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

Wednesday, January 24, 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.

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

The Psalmist declares:

" 'How precious to me are your thoughts, O God! How vast is the sum of them! Were I to collect them, they would outnumber the grains of sand. When I awake, I am still with you'."   (Psalm 139:17-18)

Let us pray, brothers and sisters:

Gracious Lord, how fervently today do we hold our troops and support personnel and the general citizenry of Iraq and Afghanistan in our prayers as the very fabric of society as that part of the world continues to strain and unravel. Reassure all our men and women in uniform, dear Lord, that you indeed are ever with them, no matter what they must face. Our hearts reach out to all who have lost loved ones there. Allow the calm voices of wise and caring leaders to call for honest dialogue and for peace-not only in those lands but also in Sudan, in Israel, in so many other places-even here in our own country and State. And through it all, dear God, let us each gain understanding and possess caring hearts for the good of all who dwell together on this increasingly small planet called "Earth."
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2005, and to expire April 24, 2009

Berkeley:

Ronald H. Anderson, 100 Speightstown Ct., Goose Creek, S.C. 29445 VICE Paul Welborn

Initial Appointment, Cherokee County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

Jack E. McAbee, 369 Gowdesyville Road, Gaffney, S.C. 29340 VICE Lynda Little

Initial Appointment, Richland County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Nikiya M. Hall, 5003 Holmes Ave., Columbia, S.C. 29203 VICE Golie S. Augustus

REGULATIONS WITHDRAWN

Document No. 3021
Agency: Department of Social Services
SUBJECT: Penalties for Noncompliance in Regulated Child Care Settings
Received by Lieutenant Governor April 13, 2006
Referred to General Committee
Legislative Review Expiration Permanently Withdrawn
120 Day Period Tolled
Permanently Withdrawn January, 24, 2007

Document No. 3022
Agency: Department of Social Services
SUBJECT: Licensing of Residential Group Care Organizations for Children
Received by Lieutenant Governor April 13, 2006
Referred to General Committee
Legislative Review Expiration Permanently Withdrawn
120 Day Period Tolled
Permanently Withdrawn January, 24, 2007

Doctor of the Day

Senator FAIR introduced Dr. John P. Evans of Greenville, S.C., Doctor of the Day.

Leave of Absence

At 2:05 P.M., Senator ANDERSON requested a leave of absence from 12:00 - 2:00 P.M. on Thursday, January 25, 2007.

Leave of Absence

At 3:02 P.M., Senator MATTHEWS requested a leave of absence beginning at 4:30 P.M. today.

Leave of Absence

At 3:02 P.M., Senator MATTHEWS requested a leave of absence beginning at 3:00 P.M. on Thursday, January 25, 2007.

Leave of Absence

At 3:05 P.M., Senator FORD requested a leave of absence beginning at 1:00 P.M. on Thursday, January 25, 2007.

ACTING PRESIDENT PRESIDES

At 2:37 P.M., Senator MARTIN assumed the Chair.

Report of the South Carolina Senate Judiciary Committee Criminal Justice Task Force

Senator MALLOY, Chairman of the South Carolina Senate Judiciary Committee Criminal Justice System Task Force, and members of the committee were recognized to give a report to the Senate regarding the work of the committee.

PRESIDENT PRESIDES

At 2:39 P.M., the PRESIDENT assumed the Chair.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 318 (Word version) -- Senators Pinckney, Grooms and Matthews: A CONCURRENT RESOLUTION TO COMMEMORATE THE CONVENING OF THE FOURTH SESSION OF THE SOUTH CAROLINA GENERAL ASSEMBLY IN JACKSONBOROUGH, SOUTH CAROLINA, IN JANUARY OF 1782, AS A RESULT OF THE CONTINUED BRITISH OCCUPATION OF CHARLESTON, SUBSEQUENT TO THE DEFEAT OF THE BRITISH AT YORKTOWN IN OCTOBER OF 1781, BY CONVENING IN JACKSONBORO ON FRIDAY, FEBRUARY 16th, TO HONOR AND CELEBRATE THE JACKSONBOROUGH ASSEMBLY.
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On motion of Senator MATTHEWS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 319 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE WASHINGTON LIGHT INFANTRY OF CHARLESTON ON THE CELEBRATION OF ITS BICENTENNIAL AND FOR TWO CENTURIES OF EXEMPLARY MILITARY AND CIVIC SERVICE TO SOUTH CAROLINA AND THE NATION, AND TO WISH FOR IT CONTINUED SUCCESS IN PROMOTING THE IDEALS OF PATRIOTISM, EDUCATION, AND BENEVOLENCE AMONG OUR CITIZENS THROUGH GOOD EXAMPLE AND CHARITABLE WORKS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 320 (Word version) -- Senator Land: A BILL TO AMEND SECTION 24-3-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CLERK OF COURT'S DUTY TO NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF CONVICTS SENTENCED TO IMPRISONMENT IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL REIMBURSE A COUNTY FOR ALL COSTS THE COUNTY INCURS FOR HOUSING THE CONVICT FROM THE DATE THAT HE IS CONVICTED UNTIL THE DATE THAT HE IS TRANSFERRED TO A DEPARTMENT OF CORRECTIONS FACILITY.
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Read the first time and referred to the Committee on Corrections and Penology.

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

S. 322 (Word version) -- Senators Hayes, Hawkins, Vaughn, Peeler, Leatherman, Leventis, O'Dell, McConnell, Cromer, Patterson, Knotts, Land, Mescher and Martin: A BILL TO AMEND CHAPTER 114, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT, SO AS TO ENACT THE "SOUTH CAROLINA NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE FOR COLLEGE ASSISTANCE PROGRAM GRANTS TO BE ADMINISTERED BY THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE ELIGIBILITY REQUIREMENTS TO QUALIFY FOR THE GRANTS, TO PROVIDE FOR FUNDING TO BE APPROPRIATED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL PROMULGATE REGULATIONS; TO AMEND SECTION 59-111-75, RELATING TO THE LOAN REPAYMENT PROGRAM FOR MEMBERS OF THE NATIONAL GUARD SERVING IN AREAS OF CRITICAL NEED, SO AS TO PROVIDE THAT THE LOAN REPAYMENT PROGRAM MAY NOT ACCEPT NEW PARTICIPANTS AND PROVIDE THAT MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHO HAVE RECEIVED LOANS BEFORE THE 2007-08 ACADEMIC YEAR MAY CONTINUE TO RECEIVE THEIR LOANS AND HAVE THEIR LOANS FORGIVEN PURSUANT TO THE PROVISIONS UNDER WHICH THE LOAN PROGRAM BEGAN; AND TO REPEAL ARTICLE 6, CHAPTER 111, TITLE 59, RELATING TO ONE-HALF TUITION FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD.
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Read the first time and referred to the Committee on Education.

S. 323 (Word version) -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT CERTAIN SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION AND WHO ARE EMPLOYED IN A SOUTH CAROLINA PUBLIC SCHOOL DISTRICT SHALL RECEIVE A YEARLY INCENTIVE FOR THE LIFE OF THE CERTIFICATION, AND TO PROVIDE THAT THESE INCENTIVES MUST BE PAID FROM FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR THIS PURPOSE.
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Read the first time and referred to the Committee on Education.

S. 324 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION, SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS), BUT NOT YET CERTIFIED BY THE STATE, SHALL RECEIVE AN INCREASE IN PAY EQUAL TO TWO-THIRDS OF THE AMOUNT PROVIDED FOR STATE-CERTIFIED TEACHERS WHO ALSO ARE NBPTS CERTIFIED.
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Read the first time and referred to the Committee on Education.

S. 325 (Word version) -- Senator Vaughn: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY THOUSAND DOLLAR HOMESTEAD EXEMPTION FOR PERSONS OVER SIXTY-FIVE YEARS OF AGE AND DISABLED PERSONS, SO AS TO INDEX THE EXEMPTION AMOUNT TO INFLATION IN THE SAME MANNER AND BY THE SAME PERCENTAGE THAT FEDERAL INCOME TAX BRACKETS ARE ADJUSTED TO REFLECT INCREASES IN THE CONSUMER PRICE INDEX.
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Read the first time and referred to the Committee on Finance.

S. 326 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-18 TO ENACT THE "CIVIL UNION EQUALITY ACT" SO AS TO PROVIDE THAT TWO PERSONS MAY FORM A CIVIL UNION IF THEY ARE OF THE SAME SEX; TO PROVIDE THAT ALL LAWS APPLICABLE TO MARRIAGE APPLY TO CIVIL UNIONS AND THAT THE SAME BENEFITS, PROTECTIONS, RIGHTS, AND RESPONSIBILITIES UNDER THE LAW GRANTED TO SPOUSES IN A MARRIAGE ARE ALSO GRANTED TO THOSE JOINED IN A CIVIL UNION; TO DIRECT THE OFFICE OF VITAL STATISTICS TO KEEP A RECORD OF ALL CIVIL UNIONS FORMED AND THE DISSOLUTION OF SUCH UNIONS; TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION OVER ALL PROCEEDINGS RELATING TO THE DISSOLUTION OF A CIVIL UNION AND THE SAME RULES AND PROCEDURES THAT APPLY TO THE DISSOLUTION OF A MARRIAGE APPLY TO THE DISSOLUTION OF A CIVIL UNION; AND TO PROVIDE THAT THIS ACT MUST BE CONSTRUED LIBERALLY TO SECURE TO CIVIL UNIONS THE ATTRIBUTES, EFFECTS, BENEFITS, AND PROTECTIONS EQUAL TO THOSE AFFORDED MARRIAGE.
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Read the first time and referred to the Committee on Judiciary.

S. 327 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-5-10, 7-5-35, AND 7-13-70, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF THE COUNTY BOARD OF REGISTRATION AND COUNTY COMMISSIONERS OF ELECTION AND THE COMPOSITIONS OF THESE BOARDS AND COMMISSIONS, SO AS TO REQUIRE THE GOVERNOR TO REMOVE A MEMBER OF THESE BOARDS OR COMMISSIONS WHO HAS NOT FULFILLED THE TRAINING REQUIREMENT.
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Senator SHEHEEN spoke on the Bill.

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

S. 328 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 16-13-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING A TRANSCRIPT OR DIPLOMA AND FRAUDULENT USE OF FALSIFIED OR ALTERED TRANSCRIPT OR DIPLOMA, SO AS TO INCLUDE FALSIFYING OR ALTERING A DEGREE AND FRAUDULENT USE OF A FALSIFIED OR ALTERED DEGREE, AND TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY ISSUE, MANUFACTURE, OR USE A FALSE POST SECONDARY DEGREE, CERTIFICATE, DIPLOMA, TRANSCRIPT, OR OTHER ACADEMIC CREDENTIAL FOR GENERAL ACADEMIC OR PROFESSIONAL PURPOSES FOR CERTAIN PURPOSES INCLUDING TO OBTAIN EMPLOYMENT.
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Read the first time and referred to the Committee on Judiciary.

S. 329 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 3, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-165, RELATING TO CONTACT BETWEEN A CHILD AND EACH PARENT, SO AS TO REQUIRE PARENTS TO PROVIDE EACH OTHER WITH ADDRESS, TELEPHONE NUMBER, ELECTRONIC MAIL ADDRESS, AND OTHER ELECTRONIC COMMUNICATION INFORMATION WITHIN TWENTY-FOUR HOURS, TO DEFINE ELECTRONIC COMMUNICATION, AND TO ENCOURAGE REASONABLE COMMUNICATIONS BETWEEN A CHILD AND HIS OR HER PARENTS IN THE FORM OF TELEPHONE, ELECTRONIC MAIL, AND OTHER ELECTRONIC COMMUNICATION IF REASONABLY AVAILABLE, AND TO PROVIDE THAT THE COURT SHALL DECIDE WHETHER EQUIPMENT FOR ELECTRONIC COMMUNICATION IS REASONABLY AVAILABLE IF THE PARTIES CANNOT AGREE; TO AMEND SECTION 20-7-30 SO AS TO DEFINE VISITATION AND ELECTRONIC COMMUNICATION; TO AMEND SUBARTICLE 1, ARTICLE 3, CHAPTER 7, TITLE 20, BY ADDING SECTION 20-7-108, RELATING TO PARENT/CHILD VISITATION, SO AS TO PERMIT A COURT TO GRANT REASONABLE TIME FOR ELECTRONIC COMMUNICATION AS DETERMINED BY THE COURT AT REASONABLE HOURS BETWEEN A PARENT AND A CHILD WHEN THE CHILD IS NOT IN THE PARENT'S PHYSICAL CUSTODY, TO PROVIDE THAT ELECTRONIC COMMUNICATION SUPPLEMENTS AND DOES NOT REPLACE ACTUAL CUSTODY OR VISITATION WITH A CHILD, TO PROVIDE THAT THE AMOUNT OF ELECTRONIC COMMUNICATION SHALL NOT BE A FACTOR IN THE CALCULATION OF CHILD SUPPORT, AND MAY NOT BE USED AS A FACTOR TO JUSTIFY A RELOCATION BY THE CUSTODIAL PARENT OUT OF THE IMMEDIATE AREA, AND TO PROVIDE THAT SUPERVISED VISITATION SHALL INCLUDE ELECTRONIC COMMUNICATIONS BETWEEN A PARENT AND CHILD; TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE REASONABLE ELECTRONIC COMMUNICATIONS IN VISITATION WITH GRANDPARENTS OF A MINOR CHILD AND SIBLING VISITATION; AND TO AMEND SECTION 20-7-786, RELATING TO DEFINITIONS, SO AS TO INCLUDE REASONABLE ELECTRONIC COMMUNICATION IN THE DEFINITION OF CUSTODIAL DETERMINATION.
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Read the first time and referred to the Committee on Judiciary.

S. 330 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED 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 referred to the Committee on Judiciary.

S. 331 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-745 SO AS TO DEFINE "COMMUNICATION DEVICE" AND "COMMUNICATION SYSTEM", TO PROVIDE THAT IT IS UNLAWFUL TO DISABLE, DESTROY, OR INJURE A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, TO PROVIDE THAT IT IS UNLAWFUL TO OBSTRUCT, IMPEDE, OR IMPAIR THE SERVICE OR TRANSMISSION OF A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 332 (Word version) -- Senators Martin and Ritchie: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CLARIFY THAT "FALSE STATEMENT AND MISREPRESENTATION" INCLUDES A FALSE BUSINESS ACTIVITY REPORT, MISCOUNT OR MISCLASSIFICATION BY AN EMPLOYER OR EMPLOYEE, OR A FALSE CLAIM MADE BY AN EMPLOYEE TO OBTAIN AN ECONOMIC BENEFIT; TO AMEND SECTION 38-55-540, RELATING TO PENALTIES FOR A FALSE STATEMENT AND MISREPRESENTATION, SO AS TO INCREASE PENALTIES AND CREATE ADDITIONAL CATEGORIES; TO AMEND SECTION 38-55-560 BY ADDING SUBPARAGRAPH (E) AUTHORIZING THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT TO BE ASSIGNED TO THE INSURANCE FRAUD DIVISION; TO AMEND SECTION 42-1-160, WHICH DEFINES "INJURY" AND "PERSONAL INJURY", SO AS TO ESTABLISH THE EMPLOYEE'S BURDEN OF PROOF AND FURTHER EXCLUDE CERTAIN CONDITIONS FROM "PERSONAL INJURY" AND EXCLUDE CERTAIN EVENTS FROM "ACCIDENT"; TO ADD SECTION 42-1-172, RELATING TO A REPETITIVE TRAUMA INJURY, SO AS TO ESTABLISH WHEN A REPETITIVE TRAUMA INJURY MAY BE COMPENSABLE; TO AMEND SECTION 42-1-375 SO AS TO EXEMPT AN OWNER-OPERATOR OF A VEHICLE LEASED TO A MOTOR CARRIER WHO HAS SIGNED AN INDEPENDENT CONTRACTOR AGREEMENT WITH A MOTOR CARRIER; TO AMEND SECTION 42-9-30 SO AS TO LIMIT THE DISABILITY AWARD TO TEN PERCENT GREATER THAN THE MEDICAL IMPAIRMENT RATING UNLESS THE COMMISSIONER FINDS EXTRAORDINARY CIRCUMSTANCES AND LISTS FACTORS TO BE CONSIDERED FOR EXTRAORDINARY CIRCUMSTANCES AND TO PRESUME FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK IS TOTAL AND PERMANENT DISABILITY; TO AMEND SECTION 42-11-10, RELATING TO OCCUPATIONAL DISEASE, SO AS TO ESTABLISH EMPLOYEE'S BURDEN OF PROOF, EXCLUDE CERTAIN TYPES OF CONDITIONS, AND PROVIDE THAT COMPENSATION IS NOT PAYABLE UNLESS CLAIMANT SUFFERS PERMANENT OR PARTIAL DISABILITY; TO AMEND SECTION 42-15-20, RELATING TO NOTICE FOR A REPETITIVE TRAUMA INJURY, SO AS TO REQUIRE NOTICE BE GIVEN NO LATER THAN NINETY DAYS AFTER EMPLOYEE COULD HAVE DISCOVERED THAT THE CONDITION IS COMPENSABLE; TO AMEND SECTION 42-15-40 SO AS TO BAR THE RIGHT TO COMPENSATION FOR A REPETITIVE TRAUMA INJURY UNLESS THE CLAIM IS FILED WITHIN TWO YEARS AFTER THE DEATH, DISABILITY, OR LAST DATE OF EMPLOYMENT; TO AMEND SECTION 42-15-60, RELATING TO EMPLOYER RESPONSIBILITY, SO AS TO ESTABLISH THAT AFTER TEN WEEKS AFTER DATE OF EMPLOYEE'S INJURY, EMPLOYEE MUST ESTABLISH BY MEDICAL RECORDS OR EXPERT MEDICAL TESTIMONY THAT ADDITIONAL TIME IS NEEDED TO LESSEN THE EMPLOYEE'S DEGREE OF IMPAIRMENT AND TO CLARIFY THAT AN EMPLOYER'S DUTY TO EMPLOYEE TERMINATES WHEN THERE IS NO FURTHER MEDICAL CARE THAT WOULD LESSEN THE DEGREE OF MEDICAL IMPAIRMENT AND IN NO CASE WOULD MEDICAL BENEFITS EXTEND FOR MORE THAN FIVE HUNDRED WEEKS AFTER THE DATE OF INJURY, EXCEPT IN CASES INVOLVING PARAPLEGIA, QUADRIPLEGIA, AND PHYSICAL BRAIN DAMAGE; TO AMEND SECTION 42-15-95, RELATING TO THE RELEASE OF MEDICAL INFORMATION IN WORKERS' COMPENSATION CLAIMS, SO AS TO PROVIDE THAT AN EMPLOYEE SEEKING TREATMENT IS CONSIDERED TO HAVE GIVEN CONSENT FOR RELEASE OF MEDICAL RECORDS AND TO PROVIDE COMMUNICATION OPTIONS AMONG INTERESTED PARTIES; TO AMEND SECTION 42-17-90 SO AS TO ESTABLISH A ONE-YEAR PERIOD FOR CHANGE OF CONDITION IN CASES INVOLVING REPETITIVE TRAUMA OR OCCUPATIONAL DISEASE; TO AMEND SECTION 38-73-495 SO AS TO ACCOUNT FOR THIRD-PARTY REIMBURSEMENTS IN EXPERIENCE MODIFICATION; TO AMEND SECTION 42-7-310 SO AS TO REDUCE THE SECOND INJURY FUND ASSESSMENT FORMULA TO ONE HUNDRED AND THIRTY-FIVE PERCENT AND TO REQUIRE THE SECOND INJURY FUND DIRECTOR TO ANNUALLY SUBMIT INFORMATION TO THE NATIONAL COUNCIL ON COMPENSATION INSURANCE; TO AMEND SECTION 42-9-400, RELATING TO THE SECOND INJURY FUND, SO AS TO ELIMINATE "COMBINED EFFECTS OF PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY", TO FURTHER INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR, TO INCREASE THE THRESHOLD FOR REIMBURSEMENT FOR MEDICAL PAYMENT FROM THREE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS, TO ELIMINATE "ARTHRITIS" AND "ANY OTHER PRE-EXISTING DISEASE, CONDITION, OR IMPAIRMENT" FROM THE LIST OF PRESUMPTIONS FOR PERMANENT IMPAIRMENT, AND TO PROVIDE NOTICE PROVISIONS; TO AMEND SECTION 42-9-410 SO AS TO INCREASE THE NUMBER OF WEEKS TO ONE HUNDRED AND FOUR FOR SECOND INJURY FUND REIMBURSEMENT ELIGIBILITY; AND TO AMEND CHAPTER 73, TITLE 38.
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Read the first time and referred to the Committee on Judiciary.

S. 333 (Word version) -- Senator Fair: A BILL TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO RECKLESS HOMICIDE; RECKLESS DRIVING; DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, BY ADDING SECTION 56-5-2943, TO PROVIDE THAT AS A CONDITION OF PROBATION FOR A SECOND OR SUBSEQUENT VIOLATION OF SECTIONS 56-5-2930, 56-5-2933, OR 56-5-2945, A COURT MAY REQUIRE THAT AN OFFENDER WEAR A CONTINUOUS REMOTE ALCOHOL MONITORING DEVICE, TO PROVIDE THAT A FINDING BY THE COURT THAT THE OFFENDER'S BLOOD ALCOHOL CONCENTRATION MEETS OR EXCEEDS EIGHT ONE-HUNDREDTHS OF ONE PERCENT SHALL BE A VIOLATION OF THE OFFENDER'S PROBATION, TO PROVIDE THAT IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY THE COURT BECAUSE OF THE PROBATION VIOLATION, THE COURT MAY EXTEND THE PERIOD FOR WHICH THE OFFENDER'S LICENSE HAS BEEN SUSPENDED FOR UP TO AN ADDITIONAL TWELVE MONTHS, AND TO PROVIDE THAT THE OFFENDER MUST BEAR THE COST OF WEARING AND MONITORING THE DEVICE.
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Read the first time and referred to the Committee on Judiciary.

S. 334 (Word version) -- Senators Leventis, Hayes, Knotts, Drummond and Anderson: A BILL TO AMEND SECTION 41-35-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATION FOR BENEFITS OF AN INSURED WORKER UNDER THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT LEAVING AN EMPLOYER BECAUSE OF THE TRANSFER OF A SPOUSE FROM ONE MILITARY ASSIGNMENT TO ANOTHER DOES NOT DISQUALIFY A PERSON FROM THESE BENEFITS.
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Senator LEVENTIS spoke on the Bill.

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

S. 335 (Word version) -- Senators Moore and Setzler: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. SHARON KEESLEY OF EDGEFIELD COUNTY FOR HER OUTSTANDING SERVICE AS SUPERINTENDENT OF EDGEFIELD COUNTY SCHOOL DISTRICT AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.
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S. 336 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-150 SO AS TO EXEMPT FROM ACROSS-THE-BOARD REDUCTIONS ORDERED BY THE STATE BUDGET AND CONTROL BOARD AMOUNTS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT AS SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTERS OF DEEDS, COUNTY AUDITORS, COUNTY TREASURERS, AND COUNTY CORONERS; AND TO AMEND SECTION 8-15-65, AS AMENDED, SO AS TO PROVIDE FOR THE COUNTY CORONER AS A COUNTY OFFICIAL RECEIVING A SALARY SUPPLEMENT FROM THE STATE.
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Read the first time and referred to the Committee on Finance.

S. 337 (Word version) -- Senators Lourie, Fair, Scott, Reese, Ford, Malloy, Verdin, Hutto, Elliott, Sheheen, Patterson, Moore, Short, Leventis, Anderson, Vaughn, Williams, McGill, Mescher, Peeler, Setzler, Courson, Drummond, Gregory, Jackson, Matthews, Thomas, Hayes, McConnell, Richardson, Knotts and Hawkins: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT CERTAIN MOTOR VEHICLE AND DWELLING HOME PROPERTY TAX EXEMPTIONS MUST BE EXTENDED TO THE SURVIVING SPOUSE OF CERTAIN VETERANS IF THE SURVIVING SPOUSE ESTABLISHES RESIDENCY IN THIS STATE SUBSEQUENT TO THE DEATH OF THE VETERAN AND BUT FOR RESIDENCY REQUIREMENTS, THE VETERAN COULD HAVE QUALIFIED FOR THE EXEMPTION AND TO PROVIDE THAT WHEN A PROPERTY TAX EXEMPTION IS PROVIDED TO A VETERAN WHO WAS A PRISONER OF WAR, THE COUNTY OFFICE OF VETERANS AFFAIRS SHALL CERTIFY THAT THE VETERAN WAS A PRISONER OF WAR.
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Read the first time and referred to the Committee on Finance.

S. 338 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-400 SO AS TO CREATE THE OFFENSE OF TAMPERING WITH, ALTERING, DAMAGING, OR DESTROYING A SECURITY DEVICE, TO DEFINE THE TERM "SECURITY DEVICE", AND TO PROVIDE A PENALTY FOR THE OFFENSE.
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Read the first time and referred to the Committee on Judiciary.

S. 339 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-36 SO AS TO PROVIDE THAT NO INTEREST ON FUNDS OF A CLIENT ON DEPOSIT IN A TRUST OR ESCROW ACCOUNT OF AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE MAY BE REMITTED TO THE SOUTH CAROLINA BAR PURSUANT TO THE RULE OF THE SUPREME COURT FOR USE IN PRO BONO BAR ACTIVITIES AND TO PROVIDE THAT FUNDING FOR THESE PRO BONO ACTIVITIES MUST BE PROVIDED TO THE JUDICIAL DEPARTMENT BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE.
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Read the first time and, on motion of Senator MARTIN, with unanimous consent, the Bill was referred to the Committee on Judiciary.

S. 340 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO HONOR AND COMMEND SAM WRIGHT OF LEXINGTON COUNTY FOR HIS DISTINGUISHED SERVICE AS HEAD BAILIFF FOR THE MUNICIPAL COURT OF THE TOWN OF SOUTH CONGAREE FOR TEN YEARS AND FOR HIS SERVICE AS A STATE CONSTABLE FOR TWENTY-EIGHT YEARS UPON HIS RETIREMENT.
l:\council\bills\gjk\20089sd07.doc

REPORTS OF STANDING COMMITTEES

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

S. 105 (Word version) -- Senators Ritchie, McConnell, Campsen, Courson, Elliott, Richardson, Vaughn, Knotts and Fair: A BILL TO AMEND SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLEDGING, SO AS TO PROHIBIT A PERSON OR JUDICIAL CANDIDATE FROM DIRECTLY OR INDIRECTLY SEEKING THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY REGARDING SCREENING FOR ANY JUDICIAL OFFICE UNTIL THE QUALIFICATIONS OF ALL THE CANDIDATES HAVE BEEN DETERMINED BY THE JUDICIAL MERIT SELECTION COMMISSION AND THE COMMISSION HAS FORMALLY RELEASED ITS REPORT.

Ordered for consideration tomorrow.

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

S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair and Alexander: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S JURISDICTION; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, AS ARTICLE 1, AND BY ADDING ARTICLE 3, SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM ATTENDING OR GIVING TESTIMONY AT A TRIAL THAT CONCERNS OR RELATES TO CRIMINAL ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR VALUABLES IF THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES IT IS OR WILL BE USED IN A PATTERN OF CRIMINAL GANG ACTIVITY OR FOR FURTHERANCE OF THE BENEFITS OF A CRIMINAL GANG, TO PROVIDE A PROCEDURE FOR SEIZURE OF FIREARMS, AMMUNITION, OR DANGEROUS WEAPONS, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR OTHER VALUABLES, TO PROVIDE FOR NOTIFICATION OF THE SHERIFF AND CHIEF OF POLICE WHEN A CRIMINAL GANG MEMBER IS RELEASED FROM JAIL, PRISON, OR A CORRECTIONS FACILITY, TO PROVIDE AN EXCEPTION FOR EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS, TO PROVIDE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE MAY ADOPT AND ENFORCE ORDINANCES CONSISTENT WITH THIS ARTICLE, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO INCLUDE THE VIOLENT GANG TERRORIST ORGANIZATION FILE AMONG THE NATIONAL CRIME INFORMATION CENTER DATA AVAILABLE FOR DIRECT ACCESS BY CRIMINAL JUSTICE AGENCIES, TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO MAINTAIN A RECORD OF ALL PERSONS WHO ARE FOUND TO BE CRIMINAL GANG MEMBERS IN THE VIOLENT GANG AND TERRORIST ORGANIZATION FILE, AND TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO DEVELOP AND MAINTAIN A STATEWIDE CRIMINAL GANG DATABASE.

On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 141.

S. 141--Committed to the Committee on Finance

S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair and Alexander: A BILL TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY'S INTENT TO ENHANCE THE GRAND JURY SYSTEM AND THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO ADD CRIMINAL GANG ACTIVITY OR A PATTERN OF CRIMINAL GANG ACTIVITY TO THE STATE GRAND JURY'S JURISDICTION; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, AS ARTICLE 1, AND BY ADDING ARTICLE 3, SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE CERTAIN TERMS, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM ATTENDING OR GIVING TESTIMONY AT A TRIAL THAT CONCERNS OR RELATES TO CRIMINAL ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR VALUABLES IF THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES IT IS OR WILL BE USED IN A PATTERN OF CRIMINAL GANG ACTIVITY OR FOR FURTHERANCE OF THE BENEFITS OF A CRIMINAL GANG, TO PROVIDE A PROCEDURE FOR SEIZURE OF FIREARMS, AMMUNITION, OR DANGEROUS WEAPONS, WRITTEN OR ELECTRONIC COMMUNICATIONS, RECORDS, MONEY, NEGOTIABLE INSTRUMENTS, OR OTHER VALUABLES, TO PROVIDE FOR NOTIFICATION OF THE SHERIFF AND CHIEF OF POLICE WHEN A CRIMINAL GANG MEMBER IS RELEASED FROM JAIL, PRISON, OR A CORRECTIONS FACILITY, TO PROVIDE AN EXCEPTION FOR EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS, TO PROVIDE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE MAY ADOPT AND ENFORCE ORDINANCES CONSISTENT WITH THIS ARTICLE, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO INCLUDE THE VIOLENT GANG TERRORIST ORGANIZATION FILE AMONG THE NATIONAL CRIME INFORMATION CENTER DATA AVAILABLE FOR DIRECT ACCESS BY CRIMINAL JUSTICE AGENCIES, TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO MAINTAIN A RECORD OF ALL PERSONS WHO ARE FOUND TO BE CRIMINAL GANG MEMBERS IN THE VIOLENT GANG AND TERRORIST ORGANIZATION FILE, AND TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO DEVELOP AND MAINTAIN A STATEWIDE CRIMINAL GANG DATABASE.

Senator LEATHERMAN asked unanimous consent to take the committee report up for immediate consideration.

There was no objection.

Senator LEATHERMAN asked unanimous consent to commit S. 141 to the Committee on Finance.

There was no objection.

The Bill was committed to the Committee on Finance and ordered for consideration tomorrow.

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

S. 142 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Mescher, Setzler, Fair and Alexander: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENDERS BEING REQUIRED TO SUBMIT SAMPLES FOR INCLUSION IN THE DNA DATABASE, SO AS TO REQUIRE SAMPLES UPON LAWFUL CUSTODIAL ARREST RATHER THAN FOLLOWING SENTENCING AND AT THE TIME OF INTAKE AT A JAIL OR PRISON, AND TO REQUIRE SAMPLES TO BE PROVIDED BEFORE A PERSON IS RELEASED ON PAROLE, RELEASED FROM CONFINEMENT, OR RELEASED FROM AN AGENCY'S JURISDICTION; TO AMEND SECTION 23-3-630, RELATING TO PERSONS AUTHORIZED TO TAKE DNA SAMPLES AND THEIR IMMUNITY FROM LIABILITY, SO AS TO DELETE REQUIREMENTS THAT THE PERSONS AUTHORIZED MUST BE CERTAIN TYPES OF HEALTH PROFESSIONALS AND TO PROVIDE THAT ONLY THEY MUST BE APPROPRIATELY TRAINED; TO AMEND SECTION 23-3-650 SO AS TO PROVIDE FOR COORDINATION BETWEEN SLED AND LOCAL LAW ENFORCEMENT AGENCIES TO PREVENT COLLECTION AND PROCESSING OF DUPLICATE DNA SAMPLES; AND TO AMEND SECTIONS 23-3-660 AND 23-3-670, RELATING TO EXPUNGEMENTS AND FEES FOR DNA SAMPLES, SO AS TO PROVIDE FOR EXPUNGEMENT WHEN CHARGES ARE DISMISSED OR NOLLE PROSSED, TO PROVIDE THAT THE STATE WILL PAY FOR THE COSTS OF COLLECTING AND PROCESSING A DNA SAMPLE, AND TO PROVIDE THAT FEES COLLECTED FROM CONVICTED PERSONS SHALL BE REMITTED TO THE GENERAL FUND OF THE STATE AND CREDITED TO THE STATE LAW ENFORCEMENT DIVISION.

Ordered for consideration tomorrow.

On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 142.

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

S. 143 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Sheheen, Vaughn, Elliott and Fair: A BILL TO AMEND CHAPTER 5, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, SO AS TO ESTABLISH A STATEWIDE CRIMINAL CASE MANAGEMENT SYSTEM; AND TO AMEND SECTION 1-7-330, RELATING TO ATTENDANCE AT CIRCUIT COURT AND PREPARATION OF THE CRIMINAL DOCKET, SO AS TO PROVIDE THAT THE CRIMINAL DOCKET IS PREPARED PURSUANT TO A CRIMINAL CASE MANAGEMENT PLAN ADOPTED BY THE CIRCUIT AND APPROVED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT.

Ordered for consideration tomorrow.

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

S. 144 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott and Fair: A JOINT RESOLUTION TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

Ordered for consideration tomorrow.

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

S. 146 (Word version) -- Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Campsen, Richardson, Hayes, Vaughn, Elliott, Fair and Alexander: A BILL TO AMEND SECTION 23-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT ANY MUNICIPAL OR COUNTY LAW ENFORCEMENT OFFICER MAY BE TRANSFERRED OR ASSIGNED ON A TEMPORARY BASIS TO WORK WITHIN MULTI-JURISDICTIONAL TASK FORCES ESTABLISHED FOR THE MUTUAL AID AND BENEFIT OF THE PARTICIPATING JURISDICTIONS; AND TO AMEND SECTION 23-1-215, RELATING TO AGREEMENTS BETWEEN MULTIPLE LAW ENFORCEMENT JURISDICTIONS FOR THE PURPOSE OF CRIMINAL INVESTIGATIONS, SO AS TO PROVIDE THAT IN THE EVENT OF A CRIME OR CRIMES THAT HAVE OCCURRED WHERE MULTIPLE JURISDICTIONS ARE INVOLVED, LAW ENFORCEMENT OFFICERS ARE AUTHORIZED TO EXERCISE JURISDICTION WITHIN OTHER COUNTIES OR MUNICIPALITIES FOR PURPOSES OF THE CRIMINAL INVESTIGATIONS.

Ordered for consideration tomorrow.

On motion of Senator LOURIE, with unanimous consent, the name of Senator LOURIE was added as a co-sponsor of S. 146.

Senator FAIR from the Committee on Corrections and Penology polled out S. 294 favorable:

S. 294 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-8303, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFENSES COMMITTED BY JUVENILES FOR WHICH RELEASE FROM THE DEPARTMENT OF JUVENILE JUSTICE IS DETERMINED BY THE BOARD OF JUVENILE PAROLE OR THE DEPARTMENT, SO AS TO CLARIFY THAT RELEASE FOR THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE MUST BE DETERMINED BY THE BOARD; AND TO AMEND SECTION 20-7-8305, AS AMENDED, RELATING TO REVIEW AND RELEASE PROCEDURES FOR THE BOARD AND DEPARTMENT, SO AS TO PROVIDE THAT THE STATUTORY PROCEDURES APPLY TO THE BOARD AND THAT THE DEPARTMENT SHALL ESTABLISH POLICIES AND PROCEDURES GOVERNING ITS REVIEW AND RELEASE PROCEDURES.

Poll of the Corrections and Penology Committee
Polled 17; Ayes 17; Nays 0; Not Voting 0

AYES

Fair                      Thomas                    Patterson
Ford                      Gregory                   Ryberg
Anderson                  Hawkins                   Pinckney
O'Dell                    Vaughn                    Hayes
Mescher                   Lourie                    Scott
Sheheen                   Williams

Total--17

NAYS

Total--0

Ordered for consideration tomorrow.

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 277 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKERS 7 AND 11.

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

Motion Under Rule 26B

Senator RICHARDSON asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.

There was no objection.

Senator RICHARDSON proposed the following amendment (277R001.SHR), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Section 57-23-800 of the 1976 Code, as added by Act 17 of 1999, is amended to read:

"Section 57-23-800.   (A)   The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements: at its discretion. However, before it implements a project pursuant to this section, the department must consult with the local governmental authority that has jurisdiction over the portion of highway subject to the vegetation management project.

(1)   a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.

(2)   a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.

(3)   an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.

(B)   The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.

(C)   The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.

(D)   If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 305 (Word version) -- Senator Short: A BILL TO AMEND ACT 525 OF 1982, AS AMENDED, RELATING TO ELECTION OF MEMBERS OF THE CHESTER COUNTY COUNCIL AND THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE SAME TIME AS THE GENERAL ELECTION AND PROVIDE FOR FILING REQUIREMENTS AND SUPERVISION OF THE ELECTIONS.

S. 305--Ordered to a Third Reading

On motion of Senator SHORT, S. 305 was ordered to receive a third reading on Thursday, January 25, 2007.

OBJECTION

S. 285 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMPTROLLER GENERAL SHALL BE NOMINATED BY THE GOVERNOR, APPROVED BY UNANIMOUS VOTE OF THE GOVERNOR, THE STATE TREASURER, THE CHAIRMAN OF THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE.

Senator JACKSON objected to further consideration of the Joint Resolution.

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

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

PASSED BY 'AYES' AND 'NAYS'
RECOMMITTED

S. 284 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO THE ADJUTANT GENERAL'S TITLE AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.

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

Senator McCONNELL, moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a second reading.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   (A)   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Adjutant General serving on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, upon the advice and consent of the Senate. The term of office must be for four years, coterminous with that of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General may be removed from office."

(B)   It is proposed that Section 4, Article XIII of the Constitution of this State be amended to read:

"Section 4.   There shall must be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other state officers, who shall rank as Brigadier General, and whose duties and compensation shall be are prescribed by law. The Governor shall, by and with the advice and consent of the Senate, shall appoint such other staff officers as the General Assembly may direct.

Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor in the manner provided in Section 7, Article VI."

SECTION   2.   The proposed amendments in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers and Section 4, Article XIII, relating to the Adjutant General and his staff officers be amended so as to update references to his title; delete the Adjutant General from the list of state officers which the Constitution requires to be elected; provide that upon the expiration of the term of the Adjutant General serving on the date of the ratification of these provisions, the Adjutant General must be appointed by the Governor with the advice and consent of the Senate for a term of four years, coterminous with that of the Governor; and require the General Assembly to provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Adjutant General may be removed from office?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

--XX--

The question then was the second reading of the Joint Resolution.

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

Ayes 27; Nays 18

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Elliott                   Fair                      Gregory
Hutto                     Leatherman                Lourie
Martin                    McConnell                 Mescher
Moore                     O'Dell *                  Peeler
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Thomas                    Vaughn                    Verdin

Total--27

NAYS

Anderson                  Drummond                  Ford
Hawkins                   Hayes                     Jackson
Knotts                    Land                      Leventis
Malloy                    Matthews                  McGill
Patterson                 Pinckney                  Rankin
Reese                     Short                     Williams

Total--18

*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 Joint Resolution was read the second time, passed and ordered to a third reading.

S. 284--Recommitted

The Joint Resolution failed to receive the two-thirds vote required under Article XVI, Section 1 of the S. C. Constitution, and Senator McCONNELL moved that the Joint Resolution be recommitted to the Committee on Judiciary.

The Joint Resolution was recommitted.

Recorded Vote

Senator RYBERG desired to be recorded as voting against the motion to recommit.

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

CARRIED OVER

S. 157 (Word version) -- Senators McConnell, Vaughn, Campsen, Courson, Richardson, Hayes, Mescher, McGill, Knotts, Elliott, Cleary, Leatherman, Alexander, Verdin and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA TEACHER PROTECTION ACT OF 2007", BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A TEACHER MAY BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS A CRIMINAL OFFENSE AGAINST THE TEACHER IF THE OFFENSE OCCURS ON SCHOOL GROUNDS OR AT A SCHOOL-RELATED EVENT, OR IF THE OFFENSE IS DIRECTLY RELATED TO THE TEACHER'S PROFESSIONAL RESPONSIBILITIES, AND TO PROVIDE THAT NO TEACHER HAS CIVIL LIABILITY TO A STUDENT OR TO A PARTY ACTING IN THE INTEREST OF THE STUDENT FOR AN ACT OR OMISSION BY THE TEACHER THAT OCCURS WHILE THE TEACHER IS ACTING ON BEHALF OF THE SCHOOL; AND TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY.

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

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

PASSED BY 'AYES' AND 'NAYS'

S. 285 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMPTROLLER GENERAL SHALL BE NOMINATED BY THE GOVERNOR, APPROVED BY UNANIMOUS VOTE OF THE GOVERNOR, THE STATE TREASURER, THE CHAIRMAN OF THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, AND THE CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE.

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

Senator McCONNELL, moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a second reading.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   (A)   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Comptroller General serving in office on the date of the ratification of the provisions of this paragraph, the Comptroller General must be nominated by the Governor, approved by unanimous vote of the Governor, the State Treasurer, the Chairman of the Ways and Means Committee of the House of Representatives, and the Chairman of the Finance Committee of the Senate, and subject to the advice and consent of the Senate. The term of the Comptroller General shall be for four years, coterminous with that of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for the Comptroller General and the procedures by which the Comptroller General may be removed from office."

SECTION   2.   The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Comptroller General from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Comptroller General serving in office on the date of the ratification of this provision, the Comptroller General must be nominated by the Governor, approved by unanimous vote of the Governor, the State Treasurer, the Chairman of the Ways and Means Committee of the House of Representatives, and the Chairman of the Finance Committee of the Senate, and subject to the advice and consent of the Senate; to provide that the term of the Comptroller General shall be for four years, coterminous with that of the Governor; and to require the General Assembly to provide by law for the duties, compensation, and qualifications for the Comptroller General and the procedures by which the Comptroller General may be removed from office?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

--XX--

The question then was the second reading of the Joint Resolution.

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

Ayes 32; Nays 11

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Elliott                   Fair                      Gregory
Grooms                    Hawkins                   Hayes
Knotts                    Leatherman                Lourie
Martin                    McConnell                 Mescher
Moore                     O'Dell *                  Peeler
Rankin                    Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Thomas                    Vaughn
Verdin                    Williams

Total--32

NAYS

Drummond                  Ford                      Hutto
Jackson                   Land                      Leventis
Malloy                    Matthews                  McGill
Patterson                 Reese

Total--11

*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.

Having received the necessary vote under Article XVI, Section 1 of the S. C. Constitution, the   Joint Resolution was read the second time, passed and ordered to a third reading.

S. 285--Motion to Reconsider Carried Over

Having voted on the prevailing side, Senator SHEHEEN moved to reconsider the vote whereby S. 285 received a second reading.

On motion of Senator SHEHEEN, the motion was carried over.

PASSED BY 'AYES' AND 'NAYS'
RECOMMITTED

S. 286 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.

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

Amendment No. 4

Senator SETZLER proposed the following Amendment No. 4 (286-NGS), which was tabled:

Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting the following:

SECTION   1.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the ratification of the provisions of this paragraph, the election of the Superintendent of Education must be nonpartisan. The General Assembly shall provide, by law, the procedures by which the election is to be conducted."

SECTION   2.   The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to require that the election of the Superintendent of Education be nonpartisan and require the General Assembly to provide for the procedure by which the election is to be conducted?"

Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator COURSON spoke on the amendment.

Senator MARTIN moved to lay the amendment on the table.

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

Ayes 25; Nays 20

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Knotts
Leatherman                Martin                    McConnell
Mescher                   Peeler                    Rankin
Richardson                Ritchie                   Ryberg
Scott                     Thomas                    Vaughn
Verdin

Total--25

NAYS

Anderson                  Drummond                  Elliott
Ford                      Hutto                     Jackson
Land                      Leventis                  Lourie
Malloy                    Matthews                  McGill
Moore                     Patterson                 Pinckney
Reese                     Setzler                   Sheheen
Short                     Williams

Total--20

The amendment was laid on the table.

The question then was the second reading of the Joint Resolution.

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

Ayes 27; Nays 19

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Knotts                    Leatherman                Martin
McConnell                 Mescher                   O'Dell *
Peeler                    Richardson                Ritchie
Ryberg                    Scott                     Sheheen
Thomas                    Vaughn                    Verdin

Total--27

NAYS

Anderson                  Drummond                  Elliott
Ford                      Jackson                   Land
Leventis                  Lourie                    Malloy
Matthews                  McGill                    Moore
Patterson                 Pinckney                  Rankin
Reese                     Setzler                   Short
Williams

Total--19

*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 Joint Resolution was read the second time, passed and ordered to a third reading.

S. 286--Recommitted

The Joint Resolution failed to receive the two-thirds vote required under Article XVI, Section 1 of the S. C. Constitution, and Senator McCONNELL moved that the Joint Resolution be recommitted to the Committee on Judiciary.

The Joint Resolution was recommitted.

Recorded Vote

Senator RYBERG desired to be recorded as voting against the motion to recommit.

PASSED BY 'AYES' AND 'NAYS'
RECOMMITTED

S. 287 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE COMMISSIONER OF AGRICULTURE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.

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

Senator KNOTTS spoke on the Joint Resolution.

Senator GREGORY spoke on the Joint Resolution.

Senator MATTHEWS spoke on the Joint Resolution.

Senator LEVENTIS spoke on the Joint Resolution.

Senator McCONNELL, moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a second reading.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:

"Beginning upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of the provisions of this paragraph, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the Senate. The term of office must be for four years, coterminous with that of the Governor. The General Assembly shall provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Commissioner of Agriculture may be removed from office."

SECTION   2.   The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Commissioner of Agriculture from the list of state officers which the Constitution requires to be elected; provide that upon the expiration of the term of the Commissioner of Agriculture serving in office on the date of the ratification of this provision, the Commissioner of Agriculture must be appointed by the Governor, upon the advice and consent of the Senate, for a term coterminous with the Governor; and require the General Assembly to provide by law for the duties, compensation, and qualifications for office, the procedures by which the appointment is made, and the procedures by which the Commissioner of Agriculture may be removed from office?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

--XX--

The question then was the second reading of the Joint Resolution.

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

Ayes 30; Nays 15

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Gregory                   Grooms                    Hawkins
Hayes                     Leatherman                Lourie
Martin                    McConnell                 Mescher
Moore                     Peeler                    Rankin
Richardson                Ritchie                   Ryberg
Scott                     Setzler                   Sheheen
Thomas                    Vaughn                    Verdin

Total--30

NAYS

Anderson                  Ford                      Hutto
Jackson                   Knotts                    Land
Leventis                  Malloy                    Matthews
McGill                    Patterson                 Pinckney
Reese                     Short                     Williams

Total--15

The Joint Resolution was read the second time, passed and ordered to a third reading.

Recorded Vote

Senator McCONNELL asked unanimous consent to make a motion in Senator O'DELL's absence to record Senator O'DELL as voting in favor of the second reading of the Joint Resolution, not changing the outcome of the vote.

Inasmuch as it would have altered the outcome of the vote, Senator O'DELL's vote was not recorded.

S. 287--Recommitted

The Joint Resolution failed to receive the two-thirds vote required under Article XVI, Section 1 of the S. C. Constitution, and Senator McCONNELL moved that the Joint Resolution be recommitted to the Committee on Judiciary.

The Joint Resolution was recommitted.

Recorded Vote

Senator RYBERG desired to be recorded as voting against the motion to recommit.

PASSED BY 'AYES' AND 'NAYS'
RECOMMITTED

S. 288 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SECRETARY OF STATE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SECRETARY OF STATE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR.

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

Amendment No. 1A

Senators SHEHEEN and RYBERG proposed the following Amendment No. 1A (JUD0288.005), which was not adopted:

Amend the joint resolution, as and if amended, page 1, by striking lines 32 through 40, as contained in SECTION 1, and inserting therein the following:

/   "Beginning upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of the provisions of this paragraph, the office of Secretary of State is abolished. The functions and duties of the Secretary of State must be devolved in the manner that the General Assembly shall provide by law."   /

Amend the joint resolution further, as and if amended, page 2, by striking lines 6 through 16, as contained in SECTION 2, and inserting therein the following:

/   "Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Secretary of State from the list of state officers which the Constitution requires to be elected; provide that upon the expiration of the term of the Secretary of State serving in office on the date of the ratification of this provision, the office of Secretary of State is abolished; and require that the functions and duties of the Secretary of State be devolved in the manner that the General Assembly shall provide by law?   /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

The question then was the adoption of the amendment.

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

Ayes 19; Nays 23

AYES

Anderson                  Bryant                    Campsen
Cleary                    Courson                   Drummond
Elliott                   Gregory                   Hutto
Lourie                    Moore                     Patterson
Richardson                Ryberg                    Scott
Setzler                   Sheheen                   Thomas
Vaughn

Total--19

NAYS

Alexander                 Cromer                    Fair
Grooms                    Hawkins                   Hayes
Jackson                   Knotts                    Land
Leatherman                Leventis                  Malloy
Martin                    McConnell                 McGill
Mescher                   Peeler                    Rankin
Reese                     Ritchie                   Short
Verdin                    Williams

Total--23

Having failed to receive the necessary vote, the amendment was not adopted.

The question then was the second reading of the Joint Resolution.

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

Ayes 30; Nays 13

AYES

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Elliott                   Fair                      Gregory
Grooms                    Hayes                     Hutto
Leatherman                Lourie                    Martin
McConnell                 Mescher                   Moore
O'Dell *                  Peeler                    Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Short
Thomas                    Vaughn                    Verdin

Total--30

NAYS

Drummond                  Ford                      Hawkins
Jackson                   Knotts                    Land
Leventis                  Malloy                    McGill
Patterson                 Rankin                    Reese
Williams

Total--13

*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 Joint Resolution was read the second time, passed and ordered to a third reading.

S. 288--Recommitted

The Joint Resolution failed to receive the two-thirds vote required under Article XVI, Section 1 of the S. C. Constitution, and Senator McCONNELL moved that the Joint Resolution be recommitted to the Committee on Judiciary.

The Joint Resolution was recommitted.

Recorded Vote

Senator RYBERG desired to be recorded as voting against the motion to recommit.

RECOMMITTED

S. 101 (Word version) -- Senators McConnell, Courson, Martin, Campsen, Richardson, Cleary, Leatherman and Alexander: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 37, SO AS TO PROVIDE THAT THE SENATE MUST ELECT FROM AMONG ITS MEMBERS A PRESIDENT OF THE SENATE TO PRESIDE OVER THE SENATE AND TO PERFORM OTHER DUTIES AS PROVIDED BY LAW; PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE PRESIDENT PRO TEMPORE OF THE SENATE, SO AS TO DELETE SECTION 9 WHICH PROVIDES THAT THE SENATE MUST CHOOSE A PRESIDENT PRO TEMPORE AND WHICH ALSO PROVIDES THAT A MEMBER OF THE SENATE ACTING AS LIEUTENANT GOVERNOR VACATES HIS SEAT AND ANOTHER PERSON IS ELECTED IN HIS STEAD; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE LIEUTENANT GOVERNOR AS PRESIDENT OF THE SENATE, BY DELETING SECTION 10 WHICH PROVIDES THAT THE LIEUTENANT GOVERNOR IS THE PRESIDENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 12, ARTICLE IV, RELATING TO THE DISABILITY OF THE GOVERNOR, SO AS TO PROVIDE THAT IF BOTH THE ATTORNEY GENERAL AND THE STATE TREASURER TRANSMIT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES A WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE, THE LIEUTENANT GOVERNOR MUST ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR; PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, RELATING TO THE QUALIFICATIONS OF JUSTICES AND JUDGES, SO AS TO DELETE AN OBSOLETE PARAGRAPH WHICH PROVIDES FOR CERTAIN QUALIFICATIONS OF SITTING JUSTICES AND JUDGES; PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, OR CIRCUIT COURT, SO AS TO PROVIDE THAT A VACANCY MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE VI, RELATING TO THE OATH OF OFFICE FOR EXECUTIVE OFFICERS, SO AS TO DELETE MEMBERS OF THE GENERAL ASSEMBLY FROM THE SECTION AND TO MAINTAIN OATHS FOR MEMBERS OF THE GENERAL ASSEMBLY UNDER ARTICLE III, SECTION 26.

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

Amendment No. 1

Senator McCONNELL proposed the following Amendment No. 1 (JUD0101.001), which was adopted:

Amend the joint resolution, as and if amended, pages 7 through 9, by striking SECTIONS 11 through 16 in their entirety.

Renumber sections to conform.

Amend title to conform.

The question then was the second reading of the Joint Resolution.

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

Ayes 22; Nays 23

AYES

Alexander                 Bryant                    Campsen
Cleary                    Cromer                    Fair
Gregory                   Grooms                    Hawkins
Hayes                     Lourie                    Martin
McConnell                 Mescher                   O'Dell*
Peeler                    Richardson                Ritchie
Ryberg                    Scott                     Thomas
Vaughn

Total--22

NAYS

Anderson                  Courson                   Drummond
Elliott                   Ford                      Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Malloy
McGill                    Moore                     Patterson
Pinckney                  Rankin                    Reese
Setzler                   Sheheen                   Short
Verdin                    Williams

Total--23

*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.

Having failed to receive the necessary vote, second reading of the Joint Resolution failed.

S. 101--Recommitted

Senator McCONNELL moved to recommit the Joint Resolution to the Committee on Judiciary.

The Joint Resolution was recommitted.

Recorded Vote

Senator RYBERG desired to be recorded as voting against the motion to recommit.

Expression of Personal Interest

Senator SHEHEEN rose for an Expression of Personal Interest.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Berkeley County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2005, and to expire April 24, 2009

Berkeley:

Ronald H. Anderson, 100 Speightstown Ct., Goose Creek, S.C. 29445 VICE Paul Welborn

Having received a favorable report from the Cherokee County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Cherokee County Board of Voter Registration, with term to commence March 15, 2006, and to expire March 15, 2008

Jack E. McAbee, 369 Gowdesyville Road, Gaffney, S.C. 29340 VICE Lynda Little

Having received a favorable report from the Richland County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Richland County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Nikiya M. Hall, 5003 Holmes Ave., Columbia, S.C. 29203 VICE Golie S. Augustus