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

Wednesday, January 30, 2008
(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:

Among the opening verses of the book of Joel we read:

"What the cutting locust left, the swarming locust has eaten. What the swarming locust left, the hopping locust has eaten, and what the hopping locust left, the destroying locust has eaten." (Joel 1:4)
Let us pray:
Holy God, as the prophet Joel speaks to us about what had to be an ecological catastrophe in ancient Judah-devastation by a swarm of desert locusts-we are brought up short. We find ourselves thinking about how delicate the balance in our own world is: with our concerns about polluted waterways, about the air we breathe, about the dread of possible ecological disasters. O God, be with all of the leaders of this 117th South Carolina Senate as they strive to be wise and caring stewards of the world around us, for the benefit of ourselves and for our children's children. In Your name we pray, dear Lord.
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:

Statewide Appointments

Reappointment, South Carolina Arts Commission, with the term to commence June 30, 2008, and to expire June 30, 2011
At-Large:
Sarah L. Hayes, 836 Myrtle Drive, Rock Hill, SC 29730

Referred to the Committee on Education.

Reappointment, South Carolina State Ethics Commission, with the term to commence June 30, 2008, and to expire June 30, 2013
3rd Congressional District:
E. Kay Biermann Brohl, 48 Cherry Hills Drive, Aiken, SC 29803

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Housing, Finance and Development Authority, with the term to commence August 15, 2008, and to expire August 15, 2012
At-Large:
John S. Hill, 140 Aspen Trail, Columbia, SC 29206

Referred to the Committee on Labor, Commerce and Industry.

Expression of Personal Interest

Senator PATTERSON rose for an Expression of Personal Interest.

S. 678 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT THE COURT MAY ORDER TERMINATION OF PARENTAL RIGHTS IF THE INSTITUTIONALIZATION OF A PARENT, INCLUDING INCARCERATION, RENDERS IT IMPROBABLE FOR THE PARENT TO CARE FOR THE CHILD FOR AN EXTENDED PERIOD OF TIME AND IF THE COURT FINDS THAT TERMINATION IS IN THE BEST INTEREST OF THE CHILD.

On motion of Senator CLEARY, with unanimous consent, the name of Senator CLEARY was added as a co-sponsor of S. 678.

S. 1018 (Word version) -- Senators Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-43 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A PERSON WITH AN INTEREST IN A REAL ESTATE TRANSACTION INVOLVING AN APPRAISAL TO COMMIT ANY ACT THAT IMPAIRS THE INDEPENDENT JUDGMENT OF THE APPRAISER IN CARRYING OUT THE APPRAISAL ASSIGNMENT, TO PROVIDE DEFINITIONS, TO PROVIDE FOR A CIVIL CAUSE OF ACTION INCLUDING THE AWARD OF COURT COSTS AND ATTORNEY'S FEES, AND TO PROVIDE FOR REVOCATION OF PROFESSIONAL LICENSES OF OFFENDERS.

On motion of Senator CEIPS, with unanimous consent, the names of Senators CEIPS, HAWKINS and LAND were added as co-sponsors of S. 1018.

S. 588 (Word version) -- Senators McConnell, Lourie, Rankin, Land and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 588.

S. 1006 (Word version) -- Senators Ritchie, McConnell, Setzler, Leventis, Knotts, Lourie, Hutto, Martin, Hayes, Ceips, Reese and Elliott: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-235 TO PROVIDE THAT A SPOUSE OR DEPENDENT OF A LAW ENFORCEMENT OFFICER OR FIREFIGHTER KILLED IN THE LINE OF DUTY MAY CONTINUE TO RECEIVE HEALTH AND DENTAL BENEFITS.

On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 1006.

RECALLED

S. 1022 (Word version) -- Senators Peeler and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.
Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

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

On motion of Senator CAMPBELL, with unanimous consent, the name of Senator CAMPBELL was added as a co-sponsor of S. 1022.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1035 (Word version) -- Senators Elliott, Cleary, Rankin and McGill: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE JANA LEE SNAPP OF SPARTANBURG ON BEING CROWNED MISS SUN FUN 2008 AND WISH HER MUCH SUCCESS IN HER REIGN AND IN ALL HER FUTURE ENDEAVORS.
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S. 1036 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION CONGRATULATING THE CONGREGATION OF SOUTH AIKEN CHURCH OF GOD ON THEIR LONG HISTORY OF SERVICE TO THE AIKEN COMMUNITY AND THE DEDICATION OF THEIR NEW SANCTUARY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1037 (Word version) -- Senators Knotts, Leatherman, Cleary, Patterson, Ceips, Alexander, Thomas, Scott, McGill, Matthews, Short, Verdin and Campbell: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 16, 2008, AS "SUNSHINE SUNDAY" AND MARCH 16-22, 2008, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES COMMEMORATING OUR OPEN AND DEMOCRATIC GOVERNMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1038 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 20-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS IN THE CHILDREN'S CODE, INCLUDING THE DEFINITION OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT CHILD ABUSE AND NEGLECT INCLUDES KNOWINGLY EXPOSING A CHILD TO CHEMICALS THAT HAVE THE CAPACITY TO INTERFERE WITH NORMAL PHYSIOLOGICAL FUNCTIONS, INCLUDING DURING THE MANUFACTURING OF METHAMPHETAMINE; TO AMEND SECTION 20-7-763, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF SOCIAL SERVICES MUST MAKE REASONABLE EFFORTS TO PRESERVE OR UNIFY THE FAMILY AND EXCEPTIONS TO THIS REQUIREMENT, SO AS TO PROVIDE AS AN EXCEPTION THAT THE PARENT HAS KNOWINGLY EXPOSED A CHILD TO CHEMICALS THAT HAVE THE CAPACITY TO INTERFERE WITH NORMAL PHYSIOLOGICAL FUNCTIONS, INCLUDING DURING THE MANUFACTURING OF METHAMPHETAMINE; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR THE TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE AS A GROUND THAT THE PARENT EXPOSED A CHILD TO CHEMICALS THAT HAVE THE CAPACITY TO INTERFERE WITH NORMAL PHYSIOLOGICAL FUNCTIONS, INCLUDING DURING THE MANUFACTURING OF METHAMPHETAMINE.
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Read the first time and referred to the Committee on Judiciary.

S. 1039 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 23-31-510 OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY NOT ENACT REGULATIONS TO PROHIBIT A LANDOWNER FROM DISCHARGING A FIREARM ON HIS PROPERTY TO PROTECT FAMILY MEMBERS, EMPLOYEES, OR THE GENERAL PUBLIC FROM ANIMALS POSING A DIRECT THREAT OR DANGER ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES.
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Read the first time and referred to the Committee on Judiciary.

S. 1040 (Word version) -- Senators Massey, Ryberg and Bryant: A BILL TO AMEND SECTION 56-5-6540(C) OF THE 1976 CODE, RELATING TO SAFETY BELTS, TO PROVIDE THAT A VIOLATION OF ANY SAFETY BELT PROVISION IS ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION TO ESTABLISH COMPARATIVE NEGLIGENCE UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 1041 (Word version) -- Senators Hawkins, Campbell, Ford, Fair, Cleary, Anderson, Ryberg, Thomas and Hayes: A BILL TO AMEND SECTION 16-17-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COCKFIGHTING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE.
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Read the first time and referred to the Committee on Judiciary.

S. 1042 (Word version) -- Senators Knotts, Grooms, Hayes, Cromer, Thomas, Ford, Campbell and McGill: A BILL TO AMEND SECTION 8-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS REGARDING PROVISIONS CONCERNING GOVERNMENT VOLUNTEERS, SO AS TO DEFINE "EMERGENCY SUPPORT FUNCTION VOLUNTEER"; TO AMEND SECTION 8-25-20, RELATING TO THE USE OF VOLUNTEERS BY STATE AGENCIES AND DEPARTMENTS, SO AS TO INCLUDE THE CATEGORY OF EMERGENCY SUPPORT FUNCTION VOLUNTEERS IN THE TYPES OF VOLUNTEERS STATE AGENCIES CAN USE; TO AMEND SECTION 8-25-40, RELATING TO BENEFITS PROVIDED TO VOLUNTEERS, INCLUDING MILEAGE REIMBURSEMENT, MEAL ALLOWANCE, AND LIABILITY INSURANCE, SO AS TO AUTHORIZE STATE AGENCIES TO PROVIDE WORKERS' COMPENSATION FOR EMERGENCY SUPPORT FUNCTION VOLUNTEERS AND TO AUTHORIZE EACH AGENCY TO DESIGNATE CIRCUMSTANCES THAT WILL TRIGGER WORKERS' COMPENSATION COVERAGE; TO AMEND SECTION 42-1-130, AS AMENDED, RELATING TO THE DEFINITION OF "EMPLOYEE" IN THE WORKERS' COMPENSATION LAW, SO AS TO ALSO INCLUDE EMERGENCY SUPPORT FUNCTION VOLUNTEERS IN THE DEFINITION OF THIS TERM; TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO INCLUDE A CATEGORY FOR EMERGENCY SUPPORT FUNCTION VOLUNTEERS AND TO DESIGNATE THEIR AVERAGE WEEKLY WAGE AS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FROM THE PRECEDING YEAR; AND TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL STATE AGENCIES PAY WORKERS' COMPENSATION PREMIUMS, SO AS TO PROVIDE PROCEDURES FOR CALCULATION OF PREMIUMS FOR AGENCIES THAT UTILIZE EMERGENCY SUPPORT FUNCTION VOLUNTEERS.
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Read the first time and referred to the Committee on Judiciary.

S. 1043 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 3, TITLE 23 SO AS TO CREATE THE STATE REAL-TIME ELECTRONIC LOGBOOK FOR PHARMACEUTICALS; TO AMEND SECTION 44-53-398, RELATING TO THE SALE OF PRODUCTS CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE, SO AS TO ADD PHENYLPROPANOLAMINE TO THE PRODUCTS GOVERNED BY THE SECTION, TO REQUIRE A RETAILER SELLING A PRODUCT CONTAINING THESE PRODUCTS TO ENTER THE TRANSACTION IN THE STATE REAL-TIME ELECTRONIC LOGBOOK FOR PHARMACEUTICALS, AND TO SPECIFY THE INFORMATION THAT MUST BE ENTERED.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1044 (Word version) -- Senators Lourie, Leventis, Sheheen, Setzler, Scott, McConnell, Short, Ceips, Jackson and Patterson: A CONCURRENT RESOLUTION URGING THE FEDERAL NUCLEAR REGULATORY COMMISSION TO DISAPPROVE THE REQUEST TO IMPORT AND DISPOSE OF ITALIAN LOW-LEVEL RADIOACTIVE WASTE IN THIS COUNTRY.
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S. 1044--Objection

Senator SETZLER asked unanimous consent to make a motion that the Concurrent Resolution be placed on the Calendar without reference.

Senator RYBERG objected.

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

S. 1045 (Word version) -- Senators Anderson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP GUIDELINES FOR APPROPRIATE INSTRUCTION IN THE PREVENTION OF AND PENALTIES FOR LYNCHING, FIGHTING, AND GANG ACTIVITY, AND TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL PROVIDE THIS INSTRUCTION DURING THE FIRST WEEK OF THE SCHOOL YEAR.
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Read the first time and referred to the Committee on Education.

S. 1046 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-145 SO AS TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR A PRACTICE AUTHORIZATION AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING; TO AMEND SECTION 40-1-90, RELATING TO DISCIPLINARY PROCEEDINGS, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO ESTABLISH PROCEDURES FOR CONDUCTING CONTESTED CASE PROCEEDINGS; AND TO AMEND SECTION 40-1-180, AS AMENDED, RELATING TO COLLECTION OF COSTS AND FINES IMPOSED PURSUANT TO A PROCEEDING CONDUCTED BY THE DEPARTMENT, SO AS TO PROVIDE THAT COSTS AND FINES IMPOSED BY THE DEPARTMENT ARE SUBJECT TO THE SET-OFF DEBT COLLECTION ACT.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1047 (Word version) -- Senators Grooms, Campbell and Campsen: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO CREATE NEW PRECINCTS, REDESIGNATE AND RENAME CERTAIN PRECINCTS, AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
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Read the first time and referred to the Committee on Judiciary.

S. 1048 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND SECTION 61-4-120, AS AMENDED, RELATING TO THE SUNDAY SALE OF WINE OR BEER IN THIS STATE, SO AS TO PROVIDE AN EXCEPTION FOR WINE THAT IS HARVESTED, PROCESSED, FERMENTED, BOTTLED, AND SOLD AT THE SAME CONTIGUOUS LOCATION.
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Read the first time and referred to the Committee on Judiciary.

S. 1049 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-3-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES APPLICATION FOR THE REGISTRATION AND LICENSING OF A VEHICLE, SO AS TO PROVIDE THAT THE APPLICATION MUST INCLUDE A VALID COPY OF THE OWNER'S SOUTH CAROLINA DRIVER'S LICENSE.
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Read the first time and referred to the Committee on Transportation.

S. 1050 (Word version) -- Senators Verdin and Ryberg: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE OPERATION DESERT STORM-DESERT SHIELD VETERANS LICENSE PLATES, OPERATION ENDURING FREEDOM VETERANS LICENSE PLATES, AND OPERATION IRAQI FREEDOM VETERANS LICENSE PLATES.
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Read the first time and, on motion of Senator GROOMS, with unanimous consent, S. 1050 was ordered placed on the Calendar without reference.

S. 1051 (Word version) -- Senators Courson and Lourie: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S RECYCLERS FOR THEIR VITAL ROLE IN OUR STATE'S ECONOMY, PRESERVING OUR ENVIRONMENT, AND PROMOTING ENERGY EFFICIENCY.
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S. 1052 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 40 SO AS TO ENACT THE "INTERIOR DESIGN CONSUMER PROTECTION ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO REQUIRE A PERSON RENDERING AN INTERIOR DESIGN SERVICE TO REGISTER WITH THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO PROVIDE REQUIREMENTS FOR REGISTRATION AND RENEWAL OF REGISTRATION; AND TO FURTHER PROVIDE FOR THE REGISTRATION AND REGULATION OF INTERIOR DESIGNERS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4569 (Word version) -- Reps. Phillips, Moss and Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CAPTAIN ALAN BROOKS ALLISON, OF THE GAFFNEY CITY POLICE DEPARTMENT, FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO HIS COUNTRY.

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

H. 4582 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR P. EDWIN DELOACH, OF HAMPTON COUNTY, FOR REACHING THE MOMENTOUS MILESTONE OF FIFTY YEARS OF TIRELESS SERVICE ON THE BOARD OF DIRECTORS OF PALMETTO ELECTRIC COOPERATIVE.

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

H. 4606 (Word version) -- Reps. Witherspoon, Hardwick, Crawford, Lowe, Kennedy, Littlejohn, Mahaffey, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kirsh, Knight, Leach, Limehouse, Loftis, Lucas, Mack, 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 and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S NATIONAL FFA ORGANIZATION MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION ON THE OCCASION OF THE OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 18-22, 2008.

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

REPORTS OF STANDING COMMITTEES

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

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.

Ordered for consideration tomorrow.

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

S. 741 (Word version) -- Senator Courson: A BILL TO AMEND CHAPTER 18, TITLE 27 OF THE 1976 CODE RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, TO REDUCE THE DORMANCY PERIOD FOR SECURITIES FROM SEVEN YEARS TO THREE YEARS, TO UPDATE A REFERENCE, AND TO ELIMINATE THE REQUIREMENT OF A CIVIL PENALTY FOR A PERSON WHO FAILS TO RENDER A REPORT, PERFORM A DUTY, OR DELIVER PROPERTY AS REQUIRED PURSUANT TO THE CHAPTER.

Ordered for consideration tomorrow.

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

S. 831 (Word version) -- Senators Campsen, Grooms, Sheheen, Bryant, McConnell, Cleary, Gregory and Hawkins: A BILL TO AMEND SECTION 22-2-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY EXAMINATION FOR MAGISTRATES, SO AS TO EXTEND THE TIME PERIOD FOR THE VALIDITY OF THE EXAMINATION SCORES FROM SIX MONTHS BEFORE AND SIX MONTHS AFTER THE TIME THE APPOINTMENT IS TO BE MADE TO ONE YEAR BEFORE AND ONE YEAR AFTER THE TIME THE APPOINTMENT IS TO BE MADE.

Ordered for consideration tomorrow.

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

S. 903 (Word version) -- Senators Campsen, McConnell and McGill: A BILL TO AMEND SECTION 1-15-10 OF THE 1976 CODE, RELATING TO APPOINTING THE MEMBERS OF THE COMMISSION ON WOMEN, TO PROVIDE THAT THE COMMISSION IS COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH ONE MEMBER APPOINTED FROM EACH CONGRESSIONAL DISTRICT AND NINE MEMBERS FROM THE STATE AT-LARGE.

Ordered for consideration tomorrow.

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

S. 990 (Word version) -- Senators Martin, Ford, Ritchie, Knotts and Cleary: A BILL TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARINGS, SO AS TO REQUIRE THAT WRITTEN STATEMENTS OF PROPOSED TESTIMONY OF ANYONE WISHING TO TESTIFY BEFORE THE JUDICIAL MERIT SELECTION COMMISSION HEARING BE FURNISHED BY THE PERSON WISHING TO TESTIFY NO LESS THAN TWO WEEKS PRIOR TO THE DATE AND TIME SET FOR THE HEARING UNLESS EXIGENT CIRCUMSTANCES ARE SHOWN BY THE SUBMITTING INDIVIDUAL.

Ordered for consideration tomorrow.

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

H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M.A. Pitts, G.M. Smith, J.R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator VERDIN from the Committee on Agriculture and Natural Resources polled out H. 4447 favorable:

H. 4447 (Word version) -- Rep. Cato: A BILL TO AMEND ACT 170 OF 2007, RELATING TO THE CREATION OF A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, SO AS TO EXTEND FROM FEBRUARY 1, 2008, TO NOVEMBER 1, 2008, THE DATE BY WHICH THE COMMITTEE IS REQUIRED TO MAKE ITS REPORT TO THE GENERAL ASSEMBLY.

Poll of the Agriculture and Natural Resources Committee
Polled 16; Ayes 16; Nays 0; Not Voting 0

AYES

Grooms                    Leventis                  Peeler
Matthews                  McGill                    Hutto
Elliott                   Knotts                    Cromer
Bryant                    Campsen                   Cleary
Lourie                    Williams                  Ritchie
Campbell

Total--14

NAYS

Total--0

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., January 29, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS.
asks for a Committee of Conference, and has appointed Reps. M. Smith, Herbkersman and Doug Jennings to the committee on the part of the House.
Very respectfully,
Speaker of the House

S. 274--CONFERENCE COMMITTEE APPOINTED

S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES OR OFFENDERS.

Whereupon, Senators FAIR, SHEHEEN and CAMPBELL were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 1029 (Word version) -- Senator Ceips: A CONCURRENT RESOLUTION TO RECOGNIZE BEAUFORT COUNTY AS A VITAL PART OF OUR STATE, AND TO DECLARE JANUARY 30, 2008, "BEAUFORT COUNTY DAY" IN SOUTH CAROLINA.

Returned with concurrence.

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

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

S. 858 (Word version) -- Senators McConnell, Rankin, O'Dell, Elliott and McGill: A BILL TO AMEND SECTION 38-73-1095, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE CREDITS AND DISCOUNTS OR SURCHARGES AND DEBITS CALCULATED ON CERTAIN RATING FACTORS FOR RETROFITTING PROPERTY IN ALL AREAS OF THE STATE IN ADDITION TO PROVIDING CREDITS AND DISCOUNTS OR SURCHARGES AND DEBITS CALCULATED ON CERTAIN RATING FACTORS FOR RETROFITTING PROPERTY IN THE COASTAL AREA OR SEACOAST AREA.

S. 863 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A DISHONORED CHECK, SO AS TO PROVIDE THAT A CHARGE THAT IS DISMISSED FOR WANT OF PROSECUTION OR BY REASON OF PAYMENT OF RESTITUTION AND COSTS IS NOT A CHARGE THAT EVIDENCES AN ACT OF MORAL TURPITUDE FOR PURPOSES OF AN OFFICIAL BACKGROUND CERTIFICATION; AND TO REPEAL SECTION 34-11-100 RELATING TO THE EFFECT OF PAYMENT AFTER INSTITUTION OF PROSECUTION.

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

S. 964 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF THE USE OF THE WORD "BANK" IN CONNECTION WITH A PURSUIT OTHER THAN BANKING, SO AS TO PROHIBIT THE USE OF A BANKING ENTITY'S LOGO OR NAME IN CONNECTION WITH A FINANCIAL TRANSACTION WITHOUT ITS WRITTEN CONSENT.

Senator THOMAS explained the Bill.

S. 1034 (Word version) -- Senator Courson: A JOINT RESOLUTION TO EXTEND THE DATE BY WHICH THE HIGHER EDUCATION TASK FORCE MUST SUBMIT RECOMMENDATIONS FOR THE HIGHER EDUCATION STATEWIDE STRATEGIC PLAN TO THE GENERAL ASSEMBLY UNTIL SEPTEMBER 15, 2008.

By prior motion of Senator COURSON, with unanimous consent

AMENDMENT PROPOSED, OBJECTION

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

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

Senator MASSEY proposed the following amendment (535R001.ASM):

Amend the bill, as and if amended, page 2, SECTION 1, by striking line 3 and inserting:

/     Code of Laws of South Carolina.

Beginning February 1, 2011, the successor to any elected or appointed member shall be appointed by the Governor with the advice and consent of the Senate. Terms of members shall be four years and until a successor is appointed and qualifies. With the exception of the ex officio member, a vacancy in the office of a member must be filled by the Governor by appointment for the unexpired term."   /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

Senator JACKSON objected to further consideration of the Bill.

CARRIED OVER

S. 949 (Word version) -- Senators Lourie, Elliott, Thomas, Malloy, Cleary and Alexander: A BILL TO REDESIGNATE SECTION 38-71-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTISM INSURANCE COVERAGE, AS SECTION 38-71-765.

On motion of Senator MALLOY, the Bill was carried over

H. 3852 (Word version) -- Reps. Harrison and McLeod: A BILL TO AMEND SECTION 44-4-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S EMERGENCY HEALTH POWERS, SO AS TO REVISE THE DEFINITION OF "QUALIFYING HEALTH CONDITION" AND "TRIAL COURT"; TO AMEND SECTION 44-4-320, RELATING TO POWERS AND DUTIES REGARDING SAFE DISPOSAL OF HUMAN REMAINS, SO AS TO SPECIFY THAT EXISTING PROVISIONS IN THE STATE EMERGENCY OPERATIONS PLAN GOVERN THE DISPOSAL OF REMAINS AND IF THE PLAN IS NOT SUFFICIENT, MEASURES MAY BE ADOPTED RELATING TO, AMONG OTHER THINGS, DEATH CERTIFICATE AND AUTOPSY PROCEDURES; TO AMEND SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTIES FOR NONCOMPLIANCE, SO AS TO CHANGE A MISDEMEANOR OFFENSE TO A FELONY OFFENSE FOR FAILING TO COMPLY WITH THE DEPARTMENT'S ISOLATION AND QUARANTINE RULES AND ORDERS AND TO PROHIBIT AN EMPLOYER FROM FIRING, DEMOTING, OR DISCRIMINATING AGAINST AN EMPLOYEE COMPLYING WITH AN ISOLATION OR QUARANTINE ORDER; TO AMEND SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO PROVIDE THAT THE ISOLATION AND QUARANTINING OF INDIVIDUALS AND GROUPS UNDER OTHER PROVISIONS OF LAW MUST BE CARRIED OUT PURSUANT TO THIS SECTION; AND TO AMEND SECTION 44-4-570, RELATING TO ADDITIONAL EMERGENCY HEALTH POWERS AND PROCEDURES REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO FURTHER SPECIFY THE USE OF IN-STATE AND OUT-OF-STATE VOLUNTEER HEALTH CARE PROVIDERS, TO PROVIDE THAT IMMUNITY FROM LIABILITY FOR VOLUNTEER HEALTH CARE PROVIDERS IN A STATE OF PUBLIC HEALTH EMERGENCY APPLIES WHETHER OR NOT THE VOLUNTEER RECEIVES FINANCIAL GAIN FOR THE VOLUNTEER SERVICES, AND TO PROVIDE SUCH IMMUNITY TO EMERGENCY ASSISTANT MEDICAL EXAMINERS OR CORONERS.

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

AMENDMENT WITHDRAWN, CARRIED OVER

H. 3789 (Word version) -- Reps. Kirsh and Cooper: A BILL TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES, AND TO DELETE AN OBSOLETE PROVISION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment by Senator RYBERG.

Senator RYBERG proposed the following amendment (3789R002.WGR), which was withdrawn:

Amend the bill, as and if amended, SECTION 5, page 13, by deleting lines 21 through 28.

Renumber sections to conform.

Amend title to conform.

Senator RYBERG asked unanimous consent to withdraw his previously proposed amendment.

There was no objection.

The amendment was withdrawn.

Senator ALEXANDER asked unanimous consent to carry the Bill over.

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.

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

CONCURRENCE

H. 3572 (Word version) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W.D. Smith, Spires, Talley, White, Hart, Whipper and Cotty: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC DIVERSION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC DIVERSION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.

The House returned the Bill with amendments.

On motion of Senator SHEHEEN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 856 (Word version) -- Senators McConnell, Grooms, Ritchie, Bryant, Campsen, O'Dell, Alexander, Elliott, McGill, Ceips and Knotts: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO PROVIDE THAT NO PROVISION OF THE CONSTITUTION SHALL RESTRICT OR LIMIT A STATE FROM ENFORCING FEDERAL LAW WITH REGARD TO IMMIGRATION VIOLATIONS, TO PROVIDE THAT A STATE MAY DECIDE WHAT GOVERNMENT SERVICES FUNDED IN WHOLE OR IN PART BY THE STATE MAY BE PROVIDED TO OR DENIED TO UNDOCUMENTED ALIENS, TO PROVIDE THAT THE STATES SHALL HAVE ANY POWER TO REGULATE IMMIGRATION THAT HAS NOT BEEN SPECIFICALLY PREEMPTED BY CONGRESS, TO PROVIDE THAT EACH STATE HAS THE POWER TO PRESCRIBE STATE CIVIL AND CRIMINAL PENALTIES FOR ILLEGALLY ENTERING THE UNITED STATES, AND TO PROVIDE THAT A STATE HAS THE POWER TO APPREHEND AND EXPEL PERSONS FROM ITS BORDERS WHO ARE IN VIOLATION OF FEDERAL IMMIGRATION LAW, AND THAT THE FEDERAL GOVERNMENT MUST PROVIDE TIMELY ASSISTANCE IN EXPELLING UNDOCUMENTED ALIENS UPON A REQUEST BY A STATE.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Senator MARTIN spoke on the Resolution.

Senator LEVENTIS spoke on the Resolution.

Objection

Senator LEVENTIS asked unanimous consent to make a motion to amend the Resolution by striking out certain language and inserting, "The Congress of the United States shall appropriate, prior to any other function of government being funded, an amount adequate to meet any and all functions of Immigration and Naturalization Service and any other functions related to Homeland Security regarding Border Security."

Senator McCONNELL objected.

Senator LEVENTIS resumed speaking on the Resolution.

Senator HUTTO argued contra to the adoption of the Resolution.

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

Recorded Vote

Senators PEELER, BRYANT, FORD, JACKSON, MATTHEWS, RYBERG and FAIR desired to be recorded as voting against the adoption of the Resolution.

Statement by Senator BRYANT

I fully support the tough measures to combat illegal immigration passed in S. 392 and other legislation dealing with illegal immigration. Even though I was a co-sponsor of S. 856, I voted against the resolution after further realizing the complete inability for the General Assembly to maintain any authority over delegates to a constitutional convention once elected. The potential for a constitutional convention to devolve into a process whereby our most fundamental rights and protections might be altered or stricken compels me to oppose the call to a constitutional convention.

* * *

Statement by Senator RYBERG

I fully support the tough measures to combat illegal immigration passed in S. 392 and other legislation dealing with illegal immigration. I voted against S. 856 after further realizing the complete inability for the General Assembly to maintain any authority over delegates to a constitutional convention once elected. The potential for a constitutional convention to devolve into a process whereby our most fundamental rights and protections might be altered or stricken compels me to oppose the call to constitutional convention.

* * *

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 714 (Word version) -- Senators Leatherman, Reese, Alexander, Patterson, Moore, Thomas, Williams, Ford, Hutto, Malloy, Anderson, Martin, Elliott, Land, O'Dell, Cleary, Rankin, Knotts, Scott, Cromer, Matthews, Pinckney, McGill, Hayes, Drummond, Hawkins, Lourie and Jackson: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED REGARDING LOBBYISTS AND LOBBYING, SO AS TO DEFINE A "POLITICAL AWARENESS ORGANIZATION"; BY ADDING SECTION 2-17-27 SO AS TO PROVIDE FOR THE MANNER OF REGISTRATION OF POLITICAL AWARENESS ORGANIZATIONS; BY ADDING SECTION 2-17-37 SO AS TO PROVIDE FOR THE FILING OF A CERTIFIED CONTRIBUTION REPORT BY A POLITICAL AWARENESS ORGANIZATION; AND TO AMEND SECTION 2-17-130, RELATING TO PENALTIES FOR VIOLATIONS BY LOBBYISTS OR LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE A PENALTY FOR A POLITICAL AWARENESS ORGANIZATION WHICH WILFULLY VIOLATES THE PROVISIONS OF CHAPTER 17, TITLE 2, LOBBYISTS AND LOBBYING.

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

Amendment No. P-1

Senator SHEHEEN proposed the following Amendment No. P-1 (715.VAS):

Amend the committee amendment, as and if amended, page 1, by striking lines 30- 40 and inserting the following:

/   /   SECTION   1.   The 1976 Code is amended by adding:

Section 2-17-16. (a)   The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor, or any other elected statewide public official may not organize, serve as a spokesperson for, or solicit funds for (1) a non-profit organization, including, but not limited to, 501(c)(4)'s and 527's, in which the majority of its activities consist of attempting to influence legislation, (2) a leadership political action committee that is directly or indirectly organized by or on behalf of a public official. This does not prohibit any official from supporting any nonprofit organization with his own personal funds.   /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN explained the amendment.

With Senator SHEHEEN retaining the floor, Senator RITCHIE, with unanimous consent, was recognized to explain the committee amendment.

PRESIDENT Pro Tempore PRESIDES

At 4:18 P.M., Senator McCONNELL assumed the Chair.

Senator RITCHIE resumed explaining the committee amendment.

Senator SHEHEEN resumed explaining the perfecting amendment.

On motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment, with Senator SHEHEEN retaining the floor.