Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The Psalmist made clear his trust in the Lord's promises, saying:
"The promises of the Lord are promises that are pure, silver refined in a furnace on the ground, purified seven times." (Psalm 12:6)
Let us pray:
Holy Lord, we praise You for Your promises to Your people, promises of protection, and of care, and of hope. And just as Martin Luther King, Jr. struggled to make real the promises of democracy during his own day, so do we call on You, O God, to lead us in our own struggles to create a just and peaceful world for all Americans. It is always a very real challenge to be the leaders You have called us to be. Yet, by Your grace, we ask You humbly to bless the words and actions of each of these leaders here in the South Carolina Senate that they might consciously carry forward the dream-and the promise.
In Your name we humbly pray, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Jaye Jones Elliot, 3 Willow Run, Bluffton, SC 29910 VICE Charles L. Smith
Initial Appointment, Greenwood County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
C. Ryan Johnson, 220 McGhee Avenue, Greenwood, SC 29649 VICE John C. Cantrell
The following were received and referred to the appropriate committees for consideration:
Document No. 3160
Agency: Department of Health and Environmental Control
SUBJECT: Shellfish
Received by Fish, Game and Forestry Committee
Legislative Review Expiration May 16, 2008
Document No. 3178
Agency: Budget and Control Board
SUBJECT: Data Reporting Requirements Pertaining to Submission of Ambulatory Encounter Data
Received by Lieutenant Governor January 17, 2008
Referred to Medical Affairs Committee
Legislative Review Expiration May 16, 2008
Document No. 3179
Agency: Budget and Control Board
SUBJECT: Data Reporting Requirements Pertaining to South Carolina Hospitals
Received by Lieutenant Governor January 17, 2008
Referred to Medical Affairs Committee
Legislative Review Expiration May 16, 2008
Senator LOURIE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.
On motion of Senator RYBERG, at 12:05 P.M., Senator BRYANT was granted a leave of absence for today.
Senator THOMAS rose for an Expression of Personal Interest.
Senator SETZLER rose for an Expression of Personal Interest.
Senator GROOMS was recognized to give a report regarding the work of the Joint Transportation Review Committee.
H. 4013 (Word version) -- Reps. Agnew and Gambrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 72 IN ABBEVILLE COUNTY FROM ITS INTERSECTION WITH SECONDARY HIGHWAY S-1-139 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 28 "SERGEANT DANNY WILSON AND CONSTABLE DONNIE OUZTS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "SERGEANT DANNY WILSON AND CONSTABLE DONNIE OUZTS MEMORIAL HIGHWAY".
Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1012 (Word version) -- Senator Drummond: A SENATE RESOLUTION TO HONOR AND CONGRATULATE PASTOR AND MRS. BOYCE WILLIAM WILES OF ANDERSON COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT TOGETHER.
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The Senate Resolution was adopted.
S. 1013 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO CELEBRATE THE WONDERFUL OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF THE TOWN OF ELGIN AND TO CONGRATULATE AND COMMEND MAYOR PETE JAMES AND THE CITIZENS OF ELGIN FOR A CENTURY OF SHOWCASING BOTH THE CHARMING BEAUTY AND PRUDENT PROGRESS OF THIS SOUTH CAROLINA JEWEL.
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The Senate Resolution was adopted.
S. 1014 (Word version) -- Senators McConnell and Leatherman: A BILL TO ENACT THE "STATE BUDGET AND CONTROL BOARD REFORM ACT OF 2008", INCLUDING PROVISIONS TO AMEND CHAPTER 30, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE THAT THE POWER TO ORGANIZE AND REORGANIZE A DEPARTMENT LIES WITH THE GENERAL ASSEMBLY IN FURTHERANCE OF ITS MANDATE PURSUANT TO ARTICLE XII OF THE SOUTH CAROLINA CONSTITUTION; AND TO CREATE THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE FOR THE MANNER OF SELECTION AND REMOVAL OF A GOVERNING AUTHORITY, AND TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS, AND PROCEDURES OF THE DEPARTMENT OF ADMINISTRATION.
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Read the first time and referred to the Committee on Judiciary.
S. 1015 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-340 SO AS TO PROVIDE THAT A SERVICE MEMBER ENTITLED TO A STAY IN A CIVIL PROCEEDING PURSUANT TO THE SERVICE MEMBERS CIVIL RELIEF ACT MAY ELECT TO PROCEED UNDER CERTAIN CIRCUMSTANCES AND PROVIDE EVIDENCE THROUGH CERTAIN ELECTRONIC MEANS, AND TO PROVIDE WHEN A PARTY MAY OPPOSE SUCH AN ELECTION AND THE PARTY'S BURDEN OF PROOF, AMONG OTHER THINGS.
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Read the first time and referred to the Committee on Judiciary.
H. 3219 (Word version) -- Reps. Harrison, Cotty and McLeod: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41 RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
Read the first time and referred to the Committee on Judiciary.
H. 4399 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 469 OF 2002, RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES AND THE UNION COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE TIME PERIOD WHEN CANDIDATES FOR ELECTION TO THE BOARD MUST FILE STATEMENTS OF CANDIDACY.
Read the first time and ordered placed on the Local and Uncontested Calendar.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3572 (Word version) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W.D. Smith, Spires, Talley, White, Hart, Whipper and Cotty: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC DIVERSION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC DIVERSION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Senator MARTIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator SHEHEEN explained the Bill.
On motion of Senator SHEHEEN, with unanimous consent, the Bill was read the third time and ordered returned to the House.
S. 890 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Hawkins, O'Dell, Hayes, Elliott, Cromer and Ceips: 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 FOR A FELONY OFFENSE, OFFENSE THAT CARRIES A SENTENCE OF FIVE YEARS OR MORE, OR AN ARREST FOR EAVESDROPPING, PEEPING, OR STALKING, AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, TO PROVIDE THAT THESE PROVISIONS APPLY TO JUVENILES, 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 THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650, RELATING TO THE CONFIDENTIALITY OF DNA, SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT AT NO COST TO THE ACCUSED WHEN CHARGES ARE DISMISSED, NOLLE PROSSED, OR REDUCED BELOW THE REQUIREMENT FOR THE TAKING OF THE DNA SAMPLE, 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; AND TO AMEND SECTION 23-3-120, RELATING TO THE TAKING OF FINGERPRINTS, SO AS TO PROVIDE FOR THE PLACE AND TIMING FOR THE FINGERPRINTING OF A PERSON PLACED UNDER CUSTODIAL ARREST.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator McCONNELL proposed the following amendment (JUD0890.004), which was adopted.
Amend the committee report, as and if amended, page [890-2], Section 23-3-660(B), by striking lines 1-6 and inserting:
/ (B) SLED, at no cost to the person, shall must purge DNA and all other identifiable record information from the State Database and shall must destroy the person's sample if SLED receives the person's written request for expungement and either: /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the perfecting amendment.
The perfecting amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0890.003), which was adopted:
Amend the bill, as and if amended, by striking SECTION 5, page 6, lines 9-43, and on page 7, lines 1-3 in their entirety and inserting the following:
/ SECTION 5. Section 23-3-660 of the 1976 Code is amended to read:
"Section 23-3-660. (A) A person whose DNA record has been included in the State DNA Database may request expungement on the grounds that has the right to have his record expunged upon written request if:
(1) the charges pending against the person who has been arrested or ordered to submit a sample:
(a) have been nolle prossed;
(b) have been dismissed; or
(c) have been reduced below the requirement for inclusion in the State DNA Database; or
(2) the person has been adjudicated not guilty, or the person's conviction or adjudication has been reversed, set aside, or vacated.
(B) SLED, at no cost to the person, including, but not limited to, administrative fees, fines, assessment fees, and similar charges shall must purge DNA and all other identifiable record information from the State Database and shall must destroy the person's sample if SLED receives the person's written request for expungement and either:
(1) a document certified:
(a) by a circuit court judge,
(b) by a prosecuting agency, or
(c) by a clerk of court
that must be produced to the requestor at no charge within fourteen days after the request is made and after one of the events in subsection (A) has occurred, and no new trial has been ordered by a court of competent jurisdiction; or
(2) a certified copy of the court order adjudicating the person not guilty, or reversing, setting aside, or vacating the conviction or adjudication and.
(C) The person seeking expungement must provide proof that the identity of the individual making the request is the person whose record is to be expunged.
(D) If the person has more than one entry in the State DNA Database, only the entry covered by the expungement request may be expunged The person's entry and sample in the State DNA Database shall not be removed if the person has another qualifying offense."/
Amend the bill further, as and if amended, by striking SECTION 6, page 7, lines 5-25 in their entirety and inserting the following:
/ SECTION 6. Section 23-3-670 of the 1976 Code is amended to read:
"Section 23-3-670. (A) The cost of collection supplies for processing a sample pursuant to this article must be paid by the general fund of the State. A person who is required to provide a sample pursuant to this article, upon conviction, pleading guilty or nolo contendere, or forfeiting bond, must pay a two hundred and fifty-dollar processing fee which may not be waived by the court.
(1) If the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated.
(2) If the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.
(B) The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article." /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senators MALLOY, SHEHEEN and MASSEY proposed the following amendment (JUD0890.002), which was adopted:
Amend the bill, as and if amended, page [890-2], by striking line 25 and inserting:
/ offense.
(E) The solicitor must notify the person in writing of the person's right to have his record expunged and the procedure for expungement pursuant to this section. The written notification must be produced to the person when:
(1) the charges pending against the person are:
(a) nolle prossed;
(b) dismissed; or
(c) reduced below the requirement for inclusion in the State DNA Database; or
(2) when the person has been adjudicated not guilty, or the person's conviction or adjudication has been reversed, set aside, or vacated." /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN 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.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 857 (Word version) -- Senators McConnell, Peeler, Grooms, Campsen, O'Dell, Alexander, Scott, Elliott, Ceips and Bryant: A BILL TO AMEND SECTION 1-1-696, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S OFFICIAL LANGUAGE, SO AS TO PROVIDE THAT AFTER JULY 1, 2008, ALL STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE SHALL OFFER ALL SERVICES, PUBLICATIONS, PRINTED, AUDIO AND VIDEO MATERIALS, AND TEST IN AN ENGLISH-ONLY FORMAT UNLESS OTHERWISE REQUIRED BY FEDERAL LAW OR REGULATION.
Senator MARTIN moved that the Bill be made a Special Order.
The Bill was made a Special Order.
Senator FORD desired to be recorded as voting against the motion to make the Bill a Special Order.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Initial Appointment, Greenwood County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
C. Ryan Johnson, 220 McGhee Avenue, Greenwood, SC 29649 VICE John C. Cantrell
Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Jaye Jones Elliot, 3 Willow Run, Bluffton, SC 29910 VICE Charles L. Smith
On motion of Senator CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Clyde J. Oster of Surfside Beach, S.C., a beloved husband and loving father. Mr. Oster retired from the U. S. Army after 24 years of service and during that time he served in WWII, the Korean Conflict and the Vietnam War.
At 12:44 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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