Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The Psalmist declares:
" 'How precious to me are your thoughts, O God! How vast is the sum of them! Were I to collect them, they would outnumber the grains of sand. When I awake, I am still with you'." (Psalm 139:17-18)
Let us pray, brothers and sisters:
Gracious Lord, how fervently today do we hold our troops and support personnel and the general citizenry of Iraq and Afghanistan in our prayers as the very fabric of society as that part of the world continues to strain and unravel. Reassure all our men and women in uniform, dear Lord, that you indeed are ever with them, no matter what they must face. Our hearts reach out to all who have lost loved ones there. Allow the calm voices of wise and caring leaders to call for honest dialogue and for peace-not only in those lands but also in Sudan, in Israel, in so many other places-even here in our own country and State. And through it all, dear God, let us each gain understanding and possess caring hearts for the good of all who dwell together on this increasingly small planet called "Earth."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2005, and to expire April 24, 2009
Berkeley:
Ronald H. Anderson, 100 Speightstown Ct., Goose Creek, S.C. 29445 VICE Paul Welborn
Initial Appointment, Cherokee County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
Jack E. McAbee, 369 Gowdesyville Road, Gaffney, S.C. 29340 VICE Lynda Little
Initial Appointment, Richland County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Nikiya M. Hall, 5003 Holmes Ave., Columbia, S.C. 29203 VICE Golie S. Augustus
The following were received:
Document No. 3021
Agency: Department of Social Services
SUBJECT: Penalties for Noncompliance in Regulated Child Care Settings
Received by Lieutenant Governor April 13, 2006
Referred to General Committee
Legislative Review Expiration Permanently Withdrawn
120 Day Period Tolled
Permanently Withdrawn January, 24, 2007
Document No. 3022
Agency: Department of Social Services
SUBJECT: Licensing of Residential Group Care Organizations for Children
Received by Lieutenant Governor April 13, 2006
Referred to General Committee
Legislative Review Expiration Permanently Withdrawn
120 Day Period Tolled
Permanently Withdrawn January, 24, 2007
Senator FAIR introduced Dr. John P. Evans of Greenville, S.C., Doctor of the Day.
At 2:05 P.M., Senator ANDERSON requested a leave of absence from 12:00 - 2:00 P.M. on Thursday, January 25, 2007.
At 3:02 P.M., Senator MATTHEWS requested a leave of absence beginning at 4:30 P.M. today.
At 3:02 P.M., Senator MATTHEWS requested a leave of absence beginning at 3:00 P.M. on Thursday, January 25, 2007.
At 3:05 P.M., Senator FORD requested a leave of absence beginning at 1:00 P.M. on Thursday, January 25, 2007.
At 2:37 P.M., Senator MARTIN assumed the Chair.
Senator MALLOY, Chairman of the South Carolina Senate Judiciary Committee Criminal Justice System Task Force, and members of the committee were recognized to give a report to the Senate regarding the work of the committee.
At 2:39 P.M., the PRESIDENT assumed the Chair.
The following were introduced:
S. 318 (Word version) -- Senators Pinckney, Grooms and Matthews: A CONCURRENT RESOLUTION TO COMMEMORATE THE CONVENING OF THE FOURTH SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY IN JACKSONBOROUGH, SOUTH CAROLINA, IN JANUARY OF 1782, AS A RESULT OF THE CONTINUED BRITISH OCCUPATION OF CHARLESTON, SUBSEQUENT TO THE DEFEAT OF THE BRITISH AT YORKTOWN IN OCTOBER OF 1781, BY CONVENING IN
On motion of Senator MATTHEWS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 319 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE WASHINGTON LIGHT INFANTRY OF CHARLESTON ON THE CELEBRATION OF ITS BICENTENNIAL AND FOR TWO CENTURIES OF EXEMPLARY MILITARY AND CIVIC SERVICE TO SOUTH CAROLINA AND THE NATION, AND TO WISH FOR IT CONTINUED SUCCESS IN PROMOTING THE IDEALS OF PATRIOTISM, EDUCATION, AND BENEVOLENCE AMONG OUR CITIZENS THROUGH GOOD EXAMPLE AND CHARITABLE WORKS.
l:\council\bills\rm\1031sd07.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 320 (Word version) -- Senator Land: A BILL TO AMEND SECTION 24-3-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CLERK OF COURT'S DUTY TO NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF CONVICTS SENTENCED TO IMPRISONMENT IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL REIMBURSE A COUNTY FOR ALL COSTS THE COUNTY INCURS FOR HOUSING THE CONVICT FROM THE DATE THAT HE IS CONVICTED UNTIL THE DATE THAT HE IS TRANSFERRED TO A DEPARTMENT OF CORRECTIONS FACILITY.
l:\council\bills\swb\5097cm07.doc
Read the first time and referred to the Committee on Corrections and Penology.
S. 321 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST SECONDARY INSTITUTION LICENSE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND
Read the first time and referred to the Committee on Education.
S. 322 (Word version) -- Senators Hayes, Hawkins, Vaughn, Peeler, Leatherman, Leventis, O'Dell, McConnell, Cromer, Patterson, Knotts, Land, Mescher and Martin: A BILL TO AMEND CHAPTER 114, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT, SO AS TO ENACT THE "SOUTH CAROLINA NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE FOR COLLEGE ASSISTANCE PROGRAM GRANTS TO BE ADMINISTERED BY THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE ELIGIBILITY REQUIREMENTS TO QUALIFY FOR THE GRANTS, TO PROVIDE FOR FUNDING TO BE APPROPRIATED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL PROMULGATE REGULATIONS; TO AMEND SECTION 59-111-75, RELATING TO THE LOAN REPAYMENT PROGRAM FOR MEMBERS OF THE NATIONAL GUARD SERVING IN AREAS OF CRITICAL NEED, SO AS TO PROVIDE THAT THE LOAN REPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND PROVIDE THAT MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHO HAVE RECEIVED LOANS BEFORE THE 2007-08 ACADEMIC YEAR MAY CONTINUE TO RECEIVE THEIR LOANS AND HAVE THEIR LOANS FORGIVEN PURSUANT TO THE PROVISIONS UNDER WHICH THE LOAN PROGRAM BEGAN; AND TO REPEAL ARTICLE 6, CHAPTER 111, TITLE 59,
Read the first time and referred to the Committee on Education.
S. 323 (Word version) -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT CERTAIN SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION AND WHO ARE EMPLOYED IN A SOUTH CAROLINA PUBLIC SCHOOL DISTRICT SHALL RECEIVE A YEARLY INCENTIVE FOR THE LIFE OF THE CERTIFICATION, AND TO PROVIDE THAT THESE INCENTIVES MUST BE PAID FROM FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR THIS PURPOSE.
l:\council\bills\ggs\22678sj07.doc
Read the first time and referred to the Committee on Education.
S. 324 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION, SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS), BUT NOT YET CERTIFIED BY THE STATE, SHALL RECEIVE AN INCREASE IN PAY EQUAL TO TWO-THIRDS OF THE AMOUNT PROVIDED FOR STATE-CERTIFIED TEACHERS WHO ALSO ARE NBPTS CERTIFIED.
l:\council\bills\ggs\22668sj07.doc
Read the first time and referred to the Committee on Education.
S. 325 (Word version) -- Senator Vaughn: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR PERSONS OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT
Read the first time and referred to the Committee on Finance.
S. 326 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-18 TO ENACT THE "CIVIL UNION EQUALITY ACT" SO AS TO PROVIDE THAT TWO PERSONS MAY FORM A CIVIL UNION IF THEY ARE OF THE SAME SEX; TO PROVIDE THAT ALL LAWS APPLICABLE TO MARRIAGE APPLY TO CIVIL UNIONS AND THAT THE SAME BENEFITS, PROTECTIONS, RIGHTS, AND RESPONSIBILITIES UNDER THE LAW GRANTED TO SPOUSES IN A MARRIAGE ARE ALSO GRANTED TO THOSE JOINED IN A CIVIL UNION; TO DIRECT THE OFFICE OF VITAL STATISTICS TO KEEP A RECORD OF ALL CIVIL UNIONS FORMED AND THE DISSOLUTION OF SUCH UNIONS; TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION OVER ALL PROCEEDINGS RELATING TO THE DISSOLUTION OF A CIVIL UNION AND THE SAME RULES AND PROCEDURES THAT APPLY TO THE DISSOLUTION OF A MARRIAGE APPLY TO THE DISSOLUTION OF A CIVIL UNION; AND TO PROVIDE THAT THIS ACT MUST BE CONSTRUED LIBERALLY TO SECURE TO CIVIL UNIONS THE ATTRIBUTES, EFFECTS, BENEFITS, AND PROTECTIONS EQUAL TO THOSE AFFORDED MARRIAGE.
l:\council\bills\nbd\11179ac07.doc
Read the first time and referred to the Committee on Judiciary.
S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT.
l:\council\bills\dka\3138dw07.doc
Senator SHEHEEN spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 328 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 16-13-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING A TRANSCRIPT OR DIPLOMA AND FRAUDULENT USE OF FALSIFIED OR ALTERED TRANSCRIPT OR DIPLOMA, SO AS TO INCLUDE FALSIFYING OR ALTERING A DEGREE AND FRAUDULENT USE OF A FALSIFIED OR ALTERED DEGREE, AND TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY ISSUE, MANUFACTURE, OR USE A FALSE POST SECONDARY DEGREE, CERTIFICATE, DIPLOMA, TRANSCRIPT, OR OTHER ACADEMIC CREDENTIAL FOR GENERAL ACADEMIC OR PROFESSIONAL PURPOSES FOR CERTAIN PURPOSES INCLUDING TO OBTAIN EMPLOYMENT.
l:\council\bills\ms\7103ahb07.doc
Read the first time and referred to the Committee on Judiciary.
S. 329 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 3, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-165, RELATING TO CONTACT BETWEEN A CHILD AND EACH PARENT, SO AS TO REQUIRE PARENTS TO PROVIDE EACH OTHER WITH ADDRESS, TELEPHONE NUMBER, ELECTRONIC MAIL ADDRESS, AND OTHER ELECTRONIC COMMUNICATION INFORMATION WITHIN TWENTY-FOUR HOURS, TO DEFINE ELECTRONIC COMMUNICATION, AND TO ENCOURAGE REASONABLE COMMUNICATIONS BETWEEN A CHILD AND HIS OR HER PARENTS IN THE FORM OF TELEPHONE, ELECTRONIC MAIL, AND OTHER ELECTRONIC COMMUNICATION IF REASONABLY AVAILABLE, AND TO PROVIDE THAT THE COURT SHALL DECIDE WHETHER EQUIPMENT FOR ELECTRONIC COMMUNICATION IS REASONABLY AVAILABLE IF THE PARTIES CANNOT AGREE; TO AMEND SECTION 20-7-30 SO AS TO DEFINE VISITATION AND ELECTRONIC COMMUNICATION; TO AMEND SUBARTICLE 1, ARTICLE 3, CHAPTER 7, TITLE 20, BY ADDING SECTION 20-7-108, RELATING TO PARENT/CHILD VISITATION, SO AS TO PERMIT A COURT TO GRANT REASONABLE TIME FOR ELECTRONIC COMMUNICATION AS DETERMINED BY THE
Read the first time and referred to the Committee on Judiciary.
S. 330 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
l:\council\bills\dka\3141dw07.doc
Read the first time and referred to the Committee on Judiciary.
S. 331 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-745 SO AS TO DEFINE "COMMUNICATION DEVICE" AND "COMMUNICATION SYSTEM", TO PROVIDE THAT IT IS
Read the first time and referred to the Committee on Judiciary.
S. 332 (Word version) -- Senators Martin and Ritchie: 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
Read the first time and referred to the Committee on Judiciary.
S. 333 (Word version) -- Senator Fair: A BILL TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO RECKLESS HOMICIDE; RECKLESS DRIVING; DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, BY ADDING SECTION 56-5-2943, TO PROVIDE THAT AS A CONDITION OF PROBATION FOR A SECOND OR SUBSEQUENT VIOLATION OF SECTIONS 56-5-2930, 56-5-2933, OR 56-5-2945, A COURT MAY REQUIRE THAT AN OFFENDER WEAR A CONTINUOUS REMOTE ALCOHOL MONITORING DEVICE, TO PROVIDE THAT A FINDING BY THE COURT THAT THE OFFENDER'S BLOOD ALCOHOL CONCENTRATION MEETS OR EXCEEDS EIGHT ONE-HUNDREDTHS OF ONE PERCENT SHALL BE A VIOLATION OF THE OFFENDER'S PROBATION, TO PROVIDE THAT IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY THE COURT BECAUSE OF THE PROBATION VIOLATION, THE COURT MAY EXTEND THE PERIOD FOR WHICH THE OFFENDER'S LICENSE HAS BEEN SUSPENDED FOR UP TO AN ADDITIONAL TWELVE MONTHS,
Read the first time and referred to the Committee on Judiciary.
S. 334 (Word version) -- Senators Leventis, Hayes, Knotts, Drummond and Anderson: A BILL TO AMEND SECTION 41-35-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT LEAVING AN EMPLOYER BECAUSE OF THE TRANSFER OF A SPOUSE FROM ONE MILITARY ASSIGNMENT TO ANOTHER DOES NOT DISQUALIFY A PERSON FROM THESE BENEFITS.
l:\council\bills\dka\3136dw07.doc
Senator LEVENTIS spoke on the Bill.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 335 (Word version) -- Senators Moore and Setzler: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. SHARON KEESLEY OF EDGEFIELD COUNTY FOR HER OUTSTANDING SERVICE AS SUPERINTENDENT OF EDGEFIELD COUNTY SCHOOL DISTRICT AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.
l:\council\bills\bb\18005sj07.doc
The Senate Resolution was adopted.
S. 336 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTERS OF DEEDS, COUNTY AUDITORS, COUNTY TREASURERS, AND COUNTY CORONERS; AND TO AMEND SECTION 8-15-65, AS AMENDED, SO AS TO PROVIDE FOR THE COUNTY CORONER AS A
Read the first time and referred to the Committee on Finance.
S. 337 (Word version) -- Senators Lourie, Fair, Scott, Reese, Ford, Malloy, Verdin, Hutto, Elliott, Sheheen, Patterson, Moore, Short, Leventis, Anderson, Vaughn, Williams, McGill, Mescher, Peeler, Setzler, Courson, Drummond, Gregory, Jackson, Matthews, Thomas, Hayes, McConnell, Richardson, Knotts and Hawkins: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT CERTAIN MOTOR VEHICLE AND DWELLING HOME PROPERTY TAX EXEMPTIONS MUST BE EXTENDED TO THE SURVIVING SPOUSE OF CERTAIN VETERANS IF THE SURVIVING SPOUSE ESTABLISHES RESIDENCY IN THIS STATE SUBSEQUENT TO THE DEATH OF THE VETERAN AND BUT FOR RESIDENCY REQUIREMENTS, THE VETERAN COULD HAVE QUALIFIED FOR THE EXEMPTION AND TO PROVIDE THAT WHEN A PROPERTY TAX EXEMPTION IS PROVIDED TO A VETERAN WHO WAS A PRISONER OF WAR, THE COUNTY OFFICE OF VETERANS AFFAIRS SHALL CERTIFY THAT THE VETERAN WAS A PRISONER OF WAR.
l:\council\bills\nbd\11163ac07.doc
Read the first time and referred to the Committee on Finance.
S. 338 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-400 SO AS TO CREATE THE OFFENSE OF TAMPERING WITH, ALTERING, DAMAGING, OR DESTROYING A SECURITY DEVICE, TO DEFINE THE TERM "SECURITY DEVICE", AND TO PROVIDE A PENALTY FOR THE OFFENSE.
l:\council\bills\ms\7078ahb07.doc
Read the first time and referred to the Committee on Judiciary.
S. 339 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-36 SO AS TO PROVIDE THAT NO INTEREST ON FUNDS OF A CLIENT ON DEPOSIT IN A TRUST OR ESCROW ACCOUNT OF AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE MAY BE REMITTED TO THE SOUTH CAROLINA BAR
Read the first time and, on motion of Senator MARTIN, with unanimous consent, the Bill was referred to the Committee on Judiciary.
S. 340 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO HONOR AND COMMEND SAM WRIGHT OF LEXINGTON COUNTY FOR HIS DISTINGUISHED SERVICE AS HEAD BAILIFF FOR THE MUNICIPAL COURT OF THE TOWN OF SOUTH CONGAREE FOR TEN YEARS AND FOR HIS SERVICE AS A STATE CONSTABLE FOR TWENTY-EIGHT YEARS UPON HIS RETIREMENT.
l:\council\bills\gjk\20089sd07.doc
The Senate Resolution was adopted.
Senator LOURIE from the Committee on Judiciary submitted a favorable report on:
S. 105 (Word version) -- Senators Ritchie, McConnell, Campsen, Courson, Elliott, Richardson, Vaughn, Knotts and Fair: A BILL TO AMEND SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLEDGING, SO AS TO PROHIBIT A PERSON OR JUDICIAL CANDIDATE FROM DIRECTLY OR INDIRECTLY SEEKING THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY REGARDING SCREENING FOR ANY JUDICIAL OFFICE UNTIL THE QUALIFICATIONS OF ALL THE CANDIDATES HAVE BEEN DETERMINED BY THE JUDICIAL MERIT SELECTION COMMISSION AND THE COMMISSION HAS FORMALLY RELEASED ITS REPORT.
Ordered for consideration tomorrow.
Senator MALLOY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair and Alexander: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S JURISDICTION; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, AS ARTICLE 1, AND BY ADDING ARTICLE 3, SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM ATTENDING OR GIVING TESTIMONY AT A TRIAL THAT CONCERNS OR RELATES TO CRIMINAL ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR
On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 141.
S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair and Alexander: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE
Senator LEATHERMAN asked unanimous consent to take the committee report up for immediate consideration.
There was no objection.
Senator LEATHERMAN asked unanimous consent to commit S. 141 to the Committee on Finance.
There was no objection.
The Bill was committed to the Committee on Finance and ordered for consideration tomorrow.
Senator MALLOY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 142 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Mescher, Setzler, Fair and Alexander: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR
Ordered for consideration tomorrow.
On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 142.
Senator MALLOY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 143 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Sheheen, Vaughn, Elliott and Fair: A BILL TO AMEND CHAPTER 5, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, SO AS TO ESTABLISH A STATEWIDE CRIMINAL CASE MANAGEMENT SYSTEM; AND TO AMEND SECTION 1-7-330, RELATING TO ATTENDANCE AT CIRCUIT COURT AND PREPARATION OF THE CRIMINAL
Ordered for consideration tomorrow.
Senator MALLOY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott and Fair: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Judiciary submitted a favorable report on:
S. 146 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Elliott, Fair and Alexander: A BILL TO AMEND SECTION 23-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT ANY MUNICIPAL OR COUNTY LAW ENFORCEMENT OFFICER MAY BE TRANSFERRED OR ASSIGNED ON A TEMPORARY BASIS TO WORK WITHIN MULTI-JURISDICTIONAL TASK FORCES ESTABLISHED FOR THE MUTUAL AID AND BENEFIT OF THE PARTICIPATING JURISDICTIONS; AND TO AMEND SECTION 23-1-215, RELATING TO AGREEMENTS BETWEEN MULTIPLE LAW ENFORCEMENT JURISDICTIONS FOR THE PURPOSE OF CRIMINAL INVESTIGATIONS, SO AS TO PROVIDE THAT IN THE EVENT OF A CRIME OR CRIMES THAT HAVE OCCURRED WHERE MULTIPLE JURISDICTIONS ARE INVOLVED, LAW ENFORCEMENT OFFICERS ARE AUTHORIZED TO EXERCISE
Ordered for consideration tomorrow.
On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 146.
Senator FAIR from the Committee on Corrections and Penology polled out S. 294 favorable:
S. 294 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-8303, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFENSES COMMITTED BY JUVENILES FOR WHICH RELEASE FROM THE DEPARTMENT OF JUVENILE JUSTICE IS DETERMINED BY THE BOARD OF JUVENILE PAROLE OR THE DEPARTMENT, SO AS TO CLARIFY THAT RELEASE FOR THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE MUST BE DETERMINED BY THE BOARD; AND TO AMEND SECTION 20-7-8305, AS AMENDED, RELATING TO REVIEW AND RELEASE PROCEDURES FOR THE BOARD AND DEPARTMENT, SO AS TO PROVIDE THAT THE STATUTORY PROCEDURES APPLY TO THE BOARD AND THAT THE DEPARTMENT SHALL ESTABLISH POLICIES AND PROCEDURES GOVERNING ITS REVIEW AND RELEASE PROCEDURES.
AYES
Fair Thomas Patterson Ford Gregory Ryberg Anderson Hawkins Pinckney O'Dell Vaughn Hayes Mescher Lourie Scott Sheheen Williams
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 277 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKERS 7 AND 11.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator RICHARDSON asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senator RICHARDSON proposed the following amendment (277R001.SHR), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 57-23-800 of the 1976 Code, as added by Act 17 of 1999, is amended to read:
"Section 57-23-800. (A) The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements: at its discretion. However, before it implements a project pursuant to this section, the department must consult with the local governmental authority that has jurisdiction over the portion of highway subject to the vegetation management project.
(1) a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.
(2) a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.
(3) an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.
(B) The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.
(C) The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.
(D) If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
S. 305 (Word version) -- Senator Short: A BILL TO AMEND ACT 525 OF 1982, AS AMENDED, RELATING TO ELECTION OF MEMBERS OF THE CHESTER COUNTY COUNCIL AND THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE SAME TIME AS THE GENERAL
On motion of Senator SHORT, S. 305 was ordered to receive a third reading on Thursday, January 25, 2007.
S. 285 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMPTROLLER GENERAL SHALL BE NOMINATED BY THE GOVERNOR, APPROVED BY UNANIMOUS VOTE OF THE GOVERNOR, THE STATE TREASURER, THE CHAIRMAN OF THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE.
Senator JACKSON objected to further consideration of the Joint Resolution.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
S. 284 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO THE ADJUTANT GENERAL'S TITLE AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator McCONNELL, moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a second reading.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Adjutant General serving on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, upon the advice and consent of the Senate. The term of office must be for four years, coterminous with that of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General may be removed from office."
(B) It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:
"Section 4. There shall must be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other state officers, who shall rank as Brigadier General, and whose duties and compensation shall be are prescribed by law. The Governor shall, by and with the advice and consent of the Senate, shall appoint such other staff officers as the General Assembly may direct.
Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor in the manner provided in Section 7, Article VI."
SECTION 2. The proposed amendments in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers and Section 4, Article XIII, relating to the Adjutant General and his staff officers be amended so as to update references to his title; delete the Adjutant General from the list of state officers which the Constitution requires to be elected; provide that upon the expiration of the term of the Adjutant General serving on the date of the ratification of these provisions, the Adjutant General must be appointed by the Governor with the advice and consent of the Senate for a term of four years, coterminous with that of the Governor; and require the General Assembly to provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General may be removed from office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer Elliott Fair Gregory Hutto Leatherman Lourie Martin McConnell Mescher Moore O'Dell * Peeler Richardson Ritchie Ryberg Scott Setzler Sheheen Thomas Vaughn Verdin
Anderson Drummond Ford Hawkins Hayes Jackson Knotts Land Leventis Malloy Matthews McGill Patterson Pinckney Rankin Reese Short Williams
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Joint Resolution was read the second time, passed and ordered to a third reading.
The Joint Resolution failed to receive the two-thirds vote required under Article XVI, Section 1 of the S. C. Constitution, and Senator McCONNELL moved that the Joint Resolution be recommitted to the Committee on Judiciary.
The Joint Resolution was recommitted.
Senator RYBERG desired to be recorded as voting against the motion to recommit.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 157 (Word version) -- Senators McConnell, Vaughn, Campsen, Courson, Richardson, Hayes, Mescher, McGill, Knotts, Elliott, Cleary, Leatherman, Alexander, Verdin and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA TEACHER PROTECTION ACT OF 2007", BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A TEACHER MAY BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS A CRIMINAL OFFENSE AGAINST THE TEACHER IF THE OFFENSE OCCURS ON SCHOOL GROUNDS OR AT A SCHOOL-RELATED EVENT, OR IF THE OFFENSE IS DIRECTLY RELATED TO THE TEACHER'S PROFESSIONAL RESPONSIBILITIES, AND TO PROVIDE THAT NO TEACHER HAS CIVIL LIABILITY TO A STUDENT OR TO A PARTY ACTING IN THE INTEREST OF THE STUDENT FOR AN ACT OR OMISSION BY THE TEACHER THAT OCCURS WHILE THE TEACHER IS ACTING ON BEHALF OF THE SCHOOL; AND TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator McCONNELL, the Bill was carried over.
S. 285 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMPTROLLER GENERAL SHALL BE NOMINATED BY THE GOVERNOR, APPROVED BY UNANIMOUS VOTE OF THE GOVERNOR, THE STATE TREASURER, THE CHAIRMAN OF THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator McCONNELL, moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a second reading.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Comptroller General serving in office on the date of the ratification of the provisions of this paragraph, the Comptroller General must be nominated by the Governor, approved by unanimous vote of the Governor, the State Treasurer, the Chairman of the Ways and Means Committee of the House of Representatives, and the Chairman of the Finance Committee of the Senate, and subject to the advice and consent of the Senate. The
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Comptroller General from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Comptroller General serving in office on the date of the ratification of this provision, the Comptroller General must be nominated by the Governor, approved by unanimous vote of the Governor, the State Treasurer, the Chairman of the Ways and Means Committee of the House of Representatives, and the Chairman of the Finance Committee of the Senate, and subject to the advice and consent of the Senate; to provide that the term of the Comptroller General shall be for four years, coterminous with that of the Governor; and to require the General Assembly to provide by law for the duties, compensation, and qualifications for the Comptroller General and the procedures by which the Comptroller General may be removed from office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer
Elliott Fair Gregory Grooms Hawkins Hayes Knotts Leatherman Lourie Martin McConnell Mescher Moore O'Dell * Peeler Rankin Richardson Ritchie Ryberg Scott Setzler Sheheen Thomas Vaughn Verdin Williams
Drummond Ford Hutto Jackson Land Leventis Malloy Matthews McGill Patterson Reese
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Having received the necessary vote under Article XVI, Section 1 of the S. C. Constitution, the Joint Resolution was read the second time, passed and ordered to a third reading.
Having voted on the prevailing side, Senator SHEHEEN moved to reconsider the vote whereby S. 285 (Word version) received a second reading.
On motion of Senator SHEHEEN, the motion was carried over.
S. 286 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator SETZLER proposed the following Amendment No. 4 (286-NGS), which was tabled:
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting the following:
SECTION 1. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the election of the Superintendent of Education must be nonpartisan. The General Assembly shall provide, by law, the procedures by which the election is to be conducted."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to require that the election of the Superintendent of Education be nonpartisan and require the General Assembly to provide for the procedure by which the election is to be conducted?"
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
Senator COURSON spoke on the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer Fair Gregory Grooms Hawkins Hayes Knotts Leatherman Martin McConnell Mescher Peeler Rankin Richardson Ritchie Ryberg Scott Thomas Vaughn Verdin
Anderson Drummond Elliott Ford Hutto Jackson Land Leventis Lourie Malloy Matthews McGill Moore Patterson Pinckney Reese Setzler Sheheen Short Williams
The amendment was laid on the table.
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer Fair Gregory Grooms Hawkins Hayes Hutto Knotts Leatherman Martin McConnell Mescher O'Dell * Peeler Richardson Ritchie Ryberg Scott Sheheen Thomas Vaughn Verdin
Anderson Drummond Elliott Ford Jackson Land Leventis Lourie Malloy Matthews McGill Moore Patterson Pinckney Rankin Reese Setzler Short Williams
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Joint Resolution was read the second time, passed and ordered to a third reading.
The Joint Resolution failed to receive the two-thirds vote required under Article XVI, Section 1 of the S. C. Constitution, and Senator
The Joint Resolution was recommitted.
Senator RYBERG desired to be recorded as voting against the motion to recommit.
S. 287 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMMISSIONER OF AGRICULTURE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator KNOTTS spoke on the Joint Resolution.
Senator GREGORY spoke on the Joint Resolution.
Senator MATTHEWS spoke on the Joint Resolution.
Senator LEVENTIS spoke on the Joint Resolution.
Senator McCONNELL, moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a second reading.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of the provisions of this paragraph, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the Senate. The term of office must be for four years, coterminous with that of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Commissioner of Agriculture may be removed from office."
SECTION 2. The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected; provide that upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the Senate, for a term coterminous with the Governor; and require the General Assembly to provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Commissioner of Agriculture may be removed from office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryant Campsen
Cleary Courson Cromer Drummond Elliott Fair Gregory Grooms Hawkins Hayes Leatherman Lourie Martin McConnell Mescher Moore Peeler Rankin Richardson Ritchie Ryberg Scott Setzler Sheheen Thomas Vaughn Verdin
Anderson Ford Hutto Jackson Knotts Land Leventis Malloy Matthews McGill Patterson Pinckney Reese Short Williams
The Joint Resolution was read the second time, passed and ordered to a third reading.
Senator McCONNELL asked unanimous consent to make a motion in Senator O'DELL's absence to record Senator O'DELL as voting in favor of the second reading of the Joint Resolution, not changing the outcome of the vote.
Inasmuch as it would have altered the outcome of the vote, Senator O'DELL's vote was not recorded.
The Joint Resolution failed to receive the two-thirds vote required under Article XVI, Section 1 of the S. C. Constitution, and Senator McCONNELL moved that the Joint Resolution be recommitted to the Committee on Judiciary.
The Joint Resolution was recommitted.
Senator RYBERG desired to be recorded as voting against the motion to recommit.
S. 288 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SECRETARY OF STATE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SECRETARY OF STATE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senators SHEHEEN and RYBERG proposed the following Amendment No. 1A (JUD0288.005), which was not adopted:
Amend the joint resolution, as and if amended, page 1, by striking lines 32 through 40, as contained in SECTION 1, and inserting therein the following:
/ "Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the office of Secretary of State is abolished. The functions and duties of the Secretary of State must be devolved in the manner that the General Assembly shall provide by law." /
Amend the joint resolution further, as and if amended, page 2, by striking lines 6 through 16, as contained in SECTION 2, and inserting therein the following:
/ "Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected; provide that upon the expiration of the term of
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryant Campsen Cleary Courson Drummond Elliott Gregory Hutto Lourie Moore Patterson Richardson Ryberg Scott Setzler Sheheen Thomas Vaughn
Alexander Cromer Fair Grooms Hawkins Hayes Jackson Knotts Land Leatherman Leventis Malloy Martin McConnell McGill Mescher Peeler Rankin Reese Ritchie Short Verdin Williams
Having failed to receive the necessary vote, the amendment was not adopted.
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer Elliott Fair Gregory Grooms Hayes Hutto Leatherman Lourie Martin McConnell Mescher Moore O'Dell * Peeler Richardson Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin
Drummond Ford Hawkins Jackson Knotts Land Leventis Malloy McGill Patterson Rankin Reese Williams
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Joint Resolution was read the second time, passed and ordered to a third reading.
The Joint Resolution failed to receive the two-thirds vote required under Article XVI, Section 1 of the S. C. Constitution, and Senator
The Joint Resolution was recommitted.
Senator RYBERG desired to be recorded as voting against the motion to recommit.
S. 101 (Word version) -- Senators McConnell, Courson, Martin, Campsen, Richardson, Cleary, Leatherman and Alexander: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 37, SO AS TO PROVIDE THAT THE SENATE MUST ELECT FROM AMONG ITS MEMBERS A PRESIDENT OF THE SENATE TO PRESIDE OVER THE SENATE AND TO PERFORM OTHER DUTIES AS PROVIDED BY LAW; PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE PRESIDENT PRO TEMPORE OF THE SENATE, SO AS TO DELETE SECTION 9 WHICH PROVIDES THAT THE SENATE MUST CHOOSE A PRESIDENT PRO TEMPORE AND WHICH ALSO PROVIDES THAT A MEMBER OF THE SENATE ACTING AS LIEUTENANT GOVERNOR VACATES HIS SEAT AND ANOTHER PERSON IS ELECTED IN HIS STEAD; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE LIEUTENANT GOVERNOR AS PRESIDENT OF THE SENATE, BY DELETING SECTION 10 WHICH PROVIDES THAT THE LIEUTENANT GOVERNOR IS THE PRESIDENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 12, ARTICLE IV, RELATING TO THE DISABILITY OF THE GOVERNOR, SO AS TO PROVIDE THAT IF BOTH THE ATTORNEY GENERAL AND THE STATE TREASURER TRANSMIT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES A WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE, THE
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator McCONNELL proposed the following Amendment No. 1 (JUD0101.001), which was adopted:
Amend the joint resolution, as and if amended, pages 7 through 9, by striking SECTIONS 11 through 16 in their entirety.
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
The question then was the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Cromer Fair Gregory Grooms Hawkins Hayes Lourie Martin
McConnell Mescher O'Dell* Peeler Richardson Ritchie Ryberg Scott Thomas Vaughn
Anderson Courson Drummond Elliott Ford Hutto Jackson Knotts Land Leatherman Leventis Malloy McGill Moore Patterson Pinckney Rankin Reese Setzler Sheheen Short Verdin Williams
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote, second reading of the Joint Resolution failed.
Senator McCONNELL moved to recommit the Joint Resolution to the Committee on Judiciary.
The Joint Resolution was recommitted.
Senator RYBERG desired to be recorded as voting against the motion to recommit.
Senator SHEHEEN rose for an Expression of Personal Interest.
Having received a favorable report from the Berkeley County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2005, and to expire April 24, 2009
Berkeley:
Ronald H. Anderson, 100 Speightstown Ct., Goose Creek, S.C. 29445 VICE Paul Welborn
Having received a favorable report from the Cherokee County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Cherokee County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008
Jack E. McAbee, 369 Gowdesyville Road, Gaffney, S.C. 29340 VICE Lynda Little
Having received a favorable report from the Richland County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Richland County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Nikiya M. Hall, 5003 Holmes Ave., Columbia, S.C. 29203 VICE Golie S. Augustus
At 4:45 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 22, 2009 at 2:02 P.M.