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 the writings of the prophet, Amos, we read:
"But let justice roll down like waters, and righteousness like an ever-flowing stream." (Amos 5:24)
Let us bow:
Holy God, we ask a special blessing this day upon all who serve here in the Senate of South Carolina: upon the Senators themselves, upon all the dedicated staffers who serve here, and upon all others who also labor in this place. We ask, Lord, that each and every one of these servants knows full well that it is indeed justice and righteousness that must always be the goal of their service, and to You be the glory. We pray this in Your name, dear Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator SHEHEEN introduced Dr. John Dubose of Camden, S.C., Doctor of the Day.
At 11:30 A.M., Senator MALLOY requested a leave of absence until Noon on Tuesday.
At 11:51 A.M., Senator JACKSON requested a leave of absence until Noon on Tuesday.
The following Senator was removed as a co-sponsor of the respective Bill:
S. 1181 (Word version) Sen. McGill
H. 4770 (Word version) -- Reps. Miller and Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF THE PORT OF GEORGETOWN AND SUPPORT FUTURE EFFORTS BY GEORGETOWN COUNTY AND THE SOUTH CAROLINA STATE PORTS AUTHORITY TO GROW CARGO VOLUMES FOR THE ECONOMIC BETTERMENT OF THE COMMUNITY AND STATE.
Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the Committee on Transportation and was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1191 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, AND METHODS OF TAKING WILDLIFE, SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, AND PROVISIONS FOR TAKING FURBEARING ANIMALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3141, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1192 (Word version) -- Senators Ryberg, Hayes, Knotts, Pinckney, Gregory, Bryant, Land, Peeler, Cromer, Grooms, Elliott, Short, Malloy, Fair, Martin, Leventis, Jackson, Campbell, Ceips, Verdin, Setzler, Patterson, Campsen, Leatherman and Lourie: A BILL TO AMEND SECTION 59-63-31 OF THE 1976 CODE, RELATING TO ATTENDANCE AT A PUBLIC SCHOOL, TO PROVIDE THAT A CHILD MAY GO TO PUBLIC SCHOOL IF THE CHILD RESIDES WITH AN ADULT IN THE SCHOOL DISTRICT AS A RESULT OF THE PARENT'S OR LEGAL GUARDIAN'S MILITARY DEPLOYMENT OR CALL TO ACTIVE DUTY MORE THAN SEVENTY MILES FROM THE CHILD'S RESIDENCE FOR A PERIOD GREATER THAN SIXTY DAYS, AND THAT THE CHILD MAY REMAIN IN THAT SCHOOL FOR THE REMAINDER OF THE SCHOOL YEAR EVEN IF THE CHILD'S PARENT OR LEGAL GUARDIAN RETURNS FROM DEPLOYMENT OR ACTIVE DUTY, AND TO PROVIDE THAT ENLISTED MILITARY PERSONNEL MAY ATTEND A HIGH SCHOOL COMPLETION PROGRAM DESIGNED TO AWARD A HIGH SCHOOL DIPLOMA.
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Read the first time and referred to the Committee on Education.
H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK TO MAKE ALL NECESSARY FILINGS WITH THE FEDERAL COMMUNICATIONS COMMISSION AS SOON AS PRACTICABLE, TO INDICATE AN INTENTION TO RETAIN LICENSES CURRENTLY OPERATED BY THE EDUCATIONAL TELEVISION NETWORK AND AN INTENTION TO FORM A PUBLIC/PRIVATE PARTNERSHIP TO COMPLETE THE NECESSARY TRANSITION FROM AN ANALOG TO DIGITAL SYSTEM, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO HIRE A NATIONALLY-RECOGNIZED TELECOMMUNICATIONS CONSULTANT TO ASSIST WITH THE DEVELOPMENT OF A REQUEST FOR PROPOSAL AND AN ANALYSIS OF VARIOUS BUSINESS MODELS FOR THE LEASING OF EXCESS CAPACITY ON THE SPECTRUM AND TO PROVIDE AN ESTIMATE OF THE VALUE OF LICENSES OPERATED BY THE EDUCATIONAL TELEVISION NETWORK.
Read the first time and referred to the Committee on Judiciary.
H. 4823 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO REQUEST MARK SANFORD, GOVERNOR OF SOUTH CAROLINA, ACTING WITH OR THROUGH APPROPRIATE EXECUTIVE BRANCH AGENCIES, TO APPLY FOR AN EXTENSION OF THE DEADLINE TO COMPLY WITH THE FEDERAL REAL ID ACT BEFORE THE DEADLINE OF MARCH 31, 2008, WHICH WILL ALLOW SOUTH CAROLINA TO ANALYZE THE IMPACT OF THE REAL ID ACT BUT WHICH WILL NOT REQUIRE SOUTH CAROLINA TO DECLARE ITS INTENT TO COMPLY WITH THIS ACT THEREBY ALLOWING THE STATE'S CURRENT CREDENTIALS TO BE RECOGNIZED AND ACCEPTED DURING THE EXTENSION PERIOD BY THE FEDERAL GOVERNMENT AND THE DEPARTMENT OF HOMELAND SECURITY.
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
H. 4825 (Word version) -- Reps. M. A. Pitts, 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, Perry, Phillips, Pinson, E. H. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMED ALL-AMERICAN 82ND AIRBORNE DIVISION OF THE UNITED STATES ARMY FOR ITS SUPPORT OF THE WALL THAT HEALS, COMMONLY KNOWN AS THE TRAVELING VIETNAM MEMORIAL WALL, DURING THE MEMORIAL'S VISIT TO PRESBYTERIAN COLLEGE IN CLINTON.
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., March 6, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Loftis, Hagood and Agnew to the Committee of Conference on the part of the House on:
S. 360 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3528 (Word version) -- Reps. M.A. Pitts, Stewart, G.M. Smith, Merrill, Bedingfield, Perry, Davenport, Bingham, Brantley, Chellis, Delleney, Hinson, Jefferson, Knight, Lowe, Mulvaney, J.M. Neal, Ott, Owens, Stavrinakis, Toole, Vick, White, Williams, Young, Mahaffey and Umphlett: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO RESTRICT THE CIRCUMSTANCES UPON WHICH THE STATE LAW ENFORCEMENT DIVISION MAY RELEASE ITS LIST OF PERMIT HOLDERS.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1030 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 11-45-30 OF THE 1976 CODE, RELATING TO DEFINITIONS, SO AS TO CLARIFY THE DEFINITION OF "LENDER" AND PROVIDE A DEFINITION FOR "INTEREST"; TO AMEND SECTION 11-45-50, AS AMENDED, RELATING TO REQUIREMENTS FOR THE SUBMISSION OF INVESTMENT PLANS, SO AS TO PROVIDE CLARIFYING LANGUAGE; TO AMEND SECTION 11-45-55, RELATING TO TAX CREDIT CERTIFICATES, SO AS TO REQUIRE THAT THE SOUTH CAROLINA VENTURE CAPITAL AUTHORITY ESTABLISH GUIDELINES FOR PROCEDURES TO ISSUE TAX CREDITS AND DELETE THE REQUIREMENT THAT THE AUTHORITY ALSO ESTABLISH REGULATIONS; TO AMEND SECTION 11-45-70, AS AMENDED, RELATING TO VENTURE CAPITAL INVESTMENT REQUIREMENTS, SO AS TO ALLOW AN INVESTOR TO BE QUALIFIED IF HE PROVES THAT HE HAS MADE PRIOR INVESTMENTS IN SOUTH CAROLINA OR SOUTH CAROLINA BASED COMPANIES; AND TO ADD SECTION 11-45-105 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO APPROVE GUIDELINES ISSUED BY THE AUTHORITY.
S. 1067 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-30(6) OF THE 1976 CODE, RELATING TO SALTWATER GAMEFISH, TO CLASSIFY COBIA AS A SALTWATER GAMEFISH.
S. 991 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120, SO AS TO PROVIDE FOR THE DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL BY THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY; AND TO REPEAL SECTION 59-103-200, RELATING TO DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL, THAT WAS ERRONEOUSLY CODIFIED UNDER THE COMMISSION OF HIGHER EDUCATION INSTEAD OF THE COMMISSION OF ARCHIVES AND HISTORY.
S. 965 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 59-24-60 OF THE 1976 CODE, RELATING TO A SCHOOL OFFICIAL'S DUTY TO CONTACT LAW ENFORCEMENT, TO PROVIDE THAT A SCHOOL ADMINISTRATOR AND A SCHOOL RESOURCE OFFICER MAY RELEASE THAT PORTION OF A STUDENT'S EDUCATION RECORDS THAT RELATES TO CRIMINAL GANG ACTIVITY TO LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES.
S. 1176 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER POLLUTION CONTROL PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3155, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 577 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 22-3-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS, SO AS TO PROVIDE THAT A MAGISTRATE MAY PUNISH BY FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING SIXTY DAYS, OR BOTH, ALL ASSAULT AND BATTERIES AGAINST SPORTS OFFICIALS AND COACHES.
S. 1120 (Word version) -- Senator Land: A BILL TO PROVIDE THAT FROM JUNE 1, 2008 TO SEPTEMBER 30, 2008, A NON-RESIDENT MAY OBTAIN A LIFETIME COMBINATION LICENSE FROM THE DEPARTMENT OF NATURAL RESOURCES UNDER CERTAIN CIRCUMSTANCES.
S. 1063 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 34-11-60(D) OF THE 1976 CODE, RELATING TO THE DRAWING OF A FRAUDULENT CHECK, TO INCREASE THE TIME A PAYEE HAS TO DEPOSIT A CHECK TO TWENTY-ONE DAYS SO THAT THE DRAWER OF THE CHECK MAY BE PROSECUTED.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators HUTTO and MARTIN proposed the following amendment (1063R001.CBH), which was adopted:
Amend the bill, as and if amended, page 2, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. This act takes effect January 1, 2009. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the Bill.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 500 (Word version) -- Senators Knotts and Ford: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE CIVIL LIABILITY IMMUNITY FOR A LOSS RESULTING FROM CERTAIN DOCUMENTS RELATING TO THE ADMINISTRATION OF THE LAW ENFORCEMENT TRAINING COUNCIL; AND TO AMEND SECTION 23-23-90, RELATING TO INTERNAL DOCUMENTS OF THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO CLARIFY THAT AN ACTION MAY NOT BE BROUGHT BASED ON CERTAIN DOCUMENTS RELATING TO THE ADMINISTRATION OF THE LAW ENFORCEMENT TRAINING COUNCIL UNDER CERTAIN CIRCUMSTANCES.
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 (JUD0500.001), which was adopted:
Amend the bill, as and if amended, page 2, by striking line 1 in its entirety and inserting therein the following:
/ chapter or regulations promulgated under it must not be the /
Renumber sections to conform.
Amend title to conform.
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. 865 (Word version) -- Senators Alexander, O'Dell, Short and Knotts: A BILL TO AMEND SECTION 12-43-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR THE STANDARDIZED PROPERTY TAX BILL, SO AS TO REVISE THESE REQUIREMENTS TO REFLECT THE EXEMPTION FROM MILLAGE IMPOSED FOR SCHOOL OPERATIONS FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY AND THE AMOUNT REIMBURSED THE SCHOOL DISTRICT FROM THE HOMESTEAD EXEMPTION FUND FOR THAT EXEMPTION AND TO REFLECT ANY CREDIT AGAINST THE PROPERTY TAX LIABILITY FOR COUNTY OPERATIONS ON OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO EXCESS BALANCES IN THE HOMESTEAD EXEMPTION FUND.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (865R001.HKL), which was adopted:
Amend the bill, as and if amended, page 1, SECTION 1, by striking line 42 on page 1 through line 2 on page 2 and inserting:
/ exemption pursuant to Section 12-37-220(B)(47) and the estimated value of the exemption and the amount of any credit /
Renumber sections to conform.
Amend title to conform.
Senator HAYES 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.
H. 4566 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF GENERAL COUNSEL OF THE STATE BUDGET AND CONTROL BOARD TO NEGOTIATE AND SATISFY THE FEE AWARD ENTERED BY THE SOUTH CAROLINA SUPREME COURT IN LAYMAN, ET AL. VS. THE STATE OF SOUTH CAROLINA AND TO PROVIDE THE SOURCES OF FUNDS AND AUTHORIZE THEIR EXPENDITURE FOR THAT PURPOSE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (4566R002.HKL), which was adopted:
Amend the joint resolution, as and if amended, page 1, SECTION 1, by striking lines 27 through 33 and inserting:
/ (2) to satisfy the award by expending an amount not to exceed five hundred twenty-five thousand dollars from State Budget and Control Board funds as determined by the executive director./
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER 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.
H. 4547 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF THE STAMPS AND THE MANNER THEY ARE SOLD; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading.
Senator PEELER asked unanimous consent to reconsider the vote whereby the Bill was read the second time and ordered to a third reading.
There was no objection and second reading of the Bill was reconsidered.
On motion of Senator PEELER, the Bill was carried over.
S. 833 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY ORDINANCE TO VARY THESE REGULATIONS.
On motion of Senator VERDIN, the Bill was carried over.
S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin, Grooms and Knotts: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, OR TO ATTEMPT TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR AN OFFENDER OR ANOTHER PERSON TO SOLICIT OR REQUEST SOMEONE TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE FOR AN OFFENDER, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP REGULATIONS GOVERNING THE CERTIFICATION, USE, MAINTENANCE, AND OPERATIONS OF INTERLOCK IGNITION DEVICES, TO PROVIDE THAT ONLY CERTIFIED DEVICES MAY BE USED, TO PROVIDE THAT THE DEPARTMENT MUST CERTIFY ALL BREATH TESTING IGNITION INTERLOCK DEVICES THAT MEET FEDERAL STANDARDS, TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A LIST OF CERTIFIED DEVICES AND MANUFACTURERS, TO REQUIRE THAT DECERTIFIED DEVICES MUST BE REPLACED, TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE ON ITS INTERNET WEB SITE ITS POLICIES, PROCEDURES, AND REGULATIONS CONCERNING IGNITION INTERLOCK DEVICES; TO AMEND SECTION 56-1-400, TO PROVIDE THAT WHEN THE DEPARTMENT OF MOTOR VEHICLES RETURNS OR ISSUES A NEW LICENSE TO AN OFFENDER WHOSE LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, THE LICENSE MUST CONTAIN A CONSPICUOUS ENDORSEMENT IDENTIFYING THE LICENSEE AS A PERSON WHO MAY ONLY DRIVE A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED; AND TO AMEND SECTION 56-5-2959, TO PROVIDE THAT SLED NO LONGER HAS TO POST CERTAIN INFORMATION CONCERNING IGNITION INTERLOCK SYSTEMS ON ITS INTERNET WEB SITE.
On motion of Senator HUTTO, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3427 (Word version) -- Reps. Whipper, Cobb-Hunter, Jennings, Mack, F.N. Smith, J.R. Smith, Weeks, Gullick, Mulvaney, Hamilton, G.R. Smith, Bedingfield and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2008, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2007; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator RANKIN spoke on the Bill.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment.
At 12:17 P.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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