Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 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:
The Apostle Paul wrote to the Colossians:
"As God's chosen ones, holy and beloved, clothe yourselves with compassion, kindness, humility, meekness, and patience."
(Colossians 3:12)
Please bow as we pray:
Gracious and loving Lord, again and again do You speak to us about how we are to live and to serve. By Your Grace, O God, enable each of us not only to hear but also to understand and to follow Your teachings in all that we do and say. Embrace in love and care all of those in uniform who serve You, many in threatening places around the globe, and soon bring home those who have been long-separated from their loved ones. Guide and bless all of Your servants here in this Senate, Lord.
In Your name we pray. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator CAMPSEN introduced Dr. William Simpson, Jr. of Charleston, S.C., Doctor of the Day.
At 12:02 P.M., Senator CLEARY requested a leave of absence beginning at 6:00 P.M. on Wednesday, January 30, 2008, and lasting until 6:00 P.M. on Thursday, January 31, 2008.
At 12:26 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:30 A.M. on Thursday, January 31, 2008.
There was no objection and a message was sent to the House accordingly.
Senator THOMAS rose for an Expression of Personal Interest.
The Chaplain was recognized to present Bibles to the newest members of the Senate--Senators CEIPS, MASSEY and CAMPBELL.
S. 1018 (Word version) -- Senators Martin and Setzler: 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.
On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 1018.
S. 104 (Word version) -- Senators McConnell, Courson, Vaughn, Knotts and Campsen: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, SO AS TO ADD ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.
On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 104.
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.
On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 1022.
The following were introduced:
S. 1032 (Word version) -- Senators Leatherman and Peeler: A JOINT RESOLUTION TO SUPPLEMENT THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY, AND TO PROVIDE THAT A SCHOOL DISTRICT POSITIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY SHALL DIRECT THE EXCESS FUNDS TOWARD NONRECURRING ALLOWABLE EXPENDITURES.
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Read the first time and referred to the Committee on Finance.
S. 1033 (Word version) -- Senator Cromer: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE 1976 CODE, BY ADDING SECTION 1-1-710, TO DESIGNATE THE COLOR INDIGO BLUE AS THE OFFICIAL COLOR OF THE STATE OF SOUTH CAROLINA.
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Read the first time and referred to the Committee on Judiciary.
S. 1034 (Word version) -- Senator Courson: A JOINT RESOLUTION TO EXTEND THE DATE BY WHICH THE HIGHER EDUCATION TASK FORCE MUST SUBMIT RECOMMENDATIONS FOR THE HIGHER EDUCATION STATEWIDE STRATEGIC PLAN TO THE GENERAL ASSEMBLY UNTIL SEPTEMBER 15, 2008.
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Senator COURSON spoke on the Resolution.
Read the first time, and on motion of Senator COURSON, with unanimous consent, the Joint Resolution was placed on the Calendar without reference.
On motion of Senator COURSON, with unanimous consent, S. 1034 was ordered to receive a second and third reading on the next two consecutive legislative days.
The following vote applies to the invitations that were polled from the Committee on Invitations:
AYES
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Total--0
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Department of Natural Resources to attend a reception, at the Ellison Building at the State Fairgrounds on Tuesday, January 29, 2008, from 6:00-8:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Association of Nurse Anesthetists to attend a breakfast, in Room 112 of the Blatt Building on Wednesday, January 30, 2008, from 8:00-9:30 A.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Baptist Convention to attend a luncheon, on the State House grounds on Wednesday, January 30, 2008, from 12:00-2:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Clarion Townhouse to attend an oyster roast, at the Clarion on Wednesday, January 30, 2008, from 6:00-8:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Palmetto Affordable Housing Forum to attend a reception, at the Columbia Metropolitan Convention Center on Wednesday, January 30, 2008, from 8:00-10:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Association of Christian Schools to attend a breakfast, at the Columbia Metropolitan Convention Center on Thursday, January 31, 2008, from 7:45-8:45 A.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Probate Judges to attend a reception, at the Clarion on Tuesday, February 5, 2008, from 6:00-8:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from One Voice One Plan - Critical Needs Nursing Initiative to attend a breakfast, in Room 112 of the Blatt Building on Wednesday, February 6, 2008, from 8:00-10:00 A.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Association of Nonprofits to attend a luncheon, at the Hilton-Columbia Center on Wednesday, February 6, 2008, from 12:30-2:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Carolinas AGC to attend a reception, at the Koger Center on Wednesday, February 6, 2008, from 6:00-8:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Hydrogen and Fuel Cell Alliance to attend a breakfast, in Room 112 of the Blatt Building on Thursday, February 7, 2008, from 8:00-10:00 A.M.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
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.
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.
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.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
S. 949 (Word version) -- Senators Lourie, Elliott, Thomas, Malloy, Cleary and Alexander: A BILL TO REDESIGNATE SECTION 38-71-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTISM INSURANCE COVERAGE, AS SECTION 38-71-765.
Senator THOMAS spoke on the Bill.
S. 858 (Word version) -- Senators McConnell, Rankin, O'Dell, Elliott and McGill: A BILL TO AMEND SECTION 38-73-1095, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE CREDITS AND DISCOUNTS OR SURCHARGES AND DEBITS CALCULATED ON CERTAIN RATING FACTORS FOR RETROFITTING PROPERTY IN ALL AREAS OF THE STATE IN ADDITION TO PROVIDING CREDITS AND DISCOUNTS OR SURCHARGES AND DEBITS CALCULATED ON CERTAIN RATING FACTORS FOR RETROFITTING PROPERTY IN THE COASTAL AREA OR SEACOAST AREA.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (AGM\19020MM08), which was adopted:
Amend the bill, as and if amended, Section 38-73-1095(C) as found in SECTION 1, by deleting Section 38-73-1095(C) in its entirety and inserting:
/ "(C) Rating plans for essential property insurance in the coastal area or in the seacoast area, shall include discounts and credits or surcharges and debits calculated upon the following rating factors:
(1) use of storm shutters;
(2) use of roof tie downs;
(3) construction standards;
(4) building codes;
(5) distance from water;
(6) elevation;
(7) flood insurance;
(8) policy deductibles; and
(9) other applicable factors requested by the insurer or rating organization or selected by order of the director involving the risk or hazard. An order issued pursuant to this section must comply with the requirements of Section 1-23-140.
The department may by regulation define how the implementation of these factors qualify for credits or discounts. The regulation must specify what evidence or proof the policyholder or applicant shall present to obtain the credit or discount. This section applies to policies issued or renewed in the coastal area or in the seacoast area after December 31, 2007, and this section applies to policies issued and renewed in all other areas of the State after October 31, 2008." /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS 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. 863 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A DISHONORED CHECK, SO AS TO PROVIDE THAT A CHARGE THAT IS DISMISSED FOR WANT OF PROSECUTION OR BY REASON OF PAYMENT OF RESTITUTION AND COSTS IS NOT A CHARGE THAT EVIDENCES AN ACT OF MORAL TURPITUDE FOR PURPOSES OF AN OFFICIAL BACKGROUND CERTIFICATION; AND TO REPEAL SECTION 34-11-100 RELATING TO THE EFFECT OF PAYMENT AFTER INSTITUTION OF PROSECUTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (AGM\19021MM08), which was adopted:
Amend the bill, as and if amended, Section 34-11-100 as found in SECTION 2, by deleting SECTION 2 in its entirety and inserting:
/ SECTION 2. Section 34-11-100 of the 1976 Code is amended to read:
"Section 34-11-100. After Except as otherwise provided in Section 34-11-70, after prosecution is initiated as provided in this chapter, the payment of a dishonored check, draft, or order shall does not constitute a defense or grounds for dismissal of charges brought under pursuant to this chapter, but such the payment may be considered in mitigation of the sentence by the trial judge or magistrate." /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS 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. 964 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF THE USE OF THE WORD "BANK" IN CONNECTION WITH A PURSUIT OTHER THAN BANKING, SO AS TO PROHIBIT THE USE OF A BANKING ENTITY'S LOGO OR NAME IN CONNECTION WITH A FINANCIAL TRANSACTION WITHOUT ITS WRITTEN CONSENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (AGM\19022MM08), which was adopted:
Amend the bill, as and if amended, Section 34-3-10(B)(2) as found in SECTION 1, page 2, by adding at the end of line 15 after / logo / the words /, including costs and reasonable attorney's fees /.
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the committee amendment.
The committee amendment was adopted.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over, as amended.
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.
On motion of Senator MALLOY, with unanimous consent, the Bill was carried over.
S. 535 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-6-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELECTION OF MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE ELECTION EVERY FOUR YEARS OF THE COMMISSIONERS ELECTED BY THE GENERAL ASSEMBLY BEGINNING FEBRUARY 1, 2008.
On motion of Senator THOMAS, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 714 (Word version) -- Senators Leatherman, Reese, Alexander, Patterson, Moore, Thomas, Williams, Ford, Hutto, Malloy, Anderson, Martin, Elliott, Land, O'Dell, Cleary, Rankin, Knotts, Scott, Cromer, Matthews, Pinckney, McGill, Hayes, Drummond, Hawkins, Lourie and Jackson: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED REGARDING LOBBYISTS AND LOBBYING, SO AS TO DEFINE A "POLITICAL AWARENESS ORGANIZATION"; BY ADDING SECTION 2-17-27 SO AS TO PROVIDE FOR THE MANNER OF REGISTRATION OF POLITICAL AWARENESS ORGANIZATIONS; BY ADDING SECTION 2-17-37 SO AS TO PROVIDE FOR THE FILING OF A CERTIFIED CONTRIBUTION REPORT BY A POLITICAL AWARENESS ORGANIZATION; AND TO AMEND SECTION 2-17-130, RELATING TO PENALTIES FOR VIOLATIONS BY LOBBYISTS OR LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE A PENALTY FOR A POLITICAL AWARENESS ORGANIZATION WHICH WILFULLY VIOLATES THE PROVISIONS OF CHAPTER 17, TITLE 2, LOBBYISTS AND LOBBYING.
Senator MARTIN moved that the Bill be made a Special Order.
By a division vote of 26-8, the Bill was made a Special Order.
Senator BRYANT desired to be recorded as voting against the motion to make the Bill a Special Order.
S. 728 (Word version) -- Senators Martin and McGill: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR AND CLARIFY PROFESSIONAL FORESTRY STANDARDS AND PRACTICES, TO REVISE PROCEDURES FOR LICENSING OF FORESTRY PROFESSIONALS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
On motion of Senator MARTIN, the Bill was recommitted to the Committee on Fish, Game and Forestry.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 856 (Word version) -- Senators McConnell, Grooms, Ritchie, Bryant, Campsen, O'Dell, Alexander, Elliott, McGill, Ceips and Knotts: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO PROVIDE THAT NO PROVISION OF THE CONSTITUTION SHALL RESTRICT OR LIMIT A STATE FROM ENFORCING FEDERAL LAW WITH REGARD TO IMMIGRATION VIOLATIONS, TO PROVIDE THAT A STATE MAY DECIDE WHAT GOVERNMENT SERVICES FUNDED IN WHOLE OR IN PART BY THE STATE MAY BE PROVIDED TO OR DENIED TO UNDOCUMENTED ALIENS, TO PROVIDE THAT THE STATES SHALL HAVE ANY POWER TO REGULATE IMMIGRATION THAT HAS NOT BEEN SPECIFICALLY PREEMPTED BY CONGRESS, TO PROVIDE THAT EACH STATE HAS THE POWER TO PRESCRIBE STATE CIVIL AND CRIMINAL PENALTIES FOR ILLEGALLY ENTERING THE UNITED STATES, AND TO PROVIDE THAT A STATE HAS THE POWER TO APPREHEND AND EXPEL PERSONS FROM ITS BORDERS WHO ARE IN VIOLATION OF FEDERAL IMMIGRATION LAW, AND THAT THE FEDERAL GOVERNMENT MUST PROVIDE TIMELY ASSISTANCE IN EXPELLING UNDOCUMENTED ALIENS UPON A REQUEST BY A STATE.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0856.003), which was adopted:
Amend the resolution, as and if amended, by striking all after the enacting language and inserting therein the following:
/ Whereas, the problem of illegal immigration in the United States has had a dramatic effect on the safety and security of each state in the United States; and
Whereas, the United States Congress has taken no action to deal with this problem or to alleviate the financial hardships that provision of benefits to undocumented aliens places on states' infrastructures and state taxpayers or upon the commerce of the states, including diminished wages of United States citizens; and
Whereas, states are precluded from addressing this crisis because of the constitutional mandates which provide that immigration is within the sole province of the federal government. Now, therefore,
Be it resolved by the Senate of the State of South Carolina, the House of Representatives concurring:
That effective July 1, 2008, pursuant to Article V of the United States Constitution, the General Assembly of the State of South Carolina makes application to the Congress of the United States to call a convention for the sole and exclusive purpose of proposing the following articles as an amendment to the Constitution of the United States, for submission to the states for ratification:
1. No provision of this Constitution, or any amendment thereto, shall restrict or limit any state from enforcing federal law with regard to immigration violations. In the absence of proof of legal citizenship status, a state may decide what governmental services funded in whole or in part by the state may be provided to or denied from any undocumented alien located within the state's respective jurisdiction.
2. In implementing the provisions of this article, each state shall have the authority to prescribe civil and criminal penalties for violations occurring within its jurisdiction that are in addition to but not in contravention of any federal immigration laws relating to illegally entering the United States, unless specifically preempted by federal law.
3. A state shall also have the power to apprehend and expel persons who are within the state's jurisdiction in violation of federal immigration law. The federal government must provide timely assistance to the state in expelling undocumented aliens upon request by a state.
4. Only a person born to a citizen of the United States, or naturalized in the United States, or born to a parent who is legally present in the United States, and subject to the jurisdiction thereof, is a citizen of the United States and of the state wherein he resides.
Be it further resolved, that this article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission.
Be it further resolved, that if the Congress shall have proposed an amendment to the Constitution identical with that contained in this memorial prior to January 1, 2010, this application for a convention shall be null and void, rescinded, and no longer be of any force or effect.
Be it further resolved, that this application and request be deemed void ab initio, rescinded, and no longer of any force or effect in the event that any one or more of the applications from other states constituting a sufficient number of applications for a constitutional convention to convene do not limit the purpose for which the convention is called to the same specific and exclusive purposes enumerated herein.
Be it further resolved, that copies of this memorial must be immediately transmitted by the Clerks of the House of Representatives and the Senate to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States, to each member of the Congress from this State, and to the President Pro Tempore and the Speaker of the House in each state. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
The question then was the adoption of the Concurrent Resolution, as amended.
Senator HUTTO argued contra to the adoption of the Concurrent Resolution.
Senator McCONNELL argued in favor of the adoption of the Concurrent Resolution.
On motion of Senator McCONNELL, debate was interrupted by adjournment.
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Raymond Butters (1916-2008), one of Bishopville's most revered residents. Among his many contributions to the Bishopville community were the renovations and improvements to the Lee County Airport (which was renamed Butters Field in 2006) and the establishment of the South Carolina Quilt Festival at the Opera House. He joined the Army Air Corps in the early 1940's and served as a pilot and trainer for the Air Force. A member of the S.C. Aviation Association, Butters was a member of the S.C. Aviation Hall of Fame. He was a member of the Order of the Daedalians, which is a premier fraternal organization of military pilots. While Mr. Butters was active in all forms of service to his community, State and country, above all else, he was a gentleman who treated people with love and respect. When one thinks of "the Greatest Generation," Ray Butters certainly comes to mind. He will be deeply missed by everyone who was blessed to know him.
At 1:26 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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