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

Wednesday, February 28, 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:

Hear the Lord's Word to us from the prophet, Amos:

"But let justice roll down like waters, and righteousness like an ever-flowing stream."     (Amos 5:24)

Friends, let us pray:

Gracious Lord, during this month of February we have been reminded that we in this nation have come so far-yet we still have so far to go toward becoming the one people You would have us be. Thank you for Your blessings, dear God. Thank You for dedicated leaders-throughout this State and here in this Senate-who have helped to bring further justice and opportunity to all of our citizens. But as the poet Robert Frost once declared, we still "have promises to keep, and miles to go before we sleep." Guide us, Lord, as we continue-in the words of Julian Bond-to pursue "reconciliation, remembrance, and renewed resolve." In Your loving name we pray.
Amen.

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

Doctor of the Day

Senator ANDERSON introduced Dr. Robert R. Morgan, Jr. of Greenville, S.C., Doctor of the Day.

Statement by Senator GROOMS

It was a pleasure having Gavin Genthert and Hayden Grooms visiting with the Senate today. These are two great students from Macedonia Middle School who are with me today as part of their school's job shadowing program.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator COURSON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator RITCHIE rose for an Expression of Personal Interest.

Senator RITCHIE was accompanied to the podium by Senators PEELER and HAWKINS in honor of 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.

The Senate stood for a moment of silence in honor of Deputy Kevin Carper.

Expression of Personal Interest

Senator RYBERG rose for an Expression of Personal Interest.

On motion of Senator LEATHERMAN, with unanimous consent, the name of Senator LEATHERMAN was added as a co-sponsor of S. 485.

S. 463 (Word version) -- Senators Leatherman, Alexander, Verdin, Short and Setzler: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND THE INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE FUNDS OF ANY TRUST FUND ESTABLISHED BY LAW FOR THE FUNDING OF POST-EMPLOYMENT BENEFITS FOR STATE EMPLOYEES AND PUBLIC SCHOOL TEACHERS MAY BE INVESTED AND REINVESTED IN EQUITY SECURITIES SUBJECT TO THE SAME LIMITATIONS ON SUCH INVESTMENTS APPLICABLE FOR THE FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENTS SYSTEMS.

On motion of Senator VAUGHN, with unanimous consent, the name of Senator VAUGHN was added as a co-sponsor of S. 463.

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin and Campsen: A BILL TO AMEND SECTION 1-30-10(B) OF THE 1976 CODE, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION SHALL BE A BOARD AND A DIRECTOR; TO AMEND SECTION 1-30-105, RELATING TO THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS DIVIDED BETWEEN A DIRECTOR APPOINTED BY THE GOVERNOR AND A BOARD; TO AMEND ARTICLE 3, CHAPTER 1, TITLE 57, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, BY RECONSTITUTING THE COMMISSION AS A BOARD APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR BOARD MEMBERSHIP, THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, THE QUALIFICATIONS REQUIRED OF BOARD MEMBERS, THE MANNER IN WHICH BOARD MEMBERS ARE SCREENED TO VERIFY QUALIFICATIONS, ESTABLISH THE DISTRICTS FROM WHICH BOARD MEMBERS WILL BE APPOINTED, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE BOARD MEMBERS MUST DISCHARGE THEIR INDIVIDUAL DUTIES IN GOOD FAITH, TO DEFINE A CONFLICT OF INTEREST TRANSACTION AND PROHIBIT BOARD MEMBERS FROM ENTERING INTO A CONFLICT OF INTEREST TRANSACTION, AND TO PROVIDE THAT THE ATTORNEY GENERAL MAY PROSECUTE A BOARD MEMBER INDIVIDUALLY FOR A BREACH OF DUTY OR ENTERING INTO A CONFLICT OF INTEREST TRANSACTION; TO AMEND CHAPTER 1, TITLE 57 BY ADDING ARTICLE 4, TO PROVIDE FOR A DEPARTMENT OF TRANSPORTATION REVIEW COMMITTEE TO SCREEN CANDIDATES FOR MEMBERSHIP ON THE BOARD TO DETERMINE WHETHER THE CANDIDATES MEET THE QUALIFICATIONS SET FORTH IN THIS ACT, TO ESTABLISH THE COMPOSITION OF THE REVIEW COMMITTEE AND MANNER IN WHICH COMMITTEE MEMBERS ARE APPOINTED TO SERVE ON THE COMMITTEE, TO ESTABLISH THE ROTATION OF THE COUNTIES WITHIN EACH DISTRICT FROM WHICH CANDIDATES MAY ORIGINATE, TO ESTABLISH THE PROCESS BY WHICH THE PUBLIC IS NOTIFIED OF AN OPEN SEAT ON THE BOARD, TO PROVIDE AN APPROPRIATE TIME WHEN A CANDIDATE MAY FILE A NOTICE OF INTENTION TO SEEK A SEAT ON THE BOARD, TO ESTABLISH THE PARAMETERS OF THE INVESTIGATION OF A CANDIDATE'S QUALIFICATIONS AND THE MANNER IN WHICH THE INVESTIGATION IS TO BE CONDUCTED, TO PROVIDE THAT QUALIFIED CANDIDATES, NOT TO EXCEED THREE, MUST BE NOMINATED TO SERVE ON THE BOARD, TO PROVIDE FOR A STAFF TO BE UTILIZED BY THE COMMITTEE, TO PROVIDE THAT COMMITTEE MEMBERS MAY RECEIVE A PER DIEM AND BE REIMBURSED FOR EXPENSES ASSOCIATED WITH SERVICE ON THE COMMITTEE; TO AMEND SECTION 57-1-410, TO PROVIDE THAT THE GOVERNOR MUST APPOINT THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE THAT THE DIRECTOR SERVES AT THE PLEASURE OF THE GOVERNOR, TO PROVIDE FOR A COMPREHENSIVE STUDY OF CERTAIN PROJECTS BEFORE THEY MAY BE INCLUDED IN THE STATE TRANSPORTATION IMPROVEMENT PLAN, TO MAINTAIN A RANKING OF THE PROJECTS, AND TO EVALUATE ON AN ON-GOING BASIS THE MOST COST EFFECTIVE WAYS TO PROMOTE ECONOMIC DEVELOPMENT BY TARGETING TRANSPORTATION INFRASTRUCTURE INVESTMENTS; TO AMEND CHAPTER 3, TITLE 57, BY ADDING SECTION 57-3-800, TO PROVIDE THAT PUBLIC HEARINGS MUST BE HELD IN EACH COUNTY AFFECTED BY A PROPOSED PROJECT TO INCREASE HIGHWAY CAPACITY WITH AN ESTIMATED TOTAL CONSTRUCTION COST IN EXCESS OF FIFTY MILLION DOLLARS; TO AMEND SECTION 57-1-10, TO DEFINE BOARD; TO AMEND SECTION 57-1-30, TO PROVIDE THAT THE BOARD MUST APPROVE THE STATEWIDE MASS TRANSIT SYSTEM, TO PROVIDE THAT THE BOARD MUST GIVE ITS PRIOR APPROVAL TO PLANNING AND CONSTRUCTION PROJECTS AND THE IMPLEMENTATION OF THE STATEWIDE MASS TRANSIT SYSTEM; TO AMEND SECTION 57-3-40(A), TO PROVIDE THAT THE BOARD MUST APPROVE THE GENERAL MASS TRANSIT PROGRAM BEFORE IT IS IMPLEMENTED, TO AMEND SECTION 57-3-110(1), TO PROVIDE THAT THE DEPARTMENT'S DUTY TO LAY OUT, BUILD, AND MAINTAIN PUBLIC HIGHWAYS AND BRIDGES IS SUBJECT TO BOARD APPROVAL, TO PROVIDE THAT THE BOARD MUST APPROVE EXPENDITURES OF FUNDS FOR PROJECTS THAT REQUIRE THE DEPARTMENT TO ENTER INTO PARTNERSHIP AGREEMENTS WITH POLITICAL SUBDIVISIONS TO BUILD ROADS AND BRIDGES; AND TO AMEND SECTION 57-5-1330(1), TO PROVIDE THAT THE BOARD MUST APPROVE THE DESIGNATION, ESTABLISHMENT, PLAN, IMPROVEMENT, AND CONSTRUCTION OF TURNPIKES.

On motion of Senator VAUGHN, with unanimous consent, the name of Senator VAUGHN was added as a co-sponsor of S. 355.

S. 411 (Word version) -- Senators Ryberg, Peeler, Grooms, McGill, Richardson, Short, Anderson, Land, Mescher, Thomas, Cromer and Scott: A BILL TO AMEND CHAPTER 37, TITLE 44 OF THE 1976 CODE, BY ADDING SECTION 44-37-50, TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO A CHILD CARE PROVIDER, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, AND TO PROVIDE THAT THE DIRECTOR MAY REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS ASSOCIATED WITH SHAKING INFANTS.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 411.

S. 71 (Word version) -- Senators Ryberg, Bryant, Cromer, Richardson and Fair: 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.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 71.

S. 95 (Word version) -- Senator Cleary: 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.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 95.

S. 103 (Word version) -- Senators Jackson, Lourie, Gregory and Fair: 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 FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 103.

S. 449 (Word version) -- Senators Martin, Verdin, Sheheen and Leventis: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.

On motion of Senator BRYANT, with unanimous consent, the name of Senator BRYANT was added as a co-sponsor of S. 449.

On motion of Senator COURSON, with unanimous consent, the names of Senators COURSON, SETZLER, MESCHER, GREGORY, ANDERSON and CLEARY were added as co-sponsors of S. 291.

RECALLED AND TABLED

S. 467 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-525 SO AS TO PROVIDE THAT NOTWITHSTANDING ANOTHER PROVISION OF LAW, THE SEASON FOR HUNTING A MALE WILD TURKEY IN GAME ZONE 5 IS MARCH 15 THROUGH MAY 1, INCLUSIVE; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR THE USE OF A PRIMITIVE WEAPON, FIREARM, AND ARCHERY EQUIPMENT DURING THE SAME SEASON IN GAME ZONE 5.

Senator McGILL asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

The Bill was recalled from the Committee on Fish, Game and Forestry.

Senator McGILL asked unanimous consent to table the Bill.

There was no objection and the Bill was tabled.

RECALLED

H. 3004 (Word version) -- Rep. Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 16 ALONG INTERSTATE HIGHWAY 385 IN LAURENS COUNTY THE "SERGEANT RICK POPE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SERGEANT RICK POPE INTERCHANGE".

Senator VERDIN asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3259 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES SOUTH RABON CREEK ALONG KNICKERBOCKER ROAD IN LAURENS COUNTY THE "JOSEPH KELLETT'S REVOLUTIONARY WAR BLOCK HOUSE MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JOSEPH KELLETT'S REVOLUTIONARY WAR BLOCK HOUSE MEMORIAL BRIDGE".

Senator VERDIN asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 496 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO REAFFIRM THE SOUTH CAROLINA SENATE'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.
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S. 497 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF SERGEANT BUDDY HUGHIE WHO LOST HIS LIFE WHILE ADMIRABLY SERVING HIS COUNTRY IN AFGHANISTAN AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
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S. 498 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-35 SO AS TO PROVIDE THAT THE TWENTY-SEVENTH DAY OF FEBRUARY OF EACH YEAR IS DESIGNATED AS "GENERAL FRANCIS MARION MEMORIAL DAY" IN HONOR OF THIS SOUTH CAROLINA REVOLUTIONARY WAR HERO.
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Read the first time and referred to the Committee on Judiciary.

S. 499 (Word version) -- Senators Rankin, Elliott, Thomas, McConnell, Cleary, Grooms, Verdin, Campsen and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 90, TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA COASTAL CAPTIVE INSURANCE ACT OF 2007", TO PROVIDE FOR THE MANNER IN WHICH A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY BE FORMED, LICENSED, AND REGULATED, TO DEFINE AND TO LIMIT THE TYPES OF RISK A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY UNDERWRITE, TO ESTABLISH MINIMUM CAPITALIZATION REQUIREMENTS FOR SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANIES, AND TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO SET ADDITIONAL DISCRETIONARY CAPITALIZATION REQUIREMENTS NECESSARY TO PROTECT THE PUBLIC, AND TO PROVIDE FOR CERTAIN REQUIRED DISCLOSURES TO CONSUMERS IN ALL APPLICATIONS FOR INSURANCE AND POLICIES.
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Senator THOMAS spoke on the Bill.

Read the first time and referred to the Committee on Banking and Insurance.

S. 500 (Word version) -- Senators Knotts and Ford: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE CIVIL LIABILITY IMMUNITY FOR A LOSS RESULTING FROM CERTAIN DOCUMENTS RELATING TO THE ADMINISTRATION OF THE LAW ENFORCEMENT TRAINING COUNCIL; AND TO AMEND SECTION 23-23-90, RELATING TO INTERNAL DOCUMENTS OF THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO CLARIFY THAT AN ACTION MAY NOT BE BROUGHT BASED ON CERTAIN DOCUMENTS RELATING TO THE ADMINISTRATION OF THE LAW ENFORCEMENT TRAINING COUNCIL UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 501 (Word version) -- Senators Knotts, Thomas and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-21-22 SO AS TO PROVIDE THAT PROPERTY RECOVERED BY A POLICE CHIEF OR A SHERIFF MAY BE SOLD AT PUBLIC AUCTION IF NOT RECLAIMED BY ITS OWNER AFTER THE PROVISION OF PROPER NOTICE; TO AMEND SECTION 27-21-20, AS AMENDED, RELATING TO THE SALE OF CERTAIN PROPERTY BY A POLICE CHIEF OR SHERIFF, SO AS TO PROVIDE A NOTICE REQUIREMENT, AND TO MAKE CONFORMING CHANGES.
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Read the first time and referred to the Committee on Judiciary.

S. 502 (Word version) -- Senators Campsen, Malloy, Sheheen, Ritchie and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ATTORNEY-CLIENT PRIVILEGE, BY ADDING SECTION 62-1-110 SO AS TO PROVIDE THAT WHERE AN ATTORNEY-CLIENT RELATIONSHIP EXISTS BETWEEN A LAWYER AND A FIDUCIARY, COMMUNICATIONS BETWEEN THE LAWYER AND THE FIDUCIARY ARE PRIVILEGED UNLESS WAIVED BY THE FIDUCIARY.
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Read the first time and referred to the Committee on Judiciary.

S. 503 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 22-5-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.
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Read the first time and referred to the Committee on Judiciary.

S. 504 (Word version) -- Senators Leatherman, Gregory, Courson, Bryant, Alexander, Verdin, Elliott, Ritchie and Hayes: A BILL TO AMEND SECTION 6-9-40 OF THE 1976 CODE, RELATING TO THE BUILDING CODE ADOPTION PROCEDURE, TO PROVIDE THE PROCEDURE FOR MODIFYING AN EXISTING CODE IS THE SAME AS ADOPTING A CODE, AND TO PROVIDE THE PROCEDURE FOR AN EMERGENCY BUILDING CODE MODIFICATION.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 505 (Word version) -- Senators Knotts, Ford and Scott: A BILL TO AMEND SECTION 56-16-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "MANUFACTURER", "DEALERSHIP FACILITIES", "FRANCHISE", AND "DEALER", AND TO PROVIDE DEFINITIONS FOR THE TERMS "MOTORCYCLE DEALERSHIP" AND "DEPARTMENT"; TO AMEND SECTION 56-16-40, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE EXISTING PROCEDURE AND ESTABLISH A NEW PROCEDURE; TO ADD SECTION 56-16-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO OWN, OPERATE, OR CONTROL A MOTORCYCLE DEALERSHIP OR TO ESTABLISH AN ADDITIONAL DEALER OR MOTORCYCLE DEALERSHIP UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO COMPETE UNFAIRLY WITH A MOTORCYCLE DEALER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN ENTITIES TO OWN A FACILITY THAT ENGAGES PRIMARILY IN THE REPAIR OF MOTORCYCLES; TO AMEND SECTION 56-16-50, RELATING TO THE COMPENSATION OF A MOTORCYCLE DEALER UPON TERMINATION, NONRENEWAL, OR CANCELLATION OF A FRANCHISE BY A MANUFACTURER OR DISTRIBUTOR, SO AS TO MAKE A TECHNICAL CHANGE, TO PROVIDE THAT THE PROVISIONS CONTAINED IN SECTION 56-16-45 ARE APPLICABLE TO THIS PROVISION, TO PROVIDE THAT THE MOTORCYCLE DEALER MUST BE COMPENSATED FOR THE REASONABLE GOOD WILL FOR THE FRANCHISE, AND TO REVISE THE CONDITIONS UPON WHICH A DEALER MAY BE COMPENSATED; TO ADD SECTION 56-16-85 SO AS TO PROVIDE THAT THE PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS APPLY TO ALL WRITTEN AND ORAL AGREEMENTS BETWEEN A MANUFACTURER, FACTORY BRANCH, DISTRIBUTOR BRANCH, DISTRIBUTOR, WHOLESALER, OR FRANCHISOR WITH A MOTORCYCLE DEALER; TO ADD SECTION 56-16-86 SO AS TO PROVIDE THAT A DEALERSHIP MAY CONTRACT WITH AN ON-LINE ELECTRONIC SERVICE TO PROVIDE MOTORCYCLES TO CONSUMERS IN THIS STATE; TO AMEND SECTION 56-16-100, RELATING TO CERTAIN PRACTICES ENGAGED IN BY A MANUFACTURER, FACTORY BRANCH, FACTORY REPRESENTATIVE, OR MOTORCYCLE DEALER WHICH ARE UNLAWFUL, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO WHOLESALERS AND WHOLESALER REPRESENTATIVES, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THE STANDARD OF PROOF THAT A MANUFACTURER MUST BEAR IN A PROCEEDING THAT ARISES PURSUANT TO THIS SECTION; TO AMEND SECTION 56-16-200, RELATING TO RELIEF AVAILABLE TO PERSONS INJURED PURSUANT TO THE PROVISIONS CONTAINED IN THIS CHAPTER, SO AS TO PROVIDE FOR ADDITIONAL INJUNCTIVE RELIEF, AND TO PROVIDE THAT PUNITIVE DAMAGES MAY BE AWARDED IF A DEFENDANT HAS ACTED IN BAD FAITH; TO ADD SECTION 56-16-205 SO AS TO PROVIDE FOR THE STATUTE OF LIMITATIONS FOR THE COMMENCEMENT OF AN ACTION THAT ARISES OUT OF A PROVISION RELATING TO THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS; TO AMEND SECTION 56-16-210, RELATING TO CONTRACTS THAT VIOLATE THE PROVISIONS THAT REGULATE MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO PROVIDE THAT THIS STATE'S LAW APPLIES TO ANY FRANCHISE FOR A DEALERSHIP LOCATED IN THIS STATE, AND THAT VENUE IS IN THIS STATE FOR AN ACTION BROUGHT PURSUANT TO THESE PROVISIONS; AND TO REPEAL SECTION 56-16-70, RELATING TO A DEALER'S VOLUNTARY CANCELLATION, NONRENEWAL, OR TERMINATION OF A FRANCHISE AGREEMENT.
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Read the first time and referred to the Committee on Transportation.

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

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 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.
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Senator KNOTTS spoke on the Resolution.

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

S. 508 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO CONGRATULATE MRS. FLORENCE HIRSHMAN LEVY OF RICHLAND COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
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S. 509 (Word version) -- Senators Malloy, McConnell, Ritchie and Thomas: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY, SO AS TO PROVIDE THAT AN EMPLOYER WHO MAY SELF-FUND WORKERS' COMPENSATION COVERAGE IS AUTHORIZED TO WRITE WORKERS' COMPENSATION COVERAGE DIRECTLY THROUGH A CAPTIVE INSURANCE COMPANY; AND TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO INSURANCE OR PROOF OF FINANCIAL ABILITY TO PAY, SO AS TO AUTHORIZE A CAPTIVE INSURANCE COMPANY, WHICH MAY PAY DIRECTLY COMPENSATION, THE ABILITY TO WRITE WORKERS' COMPENSATION INSURANCE.
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Read the first time and referred to the Committee on Banking and Insurance.

H. 3267 (Word version) -- Reps. G. M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.

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

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

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

H. 3456 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT, BY ADDING CHAPTER 20 ENACTING THE "ABANDONED MANUFACTURED HOME REMOVAL ACT" SO AS TO PROVIDE A PROCEDURE FOR DEMOLITION AND DISPOSAL OF ABANDONED MANUFACTURED HOMES AND PROVIDE THE APPROPRIATE NOTICE AND OTHER PROCEDURES NECESSARY FOR THIS ACT; AND TO AMEND SECTION 12-49-85, AS AMENDED, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO THE ABANDONED MANUFACTURED HOME REMOVAL ACT.

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

H. 3581 (Word version) -- Reps. Clyburn, Pinson, Parks and M. A. Pitts: A CONCURRENT RESOLUTION TO COMMEND THE TALENTED ARTISANS OF EDGEFIELD POTTERY FOR THEIR OUTSTANDING WORK IN BRINGING EXCEPTIONAL POTTERY PIECES TO THE CITIZENS OF SOUTH CAROLINA.

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

H. 3586 (Word version) -- Rep. G. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WARREN TAYLOR, OF SIMPSONVILLE, UPON THE CELEBRATION OF FIFTY YEARS OF SERVICE AS A JEWELER, AND TO COMMEND HIM FOR HIS OUTSTANDING WORK AND DEDICATION TO HIS CRAFT.

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

H. 3587 (Word version) -- Reps. Crawford, 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, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, 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 AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 15, 2007, FROM 12:00 NOON TO 1:00 P.M. FOR ITS ANNUAL STATE HOUSE MEETING.

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

H. 3600 (Word version) -- Rep. Mitchell: A CONCURRENT RESOLUTION TO COMMEND AND THANK GLENICE B. PEARSON FOR HER DEDICATED SERVICE TO SOUTH CAROLINA'S NONPROFIT CHARITABLE ORGANIZATIONS AND HER AUTHORSHIP OF THE OFFICIAL STATE MANUAL FOR THESE ORGANIZATIONS.

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

REPORTS OF STANDING COMMITTEE

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 141 (Word version) -- Senators Knotts, Malloy, McConnell, Ford, Rankin, Cleary, Campsen, Setzler, Sheheen, Richardson, Vaughn, McGill, Elliott, Fair, Alexander and Lourie: 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.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 451 (Word version) -- Senators Courson, Setzler, Leatherman and Alexander: A BILL TO AMEND SECTION 59-119-940 OF THE 1976 CODE, RELATING TO LIMITS ON CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, TO INCREASE THE OUTSTANDING DEBT LIMIT ASSOCIATED WITH THE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND ACT 518 OF 1980, AS AMENDED, TO INCREASE THE OUTSTANDING DEBT LIMIT ASSOCIATED WITH UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS.

Ordered for consideration tomorrow.

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. 3492 (Word version) -- Rep. Anthony: A BILL TO REPEAL SECTION 12 OF ACT 79 OF 1955 AND SECTION 1 OF ACT 301 OF 1971, BOTH PREVIOUSLY CODIFIED AS PART OF SECTION 21-4172, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE OPERATION OF THE SCHOOL DISTRICT OF UNION COUNTY AND THE DETERMINATION OF THE RECOMMENDATIONS OF ITS BOARD OF TRUSTEES AND THE PROHIBITION OF CLOSING A HIGH SCHOOL IN UNION COUNTY WITHOUT A UNANIMOUS VOTE OF ITS TRUSTEES.

By prior motion of Senator SHORT, with unanimous consent, the Bill was taken up for immediate consideration.

There was no objection.

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

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 2; Nays 1

AYES

Ritchie (26.86)           Short (39.85)

Total--2 (66.71)

NAYS

Peeler (33.29)

Total--1 (33.29)

By a weighted vote of 66.71 to 33.29, the Bill was read the third time and ordered enrolled for Ratification.

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 A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.

CARRIED OVER

S. 426 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3086, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Senator McCONNELL spoke on the Resolution.

Senator KNOTTS moved to recommit the Resolution to the Committee on Fish, Game and Forestry.

Senator GROOMS made a motion to carry over the Joint Resolution.

On motion of Senator GROOMS, with unanimous consent, the motion to carry over was withdrawn.

Senator GROOMS spoke on the motion to recommit.

Senator PEELER renewed the motion to carry over the Joint Resolution.

The Resolution 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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

Amendment No. P-4

Senator GROOMS proposed the following Amendment P-4 (283R004.LKG), which was adopted:

Amend the committee amendment, as and if amended, by striking the amendment and inserting:

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

/   SECTION   1.   Section 50-11-2200 of the 1976 Code, as last amended by Act 70 of 2001, is further amended to read:

"Section 50-11-2200.   (A)   Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing. The department may not have under lease at any one time more than one million six hundred thousand acres in the wildlife management area program. The department may not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:

(1)   if the former lessee executes a voluntary consent to the proposed wildlife management area lease;

(2)   if the lessor cancels the lease; or

(3)   to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife promulgate regulations for hunting and taking wildlife on all wildlife management areas.

(B)   The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of land owned by the department wildlife management areas.

(C)   The following acts or conduct are prohibited and shall be unlawful on all wildlife management areas land owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands:

( 1)   hunting or taking wildlife or fish during closed season;

( 2)   exceeding bag or creel limits;

( 3)   hunting or taking wildlife;

( 4)   hiking;

( 5)   rock climbing;

( 6)   operation of motorized and nonmotorized vehicles;

( 7)   swimming;

( 8)   camping;

( 9)   horse riding;

(10)   operation of boats;

(11)   possession of pets;

(12)   gathering plants;

(13)   use of fire, except by the department for management purposes;

(14)   polluting or contaminating any water;

(15)   acting in a disorderly manner or creating any noise which would result in annoyance to others;

(16)   operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system;

(17)   possession of alcoholic beverages on land designated for hunting.

(D)   A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both."

SECTION   2.   Section 50-11-2220 of the 1976 Code, as last amended by Act 257 of 2002, is further amended to read:

"Section 50-11-2220.   A person convicted twice within a three-year period of violating Section 50-11-2210 twice within a three-year period, in addition to the penalties incurred for violating Section 50-11-2210, must lose the privilege of entering onto wildlife management area land for one year abusing, damaging, or destroying wildlife management area land or improvements shall lose the privilege of entering onto wildlife management areas for one year. A person who enters a wildlife management area after losing the privilege to enter wildlife management areas is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have the privilege to hunt or fish suspended for one year in addition shall lose the privilege to enter wildlife management areas for an additional two years and the privilege to hunt and fish for one year. The provisions of this section are in addition to other criminal penalties."

SECTION   3.   This act takes effect upon approval by the Governor./ //

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

Senate Fish, Game and Forestry Committee proposed the following amendment (GJK\20121SD07), which was adopted:

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

/SECTION   1.   Section 50-11-2200 of the 1976 Code, as last amended by Act 70 of 2001, is further amended to read:

"Section 50-11-2200.   (A)   Subject to available funding, the department shall acquire sufficient wildlife habitat through lease or purchase or otherwise to establish wildlife management areas for the protection, propagation, and promotion of fish and wildlife and for public hunting and fishing. The department may not have under lease at any one time more than one million six hundred thousand acres in the wildlife management area program. The department may not pay more than fair market value for the lease of lands in the area. The department may not lease land for the program which, during the preceding twenty-four months, was held under a private hunting lease. However, this restriction does not apply:

(1)   if the former lessee executes a voluntary consent to the proposed wildlife management area lease;

(2)   if the lessor cancels the lease; or

(3)   to any lands which, during the twenty-four months before June 5, 1986, were in the game management area program. The department may establish open and closed seasons, bag limits, and methods for hunting and taking wildlife promulgate regulations for hunting and taking wildlife on all wildlife management areas.

(B)   The department may promulgate regulations for the protection, preservation, operation, maintenance, and use of land owned by the department wildlife management areas. For any lands not owned by the department, the landowner must execute an agreement that details the allowable uses and restrictions applicable to that property as part of the Wildlife Management Program. Regulations that apply to these properties shall conform to the terms of the agreement.

(C)   The following acts or conduct are prohibited and shall be unlawful on all land owned by the department; provided, however, the department may promulgate regulations allowing any of the acts or conduct by prescribing acceptable times, locations, means, and other appropriate restrictions not inconsistent with the protection, preservation, operation, maintenance, and use of such lands:

( 1)   hunting or taking wildlife or fish during closed season;

( 2)   exceeding bag or creel limits;

( 3)   hunting or taking wildlife;

( 4)   hiking;

( 5)   rock climbing;

( 6)   operation of motorized and nonmotorized vehicles;

( 7)   swimming;

( 8)   camping;

( 9)   horse riding;

(10)   operation of boats;

(11)   possession of pets;

(12)   gathering plants;

(13)   use of fire, except by the department for management purposes;

(14)   polluting or contaminating any water;

(15)   acting in a disorderly manner or creating any noise which would result in annoyance to others;

(16)   operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system;

(17)   possession of alcoholic beverages in areas designated for hunting or fishing.

(D)   A person violating this section or the regulations promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both."

SECTION   2.   Section 50-11-2220 of the 1976 Code, as last amended by Act 257 of 2002, is further amended to read:

"Section 50-11-2220.   A person convicted of violating Section 50-11-2210 twice within a three-year period, in addition to the penalties incurred for violating Section 50-11-2210, must lose the privilege of entering onto wildlife management area land for one year abusing, damaging, or destroying wildlife management area land or improvements shall lose the privilege of entering onto wildlife management areas for one year. A person who enters a wildlife management area after losing the privilege to enter wildlife management areas is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days and must have the privilege to hunt or fish suspended for one year in addition shall lose the privilege to enter wildlife management areas for an additional two years and the privilege to hunt and fish for one year. The provisions of this section are in addition to other criminal penalties."

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

CARRIED OVER

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 (JUD3226.001) proposed by Senators MOORE and RANKIN and previously printed in the Journal of Thursday, February 15, 2007.

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

CARRIED OVER

S. 217 (Word version) -- Senators Courson, Hayes, Vaughn, Campsen, Knotts, Setzler and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59, TO ESTABLISH THE SOUTH CAROLINA VIRTUAL CHARTER SCHOOL DISTRICT, PROVIDE THAT IT MUST BE GOVERNED BY A BOARD OF TRUSTEES, PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR THE STUDENTS' SUPERVISION AND THE STUDENTS' DUTIES, PROVIDE FOR THE DISTRICT'S TEACHERS AND FUNDING, PROVIDE A TAX CREDIT FOR AN INDIVIDUAL OR A CORPORATION THAT MAKES A DONATION TO THE DISTRICT, PROVIDE THAT THE DISTRICT MAY NOT LEVY ADDITIONAL TAXES OR ISSUE BONDS WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY, AND PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT MAY PROMULGATE REGULATIONS.

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

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

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session.

EXECUTIVE SESSION

On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Committee on Education, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Public Charter School District Board of Trustees, with term to commence July 1, 2006, and to expire July 1, 2009

SC Association of Public Charter Schools

David Church, 9 Stone Valley Court, Greer, S.C. 29650

Initial Appointment, South Carolina Public Charter School District Board of Trustees, with term to commence July 1, 2006, and to expire July 1, 2008

SC Association of Public School Administrators

Dr. Valerie P. Truesdale, P.O. Box 649, Walhalla, S.C. 29691