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:
In Proverbs, Chapter 16 we read:
"Wisdom is a fountain of life to one who has it, but folly is the punishment of fools." (Proverbs 16:22)
Please join me as we pray:
Most holy Lord, we praise You for each individual throughout South Carolina who is engaged in education, for everyone who strives to impart wisdom to children and to youth and to many adults. May this Senate continue to place a high value upon the importance of enabling the citizens of this State to discover the knowledge necessary to make their way successfully through the twists and turns of the Twenty-first Century. Guide this body as it does all that is necessary to ensure that education thrives in South Carolina. This we pray in Your holy name, dear God.
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:
Reappointment, Board of Trustees of the Children's Trust Fund of South Carolina, with the term to commence June 30, 2008, and to expire June 30, 2012
4th Congressional District:
Kimberly Dawn Hutzell, Girl Scouts of the Piedmont Area, 349 A East Blackstock Rd., Spartanburg, SC 29301
Referred to the Committee on Judiciary.
Initial Appointment, Donate Life South Carolina, with the term to commence April 1, 2008, and to expire April 1, 2012
Pee Dee - Recipient/Donor/Family:
William H. Crosby, Jordon Properties, 2913 South Ocean Blvd., Myrtle Beach, SC 29577 VICE George Sawyer, Jr.
Referred to the Committee on Medical Affairs.
Initial Appointment, Donate Life South Carolina, with the term to commence April 1, 2008, and to expire April 1, 2012
Interested Party:
Pamela J. Farley, 359 Royal Assembly Drive, Charleston, SC 29492 VICE New Seat
Referred to the Committee on Medical Affairs.
Initial Appointment, Donate Life South Carolina, with the term to commence April 1, 2008, and to expire April 1, 2012
Interested Party:
Elizabeth Walker, 121 Woody Creek Road, Greer, SC 29650 VICE New Seat
Referred to the Committee on Medical Affairs.
Reappointment, Jobs Economic Development Authority, with the term to commence July 27, 2006, and to expire July 27, 2009
5th Congressional District:
C. Hampton Atkins, 1502 Jack White Drive, Rock Hill, SC 29732
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Jobs Economic Development Authority, with the term to commence July 27, 2006, and to expire July 27, 2009
2nd Congressional District:
Roger B. Whaley, 133 Gregg Parkway, Columbia, SC 29206 VICE Peter Brown
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, John De La Howe School Board of Trustees, with the term to commence April 1, 2008, and to expire April 1, 2013
At-Large:
W. Joshua Brown, 3 Appledown Court, Anderson, SC 29621
Referred to the Committee on Education.
Reappointment, South Carolina State Commission on Higher Education, with the term to commence July 1, 2008, and to expire July 1, 2012
At-Large:
Kenneth B. Wingate, 4936 Hillside Road, Columbia, SC 29206
Referred to the Committee on Education.
Initial Appointment, Southern Drought Response Committee, with the term to commence March 1, 2006, and to expire March 1, 2010
Public Service Districts:
Oscar P. Black, Sr., 10558 Dorchester Road, Summerville, SC 29484 VICE Steve W. Kinard
Referred to the Committee on Agriculture and Natural Resources.
Reappointment, Southern Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Soil and Water Conservation Districts:
Marion L. Rizer, 2778 Confederate Highway, Lodge, SC 29082
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, Jasper County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Eugene C. Williams, Sr., 1280 Jenkins Ave., Hardeeville, SC 29927 VICE Rodney Kinlaw
The following was received and referred to the appropriate committee for consideration:
Document No. 3162
Agency: Department of Health and Environmental Control
SUBJECT: Standards of Performance for Asbestos Projects
Received by Lieutenant Governor January 23, 2008
Referred to Medical Affairs Committee
Legislative Review Expiration May 22, 2008
Senator LAND introduced Dr. Gary R. Culbertson of Sumter, S.C., Doctor of the Day.
On motion of Senator SHORT, at 2:00 P.M., Senator MALLOY was granted a leave of absence until 5:00 P.M. today.
Senator RYBERG, Chairman of the Labor, Commerce and Industry Committee, has appointed Senators RYBERG, O'DELL, CAMPSEN and SHEHEEN to the Committee to Screen Candidates for the S. C. Employment Security Commission.
Senator CLEARY rose for an Expression of Personal Interest.
Senator THOMAS rose for an Expression of Personal Interest.
On motion of Senator KNOTTS, with unanimous consent, the Privilege of the Chamber was extended to Mrs. Dottie Miller to commend her for her 55 years of devoted service to the State of South Carolina.
Senator LEATHERMAN rose for an Expression of Personal Interest.
S. 675 (Word version) -- Senators Knotts, Thomas, Bryant, Vaughn and Scott: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OFFICERS AND CONSTABLES, SO AS TO AUTHORIZE UTILITY POLICE OFFICERS, DEFINE TERMS RELATED TO INCLUDING UTILITY POLICE OFFICERS IN THE ARTICLE, AND TO PROVIDE A PROCEDURE FOR THE APPOINTMENT OF UTILITY POLICE OFFICERS.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 675.
S. 684 (Word version) -- Senators Leventis, Sheheen, Hutto, Malloy, Williams, McGill, Anderson, Knotts, Verdin, Bryant, Drummond, Vaughn and Patterson: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA ENERGY OFFICE AND THE OFFICE OF REGULATORY STAFF SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY NOT LATER THAN OCTOBER 1, 2007, THAT RECOMMENDS PROCESS AND PROCEDURES FOR ESTABLISHING NET METERING PROGRAMS AT ALL DISTRIBUTION ELECTRIC UTILITIES IN SOUTH CAROLINA, INCLUDING INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, MUNICIPAL-OWNED ELECTRIC UTILITIES, AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 684.
S. 485 (Word version) -- Senators Hayes, Lourie, Fair, Vaughn, Gregory, Cleary, Verdin, McGill, Ryberg, Bryant, Mescher, Campsen, Cromer, Thomas and Leatherman: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS WITH REGARD TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "OPERATOR", "MOTOR VEHICLE", AND "DRIVER"; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR THE DENIAL OF THE ISSUANCE OF A LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", THE TERM "REASONABLE SUSPICION" FOR THE TERM "PROBABLE CAUSE TO BELIEVE", AND THE TERM "INFORMED" FOR THE TERM "NOTIFIED IN WRITING", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE PROVISION THAT REQUIRES THE RECORDING OF THE PERIOD PRIOR TO THE ADMINISTRATION OF A BREATH TEST, TO REVISE THE PERIOD OF TIME A PERSON'S PRIVILEGE TO DRIVE MUST BE SUSPENDED WHEN HE REFUSES TO SUBMIT TO A CHEMICAL TEST TO DETERMINE WHETHER HE WAS OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR SUBMITS TO THE TEST AND THE TEST RESULTS INDICATE CERTAIN LEVELS OF ALCOHOL CONCENTRATION, TO MAKE TECHNICAL CHANGES, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON BEFORE A BREATH TEST MAY BE ADMINISTERED, TO DELETE THE PROVISION THAT REQUIRES A PERSON'S PRIVILEGES TO OPERATE A VEHICLE BE REINSTATED WHEN THE DIVISION OF MOTOR VEHICLE HEARINGS DOES NOT ISSUE A WRITTEN ORDER OR FAILS TO NOTIFY A PERSON OF A NEW HEARING DATE, TO DELETE THE PROVISION THAT REQUIRES THE DIVISION OF MOTOR VEHICLE HEARINGS TO ISSUE ITS WRITTEN ORDERS WITHIN THIRTY DAYS AFTER THE CONCLUSION OF AN ADMINISTRATIVE HEARING, AND TO REVISE THE DEFINITION OF THE TERM "INFORMED"; TO AMEND SECTION 56-1-748, RELATING TO PERSONS WHO ARE INELIGIBLE TO RECEIVE A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A RESTRICTED LICENSE PURSUANT TO SECTION 56-5-2951 MAY NOT OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THIS PROVISION, AND TO SUBSTITUTE THE TERM "RESTRICTED DRIVER'S LICENSE" FOR THE TERM "SPECIAL RESTRICTED DRIVER'S LICENSE"; TO AMEND SECTION 56-5-2930, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF A MOTOR VEHICLE BY A PERSON UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATE A MOTOR VEHICLE" FOR THE TERM "DRIVE A MOTOR VEHICLE", TO PROVIDE FOR THE PROSECUTION OF AND PENALTIES FOR PERSONS CONVICTED OF DRIVING WHILE IMPAIRED AT VARIOUS LEVELS OF ILLEGAL ALCOHOL CONCENTRATIONS; TO AMEND SECTION 56-5-2934, RELATING TO THE RIGHT TO COMPULSORY PROCESS, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO DELETE THE DEFINITION OF THE TERM "DOCUMENTS", AND TO DELETE CERTAIN DUTIES THAT A LAW ENFORCEMENT OFFICER MUST PERFORM WHEN HE ARRESTS A PERSON FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST DETERMINE THE VEHICLES THAT MUST BE IMMOBILIZED INSTEAD OF THE COURT, TO MAKE TECHNICAL CHANGES, TO DELETE THE OFFENSE OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED OR REGISTERED TO A PERSON, TO INCREASE THE FEE FOR REREGISTERING AN IMMOBILIZED MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR THE TERM "PRIOR OFFENSE"; TO AMEND SECTION 56-5-2945, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO SUBSTITUTE THE TERM "OPERATING A MOTOR VEHICLE" FOR THE TERM "DRIVING A MOTOR VEHICLE", TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON CONVICTED UNDER THIS PROVISION IS GUILTY OF THE OFFENSE OF DRIVING WHILE IMPAIRED; TO AMEND SECTION 56-5-2950, RELATING TO A DRIVER'S IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROHIBITS AN OFFICER FROM REQUIRING ADDITIONAL BREATH TESTS AND THE PROVISION THAT ALLOWS AN OFFICER TO ADMINISTER A BREATH TEST IF THE ARRESTEE'S CONDUCT DURING THE PRETEST PERIOD IS VIDEOTAPED, TO REVISE THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED TO A PERSON WHO IS SCHEDULED TO UNDERGO A BREATH TEST, TO PROVIDE THAT EVIDENCE REGARDING THE QUALIFICATION OF A PERSON WHO WITHDRAWS A BLOOD SAMPLE MAY BE PROVIDED AT TRIAL BY TESTIMONY OF THE OFFICER WHO HAS CHARGED A DEFENDANT OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO DELETE A REFERENCE TO SECTION 56-5-2933, TO SUBSTITUTE THE TERM "IMPAIRED BY ALCOHOL" FOR THE TERM "UNDER THE INFLUENCE OF ALCOHOL", AND TO REVISE THE PROCEDURE FOR THE EXCLUSION FROM EVIDENCE OF TEST RESULTS; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, SO AS TO SUBSTITUTE THE TERM "OPERATES" FOR THE TERM "DRIVES", TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT CONTAINS THE DUTIES OF THE DIVISION OF MOTOR VEHICLE HEARINGS WHEN IT FAILS TO HOLD CERTAIN HEARINGS WITHIN A THIRTY-FIVE DAY PERIOD, TO SUBSTITUTE THE TERM "INFORMED" FOR THE TERM "ADVISED IN WRITING", TO DELETE THE PROVISION THAT PROVIDES A DEADLINE FOR THE ISSUANCE OF AN ORDER BY THE DIVISION OF MOTOR VEHICLE HEARINGS, TO DELETE THE PROVISION THAT RESTRICTS THE CLASS OF PERSON WHOSE PRIVILEGE TO OPERATE A MOTOR VEHICLE MUST BE DENIED FOR REFUSING TO SUBMIT TO A BREATH TEST OR DRIVING WITH AN ILLEGAL ALCOHOL CONCENTRATION, TO INCREASE THE PERIOD OF TIME THE PERSON'S PRIVILEGE IS DENIED, AND TO REVISE THE LEVEL OF ALCOHOL CONCENTRATION WHICH IS CONSIDERED ILLEGAL; TO AMEND SECTION 56-5-2953, RELATING TO VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AT THE INCIDENT SITE AND THE BREATH TESTING SITE, SO AS TO DELETE A REFERENCE TO SECTION 56-5-2933, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT PROVIDES WHEN THE VIDEO RECORDINGS MUST END AND BE COMPLETED, AND TO REVISE THE SUBJECT MATTER THAT MUST BE CONTAINED IN THE RECORDINGS; TO AMEND SECTION 56-5-2954, RELATING TO BREATH TESTING SITES, SO AS TO PROVIDE WHEN THE PROVISIONS OF THIS SECTION ARE SATISFIED, AND TO PROVIDE WHEN CERTAIN MOTIONS RELATING TO MATTERS CONTAINED UNDER ARTICLE 23, CHAPTER 5, TITLE 56 MUST BE MADE; AND TO REPEAL SECTIONS 56-5-2933, 56-5-2940, AND 56-5-3000 RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, AND THE PUBLICATION OF THE NAMES OF DRIVERS WHOSE LICENSES HAVE BEEN SUSPENDED.
On motion of Senator ALEXANDER, with unanimous consent, the name of Senator ALEXANDER was added as a co-sponsor of S. 485.
S. 860 (Word version) -- Senators McConnell, Campsen, O'Dell, Elliott, McGill and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3622 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR A PORTION OF THE EXPENSES OF INSTALLING OR IMPROVING A FIRE PROTECTION SPRINKLER SYSTEM IN A COMMERCIAL STRUCTURE IN WHICH SUCH A SYSTEM IS NOT REQUIRED BY STATUTE, REGULATION, OR CODE AND TO PROVIDE THE REQUIREMENTS TO CLAIM THE CREDIT; BY ADDING SECTION 38-75-70 SO AS TO PROVIDE FOR A MINIMUM PREMIUM DISCOUNT AS PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE FOR A COMMERCIAL POLICY OF PROPERTY INSURANCE IF THERE IS INSTALLED AND PROPERLY MAINTAINED A FIRE SPRINKLER SYSTEM IN THE INSURED PROPERTY; AND BY ADDING SECTION 40-10-275 SO AS TO PROHIBIT TAP-ON FEES FOR FIVE SPRINKLER SYSTEMS EXCEEDING THE STANDARD TAP-ON FEE OTHERWISE APPLICABLE FOR THE STRUCTURE.
Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled from the Committee on Finance.
Senator THOMAS asked unanimous consent to commit the Bill to the Committee on Labor, Commerce and Industry and, upon receipt of the Report from the Committee on Labor, Commerce and Industry, the Bill would be recommitted to the Committee on Finance.
There was no objection.
The Bill was ordered committed to the Committee on Labor, Commerce and Industry and, upon receipt of the Report from the Committee on Labor, Commerce and Industry, the Bill would be recommitted to the Committee on Finance.
The following were introduced:
S. 1016 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE CAPTAIN LESLIE "LES" J. COLNA, JR. OF JAMES ISLAND FOR HIS FORTY-THREE YEARS OF DEDICATED SERVICE TO THE HANAHAN AND JAMES ISLAND FIRE DEPARTMENTS, TO THANK HIM FOR HIS DEVOTED LEADERSHIP AS CAPTAIN, AND TO EXTEND BEST WISHES FOR HAPPINESS AND SUCCESS UPON HIS RETIREMENT.
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The Senate Resolution was adopted.
S. 1017 (Word version) -- Senator Cleary: A SENATE RESOLUTION TO RECOGNIZE AND HONOR JOHN R. STILLWAGON, SR. OF HORRY COUNTY CHAMPION CLAY TARGET SHOOTER, FOR HIS MANY YEARS OF RECORD-SETTING ACCOMPLISHMENTS IN THE VENERABLE SPORT OF TRAPSHOOTING.
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The Senate Resolution was adopted.
S. 1018 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-43 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A PERSON WITH AN INTEREST IN A REAL ESTATE TRANSACTION INVOLVING AN APPRAISAL TO COMMIT ANY ACT THAT IMPAIRS THE INDEPENDENT JUDGMENT OF THE APPRAISER IN CARRYING OUT THE APPRAISAL ASSIGNMENT, TO PROVIDE DEFINITIONS, TO PROVIDE FOR A CIVIL CAUSE OF ACTION INCLUDING THE AWARD OF COURT COSTS AND ATTORNEY'S FEES, AND TO PROVIDE FOR REVOCATION OF PROFESSIONAL LICENSES OF OFFENDERS.
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Read the first time and referred to the Committee on Judiciary.
S. 1019 (Word version) -- Senators Martin, Sheheen, Thomas and Courson: A BILL TO AMEND SECTION 16-17-445 OF THE 1976 CODE, RELATING TO UNSOLICITED CONSUMER TELEPHONE CALLS, TO PROVIDE THAT A CONSUMER TELEPHONE CALL INCLUDES CALLS OF A POLITICAL NATURE; AND TO AMEND SECTION 16-17-446, RELATING TO PROHIBITED AUTOMATICALLY DIALED ANNOUNCING DEVICE CALLS, TO INCLUDE CALLS MADE WITH THE ASSISTANCE OF A LIVE OPERATOR UNDER CERTAIN CIRCUMSTANCES.
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Senator MARTIN spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1020 (Word version) -- Senators Pinckney and Ford: A SENATE RESOLUTION TO RECOGNIZE THE REVEREND JOHN H. GILLISON, PRESIDING ELDER OF THE AFRICAN METHODIST EPISCOPAL CHURCH'S SOUTH CAROLINA ANNUAL CONFERENCE FOR THE EDISTO DISTRICT, AND TO CELEBRATE HIS FIFTY YEARS OF MINISTRY IN THE AFRICAN METHODIST EPISCOPAL CHURCH (AME).
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The Senate Resolution was adopted.
S. 1021 (Word version) -- Senator Hawkins: A BILL TO AMEND ARTICLE 1, CHAPTER 67 OF TITLE 59 OF THE 1976 CODE, RELATING TO THE TRANSPORTATION OF PUPILS IN SCHOOL BUSSES, BY ADDING SECTION 59-67-195, TO PROVIDE THAT A SCHOOL BUS DRIVER MAY NOT OPERATE A SCHOOL BUS WHILE USING A CELLULAR TELEPHONE, AND TO PROVIDE FOR DEFINITIONS AND APPROPRIATE PENALTIES.
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Read the first time and referred to the Committee on Education.
S. 1022 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.
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Read the first time and referred to the Committee on Education.
S. 1023 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 16A AND 17 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, 2008.
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Senator McCONNELL spoke on the Resolution.
Read the first time and, on motion of Senator McCONNELL, with unanimous consent, S. 1023 was ordered placed on the Calendar without reference.
S. 1024 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF THE MEMBERS OF THE SOUTH CAROLINA STATE PORTS AUTHORITY, SO AS TO PROVIDE THAT THE GOVERNOR MAY REMOVE A MEMBER ONLY FOR CAUSE.
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Read the first time and, on motion of Senator McCONNELL, with unanimous consent, the Bill was referred to the Committee on Judiciary.
S. 1025 (Word version) -- Senators Lourie, Patterson, Setzler, Knotts, Courson, Jackson and Cromer: A JOINT RESOLUTION TO APPROPRIATE $9,154,990.63 FROM FISCAL YEAR 2007-2008 GENERAL FUND REVENUES TO SUPPLEMENT DISTRIBUTIONS TO SCHOOL DISTRICTS ADVERSELY IMPACTED BY THE UNREVISED 2007 INDEX OF TAXPAYING ABILITY.
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Read the first time and referred to the Committee on Finance.
H. 4277 (Word version) -- Rep. R. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION RENAME THE "WALLACE RIVER BRIDGE" IN THE HOLLYWOOD SECTION OF CHARLESTON COUNTY THE "PETER MILLER BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "PETER MILLER BRIDGE".
On motion of Senator SCOTT, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.
H. 4492 (Word version) -- Reps. Young, Harrell and Hutson: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, 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 CORRECT CERTAIN REFERENCES.
Read the first time and referred to the Committee on Judiciary.
H. 4522 (Word version) -- Reps. Breeland, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, 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 RECOGNIZE THE REVEREND JOHN H. GILLISON, PRESIDING ELDER OF THE AFRICAN METHODIST EPISCOPAL CHURCH'S SOUTH CAROLINA ANNUAL CONFERENCE FOR THE EDISTO DISTRICT, AND TO CELEBRATE HIS FIFTY YEARS OF MINISTRY IN THE AFRICAN METHODIST EPISCOPAL CHURCH (AME).
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4541 (Word version) -- Reps. Kirsh, Chalk, Anderson, Agnew, Alexander, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, 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 COMMEND AND CONGRATULATE SERGEANT RICHARD "TODD" CAMPBELL OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES UPON THE OCCASION OF HIS BEING SELECTED AS THE 2007 LAW ENFORCEMENT OFFICER OF THE YEAR BY THE SOUTHEASTERN ASSOCIATION OF FISH AND WILDLIFE AGENCIES.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 297 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MEDICAL SERVICES EMPLOYMENT ACT" AND TO REQUIRE AFTER JUNE 30, 2007, A PERSON SEEKING EMPLOYMENT AS AN EMERGENCY MEDICAL TECHNICIAN (EMT) TO UNDERGO A CRIMINAL RECORDS CHECK PRIOR TO EMPLOYMENT, TO PROHIBIT EMPLOYMENT OF A PERSON AS AN EMT IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONY CRIMES OR CRIMES AGAINST CERTAIN VULNERABLE INDIVIDUALS, TO EXEMPT AN EMT EMPLOYED ON JULY 1, 2007, FROM A CRIMINAL RECORDS CHECK UNLESS AND UNTIL THE EMT CHANGES HIS EMT EMPLOYMENT, AND TO PROVIDE AN EXCEPTION DURING A STATE OF EMERGENCY.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 775 (Word version) -- Senators Scott and Lourie: A JOINT RESOLUTION TO ESTABLISH THE MULTIPLE SCLEROSIS HEALTHCARE ACCESS STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, AND TO DIRECT THE COMMITTEE TO STUDY THE AVAILABILITY OF HEALTH CARE SERVICES TO MULTIPLE SCLEROSIS PATIENTS IN THIS STATE AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2008, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
S. 799 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Invitations polled out S. 872 favorable:
S. 872 (Word version) -- Senators Knotts, Elliott, Leventis and McGill: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE MARTIN "MARTY" F. CONASTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 4, 2008.
AYES
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 3852 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO, AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES WHETHER OR NOT THE VOLUNTEER RECEIVES FINANCIAL GAIN FOR THE VOLUNTEER SERVICES, AND TO PROVIDE SUCH IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Invitations polled out H. 4427 favorable:
H. 4427 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE MARTIN "MARTY" F. CONASTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 4, 2008.
AYES
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Invitations polled out H. 4464 favorable:
H. 4464 (Word version) -- Reps. Harrell, 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, Gullick, Hagood, Haley, Hamilton, Hardwick, 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 DECLARE THE WEEK OF FEBRUARY 23-MARCH 1, 2008, AS "ENTREPRENEURSHIP WEEK" IN SOUTH CAROLINA, IN RECOGNITION OF THE ONGOING SOCIAL AND ECONOMIC CONTRIBUTIONS TO THE AMERICAN WAY OF LIFE MADE BY SOUTH CAROLINA'S ENTREPRENEURS.
AYES
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Ordered for consideration tomorrow.
Columbia, S.C., January 23, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has receded from its amendment to:
H. 3379 (Word version) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.
and requests that notation be made on the Bill and the Bill be enrolled for ratification by the Senate.
H. 3379 (Word version) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.
The House having receded from its amendments, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
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 third reading of the Bill.
Senator RITCHIE asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.
Senator SHEHEEN objected.
Senator RITCHIE asked unanimous consent to make a motion to explain the amendment.
There was no objection.
Senator RITCHIE explained the amendment.
Senator RITCHIE moved to waive the provisions of Rule 26B.
The "ayes" and "nays" were demanded and taken, as follows:
Alexander Bryant Campsen Ceips Cleary Courson Cromer Fair Gregory Grooms Hayes Knotts Leatherman Martin McConnell O'Dell Peeler Ritchie Ryberg Scott Thomas Verdin
Anderson Campbell Elliott Ford Hawkins Hutto Land Leventis Lourie Massey Matthews McGill Patterson Pinckney Rankin Reese Setzler Sheheen Short Williams
Having failed to receive the necessary vote, the provisions of Rule 26B were not waived.
At 3:04 P.M., Senator McCONNELL assumed the Chair.
The question then was the third reading of the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives, with amendments.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 993 (Word version) -- Senator Hutto: A BILL TO ENACT THE "ALLENDALE COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT" SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN ALLENDALE COUNTY NOT TO EXCEED ONE PERCENT TO BE USED FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATIONS.
On motion of Senator HUTTO, S. 993 was ordered to receive a third reading on Thursday, January 24, 2007.
H. 4315 (Word version) -- Reps. R. Brown and Hodges: A BILL TO AMEND ACT 190 OF 1991, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY, SO AS TO CHANGE THE TIME FOR FILING THE STATEMENT OF CANDIDACY TO BE ELECTED TO THE BOARD OF TRUSTEES AND TO CORRECT INCORRECT REFERENCES.
On motion of Senator PINCKNEY, H. 4315 was ordered to receive a third reading on Thursday, January 24, 2008.
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".
The Concurrent Resolution was adopted, ordered returned to the House.
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 THE SPECIAL ORDERS.
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.
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, chairman of the subcommittee, explained the Bill.
Senator HUTTO proposed the following Amendment P-1 (JUD0857.005), which was tabled:
Amend the committee report, page [857-1], by striking lines 31-42, and on page [857-2], by striking lines 1-8, and inserting:
/ (B) Except as provided for in Section 1-1-698, after July 1, 2008, all state agencies shall offer all services, publications, tests, and any other material, whether in printed, audio, or video format, only in an English language format unless otherwise required by federal law or regulation, or as provided for in subsection (C).
(C) State agencies may offer services, publications, tests, and any other material, whether in printed, audio, or video format, in a language other than the English language when prepared or offered:
(1) by institutions of higher learning to meet the academic or other purposes of their missions;
(2) to protect the health or safety of any citizen;
(3) to promote trade, tourism, or commerce;
(4) to use proper names, terms of art, or phrases from languages other than the English language;
(5) to protect the rights of victims of crime or criminal defendants; or
(6) by the South Carolina Educational Television Network (ETV) for educational purposes only." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
At 3:14 P.M., Senator MARTIN assumed the Chair.
Senator HUTTO resumed explaining the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HUTTO proposed the following Amendment P-5 (JUD0857.009), which was adopted:
Amend the committee report, by striking subsection (C) in its entirety and inserting therein the following:
/ (C) State agencies and political subdivisions of the State may offer services, publications, tests, and any other material, whether in printed, audio, or video format, in a language other than the English language when prepared or offered:
(1) by public schools or institutions of higher learning to meet the academic or other purposes of their missions;
(2) to protect the health or safety of any person;
(3) to promote trade, tourism, or commerce;
(4) to use proper names, terms of art, or phrases from languages other than the English language;
(5) to protect the rights of victims of crime or criminal defendants; or
(6) by the South Carolina Educational Television Network (ETV) for educational purposes only."
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The question then was the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0857.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 1-1-696 of the 1976 Code is amended to read:
"Section 1-1-696. (A) The English language is the official language of the State of South Carolina.
(B) Except as provided for in Section 1-1-698, after July 1, 2008, all state agencies and political subdivisions of the State shall offer all services, publications, tests, and any other material, whether in printed, audio, or video format, only in an English language format unless otherwise required by federal law or regulation, or as provided for in subsection (C).
(C) State agencies and political subdivisions of the State may offer services, publications, tests, and any other material, whether in printed, audio, or video format, in a language other than the English language when prepared or offered:
(1) by institutions of higher learning to meet the academic or other purposes of their missions;
(2) to protect the health or safety of any citizen;
(3) to promote trade, tourism, or commerce;
(4) to use proper names, terms of art, or phrases from languages other than the English language;
(5) to protect the rights of victims of crime or criminal defendants; or
(6) by the South Carolina Educational Television Network (ETV) for educational purposes only."
SECTION 2. This act takes effect upon approval by the Governor. / Amend title to conform.
The committee amendment was adopted.
The question then was the second reading of the Bill.
Senator LEVENTIS spoke on the Bill.
Senator THOMAS spoke on the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The Bill was returned to the status of Special Order.
Having received a favorable report from the Senate, the following appointment was confirmed in open session:
Initial Appointment, Jasper County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Eugene C. Williams, Sr., 1280 Jenkins Ave., Hardeeville, SC 29927 VICE Rodney Kinlaw
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jack Bogan of Rock Hill, S.C.
At 4:13 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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