Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:50 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:
We recall how Moses admonished his people, reminding them of God's blessings:
"You shall eat your fill and bless the Lord your God for the good land that he has given you." (Deuteronomy 8:10)
Bow in prayer with me, please:
Indeed, O God, how rich and wonderful are the blessings we enjoy in this State. From the mountains of the upcountry, through the swamps of the Salkehatchie, down to the shimmering coastal beaches, South Carolina is indeed a "good land." May we never take our natural resources for granted, and may we all do what we can to preserve and protect the beauty and wonder and glory that surround us. Continue to be present with all of our troops who happen to be far away from the treasures of this State; keep these women and men safe and strong. And strengthen all who serve here in this Senate, Lord. It is in Your name that we pray.
Amen.
At 11:55 A.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The PRESIDENT announced that nominations were in order to elect a successor to a position of Associate Justice of the Supreme Court, Seat #3.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John C. Few, the Honorable Kaye G. Hearn and the Honorable John W. Kittredge had been screened and found qualified to serve.
On motion of Representative Delleney, with unanimous consent, the names of the Honorable John C. Few and the Honorable Kaye G. Hearn were withdrawn from consideration.
Representative Delleney placed the name of the Honorable John W. Kittredge in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John W. Kittredge was elected to the position of Associate Justice of the Supreme Court, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Court of Appeals, Seat #6.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John D. Geathers, the Honorable J. Mark Hayes II and the Honorable Aphrodite Konduros had been screened and found qualified to serve.
On motion of Representative Delleney, the names of the Honorable John D. Geathers and the Honorable J. Mark Hayes II were withdrawn from consideration.
Representative Delleney placed the name of the Honorable Aphrodite Konduros in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Aphrodite Konduros was elected to the position of Judge, Court of Appeals, Seat #6 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Circuit Court, 9th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Kristi Lea Harrington, the Honorable Jack A. Landis and Mr. William J. Thrower had been screened and found qualified to serve.
On motion of Representative Delleney, the names of Mr. William J. Thrower and the Honorable Jack A. Landis were withdrawn from consideration.
Representative Delleney placed the name of the Honorable Kristi Lea Harrington in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Kristi Lea Harrington was elected Judge, Circuit Court, 9th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Circuit Court, At-Large, Seat #11.
Representative Delleney indicated that the Honorable Alison Renee Lee had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Alison Renee Lee in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Alison Renee Lee was elected to the Circuit Court, At-Large, Seat #11 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Circuit Court, At-Large, Seat #12.
Representative Delleney indicated that the Honorable Thomas A. Russo had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Thomas A. Russo in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Thomas A. Russo was elected to the Circuit Court, At-Large, Seat #12 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Circuit Court, At-large, Seat #13.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Mr. Allen O. Fretwell, Mr. Eugene C. Griffith, Jr. and Mr. Larry B. Hyman, Jr. had been screened and found qualified to serve.
On motion of Representative Delleney, the names of Mr. Allen O. Fretwell and Mr. Eugene C. Griffith, Jr. were withdrawn from consideration.
Representative Delleney placed the name of the Honorable Larry B. Hyman, Jr. in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Larry B. Hyman, Jr. was elected Judge, Circuit Court, At-large, Seat #13 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Family Court, 4th Judicial Circuit, Seat #3.
Representative Delleney indicated that the Honorable James A. Spruill had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable James A. Spruill in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James A. Spruill was elected to the Family Court, 4th Judicial Circuit, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Family Court, 5th Judicial Circuit, Seat #3.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Dana A. Morris and Mr. Jeffrey M. Tzerman had been screened and found qualified to serve.
On motion of Representative Delleney, the name of Mr. Jeffrey M. Tzerman was withdrawn from consideration.
Representative Delleney placed the name of the Honorable Dana A. Morris in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Dana A. Morris was elected Judge, Family Court, 5th Judicial Circuit, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Family Court, 9th Judicial Circuit, Seat #5.
Representative Delleney indicated that the Honorable Jocelyn B. Cate had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Jocelyn B. Cate in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Jocelyn B. Cate was elected to the Family Court, 9th Judicial Circuit, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Family Court, 12th Judicial Circuit, Seat #1.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Mr. Robert H. Corley and Mr. Timothy H. Pogue had been screened and found qualified to serve.
On motion of Representative Delleney, the name of Mr. Robert H. Corley was withdrawn from consideration.
Representative Delleney placed the name of the Honorable Timothy H. Pogue in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Timothy H. Pogue was elected Judge, Family Court, 12th Judicial Circuit, Seat #1 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the Family Court, 13th Judicial Circuit, Seat #5.
Representative Delleney indicated that the Honorable Robert N. Jenkins, Sr. had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable Robert N. Jenkins, Sr. in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert N. Jenkins, Sr. was elected to the Family Court, 13th Judicial Circuit, Seat #5 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Family Court, 14th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Catherine D. Badgett, Ms. Sally G. Calhoun and Mr. Peter L. Fuge had been screened and found qualified to serve.
On motion of Representative Delleney, the names of Ms. Catherine D. Badgett and Ms. Sally G. Calhoun were withdrawn from consideration.
Representative Delleney placed the name of Mr. Peter L. Fuge in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Peter L. Fuge was elected Judge, Family Court, 14th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Family Court, 15th Judicial Circuit, Seat #3.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Melissa Johnson Emery, Ms. Anita R. Floyd and Mr. Ronald R. Norton had been screened and found qualified to serve.
On motion of Representative Delleney, the names of Ms. Anita R. Floyd and Ms. Melissa Johnson Emery were withdrawn from consideration.
Representative Delleney placed the name of Mr. Ronald R. Norton in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Ronald R. Norton was elected Judge, Family Court, 15th Judicial Circuit, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Family Court, 6th Judicial Circuit, Seat #2.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Ms. Betsy White Burton, Ms. Coreen B. Khoury and Mr. W. Thomas Sprott, Jr. had been screened and found qualified to serve.
On motion of Representative Delleney, the name of Ms. Betsy White Burton was withdrawn from consideration.
On motion of Representative Delleney, the name of Mr. W. Thomas Sprott, Jr. was placed in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Khoury:
Alexander Bryant Ceips Cromer Elliott Gregory Hawkins Knotts Malloy Rankin Ritchie Ryberg Scott Sheheen Thomas
The following named Senators voted for Mr. Sprott:
Anderson Campbell Campsen Cleary Courson Drummond Fair Ford Grooms Hayes Hutto Jackson Land Leventis Lourie Martin Massey Matthews McConnell McGill O'Dell Peeler Pinckney Reese Setzler Short Verdin Williams
On motion of Rep. Scott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Khoury:
Ballentine Barfield Bedingfield Bowen Bowers Brown, R. Clemmons Clyburn Cobb-Hunter Cooper Crawford Dantzler Duncan Erickson Frye Funderburk Gambrell Govan Gullick Haley Harrell Hayes Hiott Hosey Howard Jefferson Jennings Leach Littlejohn Lowe Lucas McLeod Miller Moss Mulvaney Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Pitts, E.H. Pitts, M.A. Scott Shoopman Skelton Smith, D.C. Smith, G.R. Spires Thompson Umphlett Viers Walker Weeks Whipper White Williams Young
The following named Representatives voted for Mr. Sprott:
Agnew Alexander Allen Anderson Anthony Bales Bannister Battle Bingham Brady Branham Brantley Breeland Brown, G. Cato Chalk Coleman Cotty Davenport Delleney Edge Hagood Hamilton Harrison Harvin Haskins Herbkersman Huggins Hutson Kelly Kirsh Knight Limehouse Loftis Mack Mahaffey Merrill Mitchell Perry Phillips Pinson Rice Sandifer Scarborough Sellers Simrill Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Stavrinakis Toole Whitmire
Total number of Senators voting 43
Total number of Representatives voting 111
Grand Total 154
Necessary to a choice 78
Of which Ms. Khoury received 73
Of which Mr. Sprott received 81
Whereupon, the PRESIDENT announced that the Honorable W. Thomas Sprott, Jr. was elected Judge, Family Court, 6th Judicial Circuit, Seat #2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Administrative Law Court, Seat #5.
Senator RITCHIE, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Paige J. Gossett had been screened and found qualified to serve.
Senator RITCHIE placed the name of the Honorable Paige J. Gossett in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Paige J. Gossett had been elected to the position of Judge, Administrative Law Court, Seat #5 for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:30 P.M., on motion of Senator RITCHIE, the Senate receded from business until 2:00 P.M.
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, Donate Life South Carolina, with the term to commence April 1, 2008, and to expire April 1, 2012
Midlands - Recipient/Donor/Family:
Mark A. Walker, 217 Markham Road, Columbia, SC 29229
Referred to the Committee on Medical Affairs.
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:
R. Wayne Moseley, 6813 Back Bay Drive, Isle of Palms, SC 29451
Referred to the Committee on Education.
Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2007, and to expire June 30, 2011
At-Large:
Kelly H. Floyd, 1584 Brookgreen Drive, Myrtle Beach, SC 29577 VICE W. Robert Harrell
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2006, and to expire June 30, 2010
6th Congressional District:
William Robert Harrell, 7449 Hendersonville Highway, Yemassee, SC 29945 VICE Audrey Horne
Referred to the Committee on Medical Affairs.
Reappointment, South Carolina Public Charter School District Board of Trustees, with the term to commence August 1, 2007, and to expire August 1, 2010
Governor Appointed:
Thomas B. Hatfield, P. O. Box 21231, Hilton Head Island, SC 29925
Referred to the Committee on Education.
Initial Appointment, South Carolina State Housing, Finance and Development Authority, with the term to commence August 15, 2006, and to expire August 15, 2010
At-Large:
T. Scott Smith, 305 Lancaster Street, Southwest, Aiken, SC 29801 VICE Frances Gilbert
Referred to the Committee on Labor, Commerce and Industry.
The following were received and referred to the appropriate committees for consideration:
Document No. 3158
Agency: Department of Revenue
SUBJECT: Sales Tax
Received by Lieutenant Governor February 5, 2008
Referred to Finance Committee
Legislative Review Expiration June 4, 2008
Document No. 3159
Agency: Department of Revenue
SUBJECT: Accommodation
Received by Lieutenant Governor February 5, 2008
Referred to Finance Committee
Legislative Review Expiration June 4, 2008
Document No. 3163
Agency: Department of Revenue
SUBJECT: Sales Tax
Received by Lieutenant Governor February 5, 2008
Referred to Finance Committee
Legislative Review Expiration June 4, 2008
Document No. 3164
Agency: Department of Revenue
SUBJECT: Communications Services
Received by Lieutenant Governor February 5, 2008
Referred to Finance Committee
Legislative Review Expiration June 4, 2008
Document No. 3195
Agency: Department of Transportation
SUBJECT: Prequalification of Bidders
Received by Lieutenant Governor February 5, 2008
Referred to Transportation Committee
Legislative Review Expiration June 4, 2008
Senator PATTERSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.
The following co-sponsors were added to the respective Bills:
S. 1066 (Word version) Sen. Cromer
S. 1058 (Word version) Sen. Short
The following were introduced:
S. 1075 (Word version) -- Finance Committee: 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 ordered placed on the Calendar without reference.
S. 1076 (Word version) -- Senators McConnell, Alexander, Peeler, Rankin, Hutto, Martin, Land, Leventis, Hayes, Setzler and Ceips: A BILL TO AMEND CHAPTER 4, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE OFFICE OF REGULATORY STAFF, BY ADDING SECTION 58-4-140 SO AS TO CREATE A NON-PROFIT ENTITY NAMED OPERATION EMPOWERED IN ORDER TO PROVIDE FINANCIAL ASSISTANCE TO LOW-INCOME HOUSEHOLDS TO IMPLEMENT ENERGY EFFICIENCY AND CONSERVATION MEASURES.
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Senator McCONNELL spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1077 (Word version) -- Senators Rankin, Hutto and McConnell: A BILL TO AMEND SECTION 11-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCUREMENT, BY EXEMPTING THE LICENSES GRANTED BY THE FEDERAL COMMUNICATIONS COMMISSION TO GREENVILLE TECHNICAL COLLEGE AND TRIDENT TECHNICAL COLLEGE THAT AUTHORIZE THE USE OF THE EDUCATIONAL BROADBAND SERVICE SPECTRUM.
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Senator RANKIN spoke on the Bill.
Read the first time and, on motion of Senator RANKIN, with unanimous consent, the Bill was referred to the Committee on Judiciary.
S. 1078 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING NORTHSIDE ELEMENTARY SCHOOL OF THE ARTS FOR RECEIVING THE KENNEDY CENTER CREATIVE TICKET AWARD.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1079 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-810 SO AS TO PROVIDE THE EXECUTION OF A JUDGMENT FOR EJECTMENT MAY NOT OCCUR UNTIL AT LEAST SEVEN DAYS LAPSE FROM THE DATE ON WHICH THE MAGISTRATE ISSUED THE ORDER OR, IF THE JUDGMENT IS STAYED, UNTIL AT LEAST SEVEN DAYS LAPSE FROM THE DATE ON WHICH THE ORDER IS LIFTED, AND DURING THE SEVEN-DAY PERIOD THE TENANT MAY REMOVE HIS PERSONAL PROPERTY FROM THE PREMISES WITHOUT INTERFERENCE FROM THE LANDLORD; TO AMEND SECTION 27-40-710, RELATING TO REMOVAL OF AN EVICTED TENANT'S PERSONAL PROPERTY FROM THE RENTAL PREMISES, SO AS TO PROVIDE THE PARTY REMOVING THE PERSONAL PROPERTY SHALL RETAIN POSSESSION OF THE PERSONAL PROPERTY FOR THIRTY DAYS, DURING WHICH TIME THE TENANT MAY RECOVER THE PERSONAL PROPERTY.
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Read the first time and referred to the Committee on Judiciary.
H. 4316 (Word version) -- Reps. Lucas, Clyburn and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-28 SO AS TO ESTABLISH ALTERNATIVE CRITERIA FOR STUDENTS GRADUATING IN 2008 AND THEREAFTER WHO ATTEND A MAGNET SCHOOL, AS DEFINED, FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS.
Read the first time and referred to the Committee on Education.
H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G. M. Smith, Cotty, McLeod and Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-505 SO AS TO DEFINE CERTAIN TERMS; BY ADDING SECTION 1-23-535 SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE AN OFFICIAL SEAL; TO AMEND SECTION 1-23-310, RELATING TO DEFINITIONS FOR PURPOSES OF ADMINISTRATIVE PROCEDURES, SO AS TO CHANGE A REFERENCE TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 1-23-320, RELATING TO CONTESTED CASE HEARINGS, SO AS TO DELETE A PROVISION REGARDING THE HANDLING OF ATTENDANCE AND TESTIMONY OF WITNESSES, PRODUCTION OF BOOKS, PAPERS, AND RECORDS, AND OTHER PROCEDURAL MATTERS AND TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA BEFORE THE COURT; TO AMEND SECTION 1-23-380, AS AMENDED, RELATING TO JUDICIAL REVIEW AFTER EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO DELETE REFERENCES TO THE ADMINISTRATIVE LAW COURT AND TO REVIEW BY AN ADMINISTRATIVE LAW JUDGE OF A FINAL DECISION IN A CONTESTED CASE TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES AND TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO PROHIBIT THE HEARING OF CERTAIN INMATE APPEALS BY THE COURT; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO CONFORM THE PROCEDURES TO OTHER PROCEDURAL PROVISIONS REGARDING THE COURT AND TO DELETE THE PROVISION REQUIRING APPROPRIATED MONIES TO BE USED FOR THE SAME PURPOSE INDEFINITELY; AND TO AMEND SECTION 1-23-640, RELATING TO THE VENUE WHERE ADMINISTRATIVE LAW COURT CASES ARE HEARD, SO AS TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.
H. 4372 (Word version) -- Rep. J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 53, TITLE 59 SO AS TO ESTABLISH THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Read the first time and referred to the Committee on Education.
H. 4408 (Word version) -- Reps. Skelton, Harrell, Walker and Bedingfield: A BILL TO AMEND SECTIONS 59-104-25 AND 59-149-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES AND THE LIFE SCHOLARSHIP STIPEND FOR STUDENTS MAJORING IN MATHEMATICS OR SCIENCES, RESPECTIVELY, BOTH SO AS TO REVISE THE COURSE REQUIREMENTS NECESSARY TO RECEIVE THE STIPEND DURING A STUDENT'S FRESHMAN YEAR.
Read the first time and referred to the Committee on Education.
H. 4646 (Word version) -- Reps. Perry, 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, 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, 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 WEDNESDAY, FEBRUARY 20, 2008, "CITIES MEAN BUSINESS DAY" AND TO CELEBRATE THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIPS WITH LOCAL BUSINESSES.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 4647 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 5, 2008, SOUTH CAROLINA REALTOR DAY IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 4652 (Word version) -- Reps. Williams, Ballentine, Haley, Breeland, Jefferson, Jennings, Knight, Neilson, Phillips, J. R. Smith and Weeks: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCILS FOR THIRTY YEARS OF FOSTERING DIRECT CIVIC ENGAGEMENT IN PUBLIC EDUCATION.
The Concurrent Resolution was adopted, ordered returned to the House.
The vote below applies to the following invitations polled favorably from the Committee on Invitations.
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Arts Alliance to attend a luncheon at the Capital City Club on Tuesday, February 12, 2007, beginning at 1:00 P.M. or immediately upon adjournment.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Judges to attend a reception at the Clarion Town House on Tuesday, February 12, 2007, from 6:00 until 8:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the March of Dimes to attend a breakfast in Room 112 of the Blatt Bldg. on Wednesday, February 13, 2007, from 8:00 until 10:00 A.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Athletic Trainers to attend a luncheon in Room 112 Blatt Bldg. on Wednesday, February 13, 2007, from 12:00 until 2:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Association of Counties to attend a reception at Embassy Suites on Wednesday, February 13, 2007, from 6:00 until 7:30 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Credit Union League to attend a reception at Seawell's on Wednesday, February 13, 2007, from 7:30 until 9:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Heart Association to attend a breakfast in Room 112 Blatt Bldg. on Thursday, February 14, 2007, from 8:00 until 10:00 A.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Conservation Districts to attend a reception at Seawell's on Tuesday, February 19, 2007, from 6:00 until 8:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SakiTumi Grill and Sushi Bar to attend a reception at SakiTumi Grill and Sushi Bar on Tuesday, February 19, 2007, from 8:00 until 10:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Kappa Alpha PSI to attend a breakfast in Room 112 Blatt Bldg. on Wednesday, February 20, 2007, from 8:00 until 10:00 A.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Wil Lou Gray Opportunity School to attend a luncheon in Room 112 Blatt Bldg. on Wednesday, February 20, 2007, from 12:00 until 2:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the ALEC to attend a reception at the Clarion on Wednesday, February 20, 2007, from 6:00 until 8:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the Municipal Association of South Carolina to attend a reception at the Marriott Hotel on Wednesday, February 20, 2007, from 8:00 until 9:00 P.M.
Senator KNOTTS from the Committee on Invitations submitted a favorable report on:
An invitation from the SC Nursery and Landscape Association to attend a breakfast in Room 112 Blatt Bldg. on Thursday, February 21, 2007, from 8:00 until 9:30 A.M.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 905 (Word version) -- Senators Campsen, Elliott, Cromer, Ceips and Bryant: A BILL TO ENACT THE "BEACHFRONT FINANCE ACT" BY AMENDING CHAPTER 1, TITLE 6 OF THE 1976 CODE, BY ADDING SECTION 6-1-580, RELATING TO THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY ISSUE BONDS TO FINANCE THE COST OF CONTROLLING AND REPAIRING WATERFRONT EROSION, BY AMENDING SECTION 6-4-15, RELATING TO THE STATE ACCOMMODATIONS TAX, TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY ISSUE BONDS TO FINANCE THE COST OF CONTROLLING AND REPAIRING WATERFRONT EROSION, BY AMENDING SECTION 6-4-20(B), RELATING TO THE STATE ACCOMMODATIONS TAX, TO PROVIDE THAT THE STATE TREASURER SHALL NOT WITHHOLD ACCOMMODATION TAX FUNDS FROM A LOCAL GOVERNMENT THAT COLLECTS FOUR HUNDRED THOUSAND DOLLARS OR MORE IF THE LOCAL GOVERNMENT HAS WITHIN ITS BOUNDARIES A BEACH THAT IS RANKED AMONG THE MOST AT-RISK BEACHES IN THE STATE BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, TO PROVIDE THAT A LOCAL GOVERNMENT WITH ONE OF THE MOST AT-RISK BEACHES WITHIN ITS BOUNDARIES MAY ISSUE A BEACH RENOURISHMENT BOND OR MAY USE THE FUNDS RETAINED FOR THE PURPOSE OF CONTROLLING OR REPAIRING WATERFRONT EROSION, AND BY AMENDING CHAPTER 40 OF TITLE 48, RELATING TO THE BEACH RESTORATION AND IMPROVEMENT TRUST ACT, BY ADDING SECTION 48-40-70, TO REQUIRE THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT TO RANK THE MOST AT-RISK BEACHES IN THE STATE IN ITS ANNUAL STATE OF THE BEACHES REPORT.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable report on:
S. 936 (Word version) -- Senators McConnell, Hayes, Martin, Thomas and O'Dell: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COMMERCIAL CODE--NEGOTIABLE INSTRUMENTS, AND CHAPTER 4 OF TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE--BANK DEPOSITS AND COLLECTIONS, SO AS TO, INTER ALIA, ACCOMMODATE THE LAW TO TECHNOLOGICAL ADVANCES IN THE PROCESSES OF COLLECTION AND PAYMENT OF CHECKS BY PROVIDING FOR ELECTRONIC PRESENTMENT OF INSTRUMENTS, RETENTION WARRANTIES, AND ENCODING WARRANTIES, AND BY DEFINING A BANK'S DUTY OF ORDINARY CARE IN COLLECTION AND PAYMENT OF CHECKS TO FOLLOW THE COMMERCIALLY REASONABLE AND ACCEPTED PRACTICE THAT PROCESSING CHECKS BY AUTOMATED MEANS DOES NOT NORMALLY RESULT IN A BREACH OF THE BANK'S DUTY TO EXERCISE ORDINARY CARE BY FAILING TO EXAMINE A CHECK; TO REFORM THE RULES ALLOCATING LOSSES RESULTING FROM CHECK FRAUD BY APPLYING THE DOCTRINE OF COMPARATIVE FAULT IN DETERMINING A BANK'S LIABILITY FOR LOSSES RESULTING FROM THE BANK'S IMPROPER PAYMENT OF A CHECK BEARING AN UNAUTHORIZED SIGNATURE OR ALTERATION, AND THE RULES APPLICABLE IN IMPOSTER AND FICTITIOUS PAYEE CASES, EMPLOYERS' RESPONSIBILITY FOR FRAUDULENT ENDORSEMENTS BY EMPLOYEES, AND ISSUES THAT ARISE IN CONVERSION CLAIMS; PROTECT CONSUMERS BY PRESERVING THE RIGHTS OF A CONSUMER ISSUING A NOTE TO ASSERT AGAINST A TRANSFEREE OF THE INSTRUMENT CLAIMS AND DEFENSES THAT THE CONSUMER HAS AGAINST THE ORIGINAL PAYEE, REGULATE REMOTELY CREATED CONSUMER ITEMS AND PROVIDE THAT A PERSON WHO TRANSFERS OR PRESENTS THE ITEM WARRANTS THAT THE CONSUMER ON WHOSE ACCOUNT THE ITEM IS DRAWN AUTHORIZED THE ISSUANCE AND AMOUNT OF THE ITEM, AND PROTECT THE MAKER OF A NOTE THAT HAS BEEN ASSIGNED WHO PAYS THE ASSIGNOR, UNLESS THE MAKER HAS RECEIVED ADEQUATE NOTIFICATION OF THE ASSIGNMENT; PROVIDE THAT VARIABLE INTEREST RATE NOTES QUALIFY AS INSTRUMENTS THAT CAN BE NEGOTIATED TO HOLDERS IN DUE COURSE; AND ADDRESS CASHIER'S CHECKS, TELLER'S CHECKS, AND CERTIFIED CHECKS INCLUDING DELINEATION OF THE RIGHTS OF THE OWNER OF A CHECK THAT HAS BEEN LOST, DESTROYED, OR STOLEN AND THE LIABILITY OF A BANK THAT WRONGFULLY REFUSES TO PAY THE CHECK.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 951 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 1066 (Word version) -- Senators Leatherman, Setzler, Knotts and Cromer: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO RELOCATE THE COLUMBIA STATE FARMERS' MARKET FROM ITS CURRENT LOCATION IN RICHLAND COUNTY TO LEXINGTON COUNTY, TO RE-AUTHORIZE APPROPRIATIONS FOR THE DEPARTMENT TO EXPEND CERTAIN MONIES FOR THE RELOCATION, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO TERMINATE THE PENDING PROJECT THAT RELOCATES THE MARKET TO THE WALKER TRACT IN RICHLAND COUNTY, AND TO AUTHORIZE THE COMMISSIONER TO IMPLEMENT A STATEWIDE FARMERS' MARKET PLAN.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4399 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 469 OF 2002, RELATING TO THE UNION COUNTY BOARD OF SCHOOL TRUSTEES AND THE UNION COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE TIME PERIOD WHEN CANDIDATES FOR ELECTION TO THE BOARD MUST FILE STATEMENTS OF CANDIDACY.
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.
The following House Bill was read the third time and ordered returned to the House with amendments:
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 following Bills were read the third time and ordered sent to the House of Representatives:
S. 741 (Word version) -- Senator Courson: A BILL TO AMEND CHAPTER 18, TITLE 27 OF THE 1976 CODE, RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, TO REDUCE THE DORMANCY PERIOD FOR SECURITIES FROM SEVEN YEARS TO THREE YEARS, TO UPDATE A REFERENCE, AND TO ELIMINATE THE REQUIREMENT OF A CIVIL PENALTY FOR A PERSON WHO FAILS TO RENDER A REPORT, PERFORM A DUTY, OR DELIVER PROPERTY AS REQUIRED PURSUANT TO THIS CHAPTER.
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 following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
H. 3789 (Word version) -- Reps. Kirsh and Cooper: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES, AND TO DELETE AN OBSOLETE PROVISION.
Senator ALEXANDER spoke on the Bill.
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.
Senator MASSEY asked unanimous consent to withdraw his previously proposed amendment, printed in the Journal of January 30, 2008.
There was no objection.
The amendment was withdrawn and the Bill was read the second time and ordered placed on the third reading Calendar for consideration tomorrow.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 2:44 P.M., Senator McCONNELL assumed the Chair.
H. 3465 (Word version) -- Reps. F.N. Smith, Whipper, Agnew, Allen, Anderson, Anthony, Bales, Bannister, Bowers, Branham, Brantley, Breeland, Ceips, Clyburn, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Funderburk, Govan, Hagood, Hamilton, Harrison, Hart, Hayes, Herbkersman, Hosey, Jefferson, Jennings, Kelly, Kennedy, Leach, Loftis, Lucas, Mack, Mitchell, Moss, J.H. Neal, J.M. Neal, Parks, Perry, Sandifer, Scarborough, Scott, Sellers, G.M. Smith, Spires, Stavrinakis, Talley, Thompson and Williams: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMENCEMENT OF CIVIL ACTIONS, SO AS TO PROVIDE THAT THE STATUTE OF LIMITATIONS IS TOLLED UPON THE FILING OF A SUMMONS AND COMPLAINT AND TO ALLOW AN ADDITIONAL ONE HUNDRED TWENTY DAYS TO ACCOMPLISH ACTUAL SERVICE UPON THE PAYMENT OF A SEVENTY-FIVE-DOLLAR EXTENSION FEE.
On motion of Senator MARTIN, the Bill was recommitted to the Committee on Judiciary.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
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 second reading of the Bill.
Senators LEATHERMAN, RANKIN and HAWKINS proposed the following Amendment P-1 (JUD0714.009) which was adopted:
Amend the amendment bearing document number JUD0714.011, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. Section 2-17-10 of the 1976 Code, as last amended by Act 344 of 2006, is further amended by adding at the end:
"(22) 'Political awareness organization' means an organization or committee that receives contributions and makes expenditures, totally or in part, for the purpose of promoting specific issues in order to influence public opinion with the intent to impact or change local and state government or its subdivisions, or both, and has the Internal Revenue Service classification of '501(C)(4)' or '527' or operates within an organization with the Internal Revenue Service classification of '501(C)(4)' or '527'."
SECTION 4. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-27. (A) A political awareness organization which receives or expends more than two thousand five hundred dollars in the aggregate during a calendar year, within fifteen days of incorporation, shall register with the State Ethics Commission as provided in this section. Each political awareness organization registering shall pay a fee of one hundred dollars.
(B) The registration must be in a form prescribed by the State Ethics Commission to include:
(1) the full name, address, and telephone number of the political awareness organization. If the organization is an individual, the organization also shall include his occupation, name of employer, principal place of business, and position of authority held in that business;
(2) an identification of the public offices or governmental entities, which the political awareness organization wishes to target for public or social awareness;
(3) certification by the political awareness organization that the information contained on the registration statement is true and correct; and
(4) if the political awareness organization fails to identify the public offices or governmental entities for which it is targeting as required by item (2), then the organization is deemed to be targeting all public offices or government entities of the State.
(C) Each political awareness organization that terminates its activity requiring registration pursuant to this section shall file a written statement of termination with the State Ethics Commission. Each organization that files a written statement of termination shall file reports required by this chapter for any reporting period during which the organization was registered.
(D) A political awareness organization shall file a supplemental registration statement indicating any substantial change in the information contained in the prior registration statement within fifteen days after the date of the change.
(E) The State Ethics Commission annually shall furnish to each chairman of standing and special committees of the General Assembly, each member of the General Assembly, and each statewide constitutional officer a list of registered political awareness organizations. The State Ethics Commission shall also furnish monthly updates to the same persons. These lists must be available to state agency heads upon request.
(F) A political awareness organization shall reregister annually with the State Ethics Commission by January fifth of each year.
(G) The State Ethics Commission shall not allow a political awareness organization to register or reregister under this section until the political awareness organization complies with the reporting requirements under Section 2-17-37."
SECTION 5. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-37. (A) Upon the receipt or expenditure of contributions or the making of independent expenditures totaling, in an accumulated aggregate, two thousand five hundred dollars or more, a political awareness organization required to register with the State Ethics Commission pursuant to Section 2-17-27 shall file an initial certified report of contributions within ten days of these initial receipts or expenditures.
(B) Following the filing of an initial certified report of contributions, additional certified reports of contributions must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, until the account undergoes final disbursement.
(C) A certified contribution report must contain:
(1) the total amount of contributions accepted by the political awareness organization; and
(2) the name and address of each person making a contribution of more than one hundred dollars to a political awareness organization and the amount and date of receipt of each contribution."
SECTION 6. Section 2-17-130(A) of the 1976 Code is amended to read:
"(A) A lobbyist, or a lobbyist's principal, or a political awareness organization who wilfully violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than one year, or both. In addition, any a lobbyist, or a lobbyist's principal, or a political awareness organization convicted of or pleading guilty or nolo contendere to a misdemeanor under the provisions of this section is barred from acting as a lobbyist, or a lobbyist's principal, or a political awareness organization for a period of three years from the date of the conviction."
SECTION 7. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one of more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 8. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
At 2:51 P.M., the PRESIDENT assumed the Chair.
Senator LEATHERMAN explained the amendment.
Senator BRYANT argued contra to the adoption of the amendment.
Senator RITCHIE argued contra to the adoption of the amendment.
Senator LEVENTIS spoke on the amendment.
Senator RYBERG moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Ceips Cleary Courson Cromer Fair Gregory Grooms Martin Massey McConnell Ritchie Ryberg Setzler Thomas Vaughn * Verdin
Anderson Campbell Elliott Ford Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Matthews McGill O'Dell Patterson Peeler Rankin * Scott Sheheen Short Williams
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator SHEHEEN proposed the following Amendment No. 1 (JUD0714.011), 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 8-13-1339. 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). A political action committee does not include a candidate committee."
SECTION 2. Section 8-13-1340 of the 1976 Code is amended to read:
"Section 8-13-1340. (A) Except as provided in subsections (B) and (E), a candidate or public official shall not make a contribution to another candidate or make an independent expenditure on behalf of another candidate or public official from the candidate's or public official's campaign account or through a committee, except legislative caucus committees, directly or indirectly established, financed, maintained, or controlled by the candidate or public official.
(B) This section does not prohibit a candidate from:
(1) making a contribution from the candidate's own personal funds on behalf of the candidate's candidacy or to another candidate for a different office; or
(2) providing the candidate's surplus funds or material assets upon final disbursement to a legislative caucus committee or party committee in accordance with the procedures for the final disbursement of a candidate under Section 8-13-1370 of this article.
(C) Assets or funds which are the proceeds of a campaign contribution and which are held by or under the control of a public official or a candidate for public office on January 1, 1992, are considered to be funds held by a candidate and subject to subsection (A).
(D) A committee is considered to be directly or indirectly established, financed, maintained, or controlled by a candidate or public official if any of the following are applicable:
(1) the candidate or public official, or an agent of either, has signature authority on the committee's checks;
(2) funds contributed or disbursed by the committee are authorized or approved by the candidate or public official;
(3) the candidate or public official is clearly identified on either the stationery or letterhead of the committee;
(4) the candidate or public official signs solicitation letters or other correspondence on behalf of the entity;
(5) the candidate, public official, or his campaign staff, office staff, or immediate family members, or any other agent of either, has the authority to approve, alter, or veto the committee's solicitations, contributions, donations, disbursements, or contracts to make disbursements; or
(6) the committee pays for travel by the candidate or public official, his campaign staff or office staff, or any other agent of the candidate or public official, in excess of one hundred dollars per calendar year.
(E) The provisions of subsection (A) do not apply to a committee directly or indirectly established, financed, maintained, or controlled by a candidate or public official if the candidate or public official directly or indirectly establishes, finances, maintains, or controls only one committee in addition to any committee formed by the candidate or public official to solely promote his own candidacy and one legislative caucus committee.
(F) No committee operating under the provisions of Section 8-13-1340(E) may:
(1) solicit or accept a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election; or
(2) transfer anything of value to any other committee except as a contribution under the limitations of Section 8-13-1314(A) or the dissolution provisions of Section 8-13-1370."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted, as amended.
Senator KNOTTS proposed the following Amendment No. 2 (JUD0714.010), which was laid on the table:
Amend the bill, as and if amended, as and if amended, by striking the SECTION containing the effective date and inserting appropriately numbered sections:
/ SECTION ( ). Section 8-13-1300(7) of the 1976 Code is amended to read:
"(7) 'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge, whether any of the above are made or offered directly or indirectly. 'Contribution' does not include (a) volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source; or (b) a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a committee, other than a candidate committee, and is used to pay for communications made not more than forty-five days before the election to influence the outcome of an elective office as defined in Section 8-13-1300(31)(c). These funds must be deposited in an account separate from a campaign account as required in Section 8-13-1312."
SECTION ( ). Section 8-13-1312 of the 1976 Code is amended to read:
"Section 8-13-1312. Except as is required for the separation of funds and expenditures under the provisions of Section 8-13-1300(7), a A candidate shall not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee shall not establish more than one checking account and one savings account unless federal or state law requires additional accounts. For purposes of this article, certificates of deposit or other interest bearing instruments are not considered separate accounts."
SECTION ( ). Section 8-13-1314 of the 1976 Code is amended to read:
"(A) Within an election cycle, no candidate or anyone acting on his behalf shall solicit or accept, and no person shall give or offer to give to a candidate or person acting on the candidate's behalf:
(1) a contribution which exceeds:
(a) three thousand five hundred dollars in the case of a candidate for statewide office; or
(b) one thousand dollars in the case of a candidate for any other office, except that candidates for State Senate and State House of Representatives shall receive contributions as provided in subsection (C);
(2) a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;
(3) a contribution from, whether directly or indirectly, a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;
(4) contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.
(B) The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign.
(C) Within a calendar year, no candidate for State Senate or State House of Representatives or anyone acting on his behalf shall solicit or accept, and no person shall give or offer to give to a candidate or person acting on the candidate's behalf a contribution which exceeds one thousand dollars. These contributions must adhere to the requirements in items (2) through (4) of subsection (A). However, the restrictions on contributions in this subsection and in subsection (A)(2) do not apply to a candidate for State Senate or State House of Representatives making a contribution to his own campaign."
SECTION ( ). Section 8-13-1316 of the 1976 Code is amended to read:
"Section 8-13-1316. (A) Notwithstanding Section 8-13-1314(A)(1), within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees, and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office; or
(2) five thousand dollars in the case of a candidate for any other office.
(B) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within seven days must remit the contribution to the Children's Trust Fund.
(C) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; and
(3) voter registration and ballot information."
SECTION ( ). If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one of more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION ( ). This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator HAYES spoke on the amendment.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Ceips Cleary Courson Cromer Elliott Fair Gregory Grooms Hawkins * Hayes Lourie Malloy Martin Massey Matthews McConnell Peeler Ritchie Ryberg Scott Sheheen Thomas Verdin Williams
Ford Hutto Jackson Knotts Land Leatherman Leventis McGill O'Dell Patterson Reese Setzler Short
The amendment was laid on the table.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 3 (714R006.GFM), which was adopted:
Amend the bill, as and if amended, by an appropriately numbered new SECTION at the end to read:
/ SECTION ___. Section 8-13-530 of the 1976 Code is amended to read:
"Section 8-13-530. Each ethics committee shall:
(1) ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter;
(2) receive complaints filed by individuals and, upon a majority vote of the total membership of the committee, file complaints when alleged violations are identified;
(3) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member or staff of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or a candidate, or staff for the appropriate house, misconduct of a member of, legislative caucus committees for, or a candidate for the appropriate house, or staff or a violation of this chapter or Chapter 17 of Title 2;
(4) receive and hear a complaint which alleges a breach of a privilege governing a member or staff of the appropriate house, the alleged breach of a rule governing a member or staff of or candidate for the appropriate house, misconduct of a member or staff of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house during the fifty-day period before an election in which the member or candidate is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorney's fees and costs to the nonpetitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:
(i) petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
Action on a complaint filed against a member or candidate which was received more than fifty days before the election but which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election;
(5) obtain information and investigate complaints as provided in Section 8-13-540 with respect to any complaint filed pursuant to this chapter or Chapter 17 of Title 2 and to that end may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers;
(6) administer or recommend sanctions appropriate to a particular member or staff of or candidate for the appropriate house pursuant to Section 8-13-540 or dismiss the charges; and
(7) act as an advisory body to the General Assembly and to individual members of or candidates for the appropriate house on questions pertaining to the disclosure and filing requirements of members of or candidates for the appropriate house.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
The question then was the second reading of the Bill.
Senator GROOMS moved to reconsider the vote whereby Amendment No. 2 was tabled.
The Senate refused to reconsider the vote whereby Amendment No. 2 was tabled.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senators RYBERG, GROOMS and McCONNELL desired to be recorded as voting against the third reading of the Bill.
The Bill was returned to the status of Special Order.
On motion of Senator MALLOY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James Robert Malloy of Chesterfield County, S.C., beloved uncle of Senator Malloy.
On motion of Senators HUTTO, MATTHEWS, LAND and LOURIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Lance Corporal James Darryl Haynes II of Blythewood, S.C., a 10-year veteran with the South Carolina Highway Patrol who lost his life while responding to an interstate accident. He was a loving husband to Andromeda Eckles Hayes and devoted father to two sons and he will be remembered as "one of the best."
At 3:59 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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