Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Even as he argues his case, Job maintains that,
". . .until I die I will not put away my integrity from me."
(Job 27:5b)
Join me as we bow in prayer, if you will:
Holy God, we have spoken this week of South Carolina's great need for leaders who demonstrate deeply-felt nobility of character and who possess wisdom of the sort that can benefit all people. Such individuals are inevitably women and men whose actions and speech proclaim "integrity" at every level. May it be, O God, that we are always able to use that word to describe and define each servant of Yours here in this Senate Chamber. Ultimately, may their integrity result in marvelous benefits for our State. This we pray in Your loving name, dear Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Nikki Randhawa Haley:
Reappointment, Beaufort County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Rod H. Sproatt, 8 Chloe Court, Beaufort, SC 29907
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Henry W. Guerard, 1535 Wakendaw Road, Charleston, SC 29464
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
James A. Turner, 351 Confederate Circle, Charleston, SC 29407
Reappointment, Beaufort County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Joseph N. Kline, 42 Kline Circle, Seabrook, SC 29940
At 12:15 P.M., Senator O'DELL requested a leave of absence until Tuesday at Noon.
At 12:15 P.M., Senator JACKSON requested a leave of absence for Tuesday and Wednesday of next week.
Senator ROSE rose for an Expression of Personal Interest.
Senator FORD rose for an Expression of Personal Interest.
My Fellow Senators and South Carolinians:
Today, I rise as the minority member of the Senate Judiciary subcommittee on S. 20 on immigration, chaired by the Senator from Pickens, Senator LARRY MARTIN. The other members of the subcommittee are Senators GLENN McCONNELL and CHIP CAMPSEN of Charleston. The subcommittee conducted seven (7) public hearings across the State of South Carolina. The subcommittee also rendered a vote of 3-1 in support of S. 20. My remarks today are in reference to the remarks I made on Tuesday, February 8, 2011, at the full Senate Judiciary Committee meeting on Senate Bill 20.
I would like to clarify some confusing information that is floating around South Carolina with reference to the remarks I made at the Senate Judiciary Committee meeting. I tried to paint a picture for the members of the Senate Judiciary Committee on the work habits of America starting in early 1580 - to the present. I reiterated, when the pilgrims first landed in this country, they also brought with them a class of workers that were called indentured servants. Indentured servants were bound to their proprietor/master and could win their freedom after
a short period of time. During that time they performed whatever work that had to be done; basically they did the hard work for the people that owned them.
1619-1865 was the slavery period of Africans. Free Africans were brought to this country and worked for 246 years as slaves in America. I am explaining this to you in the same manner as I described this to the Senators in Judiciary Committee meeting. We also know the kind of work they did was beyond our imagination. Immediately after slavery, the next group of workers that were brought to this country were the Chinese workers in order to build the railroad system that connected America from the Atlantic Ocean to the Pacific Ocean. The other major groups of workers to be brought to America were the Eastern Europeans and the Irish to do the hard work during the Industrial Revolution and to build automobiles. I would like to call this group of workers because of the era and their specific work agenda the Henry Ford Workers.
From 1865-1880 there was no labor union and workers had to work from 84 hours to 100 hours per week. By 1890, millions of workers had formed various labor unions in America changing the normal work week from 84-hours to 40 hours per week with holidays, sick days and vacation days. Also in that union contract were two to three breaks for an eight hour day, one week of vacation and one legal holiday that we call Labor Day.
As a staff member of the Southern Christian Leadership Conference, I was also assigned to work as a Labor Union Organizer. On Tuesday my remarks were not only reflected as a member of the Senate Judiciary Committee, but also as a person who has knowledge about the labor movement in America. I concluded my remarks on Tuesday by telling the members of the Senate Judiciary Committee why we need the Mexican and Latino workers in South Carolina in 2011. I made several humorous comments and I discovered that my friends in the news media, who I now believe don't know a thing about history and know even less about reporting the news by paraphrasing and/or omitting valuable content. So to hide their ignorance about history they nit-picked and the crap they published completely missed the main points about immigration and were simply done because they did not know any better.
I would like to inform the news media that this is the age of the internet and the social networking era. I have 9,000 e-mail addresses in my e-mail list. When you consider one of my key persons "Thomas Thomas" has 37,000+ and growing contacts, and the other
"ABETTERDAYFORSCSTATE" has approximately 50,000 and growing contacts, that in one hour's time in the normal e-mail forwarding process, I can easily get my e-mail message to 300,000 people. So, you can keep your ignorance and bigotry to yourself. Just don't ask me anything else in the future.
On motion of Senator KNOTTS, with unanimous consent, the remarks of Senator FORD were ordered printed in the Journal.
Senator SCOTT rose for an Expression of Personal Interest.
The following co-sponsors were added to the respective Bills:
S.404 (Word version) Sen. Leatherman
S.461 (Word version) Sen. Lourie
The following were introduced:
S. 534 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE GREAT STATE OF SOUTH CAROLINA, AND TO DECLARE FEBRUARY 15, 2011, "YORK COUNTY DAY" IN SOUTH CAROLINA.
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On motion of Senator HAYES, with unanimous consent, the Concurrent Resolution was adopted and ordered sent to the House.
S. 535 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXEMPT FROM STATE-IMPOSED SALES AND USE TAX TANGIBLE PERSONAL PROPERTY SOLD OR LEASED TO A PUBLIC INSTITUTION OF HIGHER LEARNING.
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Read the first time and referred to the Committee on Finance.
S. 536 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-
6-3592 SO AT TO ALLOW AN INCOME TAX CREDIT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE COSTS INCURRED BY A TAXPAYER IN THE PURCHASE AND INSTALLATION OF A GEOTHERMAL HEAT PUMP SYSTEM.
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Read the first time and referred to the Committee on Finance.
S. 537 (Word version) -- Senator Leventis: A BILL TO AMEND SECTIONS 12-16-20, AS AMENDED, AND 12-16-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FILING REQUIREMENTS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE THAT FOR THE ESTATES OF DECEDENTS DYING AFTER JUNE 30, 2011, THE TERM "INTERNAL REVENUE CODE" MEANS THE INTERNAL REVENUE CODE OF 1986 AS THE PROVISIONS OF THAT CODE APPLIED FOR THE ESTATES OF DECEDENTS WHO DIED ON DECEMBER 31, 2001, AND TO MAKE CONFORMING AMENDMENTS WITH RESPECT TO FILING REQUIREMENTS.
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Read the first time and referred to the Committee on Finance.
S. 538 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 37, PART IB OF ACT 291 OF 2010, AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2010, BY ADDING SECTION 37.19 TO PROVIDE THAT WATER RECREATIONAL RESOURCE FUNDS APPORTIONED AMONG THE COUNTIES SHALL BE TRANSFERRED TO THE SCHOOL DISTRICTS OF THE COUNTIES, AND TO PROVIDE THAT OF MONIES ACCUMULATED IN THE STATE WATER RECREATION FUND NOT YET APPROPRIATED TO THE COUNTIES, FIFTY PERCENT SHALL BE TRANSFERRED TO THE COUNTIES AND TRANSFERRED TO THE SCHOOL DISTRICTS OF THE COUNTIES.
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Read the first time and referred to the Committee on Finance.
S. 539 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 16-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE DEFINITION OF "HOUSEHOLD MEMBER" IN CONNECTION WITH CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO INCLUDE PERSONS IN A DATING RELATIONSHIP AND TO DEFINE "DATING RELATIONSHIP"; TO AMEND SECTION 20-4-20, AS AMENDED, RELATING TO DEFINITIONS IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO REVISE THE DEFINITION OF "HOUSEHOLD MEMBER" TO INCLUDE PERSONS IN A DATING RELATIONSHIP AND TO DEFINE "DATING RELATIONSHIP"; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO THE PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT A PARENT OR GUARDIAN MAY PETITION THE COURT FOR AN ORDER ON BEHALF OF A MINOR WHO IS IN A DATING RELATIONSHIP; AND TO AMEND SECTION 20-4-60, AS AMENDED, RELATING TO THE CONTENTS OF AN ORDER OF PROTECTION, SO AS TO AUTHORIZE A RESPONDENT IN A PROCEEDING TO COMPLETE A BATTERER TREATMENT PROGRAM AND TO ORDER OTHER PROHIBITIONS OR REQUIREMENTS NECESSARY TO PROTECT THE ABUSED PERSON.
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Read the first time and referred to the Committee on Judiciary.
S. 540 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT THE COURT MAY PROHIBIT HARM OR HARASSMENT TO A PET ANIMAL OWNED, POSSESSED, KEPT, OR HELD BY THE PETITIONER AND TO PROVIDE THAT IN ORDERING TEMPORARY POSSESSION OF PERSONAL PROPERTY, THE COURT MAY ORDER THE TEMPORARY POSSESSION OF PET ANIMALS.
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Read the first time and referred to the Committee on Judiciary.
S. 541 (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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Read the first time and referred to the Committee on Judiciary.
S. 542 (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 CITIZEN-INFORMED PARTICIPATION IN THE ELECTORAL PROCESS.
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Read the first time and referred to the Committee on Judiciary.
S. 543 (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 TO 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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Read the first time and referred to the Committee on Judiciary.
S. 544 (Word version) -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.
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Read the first time and referred to the Committee on Judiciary.
S. 545 (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 BALLOT, AND TO PROVIDE HOW THE QUALIFIED ELECTOR MAY CAST THE BALLOT ONLY FOR OFFICES FOR WHICH HE IS QUALIFIED.
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Read the first time and referred to the Committee on Judiciary.
S. 546 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 7-19-70, AS AMENDED, 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 NINE CANDIDATES, TWO TO BE APPOINTED AT LARGE AND SEVEN TO BE APPOINTED TO REPRESENT THE SEVEN 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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Read the first time and referred to the Committee on Judiciary.
S. 547 (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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Read the first time and referred to the Committee on Judiciary.
S. 548 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. SELDEN SMITH FOR HIS YEARS OF OUTSTANDING SERVICE TO THE SOUTH CAROLINA COUNCIL ON THE HOLOCAUST IN EDUCATING THOUSANDS OF SOUTH CAROLINIANS ABOUT THE HISTORY AND LESSONS OF THE HOLOCAUST.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 530 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 16, 2011, AS "CITIES MEAN BUSINESS DAY" TO RECOGNIZE AND HONOR THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO THE ECONOMIC PROSPERITY OF SOUTH CAROLINA THROUGH THEIR RELATIONSHIP WITH LOCAL BUSINESSES.
Returned with concurrence.
Received as information.
S. 534 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE
GREAT STATE OF SOUTH CAROLINA, AND TO DECLARE FEBRUARY 15, 2011, "YORK COUNTY 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. 3243 (Word version) -- Reps. Pinson, Pitts and Parks: A BILL TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 IN GREENWOOD COUNTY, SO AS TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.
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:
Nicholson O'Dell
Total--0
The Bill was read the third time, passed and ordered enrolled for Ratification.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 430 (Word version) -- Senators L. Martin and Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY STUDENTS ATTENDING DANIEL HIGH SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT ON AUGUST 18, 2010, DUE TO A WATER MAIN BREAK, IS EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
The following Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:
H. 3551 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 4A AND 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2011.
Senator LARRY MARTIN explained the Joint Resolution.
The question then was second reading of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McConnell McGill Nicholson O'Dell
Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Verdin Williams
Total--0
The Resolution was read the second time and placed on the Third Reading Calendar.
S. 38 (Word version) -- Senators McConnell, L. Martin and Campsen: A BILL TO AMEND SECTION 56-19-240 OF THE 1976 CODE, RELATING TO THE FORM AND CONTENT OF APPLICATIONS FOR VEHICLE TITLES, TO PROVIDE THAT THE APPLICANT MUST PROVIDE WITH THE APPLICATION A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD IF THE APPLICANT IS AN INDIVIDUAL, TO PROVIDE THAT THE APPLICANT MUST PROVIDE A SOCIAL SECURITY NUMBER FOR A SOLE PROPRIETOR OR FEDERAL EMPLOYER IDENTIFICATION NUMBER AND THE PHYSICAL ADDRESS OF THE BONA FIDE PLACE OF BUSINESS IF THE APPLICANT IS A BUSINESS, AND TO PROHIBIT TITLING VEHICLES PURCHASED FOR OPERATION IN A FOREIGN JURISDICTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (38R001.LKG), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 11 - 17 and inserting:
/ TO AMEND SECTION 56-19-240 OF THE 1976 CODE, RELATING TO THE FORM AND CONTENT OF APPLICATIONS FOR VEHICLE TITLES, TO PROVIDE THAT THE APPLICANT MUST PROVIDE WITH THE APPLICATION A VALID DRIVER'S
LICENSE OR IDENTIFICATION CARD IF THE APPLICANT IS AN INDIVIDUAL, TO PROVIDE THAT THE APPLICANT MUST PROVIDE A SOCIAL SECURITY NUMBER FOR A SOLE PROPRIETOR OR FEDERAL EMPLOYER IDENTIFICATION NUMBER AND THE PHYSICAL ADDRESS OF THE BONA FIDE PLACE OF BUSINESS IF THE APPLICANT IS A BUSINESS, AND TO PROHIBIT TITLING VEHICLES PURCHASED FOR OPERATION IN A FOREIGN JURISDICTION. /
Amend the bill further, as and if amended, page 2, by striking lines 18 - 23 and inserting:
/ Identification Number (FEIN), if the business has employees; and
(b) a South Carolina physical address of the bona fide place of business operations for the business;
(3) for vehicles that have more than one owner, only one co-owner must provide the information required pursuant to items (1) or (2) of this subsection; /
Amend the bill further, as and if amended, page 4, by striking lines 1 - 5 and inserting:
/ SECTION 2. This act takes effect January 1, 2012, and applies to applications for registration and title made on or after that date. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPBELL explained the committee amendment.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Bright Bryant Campbell Campsen Cleary Courson Davis Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis
Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McConnell McGill Nicholson O'Dell Peeler Pinckney Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
S. 358 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-2335 OF THE 1976 CODE, RELATING TO RESEARCH AND DEVELOPMENT LICENSE PLATES, TO PROVIDE THAT RESEARCH AND DEVELOPMENT LICENSE PLATES MAY ALSO BE ISSUED TO VEHICLES OWNED BY THE RESEARCH AND DEVELOPMENT BUSINESS AND BY A FLEET OWNER UNDER CONTRACT WITH THE RESEARCH AND DEVELOPMENT BUSINESS, TO INCREASE THE MAXIMUM NUMBER OF RESEARCH AND DEVELOPMENT LICENSE PLATES THAT MAY BE ISSUED, AND TO PROVIDE FOR OPERATION OF RESEARCH AND DEVELOPMENT LICENSED VEHICLES IN OTHER STATES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
Senators GROOMS and CAMPBELL proposed the following amendment (358R002.LKG), which was adopted:
Amend the committee amendment, as and if amended, page [358-1], by striking lines 40 - 42 and on page [358-2], by striking lines 1 - 24 and inserting:
/ (B)(1) Upon application and payment of the required fee, the Department of Motor Vehicles may issue research and development license plates to a research and development business. The license plates must be used exclusively on motor vehicles, including motorcycles, provided by a motor vehicle manufacturer to the research and development business for the purpose of testing and evaluating the performance of the research and development business' tires on the motor vehicle.
(2) Application for research and development license plates must be made by the research and development business on a form prescribed by the department and submitted with proof of the applicant's status as a bona fide research and development business. The cost of each research and development license plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the testing facility of the business is located. Each plate is valid for two years. A maximum of one hundred research and development license plates may be issued for the two-year period.
(C)(1) Application for research and development license plates must be made by the research and development business on a form prescribed by the department and submitted with proof of the applicant's status as a bona fide research and development business. The cost of each research and development license plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the testing facility of the business is located. Each plate is valid for two years. A maximum of thirty one hundred research and development license plates may be issued for the two-year period. Upon application and payment of the required fee, the Department of Motor Vehicles may issue fleet research and development plates to a research and development business or to a contracted fleet owner. The license plates will be registered to a specific vehicle owned by the research and development business, or owned by a contracted fleet owner under contract with the research and development business.
(2) Application for fleet research and development license plates must be made by the contractor on a form prescribed by the department and submitted with certification from the research and development business establishing the applicant's status as a bona fide contracted
fleet owner under contract with the research and development business. The cost of each fleet research and development license plate is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the vehicle is sited, as evidenced by the address on the registration card. Each plate is valid for two years. A maximum of one hundred fleet research and development license plates may be issued to a contracted fleet owner for the two-year period.
(D) Vehicles with research and development plates or fleet research and development plates may be operated on the state's streets and highways or another state's streets and highways pursuant to a reciprocity agreement with that state. The vehicles may be operated pursuant to this section only for the purpose of testing and evaluating the performance of the research and development business' tires on the motor vehicle. /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The perfecting amendment to the committee amendment was adopted.
The Committee on Transportation proposed the following amendment (358R001.LKG), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-2335 of the 1976 Code is amended to read:
"Section 56-3-2335. (A) As used in this section,:
(1) 'research Research and development business' or 'business' means a person who manufacturers tires in this State for use as original or replacement equipment on new and unused motor vehicles and who conducts research and development activities on tires in conjunction with the person's manufacturing activities in South Carolina.
(2) 'Contracted fleet owner' or 'contractor' means a person or company in the business of operating a group of vehicles driven by their employees for the purpose of testing and evaluating the performance of a research and development business' tires.
(3) 'Tires' include tires and tire replacement parts.
(B) Upon application and payment of the required fee, the Department of Motor Vehicles may issue research and development license plates to a research and development business. The license plates must be used exclusively on motor vehicles, including motorcycles, owned by the research and development business, provided to the research and development business by a contractor under contract with the research and development business, or provided by a motor vehicle manufacturer to the research and development business for the purpose of testing and evaluating the performance of the research and development business' tires on the motor vehicle.
(C) Application for research and development license plates must be made by the research and development business on a form prescribed by the department and submitted with proof of the applicant's status as a bona fide research and development business. The cost of each research and development license plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the testing facility of the business is located. Each plate is valid for two years. A maximum of thirty one hundred research and development license plates may be issued for the two-year period.
(D) Vehicles with research and development plates may be operated on the state's streets and highways or another state's streets and highways pursuant to a reciprocity agreement with that state. The vehicles may be operated pursuant to this section only for the purpose of testing and evaluating the performance of the research and development business' tires on the motor vehicle.
(E) The Department of Motor Vehicles may enter into reciprocal agreements with other states concerning the registration and operation of vehicles owned by a research and development business, provided to the research and development business by a contractor under contract with the research and development business, or provided by a motor vehicle manufacturer to the research and development business for the purpose of testing and evaluating the performance of the research and development business' tires.
(F) It is the sole responsibility of the research and development business, or contracted fleet owner, to take any other actions required by another state that are necessary for the research and development business, or contracted fleet owner, to legally test and evaluate the performance of the research and development business' tires in that state. The research and development business must comply with any
other requirements associated with the operation of the vehicle on the other state's roads and highways."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the committee amendment.
The committee amendment was adopted.
The question then was second 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 Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McConnell McGill Nicholson O'Dell Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Verdin Williams
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
S. 20 (Word version) -- Senators Grooms, McConnell, Thomas, Alexander, Leatherman, Knotts, Bryant, Hayes, Rose, Verdin, S. Martin, Peeler, L. Martin, Fair, Ryberg, Cromer, Campsen, Davis, Shoopman and Rankin: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-250 TO PROVIDE THAT WHERE A LAW ENFORCEMENT OFFICER HAS REASONABLE SUSPICION THAT A PERSON STOPPED, DETAINED, OR ARRESTED BY LAW ENFORCEMENT IS AN ALIEN UNLAWFULLY IN THE UNITED STATES, THE OFFICER OR HIS AGENCY MUST FOLLOW CERTAIN PROCEDURES TO VERIFY HIS IMMIGRATION STATUS; AND TO AMEND ARTICLE 5, CHAPTER 9, TITLE 16, BY ADDING SECTION 16-9-480 TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNLAWFULLY IN THE UNITED STATES TO SOLICIT OR ATTEMPT TO SOLICIT WORK, AND TO PROVIDE PROCEDURES FOR VERIFYING IMMIGRATION STATUS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MALLOY spoke on the Bill.
Senator MALLOY objected to further consideration of the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 345 (Word version) -- Senators Setzler, McGill, Land, Reese, Elliott, Williams, Nicholson, Lourie, Coleman, Sheheen, Matthews, Leventis, Alexander, Pinckney, Malloy, O'Dell, S. Martin, Peeler and L. Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED DURING THE PERIOD OF JANUARY 10, 2011, THROUGH JANUARY 14, 2011, BY THE STUDENTS OF ANY SCHOOL DISTRICT OF THIS STATE WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW OR INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
Senator COURSON made a motion to recall the Joint Resolution from the Committee on Education.
The Resolution was recalled and ordered placed on the Calendar.
Senator RYBERG desired to be recorded as voting against the motion to recall the Resolution from the Committee on Education.
H. 3003 (Word version) -- Reps. Clemmons, Harrell, Lucas, Bingham, Harrison, Cooper, Owens, Sandifer, Allison, Ballentine, Bannister, Barfield, Bowen, Cole, Crawford, Daning, Delleney, Forrester, Frye, Gambrell, Hamilton, Hardwick, Hiott, Horne, Huggins, Limehouse, Loftis, Long, Lowe, Merrill, V.S. Moss, Norman, Parker, G.M. Smith, G.R. Smith, Sottile, Stringer, Toole, Umphlett, Viers, White, Crosby, Thayer, Simrill, Ryan, McCoy, Murphy, Atwater, Henderson, Quinn, Tallon, Patrick, J.R. Smith, Hixon, Taylor, Young, Bedingfield, Corbin, Pitts, Chumley, Spires, Pope, Bikas, Pinson, D.C. Moss, Erickson, Willis, Brady, Herbkersman, Nanney, Brannon and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-3-70 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO CREATE A LIST CONTAINING ALL REGISTERED VOTERS WHO ARE QUALIFIED TO VOTE, BUT DO NOT HAVE A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES AS OF JANUARY 1, 2013, AND TO REQUIRE THE DEPARTMENT TO FURNISH A LIST OF PERSONS WITH A SOUTH CAROLINA DRIVER'S LICENSE OR OTHER FORM OF IDENTIFICATION CONTAINING A PHOTOGRAPH ISSUED BY THE DEPARTMENT AT NO CHARGE TO THE COMMISSION; BY ADDING SECTION 7-5-675 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO IMPLEMENT A SYSTEM IN ORDER TO ISSUE VOTER REGISTRATION CARDS WITH A PHOTOGRAPH OF THE ELECTOR; TO REQUIRE THE STATE ELECTION COMMISSION TO ESTABLISH AN AGGRESSIVE VOTER EDUCATION PROGRAM CONCERNING THE PROVISIONS OF THIS ACT; TO AMEND SECTION 7-1-25, RELATING TO THE DEFINITION OF "DOMICILE", SO AS TO PROVIDE FACTORS TO CONSIDER IN DETERMINING A
PERSON'S INTENTION REGARDING HIS DOMICILE; TO AMEND SECTION 7-3-20, AS AMENDED, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN IN A MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTING IN A GENERAL ELECTION; TO AMEND SECTION 7-5-125, RELATING TO THE ISSUANCE OF A WRITTEN NOTIFICATION OF REGISTRATION TO VOTE, SO AS TO PROVIDE FOR THE ISSUANCE OF A DUPLICATE NOTIFICATION IF THE ELECTOR TO WHOM IT WAS ORIGINALLY ISSUED LOSES OR DEFACES IT; TO AMEND SECTION 7-5-230, AS AMENDED, RELATING TO THE BOARDS OF REGISTRATION BEING THE JUDGES OF THE LEGAL QUALIFICATIONS OF ALL APPLICANTS FOR REGISTRATION, SO AS TO ADD A REFERENCE TO SECTION 7-1-25 AND DELETE CERTAIN CRITERIA USED WHEN CONSIDERING A CHALLENGE REGARDING THE RESIDENCE OF AN ELECTOR; TO AMEND SECTION 7-13-710, AS AMENDED, RELATING TO THE PRESENTATION OF A PERSON'S PROOF OF HIS RIGHT TO VOTE, SO AS TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PROVIDING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED AND PROVIDE FOR CERTAIN EXCEPTIONS, TO REQUIRE A POLL MANAGER TO COMPARE THE PHOTOGRAPH ON THE REQUIRED IDENTIFICATION WITH THE PERSON PRESENTING HIMSELF TO VOTE AND VERIFY THAT THE PHOTOGRAPH IS THAT OF THE PERSON SEEKING TO VOTE; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE REFERENCES TO AN AUTHORIZED REPRESENTATIVE REQUESTING AN APPLICATION FOR A QUALIFIED ELECTOR; TO AMEND SECTION 7-15-385, AS AMENDED, RELATING TO THE MARKING AND RETURNING OF THE ABSENTEE BALLOT, SO AS TO REQUIRE THE BOARD OF REGISTRATION TO RECORD, INSTEAD OF NOTE, CERTAIN PROCEDURES REGARDING THE RETURN OF THE ABSENTEE BALLOT; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO
PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTION 7-15-470 RELATING TO THE PROHIBITION OF VOTING ON A VOTING MACHINE FOR IN-PERSON ABSENTEE VOTING.
Senator LARRY MARTIN, as Chairman of the Committee on Rules, moved to make the Bill a Special Order pursuant to Rule 33B.
The motion to make the Bill a Special Order was polled out of the Committee on Rules as follows:
AYES
Martin, Larry McConnell Knotts Cromer Leatherman Massey Davis Martin, Shane Rose Shoopman
NAYS
Reese Land Hutto Matthews Nicholson
NOT VOTING
Malloy Elliott
The question then was the motion to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bright Bryant Campbell Campsen Cleary Courson Cromer Davis Fair Grooms Hayes Knotts Leatherman Martin, Larry Martin, Shane Massey McConnell O'Dell Peeler Rankin Rose Ryberg Shoopman Thomas Verdin
Anderson Coleman Ford Hutto Jackson Leventis Lourie Malloy Matthews McGill Nicholson Pinckney Reese Scott Setzler Sheheen Williams
Having received the necessary vote, the Bill was set for Special Order.
On motion of Senator McCONNELL, the Senate agreed to go into executive session.
On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Corrections and Penology Committee, the following appointment was confirmed in open session:
Initial Appointment, Director of Department of Corrections, with term coterminous with Governor
William Robert Byars, 200 Hunt Trace, Camden, SC 29020 VICE Jon Ozmint
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McConnell McGill Nicholson O'Dell Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Verdin Williams
Total--0
The appointment was confirmed.
Having received a favorable report from the General Committee, the following appointment was confirmed in open session:
Initial Appointment, Director of Department of Social Services, with term coterminous with Governor
Lillian B. Koller, 95-270 Waikalani Drive M304, Mililani, HI 96789 VICE Kathleen Hayes, Ph.D.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McConnell McGill Nicholson O'Dell Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Verdin Williams
Total--0
The appointment was confirmed.
Having received a favorable report from the Medical Affairs Committee, the following appointment was confirmed in open session:
Initial Appointment, Director of Department of Alcohol and Other Drug Abuse Services, with term coterminous with Governor
Robert Creighton Toomey, 33 Lockwood Dr., Charleston, SC 29401 VICE Lee Catoe
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McConnell McGill Nicholson O'Dell Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Verdin Williams
Total--0
The appointment was confirmed.
Having received a favorable report from the Transportation Committee, the following appointments were confirmed in open session:
Initial Appointment, Director of Department of Motor Vehicles, with term coterminous with Governor
Kevin Shwedo, 203 Victory Landing Loop, Columbia, SC 29206 VICE Marcia Adams
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McConnell McGill Nicholson O'Dell Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Verdin Williams
Total--0
The appointment was confirmed.
Initial Appointment, Director of Department of Transportation, with term coterminous with Governor
Robert Joseph St. Onge, Jr., 161 Windjammer Dr., Leesville, SC 29070 VICE H. Buck Limehouse, Jr.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Campsen Cleary Coleman Courson Cromer Davis Fair Ford Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McConnell McGill Nicholson O'Dell Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Verdin Williams
Total--0
The appointment was confirmed.
Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Reappointment, Beaufort County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Rod H. Sproatt, 8 Chloe Court, Beaufort, SC 29907
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
Henry W. Guerard, 1535 Wakendaw Road, Charleston, SC 29464
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011
James A. Turner, 351 Confederate Circle, Charleston, SC 29407
Reappointment, Beaufort County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Joseph N. Kline, 42 Kline Circle, Seabrook, SC 29940
On motion of Senator NICHOLSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Riley Ficklin Watson, retired educator, of Greenwood, S.C.
At 12:59 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
This web page was last updated on Wednesday, November 23, 2011 at 11:58 A.M.