South Carolina General Assembly
118th Session, 2009-2010
Journal of the Senate


Printed Page 748 . . . . . Tuesday, February 3, 2009

Tuesday, February 3, 2009
(Statewide Session)


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 Pro Tempore.

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

Commanded by the Lord God to bring His people out of Egypt, Moses replied:   " 'Who am I, that I should go to Pharaoh and bring the Israelites out of Egypt?' "     (Exodus 3:11)

Let us pray:

Holy Lord, the tasks which face this Senate must at times appear as insurmountable as the challenge which was presented to Moses. It would be understandable if, like Moses, these leaders also questioned the role thrust upon them this winter. Yet the Senators in this Chamber-duly elected, wise, and caring-are all persons determined to labor for the good of every South Carolinian. Guide this Body, O God, as its members discuss, debate, and decide the wisest and most realistic course for this State during these challenging times. May each Senator and each staff person prayerfully discern Your guidance every step of the way. In Your blessed name we pray, dear Lord.
Amen.

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

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 348 (Word version)                 Sen. S. Martin
S. 206 (Word version)                 Sen. McConnell
S. 307 (Word version), S319 (Word version), S320 (Word version), S333 (Word version)     Sen. Rose
S. 335 (Word version), S338 (Word version), S353 (Word version)         Sen. Rose
S. 304 (Word version)                 Sen. Grooms
S. 242 (Word version)                 Sen. Verdin
S. 209 (Word version)                 Sen. Davis
S. 347 (Word version)                 Sen. Rose
S. 377 (Word version)                 Sen. Ford


Printed Page 749 . . . . . Tuesday, February 3, 2009

CO-SPONSOR REMOVED

The following co-sponsor was removed from the respective Bill:
S. 305 (Word version)               Sen. Rose

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 358 (Word version) -- Senator Bryant: A BILL TO AMEND CHAPTER 3, TITLE 49 OF THE 1976 CODE, RELATING TO WATER RESOURCES PLANNING AND COORDINATION, TO ENACT THE WATER RESOURCES PLANNING AND COORDINATION RESTRUCTURING ACT, TO ESTABLISH THE SOUTH CAROLINA WATER PLANNING ADVISORY COMMITTEE AND TO PROVIDE FOR THE MEMBERSHIP, RESPONSIBILITIES, AND DUTIES OF THE ADVISORY COMMITTEE, TO PROVIDE FOR CONSIDERATIONS THAT THE ADVISORY COMMITTEE MUST TAKE INTO ACCOUNT WHEN FULFILLING ITS DUTIES AND RESPONSIBILITIES, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PROMULGATE THE STATE WATER PLAN ADOPTED BY THE ADVISORY COMMITTEE AS REGULATIONS, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IS CHARGED WITH ENFORCING THE WATER PLAN, TO ESTABLISH PENALTIES FOR VIOLATIONS OF THE WATER PLAN, TO PROVIDE A DEADLINE FOR THE ADOPTION OF THE INITIAL WATER PLAN, AND TO STAGGER THE TERMS OF THE MEMBERS OF THE ADVISORY COMMITTEE.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 359 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 8-11-83   OF THE 1976 CODE, RELATING TO PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, TO PROVIDE THAT DUES FOR THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION MAY BE DEDUCTED FROM THE COMPENSATION OF STATE EMPLOYEES AND RETIREES AND PAID OVER TO THIS ASSOCIATION IN THE SAME MANNER


Printed Page 750 . . . . . Tuesday, February 3, 2009

OTHER DUES UNDER THIS SECTION ARE DEDUCTED AND PAID OVER.
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Read the first time and referred to the Committee on Finance.

S. 360 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 4-10-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF A ONE PERCENT CAPITAL PROJECT SALES AND USE TAX BY A COUNTY GOVERNING BODY, SO AS TO DELETE A REQUIREMENT THAT THE TAX IS TO COLLECT A LIMITED AMOUNT OF MONEY; TO AMEND SECTION 4-10-330, AS AMENDED, RELATING TO THE COUNTY ORDINANCE AND BALLOT QUESTION FOR THE REFERENDUM REQUIRED, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE ORDINANCE AND THE DATES AND PURPOSES OF THE REFERENDUM; AND TO AMEND SECTION 4-10-340, AS AMENDED, RELATING TO THE IMPOSITION AND TERMINATION OF THE TAX, SO AS TO FURTHER PROVIDE FOR THE TERMINATION OF A NEWLY IMPOSED AND A REIMPOSED TAX.
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Read the first time and referred to the Committee on Finance.

S. 361 (Word version) -- Senators Lourie, Campbell, Fair, Elliott, McGill, Nicholson, Jackson, Ford, Williams, Reese and Pinckney: A BILL TO AMEND SECTION 43-35-10 OF THE 1976 CODE, RELATING TO THE DEFINITION OF TERMS USED IN THE OMNIBUS ADULT PROTECTION ACT, TO REVISE THE DEFINITIONS OF "INVESTIGATIVE ENTITY" AND "NEGLECT"; TO AMEND SECTION 43-35-40, RELATING TO REQUIREMENTS OF AN INVESTIGATIVE ENTITY UPON RECEIVING A REPORT OF ADULT ABUSE, TO FURTHER SPECIFY AND CLARIFY PROCEDURES FOR REPORTING CASES IN WHICH THERE IS A REASONABLE SUSPICION OF CRIMINAL CONDUCT; AND TO AMEND SECTION 43-35-85, RELATING TO CRIMINAL PENALTIES FOR FAILING TO REPORT ADULT ABUSE WHEN REQUIRED TO REPORT, TO DELETE PROVISIONS AUTHORIZING DISCIPLINARY ACTION WHEN A PERSON WHO HAS REASON TO BELIEVE THAT ABUSE OCCURRED FAILS TO REPORT AND TO ESTABLISH CRIMINAL PENALTIES IF A CAREGIVER, DUE TO RECKLESS DISREGARD


Printed Page 751 . . . . . Tuesday, February 3, 2009

FOR THE HEALTH OR SAFETY OF A VULNERABLE ADULT, NEGLECTS OR CAUSES GREAT BODILY INJURY OR DEATH TO A VULNERABLE ADULT.
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Read the first time and referred to the General Committee.

S. 362 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 42-11-30 OF THE 1976 CODE, RELATING TO FIREFIGHTERS COVERED UNDER WORKERS' COMPENSATION LAW AND THE PRESUMPTION REGARDING IMPAIRMENT OR INJURY FROM HEART DISEASE AND OR RESPIRATORY DISEASE, TO PROVIDE THAT THE IMPAIRMENT OR INJURY IS CONSIDERED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT IF THEY HAVE SUCCESSFULLY PASSED A PHYSICAL EXAM WITHIN THE LAST TEN YEARS.
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Read the first time and referred to the Committee on Judiciary.

S. 363 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 23-41-20 OF THE 1976 CODE, RELATING TO THE ARSON REPORTING IMMUNITY ACT, TO ADD CERTAIN PUBLIC SAFETY OFFICIALS TO THE LIST OF AGENCIES AUTHORIZED TO RECEIVE INFORMATION FROM AN INSURANCE COMPANY.
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Read the first time and referred to the Committee on Judiciary.

S. 364 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 9, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-9-25 TO ENACT THE "VOLUNTEER STRATEGIC ASSISTANCE AND FIRE EQUIPMENT PROGRAM" (V-SAFE) WHOSE PURPOSE, CONTINGENT UPON THE GENERAL ASSEMBLY APPROPRIATING APPROPRIATE FUNDS, IS TO OFFER GRANTS TO ELIGIBLE VOLUNTEER AND COMBINATION FIRE DEPARTMENTS FOR THE PURPOSE OF PROTECTING LOCAL COMMUNITIES AND REGIONAL RESPONSE AREAS FROM INCIDENTS OF FIRE, HAZARDOUS MATERIALS, TERRORISM, AND TO PROVIDE FOR THE SAFETY OF VOLUNTEER FIREFIGHTERS, TO PROVIDE DEFINITIONS OF CERTAIN


Printed Page 752 . . . . . Tuesday, February 3, 2009

TERMS, AND TO PROVIDE FOR THE ADMINISTRATION OF THE GRANTS.
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Read the first time and referred to the Committee on Judiciary.

S. 365 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 7-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANDIDATES FOR ELECTORS OF THE PRESIDENT AND THE VICE PRESIDENT SO AS TO SPECIFY THAT THERE MUST BE EIGHT CANDIDATES, TWO TO BE APPOINTED AT LARGE AND SIX TO BE APPOINTED TO REPRESENT THE SIX CONGRESSIONAL DISTRICTS OF THE STATE; TO REQUIRE THAT THE HIGHEST NUMBER OF VOTES STATEWIDE CONSTITUTES ELECTION OF THE TWO AT-LARGE PRESIDENTIAL ELECTORS FOR THAT PARTY OR PETITION CANDIDATE AND THAT THE HIGHEST NUMBER OF VOTES IN A CONGRESSIONAL DISTRICT CONSTITUTES ELECTION OF THE CONGRESSIONAL DISTRICT PRESIDENTIAL ELECTOR OF THAT PARTY OR PETITION CANDIDATE; AND TO REPEAL SECTION 7-19-80 RELATING TO THE ELECTOR'S DECLARATION OF THE CANDIDATE FOR WHOM HE WILL VOTE.
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Senator LEVENTIS spoke on the Bill.

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

S. 366 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 5, TITLE 7 SO AS TO CREATE THE ELECTIONS STUDY COMMISSION, TO PROVIDE FOR ITS DUTIES AND RESPONSIBILITIES, TO PROVIDE FOR ITS MEMBERSHIP, TO PROVIDE FOR APPOINTMENT OF ITS MEMBERS AND ELECTION OF ITS CHAIRMAN, TO PROVIDE FOR THE TERMS OF ITS MEMBERS, AND TO REQUIRE THE COMMISSION TO MAKE A REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY WITHIN NINETY DAYS OF EACH GENERAL ELECTION CONTAINING RECOMMENDATIONS TO IMPROVE


Printed Page 753 . . . . . Tuesday, February 3, 2009

CITIZEN-INFORMED PARTICIPATION IN THE ELECTORAL PROCESS.
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Senator LEVENTIS spoke on the Bill.

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

S. 367 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-275 SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT, SEVENTEEN YEARS OF AGE, BE FURNISHED A VOTER REGISTRATION FORM AND BE INSTRUCTED IN A CLASSROOM ENVIRONMENT OR THROUGH A METHOD APPROVED BY THE LOCAL SCHOOL DISTRICT TO BE APPRISED OF THE IMPORTANCE OF VOTING, TO ALLOW A STUDENT TO OPT OUT OF THE PROCESS, TO REQUIRE A HIGH SCHOOL REGISTRANT BE MAILED A VOTER REGISTRATION CARD BEFORE THE FIRST ELECTION IN WHICH HE IS ELIGIBLE TO VOTE, TO PROVIDE THAT A CITIZEN OTHERWISE INELIGIBLE TO VOTE WHO IS RELEASED FROM INCARCERATION RECEIVE A REGISTRATION FORM WITH A LETTER EXPLAINING THAT HIS VOTING RIGHTS HAVE BEEN RESTORED AND THAT HE IS ELIGIBLE TO REGISTER AND VOTE, AND TO REQUIRE COUNTY ELECTION BOARDS TO REGISTER CITIZENS WHO SWEAR OR AFFIRM THE VOTER DECLARATION WITHOUT ADDITIONAL PROOF.
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Senator LEVENTIS spoke on the Bill.

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

S. 368 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-845 SO AS TO DEFINE A "SHORT STATE BALLOT" AND "SHORT COUNTY BALLOT", TO ALLOW AN ELECTOR TO VOTE FOR CANDIDATES IN ANY PRECINCT IN THE STATE OR IN THE COUNTY IN WHICH HE RESIDES, TO ALLOW A QUALIFIED ELECTOR TO CAST A PROVISIONAL BALLOT IN ANY PRECINCT IN THE COUNTY IN WHICH HE IS REGISTERED, TO PROVIDE A PROCEDURE FOR CASTING THE


Printed Page 754 . . . . . Tuesday, February 3, 2009

BALLOT, AND TO PROVIDE HOW THE QUALIFIED ELECTOR MAY CAST THE BALLOT ONLY FOR OFFICES FOR WHICH HE IS QUALIFIED.
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Senator LEVENTIS spoke on the Bill.

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

S. 369 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-25 SO AS TO PROVIDE THAT THE AUTHORITY CHARGED BY LAW CONDUCTING AN ELECTION SHALL ESTABLISH EARLY VOTING CENTERS, TO ESTABLISH EARLY VOTING CENTERS TO ALLOW A REGISTERED COUNTY RESIDENT TO VOTE OUTSIDE THEIR PRECINCT, TO PROVIDE A PROCEDURE BY WHICH A QUALIFIED ELECTOR MAY REGISTER TO VOTE AND CAST A BALLOT DURING THE EARLY VOTING PERIOD, TO PROVIDE FOR THE ESTABLISHMENT OF EARLY VOTING LOCATIONS, AND TO REQUIRE THESE LOCATIONS AND TIMES TO BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION 30-4-80.
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Senator LEVENTIS spoke on the Bill.

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

S. 370 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 7-13-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS AND ASSISTANTS, SO AS DELETE THE REQUIREMENT THAT ONE SIXTEEN- OR SEVENTEEN-YEAR-OLD PERSON MAY BE APPOINTED TO A PRECINCT FOR EVERY TWO REGULAR POLL MANAGERS.
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Senator LEVENTIS spoke on the Bill.

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

S. 371 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED FILINGS FOR CLOSING AN ESTATE IN THE PROBATE COURT, SO AS TO ALLOW AN


Printed Page 755 . . . . . Tuesday, February 3, 2009

INTERESTED PERSON TO WAIVE THE FILING OF AN ACCOUNTING, A PROPOSAL FOR DISTRIBUTION OF ASSETS, OR A NOTICE OF THE RIGHT TO DEMAND A HEARING.
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Read the first time and referred to the Committee on Judiciary.

S. 372 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 62-2-207, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF AN ELECTIVE SHARE OF A SPOUSE, SO AS TO CLARIFY THAT AN INTEREST AS A BENEFICIARY IN A TESTAMENTARY TRUST OR IN PROPERTY PASSING TO AN INTER VIVOS TRUST THROUGH THE DECEDENT'S WILL IS A BENEFICIAL INTEREST CHARGEABLE TO THE ELECTIVE SHARE; AND TO AMEND SECTION 62-7-401, AS AMENDED, RELATING TO CREATION OF A TRUST, SO AS TO PROVIDE FOR THE INCLUSION OF A SURVIVING SPOUSE'S BENEFICIAL INTERESTS IN TRUST PROPERTY IN CALCULATING THE ELECTIVE SHARE.
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Read the first time and referred to the Committee on Judiciary.

S. 373 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-80-20 OF THE 1976 CODE, AS AMENDED, RELATING TO CRIMINAL RECORD CHECKS PRIOR TO EMPLOYMENT AS A FIREFIGHTER, TO REQUIRE A CHECK OF BOTH STATE AND FEDERAL HISTORIES AND TO LIMIT THE COSTS OF THESE CHECKS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 374 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 41-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POSTING NOTICES CONCERNING THE EMPLOYMENT OF ADULTS AND CHILDREN IN PLACES OF EMPLOYMENT, SO AS TO DELETE THE PROVISION REQUIRING NOTICE TO BE POSTED IN EVERY ROOM WHERE FIVE OR MORE PERSONS ARE EMPLOYED; TO AMEND SECTION 41-3-10, AS AMENDED, RELATING TO THE DIVISION OF LABOR WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO THE APPOINTMENT


Printed Page 756 . . . . . Tuesday, February 3, 2009

AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT, SO AS TO DELETE THE PROVISION ESTABLISHING THE DIVISION OF LABOR; TO AMEND SECTION 41-3-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO DELETE THE REFERENCE TO REGULATIONS PERTAINING TO THE DIVISION OF LABOR; TO AMEND SECTIONS 41-3-50, 41-3-60, 41-3-100, AND 41-3-120, ALL AS AMENDED, ALL RELATING TO VARIOUS DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO REPEAL SECTIONS 41-1-40, 41-1-50, 41-3-80, 41-15-10, AND 41-15-50; ARTICLE 5, CHAPTER 3, TITLE 41; CHAPTER 21, TITLE 41; AND CHAPTER 23, TITLE 41 ALL RELATING TO VARIOUS OBSOLETE PROVISIONS PERTAINING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 375 (Word version) -- Senator Rankin: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE LEAH WILSON HICKMAN, OF FLORENCE, ON BEING CROWNED MISS SUN FUN 2009 AND WISH HER MUCH SUCCESS IN HER REIGN AND IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 376 (Word version) -- Senators Alexander, Leatherman, Campbell, Massey, Peeler, L. Martin, Elliott, Grooms, Sheheen and S. Martin: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE IPTAY SCHOLARSHIP FOUNDATION OF CLEMSON UNIVERSITY ON THE CELEBRATION OF ITS SEVENTY-FIFTH ANNIVERSARY.
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The Senate Resolution was adopted.

S. 377 (Word version) -- Senators Scott, Williams, Campsen, Cleary, Sheheen, Coleman, Rose, Campbell, Cromer, Shoopman, Verdin, Reese, Anderson, Grooms, Hutto, McGill, Bryant, Matthews, Nicholson,


Printed Page 757 . . . . . Tuesday, February 3, 2009

Land, Lourie, Rankin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-200 SO AS TO REQUIRE A PUBLIC INSTITUTION OF HIGHER LEARNING TO DEVELOP A CREDIT CARD MARKETING AND SOLICITATION POLICY, TO REQUIRE THE POLICY TO BE FILED WITH THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE CONSIDERATIONS FOR THE POLICY, AND TO PROHIBIT A PUBLIC INSTITUTION OF HIGHER LEARNING THAT HAS NOT ADOPTED A POLICY FROM ALLOWING A CREDIT CARD MARKETER TO DISTRIBUTE APPLICATIONS OR PROMOTIONAL OR MARKETING MATERIALS.
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Read the first time and referred to the Committee on Education.

S. 378 (Word version) -- Senators Mulvaney, Bryant, Davis, Verdin, Campbell, Shoopman, Bright, Ryberg and Rose: A BILL TO AMEND SECTIONS 12-6-530 AND 12-6-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT CORPORATE INCOME TAX AND THE FIVE PERCENT TAX ON UNRELATED BUSINESS INCOME OF EXEMPT ORGANIZATIONS, HOMEOWNER'S ASSOCIATIONS, AND COOPERATIVES, SO AS TO PHASE OUT THESE TAXES OVER TEN YEARS; TO REPEAL, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 2018, SECTIONS 12-6-3360, 12-10-80, 12-10-81, 12-10-95, 12-14-60, 12-6-3410, 12-6-3420, 12-20-105, 12-6-3415, 12-6-3375, 12-6-3580, 12-6-3585, 12-6-3630, CHAPTER 65 OF TITLE 12, AND CHAPTER 34 OF TITLE 6 ALL RELATING TO VARIOUS TAX CREDITS, AND PROVIDE FOR THE CARRY-FORWARD AND PHASED REDUCTION OF THESE TAX CREDITS DURING THE PHASE-OUT PERIOD.
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Read the first time and referred to the Committee on Finance.

S. 379 (Word version) -- Senators Hayes, L. Martin, Williams, Rankin, Mulvaney, Massey, Cromer and S. Martin: A JOINT RESOLUTION TO ALLOW LOCAL SCHOOL DISTRICTS AND SPECIAL SCHOOLS TO TRANSFER FUNDS AMONG APPROPRIATED REVENUES IN ORDER TO ENSURE THE DELIVERY OF ACADEMIC AND ARTS INSTRUCTION DURING THE 2008-2009 AND 2009-2010 FISCAL YEARS; TO ALLOW SCHOOL DISTRICTS FOR FISCAL


Printed Page 758 . . . . . Tuesday, February 3, 2009

YEARS 2008-2009 AND 2009-2010 TO SUSPEND CERTAIN PROFESSIONAL STAFFING RATIOS, TO TRANSFER FUNDS, TO DELAY THE DATE THAT TEACHER CONTRACTS ARE ISSUED, AND TO NEGOTIATE SALARIES FOR RETIRED AND TERI TEACHERS BELOW MINIMUM SALARY REQUIREMENTS; TO ALLOW SCHOOL DISTRICTS FOR THE 2008-2009 AND 2009-2010 FISCAL YEARS TO FURLOUGH TEACHERS AND SCHOOL AND DISTRICT ADMINISTRATORS UPON CERTAIN CONDITIONS; TO PROVIDE CERTIFICATION AND REPORTING REQUIREMENTS; TO SUSPEND CERTAIN FORMATIVE ASSESSMENTS AND TO ALLOW SCHOOL DISTRICTS TO PURCHASE THE MOST ECONOMICAL TYPE OF BUS FUEL FOR THE 2008-2009 AND 2009-2010 FISCAL YEARS.
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Senator HAYES spoke on the Resolution.

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

S. 380 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 22-1-25 OF THE 1976 CODE, RELATING TO MANDATORY RETIREMENT AGE FOR MAGISTRATES, TO RAISE THE AGE OF MANDATORY RETIREMENT FROM SEVENTY-TWO YEARS OF AGE TO SEVENTY-FIVE YEARS OF AGE.
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Read the first time and referred to the Committee on Judiciary.

S. 381 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 TO TITLE 27 SO AS TO ENACT THE "SOUTH CAROLINA UNIFORM UNCLAIMED PROPERTY ACT OF 2009"; AND TO REPEAL CHAPTER 18 OF TITLE 27 RELATING TO UNCLAIMED PROPERTY.
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Read the first time and referred to the Committee on Judiciary.

S. 382 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR A PRESUMPTION THAT A DECEDENT AND THE DECEDENT'S SPOUSE HELD TANGIBLE PERSONAL PROPERTY IN A JOINT TENANCY WITH RIGHT OF SURVIVORSHIP, FOR EXCEPTIONS TO THE PRESUMPTION,


Printed Page 759 . . . . . Tuesday, February 3, 2009

AND FOR THE STANDARD OF PROOF TO OVERCOME THE PRESUMPTION.
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Read the first time and referred to the Committee on Judiciary.

S. 383 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 63 SO AS TO ENACT THE "UNIFORM CHILD ABDUCTION PREVENTION ACT", TO PROVIDE A LEGAL MECHANISM TO PROTECT CHILDREN FROM CREDIBLE RISKS OF ABDUCTION RELATED TO LEGAL CUSTODY OR VISITATION.
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Read the first time and referred to the Committee on Judiciary.

S. 384 (Word version) -- Senators Leventis, Courson, Sheheen, Reese, Matthews and Thomas: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW COURT, SO AS TO REORGANIZE THE SECTION AND PROVIDE THAT IT IS APPLICABLE TO THE STATE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 1-23-610, AS AMENDED, RELATING TO REVIEW OF DECISIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO DEFINE THE PROCEDURES FOR OBTAINING JUDICIAL REVIEW OF A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE IN A CASE INVOLVING THE STATE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 1-30-45, RELATING TO THE COMPOSITION OF THE FORMER SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DEVOLVE AND TRANSFER ALL OF THESE COMPONENTS TO THE STATE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS PROVIDED FOR IN THIS ACT; TO AMEND SECTION 44-1-20, RELATING TO THE CREATION AND SUPERVISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO RESTRUCTURE THE DEPARTMENT UNDER THE SUPERVISION OF A SECRETARY APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 44-1-30,


Printed Page 760 . . . . . Tuesday, February 3, 2009

RELATING TO BOARD MEETINGS AND COMPENSATION OF MEMBERS, SO AS TO PROVIDE FOR THE COMPENSATION AND DUTIES OF THE SECRETARY OF THE STATE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 44-1-40, RELATING TO THE SELECTION, TERM, AND SALARY OF THE DEPARTMENT DIRECTOR, SO AS TO CREATE A BOARD OF HEALTH AND A BOARD OF ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THEIR MEMBERSHIP; TO AMEND SECTION 44-1-50, AS AMENDED, RELATING TO BOARD ADMINISTRATIVE REVIEWS, SO AS TO AUTHORIZE THE BOARD OF HEALTH AND THE BOARD OF ENVIRONMENTAL CONTROL TO CONDUCT ADMINISTRATIVE REVIEWS AND TO AUTHORIZE THE SECRETARY TO ORGANIZE THE DEPARTMENT AS NECESSARY; TO AMEND SECTION 44-1-60, RELATING TO APPEALS FROM DEPARTMENT DECISIONS, SO AS TO PROVIDE THAT A DEPARTMENT DECISION BECOMES FINAL THIRTY DAYS AFTER THE APPROPRIATE NOTICE IS RECEIVED BY A PERSON ENTITLED TO NOTICE; TO AMEND SECTION 44-1-70, RELATING TO BOARD RULES AND REGULATIONS, SO AS TO PROVIDE THAT THE DEPARTMENT SECRETARY MAY PROMULGATE RULES AND REGULATIONS; TO AMEND SECTION 44-1-80, AS AMENDED, RELATING TO THE BOARD'S DUTIES AND POWERS AS TO COMMUNICABLE OR EPIDEMIC DISEASES, SO AS TO TRANSFER THESE DUTIES AND POWERS TO THE DEPARTMENT SECRETARY; TO AMEND SECTION 44-1-90, RELATING TO CIRCUMSTANCES WHEN THE BOARD MUST ADVISE LOCAL AUTHORITIES, SO AS TO TRANSFER THESE RESPONSIBILITIES TO THE DEPARTMENT SECRETARY; TO AMEND SECTION 44-1-100, AS AMENDED, RELATING TO ASSISTANCE FROM LOCAL HEALTH OFFICERS, SO AS TO REQUIRE LOCAL HEALTH OFFICERS TO ASSIST THE DEPARTMENT SECRETARY; AND TO AMEND SECTION 44-1-280, RELATING TO COORDINATION WITH FIRST STEPS, SO AS TO REQUIRE THE DEPARTMENT SECRETARY TO COORDINATE WITH FIRST STEPS TO SCHOOL READINESS UNDER CERTAIN CIRCUMSTANCES.
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Senator LEVENTIS spoke on the Bill.


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Read the first time and referred to the Committee on Medical Affairs.

S. 385 (Word version) -- Senators O'Dell and Nicholson: A SENATE RESOLUTION TO HONOR DR. DAN W. POWELL, OF GREENWOOD COUNTY, SUPERINTENDENT OF GREENWOOD COUNTY SCHOOL DISTRICT 52, FOR HIS THIRTY-FOUR YEARS OF DISTINGUISHED SERVICE AS AN EDUCATOR, TO CONGRATULATE HIM UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

H. 3225 (Word version) -- Reps. Delleney, Clemmons and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 11, 2009, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2012; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2009, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN


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JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 6, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2009, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 8, WHOSE TERM EXPIRES JUNE 20, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2009; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 4, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2010, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2015.

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

H. 3316 (Word version) -- Reps. J. R. Smith, T. R. Young, D. C. Smith, Clyburn, Stewart and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTION 59-53-1610 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS"; AND BY ADDING SUBARTICLE 2 TO ARTICLE 19, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE


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CREATION OF THE AIKEN TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

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

REPORT OF STANDING COMMITTEE

Senator GROOMS from the Committee on Transportation submitted a favorable report on:

S. 126 (Word version) -- Senators Sheheen and Elliott: A BILL TO AMEND SECTION 56-3-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DEFINE THE TERM "HANDICAPPED", DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-2010, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES, SO AS TO PROVIDE THAT A PERSON WHO ALSO QUALIFIES IS QUALIFIED TO RECEIVE THIS LICENSE PLATE AND A HANDICAPPED LICENSE PLATE


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MAY BE ISSUED A PERSONALIZED LICENSE PLATE THAT INCLUDES A DECAL THAT CONTAINS THE INTERNATIONAL SYMBOL OF ACCESS.

Ordered for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3232 (Word version) -- Rep. Hosey: A JOINT RESOLUTION TO CHANGE THE CERTIFICATION DATE FOR THE RESULT OF A CAPITAL PROJECTS SALES AND USE TAX ACT REFERENDUM HELD AT THE TIME OF THE 2008 GENERAL ELECTION FROM NO LATER THAN NOVEMBER 30, 2008, TO NO LATER THAN DECEMBER 11, 2008.

H. 3267 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3209, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3061 (Word version) -- Rep. A.D. Young: A BILL TO DESIGNATE A CERTAIN PORTION OF DORCHESTER COUNTY AS COOSAW POINTE, AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS INDICATING THIS AREA DESIGNATED AS COOSAW POINTE.

AMENDED, READ THE SECOND TIME

S. 4 (Word version) -- Senators McConnell, Campsen, Rose, Bryant, Elliott, Peeler, Bright, Campbell, Ford, Knotts, Davis and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO


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ENACT THE "SOUTH CAROLINA TEACHER PROTECTION ACT OF 2009", BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A TEACHER MAY BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS A CRIMINAL OFFENSE AGAINST THE TEACHER IF THE OFFENSE OCCURS ON SCHOOL GROUNDS OR AT A SCHOOL-RELATED EVENT, OR IF THE OFFENSE IS DIRECTLY RELATED TO THE TEACHER'S PROFESSIONAL RESPONSIBILITIES, AND TO PROVIDE THAT NO TEACHER HAS CIVIL LIABILITY TO A STUDENT OR TO A PARTY ACTING IN THE INTEREST OF THE STUDENT FOR AN ACT OR OMISSION BY THE TEACHER THAT OCCURS WHILE THE TEACHER IS ACTING ON BEHALF OF THE SCHOOL; AND TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY.

Senator RANKIN proposed the following amendment (JUD0004.003), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 21-37 in their entirety and inserting:

/   (B)   A teacher may bring a civil action against a student who commits a criminal offense against the teacher if the offense occurs on school grounds or at a school-related event, or if the offense is directly related to the teacher's professional responsibilities. Nothing in this subsection is intended to limit the civil remedies available to another party as a result of the same criminal act.

(C)   In addition to the protections granted under the South Carolina Tort Claims Act, no teacher has civil liability to a student or to a party acting in the interest of a student for an act or omission by the teacher if the:

(1)   teacher was acting within the scope of the teacher's employment;

(2)   actions of the teacher violated no state, local, or federal law including regulations set forth by the individual district or school;

(3)   acts or omissions were not the result of wilful or intentional conduct or gross negligence;


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(4)   acts or omissions were not the result of the teacher operating a motor vehicle or watercraft; and

(5)   actions of the teacher do not constitute a violation of the student's civil rights.

(D)   This section does not affect the provisions of the South Carolina Tort Claims Act."     /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN 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. 4--Co-Sponsors Added

On motion of Senator DAVIS, with unanimous consent, the names of Senators DAVIS and SETZLER were added as co-sponsors of the Bill.

Recorded Vote

Senator RYBERG desired to be recorded as voting in favor of the second reading of the Bill.

OBJECTION

S. 13 (Word version) -- Senators Leatherman, Elliott and Campbell: A BILL TO AMEND SECTION 56-3-910 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE FEES, TO PROVIDE THAT FEES BE PLACED IN THE STATE HIGHWAY ACCOUNT OF THE TRANSPORTATION INFRASTRUCTURE BANK INSTEAD OF THE DEPARTMENT OF TRANSPORTATION.

Senator LEVENTIS spoke on the Bill.

Senator LAND objected to further consideration of the Bill.

ADOPTED

H. 3292 (Word version) -- Reps. T.R. Young, Allison and Parker: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 2009 AS "NATIONAL CHILDREN'S DENTAL HEALTH MONTH" IN SOUTH CAROLINA AND FRIDAY, FEBRUARY 6, 2009, AS


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"GIVE KIDS A SMILE DAY" TO PROMOTE ORAL HEALTH AND TO JOIN IN THE EFFORTS THROUGHOUT THE NATION TO ADVOCATE FOR ORAL HEALTH AWARENESS AND OPTIMAL ORAL HEALTH IN CHILDREN.

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

CARRIED OVER

S. 1 (Word version) -- Senators McConnell, Peeler, Leatherman, Sheheen, Rose, Courson, Elliott, Massey, Hayes, Davis, Bright, Campsen, Campbell, L. Martin, Knotts and Alexander: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY A LAW IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES; TO ALLOW THE CREATION OF A BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT; AND TO PROVIDE BY GENERAL LAW FOR THE APPROPRIATIONS TO WHICH THE LIMIT APPLIES, THE METHOD OF AND SOURCES FOR CALCULATING THE LIMIT; AND TO PROVIDE FOR THE DISBURSEMENTS FROM THE BUDGET STABILIZATION FUND.

On motion of Senator MARTIN, the Resolution was carried over.

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

MOTION ADOPTED

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


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MOTION ADOPTED

On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Marianna Biggerstaff Cleveland of Seneca, S.C., his beloved aunt.

ADJOURNMENT

At 12:36 P.M., on motion of Senator L. MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M., under the provisions of Rule 1B by previous motion.

This web page was last updated on Thursday, December 31, 2009 at 11:40 A.M.