Indicates Matter Stricken
Indicates New Matter

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

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

Hear the Word of the Lord in Malachi:

"See, I am sending my messenger to prepare the way before me, and the Lord whom you seek will suddenly come to his temple. The messenger of the covenant in whom you delight-indeed, he is coming, says the Lord of hosts.

But who can endure the day of his coming, and who can stand when he appears?"     (Malachi 3:1-2)

Please pray with me, friends:

Surely, none of us can stand before the Lord without a sense of foreboding, for we all know how far short we often fall in terms of how we live, in the ways we use our gifts and talents, in how we sometimes fail to stand for what is right. May it be that each one of us in this body prays that we truly become the servant-leaders in whom the Lord will indeed take great delight. Let us serve him faithfully-for in doing so, we will be serving the citizens of this State with fairness and love. In our Savior's name we pray.
Amen.

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

Senators PATTERSON and MALLOY introduced Dr. Gerald Wilson of Columbia, S.C., Doctor of the Day.

On motion of Senator ANDERSON, at 11:38 A.M., Senator REESE was granted a leave of absence for today.

On motion of Senator LAND, at 11:40 A.M., Senator DRUMMOND was granted a leave of absence for today.

Senator GROOMS rose for an Expression of Personal Interest.

Senator ELLIOTT rose for an Expression of Personal Interest.

The following were introduced:

S. 449 (Word version) -- Senators Martin, Verdin, Sheheen and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.
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Senator MARTIN spoke on the Bill.

Read the first time and referred to the Committee on Transportation.

S. 450 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 59-20-40 OF THE 1976 CODE, RELATING TO THE REQUIRED LOCAL EFFORT FOR SCHOOL DISTRICTS, TO PROVIDE THAT NO SCHOOL DISTRICT'S EFFORT PRODUCE MORE THAN SEVENTY-FIVE PERCENT OF THE DISTRICT'S FOUNDATION PROGRAM.
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Read the first time and referred to the Committee on Education.

S. 451 (Word version) -- Senators Courson, Setzler, Leatherman and Alexander: A BILL TO AMEND SECTION 59-119-940 OF THE 1976 CODE, RELATING TO LIMITS ON CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, TO INCREASE THE OUTSTANDING DEBT LIMIT ASSOCIATED WITH THE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND ACT 518 OF 1980, AS AMENDED, TO INCREASE THE OUTSTANDING DEBT LIMIT ASSOCIATED WITH UNIVERSITY OF SOUTH CAROLINA

Read the first time and referred to the Committee on Finance.

S. 452 (Word version) -- Senators Grooms, McConnell and Campsen: A BILL TO AMEND SECTION 50-15-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO DELETE A PROVISION PERMITTING THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS TO CERTAIN PERSONS ALLOWING THE REMOVAL AND DISPOSITION OF ALLIGATORS; TO ADD SECTION 50-15-65 SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN ALLIGATOR CONTROL PROGRAM FOR THE HUNTING AND FOR THE REMOVAL OF ALLIGATORS INCLUDING ALLIGATORS ON PRIVATE LAND, TO PROVIDE FOR THE TERMS, CONDITIONS, AND FEES AND COSTS OF THIS PROGRAM, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 50-15-80, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT AND THE DISPOSITION OF CONFISCATED PROPERTY, SO AS TO FURTHER PROVIDE FOR WHAT ACTIONS GIVE RISE TO THE PENALTY PROVISIONS; AND TO REPEAL SECTION 50-15-60 RELATING TO COST OF SPECIFIED PROGRAMS AND ALLIGATOR PRODUCTS PERMITS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 453 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT", BY ADDING CHAPTER 20 TO TITLE 37 PROVIDING FOR PROTECTIONS IN CONNECTION WITH CONSUMER CREDIT-REPORTING AGENCIES AND WITH THE USE AND COMMUNICATION OF A CONSUMER'S SOCIAL SECURITY NUMBER, IMPOSITION OF A SECURITY FREEZE ON A CONSUMER'S CREDIT REPORT, PRESCRIPTION OF

Read the first time and ordered placed on the Calendar without reference.

S. 454 (Word version) -- Senators Ritchie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO EXTEND THE WARMEST CONGRATULATIONS OF THE SENATE TO OUR FRIEND AND COLLEAGUE, THE HONORABLE SCOTT H. RICHARDSON, FOR HIS DISTINGUISHED SERVICE IN THE SENATE AND IN THE GENERAL ASSEMBLY, UPON HIS NOMINATION BY GOVERNOR MARK SANFORD TO BE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, AND TO WISH HIM THE VERY BEST IN HIS NEW ENDEAVOR.
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Whereas, the members of the Senate have learned with great pride, but also with deep regret at his departure, that one of our own, the Honorable Scott H. Richardson, has been nominated by Governor Mark Sanford as Director of the South Carolina Department of Insurance and will be leaving the Senate upon confirmation; and

Whereas, Scott Richardson is one of the most delightful, knowledgeable, and effective members of the South Carolina Senate who participates in the business and debate of the Senate in a manner that has brought great credit upon himself and this body. In the Senate, he has developed a reputation for having a keen intellect which combined with his skills as a debater have made him a senator of influence and accomplishment; and

Whereas, Scott Richardson resides on Hilton Head Island and represents Beaufort County. He was born on January 22, 1952, and graduated with honors from the University of Tennessee in 1974, earning a Bachelor of Arts degree in psychology. He and his wife,

Whereas, he is an insurance and real estate executive in Hilton Head associated with the Sea Pines Company as well as running his own consulting firm. He first became familiar with the operations of the insurance industry as a principal of Carswell of Carolina, where he became a company principal in 1985 before selling his interest in the company in 1999; and

Whereas, before running for elective office, he was and remains an influential civic and community leader in Hilton Head, Beaufort County, and the Lowcountry. He has served as a board member or officer of a number of business, charitable, and political organizations always taking a prominent role in order to help and serve his community; and

Whereas, he was first elected to the South Carolina House of Representatives, in 1992, from District 123 where he served on the Labor, Commerce and Industry Committee and the Rules Committee. While a member of the Property and Casualty Subcommittee of the House Labor, Commerce and Industry Committee, he did extensive work on the South Carolina Reinsurance Facility, as well as the general operation of South Carolina automobile insurance laws and is recognized as an expert in this field. He was also the original principal sponsor and author of the Charter School Act of 1996; and

Whereas, he was elected to the South Carolina Senate in January 2000 to represent District 46 and serves on the Banking and Insurance, Education, Finance, and Transportation Committees. Senator Richardson is heavily involved with many insurance issues in the Senate and also has a strong interest in education through his work on the Senate Education Committee and the Higher Education Subcommittee of the Senate Finance Committee; and

Whereas, with so much turmoil in the insurance industry at the present time which presents a myriad of difficult problems to solve, South Carolina needs a steady hand at the wheel of the Department of Insurance, where a person deeply knowledgeable in the field with a strong belief in the strength and effectiveness of the marketplace can be effective in formulating and developing solutions to these problems to the benefit of all South Carolinians; and

Whereas, it is therefore with a sense of regret, coupled with a feeling of tremendous pride, that the members of the Senate say goodbye to our dear friend, Scott Richardson, as he leaves the Senate of South Carolina to become the Director of the Department of Insurance and wish him

Be it resolved by the Senate:

That the members of the Senate extend the warmest congratulations to our friend and colleague, the Honorable Scott H. Richardson, for his distinguished service in the Senate and in the General Assembly, upon his nomination by Governor Mark Sanford to be Director of the South Carolina Department of Insurance, and wish him the very best in his new endeavor.

Be it further resolved that a copy of this resolution be presented to Senator Scott H. Richardson.

The Senate Resolution was adopted.

Senator RITCHIE was recognized for brief remarks.

Senator RICHARDSON was recognized for brief remarks.

Senator RYBERG was recognized for brief remarks.

At 12:12 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed five minutes.

At 12:21 P.M., the Senate resumed.

H. 3030 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, D. C. Smith, Spires and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE A SEWAGE COLLECTION SYSTEM WITHIN THE DISTRICT.

Read the first time and referred to the Committee on Judiciary.

H. 3170 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Ott, Ballentine, Barfield, Bedingfield, Bingham, Brady, Ceips, Clemmons, Cotty, Dantzler, Davenport, Delleney, Gambrell, Haley, Haskins, Hardwick, Herbkersman, Hinson, Leach, Littlejohn, Limehouse, Loftis, Lowe,

Read the first time and referred to the Committee on Education.

H. 3471 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE CONTINGENCY RESERVE FUND REVENUES.

Read the first time and referred to the Committee on Finance.

H. 3492 (Word version) -- Rep. Anthony: A BILL TO REPEAL SECTION 12 OF ACT 79 OF 1955 AND SECTION 1 OF ACT 301 OF 1971, BOTH PREVIOUSLY CODIFIED AS PART OF SECTION 21-4172, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE OPERATION OF THE SCHOOL DISTRICT OF UNION COUNTY AND THE DETERMINATION OF THE RECOMMENDATIONS OF ITS BOARD OF TRUSTEES AND THE PROHIBITION OF CLOSING A HIGH SCHOOL IN UNION COUNTY WITHOUT A UNANIMOUS VOTE OF ITS TRUSTEES.

Read the first time and ordered placed on the Local and Uncontested Calendar.

Senator COURSON from the Committee on Education submitted a majority favorable with amendment and Senator PATTERSON a minority unfavorable report on:

S. 217 (Word version) -- Senators Courson, Hayes, Vaughn, Campsen, Knotts, Setzler and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.

Ordered for consideration tomorrow.

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

H. 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.

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

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.

Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator McCONNELL, with unanimous consent, the Bill was given 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, Williams and Grooms: 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

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 ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE

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 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 12-37-670, AS AMENDED, RELATING TO THE OPTIONAL ACCELERATION OF LISTING REAL PROPERTY FOR PROPERTY TAX, SO AS TO ALLOW A COUNTY ORDINANCE IMPLEMENTING THE ACCELERATION TO USE A MONTHLY, QUARTERLY, OR SEMI-ANNUAL SCHEDULE, PROVIDE FOR THE ASSESSOR TO DO THESE LISTINGS, ELIMINATE PROVISIONS PROVIDING

S. 367 (Word version) -- Senators Hayes, Setzler, Matthews, Short, Fair, Richardson and Vaughn: 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

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.

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.

By prior motion of Senator RICHARDSON, with unanimous consent

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

By prior motion of Senator HAYES, with unanimous consent

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 INVOLVING HYDROGEN OR FUEL CELL TECHNOLOGIES, AND TO ALLOW A SALES TAX EXEMPTION FOR BUILDING

By prior motion of Senator SETZLER, with unanimous consent

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

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.

Senator LEATHERMAN explained the Joint Resolution.

On motion of Senator LEATHERMAN, with unanimous consent, H. 3335 was ordered to receive a third reading on Tuesday, February 20, 2007.

S. 397 (Word version) -- Senators Patterson, Courson, Jackson and Lourie: A JOINT RESOLUTION DIRECTING THE DEPARTMENT OF MENTAL HEALTH TO TRANSFER MONEY TO THE CITY OF COLUMBIA FOR HOMELESS PROGRAMS.

Senator LEATHERMAN explained the Joint Resolution.

On motion of Senator COURSON, with unanimous consent, S. 397 was ordered to receive a third reading on Tuesday, February 20, 2007.

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

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

The Committee on Finance proposed the following amendment (408R001.LHS), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 30 and 31 and inserting:

/   year. A county's designation may not be lowered in credit amount more than one tier in the following calendar year. The counties are ranked using the last       /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

On motion of Senator SHORT, with unanimous consent, S. 408 was ordered to receive a third reading on Tuesday, February 20, 2007.

H. 3226 (Word version) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: A BILL TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, AND TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR LEGAL OCCUPATION.

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

Senators MOORE and RANKIN proposed the following amendment (JUD3226.001):

Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Section 8-13-740(A) of the 1976 Code is amended by adding the following numbered subsections to read:

"(8)   A state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity shall not be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict of interest is given and he complies with the recusal requirements of Section 8-13-700(B). A governmental entity includes, but is not limited to, a planning board or zoning commission.

(9)   Notwithstanding another provision of law, a governmental entity shall not prohibit a state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity from service in office or employment based solely on race, color, national origin, religion, sex, disability, or occupation."   /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

Senator KNOTTS objected to further consideration of the Bill.

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.

Senator MESCHER explained the Joint Resolution.

On motion of Senator RYBERG, with unanimous consent, the Joint Resolution was carried over.

S. 322 (Word version) -- Senators Hayes, Hawkins, Vaughn, Peeler, Leatherman, Leventis, O'Dell, McConnell, Cromer, Patterson, Knotts, Land, Mescher, Martin and Alexander: A BILL TO AMEND CHAPTER 114, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT, SO AS TO ENACT THE "SOUTH CAROLINA NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE FOR COLLEGE ASSISTANCE PROGRAM GRANTS TO BE ADMINISTERED BY THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE ELIGIBILITY REQUIREMENTS TO QUALIFY FOR THE GRANTS, TO PROVIDE FOR FUNDING TO BE APPROPRIATED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL PROMULGATE REGULATIONS; TO AMEND SECTION 59-111-75, RELATING TO THE LOAN REPAYMENT PROGRAM FOR MEMBERS OF THE NATIONAL GUARD SERVING IN AREAS OF CRITICAL NEED, SO AS TO PROVIDE THAT THE LOAN REPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND PROVIDE THAT MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHO HAVE RECEIVED LOANS BEFORE THE 2007-08 ACADEMIC YEAR MAY CONTINUE TO RECEIVE THEIR LOANS AND HAVE THEIR LOANS FORGIVEN PURSUANT TO THE PROVISIONS UNDER WHICH THE LOAN PROGRAM BEGAN; AND TO REPEAL ARTICLE 6, CHAPTER 111, TITLE 59, RELATING TO ONE-HALF TUITION FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD.

On motion of Senator O'DELL, with unanimous consent, the Bill was carried over.

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

Initial Appointment, Director, Department of Insurance, with term coterminous with the Governor

Hon. Scott H. Richardson, 52 North Calibogue Cay, Hilton Head, S.C. 29928 VICE Eleanor Kitzman

I wished the Journal to reflect that I recused myself from the Executive Session pending consideration of and voting on this appointment.

Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointment was confirmed in open session:

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2004, and to expire July 1, 2008

4th Congressional District:

Norman F. Pulliam, Pulliam Investment Co., Inc., Spartanburg, S.C. 29302 VICE Karen Floyd

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

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2005, and to expire June 30, 2009

2nd Congressional District:

Margaret Jo Hecker, 409 Longtown Road West, Blythewood, S.C. 29016 VICE Louise McFarland

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2006, and to expire June 30, 2010

1st Congressional District:

Gregory J. Evans, 1453 Headquarters Plantation, Johns Island, S.C. 29455 VICE Patricia P. Watts

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Reappointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 2006, and to expire June 30, 2010

Master:

Paul Elliott Robinson, Jr., P. O. Box 682, Orangeburg, S.C. 29116

Initial Appointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 2006, and to expire June 30, 2010

Barber:

Renee Patton, 152 Bermuda Lane, Inman, S.C. 29349 VICE Napolean Rogers

The Honorable Glenn F. McConnell
President Pro Tempore
South Carolina Senate
101 Gressette Building
Columbia, South Carolina 29201

Dear Senator McConnell:

Pursuant to Section 8-1-145 of the South Carolina Code, please accept this letter as notice of my intent to resign, effective immediately, from the District 46 seat which I currently hold.

It has been an honor and privilege serving with you and the other members of the Senate during the past eight years. While I look forward to new challenges, I will always regard my years in the Senate as some of the very best of my life.

Sincerely,
/s/ Scott H. Richardson

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Robert Joseph Blumer of Rock Hill, S.C.

At 12:40 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow in Statewide Session in Jacksonboro, S.C., at 11:00 A.M, pursuant to the provisions of S. 318.

This web page was last updated on Monday, June 22, 2009 at 2:03 P.M.