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


Printed Page 2726 . . . . . Wednesday, May 23, 2007

Wednesday, May 23, 2007
(Statewide Session)

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.

RECESS

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Elections

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


Printed Page 2727 . . . . . Wednesday, May 23, 2007

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.

Election of a Successor to the Position of Justice
Supreme Court, Seat #5

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

Total--15

The following named Senators voted for Judge Hearn:

Alexander              Cleary                 Elliott
Grooms                 Hayes                  Knotts

Printed Page 2728 . . . . . Wednesday, May 23, 2007

Leatherman             McGill                 Moore
O'Dell                 Rankin                 Thomas
Vaughn

Total--13

The following named Senators voted for Judge Williams:

Bryant                 Campsen                Courson
Cromer                 Drummond               Fair
Martin                 McConnell              Peeler
Ritchie                Ryberg                 Setzler
Verdin

Total--13

Objection

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

Printed Page 2729 . . . . . Wednesday, May 23, 2007

Parks                     Perry                     Rutherford
Sandifer                  Scott                     Sellers
Shoopman                  F. N. Smith               J. R. Smith
W. D. Smith               Talley                    Vick
Walker                    Weeks                     Whipper
White                     Williams                  Young

Total--63

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

Total--22

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

Total--37


Printed Page 2730 . . . . . Wednesday, May 23, 2007

The following named Senator abstained from voting:

Short

RECAPITULATION

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.

Second 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

Total--17

The following named Senators voted for Judge Hearn:

Alexander              Cleary                 Elliott
Hayes                  Knotts                 Leatherman
McGill                 O'Dell                 Rankin
Setzler                Vaughn

Total--11


Printed Page 2731 . . . . . Wednesday, May 23, 2007

The following named Senators voted for Judge Williams:

Bryant                 Campsen                Courson
Cromer                 Fair                   Grooms
Martin                 McConnell              Peeler
Ritchie                Ryberg                 Thomas
Verdin

Total--13

The following named Senator abstained from voting:

Short

Objection

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

Printed Page 2732 . . . . . Wednesday, May 23, 2007

Shoopman                 F. N. Smith               J. R. Smith
W. D. Smith              Talley                    Vick
Walker                   Weeks                     Whipper
White                    Williams                  Young

Total--63

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

Total--21

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--38

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   122


Printed Page 2733 . . . . . Wednesday, May 23, 2007

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.

Objection

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.

Third 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               McGill                 Moore
O'Dell                 Patterson              Pinckney
Reese                  Scott                  Sheheen
Williams

Total--19

The following named Senators voted for Judge Hearn:

Alexander              Cleary                 Elliott
Hayes                  Knotts                 Leatherman
Rankin                 Vaughn

Total--8


Printed Page 2734 . . . . . Wednesday, May 23, 2007

The following named Senators voted for Judge Williams:

Bryant                 Campsen                Courson
Cromer                 Fair                   Grooms
Martin                 McConnell              Peeler
Ritchie                Ryberg                 Setzler
Thomas                 Verdin

Total--14

The following named Senator abstained from voting:

Short

Total--1

Objection

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

Printed Page 2735 . . . . . Wednesday, May 23, 2007

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

Total--65

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

Total--17

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--40


Printed Page 2736 . . . . . Wednesday, May 23, 2007

RECAPITULATION

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.

Election of a Successor to the Position of Judge
Court of Appeals, Seat #7

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

Total--6

The following named Senators voted for Judge Konduros:

Alexander              Courson                Cromer
Drummond               Fair                   Hawkins
Hayes                  Knotts                 Land

Printed Page 2737 . . . . . Wednesday, May 23, 2007

Lourie                 Martin                 Moore
O'Dell                 Patterson              Peeler
Reese                  Ritchie                Setzler
Short                  Thomas                 Vaughn
Verdin

Total--22

The following named Senators voted for Judge Pieper:

Bryant                 Campsen                Cleary
Elliott                Ford                   Grooms
Hutto                  Jackson                Matthews
McConnell              Pinckney               Rankin
Scott

Total--13

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

Total--31

The following named Representatives voted for Judge Konduros:

Allen                    Anderson                  Anthony
Ballentine               Bannister                 Barfield
Bedingfield              Bingham                   Bowen

Printed Page 2738 . . . . . Wednesday, May 23, 2007

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

Total--43

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--46

  RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   120
Grand Total   161


Printed Page 2739 . . . . . Wednesday, May 23, 2007

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.

Second 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

Total--4

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

Total--21

The following named Senators voted for Judge Pieper:

Bryant                 Campsen                Cleary
Elliott                Ford                   Grooms
Hutto                  Jackson                Malloy
Matthews               McConnell              Patterson
Pinckney               Rankin                 Ryberg
Scott

Total--16


Printed Page 2740 . . . . . Wednesday, May 23, 2007

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

Total--23

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

Total--44

The following named Representatives voted for Judge Pieper:

Bowers                   Brantley                  Breeland
R. Brown                 Chalk                     Chellis
Clemmons                 Clyburn                   Cobb-Hunter

Printed Page 2741 . . . . . Wednesday, May 23, 2007

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--53

RECAPITULATION

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.

Third 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.


Printed Page 2742 . . . . . Wednesday, May 23, 2007

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

Total--24

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

Total--17

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

Printed Page 2743 . . . . . Wednesday, May 23, 2007

Sandifer                 Scarborough               Scott
Shoopman                 Skelton                   F. N. Smith
G. M. Smith              G. R. Smith               W. D. Smith
Spires                   Taylor                    Thompson
Toole                    Walker                    Weeks
Whitmire

Total--55

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--64

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   119
Grand Total   160


Printed Page 2744 . . . . . Wednesday, May 23, 2007

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.

Election of a Successor to the Position of Judge
Circuit Court, 15th Judicial Circuit, Seat #2

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

Total--21

The following named Senators voted for Mr. Hyman:

Bryant                 Cromer                 Elliott
Fair                   Grooms                 Hawkins
Hayes                  Hutto                  Jackson
Knotts                 Leatherman             Lourie

Printed Page 2745 . . . . . Wednesday, May 23, 2007

Malloy                 Martin                 Matthews
Moore                  Patterson              Rankin
Setzler                Thomas

Total--20

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

Total--59

The following named Representatives voted for Mr. Hyman:

Agnew                  Ballentine             Barfield
Bedingfield            Bowen                  Bowers
Brady                  Brown, R.              Cato
Clemmons               Coleman                Cooper
Cotty                  Dantzler               Edge

Printed Page 2746 . . . . . Wednesday, May 23, 2007

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--59

RECAPITULATION

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.

Presentations

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.


Printed Page 2747 . . . . . Wednesday, May 23, 2007

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.

Election to the Board of Trustees of Coastal Carolina University
1st District, Seat #1

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.


Printed Page 2748 . . . . . Wednesday, May 23, 2007

Election to the Board of Trustees of Coastal Carolina University
2nd District, Seat #3

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.

Election to the Board of Trustees of Coastal Carolina University
3rd District, Seat #5

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.

Election to the Board of Trustees of Coastal Carolina University
4th District, Seat #7

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.


Printed Page 2749 . . . . . Wednesday, May 23, 2007

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.

Election to the Board of Trustees of Coastal Carolina University
5th District, Seat #9

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.

Election to the Board of Trustees of Coastal Carolina University
6th District, Seat #11

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.


Printed Page 2750 . . . . . Wednesday, May 23, 2007

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.

Election to the Board of Trustees of Coastal Carolina University
At-Large, Seat #13

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

Total--20

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

Total--19


Printed Page 2751 . . . . . Wednesday, May 23, 2007

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. Spivey:

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

Total--69

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

Printed Page 2752 . . . . . Wednesday, May 23, 2007

Kirsh                    Lowe                      Lucas
Mack                     Moody-Lawrence            Neilson
Ott                      Rutherford                Scarborough
Scott                    Shoopman                  Simrill
G. M. Smith              Spires                    Taylor
Whipper                  Williams                  Young

Total--39

RECAPITULATION

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.

Election to the Board of Trustees of Coastal Carolina University
At-Large, Seat #15

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.

Objection

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.


Printed Page 2753 . . . . . Wednesday, May 23, 2007

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

Total--16

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

Total--16

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

Printed Page 2754 . . . . . Wednesday, May 23, 2007

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

Total--47

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--24

RECAPITULATION

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


Printed Page 2755 . . . . . Wednesday, May 23, 2007

position on the Board of Trustees for Coastal Carolina University, Seat #15 for the term prescribed by law.

Election to the Board of Trustees of
South Carolina State University
1st District, Seat #1

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.

Election to the Board of Trustees of
South Carolina State University
2nd District, Seat #2

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.


Printed Page 2756 . . . . . Wednesday, May 23, 2007

Election to the Board of Trustees of
South Carolina State University
4th District, Seat #4

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.

Election to the Board of Trustees of
South Carolina State University
At-Large, Seat #8

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

Printed Page 2757 . . . . . Wednesday, May 23, 2007

Rankin                 Ritchie                Sheheen
Short                  Verdin                 Williams

Total--21

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

Total--17

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

Total--33

The following named Representatives voted for Dr. Martin:

Allen                    Anderson                  Ballentine
Bannister                Bedingfield               Bingham
Bowers                   Brady                     Brantley
Breeland                 R. Brown                  Chellis
Clemmons                 Cooper                    Cotty

Printed Page 2758 . . . . . Wednesday, May 23, 2007

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--68

RECAPITULATION

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.


Printed Page 2759 . . . . . Wednesday, May 23, 2007

Election to the Board of Trustees of
South Carolina State University
At-Large, Seat #12

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

Total--38

The following named Senators voted for Rev. Chaney:

Total--0

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:


Printed Page 2760 . . . . . Wednesday, May 23, 2007

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

Total--85

The following named Representatives voted for Rev. Chaney:

Total--0

RECAPITULATION

Total number of Senators voting   38
Total number of Representatives voting   85


Printed Page 2761 . . . . . Wednesday, May 23, 2007

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.

Election to the Board of Trustees of
Wil Lou Gray Opportunity School
At-Large, Three Seats

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

Printed Page 2762 . . . . . Wednesday, May 23, 2007

Setzler                Sheheen                Short
Thomas                 Verdin                 Williams

Total--33

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

Total--33

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

Total--33

The following named Senators voted for Dr. Hill:

Total--0


Printed Page 2763 . . . . . Wednesday, May 23, 2007

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

Total--70

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

Printed Page 2764 . . . . . Wednesday, May 23, 2007

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

Total--71

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

Printed Page 2765 . . . . . Wednesday, May 23, 2007

Stavrinakis              Taylor                    Toole
Vick                     Whipper                   White
Whitmire                 Williams

Total--65

The following named Representatives voted for Dr. Hill:

Brantley

Total--1

RECAPITULATION

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.

Election to the Legislative Audit Council

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.

Legislative Audit Council
CPA Seat

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.


Printed Page 2766 . . . . . Wednesday, May 23, 2007

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.

Attorney Seat

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.

Third Seat

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.


Printed Page 2767 . . . . . Wednesday, May 23, 2007

Fourth Seat

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.

RECESS

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.

ACTING PRESIDENT PRESIDES

At 4:07 P.M., Senator MARTIN assumed the Chair.

Motion Adopted

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.


Printed Page 2768 . . . . . Wednesday, May 23, 2007

Doctor of the Day

Senator THOMAS introduced Dr. William B. Jones of Greenville, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

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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Printed Page 2769 . . . . . Wednesday, May 23, 2007

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


Printed Page 2770 . . . . . Wednesday, May 23, 2007

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.


Printed Page 2771 . . . . . Wednesday, May 23, 2007

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


Printed Page 2772 . . . . . Wednesday, May 23, 2007

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,


Printed Page 2773 . . . . . Wednesday, May 23, 2007

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.

REPORTS OF STANDING COMMITTEES

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


Printed Page 2774 . . . . . Wednesday, May 23, 2007

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


Printed Page 2775 . . . . . Wednesday, May 23, 2007

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

Printed Page 2776 . . . . . Wednesday, May 23, 2007

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


Printed Page 2777 . . . . . Wednesday, May 23, 2007

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:


Printed Page 2778 . . . . . Wednesday, May 23, 2007

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.

Poll of the Judiciary Committee
Polled 22; Ayes 21; Nays 1; Not Voting 0

AYES

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

Total--21

NAYS

Hutto

Total--1

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


Printed Page 2779 . . . . . Wednesday, May 23, 2007

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


Printed Page 2780 . . . . . Wednesday, May 23, 2007

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


Printed Page 2781 . . . . . Wednesday, May 23, 2007

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:


Printed Page 2782 . . . . . Wednesday, May 23, 2007

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


Printed Page 2783 . . . . . Wednesday, May 23, 2007

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


Printed Page 2784 . . . . . Wednesday, May 23, 2007

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.


Printed Page 2785 . . . . . Wednesday, May 23, 2007

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


Printed Page 2786 . . . . . Wednesday, May 23, 2007

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


Printed Page 2787 . . . . . Wednesday, May 23, 2007

"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.


Printed Page 2788 . . . . . Wednesday, May 23, 2007

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


Printed Page 2789 . . . . . Wednesday, May 23, 2007

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.


Printed Page 2790 . . . . . Wednesday, May 23, 2007

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.

Message from the House

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


Printed Page 2791 . . . . . Wednesday, May 23, 2007

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--CONFERENCE COMMITTEE APPOINTED

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


Printed Page 2792 . . . . . Wednesday, May 23, 2007

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.

Message from the House

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


Printed Page 2793 . . . . . Wednesday, May 23, 2007

CAROLINA AND TO PROCLAIM SEPTEMBER 22, 2007, H.O.G. DAY IN SOUTH CAROLINA.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

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--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED

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.


Printed Page 2794 . . . . . Wednesday, May 23, 2007

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.

HOUSE CONCURRENCES

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.


Printed Page 2795 . . . . . Wednesday, May 23, 2007

ORDERED ENROLLED FOR RATIFICATION

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.

HOUSE BILL RETURNED

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


Printed Page 2796 . . . . . Wednesday, May 23, 2007

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.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

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.

Motion Under Rule 26B

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


Printed Page 2797 . . . . . Wednesday, May 23, 2007

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.

AMENDED, READ THE THIRD TIME

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.

Motion Under Rule 26B

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.


Printed Page 2798 . . . . . Wednesday, May 23, 2007

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


Printed Page 2799 . . . . . Wednesday, May 23, 2007

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


Printed Page 2800 . . . . . Wednesday, May 23, 2007

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.

SECOND READING BILLS

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.


Printed Page 2801 . . . . . Wednesday, May 23, 2007

H. 3818--Ordered to a Third Reading

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.

H. 3795--Ordered to a Third Reading

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

PRESIDENT Pro Tempore PRESIDES

At 4:39 P.M., Senator McCONNELL assumed the Chair.

AMENDED, READ THE SECOND TIME

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


Printed Page 2802 . . . . . Wednesday, May 23, 2007

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.


Printed Page 2803 . . . . . Wednesday, May 23, 2007

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.

MOTION ADOPTED

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--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

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


Printed Page 2804 . . . . . Wednesday, May 23, 2007

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.

S. 518--Conference Report
The General Assembly, Columbia, S.C., May 23, 2007

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


Printed Page 2805 . . . . . Wednesday, May 23, 2007

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


Printed Page 2806 . . . . . Wednesday, May 23, 2007

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.


Printed Page 2807 . . . . . Wednesday, May 23, 2007

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

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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.


Printed Page 2808 . . . . . Wednesday, May 23, 2007

(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.


Printed Page 2809 . . . . . Wednesday, May 23, 2007

(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


Printed Page 2810 . . . . . Wednesday, May 23, 2007

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.

CONCURRENCE

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


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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.

NONCONCURRENCE

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.


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

NONCONCURRENCE

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


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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

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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.

RECESS

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.

Recorded Vote

Senators VERDIN and RYBERG desired to be recorded as voting against the motion to nonconcur.


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MOTION ADOPTED

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.

ADJOURNMENT

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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