennedy Knight Leach Limehouse Littlejohn Loftis Mack McLeod Miller Moody-Lawrence Moss J. H. Neal J. M. Neal Neilson Ott Parks Pinson M. A. Pitts Scarborough Scott Simrill D. C. Smith G. M. Smith Spires Taylor Umphlett Walker Weeks Whipper Williams Young
The following named Representatives voted for Mr. Hyman:
Agnew Ballentine Barfield Bedingfield Bowen Bowers Brady Brown, R. Cato Clemmons Coleman Cooper Cotty Dantzler Edge Frye Gambrell Govan Haley Hamilton Hardwick Harrell Hart Hayes Herbkersman Hinson Howard Huggins Jennings Kelly Kirsh Lowe Lucas Mahaffey Merrill Mitchell Mulvaney Owens Perry Pitts, E.H. Rice Rutherford Sandifer Sellers Shoopman Skelton Smith, G.R. Smith, J.R. Smith, W.D. Stavrinakis Stewart Talley Thompson Toole Vick Viers White Whitmire Witherspoon
Total number of Senators voting 41
Total number of Representatives voting 118
Grand Total 159
Necessary to a choice 80
Of which Judge Culbertson received 80
Of which Mr. Hyman received 79
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Benjamin H. Culbertson was elected Judge, Circuit Court, 15th Judicial Circuit, Seat #2 for the term prescribed by law.
Senator RITCHIE, on behalf of the Judicial Merit Selection Commission, presented the Orders of the Palmetto to Mr. Richard S. "Nick" Fisher and the Honorable Curtis Shaw upon their retirement from the Commission.
Immediately following the elections to the judiciary, the Joint Assembly proceeded to the elections to the Boards of Trustees of Colleges and Universities.
The PRESIDENT Pro Tempore of the Senate announced that the Joint Assembly had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 3987 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 23, 2007, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN SEAT OF THE SUPREME COURT AND COURT OF APPEALS AND SUCCESSORS TO CERTAIN SEATS OF CIRCUIT COURTS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2007, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 1st District, Seat #1.
Senator KNOTTS indicated that Mr. Clark B. Parker had been screened and found qualified to serve.
Senator KNOTTS placed the name of Mr. Clark B. Parker in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Clark B. Parker was elected to the position on the Board of Trustees for Coastal Carolina University, 1st District, Seat #1 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 2nd District, Seat #3.
Senator KNOTTS indicated that Dr. Oran P. Smith had been screened and found qualified to serve.
Senator KNOTTS placed the name of Dr. Oran P. Smith in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Oran P. Smith was elected to the position on the Board of Trustees for Coastal Carolina University, 2nd District, Seat #3 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 3rd District, Seat #5.
Senator KNOTTS indicated that Mr. William S. Biggs had been screened and found qualified to serve.
Senator KNOTTS placed the name of Mr. William S. Biggs in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable William S. Biggs was elected to the position on the Board of Trustees for Coastal Carolina University, 3rd District, Seat #5 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 4th District, Seat #7.
Senator KNOTTS indicated that Mr. Charles J. Hodge had been screened and found qualified to serve.
Senator KNOTTS placed the name of Mr. Charles J. Hodge in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Charles J. Hodge was elected to the position on the Board of Trustees for Coastal Carolina University, 4th District, Seat #7 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 5th District, Seat #9.
Senator KNOTTS indicated that Dr. Samuel J. Swad had been screened and found qualified to serve.
Senator KNOTTS placed the name of Dr. Samuel J. Swad in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Samuel J. Swad was elected to the position on the Board of Trustees for Coastal Carolina University, 5th District, Seat #9 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 6th District, Seat #11.
Senator KNOTTS indicated that Mr. Gary W. Brown had been screened and found qualified to serve.
Senator KNOTTS placed the name of Mr. Gary W. Brown in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Gary W. Brown was elected to the position on the Board of Trustees for Coastal Carolina University, 6th District, Seat #11 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees of Coastal Carolina University, At-Large, Seat #13.
Senator KNOTTS indicated that Mr. Eugene C. Spivey and Mr. Fred F. DuBard, Jr. had been screened and found qualified to serve.
Senator KNOTTS placed the names of Mr. Eugene C. Spivey and Mr. Fred F. DuBard, Jr. in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. DuBard:
Alexander Anderson Courson Elliott Fair Hutto Land Leatherman Malloy Matthews McConnell McGill Moore Patterson Pinckney Reese Ritchie Setzler Short Williams
The following named Senators voted for Mr. Spivey:
Bryant Campsen Cleary Cromer Grooms Hawkins Hayes Knotts Lourie Martin O'Dell Peeler Rankin Ryberg Scott Sheheen Thomas Vaughn Verdin
On motion of Representative D.W. Smith, with unanimous consent, the members of the House voted by electronic roll call.
Agnew Allen Anderson Bales Ballentine Barfield Bingham Bowen Bowers Brady Brantley R. Brown Chalk Clemmons Cooper Cotty Dantzler Davenport Duncan Edge Frye Funderburk Gambrell Haley Hamilton Hardwick Harvin Haskins Herbkersman Hinson Hiott Hodges Huggins Kelly Leach Limehouse Littlejohn Loftis Mahaffey McLeod Merrill Miller Mitchell J. H. Neal J. M. Neal Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Sellers Skelton D. C. Smith F. N. Smith J. R. Smith W. D. Smith Talley Thompson Toole Umphlett Viers Walker Weeks White Whitmire Witherspoon
The following named Representatives voted for Mr. DuBard:
Alexander Bannister Bedingfield Branham Breeland G. Brown Cato Chellis Clyburn Cobb-Hunter Crawford Delleney Govan Gullick Hagood Harrell Harrison Hart Hosey Howard Jennings Kirsh Lowe Lucas Mack Moody-Lawrence Neilson Ott Rutherford Scarborough Scott Shoopman Simrill G. M. Smith Spires Taylor Whipper Williams Young
Total number of Senators voting 39
Total number of Representatives voting 108
Grand Total 147
Necessary to a choice 74
Of which Mr. Spivey received 88
Of which Mr. DuBard received 59
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Eugene C. Spivey was elected to a position on the Board of Trustees for Coastal Carolina University, At-Large, Seat #13 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, At-Large, Seat #15.
Senator KNOTTS indicated that Mr. Daniel W. R. Moore, Sr. had been screened and found qualified to serve.
Senator KNOTTS placed the name of Mr. Daniel W. R. Moore, Sr. in nomination, moved that nominations be closed and, asked unanimous consent that the vote be taken by acclamation.
Representative Barfield objected.
Senator KNOTTS placed the name of Mr. Daniel W. R. Moore, Sr. in nomination.
Representative Edge addressed the members of the Joint Assembly.
Representative Barfield addressed the members of the Joint Assembly.
Representative Harvin addressed the members of the Joint Assembly.
Senator KNOTTS addressed the members of the Joint Assembly.
The question before the body was whether to elect the Honorable Daniel W. R. Moore, Sr. to the At-Large position on the Board of Trustees, Seat #15.
The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
Hutto Knotts Land Leatherman Malloy Matthews McGill Moore Patterson Peeler Pinckney Rankin Reese Setzler Sheheen Short
The following named Senators voted in the negative:
Alexander Campsen Cleary Courson Cromer Fair Grooms Lourie Martin McConnell O'Dell Ritchie Ryberg Scott Verdin Williams
On motion of Representative D.W. Smith, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted in the affirmative:
Anderson Bedingfield Brady Branham Cato Chellis Clyburn Cobb-Hunter Cotty Delleney Edge Funderburk Gullick Harrison Harvin Hayes Herbkersman Hinson Hosey Howard Jefferson Jennings Kirsh Knight Leach Mack McLeod Merrill Miller Moss Mulvaney J. H. Neal Ott Parks Perry Rutherford Sellers Skelton D. C. Smith F. N. Smith Stavrinakis Vick Weeks Whipper Williams Witherspoon Young
The following named Representatives voted in the negative:
Alexander Bannister Barfield Bowen Bowers Brantley Chalk Clemmons Duncan Gambrell Hamilton Hardwick Harrell Haskins Loftis M. A. Pitts Sandifer Scarborough Shoopman G. R. Smith J. R. Smith Thompson Viers Whitmire
Total number of Senators voting 32
Total number of Representatives voting 71
Grand Total 103
Necessary to a choice 52
Affirmative votes 63
Negative votes 40
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Daniel W. R. Moore, Sr. was elected to the At-Large position on the Board of Trustees for Coastal Carolina University, Seat #15 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, 1st District, Seat #1.
Senator KNOTTS indicated that Mr. Karl V. Green had been screened and found qualified to serve.
Senator KNOTTS placed the name of Mr. Karl V. Green in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Karl V. Green was elected to the position on the Board of Trustees for South Carolina State University, 1st District, Seat #1 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, 2nd District, Seat #2.
Senator KNOTTS indicated that Mr. Reggie Gallant had been screened and found qualified to serve.
Senator KNOTTS placed the name of Mr. Reggie Gallant in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Reggie Gallant was elected to the position on the Board of Trustees for South Carolina State University, 2nd District, Seat #2 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, 4th District, Seat #4.
Senator KNOTTS indicated that Dr. John H. Corbitt had been screened and found qualified to serve.
Senator KNOTTS placed the name of Dr. John H. Corbitt in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable John H. Corbitt was elected to the position on the Board of Trustees for South Carolina State University, 4th District, Seat #4 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, At-Large, Seat #8.
Senator KNOTTS indicated that Mr. Earl A. Johnson, Jr. and Dr. Shirley Portee Martin had been screened and found qualified to serve.
Senator KNOTTS placed the names of Mr. Earl A. Johnson, Jr. and Dr. Shirley Portee Martin in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Johnson:
Alexander Courson Cromer Elliott Fair Hayes Knotts Leatherman Malloy Martin Matthews McGill O'Dell Patterson Peeler Rankin Ritchie Sheheen Short Verdin Williams
The following named Senators voted for Dr. Martin:
Anderson Bryant Campsen Cleary Grooms Hawkins Hutto Land Lourie McConnell Moore Pinckney Reese Scott Setzler Thomas Vaughn
On motion of Representative D.W. Smith, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Johnson:
Alexander Bales Barfield Battle Bowen Branham G. Brown Cato Clyburn Cobb-Hunter Crawford Edge Funderburk Gambrell Hart Hayes Hodges Jennings Knight Littlejohn Lowe Lucas McLeod Mitchell Moss Neilson Rutherford Sellers Shoopman Spires Weeks Whipper Williams
The following named Representatives voted for Dr. Martin:
Allen Anderson Ballentine Bannister Bedingfield Bingham Bowers Brady Brantley Breeland R. Brown Chellis Clemmons Cooper Cotty Dantzler Delleney Duncan Frye Govan Gullick Hagood Haley Hamilton Harrell Harrison Haskins Herbkersman Hinson Howard Huggins Jefferson Kelly Kirsh Leach Littlejohn Mack Mahaffey Merrill Miller Moody-Lawrence Mulvaney J. H. Neal J. M. Neal Ott Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Skelton D. C. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Toole Umphlett Viers White Whitmire Witherspoon Young
Total number of Senators voting 38
Total number of Representatives voting 101
Grand Total 139
Necessary to a choice 70
Of which Mr. Johnson received 54
Of which Dr. Martin received 85
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Shirley Portee Martin was elected to the position on the Board of Trustees for South Carolina State University, At-Large, Seat #8 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, At-Large, Seat #12.
Senator KNOTTS indicated that Ms. Sky Foster and Rev. D. Edward Chaney had been screened and found qualified to serve.
Senator KNOTTS placed the names of Ms. Sky Foster and Rev. D. Edward Chaney in nomination,
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Foster:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Elliott Fair Grooms Hawkins Hayes Hutto Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The following named Senators voted for Rev. Chaney:
On motion of Representative D.W. Smith, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Foster:
Alexander Allen Anderson Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cotty Crawford Delleney Duncan Gambrell Govan Hagood Hamilton Hardwick Harrell Harrison Hart Hayes Herbkersman Hinson Hodges Howard Huggins Jefferson Jennings Kelly Kirsh Knight Leach Lowe Lucas Mack Mahaffey McLeod Miller Mitchell Moody-Lawrence Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Parks Perry Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Skelton D. C. Smith G. R. Smith J. R. Smith Spires Talley Taylor Toole Viers Weeks Whipper White Whitmire Williams Witherspoon
The following named Representatives voted for Rev. Chaney:
Total number of Senators voting 38
Total number of Representatives voting 85
Grand Total 123
Necessary to a choice 62
Of which Ms. Foster received 123
Of which Rev. Chaney received 0
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Sky Foster was elected to the position on the Board of Trustees for South Carolina State University, At-Large, Seat #12 for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to three positions on the Board of Trustees for Wil Lou Gray Opportunity School, At-Large.
Senator KNOTTS indicated that Dr. Earle Bennett, Mrs. Sandra Dooley Parker, Ms. Inese P. Williamson and Dr. Howard D. Hill had been screened and found qualified to serve.
Senator KNOTTS placed the names of Dr. Earle Bennett, Mrs. Sandra Dooley Parker, Ms. Inese P. Williamson and Dr. Howard D. Hill in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Dr. Bennett:
Alexander Anderson Campsen Cleary Courson Cromer Elliott Fair Grooms Hayes Hutto Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Reese Scott Setzler Sheheen Short Thomas Verdin Williams
The following named Senators voted for Mrs. Parker:
Alexander Anderson Campsen Cleary Courson Cromer Elliott Fair Grooms Hayes Hutto Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Reese Scott Setzler Sheheen Short Thomas Verdin Williams
The following named Senators voted for Ms. Williamson:
Alexander Anderson Campsen Cleary Courson Cromer Elliott Fair Grooms Hayes Hutto Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Reese Scott Setzler Sheheen Short Thomas Verdin Williams
The following named Senators voted for Dr. Hill:
On motion of Representative D.W. Smith, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Dr. Bennett:
Alexander Allen Anderson Ballentine Bannister Barfield Bingham Bowen Bowers Brady Brantley Breeland R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cotty Crawford Delleney Duncan Funderburk Gambrell Govan Gullick Hagood Hamilton Hardwick Harrell Hinson Hodges Hosey Huggins Jefferson Jennings Kirsh Knight Leach Mack McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Ott Parks E. H. Pitts Rice Sandifer Scarborough Sellers Shoopman Skelton D. C. Smith G. R. Smith J. R. Smith Spires Taylor Toole Vick Weeks Whipper White Whitmire Williams
The following named Representatives voted for Ms. Parker:
Alexander Allen Anderson Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cotty Crawford Delleney Duncan Funderburk Gambrell Govan Gullick Hagood Hamilton Harrell Hinson Hodges Hosey Huggins Jefferson Jennings Kirsh Knight Leach Lowe Mack McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal Ott Parks Perry E. H. Pitts Rice Sandifer Scarborough Sellers Shoopman Skelton D. C. Smith G. R. Smith J. R. Smith Spires Stavrinakis Taylor Toole Vick Weeks Whipper White Whitmire
The following named Representatives voted for Ms. Williamson:
Alexander Allen Anderson Bannister Barfield Battle Bingham Bowen Brady Brantley Breeland R. Brown Cato Chalk Clemmons Clyburn Coleman Cotty Crawford Delleney Duncan Funderburk Gambrell Gullick Hagood Hamilton Harrell Hodges Hosey Huggins Jefferson Jennings Kirsh Knight Leach Lowe Mack McLeod Miller Mitchell Moss Mulvaney J. H. Neal Ott Parks Perry E. H. Pitts Rice Sandifer Scarborough Sellers Shoopman Skelton D. C. Smith G. R. Smith J. R. Smith Spires Stavrinakis Taylor Toole Vick Whipper White Whitmire Williams
The following named Representatives voted for Dr. Hill:
Brantley
Total number of Senators voting 33
Total number of Representatives voting 73
Grand Total 106
Necessary to a choice 54
Of which Dr. Bennett received 103
Of which Mrs. Parker received 104
Of which Ms. Williamson received 98
Of which Dr. Hill received 1
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Earle Bennett, the Honorable Sandra Dooley Parker and the Honorable Inese P. Williamson were elected to the three At-Large positions on the Board of Trustees for Wil Lou Gray Opportunity School for the terms prescribed by law.
Subsequent to the judicial elections and to the Boards of Trustees for Colleges and Universities, the PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to the position on the Legislative Audit Council.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Legislative Audit Council for the CPA Seat.
Senator CAMPSEN indicated that Mr. Philip F. Laughridge had been screened and found qualified to serve.
Senator CAMPSEN placed the name of Mr. Philip F. Laughridge in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Mr. Philip F. Laughridge was elected to the position on the Legislative Audit Council for the CPA Seat for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Legislative Audit Council for the Attorney Seat.
Senator CAMPSEN indicated that Mr. S. Jahue (Jake) Moore had been screened and found qualified to serve.
Senator CAMPSEN placed the name of Mr. S. Jahue (Jake) Moore in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Mr. S. Jahue (Jake) Moore was elected to the position on the Legislative Audit Council for the Attorney Seat for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Legislative Audit Council for the Third Seat.
Senator CAMPSEN indicated that the Honorable Tommy Hartnett had been screened and found qualified to serve.
Senator CAMPSEN placed the name of the Honorable Tommy Hartnett in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Tommy Hartnett was elected to the position on the Legislative Audit Council for the Third Seat for the term prescribed by law.
The PRESIDENT Pro Tempore announced that nominations were in order to elect a successor to a position on the Legislative Audit Council for the Fourth Seat.
Senator CAMPSEN indicated that Dr. Dorn Smith had been screened and found qualified to serve.
Senator CAMPSEN placed the name of Dr. Dorn Smith in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT Pro Tempore announced that the Honorable Dorn Smith was elected to the position on the Legislative Audit Council for the Fourth Seat for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT Pro Tempore declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT Pro Tempore.
At 3:40 P.M., on motion of Senator MARTIN, the Senate receded from business until 4:00 P.M.
At 4:07 P.M., the Senate resumed.
At 4:07 P.M., Senator MARTIN assumed the Chair.
On motion of Senator HAYES, with unanimous consent, Senators LEATHERMAN, LAND and PEELER were granted leave to attend a meeting of the Committee of Conference on the General Appropriation Bill, to be counted in any quorum calls and be granted leave to vote by telephone.
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator THOMAS introduced Dr. William B. Jones of Greenville, S.C., Doctor of the Day.
The following were introduced:
S. 782 (Word version) -- Senator Moore: A BILL TO AMEND ACT 472 OF 1976, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 OF MCCORMICK COUNTY, SO AS TO CREATE ONE SINGLE-MEMBER AND TWO MULTI-MEMBER ELECTION DISTRICTS IN WHICH TRUSTEES SHALL RESIDE AND FROM WHICH MEMBERS MUST BE ELECTED.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 783 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-45 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL ESTABLISH AN INTERNAL GRIEVANCE SYSTEM TO PROVIDE VICTIMS AND DEPENDENT BENEFICIARIES WHO ARE ENTITLED TO RECEIVE PRISONER WAGE DEDUCTIONS UNDER SECTION 24-3-40 A FORUM TO PURSUE CLAIMS THAT MAY ARISE PURSUANT TO THAT SECTION.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 784 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT IF A GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2007-2008 HAS NOT TAKEN EFFECT BY JULY 1, 2007, THEN THE APPROPRIATIONS AND PROVISOS CONTAINED IN ACT 397 OF 2006 ARE AUTHORIZED FOR FISCAL YEAR 2007-2008, UNTIL A GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2007-2008 TAKES EFFECT.
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Read the first time and referred to the Committee on Finance.
S. 785 (Word version) -- Senators Ritchie, Ford and Cleary: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND JOHN W. TUCKER, JR., OF ANDERSON COUNTY FOR TEN YEARS OF OUTSTANDING SERVICE AS CHAIRMAN OF THE UPSTATE CITIZENS COMMITTEE FOR JUDICIAL QUALIFICATIONS OF THE JUDICIAL MERIT SELECTION COMMISSION.
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Whereas, John W. Tucker, Jr., of Anderson County, has served the citizens of this State with commitment and excellence by representing citizens in the important task of evaluating and selecting state judges as Chairman of the Upstate Citizens Committee for Judicial Qualifications of the Judicial Merit Selection Commission; and
Whereas, not only has Mr. Tucker given a voice to the public on the grassroots level in helping to select state judges, he has done so ably and honorably for ten years, since the inception of the Judicial Merit Selection Commission; and
Whereas, Mr. Tucker's appointment to the Upstate Citizens Committee was a testament to the Judicial Merit Selection Commission's desire for broad-based local participation by people from all parts of South Carolina in the weighty and significant process of helping the Commission qualify and select judges and the General Assembly ultimately elect them; and
Whereas, his service to the State goes far beyond his leadership of the Upstate Citizens Committee, Mr. Tucker was a distinguished member of the House of Representatives representing Anderson County from 1984 to 1996, where he served as First Vice Chairman of the Judiciary Committee and Rules Committee and as a member of the Joint Appropriations Review and Health Care Oversight Committees; and
Whereas, Mr. Tucker also was Chairman of the Crime Study Committee and served on the Commission on Prosecution, which has served him well in his current position as Chief of Staff for the Thirteenth Judicial Circuit Solicitor's Office and as outgoing Chairman of the Upstate Citizens Committee for Judicial Qualifications; and
Whereas, it is appropriate for the members of the Senate to express their deepest gratitude to John W. Tucker, Jr., for his exemplary leadership, selfless volunteer public service work, and for contributing to the great success of the Judicial Merit Selection Commission. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate of the State of South Carolina, by this resolution, recognize and commend John W. Tucker, Jr., of Anderson County, for ten years of outstanding service as Chairman of the Upstate Citizens Committee for Judicial Qualifications of the Judicial Merit Selection Commission.
Be it further resolved that a copy of this resolution be forwarded to John W. Tucker, Jr.
The Senate Resolution was adopted.
S. 786 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO CONGRATULATE LUCAS AND FRANCES DARGAN OF DARLINGTON COUNTY ON THE OCCASION OF THEIR NINETIETH BIRTHDAYS, AND TO WISH THEM JOYOUS BIRTHDAY CELEBRATIONS AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
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The Senate Resolution was adopted.
S. 787 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2007, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 19, 2007, AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2007, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 21, 2007, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 3176 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 61-6-4550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON OFFERING DISCOUNT PRICES FOR THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AT CERTAIN TIMES, SO AS TO ALSO PERMIT DISCOUNT SALES ON ONE FULL DAY OF THE WEEK.
Read the first time and referred to the Committee on Judiciary.
H. 3380 (Word version) -- Reps. Viers, Brantley, Dantzler, Harvin and Brady: A BILL TO AMEND SECTIONS 44-7-2430 AND 44-7-2440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO THE REQUIREMENT THAT HOSPITALS COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON HOSPITAL ACQUIRED INFECTION RATES, SO AS TO ALSO REQUIRE HOSPITALS TO COLLECT DATA AND SUBMIT REPORTS ON DEATHS RESULTING FROM HOSPITAL ACQUIRED INFECTIONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 3632 (Word version) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J. R. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4072 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
Read the first time and referred to the Committee on Judiciary.
H. 4081 (Word version) -- Rep. Cotty: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO THE SCHOOL BOARD OF TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE COMPENSATION FOR MEMBERS OF THE BOARD IN THE AMOUNT OF TWO HUNDRED DOLLARS FOR THEIR ATTENDANCE AT EACH MEETING AND TO ALLOW THE SCHOOL BOARD TO ADJUST ITS SALARY AND EXPENSES, BY RESOLUTION, TO BE EFFECTIVE ON THE COMMENCEMENT DATE OF THE TERMS OF TWO OR MORE MEMBERS ELECTED AT THE NEXT GENERAL ELECTION FOLLOWING THE ADOPTION OF THE RESOLUTION.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4099 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO OFFICE BASED SURGERY, DESIGNATED AS REGULATION DOCUMENT NUMBER 3079, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4111 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO CONSTRUCT, RENOVATE, AND REPAIR SCHOOL BUILDINGS IN THE COUNTY USING LEASE-PURCHASE FINANCING AGREEMENTS IN THE PRINCIPAL AMOUNT NOT TO EXCEED, IN THE AGGREGATE, SIXTY MILLION DOLLARS AND TO GIVE SPECIFIC POWERS TO THE BOARD AND PROVIDE FOR CERTAIN LIMITATIONS REGARDING LEASE-PURCHASE AGREEMENTS; TO DIRECT THE DILLON COUNTY AUDITOR TO LEVY MILLAGE IN SPECIFIED AMOUNTS SUBJECT TO CERTAIN LIMITATIONS; TO AUTHORIZE A REFERENDUM TO BE CONDUCTED IN DILLON COUNTY TO IMPOSE A SALES AND USE TAX FOR THE PURPOSE OF COLLECTING REVENUES TO PAY FOR EXPENSES RELATED TO A LEASE-PURCHASE AGREEMENT AND TO PROVIDE FOR THE METHOD OF IMPOSING, ADMINISTERING, AND COLLECTING THE TAX; AND TO REPEAL ACT 197 OF 2005, RELATING TO THE IMPOSITION OF A SALES AND USE TAX FOR SCHOOL INFRASTRUCTURE NEEDS.
Read the first time and referred to the Committee on Finance.
H. 4132 (Word version) -- Rep. F. N. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE EFIA NWANGAZA, OF GREENVILLE COUNTY, ON HER LIFETIME OF REMARKABLE ACCOMPLISHMENTS AS A HUMAN RIGHTS AND POLITICAL ACTIVIST AND TO HONOR HER DISTINGUISHED SERVICE TO MANY WORTHY NATIONAL AND INTERNATIONAL ORGANIZATIONS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:
S. 127 (Word version) -- Senators Bryant, Ryberg, Vaughn, Mescher and Fair: A BILL TO AMEND SECTION 16-3-655(A)(2) OF THE 1976 CODE, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, TO PROVIDE THAT CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE OCCURS WHEN COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE AND THE ACTOR HAS BEEN CONVICTED OF, PLEAD NOLO CONTENDERE TO, OR ADJUDICATED DELINQUENT FOR CERTAIN SPECIFIED OFFENSES; TO AMEND SECTION 16-3-655(B)(2), TO INCREASE THE AGE OF A VICTIM FROM LESS THAN SIXTEEN YEARS OF AGE TO LESS THAN SEVENTEEN YEARS OF AGE WHEN THE ACTOR IS IN A POSITION OF FAMILIAL, CUSTODIAL OR OFFICIAL AUTHORITY TO COERCE THE VICTIM OR IS OLDER THAN THE VICTIM, TO PROVIDE THAT CERTAIN PERSONS MAY NOT BE CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH A MINOR IN THE SECOND DEGREE BASED ON THE RELATIVE AGE OF THE PARTIES AND THE NATURE OF THE SEXUAL CONDUCT BETWEEN THE PARTIES, AND TO REMOVE MISTAKE OF AGE AS A DEFENSE.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 205 (Word version) -- Senator Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE "SOUTH CAROLINA CLEAN ELECTIONS ACT", TO PROVIDE A PROCEDURE BY WHICH CERTAIN CANDIDATES FOR OFFICE WHO AGREE TO LIMITATIONS ON CONTRIBUTIONS TO RECEIVE A PREDETERMINED AMOUNT OF PUBLIC FUNDS FOR CAMPAIGNS AND TO REQUIRE ELECTRONIC DISCLOSURES FOR ALL CAMPAIGN CONTRIBUTIONS TO CANDIDATES AND POLITICAL COMMITTEES.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin and Grooms: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, OR TO ATTEMPT TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR AN OFFENDER OR ANOTHER PERSON TO SOLICIT OR REQUEST SOMEONE TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE FOR AN OFFENDER, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP REGULATIONS GOVERNING THE CERTIFICATION, USE, MAINTENANCE, AND OPERATIONS OF INTERLOCK IGNITION DEVICES, TO PROVIDE THAT ONLY CERTIFIED DEVICES MAY BE USED, TO PROVIDE THAT THE DEPARTMENT MUST CERTIFY ALL BREATH TESTING IGNITION INTERLOCK DEVICES THAT MEET FEDERAL STANDARDS, TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A LIST OF CERTIFIED DEVICES AND MANUFACTURERS, TO REQUIRE THAT DECERTIFIED DEVICES MUST BE REPLACED, TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE ON ITS INTERNET WEB SITE ITS POLICIES, PROCEDURES, AND REGULATIONS CONCERNING IGNITION INTERLOCK DEVICES; TO AMEND SECTION 56-1-400, TO PROVIDE THAT WHEN THE DEPARTMENT OF MOTOR VEHICLES RETURNS OR ISSUES A NEW LICENSE TO AN OFFENDER WHOSE LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, THE LICENSE MUST CONTAIN A CONSPICUOUS ENDORSEMENT IDENTIFYING THE LICENSEE AS A PERSON WHO MAY ONLY DRIVE A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED; AND TO AMEND SECTION 56-5-2959, TO PROVIDE THAT SLED NO LONGER HAS TO POST CERTAIN INFORMATION CONCERNING IGNITION INTERLOCK SYSTEMS ON ITS INTERNET WEB SITE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
S. 726 (Word version) -- Senators Grooms, McGill, Rankin, Cleary, Reese, Bryant, Alexander, O'Dell, Verdin, Ford, Williams, McConnell, Short, Knotts, Land, Setzler, Malloy, Leatherman, Jackson, Hayes, Scott, Peeler, Sheheen, Thomas, Ryberg, Patterson, Vaughn, Fair, Hutto, Pinckney, Gregory, Moore, Anderson, Drummond, Hawkins, Campsen, Courson, Cromer, Matthews and Ritchie: A BILL TO AMEND CHAPTER 29, TITLE 59 OF THE 1976 CODE, RELATING TO SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, BY ADDING SECTION 59-29-230, TO PROVIDE THAT THE BOARD OF TRUSTEES OF ANY STATE SCHOOL DISTRICT MAY OFFER AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE OLD TESTAMENT ERA AND AN ELECTIVE COURSE TEACHING THE HISTORY AND LITERATURE OF THE NEW TESTAMENT ERA; TO PROVIDE THAT THE COURSES MUST BE TAUGHT IN AN OBJECTIVE MANNER WITH NO ATTEMPT TO INDOCTRINATE STUDENTS; TO PROVIDE THAT THE STATE BOARD OF EDUCATION MUST DEVELOP AND ADOPT CURRICULA, MATERIALS, AND GUIDELINES FOR THE COURSES; TO PROVIDE FOR OVERSIGHT OF THE CLASSES BY THE LOCAL BOARD OF TRUSTEES, AND TO PROVIDE THAT STUDENTS AND TEACHERS MAY USE VERSIONS OF THE OLD AND NEW TESTAMENT THAT DIFFER FROM THE VERSIONS RECOMMENDED BY THE LOCAL BOARD OF TRUSTEES.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 728 (Word version) -- Senators Martin and McGill: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR AND CLARIFY PROFESSIONAL FORESTRY STANDARDS AND PRACTICES, TO REVISE PROCEDURES FOR LICENSING OF FORESTRY PROFESSIONALS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
S. 735 (Word version) -- Senators Leventis, Elliott, Thomas, Drummond, Pinckney, Hayes, Land, Jackson and Lourie: A SENATE RESOLUTION TO URGE THE GOVERNMENT OF TURKEY TO GRANT THE ECUMENICAL PATRIARCH APPROPRIATE INTERNATIONAL RECOGNITION, ECCLESIASTICAL SUCCESSION, AND THE RIGHT TO TRAIN CLERGY OF ALL NATIONALITIES AND TO RESPECT THE PROPERTY RIGHTS AND HUMAN RIGHTS OF THE ECUMENICAL PATRIARCHATE, AND FOR OTHER PURPOSES.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary polled out S. 765 favorable:
S. 765 (Word version) -- Senators Leatherman and McConnell: A BILL TO PROVIDE THAT THE REMAINS OF THE CSS PEE DEE, A CONFEDERATE NAVAL VESSEL WHICH SANK IN THE GREAT PEE DEE RIVER, AS WELL AS ALL OTHER ARTIFACTS LYING IN THE GREAT PEE DEE RIVER IN THE AREA BELOW THE ORDINARY HIGH WATER MARK BETWEEN FLORENCE AND MARION COUNTY, IN A ZONE TWO MILES ABOVE AND TWO MILES BELOW THE UNITED STATES HIGHWAY 76 BRIDGE, IS THE PROPERTY OF THE STATE OF SOUTH CAROLINA AND THAT IT IS UNLAWFUL TO COLLECT ANY ARTIFACTS FROM THE AREA.
AYES
McConnell Moore Ford Gregory Jackson Martin Rankin Elliott Anderson Hawkins Ritchie Knotts Malloy Sheheen Bryant Campsen Cleary Lourie Scott Williams Vaughn
Hutto
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3135 (Word version) -- Reps. J.E. Smith, Funderburk and Cotty: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO DEVELOP A STATEWIDE COMPREHENSIVE SERVICE DELIVERY SYSTEM FOR PERSONS WITH EPILEPSY IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3157 (Word version) -- Reps. Huggins, Kirsh, Sandifer, Herbkersman, Cotty, Viers, Clemmons, Weeks and Bedingfield: A BILL TO AMEND SECTION 27-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR SERVICE OF RULE ON A TENANT AGAINST WHOM EJECTMENT PROCEEDINGS ARE BROUGHT, SO AS TO PROVIDE A METHOD OF SERVICE BY POSTING IF GROUNDS OF EJECTMENT ARE CIRCUMSTANCES THAT THREATEN LIFE OR SIGNIFICANT PROPERTY DAMAGE; TO AMEND SECTION 27-37-40, RELATING TO TENANT EJECTMENT ON FAILURE TO SHOW CAUSE, SO AS TO REQUIRE MAGISTRATES TO IMMEDIATELY ISSUE A WARRANT FOR EJECTMENT IF GROUNDS FOR EJECTMENT ARE CIRCUMSTANCES THAT THREATEN LIVES OR SIGNIFICANT PROPERTY DAMAGE AND THE TENANT FAILS TO APPEAR AND SHOW CAUSE WITHIN FIVE DAYS OF SERVICE; TO AMEND SECTION 27-40-720, AS AMENDED, RELATING TO TENANT NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO DEFINE FOR THE PURPOSES OF THIS SECTION THE TERM "EMERGENCY" TO INCLUDE CIRCUMSTANCES CONSIDERED TO THREATEN THE LIVES OF RESIDENTS OR EMPLOYEES, OR MALICIOUS PROPERTY DAMAGE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 3170 (Word version) -- Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Ott, Ballentine, Barfield, Bedingfield, Bingham, Brady, Ceips, Clemmons, Cotty, Dantzler, Davenport, Delleney, Gambrell, Haley, Haskins, Hardwick, Herbkersman, Hinson, Leach, Littlejohn, Limehouse, Loftis, Lowe, Lucas, Mahaffey, Owens, Perry, Pinson, E.H. Pitts, Rice, Sandifer, Scarborough, Simrill, Skelton, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Spires, Taylor, Thompson, Umphlett, Viers, Whitmire, Young, Bales, Kirsh, Huggins, Bowen, Jefferson, Alexander, R. Brown, Breeland, Bannister, White, Edge, Harvin, Kennedy, Crawford, Jennings, Miller, Gullick, Anthony, Phillips, Coleman, Mitchell, F.N. Smith, J.E. Smith, Clyburn, Sellers, Cobb-Hunter, Agnew, Bowers, Knight, Mulvaney, Neilson, Williams, Branham, Toole, Battle, Duncan, Hodges and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO IS AT LEAST A SOPHOMORE ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A PALMETTO FELLOWS SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL PALMETTO FELLOWS SCHOLARSHIP STIPEND FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, AND TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR; AND BY ADDING SECTION 59-149-15 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO IS AT LEAST A SOPHOMORE ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A LIFE SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL LIFE SCHOLARSHIP STIPEND FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, AND TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3233 (Word version) -- Reps. Scarborough and Umphlett: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2000 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO TRANSFER OF TITLES TO WATERCRAFT IN LEXINGTON COUNTY.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND PROVIDING EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF THEIR REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO DELETE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT, TO DELETE PROVISIONS RELATING TO THE ONE HUNDRED TWENTY-DAY AUTOMATIC APPROVAL PROCEDURES, AND TO AUTHORIZE, RATHER THAN PROHIBIT, AN AGENCY TO WITHDRAW REGULATIONS UNDER GENERAL ASSEMBLY REVIEW ANYTIME AND TO PROVIDE EXPEDITED PROCEDURES FOR RESUBMISSION OF SUCH WITHDRAWN REGULATIONS; AND TO ADD SECTION 1-23-121 SO AS TO PROVIDE THAT AN AGENCY MAY NOT ESTABLISH, MODIFY, OR INCREASE A FEE UNLESS AUTHORIZED BY LAW OR THROUGH REGULATION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 3317 (Word version) -- Reps. Walker, Hinson, Harrell, Cobb-Hunter, Weeks, Hart, F.N. Smith, Parks, Knight, Williams, Jefferson, Howard, McLeod, Mahaffey, Herbkersman and Agnew: A BILL TO AMEND ARTICLE 13, CHAPTER 43, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GIFT OF LIFE TRUST FUND, SO AS TO CHANGE THE NAME TO "DONATE LIFE SOUTH CAROLINA", AND TO ADD ARTICLE 14 TO CHAPTER 43, TITLE 44 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR REGISTRY TO BE ADMINISTERED BY DONATE LIFE SOUTH CAROLINA; AND TO AMEND SECTION 56-1-80, RELATING TO DRIVER'S LICENSE AND PERMIT APPLICATIONS, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE ORGAN DONOR INFORMATION INDICATED ON SUCH APPLICATIONS TO DONATE LIFE SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3362 (Word version) -- Reps. Parks, Sandifer, Scott, Pinson, Allen, Agnew, Alexander, Cato, Cobb-Hunter, Davenport, Harrison, Hart, Harvin, Howard, Jefferson, Leach, Miller, J.H. Neal, M.A. Pitts, Sellers, F.N. Smith, Taylor, Weeks, Whipper, Whitmire and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO REQUIRE AN EMBALMER OR FUNERAL DIRECTOR WHO FILES A DEATH CERTIFICATE TO PROVIDE HIS EMBALMER OR FUNERAL HOME DIRECTOR LICENSE NUMBER ON THE DEATH CERTIFICATE; AND TO AMEND SECTION 44-63-70, RELATING TO THE STATE REGISTRAR'S OBLIGATION TO PRESCRIBE DEATH CERTIFICATE FORMS, AMONG OTHER VITAL STATISTICS FORMS, TO COUNTY REGISTRARS AND APPROPRIATE AGENCIES, SO AS TO REQUIRE THE REGISTRAR TO INCLUDE ON DEATH CERTIFICATE FORMS A SPACE WHERE AN EMBALMER OR FUNERAL DIRECTOR MAY PROVIDE HIS LICENSE NUMBER WHEN FILING A DEATH CERTIFICATE.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3373 (Word version) -- Reps. M.A. Pitts and Duncan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-825 SO AS TO PROVIDE THAT IF A PERMIT IS ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSTALL AN INDIVIDUAL WASTE TREATMENT AND DISPOSAL SYSTEM THE DEPARTMENT IS ONLY REQUIRED TO CONDUCT RANDOM FINAL INSPECTIONS ON THREE PERCENT OF THESE INSTALLED SYSTEMS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 3379 (Word version) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3465 (Word version) -- Reps. F.N. Smith, Whipper, Agnew, Allen, Anderson, Anthony, Bales, Bannister, Bowers, Branham, Brantley, Breeland, Ceips, Clyburn, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Funderburk, Govan, Hagood, Hamilton, Harrison, Hart, Hayes, Herbkersman, Hosey, Jefferson, Jennings, Kelly, Kennedy, Leach, Loftis, Lucas, Mack, Mitchell, Moss, J.H. Neal, J.M. Neal, Parks, Perry, Sandifer, Scarborough, Scott, Sellers, G.M. Smith, Spires, Stavrinakis, Talley, Thompson and Williams: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMENCEMENT OF CIVIL ACTIONS, SO AS TO PROVIDE THAT THE STATUTE OF LIMITATIONS IS TOLLED UPON THE FILING OF A SUMMONS AND COMPLAINT AND TO ALLOW AN ADDITIONAL ONE HUNDRED TWENTY DAYS TO ACCOMPLISH ACTUAL SERVICE UPON THE PAYMENT OF A SEVENTY-FIVE-DOLLAR EXTENSION FEE.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 3510 (Word version) -- Reps. Vick, M.A. Pitts, Lowe and Bedingfield: A BILL TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF THE STAMPS AND THE MANNER THEY ARE SOLD; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3721 (Word version) -- Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill: 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.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 3789 (Word version) -- Reps. Kirsh and Cooper: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES, AND TO DELETE AN OBSOLETE PROVISION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3933 (Word version) -- Reps. Mitchell, Whipper, Branham, Cotty, Merrill, Loftis, Clyburn, Anderson, J.H. Neal, McLeod, F.N. Smith, Govan, Brantley, Ott, Alexander, Crawford, Bedingfield, Cato, Hosey, Lucas, Knight, Bingham, Agnew, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Bowen, Bowers, Brady, Breeland, G. Brown, R. Brown, Ceips, Chellis, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Lowe, Mack, Mahaffey, Miller, Moss, Mulvaney, Neilson, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, White, Whitmire, Williams, Witherspoon, Young and Frye: A JOINT RESOLUTION TO CREATE A MULTI-AGENCY ADVISORY COMMITTEE TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE ENVIRONMENTAL JUSTICE IN THIS STATE.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 3990 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3096, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Columbia, S.C., May 23, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS A CHIEF HIGHWAY ENGINEER WHO MAY BE REMOVED BY THE BOARD FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY AND WHO, IN CONJUNCTION WITH THE BOARD, MUST CREATE THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP); AND BY ADDING ARTICLE 7 TO CHAPTER 1 OF TITLE 57, SO AS TO CREATE THE JOINT TRANSPORTATION REVIEW COMMITTEE AND TO PROVIDE FOR THE MANNER IN WHICH DEPARTMENT OF TRANSPORTATION BOARD MEMBERS ARE SCREENED.
Very respectfully,
Speaker of the House
Received as information.
S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS A CHIEF HIGHWAY ENGINEER WHO MAY BE REMOVED BY THE BOARD FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY AND WHO, IN CONJUNCTION WITH THE BOARD, MUST CREATE THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP); AND BY ADDING ARTICLE 7 TO CHAPTER 1 OF TITLE 57, SO AS TO CREATE THE JOINT TRANSPORTATION REVIEW COMMITTEE AND TO PROVIDE FOR THE MANNER IN WHICH DEPARTMENT OF TRANSPORTATION BOARD MEMBERS ARE SCREENED.
On motion of Senator GROOMS, the Senate insisted upon its amendments to S. 355 and asked for a Committee of Conference.
Whereupon, Senators McCONNELL, MOORE and RYBERG were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 23, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3955 (Word version) -- Reps. Bedingfield, Miller, G.R. Smith, Cato, Bannister, Scarborough, Shoopman, M.A. Pitts, Duncan, Sandifer, Cooper, Merrill, Crawford, Jennings, Mulvaney, J.M. Neal, G.M. Smith and Loftis: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE HARLEY OWNERS GROUP OF SOUTH CAROLINA AND TO PROCLAIM SEPTEMBER 22, 2007, H.O.G. DAY IN SOUTH CAROLINA.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 23, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. Cotty, Joe Neal and Limehouse to the Committee of Free Conference on the part of the House on:
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
Very respectfully,
Speaker of the House
Received as information.
S. 139 (Word version) -- Senators Knotts and Elliott: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.
On motion of Senator COURSON, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.
Senator COURSON spoke on the report.
On motion of Senator COURSON, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators COURSON, MATTHEWS and HAYES were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
S. 779 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE SPRING VALLEY HIGH SCHOOL BOYS SOCCER TEAM ON ITS IMPRESSIVE WIN OF THE 2007 CLASS AAAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS, HEAD COACH, DAVE CLARK, AND ASSISTANT COACH, JOHN POWELL, ON AN OUTSTANDING SEASON.
Returned with concurrence.
Received as information.
S. 780 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE A.C. FLORA HIGH SCHOOL BASEBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACH, AND STAFF.
Returned with concurrence.
Received as information.
S. 781 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE A.C. FLORA HIGH SCHOOL BOYS GOLF TEAM FOR CAPTURING THE 2007 CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S SUPERLATIVE PLAYERS, COACH, AND STAFF.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3289 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, LEGAL TENDER COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.
H. 3914 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3093, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3915 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO TRUCK DRIVER TRAINING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3094, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3659 (Word version) -- Reps. Kirsh, Simrill, Owens, Scott and McLeod: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCISE TAX ON ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION, SO AS TO REQUIRE THAT A STATE AGENCY OR LOCAL ENTITY THAT DOES NOT RECEIVE THE SAME AMOUNT OF REVENUE FROM THE EXCISE TAX AS IT DID FROM THE MINIBOTTLE TAX IN FISCAL YEAR 2004-2005, IT IS TO RECEIVE THE DIFFERENCE FROM THE GENERAL FUND WITHIN THIRTY DAYS AFTER THE CLOSE OF EACH QUARTER IN A CALENDAR YEAR.
H. 3232 (Word version) -- Reps. Breeland, Mack, Anderson, R. Brown, Clyburn, Hart, Hosey, Howard, Jefferson, Scott and Williams: A BILL TO AMEND SECTION 56-3-7750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF FRATERNITY AND SORORITY SPECIAL LICENSE PLATES, SO AS TO PROVIDE FEES COLLECTED PURSUANT TO THIS SECTION MAY BE USED FOR ACADEMIC SCHOLARSHIPS, OR TO FUND PROGRAMS THAT SEND BOYS AND GIRLS WHO ARE AT LEAST EIGHT YEARS OLD AND NOT MORE THAN SIXTEEN YEARS OLD TO SUMMER CAMP, OR BOTH.
Senator GROOMS asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator GROOMS proposed the following amendment (3232R001.LKG), which was adopted:
Amend the bill, as and if amended, on page 1, by adding an appropriately numbered new SECTION on line 37 to read:
/ SECTION ___. License plates issued for motor vehicles must be attached to the outside rear of the vehicle, open to view., except that on However, on truck tractors and road tractors the plates must be attached to the outside front of the vehicle provided that single unit commercial motor vehicles with a gross vehicle weight rating in excess of twenty-six thousand pounds may have the license plate on either the outside front or rear of the vehicle. Every license plate, at all times, must be fastened securely in a horizontal and upright position to the vehicle for which it was issued so as to prevent the plate from swinging. The bottom of the plate must be at a height of not less than twelve inches from the ground in a place and position clearly visible as provided in Section 56-5-4530, and it must be maintained free from foreign materials and in a clearly legible condition. No other license plate, lighting equipment, except as permitted in Section 56-5-4530, tag, sign, monogram, tinted cover, or inscription of metal or other material may be displayed above, around, or upon the plate other than that which is authorized and issued by the Department of Motor Vehicles for the purpose of validating the plate. It is not unlawful to place a decal on the license plate if it does not obscure any letters or numbers. A motor vehicle owner may attach a trailer hitch to a motor vehicle provided the hitch does not obscure more than two inches of the license plate issued to the motor vehicle. It is unlawful to operate or drive a motor vehicle with the license plate missing and a person who is convicted for violating this section must be punished as provided by Section 56-3-2520. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
S. 771 (Word version) -- Senator Hutto: A BILL TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES.
Senator HUTTO asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (DKA\3371DW07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The Allendale County Aeronautics and Development Commission is created and shall consist of nine members who are residents of the county and who must be appointed by the governing body of the county.
SECTION 2. The terms of office of the members must be for four years and until their successors are appointed and qualify. The chairman shall notify the Secretary of State of the names and terms of the members. All vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only.
SECTION 3. The commission shall meet as soon as practicable and organize itself by electing one of its members as chairman and one as secretary and treasurer. The commission shall meet at the call of the chairman or a majority of its members. The members of the commission shall select a chairman every two years. Nothing contained in this act shall prohibit the chairman from succeeding himself.
SECTION 4. (A) The commission may acquire by grant, purchase, lease, condemnation, or otherwise real property and rights-of-way for airport and aeronautical purposes and approaches and obstruction rights for airport and aeronautical purposes. The commission may sell, lease, trade, convey, and exchange property and rights to it acquired for those purposes which in its opinion are not needed for the purposes for which they were acquired. The manner of acquiring property by condemnation as authorized in this act may be such as is provided by law for the condemnation of rights-of-way for road purposes by the Department of Transportation.
(B) In addition to the powers and duties of the commission as provided for in subsection (A), the commission shall advance the general welfare of all of the people of Allendale County. The commission shall give due consideration to the discovery, conservation, and advertisement of the natural and physical resources of the county. It shall promote and encourage industrial development, commercial enterprises, private business, and the production of agricultural products most suited to the soils and climate of the county. The commission may purchase, own, sell, lease, mortgage, or otherwise deal in real estate for development purposes. It shall give special attention to the advertisement or agricultural products and assist in the discovering markets and uses and providing facilities for the sale of these products. It shall assist in ensuring stabilization in employment so as to increase the opportunities and employment of the citizens of the county, and to devise ways and means to raise the living standards of all of the people. The commission shall devote special attention to and encourage the coming into Allendale County of visitors and tourists, and shall advertise the natural advantages and attractions of the county, the hospitality, and courtesy of its people so that many may become permanent residents and the people of the county may enjoy their just share of tourist trade. The commission, in accomplishing its overall purpose, shall cooperate with the municipalities and civic organizations in the county and the South Carolina Department of Commerce and make recommendations to the governing body of the county as in its judgment will aid in accomplishing the purposes of this act.
SECTION 5. The commission may lease to the United States of America or to any agency of it or to a person, firm, or corporation, municipal or private, any of the property and rights acquired by the commission under the provisions of this act or under the provisions of another act, statute, or law. The commission also may enter into agreements with the United States of America or any agency of it or a person, firm, or corporation, municipal or private, relative to the establishment, operation, and maintenance of an airport and aeronautical field in the county. All leases and agreements are valid and binding upon the commission and the county.
SECTION 6. The powers and authority extended to the commission under the provisions of this act are cumulative to and in addition to all powers and authorities the commission may have by virtue of the provisions of another act, statute, or law.
SECTION 7. All property and rights received and acquired by the commission, all conveyances, leases, and agreements made by it and all other acts of the commission under the provisions of this act or of another act, statute, or law must be for and in behalf of and in the name of Allendale County. All deeds, leases, agreements, and all other papers executed by the commission must be executed in the name of Allendale County by the commission, and at least two members of the commission shall subscribe their names in the execution of it.
SECTION 8. All funds received by the commission must be turned over to the treasurer or the county and by him placed in a special fund to be known as the "Airport and Development Fund".
SECTION 9. It is the intent of this act that the commission shall act for the county in all matters related to airports, aviation, and development in the county and shall, in addition to the rights, powers, and authorities set out in this act, have all the rights, powers, and authorities extended and given to the counties in this State under the provisions of Chapter 9, Title 55, Code of Laws of South Carolina, 1976, the Uniform Airports Act.
SECTION 10. The commission may accept gifts and grants of money from either private or public sources to be used in carrying out its functions.
SECTION 11. Act 721 of 1962 and Act 842 of 1973 are repealed effective July 1, 2007.
SECTION 12. Upon approval by the Governor, this act takes effect July 1, 2007. /
Renumber sections to conform.
Amend title to conform.
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 Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 3818 (Word version) -- Reps. Bowers and Brantley: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE BOARDS OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2, SO AS TO PROVIDE THAT THE TRUSTEES, AT THEIR DISCRETION, MAY RECEIVE AN ANNUAL SALARY UP TO THREE THOUSAND DOLLARS.
On motion of Senator PINCKNEY, H. 3818 was ordered to receive a third reading on Thursday, May 24, 2007.
H. 3795 (Word version) -- Reps. Govan, Hosey, Sellers, Howard and J.H. Neal: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO ESTABLISH THE SOUTH CAROLINA AFRICAN-AMERICAN HERITAGE COMMISSION TO ASSIST AND ENHANCE THE DEPARTMENT'S EFFORTS TO PRESERVE AND PROMOTE HISTORIC PROPERTIES REFLECTING THE STATE'S AFRICAN-AMERICAN HERITAGE; AND TO AUTHORIZE THE DEPARTMENT TO PROVIDE STAFF ASSISTANCE AND FUNDING FOR THE COMMISSION.
On motion of Senator PATTERSON, with unanimous consent, H. 3795 was ordered to receive a third reading on Thursday, May 24, 2007.
H. 3890 (Word version) -- Reps. Harvin and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-825 SO AS TO PROVIDE THAT THE TOWN OF SUMMERTON MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE INTERCHANGES OF INTERSTATE HIGHWAY 95 AND S14-102 (EXIT 108) IN CLARENDON COUNTY.
By prior motion of Senator LAND, with unanimous consent
At 4:39 P.M., Senator McCONNELL assumed the Chair.
H. 3783 (Word version) -- Reps. Limehouse, Crawford and Bales: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIENNIAL LICENSE TAXES GRANTED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REDUCE THE BIENNIAL FEE FOR THE MANUFACTURER'S LICENSE FROM FIFTY THOUSAND DOLLARS TO ONE THOUSAND DOLLARS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators LEATHERMAN and FAIR proposed the following amendment (MS\7347AHB07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-21-2720 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) The Department of Revenue is authorized to assess an additional fee of fifty dollars on each Class Two coin-operated machine license authorized in this section. These funds must be collected by the Department of Revenue and sent to the State Law Enforcement Division to offset the cost of video gaming enforcement. The State Law Enforcement Division shall retain, expend, and carry forward these funds." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 2, Title 61 of the 1976 Code is amended by adding:
"Section 61-2-105. Notwithstanding another provision of law, all initial alcoholic liquor and beer and wine license application fees are increased by one hundred dollars, all biennial alcoholic liquor and beer and wine beverage fees and licenses are increased by two hundred dollars, and all local operation permit fees are increased by fifty dollars. These additional funds must be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement. SLED is authorized to receive, expend, and carry forward these funds." /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.
On motion of Senator RYBERG, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator RYBERG spoke on the Report.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 4/26/07.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 37, Title 44 of the 1976 Code is amended by adding:
"Section 44-37-50. (A) Every hospital in this State must make available to the parents of each newborn baby delivered in the hospital a video presentation on the dangers associated with shaking infants and young children. Every hospital also must make available information on the importance of parents and caregivers learning infant CPR. The hospital must request that the maternity patient, the father, or the primary caregiver view the video. Those persons whom the hospital requested to view the video shall sign a document prescribed by the Department of Health and Environmental Control stating that they have been offered an opportunity to view the video.
(B) The director, or his designee, of the Department of Health and Environmental Control must approve the video to be utilized by a hospital, pursuant to subsection (A). Upon the request of a hospital, the Director of the Department of Health and Environmental Control, or his designee, shall review a hospital's proposed video for possible approval. The Department of Health and Environmental Control may not require a hospital to use a video that would require the hospital to pay royalties for use of the video, restrict viewing in order to comply with public viewing or other restrictions, or be subject to other costs or restrictions associated with copyrights. The department must provide a copy of any approved video, at cost, to a hospital or any interested individual.
(C) The Department of Health and Environmental Control shall make available to all childcare facilities and childcare providers, regulated pursuant to subarticle 11, Article 13, Chapter 7, Title 20, a video presentation on the dangers associated with shaking infants and young children. Childcare facilities, as defined in Section 20-7-2700, shall include this video presentation in the initial and ongoing training of caregivers in the childcare facility. Caregivers in a registered family childcare home or church or religious childcare facility may participate in presentations offered pursuant to this subsection. The Department of Health and Environmental Control must provide a copy of any approved video, at cost, to a childcare facility or childcare provider or any interested individual.
(D) The Department of Health and Environmental Control shall establish a protocol for health care providers to educate parents or primary caregivers about the dangers associated with shaking infants and young children. The Department of Health and Environmental Control shall request family medicine physicians, pediatricians, and other pediatric health care providers to review these dangers with the parent or primary caregiver, who are present, of infants and young children up to the age of one at each well-baby visit.
(E) The Department of Social Services, Adoption Services must make available to all adopting parents a video presentation, approved by the Department of Health and Environmental Control, on the dangers associated with shaking infants and young children and the importance of parents and caregivers learning infant CPR. The department must request that the adopting parents view the video. The adopting parents must sign a document prescribed by the department stating that they have been offered an opportunity to view the video. This subsection only applies to adoptive placements administered by the Department of Social Services, Adoption Services.
(F) Nothing contained in this section may be construed to create any civil, criminal, or administrative cause of action or other liability against a health care facility or health care provider for any acts or omissions relating to compliance with this section."
SECTION 2. This act takes effect January 1, 2008. /
Amend title to conform.
/s/ W. Greg Ryberg /s/ Jackie Elliott Hayes /s/ Ray Cleary /s/ Don Carson Bowen /s/ C. Bradley Hutto /s/ Christopher Richard Hart On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 91 (Word version) -- Senators Campsen, Ritchie and Knotts: A BILL TO ENACT THE RESEARCH AND DEVELOPMENT TAX CREDIT REFORM ACT BY AMENDING SECTION 12-6-3415, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX AND CORPORATE LICENSE TAX CREDIT ALLOWED TAXPAYERS CLAIMING A FEDERAL INCOME TAX CREDIT FOR RESEARCH ACTIVITY, SO AS TO ALLOW THE CREDIT AGAINST ANY INCOME TAX IMPOSED PURSUANT TO THE SOUTH CAROLINA INCOME TAX ACT.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senators LEATHERMAN and SETZLER proposed the following amendment (91R001.HKL), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. A. Chapter 14, Title 12 of the 1976 Code is amended by adding:
"Section 12-14-80. (A) There is allowed an economic impact zone tax credit pursuant to Section 12-14-60 for qualifying investments made by a manufacturer which:
(1) is engaged in this State in at least one economic impact zone, as defined in Section 12-14-30(1), in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 326;
(2) is employing five thousand or more full-time workers in this State and having a total capital investment in this State of not less than two billion dollars; and
(3) has invested $850 million in capital investment in this state between January 1, 2006 and July 1, 2011.
(B) A taxpayer that qualifies for the tax credit allowed by this section may claim the credit earned pursuant to this section and credits earned pursuant to Section 12-6-3360 in the manner provided pursuant to Sections 12-6-3360 and 12-14-60, or as a credit in an amount equal to not more than fifty percent of the employee's withholding on the taxpayer's quarterly withholding tax returns. The taxpayer must elect to take the credit either as an income tax or a withholding tax credit but not both. A taxpayer must first take the credits as an income tax credit in a year in which the taxpayer has a corporate income tax liability. The withholding tax credit may be taken only when the taxpayer has used the maximum investment tax credit allowed against the corporate income tax for that year. The withholding credit may only be taken for qualifying investments made or placed in service after July 1, 2007. To claim the credit against the employee's withholding, the taxpayer must be in compliance with its withholding tax and other taxes due to the State."
B. This section takes effect July 1, 2007, and applies for capital investments placed in service outside of an economic impact zone after June 30, 2007, and for quarterly state withholding returns due on and after that date, provided that for the period July 1, 2007 to June 30, 2008, a taxpayer using this section many not reduce its state withholding tax to less than the withholding tax remitted for the period June 30, 2006, to July 1, 2007. /
Amend the bill further, as and if amended, by striking SECTION 4 in its entirety and inserting:
/ SECTION 4. A. Section 11-45-30(10) and (15) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(10) 'Lender' means a banking institution subject to the income tax on banks under Chapter 11 of Title 12, an insurance company subject to a state premium tax liability under pursuant to Chapter 7 of Title 38, a captive insurance company regulated under pursuant to Chapter 90 of Title 38, a utility regulated under pursuant to Title 58, or any other person approved by the authority pursuant to guidelines and regulations established by the authority pursuant to Section 11-45-100 a financial institution with proven experience in state-based venture capital transactions, pursuant to guidelines established by the Authority. Both the guidelines and the lender must be approved by the Budget and Control Board.
(15) 'Designated investor group' means any a person who enters into a designated investor contract with the authority pursuant to Section 11-45-50.
(16) 'Interest' means interest on the outstanding balance owed or owing to a lender by a designated investor group under such calculations, terms, or conditions as determined by the authority, provided that the method of calculating interest may be included in the tax credit certificates to the extent that the authority considers the information necessary or appropriate."
B. Section 11-45-50(B)(1) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(1) Each designated investor group selected pursuant to subsection (A)(3) of this section shall enter into a designated investor contract with the authority, which designated investor contract shall must contain those any investment guidelines and those other terms and conditions as the authority may deem considers necessary, advisable, or appropriate."
C. Section 11-45-55(B) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(B) The authority shall issue tax credit certificates to each lender contemporaneously with each loan made pursuant to this chapter in accordance with any guidelines and regulations established by the authority pursuant to Section 11-45-100. These guidelines and regulations shall relate to and govern, among other things, The tax credit certificates must describe procedures for the issuance, transfer and redemption of the certificates, and related tax credits. These certificates shall state also must describe the amounts, year, and conditions for redemption of the tax credits reflected on the certificates. Once a loan is made by a lender, the certificate issued to the lender shall be binding on the authority and this State and may not be modified, terminated, or rescinded. The form of the tax credit certificate must be approved by the Budget and Control Board."
D. Section 11-45-70(2)(a) of the 1976 Code, as last amended by Act 125 of 2005, is further amended to read:
"(a) While each designated investor group shall give preference to investors, otherwise qualified, that agree to maintain either a headquarters or an office staffed by an investment professional in South Carolina, investments may be made with investors not principally located in South Carolina; provided, that if the investors are otherwise qualified under pursuant to this chapter and, together with related companies, have other venture capital investments in South Carolina or in South Carolina based companies or can provide evidence to the authority of prior investments in South Carolina or South Carolina based companies at least equal to the total amount of monies placed with that investor by the designated investor group."
E. Chapter 45, Title 11 of the 1976 Code is amended by adding:
"Section 11-45-105. Any guideline issued by the authority pursuant to this chapter must be approved by the Budget and Control Board."/
Renumber sections to conform.
Amend title to conform.
Senator O'DELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
H. 3161 (Word version) -- Reps. Walker, Mahaffey, Herbkersman, Cotty, Hagood, Scarborough and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-105 SO AS TO PROVIDE FOR THE MAXIMUM SCHOOL BUS RIDE TIME OF EACH STUDENT AND ROUTING EFFICIENCY FOR EACH SCHOOL BUS; BY ADDING SECTION 59-67-108 SO AS TO PROVIDE FOR REQUIRED SCHOOL BUS DRIVER CERTIFICATION TRAINING; BY ADDING SECTION 59-67-415 SO AS TO PROVIDE THAT PARENTS ARE RESPONSIBLE FOR THE SAFETY, CONDUCT, AND TIMELY ARRIVAL OF THEIR CHILDREN TO, FROM, AND AT THE SCHOOL BUS STOP; TO AMEND SECTION 59-67-100, RELATING TO SCHOOL BUS SEATING SPACE AND STUDENTS ASSIGNED TO A SCHOOL BUS, SO AS TO PROVIDE THAT THE NUMBER OF STUDENTS ASSIGNED TO A SCHOOL BUS MUST NOT BE GREATER THAN THE MANUFACTURER CERTIFIED SEATING CAPACITY AND PROVIDE THAT ALL PASSENGERS TRANSPORTED MUST HAVE ADEQUATE SEATING AREA TO COMPLY WITH CERTAIN STANDARDS; TO AMEND SECTION 59-67-270, RELATING TO INSPECTION OF BUSES, SO AS TO PROVIDE THAT SCHOOL BUSES MUST BE INSPECTED AT LEAST ONCE ANNUALLY; AND TO AMEND SECTION 59-67-420, RELATING TO TRANSPORTATION TO BE PROVIDED TO STUDENTS, SO AS TO PROVIDE THAT THE STATE SHALL BEAR THE COST OF TRANSPORTING STUDENTS WHEN THE TRANSPORTATION IS AUTHORIZED BY STATE LAW OR REGULATION, PROVIDE THAT THE STATE MAY ASSUME THE RESPONSIBILITY OF TRANSPORTING STUDENTS WHO LIVE WITHIN A CERTAIN DISTANCE OF THE SCHOOL WHEN HAZARDOUS TRAFFIC CONDITIONS ARE INVOLVED, PROVIDE THAT THE SCHOOL DISTRICT SHALL ESTABLISH HAZARDOUS TRAFFIC CRITERIA, PROVIDE FOR HAZARDOUS TRAFFIC FUNDS, PROVIDE THAT THE STATE SHALL PROVIDE TRANSPORTATION TO AND FROM THE RESIDENCE OF EACH UNESCORTED STUDENT PURSUANT TO CERTAIN CIRCUMSTANCES AND DEFINE UNESCORTED STUDENT.
The House returned the Bill with amendments.
On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 65 (Word version) -- Senators Martin, Vaughn, McConnell, Knotts, Verdin, Fair, Alexander and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75, TO PROVIDE A RIGHT OF INGRESS AND EGRESS TO A CEMETERY, BURIAL GROUND, OR GRAVE LOCATED ON PRIVATE PROPERTY FOR FAMILY MEMBERS, CLOSE FRIENDS, DESCENDANTS OF DECEASED PERSONS, CEMETERY PLOT OWNERS, PERSONS PARTICIPATING IN A LAWFUL BURIAL, OR PERSONS ENGAGING IN GENEALOGY RESEARCH.
The House returned the Bill with amendments.
On motion of Senator MARTIN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 332 (Word version) -- Senators Martin, Ritchie and Vaughn: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS FROM "PERSONAL INJURY" AND EXCLUDE CERTAIN EVENTS FROM "ACCIDENT"; TO ADD SECTION 42-1-172, RELATING TO A REPETITIVE TRAUMA INJURY, SO AS TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE; TO AMEND SECTION 42-1-375 SO AS TO EXEMPT AN OWNER-OPERATOR OF A VEHICLE LEASED TO A MOTOR CARRIER WHO HAS SIGNED AN INDEPENDENT CONTRACTOR AGREEMENT WITH A MOTOR CARRIER; TO AMEND SECTION 42-9-30 SO AS TO LIMIT THE DISABILITY AWARD TO TEN PERCENT GREATER THAN THE MEDICAL IMPAIRMENT RATING UNLESS THE COMMISSIONER FINDS EXTRAORDINARY CIRCUMSTANCES AND LISTS FACTORS TO BE CONSIDERED FOR EXTRAORDINARY CIRCUMSTANCES AND TO PRESUME FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS TOTAL AND PERMANENT DISABILITY; TO AMEND SECTION 42-11-10, RELATING TO OCCUPATIONAL DISEASE, SO AS TO ESTABLISH EMPLOYEE'S BURDEN OF PROOF, EXCLUDE CERTAIN TYPES OF CONDITIONS, AND PROVIDE THAT COMPENSATION IS NOT PAYABLE UNLESS CLAIMANT SUFFERS PERMANENT OR PARTIAL DISABILITY; TO AMEND SECTION 42-15-20, RELATING TO NOTICE FOR A REPETITIVE TRAUMA INJURY, SO AS TO REQUIRE NOTICE BE GIVEN NO LATER THAN NINETY DAYS AFTER EMPLOYEE COULD HAVE DISCOVERED THAT THE CONDITION IS COMPENSABLE; TO AMEND SECTION 42-15-40 SO AS TO BAR THE RIGHT TO COMPENSATION FOR A REPETITIVE TRAUMA INJURY UNLESS THE CLAIM IS FILED WITHIN TWO YEARS AFTER THE DEATH, DISABILITY, OR LAST DATE OF EMPLOYMENT; TO AMEND SECTION 42-15-60, RELATING TO EMPLOYER RESPONSIBILITY, SO AS TO ESTABLISH THAT AFTER TEN WEEKS AFTER DATE OF EMPLOYEE'S INJURY, EMPLOYEE MUST ESTABLISH BY MEDICAL RECORDS OR EXPERT MEDICAL TESTIMONY THAT ADDITIONAL TIME IS NEEDED TO LESSEN THE EMPLOYEE'S DEGREE OF IMPAIRMENT AND TO CLARIFY THAT AN EMPLOYER'S DUTY TO EMPLOYEE TERMINATES WHEN THERE IS NO FURTHER MEDICAL CARE THAT WOULD LESSEN THE DEGREE OF MEDICAL IMPAIRMENT AND IN NO CASE WOULD MEDICAL BENEFITS EXTEND FOR MORE THAN FIVE HUNDRED WEEKS AFTER THE DATE OF INJURY, EXCEPT IN CASES INVOLVING PARAPLEGIA, QUADRIPLEGIA AND PHYSICAL BRAIN DAMAGE; TO AMEND SECTION 42-15-95, RELATING TO THE RELEASE OF MEDICAL INFORMATION IN WORKERS' COMPENSATION CLAIMS, SO AS TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR RELEASE OF MEDICAL RECORDS AND TO PROVIDE COMMUNICATION OPTIONS AMONG INTERESTED PARTIES; TO AMEND SECTION 42-17-90 SO AS TO ESTABLISH A ONE-YEAR PERIOD FOR CHANGE OF CONDITION IN CASES INVOLVING REPETITIVE TRAUMA OR OCCUPATIONAL DISEASE; TO AMEND SECTION 38-73-495 SO AS TO ACCOUNT FOR THIRD-PARTY REIMBURSEMENTS IN EXPERIENCE MODIFICATION; TO AMEND SECTION 42-7-310 SO AS TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT AND TO REQUIRE THE SECOND INJURY FUND DIRECTOR TO ANNUALLY SUBMIT INFORMATION TO THE NATIONAL COUNCIL ON COMPENSATION INSURANCE; TO AMEND SECTION 42-9-400, RELATING TO THE SECOND INJURY FUND, SO AS TO ELIMINATE "COMBINED EFFECTS OF PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY", TO FURTHER INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR, TO INCREASE THE THRESHOLD FOR REIMBURSEMENT FOR MEDICAL PAYMENT FROM THREE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE "ARTHRITIS" AND "ANY OTHER PRE-EXISTING DISEASE, CONDITION OR IMPAIRMENT" FROM THE LIST OF PRESUMPTIONS FOR PERMANENT IMPAIRMENT, AND TO PROVIDE NOTICE PROVISIONS; TO AMEND SECTION 42-9-410 SO AS TO INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR FOR SECOND INJURY FUND REIMBURSEMENT ELIGIBILITY; AND TO AMEND CHAPTER 73, TITLE 38.
The House returned the Bill with amendments.
Senator MARTIN moved to nonconcur.
Senator MALLOY moved to carry over the motion to nonconcur.
At 5:02 P.M., on motion of Senator HUTTO, the Senate receded from business not to exceed five minutes.
At 5:32 P.M., the Senate resumed.
On motion of Senator MALLOY, with unanimous consent, the motion to carry over the motion to nonconcur was withdrawn.
On motion of Senator MARTIN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Senators VERDIN and RYBERG desired to be recorded as voting against the motion to nonconcur.
On motion of Senator CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Gerald A. "Tad" Tadlock, 75, of Murrells Inlet, S.C.
At 5:37 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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