Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
In Jeremiah we read:
"... I bought the field at Anathoth from my cousin Hanamel, and weighed out the money to him, seventeen shekels of silver."
(Jeremiah 32:9)
Pray with me, if you will:
It is a challenging world we live in, O Lord. Nonetheless, may these Senators and their staff members-like Jeremiah-maintain optimism even in the face of challenging times! A wildly fluctuating market, the unsettled world scene, questions about the future-all pale in comparison to Your mercy and to Your promised care. May each of these leaders trust confidently in You, dear God, as they strive to do what is just and right for the people of South Carolina.
In Your name, Lord, we humbly pray: Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:13 A.M., Senator MARTIN assumed the Chair.
The following was received and referred to the appropriate committee for consideration:
Document No. 3180
Agency: Department of Insurance
SUBJECT: Actuarial Opinion and Memorandum Regulation
Received by Lieutenant Governor January 31, 2008
Referred to Banking and Insurance Committee
Legislative Review Expiration May 30, 2008
Senator ANDERSON introduced Dr. Robert R. Morgan, Jr. of Greenville, S.C., Doctor of the Day.
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.
On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 1014.
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.
On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 1019.
S. 831 (Word version) -- Senators Campsen, Grooms, Sheheen, Bryant, McConnell, Cleary, Gregory and Hawkins: A BILL TO AMEND SECTION 22-2-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY EXAMINATION FOR MAGISTRATES, SO AS TO EXTEND THE TIME PERIOD FOR THE VALIDITY OF THE EXAMINATION SCORES FROM SIX MONTHS BEFORE AND SIX MONTHS AFTER THE TIME THE APPOINTMENT IS TO BE MADE TO ONE YEAR BEFORE AND ONE YEAR AFTER THE TIME THE APPOINTMENT IS TO BE MADE.
On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 831.
S. 990 (Word version) -- Senators Martin, Ford, Ritchie, Knotts and Cleary: A BILL TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS, SO AS TO REQUIRE THAT WRITTEN STATEMENTS OF PROPOSED TESTIMONY OF ANYONE WISHING TO TESTIFY BEFORE THE JUDICIAL MERIT SELECTION COMMISSION HEARING BE FURNISHED BY THE PERSON WISHING TO TESTIFY NO LESS THAN TWO WEEKS PRIOR TO THE DATE AND TIME SET FOR THE HEARING UNLESS EXIGENT CIRCUMSTANCES ARE SHOWN BY THE SUBMITTING INDIVIDUAL.
On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 990.
S. 1042 (Word version) -- Senators Knotts, Grooms, Hayes, Cromer, Thomas, Ford, Campbell and McGill: A BILL TO AMEND SECTION 8-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS REGARDING PROVISIONS CONCERNING GOVERNMENT VOLUNTEERS, SO AS TO DEFINE "EMERGENCY SUPPORT FUNCTION VOLUNTEER"; TO AMEND SECTION 8-25-20, RELATING TO THE USE OF VOLUNTEERS BY STATE AGENCIES AND DEPARTMENTS, SO AS TO INCLUDE THE CATEGORY OF EMERGENCY SUPPORT FUNCTION VOLUNTEERS IN THE TYPES OF VOLUNTEERS STATE AGENCIES CAN USE; TO AMEND SECTION 8-25-40, RELATING TO BENEFITS PROVIDED TO VOLUNTEERS, INCLUDING MILEAGE REIMBURSEMENT, MEAL ALLOWANCE, AND LIABILITY INSURANCE, SO AS TO AUTHORIZE STATE AGENCIES TO PROVIDE WORKERS' COMPENSATION FOR EMERGENCY SUPPORT FUNCTION VOLUNTEERS AND TO AUTHORIZE EACH AGENCY TO DESIGNATE CIRCUMSTANCES THAT WILL TRIGGER WORKERS' COMPENSATION COVERAGE; TO AMEND SECTION 42-1-130, AS AMENDED, RELATING TO THE DEFINITION OF "EMPLOYEE" IN THE WORKERS' COMPENSATION LAW, SO AS TO ALSO INCLUDE EMERGENCY SUPPORT FUNCTION VOLUNTEERS IN THE DEFINITION OF THIS TERM; TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO INCLUDE A CATEGORY FOR EMERGENCY SUPPORT FUNCTION VOLUNTEERS AND TO DESIGNATE THEIR AVERAGE WEEKLY WAGE AS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FROM THE PRECEDING YEAR; AND TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL STATE AGENCIES PAY WORKERS' COMPENSATION PREMIUMS, SO AS TO PROVIDE PROCEDURES FOR CALCULATION OF PREMIUMS FOR AGENCIES THAT UTILIZE EMERGENCY SUPPORT FUNCTION VOLUNTEERS.
On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 1042.
S. 588 (Word version) -- Senators McConnell, Lourie, Rankin, Land, Ritchie and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.
On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 588.
S. 1018 (Word version) -- Senators Martin, Setzler, Ceips, Hawkins and Land: 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 O'DELL, with unanimous consent, the names of Senators O'DELL and KNOTTS were added as co-sponsors of S. 1018.
The following were introduced:
S. 1053 (Word version) -- Senators McConnell and Ford: 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.
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Read the first time and referred to the Committee on Judiciary.
S. 1054 (Word version) -- Senators McGill and Knotts: A CONCURRENT RESOLUTION TO DESIGNATE FEBRUARY 6, 2008, AS "INTERNATIONAL PAPER DAY" TO HONOR INTERNATIONAL PAPER AND THEIR 2,200 EMPLOYEES AND ELEVEN FACILITIES IN THE STATE OF SOUTH CAROLINA, FOR THEIR PROTECTION OF FORESTLANDS THROUGH CONSERVATION LAND DONATIONS, SALES AND EASEMENTS AND FOR THEIR EXCEPTIONAL COMMITMENT TO IMPROVING THE ENVIRONMENT FOR ALL SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1055 (Word version) -- Senators McConnell, Ford, Martin, Fair, Hayes and Setzler: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF BAIL, SO AS TO AUTHORIZE THE DENIAL OF BAIL TO A PERSON WHO IS RELEASED ON BAIL PENDING TRIAL AND WHOSE BAIL IS REVOKED OR FORFEITED FOR VIOLATING A CONDITION OF RELEASE.
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Senator McCONNELL spoke on the Resolution.
Read the first time and referred to the Committee on Judiciary.
S. 1056 (Word version) -- Senators McConnell and Ford: 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 SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-710, RELATING TO THE GUIDELINES, ELIGIBILITY CRITERIA, AND IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED WITHIN CERTAIN PROGRAMS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-13-1330, RELATING TO A COURT INMATE'S AGREEMENT TO TERMS AND CONDITIONS, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; TO AMEND SECTION 24-21-410, RELATING TO THE COURT BEING AUTHORIZED TO SUSPEND IMPOSITION OF SENTENCE FOR PROBATION AFTER CONVICTION, SO AS TO PROVIDE THAT BEFORE A DEFENDANT MAY BE PLACED ON PROBATION, THE DEFENDANT MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-430, RELATING TO THE CONDITIONS OF PROBATION, SO AS TO PROVIDE THAT THE CONDITIONS IMPOSED MUST INCLUDE THE REQUIREMENT THAT THE PROBATIONER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO PROVIDE THAT THE CONDITIONS OF PARTICIPATION MUST INCLUDE THE REQUIREMENT THAT THE OFFENDER MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT BASED ON REASONABLE SUSPICIONS; TO AMEND SECTION 24-21-640, RELATING TO THE CIRCUMSTANCES WARRANTING PAROLE, SO AS TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON PAROLE, THE INMATE MUST AGREE TO SEARCH AND SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE; AND TO AMEND SECTION 24-21-645, RELATING TO THE ORDER AUTHORIZING PAROLE, SO AS TO PROVIDE THAT THE CONDITIONS OF PAROLE MUST INCLUDE THE REQUIREMENT THAT THE PAROLEE MUST PERMIT SEARCH OR SEIZURE WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT CAUSE.
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Read the first time and referred to the Committee on Judiciary.
S. 1057 (Word version) -- Senators Knotts, McConnell, Scott, Elliott and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2700 SO AS TO DEFINE, SPECIFICALLY AND WITH EXAMPLES AND EXCLUSIONS, "A BONA FIDE SOUTH CAROLINA OPERATED REDEMPTION MACHINE", TO PROVIDE FOR CRIMINAL PENALTIES FOR REWARDING PLAYERS WITH ITEMS OTHER THAN FREE REPLAYS OR NONCASH MERCHANDISE; TO AMEND SECTIONS 12-21-2720, AS AMENDED, 12-21-2722, 12-21-2728, 12-21-2738, AND 12-21-2748, ALL RELATING TO THE LICENSING, OWNERSHIP, AND OPERATION OF COIN-OPERATED AMUSEMENT MACHINES, ALL SO AS TO PROVIDE FOR THE LICENSING OF THE LOCATION, OWNER-OPERATOR, AND MACHINE ITSELF IN CONNECTION WITH A BONA FIDE SOUTH CAROLINA OPERATED REDEMPTION MACHINE; AND TO REPEAL SECTION 12-21-2730, RELATING TO THE BILLIARD, FOOSBALL, SKEEBALL, OR BOWLING LANE TABLES.
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Read the first time and referred to the Committee on Judiciary.
S. 1058 (Word version) -- Senators Hayes, Courson and Lourie: A BILL TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA CHILDREN'S TRUST FUND, SO AS TO ELIMINATE DUPLICATIVE DUTIES OF THE ORGANIZATION AND REVISE ITS GOVERNANCE BY RECONSTITUTING THE BOARD OF TRUSTEES AS A BOARD OF DIRECTORS CONSISTING OF SEVENTEEN MEMBERS, INCLUDING ELEVEN AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR FROM NOMINEES MADE BY THE CURRENT BOARD MEMBERS PLUS ONE MEMBER FROM EACH OF THE STATE'S CONGRESSIONAL DISTRICTS, AND TO DELETE VARIOUS QUALIFICATIONS FOR SERVICE ON THE BOARD OF DIRECTORS AND TERM LIMITS ON SERVICE.
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Read the first time and referred to the Committee on Judiciary.
S. 1059 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-79-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO MAKE TECHNICAL LANGUAGE AND REFERENCE CHANGES; AND TO AMEND SECTION 44-79-60, RELATING TO PERMISSIBLE CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO PROVIDE FOR AUTOMATIC RENEWAL OPTIONS FOR PHYSICAL FITNESS SERVICES CONTRACTS ON CONDITION THAT THE AUTOMATIC RENEWAL BE FOR NO MORE THAN ONE MONTH, THE AUTOMATIC RENEWAL PROVISION BE DISCLOSED IN BOLD TYPE OF AT LEAST TEN-POINT FONT ON THE FRONT PAGE OF THE INITIAL CONTRACT, AND THE CUSTOMER BE GIVEN THE ABILITY TO OPT OUT OF THE AUTOMATIC RENEWAL PROVISION AT THE TIME THE INITIAL CONTRACT IS EXECUTED, TO PROVIDE THAT THE PRICE OF AN AUTOMATICALLY RENEWED CONTRACT MAY NOT CHANGE WITHOUT WRITTEN NOTICE TO THE CUSTOMER AT LEAST THIRTY BUT NO MORE THAN SIXTY DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE IN PRICE, AND TO PROVIDE CANCELLATION OF A CONTRACT VOIDS AUTOMATIC RENEWAL PROVISIONS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1060 (Word version) -- Senator Ceips: A SENATE RESOLUTION HONORING THE YOUNG MARINES, THE OFFICIAL YOUTH PROGRAM OF THE UNITED STATES MARINE CORPS.
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The Senate Resolution was adopted.
S. 1061 (Word version) -- Senators Williams, Scott, Malloy, Ford, Land, Elliott, Ceips, Grooms, Cromer, Hutto, McGill, Campbell, Anderson, Matthews, Bryant and Drummond: A BILL TO AMEND SECTION 50-11-1260 OF THE 1976 CODE, RELATING TO THE CONTINUED RELEASE OF PEN-RAISED MALLARDS AND TURKEYS PURSUANT TO A LICENSE IN EFFECT AS OF DECEMBER 31, 2005, TO PROVIDE THAT THE LICENSE MAY BE TRANSFERRED BY THE LICENSEE AT HIS DISCRETION BY SALE, WILL, INTESTACY, OR ANY OTHER LEGAL MEANS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4608 (Word version) -- Reps. Bales, Ballentine, Brady, Cotty, Harrison, Hart, Howard, J. H. Neal, Rutherford, Scott, J. E. Smith, Agnew, Alexander, Allen, Anderson, Anthony, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, 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. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 DESIGNATE FEBRUARY 6, 2008, AS INTERNATIONAL PAPER DAY TO HONOR INTERNATIONAL PAPER AND ITS TWO THOUSAND TWO HUNDRED EMPLOYEES AND ELEVEN FACILITIES IN THE STATE OF SOUTH CAROLINA FOR THEIR PROTECTION OF FORESTLANDS THROUGH CONSERVATION LAND DONATIONS, SALES, AND EASEMENTS, AND FOR THEIR EXCEPTIONAL COMMITMENT TO IMPROVING THE ENVIRONMENT FOR ALL SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 872 (Word version) -- Senators Knotts, Elliott, Leventis, McGill, Courson, Setzler and Hayes: 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.
Returned with concurrence.
Received as information.
S. 1036 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION CONGRATULATING THE CONGREGATION OF SOUTH AIKEN CHURCH OF GOD ON THEIR LONG HISTORY OF SERVICE TO THE AIKEN COMMUNITY AND THE DEDICATION OF THEIR NEW SANCTUARY.
Returned with concurrence.
Received as information.
S. 1037 (Word version) -- Senators Knotts, Leatherman, Cleary, Patterson, Ceips, Alexander, Thomas, Scott, McGill, Matthews, Short, Verdin and Campbell: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 16, 2008, AS "SUNSHINE SUNDAY" AND MARCH 16-22, 2008, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES COMMEMORATING OUR OPEN AND DEMOCRATIC GOVERNMENT.
Returned with concurrence.
Received as information.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on January 31, 2008, at 11:30 A.M. and the following Acts were ratified:
(R178, S. 94 (Word version)) -- Senators Campsen, Knotts and Fair: AN ACT TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR, REASONABLE, AND WRITTEN DISCLOSURE BY THE OTHER SPOUSE.
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(R179, S. 282 (Word version)) -- Senators Leatherman and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3005 SO AS TO AUTHORIZE CERTAIN PROJECT DELIVERY METHODS FOR STATE PROCUREMENTS RELATING TO INFRASTRUCTURE FACILITIES; BY ADDING SECTION 11-35-3015 SO AS TO SPECIFY THE SOURCE SELECTION METHODS FOR THE TYPES OF AUTHORIZED PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3021 SO AS TO PROVIDE FOR SUBCONTRACTOR SUBSTITUTION; BY ADDING SECTION 11-35-3023 SO AS TO PROVIDE FOR PREQUALIFICATION ON STATE CONSTRUCTION; BY ADDING SECTION 11-35-3024 SO AS TO PROVIDE FOR CONTENTS OF A REQUEST FOR PROPOSALS AND EVALUATION FACTORS APPLICABLE TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3035 SO AS TO PROVIDE FOR THE REQUIREMENT OF ERRORS AND OMISSIONS INSURANCE TO COVER CERTAIN SERVICES DELIVERED PURSUANT TO CERTAIN PROJECT DELIVERY METHODS; BY ADDING SECTION 11-35-3037 SO AS TO PROVIDE FOR OTHER FORMS OF SECURITY TO ENSURE PERFORMANCE; BY ADDING SECTION 11-35-3070 SO AS TO ALLOW THE GOVERNING BODY TO APPROVE NONMATERIAL CHANGE ORDERS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REDEFINE "CONSTRUCTION"; TO AMEND SECTION 11-35-1510, AS AMENDED, RELATING TO METHODS OF SOURCE SELECTION, SO AS TO PROVIDE FOR SELECTION METHODS IN CONNECTION WITH PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-1530, AS AMENDED, RELATING TO COMPETITIVE SEALED PROPOSALS, SO AS TO REQUIRE COMPETITIVE SEALED PROPOSALS FOR CONTRACTS FOR CERTAIN PROJECT DELIVERY METHODS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 11-35-2410, AS AMENDED, RELATING TO FINALITY OF DETERMINATIONS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, SO AS TO INCLUDE REFERENCES TO CHOICE OF DELIVERY METHOD AND PREQUALIFICATION ON STATE CONSTRUCTION; TO AMEND SECTION 11-35-2910, AS AMENDED, RELATING TO CERTAIN SERVICES, SO AS TO INCLUDE DEFINITIONS PERTAINING TO THE VARIOUS AUTHORIZED PROJECT DELIVERY METHODS INCLUDING "DESIGN REQUIREMENTS", "INDEPENDENT PEER REVIEWER SERVICE", AND "INFRASTRUCTURE FACILITY"; TO AMEND SECTION 11-35-3010, AS AMENDED, RELATING TO ADMINISTRATION OF CONSTRUCTION CONTRACTING, SO AS TO SUBSTITUTE PROJECT DELIVERY METHOD FOR THE PROCESS AND "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO DELETE SOURCE SELECTION LANGUAGE, TO INCORPORATE NEW PROVISIONS ADDED IN EARLIER SECTIONS AND TO DELETE LANGUAGE DUPLICATIVE OF NEW PROVISIONS ADDED; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO BOND AND SECURITY SO AS TO PROVIDE THAT THE CONTRACT PRICE FOR PURPOSES OF A PAYMENT BOND OR PERFORMANCE BOND DOES NOT INCLUDE THE COST OF OPERATION, MAINTENANCE, AND FINANCE, AND TO ALLOW FOR NO SURETY DURING PRECONSTRUCTION OR DESIGN PHASES; TO AMEND SECTION 11-35-3210, AS AMENDED, RELATING TO APPLICABILITY AND POLICY IN CONNECTION WITH CERTAIN SERVICES, SO AS TO DELETE THE PROVISIONS REFERRING TO APPLICABILITY TO THOSE SERVICES; TO AMEND SECTION 11-35-3220, AS AMENDED, RELATING TO PROCUREMENT PROCEDURES, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3230, AS AMENDED, RELATING TO SMALL ARCHITECT-ENGINEERING AND LAND SURVEYING CONTRACTS, SO AS TO SUBSTITUTE "GOVERNMENTAL BODY" FOR "USING AGENCY"; TO AMEND SECTION 11-35-3245, AS AMENDED, RELATING TO PERFORMING OTHER WORK, SO AS TO LIMIT ITS APPLICATION TO PROCUREMENTS FOR CONSTRUCTION USING THE DESIGN-BID-BUILD PROJECT DELIVERY METHODS; TO AMEND SECTION 11-35-3310, AS AMENDED, RELATING TO INDEFINITE DELIVERY CONSTRUCTION CONTRACTS, SO AS TO ADD A CROSS REFERENCE; AND TO REPEAL SECTION 11-35-1825 RELATING TO PREQUALIFICATION OF CONSTRUCTION BIDDERS.
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(R180, S. 639 (Word version)) -- Senator Leventis: AN ACT TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE TWO PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT WITH CERTAIN EXCEPTIONS; TO PROVIDE THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR A TRANSITION TEAM, THE MANNER OF ITS APPOINTMENT, AND ITS DUTIES AND FUNCTIONS, AND TO PROVIDE FOR OTHER RELATED MATERS IN REGARD TO THE CONSOLIDATION OF THE TWO DISTRICTS.
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(R181, S. 793 (Word version)) -- Senators Cleary and Elliott: AN ACT TO PROVIDE THAT THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY MAY MEET IN LOCATIONS OTHER THAN CONWAY AND TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF EVERY DESCRIPTION VESTED IN COASTAL CAROLINA UNIVERSITY LOCATED IN HORRY COUNTY SHALL BE VESTED IN "COASTAL CAROLINA UNIVERSITY".
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(R182, S. 826 (Word version)) -- Senators Moore, Setzler and Ryberg: AN ACT TO AMEND ACT 503 OF 1982, AS AMENDED, SO AS TO CONFORM THE PETITION FILING DEADLINE FOR SCHOOL BOARD CANDIDATES FOR THE AIKEN COUNTY BOARD OF EDUCATION WITH THE UNIFORM STATEWIDE FILING DEADLINE FOR PETITION CANDIDATES PROVIDED FOR IN SECTION 7-13-351 AND TO CONFORM THE STATEMENT OF CANDIDACY FILING DEADLINE WITH THE UNIFORM STATEWIDE FILING DEADLINE SET FORTH IN SECTION 7-13-352.
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(R183, S. 999 (Word version)) -- Senators McGill and Land: AN ACT TO AMEND SECTION 50-11-335, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO PROVIDE THAT IN GAME ZONE 5 THERE IS NO DAILY OR SEASON LIMIT ON ANTLERED DEER.
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(R184, H. 3131 (Word version)) -- Reps. Harrell and Umphlett: AN ACT TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO CERTAIN CURRENT AND RETIRED ELECTED OFFICIALS, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO FORMER MEMBERS OF THE SOUTH CAROLINA DELEGATION OF THE UNITED STATES CONGRESS, AND CERTAIN RETIRED JUDICIAL OFFICERS, AND TO MAKE TECHNICAL CHANGES.
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(R185, H. 3379 (Word version)) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: AN ACT 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 FOR PURPOSES OF MEETING THE HIGH SCHOOL RANK CRITERIA FOR THESE SCHOLARSHIPS, THE EXISTING HIGH SCHOOL RANK OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED IF IT IS CALCULATED PURSUANT TO A STATE-APPROVED STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.
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(R186, 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: AN ACT 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 EDUCATION 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 FOUR POINTS OR LESS, 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 EDUCATION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
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(R187, H. 4315 (Word version)) -- Reps. R. Brown and Hodges: AN ACT 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.
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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. 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.
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.
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.
By prior motion of Senator COURSON, with unanimous consent
At 11:25 A.M., the PRESIDENT assumed the Chair.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 831 (Word version) -- Senators Campsen, Grooms, Sheheen, Bryant, McConnell, Cleary, Gregory, Hawkins and Malloy: A BILL TO AMEND SECTION 22-2-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY EXAMINATION FOR MAGISTRATES, SO AS TO EXTEND THE TIME PERIOD FOR THE VALIDITY OF THE EXAMINATION SCORES FROM SIX MONTHS BEFORE AND SIX MONTHS AFTER THE TIME THE APPOINTMENT IS TO BE MADE TO ONE YEAR BEFORE AND ONE YEAR AFTER THE TIME THE APPOINTMENT IS TO BE MADE.
S. 1050 (Word version) -- Senators Verdin and Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
On motion of Senator RYBERG, with unanimous consent, S. 1050 was ordered to receive a third reading on Friday, February 1, 2007.
S. 1022 (Word version) -- Senators Peeler, Setzler and Campbell: 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.
S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.
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 (JUD0503.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 36 and 37, in Section 22-5-190(A), as contained in SECTION 1, and inserting therein the following:
/ enforcement officer from the issuing jurisdiction while accompanied by a law enforcement officer in the jurisdiction where the/
Amend the bill further, as and if amended, page 2, by striking lines 1 through 3, in Section 22-5-190(B), as contained in SECTION 1, and inserting therein the following:
/ (B) Whenever When a warrant is issued by a mayor, recorder, judge, or other proper judicial officer of any municipality requiring entitled by law to issue a warrant for a municipality and that warrant requires the arrest of any a person charged with a violation of a /
Amend the bill further, as and if amended, page 2, by striking lines 14 through 26, in Section 22-5-190(C), as contained in SECTION 1, and inserting therein the following:
/ When a warrant is issued by an intendant, mayor, recorder, judge, or other proper judicial officer of any municipality of this State, requiring entitled by law to issue a warrant for a municipality, and that warrant requires the arrest of anyone a person charged with the violation of a municipal ordinance, or of a state statute within the trial jurisdiction of the municipal authorities, and the person sought to be arrested cannot be found within the municipal limits but is within the State, the officer issuing the warrant may send it to the magistrate having jurisdiction over the area in which the person may be found, which magistrate may endorse the warrant, which shall then be executed by the magistrates' constable or the sheriff of the county of the endorsing magistrate the warrant is not required to be endorsed by a magistrate in the county where the person resides or another county where he may be located. The endorsement shall /
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. 990 (Word version) -- Senators Martin, Ford, Ritchie, Knotts, Cleary and Malloy: A BILL TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS, SO AS TO REQUIRE THAT WRITTEN STATEMENTS OF PROPOSED TESTIMONY OF ANYONE WISHING TO TESTIFY BEFORE THE JUDICIAL MERIT SELECTION COMMISSION HEARING BE FURNISHED BY THE PERSON WISHING TO TESTIFY NO LESS THAN TWO WEEKS PRIOR TO THE DATE AND TIME SET FOR THE HEARING UNLESS EXIGENT CIRCUMSTANCES ARE SHOWN BY THE SUBMITTING INDIVIDUAL.
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 (JUD0990.001), which was adopted:
Amend the bill, as and if amended, page 1, SECTION 1, by striking lines 34-35 and inserting the following:
/ for the hearing unless sufficient cause is determined by the Judicial Merit Selection Commission for allowing the submitting individual's testimony after the deadline. The statements must be furnished no later /
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. 381 (Word version) -- Senator Grooms: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT SHALL RECEIVE ANNUAL WRITTEN AUTHORIZATION FROM A MUNICIPALITY BEFORE THE DISTRICT MAY PARK MORE THAN TWENTY-FIVE BUSES ON A PROPERTY THAT THE DISTRICT OWNS OR LEASES WITHIN THAT MUNICIPALITY.
Senator GROOMS asked unanimous consent to commit the Bill to the Charleston County Delegation.
There was no objection.
The Bill was committed to the Charleston County Delegation.
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 LOURIE, with unanimous consent, the Bill was carried over.
H. 4447 (Word version) -- Rep. Cato: A BILL TO AMEND ACT 170 OF 2007, RELATING TO THE CREATION OF A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, SO AS TO EXTEND FROM FEBRUARY 1, 2008, TO NOVEMBER 1, 2008, THE DATE BY WHICH THE COMMITTEE IS REQUIRED TO MAKE ITS REPORT TO THE GENERAL ASSEMBLY.
On motion of Senator HUTTO, the Bill was carried over.
S. 903 (Word version) -- Senators Campsen, McConnell and McGill: A BILL TO AMEND SECTION 1-15-10 OF THE 1976 CODE, RELATING TO APPOINTING THE MEMBERS OF THE COMMISSION ON WOMEN, TO PROVIDE THAT THE COMMISSION IS COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH ONE MEMBER APPOINTED FROM EACH CONGRESSIONAL DISTRICT AND NINE MEMBERS FROM THE STATE AT LARGE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Committee on Judiciary proposed the following amendment (JUD0903.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 25-42 and inserting:
/ "Section 1-15-10. There is hereby created a Commission on Women (the commission) to be composed of seven fifteen members appointed by the Governor with the advice and consent of the Senate from among persons with a competency in the area of public affairs and women's activities. One member must be appointed from each congressional district and the remaining members from the State at large. The commission shall be under and a part of the Office of the Governor. Members of the commission shall serve for terms of four years and until their successors are appointed and qualify, except of those members first appointed after April 9, 1970, one member shall serve for a term of one year, two members shall serve a term of one year, two members shall serve a term of two years, two members shall serve for a term of three years and two members shall serve for a term of four years the expansion of the commission to fifteen members, two members shall serve a term of one year, two members shall serve a term of two years, two members shall serve a term of three years, and two members shall serve a term of four years. Members appointed prior to and after the expansion of the commission to fifteen members shall be designated by the Governor as being appointed to serve either from a particular congressional district or at large. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. No member shall be eligible to serve more than two consecutive terms." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
On motion of Senator RYBERG, with unanimous consent, the Bill was carried over, as amended.
H. 4514 (Word version) -- Reps. Shoopman, Loftis, G.R. Smith, Cato, Bedingfield, Haskins, Hamilton, Rice, Allen, F.N. Smith, Taylor, Bannister and Leach: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO INCREASE THE BOARD FROM SEVEN TO ELEVEN MEMBERS, TO REVISE THE DISTRICTS FROM WHICH THE MEMBERS MUST BE APPOINTED, TO REVISE THE NOMINATING PROCEDURES, AND TO PROVIDE TRANSITIONAL PROCEDURES; AND TO REPEAL SECTION 1 OF ACT 432 OF 1947 RELATING TO THE LEGISLATIVE FINDINGS CONCERNING THE NEED FOR GREENVILLE COUNTY TO TAKE OVER THE HOSPITAL OPERATED BY THE CITY OF GREENVILLE IN ORDER TO SERVE ALL THE RESIDENTS OF GREENVILLE COUNTY AND TO PROVIDE FOR THE ASSURANCES NECESSARY TO EFFECT THIS PLAN.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator FAIR proposed the following amendment (NBD\11996AC08), which was adopted:
Amend the bill, as and if amended, by deleting subsection (B)(3)(a) beginning on page 4, line 42 through page 5, line 28 and inserting:
/ (3)(a) The board of trustees shall publicize vacancies, and recommendations may be made to the board from any individual, organization, or group. The board shall submit at least two nominees for each vacancy to the Greenville County Legislative Delegation, except as provided for in subsection (B)(3)(b). The board shall provide the legislative delegation with biographical information on the nominees and must be available to discuss the recommendations and shall make the nominees available, if requested by the legislative delegation, to meet with the delegation. The legislative delegation with a quorum present and by majority-weighted vote shall select one nominee from the nominees submitted for each vacancy. However, if after the board has submitted its initial nominees, the delegation requests additional nominees, the board has one hundred twenty days to submit the additional nominees. If the board does not submit additional nominees within one hundred twenty days of the request, the legislative delegation has sixty days to appoint qualified members to fill the vacancy without considering nominations from the board. An individual selected by the delegation to fill the seat of an at-large member who is a resident of the City of Greenville must be submitted by the legislative delegation to the City Council of the City of Greenville for concurrence, and the city council shall act timely on the request for concurrence. If the city council does not concur in the appointment, the board must submit two nominees to the legislative delegation to fill the seat and the legislative delegation shall select from the nominees another individual and submit that nominee to the City of Greenville for concurrence. All recommendations, nominations, and appointments to the board shall take into account race, gender, expertise, and other qualifications as may be pertinent to service on the board so that such members are mindful, to the greatest extent possible, of the needs of all segments of the population of Greenville County and those served by the Greenville Hospital System. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator FAIR proposed the following amendment (NBD\11995AC08), which was adopted:
Amend the bill, as and if amended, by deleting subsection (B)(1) beginning on page 3, line 40 through page 4, line 24 and inserting:
/(B)(1) The board of trustees shall consist of twelve members to be appointed by the Greenville County Legislative Delegation pursuant to this section. All members must be qualified electors. Members filling house district residency seats, as provided for in this subsection, shall, at the time of their appointment and throughout their term of office, reside in a house district, which constitutes part of the specific house district residency seat. Six of the twelve members must be considered as filling house district residency seats, with one seat being filled by a person residing in House District 17 or 18, one residing in House District 19 or 26, one residing in House District 20 or 21, one residing in House District 22 or 24, one residing in House District 23 or 25, and one residing in House District 16, 27, or 28. Six of the twelve members must be at large, at least four of whom must reside in Greenville County, and two of whom may reside within or without Greenville County. Two of the members serving at large and residing in Greenville County must reside in the City of Greenville, but no more than three of the twelve members may reside in the city limits of a single municipality; provided, however, that four members may reside in the city limits of a single municipality during the period ending October 1, 2011, in which the members specified in subsection (D) shall continue to serve. Appointment of at-large members who are residents of the City of Greenville must be submitted for review by the City of Greenville as provided in subsection (B)(3)(a). Members shall represent all communities served by the Greenville Hospital System regardless of residency and shall make decisions in the best interests of the Greenville Hospital System as a whole and all those it serves. /
Amend the bill, further by deleting subsection (E)(1) on page 6, lines 15-36 and inserting:
/ (E)(1) In addition to the members provided for in subsection (D), these new members must be appointed in 2008:
(a) new members whose terms expire October 1, 2013:
(i) the member residing in House District 17 or 18;
(ii) the member residing in House District 19 or 26;
(iii) the member residing in House District 23 or 25; and
(iv) the member residing in House District 16, 27, or 28;
(b) one new at-large member whose term expires October 1, 2011;
(c) two new at-large members whose terms expire October 1, 2009.
(2) On the expiration of the members' terms appointed pursuant to item (a) or (b) of subsection (E)(1), new members must be appointed in accordance with this section for one six-year term to fill the vacancies created by the expiration of these terms.
(3) Of the members appointed pursuant to subsection (E)(1), only the two members appointed pursuant to item (c) of subsection (E)(1) may be reappointed to serve one six-year term. If the board wishes to reappoint the member appointed pursuant to item (c) of subsection (E)(1), the board may elect to nominate only that one person to fill the vacancy in that at-large seat for one six-year term." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
On motion of Senator THOMAS, with unanimous consent, the Bill was carried over, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.
On motion of Senator ALEXANDER, with unanimous consent, the deadline for the Committee of Finance to report its findings to the Senate was extended from Wednesday, February 6, 2008, to Wednesday, February 20, 2008.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
The House returned the Bill with amendments.
On motion of Senator HUTTO, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. P-1 (715.VAS) proposed by Senator SHEHEEN and previously printed in the Journal of January 30, 2008.
On motion of Senator SHEHEEN, with unanimous consent, Amendment No. P-1 was withdrawn.
On motion of Senator SHEHEEN, with unanimous consent, Amendment P-3 was taken up for immediate consideration.
Senator SHEHEEN proposed the following Amendment P-3 (714R003.VAS), which was adopted:
Amend the committee amendment, as and if amended, on page [714-1] by striking lines 31-40 and inserting:
/ "Section 2-17-16. A political action committee organized by or on behalf of the Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor is prohibited. Any political action committee prohibited by this section in existence on the effective date of this act must distribute all unexpended contributions in the manner provided for in Section 8-13-1370(C)." /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
The Judiciary Committee proposed the following amendment (JUD0714.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 2-17-16. The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor, or any other elected statewide public official may not organize, serve as a spokesperson for, or solicit funds for a non-profit organization, including, but not limited to, 501(c)(4)'s and 527's, in which the majority of its activities consist of attempting to influence legislation. This does not prohibit any official from supporting any nonprofit organization with his own personal funds."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
On motion of Senator SHEHEEN, the Bill was carried over in the status of Interrupted Debate.
On motion of Senator CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Margaret Rodgers Thompson of Daniel Island, S.C., formerly of Hanahan, S.C., widow of Mr. O. L. Thompson, Jr. Mrs. Thompson was a member of the Hanahan Senior Citizens and its Treasurer for 30 years. She was a loving mother of 5 daughters, grandmother to 14, great-grandmother to 17 and one great-great-grandchild.
At 11:57 A.M., on motion of Senator McCONNELL, 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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