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 Pro Tempore.

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

In the Book of Acts we read:

"Immediately mist and darkness came over him-and he groped about,   seeking someone to lead him by the hand."
(Acts 13:11b)

Friends, please join me as we pray:
  Gracious God, there are times-we confess-when we ourselves feel that we have lost our way, when we are almost blinded by conflicting circumstances, when we can't clearly see the way ahead. Holy Lord, especially in those very moments, take us by the hand; lead us in Your way; guide us as You alone can. May each Senator in this august body always trust that You are present, ever ready to guide them through any moments of mist and darkness that perhaps seem to come their way. Help us all to trust You to lead us wisely and well-all to Your glory. Amen.

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

Senator ALEXANDER introduced Dr. T. Edwin Evans of Seneca, S.C., Doctor of the Day, along with medical student, Cady Free.

The following were introduced:

S. 1163 (Word version) -- Senator Bryant: A JOINT RESOLUTION TO PROVIDE FOR A MORATORIUM ON THE ISSUANCE OF PERMITS FOR CONSTRUCTION DEBRIS LANDFILLS UNTIL NEW REGULATIONS CONTROLLING THE LANDFILLS HAVE BEEN

Read the first time and referred to the Committee on Medical Affairs.

S. 1164 (Word version) -- Senator Cleary: A SENATE RESOLUTION TO COMMEND TAIWAN FOR ITS CONTRIBUTIONS TO THE GLOBAL ECONOMY AND ITS PROMOTION OF WORLD PEACE, LIBERTY, AND HUMAN RIGHTS AND TO SUPPORT ITS EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.
l:\council\bills\rm\1359ab08.doc

The Senate Resolution was adopted.

H. 4781 (Word version) -- Reps. Gullick, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, 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 HONOR AND REMEMBER THE LIFE OF DE'ANDRE "DRE" ADAMS, WINTHROP UNIVERSITY BASKETBALL PLAYER, AND TO CELEBRATE THE LEGACY HE LEFT TO THE MANY PEOPLE WHOSE LIVES HE TOUCHED.

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

Senator COURSON from the Committee on Education submitted a favorable report on:

S. 991 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120, SO AS TO PROVIDE FOR THE DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL BY THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY; AND TO REPEAL SECTION 59-103-200, RELATING TO DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL, THAT WAS ERRONEOUSLY CODIFIED UNDER THE COMMISSION OF HIGHER EDUCATION INSTEAD OF THE COMMISSION OF ARCHIVES AND HISTORY.

Ordered for consideration tomorrow.

S. 1127 (Word version) -- Senators Leventis, Hutto, Cromer, Short, Knotts, Leatherman, Courson, Drummond and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF REVENUE IN EXERCISING ITS ADMINISTRATIVE DISCRETION WITH RESPECT TO THE PENALTY THAT IT MAY IMPOSE ON A TAX PREPARER FOR FAILURE TO SUBMIT TAX RETURNS ELECTRONICALLY WHERE REQUIRED TO DELAY IMPOSING A PENALTY BEFORE RETURNS DUE TO BE FILED AFTER DECEMBER 31, 2008, AND TO REQUEST THE DEPARTMENT TO FORGIVE AND REFUND ANY PENALTIES IMPOSED FOR FAILURE TO COMPLY BEFORE THAT DATE.

Returned with concurrence.

Received as information.

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

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

S. 1112 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL

S. 669 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-465 SO AS TO PROVIDE THAT ALL INSURERS THAT ARE RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A HEALTH CARE ITEM OR SERVICE AS A CONDITION OF DOING BUSINESS IN THIS STATE SHALL PROVIDE INFORMATION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ON INDIVIDUALS WHO RECEIVE MEDICAL ASSISTANCE UNDER THE STATE PLAN, SHALL ACCEPT THE STATE'S RIGHT OF RECOVERY OF CERTAIN PAYMENTS MADE UNDER THE STATE PLAN, SHALL RESPOND TO CLAIMS, AND SHALL AGREE NOT TO DENY CLAIMS ON THE BASIS OF THE TIME THE CLAIM WAS FILED, IF TIMELY FILED, THE FORMAT OF THE CLAIM FORM, OR FAILURE TO PRESENT DOCUMENTATION AT THE POINT OF SALE THAT IS THE BASIS OF THE CLAIM.

S. 874 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR VOLUNTEER STATE CONSTABLES DESIGNATED BY THE STATE LAW ENFORCEMENT DIVISION AS ADVANCED STATE CONSTABLES AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.

S. 1157 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3122,

Senator CAMPSEN explained the Joint Resolution.

H. 3059 (Word version) -- Reps. M.A. Pitts, Haskins, Umphlett, Mahaffey, Sandifer, Haley, Viers, Weeks, Clemmons and J.R. Smith: A BILL TO AMEND SECTION 16-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER OR A MEMBER OF THE FIRE DEPARTMENT OR RESCUE SQUAD, SO AS TO ADD THAT IT IS UNLAWFUL TO GIVE FALSE INFORMATION OR IDENTIFICATION TO A LAW ENFORCEMENT OFFICER FOR THE PURPOSE OF AVOIDING ARREST OR CRIMINAL CHARGES.

H. 4599 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATION AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator O'DELL, with unanimous consent, H. 4599 was ordered to receive a third reading on Friday, February 29, 2007.

S. 873 (Word version) -- Senators Knotts and O'Dell: A BILL TO AMEND SECTION 50-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING LICENSES FOR SMALL GAME GENERALLY; AND TO AMEND SECTION 50-9-540, RELATING TO STATEWIDE FISHING LICENSES, SO AS TO REDUCE THE FEE FOR A STATEWIDE HUNTING LICENSE, A STATEWIDE FISHING LICENSE, AND A STATEWIDE COMBINATION LICENSE FOR MEMBERS OF THE UNITED STATES ARMED SERVICES WHO ARE CONSIDERED RESIDENTS OF THIS STATE.

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.

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20552SD08), which was adopted

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Chapter 9, Title 50 of the 1976 Code is amended by adding:

"Section   50-9-515.     A member of the Armed Forces of the United States who is a resident of South Carolina stationed outside of this State, upon presentation of his official furlough or leave papers, shall be allowed to fish or hunt in this State without purchasing any type of state fishing or hunting license."

SECTION   2.   This act takes effect upon approval by the Governor./

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.

S. 979 (Word version) -- Senators Anderson, Ford, Matthews, Land, Malloy, Reese, Pinckney, Scott, Patterson, Hutto, Short, Williams, Jackson, Grooms, Elliott, McGill, Drummond, Bryant and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-1010 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO RECEIVE A PARDON FOR THE CONVICTION OF A CRIME MAY PETITION THE COURT OF APPEALS TO RECOVER THE MONETARY VALUE OF THE LOSS SUSTAINED THROUGH THEIR ERRONEOUS CONVICTION AND IMPRISONMENT.

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

The Committee on Judiciary proposed the following amendment (JUD0979.002), which was adopted:

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

/   SECTION   1.   Article 11, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-1010.   (A)   If a person is convicted by the State of an offense and imprisoned subsequent to the conviction, and the conviction is reversed or vacated and a final judgment has been rendered, then the person may petition the court of general sessions to recover the monetary value of the loss the person sustained through the erroneous conviction and imprisonment.

(B)   A person is not eligible for compensation pursuant to this section if the person:

(1)   pled guilty to the offense, or to any lesser included offense, unless such guilty plea was withdrawn, vacated, or nullified;

(2)   was convicted of any of the acts charged in conjunction with the offense;

(3)   served the term of imprisonment concurrently with the sentence for the conviction of another crime; or

(4)   is serving a term of imprisonment for the conviction of another crime.

(C)   The petition must be filed within two years from the date on which the conviction was reversed or vacated. Persons convicted, imprisoned, and released from custody prior to the effective date of this act must file the petition for compensation within two years from the effective date of this act. The petition must include a statement of the facts upon which the claim is based and may be supported by affidavits that support the claim.

(D)   The court, within thirty days of receiving the petition, shall set a time for a hearing and shall mail notice of this date to the claimant and the prosecutor's office under whose jurisdiction the person was prosecuted.

(E)   At the hearing the claimant may introduce evidence in the form of affidavits or testimony to support the claim, and the prosecutor's office under whose jurisdiction the person was prosecuted may introduce counter affidavits or testimony in refutation.

(F)   If the court finds by clear and convincing evidence that the claimant's conviction was reversed or vacated and a final judgment has been rendered, that the claimant was actually innocent, and that the claimant was imprisoned in connection with the alleged offense, the

(G)   The determination of the court is subject to judicial review upon appeal of the claimant or the State to the South Carolina Court of Appeals.

(H)   The State Treasurer shall pay the amount of the award to the claimant out of funds appropriated by the General Assembly for this purpose.

(I)   A person awarded compensation pursuant to this section and who is subsequently convicted of a crime will not be eligible to receive any unpaid amounts from any compensation authorized by this section."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

The committee amendment was adopted.

Senator MASSEY proposed the following amendment (JUD0979.003), which was adopted:

Amend the bill, as and if amended, page [979-1], by striking lines 27-32 in their entirety and inserting:

/   "Section 24-21-1010.   (A)   If a person is wrongfully convicted by the State of an offense and imprisoned subsequent to the wrongful conviction, and the conviction is reversed or vacated and a final judgment has been rendered, then the person may petition the court of general sessions to recover the monetary value of the loss the person sustained through the wrongful conviction and imprisonment.     /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY 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 ANDERSON, with unanimous consent, S. 979 was ordered to receive a third reading on Friday, February 29, 2007.

S. 1053 (Word version) -- Senators McConnell, Ford, Campsen and Malloy: A BILL TO AMEND SECTION 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO PROVIDE THAT A PERSON WHO IS RELEASED ON BAIL PENDING TRIAL, AND IS SUBSEQUENTLY CHARGED WITH A VIOLENT OFFENSE, SHALL BE DENIED BAIL WHEN THE PROSECUTOR CAN PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT NO CONDITION OR COMBINATION OF CONDITIONS REASONABLY ASSURES THE SAFETY OF ANY OTHER PERSON OR THE SAFETY OF THE COMMUNITY IF THE PERSON IS RELEASED.

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

Senator RITCHIE proposed the following amendment (JUD1053.003), which was adopted:

Amend the committee report, as and if amended, page [1053-1], by striking lines 26-30 in their entirety and inserting:

/   (B)   The court shall consider:

(1)   the accused's criminal record, if any, including, but not limited to, any charges pending against the accused at the time release is requested;

(2)   The court shall consider, if available, all incident reports generated as a result of the offense charged, if available; and

(3)   whether the accused is not lawfully present in the United States in violation of the Federal Immigration and Nationality Act or another federal law relating to illegal immigration and poses a substantial flight risk due to this status.   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

The Committee on Judiciary proposed the following amendment (JUD1053.004), which was adopted:

Amend the bill, as and if amended, page 1, by striking lines 39-41 in their entirety and inserting the following:

/   (B)   The court shall consider the accused's criminal record, if any, including, but not limited to, any charges pending against the accused at the time release is requested. The court shall consider, if available, all incident reports generated as a result of the offense charged. /

Amend the bill further, as and if amended, page 2, by striking line 5 in its entirety and inserting the following:

/   of the person as required or the safety of any other person and the /

Amend the bill further, as and if amended, page 2, after line 7, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   Section 22-5-510 of the 1976 Code is amended to read:

"Section 22-5-510.   (A)   Magistrates may admit to bail a person charged with an offense, the punishment of which is not death or imprisonment for life; provided, however, with respect to violent offenses as defined by the General Assembly pursuant to Section 15, Article I of the Constitution of South Carolina, magistrates may deny bail giving due weight to the evidence and to the nature and circumstances of the event, including, but not limited to, any charges pending against the person requesting bail. 'Violent offenses' as used in this section means the offenses contained in Section 16-1-60. If a person under lawful arrest on a charge not bailable is brought before a magistrate, the magistrate shall commit the person to jail. If the offense charged is bailable, the magistrate shall take recognizance with sufficient surety, if it is offered, in default whereof the person must be incarcerated.

(B)   A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility."     /

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 KNOTTS, the name of Senator KNOTTS was added as a co-sponsor of S. 1053.

H. 3632 (Word version) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Committee on Medical Affairs proposed the following amendment (H-3632 AMENDMENT), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Chapter 33, Title 40 of the 1976 Code is amended by adding:

"Section 40-33-25.   (A)   In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice nursing, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification

(B)   In an investigation or disciplinary proceeding concerning a licensee, the department may require a state criminal records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the department. The South Carolina Law Enforcement Division is authorized to retain the fingerprints for certification purposes and for notification of the department regarding criminal charges. Costs of conducting a criminal history background check must be borne by the department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action."

SECTION 2. Chapter 33, Title 40 of the 1976 Code is amended by adding:

"Section 40-33-39.   A licensed nurse must clearly identify himself or herself as officially licensed by the board. A licensed nurse shall wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the nurse's name and title as officially licensed."

SECTION   3. This act takes effect upon approval by the Governor./

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.

H. 3528 (Word version) -- Reps. M.A. Pitts, Stewart, G.M. Smith, Merrill, Bedingfield, Perry, Davenport, Bingham, Brantley, Chellis, Delleney, Hinson, Jefferson, Knight, Lowe, Mulvaney, J.M. Neal, Ott, Owens, Stavrinakis, Toole, Vick, White, Williams, Young, Mahaffey and Umphlett: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO RESTRICT THE CIRCUMSTANCES UPON WHICH THE STATE LAW ENFORCEMENT DIVISION MAY RELEASE ITS LIST OF PERMIT HOLDERS.

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

The Committee on Judiciary proposed the following amendment (JUD3528.002), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Section 23-31-215(I) of the 1976 Code is amended to read:

"(I)   SLED must maintain a list of all permit holders and the current status of each permit. Upon request, SLED must may release the list of permit holders or verify an individual's permit status only if the request is made by a law enforcement agency to aid in an official investigation, or if the list is required to be released pursuant to a subpoena or court order. SLED may charge a fee not to exceed its costs in releasing the information under this subsection. Except as otherwise provided in this subsection, a person in possession of a list of permit holders obtained from SLED must destroy the list."

SECTION   2.   Section 23-31-215 of the 1976 Code is amended by adding a new lettered subsection to read:

"(T)   During the first quarter of each calendar year, SLED must publish a report of the following information regarding the previous calendar year:

(1)   the number of permits;

(2)   the number of permits that were issued;

(3)   the number of permit applications that were denied;

(4)   the number of permits that were renewed;

(5)   the number of permit renewals that were denied;

(6)   the number of permits that were suspended or revoked; and

(7)   the name, address, and county of a person whose permit was suspended or revoked, including the reason for the suspension or revocation.

The report must include a breakdown of such information by county."

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin, Grooms and Knotts: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY AND TO PROVIDE CERTAIN EXCEPTIONS; TO PROVIDE FOR THE LENGTH OF TIME THAT THE DEVICE MUST BE INSTALLED; TO PROVIDE FOR INSPECTION OF THE DEVICE; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE THE DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH A DEVICE AND TO PROVIDE EXCEPTIONS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE THE DEVICE; AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE THE DEVICE FOR ANOTHER PERSON.
(ABBREVIATED TITLE)

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

S. 1030 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 11-45-30 OF THE 1976 CODE, RELATING TO DEFINITIONS, SO AS TO CLARIFY THE DEFINITION OF "LENDER" AND PROVIDE A DEFINITION FOR "INTEREST"; TO AMEND SECTION 11-45-50, AS AMENDED, RELATING TO REQUIREMENTS FOR THE SUBMISSION OF INVESTMENT PLANS, SO AS TO PROVIDE CLARIFYING LANGUAGE; TO AMEND SECTION 11-45-55, RELATING TO TAX CREDIT CERTIFICATES, SO AS TO REQUIRE THAT THE SOUTH CAROLINA VENTURE CAPITAL AUTHORITY ESTABLISH GUIDELINES FOR PROCEDURES TO ISSUE TAX CREDITS AND DELETE THE REQUIREMENT THAT THE AUTHORITY ALSO ESTABLISH REGULATIONS; TO AMEND SECTION 11-45-70, AS AMENDED, RELATING TO VENTURE CAPITAL INVESTMENT REQUIREMENTS, SO AS TO ALLOW AN INVESTOR TO BE QUALIFIED IF HE PROVES THAT HE HAS MADE PRIOR INVESTMENTS IN SOUTH CAROLINA OR SOUTH CAROLINA BASED COMPANIES; AND TO ADD SECTION 11-45-105 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO APPROVE GUIDELINES ISSUED BY THE AUTHORITY.

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

S. 1056 (Word version) -- Senators McConnell, Ford and Campsen: A BILL TO AMEND SECTION 20-7-8305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO PROVIDE THAT BEFORE A JUVENILE MAY BE CONDITIONALLY RELEASED, THE JUVENILE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 20-7-8320, RELATING TO CONDITIONAL RELEASE, SO AS TO PROVIDE THAT THE JUVENILE MUST BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-19-110, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT BEFORE A YOUTHFUL OFFENDER MAY BE CONDITIONALLY RELEASED, THE YOUTHFUL OFFENDER MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A

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

S. 1067 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-30(6) OF THE 1976 CODE, RELATING TO SALTWATER GAMEFISH, TO CLASSIFY COBIA AS A SALTWATER GAMEFISH.

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.

The Committee on Fish, Game and Forestry proposed the following amendment (GJK\20551SD08), which was adopted

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

/   SECTION   2.   The addition of Cobia Rachycentron canadum to the list of saltwater gamefish in Section 50-1-30(6) of the 1976 Code, as contained in Section 1 of this act expires three years after the effective date of this act, unless extended before this expiration date by the General Assembly by law.

SECTION   3.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

On motion of Senator ELLIOTT, with unanimous consent, the Bill was carried over, as amended.

Senator HUTTO moved to recur to the Morning Hour and take up a Resolution for immediate consideration.

Senator MARTIN raised a Point of Order that the motion was out of order inasmuch as it was a double-barreled motion and taking up the Resolution for immediate consideration required unanimous consent.

The President Pro Tempore sustained the Point of Order and indicated that unanimous consent would be required for the Resolution to be considered.

Senator HUTTO moved to recur to the Morning Hour.

By a division vote of 18-13, the motion to recur to the Morning Hour failed to receive the necessary two-thirds vote.

Senator MARTIN moved that it be the Sense of the Senate that the inclusion of earmark projects and programs in any Appropriations Bills addressed by the Senate this session be governed by the following requirements and procedures:

For purposes of this motion:

(1)   'Appropriations Bill' means the annual General Appropriations Bill, a Supplemental Appropriations Bill, a Joint Resolution appropriating revenues of the Capital Reserve fund, a Bill appropriating contingency reserve fund revenues, or any other Bill appropriating state revenues. For purposes of this definition, a Bill includes a Joint Resolution.

(2)   'Earmark' means:

(a)   an appropriation for a specific program or project not originating in a written agency budget request or included in a previous appropriations act; or

(b)   a provision in an Appropriations Bill directing the expenditure of funds appropriated to an agency or to a political

Any committee report on any appropriations bill, prior to adoption, must have attached to it an earmark fiscal impact statement detailing all earmarks included in the committee report. The earmark fiscal impact statement must be developed by and prepared by the Finance Committee and include at a minimum the member's name requesting the earmark, the specifics of the earmark, including the program, agency, political subdivision or non-governmental entity to which the earmark is directed, and the purpose to be accomplished by the earmark. Prior to receiving third reading, the earmark fiscal impact statement must be updated to accurately reflect all earmarks included in the Appropriations Bill. Senators must be given an opportunity prior to the adoption of any committee report and prior to the Appropriations Bill receiving third reading to review the earmark fiscal impact statement.

A Point of Order to enforce the requirements of this Sense of the Senate motion may be raised at any time the Appropriations Bill or Report on the Bill is under debate by the Senate.

The earmark fiscal impact statement must be maintained as part of any Appropriations Bill and must also be published on the General Assembly's website.

Senator SHEHEEN spoke on the motion.

Senator MARTIN spoke on the motion.

At 12:06 P.M., with Senator MARTIN retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 12:29 P.M., the Senate resumed.

Senator HUTTO raised a Point of Order that the Sense of the Senate motion was out of order inasmuch as it portends to change the Rules of the Senate by a mechanism other than that provided to change the Rules.

Senator MARTIN spoke on the Point of Order.

Senator FORD spoke on the Point of Order.

With Senator MARTIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion that the Senate recur to the Morning Hour for the sole purpose of introducing a Resolution and referring it to the proper committee.

There was no objection.

The following was introduced:

S. 1165 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO REQUEST THE PRESIDENT PRO TEMPORE TO CONVENE A SPECIAL COMMITTEE TO INVESTIGATE THE CIRCUMSTANCES SURROUNDING THE GOVERNOR'S ACTIVITIES IN CONNECTION WITH THE SALE OF PORT ROYAL AND TO MAKE A REPORT AND RECOMMENDATIONS.
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The Senate Resolution was introduced and referred to the Committee on Judiciary.

On motion of Senator MARTIN, the Senate adjourned.

The Sense of the Senate Motion expired due to adjournment.

On motion of Senator GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. M. Darrell Thornley of Moncks Corner, S.C.

At 12:38 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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