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:
The prophet, Isaiah, states:
"Surely God is my salvation; I will trust, and will not be afraid, for the Lord God is my strength and my might; he has become my salvation." (Isaiah 12:2)
Let us pray:
On all sides, Lord, people call to us, wanting this, seeking that, desiring something more. At times it is truly overwhelming, even for those who have great experience as Your servants. Holy God, hear us this day as we affirm our ultimate trust in You and in Your faithfulness. Continue to bless this State we love and lead each Senator and every staff person to trust in Your strength and Your might, to remain faithful to Your will and to honor You as they dutifully serve others.
In Your gracious name we pray, Lord. Amen.
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:
Initial Appointment, South Carolina Public Charter School District Board of Trustees, with the term to commence July 1, 2008, and to expire July 1, 2010
South Carolina Association of Public School Administrators:
D. Wayne Brazell, Ph.D., Laurens County School District 56, 211 North Broad Street, Suite B, Clinton, SC 29325 VICE Dr. Valerie Truesdale
Referred to the Committee on Education.
Reappointment, South Carolina State Board of Financial Institutions, with the term to commence June 30, 2008, and to expire June 30, 2012
SC Bankers Association:
J. Neal Anderson, P.O. Box 400, Hemingway, SC 29554
Referred to the Committee on Banking and Insurance.
April 9, 2008
Mr. President and Members of the Senate:
I respectfully request withdrawal from your consideration the appointment listed below:
Respectfully,
Mark C. Sanford
Initial Appointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2008, and to expire June 30, 2014
At-Large:
Samuel F. Painter, 36 Stone Market Road, Columbia, SC 29212 VICE George N. Funderburk
On motion of Senator McCONNELL, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
Senator MARTIN introduced Dr. Larry R. Winn of Easley, S.C., Doctor of the Day.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following were introduced:
S. 1278 (Word version) -- Senator Cromer: A SENATE RESOLUTION CONGRATULATING MELISSA RAWL FOR BEING NAMED 2008 SECONDARY LEVEL ASSISTANT PRINCIPAL OF THE YEAR BY THE SECONDARY PRINCIPALS' DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
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The Senate Resolution was adopted.
S. 1279 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PRESIDENTIAL PREFERENCE PRIMARIES, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES FOR CERTIFIED POLITICAL PARTIES WHICH RECEIVED AT LEAST FIVE PERCENT OF THE POPULAR VOTE IN SOUTH CAROLINA FOR THE PARTY'S CANDIDATE FOR PRESIDENT OF THE UNITED STATES, EXCEPT WHEN A STATE COMMITTEE OF A POLITICAL PARTY DECIDES TO HOLD A PRESIDENTIAL PREFERENCE PRIMARY AS PROVIDED IN SECTION 7-11-25, AND IF MORE THAN ONE STATE COMMITTEE DECIDES TO HOLD A PRESIDENTIAL PREFERENCE PRIMARY, THE COMMITTEES MUST MUTUALLY SET A SINGLE DATE FOR THE PRESIDENTIAL PREFERENCE PRIMARY, THAT HAS A FILING DEADLINE NO LATER THAN SEVENTY-FIVE DAYS PRIOR TO THE PRESIDENTIAL PREFERENCE PRIMARY DATE, TO BE AGREED UPON BY JANUARY FIRST OF THE YEAR THE PRESIDENTIAL ELECTION IS TO BE HELD AND SUBMITTED TO THE STATE ELECTION COMMISSION, AND IF THE STATE COMMITTEES ARE NOT ABLE TO REACH AGREEMENT ON THE DATE FOR THE PRESIDENTIAL PREFERENCE PRIMARY, THEN THE PRESIDENTIAL PREFERENCE PRIMARY MUST BE HELD AS PROVIDED IN SECTION 7-13-40.
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Senator SHEHEEN spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1280 (Word version) -- Senator Massey: A SENATE RESOLUTION TO RECOGNIZE AND HONOR OSCAR L. KEMP FOR HIS SERVICE IN THE MIDLAND VALLEY AREA OF AIKEN COUNTY AND TO CONGRATULATE HIM FOR BEING NAMED MIDLAND VALLEY AREA CHAMBER OF COMMERCE CITIZEN OF THE YEAR.
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The Senate Resolution was adopted.
S. 1281 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2008, 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 CERTAIN MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
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On motion of Senator KNOTTS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1282 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO PROVIDE THAT A FINE OF FIFTY DOLLARS MUST BE IMPOSED, IN ADDITION TO ALL OTHER FINES, UPON A PERSON WHO VIOLATES THIS SECTION WHICH MUST BE USED TO ESTABLISH SCHOLARSHIPS AT THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE AND THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO TRAIN MEDICAL STUDENTS IN THE FIELD OF TRAUMA MEDICINE.
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Read the first time and referred to the Committee on Transportation.
S. 1283 (Word version) -- Senators Jackson, McConnell, Malloy, Cleary, Matthews, Scott, Patterson and Thomas: A BILL TO AMEND CHAPTER 52, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE SOUTH CAROLINA HOMEOWNERS' ASSOCIATION ACT.
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Read the first time and referred to the Committee on Judiciary.
S. 1284 (Word version) -- Senators Elliott, Sheheen and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND BOBBY T. JONES OF CAMDEN FOR THREE TERMS OF FAITHFUL SERVICE ON THE SOUTH CAROLINA TRANSPORTATION COMMISSION AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1285 (Word version) -- Senators Anderson, Fair, Thomas and Vaughn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNIVERSITY RIDGE IN THE CITY OF GREENVILLE FROM ITS INTERSECTION WITH CLEVELAND STREET TO ITS INTERSECTION WITH CHURCH STREET "WILFRED J. WALKER STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "WILFRED J. WALKER STREET".
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On motion of Senator ANDERSON, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
H. 4648 (Word version) -- Reps. Sellers, Brantley, Knight, Govan, Agnew, Alexander, Anderson, Anthony, Breeland, Clyburn, Hart, Hayes, Hosey, Howard, Jennings, Mitchell, Moody-Lawrence, J. H. Neal, Ott, Rutherford, Scott, F. N. Smith, McLeod and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "REDUCTION OF RACIAL AND ETHNIC HEALTH DISPARITIES ACT" BY ADDING CHAPTER 119 TO TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SUBJECT TO FUNDS BEING APPROPRIATED, SHALL DEVELOP A GRANT PROGRAM TO PROVIDE FUNDING TO COUNTIES FOR THE DEVELOPMENT OF COMMUNITY AND NEIGHBORHOOD PROJECTS TO IMPROVE THE HEALTH OUTCOMES OF RACIAL AND ETHNIC POPULATIONS; TO PROVIDE FOR THE DUTIES OF THE DEPARTMENT IN CARRYING OUT ITS RESPONSIBILITIES UNDER THIS CHAPTER; TO ESTABLISH GRANT PROPOSAL CRITERIA; AND TO PROVIDE THAT FUNDING FOR THIS GRANT PROGRAM IS TO SUPPLEMENT, NOT SUPPLANT, EXISTING RACIAL AND ETHNIC HEALTH DISPARITIES PROGRAMS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4713 (Word version) -- Rep. White: A BILL TO AMEND SECTION 25-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE VETERANS' CEMETERIES AND QUALIFICATIONS TO RECEIVE A PLOT IN A STATE VETERANS' CEMETERY, SO AS TO REDUCE FROM TWENTY YEARS TO EIGHT YEARS THE TIME A VETERAN MUST HAVE BEEN A RESIDENT OF THIS STATE IN ORDER TO MEET ONE OF THE QUALIFICATIONS.
Read the first time and referred to the General Committee.
H. 4725 (Word version) -- Reps. Harrell, Scarborough, Harrison, Merrill, Clemmons, Haley, Cotty, Erickson and Taylor: A BILL TO AMEND SECTION 7-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO PROVIDE THAT THE NAME OF EACH CANDIDATE SHALL APPEAR ON A BALLOT NO MORE THAN ONE TIME, AND IF A CANDIDATE IS NOMINATED BY MULTIPLE PARTIES OR PETITIONS, THE NAME OF EACH PARTY OR PETITION NOMINATING THE CANDIDATE MUST BE LISTED UNDER THE CANDIDATE'S NAME.
Read the first time and referred to the Committee on Judiciary.
H. 4845 (Word version) -- Reps. Neilson, Bales, Lucas and Williams: A BILL TO AMEND SECTION 44-61-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRAUMA ADVISORY COUNCIL, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO ADD AN ORTHOPEDIC PHYSICIAN AND A PEDIATRIC PHYSICIAN TO THE COUNCIL.
Read the first time and referred to the Committee on Medical Affairs.
H. 4861 (Word version) -- Rep. Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-367 SO AS TO REQUIRE CHESTERFIELD COUNTY ELECTION COMMISSION TO PREPARE ONE BALLOT FOR ALL ELECTIONS WHEN A NONPARTISAN SCHOOL ELECTION IS HELD ON THE SAME DAY AS ANOTHER ELECTION.
Read the first time and referred to the Committee on Judiciary.
H. 4931 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NONPUBLIC POSTSECONDARY INSTITUTION LICENSING, USE OF SURETY BOND FUNDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3170, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4932 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4933 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO FREE TUITION FOR RESIDENTS SIXTY YEARS OF AGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3143, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4934 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4935 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4995 (Word version) -- Reps. Hutson, Harrell, Knight and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE SUMMERVILLE HIGH SCHOOL BOYS BASKETBALL TEAM FOR A WINNING SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5005 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND WILLIAM REESE UPON THE OCCASION OF HIS FIFTY-FOURTH ANNIVERSARY AS FOUNDING PASTOR OF LAKESIDE BAPTIST CHURCH IN AIKEN COUNTY AND TO CONGRATULATE HIM UPON THE OCCASION OF HIS RETIREMENT ON MAY 18, 2008.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5006 (Word version) -- Reps. Hutson, Harrell, Knight and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE PINEWOOD PREPARATORY SCHOOL BOYS BASKETBALL TEAM FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO CONGRATULATE THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF ON AN OUTSTANDING SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
S. 145 (Word version) -- Senators Malloy, Cleary, McConnell, Ford, Rankin, Knotts, Vaughn, Campsen, Mescher and Fair: A BILL TO AMEND SECTION 59-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE REGULATIONS CONCERNING APPLICATION FOR THE GENERAL EDUCATION DEVELOPMENT (GED) DIPLOMA ALLOW CANDIDATES TO BE SIXTEEN YEARS OF AGE OR OLDER.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 530 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2007, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2007-2008 ONLY.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
S. 1207 (Word version) -- Senators Matthews, Patterson, Williams, Anderson and Jackson: A BILL TO AMEND SECTION 59-127-20 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS TO THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES, TO PROVIDE THAT NINE MEMBERS OF THE BOARD ARE ELECTED BY THE GENERAL ASSEMBLY, ONE FROM EACH CONGRESSIONAL DISTRICT AND THREE FROM THE STATE AT LARGE, AND TO PROVIDE THAT THE SOUTH CAROLINA STATE UNIVERSITY ALUMNI ASSOCIATION ELECTS THREE MEMBERS OF THE BOARD OF TRUSTEES.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Invitations polled out S. 1251 favorable:
S. 1251 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 4, 2008, AND FRIDAY, DECEMBER 5, 2008, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 4800) -- Ways and Means Committee: GENERAL APPROPRIATION BILL 2008 - 2009 TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Invitations polled out H. 4872 favorable:
H. 4872 (Word version) -- Reps. Kirsh, Simrill, Gullick, Moody-Lawrence, Delleney and Mulvaney: 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.
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
H. 4872 (Word version) -- Reps. Kirsh, Simrill, Gullick, Moody-Lawrence, Delleney and Mulvaney: 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.
Senator HAYES asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
On motion of Senator HAYES, with unanimous consent, the Concurrent Resolution was adopted and ordered returned to the House.
Senator KNOTTS from the Committee on Invitations polled out H. 4897 favorable:
H. 4897 (Word version) -- Rep. Gullick: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CHARITABLE WORK OF THE SOUTH CAROLINA LIONS INTERNATIONAL, AND TO SET ASIDE APRIL 13 TO APRIL 20, 2008, AS LIONS WEEK IN SOUTH CAROLINA IN HONOR OF THE SOUTH CAROLINA LIONS CONVENTION TO BE HELD FROM APRIL 17 TO APRIL 20, 2008.
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Invitations polled out H. 4906 favorable:
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.
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Ordered for consideration tomorrow.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 10, 2008, at 11:40 A.M. and the following Acts and Joint Resolutions were ratified:
(R225, S. 9 (Word version)) -- Senators Hayes, Campsen, Sheheen, McConnell, Mescher, McGill, Knotts, Fair and Elliott: AN ACT TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN AND THE APPOINTMENT OF GUARDIANS AD LITEM, SO AS TO PROVIDE THAT AN ATTORNEY GUARDIAN AD LITEM WHO IS APPOINTED BY THE COURT SHALL SERVE AS BOTH THE GUARDIAN AD LITEM AND LEGAL COUNSEL; AND TO AMEND SECTION 15-78-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TORT CLAIMS ACT, SO AS TO AMEND THE DEFINITION OF THE TERM "EMPLOYEE" TO INCLUDE A COURT APPOINTED REPRESENTATIVE.
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(R226, S. 883 (Word version)) -- Senators Cleary and Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-105 SO AS TO PROVIDE THAT THE TWELFTH DAY OF MAY OF EACH YEAR IS DESIGNATED AS "FIBROMYALGIA AWARENESS DAY" TO EDUCATE EMPLOYERS, PHYSICIANS, AND CITIZENS OF SOUTH CAROLINA OF THE DEBILITATING EFFECTS OF FIBROMYALGIA.
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(R227, S. 741 (Word version)) -- Senator Courson: AN ACT TO AMEND SECTION 27-18-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOCKS AND OTHER INTANGIBLE OWNERSHIP INTERESTS IN A BUSINESS ASSOCIATION EVIDENCED BY RECORDS AVAILABLE TO THE ASSOCIATION, SO AS TO REDUCE THE DORMANCY PERIOD FOR STOCK OR OTHER EQUITY INTERESTS IN THE ASSOCIATION FROM SEVEN TO THREE YEARS, AND TO CHANGE THE CRITERIA FOR CALCULATING WHETHER A STOCK OR SECURITY INTEREST IS UNCLAIMED; TO AMEND SECTION 27-18-250, RELATING TO THE PROCEDURE FOR PROCESSING CLAIMS TO PROPERTY PAID OR DELIVERED TO THE STATE TREASURER AND THE METHOD FOR RECOVERY OF INTEREST ON PROPERTY, SO AS TO CORRECT AN ARCHAIC REFERENCE, AND TO AMEND SECTION 27-18-350, RELATING TO INTEREST AND PENALTIES FOR VIOLATION OF CHAPTER 18, TITLE 27, SO AS TO REVISE THE CIVIL PENALTY FOR A PERSON WHO FAILS TO FILE A REPORT OR PERFORM OTHER DUTIES PURSUANT TO THIS CHAPTER.
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(R228, S. 1047 (Word version)) -- Senators Grooms, Campbell and Campsen: AN ACT TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO CREATE NEW PRECINCTS, REDESIGNATE AND RENAME CERTAIN PRECINCTS, AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
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(R229, S. 1033 (Word version)) -- Senators Cromer and Campsen: AN ACT TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-710 TO DESIGNATE THE COLOR INDIGO BLUE AS THE OFFICIAL COLOR OF THE STATE OF SOUTH CAROLINA.
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(R230, S. 368 (Word version)) -- Senators Ritchie, McConnell, Courson, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary, Setzler and Alexander: AN ACT TO AMEND SECTION 1-11-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FLEET MANAGEMENT PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM SHALL SEEK TO IMPROVE ENVIRONMENTAL QUALITY BY DECREASING THE DISCHARGE OF POLLUTANTS; AND TO AMEND SECTION 1-11-310, RELATING TO THE ACQUISITION OF THE STATE FLEET, SO AS TO PROVIDE THAT PREFERENCE MUST BE GIVEN TO HYBRID, PLUG-IN HYBRID, BIO-DIESEL, HYDROGEN, FUEL CELL, OR FLEX-FUEL VEHICLES WHEN PERFORMANCE, QUALITY, AND LIFE CYCLE COSTS ARE COMPARABLE TO OTHER AVAILABLE VEHICLES.
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(R231, S. 1229 (Word version)) -- Senator Leventis: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JULY 1, 2011, THE BOARDS OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MAY NOT ENTER INTO CONTRACTS TO CONSTRUCT BUILDINGS OR OTHERWISE IMPROVE REAL PROPERTY AT A COST OF FIVE HUNDRED THOUSAND DOLLARS OR MORE WITHOUT THE APPROVAL OF THE SUMTER CONSOLIDATION TRANSITION COMMITTEE.
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(R232, S. 1209 (Word version)) -- Senator Patterson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 10, 2007, BY THE STUDENTS OF GREENVIEW ELEMENTARY SCHOOL WHEN THE SCHOOL WAS CLOSED DUE TO A COLLAPSED CEILING, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER DISRUPTIONS BE MADE UP.
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(R233, S. 936 (Word version)) -- Senators McConnell, Hayes, Martin, Thomas, O'Dell, Ford and Knotts: AN ACT 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.
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(R234, H. 3496 (Word version)) -- Reps. G.M. Smith, Harrison, Cotty, Shoopman, Duncan, Davenport, Leach, Haley, Huggins, McLeod, G.R. Smith, F.N. Smith, Allen, Bales, Ballentine, Barfield, Bingham, Bowen, Brady, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Hamilton, Hardwick, Harrell, Harvin, Haskins, Herbkersman, Hinson, Hiott, Jefferson, Kirsh, Knight, Littlejohn, Loftis, Lucas, Merrill, Moss, Neilson, Ott, Parks, Pinson, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scarborough, Scott, Simrill, Skelton, D.C. Smith, J.R. Smith, Spires, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: AN ACT TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS WITH REGARD TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERMS "OPERATOR", "VEHICLE", AND "DRIVER"; TO AMEND SECTION 56-1-286, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, OR THE DENIAL OF THE ISSUANCE OF A LICENSE OR A PERMIT TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS OPERATED A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, SO AS TO DELETE THE TERM "PROBABLE CAUSE TO BELIEVE" AND REPLACE IT WITH THE TERM "REASONABLE SUSPICION", TO DELETE THE TERM "STATE LAW ENFORCEMENT DIVISION AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY", TO DELETE THE PROVISION THAT REQUIRES THE RECORDING OF THE PERIOD PRIOR TO THE ADMINISTRATION OF A BREATH TEST BY A PRIMARY INVESTIGATING OFFICER, TO PROVIDE THAT A PERSON MUST PAY FOR THE COST OF A BREATH TEST FOR A CONVICTION OF CERTAIN PROVISIONS OF LAW, TO PROVIDE FOR THE DISBURSEMENT OF THESE FUNDS, TO PROVIDE THAT A TEST TO DETERMINE WHETHER A PERSON IS UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE MAY NOT BE TAKEN UNLESS THE TESTING PROCEDURE IS VIDEO RECORDED AND THE PERSON HAS BEEN INFORMED IN A VERBAL AND WRITTEN FORM OF CERTAIN RIGHTS THAT HE POSSESSES, TO DELETE THE TERM "ALCOHOL RESTRICTED LICENSE" AND REPLACE IT WITH THE TERM "ALCOHOL LICENSE", TO MAKE A TECHNICAL CHANGE, TO DELETE PROVISION THAT REQUIRES THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER A REQUEST FOR A HEARING IS RECEIVED BY THE DIVISION OF MOTOR VEHICLE HEARINGS, TO DELETE THE PROVISION THAT REQUIRES THE DIVISION OF MOTOR VEHICLE HEARINGS TO ISSUE AN ORDER THAT CONTAINS THE REASONS WHY AN ADMINISTRATIVE HEARING WAS NOT HELD AND TO REINSTATE A PERSON'S PRIVILEGE TO OPERATE A VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE SCOPE OF AN ADMINISTRATIVE HEARING, AND TO DELETE THE PROVISION THAT REQUIRES THE DIVISION OF MOTOR VEHICLE HEARINGS TO ISSUE ITS WRITTEN ORDERS WITHIN THIRTY DAYS AFTER THE CONCLUSION OF AN ADMINISTRATIVE HEARING; TO AMEND SECTION 56-1-748, RELATING TO PERSONS WHO ARE INELIGIBLE TO RECEIVE A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A RESTRICTED LICENSE PURSUANT TO SECTION 56-5-2951(H) MAY NOT OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THIS PROVISION, AND TO DELETE THE TERM "SPECIAL RESTRICTED DRIVER'S LICENSE" AND TO REPLACE IT WITH THE TERM "RESTRICTED DRIVER'S LICENSE"; TO AMEND SECTION 56-5-2930, RELATING TO THE UNLAWFUL OPERATION OF A MOTOR VEHICLE BY A PERSON UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION IS GUILTY OF THE OFFENSE OF DRIVING UNDER THE INFLUENCE AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION, TO PROVIDE FOR THE DISBURSEMENT OF FINES IMPOSED PURSUANT TO THIS SECTION, TO REQUIRE A PERSON WHO VIOLATES THIS SECTION TO ENROLL IN AND SUCCESSFULLY COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM WHOSE COSTS MUST BE BORNE BY THE PERSON, TO PROVIDE THAT A PERSON WHO IS UNABLE TO PAY FOR THE ALCOHOL TREATMENT SERVICES SHALL COMPLETE A COMMUNITY SERVICE PROGRAM, TO PROVIDE THAT A PERSON MAY BE HELD IN CONTEMPT OF COURT FOR FAILURE TO ENROLL IN OR MAKE PROGRESS TOWARD COMPLETING THE PROGRAM, TO PROVIDE THAT A PERSON WHO HAS VIOLATED THIS SECTION ALSO MAY BE PROSECUTED UNDER SECTION 56-5-2933 UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION IS ENTITLED TO A JURY TRIAL AND IS AFFORDED THE RIGHT TO CHALLENGE CERTAIN FACTORS AND INTRODUCE CERTAIN TYPES OF EVIDENCE, TO PROVIDE THAT CERTAIN OFFENSES CONTAINED IN THIS SECTION MAY BE TRIED IN MAGISTRATE'S COURT, TO PLACE CERTAIN RESPONSIBILITIES UPON THE FINDER OF FACT AND THE JUDGE IN CASES IN WHICH ENHANCED PENALTIES FOR HIGHER LEVELS OF ALCOHOL CONCENTRATION MAY BE APPLICABLE; TO AMEND SECTION 56-5-2933, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO REVISE THE PENALTIES FOR A VIOLATION OF THIS SECTION, TO PROVIDE FOR THE DISBURSEMENT OF FINES IMPOSED PURSUANT TO THIS SECTION, TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION MUST ENROLL IN AND SUCCESSFULLY COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, TO PROVIDE THAT A PERSON IS UNABLE TO PAY FOR THE COST OF PROGRAM SHALL PERFORM COMMUNITY SERVICE, TO PROVIDE THAT A PERSON MAY BE HELD IN CONTEMPT OF COURT FOR FAILURE TO ENROLL IN A TREATMENT PROGRAM OR MAKE PROGRESS TOWARD COMPLETING THE PROGRAM, TO REVISE THE CIRCUMSTANCES IN WHICH A PERSON WHO IS CHARGED FOR A VIOLATION OF SECTION 56-5-2930 MAY BE PROSECUTED PURSUANT TO THIS SECTION, TO DELETE THE PROVISION THAT PROVIDES THAT THIS SECTION DOES NOT APPLY TO CASES ARISING OUT OF A STOP AT A TRAFFIC ROADBLOCK OR DRIVER'S LICENSE CHECKPOINT, TO REVISE FACTORS THAT MAY BE CHALLENGED DURING A JURY TRIAL BY A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION, TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT ENTITLES A PERSON CHARGED WITH A VIOLATION OF THIS SECTION CERTAIN JURY INSTRUCTIONS, TO REVISE THE TYPES OF EVIDENCE THAT MAY BE PRESENTED BY A PERSON WHO VIOLATES THIS SECTION, TO REVISE TIME PERIOD IN WHICH A PERSON CHARGED WITH A VIOLATION OF THIS SECTION MUST BE GIVEN NOTICE OF INTENT TO PROSECUTE, TO PROVIDE THAT CERTAIN OFFENSES IN THIS SECTION MAY BE TRIED IN MAGISTRATE'S COURT, AND TO PROVIDE INSTRUCTIONS FOR THE FINDER OF FACT AND JUDGE IN CASES IN WHICH ENHANCE PENALTIES FOR HIGHER LEVELS OF ALCOHOL CONCENTRATION MAY BE APPLICABLE; TO AMEND SECTION, RELATING TO THE RIGHT TO COMPULSORY PROCESS, SO AS TO PROVIDE THAT SLED MUST PRODUCE ALL BREATH TESTING SOFTWARE, AND TO DELETE THE PROVISIONS THAT PROVIDE WHEN THE ATTENDANCE AT CERTAIN PROCEEDINGS OF PERSONS CHARGED WITH MAINTENANCE OF BREATH TESTING DEVICES MUST BEGIN, AND THE PROVISIONS THAT REQUIRE AN ARRESTING OFFICER TO INFORM A DEFENDANT OF HIS RIGHT TO ALL HEARINGS PROVIDED BY LAW FOR A VIOLATION OF CERTAIN PROVISIONS THAT MAKES IT ILLEGAL TO OPERATE A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE; TO AMEND SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE OWNED BY A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO DELETE THE TERM "SENTENCING" AND REPLACE IT WITH THE TERM "RECEIPT OF A CONVICTION BY THE DEPARTMENT FROM THE COURT" AND THE TERM "COURT" AND REPLACE IT WITH THE TERM "DEPARTMENT", REVISE THE PROCEDURES IN WHICH VEHICLES THAT BELONG TO A PERSON WHO IS SUBJECT TO THIS PROVISION ARE IDENTIFIED; TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT RELATES TO FALSIFYING A REPORT CONCERNING VEHICLES OWNED OR REGISTERED TO A PERSON SUBJECT TO THIS SECTION, TO INCREASE THE FEE THAT MUST BE ASSESSED AGAINST A PERSON FOR EACH VEHICLE SUBJECT TO THIS SECTION, AND TO PROVIDE THAT CERTAIN CONVICTIONS UNDER SECTION 56-5-2933 MUST BE CONSIDERED PRIOR OFFENSES UNDER SECTION 56-5-2930; TO AMEND SECTION 56-5-2945, RELATING TO THE OFFENSE OF CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO MAKE TECHNICAL CHANGES, TO DELETE THE TERM "FELONY" AND REPLACE IT WITH THE TERM "FELONY DRIVING UNDER THE INFLUENCE", AND TO REVISE THE PENALTY PROVISIONS; TO AMEND SECTION 56-5-2950, RELATING TO A DRIVER'S IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE WHEN BREATH SAMPLES MUST BE COLLECTED UNDER THIS PROVISION, TO DELETE THE PROVISION THAT PROVIDES THAT AN OFFICER MAY NOT REQUIRE ADDITIONAL TESTS OF A PERSON UNDER CERTAIN CIRCUMSTANCES, TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY", TO REVISE THE PROVISIONS THAT PROVIDE THE PROCEDURES FOR ADMINISTERING BREATH TESTS OR OBTAINING SAMPLES, TO REVISE THE INFORMATION THAT A PERSON CHARGED WITH VIOLATING THIS PROVISION MUST BE GIVEN, TO PROVIDE THE CIRCUMSTANCES IN WHICH A PERSON MUST PAY FOR THE COST OF TESTS PERFORMED UNDER THIS SECTION AND PROVIDE FOR THE DISBURSEMENT OF THESE MONIES, TO DELETE THE PROVISION THAT PROVIDES THAT A CERTAIN LEVEL OF ALCOHOL CONCENTRATION IS A VIOLATION OF SECTION 56-5-2933, AND TO REVISE THE CIRCUMSTANCES IN WHICH CERTAIN EVIDENCE MAY BE EXCLUDED IN A PROCEEDING THAT OCCURS UNDER THIS SECTION; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE, SO AS TO DELETE THE TERM "ALCOHOL RESTRICTED LICENSE" AND REPLACE IT WITH THE TERM "ALCOHOL LICENSE", TO DELETE THE TERM "SPECIAL RESTRICTED LICENSE" AND REPLACE IT WITH THE TERM "RESTRICTED LICENSE", TO REVISE THE PERIOD IN WHICH AN ADMINISTRATIVE HEARING MUST BE HELD, TO DELETE THE PROVISION THAT CONTAINS THE DUTIES OF THE DIVISION OF MOTOR VEHICLE HEARINGS WHEN IT FAILS TO HOLD CERTAIN HEARINGS IN A TIMELY MANNER, TO REVISE THE SCOPE OF A HEARING HELD UNDER THIS SECTION, TO DELETE THE PROVISION THAT PROVIDES A DEADLINE FOR THE ISSUANCE OF AN ORDER BY THE DIVISION OF MOTOR VEHICLE HEARINGS, TO INCREASE THE PERIOD OF TIME A PERSON'S PRIVILEGE TO DRIVE MAY BE SUSPENDED UNDER THIS PROVISION, TO PROVIDE THAT AN INSURER MAY NOT CANCEL THE AUTOMOBILE INSURANCE OF A PERSON WHO IS CHARGED WITH CERTAIN OFFENSES UNDER THIS SECTION, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2953, RELATING TO THE VIDEOTAPING OF A PERSON CHARGED WITH DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE AT THE INCIDENT SITE AND THE BREATH TESTING SITE, SO AS TO MAKE THE TECHNICAL CHANGES, AND REVISE THE PROCEDURE THAT MUST BE FOLLOWED WHEN AN INCIDENT SITE AND BREATH TEST SITE ARE VIDEO RECORDED; TO AMEND SECTION 56-5-2954, RELATING TO BREATH TESTING SITES, SO AS TO PROVIDE THAT CERTAIN RECORDS CONCERNING OPERATIONS AT A BREATH TEST SITE MUST BE ELECTRONICALLY RECORDED AND MADE AVAILABLE TO SLED; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO CERTAIN HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IN A CONTESTED CASE IS BY A PREPONDERANCE OF THE EVIDENCE, TO DELETE THE TERM "PETITION FOR JUDICIAL REVIEW" AND TO DELETE THE TERM "FILED" AND REPLACE IT WITH THE TERM "APPEALED"; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE HIRING OF A LAW CLERK, THE PROVISION THAT RELATES TO THE BUDGET AND CONTROL BOARD'S ROLE IN CREATING THE DIVISION OF MOTOR VEHICLE HEARINGS, THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE LOCATIONS FOR HEARINGS, AND THE PROVISION THAT MAKES THE CHIEF JUDGE RESPONSIBLE FOR ADJUDICATING CERTAIN CASES, TO PROVIDE THAT THE STATE ETHICS COMMISSION IS RESPONSIBLE FOR ENFORCEMENT AND ADMINISTRATION OF RULES AND ISSUANCE OF CERTAIN OPINIONS REGARDING ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS; TO AMEND SECTION 56-1-1090, AS AMENDED, RELATING TO THE ISSUANCE OF DRIVER'S LICENSES TO HABITUAL OFFENDERS, SO AS TO DELETE THE TERM "MAGISTRATE" AND REPLACE IT WITH THE TERM "OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS", TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST PROMULGATE CERTAIN REGULATIONS UNDER THIS SECTION; TO AMEND SECTION 56-5-2949, RELATING TO POLICIES, PROCEDURES, AND REGULATIONS ON THE SLED INTERNET WEB SITE CONCERNING BREATH ALCOHOL TESTING, BREATH SITE VIDEOTAPING, AND IGNITION INTERLOCK, SO AS TO DELETE THE TERMS "VIDEOTAPING" AND "IGNITION INTERLOCK", AND TO REPLACE THEM WITH THE TERM "VIDEO RECORDING"; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS WHO MUST NOT BE CONSIDERED FOR INTERVENTION, SO AS TO DELETE THE TERM "INTOXICATING LIQUOR OR DRUGS" AND TO INCLUDE THE TERM "DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-365, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE, SO AS TO INCREASE THE PERIOD OF TIME THAT A PERSON WHO HOLDS A CERTIFICATE MAY OPERATE A MOTOR VEHICLE; TO AMEND SECTION 56-1-430, RELATING TO THE APPEAL FROM A CONVICTION OF AN OFFENSE THAT MAKES THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE MANDATORY, SO AS TO PROVIDE THAT AN APPEAL TAKEN FROM THE CONVICTION ACTS AS A SUPERSEDEAS AND PRECLUDES FOR SIX MONTHS FROM THE DATE OF CONVICTION A SUSPENSION OR REVOCATION; TO AMEND SECTION 56-5-2947, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES SECTION 56-5-2933 IS GUILTY OF CHILD ENDANGERMENT; AND TO REPEAL SECTIONS 56-5-2940 AND 56-5-3000, RELATING TO PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND THE PUBLICATION OF THE NAMES OF PERSONS WHOSE DRIVER'S LICENSES HAVE BEEN SUSPENDED.
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(R235, 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: AN ACT TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO RESTRICT THE CIRCUMSTANCES UPON WHICH THE STATE LAW ENFORCEMENT DIVISION (SLED) MAY RELEASE ITS LIST OF PERMIT HOLDERS, TO PROVIDE THAT A PERSON WHO POSSESSES A LIST OF PERMIT HOLDERS OBTAINED FROM SLED MUST DESTROY THE LIST, AND TO PROVIDE THAT DURING THE FIRST MONTH OF EACH YEAR, SLED MUST PUBLISH A REPORT THAT CONTAINS CERTAIN INFORMATION REGARDING PERMITS ISSUED, RENEWED, DENIED, SUSPENDED, AND REVOKED DURING THE PREVIOUS YEAR.
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S. 1274 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION CONGRATULATING WANDO HIGH SCHOOL BAND FOR RECEIVING THE 2007 JOHN PHILIP SOUSA FOUNDATION'S "SUDLER FLAG OF HONOR" AWARD.
Returned with concurrence.
Received as information.
S. 1275 (Word version) -- Senators Patterson, Jackson and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE WORK OF NURSE JEAN SANDERS HOPKINS, A CHERISHED CITIZEN OF RICHLAND COUNTY UPON THE OCCASION OF HER SEVENTY-SEVENTH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF PROSPERITY AND HAPPINESS.
Returned with concurrence.
Received as information.
Columbia, S.C., April 10, 2008
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby the House sustained the veto on R.217, H. 3632, and has sustained the veto by the Governor on R.217, H. 3632 by a vote of 67 to 39:
(R217, H3632 (Word version)) -- Reps. Chalk, Haskins, Brantley, Bales, Harvin, Jefferson, Littlejohn, Mahaffey, Moss, Neilson, J.R. Smith and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-25 SO AS TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY REQUIRE STATE AND NATIONAL CRIMINAL RECORDS CHECKS OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING AND TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SUCH CRIMINAL RECORDS CHECKS IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING OF A LICENSEE; AND BY ADDING SECTION 40-33-39 SO AS TO REQUIRE A LICENSED NURSE TO WEAR AN IDENTIFICATION BADGE BEARING THE NURSE'S NAME AND TITLE.
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, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4844 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT.
By prior motion of Senator WILLIAMS
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.
H. 4450 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-840 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL MAINTAIN ALL PROPERTY AND VEGETATION UNDER ITS CONTROL AT EXIT 90 ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY AND ALLOW PERSONS WHO OWN LAND ADJACENT TO THIS PROPERTY TO ASSIST THE DEPARTMENT IN MEETING THE REQUIREMENTS OF THIS SECTION.
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.
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.
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.
H. 3853 (Word version) -- Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M.A. Pitts, Spires and Bowers: A BILL TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.
Senator CAMPSEN explained the Bill.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 1131 (Word version) -- Senator Thomas: A BILL TO AMEND SECTIONS 38-43-20, 38-43-70, BOTH AS AMENDED, 38-43-75, 38-43-80, AS AMENDED, 38-43-100, 38-43-101, BOTH AS AMENDED, 38-43-102, 38-43-106, 38-43-107, 38-43-110, AND 38-43-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO INSURANCE PRODUCERS AND AGENCIES, SO AS TO CLARIFY LANGUAGE THAT AN EMPLOYEE OF A LICENSED PRODUCER WHO PERFORMS ONLY CLERICAL DUTIES MAY NOT SIGN AN APPLICATION FOR INSURANCE; TO PROVIDE THAT UNLESS DENIED LICENSURE A NONRESIDENT PERSON SHALL RECEIVE A NONRESIDENT PRODUCER'S LICENSE WITH THE SAME LINES OF AUTHORITY HELD IN THE PRODUCER'S HOME STATE; TO PROVIDE THAT LIMITED LINE INSURANCE INCLUDES CREDIT INSURANCE; TO PROVIDE FOR THE DEFINITION OF "BIENNIAL APPOINTMENT FEE", PROVIDE FOR THE PAYMENT OF THE FEE IF REJECTED BY A BANK, DELETE THE ADMINISTRATIVE FEE, AND AUTHORIZE PAY OF FEES BY A CREDIT OR DEBIT CARD; TO REQUIRE ALL APPLICANTS FOR A PRODUCER'S LICENSE TAKE AN EXAMINATION AND DELETE THE WAIVER OR EXEMPTION FOR CERTAIN APPLICANTS; TO PROVIDE THAT A PRODUCER MAY NOT TAKE THE SAME CONTINUING EDUCATION COURSE AND CASUALTY-LICENSED INSURANCE PRODUCER COURSE FOR CONTINUING EDUCATION CREDIT MORE THAN ONE TIME IN A BIENNIAL COMPLIANCE PERIOD AND PROVIDE FOR THE NONWAIVER OF CONTINUING EDUCATION REQUIREMENTS; TO PROVIDE THAT INDIVIDUAL LICENSES CONTINUE ON A BIENNIAL BASIS ON THE LICENSEE'S MONTH OF BIRTH; AND TO REDEFINE THE ELEMENTS OF "DECEIVE OR DEALT UNJUSTLY WITH THE CITIZENS OF THE STATE"; TO AMEND SECTIONS 38-45-20, 38-45-30, BOTH AS AMENDED, AND SECTION 38-45-90, ALL RELATING TO BROKERS AND SURPLUS LINES, SO AS TO REQUIRE A PROPERTY AND CASUALTY-LICENSED INSURANCE PRODUCER TO PASS THE SOUTH CAROLINA BROKER LICENSING EXAMINATION IN ORDER TO BE LICENSED AS A BROKER AND TO PROVIDE PAYMENT OF THE BROKER'S PREMIUM TAX; AND TO REPEAL SECTION 38-43-105 RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS.
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.
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.
Senator RITCHIE explained the Bill.
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.
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.
S. 111 (Word version) -- Senators Leventis, Knotts and Scott: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS WEIGHT OR SIZE.
S. 981 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 57-5-10 OF THE 1976 CODE, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS, TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM, TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, TO PROVIDE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A COUNTY, MUNICIPALITY, SCHOOL, OR OTHER GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN HIGHWAY SYSTEM, AND TO REPEAL SECTION 57-5-90, RELATING TO BELT LINES AND SPURS.
S. 996 (Word version) -- Senators Ceips, Grooms and Cleary: A BILL TO AMEND CHAPTER 15 OF TITLE 57 OF THE 1976 CODE, RELATING TO PROVISIONS AFFECTING FERRIES ONLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS LOCATED WITHIN THE COUNTY NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT GOVERNING BODIES OF ADJOINING COUNTIES MAY ENTER INTO AN AGREEMENT TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS THAT LIE WITHIN EACH COUNTY THAT ARE NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION AND COUNTY GOVERNING BODIES MAY ENTER INTO AGREEMENTS WITH PRIVATE ENTITIES TO FINANCE, IN WHOLE OR IN PART, THE COST OF ACQUIRING, EQUIPPING, MAINTAINING, AND OPERATING A PUBLIC FERRY, TO ESTABLISH CERTAIN MINIMUM SAFETY REQUIREMENTS, TO ALLOW FOR PRIVATE CONTRIBUTIONS FOR FERRY OPERATION AND MAINTENANCE, AND TO PROVIDE FOR A FERRY ON THE INTRACOASTAL WATERWAY IN GEORGETOWN COUNTY.
S. 1252 (Word version) -- Senators Leatherman and Peeler: A BILL TO AMEND SECTION 2-75-30 OF THE 1976 CODE, RELATING TO THE CENTERS OF EXCELLENCE MATCHING ENDOWMENT, TO PROVIDE THAT THE INTEREST EARNINGS IN THE FUND MAY BE USED AT THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD'S DISCRETION FOR ADDITIONAL STATE AWARDS.
S. 1264 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE CHIEF INTERNAL AUDITOR OF THE DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1265 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE COMMISSIONERS OF PILOTAGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1266 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE THE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO THE SECRETARY OF TRANSPORTATION'S APPROVAL OF CERTAIN ACTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3168, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1227 (Word version) -- Senator Land: A BILL TO AMEND SECTION 30-5-10 AND 30-5-12 OF THE 1976 CODE, RELATING TO THE REGISTER OF DEEDS, TO ADD CLARENDON COUNTY TO THE LIST OF COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT AND TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL APPOINT THE REGISTER OF DEEDS.
By prior motion of Senator LAND, with unanimous consent
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.
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 (JUD3798.004), which was adopted:
Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting therein:
/ SECTION 1. Section 20-1-20 of the 1976 Code is amended to read:
"Section 20-1-20. Only ministers of the Gospel or, accepted Jewish rabbis and, officers authorized to administer oaths in this State, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs pursuant to Section 1-31-40 and who is authorized to administer oaths, are authorized to administer a marriage ceremony in this State." /
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. 1242 (Word version) -- Senators Leatherman, Cleary, Short and Hayes: A BILL TO ESTABLISH THE SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION, TO PROVIDE FOR THE COMMISSION'S MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE THAT THE COMMISSION MUST CONDUCT A COMPREHENSIVE STUDY OF THE STATE'S TAX SYSTEM AND SUBMIT A REPORT OF ITS RECOMMENDED CHANGES TO FURTHER THE GOAL OF MAINTAINING AND ENHANCING THE STATE AS AN OPTIMUM COMPETITOR IN THE EFFORT TO ATTRACT BUSINESSES AND INDIVIDUALS TO LOCATE, LIVE, WORK, AND INVEST IN THE STATE, AND TO PROVIDE FOR PROCEDURES GOVERNING THE CONSIDERATION OF LEGISLATION RESULTING FROM THE COMMISSION'S RECOMMENDATIONS.
Having voted on the prevailing side, Senator MARTIN asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given second reading.
There was no objection.
The Bill was returned to the Second Reading Calendar.
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.
Senator CAMPSEN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator CAMPSEN asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Having received the requisite number of votes under the provisions of Rule 26B, Amendment No. 1 was taken up for immediate consideration.
Senator CAMPSEN asked unanimous consent to make a motion to take up Amendment No. 3 for immediate consideration.
There was no objection.
Senators CAMPSEN and McCONNELL proposed the following Amendment No. 3 (11R003.GEC), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION __. Section 8-13-365(A) of the 1976 Code is amended to read:
"Section 8-13-365. (A)(1) The commission must establish a system of electronic filing for all disclosures and reports required pursuant to Article 13 of Chapter 13 of Title 8 from all candidates and entities subject to its jurisdiction. These disclosures and reports for candidates and committees for statewide offices must be filed using an internet-based filing system as prescribed by the commission. Reports and disclosures filed with the Ethics Committees of the Senate and House of Representatives for legislative offices must be in a format such that these filings can be forwarded to the State Ethics Commission using an internet-based system. The information contained in the campaign disclosure form, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable.
(2) Until a method is developed and implemented to allow contribution and expenditure information to be uploaded and integrated into the internet-based filing system required by item (1) from an electronic database or spreadsheet maintained by the filer, the provisions of item (1) concerning filing contribution and expenditure disclosures and reports are satisfied if the filer provides with his disclosure or report a separate electronic database or spreadsheet containing the contribution and expenditure information required on the campaign disclosure form. All separate electronic databases or spreadsheets submitted to the commission pursuant to this item must be posted on the commission's internet website in a downloadable format. The commission must report to the General Assembly when the internet-based filing system can accept and integrate uploaded electronic databases and spreadsheets as provided in this item. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
Senator CLEARY proposed the following Amendment No. 1 (JUD0011.005), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 38 and inserting therein the following:
/ value worth fifty dollars or more in a day or worth two /
To further amend the bill, as and if amended, by adding an appropriately numbered SECTION in an appropriate place in the bill to read:
SECTION __. Section 8-13-710(B) of the 1976 Code of Laws is amended to read:
/ "(B) A public official, public member, or public employee required to file a statement of economic interests under Section 8-13-1110 who receives, accepts, or takes, directly or indirectly, from a person, anything of value worth twenty-five fifty dollars or more in a day and anything of value worth two hundred dollars or more in the aggregate in a calendar year must report on his statement of economic interests pursuant to Section 8-13-1120 the thing of value from:" /
Renumber sections to conform.
Amend title to conform.
Senator CLEARY explained the amendment.
The amendment was adopted.
Senators RYBERG and RITCHIE desired to be recorded as voting against the adoption of the amendment.
Senator RYBERG objected to further consideration of the Bill.
H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA EDUCATIONAL BROADBAND SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AND EVALUATING PROPOSALS FROM COMMERCIAL ENTITIES FOR THE LEASING OF SPECTRUM CAPACITY LICENSED TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, TO PROVIDE A PROCESS FOR APPROVAL OF THE LEASES, TO PROVIDE THAT ANY REVENUE RECEIVED FROM THE LEASE OF SPECTRUM CAPACITY SHALL BE DEPOSITED INTO THE STATE GENERAL FUND, TO EXEMPT THE LEASES FROM THE CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION.
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senators McCONNELL, RANKIN, HUTTO and RITCHIE proposed the following amendment (JUD4735.011), which was adopted:
Amend the committee report, as and if amended, page [4735-3], by striking lines 1-4 and inserting therein:
/ The commission shall elect its chairman and vice-chairman at the first meeting of the commission. The appointee of the President Pro Tempore of the Senate shall call an organizational meeting for the purpose of electing officers and other matters that may arise. /
Amend the committee report further, as and if amended, page [4735-3], by striking lines 40-42 and inserting therein:
/ spectrum capacity. In determining any service requirements to impose on potential lessees, the commission must consider the costs and benefits, both monetary and societal, that would be borne by or inure to the public at large, as well as the public to be served. Because broadband service may be provided using a number of different technologies, each of which has unique characteristics and advantages, the commission, in developing its recommended service requirements, must consider the costs and benefits of all methods available to deploy broadband services throughout the State, including wireline, wireless technologies utilizing other bands of the spectrum, or satellite. The commission must not impose any pricing requirements on lessees and must take steps to ensure that the state's assets are not made available to a private broadband service provider to subsidize a private company's competitive service offerings. The competitive process used by the /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the perfecting amendment.
The perfecting amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD4735.005), which was adopted:
Amend the resolution, as and if amended, by striking the joint resolution in its entirety and inserting therein:
TO CREATE THE SOUTH CAROLINA EDUCATIONAL BROADBAND SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AND EVALUATING PROPOSALS FROM COMMERCIAL ENTITIES FOR THE LEASING OF SPECTRUM CAPACITY LICENSED TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, TO PROVIDE A PROCESS FOR APPROVAL OF THE LEASES, TO PROVIDE THAT ANY REVENUE RECEIVED FROM THE LEASE OF SPECTRUM CAPACITY SHALL BE DEPOSITED INTO THE STATE GENERAL FUND, TO EXEMPT THE LEASES FROM THE CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION.
Whereas, access to computers and the internet is becoming increasingly important for full participation in America's economic, political, and social life; and
Whereas, changes to the 2500-2690 MHz band of spectrum licensed by the Federal Communications Commission for Educational Broadband Service and Broadband Radio Service will enable providers to use that spectrum in a more technologically and economically efficient manner, encourage licensees to digitize their frequencies thereby creating excess capacity on their spectrum, and allow licensees to lease up to ninety-five percent of their capacity to commercial entities; and
Whereas, the South Carolina Educational Television Network (ETV) holds Education Broadband Service licenses throughout the State of South Carolina; and
Whereas, H. 3569 of 2007 provided that ETV could not lease its excess spectrum capacity prior to approval of the recommendations of the study committee by the General Assembly, which were submitted to the General Assembly on February 6, 2008. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) There is created a commission to be known as the South Carolina Educational Broadband Service Commission. All appointees must have a background of substantial duration and expertise in business. The commission shall be composed of the following seven members:
(1) one member of the private sector appointed by the President Pro Tempore of the Senate;
(2) one member of the private sector appointed by the Speaker of the House of Representatives;
(3) one member of the private sector appointed by the Chairman of the Senate Finance Committee;
(4) one member of the private sector appointed by the Chairman of the House Ways and Means Committee;
(5) one member of the private sector appointed by the Chairman of the State Regulation of Public Utilities Review Committee;
(6) one member of the private sector appointed by the Vice-Chairman of the State Regulation of Public Utilities Review Committee; and
(7) one member of the private sector appointed by the Governor.
(B) The appointee of the President Pro Tempore of the Senate shall serve as the chairman of the commission. The appointee of the Speaker of the House of Representatives shall serve as the vice-chairman of the commission.
(C) The commission must meet as soon as practicable after a majority of members have been appointed. A majority of members of the commission who have been appointed shall constitute a quorum for the transaction of business. A vacancy on the commission shall not impair the ability of a quorum to exercise and perform the powers and duties of the commission.
(D) Commission members serve at the pleasure of the appointing authority. A vacancy in the membership of the commission must be filled in the manner of the original appointment. Commission membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of the State. Commission members are subject to the provisions of the Ethics, Government Accountability, and Campaign Reform Act, Chapter 13 of Title 8.
(E) Members serve without compensation but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business.
(F) The commission has the following powers and duties:
(1) The commission shall use a competitive process to obtain proposals from commercial entities for the leasing of the spectrum capacity of the Education Broadband Service (EBS) licenses held by the South Carolina Educational Television Network. The commission shall seek proposals that utilize the spectrum capacity of the EBS licenses in the following manners: (a) a single lease of ETV's spectrum capacity without any service requirements; (b) a single lease of ETV's spectrum capacity with service requirements as recommended by the commission; (c) multiple leases on a regional basis without any service requirements, such regions to be determined by the commission; (d) multiple leases on a regional basis with service requirements as recommended by the commission, such regions to be determined by the commission; and (e) other manners deemed appropriate by the commission. The commission must also consider whether to include any lease of tower space in the proposals in the lease of spectrum capacity. The commission must take appropriate steps to obtain the maximum lease payments possible given the relevant market considerations. The competitive process used by the commission shall be governed exclusively by the procedures stated herein and procedures established by the commission.
(2) The commission shall evaluate the proposals and present the proposals and its recommendations to the Joint Bond Review Committee. The Joint Bond Review Committee shall evaluate the proposals and the commission's recommendations to determine whether a proposal shall be approved. If the Joint Bond Review Committee determines that a proposal shall be approved, this determination shall be presented at the next meeting of the Budget and Control Board for review and approval. If the Budget and Control Board does not approve a proposal, it shall be returned to the Joint Bond Review Committee for further evaluation and recommendation. The South Carolina Educational Television Network must take actions necessary to facilitate the lease of the spectrum capacity of the EBS licenses in the manner set forth in an approved proposal and to ensure that ETV complies with any FCC rules or requirements. Revenue received by the State from an approved proposal must be deposited into the State General Fund for recommendation by the Governor and appropriation by the General Assembly.
(3) The commission is exempt from the Consolidated Procurement Code and is authorized to engage legal counsel, consultants, or other experts to assist it in carrying out its powers and duties without any further approval or oversight of any governmental entity or official.
(G) The commission shall use clerical and professional employees of the Budget and Control Board. Upon request of the commission, the South Carolina Educational Television Network must make staff available to the commission.
(H) The commission shall terminate six months after all agreements resulting from an approved proposal are finally executed or no later than June 30, 2010. Upon termination of the commission, the Budget and Control Board shall assume responsibility for the management and administration of all agreements resulting from an approved proposal.
(I) The Budget and Control Board is authorized and directed to pay for any expenses of the commission incurred in the performance of its responsibilities including, but not limited to, the cost of professional assistance, up to an aggregate amount not to exceed seven hundred fifty thousand dollars. The Executive Director of the Budget and Control Board is authorized to expend and use such sources of agency funds as the director determines, including the dormant Funded Debt Sinking Fund. In addition to any other carry forward allowed by law, the Budget and Control Board is specially authorized to carry forward from fiscal year 2007-2008 into fiscal year 2008-2009 unspent general fund appropriations in the maximum amount it may be required to expend in support of the commission and its activities.
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
On motion of Senator SETZLER, with unanimous consent, the Resolution was carried over, as amended.
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.
H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator MARTIN, the Bill was carried over.
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 was recognized to speak on the Bill.
With Senator RANKIN retaining the floor, Senator MARTIN, with unanimous consent, was granted leave to address brief remarks to the body.
At 12:04 P.M., with Senator RANKIN retaining the floor, Senator MARTIN asked unanimous consent to make a motion under the provisions of Rule 15A to set a time certain of 12:19 P.M. to vote on the entire matter of H. 3427.
The time had arrived to vote on the motion under Rule 15A.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryant Campbell Campsen Courson Cromer Fair Hayes Martin Massey McGill O'Dell Peeler Ritchie Ryberg Setzler Short Thomas Vaughn Verdin Williams
Anderson Elliott Ford Hutto Jackson Knotts Land Lourie Malloy Matthews McConnell Patterson Pinckney Rankin Reese Scott Sheheen
Having failed to receive the necessary vote, the motion under Rule 15A failed.
On motion of Senator MARTIN, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
On motion of Senator McCONNELL, the Senate agreed to go into Executive Session.
On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.
At 12:37 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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