Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

In familiar phrases the Psalmist writes:

"Unless the Lord builds the house, its builders labor in vain. Unless the Lord watches over the city, the watchmen stand guard in vain."
(Psalm 127:1)

Please, let us pray:

Holy Lord, we pray this day that You will guide each and every one of the leaders of this Senate as they together strive to build a greater South Carolina. The needs of so many in our State are so overwhelming; the challenges before this Body are so significant; the resources to accomplish all that we need and want to do are frequently so meager. In the face of circumstances like these, dear God, grant that each of these leaders might serve You and the people of this State faithfully, not only here today, but also over the several weeks which remain in this Session. And to You alone, Lord, be the glory.
Amen.

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

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

At 11:22 A.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:45 A.M.

There was no objection and a message was sent to the House accordingly.

On motion of Senator MARTIN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

Senator FORD rose for an Expression of Personal Interest.

S. 561 (Word version) -- Senators Thomas, Hawkins, Drummond and Williams: A BILL TO AMEND SECTION 38-71-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED INSURANCE COVERAGE FOR CERTAIN DIAGNOSTIC AND LABORATORY TESTS, INCLUDING MAMMOGRAMS, ANNUAL PAP SMEARS, AND PROSTATE CANCER, SO AS TO ALSO REQUIRE COVERAGE FOR COLORECTAL CANCER EXAMINATIONS AND LABORATORY TESTS.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was added as a co-sponsor of S. 561.

The following were introduced:

S. 772 (Word version) -- Senator Pinckney: A SENATE RESOLUTION THANKING OLLIE S. MCALISTER OF JASPER COUNTY FOR HER LONG AND SELFLESS RECORD OF SERVICE TO THE YOUTH OF JASPER COUNTY AND RECOGNIZING HER PLACE AS A SPECIAL CITIZEN OF THAT COUNTY AND THIS STATE.
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The Senate Resolution was adopted.

S. 773 (Word version) -- Senators Hawkins and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 77 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE SPECIAL MOTOR VEHICLE LICENSE PLATES TO CERTAIN OFFICIALS ASSOCIATED WITH THE STORM EYE INSTITUTE FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM.
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Read the first time and referred to the Committee on Transportation.

S. 774 (Word version) -- Senator Pinckney: A SENATE RESOLUTION RECOGNIZING DR. WILLIAM SINGLETON, JR. ON THE OCCASION OF HIS RETIREMENT AS SUPERINTENDENT OF THE JASPER COUNTY SCHOOL DISTRICT AND EXPRESSING HEARTFELT GRATITUDE FOR HIS LONG AND HONORABLE SERVICE TO PUBLIC EDUCATION IN JASPER COUNTY AND THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

H. 4104 (Word version) -- Reps. Williams, Neilson, Jefferson and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE LAMAR HIGH SCHOOL GIRLS TRACK TEAM AND THEIR COACHES FOR WINNING THE 2007 STATE CLASS A GIRLS TRACK CHAMPIONSHIP.

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

H. 4112 (Word version) -- Reps. Agnew, White, Gambrell, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND L. TRACY CARTER, JR., PRINCIPAL OF DIXIE HIGH SCHOOL IN ABBEVILLE COUNTY FOR A TRULY DISTINGUISHED THIRTY-EIGHT YEAR CAREER AS A TEACHER, COACH, AND

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

Senator McCONNELL from the Committee on Judiciary polled out H. 3032 favorable:

H. 3032 (Word version) -- Reps. Viers and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CREATE A STUDY COMMITTEE TO STUDY APPROPRIATE ENFORCEMENT OF FEDERAL AND STATE LAWS RELATING TO THE PRESENCE OF ILLEGAL ALIENS IN THIS STATE AND TO RECOMMEND LEGISLATIVE CHANGES AS APPROPRIATE.

McConnell                 Moore                     Ford
Gregory                   Martin                    Rankin
Elliott                   Anderson                  Hawkins
Ritchie                   Knotts                    Malloy
Sheheen                   Bryant                    Campsen
Cleary                    Lourie                    Scott
Williams                  Vaughn

Hutto

Jackson

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Transportation submitted a favorable report on:

H. 3131 (Word version) -- Reps. Harrell and Umphlett: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO CERTAIN CURRENT AND RETIRED ELECTED OFFICIALS, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE UNITED STATES CONGRESS, AND TO MAKE TECHNICAL CHANGES.

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Transportation submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

H. 3254 (Word version) -- Reps. Clyburn, Neilson, Whipper, W.D. Smith, Anderson, Bales, Breeland, R. Brown, Cobb-Hunter, Cooper, Dantzler, Delleney, Harrison, Hayes, Hosey, Howard, Jennings, Limehouse, Mack, Merrill, J.H. Neal, Ott, Owens, Rutherford, Scarborough, Sellers, Umphlett, Viers, Walker and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1600 SO AS TO PROVIDE THAT A SCHOOL THAT HAS RECEIVED AN UNSATISFACTORY ABSOLUTE ACADEMIC PERFORMANCE RATING ON ITS MOST RECENT REPORT CARD SHALL OFFER AN ORIENTATION CLASS ON CERTAIN SCHOOL ISSUES AND TO PROVIDE THAT A PARENT OR GUARDIAN OF A STUDENT SCORING BELOW BASIC ON ANY PORTION OF THE STATE ASSESSMENT WHO IS REGISTERED

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Transportation submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3749 (Word version) -- Reps. W.D. Smith, Mitchell, Kelly, Littlejohn, Mahaffey, Moss, Phillips, Talley and Walker: A BILL TO AMEND SECTION 12-10-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOB DEVELOPMENT CREDITS, SO AS TO ALLOW A TAXPAYER WHO QUALIFIES FOR THE JOB DEVELOPMENT CREDIT AND WHO IS LOCATED IN A MULTI-COUNTY BUSINESS OR INDUSTRIAL PARK TO RECEIVE A CREDIT EQUAL TO THE AMOUNT DESIGNATED TO THE COUNTY WITH THE LOWEST DEVELOPMENT STATUS OF THE COUNTIES CONTAINING THE PARK IN CERTAIN CIRCUMSTANCES.

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Transportation submitted a favorable report on:

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.

Ordered for consideration tomorrow.

S. 769 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING DANNY R. SHARPE UPON THE OCCASION OF HIS RETIREMENT AS EXECUTIVE DIRECTOR OF BEHAVIORAL HEALTH SERVICES OF PICKENS COUNTY AND THANKING HIM FOR HIS MANY YEARS OF SERVICE TO THE FIELD OF MENTAL HEALTH IN THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

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

H. 3953 (Word version) -- Rep. Vick: A BILL TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE FOR ELECTIONS FOR TRUSTEES, AND THE FILING PERIOD FOR DECLARATIONS OF CANDIDACY; AND TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION ADVISORY COUNCILS IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH THE MEMBERSHIP OF CERTAIN ADVISORY COUNCILS IS DETERMINED AND THE NUMBER OF MEMBERS OF EACH ADVISORY COUNCIL.

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M.A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G.M. Smith, Toole, G.R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330 OF THE 1976 CODE, RELATING TO

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

S. 756 (Word version) -- Senator Bryant: A BILL TO PROVIDE THAT, IN ANDERSON COUNTY, ANY REFERENDUM HELD BY A LOCAL TAXING AUTHORITY TO SEEK APPROVAL FOR AN

By prior motion of Senator BRYANT

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

S. 689 (Word version) -- Senator Ritchie: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF UNION COUNTY ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.

S. 493 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.

S. 341 (Word version) -- Senators Setzler and Knotts: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE COLLEGE, UNIVERSITY, OR TECHNICAL COLLEGE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT A CHILD OF CERTAIN ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED SERVICES ALSO QUALIFY FOR FREE TUITION UNDER SPECIFIED CONDITIONS.

H. 3976 (Word version) -- Rep. Ott: A BILL TO ABOLISH THE CALHOUN COUNTY BOARD OF VOTER REGISTRATION AND THE CALHOUN COUNTY ELECTION COMMISSION AND TO

On motion of Senator LAND, H. 3976 was ordered to receive a third reading on Friday, May 18, 2007.

H. 3428 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND CHAPTER 28 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO RESERVE POLICE OFFICERS, SO AS TO PROVIDE FOR LAW ENFORCEMENT AGENCIES OF THE STATE TO APPOINT RESERVE OFFICERS IN THE SAME MANNER AS MUNICIPAL AND COUNTY LAW ENFORCEMENT AGENCIES.

H. 3960 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: A JOINT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".

H. 3290 (Word version) -- Reps. Breeland, R. Brown, Mack, Miller, Scarborough, Stavrinakis and Whipper: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO 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.

H. 3045 (Word version) -- Reps. Cooper, Cobb-Hunter, Umphlett, Mahaffey, Sandifer, G.R. Smith, Hamilton, Davenport, Mitchell, Miller, Battle, Thompson, J.R. Smith, J.H. Neal, M.A. Pitts, Cotty, Ballentine, Haley, Ceips, Funderburk, Brady, White, Kirsh, Jefferson, Vick, McLeod, Harrell, Littlejohn, Lucas, Branham, Delleney, Bowen, Gambrell, Gullick and Sellers: A BILL TO ENACT THE "VOLUNTEER

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

The Committee on Finance proposed the following amendment (3045R004.HKL), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/     SECTION   1.   (A)   It is the purpose of this act to create the 'Volunteer Strategic Assistance and Fire Equipment Pilot Program (V-SAFE)'.

(B)   This act is contingent upon the General Assembly appropriating funds for the offering of grants of not more than thirty thousand dollars to eligible volunteer and combination fire departments for the purpose of protecting local communities and regional response areas from incidents of fire, hazardous materials, terrorism, and to provide for the safety of volunteer firefighters.

(C)(1)   As contained in this chapter:

(a)   'chartered fire department' means a public or governmental sponsored organization providing fire suppression activities with a minimum of a Class 9 rating from the Insurance Services Office;

(b)   'chartered volunteer fire department' means a fire department whose personnel serves with no compensation or is paid on a per call basis; and

(c)   'chartered combination fire department' means a fire department with both members who are paid and members who serve as volunteer firefighters.

(2)   Chartered volunteer fire departments and chartered combination fire departments with a staffing level that is at least fifty percent volunteer are eligible to receive grants pursuant to this chapter. A chartered fire department that receives a grant must comply with the firefighter registration provisions of Act 60 of 2001 and sign the statewide mutual aid agreement with the South Carolina Emergency Management Division.

(D)   The amount of the grants awarded shall not exceed thirty thousand dollars per year for each eligible chartered fire department with no matching or in-kind money required. A chartered fire department may be awarded only one grant in a three-year period.

(E)   The grant money received by a chartered fire department must be used for the following purposes:

(1)   fire suppression equipment;

(2)   self-contained breathing apparatus;

(3)   portable air refilling systems;

(4)   hazardous materials spill leak detection, repair, and recover equipment;

(5)   protective clothing and equipment;

(6)   new and used fire apparatus;

(7)   incident command vehicles;

(8)   special operations vehicles;

(9)   training;

(10)   rescue equipment;

(11)   medical equipment;

(12)   decontamination equipment; and

(13)   safety equipment.

(F)(1)   The State Fire Marshal shall administer the grants in conjunction with a peer review panel.

(2)   The peer review panel shall consist of ten voting members who shall serve without compensation. Seven members must be fire chiefs from each of the seven regions of the State as defined by the State Fire Marshal. The Chairman of the House Ways and Means Committee shall appoint fire chiefs from Regions 1, 2, 3, and 7. The Chairman of the Senate Finance Committee shall appoint fire chiefs from Regions 4, 5, and 6, and one at-large fire chief. The State Fire Marshal also shall serve as a member. The President of the South Carolina State Firefighters' Association shall serve as chairman of the committee.

(3)   The peer review committee shall establish performance-based guidelines for a successful grant application and award grants based on these guidelines.

(4)   The State Fire Marshal shall:

(a)   develop a grant application package utilizing the guidelines developed by the peer review committee;

(b)   establish and market a written and electronic version of the grant application package;

(c)   provide an annual report of all grant awards and corresponding chartered fire department purchases to the respective Chairmen of the House Ways and Means Committee and Senate Finance Committee;

(d)   provide all administrative support to the peer review committee; and

(e)   provide a grants web page for electronic applications.

(5)   By March fifteenth, the peer review panel must submit a report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee detailing actions made by the panel regarding the awarding of grants and evaluating the success of the program.

(G)(1)   Three percent of these funds must be awarded to the South Carolina State Firefighters' Association annually for the express purpose of establishing and maintaining a recruitment and retention program for volunteer firefighters.

(2)   By March fifteenth, the association must submit a report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee explaining and itemizing the expenditure of any of the funds awarded in subsection (A).

(H)   The provisions of this chapter expire June 30, 2008.

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 50 OF THE 1976 CODE, TO PROVIDE THAT IT IS UNLAWFUL STATEWIDE TO BUY, SELL, OR DISPLAY FOR SALE CARCASSES OR PARTS OF WILD RABBITS AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS, TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME, TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS FOR WILD TURKEYS, TO PROVIDE A DEFINITION OF ARCHERY EQUIPMENT, TO SET LIMITS ON THE SIZE OF LARGEMOUTH BASS THAT MAY BE TAKEN FROM LAKE WYLIE, TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY, TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE, TO MAKE IT UNLAWFUL STATEWIDE TO RIDE A SURFBOARD NEAR FISHING PIERS, AND TO REPEAL SECTIONS 50-3-360, 50-11-30, 50-11-550, 50-13-20, 50-13-65, 50-13-90, 50-13-980, 50-13-1010, 50-13-1020, 50-19-2220, 50-19-2230, AND 50-19-3010.
(ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

Senator KNOTTS proposed the following Amendment No. P-1 (JUD0691.002), which was adopted:

Amend the committee report, as and if amended, by striking Section 50-11-708(A), lines 27-42 on page [691-1] and inserting:

/   "Section 50-11-708.   [Text of section effective until July 1, 2007; for text of section effective from and after that date, see infra.]

(A) In Game Zone 6 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest in real property from the use of artificial lights from any vehicle or water conveyance for the purpose of surveying or protecting the property. This section does not prohibit a person or group observing wildlife with the use of artificial lights who

(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox.

[Effective July 1, 2007, this section reads as follows and is named "Use of artificial lights; penalties"; for text of section effective until that date, see supra.]

(A) In all game zones the use of artificial lights for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest in real property from the use of artificial lights for the purpose of surveying or protecting the property. This section does not prohibit a person or group observing wildlife with the use of artificial lights who is engaged in research or documentary filming when done with written permission of the department and the landowner or leaseholder of the property.

(A) In all game zones, the use of artificial lights for the purpose of observing or harassing wildlife is unlawful, except that a property owner, lessee, or person with written permission from the property owner may use artificial lights to observe wildlife prior to 11:00 p.m. This section does not prohibit an owner of real property from using artificial lights for the purpose of protecting the property. This section does not prohibit the use of remote trail monitors or cameras from fixed locations on a property, nor does it prohibit a person or group, with written permission of the landowner or leaseholder of the property, from observing wildlife with the use of artificial lights who is engaged in research or documentary filming.

(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox."   /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

The amendment was adopted.

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20330SD07), which was adopted:

Amend the bill, as and if amended, by striking Section 50-11-708(A) of the 1976 Code, as contained in SECTION 6, and inserting:

/   (A)   In Game Zone 6 all game zones the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest in real property his lessee from the use of using artificial lights from any a vehicle or water conveyance for the purpose of surveying or protecting the property. This section does not prohibit a person or group observing wildlife with the use of artificial lights who is engaged in research or documentary filming when done with written permission of the landowner and/or leaseholder of the property. This section does not prohibit the use of remote trail monitors or cameras from fixed locations on a property, nor does it prohibit a person or group, with written permission of the landowner or leaseholder of the property, from observing wildlife with the use of artificial lights who is engaged in research or documentary filming. /

Amend the bill further, as and if amended, by striking SECTION 9 in its entirety.

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

Senator ELLIOTT proposed the following Amendment No. 1 (691R002.DE), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/     SECTION   ___.   Section 50-11-500(4) of the 1976 Code is amended to read:

"(4)   It is unlawful for a person to buy, sell, offer for sale, barter, or have in possession for sale any wild turkeys. Notwithstanding this subsection or any other provision of law, a person may buy, sell, offer for sale, barter, or have in possession for sale the feathers of a legally

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT 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.

H. 3490 (Word version) -- Reps. G.M. Smith, E.H. Pitts, Delleney, Harrison, Hart, Lucas, Rutherford, Sandifer, Stavrinakis, Thompson, Weeks, Whitmire and McLeod: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 5 SO AS TO CREATE THE "ALCOHOL EDUCATION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT CERTAIN ALCOHOL-RELATED OFFENSES, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

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

Senator HUTTO proposed the following Amendment No. P-1 (JUD3490.002), which was adopted:

Amend the committee amendment, as and if amended, page [3490-1], by striking lines 23-26.

Amend the committee amendment further, as and if amended, page [3490-1], by striking lines 33-38 and inserting:

/   (11)   another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

The Judiciary Committee proposed the following amendment (JUD3490.001), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 19-20 and inserting:

/   (1)   is less than twenty-one years of age at the time of arrest;/

Amend the bill, as and if amended, page 3, by striking lines 1-6 and inserting:

/   (9)   transfer of alcoholic liquors for underage person's consumption pursuant to Section 61-6-4070;

(10)   possession of an altered driver's license or other false documentation pursuant to Section 56-1-515; and

(11)   another offense similar in nature and severity to the above-described offenses, as determined by the circuit solicitor. However, the provisions of this item may not be construed to include an offense enumerated in Section 56-1-286, Section 56-5-2930, or Section 56-5-2933 arising out of a moving violation.   /

Amend the bill further, as and if amended, by striking Section 17-22-560 in its entirety (page 3, lines 42-43, and on page 4, lines 1-26), and inserting:

/   Section 17-22-560.   Each circuit solicitor shall submit to the Commission on Prosecution Coordination necessary identifying information on each enrollee for the creation and maintenance of a list of enrollees in alcohol education programs. This list is to be used by the commission for the sole purpose of complying with Section 17-22-520(A) and (B). The information maintained by the commission may be released only to a circuit solicitor for the purpose of determining eligibility for an alcohol education program."       /     Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3525 (Word version) -- Reps. Bedingfield, G.R. Smith, Pinson, J.H. Neal, F.N. Smith, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Brantley, Cato, Frye, Funderburk, Gullick, Haley, Harrell, Hart, Harvin, Haskins, Hodges, Howard, Kelly, Knight, Littlejohn, Mahaffey, Moss, Mulvaney, Neilson, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Walker and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-950 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN RELEASED FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED FOR FAILURE TO COMPLY WITH AN ORDER FOR CHILD SUPPORT MAY OBTAIN A SPECIAL ROUTE-RESTRICTED DRIVER'S LICENSE FROM THE DEPARTMENT OF MOTOR VEHICLES.

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

Senator CROMER proposed the following Amendment No. P-1 (JUD3525.001), which was adopted:

Amend the committee report, document number (JUD3525.002), as and if amended, page 2, by inserting an appropriately lettered subsection after subsection (E) to read:

/   (F)   The fee for a special route-restricted driver's license must be in accordance with Section 56-1-140."     /

Renumber sections to conform.

Amend title to conform.

Senator CROMER explained the amendment.

The amendment was adopted.

The Judiciary Committee proposed the following amendment (JUD3525.002), which was adopted:

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

/   SECTION   1.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-171.   (A)   A person whose driver's license has been suspended for failure to comply with an order for child support may obtain a special route-restricted driver's license from the Department of Motor Vehicles. The special route-restricted driver's license allows the person to only operate a motor vehicle as transportation between his home and work, or as a part of his work duties, or as transportation to a college, university, technical college, or any other institution of higher learning in which he is enrolled.

(B)   If the Department of Motor Vehicles issues a special route-restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the Department of Motor Vehicles by the person.

(C)   The fee for a special route-restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.

(D)   The operation of a motor vehicle outside the time limits and route imposed by a special route-restricted license by the person issued that license is a violation of Section 56-1-460.

(E)   If after six months of obtaining the special route-restricted driver's license the person is still substantially out of compliance with the order for support, the Department of Social Services shall notify the Department of Motor Vehicles to suspend the special route-restricted driver's license. The Department of Motor Vehicles shall suspend the special route-restricted driver's license until the Department of Social Services notifies the Department of Motor Vehicles to withdraw the suspension."   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 668 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-11-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE APPLICATION OF CHAPTER 11, TITLE 40 (CONTRACTORS LICENSING ACT), SO AS TO EXEMPT A PROJECT IF IT IS A METAL FARM BUILDING LESS THAN FIVE THOUSAND SQUARE FEET USED ONLY FOR LIVESTOCK OR STORAGE.

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

Senator ALEXANDER proposed the following amendment (668R001.TCA), which was adopted:

Amend the bill, as and if amended, on page 1, line 28 by adding an appropriately numbered new SECTION to read:

/   SECTION ___.   Section 40-11-360(B)(4) of the 1976 Code is amended by adding an appropriately numbered new item to read:

"( )   portable storage buildings."         /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER 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.

S. 310 (Word version) -- Senators Hayes, Setzler and Gregory: 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 THE GROSS PROCEEDS OF SALES OR SALES PRICE OF DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL SUPPLIES ELIGIBLE FOR

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

The Committee on Finance proposed the following amendment (310R003.WHO), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Section 12-36-2120 of the 1976 Code, is amended by adding an appropriately numbered item at the end to read:

"( )   durable medical equipment and related supplies:

(a)   as defined under federal and state Medicaid and Medicare laws;

(b)   which is paid directly by funds of this State or the United States under the Medicaid or Medicare programs, where state or federal law or regulation authorizing the payment prohibits the payment of the sale or use tax, and

(c)   sold by a provider who holds a South Carolina retail sales license and whose principal place of business is located in this State."

SECTION   2.   Notwithstanding the sales and use rates imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales of items described in SECTION 1 is five and one-half percent for such sales from July 1, 2007, through June 30, 2008, four percent for such sales from July 1, 2008, through June 30, 2009, three percent for such sales from July 1, 2009, through June 30, 2010, two percent for such sales from July 1, 2010, through June 30, 2011, one percent for such sales from July 1, 2011, through June 30, 2012, and as of July 1, 2012, there shall be no sales and use rates on the gross proceeds of sales of items described in SECTION 1. Eighty percent of the revenues of the sales taxes raised by the special tax rates provided pursuant to this section must be credited to the general fund of the State and used as sales taxes are used and the remainder must be credited to the Education Improvement Act Fund.

SECTION   3.   Beginning with the February 15, 2008, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually thereafter, if the forecast of that growth equals at least five percent of the most recent estimate by

SECTION   4.   This act takes effect July 1, 2007.       /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Senator BRYANT wished the Journal to reflect that he recused himself from any consideration of and voting on S. 310.

On motion of Senator SETZLER, with unanimous consent, S. 310 was ordered to receive a third reading on Friday, May 18, 2007.

Senator BRYANT wished the Journal to reflect that he recused himself from any consideration of and voting on S. 310.

S. 377 (Word version) -- Senators Ritchie, McConnell, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE INVESTMENT ACT OF 2007" TO PROVIDE THAT A RESIDENT TAXPAYER WHO CONSTRUCTS A COMMERCIAL BUILDING THAT MEETS THE STANDARDS SET

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

The Committee on Finance proposed the following amendment (377R004.JHR), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Chapter 52, Title 48 of the 1976 Code is amended by adding:

Section 48-52-1000.   This article may be cited as the 'Energy Independence and Sustainable Investment Act of 2007'.

Section 48-52-1010.   As used in this article:

(1)   'Building project' means the design, construction, renovation, operation, and maintenance of any inhabited physical structure used for commercial purposes and its associated project building site.

(2)   'Commercial facility project' means:

(a)   a new construction building project in which the building to be constructed is larger than 10,000 conditioned square feet; or

(b)   a building renovation project where the project involves more than fifty percent of the replacement value of the facility or a change in occupancy; or

(c)   a commercial interior tenant fit-out project that is larger than 7,500 conditioned square feet of leasable area.

'Commercial facility project' does not mean a building, regardless of size, that does not have conditioned space as defined by Standard 90.1 of the American Society of Heating, Refrigerating and Air-

(3)   'Commercial interior fit-out' means interior design and installation by owners or tenants of new or existing office space, typically exclusive of structural components and core and shell elements.

(4)   'GBI' means the Green Building Initiative.

(5)   'Globes' means the level of a building's sustainability and energy efficiency performance as determined by GBI's Green Globes Rating System.

(6)   'Green Globes Rating System' means the environmental building rating systems established by the Green Building Initiative.

(7)   'High-performance building' means a building designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment.

(8)   'LEED' means the U.S. Green Building Council's Leadership in Energy and Environmental Design Rating Systems.

(9)   'LEED Silver standard' means the Silver standard as set forth by USGBC's LEED Green Building Rating Systems.

(10)   'Permitting Agency' means a governmental authority that issues the certificate of occupancy for a commercial facility project.

(11)   'Renovation project' means a building project involving the modification or adaptive reuse of an existing facility.

(12)   'USGBC' means the United States Green Building Council.

Section 48-52-1020.   The purpose of this article is to promote effective energy and environmental standards for construction, rehabilitation, and maintenance of buildings in this State; thereby, improving the state's capacity to design, build, and operate high-performance buildings, thus creating new jobs and contributing to economic growth and increasing the state's energy independence. To accomplish the objectives of this article, the State shall adopt policies and procedures that:

(1)   optimize the energy performance of buildings throughout this State;

(2)   increase the demand for environmentally preferable building materials, finishes, and furnishings;

(3)   improve environmental quality in this State by decreasing the discharge of pollutants from buildings and their manufacture;

(4)   create public awareness of new technologies that can improve the health and productivity of building occupants by meeting advanced criteria for indoor air quality;

(5)   improve working conditions and reduce building-related health problems;

(6)   reduce the state's dependence upon imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources;

(7)   protect and restore this state's natural resources by avoiding development of inappropriate building sites;

(8)   reduce the burden on municipal water supply and treatment by reducing potable water consumption;

(9)   reduce waste generation and to manage waste through recycling and diversion from landfill disposal; and

(10)   ensure commercial buildings in this State have building systems that are designed, installed, and tested to perform according to the building's design intent and its operational needs through third-party, post-construction review, and verification.

Section 48-52-1030.   (A)   A resident taxpayer who constructs a commercial facility project in this State that is designed, constructed, and at least certified as receiving three globes using the Green Globes Rating System or receiving the LEED Silver standard may receive a credit against income taxes pursuant to Section 12-6-3630.

(B)   The South Carolina Energy Office may petition the General Assembly to require a commercial facility project be certified to a high-performance building rating system standard in addition to or instead of the systems provided in this article in order to receive the credit. However, any alternate rating system adopted by the General Assembly must be no less stringent than the systems provided in this article.

Section 48-52-1040.   (A)   In order to become certified using a LEED rating system, a commercial facility project shall register with USGBC prior to filing the first building construction permit application with the Permitting Agency. USGBC shall have the sole discretion in determining whether a commercial facility project receives certification.

(B)   In order to become certified using a Green Globes Rating System, a commercial facility project shall register with GBI prior to filing the first building construction permit application. GBI shall have the sole discretion in determining whether a commercial facility project receives certification.

Section 48-52-1050.   (A)(1)   A taxpayer who intends to construct a commercial facility project so as to receive three globes using the Green Globes Rating System or to receive the LEED Silver standard, or higher, may provide an environmental performance bond that is due and payable to the Permitting Agency. The environmental performance bond must be provided prior to filing the first building construction permit application with the Permitting Agency.

(2)   Upon receipt of the environmental performance bond, the Permitting Agency has twenty-one days to render a decision regarding the application of all necessary permits regarding the commercial facility project. If the application is not complete, the Permitting Agency shall notify the applicant of the incomplete application and include in the notice an itemized list of the information or materials that are necessary to complete the application. The Permitting Agency shall make a good faith determination of the completeness of any application made. If the Permitting Agency fails to render a decision regarding a complete application, the Permitting Agency shall immediately return the bond to the taxpayer. Despite the return of the bond, the taxpayer is still afforded the rights allowed in this article.

(B)   Upon proof of posting an environmental performance bond, any additional required building permit from the same Permitting Agency shall be free of charge.

(C)   The amount of the environmental performance bond allowed in this section shall be three percent of the total cost of the commercial facility project. The maximum amount of a performance bond shall be three million dollars.

(D)   The Permitting Agency shall retain the environmental performance bond until it is determined whether the commercial facility project meets the certification requirements set forth in Section 48-52-1040. If the commercial facility project is certified by a system provided in this article, the Permitting Agency shall refund the environmental performance bond to the taxpayer. If the commercial facility project fails to be certified by a system provided in this article, the taxpayer forfeits twenty percent of the environmental performance bond to the Permitting Agency as consideration for the expedited permit process. The Permitting Agency has ten calendar days to refund the applicable amount of the environmental performance bond.

(E)(1)   In lieu of the bond allowed by this section, the Permitting Agency may accept an irrevocable letter of credit from a financial institution authorized to do business in this State or evidence of cash

(2)   In the event that the environmental performance bond earns interest, the taxpayer and the Permitting Agency shall equally divide the interest when the bond is returned to the taxpayer.

Section 48-52-1060.   Upon recommendation of the South Carolina Chapter of the USGBC, the General Assembly shall annually honor not more than five taxpayers with the South Carolina Energy Independence Leadership Award. The award shall be given to the five taxpayers who best exemplify the goals of this article as set forth in Section 48-52-1020."

SECTION   2.   Article 25, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3630.   (A)   A resident taxpayer, whether owner or tenant, who constructs a commercial facility project in this State that is designed, constructed, and at least certified as receiving three globes using the Green Globes Rating System or receiving the LEED Silver standard, is allowed a nonrefundable credit against state income taxes pursuant to Section 48-52-1030 equal to:

(1)   for the first ten thousand conditioned square feet, one dollar and fifty cents of tax credit per square foot;

(2)   for up to the next forty thousand conditioned square feet, seventy-five cents of tax credit per square foot; and

(3)   for the next fifty thousand conditioned square feet or greater, fifty cents of tax credit per square foot.

(B)   In order to qualify for the credit, a commercial facility project obtaining certification as receiving three globes using the Green Globes Rating System must earn at least twenty percent of the available points for energy performance under 'C.1.1 Energy Consumption'. A commercial facility project obtaining certification as meeting the LEED Silver standard must earn at least forty percent of the available points for energy performance under 'EA Credit 1: Optimize Energy Performance'.

(C)   A taxpayer may claim the credit in the taxable year in which the commercial facility project first receives certification. The credit shall be claimed in the first year of certification and for each of the three succeeding tax years. The credit shall be distributed in four equal amounts over each of the four years. In order to claim the credit allowed by this section, the taxpayer must attach to the return a copy of the certification obtained by USGBC or GBI verifying that the commercial facility project has been certified in accordance with this

(D)   If a commercial facility project, to which a credit is allowed to a building owner pursuant to this section, is sold or transferred with any allowable credit remaining, the remaining credit may be claimed by the new owner. The tax credit for the year of sale shall be allocated between the parties on the basis of the number of days during such year that the commercial facility project was held by each.

(E)   If a commercial facility project to which a credit is allowed to a tenant pursuant to this section and the tenancy is terminated with any allowable credit remaining, the remaining credit may be claimed by the successor tenant. The tax credit for the year of termination shall be allocated between the parties on the basis of the number of days during such year that the commercial facility project was used by each.

(F)   The Department of Revenue shall annually submit a report regarding commercial facility projects to the General Assembly that includes:

(1)   the number and types of buildings designed and constructed;

(2)   the amount of credit claimed in the previous taxable year; and

(3)   any conflicts or barriers that hinder the effectiveness of this article."

SECTION   3.   This act takes effect upon approval by the Governor and applies to commercial facility projects receiving certification after December 31, 2007.         /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4030 (Word version) -- Reps. McLeod, Leach, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis,

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

H. 3207 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES GAUL CREEK ALONG SOUTH CAROLINA HIGHWAY 3 IN ALLENDALE COUNTY "CLEMENT O. MCINTOSH, SR. BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CLEMENT O. MCINTOSH, SR. BRIDGE".

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

H. 3844 (Word version) -- Reps. Vick, Neilson, Lucas and Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG DON HILL ROAD (S-13-59) IN CHESTERFIELD COUNTY "BOATWRIGHT BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT

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

H. 3955 (Word version) -- Reps. Bedingfield, G.R. Smith, Cato, Bannister, Scarborough, Shoopman, M.A. Pitts, Duncan, Sandifer, Cooper, Merrill, Crawford, Jennings, Mulvaney, J.M. Neal, G.M. Smith, Miller 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.

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

Senator VERDIN proposed the following amendment (3955R001.DBV), which was adopted:

Amend the concurrent resolution, as and if amended, on page 1, by striking lines 28 - 33 and inserting:

/   Whereas, the nine H.O.G. local chapters in South Carolina are located in Anderson, Charleston, Columbia, Florence, Greenville, Irmo, Myrtle Beach, Rock Hill, and Spartanburg. Together, the chapters boast a membership of over eleven thousand Harley enthusiasts; and/

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

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.

On motion of Senator SETZLER, the Bill was carried over.

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.

On motion of Senator MOORE, the Bill was carried over.

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.

On motion of Senator HUTTO, the Bill was carried over.

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

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 484 (Word version) -- Senators Fair and Jackson: A BILL TO AMEND SECTION 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF INDEPENDENT INSTITUTION OF HIGHER LEARNING FOR PURPOSES OF PROVIDING TUITION GRANTS, SO AS TO INCLUDE IN THE

The House returned the Bill with amendments.

On motion of Senator COURSON, 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. 661 (Word version) -- Senators Gregory, Campsen and Ford: A JOINT RESOLUTION TO EXTEND UNTIL JANUARY 31, 2008, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.

The House returned the Joint Resolution with amendments.

On motion of Senator GREGORY, 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.

H. 3456 (Word version) -- Reps. M.A. Pitts, Pinson and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-150 SO AS TO AUTHORIZE A LOCAL OFFICIAL OR LANDOWNER TO SEEK TO REMOVE AND SELL OR REMOVE AND DESTROY A DERELICT MOBILE HOME BY APPLYING TO THE MAGISTRATES COURT AND TO ALLOW A

The House returned the Bill with amendments.

On motion of Senator MARTIN, 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. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO PROVIDE FOR THE RESTRUCTURING OF THE DEPARTMENT OF TRANSPORTATION. (ABBREVIATED TITLE)

On motion of Senator MARTIN, with unanimous consent, the Bill was requested to be returned from the House.

The Bill was returned from the House.

On motion of Senator MARTIN, the following amendment was taken up for immediate consideration.

Senator McCONNELL proposed the following Amendment No. 1 (GFM), which was adopted:

Amend the bill, as and if amended, on page 8, by striking lines 8 - 13 and inserting:

/   (2)   Any request made under this subsection for resurfacing, installation of new signals, curb cuts on primary roads, bike lanes, or construction projects under ten million dollars must be reviewed by the Chief Highway Engineer who must certify in writing to the Executive Director that the request is needed based upon objective and quantifiable factors before work may proceed.       /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

The Bill was amended, passed and ordered returned to the House of Representatives with amendments.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 17, 2007, at 12:43 P.M. and the following Acts and Joint Resolution were ratified:

(R52, S. 266 (Word version)) -- Senators Martin, Ford, Campsen and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF NONESSENTIAL

(R53, S. 277 (Word version)) -- Senator Verdin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKER 11 AND ITS CONFLUENCE WITH INTERSTATE HIGHWAY 26, AND ADJACENT TO INTERSTATE HIGHWAY 26 FROM ITS CONFLUENCE WITH INTERSTATE HIGHWAY 385 TO THE NEWBERRY COUNTY LINE.
L:\COUNCIL\ACTS\277CM07.DOC

(R54, S. 312 (Word version)) -- Senators Martin, Hayes, Drummond, Thomas, Verdin, Vaughn, Mescher, Cromer, Elliott, Anderson, Sheheen, Reese, O'Dell, Alexander and Short: AN ACT TO AMEND SECTIONS 6-23-20, 6-23-30, AND 6-23-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT, SO AS TO MAKE GRAMMATICAL CHANGES AND CORRECT ARCHAIC LANGUAGE, TO DELETE THE REQUIREMENT THAT THE ACQUISITION OF A PROJECT BE BY PURCHASE FROM AN

(R55, S. 702 (Word version)) -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PURPOSE OF TEACHER CONTRACTS NEGOTIATED FOR THE 2007-2008 SCHOOL YEAR, DATES FOR COMPLETING CERTAIN REQUIREMENTS ARE EXTENDED FOR ONE YEAR.
L:\COUNCIL\ACTS\702AC07.DOC

(R56, H. 3466 (Word version)) -- Reps. Umphlett, Hinson, E.H. Pitts, Haley, Ballentine, Huggins, Vick, Agnew, Anderson, Battle, Bingham, R. Brown, Cato, Ceips, Chellis, Cobb-Hunter, Dantzler, Duncan, Funderburk, Hagood, Harvin, Herbkersman, Jefferson, Jennings, Knight, Limehouse, Lowe, Mahaffey, Merrill, Miller, Ott, Owens, Parks, Pinson, M.A. Pitts, Sandifer, Scarborough, Scott, Sellers, Simrill, Spires, Stavrinakis, Taylor, White, Whitmire, Williams, Toole, Bowen, Gullick, Hodges and Crawford: AN ACT TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" TO ALLOW THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN UNPERMITTED STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER CERTAIN SPECIFIED CONDITIONS, WITH A CORRESPONDING AUTHORITY OF AN FERC LICENSEE TO DO THE SAME ON A LAKE LICENSED IN CONNECTION WITH A HYDROPOWER FACILITY, CREATES THE PUBLIC WATERS NUISANCE ABATEMENT FUND TO PAY FOR STRUCTURE REMOVAL,

On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Dietetics Educator:

Dr. Mary Etta Moorachian, 1735 Bentgrass Lane, Tega Cay, S.C. 29708

Initial Appointment, State Board of Pharmacy, with term to commence June 30, 2007, and to expire June 30, 2013

5th Congressional District:

Hubert "Hugh" F. Mobley, R. Ph., Mobley Drugs, Inc., 1073 West Meeting Street, Lancaster, S.C. 29720 VICE Marvin Hyatt

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2005, and to expire June 30, 2009

4th Congressional District:

Michael David Mitchell, Orthopaedic Associates, 1330 Boiling Springs Rd., Suite 1600, Spartanburg, S.C. 29303 VICE Paul Aughtry

Initial Appointment, Medical Diciplinary Commission of the State Board of Medical Examiners, with term to commence July 1, 2007, and to expire July 1, 2010

Public/Layman:

Paula Suzette Jordon, Bob Jones University, 1700 Wade Hampton Blvd., Greenville, S.C. 29614

Reappointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2007, and to expire June 30, 2011

1st Congressional District:

Edwin H. Cooper III, 1319 Cove Ave., Sullivan's Island, S.C. 29482

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2005, and to expire June 30, 2009

At-Large - Chairman:

Paul "Bo" C. Aughtry III, 412 Crescent Ave., Greenville, S.C. 29605 VICE Edwin Cooper

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Consulting - SCDA:

Nancy R. Taylor, NuCommunity, LLC, 135 Eagles Nest Drive, Suite J1, Seneca, S.C. 29678

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Public:

Megan A. Faulkner, Trident United Way, 6296 Rivers Ave., Charleston, S.C. 29406

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Management of Nutritional Services:

G. Robert Bowers, 306 Sassafras Drive, Easley, S.C. 29642

Initial Appointment, South Carolina Panel for Dietetics, with term to commence May 30, 2007, and to expire May 30, 2009

Community Health - SCDA:

Phyllis A. Allen, SC DHEC, 2600 Bull St., Box 101106, Columbia, S.C. 29201

Having received a favorable report from the Committee on Education, the following appointment was confirmed in open session:

Initial Appointment, South Carolina Public Charter School District Board of Trustees, with term to commence July 1, 2006, and to expire July 1, 2008

SC School Board Assn.:

Kathleen M. Bounds, 1104 Hollybrooke Drive, Moncks Corner, S.C. 29461

Having received a favorable report from the Committee on Transportation, the following appointments were confirmed in open session:

Reappointment, South Carolina State Ports Authority, with term to commence March 19, 2007, and to expire March 19, 2014

At-Large:

Whitemarsh S. Smith III, 12 Greenhill St., Charleston, S.C. 29401

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 2005, and to expire February 13, 2012

At-Large:

Karen L. Floyd, The Palladian Group, 113 West Main St., Spartanburg, S.C. 29306 VICE Glen Kilgore

At 12:50 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

This web page was last updated on Monday, June 22, 2009 at 2:02 P.M.