South Carolina General Assembly
117th Session, 2007-2008
Journal of the Senate


Printed Page 1111 . . . . . Wednesday, March 7, 2007

Wednesday, March 7, 2007
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., 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 the lovely story of the Prodigal Son we read:

"The son said to him, 'Father, I have sinned against heaven and against you. I am no longer worthy to be called your son'."
(Luke 15:21)

Join me as we bow in prayer, friends:

We confess, dear God, that as Your children all of us sometimes are less than we ought to be. We find ourselves beset with pride; we cave in to pressures we know we should resist; we speak when we ought to remain silent; we fail to act when it is clear that wise action must prevail. Forgive us, O God of Love. Help us to become ever moreso the children You wish us to be. May we always speak and act in ways that are pleasing to You-in ways that prove to be a blessing to the people we are called to serve here in this State.

In Your name, O Lord, we pray.
Amen.

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

Doctor of the Day

Senator DRUMMOND introduced Dr. Stanley C. Baker, Jr. of Greenville, S.C., Doctor of the Day.

Expression of Personal Interest

Senator LEATHERMAN rose for an Expression of Personal Interest.

S. 465--CO-SPONSOR ADDED

S. 465 (Word version) -- Senators Ritchie, Fair, Leventis, Martin, Alexander, Campsen, Knotts, Ford, Anderson, Sheheen, Patterson, Williams, McConnell, Bryant and Cromer: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY


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AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.

On motion of Senator LEATHERMAN, with unanimous consent, the name of Senator LEATHERMAN was added as a co-sponsor of S. 465.

RECALLED

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO PROVIDE FOR THE RESTRUCTURING OF THE DEPARTMENT OF TRANSPORTATION. (ABBREVIATED TITLE)

Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 531 (Word version) -- Senator Elliott: A SENATE RESOLUTION TO REQUEST THE GOVERNOR OF SOUTH CAROLINA TO DECLARE BY EXECUTIVE ORDER THAT NO ILLEGAL ALIEN IS ELIGIBLE TO RECEIVE ANY SERVICES OR ASSISTANCE PROVIDED BY THE DEPARTMENT OF SOCIAL SERVICES OR ANY OTHER STATE AGENCY TO THE EXTENT ALLOWED BY LAW.
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Senator ELLIOTT spoke on the Resolution.

The Senate Resolution was adopted.

Recorded Vote

Senator FORD desired to be recorded as voting against the adoption of the Resolution.

S. 532 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE


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CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 14, 2007, AND FRIDAY, JUNE 15, 2007.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 533 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION RECOGNIZING THE URGENCY TO TAKE MEANINGFUL STEPS, BEGINNING WITH COVERING ALL OF AMERICA'S CHILDREN, TO SOLVE ONE OF AMERICA'S GREATEST PROBLEMS, LACK OF SUFFICIENT HEALTH CARE, AND DESIGNATING APRIL 23-29, 2007, "COVER THE UNINSURED WEEK" IN SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the Committee on Banking and Insurance.

S. 534 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 620 OF 1992 AND ACT 741 OF 1990, BOTH AS AMENDED, RELATING TO THE REAPPORTIONMENT OF THE ELECTION DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY ARE ELECTED, SO AS TO FURTHER REAPPORTION THESE DISTRICTS AND TO DESIGNATE A MAP NUMBER FOR THE TWO MAPS ON WHICH THESE NEW LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DESIGNATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and ordered placed on the Calendar without reference.

S. 535 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-6-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELECTION OF MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE ELECTION EVERY FOUR YEARS OF THE COMMISSIONERS ELECTED BY THE GENERAL ASSEMBLY BEGINNING FEBRUARY 1, 2008.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 536 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-217 SO AS TO PROHIBIT AN AUTOMOBILE INSURANCE COMPANY FROM LIMITING OR EXCLUDING BODILY INJURY, UNINSURED MOTORIST, OR UNDERINSURED COVERAGE, OTHERWISE AFFORDED UNDER A POLICY BECAUSE OF A FAMILY RELATIONSHIP BETWEEN A CLAIMANT AND THE INSURED, REGARDLESS OF WHETHER THE COVERAGE IS MANDATORY OR VOLUNTARY.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 537 (Word version) -- Senator McConnell: A BILL TO PROVIDE FOR FOUR ADDITIONAL MEMBERS OF THE CHARLESTON NAVAL COMPLEX REDEVELOPMENT AUTHORITY, TO PROVIDE THAT THESE FOUR MEMBERS PLUS THE GUBERNATORIALLY APPOINTED MEMBERS OF THE AUTHORITY SHALL ALSO CONSTITUTE THE CHARLESTON NAVAL BASE MUSEUM AUTHORITY, TO DEVOLVE THE FUNCTIONS, DUTIES, AND POWERS OF THE HUNLEY COMMISSION UPON THE NAVAL BASE MUSEUM AUTHORITY, AND TO PROVIDE THAT THE NAVAL BASE MUSEUM AUTHORITY IS CONSIDERED THE SUCCESSOR-IN-INTEREST TO CERTAIN CONTRACTS AND AGREEMENTS; AND TO AMEND ACT 356 OF 2002, RELATING TO THE BUDGET PROVISO CODIFICATION ACT INCLUDING A PROVISION PERTAINING TO PROPERTY TRANSFERS AND REVENUES AND FUNDING OF THE CHARLESTON NAVAL COMPLEX REDEVELOPMENT AUTHORITY, SO AS TO DELETE A PROVISION REGARDING THE SHARING OF REVENUES UNDER THE RURAL DEVELOPMENT ACT.
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Read the first time and referred to the Committee on Finance.

S. 538 (Word version) -- Senator Short: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOB TAX CREDIT, SO AS TO


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REDESIGNATE COUNTIES AS LEAST DEVELOPED, MODERATELY DEVELOPED, AND DEVELOPED BASED ON THE PREVIOUS TWELVE MONTHS' AVERAGE UNEMPLOYMENT RATE AND TO ADJUST THE AMOUNT OF THE CREDIT FOR EACH NEW FULL-TIME JOB CREATED IN COUNTIES OF EACH DESIGNATION.
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Read the first time and referred to the Committee on Finance.

S. 539 (Word version) -- Senators Matthews, Williams and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3542 SO AS TO PROVIDE STATE INCOME, BANK, OR PREMIUM TAX CREDITS FOR DONATIONS TO HISTORICALLY BLACK FOUR-YEAR PUBLIC COLLEGES AND UNIVERSITIES MEETING THE DEFINITION OF A "PART B INSTITUTION" FOR PURPOSES OF FEDERAL AID TO HIGHER EDUCATION.
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Read the first time and referred to the Committee on Finance.

S. 540 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-490 SO AS TO CREATE THE CRIME OF ENGAGING IN THE BUSINESS OF SHORT-TERM VEHICLE SECURED LOANS IN THIS STATE, TO PROVIDE THAT A VIOLATION IS A FELONY, AND TO PROVIDE FOR A MANDATORY MINIMUM PENALTY; AND TO REPEAL SECTION 37-3-413 RELATING TO SHORT-TERM VEHICLE SECURED LOANS.
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Objection

Senator FORD asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator HAWKINS objected.

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

S. 541 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "HATLEY'S LAW" BY AMENDING SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE UPON THE


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CONVICTION OF ITS OWNER FOR CERTAIN ALCOHOL RELATED MOTOR VEHICLE OFFENSES, SO AS TO PROVIDE ADDITIONAL OFFENSES THAT CAUSE A MOTOR VEHICLE TO BE IMMOBILIZED, TO PROVIDE THAT A PERSON WHOSE VEHICLE IS IMMOBILIZED MAY NOT REGISTER A MOTOR VEHICLE IN HIS NAME SOLELY OR JOINTLY, TO REVISE THE PROCEDURE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST FOLLOW WHEN IT IMMOBILIZES A VEHICLE, TO REVISE THE PERIOD OF TIME IN WHICH A VEHICLE MAY BE IMMOBILIZED, TO DELETE THE PROVISION THAT MAKES FALSIFYING A REPORT CONCERNING VEHICLES OWNED OR REGISTERED TO A PERSON A MISDEMEANOR, AND TO PROVIDE THAT THE FEE THAT THE COURT MUST ASSESS EACH VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES MUST NOW BE PAID TO THE DEPARTMENT OF MOTOR VEHICLES TO DEFRAY ITS EXPENSES; AND BY ADDING SECTION 50-21-118, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES MAY NOT REGISTER A WATER DEVICE IN HIS NAME AND MUST HAVE ALL WATER DEVICES OWNED OR REGISTERED TO HIM IMMOBILIZED, TO PROVIDE A DEFINITION FOR THE TERMS "IMMOBILIZED" AND "IMMOBILIZATION", TO PROVIDE THE PERIOD OF TIME A WATER DEVICE MUST BE IMMOBILIZED, TO PROVIDE FOR THE RELEASE OF AN IMMOBILIZED WATER DEVICE TO A LIENHOLDER, AND TO PROVIDE THAT A FEE MUST BE ASSESSED AGAINST A WATER DEVICE BEFORE ITS REGISTRATION OR CERTIFICATE OF NUMBER MAY BE REINSTATED.
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Read the first time and referred to the Committee on Judiciary.

S. 542 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF A MAGISTRATE TO SUSPEND IMPOSITION OR EXECUTION OF A SENTENCE, SO AS TO INCREASE THE AMOUNT OF COMMUNITY SERVICE A


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MAGISTRATE MAY IMPOSE OR SUSPEND FROM ONE HUNDRED HOURS TO TWO HUNDRED FIFTY HOURS.
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Read the first time and referred to the Committee on Judiciary.

S. 543 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-35 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO IS OPERATING A LAW ENFORCEMENT VEHICLE OUTSIDE HIS JURISDICTION MAY STOP AND DETAIN CERTAIN VEHICLES AND THEIR OPERATORS UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 544 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION CONGRATULATING THE PEE DEE INDIAN NATION OF BEAVER CREEK ON THE DISTINGUISHED HONOR OF ITS RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS ON FEBRUARY 2, 2007.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 545 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-75 SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM CAMPAIGNING FOR JUDICIAL CANDIDATES WITHIN TWO YEARS OF THE ELECTION, TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL INVESTIGATE COMPLAINTS, TO PROVIDE A PENALTY, AND TO PROVIDE AN EXCEPTION UNDER CERTAIN CIRCUMSTANCES FOR LEGISLATIVE MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION.
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Read the first time and referred to the Committee on Judiciary.

S. 546 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-1-304 SO AS TO DEFINE AN "EMPIRICALLY DERIVED, DEMONSTRABLY AND STATISTICALLY SOUND CREDIT-


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SCORING SYSTEM" AS EXCLUSIVE OF DATA COLLECTED AS A RESULT OF A CREDITOR REVIEWING A REPORT FOR THE PURPOSE OF MAKING A PRESCREENED CREDIT OFFER AND DATA COLLECTED AS A RESULT OF THE NUMBER OF INQUIRIES APPEARING ON A CREDIT REPORT UPON APPLICATION FOR CREDIT.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 547 (Word version) -- Senators McConnell, Ford, Rankin, Campsen, Cleary, Grooms, Elliott and Mescher: A BILL TO AMEND SECTION 38-75-730 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CANCELLATION OF POLICIES AND RENEWALS, SO AS TO PROVIDE THAT AN INSURANCE COMPANY MUST NOT CANCEL AN INSURANCE POLICY, FAIL TO RENEW AN INSURANCE POLICY, OR INCREASE AN INSURANCE POLICY DEDUCTIBLE FOR AN INSURANCE POLICY THAT HAS BEEN IN EFFECT AND RENEWED FOR AT LEAST THREE YEARS EXCEPT UNDER CERTAIN CONDITIONS, THAT AN INSURER MUST NOT CANCEL OR FAIL TO RENEW A HOMEOWNER'S POLICY OF INSURANCE SOLELY BECAUSE THE HOMEOWNER DOES NOT MAINTAIN ADDITIONAL INSURANCE POLICIES WITH THE INSURER, AND THAT IF AN INSURANCE COMPANY CANCELS OR FAILS TO RENEW A POLICY DUE TO A SUBSTANTIAL CHANGE IN THE RISK ASSUMED BASED UPON CHANGES IN CLIMACTIC CONDITIONS, THOSE CHANGES MUST BE BASED ON STATISTICAL DATA APPROVED BY THE SOUTH CAROLINA COMMISSION ON HURRICANE LOSS PROJECTION METHODOLOGY AS BEING SPECIFICALLY APPLICABLE TO SOUTH CAROLINA; TO AMEND SECTION 38-75-740, RELATING TO RESTRICTIONS ON NONRENEWAL OF POLICIES, SO AS TO PROVIDE THAT NOTICE OF NONRENEWAL MUST BE AT LEAST ONE HUNDRED DAYS PRIOR TO THE EXPIRATION OF THE POLICY OR AT LEAST ONE HUNDRED DAYS' WRITTEN NOTICE PRIOR TO THE EXPIRATION OF THE POLICY, OR WRITTEN NOTICE BY JUNE FIRST, WHICHEVER IS EARLIER, IF THE NONRENEWAL, CANCELLATION, OR TERMINATION IS EFFECTIVE BETWEEN JUNE FIRST AND NOVEMBER


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THIRTIETH AND TO CROSS REFERENCE SECTION 38-75-730; TO AMEND SECTION 38-75-760, RELATING TO UNLAWFUL PRACTICES INVOLVING CANCELLATION, NONRENEWAL, OR RENEWAL OF POLICIES, SO AS TO PROVIDE THAT THE SECTION APPLIES TO INCREASING A POLICY DEDUCTIBLE; TO AMEND SECTION 38-75-1140, RELATING TO REQUIREMENTS FOR MODELING ORGANIZATIONS, SO AS TO DELETE THE REQUIREMENT OF THE DIRECTOR'S APPROVAL FOR A MODELING ORGANIZATION THAT PREPARES CATASTROPHE MODELS; AND BY ADDING SECTION 38-75-1141, SO AS TO PROVIDE FOR THE "SOUTH CAROLINA CATASTROPHE MODELING ACT".
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Read the first time and referred to the Committee on Banking and Insurance.

S. 548 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-11-29 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2007, EMERGENCY MEDICAL SERVICES PERSONNEL EMPLOYED SHALL PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO PROVIDE DEFINITIONS APPLICABLE TO EMERGENCY MEDICAL SERVICES PERSONNEL.
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Read the first time and referred to the Committee on Finance.

S. 549 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 22-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD FOR MAKING A MOTION FOR A NEW TRIAL, SO AS TO PROVIDE THAT THE MOTION MUST BE MADE WITHIN TEN DAYS FROM THE RENDERING OF THE JUDGMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 550 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-280 SO AS TO PROVIDE THAT A PERSON APPLYING FOR A LICENSE TO SELL BEER AND WINE OR ALCOHOLIC LIQUORS MUST BE A RESIDENT OF THE STATE FOR ONE YEAR; BY


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ADDING SECTION 61-4-290 SO AS TO STATE THAT THE SHERIFF OR CHIEF OF POLICE OF THE APPROPRIATE MUNICIPALITY OR COUNTY MAY MAKE A RECOMMENDATION IN WRITING FOR DENIAL OF A BEER AND WINE OR ALCOHOLIC LIQUORS LICENSE; TO AMEND SECTIONS 61-2-135 AND 61-2-136, RELATING TO RETAINING AN ALCOHOLIC LIQUOR OR BEER AND WINE LICENSE WHEN A BUSINESS IS RELOCATED, AND TO AMEND SECTION 61-2-160, AS AMENDED, RELATING TO THE ISSUANCE, RENEWAL, OR TRANSFER OF A LICENSE WHEN DELINQUENT TAXES ARE DUE, ALL SO AS TO PROVIDE THAT THE APPROPRIATE PERSON MUST REAPPLY FOR THE LICENSE, THAT RENEWAL OR TRANSFER OF A LICENSE IS NOT AUTOMATIC, AND THE PROVISIONS OF THE APPLICATION PROCESS MUST BE COMPLIED WITH INCLUDING ALLOWING PERSONS AND MUNICIPAL AND COUNTY GOVERNING BODIES TO PROTEST THE ISSUANCE OF THE LICENSE; TO AMEND SECTION 61-4-520, AS AMENDED, RELATING TO REQUIREMENTS FOR RETAIL BEER AND WINE PERMITS, SO AS TO REQUIRE THE DEPARTMENT TO SEND AN AUTHORIZED REPRESENTATIVE TO THE PREMISES TO ASCERTAIN WHETHER THE LOCATION IS UNSUITABLE DUE TO THE PROXIMITY TO RESIDENCES, SCHOOLS, PLAYGROUNDS, OR CHURCHES BEFORE A FINAL DETERMINATION ON WHETHER TO ISSUE A LICENSE IS MADE, TO INCREASE THE SIZE REQUIREMENTS OF THE REQUIRED NOTICE WHICH MUST BE DISPLAYED AT THE SITE OF THE PROPOSED BUSINESS, AND TO PROVIDE THE REQUIRED LEGAL NOTICE MUST BE IN THE NEWSPAPER WITH THE LARGEST CIRCULATION; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS FOR THE PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "ALCOHOLIC LIQUORS" OR "ALCOHOLIC BEVERAGES" SO AS TO INCLUDE CERTAIN FLAVORED ALCOHOLIC BEVERAGES; TO AMEND SECTION 61-6-120, AS AMENDED, RELATING TO PROHIBITIONS ON ISSUING ALCOHOLIC LIQUOR LICENSES TO PLACES OF BUSINESS WITHIN A CERTAIN PROXIMITY TO A CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO AMEND THE METHOD OF COMPUTATION, REMOVE THE EXEMPTION FOR RENEWAL OF LICENSES, AND TO REQUIRE THE

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DEPARTMENT TO SEND AN AUTHORIZED REPRESENTATIVE TO THE PREMISES TO MAKE THE APPROPRIATE MEASUREMENTS BEFORE A FINAL DETERMINATION ON WHETHER TO ISSUE A LICENSE IS MADE; TO AMEND SECTION 61-6-180, AS AMENDED, RELATING TO NOTICE OF APPLICATION FOR AN ALCOHOLIC LIQUOR LICENSE, SO AS TO INCREASE THE SIZE REQUIREMENTS OF THE REQUIRED NOTICE WHICH MUST BE DISPLAYED AT THE SITE OF THE PROPOSED BUSINESS, TO APPLY THE NOTICE REQUIREMENTS TO RENEWALS OF LICENSES, AND TO PROVIDE THE REQUIRED LEGAL NOTICE MUST BE IN THE NEWSPAPER WITH THE LARGEST CIRCULATION; TO AMEND SECTION 61-6-1820, AS AMENDED, RELATING TO NOTICE FOR A LICENSE TO SELL MINIBOTTLES, SO AS TO INCREASE THE SIZE REQUIREMENTS OF THE REQUIRED NOTICE WHICH MUST BE DISPLAYED AT THE SITE OF THE PROPOSED BUSINESS AND TO PROVIDE THE REQUIRED LEGAL NOTICE MUST BE IN THE NEWSPAPER WITH THE LARGEST CIRCULATION; TO AMEND SECTIONS 61-4-525, 61-6-185, AND 61-6-1825, ALL AS AMENDED, ALL RELATING TO PROTESTS OF CERTAIN BEER AND WINE, ALCOHOLIC LIQUORS, AND MINIBOTTLE LICENSES, ALL SO AS TO AUTHORIZE MUNICIPAL AND COUNTY GOVERNING BODIES TO PROTEST THE ISSUANCE OF THE LICENSES UNDER SIMILAR CIRCUMSTANCES AS PERSONS ALREADY AUTHORIZED TO FILE A PROTEST AND TO ALLOW PERSONS TO COME BEFORE THE APPROPRIATE GOVERNING BODY TO ASK THE BODY TO FILE A WRITTEN PROTEST.
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Read the first time and referred to the Committee on Judiciary.

H. 3025 (Word version) -- Reps. Viers and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 91 TO TITLE 40 SO AS TO PROVIDE FOR REGISTRATION AND OTHER REQUIREMENTS FOR PERSONS ENGAGED IN THE PROFESSION OF PROVIDING IMMIGRATION ASSISTANCE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.


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H. 3034 (Word version) -- Reps. Brady, Haskins, Cobb-Hunter, Cotty, Funderburk, Hagood, Stavrinakis, Gullick, Bowers, Whipper, Bales and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION TO BUILDINGS CONSTRUCTED ON STATE PROPERTY WITH CONSTRUCTION BUDGETS OF MORE THAN FIFTEEN MILLION DOLLARS AND TO PROVIDE EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.

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

H. 3157 (Word version) -- Reps. Huggins, Kirsh, Sandifer, Herbkersman, Cotty, Viers, Clemmons, Weeks and Bedingfield: A BILL TO AMEND SECTION 27-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR SERVICE OF RULE ON A TENANT AGAINST WHOM EJECTMENT PROCEEDINGS ARE BROUGHT, SO AS TO PROVIDE A METHOD OF SERVICE BY POSTING IF GROUNDS OF EJECTMENT ARE CIRCUMSTANCES THAT THREATEN LIFE OR SIGNIFICANT PROPERTY DAMAGE; TO AMEND SECTION 27-37-40, RELATING TO TENANT EJECTMENT ON FAILURE TO SHOW CAUSE, SO AS TO REQUIRE MAGISTRATES TO IMMEDIATELY ISSUE A WARRANT FOR EJECTMENT IF GROUNDS FOR EJECTMENT ARE CIRCUMSTANCES THAT THREATEN LIVES OR SIGNIFICANT PROPERTY DAMAGE AND THE TENANT FAILS TO APPEAR AND SHOW CAUSE WITHIN FIVE DAYS OF SERVICE; TO AMEND SECTION 27-40-720, AS AMENDED, RELATING TO TENANT NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO DEFINE FOR THE PURPOSES OF THIS SECTION THE TERM "EMERGENCY" TO INCLUDE CIRCUMSTANCES CONSIDERED TO THREATEN THE LIVES OF RESIDENTS OR EMPLOYEES, OR SIGNIFICANT PROPERTY DAMAGE.

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


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H. 3278 (Word version) -- Reps. G. R. Smith, Haskins, Bedingfield, Cato, Hamilton, Harrell, Leach, E. H. Pitts, Shoopman, F. N. Smith and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.

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

H. 3291 (Word version) -- Reps. Knight, Alexander, Branham, Brantley, G. Brown, Cobb-Hunter, Dantzler, Harrell, Hart, Harvin, Howard, McLeod, Miller, Moss, Ott, Rice, Sellers, Stavrinakis, Witherspoon, Young and Chellis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT MILE MARKER 77 ALONG INTERSTATE HIGHWAY 95 IN DORCHESTER COUNTY THE "JOHN TYE HEATH HILL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN TYE HEATH HILL INTERCHANGE".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3613 (Word version) -- Rep. Taylor: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THE BOARDS SHALL FILE A STATEMENT OF CANDIDACY RATHER THAN A PETITION, TO REVISE THE DATE BY WHICH THE STATEMENTS OF CANDIDACY MUST BE FILED, AND TO PROVIDE THAT IF A CANDIDATE IS UNOPPOSED, HE IS DEEMED ELECTED UNDER SPECIFIED CONDITIONS AND PROCEDURES.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3646 (Word version) -- Reps. Funderburk, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn,


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Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEMORATE THE SEVENTY-FIFTH ANNIVERSARY OF THE CAROLINA CUP RACES IN CAMDEN AND TO WISH ITS PARTICIPANTS ALL THE BEST IN THE 2007 COMPETITION.

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

H. 3647 (Word version) -- Reps. Hart, Scott, Sellers, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE ALONZO SPRY, OF RICHLAND COUNTY, DRIVER OF THE UNIVERSITY OF SOUTH CAROLINA GOLF TEAM, FOR HIS QUICK THINKING


Printed Page 1125 . . . . . Wednesday, March 7, 2007

AND CALM DEMEANOR DURING A POTENTIALLY DANGEROUS TIRE BLOWOUT, AND TO WISH HIM ALL THE BEST IN HIS FUTURE ENDEAVORS.

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

H. 3656 (Word version) -- Reps. Govan, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE SOUTH CAROLINA STATE UNIVERSITY ON RECEIVING THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS' ASSOCIATION OF THE UNITED STATES AND CANADA.

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

REPORTS OF STANDING COMMITTEES

Senator LOURIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 213 (Word version) -- Senators Lourie, Hayes, Fair, Setzler, Courson, Vaughn, Cromer, Leatherman, McGill, Knotts, Alexander and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" TO REQUIRE THE REGISTRATION OF KEGS, TO DEFINE TERMS,


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AND TO PROVIDE PENALTIES; TO AMEND THE ALCOHOLIC BEVERAGE CONTROL ACT, TO CREATE THE OFFENSE OF ILLEGAL PURCHASE OF ALCOHOLIC LIQUORS FOR ANOTHER'S CONSUMPTION ON THE PREMISES AND TO REQUIRE CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER; TO EQUALIZE THE PENALTIES FOR THE PURCHASE OR POSSESSION OF BEER, WINE, AND ALCOHOLIC LIQUORS; AND TO REVISE THE PENALTIES FOR OFFENSES RELATING TO BEER OR WINE OR ALCOHOLIC LIQUORS AND MINORS. (ABBREVIATED TITLE.)

S. 213--Co-Sponsor Added

On motion of Senator WILLIAMS, with unanimous consent, the name of Senator WILLIAMS was added as a co-sponsor of S. 213.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 291 (Word version) -- Senators Ritchie, McConnell, Malloy, Sheheen, Peeler, Courson, Setzler, Mescher, Gregory, Anderson and Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO HAS COMPLETED AT LEAST THIRTY CREDIT HOURS AND IS ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A PALMETTO FELLOWS SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL PALMETTO FELLOWS LOAN FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS, INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR, AND TO PROVIDE THAT THE RECIPIENT OF THE LOAN MAY HAVE THE LOAN CANCELED PURSUANT TO CERTAIN CONDITIONS; AND BY ADDING SECTION 59-149-15 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO HAS COMPLETED AT LEAST THIRTY CREDIT HOURS AND IS ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A LIFE SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL LIFE LOAN


Printed Page 1127 . . . . . Wednesday, March 7, 2007

FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS, INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR, AND TO PROVIDE THAT THE RECIPIENT OF THE LOAN MAY HAVE THE LOAN CANCELED PURSUANT TO CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

S. 358 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 11, 2007, AS "SUNSHINE SUNDAY" AND MARCH 11-17, 2007, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES COMMEMORATING OUR OPEN, DEMOCRATIC GOVERNMENT.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 448 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-360 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR ATTEMPT TO TAKE ELK EXCEPT AS PERMITTED BY REGULATION OF THE DEPARTMENT AND TO PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable report on:


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H. 3396 (Word version) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins, Dantzler and Viers: A BILL TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES, SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR THE PROVISION OF CABLE SERVICES, SO AS TO ALSO MAKE THE PROVISIONS OF THIS ARTICLE APPLICABLE TO VIDEO SERVICES PROVIDED THROUGH WIRELINE FACILITIES; AND TO AMEND SECTION 58-9-2200, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO TELECOMMUNICATIONS SERVICES, SO AS TO REVISE THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICES".

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3408 (Word version) -- Reps. Witherspoon, Barfield, Merrill, Ceips, Brantley, Chellis, Coleman, Crawford, Davenport, Duncan, Edge, Hardwick, Harrison, Hinson, Kelly, Loftis, Lowe, Mahaffey, Moss, M.A. Pitts, Sandifer, W.D. Smith, Thompson and Walker: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA MARINAS FOR THEIR VITAL ROLE IN PROVIDING A GATEWAY TO BOATING FOR THE CITIZENS AND VISITORS OF SOUTH CAROLINA AND TO RECOGNIZE AUGUST 11, 2007 AS NATIONAL MARINA DAY TO HONOR MARINAS FOR THEIR MANY CONTRIBUTIONS.

Ordered for consideration tomorrow.

HOUSE CONCURRENCES

S. 507 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A CONCURRENT RESOLUTION MEMORIALIZING


Printed Page 1129 . . . . . Wednesday, March 7, 2007

THE CONGRESS OF THE UNITED STATES AND THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO FACILITATE THE CHANGE IN THE DEPARTMENT OF DEFENSE RULE OR POLICY NECESSARY TO PROVIDE FOR PAID TRANSPORTATION FOR THE 218TH BRIGADE COMBAT TEAM AND FOR OTHER SOUTH CAROLINA NATIONAL GUARDSMEN HOME TO SOUTH CAROLINA AND BACK TO THEIR TRAINING SITES BEFORE THEIR DEPARTURES TO A COMBAT ZONE.

Returned with concurrence.

Received as information.

S. 522 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MAJOR GENERAL CHARLES EDWARD MCCARTNEY, JR., COMMANDING GENERAL, 108TH DIVISION (INSTITUTIONAL TRAINING), ON THE OCCASION OF HIS RETIREMENT FROM MILITARY SERVICE ON MARCH 23, 2007.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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. 3209 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND ACT 456 OF 2006, RELATING TO THE CREATION, MEMBERS, AND DUTIES OF THE CHRONIC KIDNEY DISEASE TASK FORCE, SO AS TO PROVIDE THAT THE TASK FORCE SHALL SUBMIT ITS REPORT BEFORE APRIL 1, 2007.

THIRD READING BILLS

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


Printed Page 1130 . . . . . Wednesday, March 7, 2007

S. 71 (Word version) -- Senators Ryberg, Bryant, Cromer, Richardson, Fair and Ford: A BILL TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING, ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), TO PROVIDE SUCH IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED.

S. 95 (Word version) -- Senators Cleary and Ford: A BILL TO AMEND SECTION 40-15-172 OF THE 1976 CODE, RELATING TO MOBILE DENTAL FACILITIES, TO PROVIDE THAT A REGISTRANT MUST KEEP RECORDS AT A CENTRAL OFFICE LOCATION OR AT THE PORTABLE DENTAL OPERATION, AND TO PROVIDE THAT IN THE INSTANCE OF A FEE FOR SERVICE PATIENT, THE REGISTRANT MUST PROVIDE THE PATIENT WITH A DESCRIPTION OF THE FEES ASSOCIATED WITH THE TREATMENT.

S. 121 (Word version) -- Senators Malloy, McConnell, Richardson, Mescher and Knotts: A BILL TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION LOTTERY ACT, TO PERMIT THE SALE OF LOTTERY TICKETS ON GENERAL OR PRIMARY ELECTION DAYS.

S. 517 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PUBLIC SWIMMING POOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3055, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 519 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, AND THE SOUTH CAROLINA AIR QUALITY IMPLEMENTATION PLAN (SIP), DESIGNATED AS REGULATION DOCUMENT NUMBER 3083, PURSUANT TO THE


Printed Page 1131 . . . . . Wednesday, March 7, 2007

PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 520 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEPTIC TANK SITE EVALUATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3084, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Recorded Vote

Senator BRYANT desired to be recorded as voting against the third reading of the Bill.

SECOND READING BILLS

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

H. 3446 (Word version) -- Rep. Jennings: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO PROVIDE THAT THE MEMBERS ARE ELECTED FROM ELECTION DISTRICTS CORRESPONDING TO THE EIGHT SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF MARLBORO COUNTY ARE ELECTED.

H. 3357 (Word version) -- Rep. Jennings: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.

S. 321 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST SECONDARY INSTITUTION LICENSE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF A "NONPUBLIC EDUCATIONAL INSTITUTION" FOR PURPOSES OF THE ACT, SO AS TO PROVIDE FOR FURTHER EXCLUSIONS; AND TO AMEND SECTION 59-58-80, RELATING TO BONDS OR COLLATERAL FOR THE PROTECTION OF STUDENT TUITION AND FEES, SO


Printed Page 1132 . . . . . Wednesday, March 7, 2007

AS TO FURTHER PROVIDE FOR THE PURPOSE FOR WHICH THE PROCEEDS OF A SURETY BOND AND MONIES IN THE TUITION GUARANTY FUND, RENAMED THE STUDENT RECOVERY FUND, MAY BE USED.

S. 516 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3069, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

S. 529 (Word version) -- Senators Gregory, Ford and Campsen: A JOINT RESOLUTION TO EXTEND UNTIL MARCH 30, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.

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

Senators GREGORY, FORD, and CAMPSEN proposed the following amendment (JUD0529.001), which was adopted:

Amend the joint resolution, as and if amended, page 2, line 8, in SECTION 1, by striking /March 30/ and inserting /   April 17   / .

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.


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The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

AMENDED, READ THE SECOND TIME

H. 3226 (Word version) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: A BILL TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, AND TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR LEGAL OCCUPATION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed on February 15, 2007.

Senators MOORE and RANKIN proposed the following amendment (JUD3226.001), which was adopted:

Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   Section 8-13-740(A) of the 1976 Code is amended by adding the following numbered subsections to read:

"(8)   A state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity shall not be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict of interest is given and he complies with the recusal requirements of Section 8-13-700(B). A governmental entity includes, but is not limited to, a planning board or zoning commission.

(9)   Notwithstanding another provision of law, a governmental entity shall not prohibit a state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity from service in office


Printed Page 1134 . . . . . Wednesday, March 7, 2007

or employment based solely on race, color, national origin, religion, sex, disability, or occupation."   /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3226--Ordered to a Third Reading

On motion of Senator RANKIN, with unanimous consent, H. 3226 was ordered to receive a third reading on Thursday, March 8, 2007.

ADOPTED

S. 476 (Word version) -- Senators Cleary, Verdin, Ryberg, Fair, Mescher, Bryant, Ritchie, Scott and Martin: A SENATE RESOLUTION TO COMMEND TAIWAN ON ITS CONTRIBUTIONS TO THE GLOBAL ECONOMY, SUCH AS THE PROMOTION OF WORLD PEACE, LIBERTY, AND HUMAN RIGHTS, AND TO SUPPORT TAIWAN'S EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.

The Senate Resolution was adopted.

S. 494 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 64 FROM THE INTERSECTION OF HIGHWAYS 64 AND 17 TO THE INTERSECTION OF HIGHWAYS 64 AND 17A, FROM JACKSONBORO TO WALTERBORO, IN HONOR OF ANNIE MAE KINSEY AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION CONTAINING THE WORDS "ANNIE MAE KINSEY HIGHWAY".

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

S. 506 (Word version) -- Senators Williams and Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 76 IN


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MARION COUNTY BETWEEN MULLINS MOTORS AND THE CORNER OF MAIN STREET "SUPREME COURT JUSTICE, STATE SENATOR, JOHNNY H. WALLER HIGHWAY" AND ERECT APPROPRIATE MARKERS AND SIGNS ALONG THE PORTION OF HIGHWAY 76 THAT CONTAIN THE WORDS "SUPREME COURT JUSTICE, STATE SENATOR, JOHNNY H. WALLER HIGHWAY".

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

CARRIED OVER

S. 103 (Word version) -- Senators Jackson, Lourie, Gregory, Fair and Ford: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLEAN INDOOR AIR ACT, INCLUDING EXCEPTIONS TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO DELETE PROVISIONS ALLOWING SMOKING IN CERTAIN PRIVATE OFFICES AND TEACHER LOUNGES AT SCHOOLS; AND BY ADDING SECTION 59-1-485 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO SMOKE OR POSSESS LIGHTED SMOKING MATERIAL IN OUTDOOR AREAS OF PUBLIC SCHOOLS AND PRESCHOOLS AND TO PROVIDE A PENALTY.

On motion of Senator HAYES, with unanimous consent, the Bill was carried over.

S. 283 (Word version) -- Senators Grooms and Campsen: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

On motion of Senator GROOMS, with unanimous consent, the Bill was carried over.


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

MADE SPECIAL ORDER

H. 3097 (Word version) -- Reps. Rice, Walker, G.R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D.C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.

Senator MARTIN made a motion to set the Bill as a Special Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 40; Nays 0

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Gregory                   Grooms                    Hawkins
Hayes                     Hutto                     Jackson

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Knotts                    Land                      Leatherman
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   O'Dell                    Patterson
Peeler                    Rankin                    Reese
Ritchie                   Ryberg *                  Scott
Setzler                   Sheheen                   Short
Thomas                    Vaughn                    Verdin
Williams

Total--40

NAYS

Total--0

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Bill was made a Special Order.

SENSE OF THE SENATE MOTION ADOPTED

Senator MARTIN moved in conjunction with adding and removing co-sponsors to Bills and Resolutions that it be a Sense of the Senate to establish a procedure whereby Senators may notify the Clerk, either in writing or by email, of their desire to co-sponsor a particular Bill and that this procedure only apply to Bills that are in possession of the Senate.

MOTION ADOPTED

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

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


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HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 408 (Word version) -- Senators Short and Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT DROP MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator LEATHERMAN proposed the following amendment (408R002.HKL), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION   ___.   Section 12-6-40(A)(1)(a) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:

"(a)   Except as otherwise provided, 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 2005 2006, and includes the effective date provisions contained in it."/

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

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

CARRIED OVER

S. 283 (Word version) -- Senators Grooms and Campsen: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO


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AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

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

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

PLACED IN THE STATUS OF INTERRUPTED DEBATE

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO PROVIDE FOR THE RESTRUCTURING OF THE DEPARTMENT OF TRANSPORTATION. (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

Senator MALLOY was recognized.

Objection

Senator MALLOY asked unanimous consent to make a motion to carry over the Bill in the status of Interrupted Debate, with Senator MALLOY retaining the floor but granting leave to the subcommittee chairman to address the body with brief remarks.

Senator MARTIN objected.

Senator MARTIN spoke on the motion.

Objection

Senator SETZLER asked unanimous consent to make a motion that the Bill be carried over in the status of Interrupted Debate, not to be taken up for consideration before Tuesday, March 13, 2007, with Senator MALLOY retaining the floor.

Senator GROOMS objected.

Senator GROOMS was recognized to give a subcommittee report.


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Made Interrupted Debate

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over in the status of Interrupted Debate, not to be taken up for consideration before Tuesday, March 13, 2007, and, that when the motion was disposed of, the Senate would stand adjourned.

There was no objection and the motion was adopted.

The Bill was placed in the status of Interrupted Debate, not to be taken up for consideration before Tuesday, March 13, 2007.

MOTION ADOPTED

On motion of Senators RITCHIE, HAWKINS and PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Deputy Kevin Carper, a 12-year veteran of the Spartanburg County Sheriff's Department who lost his life in the line of duty. Deputy Carper was a dedicated law enforcement officer, loving husband and devoted father to three daughters.

ADJOURNMENT

At 3:41 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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