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:
Hear the Word of the Lord:
"From the rising of the sun to its setting the name of the Lord is to be praised. The Lord is high above all nations, and his glory above the heavens." (Psalm 113:3-4)
Join me as together we pray:
It is so tempting, dear God, to believe that what we do is truly the end-all and the be-all of all things. How self-centered we mortals can sometimes become. Massage our egos, Lord, and lead us to refuse to become arrogant, prideful women and men. Enable us all to learn from one another, to work together for the benefit of all South Carolinians, and to honor you and the lessons you share with us above everything else. And in every regard, O God, to You be the glory! In your name we pray, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 3096
Agency: Department of Health and Environmental Control
SUBJECT: Hazardous Waste Management Regulations
Received by Lieutenant Governor February 14, 2007
Referred to Medical Affairs Committee
Legislative Review Expiration June 14, 2007
Senator MARTIN introduced Dr. Jennifer Root of Columbia, S.C., Doctor of the Day.
At 2:05 P.M., Senator CAMPSEN requested a leave of absence for Thursday, February 15, 2007.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment and upon the completion of the Executive Session, the Senate would stand adjourned.
S. 20 (Word version) -- Senators Elliott, Mescher, Cleary, Hutto, Lourie, Moore, Sheheen, Reese, Knotts, Leventis and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.
On motion of Senator McGILL, with unanimous consent, the names of Senators McGILL, RANKIN and CAMPSEN were added as co-sponsors of S. 20.
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
On motion of Senator ALEXANDER, the name of Senator ALEXANDER was added as a co-sponsor of S. 322.
S. 431 (Word version) -- Senators McConnell, Moore, Drummond, Setzler, Matthews, Thomas, O'Dell, Gregory, Jackson, Mescher, Rankin, Alexander, Anderson, Grooms, Scott and Williams: A BILL TO AMEND CHAPTER 33 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENHANCE THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES SERVING CONSUMERS IN THIS STATE AND TO PROVIDE FOR REGULATORY OVERSIGHT OF THE DEVELOPMENT AND CONSTRUCTION OF BASE LOAD GENERATING PLANTS; TO AMEND SECTION 58-27-610, RELATING TO DEFINITIONS, SO AS TO DEFINE THE TERM "CORRIDOR RIGHTS"; TO AMEND SECTION 58-27-620, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO PROVIDE PARAMETERS TO DETERMINE WHICH SUPPLIER MAY SERVE PREMISES THAT CONSIST OF MULTIPLE BUILDINGS, STRUCTURES, OR FACILITIES; TO AMEND SECTION 58-27-660, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO RECOGNIZE THE AUTHORITY OF THE COMMISSION TO ACT WHEN IT FINDS THAT AN ELECTRIC SUPPLIER IS NOT PROVIDING ADEQUATE AND DEPENDABLE SERVICE; TO AMEND
On motion of Senator CROMER, the name of Senator CROMER was added as a co-sponsor of S. 431.
S. 283 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.
On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 283.
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,
On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was added as a co-sponsor of S. 336.
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.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 334.
S. 397 (Word version) -- Senators Patterson and Courson: A JOINT RESOLUTION DIRECTING THE DEPARTMENT OF MENTAL HEALTH TO TRANSFER MONEY TO THE CITY OF COLUMBIA FOR HOMELESS PROGRAMS.
On motion of Senator JACKSON, with unanimous consent, the names of Senators JACKSON and LOURIE were added as co-sponsors of S. 397.
S. 93 (Word version) -- Senators Campsen, Ryberg, Vaughn, Hayes, Mescher, Knotts and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES ACT" BY ADDING SECTION 59-63-100 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS.
On motion of Senator FAIR, with unanimous consent, the name of Senator FAIR was added as a co-sponsor of S. 93.
S. 425 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS.
On motion of Senator VAUGHN, with unanimous consent, the name of Senator VAUGHN was added as a co-sponsor of S. 425.
S. 410 (Word version) -- Senators Gregory and Leatherman: A BILL TO AMEND SECTION 42-1-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIABILITY OF A CONTRACTOR TO WORKMEN OF A SUBCONTRACTOR FOR COMPENSATION UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO REQUIRE A LOWER-TIER CONTRACTOR TO CARRY WORKERS' COMPENSATION INSURANCE.
On motion of Senator VAUGHN, with unanimous consent, the name of Senator VAUGHN was added as a co-sponsor of S. 410.
S. 367 (Word version) -- Senators Hayes, Setzler, Matthews, Short, Fair and Richardson: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN A COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT AND TO PROVIDE THAT THIS MILLAGE INCREASE LIMIT DOES NOT AMEND OR REPEAL ANY MORE RESTRICTIVE LIMIT APPLICABLE IN OTHER LAW.
On motion of Senator VAUGHN, with unanimous consent, the name of Senator VAUGHN was added as a co-sponsor of S. 367.
S. 370 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD ARSON IN THE FIRST DEGREE TO THE LIST OF CRIMES INCLUDED IN THE STATUTORY AGGRAVATING CIRCUMSTANCES FOR PURPOSES OF THE DEATH PENALTY.
On motion of Senator VAUGHN, with unanimous consent, the name of Senator VAUGHN was added as a co-sponsor of S. 370.
The following were introduced:
S. 434 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO HONOR AND RECOGNIZE THE RIGHT REVEREND EDWARD L. SALMON, JR., THE THIRTEENTH BISHOP OF THE EPISCOPAL DIOCESE OF SOUTH CAROLINA, FOR HIS MANY CONTRIBUTIONS TO HIS CONGREGATIONS AND TO THE STATE OF SOUTH CAROLINA, AND TO WISH HIM ALL THE BEST UPON HIS RETIREMENT.
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The Senate Resolution was adopted.
S. 435 (Word version) -- Senators Mescher and Cleary: A SENATE RESOLUTION TO COMMEND RAY SMITH AND THE RAY SMITH TAE KWON DO TEAM OF DORCHESTER COUNTY FOR THEIR OUTSTANDING ACHIEVEMENT IN THE CHICAGO OPEN INTERNATIONAL TAE KWON DO CHAMPIONSHIPS, AND TO RECOGNIZE THE GROUP FOR ITS MANY CONTINUED SUCCESSES.
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The Senate Resolution was adopted.
S. 436 (Word version) -- Senators Alexander and Peeler: A CONCURRENT RESOLUTION TO URGE THE MEMBERS OF THE SOUTH CAROLINA DELEGATION TO THE UNITED STATES CONGRESS AND MEMBERS OF SOUTH CAROLINA STATE GOVERNMENT TO WORK TOGETHER TO TIMELY REAUTHORIZE THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO ASSURE FEDERAL FUNDING FOR THE SOUTH CAROLINA STATE CHILDREN'S HEALTH
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
S. 437 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO LICENSURE OF CERTIFIED PUBLIC ACCOUNTANTS, ACCOUNTING PRACTITIONERS AND REGISTRATION OF ACCOUNTING FIRMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3092, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 438 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 1-13-20, 1-13-30, 1-13-70, 1-13-80, 1-13-90, AS AMENDED, AND 1-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO PROHIBITING DISCRIMINATION IN EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR, SEX, AGE, NATIONAL ORIGIN, OR DISABILITY, SO AS TO ALSO PROHIBIT SUCH DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION OR GENDER IDENTITY AND TO DEFINE "SEXUAL ORIENTATION" AND "GENDER IDENTITY".
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Read the first time and referred to the Committee on Judiciary.
S. 439 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO REQUIRE HEALTH CARE FACILITIES TO ESTABLISH PROTOCOLS ALLOWING A PATIENT TO DESIGNATE AN INDIVIDUAL AS AN AUTHORIZED VISITOR REGARDLESS OF THE BLOOD OR LEGAL RELATIONSHIP OF THE PATIENT TO THE INDIVIDUAL.
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Read the first time and referred to the Committee on Medical Affairs.
S. 440 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1900 SO AS TO ESTABLISH PENALTIES FOR NONCAPITAL CRIMINAL OFFENSES AGAINST A PERSON THAT WERE MOTIVATED BY HATE, WHICH PERTAINS TO SUCH CRIMES BEING COMMITTED WITH THE INTENT TO COMMIT THE CRIME BECAUSE OF THE ACTUAL OR PERCEIVED RACE, RELIGION, COLOR, NATIONAL ORIGIN, ANCESTRY, AGE, DISABILITY, GENDER, SEXUAL ORIENTATION OR GENDER IDENTITY OF A VICTIM, AND TO DEFINE "AGE", "BASE OFFENSE", "GENDER IDENTITY", "DISABILITY", "MOTIVATED BY HATE", AND "SEXUAL ORIENTATION".
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Read the first time and referred to the Committee on Judiciary.
S. 441 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 31-21-30, 31-21-40, 31-21-50, 31-21-60, AND 31-21-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO PROHIBITING DISCRIMINATION PURSUANT TO THE SOUTH CAROLINA FAIR HOUSING LAW, CONCERNING THE BUYING, SELLING, OR RENTING OF DWELLINGS, BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SO AS TO ALSO PROHIBIT SUCH DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION OR GENDER IDENTITY AND TO DEFINE "SEXUAL ORIENTATION" AND "GENDER IDENTITY".
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 442 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 45-2-20, 45-2-30, AND 45-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DISCRIMINATION PURSUANT TO THE LODGING ESTABLISHMENT ACT, CONCERNING HOTELS AND OTHER SLEEPING ACCOMMODATIONS, BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, GENDER, DISABILITY, OR MARITAL STATUS, SO AS TO ALSO PROHIBIT SUCH DISCRIMINATION
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 443 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO REQUIRE HEALTH CARE FACILITIES TO ESTABLISH PROTOCOLS ALLOWING A PATIENT TO DESIGNATE AN INDIVIDUAL AS AN AUTHORIZED VISITOR REGARDLESS OF THE BLOOD OR LEGAL RELATIONSHIP OF THE PATIENT TO THE INDIVIDUAL; TO AMEND SECTIONS 1-13-20, 1-13-30, 1-13-70, 1-13-80, 1-13-90, AS AMENDED, AND 1-13-100, ALL RELATING TO PROHIBITING DISCRIMINATION IN EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR, SEX, AGE, NATIONAL ORIGIN, OR DISABILITY, SO AS TO ALSO PROHIBIT SUCH DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION OR GENDER IDENTITY AND TO DEFINE "SEXUAL ORIENTATION" AND "GENDER IDENTITY"; TO AMEND SECTIONS 31-21-30, 31-21-40, 31-21-50, 31-21-60, AND 31-21-70, ALL RELATING TO PROHIBITING DISCRIMINATION PURSUANT TO THE SOUTH CAROLINA FAIR HOUSING LAW, CONCERNING THE BUYING, SELLING, OR RENTING OF DWELLINGS, BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SO AS TO ALSO PROHIBIT SUCH DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION OR GENDER IDENTITY AND TO DEFINE "SEXUAL ORIENTATION" AND "GENDER IDENTITY"; TO AMEND SECTIONS 45-2-20, 45-2-30, AND 45-2-60, RELATING TO PROHIBITING DISCRIMINATION PURSUANT TO THE LODGING ESTABLISHMENT ACT, CONCERNING
Read the first time and referred to the Committee on Judiciary.
S. 444 (Word version) -- Senators Jackson and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 17 SO AS TO ESTABLISH THE "SOUTH CAROLINA INNOCENCE INQUIRY COMMISSION" WHOSE PURPOSE IT IS TO INVESTIGATE AND DETERMINE CREDIBLE CLAIMS OF FACTUAL INNOCENCE OF A CONVICTION THAT REQUIRES AN INDIVIDUAL TO VOLUNTARILY WAIVE CERTAIN RIGHTS AND PRIVILEGES.
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Read the first time and referred to the Committee on Judiciary.
S. 445 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 59-20-20 OF THE 1976 CODE, RELATING TO THE DEFINITION OF "INDEX OF TAXPAYING ABILITY" TO PROVIDE THAT THE INDEX IS COMPRISED OF THREE EQUALLY WEIGHTED COMPONENTS THAT MEASURE ASSESSED VALUE, REDUCED AND FREE LUNCH, AND REAL WAGES, AND TO AMEND SECTION 59-20-40, RELATING TO THE COMPUTATION OF THE REQUIRED LOCAL REVENUE IN SUPPORT OF THE FOUNDATION PROGRAM, TO PROVIDE THAT THE COMPUTATION SHALL EQUALLY WEIGH EACH OF THE THREE COMPONENTS OF THE INDEX OF TAXPAYING ABILITY.
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Senator RICHARDSON spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 446 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Anderson, Vaughn, Hawkins, Scott, Williams, Drummond, Mescher, Thomas, Short, Hutto, Leatherman, Richardson, Leventis, Elliott, Patterson, Pinckney, Land, Lourie, Jackson, Peeler, Sheheen, Moore and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDIGENT DEFENSE ACT" BY ADDING SECTION 17-3-5 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE CHAPTER; BY ADDING ARTICLE 5, CHAPTER 3, TITLE 17 SO AS TO ESTABLISH CIRCUIT PUBLIC DEFENDER SELECTION PANELS, PROVIDE FOR THEIR MEMBERSHIP AND RESPONSIBILITIES RELATED TO THE APPOINTMENT OF CIRCUIT PUBLIC DEFENDERS, PROVIDE ELIGIBILITY REQUIREMENTS FOR CIRCUIT PUBLIC DEFENDERS AND ESTABLISH THEIR DUTIES, AND AUTHORIZE THE CIRCUIT PUBLIC DEFENDERS TO EMPLOY CHIEF COUNTY PUBLIC DEFENDERS AND OTHER NECESSARY PERSONNEL; TO AMEND SECTION 17-3-30, RELATING TO THE AFFIDAVIT REGARDING A PERSON'S INABILITY TO EMPLOY COUNSEL AND PAYMENT OF AN INDIGENT PERSON'S ASSETS TO THE STATE, SO AS TO PROVIDE THOSE ASSETS ARE TO BE PAID TO THE GENERAL FUND OF THE STATE; TO AMEND SECTION 17-3-50, RELATING TO FEES FOR APPOINTED COUNSEL AND PUBLIC DEFENDERS, SO AS TO DELETE OBSOLETE
Senator MALLOY spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 447 (Word version) -- Senators Gregory, Knotts, Leventis, Sheheen, Grooms, O'Dell, Lourie, Courson, Mescher, McConnell, Ritchie and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 49 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 448 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3115 (Word version) -- Rep. Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.
Read the first time and referred to the Committee on Judiciary.
H. 3116 (Word version) -- Reps. W. D. Smith, Cooper and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 14 SO AS TO CREATE THE COURT APPOINTMENT DEFERRAL FUND TO BE MAINTAINED BY THE SUPREME COURT IN ACCORDANCE WITH THE PROCEDURE FOR SUBMISSION OF RULES GOVERNING PRACTICE AND PROCEDURE.
Read the first time and referred to the Committee on Judiciary.
H. 3199 (Word version) -- Reps. G. M. Smith, Hagood, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ATM SAFETY ACT" BY AMENDING SECTION 16-11-380, RELATING TO ENTERING A BANK, DEPOSITORY, OR BUILDING AND LOAN ASSOCIATION WITH INTENT TO STEAL, SO AS TO INCLUDE AND CREATE VARIOUS ATM OFFENSES, TO ESTABLISH PENALTIES FOR EACH OFFENSE, TO REQUIRE THE POSTING OF A WARNING SIGN ON ATMS AND SIMILAR DEVICES, AND TO PROVIDE EXCEPTIONS; AND BY AMENDING SECTION 17-25-45, AS AMENDED, RELATING TO LIFE SENTENCES FOR CERTAIN MOST SERIOUS AND SERIOUS OFFENSES, SO AS TO ADD THE ATM OFFENSE TO THE LIST OF SERIOUS OFFENSES.
Read the first time and referred to the Committee on Judiciary.
H. 3422 (Word version) -- Reps. Cooper and Kirsh: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN THE COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTION 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-37-3130 AND 12-37-3150, RELATING TO DEFINITIONS AND ASSESSABLE TRANSFERS OF INTEREST FOR PURPOSES OF THE SOUTH CAROLINA REAL PROPERTY VALUATION REFORM ACT, SO AS TO REVISE THE DEFINITION OF "CONVEYANCE" AND PROVIDE THAT TRANSFERS OCCUR WHEN INSTRUMENTS ARE EXECUTED WITHOUT REFERENCE TO THE DATE OF RECORDING AND TO PROVIDE THAT FAILURE TO RECORD GIVES RISE TO NO INFERENCE OR TO WHETHER OR NOT A TRANSFER HAS OCCURRED; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND ASSESSMENT OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE ADDITIONAL INFORMATION AND CERTIFICATION REQUIREMENTS TO OBTAIN THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO PROVIDE PERIODIC REAPPLICATION AS THE
Read the first time and referred to the Committee on Finance.
H. 3491 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE TOWN OF LAKE VIEW ON THE OCCASION OF ITS CENTENNIAL CELEBRATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3498 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE PICKENS HIGH SCHOOL "LADY FLAME" VOLLEYBALL TEAM ON ITS IMPRESSIVE WIN OF THE 2006 CLASS AAA STATE VOLLEYBALL CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND COACH JENNIFER GRAVELY ON AN OUTSTANDING SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3501 (Word version) -- Reps. Limehouse, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND MRS. EMILY SMITH SCHROEDER FOR THIRTY-TWO YEARS OF DEDICATED SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND TO THE PEOPLE OF SOUTH CAROLINA UPON THE OCCASION OF HER RETIREMENT, AND TO WISH FOR HER MANY YEARS OF HEALTH AND HAPPINESS IN HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3502 (Word version) -- Reps. G. R. Smith, Allen, Bannister, Bedingfield, Hamilton, Leach, Shoopman and Taylor: A CONCURRENT RESOLUTION TO RECOGNIZE BOB SHUMAKER, OF GREENVILLE, AUTHOR OF THE SCHMOONEY TRILOGIES, A CHILDREN'S BOOK SERIES IN WHICH THE ENDEARING MAIN CHARACTER "THE SCHMOONEY" TAKES CHILDREN ON WONDERFUL ADVENTURES AND TO COMMEND HIM FOR HIS DEDICATION TO HELPING IMPROVE READING SKILLS AND LITERACY ACROSS THE STATE AND TO DECLARE THE SCHMOONEY THE HONORARY MASCOT FOR LITERACY IN SOUTH CAROLINA FOR 2007-2008.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
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
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 397 (Word version) -- Senators Patterson and Courson: A JOINT RESOLUTION DIRECTING THE DEPARTMENT OF MENTAL HEALTH TO TRANSFER MONEY TO THE CITY OF COLUMBIA FOR HOMELESS PROGRAMS.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 408 (Word version) -- Senators Short and Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT DROP MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
H. 3335 (Word version) -- Rep. Edge: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2006-2007 ALL INTEREST ACCRUING ON FUNDS COLLECTED AND HELD BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO SECTION 44-56-160 MUST BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND AND AUTHORIZED FOR CERTAIN HAZARDOUS WASTE-RELATED EXPENDITURES BY THE DEPARTMENT.
Ordered for consideration tomorrow.
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, Campsen, Anderson, Ford, Elliott, Hawkins, Hutto, Land, O'Dell, Patterson, Rankin, Richardson, Short, Thomas, Vaughn and Williams: 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.
Returned with concurrence.
Received as information.
S. 419 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ORLANDO HUDSON, A NATIVE OF DARLINGTON COUNTY, FOR HIS OUTSTANDING SPORTS ACHIEVEMENTS IN THE FIELD OF BASEBALL.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 40 (Word version) -- Senators Ford, Knotts and Jackson: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT NO MEMBER IS ELIGIBLE TO SEEK JUDICIAL OFFICE WHILE SERVING ON THE COMMISSION AND FOR ONE YEAR THEREAFTER; TO AMEND SECTION 2-19-20, AS AMENDED, RELATING TO THE RESPONSIBILITY OF THE COMMISSION TO INVESTIGATE THE QUALIFICATIONS OF CANDIDATES AND TO PUBLICIZE VACANCIES IN JUDICIAL OFFICES, SO AS TO MAKE TECHNICAL CHANGES TO CLARIFY THAT PERSONS DO NOT
S. 59 (Word version) -- Senators Ford and Knotts: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT
S. 142 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Mescher, Setzler, Fair, Alexander and Lourie: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST RATHER THAN FOLLOWING SENTENCING AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT ONLY THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650 SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; AND TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT WHEN CHARGES ARE DISMISSED OR NOLLE PROSSED, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION.
By prior motion of Senator MALLOY, with unanimous consent
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 399 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND ACT 410 OF 2002, RELATING TO APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY; SO AS TO PROVIDE FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR OFFICES, BOARDS, AND COMMISSIONS PROVIDING WATER OR SEWER SERVICES TO A SERVICE AREA IN WHICH ONE OR MORE MUNICIPALITIES ARE LOCATED.
S. 426 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3086, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 208 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.
On motion of Senator RICHARDSON, with unanimous consent, S. 208 was ordered to receive a third reading on Thursday, February 15, 2007.
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.
On motion of Senator HAYES, with unanimous consent, S. 330 was ordered to receive a third reading on Thursday, February 15, 2007.
H. 3399 (Word version) -- Rep. Harrell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 10 AND NEW VOLUME 9A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2007.
Senator McCONNELL explained the Joint Resolution.
S. 132 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator GROOMS proposed the following amendment (132R002.LKG), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 13, Title 50 of the 1976 Code is amended by adding:
"Section 50-13-390. Notwithstanding any other provision of law, no more than one Arkansas blue catfish over thirty-six inches may be taken from the waters of Lakes Marion and Moultrie by any one person in one day. The provisions of this section apply to commercial as well as recreational fishermen."
SECTION 2. The provisions of this act are repealed three years from the effective date of the act.
SECTION 3. This act takes effect upon approval by the Governor.\ /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 157 (Word version) -- Senators McConnell, Vaughn, Campsen, Courson, Richardson, Hayes, Mescher, McGill, Knotts, Elliott, Cleary, Leatherman, Alexander, Verdin, Fair, Setzler, Peeler and Williams: 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
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator CLEARY proposed the following amendment (157R002.REC), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-425. (1) It is unlawful for any person, except State, county or municipal law-enforcement officers or personnel authorized by school officials, to possess a knife, with a blade over two inches long, or a blackjack on any elementary or secondary school property.
(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest." /
Renumber sections to conform.
Amend title to conform.
Senators HUTTO and CLEARY explained the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator MARTIN spoke on the Point of Order.
Senator CLEARY spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
At 2:50 P.M., Senator MARTIN assumed the Chair.
Senator CLEARY resumed speaking on the amendment.
The amendment was withdrawn.
At 2:55 P.M., the PRESIDENT assumed the Chair.
Senator HUTTO proposed the following amendment (JUD0157.001), which was adopted:
Amend the bill, as and if amended, pages 1-3, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-900. (A) As used in this section:
(1) 'Teacher' means a:
(a) licensed teacher, principal, administrator, home school educator, or other educational professional who works on school grounds;
(b) professional or non-professional employee who works on school grounds and has responsibility for maintaining order, discipline, or ensuring safety; or
(c) school employee who, in an emergency, is called upon to maintain order, discipline, or to ensure safety.
(2) 'School' means a public or private kindergarten, a public or private elementary school, a public or private middle school or junior high, a public or private high school, a secondary school, an adult education school, a home school that includes students not related by blood to the operator, a public or private college or university, and any vocational, technical, or occupational school.
(3) 'Student' means a person:
(a) enrolled in a school, whether the person is suspended or not suspended; or
(b) expelled from a school within one year of enrollment.
(B) In addition to the protections granted under the South Carolina Tort Claims Act, no teacher has civil liability to a student or to a party acting in the interest of a student for an act or omission by the teacher if the:
(1) teacher was acting within the scope of the teacher's employment;
(2) actions of the teacher violated no state, local, or federal law including regulations set forth by the individual district or school;
(3) acts or omissions were not the result of wilful or intentional conduct or gross negligence;
(4) acts or omissions were not the result of the teacher operating a motor vehicle or watercraft; and
(5) actions of the teacher do not constitute a violation of the student's civil rights.
(C) This section does not affect the provisions of the South Carolina Tort Claims Act." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 157.
S. 196 (Word version) -- Senators Ritchie, McConnell, Richardson, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "FAMILY COURT REFORM ACT OF 2007", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators CAMPSEN, BRYANT, GROOMS and RITCHIE proposed the following amendment (JUD0196.001), which was adopted:
Amend the bill, as and if amended, page 5, by striking lines 3 through 8 and inserting therein the following:
/ parties. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
Senators RITCHIE and SHEHEEN proposed the following amendment (JUD0196.003), which was adopted:
Amend the bill, as and if amended, pages 15 and 16, by striking Section 20-8-40(A), beginning on page 15, line 35, and ending on page 16, line 9, by inserting therein the following:
/ Section 20-8-40. (A) All issues in domestic relations actions are subject to court-ordered mediation except where exempted. The following cases must be automatically exempted from mediation:
(1) contempt actions;
(2) child abuse and neglect cases including probable cause, merits hearings pursuant to Sections 20-7-736 and 20-7-738, review hearings, permanency planning for children in foster care, termination of parental rights, and adoption proceedings;
(3) DSS Adult Protective Services cases;
(4) DSS child support cases where the only issues are paternity and determination of the amount of support;
(5) any case where there has been a finding by a court of competent jurisdiction within one year of the date of filing the action of spousal abuse or child abuse or neglect by one of the parties;
(6) juvenile proceedings;
(7) uncontested issues;
(8) actions where there is an agreement between the parties for voluntary mediation, subject to court approval;
(9) the entry of a divorce or separate maintenance decree; or
(10) any case where the parties agree, in a written document sworn and subscribed to by both parties, that the total value of the marital estate is less than ten thousand dollars.
Certification that an action is exempt from court-ordered mediation shall be on a form approved by the Supreme Court./
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following amendment (MS\7166AHB07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:
"Section 20-3-155. For purposes of Section 20-3-150 and other provisions of law requiring the cessation of alimony or spousal support upon the remarriage of the supported spouse, a remarriage of the supported spouse which is later annulled by a court of competent jurisdiction shall cause the cessation of alimony or spousal support. The parties to a divorce or separation agreement may enter into a consent order to permit continued support contrary to the provisions of this section. A person may petition a court of competent jurisdiction for relief from an order to pay alimony or spousal support pursuant to the provisions of this section if the order from which the person seeks relief is an order reinstating alimony or spousal support to a former
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 243 (Word version) -- Senators Setzler, Leatherman, Fair and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND", TO AUTHORIZE THE SOUTH CAROLINA RESEARCH AUTHORITY TO ADMINISTER SUBGRANTS FOR THE PURPOSE OF PROMOTING THE DEVELOPMENT OF HYDROGEN PRODUCTION, TO ALLOW THE FUND TO RECEIVE DONATIONS, GRANTS, AND OTHER FUNDING AS PROVIDED BY LAW, TO ALLOW A TAXPAYER WHO MAKES A CONTRIBUTION TO THE FUND TO RECEIVE A TAX CREDIT SUBJECT TO CERTAIN LIMITATIONS, TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE A SPECIFIC AMOUNT FROM THE GENERAL FUND OF THE STATE TO THE FUND, AND TO REQUIRE STATE AGENCIES TO CONSIDER PURCHASING EQUIPMENT AND MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR BOTH OF THEM; BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A CREDIT AGAINST THE INCOME TAX, LICENSE FEES, OR INSURANCE PREMIUM TAXES FOR QUALIFIED CONTRIBUTIONS MADE TO THE FUND; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A SALES TAX EXEMPTION FOR EQUIPMENT OR MACHINERY OPERATED BY HYDROGEN OR FUEL CELLS OR USED TO DISTRIBUTE HYDROGEN AND FOR EQUIPMENT AND MACHINERY USED PREDOMINATELY FOR RESEARCH AND DEVELOPMENT
The Senate proceeded to a consideration of the Bill, the question being the second reading of the section.
Senator RYBERG proposed the following amendment (243R012.WGR), which was adopted:
Amend the committee amendment, as and if amended, page [243-3], by striking lines 34 - 42 and page [243-4], by striking lines 1 - 6 and inserting:
/ Section 11-46-40. The South Carolina Research Authority shall submit an annual report to the Governor and the General Assembly containing at a minimum the following:
(1) the total amount of monies placed in the fund in a fiscal year and the total amount of monies granted to the alliance from the fund in a fiscal year;
(2) a list of the applicants that received subgrants and the applicant's stated objectives;
(3) an audit of the activities conducted by the applicants;
(4) the monies used by the alliance and the authority for administration and management and the percentage of each subgrant used for administration and management;
(5) the progress achieved by the authority, the fund, and the alliance in creating a sustainable foundation upon which a hydrogen economy may develop across the State; and
(6) the certified gross profits earned by grant or subgrant recipients./
Amend the committee amendment further, as and if amended, page [243-4], line 12 by adding:
/ Section 11-46-60. Two percent of the gross profits derived from the sale of hydrogen and fuel cell products or services developed by a grant or subgrant recipient, organized and operating as a for-profit business entity must be annually remitted to the fund through June 30, 2012, until the full amount of the original grant or subgrant has been repaid to the fund. Thereafter, if the full amount of the original grant or subgrant has not been repaid, gross profits must be annually remitted to the State Treasurer and transferred to the general fund of the State until
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the perfecting amendment.
The amendment was adopted.
The Committee on Finance proposed the following amendment (243R005.HKL), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. The General Assembly finds that:
(1) South Carolina must encourage a vibrant knowledge-based economy and establish a foundation for research and commercialization activities to create higher paying jobs and benefit all South Carolinians;
(2) continuing to nurture a hydrogen and fuel cell cluster in South Carolina's economy, which has already begun with efforts by the state's research universities, is a public purpose that will help to further the state's goal to encourage a knowledge-based economy;
(3) South Carolina considers hydrogen and fuel cell technology, which is an alternative means of electrical power, to be a "fuel of the future" due to its potential to create high-paying jobs for the citizens of the State, its safe uses for stationary, portable, and automotive devices, and its positive environmental impacts;
(4) hydrogen is a clean fuel that is of benefit to citizens because of its renewable sources, nonpolluting characteristics, nonpetroleum basis, and its potential to limit the country's reliance on foreign sources of oil;
(5) the global demand for hydrogen technology is projected to be more than $2.6 trillion in 2021 and the United States market is expected to exceed one trillion dollars and one million jobs before 2020, while the economic potential for South Carolina and surrounding communities is estimated to be 40,000 jobs and a ten billion dollar capital investment in the State by 2020; and
(6) in order to capitalize on this economic opportunity, it is appropriate that the State create an ideal environment for all users and developers of hydrogen and fuel cell technology, including companies, businesses, and consumers, to further the state's goal to create a thriving hydrogen and fuel cell cluster in South Carolina's economy./
Amend the bill further, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Title 11 of the 1976 Code is amended by adding:
South Carolina Hydrogen Infrastructure Development Act
Section 11-46-10. This chapter may be cited as the 'South Carolina Hydrogen Infrastructure Development Act'.
Section 11-46-20. (A) There is established in the office of the State Treasurer a separate and distinct fund known as the 'South Carolina Hydrogen Infrastructure Development Fund'. The revenues of the fund must be distributed in the form of grants to the South Carolina Hydrogen and Fuel Cell Alliance and used for the purpose of promoting the development and deployment of hydrogen production, storage, distribution, and dispensing infrastructure and related products and services that enable the growth of hydrogen and fuel cell technologies in the State, either by the alliance or a subgrantee. Unexpended revenues in this fund carry forward into succeeding fiscal years through June 30, 2012, and earnings in this fund must be credited to it.
(B) The General Assembly must not appropriate more than a total of fifteen million dollars in grants as provided for in Section 11-46-30(B). Neither grants nor subgrants may be made after June 30, 2012. Revenues remaining in the fund after that date, regardless of source, lapse to the general fund of the State.
(C) The South Carolina Research Authority shall implement and manage the application for subgrants. The authority shall administer the fund and subgrants on behalf of the alliance for any purpose that furthers the creation of a sustainable foundation upon which a hydrogen economy may develop across the State including, but not limited to, a demonstration project, pilot project, and the purchase of machinery and equipment. The authority, upon consultation with the alliance, the University of South Carolina's Fuel Cell Center of Excellence, Clemson University, South Carolina State University's Clyburn Transportation Center, the Savannah River National Laboratory, the Center for Hydrogen Research, the Medical University of South Carolina, and the Columbia Innovation Center, shall establish guidelines for the application for and approval of subgrants, including specific objectives that an applicant must meet to receive a subgrant. The executive committee of the authority has the ultimate authority to determine any matter relating to the fund and to the application of fund proceeds including, but not limited to, the approval of subgrants.
(D) Subgrants distributed from the fund are subject to the procurement procedures followed by the authority.
(E) Appropriations made to the fund pursuant to Section 11-46-30(B) may be distributed as subgrants only to the extent that there is a dollar-for-dollar match, in cash or in kind, from a source other than the State. However, the executive committee of the authority, based on the merits of a subgrant proposal and its projected economic benefit, may reduce or eliminate the matching requirement on a case-by-case basis.
Section 11-46-30. (A) The South Carolina Hydrogen Infrastructure Development Fund may receive donations, grants, and any other funding as provided by law. A taxpayer making a contribution to the fund is allowed a tax credit provided pursuant to Section 12-6-3630.
(B) The South Carolina Hydrogen Infrastructure Development Fund may receive appropriations from the general fund of the State up to the following amounts in the fiscal years indicated:
(1) seven million dollars for the fiscal year 2007-08;
(2) five million dollars for fiscal year 2008-09;
(3) three million dollars for fiscal year 2009-10.
Section 11-46-40. The South Carolina Research Authority shall submit an annual report to the Governor and the General Assembly containing at a minimum the following:
(1) the total amount of monies placed in the fund in a fiscal year and the total amount of monies granted to the alliance from the fund in a fiscal year;
(2) a list of the applicants that received subgrants and the applicant's stated objectives;
(3) an audit of the activities conducted by the applicants;
(4) the monies used by the alliance and the authority for administration and management and the percentage of each subgrant used for administration and management; and
(5) the progress achieved by the authority, the fund, and the alliance in creating a sustainable foundation upon which a hydrogen economy may develop across the State.
Section 11-46-50. Each state agency head shall require the agency's procurement officer, or other state employee authorized to purchase equipment or machinery for the agency, to consider purchasing equipment or machinery operated by hydrogen or fuel cells, or both of them, if available and cost-effective." /
Amend the bill further, as and if amended, SECTION 4, page 6, by striking line 6 and inserting:
/ or fuel cell technologies. Research and development does not include /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senators PEELER, LEATHERMAN and SETZLER spoke on the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator SETZLER, with unanimous consent, S. 243 was ordered to receive a third reading on Thursday, February 15, 2007.
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.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 66 (Word version) -- Senators Martin, Cromer, Vaughn, Knotts, Cleary, Leatherman, Verdin, Fair and Alexander: A BILL TO AMEND SECTIONS 61-4-90 AND 61-6-4070 OF THE 1976 CODE, RELATING TO THE TRANSFER OF AN ALCOHOLIC BEVERAGE TO A MINOR, TO PROVIDE THAT IT IS UNLAWFUL TO TRANSFER AN ALCOHOLIC BEVERAGE TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS REGARDLESS OF THE MINOR'S INTENT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MARTIN proposed the following Amendment No. 1 (JUD0066.003):
Amend the bill, as and if amended, page 1, by striking SECTION 2 in its entirety, and on page 2, by striking SECTION 3 in its entirety, and inserting:
/ SECTION 2. Section 61-4-90 of the 1976 Code is amended to read:
"Section 61-4-90. (A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.
(B) The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the beverage is never offered for consumption or imbibed by the student; and
(5) the beverage at all times remains in the possession and control of the authorized instructor.
(C) Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(D) This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(E) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."
SECTION 3. Section 61-6-4070 of the 1976 Code is amended to read:
"Section 61-6-4070. (A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.
(B) The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age
The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the liquor is never offered for consumption or imbibed by the student; and
(5) the liquor at all times remains in the possession and control of the authorized instructor.
(C) Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(D) This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(E) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator LEVENTIS spoke on the amendment.
Senator KNOTTS spoke on the Bill.
On motion of Senator KNOTTS, the Bill was carried over.
S. 366 (Word version) -- Senators Hayes, Land, Courson, Matthews, Grooms and Richardson: A BILL TO AMEND SECTION 6-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTING BY COUNTIES AND MUNICIPALITIES TO THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE REPORTING DATE; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT; TO AMEND SECTIONS 11-11-155 AND 11-11-156, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (BBM\9754HTC07), which was adopted:
Amend the bill, as and if amended, Section 11-11-156(A)(3), as contained in SECTION 3, page 5, by striking item (3) and inserting:
/ (3)(a) Beginning with the fiscal year 2008-2009 reimbursements, these tier three reimbursements must be increased on an annual basis by an inflation factor equal to the percentage increase in the previous year of the Consumer Price Index, Southeast Region, as published by the United States Department of Labor, Bureau of Labor Statistics plus the percentage increase in the previous year in the population of the State as determined by the Office of Research and Statistics of the State Budget and Control Board. Distribution of these reimbursement increases shall must be as provided in this subsection.
(b) If the total increase provided pursuant to subitem (a) of this item is less than four percent, then to the extent revenues are available in the Homestead Exemption Fund, the CPI/population increase provided pursuant to subitem (a) of this item is further increased, not to exceed a total of four percent. /
Amend further, Section 11-11-156(A), page 6, by striking item (6) and inserting:
/ (6) To the extent revenues in the Homestead Exemption Fund are insufficient to pay all reimbursements to a school district required by this subsection (A) and subsection (B), the difference must be paid from the state general fund. However, no general fund revenues may be used to achieve the distribution provided pursuant to item (3)(b) of this subsection. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 367 (Word version) -- Senators Hayes, Setzler, Matthews, Short, Fair and Richardson: A BILL TO AMEND SECTIONS 11-11-155 AND 11-11-156, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FUND AND THE MANNER IN WHICH THE SCHOOL DISTRICTS OF THE STATE RECEIVE REVENUES FROM THE HOMESTEAD EXEMPTION FUND, SO AS TO CLARIFY THE METHOD OF DETERMINING AND CALCULATING THESE PAYMENTS, PROVIDING THE SCHEDULE OF THE PAYMENTS TO SCHOOL DISTRICTS, SPECIFYING THE SOURCE OF THE TWO AND ONE-HALF MILLION DOLLAR MINIMUM PAYMENT TO A COUNTY FOR SCHOOL DISTRICTS IN A COUNTY, AND SPECIFYING WHEN A REMAINING BALANCE IN THE HOMESTEAD EXEMPTION FUND IS REMITTED TO COUNTIES FOR PURPOSES OF THE COUNTY OPERATING MILLAGE PROPERTY TAX CREDIT FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; AND TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE THAT A REDUCTION IN POPULATION AND A DECLINE IN THE CONSUMER PRICE INDEX DOES NOT DECREASE THE APPLICABLE LIMIT AND TO PROVIDE THAT THIS MILLAGE INCREASE LIMIT DOES NOT AMEND OR REPEAL ANY MORE RESTRICTIVE LIMIT APPLICABLE IN OTHER LAW.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (BBM\9755HTC07), which was adopted:
Amend the bill, as and if amended, Section 11-11-156(A)(3), as contained in SECTION 2, page 3, by striking item (3) and inserting:
/ (3)(a) Beginning with the fiscal year 2008-2009 reimbursements, these tier three reimbursements must be increased on an annual basis by an inflation factor equal to the percentage increase in the previous year of the Consumer Price Index, Southeast Region, as published by the United States Department of Labor, Bureau of Labor Statistics plus the percentage increase in the previous year in the population of the State as determined by the Office of Research and Statistics of the State
(b) If the total increase provided pursuant to subitem (a) of this item is less than four percent, then to the extent revenues are available in the Homestead Exemption Fund, the CPI/population increase provided pursuant to subitem (a) of this item is further increased, not to exceed a total of four percent. /
Amend further, Section 11-11-156(A), page 4, by striking item (6) and inserting:
/ (6) To the extent revenues in the Homestead Exemption Fund are insufficient to pay all reimbursements to a school district required by this subsection (A) and subsection (B), the difference must be paid from the state general fund. However, no general fund revenues may be used to achieve the distribution provided pursuant to item (3)(b) of this subsection. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 283 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
On motion of Senator McCONNELL, the Bill was carried over.
By prior motion of Senator McCONNELL, the Senate agreed to go into Executive Session.
On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.
By prior motion of Senator McCONNELL, the Senate stood adjourned.
On motion of Senators LEVENTIS and LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Forrest A. Ray of Sumter, S.C., beloved husband, family man, celebrated musician and teacher. His music career began at the age of 5 with the trumpet, French horn, trombone, string bass and tuba. He served 21 years in the Air Force. He was a member of the Air Force Ceremonial Band in Washington, D.C., and was an original member of the famed Air Force Academy Band. He wrote and composed "Falcon Fight," the Air Force Academy fight song along with numerous other scores still played and recorded today. He was the band director in Sumter School District 2 and taught adult education programs in the county.
At 4:00 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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