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

Wednesday, May 21, 2008
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

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

Moses admonished his people, saying to them:

"You shall love the Lord your God with all your heart, and with all your soul, and with all your might."     (Deuteronomy 6:5)
Let us unite our hearts in prayer, friends:
Holy God, we know that we are to give our all to You. Strengthen each of us as we seek to do so, dear Lord. May each of these Senators truly dedicate themselves to honoring You through the things they say and do in this Chamber, in committee meetings and in their home districts. Together may their work bring great blessings to this State and to her people. And to You, O God, may we always give the greatest praise and thanksgiving for all of our wondrous blessings. In Your loving name do we pray, Lord.
Amen.

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

Doctor of the Day

Senator DRUMMOND introduced Dr. Robert R. Lebel of Greenwood, S.C., Doctor of the Day.

Leave of Absence

At 11:15 A.M., Senator SCOTT requested a leave of absence beginning at 3:00 P.M. and lasting until 11:00 A.M. in the morning.

Leave of Absence

At 3:05 P.M., Senator WILLIAMS requested a leave of absence for Thursday, May 22.

Leave of Absence

At 4:00 P.M., Senator JACKSON requested a leave of absence for the balance of the day.

Leave of Absence

At 4:10 P.M., Senator RITCHIE requested a leave of absence for the balance of the day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1397 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 56-3-7360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "KOREAN WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO MAKE ANY PERSON WHO SERVED IN THE UNITED STATES ARMED FORCES AT ANYTIME FROM JUNE 25, 1950, UNTIL JANUARY 31, 1955, ELIGIBLE TO OBTAIN THIS LICENSE PLATE AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLE'S DISTRIBUTION REQUIREMENTS FOR SPECIAL LICENSE PLATES DO NOT APPLY.
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Read the first time and referred to the Committee on Transportation.

S. 1398 (Word version) -- Senators Setzler, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McConnell, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE BROOKLAND-CAYCE HIGH SCHOOL VARSITY BASEBALL TEAM OF LEXINGTON COUNTY FOR A WINNING SEASON AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 CLASS AAA STATE CHAMPIONSHIP TITLE.
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S. 1399 (Word version) -- Senators Knotts, Alexander, Anderson, Bryant, Campbell, Campsen, Ceips, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Massey, Matthews, McConnell, McGill, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, Thomas, Vaughn, Verdin and Williams: A SENATE RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA SENATE TO M. STUART MUNGO AND THE MUNGO COMPANY FOR THEIR EXTENSIVE CONTRIBUTIONS TOWARD THE BEAUTIFICATION OF LEXINGTON AND RICHLAND COUNTIES IN GENERAL AND THE COLUMBIA METROPOLITAN AIRPORT IN PARTICULAR.
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H. 4867 (Word version) -- Reps. Cato, Harrell, Haley and Viers: A BILL TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO RENDER CERTAIN SERVICES AND TO USE CERTAIN TITLES, SO AS TO PROVIDE THAT INDIVIDUALS AND FIRMS MAY ALSO RENDER THESE SERVICES AND USE CERTAIN TITLES IF CERTAIN QUALIFICATIONS ARE MET; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN SERVICES WITHOUT HAVING A REGISTRATION; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN INDIVIDUAL IN AN OUT-OF-STATE FIRM TO OBTAIN PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.

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

H. 5155 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CALHOUN ACADEMY VARSITY BASEBALL TEAM FOR A SUCCESSFUL SEASON, AND TO CONGRATULATE THE PLAYERS AND COACHES FOR CAPTURING THE 2008 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE.

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

H. 5163 (Word version) -- Reps. Scott, 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, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, 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 RECOGNIZE AND HONOR MRS. CASSIE KEITT WEEKS, UPON THE OCCASION OF HER CENTENNIAL BIRTHDAY, AND TO WISH HER MUCH HEALTH AND HAPPINESS.

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

H. 5171 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE RYAN THADDEUS BRISTOW, OF LEXINGTON COUNTY, FOR ACHIEVING THE ELITE RANK OF EAGLE SCOUT, AND TO WISH HIM EVERY SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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

H. 5182 (Word version) -- Reps. Jefferson and Kennedy: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND IOLA PRINGLE WILLIAMS, OF BERKELEY COUNTY, FOR THE VITAL ROLE SHE CONTINUES TO HAVE ON THE PRINGLETOWN COMMUNITY, AND TO WISH HER WELL UPON THE OCCASION OF HER EIGHTY-EIGHTH BIRTHDAY.

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

REPORTS OF STANDING COMMITTEES

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

H. 3176 (Word version) -- Rep. W.D. Smith: A BILL TO AMEND SECTION 61-6-4550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON OFFERING DISCOUNT PRICES FOR THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AT CERTAIN TIMES, SO AS TO ALSO PERMIT DISCOUNT SALES ON ONE FULL DAY OF THE WEEK.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

Ordered for consideration tomorrow.

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

H. 4312 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE.

Ordered for consideration tomorrow.

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

Ordered for consideration tomorrow.

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

H. 4745 (Word version) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E.H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott, Duncan, Cato, Cooper, Dantzler, G.M. Smith, Whipper, R. Brown, Mahaffey, Toole, Herbkersman, Simrill, Littlejohn, Loftis and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT", TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY CREATE AN IMPROVEMENT DISTRICT COMPRISED OF NONCONTIGUOUS PARCELS OF LAND, TO PROVIDE THAT A COUNTY AND MUNICIPALITY MAY USE ASSESSMENTS TO FUND IMPROVEMENTS LOCATED OUTSIDE THE BOUNDARIES OF AN IMPROVEMENT DISTRICT, AND TO ALLOW AN ASSESSMENT TO BE USED FOR THE CONSTRUCTION AND OPERATION OF IMPROVEMENTS TO FUND CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AND IMPROVEMENTS RELATED TO NEW DEVELOPMENT.

Ordered for consideration tomorrow.

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

H. 4900 (Word version) -- Reps. Cato, Gambrell, Bowen, Mitchell, Hiott, J.R. Smith, Kelly, Brady, Walker, Bedingfield, Agnew, Barfield, Battle, Bowers, Clemmons, Gullick, Limehouse, Loftis, Lowe, Mahaffey, Moss, Owens, Pinson, Sandifer, D.C. Smith, Spires, Talley, Toole, White, Hardwick and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 TO TITLE 23 SO AS TO ENACT THE "REDUCED CIGARETTE IGNITION PROPENSITY STANDARDS AND FIREFIGHTER PROTECTION ACT", TO PROVIDE DEFINITIONS FOR TERMS CONTAINED IN THIS ACT, TO PROVIDE THAT CIGARETTES MAY NOT BE SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THEY HAVE BEEN TESTED IN ACCORDANCE WITH CERTAIN TEST METHODS, MET CERTAIN PERFORMANCE STANDARDS, RECEIVED CERTAIN CERTIFICATIONS, AND HAVE BEEN PROPERLY MARKED, TO SPECIFY THE TESTING METHODS AND PERFORMANCE STANDARDS THAT MUST BE MET.

Ordered for consideration tomorrow.

Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

H. 4921 (Word version) -- Reps. Moss, M.A. Pitts, Lowe, Phillips and Pinson: A BILL TO AMEND SECTION 47-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO REVISE THE DEFINITION OF "ANIMAL".

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a majority favorable and Senator HAWKINS a minority unfavorable report on:

H. 5001 (Word version) -- Reps. Owens, Hiott, F.N. Smith, Cotty, Haley, Simrill, Merrill, Spires, M.A. Pitts, Skelton, E.H. Pitts, Bedingfield, Kirsh, Mitchell, Perry, D.C. Smith, J.R. Smith, Erickson, Crawford, Daning, Leach, Ballentine, Bowen, Brantley, Cato, Clemmons, Clyburn, Cobb-Hunter, Dantzler, Duncan, Hamilton, Hardwick, Hosey, Jefferson, Kelly, Lowe, Mack, Moss, J.M. Neal, Rice, Scarborough, Shoopman, G.R. Smith, Taylor, Umphlett, Vick, Walker, White, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED.

Ordered for consideration tomorrow.

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

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1376 (Word version) -- Senators Hayes, Peeler, Gregory and Short: 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 ADD 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.

By prior motion of Senator HAYES, with unanimous consent

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

S. 1392 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADVANCED PLACEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Joint Resolution.

S. 1395 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3192, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

MINORITY REPORT REMOVED

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G.R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

Senator HUTTO asked unanimous consent to remove the minority report from the Bill.

There was no objection and the appropriate notation was made on the Bill.

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

MOTION TO REQUEST RETURN FROM THE HOUSE
TABLED

H. 4328 (Word version) -- Reps. Harrison, Delleney, Haskins, G.M. Smith, Cotty, McLeod and Hart: A BILL TO AMEND CHAPTER 23, TITLE 1, OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES, TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT SHALL HAVE A SEAL, TO PROVIDE FOR ENFORCEMENT OR RELIEF FROM AN AGENCY SUBPOENA, TO PROVIDE THAT THE CODE OF JUDICIAL CONDUCT SERVES AS THE SOLE GROUNDS FOR DISCIPLINE OF ADMINISTRATIVE LAW JUDGES, TO ALLOW ADMINISTRATIVE LAW JUDGES AND SPOUSES TO ACCEPT INVITATIONS TO CERTAIN JUDICIAL-RELATED FUNCTIONS, AND TO PROVIDE THAT CONTESTED CASES WILL BE HEARD AT THE PRINCIPAL OFFICES OR AT ANOTHER SUITABLE LOCATION UNDER CERTAIN CIRCUMSTANCES.
(Abbreviated Title.)

Senator LEVENTIS spoke on the Bill.

Senator LEVENTIS moved that the Bill be returned from the House.

Senator MARTIN spoke on the motion.

Senator MARTIN moved to lay the motion on the table.

The motion to request the return of the Bill from the House was laid on the table.

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

Expression of Personal Interest

Senator MARTIN rose for an Expression of Personal Interest.

RECESS

At 11:38 A.M., on motion of Senators FORD and MARTIN, the Senate receded from business.

At 11:50 A.M., the Senate resumed.

OBJECTION

Senator MARTIN asked unanimous consent to make a motion to take up for immediate consideration H. 3159 and subsequently H. 4058.

Senator BRYANT objected.

OBJECTION

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G.R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.

Senator HAWKINS objected.

OBJECTION

H. 4058 (Word version) -- Reps. Sandifer, Leach, Bedingfield, Cato, Chellis, Ott, Owens, Whitmire, Parks, Howard and J.H. Neal: A BILL TO AMEND CHAPTER 7 OF TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO CONFORM THE PROVISIONS TO REFLECT THAT THE PREVIOUS POWERS AND DUTIES OF THE STATE BOARD OF FINANCIAL INSTITUTIONS RELATING TO THOSE CONTRACTS HAS BEEN TRANSFERRED TO THE DEPARTMENT OF CONSUMER AFFAIRS, TO PROVIDE FOR A CONTESTED CASE HEARING BEFORE THE REVOCATION OR SUSPENSION OF A LICENSE FOR VIOLATION OF THE CHAPTER, TO PROVIDE FOR ADMINISTRATIVE PENALTIES, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 40-19-290, AS AMENDED, RELATING TO LICENSED EMBALMERS AND FUNERAL DIRECTORS RECEIVING PAYMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO CHANGE "STATE BOARD OF FINANCIAL INSTITUTIONS" TO "SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS".

Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.

Senator BRYANT objected.

RECESS

At 11:55 A.M., on motion of Senator MARTIN, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Elections

At 12:00 Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of Concurrent Resolutions adopted by both Houses

Election to the Position of Judge, Court of Appeals, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Court of Appeals, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable John D. Geathers, the Honorable Robert N. Jenkins and the Honorable Alison Renee Lee had been screened and found qualified to serve.

On motion of Representative Delleney, the name of the Honorable Alison Renee Lee was withdrawn from consideration.

On motion of Representative Delleney, the names of John D. Geathers and Robert N. Jenkins were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Judge Geathers:

Alexander              Bryant                 Campbell
Campsen                Ceips                  Cleary
Courson                Cromer                 Gregory
Hawkins                Hutto                  Knotts
Leatherman             Lourie                 Malloy
Martin                 Massey                 McConnell
McGill                 Peeler                 Rankin
Ritchie                Ryberg                 Setzler
Sheheen                Short                  Williams


Total--27

The following named Senators voted for Judge Jenkins:

Anderson               Drummond               Elliott
Fair                   Ford                   Hayes
Jackson                Land                   Leventis
Matthews               Patterson              Pinckney
Reese                  Scott                  Thomas
Vaughn                 Verdin

Total--17

On motion of Rep. Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Judge Geathers:

Agnew                  Alexander              Anderson
Anthony                Barfield               Battle
Bedingfield            Bingham                Bowen
Brown, G.              Cato                   Clemmons
Cobb-Hunter            Cotty                  Crawford
Dantzler               Duncan                 Edge
Erickson               Funderburk             Gambrell
Hagood                 Haley                  Hardwick
Harrell                Harrison               Hart
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Kelly                  Kennedy
Kirsh                  Leach                  Loftis
Lowe                   Lucas                  Merrill
Moss                   Mulvaney               Neal, J.H.
Neilson                Ott                    Owens
Perry                  Pitts, E.H.            Pitts, M.A.
Sandifer               Shoopman               Skelton
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Spires                 Stavrinakis
Stewart                Talley                 Thompson
Toole                  Umphlett               Vick
Walker                 Whipper                White
Whitmire               Witherspoon            Young


Total--75

The following named Representatives voted for Judge Jenkins:

Allen                  Bales                  Ballentine
Bannister              Brantley               Breeland
Brown, R.              Chalk                  Clyburn
Coleman                Daning                 Davenport
Delleney               Frye                   Govan
Jefferson              Jennings               Knight
Limehouse              Littlejohn             Mack
Mahaffey               McLeod                 Miller
Mitchell               Moody-Lawrence         Neal, J.M.
Parks                  Phillips               Pinson
Rice                   Rutherford             Scarborough
Scott                  Sellers                Simrill
Smith, F.N.            Smith, G.R.            Smith, J.E.
Taylor                 Weeks                  Williams


Total--45

RECAPITULATION

Total number of Senators voting   44
Total number of Representatives voting   120
Grand Total   164
Necessary to a choice   83
Of which Judge Geathers received   102
Of which Judge Jenkins received   62

Whereupon, the PRESIDENT announced that the Honorable John D. Geathers was elected Judge, Court of Appeals, Seat #3 for the term prescribed by law.

Election to the Position of Judge, Court of Appeals, Seat #9

The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Court of Appeals, Seat #9.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable J. Mark Hayes II, Ms. J. Rene Josey and the Honorable James E. Lockemy had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Ms. J. Rene Josey was withdrawn from consideration.

On motion of Representative Delleney, the names of Judge J. Mark Hayes II and Judge James E. Lockemy were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Judge Hayes:

Anderson               Bryant                 Courson
Fair                   Hawkins                Lourie
Peeler                 Reese                  Ritchie
Ryberg                 Vaughn                 Verdin


Total--12

The following named Senators voted for Judge Lockemy:

Alexander              Campbell               Campsen
Ceips                  Cleary                 Cromer
Drummond               Elliott                Ford
Gregory                Hayes                  Hutto
Jackson                Knotts                 Land
Leatherman             Leventis               Malloy
Martin                 Massey                 Matthews
McConnell              McGill                 O'Dell
Patterson              Pinckney               Rankin
Scott                  Setzler                Sheheen
Short                  Williams

Total--32

On motion of Rep. Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Judge Hayes:

Allen                  Anthony                Bales
Ballentine             Bannister              Bowen
Brown, R.              Cato                   Chalk
Cobb-Hunter            Coleman                Cotty
Duncan                 Govan                  Hagood
Herbkersman            Hiott                  Kelly
Leach                  Limehouse              Littlejohn
Mahaffey               Mitchell               Moody-Lawrence
Moss                   Neal, J.H.             Owens
Parks                  Perry                  Phillips
Pitts, E.H.            Pitts, M.A.            Rutherford
Shoopman               Skelton                Smith, D.C.
Smith, F.N.            Smith, G.R.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Stewart
Talley                 Taylor                 Walker
White

Total--49

The following named Representatives voted for Judge Lockemy:

Agnew                  Alexander              Anderson
Barfield               Battle                 Bedingfield
Branham                Brantley               Breeland
Brown, G.              Clemmons               Clyburn
Cooper                 Crawford               Daning
Dantzler               Delleney               Edge
Erickson               Frye                   Funderburk
Gambrell               Gullick                Haley
Hardwick               Harrison               Harvin
Hayes                  Hodges                 Hosey
Howard                 Huggins                Hutson
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Loftis
Lowe                   Lucas                  Mack
McLeod                 Merrill                Miller
Mulvaney               Neal, J.M.             Neilson
Ott                    Pinson                 Rice
Sandifer               Scarborough            Scott
Sellers                Simrill                Smith, G.M.
Spires                 Stavrinakis            Thompson
Toole                  Umphlett               Vick
Weeks                  Whipper                Whitmire
Williams               Witherspoon            Young


Total--72

RECAPITULATION

Total number of Senators voting   44
Total number of Representatives voting   121
Grand Total   165
Necessary to a choice   83
Of which Judge Hayes received   61
Of which Judge Lockemy received   104

Whereupon, the PRESIDENT announced that the Honorable James E. Lockemy was elected Judge, Court of Appeals, Seat #9 for the term prescribed by law.

Election to the Position of Judge, Family Court, 13th Judicial Circuit, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position of Judge, Family Court, 13th Judicial Circuit, Seat #3.

Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that Mr. Alex Kinlaw, Jr., Mr. W. Marsh Robertson and Ms. Letitia H. Verdin had been screened and found qualified to serve.

On motion of Representative Delleney, the names of Mr. Alex Kinlaw and Mr. W. Marsh Robertson were withdrawn from consideration.

On motion of Representative Delleney, the name of Ms. Letitia H. Verdin was placed in nomination.

Senator ALEXANDER moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Letitia H. Verdin was elected Judge, Family Court, 13th Judicial Circuit, Seat #3 for the term prescribed by law.

Immediately following the Elections of Successors to the Judiciary, the Joint Assembly proceeded to the Elections of Successors to the Public Service Commission.

Election to the Public Service Commission, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Public Service Commission, Seat #1.

Senator ALEXANDER, on behalf of the Committee to Screen Candidates for State Regulation of Public Utilities Review Committee indicated that Mr. John E. Howard and Mr. Frank Harrington McKnight had been screened and found qualified to serve.

On motion of Senator ALEXANDER, with unanimous consent, the name of Mr. Frank Harrington was withdrawn from consideration.

Senator ALEXANDER placed the name of Mr. John E. Howard in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John E. Howard was elected to a position on the Public Service Commission, Seat #1 for the term prescribed by law.

Election to the Public Service Commission, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Public Service Commission, Seat #3.

Senator ALEXANDER, on behalf of the Committee to Screen Candidates for State Regulation of Public Utilities Review Committee indicated that Ms. Nancy Sherer Campbell and Mr. Randy Mitchell had been screened and found qualified to serve.

On motion of Senator ALEXANDER, the name of Ms. Nancy Sherer Campbell was withdrawn from consideration.

On motion of Senator ALEXANDER, the name of Mr. Randy Mitchell was placed in nomination.

Senator ALEXANDER moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Randy Mitchell was elected to a position on the Public Service Commission, Seat #3 for the term prescribed by law.

Election to the Public Service Commission, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Public Service Commission, Seat #5.

Senator ALEXANDER, on behalf of the Committee to Screen Candidates for State Regulation of Public Utilities Review Committee indicated that Mr. G. O'Neal Hamilton and Mr. Benjamin Paul Knott, Jr. had been screened and found qualified to serve.

On motion of Senator ALEXANDER, the names of Mr. G. O'Neal Hamilton and Mr. Benjamin Paul Knott, Jr. were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Hamilton:

Alexander              Anderson               Bryant
Campbell               Campsen                Ceips
Cleary                 Courson                Cromer
Drummond               Elliott                Fair
Ford                   Gregory                Hawkins
Hutto                  Jackson                Knotts
Land                   Leatherman             Leventis
Lourie                 Malloy                 Martin
Massey                 Matthews               McConnell
McGill                 O'Dell                 Patterson
Peeler                 Pinckney               Rankin
Reese                  Ritchie                Ryberg
Scott                  Setzler                Sheheen
Short                  Thomas                 Vaughn
Verdin                 Williams

Total--44

The following named Senator voted for Mr. Knott:

Hayes

Total--1

On motion of Rep. Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Hamilton:

Agnew                  Alexander              Allen
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brantley               Breeland               Brown, G.
Brown, R.              Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Daning                 Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Govan
Hagood                 Haley                  Hardwick
Harrell                Harrison               Hart
Harvin                 Hayes                  Herbkersman
Hiott                  Hodges                 Hosey
Howard                 Huggins                Hutson
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         Moss                   Mulvaney
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
Pitts, E.H.            Pitts, M.A.            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Shoopman
Skelton                Smith, D.C.            Smith, G.M.
Smith, G.R.            Smith, J.E.            Smith, J.R.
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Walker                 Weeks                  Whipper
White                  Whitmire               Williams
Witherspoon            Young

Total--116

The following named Representatives voted for Mr. Knott:

Gullick                Simrill

Total--2

RECAPITULATION

Total number of Senators voting   45
Total number of Representatives voting   118
Grand Total   163
Necessary to a choice   82
Of which Mr. Hamilton received   160
Of which Mr. Knott received   3

Senator ALEXANDER moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable G. O'Neal Hamilton was elected to a position on the Public Service Commission, Seat #5 for the term prescribed by law.

Election to the Public Service Commission, At-Large Position

The PRESIDENT announced that nominations were in order to elect a successor to an at-large position on the Public Service Commission.

Senator ALEXANDER, on behalf of the Committee to Screen Candidates for State Regulation of Public Utilities Review Committee indicated that Mr. Frank Harrington McKnight and Mr. Swain Edgar Whitfield had been screened and found qualified to serve.

On motion of Senator ALEXANDER, the name of Mr. Frank Harrington McKnight was withdrawn from consideration.

On motion of Senator ALEXANDER, the name of Mr. Swain Edgar Whitfield was placed in nomination.

Senator ALEXANDER moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Swain Edgar Whitfield was elected to a position on the Public Service Commission, At-Large position for the term prescribed by law.

Immediately following the Elections to Successors to the Judiciary, the Joint Assembly proceeded to the Elections of Successors to Boards of Trustees of State Colleges and Universities.

Election of Successors to Boards of Trustees
of State Colleges and Universities

The PRESIDENT announced that elections were in order to elect successors to Boards of Trustees of State Colleges and Universities.

Election to the Board of Trustees for the
College of Charleston, 1st Congressional District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 1st Congressional District, Seat #2.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. L. Cherry Daniel had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Ms. L. Cherry Daniel was placed in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable L. Cherry Daniel was elected to a position on the Board of Trustees for the College of Charleston, 1st Congressional District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 2nd Congressional District, Seat #4.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. G. Lee Mikell had been screened and found qualified to serve.

On motion of Representative Delleney, the name of G. Lee Mikell was placed in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable G. Lee Mikell was elected to a position on the Board of Trustees for the College of Charleston from the 2nd Congressional District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 3rd Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 3rd Congressional District, Seat #6.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. J. Philip Bell had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Philip Bell was elected to a position on the Board of Trustees for the College of Charleston, 3rd Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat #8.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Lawrence R. Miller had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Lawrence R. Miller was elected to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 5th Congressional District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat #10.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. W. Dwight Johnson had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable W. Dwight Johnson was elected to a position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, 6th Congressional District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat #12.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Marie M. Land had been screened and found qualified to serve.

Representative Delleney placed her name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marie M. Land was elected to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for the
College of Charleston, At-Large Position, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, At-Large Position, Seat #14.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James F. Hightower had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James F. Hightower was elected to a position on the Board of Trustees for the College of Charleston, At-Large Position, Seat #14 for the term prescribed by law.

Election to an At-Large Position
on the Board of Trustees for The Citadel

The PRESIDENT announced that nominations were in order to elect a successor to an At-Large position on the Board of Trustees for The Citadel.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Douglas A. Snyder had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Douglas A. Snyder was elected to a position on the Board of Trustees for The Citadel, At-Large position for the term prescribed by law.

Election to an At-Large Position
on the Board of Trustees for The Citadel

The PRESIDENT announced that nominations were in order to elect a successor to an At-Large position on the Board of Trustees for The Citadel.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Ben. Legare had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ben Legare was elected to a position on the Board of Trustees for The Citadel, At-Large position for the term prescribed by law.

Election to Three At-Large Positions
on the Board of Trustees for Clemson University

The PRESIDENT announced that nominations were in order to elect a successor to the three At-Large positions on the Board of Trustees for Clemson University.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Louis B. Lynn, Mr. Lucian Norton, Jr., Mr. Bob Peeler, Mr. Hunter C. Platt and Mr. William C. Smith, Jr. had been screened and found qualified to serve.

On motion of Representative Delleney, with unanimous consent, the name of Mr. Hunter C. Platt was withdrawn from consideration

Representative Delleney placed the names of Mr. Louis B. Lynn, Mr. Lucian Norton, Jr., Mr. Bob Peeler and Mr. William C. Smith, Jr. in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Lynn:

Alexander              Anderson               Bryant
Campbell               Campsen                Ceips
Cleary                 Courson                Cromer
Drummond               Elliott                Fair
Ford                   Gregory                Hawkins
Hayes                  Hutto                  Jackson
Knotts                 Land                   Leatherman
Leventis               Lourie                 Malloy
Martin                 Massey                 Matthews
McConnell              McGill                 O'Dell
Patterson              Peeler                 Pinckney
Rankin                 Reese                  Ritchie
Ryberg                 Scott                  Setzler
Sheheen                Short                  Thomas
Vaughn                 Verdin                 Williams


Total--45

The following named Senators voted for Mr. Norton:

Total--0

The following named Senators voted for Mr. Peeler:

Alexander              Anderson               Bryant
Campbell               Campsen                Ceips
Cleary                 Courson                Cromer
Drummond               Elliott                Fair
Ford                   Gregory                Hawkins
Hayes                  Hutto                  Jackson
Knotts                 Land                   Leatherman
Lourie                 Malloy                 Martin
Massey                 Matthews               McConnell
McGill                 O'Dell                 Patterson
Peeler                 Pinckney               Rankin
Reese                  Ritchie                Ryberg
Scott                  Setzler                Sheheen
Short                  Thomas                 Vaughn
Verdin                 Williams

Total--44

The following named Senators voted for Mr. Smith:

Alexander              Anderson               Bryant
Campbell               Campsen                Ceips
Cleary                 Courson                Cromer
Drummond               Elliott                Fair
Ford                   Gregory                Hawkins
Hayes                  Hutto                  Jackson
Knotts                 Land                   Leatherman
Leventis               Lourie                 Malloy
Martin                 Massey                 Matthews
McConnell              McGill                 O'Dell
Patterson              Peeler                 Pinckney
Rankin                 Reese                  Ritchie
Ryberg                 Scott                  Setzler
Sheheen                Short                  Thomas
Vaughn                 Verdin                 Williams


Total--45

On motion of Rep. Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Lynn:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Branham                Brantley               Breeland
Brown, G.              Brown, R.              Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Daning
Dantzler               Davenport              Delleney
Duncan                 Edge                   Erickson
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Hutson                 Jefferson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Miller
Mitchell               Moody-Lawrence         Moss
Mulvaney               Neal, J.H.             Neal, J.M.
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
Pitts, E.H.            Pitts, M.A.            Rice
Rutherford             Sandifer               Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                Smith, D.C.
Smith, F.N.            Smith, G.R.            Smith, J.R.
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young


Total--117

The following named Representatives voted for Mr. Norton:

Barfield

Total--1

The following named Representatives voted for Mr. Peeler:

Alexander              Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Battle                 Bedingfield
Bingham                Bowen                  Bowers
Breeland               Brown, G.              Brown, R.
Cato                   Chalk                  Clemmons
Clyburn                Coleman                Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Hart
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         Moss                   Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 Pitts, E.H.            Pitts, M.A.
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, G.R.            Smith, J.R.            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vick                   Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Williams
Witherspoon            Young

Total--113

The following named Representatives voted for Mr. Smith:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Branham                Brantley               Breeland
Brown, G.              Brown, R.              Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Cotty
Crawford               Daning                 Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Hutson                 Jefferson
Jennings               Kelly                  Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Miller                 Mitchell
Moody-Lawrence         Moss                   Mulvaney
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 Pitts, E.H.
Pitts, M.A.            Rice                   Rutherford
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, G.R.            Smith, J.R.
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
White                  Whitmire               Williams
Witherspoon            Young

Total--116

RECAPITULATION

Total number of Senators voting   45
Total number of Representatives voting   121
Grand Total   166
Necessary to a choice   84
Of which Mr. Lynn received   162
Of which Mr. Norton received   1
Of which Mr. Peeler received   157
Of which Mr. Smith received   161

Whereupon, the PRESIDENT announced that the Honorable Louis B. Lynn, the Honorable Bob Peeler and the Honorable William C. Smith, Jr. were elected to the three At-Large positions on the Board of Trustees for Clemson University for the terms prescribed by law.

Election to the Board of Trustees for
Coastal Carolina University, 2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Coastal Carolina University, 2nd Congressional District, Seat #4.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert Templeton and Ms. Walda Wildman had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Ms. Walda Wildman was withdrawn.

Representative Delleney placed the name of Mr. Robert Templeton in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert Templeton was elected to a position on the Board of Trustees for Coastal Carolina University, 2nd Congressional District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 1st Congressional District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 1st Congressional District, Seat #2.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Melissa Johnson Emery had been screened and found qualified to serve.

Representative Delleney placed her name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Melissa Johnson Emery was elected to a position on the Board of Trustees for Francis Marion University, 1st Congressional District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 2nd Congressional District, Seat #4.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Gail Ness Richardson had been screened and found qualified to serve.

Representative Delleney placed her name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gail Ness Richardson was elected to a position on the Board of Trustees for Francis Marion University, 2nd Congressional District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 2nd Congressional District, Seat #3

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 2nd Congressional District, Seat #3.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Laura E. Stroman had been screened and found qualified to serve.

Representative Delleney placed her name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Laura E. Stroman was elected to a position on the Board of Trustees for Francis Marion University, 2nd Congressional District, Seat #3 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 3rd Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 3rd Congressional District, Seat #6.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Patricia C. Hartung had been screened and found qualified to serve.

Representative Delleney placed her name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Patricia C. Hartung was elected to a position on the the Board of Trustees for Francis Marion University, 3rd Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 4th Congressional District, Seat #8.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Brad Boles had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Brad Boles was elected to a position on the Board of Trustees for Francis Marion University, 4th Congressional District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 5th Congressional District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 5th Congressional District, Seat #10.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. George C. McIntyre had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable George C. McIntyre was elected to a position on the Board of Trustees for Francis Marion University, 5th Congressional District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, 6th Congressional District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, 6th Congressional District, Seat #12.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William W. Coleman, Jr. had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William W. Coleman, Jr. was elected to a position on the Board of Trustees for Francis Marion University, 6th Congressional District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for
Francis Marion University, At-Large Position, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University, At-Large position, Seat #14.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Timothy F. Norwood had been screened and found qualified to serve.

Representative Delleney placed his name in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Timothy F. Norwood was elected to a position on the Board of Trustees for Francis Marion University, At-Large position, Seat #14 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, 2nd Congressional District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 2nd Congressional District, Seat #4.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. George R. Starnes had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable George R. Starnes was elected to a position on the Board of Trustees for Lander University, 2nd Congressional District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, 3rd Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 3rd Congressional District, Seat #6.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Linda Dolney had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Linda Dolney was elected to a position on the Board of Trustees for Lander University, 3rd Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, 4th Congressional District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 4th Congressional District, Seat #8.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Jack W. Lawrence had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jack W. Lawrence was elected to a position on the Board of Trustees for Lander University, 4th Congressional District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, 5th Congressional District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 5th Congressional District, Seat #10.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. S. Anne Walker had been screened and found qualified to serve and placed her name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable S. Anne Walker was elected to a position on the Board of Trustees for Lander University, 5th Congressional District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, 6th Congressional District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 6th Congressional District, Seat #12.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Catherine K. Lee had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Catherine K. Lee was elected to a position on the Board of Trustees for Lander University, 6th Congressional District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for
Lander University, At-Large Position, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, At-Large position, Seat #14.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Ann B. Bowen had been screened and found qualified to serve and placed her name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ann B. Bowen was elected to a position on the Board of Trustees for Lander University, At-Large position, Seat #14 for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
1st Congressional District, Non-medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a non-medical position on the Board of Trustees for the Medical University of South Carolina University, 1st Congressional District.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Melvyn Berlinsky and Mr. George Tempel had been screened and found qualified to serve and placed his name in nomination.

On motion of Representative Delleney, the name of Mr. George Tempel was withdrawn from consideration.

On motion of Representative Delleney, the name of Mr. Melvyn Berlinsky was placed in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Melvyn Berlinsky was elected to a non-medical position on the Board of Trustees for the Medical University of South Carolina, 1st Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
2nd Congressional District, Non-medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a non-medical position on the Board of Trustees for the Medical University of South Carolina, 2nd Congressional District.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William H. Bingham, Sr. had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William H. Bingham, Sr. was elected to a non-medical position on the Board of Trustees for the Medical University of South Carolina, 2nd Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
3rd Congressional District, Non-medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a non-medical position on the Board of Trustees for the Medical University of South Carolina, 3rd Congressional District.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Charles W. Schulz had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Charles W. Schulz was elected to a non-medical position on the Board of Trustees for The Medical University of South Carolina, 3rd Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
4th Congressional District, Medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a medical position on the Board of Trustees for the Medical University of South Carolina, 4th Congressional District.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Charles B. Thomas, Jr. had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Charles B. Thomas, Jr. was elected to a medical position on the Board of Trustees for the Medical University of South Carolina, 4th Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
5th Congressional District, Medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a medical position on the Board of Trustees for the Medical University of South Carolina, 5th Congressional District.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Cotesworth P. Fishburne, Jr. had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Cotesworth P. Fishburne, Jr. was elected to a medical position on the Board of Trustees for the Medical University of South Carolina, 5th Congressional District for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
6th Congressional District, Medical Position

The PRESIDENT announced that nominations were in order to elect a successor to a medical position on the Board of Trustees for the Medical University of South Carolina, 6th Congressional District.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. E. Conyers O'Bryan, Jr. had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable E. Conyers O'Bryan, Jr. was elected to a medical position on the Board of Trustees for the Medical University of South Carolina, 6th Congressional District for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University
At-Large, Seat #7

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, at-large position, Seat #7.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John Dublin, Mr. Bryan S. Jeffries, Mr. Leslie McIver, Sr., Mr. Robert M. Nance, Mr. Rico Montell Snell, Mr. L. B. Spearman and Ms. Dianne Talley had been screened and found qualified to serve and placed their names in nomination.

On motion of Representative Delleney, the names of Mr. Leslie McIver, Sr. and Mr. John Dublin were withdrawn from consideration.

On motion of Representative Delleney, the names of Mr. Bryan S. Jeffries, Mr. Robert M. Nance, Mr. Rico Montell Snell, Mr. L. B. Spearman and Ms. Dianne Talley were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Jeffries:

Total--0

The following named Senators voted for Mr. Nance:

Alexander              Anderson               Bryant
Campbell               Campsen                Ceips
Cleary                 Courson                Cromer
Drummond               Elliott                Fair
Ford                   Hawkins                Hayes
Hutto                  Jackson                Knotts
Land                   Leatherman             Leventis
Lourie                 Malloy                 Martin
Massey                 Matthews               McConnell
McGill                 O'Dell                 Patterson
Peeler                 Pinckney               Rankin
Reese                  Scott                  Setzler
Sheheen                Short                  Vaughn
Verdin                 Williams

Total--41

The following named Senators voted for Mr. Snell:

Total--0

The following named Senators voted for Mr. Spearman:

Total--0

The following named Senators voted for Ms. Talley:

Total--0

On motion of Rep. Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Jeffries:

Total--0

The following named Representatives voted for Mr. Nance:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brantley               Breeland               Brown, G.
Brown, R.              Cato                   Chalk
Clemmons               Clyburn                Coleman
Cooper                 Cotty                  Daning
Dantzler               Davenport              Delleney
Duncan                 Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Hayes                  Herbkersman            Hiott
Hodges                 Howard                 Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Miller                 Mitchell               Moody-Lawrence
Moss                   Neal, J.H.             Neilson
Ott                    Parks                  Perry
Pinson                 Pitts, E.H.            Pitts, M.A.
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, G.R.            Smith, J.R.            Spires
Stavrinakis            Stewart                Taylor
Thompson               Toole                  Umphlett
Vick                   Viers                  Walker
Weeks                  Whipper                White
Whitmire               Williams               Witherspoon
Young

Total--109

The following named Representatives voted for Mr. Snell:

Ballentine

Total--1

The following named Representatives voted for Mr. Spearman:

Total--0

The following named Representatives voted for Ms. Talley:

Total--0

RECAPITULATION

Total number of Senators voting   41
Total number of Representatives voting   110
Grand Total   151
Necessary to a choice   76
Of which Mr. Jeffries received   0
Of which Mr. Nance received   150
Of which Mr. Snell received   1
Of which Mr. Spearman received   0
Of which Ms. Talley received   0

Whereupon, the PRESIDENT announced that the Honorable Robert M. Nance was elected to a position on the Board of Trustees for South Carolina State University, At-large position, Seat #7 for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University, At-Large Position, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, At-Large position, Seat #11.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Walter L. Tobin had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Mr. Walter L. Tobin was placed in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Walter L. Tobin was elected to a position on the Board of Trustees for South Carolina State University, At-Large position, Seat #11 for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University, At-Large Position, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University, At-Large position, Seat #12.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Sky Foster, Mr. Ronald Henagan and Mr. Lancelot D. Wright had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Mr. Ronald Henagan was withdrawn from consideration.

Representative Delleney placed the names of Ms. Sky Foster and Mr. Lancelot D. Wright in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Foster:

Bryant                 Campsen                Fair
Peeler                 Short                  Vaughn
Verdin                 Williams

Total--8

The following named Senators voted for Mr. Wright:

Alexander              Anderson               Campbell
Ceips                  Cleary                 Courson
Cromer                 Drummond               Elliott
Ford                   Gregory                Hawkins
Hayes                  Hutto                  Jackson
Knotts                 Land                   Leatherman
Leventis               Lourie                 Malloy
Martin                 Massey                 Matthews
McConnell              McGill                 O'Dell
Patterson              Pinckney               Rankin
Reese                  Scott                  Setzler
Sheheen

Total--34

On motion of Rep. Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Foster:

Agnew                  Allen                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Cato
Cobb-Hunter            Cooper                 Davenport
Duncan                 Gambrell               Hagood
Harrell                Hiott                  Kelly
Kirsh                  Knight                 Lowe
Mahaffey               Moss                   Mulvaney
J. M. Neal             Owens                  Phillips
Pinson                 M. A. Pitts            Rice
Sandifer               Shoopman               Skelton
F. N. Smith            G. R. Smith            Talley
Taylor                 Walker                 White
Whitmire               Young

Total--41

The following named Representatives voted for Mr. Wright:

Alexander              Anderson               Bales
Branham                Brantley               Breeland
G. Brown               R. Brown               Chalk
Clemmons               Clyburn                Coleman
Cotty                  Daning                 Dantzler
Delleney               Edge                   Erickson
Frye                   Funderburk             Govan
Gullick                Haley                  Hardwick
Hart                   Harvin                 Herbkersman
Hodges                 Howard                 Huggins
Hutson                 Jefferson              Jennings
Leach                  Limehouse              Lucas
Mack                   McLeod                 Merrill
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             Neilson                Ott
Parks                  Perry                  E. H. Pitts
Rutherford             Scarborough            Scott
Sellers                Simrill                D. C. Smith
G. M. Smith            J. R. Smith            Spires
Stewart                Thompson               Toole
Umphlett               Viers                  Weeks
Whipper                Williams               Witherspoon

Total--69

RECAPITULATION

Total number of Senators voting   42
Total number of Representatives voting   110
Grand Total   152
Necessary to a choice   77
Of which Ms. Foster received   49
Of which Mr. Wright received   103

Whereupon, the PRESIDENT announced that the Honorable Lancelot D. Wright was elected to a position on the Board of Trustees for South Carolina State University, At-Large position, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 2nd Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 2nd Judicial Circuit.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Miles Loadholt had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Miles Loadholt was elected to a position on the Board of Trustees for the University of South Carolina, 2nd Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 4th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 4th Judicial Circuit.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Eugene P. Warr had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Eugene P. Warr was elected to a position on the Board of Trustees for the University of South Carolina, 4th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 6th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 6th Judicial Circuit.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James Bradley had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James Bradley was elected to a position on the Board of Trustees for the University of South Carolina, 6th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 8th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 8th Judicial Circuit.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Herbert C. Adams had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Herbert C. Adams was elected to a position on the Board of Trustees for the University of South Carolina, 8th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 10th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 10th Judicial Circuit.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Chuck Allen had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Chuck Allen was elected to a position on the Board of Trustees for the University of South Carolina, 10th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 14th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 14th Judicial Circuit.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William W. Jones, Jr. had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William W. Jones, Jr. was elected to a position on the Board of Trustees for the University of South Carolina, 14th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 15th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 15th Judicial Circuit.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. M. Wayne Staton, Mr. J. Egerton Burroughs and Ms. Phyllis Nye had been screened and found qualified to serve.

On motion of Representative Delleney, with unanimous consent, the names of Mr. M. Wayne Station and Ms. Phyllis Nye were withdrawn from consideration.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Egerton Burroughs was elected to a position on the Board of Trustees for the University of South Carolina, 15th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for the
University of South Carolina, 16th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina, 16th Judicial Circuit.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Sam R. Foster II had been screened and found qualified to serve and placed his name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Sam R. Foster II was elected to a position on the Board of Trustees for the University of South Carolina, 16th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the Wil Lou Gray Opportunity School

The PRESIDENT announced that nominations were in order to elect successors to three At-Large positions on the Board of Trustees for the Wil Lou Gray Opportunity School.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Bryan England, Ms. M. "Frankie" Newman and Ms. Doris Adams had been screened and found qualified to serve and placed their names in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that the Honorable Mr. Bryan England, Ms. M. "Frankie" Newman and Ms. Doris Adams were elected to the three positions on the Board of Trustees for the Wil Lou Gray Opportunity School, At-Large positions for the terms prescribed by law.

Election to the Board of Trustees for
Winthrop University, 6th Congressional District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 6th Congressional District, Seat #6.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Karl A. Folkens had been screened and found qualified to serve and placed her name in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Karl A. Folkens was elected to a position on the Board of Trustees for Winthrop University, 6th Congressional District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for
Winthrop University, At-Large Position, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, At-Large position, Seat #8.

Representative Delleney, on behalf of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert L. Thompson and Ms. Connie M. Long had been screened and found qualified to serve.

On motion of Representative Delleney, the name of Ms. Connie M. Long was withdrawn from consideration.

On motion of Representative Delleney, the name of Mr. Robert L. Thompson was placed in nomination.

Representative Delleney moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert L. Thompson was elected to a position on the Board of Trustees for Winthrop University, At-Large position, Seat #8 for the term prescribed by law.

Immediately following the Elections of Successors to the Boards of Trustees of State Colleges and Universities, the Joint Assembly proceeded to the Elections of Successors to the Employment Security Commission.

Election to the Three Positions on the Employment Security Commission

The PRESIDENT announced that nominations were in order to elect successors to three positions on the Employment Security Commission.

Senator O'DELL, on behalf of the Committee to Screen Candidates for the Employment Security Commission indicated that Mr. George Martin Arnold, Mr. Joseph Leroy Grant, Jr., Mr. William John McLeod, Ms. Rebecca Meacham Richardson and Mr. McKinley Washington, Jr. had been screened and found qualified to serve.

On motion of Senator O'DELL, the name of Mr. George Martin Arnold, Mr. Joseph Leroy Grant, Jr., Mr. William John McLeod, Ms. Rebecca Meacham Richardson and Mr. McKinley Washington, Jr. were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Arnold:

Total--0

The following named Senators voted for Mr. Grant:

Total--0

The following named Senators voted for Mr. McLeod:

Alexander              Anderson               Campbell
Campsen                Ceips                  Cleary
Cromer                 Elliott                Fair
Ford                   Hayes                  Hutto
Jackson                Knotts                 Land
Leatherman             Leventis               Lourie
Malloy                 Martin                 Massey
Matthews               McConnell              McGill
O'Dell                 Patterson              Peeler
Pinckney               Rankin                 Reese
Scott                  Setzler                Sheheen
Short                  Vaughn                 Williams


Total--36

The following named Senators voted for Ms. Richardson:

Alexander              Anderson               Campbell
Campsen                Ceips                  Cleary
Cromer                 Elliott                Fair
Ford                   Hayes                  Hutto
Jackson                Knotts                 Land
Leatherman             Leventis               Lourie
Malloy                 Martin                 Massey
Matthews               McConnell              McGill
O'Dell                 Patterson              Peeler
Pinckney               Rankin                 Reese
Scott                  Setzler                Sheheen
Short                  Vaughn                 Williams


Total--36

The following named Senators voted for Mr. Washington:

Alexander              Anderson               Campbell
Campsen                Ceips                  Cleary
Cromer                 Elliott                Fair
Ford                   Hayes                  Hutto
Jackson                Knotts                 Land
Leatherman             Leventis               Lourie
Malloy                 Martin                 Massey
Matthews               McConnell              McGill
O'Dell                 Patterson              Peeler
Pinckney               Rankin                 Reese
Scott                  Setzler                Sheheen
Short                  Vaughn                 Williams


Total--36

On motion of Rep. Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Arnold:

Total--0

The following named Representatives voted for Mr. Grant:

Total--0

The following named Representatives voted for Mr. McLeod:

Allen                  Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Daning
Dantzler               Davenport              Delleney
Duncan                 Edge                   Erickson
Frye                   Gambrell               Govan
Gullick                Haley                  Hardwick
Harrell                Harrison               Hart
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         Moss                   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. R. Smith
Spires                 Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Viers                  Walker
Weeks                  Whipper                White
Whitmire               Williams               Witherspoon
Young

Total--112

The following named Representatives voted for Ms. Richardson:

Allen                  Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Daning
Dantzler               Davenport              Delleney
Duncan                 Edge                   Erickson
Frye                   Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Hutson                 Jefferson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Leach
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             Scarborough
Scott                  Sellers                Shoopman
Simrill                Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Total--114

The following named Representatives voted for Mr. Washington:

Allen                  Anderson               Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Daning                 Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Frye
Gambrell               Govan                  Hagood
Haley                  Hardwick               Harrell
Hart                   Harvin                 Hayes
Herbkersman            Hodges                 Hosey
Howard                 Huggins                Hutson
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Moody-Lawrence
Moss                   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
J. R. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Total--108

RECAPITULATION

Total number of Senators voting   36
Total number of Representatives voting   114
Grand Total   150
Necessary to a choice   76
Of which Mr. Arnold received   0
Of which Mr. Grant received   0
Of which Mr. McLeod received   148
Of which Ms. Richardson received   150
Of which Mr. Washington received   144

Whereupon, the PRESIDENT announced that the Honorable William John McLeod, the Honorable Rebecca Meacham Richardson and the Honorable McKinley Washington, Jr. were elected to three positions on the Employment Service Commission for the terms prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 1:50 P.M., the Senate resumed.

PRESIDENT Pro Tempore PRESIDES

At 1:50 P.M., Senator McCONNELL assumed the Chair.

RECESS

At 1:51 P.M., on motion of Senator MARTIN, the Senate receded from business until 3:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 3:12 P.M. and was called to order by the PRESIDENT.

Point of Quorum

At 3:13 P.M., Senator McCONNELL made the point that a quorum was not present.

It was ascertained that a quorum was not present.

Call of the Senate

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campbell                  Campsen                   Ceips
Cleary                    Courson                   Cromer
Drummond                  Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Massey
Matthews                  McConnell                 McGill
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Reese
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Thomas
Vaughn                    Verdin                    Williams

A quorum being present, the Senate resumed.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.

S. 799--FREE CONFERENCE POWERS GRANTED
FREE CONFERENCE COMMITTEE APPOINTED
REPORT OF THE COMMITTEE

S. 799 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.

On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator HAYES spoke on the report.

On motion of Senator HAYES, Free Conference Powers were granted.

Whereupon, Senators HAYES, LOURIE and BRYANT were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HAYES, the Report of the Committee of Free Conference to S. 799 was adopted as follows:

S. 799--Free Conference Report
The General Assembly, Columbia, S.C., May 21, 2008

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 799 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/   SECTION   1.   Section 40-47-755 of the 1976 Code, as added by Act 10 of 2005, is amended to read:

"Section 40-47-755.   Auricular detoxification therapy may take place under the direct supervision of a licensed acupuncturist or a person licensed to practice medicine under this chapter. A treatment by an auricular detoxification specialist is strictly limited to the five ear-point treatment protocol for detoxification, substance abuse, or chemical dependency as stipulated by NADA."

SECTION   2.   Section 40-47-710(C) of the 1976 Code, as added by Act 10 of 2005, is amended to read:

"(C)   The committee shall meet at least two times yearly and at other times as may be necessary. Four Three members constitute a quorum. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice chairman, and secretary to serve for a term of one year."

SECTION   3.   Section 40-47-725(B) of the 1976 Code, as added by Act 10 of 2005, is amended to read:

"(B)   An individual who has continuously practiced acupuncture in this State since 1980 or auricular therapy since 1997, who has remained in good standing, must be issued a license and renewal licenses without meeting the requirements of this chapter after submitting:

(1)   a completed application as prescribed by the board; and

(2)   fees as provided for in Section 40-47-800."

SECTION   4.   Section 40-47-745(A) of the 1976 Code, as added by Act 10 of 2005, is amended to read:

"(A)(1)(a)   It is unlawful for a person not licensed under this article to hold himself out as an acupuncturist, auricular therapist, or auricular detoxification specialist without being licensed pursuant to this article, during a period of suspension, or after his or her license has been revoked by the board.

(b)   A person who violates subsection (A)(1)(a) is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned not more than ninety days, or both.

(3)   Subject to the approval of the Board of Medical Examiners, these titles may be used by a person licensed to practice acupuncture pursuant to this article:

(a)   a licensee who holds the Diplomate of Acupuncture from the NCCAOM may use the title 'Doctor of Acupuncture' (D.Ac.);

(b)   a licensee who holds the Diplomate of Oriental Medicine from the NCCAOM may use the title 'Oriental Medicine Doctor' (O.M.D.);

(c)   'Certified Acupuncturist' (C.Ac);

(d)   'Doctor of Acupuncture' (D.Ac.);

(e)   'Oriental Medicine Doctor' (O.M.D.);

(f)   'Doctor of Oriental Medicine' (D.O.M.)

(g)   'Doctor of Acupuncture and Oriental Medicine' (D.A.O.M.)."

SECTION   5.   Section 40-47-730 of the 1976 Code is repealed.

SECTION   6.   This act takes effect upon approval by the Governor. /

/TO AMEND SECTION 40-47-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION 40-47-710, RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION 40-47-725, RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION 40-47-745, RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION 40-47-730 RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS./

/s/Sen. Robert W. Hayes           /s/Rep. Julia A. Parks
/s/Sen. Joel Lourie               /s/Rep. William G. Herbkersman
/s/Sen. Kevin L. Bryant           /s/Rep. Lawrence K. Spires
On Part of the Senate.                On Part of the House.

, and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 104 (Word version) -- Senators McConnell, Courson, Vaughn, Knotts and Campsen: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, SO AS TO ADD ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.
The House returned the Bill with amendments.

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

Senator VERDIN proposed the following amendment (104R005.DBV), which was adopted:

Amend the bill, as and if amended, on page 1, by striking line 35 and inserting:

/   advisory board shall consist of twenty-two members. The     /

Amend the bill, as and if amended, on page 2, line 32, by adding an appropriately numbered new item to Section 60-11-160(C) to read:

/   ( )   Chairman of the War Between the States Heritage Commission.     /

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

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

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 311 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE, TO REQUIRE A GROUP CHILDCARE HOME OR FAMILY CHILDCARE HOME WHOSE LIABILITY INSURANCE LAPSES OR IS CANCELED AND NOT REPLACED TO OBTAIN A STATEMENT FROM THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN THAT CHILDCARE FACILITY, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION OF LICENSURE.

The House returned the Bill with amendments.

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

Senator MARTIN proposed the following amendment (JUD0311.004), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting language and inserting therein the following:

/   SECTION   1.   Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2723.   (A)   An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, who does not carry liability insurance for the operation of his childcare business, shall, by no later than January 1, 2009, obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home does not carry liability insurance for the operation of its childcare business. The owner or operator of a childcare center, group childcare home, or family childcare home must maintain a file of these signed statements at the home during the period of time a child is enrolled. For new enrollees to a childcare center, group childcare home, or family childcare home, the owner or operator must provide the parent or parents or guardian or guardians of a new enrollee with this information at the time of enrollment, obtain a signed statement from each parent or guardian at the time of enrollment, and maintain these signed statements at the home during the period of time a child is enrolled.

(B)   If an owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, has liability insurance for the operation of his childcare business that lapses or is canceled and not reinstated or replaced, the owner or operator shall obtain and maintain statements in accordance with subsection (A) from the custodial parent or parents or guardian or guardians of each child enrolled in the childcare center, group childcare home, or family childcare home no later than thirty days after the liability insurance lapses or is canceled.

(C)   The department shall send a letter to each childcare center, group childcare home, and family childcare home licensed or registered as of June 30, 2008, with the department informing each home of the requirements of subsections (A) and (B), that each home must comply with these requirements by no later than January 1, 2009, and that compliance is a requirement for initial licensure and a continuing annual requirement for relicensure. For childcare centers, group childcare homes, and family childcare homes licensed or registered after June 30, 2008, the department shall provide the information contained in subsections (A) and (B) at the time the childcare center, group childcare home, or family childcare home applies for a license or registration."

SECTION 2.   Section 20-7-2725(D) of the 1976 Code is amended to read:

"(D) (1) To be employed by or to provide caregiver services at a childcare facility licensed, registered, or approved under this subarticle, a person first shall undergo a state fingerprint review based background check to be conducted by the State Law Enforcement Division (SLED) to determine any state criminal history, and a fingerprint review based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history, and a Central Registry check to be conducted by the department to determine any abuse or neglect perpetrated by the person upon a child.

(2)   A However, a person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review and name and date of birth based background check fingerprint review and until such time as the SLED and Federal Bureau of Investigation review is fingerprint based background checks, and the Central Registry check are completed if the person affirms in writing executes a sworn statement on a form provided by the department that he or she has not been convicted of any crime enumerated in this section and that he or she is not on the Central Registry for having perpetrated abuse or neglect upon a child. A person provisionally employed must be directly supervised by a non-provisionally employed person at all times when providing direct care to children.

(3)   Provisional status will be repealed if the requests for the Central Registry check and SLED and FBI fingerprint based background checks are not sent by facsimile, mail, or another manner approved by the department by the end of the next business day after the person was employed.

(4)   If the director of a child care facility violates the terms of provisional employment, for a first offense, the facility may not employ a person provisionally for twelve months. For a second or subsequent offense, the facility may not employ a person provisionally for twenty-four months. The penalty shall apply to any facility that may employ the director of the facility during the period of suspension. A child care facility owner with five or more facilities that sustains violations in twenty-five percent or more of facilities owned in the State during a period of two years may not employ a person provisionally in any facility for twenty-four months. The department shall have authority to determine that a violation has occurred and shall notify the owner and the director in writing of the violation and the penalty. The owner or director under penalty may appeal this determination through the process provided in this subarticle for appeal of the revocation or denial of a childcare license. Authority to employ persons in provisional status must remain suspended while the appeal is pending. Upon disposition of the appeal in favor of the appellant, authority to use provisional status must be restored.

(5)   The results of the fingerprint reviews based background checks are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a childcare center, group childcare home, family childcare home, or church or religious childcare center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated.

(6)   For provisional employment under this section, the department must complete the Central Registry check within two business days of receipt of the request. For other employment under this section, the department must complete the Central Registry check within five business days of receipt of the request. If the department notifies the provider that research into other records is required, these deadlines may be extended for up to ten additional business days."

SECTION   3.   A.     Subarticle 11, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2727.   An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, must notify and obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home may provisionally employ a person in order to comply with Section 20-7-680(G) and Section 20-7-2725(D) when an unexpected staff vacancy occurs. Provisional employment may only occur pursuant to the provisions of Section 20-7-2725(D).

B.     Within sixty days of this act's effective date, an owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700 of the 1976 Code, must notify and obtain signed statements pursuant to the provisions of Section 20-7-2727 from the custodial parent or parents or guardian or guardians of each child enrolled on this act's effective date in the childcare center, group childcare home, or family childcare home."

SECTION 4. This act takes effect on June 30, 2008.           /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

REMOVED FROM THE CALENDAR

S. 718 (Word version) -- Senators McConnell, Grooms, Setzler and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY A LAW PROVIDING A LIMIT ON STATE SPENDING FOR A FISCAL YEAR THAT EQUALS THE TOTAL OF STATE APPROPRIATIONS IN THE PRIOR YEAR INCREASED BY THE TOTAL PERCENTAGE OF INCREASES IN STATE PERSONAL INCOME AND STATE POPULATION IN THE MOST RECENT YEAR FOR WHICH THIS INFORMATION IS AVAILABLE AND PROVIDE THAT THE GENERAL ASSEMBLY IN ENACTING THIS LIMIT SHALL DEFINE THE APPROPRIATIONS TO WHICH THE LIMIT APPLIES, AND THE METHOD OF AND SOURCES FOR CALCULATING THE LIMIT.

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

Senator HUTTO spoke on the Joint Resolution.

Senator McCONNELL spoke on the Joint Resolution.

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

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

Ayes 30; Nays 13

AYES

Alexander                 Bryant                    Campbell
Campsen                   Ceips                     Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Gregory
Grooms                    Hawkins                   Hayes
Knotts                    Leatherman                Martin
Massey                    McConnell                 O'Dell
Peeler                    Rankin                    Ritchie
Ryberg                    Scott *                   Setzler
Sheheen                   Thomas                    Verdin

Total--30

NAYS

Anderson                  Hutto                     Jackson
Land                      Leventis                  Lourie
Malloy                    Matthews                  McGill
Patterson                 Pinckney                  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 removed from the Calendar.

RECOMMITTED

S. 1220 (Word version) -- Senators McConnell, Gregory, Ford, Martin, Ritchie, Sheheen, Lourie, Campbell, Setzler and Campsen: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF THE LIMIT ON STATE SPENDING IMPOSED PURSUANT TO SECTION 7(C), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO REVISE THIS LIMIT BY IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES AND THE CREATION OF A SEPARATE BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT, THE REVENUES OF WHICH MUCH FIRST BE USED TO STABILIZE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION, TO PROVIDE FOR SUSPENSION OF THIS APPROPRIATIONS LIMIT IN EMERGENCIES AND DEFINE EMERGENCIES, TO PROVIDE THAT A CASH BALANCE IN THE BUDGET STABILIZATION FUND IN EXCESS OF FIFTEEN PERCENT OF GENERAL FUND REVENUES OF THE MOST RECENT COMPLETED FISCAL YEAR MAY BE APPROPRIATED IN SEPARATE LEGISLATION FOR VARIOUS NONRECURRING PURPOSES, AND TO DEFINE SURPLUS GENERAL FUND REVENUES.

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

On motion of Senator McCONNELL, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

OBJECTION

H. 4058 (Word version) -- Reps. Sandifer, Leach, Bedingfield, Cato, Chellis, Ott, Owens, Whitmire, Parks, Howard and J.H. Neal: A BILL TO AMEND CHAPTER 7 OF TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO CONFORM THE PROVISIONS TO REFLECT THAT THE PREVIOUS POWERS AND DUTIES OF THE STATE BOARD OF FINANCIAL INSTITUTIONS RELATING TO THOSE CONTRACTS HAS BEEN TRANSFERRED TO THE DEPARTMENT OF CONSUMER AFFAIRS, TO PROVIDE FOR A CONTESTED CASE HEARING BEFORE THE REVOCATION OR SUSPENSION OF A LICENSE FOR VIOLATION OF THE CHAPTER, TO PROVIDE FOR ADMINISTRATIVE PENALTIES, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 40-19-290, AS AMENDED, RELATING TO LICENSED EMBALMERS AND FUNERAL DIRECTORS RECEIVING PAYMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO CHANGE "STATE BOARD OF FINANCIAL INSTITUTIONS" TO "SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS".

Senator HUTTO asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator BRYANT objected.

Senator MARTIN moved to revert to the Motion Period.

There was no objection.

THE SENATE REVERTED TO THE MOTION PERIOD.

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G.R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

Senator MARTIN, as Chairman of the Committee on Rules, moved under Rule 32B to take up the Bill immediately after the Bills on Special Order.

H. 4058 (Word version) -- Reps. Sandifer, Leach, Bedingfield, Cato, Chellis, Ott, Owens, Whitmire, Parks, Howard and J.H. Neal: A BILL TO AMEND CHAPTER 7 OF TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO CONFORM THE PROVISIONS TO REFLECT THAT THE PREVIOUS POWERS AND DUTIES OF THE STATE BOARD OF FINANCIAL INSTITUTIONS RELATING TO THOSE CONTRACTS HAS BEEN TRANSFERRED TO THE DEPARTMENT OF CONSUMER AFFAIRS, TO PROVIDE FOR A CONTESTED CASE HEARING BEFORE THE REVOCATION OR SUSPENSION OF A LICENSE FOR VIOLATION OF THE CHAPTER, TO PROVIDE FOR ADMINISTRATIVE PENALTIES, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 40-19-290, AS AMENDED, RELATING TO LICENSED EMBALMERS AND FUNERAL DIRECTORS RECEIVING PAYMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO CHANGE "STATE BOARD OF FINANCIAL INSTITUTIONS" TO "SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS".

Senator MARTIN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

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

Notice of Motion Under Rule 43

Senator McCONNELL noted a motion under Rule 43 to suspend any portion of or all of Rule 37 and Rule 39.

By prior motion of Senator MARTIN, under the provisions of Rule 32, the Senate proceeded to a consideration of H. 3159.

AMENDED, AMENDMENT PROPOSED
CARRIED OVER IN THE STATUS OF INTERRUPTED DEBATE

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G.R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

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

Senator MARTIN spoke on the Bill.

Amendment No. P-1

Senator HUTTO proposed the following Amendment No. P-1 (JUD3159.011), which was not adopted:

Amend the committee report, as and if amended, page [3159-2], after line 22, by adding an appropriately numbered item to read:

/     ( )   a portion of The Commentaries of the Laws of England by Sir William Blackstone (1765-1769);   /

Amend the committee report further, as and if amended, page [3159-5], after line 24, by adding an appropriately numbered item to read:

/   ( )   The Commentaries of the Laws of England by Sir William Blackstone were significant in that they recorded the tradition of case precedent upon which the English system of law was based and upon which the American legal system was designed. The work is divided into four volumes concerning: the rights of persons, the rights of things, private wrongs, and public wrongs.   /

Renumber sections to conform.

Amend title to conform.

Senator PATTERSON spoke on the amendment.

Senator HUTTO explained the amendment.

Senator CAMPSEN spoke on the amendment.

Senator CAMPSEN moved to lay the amendment on the table.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

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

Ayes 10; Nays 30

AYES

Anderson                  Ford                      Hutto
Land                      Leventis                  Lourie
Malloy                    Matthews                  Patterson
Pinckney

Total--10

NAYS

Alexander                 Bryant                    Campbell
Campsen                   Ceips                     Cleary
Courson                   Cromer                    Drummond
Elliott                   Fair                      Grooms
Hawkins                   Hayes                     Knotts
Leatherman                Martin                    Massey
McConnell                 McGill                    O'Dell
Peeler                    Rankin                    Reese
Ryberg                    Setzler                   Thomas
Vaughn                    Verdin                    Williams

Total--30

Amendment No. P-2

Senator HUTTO proposed the following Amendment No. P-2 (JUD3159.009), which was not adopted:

Amend the committee report, as and if amended, page [3159-2], after line 22, by adding an appropriately numbered item to read:

/     ( )   The Northwest Ordinance (1787);     /

Amend the committee report further, as and if amended, page [3159-5], after line 24, by adding an appropriately numbered item to read:

/   ( )   The Northwest Ordinance or Ordinance of 1787 was the most important act passed by the Continental Congress governed by the Articles of Confederation. The Ordinance provided that persons living in the lands in the Northwest Territory, west of the Alleghenies and Northwest of the Ohio River, would have the same rights as the citizens of the original thirteen states and established a formula for creating new states that prohibited the practice of slavery."     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Amendment No. P-3

Senator HUTTO proposed the following Amendment No. P-3 (JUD3159.010), which was laid on the table:

Amend the committee report, as and if amended, page [3159-2], after line 22, by adding an appropriately numbered item to read:

/     ( )   a portion of Lex, Rex by Samuel Rutherford;   /

Amend the committee report further, as and if amended, page [3159-5], after line 24, by adding an appropriately numbered item to read:

/   ( )   'Lex, Rex' was written by Samuel Rutherford in 1644 and advocated limited government and constitutionalism. The title may have translated 'Law and the King.' The book was written to refute the concept of the king himself being the law and was based on the provisions of the Book of Deuteronomy, Chapter 17. Samuel Rutherford was condemned for treason for writing the book, but died before he was executed.   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator KNOTTS moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. P-4

Senator HUTTO proposed the following Amendment No. P-4 (JUD3159.007), which was laid on the table:

Amend the committee report, as and if amended, page [3159-2], after line 22, by adding an appropriately numbered item to read:

/   ( )   a portion of the Code of Hammurabi or Codex Hammurabi, in its original form or in translation;   /

Amend the committee report further, as and if amended, page [3159-5], after line 24, by adding an appropriately numbered item to read:

/   ( )   The Code of Hammurabi or Codex Hammurabi was one of the best preserved of ancient law texts. It was created in Babylon during the reign of Hammurabi, who was believed to have been chosen by the gods to deliver the law to the people. The Code of Hammurabi contained a list of crimes and punishments, as well as methods for resolving civil disputes, and implied that litigants could present evidence to resolve their cases.   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator KNOTTS moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. P-5

Senator HUTTO proposed the following Amendment No. P-5 (JUD3159.008), which was tabled:

Amend the committee report, as and if amended, page [3159-2], after line 22, by adding an appropriately numbered item to read:

/     ( )   The Gettysburg Address (1863);   /

Amend the committee report, as and if amended, page [3159-5], after line 24, by adding an appropriately numbered item to read:

/   ( )   The Gettysburg Address was delivered by President Abraham Lincoln to dedicate the cemetery on the battlefield of Gettysburg, which many historians believe was the turning point of the Civil War. After scholar Edward Everett gave a speech of two hours, President Lincoln gave his address of less than two minutes resolving that the dead 'shall not have died in vain' and calling for 'new birth of freedom' so 'that government of the people, by the people, for the people, shall not perish from the earth.'     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator KNOTTS moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. P-6

Senator HUTTO proposed the following Amendment No. P-6 (JUD3159.013), which was adopted:

Amend the committee report, as and if amended, page [3159-2], after line 22, by adding an appropriately numbered item to read:

/     ( )   The Lord's Prayer;   /

Amend the committee report further, as and if amended, page [3159-5], after line 24, by adding an appropriately numbered item to read:

/   ( )   The Lord's Prayer, used to teach people how best to seek their daily needs, is a model of philosophy and inspiration for legal and moral systems throughout the ages. In the colonies, James Oglethorpe brought debtors to freedom in our neighboring state of Georgia in remembrance of 'forgiving our debts as we forgive our debtors.'   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator HUTTO moved that the amendment be adopted.

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

Ayes 31; Nays 12

AYES

Anderson                  Bryant                    Ceips
Cleary                    Courson                   Drummond
Elliott                   Ford                      Hawkins
Hutto                     Jackson*                  Knotts
Land                      Leventis                  Lourie
Malloy                    Matthews                  McGill
Patterson                 Peeler                    Pinckney
Rankin                    Reese                     Ritchie*
Ryberg                    Scott*                    Setzler
Thomas                    Vaughn                    Verdin
Williams

Total--31

NAYS

Alexander                 Campbell                  Campsen
Cromer                    Fair                      Grooms
Hayes                     Martin                    Massey
McConnell                 O'Dell                    Sheheen

Total--12

Statement by Senators CROMER and MASSEY

H. 3159 is a Bill that allows public buildings to display public buildings educational and informational material regarding the history and background of American law and government. Among the documents that may be posted are the Ten Commandments, the Magna Carta, the Declaration of Independence, and the Bill of Rights. The Bill was very carefully written so that, even though it contains the Ten Commandments, it would not be struck down as unconstitutional in federal court. While the Bill was being debated, an amendment was offered to include The Lord's Prayer in the material that may be displayed. As strange as it sounds, this amendment was offered as a poison pill to derail the entire Bill. Even though we believe that the Lord's Prayer serves as a source of comfort and strength to Christians around the world and has had a positive influence on our society, including it among the information that may be posted, makes the Bill unconstitutional. It was an extremely difficult decision for us to make. But, despite our personal feelings to the contrary, I think that it was the right decision to make. Our votes were not a vote against The Lord's Prayer; rather they were votes to constitutionally allow the display of documents fundamental to the formation of civic virtue in our county.

Amendment No. P-7

Senator HUTTO proposed the following Amendment No. P-7 (JUD3159.004):

Amend the committee report, as and if amended, page [3159-2], by striking lines 7 and 8, in Section 10-1-168(A), as contained in SECTION 2, and inserting therein:

/   this State including, but not limited to, a school board, must post the Foundations of American Law and   /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator MARTIN spoke on the amendment.

Senator McCONNELL asked unanimous consent to make a motion that the Bill be carried over in the status of Interrupted Debate; that the Senate proceed to a Call of the Uncontested Local and Statewide Calendar; and, upon completion of the Call of the Uncontested Local and Statewide Calendar, the Senate would agree to stand adjourned.

There was no objection.

The Bill was carried over in the status of Interrupted Debate.

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

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

H. 4713 (Word version) -- Rep. White: A BILL TO AMEND SECTION 25-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE VETERANS' CEMETERIES AND QUALIFICATIONS TO RECEIVE A PLOT IN A STATE VETERANS' CEMETERY, SO AS TO REDUCE FROM TWENTY YEARS TO EIGHT YEARS THE TIME A VETERAN MUST HAVE BEEN A RESIDENT OF THIS STATE IN ORDER TO MEET ONE OF THE QUALIFICATIONS.

H. 4934 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Joint Resolution.

H. 4935 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Joint Resolution.

H. 3023 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 TO TITLE 38 SO AS TO ENACT THE INTERSTATE INSURANCE PRODUCT REGULATION COMPACT TO REGULATE CERTAIN DESIGNATED INSURANCE PRODUCTS AND ADVERTISEMENT OF THOSE PRODUCTS UNIFORMLY AMONG THE STATES THAT ARE COMPACT MEMBERS, AND TO AUTHORIZE THIS STATE TO JOIN THE COMPACT.

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

The Committee on Banking and Insurance proposed the following amendment (3023R001.DLT), which was adopted:

Amend the bill, as and if amended, page 18, by striking line 23 and inserting:

/     Insurance, or his designee, is designated to serve as the representative of this State       /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the committee amendment.

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

H. 3880 (Word version) -- Reps. W.D. Smith, Hagood, Mitchell and McLeod: A BILL TO AMEND ARTICLE 7, CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM, SO AS TO REVISE THE LIABILITY PROTECTION PROVIDED TO PARTIES WHO ARE NOT RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY AND WHO SUBSEQUENTLY BECOME RESPONSIBLE FOR THE PROPERTY; TO FURTHER SPECIFY THE SCOPE OF A COVENANT NOT TO SUE PROVIDED TO PARTIES WHO ARE RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY; TO SPECIFY THAT PROPERTY ON TO WHICH A RELEASE OF PETROLEUM PRODUCTS OCCURRED IS PROPERTY ELIGIBLE FOR PARTICIPATION IN THIS VOLUNTARY CLEANUP PROGRAM; TO FURTHER SPECIFY THE CONTENTS OF A VOLUNTARY CLEANUP CONTRACT AND GROUNDS FOR TERMINATION OF THE CONTRACT; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE GENERAL ASSEMBLY ON THE ACTIVITIES OF THIS PROGRAM; AND TO CONFORM PROVISIONS IN THIS ARTICLE TO THE REVISIONS MADE PURSUANT TO THIS ACT.

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

The Committee on Medical Affairs proposed the following amendment (H-3880 AMENDMENT), which was adopted:

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

/       SECTION   1.   Article 7, Chapter 56, Title 44 of the 1976 Code is amended to read:

"Article 7

Brownfields/Voluntary Cleanup Program

Section 44-56-710.   The purpose of the voluntary cleanup program is to:

(1)   enable the expansion, redevelopment or return to use of industrial and commercial facilities sites whose redevelopment is complicated by real or perceived environmental contamination;

(2)   provide an incentive to conduct response actions at a site by providing nonresponsible parties State CERCLA liability protection a covenant not to sue, contribution protection, and third party liability protection, or by providing responsible parties with a covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports; and

(3)   provide reimbursement to the department for oversight costs.

(1)   'CERCLA' means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U.S.C. 9601, et seq.

(2)   'Contaminant' includes, but is not limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their offspring; 'contaminant' does not include petroleum, including crude oil or any fraction of crude oil, which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section 101, 42 U.S.C. Section 9601, et seq. and does not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality or mixtures of natural gas and such synthetic gas 'contaminant' also includes 'petroleum' and 'petroleum products' as defined in this section.

(3)   'Contamination' means impact by a contaminant, petroleum, or petroleum product.

(3) (4)   'Department' means the South Carolina Department of Health and Environmental Control.

(4) (5)   'Nonresponsible party' means any party which is neither:

(i)   a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders of a security interest; nor

(ii)   a parent, subsidiary of, or successor to a responsible party.

(5) (6)   'Oversight costs' means those costs, both direct and indirect, incurred by the department in implementing the voluntary cleanup program.

(6) (7)   'Petroleum' and 'petroleum product' means crude oil or any fraction of crude oil which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds for each square inch absolute), including any such liquid which consists of a blend of petroleum and alcohol and which is intended for use as a motor fuel.

(8)   'Property' means that portion of the site which is subject to the ownership, prospective ownership, or possessory or contractual interest of a responsible party or a nonresponsible party.

(7) (9)   'Response action' means any assessment, cleanup, inspection, or closure of a site as necessary to remedy actual or potential damage to public health, public welfare, or the environment.

(8) (10)   'Responsible party' means:

(a)   the owner and operator of a vessel, as defined in CERCLA Section 101 (28), or a facility, as these terms are defined in CERCLA;

(b)   any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, as these terms are defined in CERCLA;

(c)   any person who by contract, settlement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, as these terms are defined in CERCLA; and

(d)   any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels, as defined in CERCLA Section 101 (38), or sites selected by such person, from which there is a release or a threatened release which causes the incurrence of response costs of a hazardous substance, as such terms are defined in CERCLA; and

(e)   any person who owns or operates or who owned or operated an above ground or underground storage tank from which petroleum or petroleum products have been released or who owns and operates or who owned or operated a property on which a petroleum release has occurred; however, the exemptions of Section 44-2-80(B) and (C) apply.

(9) (11)   'Site' means all areas where a contaminant petroleum, or petroleum product has been released, deposited, stored, disposed of, or placed or otherwise comes to be located; 'site' does not include any consumer product in consumer use or any vessel, as defined in CERCLA Section 101 (28).

(10) (12)   'Voluntary cleanup' means a response action taken under and in compliance with this article.

(11) (13)   'Voluntary cleanup contract' means a contract entered into between the department and a responsible or nonresponsible party to conduct a voluntary cleanup.

Section 44-56-730.   (A)   A site known or perceived to be impacted by a contaminant, petroleum, or a petroleum product is eligible for participation in the voluntary cleanup program unless the site is listed or proposed to be listed on the National Priorities List pursuant to CERCLA Section 105.

(B)   A responsible party who is not subject to a department order or permit for assessment and remediation for a site is eligible to participate in the voluntary cleanup program for that site.

(C)   All nonresponsible parties who demonstrate financial viability to meet their obligations under the contract and who will undertake or whose nonresponsible party lenders, signatories, parents, subsidiaries, and successors will undertake the expansion, redevelopment, and/or return to use of the property are eligible to participate in the voluntary cleanup program.

Section 44-56-740.   (A)(1)   A voluntary cleanup contract entered into by or on behalf of a responsible party shall contain at a minimum:

(a)   submission of a work plan, health and safety plan, and provisions from for written progress reports;

(b)   a grant of access to perform and oversee response actions; and

(c)   a legal description of the property.

(2)   A voluntary cleanup contract shall stipulate that it:

(a)   the contract is not a release of or covenant not to sue for any claim or cause of action against a responsible party who is a nonsignatory not a signatory to the contract;

(b)   the contract does not limit the right of the department to undertake future response actions; and

(c)   the contract becomes null and void if the responsible party submits information that is false or incomplete and that is inconsistent with the intent of the contract;

(d)   the contract is not a release or covenant not to sue for claims against a responsible party for matters not expressly included in the contract; and

(e)   the contract's covenant not to sue must be revoked for a responsible party, or its successors, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract.

(3)   After signing a voluntary cleanup contract, the responsible party shall prepare and submit the appropriate work plans and reports to the department. The department shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval.

(4)   A voluntary cleanup contract executed on behalf of a responsible party inures to the benefit of the responsible party's signatories, parents, successors, assigns, and subsidiaries.

(5)   A voluntary cleanup contract must give the responsible party the department's covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports. The covenant not to sue must be contingent upon the department's determination that the responsible party successfully and completely complied with the contract.

(B)(1)   Upon completion of the contract, the responsible party must submit a request to the department for a certificate of completion. If the department determines that a responsible party has successfully and completely complied with the contract and has successfully completed the voluntary cleanup approved under this article, the department shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:

(a)   provide a covenant not to sue for the benefit of the responsible party, its signatories, parents, successors, and subsidiaries;

(b)   indicate the proposed future land use and if a restrictive covenant is necessary for protection of health, safety, and welfare of the public, include a copy of the restrictive covenant entered into between the department and the responsible party and filed with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and

(c)   include a legal description of the site property and the name of the site's property's owner.

(2)   If the department determines that the responsible party has not completed the contract satisfactorily, the department shall notify in writing the responsible party and the current owner of the site property, if different from the responsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.

(3)   The covenant not to sue is revoked for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.

(C)   The department shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from this fund pursuant to Section 44-56-200.

(D)   Public participation procedures for a voluntary cleanup contract entered into by a responsible party shall follow the same guidelines for public participation as those for the State CERCLA program and not inconsistent with the National Contingency Plan.

(E)(1)   The department or the responsible party may terminate a voluntary cleanup contract by giving thirty days advanced written notice to the other. The department may not terminate the contract without cause.

(2)   The covenant not to sue must be revoked for a party or its successors, or both, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract.

(3)   If, after receiving notice that costs are due and owing, the responsible party does not pay the department oversight costs associated with the voluntary cleanup in a timely manner, the department may bring an action to recover the amount owed and all costs incurred by the department in bringing the action including, but not limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.

(4)   Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs.

(F)   The department's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.

Section 44-56-750.   (A)(1)   Before entering into a voluntary cleanup contract, the nonresponsible party must:

(a)   submit to the department its proposed scope of work a Phase One Environmental Site Assessment conducted in accordance with the all appropriate inquiry standards of CERCLA, or other evidence of conducting all appropriate inquiry in accordance with CERCLA;

(b)   identify a contact person, whose name, address, and telephone number must be updated throughout the term of the contract;

(c)   provide a legal description of the property; and

(d) describe the plan for the expansion, redevelopment, and/or return to use of the property the business activities planned to be carried out on the property.

(2)   Before entering into a voluntary cleanup contract, the nonresponsible party must certify to the department that:

(a)   it is not a responsible party at the site;

(b)   it is not a parent, successor, or subsidiary of a responsible party at the site;

(c)   its activities will not aggravate or contribute to existing contamination on the site or pose significant human health or environmental risks; and

(d)   it is financially viable to meet the obligations under the contract.

(B)(1)   A voluntary cleanup contract entered into by or on behalf of a nonresponsible party shall contain at a minimum:

(a) agreement to conduct the scope of work provided for in the contract and submission of a work plan prepared in accordance with the scope of work required by the department, health and safety plan, and provisions for written progress reports;

(c)   a legal description of the property;

(d)   a provision for the department to have the opportunity to inspect and to copy any and all documents or records in the nonresponsible party's custody, possession, or control which identifies or potentially identifies a responsible or potentially responsible party; and

(e)   a provision that the department has an irrevocable right of access to the property once the property is acquired by the nonresponsible party. The right of access remains until a complete remediation is accomplished for unrestricted use.

(2)   A voluntary cleanup contract shall stipulate that it:

(a)   is not a release or covenant not to sue for any claim or cause of action against a responsible party who is a nonsignatory not a signatory to the contract;

(b)   does not limit the right of the department to undertake future response actions;

(c)   is not a release or covenant not to sue for claims against a responsible party for matters not expressly included in the contract;

(d)   does not release the nonresponsible party from liability for any contamination that the nonresponsible party causes or contributes to the site; and

(e)   becomes null and void if the nonresponsible party submits information that is false or incomplete and that is inconsistent with the intent of the contract.

(3)   After signing a voluntary cleanup contract, the nonresponsible party shall prepare and submit the appropriate work plans, health and safety plan, and reports to the department. The department shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval.

(4)   A voluntary cleanup contract executed on behalf of a nonresponsible party must, in the department's sole discretion, provide a measurable benefit to the State, the community, or the department.

(5)   After considering existing and future use or uses of the site property, the department may approve submitted work plans or reports that do not require removal or remedy of all discharges, releases, and threatened releases at a site as long as the response action:

(a)   is consistent and compatible with the proposed future use of the site property;

(b)   will not contribute to or exacerbate discharges, releases, or threatened releases;

(c)   will not interfere with or substantially increase the cost of response actions to address the remaining discharges, releases, or threatened releases; and

(d)   requires deed notices or restrictions, or both, determined appropriate by the department, to be placed on the property after completion of the work plan.

(6)   A voluntary cleanup contract executed on behalf of a nonresponsible party inures to the benefit of the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors. A voluntary cleanup contract executed on behalf of a nonresponsible party does not inure to the benefit of a responsible party.

(7)   The voluntary cleanup contract may provide the nonresponsible party protection from claims for contribution under CERCLA Section 113, 42 U.S.C. Section 9613 and Section 44-56-200, et seq. of the 1976 Code regarding environmental conditions at the site before the signing of the contract. This protection may be granted at the conclusion of the period allowed for comment from the site's potentially responsible parties as identified through a reasonable search.

(C)(1)   Upon completion of the contract, the nonresponsible party must submit a request to the department for a certificate of completion. If the department determines that a nonresponsible party has successfully and completely complied with the contract and has completed the voluntary cleanup approved under this article, the department shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:

(a)   provide the department's covenant not to sue the nonresponsible party for State CERCLA liability for existing contamination, except for releases and consequences that the nonresponsible party causes. This liability protection must not be granted or must be revoked if a contract or letter of completion is acquired by fraud, misrepresentation, knowing failure to disclose material information, or failure to satisfactorily complete the approved work plan;

(b)   indicate the proposed future land use and if a restrictive covenant is required, include a copy of the restrictive covenant to be entered into between the department and the nonresponsible party and record the restrictive covenant with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and

(c)   include a legal description of the property and the name of the property's owner.

(2)   If the department determines that the nonresponsible party has not completed the contract satisfactorily, the department shall notify in writing the nonresponsible party and the current owner of the site property, if different from the nonresponsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.

(3)   The State CERCLA covenant not to sue, liability protection, is and contribution protection provided in this section shall be revoked, after reasonable notice and opportunity to cure as provided for by Section 44-55-750 (C)(2) above and Section 44-56-750 (F)(1) below, for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.

(4)   The covenant not to sue, liability protection, and contribution protection provided in this section may be revoked, after reasonable notice and opportunity to cure as provided for by Section 44-56-750 (C)(2) above and Section 44-56-750 (F)(1) below, for a party who fails to make material progress toward the expansion, redevelopment, and/or reuse of the property as provided for in the contract. Such activities shall constitute cause to terminate the contract.

(D)   The department shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from the fund pursuant to Section 44-56-200.

(E)(1)   Upon signature of a voluntary cleanup contract by a nonresponsible party, the department shall provide notice and opportunity for public participation. Notification of the proposed contract must be placed in a newspaper in general circulation within the affected community. A comment period must be provided for thirty days from the date of newspaper publication. The public notice period must precede the department's scheduled date for execution of the contract. A public meeting must be conducted upon request to the department's Bureau of Land and Waste Management by twelve residents of South Carolina or an organization representing twelve or more residents of South Carolina. Under any other circumstances, a public meeting may be conducted at the department's discretion.

(2)   Beginning with the thirty-day notice period and continuing through completion of the terms of the contract, the nonresponsible party must post a sign, in clear view from the main entrance to the site property, stating the name, address, and telephone number of a contact person for information describing the site's property's response actions and reuse.

(F)(1)   The department or nonresponsible party may terminate a voluntary cleanup contract by giving thirty days' advance written notice to the other. The department may not terminate the contract without cause.

(2)   The State CERCLA covenant not to sue, liability protection, and contribution protection must be revoked for a party, or its successors, for conducting activities at the site property that are inconsistent with the terms and conditions of the voluntary cleanup contract, and these activities constitute cause to terminate the contract.

(3)   If, after receiving notice that costs are due and owing, the nonresponsible party does not pay to the department oversight costs associated with the voluntary cleanup contract in a timely manner, the department may bring an action to recover the amount owed and all costs incurred by the department in bringing the action including, but not limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.

(4)   Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs.

(G)   The department's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.

(H)(1)   A nonresponsible party is not liable to any third party for contribution, equitable relief, or claims for damages arising from a release of contaminants, petroleum, or petroleum products that which is the subject of a response action included in the nonresponsible party voluntary cleanup contract provided for in this section.

(2)   This limitation of liability commences on the date of execution of the nonresponsible party voluntary cleanup contract by the department; however, this limitation must be withdrawn automatically if the nonresponsible party voluntary cleanup contract is lawfully terminated by any party. This limitation of liability applies only to:

(a)   the parties to the nonresponsible party voluntary cleanup contract and to the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors; and

(b)   'existing contamination', as defined in the nonresponsible party voluntary cleanup contract.

This limitation of liability does not apply to any release caused by or attributable to the nonresponsible party or its lenders, signatories, parents, subsidiaries, or successors.

Section 44-56-760.   Beginning in the year 2010, the department shall review the voluntary cleanup program established pursuant to this article and report to the General Assembly on the activities of the program and, where applicable, make recommendations for any needed changes or improvements."

SECTION   2.   Section 12-6-3550(A) of the 1976 Code is amended to read:

"Section 12-6-3550. (A) A taxpayer is allowed a credit against taxes due under Section 12-6-530 for costs of voluntary cleanup activity by a nonresponsible party pursuant to Article 7, Chapter 56 of Title 44, the Brownfields/Voluntary Cleanup Program, in the manner provided in this section."

SECTION   3.   This act takes effect upon approval by the Governor and applies to party voluntary cleanup contracts entered into pursuant to Section 44-56-750 of the 1976 Code on or after this act's effective date.         /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

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

H. 3030 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, D.C. Smith, Spires and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-15 SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE A SEWAGE COLLECTION SYSTEM WITHIN THE DISTRICT.

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

Senator McCONNELL proposed the following amendment (JUD3030.009), which was adopted:

Amend the committee report, as and if amended, page [3030-3], after line 27, by adding an appropriately numbered SECTION to read:

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

"Section 6-7-145.   A regional council of government is not authorized or empowered to determine which entities may or may not provide water and sewer service in the area represented by the council."/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senators RANKIN and MASSEY proposed the following amendment (JUD3030.011), which was adopted:

Amend the committee report, as and if amended, page [3030-2], by striking lines 5 through 7, in Section 6-11-175, as contained in SECTION 1 and inserting therein the following:

/     "Section 6-11-175.   Prior to beginning to construct an elevated water storage facility, the district must /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

The Committee on Judiciary proposed the following amendment (JUD3030.007), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/   A BILL

TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-175, SO AS TO REQUIRE A DISTRICT TO ADVERTISE AND HOLD A PUBLIC MEETING PRIOR TO BEGINNING A PROJECT TO CONSTRUCT, EXPAND, OR MATERIALLY ALTER A DISTRIBUTION SYSTEM FOR THE DISTRIBUTION WATER OR A SYSTEM FOR THE COLLECTION OF SEWAGE; TO AMEND SECTION 6-11-1220, RELATING TO THE DEFINITIONS FOR PROVISIONS CONCERNING ADDITIONAL POWERS OF DISTRICTS PROVIDING SEWAGE COLLECTION AND DISPOSAL, SO AS TO ADD RURAL WATER DISTRICT TO THE DEFINITION OF DISTRICT; AND TO AMEND THE CODE BY ADDING SECTION 6-13-15, SO AS TO AUTHORIZE A RURAL COMMUNITY WATER DISTRICT TO PROVIDE SEWER SERVICE TO THE AREA WITHIN ITS BOUNDARIES AND LEGAL SERVICE AREA IF THE DISTRICT HAS MET CERTAIN REQUIREMENTS.

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

SECTION   1.   Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:

"Section 6-11-175.   Prior to beginning a project to construct, expand, or materially alter a distribution system for the distribution water or a system for the collection of sewage, the district must hold a public meeting to explain the details of the project and take comments from members of the public. The district must advertise in a newspaper of general circulation in the district the time and place of the meeting and the general nature and scope of the proposed project. The notice must be published on two occasions prior to the meeting, and at least ten days prior to the meeting."

SECTION   2.   Section 6-11-1220(a) of the 1976 Code is amended to read:

"(a)   The term 'district' shall mean any rural water district organized under Chapter 13 of Title 6, special purpose district, or public service district now existing or hereafter created by an act of the General Assembly now or from time to time exercising the power to construct and operate sewer collection, disposal, and treatment facilities;"

SECTION   3.   Article 1, Chapter 13, Title 6 of the 1976 Code is amended by adding:

"Section 6-13-15.   (A)(1)   A rural water district established pursuant to this chapter prior to March 7, 1973, may provide sewer service to the area within its boundaries and its legal service area if, prior to the district utilizing the provisions of this section:

(a)   the district's board has been selected from an area that encompasses the boundaries and the entire legal service area to which service has been extended by the district;

(b)   the district has received permission, by written resolution, from the governing body of the county in which the district is located; and

(c)   the provision of sewer service authorized by this section is consistent with any comprehensive plan or land use plan adopted pursuant to Chapter 29 of Title 6.

(2)   A rural water district established pursuant to this chapter prior to March 7, 1973, utilizing the provisions of this section, must not provide sewer service to:

(a)   areas outside the district's boundaries and legal service area at the time the district's governing body determines to utilize the provisions of this section; or

(b)   those parts of the area within the district's boundaries and legal service area where sewer service is being provided by another private or governmental entity at the time the district's governing body determines to utilize the provisions of this section.

(B)   The water district may build, acquire, construct, operate, and maintain sewage collection, treatment, and disposal facilities or contract for the use of any facilities as are, in the opinion of the governing body of the water district, necessary for the district. The district may impose such schedule of rates and charges for the use of sewage collection, treatment, and disposal facilities as the governing body of the district shall from time to time approve. The governing body of the district may place into effect and revise, whenever it wishes or is required, a schedule of rates for the sewer service made available by it to persons, firms, and corporations within the district. The powers of the district granted in Section 6-13-50 shall apply to the provision of sewer service by the district except for Section 6-13-50(23).

(C)   Unless they are owned by another political subdivision or other entity, the treatment and disposal facilities, transmission and collection lines, pump stations and their several component parts, and all other apparatus, equipment, and property incident to the provision of sewer service or used or useful in the provision of sewer service and all additions, improvements, extensions, and enlargements to any of them shall constitute a portion of the system belonging to the water district.

(D)   The powers provided to a water district by this section are in addition to all other powers authorized by law."

SECTION   4.   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.

H. 3723 (Word version) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE ARE TRAINED IN ITS USE, AND THAT THESE DEVICES ARE PERIODICALLY INSPECTED AND ANNUALLY MAINTAINED.

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

The Committee on Education proposed the following amendment (3723R002.JEC), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/     SECTION   1.   Chapter 17, Title 59 of the 1976 Code is amended by adding:

"Section 59-17-155.   (A)   Subject to appropriations by the General Assembly, each school district shall develop and implement an automated external defibrillator program meeting the requirements of Chapter 76 of Title 44 of the 1976 Code for each high school in the district. The program must include provisions that:

(1)   require an operational automatic external defibrillator on the grounds of the high school;

(2)   require all persons who are reasonably expected to use the device to obtain appropriate training, including completion of a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training and demonstrated proficiency in the use of an automated external defibrillator. The school district superintendent, or the superintendent's designee, shall determine who is reasonably expected to use the device;

(3)   establish guidelines for periodic inspections and maintenance of the defibrillators; and

(4)   define the purpose of the program and the manner in which the program will operate.

(B)(1)   Any person or entity acting in good faith and gratuitously shall be immune from civil liability for the use of an automated external defibrillator unless the person was grossly negligent in the use.

(2)   Any designated automated external defibrillator user meeting the requirements of Section 44-76-30(1) and acting according to the required training shall be immune from civil liability for the application of an automated external defibrillator unless the application was grossly negligent.

(3)   A person or entity acquiring an automated external defibrillator and meeting the requirements of Section 44-76-30 or an automated external defibrillator liaison meeting the requirements of Section 44-76-30 shall be immune from civil liability for the use of an automated external defibrillator by any person or entity described in items (1) or (2) of this subsection.

(4)   A prescribing physician shall be immune from civil liability for authorizing the purchase of an automated external defibrillator, unless the authorization was grossly negligent.

(C)   Any person or entity, acting in good faith and gratuitously, that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of automated external defibrillator is immune from civil liability for providing this training for use if the:

(1)   person or entity has provided the training in accordance with the guidelines and policies of a national training organization, as defined in Section 44-76-30(1);

(2)   person providing the training is authorized to deliver that course or curriculum; and

(3)   training delivery was not grossly negligent.

(D)   The Budget and Control Board may establish a state contract for the purchase of automated external defibrillators."   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

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

CARRIED OVER

H. 4747 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 63 ENTITLED "SOUTH CAROLINA CHILDREN'S CODE" SO AS TO TRANSFER PROVISIONS FROM CHAPTER 7, TITLE 20 TO TITLE 63, TO INCLUDE THE STATE POLICY ON CHILDREN, FAMILY COURT AND FAMILY COURT JUDGES, LEGAL STATUS OF CHILDREN, CHILD PROTECTION AND PERMANENCY, ADOPTIONS, CHILDREN'S SERVICE AGENCIES, CHILDCARE FACILITIES, CUSTODY AND VISITATION, PATERNITY AND CHILD SUPPORT, AND JUVENILE JUSTICE; TO ADD ARTICLE 5 TO CHAPTER 3, TITLE 20, RELATING TO DIVORCE, SO AS TO TRANSFER THE PROVISIONS OF ARTICLE 6, CHAPTER 7, TITLE 20, RELATING TO EQUITABLE APPORTIONMENT OF PROPERTY, TO THIS ARTICLE; TO ADD ARTICLE 5 TO CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID TO CHILDREN, SO AS TO TRANSFER THE PROVISIONS OF SUBARTICLE 7, ARTICLE 13, CHAPTER 7, TITLE 20, RELATING TO PUBLIC AID, TO THIS ARTICLE; TO ADD SECTION 44-53-378 SO AS TO TRANSFER THE PROVISIONS OF SECTION 20-7-105, WHICH CREATES A CRIMINAL OFFENSE FOR EXPOSING A CHILD TO METHAMPHETAMINES, TO THIS SECTION; AND TO REPEAL CHAPTER 7, TITLE 20, RELATING TO THE CHILDREN'S CODE; TO REPEAL SECTION 43-5-585, RELATING TO REPORTING CHILD SUPPORT ARREARAGES TO CREDIT REPORTING AGENCIES, WHICH WAS TRANSFERRED TO ARTICLE 21, CHAPTER 17, TITLE 63; AND TO REPEAL SECTIONS 43-5-595, 43-5-596, AND 43-5-597, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH FINANCIAL INSTITUTION DATA MATCHES, WHICH WERE TRANSFERRED TO ARTICLE 17, CHAPTER 17, TITLE 63.

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

PROPOSED, CARRIED OVER

H. 3028 (Word version) -- Reps. Funderburk, Haskins, Witherspoon, Whipper, Hardwick, Hagood, Clemmons, Neilson and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-42 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE KNOWINGLY AND WILFULLY TO MISREPRESENT THE IDENTITY OF FOOD OR A FOOD PRODUCT THAT IS SERVED, SOLD, OR OTHERWISE COMMERCIALLY DISTRIBUTED OR OFFERED FOR DISTRIBUTION, TO SPECIFY ACTS OF MISREPRESENTATION OF THE IDENTITY OF FOOD OR A FOOD PRODUCT, AND TO PROVIDE FOR CRIMINAL, CIVIL, AND ADMINISTRATIVE PENALTIES FOR VIOLATIONS.

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

The Committee on Judiciary proposed the following amendment (JUD3028.003), which was adopted:

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

/   SECTION   1.   Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-32.   (A)   For purposes of this section 'food' or 'food product' is an article that is produced, raised, trapped, caught, harvested, manufactured, or processed for human consumption.

(B)   It is an unfair trade practice pursuant to Section 39-5-20 knowingly and willfully to misrepresent the identity of food or a food product in connection with the sale, offer for sale, barter, trafficking in, or other distribution or offer of distribution of the food or food product.

(C)   The identity of food or a food product is misrepresented if the:

(1)   food or food product is served, sold, or otherwise distributed or offered for distribution under the name of another food or food product that is materially different from that which it is represented to be;

(2)   food or food product purports to be or is represented to be a product of the State of South Carolina but is actually the product of another state, country, or territory; or

(3)   food or food product is misrepresented as meeting the definition of identity or standard of quality as established by law.

(D)   A food or food product is not materially different from that which it is represented to be if it meets the generic description established by custom and usage.

(E)   This section does not apply to a menu item that is temporarily unavailable if the temporary unavailability is disclosed to the customer.

(F)   No provision in this section is intended to conflict with the enforcement of criminal penalties or other provisions of law relating to the misrepresentation or adulteration of food or food products."

SECTION   2.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   3.   This act takes effect upon approval by the Governor and applies to all violations occurring after that date.   /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

Senator CLEARY proposed the following amendment (JUD3028.004):

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

/   SECTION   1.   Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-32.   (A)   For purposes of this section 'food' or 'food product' is an article that is produced, raised, caught, or harvested for human consumption.

(B)   It is an unfair trade practice pursuant to Section 39-5-20 to knowingly and willfully misrepresent food or a food product if the food or food product purports to be or is represented to be a product of South Carolina but is the product of another state, country, or territory.

(C)   No provision in this section is intended to conflict with the enforcement of criminal penalties or other provisions of law relating to the misrepresentation or adulteration of food or food products."

SECTION   2.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   3.   This act takes effect upon approval by the Governor and applies to all violations occurring after that date. /

Amend title to conform.

Senator CLEARY explained the amendment.

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

H. 3547 (Word version) -- Reps. Moss, Gambrell, Leach, Ballentine and Toole: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO INVESTIGATING CHILD ABUSE AND NEGLECT REPORTS, DETERMINING WHETHER SUCH REPORTS ARE FOUNDED OR UNFOUNDED, AND PLACING THE NAMES OF PERPETRATORS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY BY PROVIDING THAT IF THE COURT FINDS THAT A PERPETRATOR PHYSICALLY NEGLECTED, SEVERELY NEGLECTED, OR REPEATEDLY NEGLECTED A CHILD, THE PERPETRATOR'S NAME MUST BE PLACED IN THE REGISTRY.

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

The Committee on Judiciary proposed the following amendment (JUD3547.005), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting language and inserting therein the following:

/   SECTION   1.   Subsections (L), (M), (N), and (O) of Section 20-7-650 of the 1976 Code are amended to read:

"(L)   At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:

(1)   must order that a person's name be entered in the Central Registry of Child Abuse and Neglect if the court finds that there is a preponderance of evidence that the person severely physically abused, or sexually abused, or wilfully or recklessly severely neglected the child. Placement on the Central Registry cannot be waived by any party or by the court. However, if the only form of physical abuse that is found by the court is excessive corporal punishment, the court only may order that the person's name be entered in the Central Registry if item (2) applies;

(2)   may, except as provided for in item (1), order that the person's name be entered in the Central Registry if the court finds by a preponderance of evidence (a) that the person abused or neglected the child in any manner, including the use of excessive corporal punishment, and (b) that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless severe neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.

(M)   At the probable cause hearing, the court may order that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K) (L).

(N)   At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless severe neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department must serve a copy of the petition and summary on the person named as perpetrator. The petition must include a statement that the judge must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.

(O)   At a hearing pursuant to Section 20-7-736, The the department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse, severe physical abuse, or severe neglect of a child."

SECTION   2.   Section 20-7-2725(D) of the 1976 Code is amended to read:

"(D)   To be employed by or to provide caregiver services at a childcare facility licensed, registered, or approved under this subarticle, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history and a central registry check by the department to determine any abuse or neglect upon a child. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review online background catch and until such time as the State Law Enforcement Division fingerprint review, Federal Bureau of Investigation review, and central registry check is completed if the person affirms in writing on a form provided by the department that he or she has not been convicted of any crime enumerated in this section and they are under the supervision of a non-provisionally employed person at all times when providing direct care to children. Provisional status will be repealed if the State Law Enforcement Division fingerprint review, Federal Bureau of Investigation fingerprint review, and central registry check are not submitted within seventy-two hours of employment. If a provider of caregiver services under this subarticle violates the terms of the provisional employment, the provider may not employ a person provisionally for twelve months. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a childcare center, group childcare home, family childcare home, or church or religious childcare center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated. For purposes of this section, the department must complete the central registry check within two business days of receipt of the request, not including the date of receipt. For all other central registry checks required by Section 20-7-680, the department must complete the check within four business days of receipt of the request, not including the date of receipt."

SECTION   3.   Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2723.   (A)   An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, who does not carry liability insurance for the operation of his childcare business, shall, by no later than January 1, 2009, obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home does not carry liability insurance for the operation of its childcare business. The owner or operator of a childcare center, group childcare home, or family childcare home must maintain a file of these signed statements at the home during the period of time a child is enrolled. For new enrollees to a childcare center, group childcare home, or family childcare home, the owner or operator must provide the parent or parents or guardian or guardians of a new enrollee with this information at the time of enrollment, obtain a signed statement from each parent or guardian at the time of enrollment, and maintain these signed statements at the home during the period of time a child is enrolled.

(B)   If an owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, has liability insurance for the operation of his childcare business that lapses or is canceled and not reinstated or replaced, the owner or operator shall obtain and maintain statements in accordance with subsection (A) from the custodial parent or parents or guardian or guardians of each child enrolled in the childcare center, group childcare home, or family childcare home no later than thirty days after the liability insurance lapses or is canceled.

(C)   The department shall send a letter to each childcare center, group childcare home, and family childcare home licensed or registered as of June 30, 2008, with the department informing each home of the requirements of subsections (A) and (B), that each home must comply with these requirements by no later than January 1, 2009, and that compliance is a requirement for initial licensure and a continuing annual requirement for relicensure. For childcare centers, group childcare homes, and family childcare homes licensed or registered after June 30, 2008, the department shall provide the information contained in subsections (A) and (B) at the time the childcare center, group childcare home, or family childcare home applies for a license or registration.

(D)   An owner or operator of a childcare center, group childcare home, or family childcare home, as defined by Section 20-7-2700, must notify and obtain signed statements from the custodial parent or parents or guardian or guardians of each child currently enrolled in the childcare center, group childcare home, or family childcare home indicating that the parent or parents or guardian or guardians have received notice that the childcare center, group childcare home, or family childcare home may provisionally employ a person in order to comply with Section 20-7-680(G) and Section 20-7-2725(D) when an unexpected staff vacancy occurs. Provisional employment may only occur pursuant to the process provided in Section 20-7-2725(D)."

SECTION   4.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the committee amendment.

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