Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
David blesses the Lord and observes:
"For all things come from you, and of your own we have given you."
(I Chronicles 29:14b)
Join me in prayer, please:
Holy God, we give You thanks and praise this springtime, this second day of April, this election season here in South Carolina. We ask You, Lord, to add a special blessing to those who-in addition to all of their other responsibilities-now also take on the challenges of running for office. We do know that all good things are indeed from You, O Lord, and we further know that we are to serve You and honor You, using our gifts to Your glory. May all of that continue to be true over the months to come, to the benefit of all of the people in this State we love. We pray this in Your name, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following co-sponsor was added to the respective Bills:
S. 111 (Word version) Sen. Scott
S. 880 (Word version) Sen. Scott
H. 4492 (Word version) -- Reps. Young, Harrell and Hutson: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.
Senator SCOTT asked unanimous consent to make a motion to recall the Bill from the Dorchester County Legislative Delegation.
There was no objection and the Bill was recalled from the Dorchester County Legislative Delegation.
On motion of Senator SCOTT, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
The following were introduced:
S. 1255 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE TRAVELLE WHARTON AS ROLE MODEL AND HERO TO THE GREENVILLE COMMUNITY AND BEYOND AND TO COMMEND HIM FOR HIS PHILANTHROPY AMONG THE YOUTH OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1256 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 4-10-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE FOR AN ADDITIONAL PURPOSE FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
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Read the first time and referred to the Committee on Finance.
S. 1257 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Judiciary.
S. 1258 (Word version) -- Senators O'Dell and Drummond: A BILL TO PROVIDE THAT A SURVEYOR LICENSED IN THIS STATE MAY REVIEW COMPOSITE MAPS OF LAKE GREENWOOD AND CERTIFY TO THE FEDERAL ENERGY REGULATORY COMMISSION, BY SIGNING AND SEALING AN APPROPRIATE WORDED CERTIFICATE ON THE MAPS, THAT THE LINES SHOWN THEREON MEET OR EXCEED THE LEVEL OF ACCURACY REQUIRED BY FEDERAL REGULATIONS, TO PROVIDE THAT A MAP PREPARED IN ACCORDANCE WITH THE ABOVE IS NOT A LAND SURVEY, AND TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A PERSON TO EXECUTE A DEED, MORTGAGE, OR ANY OTHER CONVEYANCING INSTRUMENT REFERENCING SUCH A MAP, AND THAT ANY ATTEMPTED CONVEYANCE REFERENCING SUCH A MAP SHALL BE VOID.
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Read the first time and ordered placed on the Calendar without reference.
On motion of Senator DRUMMOND, with unanimous consent, S. 1258 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1259 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT CERTAIN HANDGUN AND ASSAULT WEAPON AMMUNITION MUST BE CODED, TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION (SLED) TO ENFORCE THE PROVISIONS OF THIS ARTICLE, TO PROVIDE THAT CERTAIN AMMUNITION MANUFACTURERS AND VENDORS MUST REGISTER WITH SLED, TO PROVIDE THAT CERTAIN INFORMATION ABOUT TRANSFERS OF AMMUNITION MUST BE MAINTAINED AND MADE AVAILABLE FOR INSPECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE PROVISIONS CONTAINED IN THIS ARTICLE.
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Read the first time and referred to the Committee on Judiciary.
S. 1260 (Word version) -- Senators Lourie, Elliott, Short, Reese, Drummond and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-145 SO AS TO ENACT THE "PROVISIONS FOR COST OF ANIMAL CARE ACT OF 2008" TO PROVIDE THAT THE CUSTODIAN OF AN ANIMAL TAKEN INTO CUSTODY DUE TO CIVIL OR CRIMINAL VIOLATIONS BY ITS OWNER MAY PETITION THE COURT FOR EXPENSES RELATED TO PROVIDING CARE TO THE ANIMAL; TO ESTABLISH PROCEDURES FOR HEARING SUCH PETITIONS AND FOR THE COLLECTION AND USE OF FUNDS ORDERED TO BE PAID; TO PROVIDE THAT A PERSON WHO FAILS TO PAY SUCH FUNDS FORFEITS RIGHTS OF OWNERSHIP TO THE ANIMAL AND TO PROVIDE FOR THE DISPOSITION OF SUCH AN ANIMAL; AND TO PROVIDE FOR THE RETURN OF FUNDS WHEN A PERSON IS NOT FOUND TO BE IN VIOLATION.
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Senator LOURIE spoke on the Bill.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4243 (Word version) -- Reps. Kelly, F. N. Smith, Simrill, Shoopman, Leach, Limehouse, M. A. Pitts, Rutherford, Scarborough, Witherspoon, Neilson, Owens and Vick: A BILL TO AMEND SECTION 10-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISCHARGING OF A FIREARM OR USE OF A DANGEROUS WEAPON UPON THE CAPITOL GROUNDS OR WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO MEMBERS OF THE GENERAL ASSEMBLY WHO POSSESS A CONCEALABLE WEAPONS' PERMIT; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE CARRYING OR DISPLAYING OF A FIREARM IN A PUBLIC BUILDING OR AN AREA ADJACENT TO IT, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY LAWFULLY MAY CARRY A FIREARM ON PROPERTY OWNED, OPERATED, OR CONTROLLED BY CERTAIN PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS; AND TO AMEND SECTION 23-31-240, RELATING TO A LIST OF PERSONS WHO ARE ALLOWED TO CARRY A CONCEALABLE WEAPON WHEN PERFORMING THE DUTIES OF THEIR OFFICE, SO AS TO INCLUDE MEMBERS OF THE GENERAL ASSEMBLY AMONG THIS LIST OF PERSONS.
Read the first time and referred to the Committee on Judiciary.
H. 4529 (Word version) -- Reps. Weeks, Whipper and R. Brown: A BILL TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4896 (Word version) -- Reps. Cooper, Rice, White, Sandifer, Thompson, Owens, Agnew, Gambrell, Whitmire, Hiott, Bowen and Skelton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-290 SO AS TO PROVIDE THAT THE AREA COMMISSION OF TRI-COUNTY TECHNICAL COLLEGE MAY ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL OF THE STATE BUDGET AND CONTROL BOARD.
Read the first time and referred to the Committee on Education.
H. 4906 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 21, 2008, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS AND A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE COLLEGE OF CHARLESTON, THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2008 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 4915 (Word version) -- Reps. Scott, 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, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, 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 HONOR SUSAN A. MONTGOMERY, OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, FOR TWENTY-TWO YEARS OF FAITHFUL SERVICE TO THE CITIZENS OF SOUTH CAROLINA, AND TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a majority favorable with amendment and Senator LEVENTIS a minority unfavorable report on:
S. 428 (Word version) -- Senators Hayes, Leventis, Gregory, Peeler, Short, Sheheen, Courson and Campsen: A BILL TO AMEND CHAPTER 4, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER AS THE "SOUTH CAROLINA WATER WITHDRAWAL, PERMITTING, USE, AND REPORTING ACT", SO AS TO MAKE CERTAIN DECLARATIONS REGARDING THE STATE'S REGULATION OF RIPARIAN RIGHTS, TO PROVIDE CERTAIN DEFINITIONS, TO SPECIFY SPECIFIC EXEMPTIONS FROM THE CHAPTER, TO PROVIDE THAT USE OF THE WATERS OF THE STATE ON NONRIPARIAN LAND IS LAWFUL AND REQUIRES EQUAL CONSIDERATION WITH A USE ON A RIPARIAN LAND IN AN ADMINISTRATIVE OR JUDICIAL PROCEEDING RELATING TO AN ALLOCATION, WITHDRAWAL, OR USE OF WATER, OR TO A MODIFICATION OF A WATER RIGHT, AND VARIOUS PROVISIONS REGARDING THE PERMITTING AND REGULATION OF SURFACE WATER WITHDRAWERS; TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROMULGATE A REGULATION PURSUANT TO CHAPTER 4, TITLE 49, RELATING TO SURFACE WATER WITHDRAWAL, PERMITTING, AND REPORTING, TO ESTABLISH A FEE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE THAT UNTIL THE NEW REGULATION IS PROMULGATED, REGULATION 61-113, RELATED TO GROUNDWATER USE AND REPORTING, MUST REMAIN IN EFFECT; AND TO REPEAL CHAPTER 21, TITLE 49, RELATING TO THE INTERBASIN TRANSFER OF WATER.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable report on:
S. 1159 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3451 (Word version) -- Reps. Cotty, Agnew, Anderson, Ballentine, Barfield, Battle, Bingham, Bowen, Bowers, Breeland, R. Brown, Cato, Chalk, Chellis, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Funderburk, Hagood, Haley, Harrell, Harrison, Harvin, Herbkersman, Hinson, Hiott, Hosey, Howard, Jennings, Kennedy, Kirsh, Limehouse, McLeod, Miller, Moss, J.H. Neal, Neilson, Pinson, E.H. Pitts, Rice, Rutherford, Sandifer, Scott, J.E. Smith, J.R. Smith, Stavrinakis, Talley, Toole, Viers, Weeks, Whipper, Young and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 30 SO AS TO ENACT "THE UNIFORM REAL PROPERTY RECORDING ACT", PROVIDING FOR THE AUTHORITY OF THE REGISTER OF MESNE CONVEYANCES IN A COUNTY TO RECEIVE AND RECORD DOCUMENTS AND INFORMATION IN ELECTRONIC FORM, SETTING FORTH CERTAIN REQUIREMENTS IN ACCEPTANCE OF ELECTRONIC DOCUMENTS BY A REGISTER, CHARGING THE OFFICE OF THE SECRETARY OF STATE WITH THE RESPONSIBILITY OF IMPLEMENTING THE ACT AND ADOPTING STANDARDS FOR THE RECEIPT, RECORDING, AND RETRIEVAL OF ELECTRONIC DOCUMENTS, AND PROVIDING DEFINITIONS.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3605 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-1-110 SO AS TO CLARIFY THAT IF AN ATTORNEY-CLIENT RELATIONSHIP EXISTS BETWEEN A LAWYER AND A FIDUCIARY, COMMUNICATIONS BETWEEN THE LAWYER AND THE FIDUCIARY ARE PRIVILEGED UNLESS WAIVED BY THE FIDUCIARY.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3798 (Word version) -- Rep. G.R. Smith: A BILL TO AMEND SECTION 20-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO MAY PERFORM MARRIAGE CEREMONIES, SO AS TO ALSO INCLUDE THE CHIEF OF A NATIVE AMERICAN INDIAN ENTITY RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable report on:
H. 3857 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-90 SO AS TO PROVIDE PENALTIES FOR FAILURE TO APPEAR IN COURT UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON HAS BEEN RELEASED ON BOND; TO AMEND SECTION 38-53-50, RELATING TO SURETY RELIEVED ON BOND AND SURRENDER OF A DEFENDANT, SO AS TO PROVIDE PROCEDURES WHEN A BENCH WARRANT MAY BE ISSUED FOR ARREST OF A DEFENDANT AND TO PROVIDE THAT NONPAYMENT OF FEES ALONE DOES NOT WARRANT IMMEDIATE INCARCERATION OF THE DEFENDANT; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT AND THE REMISSION OF JUDGMENT, SO AS TO INCREASE THE PERIOD OF TIME BEFORE THE BOND IS FORFEITED FOR FAILURE TO APPEAR FROM THIRTY TO NINETY DAYS FROM THE ISSUANCE OF THE BENCH WARRANT AND TO PROVIDE THAT THE BENCH WARRANT MUST BE AVAILABLE FOR PICKUP BY THE SURETY WITHIN SEVEN DAYS OF ISSUANCE.
Ordered for consideration tomorrow.
Senator MALLOY from the Committee on Judiciary submitted a favorable report on:
H. 4438 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 17-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF FUNDS COLLECTED PERTAINING TO BAIL AND RECOGNIZANCE, SO AS TO PROVIDE THAT TWENTY-FIVE PERCENT OF THE FUNDS COLLECTED MUST BE REMITTED TO THE PROSECUTING AGENCY RATHER THAN THE SOLICITOR'S OFFICE IN THE COUNTY IN WHICH THE FORFEITURE IS ORDERED.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 4731 (Word version) -- Reps. Mitchell, Govan, Harrell, Miller and Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-85 SO AS TO PROVIDE THAT THE NINETEENTH DAY OF JUNE OF EACH YEAR IS DESIGNATED AS "JUNETEENTH CELEBRATION OF FREEDOM DAY" TO COMMEMORATE AND REFLECT ON THE FREEDOM OF AFRICAN AMERICANS AND THEIR CONTRIBUTIONS TO THIS STATE AND NATION.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
S. 1074 (Word version) -- Senators Malloy and Patterson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THE WORDS "ROUND O COMMUNITY" ALONG HIGHWAY 133 IN DARLINGTON COUNTY, BETWEEN THE INTERSECTIONS OF HIGHWAY 524 AND HIGHWAY 41, NEAR THE ROUND O CHURCH.
Returned with concurrence.
Received as information.
S. 1138 (Word version) -- Senators Peeler and Ritchie: A CONCURRENT RESOLUTION DESIGNATING THE THIRD FULL WEEK OF SEPTEMBER IN EACH YEAR AS "MITOCHONDRIAL DISEASE AWARENESS WEEK".
Returned with concurrence.
Received as information.
S. 1148 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 33 ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY THE "SHERIFF BENJAMIN 'BEN' RILEY INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SHERIFF BENJAMIN 'BEN' RILEY INTERCHANGE".
Returned with concurrence.
Received as information.
S. 1247 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR PASTOR KATIE L. JORDAN OF GREENVILLE COUNTY FOR FIFTEEN YEARS OF SERVICE AS A MINISTER, AND TO COMMEND HER LEADERSHIP ROLE IN QUEEN STREET BAPTIST CHURCH AND IN THE COMMUNITY.
Returned with concurrence.
Received as information.
S. 1248 (Word version) -- Senators Hayes, Gregory, Peeler and Short: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR YORK COUNTY AS A VITAL PART OF THIS STATE AND TO DECLARE APRIL 30, 2008, YORK COUNTY DAY IN SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 1249 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO WELCOME THE COMPATRIOTS OF THE SECOND SOUTH CAROLINA INFANTRY OF PENNSYLVANIA, COMPANY E, TO CAMDEN, SOUTH CAROLINA, ON APRIL 12, 2008.
Returned with concurrence.
Received as information.
Columbia, S.C., April 2, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3410 (Word version) -- Reps. Edge, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, 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 DECLARING JANUARY 2007, AS GLAUCOMA AWARENESS MONTH.
and has ordered the Concurrent Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1056 (Word version) -- Senators McConnell, Ford and Campsen: A BILL TO AMEND CHAPTER 7, TITLE 20 OF THE 1976 CODE, 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; TO AMEND SECTION 24-19-110, TO PROVIDE THAT BEFORE A YOUTHFUL OFFENDER MAY BE CONDITIONALLY RELEASED, THE YOUTHFUL OFFENDER MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE; TO AMEND SECTION CHAPTER 13, TITLE 24, RELATING TO A FURLOUGH PROGRAM AND PAROLE, TO PROVIDE THAT BEFORE AN INMATE MAY BE RELEASED ON SUPERVISED FURLOUGH OR ON PAROLE, THE INMATE MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE; TO AMEND CHAPTER 21, TITLE 24, RELATING TO PROBATION AND COMMUNITY SUPERVISION PROGRAMS, TO PROVIDE THAT BEFORE A DEFENDANT MAY BE PLACED ON PROBATION OR IN A COMMUNITY SUPERVISION PROGRAM, THE OFFENDER MUST AGREE TO BE SUBJECT TO SEARCH OR SEIZURE.
(ABBREVIATED TITLE)
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
S. 1094 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1339 SO AS TO PROHIBIT A POLITICAL ACTION COMMITTEE ORGANIZED BY OR ON BEHALF OF CERTAIN STATEWIDE OFFICIALS; AND TO AMEND SECTION 8-13-1340 OF THE 1976 CODE, SO AS TO DELETE REFERENCES TO A COMMITTEE ORGANIZED DIRECTLY OR INDIRECTLY ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A CANDIDATE OR PUBLIC OFFICIAL.
Senator SHEHEEN explained the Bill.
S. 11 (Word version) -- Senators Hayes, Vaughn, Richardson, Mescher and Fair: A BILL TO AMEND SECTION 8-13-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTERESTS, TO CLARIFY THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS REQUIRED TO REPORT THE SOURCE OF ANY GIFTS, INCLUDING TRANSPORTATION, LODGING, FOOD, ENTERTAINMENT, OR ANYTHING OF VALUE WORTH TWENTY-FIVE DOLLARS OR MORE IN A DAY OR WORTH TWO HUNDRED DOLLARS OR MORE IN THE AGGREGATE IN A CALENDAR YEAR; AND TO AMEND SECTION 8-13-1302, RELATING TO A CANDIDATE'S MAINTENANCE OF RECORDS OF CONTRIBUTIONS, CONTRIBUTORS, AND EXPENDITURES, TO DELETE THE REQUIREMENT THAT THE CANDIDATE MUST MAINTAIN AND PRESERVE AN ACCOUNT OF THE OCCUPATION OF EACH PERSON MAKING A CONTRIBUTION.
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 (JUD0011.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 35-39 and inserting:
/ "(9) the source and a brief description of any gifts, including transportation, lodging, food, or entertainment, or anything of value worth twenty-five dollars or more in a day or worth two hundred dollars or more in the aggregate received during the preceding calendar year from: /
Amend the bill further, as and if amended, page 2, after line 29, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 8-13-740(B) of the 1976 Code is amended to read:
"(B) A member of the General Assembly, when he, an individual with whom he is associated, or a business with which he is associated represents a client for compensation as permitted by subsection (A)(2)(c), must file within his annual statement of economic interests a listing of fees earned, services rendered, names of persons represented, and the nature of contacts made with the governmental entities." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senators HUTTO and McCONNELL proposed the following amendment (JUD0011.002) , which was adopted:
Amend the bill, as and if amended, page 2, after line 29, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1331. Notwithstanding Section 8-13-1332(3), a corporation or committee of a corporation may solicit the shareholders and executive or administrative personnel of the corporation and its subsidiaries, branches, divisions, and affiliates and their families. For purposes of this section, all committees established, financed, maintained, or controlled by the same corporation, including any direct or indirect parent, subsidiary, branch, or division thereof, are affiliated. With respect to a corporation or committee of a corporation that solicits contributions pursuant to this section, contributions made or received by affiliated committees are considered to be made or received by a single committee for purposes of contribution limits in Sections 8-13-1314 and 8-13-1322. A corporation or committee of a corporation that solicits contributions pursuant to this section must certify in the manner prescribed by Section 8-13-1308(H) that contributions made or received by the committee and its affiliated committees, if any, have complied with contribution limits in Sections 8-13-1314 and 8-13-1322 as if the committee and its affiliated committees, if any, were a single committee."
SECTION ____. Section 8-13-1306(A) of the 1976 Code is amended to read:
"(A) The statement of organization of a committee or a ballot measure committee must include:
(1) the full name of the committee or ballot measure committee;
(2) the complete address and telephone number of the committee or ballot measure committee;
(3) the date the committee or ballot measure committee was organized;
(4) a summary of the purpose of the committee or ballot measure committee;
(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;
(6) the name and address of affiliated committees, as defined in Section 8-13-1331;
(67) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(78) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if the custodian is not one of the designated officers;
(89) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and
(910) a certification of the statement by the chairman and the treasurer."
SECTION ___. Section 8-13-1308 of the 1976 Code is amended to by adding subsection (H) at the end to read:
"(H) A committee that solicits contributions pursuant to Section 8-13-1331 must certify compliance with that section on a form prescribed by the State Ethics Commission." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HAYES proposed the following amendment (JUD0011.003), which was adopted:
Amend the bill, as and if amended, page 2, by adding an appropriately numbered SECTION after line 29 to read:
/ SECTION ___. Section 8-13-1346(A) of the 1976 Code is amended to read:
"(A) A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election or ballot measure." /
Renumber sections to conform.
Amend title to conform.
Senator HAYES 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. 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.
The Senate proceeded to a consideration of the committee amendment, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD1077.001), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 29 and inserting:
/ requirements of this code. If Greenville Technical College and Trident Technical College enter into contracts with third parties to lease their spectrum capacity, Greenville Technical College and Trident Technical College must not impose any pricing requirements on those third parties. Any lease agreements with third parties must be designed so that Greenville Technical College and Trident Technical College receive the market rate for the spectrum capacity." /
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. 1085 (Word version) -- Senators McConnell and Hayes: A BILL TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, TO PLACE LEGISLATIVE STAFF UNDER THE JURISDICTION OF THE LEGISLATIVE ETHICS COMMITTEES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators HUTTO and McCONNELL proposed the following amendment (JUD1085.004), which was adopted:
Amend the bill, as and if amended, page 4, by striking SECTION 5 and inserting the following:
/ SECTION 5. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1331. Notwithstanding Section 8-13-1332(3), a corporation or committee of a corporation may solicit the shareholders and executive or administrative personnel of the corporation and its subsidiaries, branches, divisions, and affiliates and their families. For purposes of this section, all committees established, financed, maintained, or controlled by the same corporation, including any direct or indirect parent, subsidiary, branch, or division thereof, are affiliated. With respect to a corporation or committee of a corporation that solicits contributions pursuant to this section, contributions made or received by affiliated committees are considered to be made or received by a single committee for purposes of contribution limits in Sections 8-13-1314 and 8-13-1322. A corporation or committee of a corporation that solicits contributions pursuant to this section must certify in the manner prescribed by Section 8-13-1308(H) that contributions made or received by the committee and its affiliated committees, if any, have complied with contribution limits in Sections 8-13-1314 and 8-13-1322 as if the committee and its affiliated committees, if any, were a single committee."
SECTION 6. Section 8-13-1306(A) of the 1976 Code is amended to read:
"(A) The statement of organization of a committee or a ballot measure committee must include:
(1) the full name of the committee or ballot measure committee;
(2) the complete address and telephone number of the committee or ballot measure committee;
(3) the date the committee or ballot measure committee was organized;
(4) a summary of the purpose of the committee or ballot measure committee;
(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;
(6) the name and address of affiliated committees, as defined in Section 8-13-1331;
(67) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(78) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if the custodian is not one of the designated officers;
(89) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and
(910) a certification of the statement by the chairman and the treasurer."
SECTION 7. Section 8-13-1308 of the 1976 Code is amended to by adding subsection (H) at the end to read:
"(H) A committee that solicits contributions pursuant to Section 8-13-1331 must certify compliance with that section on a form prescribed by the State Ethics Commission."
SECTION 8. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HUTTO 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. 911 (Word version) -- Senators Martin and Sheheen: A BILL TO AMEND SECTION 7-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT A MEETING MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION INSTEAD OF IN PERSON AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF THE COUNTY COMMISSIONERS OF ELECTION AS COUNTY BOARDS OF CANVASSERS, SO AS TO PROVIDE THAT ANY REQUIRED MEETINGS MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION.
On motion of Senator McCONNELL, the Bill was carried over.
S. 252 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT; TO PROVIDE THAT PARTIES MAY ENTER INTO A CONSENT ORDER FOR CONTINUED SUPPORT CONTRARY TO THIS SECTION; AND TO FURTHER PROVIDE THAT A PERSON MAY PETITION FOR RELIEF FROM AN ORDER TO PAY ALIMONY OR SPOUSAL SUPPORT IF THE ORDER REINSTATED ALIMONY OR SPOUSAL SUPPORT TO A FORMER SPOUSE WHOSE REMARRIAGE WAS LATER ANNULLED.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (JUD0252.003), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 41 in its entirety, and inserting:
/ competent jurisdiction, except a remarriage which is later annulled by a court of competent jurisdiction on the ground of mental incompetency, shall cause the cessation of alimony or /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
On motion of Senator SHEHEEN, with unanimous consent, the Bill was carried over, as amended.
S. 641 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-35 SO AS TO PROVIDE THAT A SCHOOL SHALL DEFER TO THE DECISION OF PARENTS OF TWINS AS TO WHETHER OR NOT THE TWINS WILL BE IN THE SAME CLASSROOM.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
Senator FAIR proposed the following amendment (641R006.JEC), which was adopted:
Amend the committee amendment, as and if amended, page [641-2], by striking line 30 and inserting:
/ body must comply with the election. Nothing in this section shall be construed to prohibit a child who does not meet the required standards for the first grade from remaining in kindergarten." /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
The Committee on Education proposed the following amendment (641R005.JEC), which was adopted:
Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting:
/ SECTION 1. Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-35. A parent or guardian may request that their twins or multiples, who are enrolled in the same school and in the same grade, be placed in the same classroom. Upon receiving the parent or guardian's request in writing, the principal must grant the parent or guardian's request if the twins or multiples are on the same educational level and meet the class' qualifications. If after sixty classroom days, the principal has documented reasons as to why separating the twins or multiples best serves the school's health or safety needs, the principal may separate the twins or multiples. A parent or guardian may appeal the decision to the local school board." /
Amend the bill further, as and if amended, by adding a new SECTION to read:
/ SECTION ___. Section 59-65-10(A) of the 1976 Code is amended to read:
"(A) All parents or guardians shall cause their children or wards to attend regularly a public or private school or kindergarten of this State which has been approved by the State Board of Education or a member school of the South Carolina Independent Schools' Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which have been approved by the State Board of Education from the school year in which the child or ward is five years of age before September first until the child or ward attains his seventeenth birthday or graduates from high school. A parent or guardian whose child or ward is not six years of age on or before the first day of September of a particular school year may elect for their child or ward not to attend kindergarten. For this purpose, the parent or guardian shall sign a written document making the election with the governing body of the school district in which the parent or guardian resides. The form of this written document must be prescribed by regulation of the Department of Education. Upon the written election being executed, that child or ward may not be required to attend kindergarten. A parent or guardian whose child or ward is six years of age on or before the first day of September of a particular school year may elect for their child or ward to attend kindergarten or first grade if the child did not attend kindergarten in the previous school year. For this purpose, the parent or guardian shall sign a written document making the election with the governing body of the school district in which the parent or guardian resides. The form of this written document must be prescribed by regulation of the Department of Education. Upon the written election being executed, that child or ward may attend either kindergarten or first grade. The school's governing body must comply with the election." /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
On motion of Senator HUTTO, with unanimous consent, the Bill was carried over, as amended.
S. 987 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-21-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT, THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND THE IMPLIED CONSENT FOR A BREATH TEST TO DETERMINE BLOOD ALCOHOL LEVELS, SO AS TO FURTHER PROVIDE FOR PROCEDURAL MATTERS IN REGARD TO THESE TESTS; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THAT THE OPERATOR OF A WATERCRAFT IS STRICTLY LIABLE FOR THE ACTIONS AND CONDUCT OF ALL PERSONS ON BOARD AND ANY PERSONS BEING TOWED BY THE WATERCRAFT; TO AMEND SECTION 50-21-175, AS AMENDED, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; AND TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator McCONNELL proposed the following Amendment No. 1 (GJK\20616SD08), which was adopted:
Amend the bill, as and if amended, in subsection (D) of Section 50-21-130 of the 1976 Code, as contained in SECTION 2, by deleting / in compliance with this section / beginning on line 15, page 4.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
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.
Senator McCONNELL moved that, when the Senate adjourns on Wednesday, April 2, 2005, it stand adjourned to meet on Thursday, April 3, 2008, at the time and subject to the limitations set forth in Rule 1B; and, further,
when the Senate adjourns on Thursday, April 3, 2008, it stand adjourned to meet on Friday, April 4, 2008, 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; and, further,
when the Senate adjourns on Friday, April 4, 2008, it stand adjourned to meet on Tuesday, April 8, 2008, at 12:00 Noon.
There was no objection and the motion was adopted.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
Senator MARTIN rose for an Expression of Personal Interest.
Senator RYBERG rose for an Expression of Personal Interest.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1070 (Word version) -- Senators Peeler, Ryberg, Knotts, Hawkins and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG TESTING FOR A CANDIDATE FOR A POPULARLY-ELECTED OFFICE.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of Amendment No. P-2 (JUD1070.010) proposed by Senator HUTTO and previously printed in the Journal of Wednesday, March 26, 2008. The amendment was laid on the table.
Senator HUTTO spoke on the amendment.
Senator PEELER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campbell Campsen Ceips Drummond Elliott Fair Hayes Jackson Knotts Leatherman Lourie Malloy Martin Massey McConnell O'Dell Peeler Rankin Reese Ritchie Scott Setzler Sheheen Thomas Williams
Bryant Cleary Cromer Ford Grooms Hutto Land Leventis Matthews Patterson Ryberg
Amendment P-2 was laid on the table.
Senators HUTTO and RYBERG proposed the following Amendment No. P-3 (JUD1070.011):
Amend the committee report, as and if amended, by striking the committee report in its entirety beginning on page [1070-1], line 24, and ending on page [1070-3], line 24, and inserting therein the following:
/ PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG AND I.Q. TESTING FOR A CANDIDATE FOR A POPULARLY-ELECTED, APPOINTED, OR JUDICIAL OFFICE IN THIS STATE.
Whereas, the Tenth Amendment to the United States Constitution allows the states to establish qualifications for candidates seeking state office; and
Whereas, the State of South Carolina has a demonstrated problem of drug use and abuse by a state official that has lead to a real, as opposed to a symbolic, special need to demonstrate to the citizens of the State that their officials will be fit to serve free from the influence of unlawful drugs; and
Whereas, the state official indicted for unlawful drug use was the State Treasurer, an officer entrusted with the responsibility for overseeing public finances in the State; and
Whereas, the significance of the State Treasurer's position in handling the state's finances, as well as serving on the State Budget and Control Board, has directed public concern to the issue of whether its officials in positions of trust can in fact be trusted in making the decisions necessary to keep the State fiscally sound; and
Whereas, in the past, resulting from the ramifications from Operation Lost Trust, a federal investigation of state officials in the 1990s that involved allegations of corruption and unlawful drug use, the General Assembly acted swiftly to institute reforms that led to some of the strictest government ethics legislation in the nation; and
Whereas, Operation Lost Trust and other investigations have shown the difficulty of prosecuting individuals in public office because they are interconnected with the prosecuting and judicial authorities that must consider the allegations; and
Whereas, the State has experienced significant disruption in the process of government from a statewide elected official being indicted for use of unlawful drugs, as well as the cost of conducting a special session to replace the official following his resignation; and
Whereas, due to the significant disruption of governmental processes, the public confidence in all statewide elected, appointed, and judicial officers has been seriously and detrimentally undermined to the extent that the General Assembly must provide for stricter qualifications to restore the faith of the state's citizens in their public officials' abilities to handle matters of public trust; and
Whereas, the imposition of a candidate drug test to qualify to serve in a state office does not diminish personal privacy for a symbol's sake, but to address an actual problem, as the General Assembly did in response to Operation Lost Trust; and
Whereas, through this joint resolution, the General Assembly seeks to restore public confidence and deter persons seeking to become candidates for any elected, appointed, or judicial office in the State from engaging in unlawful use of drugs, which is inconsistent with the highest standards of service and public trust that persons popularly-elected, appointed, or selected to serve
in office in South Carolina must exemplify. Now therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 10. (A) A person must not be popularly elected to an office in this State or its political subdivisions, appointed to an office by the Governor with or without the advice and consent of the Senate, or screened for or elected to a judicial office unless, at the time he files for or seeks appointment to the office, he has complied with testing for unlawful drugs and intelligence quotient (I.Q.) as prescribed by law by the General Assembly.
(B) A candidate for elected, appointed, or judicial office who either has not complied with or has a positive result from testing for unlawful drugs as prescribed by law by the General Assembly is prohibited from being a candidate for the office sought and his name must not be printed on the ballot or considered as a candidate for office. A candidate for elected, appointed, or judicial office who either has not complied with testing for I.Q. as prescribed by law by the General Assembly or who has received an I.Q. test score of less than 90, indicating less than normal intelligence on the Stanford-Binet scale, is prohibited from being a candidate for the office sought and his name must not be printed on the ballot or considered as a candidate for office.
(C) The General Assembly shall prescribe by law for the drug testing and I.Q. testing programs to comply with this section."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State be amended by adding Section 10 so as to prohibit a person who offers for a popularly-elected, appointed, or judicial office in this State from being a candidate unless he complies with and successfully passes a drug test for unlawful drugs and complies with and receives an I.Q. test score of 90 or greater in testing programs as prescribed by law by the General Assembly?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." //
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator HUTTO retaining the floor.
On motion of Senator CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Robert Lumpkin, former chief of staff and chief of surgery of Georgetown Memorial Hospital in Georgetown, S.C. Dr. Lumpkin, awarded the Order of the Palmetto by Gov. James Edwards in 1976, was active in community and state organizations spanning topics in agriculture, wildlife and medicine. Dr. Lumpkin is survived by his beloved wife, Sarah Parker Lumpkin, their three devoted children and seven loving grandchildren.
At 2:58 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1B.
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