Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

In Genesis we read:

"They heard the sound of the Lord God walking in the garden at the time of the evening breeze, and the man and his wife hid themselves from the presence of the   Lord among the trees of the garden."
(Genesis 3:8)

Let us pray:
  Holy Lord, we thank You for the opportunities to be Your servants. Help us always to be so dedicated to honor and truth and mutual respect that, unlike Adam and Eve, we need not hide from Your presence. Indeed, O God, here, forty years after that troubled night in Orangeburg, may we hold to the spirit that Abraham Lincoln expressed in his Second Inaugural Address, "with malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, to finish the work we are in; to bind up the nation's wounds..." Help us all to bring further healing to the people of this State we love and seek to serve. In the Lord's holy name we pray, Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following appointment was transmitted by the Honorable Mark C. Sanford:

Reappointment, Northeast Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Agricultural:
Joseph C. Johnson, 900 East Wilson Street, Dillion, SC 29536

Referred to the Committee on Agriculture and Natural Resources.

The following was received and referred to the appropriate committee for consideration:

Document No. 3193
Agency: Labor, Licensing and Regulation - Panel for Dietetics
SUBJECT: Licensure and regulation of persons engaging in the practice of dietetics within the State of South Carolina
Received by Lieutenant Governor February 11, 2008
Referred to the Committee on Labor, Commerce and Industry
Legislative Review Expiration January 17, 2009

Senator GROOMS introduced Dr. William Hueston of Charleston, S.C., Doctor of the Day.

The following co-sponsors were added to the respective Bills:
S. 992 (Word version)       Sen. Bryant
S. 1006 (Word version)     Sen. Bryant
S. 1064 (Word version)     Sen. Hawkins
S. 1071 (Word version)     Sen. Fair

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 11:50 A.M., for the purpose of the prayer and the Pledge of Allegiance, and immediately following, the Senate would recede for the purposes of attending the Joint Assembly, and at the conclusion of the Joint Assembly, the Senate would stand in recess until 2:00 P.M.

At 12:13 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a mutually convenient time tomorrow with the Speaker and the Lieutenant Governor.

The following were introduced:

S. 1089 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA ON THE TWENTIETH ANNIVERSARY OF ITS DISCOVERERS AWARD PROGRAM, WHICH EACH YEAR HONORS SCIENTISTS WHOSE TIRELESS RESEARCH AND DEVELOPMENT OF NEW PHARMACEUTICALS HAVE GREATLY BENEFITED PEOPLE ALL OVER THE WORLD.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1090 (Word version) -- Senators Thomas, Ford and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA MORTGAGE LENDING ACT", BY ADDING CHAPTER 22 TO TITLE 37 SO AS TO REQUIRE THE LICENSING OF A MORTGAGE LENDER, LOAN OFFICER, LIMITED LOAN OFFICER, OR SOMEONE ACTING AS A MORTGAGE LENDER; TO PROVIDE DEFINITIONS; TO ESTABLISH QUALIFICATIONS FOR LICENSURE AND GROUNDS FOR REVOCATION, SUSPENSION, RENEWAL, AND TERMINATION; TO DESCRIBE PROHIBITED ACTIVITIES; TO PROVIDE FOR RECORD-KEEPING, TRUST AND ESCROW ACCOUNTS, AND ANNUAL REPORTS; TO PROVIDE FOR THE FELONY OFFENSE OF MORTGAGE FRAUD AND PENALTIES; TO PROVIDE FOR ENFORCEMENT OTHERWISE THROUGH THE DEPARTMENT OF CONSUMER AFFAIRS AND THROUGH CRIMINAL PENALTIES; TO AMEND SECTIONS 37-1-301, 37-3-501, AND 37-23-20, ALL RELATING TO DEFINITIONS IN CONNECTION WITH MORTGAGE LENDING AND BROKERING AND HIGH-COST AND CONSUMER HOME LOANS, SO AS TO CONFORM DEFINITIONS, AND TO ADD A DEFINITION FOR "ADJUSTABLE RATE MORTGAGE"; TO AMEND SECTIONS 37-23-40, 37-23-45, AND 37-23-75, ALL RELATING TO PROTECTIONS FOR THE BORROWER IN A HIGH-COST OR CONSUMER HOME LOAN TRANSACTION, SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH AN ADJUSTABLE RATE MORTGAGE; AND TO AMEND CHAPTER 58 OF TITLE 40, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REGISTRATION REQUIREMENTS TO LICENSING

Read the first time and referred to the Committee on Banking and Insurance.

S. 1091 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 41-35-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS OF ELIGIBILITY FOR UNEMPLOYMENT BENEFITS, SO AS TO PROVIDE THAT A PERSON SEEKING OR RECEIVING UNEMPLOYMENT BENEFITS MUST SUBMIT TO RANDOM DRUG SCREENING, AND THAT BENEFITS MUST TERMINATE IF HE TWICE FAILS THIS DRUG TEST; AND TO AMEND SECTION 41-35-120, AS AMENDED, RELATING TO DISQUALIFICATION FOR UNEMPLOYMENT BENEFITS, SO AS TO PROVIDE THAT UNEMPLOYMENT BENEFITS MUST TERMINATE IF THE RECIPIENT TWICE FAILS A RANDOM DRUG TEST REQUIRED AS A CONDITION TO RECEIVE UNEMPLOYMENT BENEFITS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1092 (Word version) -- Senator Short: A BILL TO AMEND ARTICLE 17, CHAPTER 23, TITLE 57 OF THE 1976 CODE BY ADDING

Read the first time and referred to the Committee on Transportation.

S. 1093 (Word version) -- Senators Fair and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-195 SO AS TO REQUIRE A HEALTH AND ACCIDENT AND DENTAL INSURANCE POLICY TO ACKNOWLEDGE AND HONOR THE ASSIGNMENT OF BENEFITS BY AN INSURED, TO REQUIRE AN ASSIGNMENT OF BENEFITS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Banking and Insurance.

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.
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Read the first time and referred to the Committee on Judiciary.

S. 1095 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 25-1-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ASSISTANT ADJUTANT GENERAL FOR THE ARMY, SO AS TO INCREASE THE NUMBER OF ASSISTANT ADJUTANT GENERALS TO TWO.
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Read the first time and referred to the General Committee.

H. 3816 (Word version) -- Reps. G. M. Smith, Weeks and G. Brown: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO INCREASE THE AMOUNT OF DEBTOR'S INTEREST IN CERTAIN DELINEATED PROPERTIES THAT ARE EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ORDER OF A COURT OR AS A RESULT OF A BANKRUPTCY PROCEEDING.

Read the first time and referred to the Committee on Judiciary.

Senator KNOTTS from the Committee on Invitations polled out H. 4646 favorable:

H. 4646 (Word version) -- Reps. Perry, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 20, 2008, "CITIES MEAN BUSINESS DAY" AND TO CELEBRATE THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIPS WITH LOCAL BUSINESSES.

Knotts                    Thomas                    Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Ordered for consideration tomorrow.

Senator KNOTTS from the Committee on Invitations polled out H. 4646 favorable:

H. 4647 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE TUESDAY, FEBRUARY 5, 2008, SOUTH CAROLINA REALTOR DAY IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

Knotts                    Thomas                    Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 936 (Word version) -- Senators McConnell, Hayes, Martin, Thomas, O'Dell, Ford and Knotts: A BILL TO AMEND CHAPTER 3 OF TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COMMERCIAL CODE--NEGOTIABLE INSTRUMENTS, AND CHAPTER 4 OF TITLE 36, RELATING TO THE UNIFORM COMMERCIAL CODE--BANK DEPOSITS AND COLLECTIONS, BY PROVIDING FOR ELECTRONIC PRESENTMENT OF INSTRUMENTS, RETENTION WARRANTIES, AND ENCODING WARRANTIES; BY DEFINING A BANK'S DUTY OF ORDINARY CARE IN COLLECTION AND PAYMENT OF CHECKS; TO REFORM THE RULES ALLOCATING LOSSES RESULTING FROM CHECK FRAUD; TO PRESERVE THE RIGHTS OF A CONSUMER ISSUING A NOTE; TO PROVIDE THAT VARIABLE INTEREST RATE NOTES QUALIFY AS INSTRUMENTS THAT CAN BE NEGOTIATED TO HOLDERS IN DUE COURSE; AND TO ADDRESS CASHIER'S CHECKS, TELLER'S CHECKS, AND CERTIFIED CHECKS.
(ABBREVIATED TITLE)

S. 951 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.

The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 985 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO REVISE THE REQUIREMENTS AND PRIVILEGES OF AND PROCEDURES FOR A SENIOR LIFETIME LICENSE.

Senator GREGORY explained the Bill.

S. 986 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES AUTHORIZED FOR SALE, SO AS TO REVISE THE REQUIREMENTS AND PRIVILEGES OF AND PROCEDURES FOR A DISABILITY LICENSE.

Senator GREGORY explained the Bill.

H. 4403 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO DESIGNATE THE SITE OF THE BOILING SPRINGS GEYSER IN SPARTANBURG COUNTY AS A STATE HISTORIC SITE.

S. 104 (Word version) -- Senators McConnell, Courson, Vaughn, Knotts and Campsen: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, SO AS TO ADD ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator ALEXANDER proposed the following amendment (NBD\12010AC08), which was adopted:

Amend the bill, as and if amended, page 3, immediately after line 22 by inserting:

/Section 60-11-180.   The South Carolina Civil War Sesquicentennial Board shall carry out its duties within the existing funds appropriated for the operation of the Department of Archives and History, and members of the board are not eligible to receive mileage,

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER 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. 933 (Word version) -- Senators Ceips and Leventis: A CONCURRENT RESOLUTION TO URGE THE MEMBERS OF THE SOUTH CAROLINA DELEGATION TO THE UNITED STATES CONGRESS TO REQUEST THAT THE ENVIRONMENTAL PROTECTION AGENCY STUDY PORT ROYAL SOUND AS A CANDIDATE FOR THE NATIONAL ESTUARY PROGRAM.

Senator GREGORY explained the Concurrent Resolution.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4630 (Word version) -- Reps. Scott and Hart: A JOINT RESOLUTION TO CREATE A NEW GANG PREVENTION STUDY COMMITTEE TO CONTINUE THE WORK OF THE INITIAL GANG PREVENTION STUDY COMMITTEE TO ASSESS AND COMBAT THE STATE'S ONGOING GANG PROBLEM BY BRINGING TOGETHER STATE AGENCIES TO COORDINATE GANG REDUCTION PLANS AND MAKE FURTHER RECOMMENDATIONS ADDRESSING GANG-RELATED ACTIVITY IN THE STATE.

On motion of Senator LEATHERMAN, the Joint Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO ADD CHAPTER 28 TO TITLE 8 RELATING TO THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOM LAWS MEMORANDUM OF UNDERSTANDING, TO ADD CHAPTER 29 TO TITLE 8 RELATING TO THE VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROHIBIT CERTAIN WAGES FROM BEING CLAIMED AS A DEDUCTIBLE EXPENSE FOR STATE INCOME TAX PURPOSES, TO PROVIDE THAT TAX WITHHOLDING AGENTS MUST WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE COMPENSATION PAID UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS A FELONY TO KNOWINGLY TRANSPORT A PERSON WHO IS IN THE UNITED STATES ILLEGALLY, TO PROVIDE THAT ALL JAILS IN THIS STATE MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH CERTAIN CRIMES ARE LAWFULLY PRESENT IN THE UNITED STATES, TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED FOR ANOTHER PERSON WHO THE EMPLOYER KNEW WAS NOT LAWFULLY IN THE UNITED STATES, AND TO ADD CHAPTER 83 TO TITLE 40 RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES. (ABBREVIATED TITLE)

The House returned the Bill with amendments.

Senator RITCHIE, subcommittee chairman, was recognized to speak on the Bill.

On motion of Senator RITCHIE, the Bill was carried over.

On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Mary Louise Pough Jones of North, S.C., beloved wife of her husband who had predeceased her and devoted mother to her three daughters and one son.

On motion of Senators HUTTO, MATTHEWS and PINCKNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of former Fairfax Mayor and community leader Charles Riley. He had been an involved civic leader having served on numerous boards and councils and had worked as a procurement specialist senior buyer at Westinghouse Savannah River Company, Aiken, S.C. He was an active participant in the Orange Grove United Methodist Church in Bamberg and was a devoted husband of 39 years to Inell Nimmons Byrd Riley.

At 12:49 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:50 A.M.

This web page was last updated on Monday, June 22, 2009 at 1:52 P.M.