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

Printed Page 661 . . . . . Tuesday, January 30, 2007

Tuesday, January 30, 2007
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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:

In the 25th Psalm we read these verses:

"Show me your ways, O Lord, teach me your paths; guide me in your truth and teach me, for you are God my Savior, and my hope is in you all day long."   (Psalm 25:4-5)

Please bow with me as we pray:

Lord, we are so conscious of the enormity of the duties of these, your servants. The expectations of so many people are great, and the pressures upon this Senate are often enormous. Lead each of the members of this body the way you would have them go, O God. Teach, and guide, and bestow your hope, for only by virtue of your grace can we ever accomplish all that you would have us achieve. And may the citizens of this State be blessed not only by you, dear Lord, but also by the very members of this Senate themselves.

In your name we pray.
Amen.

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

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor

January 26, 2007
Mr. President and Members of the Senate:

I respectfully request withdrawal from your consideration the appointment listed below:

Respectfully,
Mark C. Sanford

Printed Page 662 . . . . . Tuesday, January 30, 2007

Withdrawal of Statewide Appointment

Initial Appointment, Board of Directors of the Jobs Economic Development Authority, with term to commence July 27, 2004, and to expire July 27, 2007

At-large -- Chairman:

Robert Alan Faith, Greystar Real Estate Partners, LLC, 11 State Street, Charleston, S.C. 29401 VICE Charlie Way

Appointment Withdrawn

On motion of Senator MESCHER, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 3093
Agency: Department of Motor Vehicles
SUBJECT: Driver Training Schools
Received by Lieutenant Governor January 25, 2007
Referred to Transportation Committee
Legislative Review Expiration May 25, 2007

Document No. 3094
Agency: Department of Motor Vehicles
SUBJECT: Truck Driver Training Schools
Received by Lieutenant Governor January 25, 2007
Referred to Transportation Committee
Legislative Review Expiration May 25, 2007

Document No. 3102
Agency: Department of Labor, Licensing and Regulation, Board of Examiners in Psychology
SUBJECT: Practice of Psychology - Specialty Designations
Received by Lieutenant Governor January 30, 2007
Referred to Medical Affairs Committee
Legislative Review Expiration May 30, 2007

Printed Page 663 . . . . . Tuesday, January 30, 2007
Document No. 3103
Agency: Department of Labor, Licensing and Regulation, Board of Examiners in Optometry
SUBJECT: Practice of Optometry
Received by Lieutenant Governor January 30, 2007
Referred to Medical Affairs Committee
Legislative Review Expiration May 30, 2007

Document No. 3104
Agency: Department of Labor, Licensing and Regulation, Building Codes Council
SUBJECT: National Electrical Code
Received by Lieutenant Governor January 30, 2007
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 30, 2007

Document No. 3105
Agency: Department of Labor, Licensing and Regulation, Occupational Safety and Health
SUBJECT: Reporting Fatalities and Multiple Hospitalization Incidents to OSHA
Received by Lieutenant Governor January 30, 2007
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 30, 2007

Doctor of the Day

Senator LEVENTIS introduced Dr. J. Capers Hiott of Wedgefield, S.C., Doctor of the Day.

Leave of Absence

At 12:47 P.M., Senator CLEARY requested a leave of absence from 2:00 - 10:00 P.M. Wednesday, January 31, 2007.

S. 332--CO-SPONSOR ADDED

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

Printed Page 664 . . . . . Tuesday, January 30, 2007
AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS FROM "PERSONAL INJURY" AND EXCLUDE CERTAIN EVENTS FROM "ACCIDENT"; TO ADD SECTION 42-1-172, RELATING TO A REPETITIVE TRAUMA INJURY, SO AS TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE; TO AMEND SECTION 42-1-375 SO AS TO EXEMPT AN OWNER-OPERATOR OF A VEHICLE LEASED TO A MOTOR CARRIER WHO HAS SIGNED AN INDEPENDENT CONTRACTOR AGREEMENT WITH A MOTOR CARRIER; TO AMEND SECTION 42-9-30 SO AS TO LIMIT THE DISABILITY AWARD TO TEN PERCENT GREATER THAN THE MEDICAL IMPAIRMENT RATING UNLESS THE COMMISSIONER FINDS EXTRAORDINARY CIRCUMSTANCES AND LISTS FACTORS TO BE CONSIDERED FOR EXTRAORDINARY CIRCUMSTANCES AND TO PRESUME FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS TOTAL AND PERMANENT DISABILITY; TO AMEND SECTION 42-11-10, RELATING TO OCCUPATIONAL DISEASE, SO AS TO ESTABLISH EMPLOYEE'S BURDEN OF PROOF, EXCLUDE CERTAIN TYPES OF CONDITIONS, AND PROVIDE THAT COMPENSATION IS NOT PAYABLE UNLESS CLAIMANT SUFFERS PERMANENT OR PARTIAL DISABILITY; TO AMEND SECTION 42-15-20, RELATING TO NOTICE FOR A REPETITIVE TRAUMA INJURY, SO AS TO REQUIRE NOTICE BE GIVEN NO LATER THAN NINETY DAYS AFTER EMPLOYEE COULD HAVE DISCOVERED THAT THE CONDITION IS COMPENSABLE; TO AMEND SECTION 42-15-40 SO AS TO BAR THE RIGHT TO COMPENSATION FOR A REPETITIVE TRAUMA INJURY UNLESS THE CLAIM IS FILED WITHIN TWO YEARS AFTER THE DEATH, DISABILITY, OR LAST DATE OF EMPLOYMENT; TO AMEND SECTION 42-15-60, RELATING TO EMPLOYER RESPONSIBILITY, SO AS TO ESTABLISH THAT
Printed Page 665 . . . . . Tuesday, January 30, 2007
AFTER TEN WEEKS AFTER DATE OF EMPLOYEE'S INJURY, EMPLOYEE MUST ESTABLISH BY MEDICAL RECORDS OR EXPERT MEDICAL TESTIMONY THAT ADDITIONAL TIME IS NEEDED TO LESSEN THE EMPLOYEE'S DEGREE OF IMPAIRMENT AND TO CLARIFY THAT AN EMPLOYER'S DUTY TO EMPLOYEE TERMINATES WHEN THERE IS NO FURTHER MEDICAL CARE THAT WOULD LESSEN THE DEGREE OF MEDICAL IMPAIRMENT AND IN NO CASE WOULD MEDICAL BENEFITS EXTEND FOR MORE THAN FIVE HUNDRED WEEKS AFTER THE DATE OF INJURY, EXCEPT IN CASES INVOLVING PARAPLEGIA, QUADRIPLEGIA, AND PHYSICAL BRAIN DAMAGE; TO AMEND SECTION 42-15-95, RELATING TO THE RELEASE OF MEDICAL INFORMATION IN WORKERS' COMPENSATION CLAIMS, SO AS TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR RELEASE OF MEDICAL RECORDS AND TO PROVIDE COMMUNICATION OPTIONS AMONG INTERESTED PARTIES; TO AMEND SECTION 42-17-90 SO AS TO ESTABLISH A ONE-YEAR PERIOD FOR CHANGE OF CONDITION IN CASES INVOLVING REPETITIVE TRAUMA OR OCCUPATIONAL DISEASE; TO AMEND SECTION 38-73-495 SO AS TO ACCOUNT FOR THIRD-PARTY REIMBURSEMENTS IN EXPERIENCE MODIFICATION; TO AMEND SECTION 42-7-310 SO AS TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT AND TO REQUIRE THE SECOND INJURY FUND DIRECTOR TO ANNUALLY SUBMIT INFORMATION TO THE NATIONAL COUNCIL ON COMPENSATION INSURANCE; TO AMEND SECTION 42-9-400, RELATING TO THE SECOND INJURY FUND, SO AS TO ELIMINATE "COMBINED EFFECTS OF PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY", TO FURTHER INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR, TO INCREASE THE THRESHOLD FOR REIMBURSEMENT FOR MEDICAL PAYMENT FROM THREE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE "ARTHRITIS" AND "ANY OTHER PRE-EXISTING DISEASE, CONDITION, OR IMPAIRMENT" FROM THE LIST OF PRESUMPTIONS FOR PERMANENT IMPAIRMENT, AND TO PROVIDE NOTICE PROVISIONS; TO AMEND SECTION 42-9-410 SO AS TO INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR FOR SECOND INJURY FUND
Printed Page 666 . . . . . Tuesday, January 30, 2007
REIMBURSEMENT ELIGIBILITY; AND TO AMEND CHAPTER 73, TITLE 38.

On motion of Senator VAUGHN, with unanimous consent, the name of Senator VAUGHN was added as a co-sponsor of S. 332.

S. 344--CO-SPONSOR ADDED

S. 344 (Word version) -- Senators McConnell, Rankin, Elliott, Knotts, Malloy and Hawkins: A BILL TO AMEND SECTION 38-73-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RATE FILINGS REQUIRED, SO AS TO REQUIRE WORKERS' COMPENSATION INSURERS TO FILE WITH THE DEPARTMENT OF INSURANCE THEIR LOSS COSTS MULTIPLIERS; TO AMEND THE 1976 CODE BY ADDING SECTION 28-73-525 SO AS TO PROVIDE THE TIME FRAME IN WHICH WORKERS' COMPENSATION INSURERS MUST FILE THEIR LOSS COSTS MULTIPLIERS AND TO FURTHER PROVIDE THE MINIMUM INFORMATION THAT MUST BE INCLUDED IN THEIR FILINGS; TO AMEND SECTION 38-73-960, RELATING TO EFFECTIVE DATES OF PROPERTY AND CASUALTY RATE FILINGS, SO AS TO EXCLUDE WORKERS' COMPENSATION LOSS COSTS MULTIPLIERS FROM THOSE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-965 SO AS TO PROVIDE THAT THE EFFECTIVE DATE OF FILINGS FOR WORKERS' COMPENSATION LOSS COSTS MULTIPLIERS ARE GOVERNED BY SECTION 38-73-525; AND TO AMEND SECTION 38-73-990, RELATING TO THE DISAPPROVAL OF FILINGS, SO AS TO PROVIDE THAT THE DIRECTOR OR HIS OR HER DESIGNEE HAS THE AUTHORITY TO DISAPPROVE ANY WORKERS' COMPENSATION RATES AT ANY TIME AFTER THEY BECOME EFFECTIVE IF HE OR SHE DETERMINES THE RATES DO NOT MEET THE REQUIREMENTS OF CHAPTER 73 OF TITLE 38.

On motion of Senator VAUGHN, with unanimous consent, the name of Senator VAUGHN was added as a co-sponsor of S. 344.

S. 98--CO-SPONSOR REMOVED

S. 98 (Word version) -- Senators Sheheen and Courson: A BILL TO AMEND SECTIONS 14-17-10 AND 14-23-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF CLERKS OF COURT AND PROBATE JUDGES, RESPECTIVELY, SO AS TO REQUIRE THE ELECTIONS OF THESE TWO COUNTY

Printed Page 667 . . . . . Tuesday, January 30, 2007
OFFICES TO BE NONPARTISAN, TO PROVIDE FOR NONPARTISAN SPECIAL ELECTIONS WHEN A VACANCY OCCURS, AND TO PROVIDE PROCEDURES FOR THE NOMINATION OF CANDIDATES AND THE CONDUCT OF THE NONPARTISAN ELECTIONS.

On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was removed as a co-sponsor of S. 98.

RECALLED

H. 3005 (Word version) -- Rep. Vick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NORTH BRIDGE THAT CROSSES THE GREAT PEE DEE RIVER ALONG UNITED STATES HIGHWAY 1 IN THE TOWN OF CHERAW THE "DR. JAMES E. LEPPARD, JR. BRIDGE", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "DR. JAMES E. LEPPARD, JR. BRIDGE".

Senator SHEHEEN asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3312 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME BRIDGE NUMBER 394001100201 LOCATED ALONG SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY "CLIFTON RANDALL 'RANDY' JONES BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CLIFTON RANDALL 'RANDY' JONES BRIDGE".

Senator MARTIN asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.

Printed Page 668 . . . . . Tuesday, January 30, 2007

RECALLED

H. 3311 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME BRIDGE NUMBER 394001100200 LOCATED ALONG SOUTH CAROLINA HIGHWAY 11 IN PICKENS COUNTY THE "DWIGHT O'NEAL 'BUDDY' GILSTRAP BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "DWIGHT O'NEAL 'BUDDY' GILSTRAP BRIDGE" WHO LOST HIS LIFE IN DEFENSE OF OUR COUNTRY DURING THE VIETNAM WAR.

Senator MARTIN asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 351 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEMORATE THE CENTENNIAL ANNIVERSARY OF THE UNITED PARCEL SERVICE OF AMERICA AND TO RECOGNIZE ITS MANY LASTING CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 352 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-255 SO AS TO ESTABLISH TRAINING AND CERTIFICATION REQUIREMENTS FOR FOOD SERVICE SUPERVISORS OF DIETARY SERVICES IN HOSPITALS AND NURSING HOMES.
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Read the first time and referred to the Committee on Medical Affairs.

S. 353 (Word version) -- Senator Lourie: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO DEVELOP A STATEWIDE COMPREHENSIVE SERVICE DELIVERY SYSTEM

Printed Page 669 . . . . . Tuesday, January 30, 2007
FOR PERSONS WITH EPILEPSY IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE STUDY COMMITTEE.
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Read the first time and referred to the Committee on Medical Affairs.

S. 354 (Word version) -- Senators Lourie, Jackson, Malloy, Williams, Leventis, Hutto, Anderson, Reese, Drummond, Matthews, Thomas and Mescher: A BILL TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND SECTION 56-5-1810, RELATING TO TRAFFIC REGULATIONS REQUIRING ONE TO DRIVE ON THE RIGHT SIDE OF THE ROADWAY, INCLUDING REQUIREMENTS FOR SLOWER MOVING VEHICLES, SO AS TO FURTHER SPECIFY THESE REQUIREMENTS AND TO PROVIDE THAT THE INTENT OF SUCH REQUIREMENTS IS TO FACILITATE THE OVERTAKING OF SLOWLY MOVING VEHICLES BY FASTER MOVING VEHICLES; AND TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO PROVIDE THAT MOTOR VEHICLES MUST NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY AND TO ALSO PROVIDE THAT A BICYCLIST MAY NOT BE PROHIBITED FROM DOING SO, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST OVERTAKING A BICYCLIST TO ALLOW A MINIMUM OF FIVE FEET BETWEEN THE MOTOR VEHICLE AND THE BICYCLE, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, AND TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MAY USE.
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Read the first time and referred to the Committee on Transportation.

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin and Campsen: A BILL TO AMEND SECTION 1-30-10(B) OF THE 1976 CODE,

Printed Page 670 . . . . . Tuesday, January 30, 2007
RELATING TO DEPARTMENTS OF STATE GOVERNMENT, TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION SHALL BE A BOARD AND A DIRECTOR; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS DIVIDED BETWEEN A DIRECTOR APPOINTED BY THE GOVERNOR AND A BOARD; TO AMEND ARTICLE 3, CHAPTER 1, TITLE 57, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, BY RECONSTITUTING THE COMMISSION AS A BOARD APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR BOARD MEMBERSHIP, THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, THE QUALIFICATIONS REQUIRED OF BOARD MEMBERS, THE MANNER IN WHICH BOARD MEMBERS ARE SCREENED TO VERIFY QUALIFICATIONS, ESTABLISH THE DISTRICTS FROM WHICH BOARD MEMBERS WILL BE APPOINTED, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE BOARD MEMBERS MUST DISCHARGE THEIR INDIVIDUAL DUTIES IN GOOD FAITH, TO DEFINE A CONFLICT OF INTEREST TRANSACTION AND PROHIBIT BOARD MEMBERS FROM ENTERING INTO A CONFLICT OF INTEREST TRANSACTION, AND TO PROVIDE THAT THE ATTORNEY GENERAL MAY PROSECUTE A BOARD MEMBER INDIVIDUALLY FOR A BREACH OF DUTY OR ENTERING INTO A CONFLICT OF INTEREST TRANSACTION; TO AMEND CHAPTER 1, TITLE 57 BY ADDING ARTICLE 4, TO PROVIDE FOR A DEPARTMENT OF TRANSPORTATION REVIEW COMMITTEE TO SCREEN CANDIDATES FOR MEMBERSHIP ON THE BOARD TO DETERMINE WHETHER THE CANDIDATES MEET THE QUALIFICATIONS SET FORTH IN THIS ACT, TO ESTABLISH THE COMPOSITION OF THE REVIEW COMMITTEE AND MANNER IN WHICH COMMITTEE MEMBERS ARE APPOINTED TO SERVE ON THE COMMITTEE, TO ESTABLISH THE ROTATION OF THE COUNTIES WITHIN EACH DISTRICT FROM WHICH CANDIDATES MAY ORIGINATE, TO ESTABLISH THE PROCESS BY WHICH THE PUBLIC IS NOTIFIED OF AN OPEN SEAT ON THE BOARD, TO PROVIDE AN APPROPRIATE TIME WHEN A CANDIDATE MAY FILE A NOTICE OF INTENTION TO SEEK A SEAT ON THE
Printed Page 671 . . . . . Tuesday, January 30, 2007
BOARD, TO ESTABLISH THE PARAMETERS OF THE INVESTIGATION OF A CANDIDATE'S QUALIFICATIONS AND THE MANNER IN WHICH THE INVESTIGATION IS TO BE CONDUCTED, TO PROVIDE THAT QUALIFIED CANDIDATES, NOT TO EXCEED THREE, MUST BE NOMINATED TO SERVE ON THE BOARD, TO PROVIDE FOR A STAFF TO BE UTILIZED BY THE COMMITTEE, TO PROVIDE THAT COMMITTEE MEMBERS MAY RECEIVE A PER DIEM AND BE REIMBURSED FOR EXPENSES ASSOCIATED WITH SERVICE ON THE COMMITTEE; TO AMEND SECTION 57-1-410, TO PROVIDE THAT THE GOVERNOR MUST APPOINT THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE THAT THE DIRECTOR SERVES AT THE PLEASURE OF THE GOVERNOR, TO PROVIDE FOR A COMPREHENSIVE STUDY OF CERTAIN PROJECTS BEFORE THEY MAY BE INCLUDED IN THE STATE TRANSPORTATION IMPROVEMENT PLAN, TO MAINTAIN A RANKING OF THE PROJECTS, AND TO EVALUATE ON AN ON-GOING BASIS THE MOST COST EFFECTIVE WAYS TO PROMOTE ECONOMIC DEVELOPMENT BY TARGETING TRANSPORTATION INFRASTRUCTURE INVESTMENTS; TO AMEND CHAPTER 3, TITLE 57, BY ADDING SECTION 57-3-800, TO PROVIDE THAT PUBLIC HEARINGS MUST BE HELD IN EACH COUNTY AFFECTED BY A PROPOSED PROJECT TO INCREASE HIGHWAY CAPACITY WITH AN ESTIMATED TOTAL CONSTRUCTION COST IN EXCESS OF FIFTY MILLION DOLLARS; TO AMEND SECTION 57-1-10, TO DEFINE BOARD; TO AMEND SECTION 57-1-30, TO PROVIDE THAT THE BOARD MUST APPROVE THE STATEWIDE MASS TRANSIT SYSTEM, TO PROVIDE THAT THE BOARD MUST GIVE ITS PRIOR APPROVAL TO PLANNING AND CONSTRUCTION PROJECTS AND THE IMPLEMENTATION OF THE STATEWIDE MASS TRANSIT SYSTEM; TO AMEND SECTION 57-3-40(A), TO PROVIDE THAT THE BOARD MUST APPROVE THE GENERAL MASS TRANSIT PROGRAM BEFORE IT IS IMPLEMENTED, TO AMEND SECTION 57-3-110(1), TO PROVIDE THAT THE DEPARTMENT'S DUTY TO LAY OUT, BUILD, AND MAINTAIN PUBLIC HIGHWAYS AND BRIDGES IS SUBJECT TO BOARD APPROVAL, TO PROVIDE THAT THE BOARD MUST APPROVE EXPENDITURES OF FUNDS FOR PROJECTS THAT REQUIRE THE DEPARTMENT TO ENTER INTO PARTNERSHIP
Printed Page 672 . . . . . Tuesday, January 30, 2007
AGREEMENTS WITH POLITICAL SUBDIVISIONS TO BUILD ROADS AND BRIDGES; AND TO AMEND SECTION 57-5-1330(1), TO PROVIDE THAT THE BOARD MUST APPROVE THE DESIGNATION, ESTABLISHMENT, PLAN, IMPROVEMENT, AND CONSTRUCTION OF TURNPIKES.
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Read the first time and referred to the Committee on Transportation.

S. 356 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MRS. MADELINE C. MCMILLION, PRINCIPAL OF ST. PETER'S CATHOLIC SCHOOL IN COLUMBIA, UPON HER RETIREMENT AND TO COMMEND HER FOR HER MANY YEARS OF DEDICATED SERVICE, WISE COUNSEL, AND STEADY GUIDANCE TO THE STUDENTS, FACULTY, AND STAFF AT ST. PETER'S SCHOOL AND TO WISH HER GOOD HEALTH AND MUCH HAPPINESS IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

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

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

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.

S. 146 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Elliott, Fair, Alexander and

Printed Page 673 . . . . . Tuesday, January 30, 2007
Lourie: 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 JURISDICTION WITHIN OTHER COUNTIES OR MUNICIPALITIES FOR PURPOSES OF THE CRIMINAL INVESTIGATIONS.

S. 146--Co-Sponsor Added

On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 146.

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.

Printed Page 674 . . . . . Tuesday, January 30, 2007

ADOPTED

S. 290 (Word version) -- Senators Knotts, Bryant, Verdin, Grooms, Hayes, Malloy, McConnell, Leatherman, Peeler, Courson, McGill, Drummond, Setzler, Fair, Reese, Alexander, Leventis, Sheheen, Ryberg, Pinckney, Jackson, Lourie, Moore, Cromer, Mescher, Ritchie, Martin, Matthews, Gregory, Cleary, Scott and Campsen: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE PAUL A. MORIN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 27, 2007.

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

S. 290--Co-Sponsors Added

On motion of Senator COURSON, with unanimous consent, the names of Senators ANDERSON, ELLIOTT, FORD, HAWKINS, HUTTO, LAND, O'DELL, PATTERSON, RANKIN, RICHARDSON, SHORT, THOMAS, VAUGHN and WILLIAMS were added as co-sponsors of S. 290.

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.

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

READ THE THIRD TIME, SENT TO THE HOUSE

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

Printed Page 675 . . . . . Tuesday, January 30, 2007
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 third reading of the Joint Resolution.

Motion Under Rule 26B Failed

Senator SHEHEEN asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.

Senator SHEHEEN spoke on the motion.

Senator MARTIN spoke on the motion.

The question then was the motion under Rule 26B to accept Amendment No. 3A for consideration.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 12; Nays 27

AYES

Ford                      Hutto                     Jackson
Land                      Leventis                  Lourie
Malloy                    Moore                     Patterson
Pinckney                  Sheheen                   Williams

Total--12

NAYS

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Drummond                  Fair                      Gregory
Grooms                    Hawkins                   Hayes
Knotts                    Leatherman                Martin
McConnell                 Mescher                   O'Dell
Peeler                    Rankin                    Richardson
Printed Page 676 . . . . . Tuesday, January 30, 2007
Ritchie                   Ryberg                    Scott
Setzler                   Thomas                    Vaughn

Total--27

Having failed to receive the requisite number of votes under the provisions of Rule 26B, the Senate refused to take up Amendment No. 3A.

The question then was the third reading of the Joint Resolution.

The Joint Resolution was read the third time, passed and ordered sent to the House of Representatives.

CARRIED OVER

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.

Printed Page 677 . . . . . Tuesday, January 30, 2007

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

S. 157--Co-Sponsors Added

On motion of Senator SETZLER, with unanimous consent, the names of Senators SETZLER and PEELER were added as co-sponsors of S. 157.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 181 (Word version) -- Senators Fair, Richardson and Hayes: A BILL TO AMEND SECTION 24-13-210 AND 24-13-230, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GOOD BEHAVIOR, WORK, AND ACADEMIC CREDITS, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DEVELOP POLICIES, PROCEDURES, AND GUIDELINES TO ALLOW CERTAIN PRISONERS TO RECEIVE A REDUCTION IN THEIR SENTENCES AND TO REVISE THE MAXIMUM AMOUNT OF TIME THAT MAY BE REDUCED FROM A SENTENCE; TO AMEND SECTION 24-27-200, RELATING TO THE FORFEITURE OF WORK, EDUCATION, OR GOOD CONDUCT CREDITS, SO AS TO PROVIDE THAT A REDUCTION IN THESE CREDITS MAY BE IMPLEMENTED PURSUANT TO AN ADMINISTRATIVE LAW JUDGE'S RECOMMENDATION; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN ARCHITECTURAL PLANS, DRAWINGS, OR SCHEMATICS OR LAW ENFORCEMENT POLICIES WHOSE DISCLOSURE WOULD REASONABLY BE USED TO FACILITATE AN ESCAPE FROM LAWFUL CUSTODY MAY BE EXEMPT FROM DISCLOSURE.

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

The Committee on Corrections and Penology proposed the following amendment (181R001.MLF), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:

/     SECTION   2.   Section 24-13-230(A) of the 1976 Code, is amended to read:

Printed Page 678 . . . . . Tuesday, January 30, 2007

"(A)   The Director of the Department of Corrections may must establish policy and procedures to allow any prisoner in the custody of the department, except a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, or is participating in self-improvement programs, which may include counseling, substance abuse programs, religious programs, or recommended health improvement programs, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work, credit and education, and self-improvement credit is limited to one hundred eighty days."   /

Amend the bill further, as and if amended, SECTION 3, page 4, by striking lines 21 and 22 and inserting:

/     recommendation of the court, to include the administrative law court, if the court finds that the prisoner has done any of the     /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

The committee amendment was adopted.

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

CARRIED OVER

S. 182 (Word version) -- Senators Fair, Campsen, Richardson, Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE DEPARTMENT OF COMMERCE SHALL DEVELOP AND MAINTAIN A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DEDUCT CERTAIN AMOUNTS FROM THE GROSS EARNINGS OF THE INMATES ENGAGED IN PRISON INDUSTRY SERVICE WORK.

Printed Page 679 . . . . . Tuesday, January 30, 2007

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

Senator FAIR explained the committee amendment.

Senator McCONNELL moved to carry over the Bill.

The Bill was carried over.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on January 30, 2007, at 12:47 P.M. and the following Act was ratified:

(R1, S. 261 (Word version)) -- Senators Martin and Alexander: AN ACT TO REQUIRE THAT ANY MEASURE BY THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES FOR THE ANNUAL OPERATING BUDGET, A SUPPLEMENTAL BUDGET OR APPROPRIATION THAT EXCEEDS ONE-HALF OF ONE PERCENT OF THE OPERATING BUDGET, OR A MEASURE THAT RESULTS IN THE DISTRICT INCURRING DEBT, MUST RECEIVE READINGS ON THREE SEPARATE DAYS, TO PROVIDE THAT FIRST READING MAY BE BY TITLE OR DESCRIPTION ONLY, THAT SECOND AND THIRD READING MUST BE APPROVED BY A MAJORITY OF THE BOARD MEMBERS, AND THAT THIRD READING MUST NOT BE CONDUCTED PRIOR TO ONE WEEK FOLLOWING THE DATE OF SECOND READING.
L:\COUNCIL\ACTS\261HTC07.DOC

STATEWIDE APPOINTMENTS
Confirmations

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

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

Printed Page 680 . . . . . Tuesday, January 30, 2007

Education Oversight Committee:

Tom O. DeLoach, SC BIPEC, NBSC Building, 1122 Lady Street, Suite 820, Columbia, S.C. 29201

Initial Appointment, South Carolina Public Charter School District Board of Trustees, with term to commence August 1, 2006, and to expire August 1, 2007

Governor:

Thomas B. Hatfield, P. O. Box 21231, Hilton Head, S.C. 29925

Reappointment, South Carolina Arts Commission, with term to commence June 30, 2006, and to expire June 30, 2009

At-Large:

Harry J. Love, 408 - 38th Avenue North, Myrtle Beach, S.C. 29577

Initial Appointment, South Carolina Public Charter School District Board of Trustees, with term to commence July 1, 2006, and to expire July 1, 2009

SC Chamber of Commerce:

Acy Suber, Jr., 602 Sail Point Court, Columbia, S.C. 29212

MOTION ADOPTED

On motion of Senator FORD, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Wacon Laurel Stephens, Jr. of Charleston, S.C. Mr. Stephens was the longest serving council member in the City of Charleston's history -- 35 years. He was a beloved husband, father and devoted public servant.

ADJOURNMENT

At 12:55 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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