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:
In Isaiah the Lord God declares:
" 'This is the one I esteem: he who is humble and contrite in spirit, and trembles at my word.' " (Isaiah 66:2b)
Let us pray:
Holy and Loving God, we give thanks today for "heroes," for those who have served valiantly and courageously in times of challenge. In the past few days, Lord, we have paused to remember heroes from V-E Day, and yesterday we honored many from our region's past. But we do not only have to reach back in time, for we also have a wealth of modern-day heroes, women and men in uniform defending causes of freedom around the globe, plus individuals in this very Senate who are themselves devoted to laboring thoughtfully and effectively. Bless the honorable heroes who serve You in this State House, O God, and use them to accomplish great good. In Your loving name we pray, dear Lord.
Amen.
The PRESIDENT Pro Tempore 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 State Board of Cosmetology, with the term to commence March 20, 2009, and to expire March 20, 2013
Cosmetologist:
Selena M. Brown, 316 Meadowlake Drive, Columbia, SC 29203 VICE Kristy McMillan
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina State Board of Cosmetology, with the term to commence March 20, 2007, and to expire March 20, 2011
Esthetician:
Roseanne H. Kinley, 2101 North Main Street, Anderson, SC 29625
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina State Board of Cosmetology, with the term to commence March 20, 2009, and to expire March 20, 2013
Nail Technician:
Melanie C. Thompson, 3251 Plattmoor Dr., Myrtle Beach, SC 29588
Referred to the Committee on Labor, Commerce and Industry.
At 12:17 P.M., Senator GROOMS moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Fair Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator FORD recorded his presence subsequent to the Call of the Senate.
Senator GROOMS rose for an Expression of Personal Interest.
Senator GROOMS asked unanimous consent to make a motion to record in the Journal the members reflected on the Call of the Senate to all unanimous consent motions made today.
Senator MALLOY objected.
Senator CROMER introduced Dr. William Jennings of Chapin, S.C., Doctor of the Day.
On motion of Senator JACKSON, at 12:05 P.M., Senator MATTHEWS was granted a leave of absence through June 3, 2010.
On motion of Senator LEVENTIS, at 12:05 P.M., Senator SCOTT was granted a leave of absence until 1:30 P.M.
At 2:20 P.M., Senator FAIR requested a leave of absence beginning at 5:00 P.M.
At 3:30 P.M., Senator JACKSON requested a leave of absence beginning at 5:00 P.M.
At 3:45 P.M., Senator NICHOLSON requested a leave of absence beginning at 4:00 P.M.
At 3:45 P.M., Senator LOURIE requested a leave of absence beginning at 4:00 P.M.
At 4:25 P.M., Senator CLEARY requested a leave of absence until 5:30 P.M.
H. 4579 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAYS 76 AND 378 WITH LOWER RICHLAND BOULEVARD IN RICHLAND COUNTY "BETTY AND SAM MCGREGOR INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "BETTY AND SAM MCGREGOR INTERSECTION BETTY - 2009 SOUTH CAROLINA AND NATIONAL MOTHER OF THE YEAR".
Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1432 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 6-5-10 OF THE 1976 CODE, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS, TO ALLOW REFINANCING AND REFUNDING OF CERTAIN BONDS UNDER THE BUILD AMERICA BONDS PROGRAM; TO AMEND SECTION 11-14-110, RELATING TO DEFEASANCE OF OUTSTANDING PUBLIC OBLIGATIONS AUTHORIZED, TO ALLOW REFINANCING AND REFUNDING OF CERTAIN BONDS UNDER THE BUILD AMERICA BONDS PROGRAM; AND TO AMEND SECTION 11-21-60, RELATING TO DISPOSITION OF PROCEEDS OF REFUNDING BONDS, TO ALLOW REFINANCING AND REFUNDING OF CERTAIN BONDS UNDER THE BUILD AMERICA BONDS PROGRAM.
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Read the first time and referred to the Committee on Finance.
S. 1433 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE SAINT PHILLIP AFRICAN METHODIST EPISCOPAL CHURCH OF EASTOVER ON THE OCCASION OF ITS HISTORIC ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY, AND COMMEND THE CHURCH FOR ALMOST TWO CENTURIES OF SERVICE TO THE COMMUNITY.
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The Senate Resolution was adopted.
S. 1434 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NEWLY CONSTRUCTED REPLACEMENT BRIDGE THAT CROSSES COVE INLET ALONG SOUTH CAROLINA HIGHWAY 703 IN CHARLESTON COUNTY THE "BEN SAWYER MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "BEN SAWYER MEMORIAL BRIDGE".
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On motion of Senator CAMPSEN, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
The question then was the adoption of the Concurrent Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Elliott Fair Ford Grooms Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Shoopman Thomas Verdin Williams
Having voted on the prevailing side, Senator LEATHERMAN moved to reconsider the vote whereby the Concurrent Resolution was adopted.
Senator CAMPSEN moved to table the motion to reconsider the vote whereby the Concurrent Resolution was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rose Ryberg Scott Setzler Shoopman Thomas Verdin Williams
Land Reese
The motion to reconsider the vote whereby the Concurrent Resolution was adopted, was laid on the table.
I elected not to cast a vote on the adoption of the Concurrent Resolution inasmuch as it was a local Charleston matter.
H. 4828 (Word version) -- Rep. Huggins: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL TO ADOPT RULES AND REGULATIONS TO ENSURE THAT A BUILDING WITHIN THE DISTRICT IS MAINTAINED PROPERLY AND DOES NOT PRESENT A FIRE OR SAFETY HAZARD; AND TO CONVEY TO A FIRE CHIEF OR HIS DESIGNEE THE SAME AUTHORITY THAT A PEACE OFFICER HAS TO ENFORCE REGULATIONS AND OTHER LAWS PROMULGATED OR ADOPTED BY THE DISTRICT.
Read the first time and ordered placed on the Local and Uncontested Calendar.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 4341 (Word version) -- Reps. Hutto, Stavrinakis, J.E. Smith, Harvin, Miller, Govan, Allen, Battle, Anderson, Simrill, Norman, T.R. Young and Wylie: A JOINT RESOLUTION TO CREATE THE AUTISM SPECTRUM DISORDER STUDY COMMITTEE ON EARLY INTERVENTION AND TO PROVIDE FOR ITS PURPOSE, MEMBERS, AND DUTIES AND TO PROVIDE THAT THE STUDY COMMITTEE MUST SUBMIT ITS FINDINGS AND RECOMMENDATIONS NO LATER THAN DECEMBER 1, 2011 AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 4405 (Word version) -- Reps. Edge, Cobb-Hunter, Crawford, Harvin, Pinson, Alexander, Gunn, Hutto and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-70 SO AS TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR THE DISPENSING OF CERTAIN DRUGS OR DEVICES AT A FEDERALLY QUALIFIED HEALTH CENTER.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 4508 (Word version) -- Reps. Herbkersman, Lowe, Hutto, G.A. Brown and Horne: A BILL TO AMEND SECTION 40-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHIROPRACTORS AND CHIROPRACTIC PRACTICE, SO AS TO ADD A DEFINITION OF A "PRECEPTORSHIP OR RESIDENCY TRAINING PROGRAM"; AND TO AMEND SECTION 40-9-20, RELATING TO LICENSES REQUIRED FOR PERSONS PRACTICING CHIROPRACTIC PROCEDURES, SO AS TO EXCLUDE STUDENTS PARTICIPATING IN A PRECEPTORSHIP OR RESIDENCY TRAINING PROGRAM UNDER SPECIFIED CONDITIONS, TO PERMIT CHARGES TO BE LEVIED FOR PROFESSIONAL SERVICE FOR WORK PERFORMED UNDER THESE PROGRAMS, AND DELETE THE EXCEPTION FOR SENIOR STUDENTS AT A CHIROPRACTIC COLLEGE CHARTERED BY THE STATE.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a majority favorable with amendment and Senators BRYANT and SHANE MARTIN a minority unfavorable report on:
H. 4538 (Word version) -- Reps. Crawford, Bedingfield, Anderson and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 140 TO TITLE 44 SO AS TO ESTABLISH THE SOUTH CAROLINA HEALTH INFORMATION EXCHANGE (SCHIEX), TO ESTABLISH THE SOUTH CAROLINA HEALTH INFORMATION EXCHANGE COUNCIL AS THE GOVERNING BODY OF SCHIEX TO OVERSEE AND GOVERN THE EXCHANGE OF HEALTH-RELATED INFORMATION AMONG HEALTH CARE ORGANIZATIONS, TO PROVIDE FOR THE COUNCIL'S POWERS AND DUTIES, AND TO FURTHER PROVIDE FOR THE ELECTRONIC MOVEMENT OF HEALTH-RELATED INFORMATION AMONG HEALTH CARE ORGANIZATIONS IN THE STATE.
Ordered for consideration tomorrow.
Columbia, S.C., May 6, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4445 (Word version) -- Reps. Loftis, Norman, Merrill, Hardwick, Erickson, Wylie, Chalk, Stewart, Pinson, Bedingfield, Huggins, Frye, Clemmons, Rice, Parker, G.R. Smith, Lowe, Hiott, Allison, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Bingham, Bowen, Cato, Cole, Cooper, Crawford, Daning, Delleney, Duncan, Edge, Gambrell, Hamilton, Harrell, Hearn, Horne, Kelly, Limehouse, Littlejohn, Long, Lucas, D.C. Moss, V.S. Moss, Nanney, Owens, M.A. Pitts, Sandifer, Scott, Simrill, D.C. Smith, G.M. Smith, Spires, Stringer, Thompson, Toole, Umphlett, Viers, White, Whitmire, Willis, A.D. Young, T.R. Young and Weeks: A JOINT RESOLUTION TO EXTEND CERTAIN GOVERNMENT APPROVALS AFFECTING THE DEVELOPMENT OF REAL PROPERTY WITHIN THE STATE.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 6, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3270 (Word version) -- Reps. Duncan, Hodges, Allison, Parker, Weeks, Wylie and Whipper: A BILL TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO ESTABLISH NEW ANNUAL RENEWAL FEES AND TO REQUIRE THAT THE ADDITIONAL REVENUE GENERATED FROM THE TANK FEE INCREASES BE DEPOSITED INTO THE SUPERB ACCOUNT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 6, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4093 (Word version) -- Reps. Loftis, Mitchell, H.B. Brown, Bedingfield, Anthony, G.A. Brown, Crawford, Dillard, Harvin, Hiott, Knight, Lowe, J.R. Smith, Toole, D.C. Moss, Sellers, Brady, Funderburk, Hodges, Horne, Gunn, Bowers, Hutto and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 TO TITLE 48 TO ENACT THE "SOUTH CAROLINA MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE INFORMATION TECHNOLOGY EQUIPMENT COLLECTION AND RECOVERY ACT"; TO PROVIDE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY RELATED TO THE ACT; TO PROVIDE CERTAIN DEFINITIONS RELATED TO THE ACT; TO REQUIRE A MANUFACTURER OF CERTAIN COMPUTING, DISPLAY, OR PRINTING EQUIPMENT TO OFFER A RECOVERY PROGRAM FOR THE COLLECTION OF EQUIPMENT FROM A CONSUMER IN A MANNER CONVENIENT TO THE CONSUMER; TO REQUIRE A MANUFACTURER TO DOCUMENT ITS COMPLIANCE WITH THIS CHAPTER IN AN ANNUAL REPORT TO THE DEPARTMENT; TO LIMIT THE LIABILITY OF A MANUFACTURER FOR DAMAGE SUSTAINED BY A CONSUMER FROM INFORMATION CONTAINED ON EQUIPMENT RETURNED BY THE CONSUMER TO A MANUFACTURER THROUGH THE MANUFACTURER'S RECOVERY PROGRAM; TO REQUIRE A RETAILER TO SELL ONLY EQUIPMENT MANUFACTURED IN COMPLIANCE WITH THIS CHAPTER; TO LIMIT THE LIABILITY OF A RETAILER FOR DAMAGE SUSTAINED BY A CONSUMER FROM INFORMATION CONTAINED ON EQUIPMENT SOLD BY THE RETAILER TO A CONSUMER AND RETURNED TO THE MANUFACTURER OF THE EQUIPMENT THROUGH THE MANUFACTURER'S RECOVERY PROGRAM; TO REQUIRE A MANUFACTURER TO EDUCATE CONSUMERS ABOUT THE MANUFACTURER'S RECOVERY PROGRAM; TO REQUIRE THE DEPARTMENT TO EDUCATE CONSUMERS ABOUT ALL RECOVERY PROGRAMS AVAILABLE IN THIS STATE; TO ENABLE THE DEPARTMENT TO AUDIT A MANUFACTURER TO DETERMINE THE MANUFACTURER'S COMPLIANCE WITH THIS CHAPTER; TO PROVIDE THAT FINANCIAL AND PROPRIETARY INFORMATION SUBMITTED TO THE DEPARTMENT BY A MANUFACTURER OR RETAILER PURSUANT TO THIS CHAPTER IS EXEMPT FROM PUBLIC DISCLOSURE; TO REQUIRE THE DEPARTMENT TO REPORT ANNUALLY INFORMATION PROVIDED BY A MANUFACTURER OR A RETAILER TO THE GENERAL ASSEMBLY; TO REQUIRE THE DEPARTMENT TO DEVELOP STANDARDS FOR RECOVERY PROGRAMS, REPORTING REQUIREMENTS, AND RECOVERER CERTIFICATION THAT COMPLY WITH THE ELECTRONICS RECYCLING OPERATING PRACTICES OF THE INSTITUTE OF SCRAP RECYCLING INDUSTRIES; AND TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE RULES AND REGULATIONS NEEDED TO IMPLEMENT THIS CHAPTER'S PROVISIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 6, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4054 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EDUCATE PARENTS ON THE IMPORTANCE OF ADOLESCENT WELL PHYSICALS TO PREVENT CHRONIC DISEASES, APPROPRIATELY INTERVENE TO BETTER TREAT CHRONIC DISEASE, AND UPDATE IMMUNIZATIONS FOR ADOLESCENTS OF THIS STATE AND NATION.
and has ordered the Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 11, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
S. 372 (Word version) -- Senators Hayes and Ford: 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.
Respectfully submitted,
Speaker of the House
Received as Information
The Bill was ordered placed on the Calendar for consideration tomorrow.
Columbia, S.C., May 11, 2010
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
S. 728 (Word version) -- Senators Hayes, Fair and Ford: A BILL TO AMEND SECTION 12-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTITLEMENT TO TAX CREDITS UNDER THE TEXTILES COMMUNITIES REVITALIZATION ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICABILITY OF SPECIFIC REQUIREMENTS FOR TEXTILE MILL SITES ACQUIRED BEFORE AND AFTER 2007, TO REVISE THE ALLOWABLE AMOUNT OF THE CREDITS IN CERTAIN INSTANCES, TO PROVIDE THAT THE TAX CREDITS ALLOWED INCLUDE CREDITS AGAINST INSURANCE PREMIUM TAXES, TO MAKE A TECHNICAL CORRECTION, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE CREDITS ARE VESTED IN A TAXPAYER AND MAY BE ALLOCATED TO PARTNERS OR MEMBERS; BY ADDING SECTION 12-65-50 SO AS TO PROVIDE TRANSITION RULES APPLICABLE TO SPECIFIC MILL SITES; AND BY ADDING SECTION 12-65-60 SO AS TO FURTHER PROVIDE FOR THE ELIGIBILITY CERTIFICATION PROCESS.
Respectfully submitted,
Speaker of the House
Received as Information
The Bill was ordered placed on the Calendar for consideration tomorrow.
S. 1430 (Word version) -- Senators Setzler, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LUCAS GLOVER, CHAMPION GOLFER, FOR HIS OUTSTANDING ACHIEVEMENTS IN THE WORLD OF PROFESSIONAL GOLF, TO CONGRATULATE HIM ON HIS WIN OF THE 2009 U.S. OPEN, AND TO DECLARE MAY 22, 2010, LUCAS GLOVER DAY IN SOUTH CAROLINA.
Returned with concurrence.
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. 4923 (Word version) -- Reps. Govan, Cobb-Hunter, Ott and Sellers: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ORANGEBURG CONSOLIDATED SCHOOL DISTRICT NO. 4 OF ORANGEBURG COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO DEFRAY THE LOSS OF EDUCATION FINANCE ACT FUNDS TO THE DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Senator HUTTO desired to be recorded as voting in favor of the third reading of the Bill.
H. 3630 (Word version) -- Rep. Weeks: A BILL TO AMEND SECTION 5-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF A MUNICIPAL ELECTION COMMISSION IN EACH MUNICIPALITY TO CONDUCT MUNICIPAL ELECTIONS, SO AS TO REQUIRE ALL ELECTION COMMISSIONERS AND STAFF TO COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Fair Grooms Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3706 (Word version) -- Reps. Weeks and Harrison: A BILL TO AMEND SECTION 8-13-1348, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO AUTHORIZE A DEBIT CARD DRAWN UPON THE CAMPAIGN ACCOUNT MAY BE USED ON EXPENDITURES MORE THAN TWENTY-FIVE DOLLARS IN ADDITION TO A WRITTEN INSTRUMENT.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator CAMPSEN explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3803 (Word version) -- Reps. Bannister, Harrison and Weeks: A BILL TO AMEND SECTIONS 62-1-201, 62-1-304, 62-1-401, 62-1-403, 62-2-205, 62-2-402, 62-3-203, 62-3-401, 62-3-403, 62-3-409, 62-3-414, 62-3-502, 62-3-503, 62-3-604, 62-3-607, 62-3-611, 62-3-806, 62-3-911, 62-3-1001, 62-3-1008, 62-3-1101, 62-3-1102, 62-3-1309, 62-5-101, 62-5-303, 62-5-305, 62-5-307, 62-5-309, 62-5-310, 62-5-401, 62-5-402, 62-5-405, 62-5-407, 62-5-411, 62-5-412, 62-5-416, 62-5-419, 62-5-428, 62-5-430, 62-5-501, 62-5-504, AS AMENDED, 62-5-604, AND 62-5-608, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE VARIOUS ACTIONS AND PROCEEDINGS CONCERNING THE AFFAIRS OF DECEDENTS, PROTECTED PERSONS, MINORS, AND INCAPACITATED PERSONS FALLING UNDER THE SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO DIFFERENTIATE BETWEEN A FORMAL PROCEEDING AND AN APPLICATION TO THE COURT AND THE PROCEDURAL RULES GOVERNING EACH, TO REQUIRE THE FILING AND SERVICE OF A SUMMONS AND PETITION TO COMMENCE A FORMAL PROCEEDING, AND TO DISTINGUISH THAT REQUIREMENT OF SUMMONS AND PETITION FROM THE NOTICE REQUIREMENTS FOR A HEARING ON A PETITION; AND TO AMEND SECTIONS 62-1-403, 62-3-703, 62-7-105, 62-7-201, 62-7-303, 62-7-305, 62-7-414, 62-7-505, 62-7-604, 62-7-709, 62-7-814, 62-7-902, 62-7-903, 62-7-904, 62-7-933, AND 62-7-1013, ALL RELATING TO THE SOUTH CAROLINA TRUST CODE, SO AS TO SUBSTITUTE "PERSON" FOR "PARENT" AND "ISSUE" FOR "CHILD", DELETE THE REQUIREMENT OF A TAXPAYER IDENTIFICATION NUMBER ON A CERTIFICATE OF TRUST, ALLOW CERTAIN REIMBURSEMENTS TO A PROSPECTIVE TRUSTEE, AND MAKE TECHNICAL CHANGES.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3913 (Word version) -- Rep. Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1556 SO AS TO ESTABLISH SEASONAL CREEL AND SIZE LIMITS FOR STRIPED BASS IN THE INSHORE WATERS AND THE TERRITORIAL SEA; AND TO AMEND SECTION 50-13-221, RELATING TO STRIPED BASS IN THE LOWER SANTEE AND COOPER RIVERS, SO AS TO ESTABLISH SEASONAL CREEL AND SIZE LIMITS FOR STRIPED BASS IN CERTAIN FRESHWATER BODIES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Fair Grooms Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3996 (Word version) -- Reps. M.A. Pitts and Umphlett: A BILL TO AMEND SECTION 50-9-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEDUCTION OF ACCUMULATED POINTS, SO AS TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO DEDUCT THREE ACCUMULATED POINTS FROM A PERSON'S RECORD UPON A SHOWING THAT THE PERSON SUCCESSFULLY COMPLETED A DEPARTMENT PROGRAM OF INSTRUCTION ESTABLISHED PURSUANT TO SECTION 50-9-310.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator CAMPSEN explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Grooms Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
There being no further amendments, the Bill was read the third time.
Having voted on the prevailing side, Senator LEATHERMAN made the motion to reconsider the vote whereby the Bill was given a third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Cleary Coleman Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Nicholson O'Dell Peeler Rankin Reese Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Campsen Rose
Third reading of the Bill was reconsidered and the Bill was ordered returned to the Third Reading Calendar.
The question then was third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4838 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT A LOCAL SCHOOL DISTRICT MAY PAY TEACHERS BASED ON THE EDUCATION LEVEL AND YEARS OF EXPERIENCE THE TEACHERS POSSESSED IN FISCAL YEAR 2009-2010 WITHOUT NEGATIVE IMPACT TO THEIR EXPERIENCE CREDIT; TO PROVIDE VOTING AND NOTICE REQUIREMENTS FOR THIS DECISION; TO REQUIRE THAT PAYMENT ACCORDING TO THE 2009-2010 DATA BE APPLIED UNIFORMLY; TO PROVIDE THAT A LOCAL SCHOOL DISTRICT MAY NOT PAY DISTRICT OR SCHOOL ADMINISTRATORS MORE THAN THEY RECEIVED IN FISCAL YEAR 2009-2010; AND TO DEFINE CERTAIN TERMS.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Jackson Knotts Land Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
There being no further amendments, the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator LARRY MARTIN rose for an Expression of Personal Interest.
Senator SHEHEEN rose for an Expression of Personal Interest.
Senator LOURIE rose for an Expression of Personal Interest.
Senator BRIGHT rose for an Expression of Personal Interest.
Senator LEVENTIS rose for an Expression of Personal Interest.
Mr. PRESIDENT and gentlemen of the Senate, I rise to say that I am personally offended by the attacks on my Greek heritage. But before proceeding, let me clear up something. There was no leak in the sprinkler systems last week. We have been getting bogus information from this body for so long that we can longer determine fact from fiction. In fact, someone from the cleaning staff in the House left some water on and it did create a mess. But the mess was not made by a leak in the sprinkler.
Now, let me tell you about my friends and relatives in Greece. It is time that we speak of this in more reasonable terms. What is going on in Greece is due to some of their bad policies and wasteful spending. But what makes Greece different from America, and what no one is willing to say -- not even a candidate for national office -- is that the difference is they don't pay their taxes in Greece! The voluntary compliance with the tax system in Greece is only about 70 percent. Here it is well over 90 percent. I hear of calls from within and outside of this Senate in which people assert that there is something fundamentally wrong with America. Well, patriotism and paying taxes is not part of what's wrong. And because we don't agree on policy; it does not make you unpatriotic. It certainly doesn't make me unpatriotic.
Greece is in crisis because the citizens do not pay their taxes. Yet, a candidate for the Vice Presidency of the United States could not bring herself to say that it is unpatriotic to not pay your taxes. I think that is a fundamental problem we currently have in this country. People are so interested in self-promotion that they forget about what is best for our country and its citizens. Now it is also patriotic, Senator from Spartanburg, Senator BRIGHT, to argue for less taxes. Indeed, that is patriotic. But it is not good for this country when you can't stand up and say that I pay my taxes -- which I'm sure you do -- and it is a patriotic duty to do so -- that bothers me a great deal.
Talking about philosophy, I often hear people stating we need less money for government and more money for individuals. But then the Senator from Clarendon, Senator LAND, raised a good point. How does government then provide the appropriate services? How does government get the money to pay to pave roads, provide quality water, etc.? I do not know of anyone in private business who reduces their income to provide a better product or provide a better service. The fact is you don't get something for nothing. It is inarguable that our voluntary compliance is among the highest in the world and voluntary compliance with tax systems in other countries falters -- and you can bet that the problems they have are directly related to that. Everyone has the right to protest the payment of their taxes under the Code. But it is our patriotic duty, when the bottom line is reached, to pay our taxes and support our country that has provided for us a quality of life for which I am very thankful.
Thank you, Mr. PRESIDENT.
H. 4885 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REGULATIONS OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator CROMER explained the Joint Resolution.
Senator LEATHERMAN moved that a roll call vote be taken.
Senator CROMER moved to carry over the Joint Resolution.
Senator MALLOY made a Parliamentary Inquiry as to whether the question before the Senate was the motion to carry over the Joint Resolution.
The PRESIDENT Pro Tempore stated that the question before the Senate was the motion to carry over the Joint Resolution.
Senator MALLOY moved to table the motion to carry over the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Elliott Ford Hayes Hutto Jackson Malloy Martin, Larry Massey Scott Williams
Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Fair Grooms Knotts Leatherman Lourie Martin, Shane McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Setzler Sheheen Shoopman Thomas Verdin
The Senate refused to table the motion to carry over the Joint Resolution.
At 2:50 P.M., Senator MALLOY moved to adjourn debate until Wednesday, May 19, 2010.
Senator GROOMS moved to table the motion to adjourn debate.
Senator PEELER objected to further consideration of the Joint Resolution.
At 2:50 P.M., Senator MALLOY moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Coleman
Alexander Anderson Bright Bryant Campbell Campsen Cleary Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Sheheen Shoopman Thomas Verdin Williams
The Senate refused to adjourn.
Senator PEELER objected to all Bills and Resolutions on the Statewide Uncontested Calendar.
Senator GROOMS rose for an Expression of Personal Interest.
S. 981 (Word version) -- Senators Rose and Knotts: A BILL TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT THE COURT MAY ORDER GRANDPARENT VISITATION IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT THE PARENTS ARE UNFIT OR THAT THERE ARE COMPELLING CIRCUMSTANCES TO OVERCOME THE PRESUMPTION THAT THE PARENTAL DECISION IS IN THE CHILD'S BEST INTEREST.
Senator MALLOY objected to further consideration of the Bill.
H. 3719 (Word version) -- Reps. Clemmons, Weeks, Willis and Dillard: A BILL TO AMEND SECTION 23-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUBMISSION OF A MISSING PERSON REPORT TO THE MISSING PERSON INFORMATION CENTER, SO AS TO PROVIDE THAT ANY PERSON RESPONSIBLE FOR A MISSING PERSON, MAY SUBMIT A MISSING PERSON REPORT; TO AMEND SECTION 23-3-250, RELATING TO THE DISSEMINATION OF MISSING PERSON REPORT DATA, SO AS TO PROVIDE THAT ANY PERSON RESPONSIBLE FOR A MISSING PERSON REPORT TO A LAW ENFORCEMENT AGENCY; TO AMEND SECTION 23-3-270, RELATING TO THE DUTY OF A PERSON WHO SUBMITS A MISSING PERSON REPORT TO A LAW ENFORCEMENT AGENCY OR THE MISSING PERSON INFORMATION CENTER TO NOTIFY BOTH ENTITIES OF THE LOCATION OF AN INDIVIDUAL CONTAINED IN THE REPORT WHOSE LOCATION HAS BEEN DETERMINED, SO AS TO PROVIDE THAT ANY PERSON RESPONSIBLE FOR A MISSING PERSON MAY SUBMIT A MISSING PERSON REPORT TO A LAW ENFORCEMENT AGENCY OR TO THE MISSING PERSON INFORMATION CENTER; AND BY ADDING SECTION 23-3-330 SO AS TO ESTABLISH A STATEWIDE SYSTEM FOR THE RAPID DISSEMINATION OF INFORMATION REGARDING A MISSING PERSON WHO IS BELIEVED TO BE SUFFERING FROM DEMENTIA OR OTHER COGNITIVE IMPAIRMENT.
Senator LOURIE objected to further consideration of the Bill.
H. 3964 (Word version) -- Reps. Duncan, Ott, Vick, Loftis and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 21, TITLE 46 SO AS TO UPDATE AND CLARIFY SEED ARBITRATION PROCEDURES; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 46, RELATING TO GENERAL PROVISIONS OF SEED AND PLANT CERTIFICATION, SO AS TO REPLACE OBSOLETE DEFINITIONS, TO REVISE ENFORCEMENT MECHANISMS, TO CLARIFY LICENSING PROCEDURES, AND TO PROVIDE EXEMPTIONS; TO AMEND ARTICLE 3, CHAPTER 21, TITLE 46, RELATING TO LABELS AND TAGS REGARDING SEEDS AND PLANTS, SO AS TO REVISE THE LABELING REQUIREMENTS FOR SEED PRODUCTS, AND TO IMPOSE ADDITIONAL PROHIBITIONS; TO AMEND ARTICLE 5, CHAPTER 21, TITLE 46, RELATING TO ANALYSES AND TESTS REGARDING SEEDS AND PLANTS, SO AS TO DELETE REDUNDANT PROVISIONS, TO PROVIDE THAT DEPARTMENT OF AGRICULTURE OFFICIALS SHALL HAVE ACCESS TO SEED RECORDS AND SAMPLES, TO PROVIDE THAT SEED RECORDS SHALL BE MAINTAINED FOR TWO YEARS, AND TO CLARIFY WHO IS ENTITLED TO FREE SEED TESTING AT THE STATE SEED LABORATORY; TO AMEND ARTICLE 7, CHAPTER 21, TITLE 46, RELATING TO WITHDRAWAL, CONFISCATION, AND SALE OF SEEDS REGARDING SEEDS AND PLANTS, SO AS TO INCREASE PENALTIES FOR VIOLATIONS FROM A MAXIMUM OF ONE HUNDRED DOLLARS FOR EACH VIOLATION TO ONE THOUSAND DOLLARS FOR EACH VIOLATION, TO CLARIFY THE ROLE OF THE ATTORNEY GENERAL IN PROSECUTING VIOLATIONS, AND TO PROVIDE FOR INJUNCTIVE RELIEF TO PREVENT VIOLATIONS; TO AMEND ARTICLE 9, CHAPTER 21, TITLE 46, RELATING TO SEED AND PLANT CERTIFICATION, SO AS TO CLARIFY CLEMSON UNIVERSITY'S SEED AND PLANT CERTIFICATION AUTHORITY; AND TO REPEAL ARTICLE 11, CHAPTER 21, TITLE 46 RELATING TO SEED IRISH POTATOES IN CHARLESTON COUNTY.
Senator VERDIN explained the Bill.
Senator MALLOY objected to further consideration of the Bill.
H. 3800 (Word version) -- Reps. Toole, Erickson, Brady, Bowen, Brantley, Parker, Allison, Cato, Crawford, Dillard, Duncan, Gullick, Gunn, Horne, Hosey, Jefferson, Littlejohn, Millwood, Mitchell, Pinson, Stringer, Willis, Wylie, A.D. Young, J.E. Smith, Clemmons, Hutto and Viers: A BILL TO AMEND SECTION 63-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT ABUSE OR NEGLECT OF A CHILD, SO AS TO INCLUDE A SCHOOL ATTENDANCE OFFICER, SCHOOL ADMINISTRATOR, FOSTER PARENT, JUVENILE JUSTICE WORKER, AND GUARDIAN AD LITEM FOR A CHILD AMONG THE PEOPLE WHO MUST REPORT CERTAIN ALLEGATIONS OF CHILD ABUSE OR NEGLECT, AND TO ENCOURAGE OTHER PEOPLE TO REPORT THIS ABUSE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Fair Grooms Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
There being no further amendments, the Bill was read the third time.
Having voted on the prevailing side, Senator HUTTO moved to reconsider the vote whereby the Bill was given a third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Third reading of the Bill was reconsidered and the Bill was ordered returned to the Third Reading Calendar.
Senator HUTTO objected to further consideration of the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator LARRY MARTIN moved to dispense with the Motion Period.
Senator MALLOY moved to carry over the motion to dispense with the Motion Period.
Senator LARRY MARTIN moved to table the motion to carry over the motion to dispense with the Motion Period.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campbell Campsen Cleary Courson Cromer Davis Elliott Fair Grooms Hayes Jackson Knotts Land Leatherman Lourie Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Shoopman Thomas Verdin Williams
Bright Bryant Coleman Ford Hutto Malloy
The motion to carry over the motion to dispense with the Motion Period was laid on the table.
The question then was the motion to dispense with the Motion Period.
At 3:02 P.M., Senator MALLOY moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ford Malloy Massey
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Elliott Fair Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Martin, Larry Martin, Shane McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Shoopman Thomas Verdin Williams
The Senate refused to adjourn.
The question then was the motion to dispense with the Motion Period.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campbell Campsen Cleary Coleman Courson Cromer Elliott Fair Ford Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Shoopman Thomas Verdin Williams
Bright Bryant
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.
At 3:26 P.M., Senator GROOMS moved that the Senate stand in recess until 4:00 P.M.
Senator LEATHERMAN moved to table the motion to recede.
Senator LARRY MARTIN raised a Point of Order that the motion to recede was not subject to a tabling motion.
The PRESIDENT Pro Tempore sustained the Point of Order.
At 3:27 P.M., Senator MALLOY moved that the Senate stand adjourned until 4:00 P.M.
Senator LARRY MARTIN raised a Point of Order that the motion to stand adjourned was only subject to the provisions of Rule 1 and the motion to recede to a specific time was the correct motion.
The PRESIDENT Pro Tempore sustained the Point of Order.
The question then was the motion to recede until 4:00 P.M.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryant Davis Grooms Massey
Alexander Anderson Bright Campbell Campsen Cleary Coleman Courson Cromer Elliott Fair Ford Hayes Hutto Jackson Leatherman Lourie Malloy Martin, Larry Martin, Shane McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Shoopman Verdin Williams
The Senate refused to recede.
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, AND FOR THE STANDARD OF PROOF TO OVERCOME THE PRESUMPTION.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senator HAYES proposed the following amendment (JUD0382.003), which was adopted:
Amend the bill, as and if amended, by striking page 2, SECTION 3, lines 23-31 in their entirety.
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Knotts Leatherman Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Shoopman Verdin Williams
Bryant
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 391 (Word version) -- Senators Ryberg, McConnell, Verdin, Bryant, Cleary, Campsen, Shoopman, Campbell, Rose, Davis, Bright, S. Martin and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-29-300 SO AS CREATE THE WORKFORCE DEPARTMENT APPELLATE PANEL WITHIN THE DEPARTMENT OF WORKFORCE, TO PROVIDE FOR THE FILLING OF A VACANCY, TO REQUIRE THE PRESENT MEMBERS OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION MUST CONSTITUTE THE INITIAL MEMBERSHIP OF THE NEW PANEL, TO PROVIDE THE PANEL SHALL DISSOLVE WHEN THE MEMBERS' TERMS EXPIRE IN 2012, AND TO PROVIDE RELATED APPELLATE PROCEDURES; BY ADDING SECTION 41-29-310 SO AS TO TRANSFER THE WORKFORCE INVESTMENT ACT PROGRAM FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF WORKFORCE; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF WORKFORCE WITHIN THE EXECUTIVE BRANCH; TO AMEND SECTION 41-29-10, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT CERTAIN CHAPTERS WITHIN TITLE 41 MUST BE ADMINISTERED BY THE DEPARTMENT OF WORKFORCE AND TO DELETE REFERENCES TO THE EMPLOYMENT SECURITY COMMISSION; TO AMEND SECTION 41-29-20, RELATING TO THE CHAIRMAN, QUORUM, AND FILLING OF A VACANCY ON THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE THE DEPARTMENT OF WORKFORCE MUST BE MANAGED AND OPERATED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND THAT THE DIRECTOR IS SUBJECT TO REMOVAL BY THE GOVERNOR AT HIS DISCRETION BY EXECUTIVE ORDER; TO AMEND SECTION 41-29-30, RELATING TO THE APPOINTMENT OF A SECRETARY OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO DELETE THE EXISTING LANGUAGE AND PROVIDE THE DIRECTOR OF THE DEPARTMENT OF WORKFORCE OR HIS DESIGNEE MUST RECEIVE ANNUAL COMPENSATION AS PROVIDED BY THE GENERAL ASSEMBLY AND OFFICIAL EXPENSES AS PROVIDED BY LAW FOR EXECUTING THE DUTIES AND FUNCTIONS OF THE DEPARTMENT; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCESS, SO AS TO INCLUDE EMPLOYEES OF THE DEPARTMENT OF WORKFORCE AMONG THOSE EXEMPTED; TO AMEND SECTIONS 41-27-10, 41-27-30, 41-27-150, 41-27-160, 41-27-190, 41-27-210, AS AMENDED, 41-27-230, 41-27-235, AS AMENDED, 41-27-260, AS AMENDED, 41-27-360, 41-27-370, AS AMENDED, 41-27-380, 41-27-390, 41-27-510, 41-27-550, 41-27-560, 41-27-570, 41-27-580, 41-27-600, 41-27-610, 41-27-620, 41-27-630, 41-27-670, 41-29-40, 41-29-50, 41-29-60, 41-29-70, 41-29-80, 41-29-90, 41-29-100, 41-29-110, 41-29-120, AS AMENDED, 41-29-130, 41-29-140, 41-29-150, 41-29-170, AS AMENDED, 41-29-180, 41-29-190, 41-29-200, 41-29-210, 41-29-220, 41-29-230, 41-29-240, 41-29-250, 41-29-270, 41-29-280, 41-29-290, 41-33-10, 41-33-20, 41-33-30, 41-33-40, 41-33-45, 41-33-80, AS AMENDED, 41-33-90, 41-33-100, 41-33-110, 41-33-120, 41-33-130, 41-33-170, 41-33-180, 41-33-190, 41-33-200, 41-33-210, 41-33-430, 41-33-460, 41-33-470, 41-33-610, 41-33-710, 41-35-10, 41-35-30, 41-35-100, 41-35-110, AS AMENDED, 41-35-115, AS AMENDED, 41-35-120, AS AMENDED, 41-35-125, 41-35-126, 41-35-130, AS AMENDED, 41-35-140, 41-35-330, 41-35-340, 41-35-410, 41-35-420, AS AMENDED, 41-35-450, 41-35-610, 41-35-630, 41-35-640, AS AMENDED, 41-35-670, 41-35-680, AS AMENDED, 41-35-690, 41-35-700, 41-35-710, AS AMENDED, 41-35-720, 41-35-730, 41-35-740, 41-35-750, AS AMENDED, 41-37-20, 41-37-30, 41-39-30, 41-39-40, 41-41-20, AS AMENDED, 41-41-40, AS AMENDED, 41-41-50, 41-42-10, 41-42-20, 41-42-30, AND 41-42-40, ALL RELATING TO VARIOUS DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE REPLACEMENT OF THE EMPLOYMENT SECURITY COMMISSION WITH THE DEPARTMENT OF WORKFORCE; AND TO REPEAL SECTION 41-29-260 RELATING TO THE ABILITY OF COMMISSIONERS OF THE EMPLOYMENT SECURITY COMMISSION TO FILE OPINIONS OR OFFICIAL MINUTES.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Coleman Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Shoopman Verdin Williams
On motion of Senator RYBERG, the Bill was carried over.
H. 3418 (Word version) -- Reps. Harrell, Simrill, Crawford, Huggins, Bedingfield, Merrill, G.R. Smith, Erickson, Ballentine, Brady, Chalk, Daning, Delleney, Frye, Gambrell, Hamilton, Harrison, Hearn, Herbkersman, Loftis, Long, Lucas, Nanney, Pinson, Rice, G.M. Smith, Spires, Stringer, Thompson, Viers, Willis, Wylie, T.R. Young, Clemmons, Owens, Parker, Toole, M.A. Pitts, Lowe, Bingham, Umphlett, Sandifer and Edge: A BILL RELATING TO REFORM OF THE SOUTH CAROLINA ELECTION LAWS BY ENACTING THE "SOUTH CAROLINA ELECTION REFORM ACT"; TO AMEND SECTION 7-13-710 OF THE 1976 CODE TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PERMITTING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED AND PROVIDE AN EXCEPTION FOR A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED; TO AMEND SECTION 56-1-3350 TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST; TO AMEND SECTION 7-13-25 TO PROVIDE FOR AN EARLY VOTING PERIOD BEGINNING SIXTEEN DAYS BEFORE A STATEWIDE PRIMARY OR GENERAL ELECTION AND TO PROVIDE FOR THE HOURS AND EARLY VOTING LOCATION; TO AMEND SECTION 7-3-20(C) TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE ELECTIONS COMMISSION TO MAINTAIN IN THE MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTERS IN A GENERAL ELECTION; TO AMEND SECTION 7-15-30 TO ADD STATUTORY CITES REGARDING THE REQUEST OF AN ABSENTEE BALLOT; TO AMEND SECTION 7-15-470 TO PROVIDE FOR EARLY VOTING ON MACHINES DURING THE EARLY VOTING PERIOD ONLY AND DELETE THE REFERENCE TO ABSENTEE VOTING; TO AMEND SECTION 7-1-25 TO LIST FACTORS TO CONSIDER FOR DOMICILE; AND TO AMEND SECTION 7-5-230 TO REFERENCE REVISIONS TO SECTION 7-1-25.
The House returned the Bill with amendments.
Senator CAMPSEN explained the House amendment.
Senator CAMPSEN moved to nonconcur in the House amendments.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Elliott Fair Ford Grooms Hayes Hutto Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McConnell McGill Mulvaney Nicholson O'Dell Peeler Rankin Reese Rose Ryberg Scott Setzler Shoopman Verdin Williams
Bright
The Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1057 (Word version) -- Senators Alexander, Courson, Davis, Knotts, Grooms and McGill: A BILL TO AMEND SECTION 12-6-3622 OF THE 1976 CODE, RELATING TO TAX CREDITS FOR A FIRE SPRINKLER SYSTEM, TO CREATE A STUDY COMMITTEE TO DEVELOP AND EXPAND THE TAX CREDIT PROGRAM; TO AMEND SECTION 6-9-60, RELATING TO THE ADOPTION OF CERTAIN BUILDING CODES, TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT ADOPT BY REFERENCE A BUILDING CODE FOR RESIDENCES; AND TO REPEAL SECTION 6-9-135.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senator LEVENTIS spoke on the Bill.
With Senator LEVENTIS retaining the floor, with unanimous consent, the Senate proceeded to a consideration of the amendments.
Senators KNOTTS, S. MARTIN and BRIGHT proposed the following Amendment No. 5 (1057R010.JMK), which was withdrawn:
Amend the bill, as and if amended, by striking Section 6-9-55 and inserting:
/ "Section 6-9-55. No building code provision that would otherwise become effective after the effective date of this section concerning construction requirements for one-family or two-family dwellings shall be enforced unless approved by an act of the General Assembly specifically for that purpose. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator HUTTO raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.
The PRESIDENT Pro Tempore overruled the Point of Order.
Senator LEVENTIS moved to lay the amendment on the table.
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
At 4:25 P.M., with Senator HUTTO retaining the floor, Senator LAND asked unanimous consent to make a motion that the Senate recede for five minutes.
At 4:32 P.M., the Senate resumed.
At 4:33 P.M., on motion of Senator RYBERG, with unanimous consent, Senators SETZLER, RANKIN and RYBERG were granted leaved to attend a meeting, be counted in any quorum calls and were granted leave to vote from the balcony.
On motion of Senator KNOTTS, Amendment No. 5 was withdrawn.
Senator THOMAS proposed the following Amendment No. 6 (DKA\4033DW10), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 3 in its entirety.
Amend further by adding at the end an appropriately numbered SECTION to read:
/ SECTION __. Section 58-5-390 of the 1976 Code, as added by Act 357 of 2008, is amended to read:
"Section 58-5-390. (A) A publicly or privately owned utility may not impose a tap fee, other fee, or a recurring maintenance fee of any nature or however described for the installation and maintenance of a fire sprinkler system that exceeds the actual costs associated with the water line to the system.
(B) For purposes of this section, actual costs include direct labor, direct material, the necessity of increased capacity, and other direct charges associated with the separate fire sprinkler line. The direct costs must be documented by either an invoice or work order that specifically assigns the costs to the separate fire sprinkler line. Nothing in this section may be construed as requiring a utility to provide service to support a private fire protection system.
(C) Nothing in this section shall give the commission or the regulatory staff any power to regulate or interfere with public utilities owned or operated by or on behalf of any municipality or regional transportation authority as defined in Chapter 25 of this title or their agencies. /"
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Campsen Coleman Courson Cromer Davis Fair Grooms Hayes Hutto Jackson Knotts Land Leatherman Malloy Martin, Larry Martin, Shane Massey McConnell O'Dell Peeler Pinckney Rankin Reese Rose Ryberg Scott Setzler Shoopman Verdin Williams
The amendment was adopted.
Senators KNOTTS, SHANE MARTIN, McCONNELL, LEATHERMAN, ALEXANDER, HUTTO, CROMER and BRIGHT proposed the following Amendment No. 7(1057R012.JMK), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Chapter 9, Title 6 of the 1976 Code is amended by adding:
"Section 6-9-55. The council shall promulgate as regulations, in accordance with the procedure and requirements contained in Article 1, Chapter 23 of Title 1, any provision of or amendment to any building code that would affect construction requirements for one-family or two-family dwellings. No building code provision that would otherwise become effective after the effective date of this section concerning construction requirements for one-family or two-family dwellings shall be enforced until the effective date of the regulations required to be promulgated by this section." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
Senator LEVENTIS argued contra to the adoption of amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Leventis
Alexander Anderson Bright Campbell Campsen Coleman Courson Cromer Davis Ford Grooms Hayes Hutto Knotts Land Leatherman Malloy Martin, Larry Martin, Shane Massey McConnell O'Dell Peeler Pinckney Rankin Reese Rose Ryberg Scott Setzler Shoopman Verdin Williams
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
There being no further amendments, the question then was the second reading of the Bill.
Senator LEVENTIS spoke on the Bill.
At 5:08 P.M., Senator LARRY MARTIN moved under the provisions of Rule 15A to vote on the entire matter of S. 1057.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campbell Campsen Courson Cromer Davis Fair Grooms Hayes Leatherman Martin, Larry Martin, Shane McConnell O'Dell Peeler Rose Shoopman Verdin
Anderson Bright Coleman Ford Hutto Knotts Leventis Malloy Massey Pinckney Rankin Reese Ryberg Scott Setzler Williams
Having failed to receive the necessary vote, the motion under Rule 15A failed.
With Senator LEVENTIS retaining the floor, Senator LARRY MARTIN asked unanimous consent to make a motion that the Senate stand adjourned.
Senator CAMPSEN objected.
At 5:23 P.M., Senator LEVENTIS moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campbell Coleman Fair Ford Grooms Hayes Hutto Knotts Leatherman Leventis Malloy Martin, Larry McConnell O'Dell Peeler Pinckney Rankin Reese Rose Scott Shoopman Verdin Williams
Bright Bryant Campsen Courson Cromer Davis Martin, Shane Massey Setzler
Debate was interrupted by adjournment.
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John Anderson Hardin of Rock Hill, S.C.
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Francina Johnson of Andrews, S.C.
At 5:23 P.M., on motion of Senator LEVENTIS, the Senate adjourned to meet tomorrow at 2:00 P.M.
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