South Carolina General Assembly
119th Session, 2011-2012
Journal of the Senate


Printed Page 1 . . . . . Tuesday, January 11, 2011

Tuesday, January 11, 2011
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

From Hebrews we hear the words of the familiar verse:

"... since we are surrounded by so great a cloud of witnesses, let us lay aside   every weight and the sin that clings so closely, and let us run with perseverance   the race that is set before us ...."
(Hebrews 12:1)

Join me, please, as we bow in prayer:

Holy God, here in this Chamber--indeed, here in this State House itself, with grand portraits and rich memories wherever we turn--we are indeed "surrounded by so great a cloud of witnesses." As this new legislative year begins, we pray, O Lord, that by Your grace You will help each of these Senators and each staff member not only to be attuned to the responsibilities which are theirs, but also that You will guide them as they address the challenging work which looms ahead. May these leaders--may this State itself--be richly blessed here in 2011. And, as always, may the true glory, dear God, be ultimately Yours. Moreover, dear Lord, we further pray today that You will be with all who have been directly impacted by the recent tragedy in Tucson: those who lost loved ones, and those injured, including Congresswoman Gabrielle Gifford. In Your loving name we pray, Lord.
Amen.

Expression of Personal Interest

Senator SHEHEEN rose for an Expression of Personal Interest.

RECESS

At 12:22 P.M., on motion of Senator McCONNELL, the Senate receded from business until 5:00 P.M.

NIGHT SESSION

The Senate reassembled at 5:00 P.M. and was called to order by the PRESIDENT.


Printed Page 2 . . . . . Tuesday, January 11, 2011

Election of the PRESIDENT PRO TEMPORE

The PRESIDENT announced that nominations for the PRESIDENT Pro Tempore were in order.

Senators PEELER and LAND nominated Senator GLENN McCONNELL as PRESIDENT Pro Tempore.

Senator LARRY MARTIN moved that the nominations be closed and that Senator McCONNELL be elected PRESIDENT Pro Tempore by acclamation.

The PRESIDENT announced that Senator McCONNELL had been elected PRESIDENT Pro Tempore by acclamation.

Remarks by Senator McCONNELL

Senator McCONNELL was recognized for brief remarks.

Election of Senate Officers

The Senate proceeded to the election of Clerk of the Senate, the Reading Clerk, Chaplain and the Sergeant-at-Arms, en banc.

Senator McCONNELL placed the names of Mr. Jeffrey Stephen Gossett in nomination as Clerk of the Senate, Mr. John Othniel Wienges as Reading Clerk, Reverend Dr. James I. St. John as Chaplain and Mr. James R. Melton as Sergeant-at-Arms.

Senator McCONNELL moved that the nominations be closed and that Mr. Jeffrey Stephen Gossett be elected as Clerk of the Senate, Mr. John Othniel Wienges be elected as Reading Clerk, Reverend Dr. James I. St. John be elected as the Chaplain and Mr. James R. Melton be elected as Sergeant-at-Arms by acclamation.

The PRESIDENT announced that Mr. Jeffrey Stephen Gossett was elected Clerk of the Senate, Mr. John Othniel Wienges was elected Reading Clerk, Reverend Dr. James I. St. John was elected Chaplain and Mr. James R. Melton was elected Sergeant-at-Arms by acclamation.

Administration of the Oath of Office

The President Pro Tempore, Clerk, Reading Clerk, Sergeant-at-Arms and Chaplain presented themselves at the Bar, and the Oath of Office was administered to them by the PRESIDENT.


Printed Page 3 . . . . . Tuesday, January 11, 2011

Clerk's Appointments

The Clerk announced the following appointments:

Mr. Michael Hitchcock       Assistant Clerk and Assistant

Director of Research

Mrs. Darlene M. Griggs       Administrative Assistant

Mrs. Joyce D. Reid           Administrative Assistant

Mrs. Agnes H. Walker       General Desk Clerk

Mrs. Cynthia C. Aiken       Calendar Clerk

Mrs. Betty Graham           Chief Administrative Assistant

to the Clerk of the Senate

Mrs. Beth Dworjanyn         Director of Senate Finance

Mrs. Jean Tisdale           Bookkeeping

Mrs. Stephanie Jones-Fitts     Payroll/Personnel Specialist

Ms. Alicia Eatmon           Bill Clerk

Ms. Susan H. Edwards       Assistant Bill Clerk

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

COMMUNICATION RECEIVED
The Honorable Mick Mulvaney
P. O. Box 142
Columbia, SC 29223

The Honorable Andre Bauer
The Honorable Glenn McConnell
The Honorable Harvey Peeler
Members of the South Carolina Senate

Gentlemen:

It has been a pleasure to serve with each of you. I consider -- and will continue to regard -- my service in the South Carolina Senate as a most honorable pursuit in public service. However, the pleasant results of the November election have the unpleasant consequence of requiring me to leave this body.

In doing so I will regret the loss of participating regularly with so many whom I regard so highly, I will remember with fondness the friendships I established on the back row of the "other side" of the Chamber: friendships that crossed political boundaries, and in so doing, embody the best of the Senate. As for my own party, I will always value the guidance of the President Pro Tem, the leadership of


Printed Page 4 . . . . . Tuesday, January 11, 2011

the Senator from Cherokee, the wise counsel of my senior Senator from York -- and the principled stances of the Senators from Aiken, Anderson, Berkeley, Charleston, Edgefield, Laurens, Spartanburg and others. Most especially, I will consider it a great honor to continue to be associated with the Senators from Greer and Beaufort, who I have found to be among the most erudite, honest and dedicated men I have had the pleasure of encountering in the field of public service; it is a privilege beyond description to count them among my few close friends.

I hope that my service has established one thing, if nothing else: that I am a strong supporter of the State of South Carolina, of her people, and -- most importantly, to those who will continue to serve her in this body -- of her institutions and her constitutional sovereignty. I will continue to play that role in the national capitol. I have been a harsh critic of what I perceived as being Columbia's overreaching when it comes to matters more appropriately left to local government. I pledge to you that I will continue that healthy and reasoned skepticism of centralized government in my new role. I will be a defender of South Carolina in Washington; I will be a defender of this legislature in the federal chamber; I will be a defender of yours to my new colleagues. Indeed, in both my heart and my mind, I believe that sound and well-ordered state government is the best chance that this nation has at long-term prosperity, justice and freedom.

With that being said, please accept this irrevocable statement of my resignation from this body, pursuant to the terms of Section 8-1-145(A) of the S. C. Code of Laws, such resignation to be effective upon my swearing-in to the U. S. House of Representatives, January 5, 2011.

May God bless all of you, this Honorable Body, and the State of South Carolina and her people.
/s/ John Michael Mulvaney
S. C. Senate District 16 -- Lancaster and York Counties

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on August 23, 2010, at 11:00 A.M. and the following Acts were ratified:

(R353, S. 348 (Word version)) -- Senators Fair, Sheheen, S. Martin, Lourie, Shoopman, Knotts and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-13-825 SO AS TO REQUIRE FAMILY CHILDCARE


Printed Page 5 . . . . . Tuesday, January 11, 2011

OPERATORS AND CAREGIVERS ANNUALLY TO COMPLETE A MINIMUM OF TWO HOURS OF TRAINING APPROVED BY THE DEPARTMENT OF SOCIAL SERVICES AND TO REQUIRE THE DEPARTMENT TO POST ON ITS WEBSITE HOMES THAT ARE IN COMPLIANCE WITH THIS TRAINING REQUIREMENT AND THOSE THAT ARE NOT; AND TO AMEND SECTION 16-3-740, AS AMENDED, RELATING TO TESTING CRIMINAL OFFENDERS FOR SEXUALLY TRANSMITTED DISEASES WHEN A CRIME VICTIM HAS BEEN EXPOSED TO BODILY FLUIDS DURING THE COMMISSION OF THE CRIME, SO AS TO ESTABLISH A FORTY-EIGHT HOUR TIME FRAME WITHIN WHICH THE SOLICITOR MUST PETITION THE COURT TO HAVE THE OFFENDER TESTED WHEN THE VICTIM HAS MADE SUCH REQUEST.
L:\COUNCIL\ACTS\348AC10.DOCX

(R354, H. 4225 (Word version)) -- Reps. Rutherford, McLeod and Weeks: AN ACT TO AMEND SECTION 16-3-1400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE ARTICLE ON THE VICTIM ASSISTANCE PROGRAM, SO AS TO PROVIDE THAT THE TERM "VICTIM SERVICE PROVIDER" DOES NOT INCLUDE A MUNICIPAL COURT JUDGE, MAGISTRATES COURT JUDGE, CIRCUIT COURT JUDGE, SPECIAL CIRCUIT COURT JUDGE, OR FAMILY COURT JUDGE.
L:\COUNCIL\ACTS\4225AB10.DOCX

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Statewide Appointment

Initial Appointment, Solicitor for the Seventh Circuit, with the term to commence December 31, 2010 and to expire January 9, 2013
Barry J. Barnette, 115 Beechwood Drive, Spartanburg, SC 29307 VICE Trey Gowdy

Referred to the Committee on Judiciary.


Printed Page 6 . . . . . Tuesday, January 11, 2011

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 97 (Word version)     Sen. McConnell
S. 122 (Word version)     Sen. McConnell
S. 126 (Word version)     Sen. McConnell
S. 147 (Word version)     Sen. McConnell
S. 148 (Word version)     Sen. McConnell
S. 193 (Word version)     Sen. McConnell
S. 201 (Word version)     Sen. McConnell
S. 258 (Word version)     Sen. McConnell
S. 274 (Word version)     Sen. McConnell
S. 277 (Word version)     Sen. McConnell
S. 283 (Word version)     Sen. Knotts
S. 287 (Word version)     Sen. McConnell
S. 311 (Word version)     Sen. McConnell

Motion Adopted

Senator McCONNELL asked unanimous consent to make a motion that the list of prefiled Bills and Resolutions be entered in the Journal en banc as having been read and referred, as noted, unless any member shall make a motion to refer a Bill to a different committee.

There was no objection and the motion was adopted.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1 (Word version) -- Senators Campsen, McConnell, Leatherman, Peeler, Shoopman, Rose, Cleary, Verdin, Massey and S. Martin: A BILL RELATING TO REFORM OF THE SOUTH CAROLINA ELECTION LAWS BY ENACTING THE "SOUTH CAROLINA ELECTION REFORM ACT"; TO AMEND SECTION 7-13-710 OF THE 1976 CODE SO AS TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PERMITTING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED AND PROVIDE AN EXCEPTION FOR A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED; TO AMEND SECTION 56-1-3350, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST; TO AMEND SECTION 7-13-25, SO AS TO PROVIDE FOR AN EARLY VOTING PERIOD BEGINNING FIFTEEN DAYS BEFORE A STATEWIDE PRIMARY OR GENERAL ELECTION AND TO


Printed Page 7 . . . . . Tuesday, January 11, 2011

PROVIDE FOR THE HOURS AND EARLY VOTING LOCATION; TO AMEND SECTION 7-3-20, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE ELECTIONS COMMISSION TO MAINTAIN IN THE MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTERS IN A GENERAL ELECTION; TO AMEND SECTION 7-1-25, SO AS TO LIST FACTORS TO CONSIDER FOR DOMICILE; TO AMEND SECTION 7-5-230, SO AS TO REFERENCE REVISIONS TO SECTION 7-1-25; TO ADD SECTION 7-5-675, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION WILL ISSUE VOTER REGISTRATION CARDS WITH A PHOTOGRAPH OF THE VOTER; TO PROVIDE FOR A VOTER EDUCATION PROGRAM CONCERNING THE REQUIREMENTS OF THIS BILL.
l:\s-jud\bills\campsen\jud0035.hla.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 2 (Word version) -- Senators Leatherman, Peeler, McGill, Rose, Campsen and Setzler: A BILL TO AMEND SECTION 11-11-410 OF THE 1976 CODE, RELATING TO THE SPENDING LIMIT REQUIRED BY SECTION 7(C), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO REVISE THE LIMIT BY IMPOSING AN ANNUAL LIMIT WHICH SHALL BE THE GENERAL FUND REVENUES COLLECTED IN THE LATEST COMPLETED FISCAL YEAR PLUS SEVENTY-FIVE PERCENT OF ANY INCREASE IN RECURRING GENERAL FUND REVENUES, TO CREATE THE BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED TWENTY-FIVE PERCENT OF ANY INCREASE IN GENERAL FUND REVENUES, TO PROVIDE THAT FUNDS IN THE BUDGET STABILIZATION FUND SHALL BE USED TO OFFSET MID-YEAR REDUCTIONS, AND TO DEFINE EMERGENCIES AND PROVIDE FOR THE SUSPENSION OF THE SPENDING LIMIT IN CASE OF AN EMERGENCY.
l:\s-financ\drafting\hkl\006spen.dag.hkl.docx

Prefiled and referred to the Committee on Finance.

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

S. 3 (Word version) -- Senators McConnell, Peeler, McGill, Rose and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH


Printed Page 8 . . . . . Tuesday, January 11, 2011

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 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 TO GENERAL FUND REVENUES; TO PROVIDE FOR THE CREATION OF A BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT; AND TO PROVIDE BY GENERAL LAW FOR THE REVENUES TO WHICH THE LIMIT APPLIES, THE METHOD OF AND SOURCES FOR CALCULATING THE LIMIT, AND THE RESTRICTIONS ON DISBURSEMENTS FROM THE BUDGET STABILIZATION FUND.
l:\s-jud\bills\mcconnell\jud0007.kw.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 4 (Word version) -- Senators McConnell, Peeler, McGill, Rose, Campsen and Setzler: 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 IMPOSE AN ANNUAL LIMIT ON THE STATE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION BY RESTRICTING ANY INCREASE TO A PERCENTAGE THAT IS EQUAL TO THE AVERAGE ANNUAL PERCENTAGE CHANGE FROM THE PREVIOUS TEN COMPLETED STATE FISCAL YEARS; TO CREATE A SEPARATE BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT; TO PROVIDE FOR DISBURSEMENTS FROM THE BUDGET STABILIZATION FUND; TO DEFINE EMERGENCIES AND TO PROVIDE FOR SUSPENSION OF THIS


Printed Page 9 . . . . . Tuesday, January 11, 2011

APPROPRIATIONS LIMIT IN EMERGENCIES; AND TO PROVIDE FOR DISBURSEMENTS OF SURPLUS FUNDS.
l:\s-jud\bills\mcconnell\jud0002.kw.docx

Prefiled and referred to the Committee on Finance.

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

S. 5 (Word version) -- Senators Leatherman, Rose, McConnell and Campsen: A BILL TO AMEND CHAPTER 38, TITLE 1 OF THE 1976 CODE TO ENACT THE "HEALTHCARE FREEDOM ACT", BY ADDING SECTION 38-1-40 TO PROVIDE THAT A CITIZEN OF THIS STATE HAS THE RIGHT TO PURCHASE HEALTH INSURANCE OR REFUSE TO PURCHASE HEALTH INSURANCE, TO PROVIDE THAT THE GOVERNMENT MAY NOT ENACT A LAW THAT WOULD INTERFERE, RESTRICT, OR PUNISH A CITIZEN FOR EXERCISING THESE RIGHTS, AND TO PROVIDE THAT ANY LAW TO THE CONTRARY SHALL BE VOID AB INITIO.
l:\s-financ\drafting\hkl\002hcar.dag.hkl.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 6 (Word version) -- Senators Leatherman, McGill, Rose, McConnell and Campsen: A BILL TO RATIFY AN AMENDMENT TO SECTION 36(A), ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND, TO INCREASE FROM THREE TO FIVE PERCENT THE AMOUNT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND; AND TO RATIFY AN AMENDMENT TO SECTION 36(B) OF ARTICLE III, RELATING TO THE CAPITAL RESERVE FUND, TO PROVIDE THAT MONIES IN THE CAPITAL RESERVE FUND, IN ANY YEAR THE GENERAL RESERVE FUND DOES NOT HAVE THE REQUIRED PERCENTAGE OF GENERAL FUND REVENUE, FIRST MUST BE USED TO FULLY REPLENISH THE APPLICABLE PERCENTAGE AMOUNT IN THE GENERAL RESERVE FUND BEFORE BEING USED FOR OTHER AUTHORIZED PURPOSES WHICH DO NOT INCLUDE OFFSETTING MIDYEAR BUDGET REDUCTIONS.
l:\s-financ\drafting\hkl\005rati.dag.hkl.docx

Prefiled and referred to the Committee on Finance.

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


Printed Page 10 . . . . . Tuesday, January 11, 2011

S. 7 (Word version) -- Senators L. Martin, Peeler and Rose: A BILL TO AMEND ARTICLE 1, CHAPTER 7, TITLE 2 OF THE 1976 CODE, RELATING TO LEGISLATIVE ENACTMENTS, BY ADDING SECTION 2-7-125, TO REQUIRE BILLS AND JOINT RESOLUTIONS HAVING THE FORCE AND EFFECT OF LAW TO RECEIVE A RECORDED ROLL CALL VOTE AT VARIOUS STAGES OF THEIR PASSAGE BY THE HOUSE OF REPRESENTATIVES AND THE SENATE.
l:\s-res\lam\013roll.mrh.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 8 (Word version) -- Senators L. Martin, Peeler and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION BY AMENDING SECTION 18, RELATING TO FORMALITIES OF ACT, TO PROVIDE THAT NO BILL OR JOINT RESOLUTION SHALL HAVE THE FORCE OF LAW UNLESS THE NAMES OF THE PERSONS VOTING FOR AND AGAINST IT ARE ENTERED ON THE JOURNALS OF BOTH HOUSES, RESPECTIVELY.
l:\s-rules\drafting\lam\015reco.ec.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 9 (Word version) -- Senators L. Martin, Peeler, Rose, Campsen, Verdin and Cromer: A SENATE RESOLUTION TO AMEND RULE 16 OF THE RULES OF THE SENATE, RELATING TO VOTES BY AYES AND NOES AND THE REQUIREMENT THAT SENATORS PRESENT MUST VOTE, TO PROVIDE THAT RECORDED VOTES MUST BE TAKEN ON SECOND READING OF ALL BILLS AND RESOLUTIONS HAVING THE FORCE AND EFFECT OF LAW AND ON CERTAIN OTHER MATTERS.
l:\s-res\lam\014rule.mrh.lam.docx

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 10 (Word version) -- Senators McConnell, McGill, Rose and Campsen: A JOINT RESOLUTION TO CREATE THE COMMISSION ON STREAMLINING GOVERNMENT AND REDUCTION OF WASTE


Printed Page 11 . . . . . Tuesday, January 11, 2011

AND PROVIDE FOR THE MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION; TO PROVIDE A PROCEDURE FOR THE SUBMISSION, CONSIDERATION, APPROVAL, AND IMPLEMENTATION OF RECOMMENDATIONS OF THE COMMISSION; TO PROVIDE FOR STAFF SUPPORT AND FINANCES FOR THE COMMISSION; TO PROVIDE FOR COOPERATION WITH AND SUPPORT FOR THE COMMISSION; TO PROVIDE FOR THE APPLICABILITY OF OTHER LAWS; AND TO PROVIDE FOR ITS TERMINATION.
l:\s-jud\bills\mcconnell\jud0016.hla.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 11 (Word version) -- Senators McConnell, Cromer, Peeler, McGill, Rose, Grooms and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ENACTING THE "TAXPAYER FAIRNESS ACT" BY ADDING SECTION 12-4-397 SO AS TO PROVIDE THE MANNER IN WHICH THE SOUTH CAROLINA DEPARTMENT OF REVENUE MUST INTERPRET TAX STATUTES OF THIS STATE, TO PROVIDE THAT TERMS IN THE TAX STATUTES OF THIS STATE MAY NOT BE GIVEN BROADER MEANING THAN INTENDED BY POLICY DOCUMENTS AND REGULATIONS OF THE DEPARTMENT OF REVENUE, TO PROVIDE THAT AMBIGUITY IN TAX STATUTES MUST BE RESOLVED IN FAVOR OF THE TAXPAYER, TO REQUIRE THE DEPARTMENT TO REPORT AMBIGUITIES TO CERTAIN MEMBERS OF THE GENERAL ASSEMBLY, AND TO DEFINE "TAX STATUTES OF THIS STATE".
l:\s-res\gfm\001taxp.mrh.gfm.docx

Prefiled and referred to the Committee on Finance.

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

S. 12 (Word version) -- Senators McConnell, Davis, McGill, Rose, Campsen and Verdin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE SOUTH CAROLINA CONSTITUTION, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL DESIGNATE, AS IT DETERMINES, FUNDS IN THE STATE TREASURY AS TRUST FUNDS, TO PROVIDE THAT MONIES APPLIED TO A TRUST


Printed Page 12 . . . . . Tuesday, January 11, 2011

FUND MAY ONLY BE APPROPRIATED FOR THE DESIGNATED PURPOSE EXCEPT UPON THE ADOPTION OF A SEPARATE PIECE OF LEGISLATION ADOPTED BY A TWO-THIRDS VOTE IN EACH HOUSE; AND TO PROVIDE THAT A PROVISION DESIGNATING A FUND AS A TRUST FUND MAY ONLY BE AMENDED BY A SEPARATE PIECE OF LEGISLATION ADOPTED BY A TWO-THIRDS VOTE IN EACH HOUSE.
l:\s-jud\bills\mcconnell\jud0008.js.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 13 (Word version) -- Senators McConnell, Peeler, McGill, Rose and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-25 SO AS TO PROHIBIT A STATE OFFICER OR EMPLOYEE FROM AUTHORIZING AN EXPENDITURE OR OBLIGATION OR INVOLVE THE STATE IN A CONTRACT OR OBLIGATION WITHOUT APPROPRIATED FUNDS TO PAY THE EXPENDITURE OR OBLIGATION, TO PROHIBIT A STATE OFFICER OR EMPLOYEE FROM MAKING OR AUTHORIZING AN EXPENDITURE OR OBLIGATION EXCEEDING FUNDS AVAILABLE IN A QUARTERLY ALLOCATION PROGRAM, TO PROHIBIT A STATE OFFICER OR EMPLOYEE FROM EMPLOYING PERSONAL SERVICES EXCEEDING THOSE AUTHORIZED BY LAW AND PROVIDE EXCEPTIONS, TO PROVIDE EMPLOYMENT-RELATED PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THESE PENALTIES ARE IN ADDITION TO AND NOT IN LIEU OF ANY OTHER ADMINISTRATIVE OR CRIMINAL PENALTIES FOR VIOLATING OTHER SIMILAR PROVISIONS OF LAW.
l:\council\bills\nbd\11036htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 14 (Word version) -- Senators McConnell, Davis, Peeler, McGill, Rose and Campsen: A BILL TO AMEND CHAPTER 7, TITLE 2 OF THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 2-7-61, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL NOT INCREASE OR IMPLEMENT A FINE OR PENALTY IN THE GENERAL APPROPRIATIONS BILL AND MUST ONLY DO SO BY SEPARATE ACT, TO PROVIDE THAT A STATE AGENCY, DEPARTMENT, OR ENTITY MUST NOT INCREASE OR


Printed Page 13 . . . . . Tuesday, January 11, 2011

IMPLEMENT A FINE OR FEE BY REGULATION OR ADMINISTRATIVE ACTION, AND TO PROVIDE EXCEPTIONS.
l:\s-jud\bills\mcconnell\jud0033.pb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 15 (Word version) -- Senators McConnell, McGill, Rose, Campsen and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-85 SO AS TO PROVIDE FOR A ZERO BASE BUDGET PROCESS BEGINNING WITH FISCAL YEAR 2012-2013.
l:\council\bills\dka\3016sd11.docx

Prefiled and referred to the Committee on Finance.

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

S. 16 (Word version) -- Senators McConnell and McGill: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 37, SO AS TO PROVIDE THAT THE SENATE MUST ELECT FROM AMONG ITS MEMBERS A PRESIDENT OF THE SENATE TO PRESIDE OVER THE SENATE AND TO PERFORM OTHER DUTIES AS PROVIDED BY LAW; PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE PRESIDENT PRO TEMPORE OF THE SENATE, SO AS TO DELETE SECTION 9, WHICH PROVIDES THAT THE SENATE MUST CHOOSE A PRESIDENT PRO TEMPORE AND WHICH ALSO PROVIDES THAT A MEMBER OF THE SENATE ACTING AS LIEUTENANT GOVERNOR VACATES HIS SEAT AND ANOTHER PERSON IS ELECTED IN HIS STEAD; PROPOSING AN AMENDMENT TO ARTICLE IV, RELATING TO THE LIEUTENANT GOVERNOR AS PRESIDENT OF THE SENATE, BY DELETING SECTION 10, WHICH PROVIDES THAT THE LIEUTENANT GOVERNOR IS THE PRESIDENT OF THE SENATE; PROPOSING AN AMENDMENT TO SECTION 12, ARTICLE IV, RELATING TO THE DISABILITY OF THE GOVERNOR, SO AS TO PROVIDE THAT IF BOTH THE ATTORNEY GENERAL AND THE STATE TREASURER


Printed Page 14 . . . . . Tuesday, January 11, 2011

TRANSMIT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES A WRITTEN DECLARATION THAT THE GOVERNOR IS UNABLE TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE, THE LIEUTENANT GOVERNOR MUST ASSUME THE POWERS AND DUTIES OF THE OFFICE AS ACTING GOVERNOR.
l:\s-jud\bills\mcconnell\jud0030.pb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 17 (Word version) -- Senators McConnell, McGill, Rose, Campsen and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 27 TO CHAPTER 1, TITLE 1, SO AS TO PROVIDE THAT EACH STATE BOARD AND COMMISSION SHALL TAKE A RECORDED VOTE OF AN ACTION IT TAKES WHEN AWARDING COMPENSATION OR A METHODOLOGY FOR COMPUTING COMPENSATION OR BONUSES.
l:\s-jud\bills\mcconnell\jud0027.ssp.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 18 (Word version) -- Senators McConnell, McGill, Rose, Campsen, Verdin and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA TEACHER PROTECTION ACT OF 2011", BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A TEACHER MAY BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS A CRIMINAL OFFENSE AGAINST THE TEACHER IF THE OFFENSE OCCURS ON SCHOOL GROUNDS OR AT A SCHOOL-RELATED EVENT, OR IF THE OFFENSE IS DIRECTLY RELATED TO THE TEACHER'S PROFESSIONAL RESPONSIBILITIES, AND TO PROVIDE THAT NO TEACHER HAS CIVIL LIABILITY TO A STUDENT OR TO A PARTY ACTING IN THE INTEREST OF THE STUDENT FOR AN ACT OR OMISSION BY THE TEACHER THAT OCCURS WHILE THE TEACHER IS ACTING ON BEHALF OF THE SCHOOL.
l:\s-jud\bills\mcconnell\jud0019.jjg.docx

Prefiled and referred to the Committee on Education.

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


Printed Page 15 . . . . . Tuesday, January 11, 2011

S. 19 (Word version) -- Senators McConnell, Rose, Campsen, Verdin and Ryberg: A BILL TO AMEND SECTION 1-1-696, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S OFFICIAL LANGUAGE, SO AS TO PROVIDE THAT AFTER JULY 1, 2011, ALL STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE SHALL OFFER ALL SERVICES, PUBLICATIONS, PRINTED, AUDIO AND VIDEO MATERIALS, AND TEST IN AN ENGLISH-ONLY FORMAT, UNLESS OTHERWISE REQUIRED BY FEDERAL LAW OR REGULATION, AND TO PROVIDE EXCEPTIONS.
l:\s-jud\bills\mcconnell\jud0018.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 20 (Word version) -- Senators Grooms, McConnell, Thomas, Alexander, Leatherman, Knotts, Bryant, Hayes, Rose, Verdin, S. Martin, Peeler, L. Martin, Fair, Ryberg, Cromer, Campsen, Davis and Shoopman: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-250 TO PROVIDE THAT WHERE A LAW ENFORCEMENT OFFICER HAS REASONABLE SUSPICION THAT A PERSON STOPPED, DETAINED, OR ARRESTED BY LAW ENFORCEMENT IS AN ALIEN UNLAWFULLY IN THE UNITED STATES, THE OFFICER OR HIS AGENCY MUST FOLLOW CERTAIN PROCEDURES TO VERIFY HIS IMMIGRATION STATUS; AND TO AMEND ARTICLE 5, CHAPTER 9, TITLE 16, BY ADDING SECTION 16-9-480 TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNLAWFULLY IN THE UNITED STATES TO SOLICIT OR ATTEMPT TO SOLICIT WORK, AND TO PROVIDE PROCEDURES FOR VERIFYING IMMIGRATION STATUS.
l:\s-res\lkg\001alie.kmm.lkg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 21 (Word version) -- Senators McConnell and Rose: A BILL TO AMEND SECTION 42-1-130 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" LEGAL IMMIGRANTS AND ILLEGAL IMMIGRANTS, SO LONG AS THE EMPLOYER WAS NOT AWARE OF THE IMMIGRANT'S ILLEGAL STATUS PRIOR TO THE EMPLOYEE'S INJURY; TO AMEND SECTION 42-1-360, SO


Printed Page 16 . . . . . Tuesday, January 11, 2011

AS TO EXCLUDE FROM WORKERS' COMPENSATION ILLEGAL IMMIGRANTS WHOSE ILLEGAL STATUS WAS KNOWN TO THE EMPLOYER AT THE TIME OF THE IMMIGRANTS' HIRE AND ILLEGAL IMMIGRANTS WHOM THE EMPLOYER DISCOVERS THE ILLEGAL STATUS DURING EMPLOYMENT BUT BEFORE INJURY AND TO RESTRICT RECOVERY IN THESE CIRCUMSTANCES TO PROVISIONS IN CHAPTER 10, TITLE 41; AND TO AMEND SECTION 41-10-10, SO AS TO INCLUDE IN "WAGES" MEDICAL PAYMENTS PROVIDED TO ILLEGAL IMMIGRANTS EXCLUDED FROM WORKERS' COMPENSATION.
l:\s-jud\bills\mcconnell\jud0014.hla.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 22 (Word version) -- Senators Peeler, Campbell, Grooms, O'Dell, Cromer, Verdin, Bryant, Ryberg, Massey, Leatherman, S. Martin, Campsen, Davis, Fair, Rose, Shoopman and Alexander: A BILL TO AMEND THE 1976 CODE BY ENACTING THE "SOUTH CAROLINA FAIRNESS IN CIVIL JUSTICE ACT OF 2011" BY ADDING ARTICLE 5, CHAPTER 32, TITLE 15, RELATING TO PUNITIVE DAMAGES, TO PROVIDE LIMITS ON THE AWARD OF PUNITIVE DAMAGES IN ALL PERSONAL INJURY ACTIONS AND TO PROVIDE FOR CERTAIN PROCEDURES AND REQUIREMENTS RELATING TO THE AWARD OF THESE DAMAGES; BY ADDING SECTION 1-7-750 TO ENACT THE "PRIVATE ATTORNEY RETENTION SUNSHINE ACT" TO GOVERN THE RETENTION OF PRIVATE ATTORNEYS BY THE ATTORNEY GENERAL OR A SOLICITOR AND TO PROVIDE TERMS AND CONDITIONS GOVERNING THE RETAINER AGREEMENT INCLUDING LIMITS ON THE COMPENSATION OF OUTSIDE COUNSEL IN CONTINGENCY FEE CASES; TO AMEND SECTION 15-3-670, RELATING TO LIMITATIONS ON ACTIONS BASED ON UNSAFE OR DEFECTIVE IMPROVEMENTS TO REAL PROPERTY, TO PROVIDE THAT THE VIOLATION OF A BUILDING CODE DOES NOT CONSTITUTE PER SE FRAUD, GROSS NEGLIGENCE, OR RECKLESSNESS; TO AMEND SECTION 18-9-130, RELATING TO THE EFFECT OF A NOTICE OF APPEAL ON THE EXECUTION OF JUDGMENT, TO PROVIDE LIMITS FOR APPEAL BONDS; AND TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR THE


Printed Page 17 . . . . . Tuesday, January 11, 2011

MANDATORY USE OF SEATBELTS, TO DELETE LANGUAGE THAT PROVIDES THAT A VIOLATION OF THIS ARTICLE IS NOT NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND IS NOT ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.
l:\s-res\hsp\015tort.mrh.hsp.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 23 (Word version) -- Senators L. Martin, McConnell, Campsen and Shoopman: A BILL TO AMEND THE 1976 CODE BY ENACTING THE "SOUTH CAROLINA FAIRNESS IN CIVIL JUSTICE ACT OF 2011" BY ADDING ARTICLE 5, CHAPTER 32, TITLE 15, RELATING TO PUNITIVE DAMAGES, TO PROVIDE LIMITS ON THE AWARD OF PUNITIVE DAMAGES IN ALL PERSONAL INJURY ACTIONS AND TO PROVIDE FOR CERTAIN PROCEDURES AND REQUIREMENTS RELATING TO THE AWARD OF THESE DAMAGES; BY ADDING SECTION 1-7-750, TO ENACT THE "PRIVATE ATTORNEY RETENTION SUNSHINE ACT" TO GOVERN THE RETENTION OF PRIVATE ATTORNEYS BY THE ATTORNEY GENERAL OR A SOLICITOR AND TO PROVIDE TERMS AND CONDITIONS GOVERNING THE RETAINER AGREEMENT INCLUDING LIMITS ON THE COMPENSATION OF OUTSIDE COUNSEL IN CONTINGENCY FEE CASES; TO AMEND SECTION 15-3-670, RELATING TO LIMITATIONS ON ACTIONS BASED ON UNSAFE OR DEFECTIVE IMPROVEMENTS TO REAL PROPERTY, TO PROVIDE THAT THE VIOLATION OF A BUILDING CODE DOES NOT CONSTITUTE PER SE FRAUD, GROSS NEGLIGENCE, OR RECKLESSNESS; TO AMEND SECTION 18-9-130, RELATING TO THE EFFECT OF A NOTICE OF APPEAL ON THE EXECUTION OF JUDGMENT, TO PROVIDE LIMITS FOR APPEAL BONDS; AND TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR THE MANDATORY USE OF SEATBELTS, TO DELETE LANGUAGE THAT PROVIDES THAT A VIOLATION OF THIS ARTICLE IS NOT NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND IS NOT ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.
l:\s-rules\drafting\lam\017tort.ec.lam.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 18 . . . . . Tuesday, January 11, 2011

S. 24 (Word version) -- Senators Peeler, Davis, Rose, Campsen and Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
l:\s-res\hsp\014gove.mrh.hsp.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 25 (Word version) -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 108 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "DR. MARY MCLEOD BETHUNE" SPECIAL LICENSE PLATES.
l:\council\bills\swb\9822cm11.docx

Prefiled and referred to the Committee on Transportation.

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

S. 26 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 44-63-140 OF THE 1976 CODE, RELATING TO BIRTH CERTIFICATES FOR ADOPTED CHILDREN OR ADULTS INCLUDING FOREIGN ADOPTIONS, TO DELETE THE PROVISION REQUIRING A STATEMENT ON A CERTIFICATE OF FOREIGN BIRTH THAT THE CERTIFICATE IS NOT EVIDENCE OF UNITED STATES CITIZENSHIP.
l:\s-financ\drafting\hkl\004adop.dag.hkl.docx

Prefiled and referred to the Committee on Medical Affairs.

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

S. 27 (Word version) -- Senators Leatherman and McGill: A BILL TO AMEND SECTION 12-37-220 OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS INCLUDING AN EXEMPTION OF TWO PRIVATE PASSENGER VEHICLES OWNED OR LEASED BY A TOTALLY AND PERMANENTLY DISABLED VETERAN, TO PROVIDE THAT A TOTALLY AND PERMANENTLY DISABLED FIREFIGHTER ALSO QUALIFIES FOR THIS EXEMPTION.
l:\s-financ\drafting\hkl\001ffmo.dag.hkl.docx


Printed Page 19 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Finance.

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

S. 28 (Word version) -- Senators McConnell, McGill and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-500, SO AS TO PROVIDE THAT WHEN THE GOVERNOR LEAVES THE STATE, HE MUST NOTIFY THE LIEUTENANT GOVERNOR, WHETHER OR NOT THE POWER OF THE GOVERNOR'S OFFICE IS TRANSFERRED TO THE LIEUTENANT GOVERNOR; AND BY ADDING SECTION 1-3-630, SO AS TO DEFINE "EMERGENCY", "FULL AUTHORITY", AND "TEMPORARY ABSENCE" IN ORDER TO CLARIFY WHEN A LIEUTENANT GOVERNOR HAS THE FULL AUTHORITY TO ACT IN AN EMERGENCY IN THE EVENT OF THE TEMPORARY ABSENCE OF THE GOVERNOR FROM THE STATE.
l:\s-jud\bills\mcconnell\jud0031.pb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 29 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A DEFENDANT ON PROBATION, SO AS TO PROVIDE THAT IF THE DEFENDANT IS CONVICTED OF OR PLEADS GUILTY TO AN OFFENSE INVOLVING A VIOLENT ACT AGAINST A PERSON OR THE TAKING OF PROPERTY FROM A PERSON, AND THE DEFENDANT IS PLACED ON PROBATION, THE DEFENDANT MAY NOT BE PLACED ON PROBATION FOR ANY SUBSEQUENT OFFENSE.
l:\s-jud\bills\mcconnell\jud0023.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 30 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 22-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO MAGISTRATES' POWERS AND DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS AND COURTESY SUMMONS, SO AS TO PROVIDE THAT NO ARREST WARRANT SHALL BE ISSUED FOR THE ARREST OF A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL


Printed Page 20 . . . . . Tuesday, January 11, 2011

CAPACITY; AND TO PROVIDE THAT IF AN ARREST WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW ENFORCEMENT OFFICER, THE COURT MUST ISSUE A COURTESY SUMMONS, EXCEPT WHEN A BUSINESS IS SEEKING AN ARREST WARRANT FOR ANY OFFENSE AGAINST THE BUSINESS OR A PERSON IS SEEKING AN ARREST WARRANT FOR A FRAUDULENT CHECK, IF THE FRAUDULENT CHECK IS PRESENTED TO THE MAGISTRATE AT THE TIME THE WARRANT IS SOUGHT.
l:\s-jud\bills\mcconnell\jud0021.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 31 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 38-73-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF A HEARING AS A PREREQUISITE TO GRANTING OF AN INSURANCE RATE INCREASE, SO AS TO PROVIDE THAT A HEARING MUST BE HELD AS A PREREQUISITE TO GRANTING ANY INSURANCE RATE CHANGE, WHETHER AN INCREASE OR A DECREASE.
l:\s-jud\bills\mcconnell\jud0015.hla.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 32 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX CREDITS, BY ADDING SECTION 12-6-3588, SO AS TO ALLOW A STATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE CREDIT ALLOWED AGAINST A TAXPAYER'S FEDERAL INCOME TAX LIABILITY FOR QUALIFIED EXPENDITURES ON PHOTOVOLTAIC, SOLAR, AND FUEL CELL PROPERTY; AND TO AMEND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO INCLUDE AN EXEMPTION FOR THE PURCHASE OF MACHINERY, MACHINE TOOLS, AND ANY PART THEREOF THAT IS USED IN THE PRODUCTION OF ELECTRICITY FROM A RENEWABLE ENERGY SOURCE.
l:\s-jud\bills\mcconnell\jud0013.hla.docx


Printed Page 21 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Finance.

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

S. 33 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 2-19-40 RELATING TO EXEMPTIONS FROM PUBLIC HEARINGS FOR JUDICIAL CANDIDATES UNDER CERTAIN CIRCUMSTANCES BY THE JUDICIAL MERIT SELECTION COMMISSION.
l:\council\bills\ms\7051ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 34 (Word version) -- Senators McConnell, McGill and Rose: A BILL TO AMEND TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6, SO AS TO ESTABLISH THE PERMISSIBLE USE OF STATE-OWNED AIRCRAFT, TO PROHIBIT THE USE OF STATE-OWNED AIRCRAFT FOR PERSONAL USE, AND PROVIDE PENALTIES.
l:\s-jud\bills\mcconnell\jud0012.hla.docx

Prefiled and referred to the Committee on Transportation.

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

S. 35 (Word version) -- Senators McConnell and Verdin: A BILL TO AMEND SECTION 56-5-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAILURE OF A DRIVER TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE THAT A DRIVER MAY PROCEED TO A REASONABLY CLOSE AND SAFE LOCATION BEFORE STOPPING.
l:\s-jud\bills\mcconnell\jud0011.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 36 (Word version) -- Senators McConnell and McGill: A BILL TO AMEND ACT 99 OF 2007, RELATING TO THE SALES TAX EXEMPTION FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES, BY REPEALING SECTIONS 1B AND 1C, WHICH STATE THAT THE SALES TAX RATE ON DURABLE MEDICAL EQUIPMENT IS FIVE AND ONE-HALF PERCENT SUBJECT TO FURTHER REDUCTION BASED ON GENERAL FUND REVENUE GROWTH.


Printed Page 22 . . . . . Tuesday, January 11, 2011

l:\s-jud\bills\mcconnell\jud0006.kw.docx

Prefiled and referred to the Committee on Finance.

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

S. 37 (Word version) -- Senators McConnell, McGill and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2647, SO AS TO PROVIDE THAT THE SALES, USE, AND CASUAL EXCISE TAX REVENUES IN A FISCAL YEAR FROM THE SALE, USE, OR TITLING OF A VEHICLE REQUIRED TO BE REGISTERED AND LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES MUST BE CREDITED TO THE STATE HIGHWAY FUND AND AN EQUAL AMOUNT OF NONSTATE TAX SOURCE STATE HIGHWAY FUND REVENUES TRANSFERRED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK TO PROVIDE FOR THE USE OF THESE REVENUES; AND TO AMEND SECTION 11-43-160, AS AMENDED, RELATING TO REVENUE SOURCES OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO INCLUDE THE REVENUES DERIVED PURSUANT TO SECTION 12-36-2647 AS ADDED BY THIS ACT.
l:\s-jud\bills\mcconnell\jud0005.kw.docx

Prefiled and referred to the Committee on Finance.

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

S. 38 (Word version) -- Senators McConnell, L. Martin and Campsen: A BILL TO AMEND SECTION 56-3-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES APPLICATION FOR THE REGISTRATION AND LICENSING OF A VEHICLE, SO AS TO PROVIDE THAT THE APPLICATION MUST INCLUDE A VALID COPY OF THE OWNER'S SOUTH CAROLINA DRIVER'S LICENSE.
l:\s-jud\bills\mcconnell\jud0025.ssp.docx

Prefiled and referred to the Committee on Transportation.

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

S. 39 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND SECTION 15-36-10 OF THE 1976 CODE OF LAWS OF SOUTH CAROLINA, RELATING TO FRIVOLOUS CASES, SO AS TO ESTABLISH THAT A CASE DISMISSED BY A DIRECTED VERDICT OR SUMMARY JUDGMENT IS PRESUMED TO BE A


Printed Page 23 . . . . . Tuesday, January 11, 2011

PER SE FRIVOLOUS CASE, UNLESS THE COURT FINDS FOR GOOD CAUSE SHOWN IT WAS NOT FRIVOLOUS OR SANCTIONS SHOULD NOT BE IMPOSED.
l:\s-jud\bills\mcconnell\jud0009.js.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 40 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE OWNER-OCCUPANT OF RESIDENTIAL PROPERTY QUALIFIES FOR THE FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY, IF THE OWNER IS OTHERWISE QUALIFIED AND THE RESIDENCE IS NOT RENTED FOR MORE THAN NINETY DAYS A YEAR; TO ALLOW REFUNDS OR CREDITS TO OWNER-OCCUPANTS WHO QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO DUE TO THE AMENDMENTS CONTAINED HEREIN; TO DELETE OTHER REFERENCES TO RENTAL OF THESE RESIDENCES; AND TO AMEND SECTION 12-54-240 RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS WITH THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT VERIFICATION THAT THE FEDERAL SCHEDULE E CONFORMS WITH THE SAME DOCUMENT REQUIRED BY A COUNTY ASSESSOR IS NOT PROHIBITED.
l:\s-jud\bills\mcconnell\jud0003.kw.docx

Prefiled and referred to the Committee on Finance.

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

S. 41 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MISSING PERSON INFORMATION CENTER, SO AS TO CHANGE THE DEFINITION OF "MISSING CHILD" AND "MISSING PERSON".
l:\s-jud\bills\mcconnell\jud0020.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 24 . . . . . Tuesday, January 11, 2011

S. 42 (Word version) -- Senators McConnell and Verdin: A BILL TO AMEND CHAPTER 27, TITLE 46, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE PROCESSING OF VENISON, BY ADDING SECTION 46-27-55, SO AS TO PERMIT A VENISON PROCESSOR THAT IS AN OFFICIAL ESTABLISHMENT CERTIFIED BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION OR THE UNITED STATES DEPARTMENT OF AGRICULTURE TO SELL OR UTILIZE CERTAIN DEER PARTS FOR PET FOOD; AND TO AMEND SECTION 50-11-1910 SO AS TO PERMIT A VENISON PROCESSOR TO SELL CERTAIN DEER PARTS TO BE UTILIZED AS PET FOOD.
l:\s-jud\bills\mcconnell\jud0017.hla.docx

Prefiled and referred to the Committee on Agriculture and Natural Resources.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 43 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 39-5-37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A NAME TO MISREPRESENT THE GEOGRAPHICAL LOCATION OF A BUSINESS AS AN UNLAWFUL TRADE PRACTICE, SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE TO PUBLISH IN A TELEPHONE ASSISTANCE DATABASE OR A PRINT ADVERTISEMENT AN INTENTIONALLY MISLEADING REPRESENTATION OF THE GEOGRAPHICAL LOCATION OF THE BUSINESS, AND TO PROVIDE AN EXCEPTION FOR PROVIDERS OF TELEPHONE SERVICES OR TELEPHONE DIRECTORIES.
l:\s-jud\bills\mcconnell\jud0004.kw.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 44 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 63-3-530 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ADDED BY ACT 361 OF 2008, RELATING TO CHILD SUPPORT PAYMENTS, SO AS TO PERMIT A FAMILY COURT JUDGE TO MAKE AN ORDER FOR CHILD SUPPORT RUN PAST THE AGE OF EIGHTEEN IF THE CHILD IS ENROLLED AND STILL ATTENDING HIGH SCHOOL, NOT TO EXCEED HIGH SCHOOL GRADUATION OR THE END OF THE SCHOOL YEAR


Printed Page 25 . . . . . Tuesday, January 11, 2011

AFTER THE CHILD REACHES NINETEEN YEARS OF AGE, WHICHEVER OCCURS FIRST.
l:\s-jud\bills\mcconnell\jud0010.js.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 45 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 15, TITLE 17 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 17-15-55, SO AS TO PROVIDE THAT THE CIRCUIT COURT SHALL CONSIDER MOTIONS REGARDING RECONSIDERATION OF BOND FOR GENERAL SESSIONS OFFENSES SET BY A SUMMARY COURT JUDGE; TO PROVIDE THAT FURTHER DEFENSE MOTIONS TO RECONSIDER BOND MAY BE HEARD BY THE CIRCUIT COURT ONLY UPON THE DEFENDANT'S PRIMA FACIE SHOWING OF A MATERIAL CHANGE IN CIRCUMSTANCE; TO PROVIDE THAT MOTIONS BY THE STATE TO REVOKE OR MODIFY A DEFENDANT'S BOND MUST BE MADE IN WRITING, STATE WITH PARTICULARITY THE GROUNDS FOR REVOCATION OR MODIFICATION, AND SET FORTH THE RELIEF OR ORDER SOUGHT; AND TO PROVIDE THAT, IF THE STATE'S MOTION TO REVOKE OR MODIFY BOND INCLUDES A PRIMA FACIE SHOWING OF IMMINENT DANGER TO THE COMMUNITY, OR IMMINENT DANGER TO THE DEFENDANT, OR FLIGHT BY THE DEFENDANT, THE CHIEF JUDGE OR PRESIDING JUDGE SHALL CONDUCT OR ORDER AN EMERGENCY HEARING WITHIN FORTY-EIGHT HOURS.
l:\s-jud\bills\mcconnell\jud0024.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 46 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 50-21-870 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WEARING OF PERSONAL FLOTATION DEVICES ON PERSONAL WATERCRAFT, SO AS TO PROVIDE THAT A PERSON IS NOT REQUIRED TO WEAR A PERSONAL FLOTATION DEVICE IF THE PERSON IS IN POSSESSION OF A PERSONAL WATERCRAFT THAT IS LOCATED IN THREE FEET OF WATER OR LESS, AND IS ANCHORED, AND THE ENGINE IS NOT OPERATING.
l:\s-jud\bills\mcconnell\jud0026.ssp.docx


Printed Page 26 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Fish, Game and Forestry.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 47 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 23 OF TITLE 57 OF THE 1976 CODE, RELATING TO VEGETATION MANAGEMENT ALONG ROADSIDES, SO AS TO PERMIT THE DEPARTMENT OF TRANSPORTATION TO MAINTAIN AND MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO SAM RITTENBERG BOULEVARD IN CHARLESTON COUNTY.
l:\s-jud\bills\mcconnell\jud0029.pb.docx

Prefiled and referred to the Committee on Transportation.

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

S. 48 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND ACT 200 OF 2002, RELATING TO THE SOUTH CAROLINA CONSERVATION BANK ACT, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT NO FURTHER DEED RECORDING FEES OR OTHER FUNDS MAY BE CREDITED TO THE CONSERVATION BANK TRUST FUND IN ANY YEAR WHEN A MAJORITY OF STATE AGENCY APPROPRIATIONS ARE REDUCED IN THE ANNUAL GENERAL APPROPRIATIONS ACT OR WHEN THE STATE BUDGET AND CONTROL BOARD IMPOSES ACROSS THE BOARD CUTS AND INSTEAD PROVIDE FOR A REDUCTION ON A PERCENTAGE BASIS IN THE AMOUNT OF DEED RECORDING FEES WHICH MAY BE TRANSFERRED TO THE TRUST FUND, AND TO EXTEND THE EXPIRATION DATE OF THE PROVISIONS OF LAW RELATING TO THE CONSERVATION BANK ACT AND OTHER RELATED DATES PERTAINING TO THE CLOSURE OF THE CONSERVATION BANK ACT AND CONSERVATION BANK FUND.
l:\s-jud\bills\mcconnell\jud0032.pb.docx

Prefiled and referred to the Committee on Finance.

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

S. 49 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 1-30-80, RELATING TO THE FUNCTIONS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION


Printed Page 27 . . . . . Tuesday, January 11, 2011

AND TOURISM, SO AS TO PROVIDE ADDITIONAL USES OF FUNDS AVAILABLE TO THE DEPARTMENT FOR THE FILM MARKETING PROGRAM OF THE SOUTH CAROLINA FILM COMMISSION; BY ADDING SECTION 12-62-25, SO AS TO ALLOW THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO IMPLEMENT AN APPLICATION FEE FOR MOTION PICTURE INCENTIVES ADMINISTERED BY THE SOUTH CAROLINA FILM COMMISSION, AND TO ALLOW THE DEPARTMENT TO RETAIN THE FEE REVENUE FOR THE USE OF THE COMMISSION IN THE ADMINISTRATION OF THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT; TO AMEND SECTIONS 12-62-50 AND 12-62-60, RELATING TO THE MAXIMUM REBATE AUTHORIZED FOR QUALIFYING MOTION PICTURE PRODUCTION COMPANIES FOR THEIR PAYROLLS SUBJECT TO STATE INCOME TAX WITHHOLDING AND THEIR OTHER IN-STATE EXPENDITURES; AND TO AMEND SECTION 12-62-100, SO AS TO REMOVE THE REFERENCE TO "RULES".
l:\s-jud\bills\mcconnell\jud0034.ssp.docx

Prefiled and referred to the Committee on Finance.

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

S. 50 (Word version) -- Senators McConnell, Rose, Campsen and Verdin: A BILL TO AMEND SECTION 8-13-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON FORMER PUBLIC OFFICIALS, PUBLIC MEMBERS, OR PUBLIC EMPLOYEES SERVING AS A LOBBYIST OR ACCEPTING EMPLOYMENT IN THE FIELD OF FORMER SERVICE, SO AS TO PROHIBIT FORMER PUBLIC OFFICIALS, PUBLIC MEMBERS, OR PUBLIC EMPLOYEES FROM SERVING AS A LOBBYIST OR REPRESENTING CLIENTS BEFORE THE AGENCY OR DEPARTMENT ON WHICH HE FORMERLY SERVED AND FROM ACCEPTING EMPLOYMENT FROM A PERSON WHO IS REGULATED BY THE AGENCY OR DEPARTMENT ON WHICH THE FORMER PUBLIC OFFICIAL, FORMER PUBLIC MEMBER, OR FORMER PUBLIC EMPLOYEE SERVED OR WAS EMPLOYED FOR A PERIOD OF AT LEAST ONE YEAR AFTER TERMINATION OF PUBLIC SERVICE OR EMPLOYMENT.
l:\s-jud\bills\mcconnell\jud0036.hla.docx


Printed Page 28 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Judiciary.

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

S. 51 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS IN NORTH CHARLESTON IDENTIFIED AS THE "SEVEN MILE VIADUCT" THE "P. H. LIVINGSTON OVERPASS" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS OVERPASS THAT CONTAIN THE WORDS "P. H. LIVINGSTON OVERPASS".
l:\s-jud\bills\mcconnell\jud0028.hla.docx

Prefiled and referred to the Committee on Transportation.

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

S. 52 (Word version) -- Senators McConnell, Knotts and Nicholson: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 2, 2011, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2011; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2011; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2012, AND THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2018; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 9, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2015; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE SUBSEQUENT FULL TERM THAT EXPIRES JUNE 30, 2016.
l:\s-jud\bills\mcconnell\jud0041.js.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 29 . . . . . Tuesday, January 11, 2011

S. 53 (Word version) -- Senator L. Martin: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE 1976 CODE, BY ADDING ARTICLE 19 TO ESTABLISH A PROCEDURE FOR THE ISSUANCE OF PERMANENT AND EMERGENCY CIVIL NO-CONTACT ORDERS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE DURATION OF CIVIL NO-CONTACT ORDERS, TO PROVIDE NECESSARY DEFINITIONS, TO PROVIDE A PENALTY FOR THE VIOLATION OF CIVIL NO-CONTACT ORDERS.
l:\s-res\lam\011civi.mrh.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 54 (Word version) -- Senator L. Martin: A BILL TO AMEND CHAPTER 2, TITLE 56 OF THE 1976 CODE, RELATING TO SPECIALIZED VEHICLES, BY ADDING SECTION 56-2-105 TO REQUIRE PERMITTED GOLF CARTS TO OPERATE ONLY WITHIN TWO MILES OF THE ADDRESS ON THE REGISTRATION AND TO REQUIRE PERMITS BE REPLACED EVERY FIVE YEARS OR AT THE TIME OF ADDRESS CHANGE; AND TO REPEAL SECTION 56-3-115.
l:\s-rules\drafting\lam\016golf.ec.lam.docx

Prefiled and referred to the Committee on Transportation.

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

S. 55 (Word version) -- Senator L. Martin: A BILL TO REQUIRE THE SOUTH CAROLINA BUILDING CODES COUNCIL TO ADOPT CERTAIN SEISMIC AND WIND MAPS FOR THE STATE UNTIL THE YEAR 2012 WHEN THE INTERNATIONAL RESIDENTIAL CODE (IRC) IS ADOPTED IN THIS STATE; AND TO AMEND CHAPTER 9, TITLE 6, BY ADDING SECTION 6-9-140 TO PROVIDE THAT A COMMUNITY MAY ADOPT CERTAIN PROVISIONS NECESSARY TO PREVENT ITS RATING FOR PURPOSES OF PREMIUM CREDITS FROM BEING RETROGRADED.
l:\s-res\lam\007buil.mrh.lam.docx

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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


Printed Page 30 . . . . . Tuesday, January 11, 2011

S. 56 (Word version) -- Senator L. Martin: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 61-4-95 TO CREATE THE OFFENSE OF UNLAWFULLY PROVIDING BEER OR WINE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN GREAT BODILY INJURY OR DEATH RESULTS TO THE PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANOTHER PERSON AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 61-6-4083 TO CREATE THE OFFENSE OF UNLAWFULLY PROVIDING ALCOHOLIC LIQUORS TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN GREAT BODILY INJURY OR DEATH RESULTS TO THE PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANOTHER PERSON AND TO PROVIDE PENALTIES.
l:\s-res\lam\010unde.mrh.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 57 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 47-3-750 OF THE 1976 CODE, RELATING TO THE SEIZURE AND IMPOUNDMENT OF A DANGEROUS ANIMAL, TO PROVIDE THAT ANY DANGEROUS ANIMAL THAT ATTACKS A HUMAN BEING OR DOMESTIC ANIMAL MUST BE SEIZED AND IMPOUNDED WHILE ANY PROCEEDING PURSUANT TO THIS ARTICLE IS PENDING.
l:\s-res\lam\009anim.mrh.lam.docx

Prefiled and referred to the Committee on Agriculture and Natural Resources.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 58 (Word version) -- Senators L. Martin, Rose and Campsen: A BILL TO AMEND SECTION 62-1-308 OF THE 1976 CODE, RELATING TO APPEALS FROM THE PROBATE COURT, TO PROVIDE THAT THE COURT OF APPEALS WILL DIRECTLY HEAR APPEALS FROM THE PROBATE COURT.
l:\s-res\lam\001prob.mrh.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 59 (Word version) -- Senator L. Martin: A BILL TO AMEND ARTICLE 31, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO TRAFFIC RULES, BY ADDING SECTION 56-5-3815, TO


Printed Page 31 . . . . . Tuesday, January 11, 2011

PROVIDE THAT IT IS UNLAWFUL TO DRIVE CARELESSLY AS A RESULT OF BEING DISTRACTED, TO DEFINE CARELESSLY, AND TO PROVIDE FOR A FIFTY DOLLAR FINE WITH NO POINTS ASSIGNED.
l:\s-rules\drafting\lam\014dist.ec.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 60 (Word version) -- Senators L. Martin and Campsen: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 20-1-110 TO PROVIDE THAT COMMON-LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2011, AND TO PROVIDE AN EXCEPTION FOR A COMMON-LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2010; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
l:\s-res\lam\003comm.mrh.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 61 (Word version) -- Senators L. Martin and Rose: A BILL TO AMEND THE 1976 CODE, BY ADDING SECTION 27-37-45 TO PROVIDE CERTAIN DEFINITIONS, AND TO PROVIDE GROUNDS AND PROCEDURES FOR AN EXPEDITED TENANT EJECTMENT; TO AMEND SECTION 8-21-1010, RELATING TO THE SCHEDULE OF FEES AND COSTS COLLECTED BY MAGISTRATES, TO PROVIDE A FILING FEE FOR AN ACTION FOR EXPEDITED TENANT EJECTMENT; AND TO AMEND SECTION 22-1-17, RELATING TO CONTINUING EDUCATION FOR MAGISTRATES, TO PROVIDE SOUTH CAROLINA COURT ADMINISTRATION MAY ESTABLISH A CONTINUING EDUCATION PROGRAM CONCERNING LANDLORD AND TENANT RIGHTS THAT MAGISTRATES, LANDLORDS, TENANTS, AND LAW ENFORCEMENT OFFICIALS MAY ATTEND.
l:\s-res\lam\004tena.mrh.lam.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 32 . . . . . Tuesday, January 11, 2011

S. 62 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 11-11-156 OF THE 1976 CODE, RELATING TO THE HOMESTEAD EXEMPTION FUND, TO DEFINE SCHOOL OPERATING PURPOSES; AND TO AMEND 12-37-220, RELATING TO THE PROPERTY TAX EXEMPTION ON TAXES IMPOSED FOR SCHOOL OPERATING PURPOSES FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO DEFINE SCHOOL OPERATING PURPOSES AND TO SPECIFY THAT THE EXEMPTION DOES NOT EXTEND TO PAYMENTS MADE PURSUANT TO A FINANCING AGREEMENT.
l:\s-financ\drafting\lam\001lppr.dag.lam.docx

Prefiled and referred to the Committee on Finance.

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

S. 63 (Word version) -- Senator L. Martin: A BILL TO AMEND THE 1976 CODE, BY ADDING SECTION 14-1-240 TO IMPOSE A SURCHARGE ON CASES INVOLVING CRIMINAL DOMESTIC VIOLENCE OFFENSES IN A COURT IN THIS STATE, TO PROVIDE FOR THE USE OF THE REVENUE COLLECTED FROM THIS SURCHARGE, TO EXPRESS THE INTENTION THAT THIS REVENUE NOT BE USED TO SUPPLANT EXISTING FUNDING FOR CERTAIN SERVICES RELATED TO THE CRIMINAL DOMESTIC VIOLENCE PROSECUTION, AND TO ENABLE THE STATE AUDITOR TO EXAMINE CERTAIN RELATED FINANCIAL RECORDS AT THE REQUEST OF THE STATE TREASURER.
l:\s-res\lam\005viol.mrh.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 64 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 12-6-3385 OF THE 1976 CODE, RELATING TO REFUNDABLE STATE INCOME TAX CREDITS, TO PROVIDE THAT A STUDENT IS DEFINED AS A PERSON WHO HAS COMPLETED AT LEAST TWENTY-FOUR CREDIT HOURS.
l:\s-res\lam\006tuit.ebd.lam.docx

Prefiled and referred to the Committee on Finance.

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

S. 65 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 56-1-30 OF THE 1976 CODE, RELATING TO PERSONS WHO ARE EXEMPT FROM OBTAINING A DRIVER'S LICENSE, TO


Printed Page 33 . . . . . Tuesday, January 11, 2011

PROVIDE PENALTIES FOR A NONRESIDENT WHO OPERATES A VEHICLE WHEN HIS LICENSE IS SUSPENDED, REVOKED, OR CANCELLED BY HIS HOME JURISDICTION; TO AMEND SECTION 56-1-440, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, TO PROVIDE ADDITIONAL PENALTIES FOR A PERSON WHO VIOLATES THIS SECTION WHO IS CONVICTED OF A VIOLATION FOR WHICH SUSPENSION OR REVOCATION OF THE PRIVILEGE TO OPERATE A VEHICLE IS MANDATORY; TO AMEND SECTIONS 56-1-745 AND 56-1-746, BOTH RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF VARIOUS VIOLATIONS, TO PROVIDE ADDITIONAL PENALTIES FOR A VIOLATION; AND TO AMEND SECTION 56-1-1020, RELATING TO PENALTIES IMPOSED UPON AN HABITUAL OFFENDER, TO REVISE THE OFFENSES UPON WHICH A CONVICTION CAUSES A PERSON TO BE LABELED AN HABITUAL OFFENDER.
l:\s-res\lam\008driv.mrh.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 66 (Word version) -- Senators Matthews, Land, Williams, Leventis and Hutto: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SYSTEM OF FREE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH, ORGANIZE, AND SUPPORT PUBLIC INSTITUTIONS OF LEARNING THAT WILL PROVIDE A HIGH QUALITY EDUCATION, ALLOWING EACH STUDENT TO REACH HIS HIGHEST POTENTIAL.
l:\council\bills\agm\18195bh11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 67 (Word version) -- Senator Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION AND REFERENDUM AND TO PROVIDE EXCEPTIONS.


Printed Page 34 . . . . . Tuesday, January 11, 2011

l:\council\bills\bbm\9825htc11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 68 (Word version) -- Senator Thomas: A BILL TO ENACT THE "SOUTH CAROLINA ZERO-BASE BUDGET ACT" BY ADDING CHAPTER 32 TO TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH THE ZERO-BASE BUDGET COMMITTEE AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
l:\council\bills\bbm\9824htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 69 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 27 TO CHAPTER 1, TITLE 1 SO AS TO REQUIRE CERTAIN BILLS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY TO RECEIVE A RECORDED ROLL CALL VOTE AT VARIOUS STAGES OF THEIR CONSIDERATION BY THE HOUSE OF REPRESENTATIVES AND THE SENATE, AND TO REQUIRE RECORDED ROLL CALL VOTES BY THE GOVERNING BODY OF CERTAIN LOCAL JURISDICTIONS ON SPECIFIED MATTERS.
l:\council\bills\dka\3002sd11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 70 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 77, TITLE 38 SO AS TO REQUIRE AUTOMOTIVE REPAIR FACILITIES AND INSURERS TO PROVIDE CERTAIN DISCLOSURES REGARDING THE USE OF AFTERMARKET CRASH PARTS, AND TO PROVIDE DEFINITIONS, EXEMPTIONS, AND PENALTIES.
l:\council\bills\ggs\22667zw11.docx

Prefiled and referred to the Committee on Banking and Insurance.

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


Printed Page 35 . . . . . Tuesday, January 11, 2011

S. 71 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 8-13-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEMENT OF ECONOMIC INTERESTS REQUIRED TO BE FILED BY PUBLIC OFFICIALS, PUBLIC MEMBERS, AND CERTAIN PUBLIC EMPLOYEES, SO AS TO REQUIRE THE REPORTING INDIVIDUAL AND THAT INDIVIDUAL'S SPOUSE TO REPORT THE SOURCE, BUT NOT THE AMOUNT, OF ALL PRIVATE INCOME OF MORE THAN TWO HUNDRED DOLLARS AND PROVIDE THE MANNER OF SUCH DISCLOSURE AND TO REQUIRE PUBLIC OFFICIALS, PUBLIC MEMBERS, AND CERTAIN PUBLIC EMPLOYEES TO REPORT POSITIONS HELD BY THE REPORTING INDIVIDUAL, TO DESCRIBE THOSE POSITIONS WHICH MUST BE REPORTED, AND TO PROVIDE EXCEPTIONS.
l:\council\bills\bbm\9833htc11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 72 (Word version) -- Senator Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION OF 2014, ANY PERSON WHO HAS SERVED AT LEAST FOUR FULL TERMS IN THE HOUSE OF REPRESENTATIVES OR WHO HAS SERVED AT LEAST TWELVE YEARS IN THE GENERAL ASSEMBLY IN EITHER THE HOUSE OF REPRESENTATIVES OR THE SENATE, IS NOT ELIGIBLE TO SERVE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND TO PHASE THIS PROVISION IN ON A STAGGERED BASIS BASED ON HOUSE SENIORITY, AND TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION OF 2014, ANY PERSON WHO HAS SERVED AT LEAST TWO FULL TERMS IN THE SENATE OR WHO HAS SERVED AT LEAST TWELVE YEARS IN THE GENERAL ASSEMBLY IN EITHER THE HOUSE OR THE SENATE, IS NOT ELIGIBLE TO SERVE AS A MEMBER OF THE SENATE, AND TO PHASE THIS PROVISION IN ON A STAGGERED BASIS BASED ON SENATE SENIORITY; BY PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV, RELATING TO THE ELECTION,


Printed Page 36 . . . . . Tuesday, January 11, 2011

TERM, AND QUALIFICATIONS FOR THE OFFICE OF LIEUTENANT GOVERNOR, SO AS TO PROVIDE THAT BEGINNING WITH THE 2014 GENERAL ELECTION, A PERSON MAY NOT BE ELECTED LIEUTENANT GOVERNOR FOR MORE THAN TWO SUCCESSIVE TERMS; BY PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V, RELATING TO, AMONG OTHER THINGS, THE OFFICE OF CIRCUIT SOLICITOR AND THE TERM THEREFORE, SO AS TO PROVIDE THAT BEGINNING WITH A PERSON ELECTED CIRCUIT SOLICITOR IN THE 2014 GENERAL ELECTION, A PERSON MAY NOT BE ELECTED CIRCUIT SOLICITOR FOR MORE THAN TWO SUCCESSIVE TERMS; AND BY PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE TERMS AND COMPENSATION OF THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO PROVIDE THAT BEGINNING WITH PERSONS ELECTED TO THESE OFFICES IN THE 2014 GENERAL ELECTION, A PERSON MAY NOT BE ELECTED TO ANY ONE OF THESE OFFICES FOR MORE THAN TWO SUCCESSIVE TERMS.
l:\council\bills\bbm\9826htc11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 73 (Word version) -- Senators Thomas and Rose: 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


Printed Page 37 . . . . . Tuesday, January 11, 2011

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 AND TO MAKE CONFORMING AMENDMENTS.
l:\council\bills\bbm\9822htc11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 74 (Word version) -- Senator Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 4 SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.
l:\council\bills\bbm\9827htc11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 75 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-128 SO AS TO PROVIDE AN AUTOMOBILE INSURANCE POLICY MUST DISCLOSE WHETHER THE INSURER ISSUING THE POLICY MAY DENY COVERAGE TO AN INSURED MAKING A CLAIM FOR DAMAGES RESULTING FROM A SINGLE-VEHICLE COLLISION IN WHICH THERE IS NO WITNESS OTHER THAN THE INSURED, AND MUST DISCLOSE WHETHER THE INSURER ISSUING THE POLICY MAY MAKE THIS DENIAL EVEN IF THE ACCIDENT WAS CAUSED BY THE DRIVER OF ANOTHER VEHICLE.
l:\council\bills\agm\18153ab11.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 76 (Word version) -- Senators Hayes and Rose: A JOINT RESOLUTION TO PROMOTE MAJOR GENERAL STANHOPE S. SPEARS TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 11, 2011.


Printed Page 38 . . . . . Tuesday, January 11, 2011

l:\council\bills\ggs\22660zw11.docx

Prefiled and referred to the General Committee.

Read the first time and referred to the General Committee.

S. 77 (Word version) -- Senators Hayes and Rose: A BILL TO AMEND SECTION 6-27-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO LINK THE DISTRIBUTION RATIO TO THE MOST RECENT ANNUAL POPULATION ESTIMATE AS PROVIDED BY THE UNITED STATES CENSUS BUREAU.
l:\council\bills\ggs\22672zw11.docx

Prefiled and referred to the Committee on Finance.

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

S. 78 (Word version) -- Senators Hayes and Lourie: A BILL TO AMEND SECTION 44-53-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATERIALS, COMPOUNDS, MIXTURES, AND PREPARATIONS CLASSIFIED AS SCHEDULE I DRUGS, SO AS TO ADD SYNTHETIC CANNABIS TO THE LIST OF SCHEDULE I DRUGS.
l:\council\bills\ms\7055ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 79 (Word version) -- Senators Hayes, Rose and McConnell: A BILL TO AMEND SECTION 8-13-1320 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRIBUTIONS WITHIN A SPECIFIED PERIOD AFTER PRIMARY, SPECIAL, OR GENERAL ELECTION ATTRIBUTED TO THE PRIMARY OR ELECTION, SO AS TO PROVIDE SPECIFIC PROVISIONS FOR CONTRIBUTIONS MADE IN A PRIMARY RUNOFF.
l:\s-jud\bills\hayes\jud0040.ssp.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 80 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED FILINGS FOR CLOSING AN ESTATE IN THE PROBATE COURT, SO AS TO ALLOW AN INTERESTED PERSON TO WAIVE THE FILING OF AN ACCOUNTING, A


Printed Page 39 . . . . . Tuesday, January 11, 2011

PROPOSAL FOR DISTRIBUTION OF ASSETS, OR A NOTICE OF THE RIGHT TO DEMAND A HEARING.
l:\council\bills\ms\7056ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 81 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-19-130 SO AS TO ADOPT THE "AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE", AND FOR OTHER PURPOSES; AND TO REPEAL SECTIONS 7-19-70, 7-19-80, 7-19-90, 7-19-100, AND 7-19-120, ALL RELATING TO PRESIDENTIAL ELECTORS.
l:\council\bills\ggs\22695zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 82 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A PERSON WHOSE ACTIVITIES INCLUDE THOSE RELATED TO LOBBYING AND TO PROVIDE EXCEPTIONS.
l:\council\bills\ggs\22694zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 83 (Word version) -- Senator Ford: A BILL TO AMEND SECTIONS 63-19-2440 AND 63-19-2450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS BY PERSONS UNDER AGE TWENTY-ONE, SECTIONS 61-4-50 AND 61-6-4080, RELATING TO THE UNLAWFUL SALE OF BEER, WINE, OR ALCOHOLIC LIQUORS TO PERSONS UNDER AGE TWENTY-ONE, AND SECTIONS 61-4-90 AND 61-6-4070, RELATING TO THE UNLAWFUL TRANSFER OF BEER, WINE, OR ALCOHOLIC LIQUORS FOR THE CONSUMPTION OF PERSONS UNDER AGE TWENTY-ONE, ALL SO AS TO PROVIDE AN EXCEPTION FOR PERSONS SERVING IN THE ARMED FORCES OF THE UNITED STATES.
l:\council\bills\nbd\11020htc11.docx


Printed Page 40 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Judiciary.

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

S. 84 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-120 SO AS TO PROHIBIT A SALES REPRESENTATIVE OF A PHARMACEUTICAL COMPANY FROM SELLING OR MARKETING PHARMACEUTICAL PRODUCTS ON THE PREMISES OF A HOSPITAL.
l:\council\bills\nbd\11050cm11.docx

Prefiled and referred to the Committee on Medical Affairs.

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

S. 85 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-55-35 SO AS TO PROVIDE AN INSURER MAY NOT USE THE CREDIT REPORT OF A PERSON SEEKING A CONTRACT OF INSURANCE TO DETERMINE THE INSURANCE RATE OF THE CONTRACT OR WHETHER TO ISSUE THE INSURANCE CONTRACT, AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 41-1-120 SO AS TO PROVIDE AN EMPLOYER MAY NOT USE A CREDIT REPORT TO EVALUATE A PERSON FOR EMPLOYMENT, AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 56-31-35 SO AS TO PROVIDE A VEHICLE RENTAL COMPANY MAY NOT USE THE CREDIT REPORT OF A PERSON SEEKING TO RENT CERTAIN VEHICLES TO DETERMINE THE RENTAL RATE OF THE VEHICLES OR WHETHER TO RENT THE VEHICLES, AND TO DEFINE CERTAIN TERMS; AND TO AMEND SECTION 37-20-110, RELATING TO THE DEFINITION OF A "CREDIT REPORT", SO AS TO REMOVE ESTABLISHING A PERSON'S ELIGIBILITY FOR EMPLOYMENT FROM THE PURPOSES FOR WHICH THIS REPORT IS INTENDED.
l:\council\bills\agm\18141ab11.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 86 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 40-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 41 . . . . . Tuesday, January 11, 2011

RELATING TO THE DEFINITION OF "HAIR BRAIDING", SO AS TO PROVIDE THE TERM INCLUDES THE USE OF HAIR EXTENSIONS IF PERFORMED UNDER THE SUPERVISION OF A LICENSED COSMETOLOGIST.
l:\council\bills\agm\18151ab11.docx

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 87 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-257 SO AS TO IMPOSE A CONTINUING EDUCATION REQUIREMENT ON REGISTERED BARBERS IN THIS STATE, TO PROVIDE EXEMPTIONS, TO PROVIDE A VERIFICATION REQUIREMENT, TO DEFINE WHAT ACTIVITIES CONSTITUTE ACCEPTABLE CONTINUING EDUCATION, TO PROVIDE AN AUDIT PROCEDURE, AND TO PROVIDE REQUIREMENTS FOR A CONTINUING EDUCATION PROVIDER, AMONG OTHER THINGS; TO AMEND SECTION 40-7-20, AS AMENDED, RELATING TO DEFINITIONS RELATED TO THE REGULATION OF BARBERS AND BARBERING, SO AS TO DEFINE ADDITIONAL TERMS; AND TO AMEND SECTION 40-7-250, RELATING TO THE RENEWAL OF A BARBER LICENSE, SO AS TO PROVIDE A RENEWAL IS SUBJECT TO COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS.
l:\council\bills\agm\18180ab11.docx

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 88 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SCHOOL CHOICE PILOT PROGRAM FOR CERTAIN STUDENTS WITH DISABILITIES ACT OF 2011"; BY ADDING ARTICLE 12 TO CHAPTER 63, TITLE 59 SO AS TO CREATE A PILOT PROGRAM FOR GRANTING SCHOLARSHIPS OF A CERTAIN AMOUNT OF STATE FUNDS TO CHILDREN WITH CERTAIN DISABILITIES TO ATTEND NONPUBLIC SCHOOLS, AND TO REQUIRE THE STATE BOARD OF EDUCATION TO


Printed Page 42 . . . . . Tuesday, January 11, 2011

ADOPT RULES AND PROMULGATE REGULATIONS TO ESTABLISH THE PILOT PROGRAM.
l:\council\bills\agm\18135bh11.docx

Prefiled and referred to the Committee on Education.

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

S. 89 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-31 SO AS TO PROVIDE THAT IT IS AN UNFAIR TRADE PRACTICE FOR A LARGE MEDICAL PRACTICE TO ACQUIRE A SMALL MEDICAL PRACTICE BY COERCION.
l:\council\bills\agm\18191bh11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 90 (Word version) -- Senators Ryberg, Peeler, Grooms, Bryant, Massey, Bright, Davis, Verdin, Cromer, Rose, McConnell, Campsen and Shoopman: A BILL TO CLOSE THE TEACHER AND EMPLOYEE RETENTION INCENTIVE (TERI) PROGRAM TO NEW PARTICIPANTS EFFECTIVE JULY 1, 2010; TO REPEAL ARTICLE 17, CHAPTER 1, TITLE 9 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE TERI PROGRAM; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT MAY NOT BE AMENDED OR REPEALED EXCEPT IN SEPARATE LEGISLATION RECEIVING AN AFFIRMATIVE TWO-THIRDS RECORDED VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY.
l:\s-res\wgr\004teri.kmm.wgr.docx

Prefiled and referred to the Committee on Finance.

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

S. 91 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 150, TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION LOTTERY TICKET SALES, BY ADDING SECTION 59-150-155 TO PROVIDE THAT A PERSON WHO CURRENTLY HOLDS A RETAIL LOTTERY TICKET SALES LICENSE MAY BE GRANTED A TEMPORARY LICENSE FOR RETAIL LOTTERY TICKET SALES IF HE ACQUIRES ANOTHER RETAIL BUSINESS WHICH SELLS LOTTERY TICKETS, TO PROVIDE THE LENGTH OF TIME A TEMPORARY LICENSE IS VALID, AND TO PROVIDE THE FEE FOR A TEMPORARY LICENSE.


Printed Page 43 . . . . . Tuesday, January 11, 2011

l:\s-res\wgr\002reta.kmm.wgr.docx

Prefiled and referred to the Committee on Education.

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

S. 92 (Word version) -- Senators Ryberg, Rose, Campsen and Verdin: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES TO ENDORSE YUCCA MOUNTAIN'S SUITABILITY AS A PERMANENT FEDERAL REPOSITORY FOR HIGH-LEVEL RADIOACTIVE MATERIALS.
l:\s-res\wgr\003yucc.kmm.wgr.docx

Prefiled and referred to the Committee on Agriculture and Natural Resources.

The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

S. 93 (Word version) -- Senators Ryberg and Campsen: A BILL TO AMEND SECTION 56-5-6540 OF THE 1976 CODE TO PROVIDE THAT FAILURE TO WEAR A SEATBELT IS ADMISSIBLE AS EVIDENCE OF FAILURE TO MITIGATE DAMAGES IN A CIVIL ACTION.
l:\s-res\wgr\001seat.kmm.wgr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 94 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 23 OF THE 1976 CODE, BY ADDING CHAPTER 52, THE "NOVELTY LIGHTER PROHIBITION ACT", TO PROVIDE FOR THE DEFINITIONS AND THE PROHIBITION OF THE SALE OR DISTRIBUTION OF NOVELTY LIGHTERS AND TO PROVIDE PENALTIES.
l:\s-gen\drafting\tca\020nove.jd.tca.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 95 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 42, TITLE 48 OF THE 1976 CODE, RELATING TO THE STATE ENERGY POLICY, BY ADDING SECTION 48-52-215 TO DEFINE "RENEWABLE ENERGY RESOURCES" FOR PURPOSES OF THE SOUTH CAROLINA ENERGY EFFICIENCY ACT.
l:\s-res\lkg\004stat.kmm.lkg.docx


Printed Page 44 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Agriculture and Natural Resources.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 96 (Word version) -- Senators Grooms, Verdin and Rose: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE CAP AND TRADE LEGISLATION AND SUPPORT LEGISLATION THAT ENCOURAGES STATES TO ESTABLISH AND DEVELOP THEIR OWN RENEWABLE ENERGY PORTFOLIO STANDARDS.
l:\s-res\lkg\002trad.mrh.lkg.docx

Prefiled and referred to the Committee on Agriculture and Natural Resources.

The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

S. 97 (Word version) -- Senators Grooms, Rose and McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS; AND PROPOSING AN AMENDMENT TO ARTICLE XVII, BY ADDING SECTION 15 SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION AND REFERENDUM AND TO PROVIDE EXCEPTIONS.
l:\s-res\lkg\003cons.kmm.lkg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 98 (Word version) -- Senators Grooms and Verdin: A BILL TO AMEND SECTION 44-41-10 OF THE 1976 CODE, RELATING TO DEFINITIONS CONCERNING ABORTIONS, TO REMOVE CERTAIN DEFINITIONS; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING SECTION 44-41-15,


Printed Page 45 . . . . . Tuesday, January 11, 2011

TO PROVIDE FINDINGS CONCERNING FETAL PAIN, FETAL VIABILITY, AND AN ASSERTION OF THE STATE'S COMPELLING INTEREST IN PROTECTING THE LIVES OF VIABLE UNBORN CHILDREN; TO AMEND SECTION 44-41-20, RELATING TO WHEN AN ABORTION MAY LEGALLY BE PERFORMED, TO PROVIDE THAT ABORTIONS PERFORMED PRIOR TO THE END OF TWENTY-TWO WEEKS AFTER CONCEPTION REQUIRE A WOMAN'S INFORMED CONSENT, AND THAT NO ABORTIONS MAY BE PERFORMED AFTER TWENTY-TWO WEEKS AFTER CONCEPTION UNLESS THE WOMAN HAS A MEDICAL CONDITION WHICH, ON THE BASIS OF THE PHYSICIAN'S GOOD FAITH JUDGMENT, SO COMPLICATES A PREGNANCY AS TO NECESSITATE AN IMMEDIATE ABORTION TO AVERT THE RISK OF HER DEATH OR FOR WHICH A DELAY WILL CREATE SERIOUS RISK OF SUBSTANTIAL AND IRREVERSIBLE IMPAIRMENT OF MAJOR BODILY FUNCTION; TO AMEND SECTION 44-41-320, RELATING TO DEFINITIONS CONCERNING A WOMAN'S INFORMED CONSENT TO AN ABORTION, TO DEFINE NECESSARY TERMS; TO AMEND SECTION 44-41-330, RELATING TO A WOMAN'S INFORMED CONSENT TO AN ABORTION, TO PROVIDE THAT A WOMAN CHOOSING AN ABORTION IS INFORMED CONCERNING FETAL PAIN; AND TO AMEND SECTION 44-41-340, RELATING TO INFORMATION THAT MUST BE PROVIDED TO A WOMAN PRIOR TO AN ABORTION, TO PROVIDE THAT THE INFORMATION MUST INCLUDE MATERIAL CONCERNING FETAL PAIN.
l:\s-res\lkg\009viab.kmm.lkg.docx

Prefiled and referred to the Committee on Medical Affairs.

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

S. 99 (Word version) -- Senators Grooms, Rose, McConnell, Campsen and Shoopman: A JOINT RESOLUTION TO ESTABLISH A COMMISSION TO STUDY IMPLEMENTING A FAIR TAX TO REPLACE THE STATE INDIVIDUAL AND CORPORATE INCOME TAX.
l:\s-res\lkg\007fair.kmm.lkg.docx

Prefiled and referred to the Committee on Finance.

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


Printed Page 46 . . . . . Tuesday, January 11, 2011

S. 100 (Word version) -- Senators Grooms, Rose, McConnell and Verdin: A BILL TO AMEND THE 1976 CODE BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 1 TO ENACT THE "SOUTH CAROLINA TRUTH IN SPENDING ACT" TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE, TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS AND THE CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC OFFICIALS AND EMPLOYEES FOR PUBLIC USE, AND TO PROVIDE THAT EACH LOCAL GOVERNMENTAL ENTITY MUST ANNUALLY POST ONLINE A LISTING OF ITS FULL TIME EMPLOYEES GROUPED BY CLASS ALONG WITH THE NUMBER OF FULL TIME POSITIONS IN EACH CLASS AND THE AVERAGE SALARY IN EACH CLASS.
l:\s-res\lkg\006trut.kmm.lkg.docx

Prefiled and referred to the Committee on Finance.

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

S. 101 (Word version) -- Senators Grooms, McConnell and Campsen: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2647 TO PROVIDE THAT THE SALES, USE, AND CASUAL EXCISE TAX REVENUES IN A FISCAL YEAR FROM THE SALE, USE, OR TITLING OF A VEHICLE REQUIRED TO BE REGISTERED AND LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES MUST BE CREDITED TO THE STATE HIGHWAY FUND AND AN EQUAL AMOUNT OF NONSTATE TAX SOURCE STATE HIGHWAY FUND REVENUES TRANSFERRED TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK TO PROVIDE FOR THE USE OF THESE REVENUES; AND TO AMEND SECTION 11-43-160, RELATING TO REVENUE SOURCES OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, TO INCLUDE THE REVENUES DERIVED PURSUANT TO SECTION 12-36-2647 AS ADDED BY THIS ACT.
l:\s-res\lkg\005taxr.kmm.lkg.docx


Printed Page 47 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Finance.

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

S. 102 (Word version) -- Senator Grooms: A BILL TO AMEND ARTICLE 1, CHAPTER 71, TITLE 38 OF THE 1976 CODE, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING SECTION 38-71-238 TO PROHIBIT QUALIFIED HEALTH PLANS OFFERED THROUGH A HEALTH CARE EXCHANGE REQUIRED BY THE FEDERAL "PATIENT PROTECTION AND AFFORDABLE CARE ACT" FROM OFFERING ABORTION COVERAGE, AND TO PROVIDE FOR CERTAIN EXCEPTIONS.
l:\s-res\lkg\008fhco.kmm.lkg.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 103 (Word version) -- Senators Grooms and Verdin: A BILL TO AMEND CHAPTER 3, TITLE 57 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF TRANSPORTATION, BY ADDING ARTICLE 3, PUBLIC-PRIVATE INITIATIVES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY SOLICIT PROPOSALS FOR PUBLIC-PRIVATE INITIATIVES FROM PRIVATE ENTITIES, TO PROVIDE FOR THE PROPOSAL REQUEST AND SUBMISSION PROCESS, TO PROVIDE FOR THE PROCESS OF SELECTING A PRIVATE ENTITY TO PARTICIPATE IN A PUBLIC-PRIVATE INITIATIVE, TO PROVIDE FOR INTERIM AND COMPREHENSIVE AGREEMENTS TO CARRY OUT THE TERMS OF THE PUBLIC-PRIVATE INITIATIVE, TO PROVIDE REQUIREMENTS FOR INTERIM AND COMPREHENSIVE AGREEMENTS, TO PROVIDE FOR PERMISSIBLE FINANCING OF THE PUBLIC-PRIVATE INITIATIVE, AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY EXERCISE THE POWER OF EMINENT DOMAIN IN CONJUNCTION WITH A PUBLIC-PRIVATE INITIATIVE; TO AMEND CHAPTER 3, TITLE 57, BY ADDING ARTICLE 9 TO PROVIDE THAT TOLLS MAY NOT BE IMPOSED ON FEDERAL INTERSTATE HIGHWAYS UNLESS APPROVED BY THE GENERAL ASSEMBLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY IMPOSE A TOLL ON INTERSTATE 73, TO PROVIDE THAT TOLLS IMPOSED AND COLLECTED ON A PROJECT MUST BE USED ONLY TO PAY


Printed Page 48 . . . . . Tuesday, January 11, 2011

COSTS ASSOCIATED WITH THE TOLL ROAD AND TO DEFINE THE TERM "TOLLS ASSOCIATED WITH THE TOLL ROAD", TO PROVIDE THAT A PERSON WHO FAILS TO PAY A TOLL IS GUILTY OF A MISDEMEANOR, TO PROVIDE PUNISHMENT FOR VIOLATIONS, AND TO PROVIDE FOR AN ELECTRONIC TOLLING SYSTEM; TO AMEND CHAPTER 35, TITLE 11, BY ADDING SECTION 11-35-3075, TO PROVIDE THAT PUBLIC-PRIVATE INITIATIVES ARE SUBJECT TO THE PROCUREMENT CODE AND TO PROVIDE EXEMPTIONS; TO AMEND SECTION 11-35-710, TO PROVIDE THAT ITS PROVISIONS ARE SUBJECT TO SECTION 11-35-3075; TO AMEND SECTION 11-35-40, TO PROVIDE FOR THE CIRCUMSTANCES IN WHICH A PUBLIC-PRIVATE INITIATIVE SOLICITATION MUST IDENTIFY THE IMPACT ON FEDERAL HIGHWAY FUNDS; TO AMEND SECTION 57-5-1625, TO CLARIFY THE DEFINITION OF A DESIGN-BUILD PROJECT; TO AMEND SECTION 57-5-1310, TO PROVIDE THAT PUBLIC-PRIVATE PARTNERSHIPS MAY BE UTILIZED ON NEW PROJECTS AND FOR IMPROVEMENTS TO EXISTING HIGHWAYS AND ROADS; TO AMEND SECTION 57-5-1320, TO PROVIDE THAT THE DEFINITION OF "TURNPIKE FACILITY" INCLUDES AN EXPRESS HIGHWAY OR LIMITED ACCESS HIGHWAY OR A PORTION OF IT AND ADDITIONAL LANES OR CAPACITY ADDED TO IT; TO AMEND SECTION 57-5-1330, TO PROVIDE THAT THE STATE MAY NOT DESIGNATE A TRANSPORTATION FACILITY AS A TURNPIKE FACILITY IF THE FACILITY WAS FULLY FUNDED BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4; TO AMEND SECTION 57-5-1660, TO PROVIDE FOR CONTRACTOR BONDS REQUIRED IN A PUBLIC-PRIVATE PARTNERSHIP PROJECT AND DESIGN-BUILD PROJECTS; TO AMEND SECTION 40-11-360, TO CONFORM THE SECTION TO ARTICLE 3, CHAPTER 3, TITLE 57; TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT PUBLIC-PRIVATE INITIATIVES ENTERED INTO PURSUANT TO THIS ACT WILL BE IN ALL RESPECTS AN ESSENTIAL GOVERNMENTAL FUNCTION DEDICATED FOR THE PUBLIC USE THAT INURES TO THE BENEFIT OF THE PEOPLE OF THIS STATE THROUGH INCREASED COMMERCE AND PROSPERITY AND THE IMPROVEMENT OF HEALTH AND LIVING CONDITIONS; TO REPEAL SECTIONS 12-28-2920, 57-3-200, 57-3-615, 57-3-618, 57-5-1490, AND 57-5-1495; AND TO


Printed Page 49 . . . . . Tuesday, January 11, 2011

MAKE OTHER TECHNICAL AND CONFORMING AMENDMENTS.
l:\s-res\lkg\010tiff.kmm.lkg.docx

Prefiled and referred to the Committee on Transportation.

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

S. 104 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 1, TITLE 49 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS CONCERNING WATER, WATER RESOURCES, AND DRAINAGE, BY ADDING SECTION 49-1-100 TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST COORDINATE WITH THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AND MARKERS ALONG THE STATE HIGHWAY SYSTEM THAT IDENTIFY THE RIVER BASINS THROUGHOUT THE STATE, TO PROVIDE THAT THE COSTS ASSOCIATED WITH THE SIGNS MUST BE BORNE BY THE DEPARTMENT OF NATURAL RESOURCES, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY RECEIVE ADDITIONAL FUNDS TO INSTALL OR MAINTAIN THE SIGNS FROM PRIVATE SOURCES.
l:\s-res\dbv\002rive.kmm.dbv.docx

Prefiled and referred to the Committee on Agriculture and Natural Resources.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 105 (Word version) -- Senator Verdin: A BILL TO AMEND THE 1976 CODE, BY ADDING ARTICLE 8 TO CHAPTER 25, TITLE 57, TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CREATE AND SUPERVISE A STATEWIDE PROGRAM RELATED TO PROVIDING DIRECTIONAL SIGNS ALONG THE STATE'S MAJOR HIGHWAYS AND INTERCHANGES LEADING TO AGRITOURISM ORIENTED FACILITIES ENGAGED IN EDUCATIONAL OR AGRITOURISM ACTIVITIES.
l:\s-res\dbv\003tour.kmm.dbv.docx

Prefiled and referred to the Committee on Transportation.

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

S. 106 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 16-11-700 OF THE 1976 CODE, RELATING TO THE


Printed Page 50 . . . . . Tuesday, January 11, 2011

PROHIBITION AGAINST DUMPING LITTER ON PUBLIC OR PRIVATE PROPERTY, TO DEFINE "LITTER", TO PROVIDE THAT VIOLATIONS MUST BE RECORDED ON THE LITTER OFFENDER DATABASE, AND TO PROVIDE SUMMARY COURT WITH JURISDICTION TO HEAR CASES REGARDING VIOLATIONS OF SECTION 16-11-700; TO AMEND SECTION 16-11-720, RELATING TO THE PROHIBITION AGAINST DUMPING TRASH IN LAKE GREENWOOD OR ALONG ITS SHORELINE, TO PROVIDE THAT VIOLATIONS MUST BE RECORDED IN A LITTER OFFENDER DATABASE; AND BY ADDING SECTION 44-67-140, TO ESTABLISH A LITTER OFFENDER DATABASE TO BE MAINTAINED AND OPERATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FOR THE CONTENTS OF THE DATABASE, AND TO PROVIDE FOR THE LENGTH OF TIME THAT AN OFFENDER'S NAME AND OTHER REQUIRED INFORMATION MUST BE MAINTAINED ON THE DATABASE.
l:\s-res\dbv\004litt.kmm.dbv.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 107 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 43, TITLE 59 OF THE 1976 CODE, RELATING TO ADULT EDUCATION, TO PROVIDE THAT THERE WILL BE NO TIME LIMIT ON SENIOR CITIZENS TAKING GENERAL EDUCATIONAL DEVELOPMENT TESTS.
l:\s-res\dbv\005gedt.kmm.dbv.docx

Prefiled and referred to the Committee on Education.

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

S. 108 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 27-1-60 OF THE 1976 CODE, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON REAL PROPERTY HE OWNS OR IS ENTITLED TO USE, TO AUTHORIZE THE DISPLAY OF ONE PORTABLE, REMOVABLE UNITED STATES FLAG IN A RESPECTFUL MANNER, CONSISTENT WITH 4 U.S.C. SECTIONS 4-10, TO AUTHORIZE THE DISPLAY OF ONE PORTABLE, REMOVABLE HISTORIC FLAG THAT IS DISPLAYED IN A RESPECTFUL MANNER AND TO APPLY THE


Printed Page 51 . . . . . Tuesday, January 11, 2011

PROVISION RETROACTIVELY, AND TO DEFINE "HISTORIC FLAG".
l:\s-res\dbv\006hoaf.kmm.dbv.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 109 (Word version) -- Senator Verdin: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 137, TO ENACT "THE REFLEX SYMPATHETIC DYSTROPHY SYNDROME EDUCATION ACT", TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH AN EDUCATIONAL PROGRAM CONCERNING THE SYNDROME, TO PROVIDE FOR THE CONTENTS OF A PUBLIC AWARENESS PROGRAM, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WORK WITH HEALTH CARE PROVIDERS AND OTHER PROFESSIONALS CONCERNING THE SYNDROME, TO ALLOW FOR PRIVATE FUNDING OF THE PROGRAM, AND TO DEFINE NECESSARY TERMS.
l:\s-res\dbv\007rfds.kmm.dbv.docx

Prefiled and referred to the Committee on Medical Affairs.

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

S. 110 (Word version) -- Senators Malloy and Rose: A BILL TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE USE OF ANY VEHICLE OR AIRPLANE OPERATED FOR TRAINING OR DUTY BY THE EMERGENCY AIR WING OF THE STATE GUARD SHALL CONVEY LIABILITY UPON THE SOUTH CAROLINA NATIONAL GUARD, SOUTH CAROLINA STATE GUARD, OR STATE OF SOUTH CAROLINA ONLY AFTER THE REQUIRED


Printed Page 52 . . . . . Tuesday, January 11, 2011

LIABILITY INSURANCE ON THE VEHICLE OR AIRPLANE HAS BEEN FULLY APPLIED; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE GENERAL FUND OF THE STATE OF SOUTH CAROLINA.
l:\council\bills\ggs\22671zw113.docx

Prefiled and referred to the General Committee.

Read the first time and referred to the General Committee.

S. 111 (Word version) -- Senators Cromer, L. Martin and Verdin: A BILL TO AMEND ARTICLE 13, CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO THE VERIFICATION OF NATIONALITY OF PRISONERS, TO PROVIDE THAT LAW ENFORCEMENT OFFICERS MAY ACT UPON A REASONABLE SUSPICION TO DETERMINE WHETHER A PERSON IS AN ALIEN UNLAWFULLY IN THE UNITED STATES AND TO PROVIDE CERTAIN PRESUMPTIONS; BY ADDING NEW SECTIONS TO ARTICLE 13 TO PROVIDE FOR VERIFICATION OF LAWFUL PRESENCE IN THE UNITED STATES, TO PROVIDE FOR THE DISPOSITION OF A PERSON DETERMINED TO BE IN THE UNITED STATES UNLAWFULLY, TO PROVIDE THAT A PERSON MAY NOT BE DENIED BOND BECAUSE OF HIS ILLEGAL ALIEN STATUS, TO PROVIDE A PROHIBITION AGAINST RACIAL PROFILING, TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE STATE MUST DEFEND AND INDEMNIFY LAW ENFORCEMENT OFFICIALS, AND TO PROVIDE THAT THE ARTICLE DOES NOT IMPLEMENT, AUTHORIZE, OR ESTABLISH AND SHALL NOT BE CONSTRUED TO IMPLEMENT, AUTHORIZE, OR ESTABLISH THE FEDERAL REAL ID ACT OF 2005, INCLUDING THE USE OF RADIO FREQUENCY IDENTIFICATION CHIPS; TO AMEND TITLE 15, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 83 TO PROHIBIT SANCTUARY COUNTIES, MUNICIPALITIES, OR POLITICAL SUBDIVISIONS AND TO PROVIDE FOR REMEDIES; TO AMEND CHAPTER 8, TITLE 41, RELATING TO ILLEGAL ALIENS AND PRIVATE


Printed Page 53 . . . . . Tuesday, January 11, 2011

EMPLOYMENT, BY ADDING ARTICLE 3 TO PROHIBIT DAY LABOR EMPLOYMENT OF ILLEGAL ALIENS; TO AMEND SECTION 41-8-10, TO PROVIDE THAT THE DEFINITION OF "EMPLOYER" INCLUDES ANY PERSON THAT EMPLOYS A PERSON TO PERFORM AGRICULTURAL SERVICES; TO AMEND SECTION 41-8-20, TO PROVIDE THAT A UNITED STATES PASSPORT MAY BE USED FOR EMPLOYER VERIFICATION PURPOSES; TO AMEND SECTION 41-8-50, TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL MAKE A PRELIMINARY INVESTIGATION OF COMPLAINTS THAT AN EMPLOYER IS IN VIOLATION OF THE LAWS PROHIBITING THE EMPLOYMENT OF ILLEGAL ALIENS, TO PROVIDE THAT THE ATTORNEY GENERAL IS RESPONSIBLE FOR A FORMAL INVESTIGATION AND PURSUING CIVIL FINES, TO PROVIDE FOR THE CIVIL ACTION TO RECOVER FINES, AND TO PROVIDE THAT THE CIVIL FINES COLLECTED MUST BE DEPOSITED IN THE ILLEGAL IMMIGRATION ENFORCEMENT TRUST FUND; TO AMEND SECTION 41-8-60, TO PROVIDE THAT THE ATTORNEY GENERAL MUST BRING AN ACTION TO RECOVER UNPAID FINES LEVIED AGAINST AN EMPLOYER PURSUANT TO SECTION 41-8-50; TO AMEND SECTION 41-8-140, TO ESTABLISH THE IMMIGRATION ENFORCEMENT TRUST FUND AND TO PROVIDE FOR THE DISBURSEMENT OF REVENUE IN THE FUND; TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16, BY ADDING SECTION 16-3-940, TO PROHIBIT HUMAN SMUGGLING; TO AMEND CHAPTER 17, TITLE 16, BY ADDING SECTION 16-17-750, TO REQUIRE ALIENS TO COMPLETE AND CARRY ALIEN REGISTRATION DOCUMENTS; TO AMEND CHAPTER 17, TITLE 16, BY ADDING SECTION 16-15-750, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY FAIL TO COMPLETE OR CARRY AN ALIEN REGISTRATION DOCUMENT IN VIOLATION OF 8 USC 1304(E) OR 1306(A), AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 8-30-10, TO PROVIDE THAT A VIOLATION OF HUMAN SMUGGLING LAWS MUST BE REPORTED TO THE EXECUTIVE DIRECTOR OF THE STATE COMMISSION FOR MINORITY AFFAIRS TO BE INCLUDED ON THE IMMIGRATION DATABASE MAINTAINED BY THE COMMISSION; AND TO MAKE OTHER TECHNICAL AND CONFORMING AMENDMENTS.


Printed Page 54 . . . . . Tuesday, January 11, 2011

l:\s-res\rwc\001immi.kmm.rwc.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 112 (Word version) -- Senator Cromer: A BILL TO AMEND CHAPTER 1, TITLE 1 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS CONCERNING THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 27 TO PREVENT CONFLICTS OF INTEREST ARISING THROUGH AGENCY, COMMISSION, BOARD, DEPARTMENT, OR OTHER GOVERNMENTAL AGENCY REPRESENTATION IN CONTESTED CASES.
l:\s-res\rwc\005lawy.kmm.rwc.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 113 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 56-3-1960 OF THE 1976 CODE, RELATING TO TEMPORARY AND PERMANENT PARKING PLACARDS, TO ALLOW A PERSON TO BE ISSUED TWO PLACARDS.
l:\s-res\rwc\007plac.kmm.rwc.docx

Prefiled and referred to the Committee on Transportation.

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

S. 114 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 22-2-190 OF THE 1976 CODE, RELATING TO JURY POOLS IN SALUDA COUNTY, TO PROVIDE THAT THERE SHALL BE ONE JURY AREA COUNTYWIDE IN SALUDA COUNTY.
l:\s-res\rwc\008salu.kmm.rwc.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 115 (Word version) -- Senators Cromer and Rose: A BILL TO ENACT THE "SPENDING ACCOUNTABILITY ACT OF 2011"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-125 TO REQUIRE CERTAIN BILLS AND JOINT RESOLUTIONS TO RECEIVE A RECORDED ROLL CALL VOTE AT VARIOUS STAGES OF THEIR PASSAGE BY THE HOUSE OF REPRESENTATIVES AND THE SENATE.
l:\s-res\rwc\009tran.kmm.rwc.docx


Printed Page 55 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Judiciary.

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

S. 116 (Word version) -- Senators Sheheen and Rose: A BILL TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, BY ADDING ARTICLE 8, TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL ADMINISTER TRAINING PROGRAMS ON STATE ETHICS LAWS, TO PROVIDE WHO SHALL ATTEND THE TRAINING SESSIONS, TO PROVIDE WHEN SESSIONS SHALL BE HELD, TO PROVIDE PERSONS QUALIFIED TO TEACH THE SESSIONS, TO PROVIDE ATTENDANCE REQUIREMENTS, AND TO PROVIDE PERSONS REQUIRED TO ATTEND THE SESSIONS ARE NOT PRECLUDED FROM PENALIZATION OR PROSECUTION FOR VIOLATIONS OF ETHICS LAWS PRIOR TO ATTENDING THE SESSIONS.
l:\s-res\vas\008ethi.ebd.vas.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 117 (Word version) -- Senators Bryant, McConnell, Verdin and Ryberg: A BILL TO AMEND ARTICLE 2, CHAPTER 101, TITLE 59 OF THE 1976 CODE, RELATING TO PUBLIC INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-670 TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE, AND TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS AND THE CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC OFFICIALS AND EMPLOYEES FOR PUBLIC USE; AND TO AMEND ARTICLE 15, CHAPTER 1, TITLE 1, RELATING TO REPORTING OF EXPENDITURES OF STATE APPROPRIATED FUNDS BY STATE AGENCIES, PERSONAL DATA, AND THE LIKE, BY ADDING SECTION 1-1-1040 TO PROVIDE THAT ALL STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR POSTING ON ITS INTERNET WEBSITE THE AGENCY'S, DEPARTMENT'S, OR INSTITUTION'S MONTHLY STATE PROCUREMENT CARD STATEMENTS OR MONTHLY REPORTS CONTAINING ALL OR SUBSTANTIALLY ALL THE SAME


Printed Page 56 . . . . . Tuesday, January 11, 2011

INFORMATION CONTAINED IN THE MONTHLY STATE PROCUREMENT CARD STATEMENTS.
l:\s-res\klb\001coll.kmm.klb.docx

Prefiled and referred to the Committee on Education.

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

S. 118 (Word version) -- Senator Campsen: A JOINT RESOLUTION TO ENACT THE "SOUTH CAROLINA ECONOMIC RECOVERY ACT" BY TEMPORARILY PROVIDING "BONUS" STATE INCOME TAX EXPENSING DEDUCTIONS FOR NEW DEPRECIABLE BUSINESS PROPERTY, BY EXCLUDING FROM SOUTH CAROLINA TAXABLE INCOME NET CAPITAL GAINS ATTRIBUTABLE TO THE SALE OR EXCHANGE OF DEPRECIABLE BUSINESS PROPERTY RECEIVING THAT "BONUS" DEDUCTION, AND BY PROVIDING A TAX CREDIT FOR EMPLOYERS HIRING A NEW FULL-TIME EMPLOYEE WHO WAS FORMERLY UNEMPLOYED, AND TO DEFINE TERMS BY APPROPRIATE REFERENCES TO PROVISIONS IN CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE SOUTH CAROLINA INCOME TAX ACT.
l:\council\bills\nbd\11067htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 119 (Word version) -- Senators Campsen, Rose, McConnell and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-705 SO AS TO PROVIDE THAT, UPON RECEIPT OF THE NOTICE OF A PAROLE HEARING, THE VICTIM AND MEMBERS OF THE VICTIM'S IMMEDIATE FAMILY MAY SUBMIT WRITTEN STATEMENTS TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, AND TO PROVIDE THAT THE STATEMENTS MUST BE CONSIDERED BY THE BOARD IN MAKING ITS DETERMINATION OF PAROLE, AND TO PROVIDE THAT THE STATEMENTS MUST BE RETAINED BY THE BOARD AND MUST BE SUBMITTED AT SUBSEQUENT PAROLE HEARINGS.
l:\council\bills\swb\5021cm11.docx

Prefiled and referred to the Committee on Corrections and Penology.

Read the first time and referred to the Committee on Corrections and Penology.


Printed Page 57 . . . . . Tuesday, January 11, 2011

S. 120 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO AMEND SECTION 11-35-310, RELATING TO DEFINITIONS IN REGARD TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE CERTAIN DEFINITIONS PERTAINING TO INFORMATION TECHNOLOGY; AND TO REPEAL SECTIONS 11-35-820 AND 11-35-1580 RELATING TO THE OFFICE OF INFORMATION TECHNOLOGY OF THE STATE BUDGET AND CONTROL BOARD AND INFORMATION TECHNOLOGY SERVICES PROVIDED BY THE STATE BUDGET AND CONTROL BOARD.
l:\council\bills\nbd\11074sd11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 121 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 49 SO AS TO ENACT THE "WETLANDS RESTORATION ACT" WHICH PROVIDES THAT CERTAIN IMPOUNDMENTS THAT ORIGINALLY IMPOUNDED A PARCEL OF TIDELAND OR MARSHLAND BUT NO LONGER COMPLETELY IMPOUNDS THAT PARCEL MAY BE REPAIRED OR RESTORED.
l:\council\bills\swb\5014cm11.docx

Prefiled and referred to the Committee on Agriculture and Natural Resources.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 122 (Word version) -- Senators Campsen and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-108 SO AS TO PROVIDE THAT A PERSON MAY USE A FIREARM TO KILL OR ATTEMPT TO KILL ANY ANIMAL DURING ANY SEASON IN SELF-DEFENSE, DEFENSE OF ANOTHER, OR DEFENSE OF DOMESTIC ANIMALS, AND TO


Printed Page 58 . . . . . Tuesday, January 11, 2011

PROVIDE THAT A PERSON WHO USES DEADLY FORCE AGAINST A BIG GAME ANIMAL OR ALLIGATOR MUST REPORT THE INCIDENT TO THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE THAT CERTAIN ANIMAL CARCASSES TAKEN PURSUANT TO THIS SECTION MAY NOT BE RETAINED, AND TO PROVIDE A PENALTY FOR FAILURE TO REPORT THE INCIDENT OR SURRENDER THE CARCASS.
l:\council\bills\swb\5013cm11.docx

Prefiled and referred to the Committee on Fish, Game and Forestry.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 123 (Word version) -- Senators Campsen and Massey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" BY ADDING SECTION 20-3-240 TO DEFINE NECESSARY TERMS, TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT MUST BE SEALED, TO PROVIDE ACCESS TO A FINANCIAL DECLARATION UPON REQUEST ONLY BY THE PARTIES, THE COURT AND PERSONNEL OF THE COURT, AND THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES, AND TO PROHIBIT OTHER ACCESS EXCEPT UPON ORDER OF THE COURT FOR GOOD CAUSE SHOWN; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT EXCEPT ON ORDER OF THE COURT FOR GOOD CAUSE SHOWN.
l:\council\bills\nbd\11060ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 124 (Word version) -- Senators Campsen and Massey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 2011" BY ADDING CHAPTER 42 TO TITLE 15 TO PROVIDE PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER PERSON FOR A COMMERCIAL DEBT A RIGHT TO A WRIT OF


Printed Page 59 . . . . . Tuesday, January 11, 2011

GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, CAPITAL GAINS, DIVIDEND BONUSES, AND COMMISSIONS OF THE DEBTOR; TO AMEND SECTION 37-5-104, RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR CERTAIN CONSUMER DEBTS, SO AS TO PERMIT GARNISHMENT FOR COMMERCIAL DEBTS AS DEFINED IN CHAPTER 42, TITLE 15; AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO A COURT'S DETERMINATION OF UNCONSCIONABLE CONDUCT REGARDING CERTAIN CONSUMER CREDIT TRANSACTIONS, SO AS TO ADD ANOTHER FACTOR FOR THE COURT TO CONSIDER OF INDUCING A DEBTOR IN A CONSUMER CREDIT OBLIGATION TO SIGN A STATEMENT INDICATING THAT THE DEBT IS INCURRED FOR BUSINESS OR COMMERCIAL PURPOSES SUBJECTING THE DEBT TO LEVY OR GARNISHMENT PURSUANT TO THE BUSINESS DEBT RECOVERY ACT DEPRIVING THE DEBTOR OF HIS RIGHTS PURSUANT TO TITLE 37 AND PROVIDING FURTHER PROCEDURES FOR THE COURT TO FOLLOW WHEN MAKING THIS DETERMINATION.
l:\council\bills\nbd\11058ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 125 (Word version) -- Senators Campsen and Rose: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF THE MAGISTRATES COURT, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO TEN THOUSAND DOLLARS AND TO REQUIRE THAT, EXCEPT FOR LANDLORD AND TENANT CASES, ANY CASE WITH AN AMOUNT IN CONTROVERSY EQUALING OR EXCEEDING FIVE THOUSAND DOLLARS MUST BE ORDERED FOR MANDATORY MEDIATION IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT.
l:\council\bills\nbd\11063ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 60 . . . . . Tuesday, January 11, 2011

S. 126 (Word version) -- Senators Campsen and McConnell: A BILL TO AMEND SECTION 63-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS AND DUTIES OF PARENTS REGARDING MINOR CHILDREN, SO AS TO PROVIDE THAT IN ADDITION TO EQUAL ACCESS AND EQUAL RIGHTS TO OBTAIN EDUCATIONAL AND MEDICAL RECORDS, A PARENT HAS EQUAL ACCESS AND EQUAL RIGHTS TO OBTAIN A MINOR CHILD'S COUNSELING AND THERAPY RECORDS.
l:\council\bills\nbd\11062ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 127 (Word version) -- Senators Campsen and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "JUDICIAL ELECTIONS REFORM ACT" BY AMENDING SECTION 2-19-70, RELATING TO A MEMBER OF THE GENERAL ASSEMBLY PLEDGING VOTES TO A JUDICIAL CANDIDATE, SO AS TO PROHIBIT A PERSON OR JUDICIAL CANDIDATE FROM DIRECTLY OR INDIRECTLY SEEKING THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY REGARDING SCREENING FOR ANY JUDICIAL OFFICE UNTIL THE QUALIFICATIONS OF ALL THE CANDIDATES HAVE BEEN DETERMINED BY THE JUDICIAL MERIT SELECTION COMMISSION AND THE COMMISSION HAS FORMALLY RELEASED ITS REPORT.
l:\council\bills\nbd\11061ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 128 (Word version) -- Senators Campsen and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "BOARDS AND COMMISSIONS ELECTION REFORM ACT", BY ADDING SECTION 8-13-940 TO PROVIDE FOR THE DEFINITION OF CAMPAIGN CONTRIBUTION REPORT, TO PROVIDE THAT CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY MUST FILE A CAMPAIGN CONTRIBUTION REPORT WITH THE HOUSE AND SENATE ETHICS COMMITTEE, TO PROVIDE THAT NO VOTE CAN BE TAKEN ON A CANDIDATE FOR ELECTION UNTIL TEN DAYS AFTER THE REPORT IS FILED, TO PROVIDE THAT A CAMPAIGN CONTRIBUTION REPORT MUST ACCOMPANY


Printed Page 61 . . . . . Tuesday, January 11, 2011

THE APPOINTMENT TRANSMISSION TO THE SENATE, TO PROVIDE THAT AN APPOINTEE MAY NOT BE CONFIRMED UNLESS THE REPORT ACCOMPANIES THE TRANSMISSION TO THE SENATE, AND TO PROHIBIT CAMPAIGN CONTRIBUTIONS FROM CANDIDATES AND APPOINTEES TO CANDIDATES FOR OR MEMBERS OF THE GENERAL ASSEMBLY.
l:\council\bills\ggs\22692zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 129 (Word version) -- Senators Campsen and Massey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE COMPTROLLER GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION.
l:\council\bills\ggs\22687zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 130 (Word version) -- Senators Campsen, Rose, Ryberg and Massey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SECRETARY OF STATE MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SECRETARY OF STATE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION.


Printed Page 62 . . . . . Tuesday, January 11, 2011

l:\council\bills\ggs\22688zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 131 (Word version) -- Senators Campsen, Ryberg and Massey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION.
l:\council\bills\ggs\22689zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 132 (Word version) -- Senators Campsen, Ryberg and Massey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
l:\council\bills\ggs\22690zw11.docx


Printed Page 63 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Judiciary.

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

S. 133 (Word version) -- Senators Campsen, Ryberg and Massey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE COMMISSIONER OF AGRICULTURE MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE COMMISSIONER OF AGRICULTURE SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION.
l:\council\bills\ggs\22691zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 134 (Word version) -- Senators Campsen and Rose: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2011" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE THAT THE


Printed Page 64 . . . . . Tuesday, January 11, 2011

STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT; BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO AMEND SECTION 11-35-310, RELATING TO DEFINITIONS IN REGARD TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE CERTAIN DEFINITIONS PERTAINING TO INFORMATION TECHNOLOGY AND TO REPEAL SECTIONS 11-35-820 AND 11-35-1580 ALL RELATING TO THE OFFICE OF INFORMATION TECHNOLOGY OF THE STATE BUDGET AND CONTROL BOARD AND INFORMATION TECHNOLOGY SERVICES PROVIDED BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTIONS 1-10-10, 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, AS AMENDED, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9 OF TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 13-7-30, 13-7-830, ALL AS AMENDED, 48-46-30, 48-46-40, AS AMENDED, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AS AMENDED, 48-52-460, 48-52-680, 44-53-530, AS AMENDED, AND 44-96-140; AND BY ADDING SECTION 1-11-185, ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW


Printed Page 65 . . . . . Tuesday, January 11, 2011

DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
l:\council\bills\dka\3151sd11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 135 (Word version) -- Senators Campsen, Rose, McConnell, Ryberg, S. Martin and Massey: A BILL TO ENACT THE "SOUTH CAROLINA BUDGET AND CONTROL BOARD TRANSPARENCY AND ACCOUNTABILITY ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-21 SO AS TO PROVIDE THAT THE LEGISLATIVE AUDIT COUNCIL SHALL PERFORM FISCAL AUDITS AND MANAGEMENT AND PERFORMANCE AUDITS OF THE VARIOUS OFFICES OR DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD ON A ROTATING AND CONTINUING SCHEDULE BEGINNING WITH FISCAL YEAR 2011-2012.
l:\council\bills\dka\3116sd11.docx

Prefiled and referred to the Committee on Finance.

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

S. 136 (Word version) -- Senators Campsen and Rose: A BILL TO ENACT THE "LONG-TERM CARE TAX CREDIT ACT" BY ADDING SECTION 12-6-3395, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW A STATE INDIVIDUAL INCOME TAX CREDIT OF FIFTEEN PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO A LONG-TERM CARE INSURANCE CONTRACT, NOT TO EXCEED THREE HUNDRED FIFTY DOLLARS IN A TAXABLE YEAR FOR EACH INDIVIDUAL COVERED BY SUCH A CONTRACT, AND TO PROHIBIT A DOUBLE BENEFIT.
l:\council\bills\bbm\9882htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 137 (Word version) -- Senators Campsen and Rose: A BILL TO ENACT THE "SOUTH CAROLINA ZERO-BASE BUDGET ACT" BY AMENDING SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER CONVENING OF THE ANNUAL


Printed Page 66 . . . . . Tuesday, January 11, 2011

SESSION OF THE GENERAL ASSEMBLY, THE GENERAL ASSEMBLY SHALL MEET IN LOCAL SESSION ONLY FOR A PERIOD OF THIRTY CALENDAR DAYS IN ODD-NUMBERED YEARS FOR THE PURPOSE OF DEVELOPING IN COMMITTEE A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS SHALL ADJOURN SINE DIE NOT LATER THAN FIVE O'CLOCK P.M. ON THE FIRST THURSDAY IN MAY, TO PROVIDE THAT IN ANY ODD-NUMBERED YEAR BEGINNING IN 2013 IN WHICH THE BIENNIAL GENERAL APPROPRIATIONS ACT IS GIVEN THIRD READING BEFORE MARCH THIRTY-FIRST BY THE HOUSE OF REPRESENTATIVES, THE DATE OF SINE DIE ADJOURNMENT FOR THAT YEAR IS SHORTENED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY BEFORE MARCH THIRTY-FIRST THAT THE ACT IS GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES; AND TO AMEND SECTION 2-7-60, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 2013 SESSION FOR THE ENSUING TWO FISCAL YEARS, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, AND TO REQUIRE THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES TO USE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE BIENNIAL STATE GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR CERTAIN CRITERIA WHICH MUST BE USED IN THIS ZERO-BASE BUDGET PROCESS.
l:\council\bills\bbm\9880htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 138 (Word version) -- Senators Campsen and Rose: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION BANK REAUTHORIZATION ACT" BY AMENDING ACT 200 OF 2002, WHICH ENACTED THE "SOUTH CAROLINA CONSERVATION BANK ACT" AND PROVIDED FOR ITS FUNDING, SO AS TO DELETE THE SUNSETTING OF THAT ACT OTHERWISE EFFECTIVE JULY 1, 2013, AND TO MAKE VARIOUS SECTIONS OF THAT ACT PERMANENT LAW BY DESIGNATING SECTIONS 3, 5, 6, 8, 10, AND 11 OF ACT 200 OF 2002, RELATING


Printed Page 67 . . . . . Tuesday, January 11, 2011

RESPECTIVELY TO THE PORTION OF THE DEED RECORDING FEE DEDICATED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, THE SUSPENSION OF DEED RECORDING FEE REVENUE IN CERTAIN CIRCUMSTANCES, CONSERVATION EASEMENTS, BIENNIAL REPORTS TO THE GENERAL ASSEMBLY, USE OF CONSERVATION BANK FUNDS FOR BEACH CONSERVATION, AND USE OF CONSERVATION BANK FUNDS TO ACQUIRE LAND FOR STATE PARKS AS SECTIONS 12-24-96, 48-59-65, 27-8-37, 48-59-150, 48-59-160, AND 48-59-170, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
l:\council\bills\bbm\9868htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 139 (Word version) -- Senators Campsen and Rose: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION BANK REAUTHORIZATION AND STABILIZATION ACT" BY AMENDING ACT 200 OF 2002, WHICH ENACTED THE "SOUTH CAROLINA CONSERVATION BANK ACT" AND PROVIDED FOR ITS FUNDING, SO AS TO DELETE THE SUNSETTING OF THAT ACT OTHERWISE EFFECTIVE JULY 1, 2013, AND TO DELETE THE PROVISION PROVIDING FOR THE SUSPENSION OF CREDITING OF DEED RECORDING FEES AND OTHER APPROPRIATED FUNDS TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND FOR A FISCAL YEAR BASED ON SPECIFIED FISCAL CIRCUMSTANCES AND TO MAKE VARIOUS SECTIONS OF THAT ACT PERMANENT LAW BY DESIGNATING SECTIONS 3, 6, 8, 10, AND 11 OF ACT 200 OF 2002, RELATING RESPECTIVELY TO THE PORTION OF THE DEED RECORDING FEE DEDICATED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, CONSERVATION EASEMENTS, BIENNIAL REPORTS TO THE GENERAL ASSEMBLY, USE OF CONSERVATION BANK FUNDS FOR BEACH CONSERVATION, AND USE OF CONSERVATION BANK FUNDS TO ACQUIRE LAND FOR STATE PARKS AS SECTIONS 12-24-96, 48-59-65, 27-8-37, 48-59-150, 48-59-160, AND 48-59-170, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
l:\council\bills\bbm\9867htc11.docx


Printed Page 68 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Finance.

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

S. 140 (Word version) -- Senators Campsen and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CAPITAL GAINS TAX ELIMINATION ACT" BY AMENDING SECTION 12-6-1150, AS AMENDED, RELATING TO THE DEDUCTION ALLOWED FOR A PORTION OF NET CAPITAL GAINS INCLUDED IN THE OTHERWISE TAXABLE INCOME OF INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE DEDUCTION ALLOWED FROM FORTY-FOUR PERCENT TO ONE HUNDRED PERCENT OF THE NET CAPITAL GAIN AND TO PHASE IN THIS INCREASE OVER TEN YEARS.
l:\council\bills\nbd\11056htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 141 (Word version) -- Senators Campsen, Rose, McConnell, Verdin and Massey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "TAXPAYER INFLATION PROTECTION ACT"; TO AMEND SECTION 12-6-520, RELATING TO ANNUAL INFLATION ADJUSTMENTS TO STATE INDIVIDUAL INCOME TAX BRACKETS, SO AS TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT, AND TO DELETE REDUNDANT LANGUAGE.
l:\council\bills\bbm\9840htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 142 (Word version) -- Senators Campsen and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA BUSINESS TAX ELIMINATION ACT" BY ADDING SECTION 12-6-547 SO AS TO ALLOW THE OWNER OF A PASS-THROUGH BUSINESS ELIGIBLE FOR THE REDUCED FIVE PERCENT TAX RATE ON ACTIVE TRADE OR BUSINESS INCOME TO DEFER TAXES OTHERWISE DUE ON RETAINED ACTIVE TRADE OR BUSINESS INCOME UNTIL THE RETAINED


Printed Page 69 . . . . . Tuesday, January 11, 2011

INCOME IS DISTRIBUTED, AT WHICH TIME THE TAX RATE APPLIED IS SEVEN PERCENT, TO PROVIDE THAT THE AMOUNT OF THE DEFERRAL IS THE DIFFERENCE BETWEEN THE CORPORATE INCOME TAX RATE FOR THE YEAR AND SEVEN PERCENT WITH THE CURRENT TAX PAID ALLOWED AS A CREDIT AGAINST THE TAX DUE AT DISTRIBUTION AND PROVIDE DEFINITIONS AND LIMITATIONS; AND TO AMEND SECTION 12-6-530, RELATING TO THE IMPOSITION OF THE CORPORATE INCOME TAX, SO AS TO REDUCE THE FIVE PERCENT RATE IN ANNUAL INCREMENTS OF ONE-HALF OF ONE PERCENT UNTIL THE TAX IS PHASED OUT AFTER TAXABLE YEAR 2021.
l:\council\bills\bbm\9839htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 143 (Word version) -- Senators Campsen and Rose: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE VALUATION ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT A SINGLE-MEMBER LIMITED LIABILITY COMPANY (LLC) OWNING RESIDENTIAL REAL PROPERTY WHERE THE SINGLE MEMBER IS AN INDIVIDUAL AND THE LLC IS NOT TAXED AS A CORPORATION QUALIFIES FOR THE SPECIAL ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY IF THE LLC MEETS ALL REQUIREMENTS FOR THAT SPECIAL ASSESSMENT RATIO.
l:\council\bills\bbm\9879htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 144 (Word version) -- Senators Campsen, Rose and Verdin: A BILL TO ENACT THE "SOUTH CAROLINA GENERAL OBLIGATION BOND FISCAL RESPONSIBILITY ACT" BY AMENDING SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, TO ALLOW THE AUTHORIZATION OF SUCH BONDS ONLY IN A BILL OR JOINT RESOLUTION ENACTED IN AN ODD-NUMBERED YEAR, TO


Printed Page 70 . . . . . Tuesday, January 11, 2011

EXTEND ALL LIMITATIONS OF THIS SECTION TO GENERAL OBLIGATION BONDS OF THE STATE, HOWEVER DESCRIBED, SUBJECT TO THE CONSTITUTIONAL LIMIT ON DEBT SERVICE MEASURED AS A PERCENTAGE OF GENERAL FUND REVENUES, TO REQUIRE THE ENACTMENT OF A SEPARATE JOINT RESOLUTION PRECEDING THE AUTHORIZATION OF BONDS THAT SPECIFICALLY ALLOWS THE CONSIDERATION OF A BOND BILL, TO PROVIDE THAT A BILL OR JOINT RESOLUTION ALLOWING SUCH BONDS MAY NOT BE GIVEN THIRD READING IN THE HOUSE OF REPRESENTATIVES OR SENATE OR REPORTED FROM A COMMITTEE OF CONFERENCE OR FREE CONFERENCE UNLESS IT IS ACCOMPANIED BY THE CERTIFICATE OF THE STATE TREASURER THAT DEBT SERVICE ON ALL GENERAL OBLIGATION BONDS OUTSTANDING WHEN ADDED TO ESTIMATED DEBT SERVICE ON AUTHORIZED BUT UNISSUED BONDS AND THE BONDS AUTHORIZED IN THE BILL OR JOINT RESOLUTION DOES NOT EXCEED THE THEN CURRENT CONSTITUTIONAL DEBT SERVICE LIMIT, AND TO DEFINE GENERAL OBLIGATION BOND.
l:\council\bills\bbm\9883htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 145 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 12-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT TO COLLECT AN OUTSTANDING LIABILITY OWED TO A GOVERNMENTAL ENTITY, SO AS TO LIMIT THE DEPARTMENT'S WAGE GARNISHMENT POWERS TO COLLECTION OF AN OUTSTANDING TAX LIABILITY AND TO DEFINE "OUTSTANDING TAX LIABILITY OWED A GOVERNMENTAL ENTITY".
l:\council\bills\bbm\9881htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 146 (Word version) -- Senators Campsen and Rose: A BILL TO AMEND SECTION 12-6-3515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX


Printed Page 71 . . . . . Tuesday, January 11, 2011

CREDIT ALLOWED FOR DONATIONS OF A GIFT OF LAND FOR CONSERVATION OR A QUALIFIED CONSERVATION CONTRIBUTION, TO PROVIDE THAT THE CREDIT EQUALS TWENTY-FIVE PERCENT OF THE TOTAL VALUE OF THE GIFT RATHER THAN TWENTY-FIVE PERCENT OF THE CHARITABLE DEDUCTION FOR THE GIFT ALLOWED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN, TO INCREASE THE MAXIMUM ANNUAL CREDIT ALLOWED A TAXPAYER FROM $52,500 TO $150,000, AND TO ADJUST THE MAXIMUM ANNUAL CREDIT FOR INCREASES IN THE CONSUMER PRICE INDEX, AND TO DELETE OBSOLETE PROVISIONS.
l:\council\bills\bbm\9878htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 147 (Word version) -- Senators Campsen, Rose and McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF THE SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR.
l:\council\bills\ggs\22693zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 148 (Word version) -- Senators Campsen, Rose, Verdin and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "HOME INVASION PROTECTION ACT", BY ADDING SECTION 16-11-320 TO ESTABLISH THE OFFENSE OF HOME INVASION, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE HOME INVASION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE STATUTORY AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED WHILE IN THE COMMISSION OF THE OFFENSE OF HOME INVASION.
l:\council\bills\nbd\11059ahb11.docx


Printed Page 72 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Judiciary.

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

S. 149 (Word version) -- Senators Campsen, Rose, McConnell, Ryberg and Massey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES ACT" BY ADDING SECTION 59-63-100 SO AS TO PERMIT HOME SCHOOL STUDENTS, GOVERNOR'S SCHOOL STUDENTS, AND CHARTER SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS.
l:\council\bills\agm\18225bh11.docx

Prefiled and referred to the Committee on Education.

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

S. 150 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO RECOGNIZE THE CITY OF NORTH CHARLESTON'S CONTRACTUAL RIGHT TO LIMIT RAIL ACCESS TO THE CHARLESTON NAVAL COMPLEX AND TO DECLARE THAT NO ACTIONS MAY BE TAKEN TO IMPAIR THE CITY'S ABILITY TO EXERCISE ANY OF ITS CONTRACTUAL RIGHTS CONCERNING THE COMPLEX.
l:\council\bills\dka\3147sd11.docx

Prefiled and referred to the Committee on Transportation.

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

S. 151 (Word version) -- Senators Shoopman, Rose and Verdin: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE BY ADDING RULE 53, THE "SEVENTY-TWO HOUR BUDGET RULE", SO AS TO ALLOW ADDITIONAL PUBLIC INPUT INTO THE ENACTMENT OF APPROPRIATIONS BILLS AND REVENUE RAISING BILLS BY ESTABLISHING STRICT TIME LIMITS DURING WHICH VERSIONS OF APPROPRIATIONS BILLS AND REVENUE RAISING BILLS AND AMENDMENTS THERETO MUST BE PUBLICLY AVAILABLE BEFORE CONSIDERATION AND VOTES ON THESE BILLS AND TO PROVIDE THAT A TWO-THIRDS VOTE MAY WAIVE THESE TIME LIMITS.
l:\council\bills\nbd\11054htc11.docx


Printed Page 73 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 152 (Word version) -- Senator Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "STATE DEPARTMENT OF ENERGY RESTRUCTURING ACT" BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 1, SO AS TO ESTABLISH THE STATE DEPARTMENT OF ENERGY TO BE HEADED BY THE STATE ENERGY DIRECTOR WHO IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; AND TO REPEAL ARTICLE 4, CHAPTER 52, TITLE 48 RELATING TO THE STATE ENERGY OFFICE.
l:\council\bills\dka\3122sd11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 153 (Word version) -- Senators Shoopman, Rose, McConnell and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 1 SO AS TO ENACT THE "SOUTH CAROLINA TRUTH IN SPENDING ACT" TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE, TO PROVIDE THAT EACH AGENCY, DEPARTMENT, AND INSTITUTION OF STATE GOVERNMENT AND EACH LOCAL GOVERNMENTAL ENTITY MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS AND THE CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC OFFICIALS AND EMPLOYEES FOR PUBLIC USE, AND TO PROVIDE THAT EACH LOCAL GOVERNMENTAL ENTITY MUST ANNUALLY POST ONLINE A LISTING OF ITS FULL-TIME EMPLOYEES GROUPED BY CLASS ALONG WITH THE NUMBER OF FULL-TIME POSITIONS IN EACH CLASS AND THE AVERAGE SALARY IN EACH CLASS.
l:\council\bills\dka\3121sd11.docx


Printed Page 74 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Finance.

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

S. 154 (Word version) -- Senators Shoopman and Verdin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ANNUAL SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO REQUIRE EACH ANNUAL SESSION OF THE GENERAL ASSEMBLY TO ADJOURN SINE DIE NO LATER THAN MARCH THIRTY-FIRST OF THE YEAR IN WHICH IT CONVENES.
l:\council\bills\dka\3120sd11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 155 (Word version) -- Senator Shoopman: A BILL TO AMEND SECTIONS 12-6-530 AND 12-6-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT CORPORATE INCOME TAX AND THE FIVE PERCENT TAX ON UNRELATED BUSINESS INCOME OF EXEMPT ORGANIZATIONS, HOMEOWNER'S ASSOCIATIONS, AND COOPERATIVES, SO AS TO PHASE OUT THESE TAXES OVER TEN YEARS; TO REPEAL, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 2020, SECTIONS 12-6-3360, 12-10-80, 12-10-81, 12-10-95, 12-14-60, 12-6-3410, 12-6-3420, 12-20-105, 12-6-3415, 12-6-3375, 12-6-3580, 12-6-3585, 12-6-3630, CHAPTER 65 OF TITLE 12, AND CHAPTER 34 OF TITLE 6, ALL RELATING TO VARIOUS TAX CREDITS, AND PROVIDE FOR THE CARRY-FORWARD AND PHASED REDUCTION OF THESE TAX CREDITS DURING THE PHASE-OUT PERIOD.
l:\council\bills\nbd\11052htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 156 (Word version) -- Senators Shoopman, Rose and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA FISCAL ACCOUNTABILITY ACT" BY ADDING SECTION 2-15-140 TO CREATE A DIVISION WITHIN THE LEGISLATIVE AUDIT COUNCIL TO CONDUCT EVALUATIONS OF PROGRAMS OF CERTAIN STATE AGENCIES AND DEPARTMENTS TO


Printed Page 75 . . . . . Tuesday, January 11, 2011

DETERMINE IF THESE PROGRAMS HAVE OUTLIVED THEIR USEFULNESS OR MUST BE CHANGED TO ADDRESS THE PRIORITIES AND NEEDS OF THE CITIZENS THEY AFFECT, PROVIDE FOR A PROCEDURE FOR THE INITIATION OF A REVIEW AND FOR DISPOSITION OF ITS FINDINGS AFTER A REVIEW HAS BEEN COMPLETED, REQUIRE THE GOVERNOR IN THE PREPARATION OF THE ANNUAL RECOMMENDED STATE BUDGET TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES, AND REQUIRE THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE IN THE CONSIDERATION OF THE ANNUAL GENERAL APPROPRIATIONS BILL AND BILLS OR JOINT RESOLUTIONS MAKING SUPPLEMENTAL APPROPRIATIONS TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES.
l:\council\bills\nbd\11053htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 157 (Word version) -- Senators Shoopman, Rose and Verdin: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION ALLOWED PERSONS OVER THE AGE OF SIXTY-FIVE YEARS, OR DISABLED, OR LEGALLY BLIND, SO AS TO INCREASE THE EXEMPTION AMOUNT FROM THE FIRST FIFTY THOUSAND DOLLARS TO THE FIRST ONE HUNDRED THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF THE HOMESTEAD; AND TO AMEND JOINT RESOLUTION 406 OF 2000, RELATING TO SUPPLEMENTAL APPROPRIATIONS, SO AS TO DELETE AN OBSOLETE REFERENCE OF THE HOMESTEAD EXEMPTION.
l:\council\bills\nbd\11055htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 158 (Word version) -- Senator Shoopman: A BILL TO AMEND SECTION 56-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS CONCERNING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "DEALER" OR "MOTOR VEHICLE DEALER".


Printed Page 76 . . . . . Tuesday, January 11, 2011

l:\council\bills\swb\5004cm11.docx

Prefiled and referred to the Committee on Transportation.

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

S. 159 (Word version) -- Senator Shoopman: A BILL TO AMEND SECTION 56-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MANUFACTURERS, DISTRIBUTORS, AND DEALERS OF MOTOR VEHICLES, SO AS TO PROVIDE THAT BUSINESSES WHICH OPERATE AS WHOLESALE MOTOR VEHICLE AUCTIONS, AND PERSONS DISPOSING OF MOTOR VEHICLES ACQUIRED FOR USE IN THE USUAL COURSE OR BUSINESS ARE NOT MOTOR VEHICLE DEALERS, AND TO PROVIDE THAT A PERSON WHO ATTEMPTS TO SELL OR SELLS FIVE MOTOR VEHICLES ACQUIRED FOR THEIR PERSONAL USE IN ANY ONE CALENDAR YEAR IS A DEALER OR WHOLESALER.
l:\council\bills\swb\5003cm11.docx

Prefiled and referred to the Committee on Transportation.

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

S. 160 (Word version) -- Senators Shoopman and Rose: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DRIVER OF A MOTOR VEHICLE IMPLYING CONSENT TO SUBMIT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A DRIVER ALSO IMPLIES CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS WHEN HE IS INVOLVED IN AN ACCIDENT THAT RESULTS IN THE DEATH OF A PERSON.
l:\council\bills\swb\5005cm11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 161 (Word version) -- Senators Shoopman, Rose and Campsen: A BILL TO AMEND SECTION 8-13-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY WHO IS EMPLOYED BY A STATE AGENCY OR DEPARTMENT EITHER DIRECTLY OR AS AN INDEPENDENT CONTRACTOR FROM VOTING ON LEGISLATION PERTAINING TO HIS EMPLOYER AGENCY OR DEPARTMENT, INCLUDING THE SECTION OF


Printed Page 77 . . . . . Tuesday, January 11, 2011

THE ANNUAL APPROPRIATIONS BILL IN WHICH THAT AGENCY'S OR DEPARTMENT'S FUNDING IS CONTAINED, AND TO PROVIDE THAT LEGISLATIVE ACTION TO INCREASE THE BENEFITS OR COMPENSATION OF THE MEMBERS OF THE GENERAL ASSEMBLY SHALL REQUIRE A TWO-THIRDS VOTE OF MEMBERS PRESENT AND VOTING.
l:\council\bills\ggs\22682zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 162 (Word version) -- Senators Shoopman and Rose: A SENATE RESOLUTION TO AMEND RULE 35A, RULES OF THE SENATE, RELATING TO THE ADMISSION TO THE FLOOR OF THE SENATE, TO PROVIDE THAT A SENATOR'S IMMEDIATE FAMILY MEMBERS SHALL BE ALLOWED ADMISSION TO THE SENATE FLOOR INSIDE THE RAIL.
l:\s-res\pws\001fami.mrh.pws.docx

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 163 (Word version) -- Senators Shoopman, Rose and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-95 SO AS TO CREATE THE OFFENSES OF UNLAWFULLY PROVIDING BEER OR WINE TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN GREAT BODILY INJURY OR DEATH RESULTS TO THE PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANOTHER PERSON AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 61-6-4083 SO AS TO CREATE THE OFFENSES OF UNLAWFULLY PROVIDING ALCOHOLIC LIQUORS TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN GREAT BODILY INJURY OR DEATH RESULTS TO THE PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANOTHER PERSON AND TO PROVIDE PENALTIES.
l:\council\bills\ms\7038ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 164 (Word version) -- Senators Shoopman and Verdin: A BILL TO AMEND SECTION 2-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 78 . . . . . Tuesday, January 11, 2011

RELATING TO THE CONSTRUCTION OF THE WORDS "PERSON" AND "PARTY" AS THOSE WORDS APPEAR IN THE LAWS OF THIS STATE, SO AS TO PROVIDE THAT THE CONSTRUCTION OF "PERSON", "HUMAN BEING", "CHILD", AND "INDIVIDUAL" INCLUDES INFANT MEMBERS OF THE SPECIES HOMO SAPIENS WHO ARE BORN ALIVE, AND TO DEFINE "BORN ALIVE".
l:\council\bills\ms\7037ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 165 (Word version) -- Senators Shoopman and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 1, TITLE 1, SO AS TO ENACT THE "LIFE BEGINNING AT CONCEPTION ACT" WHICH ESTABLISHES THAT THE RIGHT TO LIFE FOR EACH BORN AND PREBORN HUMAN BEING VESTS AT FERTILIZATION, AND THAT THE RIGHTS OF DUE PROCESS AND EQUAL PROTECTION, GUARANTEED BY SECTION 3, ARTICLE I OF THE CONSTITUTION OF THIS STATE VEST AT FERTILIZATION FOR EACH BORN AND PREBORN HUMAN PERSON.
l:\council\bills\ms\7036ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 166 (Word version) -- Senator Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-27-35 SO AS TO PROVIDE THAT AN EMPLOYEE WHO GIVES TESTIMONY TO A STANDING COMMITTEE, SUBCOMMITTEE OF A STANDING COMMITTEE, STUDY COMMITTEE, OR JOINT COMMITTEE OF THE GENERAL ASSEMBLY IS ENTITLED TO THE EMPLOYMENT PROTECTIONS OF CHAPTER 27, TITLE 8; AND TO AMEND SECTION 8-27-40, AS AMENDED, RELATING TO THE DISMISSAL, SUSPENSION, DEMOTION, OR DECREASE IN COMPENSATION OF AN EMPLOYEE OF A PUBLIC BODY, SO AS TO PROVIDE THAT A PUBLIC BODY MAY TAKE CERTAIN ACTIONS AGAINST AN EMPLOYEE FOR CAUSES INDEPENDENT OF PROVIDING TESTIMONY AS DESCRIBED IN SECTION 8-27-35.
l:\council\bills\ggs\22681zw11.docx


Printed Page 79 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Judiciary.

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

S. 167 (Word version) -- Senators Shoopman, Verdin and Ryberg: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE PENALTY TO LIFE WITHOUT PAROLE OR DEATH IF THE STATE SEEKS THE DEATH PENALTY FOR MURDER.
l:\council\bills\ms\7034ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 168 (Word version) -- Senators Shoopman and Verdin: A BILL TO AMEND SECTION 16-11-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR CUTTING, REMOVING, OR TRANSPORTING TIMBER PRODUCTS WITHOUT THE CONSENT OF THE LANDOWNER, SO AS TO INCREASE THE PENALTY FROM FIVE HUNDRED DOLLARS TO FIFTEEN HUNDRED DOLLARS IF THE VALUE OF THE TIMBER IS ONE THOUSAND DOLLARS OR LESS AND TO ESTABLISH MINIMUM AND MAXIMUM PENALTIES FOR TIMBER PRODUCTS VALUED AT MORE THAN ONE THOUSAND DOLLARS BUT LESS THAN FIVE THOUSAND DOLLARS AND FOR TIMBER PRODUCTS VALUED AT FIVE THOUSAND DOLLARS OR MORE.
l:\council\bills\ms\7033ahb11.docx

Prefiled and referred to the Committee on Agriculture and Natural Resources.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 169 (Word version) -- Senators Shoopman and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
l:\council\bills\ms\7039ahb11.docx


Printed Page 80 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Judiciary.

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

S. 170 (Word version) -- Senators Shoopman and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-78-35 SO AS TO PROVIDE THAT IN ANY CIVIL CONSPIRACY LAWSUIT BROUGHT UPON A STATE EMPLOYEE UNDER CERTAIN CIRCUMSTANCES, IF THE COURT FINDS THAT THE EMPLOYEE WAS ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OFFICIAL DUTIES, THE GOVERNMENTAL ENTITY AND THE EMPLOYEE ARE IMMUNE FROM SUIT, LIABILITY, AND DAMAGES FROM THE CIVIL CONSPIRACY CLAIM.
l:\council\bills\ms\7035ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 171 (Word version) -- Senators Shoopman, McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES ACT" BY ADDING SECTION 59-63-100 SO AS TO PERMIT HOME SCHOOL STUDENTS, GOVERNOR'S SCHOOL STUDENTS, AND CHARTER SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS.
l:\council\bills\agm\18205bh11.docx

Prefiled and referred to the Committee on Education.

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

S. 172 (Word version) -- Senator Rose: A BILL TO AMEND ARTICLE 2, CHAPTER 101, TITLE 59 OF THE 1976 CODE, RELATING TO PUBLIC INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-670 TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE, AND TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS AND THE CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC


Printed Page 81 . . . . . Tuesday, January 11, 2011

OFFICIALS AND EMPLOYEES FOR PUBLIC USE; AND TO AMEND ARTICLE 15, CHAPTER 1, TITLE 1, RELATING TO REPORTING OF EXPENDITURES OF STATE APPROPRIATED FUNDS BY STATE AGENCIES, PERSONAL DATA AND THE LIKE, BY ADDING SECTION 1-1-1040 TO PROVIDE THAT ALL STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR POSTING ON ITS INTERNET WEBSITE THE AGENCY'S, DEPARTMENT'S, OR INSTITUTION'S MONTHLY STATE PROCUREMENT CARD STATEMENTS OR MONTHLY REPORTS CONTAINING ALL OR SUBSTANTIALLY ALL THE SAME INFORMATION CONTAINED IN THE MONTHLY STATE PROCUREMENT CARD STATEMENTS.
l:\s-res\mtr\001univ.kmm.mtr.docx

Prefiled and referred to the Committee on Education.

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

S. 173 (Word version) -- Senator Rose: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, TO PROVIDE FOR THE BIENNIAL SESSION OF THE GENERAL ASSEMBLY, TO PROVIDE FOR A SINE DIE ADJOURNMENT DATE, TO PROVIDE THE MEANS AND THE LIMIT TO WHICH THE SINE DIE ADJOURNMENT DATE MAY BE EXTENDED, AND TO PROVIDE FOR THE CONVENING OF THE FIRST BIENNIAL SESSION.
l:\s-res\mtr\027sess.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 174 (Word version) -- Senator Rose: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 1 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS AFFECTING THE GOVERNOR, BY ADDING SECTION 1-3-60 TO PROVIDE THAT THE GOVERNOR MUST ESTABLISH AND MAINTAIN A TOLL-FREE TELEPHONE NUMBER TO RECEIVE INFORMATION, SUGGESTIONS, AND COMPLAINTS CONCERNING FRAUD, WASTE, ABUSE, MISMANAGEMENT, MISCONDUCT, OR UNETHICAL CONDUCT VIOLATIONS OF STATE OR FEDERAL LAWS AND WRONGDOING IN STATE GOVERNMENT.


Printed Page 82 . . . . . Tuesday, January 11, 2011

l:\s-res\mtr\002phon.kmm.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 175 (Word version) -- Senator Rose: A BILL TO AMEND SECTIONS 8-13-100 AND 8-13-1300 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE ETHICS ACT, TO AMEND THE DEFINITION OF "CONTRIBUTION" TO INCLUDE A LOAN GUARANTEE AS A CONTRIBUTION; TO AMEND SECTION 8-13-1326, RELATING TO CIRCUMSTANCES WHEN A LOAN TO A CANDIDATE IS CONSIDERED A CONTRIBUTION, TO INCLUDE A LOAN GUARANTEE; AND TO AMEND SECTION 8-13-1328, RELATING TO LIMITS ON THE REPAYMENT OF LOANS BY A CANDIDATE, TO PROVIDE THAT AFTER AN ELECTION A CANDIDATE MAY REIMBURSE HIMSELF FOR THE REPAYMENT OF A LOAN.
l:\s-res\mtr\004camp.mrh.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 176 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 6-27-30 OF THE 1976 CODE, RELATING TO FUNDING OF THE LOCAL GOVERNMENT FUND, TO PROVIDE THAT FOR ANY FISCAL YEAR THAT THE ACTUAL AMOUNT APPROPRIATED TO THE LOCAL GOVERNMENT FUND IS LESS THAN THE AMOUNT APPROPRIATED IN THE LATEST COMPLETED FISCAL YEAR, A POLITICAL SUBDIVISION RECEIVING AID FROM THE FUND MAY REDUCE ITS SUPPORT TO ANY STATE MANDATED PROGRAM OR REQUIREMENT BY UP TO A PERCENTAGE EQUAL TO THE PERCENTAGE REDUCTION IN THE ACTUAL AMOUNT APPROPRIATED TO THE LOCAL GOVERNMENT FUND.
l:\s-res\mtr\005aidt.mrh.mtr.docx

Prefiled and referred to the Committee on Finance.

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

S. 177 (Word version) -- Senator Rose: A BILL TO AMEND TITLE 11 OF THE 1976 CODE, BY ADDING CHAPTER 54, TO CREATE THE COUNCIL ON EFFICIENT GOVERNMENT, TO PROVIDE THE PROVIDE THE POWERS AND DUTIES OF THE COUNCIL, TO PROVIDE THE REQUIREMENTS OF A STATE AGENCY


Printed Page 83 . . . . . Tuesday, January 11, 2011

PROPOSAL TO OUTSOURCE GOODS OR SERVICES, TO PROVIDE FOR AN ACCOUNTING METHOD TO BE USED BY THE COUNCIL, AND TO PROVIDE EXCEPTIONS.
l:\s-res\mtr\006effi.ebd.mtr.docx

Prefiled and referred to the Committee on Finance.

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

S. 178 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 71, TITLE 38 OF THE 1976 CODE, RELATING TO HEALTH INSURANCE COVERAGE, BY ADDING SECTION 38-71-45, TO PROVIDE THAT A WOMAN CANNOT BE DENIED HEALTH INSURANCE COVERAGE BECAUSE SHE HAS UNDERGONE A CESAREAN SECTION, AND TO PROVIDE THAT AN INJURY OR CONDITION RESULTING FROM A CESAREAN SECTION SHALL NOT BE CONSIDERED A PREEXISTING CONDITION; AND BY ADDING SECTION 38-71-48 TO PROVIDE THAT A PERSON MAY NOT BE DENIED COVERAGE BASED UPON THE APPLICANT'S OR INSURED'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE OR ABUSE, AND TO PROVIDE THAT AN INJURY OR CONDITION RESULTING FROM DOMESTIC VIOLENCE OR ABUSE SHALL NOT BE CONSIDERED A PREEXISTING CONDITION.
l:\s-res\mtr\007dome.mrh.mtr.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 179 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 6, TITLE 12 OF THE 1976 CODE, RELATING TO INCOME TAXATION, BY ADDING SECTION 12-6-1205 TO PROVIDE THAT RETIREMENT COMPENSATION RECEIVED FOR MILITARY SERVICE TO THE UNITED STATES OF AMERICA IS EXEMPT FROM INCOME TAXATION.
l:\s-res\mtr\015mili.ebd.mtr.docx

Prefiled and referred to the Committee on Finance.

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

S. 180 (Word version) -- Senator Rose: A BILL TO AMEND TITLE 38 OF THE 1976 CODE, BY ADDING CHAPTER 110, TO CREATE THE "AFFORDABLE HEALTH INSURANCE ACT", TO PROVIDE THAT HEALTH INSURERS MAY OPERATE CERTAIN


Printed Page 84 . . . . . Tuesday, January 11, 2011

PROGRAMS WITHOUT VIOLATING UNFAIR TRADE PRACTICE LAWS, TO PROVIDE THAT NO RELATIONSHIP MUST EXIST BETWEEN PREFERRED PROVIDER AND NON-PREFERRED PROVIDER PLAN REIMBURSEMENTS, TO PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL ALLOW HEALTH REIMBURSEMENT ARRANGEMENT PLANS, TO PROVIDE EXCEPTIONS TO THE ALLOWANCE OF HEALTH REIMBURSEMENT ARRANGEMENT PLANS, AND TO PROVIDE FOR INCOME TAX EXEMPTIONS FOR PREMIUMS PAID TO A HIGH DEDUCTIBLE HEALTH PLAN.
l:\s-res\mtr\014affo.ebd.mtr.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 181 (Word version) -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE, BY ADDING SECTION 4 TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.
l:\s-res\mtr\013remo.mrh.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 182 (Word version) -- Senators Rose and Verdin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 12 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICERS, RULES, AND PUNISHMENT AND EXPULSION OF MEMBERS OF EACH HOUSE OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THE GENERAL ASSEMBLY MAY ESTABLISH BY PERMANENT LAW MATTERS WHICH REQUIRE THE RECORDING OF THE YEAS AND NAYES IN THE JOURNALS OF EACH HOUSE IN ADDITION TO THOSE MATTERS FOR WHICH THE RECORDING OF THE YEAS AND NAYES IS REQUIRED BY THIS CONSTITUTION.


Printed Page 85 . . . . . Tuesday, January 11, 2011

l:\s-res\mtr\026rolc.mrh.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 183 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 35, TITLE 11 OF THE 1976 CODE, BY ADDING SECTION 11-35-1600, TO PROVIDE THAT ANY STATE AGENCY ENTERING INTO A CONTRACT FOR LEGAL SERVICES IN EXCESS OF ONE MILLION DOLLARS MUST AWARD THE CONTRACT BY COMPETITIVE SEALED BIDDING, TO CREATE THE PRIVATE ATTORNEY RETENTION COMMITTEE AND TO PROVIDE FOR THE COMMITTEE'S DUTIES AND POWERS, TO PROVIDE THE CONTRACT REVIEW PROCESS FOR LEGAL SERVICE CONTRACTS IN EXCESS OF ONE MILLION DOLLARS, AND TO PROVIDE EXCEPTIONS.
l:\s-res\mtr\010pars.mrh.mtr.docx

Prefiled and referred to the Committee on Finance.

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

S. 184 (Word version) -- Senator Rose: A BILL TO AMEND TITLE 38 OF THE 1976 CODE, BY ADDING CHAPTER 105, TO ENACT THE "MANDATED BENEFITS REVIEW ACT", TO PROVIDE DEFINITIONS, TO PROVIDE THAT PROPOSED AND EXISTING MANDATED HEALTH BENEFITS MUST BE REVIEWED BY THE DEPARTMENT OF INSURANCE, TO PROVIDE THE METHOD OF REVIEW, AND TO PROVIDE FOR THE EXPIRATION OF MANDATED HEALTH BENEFITS AFTER REVIEW UNLESS THE BENEFITS ARE REAUTHORIZED BY THE GENERAL ASSEMBLY.
l:\s-res\mtr\009heal.ebd.mtr.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 185 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 5, TITLE 38 OF THE 1976 CODE, RELATING TO TRANSACTING INSURANCE BUSINESS, BY ADDING SECTION 38-5-15, TO PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL AUTHORIZE OUT-OF-STATE INSURERS TO OFFER HEALTH INSURANCE POLICIES IN THIS STATE, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO


Printed Page 86 . . . . . Tuesday, January 11, 2011

CONDUCT MARKET AND SOLVENCY EXAMINATIONS OF OUT-OF-STATE INSURERS SEEKING TO OFFER PLANS IN THIS STATE, AND TO PROVIDE LANGUAGE THAT MUST BE PRESENT IN AN OUT-OF-STATE HEALTH INSURANCE PLAN OFFERED TO SOUTH CAROLINA RESIDENTS.
l:\s-res\mtr\008heal.ebd.mtr.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 186 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 38-72-60 OF THE 1976 CODE, RELATING TO LONG TERM CARE INSURANCE TERMS AND CONDITIONS, TO PROVIDE THAT A LONG TERM CARE INSURANCE POLICY MUST PROVIDE AN OPTION TO NAME A THIRD PARTY TO CONTACT IF PREMIUMS GO UNPAID.
l:\s-res\mtr\012long.ebd.mtr.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 187 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 44-7-260 OF THE 1976 CODE, RELATING TO REQUIREMENTS FOR LICENSURE, TO PROVIDE THAT NURSING HOMES MUST CARRY AT LEAST ONE MILLION DOLLARS IN COMPREHENSIVE GENERAL LIABILITY INSURANCE TO OBTAIN A LICENSE, TO PROVIDE THAT A NURSING HOME MUST NOTIFY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UPON CANCELLATION OF A GENERAL LIABILITY POLICY, AND TO PROVIDE THAT A NURSING HOME LICENSE SHALL BE REVOKED UPON FAILURE TO MAINTAIN GENERAL LIABILITY INSURANCE.
l:\s-res\mtr\011nurs.ebd.mtr.docx

Prefiled and referred to the Committee on Medical Affairs.

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

S. 188 (Word version) -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 4 IN ARTICLE XVI SO AS TO PROVIDE AT THE GENERAL ELECTION OF 2012 AND EVERY


Printed Page 87 . . . . . Tuesday, January 11, 2011

TWENTY YEARS AFTERWARD, THE QUESTION OF WHETHER A CONSTITUTIONAL CONVENTION BE HELD TO REVISE, AMEND, OR CHANGE THE CONSTITUTION OF THIS STATE MUST BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE STATE TO BE DECIDED BY A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION, AND WHERE A MAJORITY OF THE ELECTORS VOTING IN FAVOR OF THIS CONSTITUTIONAL CONVENTION, THE GENERAL ASSEMBLY AT ITS NEXT SESSION SHALL BY MAJORITY VOTE OF THE MEMBERSHIP PROVIDE BY LAW FOR THE COMPOSITION, FUNDING, ORGANIZATION, AND PROCEDURAL RULES OF THIS CONSTITUTIONAL CONVENTION.
l:\council\bills\agm\18201ab11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 189 (Word version) -- Senator Rose: A JOINT RESOLUTION CALLING FOR A CONSTITUTIONAL CONVENTION TO REVISE, AMEND, OR CHANGE THE CONSTITUTION OF THIS STATE, AND RECOMMENDING TO THE VOTERS OF THIS STATE TO VOTE FOR OR AGAINST THIS CONVENTION AT THE NEXT ELECTION FOR REPRESENTATIVES, AND PROVIDING IF APPROVED BY A MAJORITY OF QUALIFIED ELECTORS OF THIS STATE VOTING ON THE QUESTION, THE GENERAL ASSEMBLY AT ITS NEXT SESSION SHALL BY MAJORITY VOTE OF THE MEMBERSHIP PROVIDE BY LAW FOR THE COMPOSITION, FUNDING, ORGANIZATION, AND PROCEDURAL RULES OF THIS CONSTITUTIONAL CONVENTION.
l:\council\bills\agm\18202ab11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 190 (Word version) -- Senator Coleman: A BILL TO AMEND SECTION 12-6-3600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED FOR ETHANOL AND BIODIESEL FACILITIES, SO AS TO EXTEND FOR FOUR YEARS THROUGH 2020 THE TAXABLE YEARS IN WHICH THE CREDIT IS ALLOWED FOR CORN-BASED ETHANOL AND SOY-BASED BIODIESEL AND TO EXTEND THROUGH 2020 THE TIME IN


Printed Page 88 . . . . . Tuesday, January 11, 2011

WHICH THE FACILITY MUST MEET THE MINIMUM CAPACITY REQUIREMENTS TO BE ELIGIBLE FOR THE CREDIT AND TO PROHIBIT A DOUBLE CREDIT.
l:\council\bills\bbm\9849htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 191 (Word version) -- Senator Rose: A BILL TO AMEND THE 1976 CODE, BY ADDING ARTICLE 29 TO CHAPTER 7, TITLE 44, TO ENACT THE "COMMUNITY RESIDENTIAL CARE FACILITY STAR RATING SYSTEM"; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP THE RATING SYSTEM; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE REQUIREMENTS FOR THE RATING SYSTEM, INCLUDING A BASIS FOR DETERMINING A FACILITY'S RATING; TO AMEND SECTION 44-7-150, RELATING TO CERTAIN DUTIES OF THE DEPARTMENT, TO ADD DEVELOPMENT AND IMPLEMENTATION OF THE COMMUNITY RESIDENTIAL CARE FACILITY STAR RATING SYSTEM; TO AMEND SECTION 44-7-310, RELATING TO THE PROHIBITION OF PUBLIC DISCLOSURE OF CERTAIN INFORMATION RECEIVED BY THE DEPARTMENT THROUGH INSPECTION OR OTHERWISE, TO PROVIDE AN EXCEPTION ALLOWING LIMITED DISCLOSURE OF THIS INFORMATION WHEN RELATED TO A COMMUNITY RESIDENTIAL CARE FACILITY; TO AMEND SECTION 44-7-315, RELATING TO DISCLOSURE OF INFORMATION REGARDING A FACILITY OR HOME LICENSED BY THE DEPARTMENT, TO PROVIDE AN EXCEPTION FOR A COMMUNITY RESIDENTIAL CARE FACILITY TO ACCOMPLISH THE RATING SYSTEM; AND TO AMEND SECTION 44-7-370, RELATING TO THE RESIDENTIAL CARE COMMITTEE, TO REQUIRE THE COMMITTEE TO EXPAND ITS DUTIES TO INCLUDE ADVISING THE DEPARTMENT WITH RESPECT TO THE COMMUNITY RESIDENTIAL CARE FACILITY STAR RATING SYSTEM.
l:\s-res\mtr\028resi.ebd.mtr.docx

Prefiled and referred to the Committee on Medical Affairs.

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


Printed Page 89 . . . . . Tuesday, January 11, 2011

S. 192 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 11 OF THE 1976 CODE, RELATING TO THE COMPTROLLER GENERAL, BY ADDING SECTION 11-3-250, TO PROVIDE THAT THE COMPTROLLER GENERAL SHALL CONTRACT WITH CONSULTANTS TO CONDUCT RECOVERY AUDITS OF PAYMENTS MADE ON BEHALF OF STATE AGENCIES TO VENDORS, TO PROVIDE WHEN AN AUDIT IS NECESSARY, AND TO PROVIDE THE PROCESS IN WHICH THE RESULTS OF THE AUDIT ARE ADMINISTERED.
l:\s-financ\drafting\mtr\005over.dag.mtr.docx

Prefiled and referred to the Committee on Finance.

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

S. 193 (Word version) -- Senators Rose and McConnell: A BILL TO AMEND CHAPTER 1, TITLE 55 OF THE 1976 CODE, BY ADDING SECTION 55-1-85 TO PROVIDE THAT STATE AGENCIES MANAGING AIRCRAFT SHALL KEEP RECORDS OF EACH FLIGHT, TO PROVIDE THE INFORMATION TO BE RECORDED, TO PROVIDE THAT THE RECORDS SHALL MADE BE AVAILABLE ONLINE BY THE DIVISION OF AERONAUTICS, AND TO PROVIDE EXCEPTIONS.
l:\s-res\mtr\024airc.ebd.mtr.docx

Prefiled and referred to the Committee on Transportation.

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

S. 194 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24 OF THE 1976 CODE, BY ADDING ARTICLE 13 TO ENACT THE "CONDITIONAL EARLY RELEASE BY BOND ACT", AND TO ALLOW THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO RELEASE A PRISONER AFTER CONVICTION BASED ON CERTAIN RELEASE PROVISIONS AND FOR THE RELEASE PROVISIONS TO BE PROVIDED FOR BY LAW.
l:\s-res\mtr\023earl.mrh.mtr.docx

Prefiled and referred to the Committee on Corrections and Penology.

Read the first time and referred to the Committee on Corrections and Penology.

S. 195 (Word version) -- Senators Rose and Campsen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO


Printed Page 90 . . . . . Tuesday, January 11, 2011

THE DECLARATION OF RIGHTS, BY ADDING SECTION 25 TO PREEMPT ANY FEDERAL LAW OR RULE THAT RESTRICTS A PERSON'S CHOICE OF PRIVATE HEALTH CARE PROVIDERS OR THE RIGHT TO PAY FOR MEDICAL SERVICES.
l:\s-res\mtr\019heal.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 196 (Word version) -- Senator Rose: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 9, ARTICLE III OF THE SOUTH CAROLINA CONSTITUTION, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, TO PROVIDE FOR THE BIENNIAL SESSION OF THE GENERAL ASSEMBLY, TO PROVIDE FOR A SINE DIE ADJOURNMENT DATE, TO PROVIDE THE MEANS AND THE LIMIT TO WHICH THE SINE DIE ADJOURNMENT DATE MAY BE EXTENDED, AND TO PROVIDE FOR THE CONVENING OF THE FIRST BIENNIAL SESSION.
l:\s-res\mtr\017adjo.mrh.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 197 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 15 OF THE 1976 CODE, RELATING TO CIVIL REMEDIES, BY ADDING SECTION 15-1-315 TO PROVIDE THAT A LICENSED DRIVER WHO VOLUNTARILY TRANSPORTS SENIORS OR PERSONS WITH DISABILITIES IN AN INSURED VEHICLE IS NOT LIABLE BEYOND THE LIMITS OF HIS AUTOMOBILE LIABILITY INSURANCE COVERAGE FOR ACTS OR OMISSIONS RESULTING FROM THE RENDERING OF THE TRANSPORTATION SERVICES IN THE ABSENSE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
l:\s-res\mtr\016volu.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 198 (Word version) -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 16 OF THE RULES OF THE SENATE, RELATING TO VOTING, TO PROVIDE THAT A VOTE SHALL BE TAKEN BY ROLL CALL AND THE NAMES OF THE SENATORS VOTING SHALL BE RECORDED IN THE JOURNAL IF A ROLL CALL VOTE IS REQUIRED BY STATUTE.


Printed Page 91 . . . . . Tuesday, January 11, 2011

l:\s-res\mtr\025roll.ebd.mtr.docx

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 199 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND PRESIDENT BARACK OBAMA TO EXPEDITIOUSLY ENACT LEGISLATION GRANTING TEMPORARY PROTECTED STATUS TO ALL QUALIFYING MEXICAN REFUGEES WHO HAVE FLED TO THE UNITED STATES TO ESCAPE MEXICO'S UNCONTROLLED DRUG-RELATED VIOLENCE, CORRUPT AND INEFFECTIVE LAW ENFORCEMENT ENTITIES, AND OVERT POLITICAL REPRESSION.
l:\council\bills\ggs\22678zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 200 (Word version) -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-145, TO ENACT THE "PROVISIONS FOR COST OF ANIMAL CARE ACT OF 2011", TO PROVIDE THAT THE CUSTODIAN OF AN ANIMAL TAKEN INTO CUSTODY DUE TO CIVIL OR CRIMINAL VIOLATIONS BY ITS OWNER MAY PETITION THE COURT FOR EXPENSES RELATED TO PROVIDING CARE TO THE ANIMAL, TO ESTABLISH PROCEDURES FOR HEARING SUCH PETITIONS AND FOR THE COLLECTION AND USE OF FUNDS ORDERED TO BE PAID, TO PROVIDE THAT A PERSON WHO FAILS TO PAY SUCH FUNDS FORFEITS RIGHTS OF OWNERSHIP TO THE ANIMAL, TO PROVIDE FOR THE DISPOSITION OF SUCH AN ANIMAL, AND TO PROVIDE FOR THE RETURN OF FUNDS WHEN A PERSON IS NOT FOUND TO BE IN VIOLATION; TO AMEND SECTION 47-1-130, RELATING TO CRUELTY TO ANIMALS, TO PROVIDE THAT AGENTS OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR ANY OTHER SOCIETY DULY INCORPORATED FOR THAT PURPOSE, MAY ASSIST WITH A LAWFUL INVESTIGATION OF THIS CHAPTER, BUT MAY ONLY EFFECTUATE AN ARREST OF A PERSON IF THEY HAVE BEEN VESTED WITH THE POWER TO ARREST BY A SHERIFF


Printed Page 92 . . . . . Tuesday, January 11, 2011

OR THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY; AND TO AMEND SECTION 47-1-140, RELATING TO NOTICE PROVIDED TO THE OWNER OF ANIMALS WHICH HAVE BEEN SEIZED FROM OTHERS UPON ARREST, TO REMOVE SPECIAL PROVISIONS FOR AGENTS OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR ANY OTHER SOCIETY DULY INCORPORATED FOR THAT PURPOSE.
l:\s-res\jl\001anim.mrh.jl.docx

Prefiled and referred to the Committee on Agriculture and Natural Resources.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 201 (Word version) -- Senators Lourie, Knotts, Rose, Hayes, O'Dell, Ryberg, Courson, Elliott, Massey and McConnell: A BILL TO AMEND SECTION 16-27-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTIONS OF CERTAIN ACTIVITIES FROM THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO DELETE THE EXEMPTION OF "BEAR-BAYING"; AND TO AMEND SECTION 50-11-430, AS AMENDED, RELATING TO BEAR HUNTING AND UNLAWFUL ACTS IN REGARD TO BEARS INCLUDING A PROVISION THAT IT IS UNLAWFUL TO POSSESS A CAPTIVE BEAR EXCEPT BY PERMIT ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT A CAPTIVE BEAR FOR WHICH A PERMIT HAS BEEN ISSUED AND WHICH UPON INFORMATION AND BELIEF OF THE DEPARTMENT HAS BEEN OR IS BEING USED FOR THE PURPOSE OF "BEAR-BAYING" MUST BE TAKEN INTO CUSTODY BY THE DEPARTMENT, AND TO PROVIDE THAT THE DEPARTMENT SHALL MAKE EVERY EFFORT TO PLACE THESE BEARS IN A SUITABLE ENVIRONMENT, INCLUDING ZOOS OR ANIMAL PARKS WITHIN OR OUTSIDE THIS STATE.
l:\council\bills\dka\3142sd11.docx

Prefiled and referred to the Committee on Fish, Game and Forestry.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 202 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 93 . . . . . Tuesday, January 11, 2011

CAROLINA, 1976, RELATING TO TAXES ON LICENSES GRANTED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO DELETE THE LICENSE FEE FOR A MICRO-DISTILLERY; AND TO REPEAL SUBARTICLE 11, ARTICLE 3, CHAPTER 6, TITLE 61 RELATING TO THE ESTABLISHMENT AND LICENSING OF MICRO-DISTRIBUTORS OF ALCOHOLIC LIQUORS.
l:\council\bills\dka\3000zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 203 (Word version) -- Senators Campbell and Knotts: A BILL TO AMEND SECTION 16-23-460 OF THE 1976 CODE, RELATING TO CARRYING CONCEALED WEAPONS, TO PROVIDE THAT THIS SECTION SUPERSEDES AND PREEMPTS ANY ORDINANCE THAT RESTRICTS CARRYING CONCEALABLE WEAPONS.
l:\s-res\pgc\001weap.ebd.pgc.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 204 (Word version) -- Senators Davis and Rose: A BILL TO AMEND SECTION 7-11-80 OF THE 1976 CODE, RELATING TO THE FORM OF NOMINATING PETITIONS, TO PROVIDE THAT PETITIONS SHALL BE ON PAPER SIZED 8 1/2 '' X 11''.
l:\s-res\td\001peti.ebd.td.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 205 (Word version) -- Senators Davis, Shoopman, Massey, Bright, Bryant, Grooms, Peeler, Rose, McConnell, Campsen and S. Martin: A JOINT RESOLUTION TO PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT AUTHORIZE A STATE AGENCY, DEPARTMENT, OR ENTITY TO INCREASE OR IMPLEMENT A FEE, PENALTY, OR FINE IN THE STATE ANNUAL GENERAL APPROPRIATIONS ACT OR OTHER ACTS SUPPLEMENTAL TO THAT ACT; TO PROVIDE THAT ANY INCREASE OR IMPLEMENTATION OF A FEE OR FINE ONLY MAY BE AUTHORIZED BY AN ACT SEPARATE FROM AN APPROPRIATIONS ACT; TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, OR ENTITY MAY INCREASE OR IMPLEMENT BY REGULATION OR ADMINISTRATIVE ACTION A FEE, PENALTY, OR FINE; TO


Printed Page 94 . . . . . Tuesday, January 11, 2011

PROVIDE EXCEPTIONS TO THESE PROHIBITIONS, TO PROVIDE FOR THE EXPIRATION OF THESE PROHIBITIONS JANUARY 15, 2013, UNLESS REAUTHORIZED BY LAW; AND TO ESTABLISH THE OTHER FUNDS STUDY COMMITTEE TO REVIEW AND MAKE RECOMMENDATIONS CONCERNING AGENCY EARMARKED AND RESTRICTED FUND ACCOUNTS, INCLUDING FUNDS FROM ALL SOURCES RETAINED AND EXPENDED FOR AGENCY OPERATIONS, TO PROVIDE FOR THE MEMBERSHIPS OF THE COMMITTEE, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS NO LATER THAN JANUARY 15, 2013, AFTER WHICH THE COMMITTEE TERMINATES.
l:\council\bills\nbd\11069htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 206 (Word version) -- Senators Davis, Shoopman, Massey, Bright, Bryant, Rose and S. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 12 SO AS TO PROVIDE THAT LEGISLATION PROVIDING TAX INCENTIVES OR SUBSIDIES MUST BE INTRODUCED IN SEPARATE BILLS AND IS SUBJECT TO A RECORDED VOTE, TO PROVIDE THAT TAX INCENTIVES AND SUBSIDIES ARE TO BE GRANTED AS FORGIVABLE LOANS, TO PROVIDE THE CONDITIONS THAT MUST BE MET FOR THE LOANS TO BE FORGIVEN, TO PROVIDE THE REQUIREMENTS FOR TAX INCENTIVE AND SUBSIDY APPLICATIONS, TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS AND DEPARTMENT OF COMMERCE SHALL CONDUCT ANALYSES AND REVIEWS OF TAX INCENTIVES AND SUBSIDIES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN EXEMPTIONS ARE SUBJECT TO DISCLOSURE AS REQUIRED BY CHAPTER 66, TITLE 12.
l:\council\bills\nbd\11070htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 207 (Word version) -- Senators Davis, Shoopman, Massey, Bright, Bryant, Rose, Campsen, Verdin and S. Martin: A BILL TO AMEND THE CODE


Printed Page 95 . . . . . Tuesday, January 11, 2011

OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-415 SO AS TO PROVIDE THAT THE LIMIT ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR IS THE TOTAL AMOUNT OF THE GENERAL FUND REVENUE ESTIMATE AS OF FEBRUARY FIFTEENTH FOR FISCAL YEAR 2010-2011, INCREASED ANNUALLY AND CUMULATIVELY BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASES AND INCREASES IN THE CONSUMER PRICE INDEX, AND REDUCTIONS FOR NONRECURRING REVENUES, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE, TO ESTABLISH THE INCOME TAX REBATE FUND, TO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, INCLUDING AN INCOME TAX REBATE TO TAXPAYERS, AND TO REQUIRE THAT APPROPRIATION OF REVENUES OF THIS FUND MUST BE BY A JOINT RESOLUTION ORIGINATING IN THE HOUSE OF REPRESENTATIVES.
l:\council\bills\nbd\11071htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 208 (Word version) -- Senators Davis, Shoopman, Massey, Bright, Bryant, Grooms, Rose, Campsen, Verdin and S. Martin: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE BY ADDING RULE 53, THE "SEVENTY-TWO HOUR BUDGET RULE", SO AS TO ALLOW ADDITIONAL PUBLIC INPUT INTO THE ENACTMENT OF APPROPRIATIONS BILLS AND REVENUE RAISING BILLS BY ESTABLISHING STRICT TIME LIMITS DURING WHICH VERSIONS OF APPROPRIATIONS BILLS AND REVENUE RAISING BILLS AND AMENDMENTS THERETO MUST BE PUBLICLY AVAILABLE BEFORE CONSIDERATION AND VOTES ON THESE BILLS AND TO PROVIDE THAT A TWO-THIRDS VOTE MAY WAIVE THESE TIME LIMITS.
l:\council\bills\nbd\11068htc11.docx


Printed Page 96 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 209 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ALLOW A PERSON QUALIFIED TO VOTE IN SOUTH CAROLINA TO VOTE BY AN ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO REMOVE ALL MENTION OF QUALIFICATIONS TO VOTE ABSENTEE AND ALLOW THE APPLICATION PROCESS TO BE COMPLETED ONLINE; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF THE APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO REMOVE ALL MENTION OF REASON TO VOTE ABSENTEE AND ALLOW THE APPLICATION PROCESS TO BE COMPLETED ONLINE; BY ADDING SECTION 7-25-240 SO AS TO MAKE THE UTILIZATION OF THE ONLINE APPLICATION PROCESS IN AN UNAUTHORIZED ATTEMPT TO RECEIVE AN ABSENTEE BALLOT IN THE NAME OR VOTER REGISTRATION NUMBER OF ANOTHER A FELONY AND TO SET THE PENALTY FOR THE OFFENSE; AND TO AMEND SECTION 7-15-370, AS AMENDED, RELATING TO FURNISHING BALLOTS AND ENVELOPES, SO AS TO REMOVE ALL MENTION OF QUALIFICATIONS TO RECEIVE AN ABSENTEE BALLOT.
l:\council\bills\ggs\22701zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 210 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEGINNER PERMITS, SO AS TO REQUIRE A PERSON WHO IS ISSUED A BEGINNER'S PERMIT WHILE UNDER SIXTEEN YEARS OF AGE TO HOLD THE PERMIT FOR AT LEAST THREE HUNDRED SIXTY-FIVE DAYS BEFORE BEING ELIGIBLE FOR A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE THAT BEGINNER PERMITS ARE VALID FOR EIGHTEEN MONTHS; TO AMEND SECTIONS 56-1-40, 56-1-176, 56-1-187, 56-1-130, AS AMENDED, AND


Printed Page 97 . . . . . Tuesday, January 11, 2011

56-1-185, ALL RELATING TO THE ISSUANCE OF VARIOUS FORMS OF DRIVER'S LICENSES, SO AS TO DELETE A REFERENCE TO A CONDITIONAL DRIVER'S LICENSE; AND TO REPEAL SECTION 56-1-175 RELATING TO THE ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE.
l:\council\bills\swb\5020cm11.docx

Prefiled and referred to the Committee on Transportation.

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

S. 211 (Word version) -- Senators Matthews, Land, Leatherman, Leventis, Hutto and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 11 SO AS TO ESTABLISH THE "I-95 CORRIDOR AUTHORITY ACT" AND TO PROVIDE FOR THE COMPOSITION, DUTIES, AND POWERS OF THE AUTHORITY.
l:\council\bills\dka\3144sd11.docx

Prefiled and referred to the Committee on Finance.

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

S. 212 (Word version) -- Senators McConnell, Shoopman, Campsen, Peeler, Campbell and Rose: A BILL TO AMEND SECTION 8-13-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN AND DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST, SO AS TO REQUIRE THAT THE MEMBER BE EXCUSED FROM ALL VOTES INVOLVING A POTENTIAL CONFLICT ON THE FLOOR OF THE RESPECTIVE HOUSE, DURING COMMITTEE PROCEEDINGS OR SUBCOMMITTEE PROCEEDINGS, AND TO PROHIBIT THE MEMBER FROM LISTING HIS RECUSAL ON THE VOTE IN THE JOURNAL IF THE MEMBER PARTICIPATED IN ANY MANNER ON THE MATTER.
l:\s-jud\bills\mcconnell\jud0043.ssp.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 213 (Word version) -- Senators McConnell and Campsen: A BILL TO DIRECT THE SOUTH CAROLINA CODE COMMISSIONER TO INCLUDE BEGINNING WITH THE 2011 CUMULATIVE SUPPLEMENT TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, CERTAIN REPORTER'S COMMENTS IN REGARD TO VARIOUS


Printed Page 98 . . . . . Tuesday, January 11, 2011

PROVISIONS OF THE SOUTH CAROLINA PROBATE CODE IN TITLE 62, AMENDED BY ACT 244 OF 2010.
l:\council\bills\dka\3010sd11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 214 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-492 SO AS TO PROVIDE A WORKERS' COMPENSATION EXPERIENCE RATING PLAN USED IN THIS STATE MUST CALCULATE THE RATE OF AN INDIVIDUAL EMPLOYER BASED ON ALL PAYROLL HISTORY DATA AND LOSS HISTORY DATA PROVIDED BY THE INDIVIDUAL EMPLOYER AND MAY NOT EXCLUDE THIS DATA BECAUSE IT FAILS TO FALL WITHIN A SPECIFIED TIME PERIOD.
l:\council\bills\agm\18183ab11.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 215 (Word version) -- Senator Jackson: A BILL TO AMEND ARTICLE 47, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD PASSENGER RESTRAINT SYSTEMS, SO AS TO DELETE THE TERM "THIS ARTICLE" AND REPLACE IT WITH "SECTION 56-5-6410", AND TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OR OCCUPANT OF A MOTOR VEHICLE TO SMOKE A TOBACCO PRODUCT WHILE A CHILD WHO IS LESS THAN TEN YEARS OLD IS ALSO AN OCCUPANT OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
l:\s-res\dj\006smok.kmm.dj.docx

Prefiled and referred to the Committee on Transportation.

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

S. 216 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 1-11-720 OF THE 1976 CODE, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ALLOWED TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, TO UPDATE REFERENCES RELATING TO THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO ALLOW EMPLOYEES OF BERKELEY


Printed Page 99 . . . . . Tuesday, January 11, 2011

CITIZENS, BABCOCK CENTER, CHARLES LEA CENTER, AND TRI DEVELOPMENT CENTER OF AIKEN COUNTY TO PARTICIPATE IN THESE PLANS; AND TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, TO UPDATE REFERENCES RELATING TO THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES IN THE DEFINITIONS OF "EMPLOYEE" AND "EMPLOYER" AND TO INCLUDE WITHIN THOSE DEFINITIONS BERKELEY CITIZENS, BABCOCK CENTER, CHARLES LEA CENTER, AND TRI DEVELOPMENT CENTER OF AIKEN COUNTY.
l:\s-res\dj\001insu.kmm.dj.docx

Prefiled and referred to the Committee on Finance.

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

S. 217 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 59-65-10 OF THE 1976 CODE, RELATING TO MANDATORY SCHOOL ATTENDANCE, TO PROVIDE THAT A CHILD MUST ATTEND SCHOOL UNTIL HE ATTAINS THE AGE OF EIGHTEEN, GRADUATES FROM HIGH SCHOOL, OR RECEIVES A HIGH SCHOOL EQUIVALENCY DIPLOMA; TO AMEND SECTION 63-19-20, RELATING TO DEFINITIONS, TO DEFINE "CHILD" FOR THE PURPOSES OF TRUANCY; TO AMEND SECTION 63-19-1030, RELATING TO PREHEARING INQUIRY, TO INCLUDE TITLES FOR TRUANCY PETITIONS; TO AMEND SECTION 63-19-1420, RELATING TO DRIVER'S LICENSE SUSPENSION AND RESTRICTION, TO PROVIDE FOR THE COURT SUSPENSION OR RESTRICTION OF A CHILD'S DRIVER'S LICENSE UPON THE FINDING OF VIOLATION OF COURT TRUANCY ORDER; AND TO AMEND SECTION 63-19-1440, RELATING TO COMMITMENT TO THE DEPARTMENT OF JUVENILE JUSTICE, TO PROVIDE FOR THE COMMITMENT OF A CHILD WHO VIOLATES A COURT ORDER TO ATTEND SCHOOL.
l:\s-res\dj\002scho.kmm.dj.docx

Prefiled and referred to the Committee on Education.

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

S. 218 (Word version) -- Senator Jackson: A BILL TO AMEND TITLE 27 OF THE 1976 CODE, BY ADDING CHAPTER 52, TO ENACT THE "SOUTH CAROLINA HOMEOWNERS' ASSOCIATION ACT".


Printed Page 100 . . . . . Tuesday, January 11, 2011

l:\s-res\dj\003home.kmm.dj.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 219 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 44-95-20 OF THE 1976 CODE, RELATING TO THE CLEAN INDOOR AIR ACT, INCLUDING EXCEPTIONS TO PLACES WHERE SMOKING IS PROHIBITED, TO DELETE PROVISIONS ALLOWING SMOKING IN CERTAIN PRIVATE OFFICES AND TEACHER LOUNGES AT SCHOOLS; AND BY ADDING SECTION 59-1-485 TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO SMOKE OR POSSESS LIGHTED SMOKING MATERIAL IN OUTDOOR AREAS OF PUBLIC SCHOOLS AND PRESCHOOLS AND TO PROVIDE A PENALTY.
l:\s-res\dj\004clea.kmm.dj.docx

Prefiled and referred to the Committee on Education.

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

S. 220 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 1, TITLE 44 OF THE 1976 CODE, BY ADDING SECTION 44-1-149 TO PROHIBIT THE RESALE OF FOOD THAT HAS BEEN SERVED OR SOLD TO AND POSSESSED BY A CONSUMER.
l:\s-res\dj\005food.kmm.dj.docx

Prefiled and referred to the Committee on Medical Affairs.

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

S. 221 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 56-5-3720 OF THE 1976 CODE, RELATING TO REQUIRED EQUIPMENT FOR MOPED USE UPON STATE ROADS, TO REQUIRE THAT MOPEDS BE EQUIPPED WITH A STROBE LIGHT; AND TO AMEND SECTION 56-5-3730, RELATING TO MOPED DRIVERS' USE OF OPERATING LIGHTS, TO REQUIRE THE USE OF A STROBE LIGHT FOR INCREASED VISIBILITY.
l:\s-gen\drafting\tca\021mope.jd.tca.docx

Prefiled and referred to the Committee on Transportation.

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

S. 222 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 53-3-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PURPLE HEART DAY IN SOUTH


Printed Page 101 . . . . . Tuesday, January 11, 2011

CAROLINA, SO AS TO MOVE THE DAY FROM THE THIRD SATURDAY IN FEBRUARY TO THE SEVENTH DAY OF AUGUST IN ORDER TO COINCIDE WITH THE DATE GENERAL GEORGE WASHINGTON ORIGINALLY AUTHORIZED THE AWARD.
l:\council\bills\ggs\22709zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 223 (Word version) -- Senators Knotts, Davis and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY OR INTENTIONALLY CONFINE OR RESTRAIN CERTAIN ANIMALS IN A CRUEL MANNER OR KNOWINGLY OR INTENTIONALLY CAUSE CRUEL CONFINEMENT OR RESTRAINING OF AN ANIMAL, TO DEFINE CERTAIN TERMS IN REGARD TO THE ABOVE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO PROVIDE THAT ALL LOCAL ORDINANCES AND LAWS GOVERNING THE CONFINEMENT OR RESTRAINING OF ANIMALS ARE PREEMPTED BY STATE LAW.
l:\council\bills\swb\5033cm11.docx

Prefiled and referred to the Committee on Agriculture and Natural Resources.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 224 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO ALSO PROVIDE FREE TUITION TO CHILDREN OF CERTAIN ACTIVE DUTY SERVICEMEMBERS WITH HONORABLE WARTIME SERVICE.
l:\council\bills\ggs\22708zw11.docx

Prefiled and referred to the Committee on Education.

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

S. 225 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN PERSONS WHO ARE OPERATING A MOTOR


Printed Page 102 . . . . . Tuesday, January 11, 2011

VEHICLE TO USE A WIRELESS ELECTRONIC COMMUNICATION DEVICE TO COMPOSE, SEND, OR READ A TEXT-BASED COMMUNICATION AND TO PROVIDE PENALTIES FOR VIOLATING THIS PROVISION; AND TO AMEND SECTION 56-1-720, RELATING TO THE ASSESSMENT OF POINTS AGAINST A PERSON'S DRIVING RECORD FOR CERTAIN MOTOR VEHICLE VIOLATIONS, SO AS TO PROVIDE THAT ONE POINT MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON CONVICTED OF USING A WIRELESS ELECTRONIC COMMUNICATION DEVICE TO COMPOSE, SEND, OR READ A TEXT-BASED COMMUNICATION WHILE OPERATING A MOTOR VEHICLE.
l:\council\bills\swb\5025cm11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 226 (Word version) -- Senators Knotts and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 23 SO AS TO PROVIDE FOR THE REGISTRATION AND COMMUNITY NOTIFICATION OF ANIMAL ABUSERS.
l:\council\bills\swb\5022cm11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 227 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 59-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SNACKS SOLD FOR STUDENT CONSUMPTION IN SCHOOLS, SO AS TO PROVIDE FOR FAT, CALORIE, AND SUGAR CONTENT STANDARDS THAT SNACK FOOD AND BEVERAGES MUST MEET IN ORDER TO BE SOLD IN SCHOOLS; TO AMEND SECTION 59-10-380, RELATING TO FOOD OR BEVERAGE ITEMS SOLD AS A FUNDRAISER, SO AS TO PROVIDE THAT THE STANDARDS DO NOT APPLY TO ITEMS SOLD AS FUNDRAISERS; AND BY ADDING SECTION 59-10-345 SO AS TO PROVIDE FOR FAT, CALORIE, AND SUGAR CONTENT STANDARDS AND PORTION SIZE STANDARDS THAT FOODS AND BEVERAGES MUST MEET IN ORDER TO BE SOLD IN SCHOOLS.
l:\council\bills\agm\18206bh11.docx


Printed Page 103 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Education.

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

S. 228 (Word version) -- Senators Cromer and Rose: A BILL TO ENACT THE SOUTH CAROLINA VALUE BASED BUDGETING ACT; TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 9 TO PROVIDE FOR THE JOINT VALUE BASED BUDGET AGENCY AND ACCOUNTABILITY COMMITTEE, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND ITS FUNCTIONS, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 11-11-15, RELATING TO THE BUDGET FUNCTIONS OF THE GOVERNOR, TO PROVIDE FOR THE TIME WITHIN WHICH THE RECOMMENDED BUDGET MUST BE SUBMITTED, TO PROVIDE THAT THE RECOMMENDED STATE BUDGET MUST BE PREPARED UTILIZING VALUE BASED BUDGETING PRINCIPALS, TO PROVIDE FOR THE CONTENTS OF THE RECOMMENDED BUDGET, AND TO PROVIDE FOR THE STATEMENTS, BALANCE SHEETS, AND GENERAL SURVEYS THAT MUST ACCOMPANY THE GOVERNOR'S RECOMMENDED BUDGETS; TO AMEND SECTION 11-11-30, RELATING TO ANNUAL AGENCY FUNDING ESTIMATES, TO PROVIDE THAT THE ESTIMATES MUST BE PREPARED UTILIZING VALUE BASED BUDGETING PRINCIPALS AND MUST CONTAIN THE SAME INFORMATION THAT IS REQUIRED TO BE IN THE GOVERNOR'S PROPOSED BUDGET; TO AMEND CHAPTER 15, TITLE 2, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, BY DIVIDING THE CHAPTER INTO SEPARATE ARTICLES, AND BY ADDING AGENCY REVIEW EXAMINATIONS TO THE LEGISLATIVE AUDIT COUNCIL'S DUTIES AND RESPONSIBILITIES, TO PROVIDE FOR THE MANNER IN WHICH AND THE PROCEDURE BY WHICH THE AGENCY REVIEWS MUST BE CONDUCTED, TO PROVIDE THAT THE LEGISLATIVE AUDIT COUNCIL MUST MAKE A REPORT OF ITS FINDINGS AND RECOMMENDATIONS AND WHAT MUST BE CONTAINED IN THE REPORT; TO AMEND CHAPTER 1, TITLE 2, RELATING TO THE GENERAL PROVISIONS CONCERNING THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-260 TO PROVIDE FOR THE CONSIDERATION OF AGENCY REVIEW EXAMINATION REPORTS BY THE RELEVANT LEGISLATIVE COMMITTEES OF


Printed Page 104 . . . . . Tuesday, January 11, 2011

JURISDICTION, AND TO PROVIDE FOR LEGISLATION CONCERNING THE REPORTS; TO AMEND CHAPTER 11, TITLE 11, RELATING TO THE STATE BUDGET SYSTEM, BY ADDING AN ARTICLE 7, TO ESTABLISH A INNOVATIONS AND COST SAVINGS RESERVE FUND FOR EACH STATE AGENCY, TO PROVIDE FOR THE FUNDING METHOD FOR EACH TRUST FUND, AND TO PROVIDE THE APPROPRIATE USE OF THE REVENUE IN THE FUNDS; TO AMEND CHAPTER 11, TITLE 11, RELATING TO THE STATE BUDGET SYSTEM, BY ADDING AN ARTICLE 9 TO PROVIDE THE PARAMETERS WITHIN WHICH STATE AGENCIES MAY EXERCISE FLEXIBILITY IN SPENDING AGENCY EARMARKED AND RESTRICTED ACCOUNTS TO ABSORB GENERAL FUND REDUCTIONS MANDATED IN AN ANNUAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 11-11-70, SECTION 11-11-80, AND TO DEFINE TERMS AND MAKE TECHNICAL CORRECTIONS.
l:\s-res\rwc\002valu.kmm.rwc.docx

Prefiled and referred to the Committee on Finance.

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

S. 229 (Word version) -- Senators Cromer and Rose: A BILL TO ENACT THE PROPERTY OWNER PROTECTION ACT OF 2011, BY AMENDING ARTICLE 25, CHAPTER 37, TITLE 12, BY ADDING SECTION 12-37-3135, TO PROVIDE THAT WHEN A PARCEL OF REAL PROPERTY UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST AFTER PROPERTY TAX YEAR 2010, THE PROPERTY TAX VALUE SHALL NOT EXCEED ONE HUNDRED FIFTEEN PERCENT OF THE PROPERTY TAX VALUE AS PREVIOUSLY CARRIED ON THE BOOKS OF THE ASSESSOR; TO AMEND SECTION 6-1-320, RELATING TO THE LIMITATION ON MILLAGE RATE INCREASES, TO PROVIDE THAT ANY MILLAGE INCREASE ALLOWED BUT NOT LEVIED FOR THE THREE PRECEDING PROPERTY TAX YEARS MAY BE LEVIED IN THE YEAR IN WHICH THE LIMIT APPLIES; TO AMEND SECTION 12-37-251, RELATING TO ROLLBACK MILLAGE, TO PROVIDE THAT THE FORMULA SHALL BE BASED ON PROPERTY TAXES LEVIED INSTEAD OF PROPERTY TAX REVENUES AND TO PROVIDE THAT ASSESSMENTS ATTRIBUTABLE TO ASSESSABLE TRANSFERS OF INTEREST MAY BE DEDUCTED; TO AMEND SECTION 12-37-3130, RELATING TO THE DEFINITION OF "ADDITIONS" AND


Printed Page 105 . . . . . Tuesday, January 11, 2011

"IMPROVEMENTS", TO PROVIDE THAT THE ISSUANCE OF A PERMIT IS NOT DE FACTO PROOF OF AN ADDITION OR IMPROVEMENT; AND BY ADDING SECTION 12-60-2570, TO PROVIDE THAT IF AN APPRAISAL RESULTING FROM AN ASSESSABLE TRANSFER OF INTEREST DETERMINES THE FAIR MARKET VALUE OF A PARCEL OF REAL PROPERTY IS HIGHER THAN THE CONSIDERATION GIVEN FOR THE INTEREST IN THE PARCEL, THE COUNTY ASSESSOR SHALL HAVE THE BURDEN OF PROOF OF SHOWING THAT THE HIGHER FAIR MARKET VALUE IS APPROPRIATE.
l:\s-financ\drafting\rwc\001ati1.dag.rwc.docx

Prefiled and referred to the Committee on Finance.

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

S. 230 (Word version) -- Senators Cromer and Rose: A BILL TO AMEND SECTION 2-3-30 OF THE 1976 CODE, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS AND THE LIEUTENANT GOVERNOR, TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY MAY ONLY RECEIVE REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED FOR MEALS AND LODGING FOR EACH LEGISLATIVE DAY, TO PROVIDE THAT MEMBERS OF STANDING COMMITTEES AND JOINT STUDY COMMITTEES TRAVELLING ON OFFICIAL STATE BUSINESS OR OFFICIAL BUSINESS OF THE HOUSE OF REPRESENTATIVES OR THE SENATE MAY BE REIMBURSED ONLY FOR ACTUAL EXPENSES INCURRED FOR LODGING AND MEALS AND FOR MILEAGE AT THE RATE PROVIDED FOR BY LAW FOR THE ACTUAL DISTANCE TRAVELED IN THE MOST DIRECT ROUTE GOING TO AND RETURNING FROM THEIR HOMES, AND TO PROVIDE FOR LIMITATIONS ON THE ACTUAL AMOUNT REIMBURSED.
l:\s-res\rwc\004actu.kmm.rwc.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 231 (Word version) -- Senators Campsen and Davis: A BILL TO AMEND SECTION 61-4-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR THE SALE OF BEER AND WINE, SO AS TO REMOVE SPECIFIC REFERENCES TO NONPROFIT ORGANIZATIONS.
l:\council\bills\ggs\22712zw11.docx


Printed Page 106 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Judiciary.

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

S. 232 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE STATE CERTIFICATION OF NEED AND HEALTH CARE FACILITY ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE FACILITY.
l:\council\bills\agm\18247bh11.docx

Prefiled and referred to the Committee on Medical Affairs.

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

S. 233 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 38-71-340 OF THE 1976 CODE, RELATING TO REQUIRED PROVISIONS IN INDIVIDUAL ACCIDENT AND HEALTH POLICY FORMS, TO PROVIDE THAT POLICY FORMS SHALL CONTAIN A PROVISION STATING THE INSURER MAY PAY ALL OR A PORTION OF INDEMNITIES TO THE CARE PROVIDER UNLESS THE INSURED DIRECTS OTHERWISE IN WRITING.
l:\s-res\rec\004bene.ebd.rec.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 234 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 6, TITLE 62 OF THE 1976 CODE, BY ADDING SECTION 62-6-301, TO PROVIDE THAT INTEREST IN REAL PROPERTY MAY BE TRANSFERRED UPON DEATH BY A BENEFICIARY DEED DESIGNATING A GRANTEE-BENEFICIARY.
l:\s-res\rec\001deed.ebd.rec.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 235 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 4-9-30 OF THE 1976 CODE, RELATING TO POWERS OF A COUNTY GOVERNMENT, TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO ADOPT BY ORDINANCE THE REQUIREMENT THAT A PROPERTY OWNER SHALL KEEP A LOT OR OTHER


Printed Page 107 . . . . . Tuesday, January 11, 2011

PROPERTY CLEAN AND FREE OF RUBBISH AND TO PROVIDE A PROCEDURE FOR ENFORCEMENT OF THE ORDINANCE.
l:\s-res\rec\002rubb.ebd.rec.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 236 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 1, TITLE 2 OF THE 1976 CODE, BY ADDING SECTION 2-1-190 TO PROVIDE THAT NO PERSON SHALL BE ELIGIBLE FOR ELECTION TO THE HOUSE OF REPRESENTATIVES IF THAT PERSON HAS SERVED SIX TERMS IN THE SAME BODY, AND THAT NO PERSON SHALL BE ELIGIBLE FOR ELECTION TO THE SENATE IF THAT PERSON HAS SERVED FOUR TERMS IN THE SAME BODY, AND TO PROVIDE THAT ANY TERM SERVED FOR WHICH THE ELECTION WAS HELD PRIOR TO JANUARY 1, 2011, SHALL NOT BE COUNTED AS A TERM SERVED.
l:\s-res\rec\003term.dag.rec.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 237 (Word version) -- Senator Bright: A CONCURRENT RESOLUTION TO REFUSE ALL FUNDS AUTHORIZED FOR OUR STATE BY THE AMERICAN RECOVERY AND REINVESTMENT ACT.
l:\s-res\lb\003nost.kmm.lb.docx

Prefiled and referred to the Committee on Finance.

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

S. 238 (Word version) -- Senators L. Martin, Peeler and Rose: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES


Printed Page 108 . . . . . Tuesday, January 11, 2011

AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 6 TO TITLE 1 TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT; TO AMEND SECTIONS 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, AS AMENDED, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, AS AMENDED, CHAPTER 9 OF TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 13-7-30, 13-7-830, ALL AS AMENDED, 48-46-30, AS AMENDED, 48-46-40, AS AMENDED, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, 44-52-460, 44-53-530, AS AMENDED, AND 44-96-140; AND TO ADD SECTION 1-11-185 ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
l:\s-res\lam\016rest.kmm.lam.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 239 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 56-5-130 OF THE 1976 CODE, RELATING TO THE DEFINITION


Printed Page 109 . . . . . Tuesday, January 11, 2011

OF THE TERM "MOTOR VEHICLE", TO EXCLUDE "MOPEDS" FROM VEHICLES INCLUDED IN THE TERM'S DEFINITION.
l:\s-res\lam\015mope.mrh.lam.docx

Prefiled and referred to the Committee on Transportation.

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

S. 240 (Word version) -- Senator Bryant: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, BY ADDING ARTICLE 109, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE GADSDEN FLAG SPECIAL LICENSE PLATES.
l:\s-res\klb\003gads.kmm.klb.docx

Prefiled and referred to the Committee on Transportation.

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

S. 241 (Word version) -- Senator Rose: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA DYSLEXIA TASKFORCE, TO PROVIDE FOR THE COMPOSITION OF THE TASKFORCE, AND TO PROVIDE THAT THE TASKFORCE SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.
l:\s-res\mtr\030dysl.ebd.mtr.docx

Prefiled and referred to the Committee on Education.

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

S. 242 (Word version) -- Senator Rose: A BILL TO DESIGNATE SECTIONS 2-15-10 THROUGH 2-15-120 OF CHAPTER 15, TITLE 2 OF THE 1976 CODE, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, AS ARTICLE 1; AND TO AMEND CHAPTER 15, TITLE 2, BY ADDING ARTICLE 3 TO ESTABLISH THE OFFICE OF PROGRAM POLICY ANALYSIS AND GOVERNMENT ACCOUNTABILITY AND TO PROVIDE FOR THE DUTIES AND FUNCTION OF THIS OFFICE.
l:\s-res\mtr\029poli.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 243 (Word version) -- Senator Bright: A BILL TO AMEND SECTION 22-1-40 OF THE 1976 CODE, RELATING TO APPEARANCE AS AN ATTORNEY IN A CASE BEFORE A MAGISTRATE, TO PROHIBIT SENATORS, THEIR FAMILY MEMBERS, AND LEGAL ASSOCIATES FROM REPRESENTING ANOTHER PERSON AS AN ATTORNEY AT LAW BEFORE A MAGISTRATE


Printed Page 110 . . . . . Tuesday, January 11, 2011

THE SENATOR RECOMMENDED TO THE GOVERNOR FOR APPOINTMENT.
l:\s-res\lb\001appe.kmm.lb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 244 (Word version) -- Senator Bright: A BILL PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 25 TO PREEMPT ANY FEDERAL LAW OR RULE THAT RESTRICTS A PERSON'S CHOICE OF PRIVATE HEALTH CARE PROVIDERS OR THE RIGHT TO PAY FOR MEDICAL SERVICES.
l:\s-res\lb\010heal.kmm.lb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 245 (Word version) -- Senators Bright and Verdin: A BILL TO AMEND CHAPTER 1, TITLE 1 OF THE 1976 CODE, BY ADDING ARTICLE 5 TO ENACT THE "LIFE BEGINNING AT CONCEPTION ACT" WHICH ESTABLISHES THAT THE RIGHT TO LIFE FOR EACH BORN AND PREBORN HUMAN BEING VESTS AT FERTILIZATION, AND THAT THE RIGHTS OF DUE PROCESS AND EQUAL PROTECTION, GUARANTEED BY ARTICLE I, SECTION 3 OF THE CONSTITUTION OF THIS STATE, VEST AT FERTILIZATION FOR EACH BORN AND PREBORN HUMAN PERSON.
l:\s-res\lb\002righ.kmm.lb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 246 (Word version) -- Senator Bright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-15 SO AS TO TRANSFER THE POWERS, FUNCTIONS, AND DUTIES, OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO THE REGULATION OF POISONS, DRUGS, AND CONTROLLED SUBSTANCES, OTHER THAN LEAD POISONING, TO THE STATE BOARD OF PHARMACY; AND TO AMEND SECTIONS 44-53-10, 44-53-50, 44-53-110, AS AMENDED, 44-53-160, 44-53-180, 4-53-200, 44-53-220, 44-53-240, 44-53-260, 44-53-280,


Printed Page 111 . . . . . Tuesday, January 11, 2011

SECTIONS 44-53-290 THROUGH 44-53-350, 44-53-360 AND 44-53-375, BOTH AS AMENDED, 44-53-395, 44-53-430, 44-53-450, AS AMENDED, 44-53-480, 44-53-490, 44-53-500, 44-53-520, AS AMENDED, ARTICLES 4 AND 5, CHAPTER 53, TITLE 44, AND SECTION 44-53-930, ALL RELATING TO THE REGULATION OF POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, SO AS TO CONFORM THESE SECTIONS TO THIS TRANSFER.
l:\council\bills\ms\7073ahb11.docx

Prefiled and referred to the Committee on Medical Affairs.

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

S. 247 (Word version) -- Senator Bright: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XI OF THE SOUTH CAROLINA CONSTITUTION, 1895, RELATING TO PUBLIC EDUCATION, TO ADD SECTION 5 TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL DEVELOP A SYSTEM FOR FUNDING THE PUBLIC HIGHER EDUCATION INSTITUTIONS OF THIS STATE ON A UNIFORM AND NONDISCRIMINATORY PER PUPIL BASIS.
l:\s-res\lb\004equa.mrh.lb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 248 (Word version) -- Senator Bright: A BILL TO AMEND CHAPTER 101, TITLE 59 OF THE 1976 CODE, RELATING TO PUBLIC INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-605, TO PROVIDE FOR A HIGHER EDUCATION BASE STUDENT COST AND TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING MUST BE FUNDED BY USING THE BASE STUDENT COST.
l:\s-res\lb\005high.mrh.lb.docx

Prefiled and referred to the Committee on Education.

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

S. 249 (Word version) -- Senators Bright and Verdin: A BILL TO AMEND CHAPTER 31, TITLE 23 OF THE 1976 CODE, RELATING TO FIREARMS, BY ADDING ARTICLE 9, THE "SOUTH CAROLINA FIREARMS FREEDOM ACT", TO PROVIDE THAT A FIREARM, FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN SOUTH CAROLINA IS EXEMPT FROM


Printed Page 112 . . . . . Tuesday, January 11, 2011

FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES.
l:\s-res\lb\006fire.kmm.lb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 250 (Word version) -- Senator Bright: A BILL TO AMEND SECTION 2-19-70 OF THE 1976 CODE, RELATING TO JUDICIAL NOMINATIONS OF MEMBERS OF THE GENERAL ASSEMBLY, TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELECTED TO JUDICIAL OFFICE FOR A PERIOD OF TWENTY YEARS AFTER HE CEASES TO BE A MEMBER OR FAILS TO FILE FOR ELECTION TO THE GENERAL ASSEMBLY.
l:\s-res\lb\009judn.ebd.lb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 251 (Word version) -- Senator Bright: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2960 TO PROVIDE THAT AN ARRESTING OFFICER MUST DIRECT A DRIVER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT CAUSES THE DEATH OF ANOTHER PERSON TO SUBMIT TO CHEMICAL TESTS OF THE DRIVER'S BREATH, BLOOD, OR URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, OR THE COMBINATION OF BOTH, FOR AN OFFENSE ARISING OUT OF ACTS ALLEGED TO HAVE BEEN COMMITTED WHILE THE PERSON WAS DRIVING THE MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR BOTH.
l:\s-res\lb\007offi.mrh.lb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 252 (Word version) -- Senator Bright: A BILL TO AMEND CHAPTER 3, TITLE 46 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF AGRICULTURE, BY ADDING SECTION 46-3-250 TO PROVIDE FOR THE ESTABLISHMENT OF THE DIVISION OF AGRICULTURAL PUBLIC SERVICES ACTIVITIES; AND TO REPEAL SECTION 59-119-165, RELATING TO TRANSFER OF CERTAIN AGRICULTURAL FUNDS TO CLEMSON UNIVERSITY PUBLIC SERVICE ACTIVITIES.
l:\s-res\lb\008agri.kmm.lb.docx


Printed Page 113 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Agriculture and Natural Resources.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 253 (Word version) -- Senators McConnell and Rose: A BILL TO AMEND SECTION 16-27-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF THE ANIMAL FIGHTING AND BAITING ACT, SO AS TO DELETE THE EXEMPTION FOR BEAR-BAYING AND FOX-PEN TRIALS; TO AMEND SECTION 50-11-430, RELATING TO UNLAWFUL ACTS TOWARD BEARS, SO AS TO PROHIBIT INDIVIDUAL POSSESSION OF CAPTIVE BEARS IN SOUTH CAROLINA OR POSSESSION OF BEARS FOR ANY PURPOSE OTHER THAN FOR AN EDUCATIONAL OR SCIENTIFIC PURPOSE; TO AMEND SECTION 5-11-440, RELATING TO FEEDING OF BEARS, SO AS TO ELIMINATE THE COMMERCIAL OR RECREATIONAL PURPOSES FOR A BEAR PERMIT; AND TO REPEAL ARTICLE 13, CHAPTER 11, TITLE 50, RELATING TO FOX AND COYOTE HUNTING ENCLOSURES.
l:\s-jud\bills\mcconnell\jud0057.kw.docx

Prefiled and referred to the Committee on Fish, Game and Forestry.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 254 (Word version) -- Senators Cleary, McConnell and Hutto: A BILL TO AMEND CHAPTER 19, TITLE 16 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO GAMBLING AND LOTTERIES, SO AS TO ADD DEFINITIONS FOR THE REGULATION OF GAMBLING; TO MAKE UNIFORM PENALTIES FOR UNLAWFUL LOTTERIES AND GAMBLING; TO ALLOW EXCEPTIONS FOR GAMES OF CARDS OR DICE IN A PRIVATE RESIDENCE OR HOME; AND TO PROVIDE THAT MONIES PAID FOR GAMBLING ARE RECOVERABLE BY A DEBTOR.
l:\s-jud\bills\cleary\jud0047.kw.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 255 (Word version) -- Senators Cleary, McConnell, Hutto and Rose: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 114 . . . . . Tuesday, January 11, 2011

1976, BY ADDING CHAPTER 57, SO AS TO AUTHORIZE QUALIFIED RELIGIOUS, CHARITABLE, EDUCATIONAL, AND OTHER ELEEMOSYNARY ORGANIZATIONS TO OPERATE AND CONDUCT RAFFLES AND CASINO NIGHT CHARITY GAMES THROUGH REGISTRATION WITH THE SOUTH CAROLINA SECRETARY OF STATE, TO PROVIDE STANDARDS FOR THESE EVENTS; TO REQUIRE PROCEEDS TO BE USED FOR RELIGIOUS, CHARITABLE, EDUCATIONAL, OR OTHER ELEEMOSYNARY PURPOSES; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
l:\s-jud\bills\cleary\jud0046.kw.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 256 (Word version) -- Senators Cleary, McConnell, Hutto and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY AUTHORIZE RAFFLES TO BE OPERATED AND CONDUCTED BY RELIGIOUS, CHARITABLE, OR NONPROFIT ORGANIZATIONS FOR RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY PURPOSES, AND BY GENERAL LAW MUST DEFINE THE TYPE OF ORGANIZATION AUTHORIZED TO CONDUCT RAFFLES, PROVIDE THE STANDARDS FOR THEIR CONDUCT AND MANAGEMENT, PROVIDE PENALTIES FOR VIOLATIONS, AND PROVIDE FOR ANY OTHER LAW NECESSARY TO ASSURE THE PROPER FUNCTIONING, HONESTY, INTEGRITY, AND CHARITABLE PURPOSES FOR WHICH THE RAFFLES ARE CONDUCTED.
l:\s-jud\bills\cleary\jud0045.kw.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 257 (Word version) -- Senators Sheheen, Campsen, Rose and Massey: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-87 TO REQUIRE THE GOVERNOR'S ANNUAL STATE BUDGET RECOMMENDATION AND THE REPORTS OF THE HOUSE COMMITTEE ON WAYS AND MEANS AND THE SENATE FINANCE COMMITTEE ON THE ANNUAL GENERAL


Printed Page 115 . . . . . Tuesday, January 11, 2011

APPROPRIATIONS ACT TO BE IN A PROGRAMMATIC FORMAT BY PROVIDING A NARRATIVE DESCRIPTION OF EACH SEPARATE PROGRAM ADMINISTERED BY A STATE AGENCY AND PROVIDING THE ELEMENTS THAT MUST BE INCLUDED IN THE NARRATIVE; AND TO REQUIRE THE BUDGET RECOMMENDATION FOR AN AGENCY TO INCLUDE AN OVERALL BUDGET RECOMMENDATION BY BUDGET CATEGORY AND A SIMILAR RECOMMENDATION FOR EACH SEPARATE PROGRAM ADMINISTERED BY THE AGENCY AND THE SPECIFIC SOURCE OF FUNDS APPROPRIATED FOR THE AGENCY.
l:\s-res\vas\001govb.kmm.vas.docx

Prefiled and referred to the Committee on Finance.

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

S. 258 (Word version) -- Senators Sheheen, Campsen, Davis, Rose, Massey, Ryberg and McConnell: A BILL TO AMEND SECTION 1-3-240 OF THE 1976 CODE, RELATING TO REMOVAL OF OFFICERS BY THE GOVERNOR, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; AND TO AMEND TITLE 1 BY ADDING CHAPTER 6 TO CREATE THE OFFICE OF THE STATE INSPECTOR GENERAL, TO PROVIDE THAT THE STATE INSPECTOR GENERAL IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO AUTHORIZE THE STATE INSPECTOR GENERAL TO ADDRESS FRAUD, WASTE, ABUSE, AND WRONGDOING WITHIN THE SOUTH CAROLINA EXECUTIVE GOVERNMENT AGENCIES, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE OFFICE.
l:\s-res\vas\002insp.kmm.vas.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 259 (Word version) -- Senators Sheheen, Leventis, Rose, S. Martin, Massey and Ryberg: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 2-17-55 TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A PERSON WHOSE


Printed Page 116 . . . . . Tuesday, January 11, 2011

ACTIVITIES INCLUDE THOSE RELATED TO LOBBYING AND TO PROVIDE EXCEPTIONS.
l:\s-res\vas\003lobb.kmm.vas.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 260 (Word version) -- Senators Sheheen, Campsen, Davis, Rose, Massey and S. Martin: A BILL TO AMEND CHAPTER 7, TITLE 2 OF THE 1976 CODE, RELATING TO LEGISLATIVE ENACTMENTS, BY ADDING SECTION 2-7-67 TO PROVIDE THAT THE ANNUAL APPROPRIATIONS BILL MUST REDUCE APPROPRIATIONS TO THE SENATE AND THE HOUSE OF REPRESENTATIVES IN AN AMOUNT EQUAL TO THE AVERAGE REDUCTION IN APPROPRIATIONS MADE FOR THE DEPARTMENTS, INSTITUTIONS, BOARDS, OR COMMISSIONS INCLUDED IN THE ACT.
l:\s-res\vas\004budg.kmm.vas.docx

Prefiled and referred to the Committee on Finance.

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

S. 261 (Word version) -- Senators Sheheen, Campsen, Rose, Massey and Setzler: A BILL TO AMEND SECTION 1-30-10 OF THE 1976 CODE, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, BY ADDING THE DEPARTMENT OF ADMINISTRATION; AND BY ADDING SECTION 1-30-125 TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, THE OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ESTABLISHMENT OF THE DEPARTMENT.
l:\s-res\vas\006dept.kmm.vas.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 262 (Word version) -- Senators Sheheen and Rose: A BILL TO AMEND SECTION 1-30-10 OF THE 1976 CODE, RELATING TO THE


Printed Page 117 . . . . . Tuesday, January 11, 2011

DEPARTMENTS OF STATE GOVERNMENT, TO MAKE TECHNICAL CORRECTIONS AND TO REQUIRE CERTAIN REPORTS FROM THE VARIOUS DEPARTMENTS; TO AMEND SECTION 8-27-10, RELATING TO THE DEFINITION OF REPORT FOR THE PURPOSES OF THE EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATION, BY PROVIDING THAT A REPORT MAY BE A WRITTEN OR ORAL ALLEGATION OR TESTIMONY TO A LEGISLATIVE COMMITTEE; TO AMEND CHAPTER 27 OF TITLE 8, RELATING TO EMPLOYMENT PROTECTION FOR REPORTS OF VIOLATIONS OF STATE OR FEDERAL LAW OR REGULATION, BY ADDING SECTION 8-27-60 TO PROVIDE THAT A SUMMARY OF THE PROVISIONS CONTAINED IN CHAPTER 27 ARE POSTED ON THE INTERNET WEBSITE OF EACH PUBLIC BODY SUBJECT TO THE PROVISIONS OF THAT CHAPTER; AND BY ADDING CHAPTER 2 TO TITLE 2, RELATING TO LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS, TO PROVIDE THAT THE STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVE A DUTY TO REVIEW AND STUDY THE OPERATIONS OF THE STATE AGENCIES WITHIN THE COMMITTEE'S JURISDICTION, TO ESTABLISH COMMITTEE OVERSIGHT JURISDICTION, TO PROVIDE FOR THE PROCESS BY WHICH A COMMITTEE MAY INITIATE AN OVERSIGHT STUDY OR INVESTIGATION, TO PROVIDE FOR THE MANNER IN WHICH AN INVESTIGATING COMMITTEE MAY ACQUIRE EVIDENCE OR INFORMATION RELATED TO THE STUDY OR INVESTIGATION, TO PROVIDE FOR PROGRAM EVALUATION REPORTS, THE MANNER IN WHICH THEY ARE REQUESTED, AND THE CONTENTS OF THE REPORTS, TO PROVIDE THAT ALL TESTIMONY GIVEN TO AN INVESTIGATING COMMITTEE MUST BE GIVEN UNDER OATH, TO PROVIDE THAT WITNESSES TESTIFYING IN FRONT OF AN INVESTIGATING COMMITTEE MAY BE REPRESENTED BY COUNSEL, AND TO PROVIDE THAT WITNESSES ARE GIVEN THE BENEFIT OF ANY PRIVILEGE WHICH HE COULD HAVE CLAIMED IN COURT AS A PARTY TO A CIVIL ACTION.
l:\s-res\vas\007acco.kmm.vas.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 118 . . . . . Tuesday, January 11, 2011

S. 263 (Word version) -- Senator Knotts: A BILL TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 56-5-2905, SO AS TO PROVIDE THAT A PERSON WHO WHILE DRIVING A MOTOR VEHICLE DOES ANY ACT FORBIDDEN BY LAW IN THE DRIVING OF THE MOTOR VEHICLE, EXCEPT A VIOLATION OF SECTIONS 56-5-2930, 56-5-2935, OR 56-5-2945, WHICH PROXIMATELY CAUSES DEATH TO A PERSON, IS GUILTY OF THE MISDEMEANOR OFFENSE OF VEHICULAR HOMICIDE; AND TO AMEND SECTION 56-5-2946 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO EITHER ONE OR A COMBINATION OF CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS IF THE PERSON IS THE DRIVER OF A MOTOR VEHICLE INVOLVED IN A MOTOR VEHICLE INCIDENT RESULTING IN THE DEATH OF ANOTHER PERSON.
l:\s-jud\bills\knotts\jud0052.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 264 (Word version) -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-115 SO AS TO PROVIDE THAT IT IS UNFAIR DISCRIMINATION FOR AN INSURER TO DENY, REFUSE TO ISSUE OR RENEW, CANCEL, RESTRICT OR EXCLUDE COVERAGE, DENY A CLAIM OR LIMIT PAYMENTS, OR ADD A PREMIUM DIFFERENTIAL TO A POLICY OR CERTIFICATE OF COVERAGE ON THE BASIS THAT AN APPLICANT OR INSURED HAS BEEN OR IS PERCEIVED TO HAVE BEEN ABUSED OR MAY BE A SUBJECT OF ABUSE AND TO PROVIDE PENALTIES, INCLUDING FINES UP TO TWO HUNDRED THOUSAND DOLLARS.
l:\s-jud\bills\mcconnell\jud0056.pb.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 265 (Word version) -- Senator McConnell: A BILL TO AMEND ARTICLE 3, CHAPTER 53, TITLE 44 OF THE SOUTH CAROLINA CODE OF


Printed Page 119 . . . . . Tuesday, January 11, 2011

LAWS, 1976, BY ADDING SECTION 44-53-595, SO AS TO PROVIDE THAT IF A PERSON IS IN POSSESSION OF A FIREARM DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A CONTROLLED SUBSTANCE OFFENSE, EXCEPT A POSSESSION OF A CONTROLLED SUBSTANCE OFFENSE, AND THE PERSON IS CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT THE CONTROLLED SUBSTANCE OFFENSE, THE PERSON MUST BE IMPRISONED FOR FIVE YEARS IN ADDITION TO THE PUNISHMENT FOR THE CONTROLLED SUBSTANCE OFFENSE.
l:\s-jud\bills\mcconnell\jud0055.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 266 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 15, TITLE 17 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 17-15-55, SO AS TO PROVIDE THAT THE CIRCUIT COURT SHALL CONSIDER MOTIONS REGARDING RECONSIDERATION OF BOND FOR GENERAL SESSIONS OFFENSES SET BY A SUMMARY COURT JUDGE; TO PROVIDE THAT FURTHER DEFENSE MOTIONS TO RECONSIDER BOND MAY BE HEARD BY THE CIRCUIT COURT ONLY UPON THE DEFENDANT'S PRIMA FACIE SHOWING OF A MATERIAL CHANGE IN CIRCUMSTANCE; TO PROVIDE THAT MOTIONS BY THE STATE TO REVOKE OR MODIFY A DEFENDANT'S BOND MUST BE MADE IN WRITING, STATE WITH PARTICULARITY THE GROUNDS FOR REVOCATION OR MODIFICATION, AND SET FORTH THE RELIEF OR ORDER SOUGHT; AND TO PROVIDE THAT, IF THE STATE'S MOTION TO REVOKE OR MODIFY BOND INCLUDES A PRIMA FACIE SHOWING OF IMMINENT DANGER TO THE COMMUNITY, OR IMMINENT DANGER TO THE DEFENDANT OR FLIGHT BY THE DEFENDANT, THE CHIEF JUDGE OR PRESIDING JUDGE SHALL CONDUCT OR ORDER AN EMERGENCY HEARING WITHIN FORTY-EIGHT HOURS.
l:\s-jud\bills\mcconnell\jud0051.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 267 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 15, TITLE 17 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY


Printed Page 120 . . . . . Tuesday, January 11, 2011

ADDING SECTION 17-15-110, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT A GENERAL SESSIONS OFFENSE WHILE ON A BAIL BOND OR PERSONAL RECOGNIZANCE BOND, THE PERSON MUST BE IMPRISONED FOR FIVE YEARS IN ADDITION TO THE PUNISHMENT PROVIDED FOR THE PRINCIPAL OFFENSE.
l:\s-jud\bills\mcconnell\jud0050.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 268 (Word version) -- Senator Bryant: A BILL TO AMEND CHAPTER 13, TITLE 17 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 17-13-170, SO AS TO PROVIDE THAT A JUDGE MAY ISSUE A SEARCH WARRANT BASED ON THE SWORN ORAL TESTIMONY OF A LAW ENFORCEMENT OFFICER COMMUNICATED BY TELEPHONE OR OTHER ELECTRONIC DEVICE.
l:\s-jud\bills\bryant\jud0060.jjg.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 269 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 14-11-20, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MASTER-IN-EQUITY, SO AS TO OMIT THE REQUIREMENT THAT THE MASTER-IN-EQUITY MAY HOLDOVER UNTIL HIS SUCCESSOR IS QUALIFIED AND APPOINTED.
l:\s-jud\bills\rose\jud0042.js.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 270 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 2-19-110, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO RECOMMENDATIONS BY COUNTY LEGISLATIVE DELEGATIONS REGARDING MASTER-IN-EQUITY CANDIDATES, SO AS TO SET A TIME IN WHICH THE LOCAL DELEGATION MUST FORWARD THE NAME OF THE MASTER-IN-EQUITY CANDIDATE TO THE GOVERNOR FOR CONSIDERATION OF APPOINTMENT OR THE GOVERNOR MAY APPOINT ANY CANDIDATE FOUND QUALIFIED BY THE


Printed Page 121 . . . . . Tuesday, January 11, 2011

JUDICIAL MERIT SELECTION COMMISSION, AND TO PERMIT THE GOVERNOR TO SELECT AND APPOINT FROM THE CANDIDATES APPROVED BY THE COMMISSION IF THE GOVERNOR REJECTS THE FIRST CANDIDATE'S NAME SUBMITTED FOR CONSIDERATION BY THE LOCAL DELEGATION, AND THE DELEGATION DOES NOT SUBMIT ANOTHER CANDIDATE'S NAME WITHIN SIXTY DAYS TO THE GOVERNOR.
l:\s-jud\bills\rose\jud0061.js.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 271 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 15-41-30 OF THE 1976 CODE, RELATING TO AN INDIVIDUAL RETIREMENT ACCOUNT BEING EXEMPT FROM ATTACHMENT, LEVY, AND SALE, TO DELETE THE PROVISION THAT THE EXEMPTION ONLY APPLIES TO THE EXTENT REASONABLY NECESSARY FOR THE SUPPORT OF THE DEBTOR AND ANY DEPENDENT OF THE DEBTOR AND TO INCREASE THE ALLOWABLE AMOUNTS TO CONFORM TO THOSE ALLOWABLE UNDER FEDERAL BANKRUPTCY LAW.
l:\s-res\rec\005reti.ebd.rec.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 272 (Word version) -- Senator Bryant: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 41 OF THE 1976 CODE, BY ADDING SECTION 41-3-45 TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL REQUIRE ALL LICENSE APPLICATIONS TO BE ACCOMPANIED BY A FINANCIAL STATEMENT.
l:\s-res\klb\006labo.ebd.klb.docx

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 273 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 40-35-40 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF NURSING HOME ADMINISTRATOR LICENSES, TO PROVIDE THAT SUCCESSFUL COMPLETION OF ONLY THE SOUTH


Printed Page 122 . . . . . Tuesday, January 11, 2011

CAROLINA EXAMINATION IS A REQUIREMENT FOR LICENSURE; TO AMEND SECTION 40-35-45, TO DELETE THE PROVISION THAT A PERSON MUST PASS THE NATIONAL PORTION OF THE LICENSURE EXAMINATION TO TRANSFER A LICENSE FROM ANOTHER JURISDICTION; AND TO CLARIFY THAT THE NATIONAL EXAMINATION FOR NURSING HOME ADMINISTRATORS IS NOT A QUALIFICATION OR REQUIREMENT FOR LICENSURE, INCLUDING TRANSFER OF LICENSES, AND TO PROVIDE THAT THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS MAY NOT ADMINISTER THE TEST.
l:\s-res\dj\008nurs.ebd.dj.docx

Prefiled and referred to the Committee on Medical Affairs.

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

S. 274 (Word version) -- Senators Grooms, Campsen, Davis, Rose and McConnell: A BILL TO AMEND TITLE 12 OF THE 1976 CODE, RELATING TO TAXATION, TO ENACT THE "SOUTH CAROLINA FAIR TAX ACT", BY ADDING CHAPTER 34, TO PROVIDE FOR THE PURPOSES OF THE ACT AND DEFINITIONS, TO PROVIDE FOR JUDICIAL GUIDANCE FOR INTERPRETATION OF THE ACT AND THE IMPOSITION OF THE TAX, TO PROVIDE FOR CREDITS AND REFUNDS, TO PROVIDE FOR A FAMILY CONSUMPTION ALLOWANCE, TO PROVIDE FOR THE ADMINISTRATION OF THE TAX BY THE DEPARTMENT OF REVENUE, TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE ACT, AND TO PROVIDE FOR COLLECTIONS, APPEALS, AND TAXPAYER RIGHTS; TO PROVIDE FOR SPECIAL RULES RELATED TO INTERMEDIATE SALES, TAXABLE GAMING SERVICES, PURCHASES BY THE FEDERAL GOVERNMENT, GOVERNMENT ENTERPRISES, MIXED USE PROPERTY OR SERVICES, AND NOT-FOR-PROFIT ORGANIZATIONS; TO PROVIDE FOR TAXATION OF FINANCIAL INTERMEDIATION SERVICES, TO PROVIDE FOR ADDITIONAL MATTERS RELATED TO THE SALE OF A COPYRIGHT OR TRADEMARK, CERTAIN EXCLUSIONS FROM TAXATION, TAXATION RELATED TO THE PURCHASE OF TAXABLE PROPERTY OR SERVICES SUBJECT TO AN EMPLOYEE DISCOUNT, TAXABLE PROPERTY OR SERVICES GIVEN AS A GIFT, PRIZE, REWARD, OR AS RENUMERATION


Printed Page 123 . . . . . Tuesday, January 11, 2011

FOR EMPLOYMENT BY A REGISTERED PERSON, AND TO PROVIDE FOR TAX TREATMENT FOR INVENTORY HELD BY A TRADE OR BUSINESS ON THE CLOSE OF BUSINESS ON DECEMBER THIRTY-FIRST OF THE YEAR THAT THIS ACT IS ENACTED; TO PROVIDE FOR FUNDING TO THE HOMESTEAD EXEMPTION FUND, THE STATE PUBLIC SCHOOL BUILDING FUND, THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984 FUND, FUNDING FOR MUNICIPALITIES AND COUNTIES, AND THE TOURISM EXPENDITURE REVIEW COMMITTEE; TO PROVIDE FOR A SPECIAL VOTE TO AMEND OR REPEAL THIS ACT WITHIN THREE YEARS OF ITS ENACTMENT AND REFERENDUM FOR CHANGES AFTER THE FOURTH YEAR; AND TO REPEAL CHAPTERS 6, 8, 11, 13, 16, 36, 58, AND 62 OF TITLE 12.
l:\s-res\lkg\011fair.kmm.lkg.docx

Prefiled and referred to the Committee on Finance.

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

S. 275 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 56-10-225 OF THE 1976 CODE, RELATING TO PROOF OF FINANCIAL RESPONSIBILITY, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY IMPOUND THE VEHICLE OF A PERSON CONVICTED PURSUANT TO THE PROVISIONS OF THE SECTION IF NO PROOF OF INSURANCE IS PROVIDED WITHIN TEN DAYS OF CONVICTION, AND TO PROVIDE THAT PROOF OF INSURANCE IS REQUIRED TO RETRIEVE THE VEHICLE.
l:\s-res\mtr\031impo.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 276 (Word version) -- Senator Bryant: A JOINT RESOLUTION TO DIRECT THE SECRETARY OF STATE TO PROVIDE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION WITH NOTICE THAT THE GENERAL ASSEMBLY AND THE GOVERNOR STRONGLY ENCOURAGE THE MEMBERS OF THE CONGRESSIONAL DELEGATION TO SPONSOR OR CO-SPONSOR AND VOTE FOR A FEDERAL CONSTITUTIONAL AMENDMENT PROVIDING FOR TERM LIMITS OF A SPECIFIC LENGTH, TO PROVIDE THAT THE NOTICE IS NO LONGER REQUIRED WHEN THE UNITED STATES CONGRESS


Printed Page 124 . . . . . Tuesday, January 11, 2011

APPROVES THE CONSTITUTIONAL AMENDMENT, AND TO PROVIDE FOR WHEN THE NOTICE MUST BE GIVEN.
l:\s-res\klb\004term.kmm.klb.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 277 (Word version) -- Senators Peeler, Campsen, Rose, Ryberg and McConnell: A BILL TO RATIFY AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF SUFFRAGE, BY ADDING SECTION 12 TO GUARANTEE THE RIGHT OF AN INDIVIDUAL TO VOTE BY SECRET BALLOT FOR A DESIGNATION, A SELECTION, OR AN AUTHORIZATION FOR EMPLOYEE REPRESENTATION BY A LABOR ORGANIZATION.
l:\s-res\hsp\016suff.mrh.hsp.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 278 (Word version) -- Senators Cromer and Thomas: A BILL TO AMEND SECTIONS 38-73-736 AND 38-73-737 OF THE 1976 CODE, RELATING TO DRIVER TRAINING COURSE CREDIT TOWARD LIABILITY AND COLLISION INSURANCE COVERAGE, TO PROVIDE THAT PREMIUM RATES ARE SUBJECT TO A COURSE CREDIT AFTER AN INITIAL SIX HOUR DRIVER TRAINING AND SAFETY COURSE, AND TO ALLOW FOR A FOUR HOUR REFRESHER COURSE EVERY THREE YEARS.
l:\s-res\rwc\010driv.ebd.rwc.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 279 (Word version) -- Senator Rose: A BILL TO AMEND TITLE 6 OF THE 1976 CODE, BY ADDING CHAPTER 14, TO ENACT THE "LOCAL OPTION MOTOR FUEL USER FEE ACT", TO PROVIDE THAT A COUNTY MAY IMPOSE BY ORDINANCE, APPROVED BY REFERENDUM, A USER FEE OF NOT MORE THAN ONE CENT A GALLON ON RETAIL SALES OF MOTOR FUEL FOR THE SOLE PURPOSE OF ROAD IMPROVEMENT PROJECTS AND ROAD MAINTENANCE WITHIN THE COUNTY, TO PROVIDE THE PROCESS BY WHICH THE USER FEE MAY BE IMPOSED AND RESCINDED, AND TO PROVIDE THE MANNER IN WHICH


Printed Page 125 . . . . . Tuesday, January 11, 2011

THE DEPARTMENT OF REVENUE SHALL COLLECT AND DISTRIBUTE THE USER FEE.
l:\s-financ\drafting\mtr\006fuel.dag.mtr.docx

Prefiled and referred to the Committee on Finance.

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

S. 280 (Word version) -- Senators Rose and Campsen: A BILL TO AMEND SECTIONS 2-7-60, 2-7-62, 2-7-68, AND 2-7-78 OF THE 1976 CODE, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL BIENNIALLY PROVIDE FOR ALL EXPENDITURES FOR ANY DEPARTMENT, INSTITUTION, BOARD, OR COMMISSION; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES OF THE ANNUAL APPROPRIATIONS ACT TO THE BIENNIAL APPROPRIATIONS ACT.
l:\s-res\mtr\036budg.ebd.mtr.docx

Prefiled and referred to the Committee on Finance.

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

S. 281 (Word version) -- Senators Jackson and Rose: A BILL TO AMEND SECTION 63-5-20 OF THE 1976 CODE, RELATING TO CHILD SUPPORT OBLIGATIONS, TO PROVIDE THAT AN OFFENDER SENTENCED TO NINETY OR FEWER DAYS IMPRISONMENT THAT IS EMPLOYED AT THE TIME OF SENTENCING AND IS ABLE TO MAINTAIN EMPLOYMENT MAY SERVE HIS SENTENCE AT A TIME WHEN HE IS NOT WORKING AND DOES NOT INTERFERE WITH HIS EMPLOYMENT; AND TO PROVIDE FOR WAGE GARNISHMENT TO SATISFY CHILD SUPPORT PAYMENTS.
l:\s-res\dj\007supp.ebd.dj.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 282 (Word version) -- Senators Davis and Rose: A BILL TO AMEND SECTION 7-11-80 OF THE 1976 CODE, RELATING TO THE FORM OF NOMINATING PETITIONS, TO PROVIDE THAT PETITIONS SHALL BE ON PAPER SIZED 8 1/2 '' X 11''.
l:\s-res\td\002peti.ebd.td.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 126 . . . . . Tuesday, January 11, 2011

S. 283 (Word version) -- Senators Shoopman, Grooms, Campsen, Davis, Rose, Ryberg and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-35 TO PROVIDE THAT EFFECTIVE JULY 1, 2011, THE STATE SUPERINTENDENT OF EDUCATION SHALL HAVE RESPONSIBILITY FOR AND JURISDICTION OVER ALL INTERSCHOLASTIC ATHLETIC ACTIVITIES OF PUBLIC HIGH SCHOOLS OF THIS STATE, TO PROVIDE THAT THE SUPERINTENDENT SHALL APPOINT A DIVERSE ADVISORY BOARD OF SCHOOL SUPERINTENDENTS, ATHLETIC DIRECTORS, AND COACHES, INCLUDING WOMEN AND MINORITY MEMBERS, TO ADVISE HIM IN REGARD TO HIS DUTIES AND RESPONSIBILITIES UNDER THIS SECTION, AND TO PROVIDE THAT A STATE PUBLIC HIGH SCHOOL MAY NOT JOIN OR AFFILIATE WITH ANY JURISDICTIONAL BODY OR ENTITY THAT OPERATES OUTSIDE THE AUTHORITY OF THE STATE SUPERINTENDENT OF EDUCATION.
l:\s-res\pws\002supt.mrh.pws.docx

Prefiled and referred to the Committee on Education.

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

S. 284 (Word version) -- Senators Campsen and Rose: A SENATE RESOLUTION TO AMEND RULE 15 OF THE RULES OF THE SENATE, RELATING TO BRINGING A MATTER UNDER DEBATE TO A CLOSE, TO CHANGE THE MAXIMUM NUMBER OF SENATORS REQUIRED THAT MUST AGREE TO THE MOTION TO TWENTY-FIVE INSTEAD OF TWENTY-SIX.
l:\s-res\gec\005rule.mrh.gec.docx

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 285 (Word version) -- Senators Campsen and Rose: A SENATE RESOLUTION TO AMEND RULE 19E, RULES OF THE SENATE, RELATING TO THE CHAIRMEN OF THE STANDING COMMITTEES, TO PROVIDE THAT THE CHAIRMEN SHALL BE ELECTED BY THE MEMBERSHIP OF THE STANDING COMMITTEES.
l:\s-res\gec\004chai.mrh.gec.docx


Printed Page 127 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 286 (Word version) -- Senators Campsen, Rose, Massey and S. Martin: A BILL TO AMEND ARTICLE 1, CHAPTER 7, TITLE 2 OF THE 1976 CODE, RELATING TO LEGISLATIVE ENACTMENTS, BY ADDING SECTION 2-7-125, TO REQUIRE BILLS AND JOINT RESOLUTIONS HAVING THE FORCE AND EFFECT OF LAW TO RECEIVE A RECORDED ROLL CALL VOTE AT VARIOUS STAGES OF THEIR PASSAGE BY THE HOUSE OF REPRESENTATIVES AND THE SENATE AND TO PROVIDE THAT THIS ACT TAKES EFFECT UPON THE RATIFICATION OF A CONSTITUTIONAL AMENDMENT PROVIDING THAT THE GENERAL ASSEMBLY MAY ESTABLISH BY PERMANENT LAW CERTAIN MATTERS REQUIRING A RECORDED VOTE IN EACH HOUSE.
l:\s-res\gec\003roll.mrh.gec.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 287 (Word version) -- Senators Campsen, Verdin, Rose, Massey and McConnell: A SENATE RESOLUTION TO AMEND RULE 16 OF THE RULES OF THE SENATE, RELATING TO VOTES BY AYES AND NOES AND THE REQUIREMENT THAT SENATORS PRESENT MUST VOTE, TO PROVIDE THAT RECORDED VOTES MUST BE TAKEN ON SECOND READING OF ALL BILLS AND RESOLUTIONS HAVING THE FORCE AND EFFECT OF LAW AND ON CERTAIN OTHER MATTERS.
l:\s-res\gec\002roll.mrh.gec.docx

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 288 (Word version) -- Senators Campsen, Verdin, Rose and Massey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 12 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICERS, RULES, AND PUNISHMENT AND EXPULSION OF MEMBERS OF EACH HOUSE OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THE GENERAL ASSEMBLY MAY ESTABLISH BY PERMANENT LAW


Printed Page 128 . . . . . Tuesday, January 11, 2011

MATTERS WHICH REQUIRE THE RECORDING OF THE YEAS AND NAYES IN THE JOURNALS OF EACH HOUSE IN ADDITION TO THOSE MATTERS FOR WHICH THE RECORDING OF THE YEAS AND NAYES IS REQUIRED BY THIS CONSTITUTION AND THAT EACH HOUSE MAY REQUIRE BY RULE FOR THE RECORDING OF VOTES ON OTHER MATTERS.
l:\s-res\gec\001roll.mrh.gec.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 289 (Word version) -- Senators Sheheen, Campsen, Davis and Massey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1339 TO PROHIBIT A POLITICAL ACTION COMMITTEE ORGANIZED BY OR ON BEHALF OF CERTAIN STATEWIDE OFFICIALS; AND TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO COMMITTEES BEING ESTABLISHED, FINANCED, OR CONTROLLED BY A CANDIDATE, SO AS TO DELETE REFERENCES TO A COMMITTEE ORGANIZED DIRECTLY OR INDIRECTLY ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A CANDIDATE OR PUBLIC OFFICIAL.
l:\s-res\vas\009acti.kmm.vas.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 290 (Word version) -- Senator Jackson: A BILL TO AMEND TITLE 27 OF THE 1976 CODE, RELATING TO PROPERTY AND CONVEYANCES, TO PROVIDE THAT AN OWNER OF COMMERCIAL PROPERTY SHALL OBTAIN A COMMERCIAL PROPERTY INSPECTION REPORT FROM AN INSPECTOR AGREED UPON BY THE SELLER AND THE PURCHASER, TO PROVIDE FOR THE CONTENTS OF THE REPORT, TO PROVIDE FOR THE TRANSFERS OF PROPERTY THAT REQUIRE A REPORT, TO PROVIDE FOR EXCEPTIONS TO THE REQUIREMENT FOR AN INSPECTION REPORT, TO PROVIDE FOR THE AGENT'S DUTIES, AND TO DEFINE NECESSARY TERMS.
l:\s-res\dj\009comm.ebd.dj.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 129 . . . . . Tuesday, January 11, 2011

S. 291 (Word version) -- Senators O'Dell and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 7, TITLE 1 SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO CREATE AND ADMINISTER A STATE CRIMINAL DOMESTIC VIOLENCE REGISTRY IN ORDER TO MAINTAIN A LIST OF PERSONS CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE, TO PROVIDE PROCEDURES THAT MUST BE FOLLOWED IN THE MAINTENANCE OF THE REGISTRY, AND TO PROVIDE FOR CONFIDENTIALITY OF THE IDENTITY OF VICTIMS OF DOMESTIC VIOLENCE.
l:\council\bills\ms\7089ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 292 (Word version) -- Senators Jackson, Hutto and Fair: A BILL TO AMEND ARTICLE 47, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD PASSENGER RESTRAINT SYSTEMS, SO AS TO DELETE THE TERM "THIS ARTICLE" AND REPLACE IT WITH "SECTION 56-5-6410" THROUGHOUT THE ARTICLE, AND TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OR OCCUPANT OF A MOTOR VEHICLE TO SMOKE A TOBACCO PRODUCT WHILE CERTAIN CHILDREN ARE ALSO IN THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY FOR VIOLATION OF UNLAWFULLY SMOKING IN A MOTOR VEHICLE.
l:\council\bills\nbd\11084ahb11.docx

Prefiled and referred to the Committee on Transportation.

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

S. 293 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 63-19-1020, RELATING TO INSTITUTING PROCEEDINGS AGAINST A CHILD FOR INCORRIGIBILITY, SO AS TO REQUIRE DOCUMENTATION IN CASES OF INCORRIGIBILITY THAT FAMILY COUNSELING HAS BEEN SOUGHT AND TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO REFER THE PARENT AND CHILD TO FAMILY COUNSELING IF IT HAS NOT BEEN SOUGHT OR TO PROVIDE THE COUNSELING.
l:\council\bills\nbd\11097ahb11.docx


Printed Page 130 . . . . . Tuesday, January 11, 2011

Prefiled and referred to the Committee on Judiciary.

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

S. 294 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-1-60 SO AS TO ESTABLISH THE JOINT COUNCIL ON CHILDREN AND ADOLESCENTS, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING, BUT NOT LIMITED TO, PROMOTING AND FACILITATING ACTIVITIES TO IMPROVE ACCESS TO SERVICES FOR CHILDREN, ADOLESCENTS, AND THEIR FAMILIES, TO PROVIDE THAT CLIENT RECORDS ARE CONFIDENTIAL, AND TO PROVIDE CIRCUMSTANCES UNDER WHICH RECORDS MAY BE RELEASED.
l:\council\bills\nbd\11094ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 295 (Word version) -- Senators Hutto, Fair and Jackson: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA SUMMER CAMP STUDY COMMITTEE TO STUDY THE SUMMER CAMPS IN THE STATE AND MAKE RECOMMENDATIONS TO THE LEGISLATURE RELATED TO LICENSING AND REGULATION OF SUMMER CAMPS, PROVIDE FOR THE MEMBERSHIP AND METHOD OF APPOINTMENT FOR THE MEMBERSHIP, PROVIDE FOR THE DUTIES OF THE STUDY COMMITTEE, PROVIDE FOR THE STAFFING OF THE STUDY COMMITTEE, AND TO DISSOLVE THE STUDY COMMITTEE AFTER A REPORT OF ITS FINDINGS IS PROVIDED TO THE LEGISLATURE AND THE GOVERNOR.
l:\council\bills\nbd\11092ahb11.docx

Prefiled and referred to the Committee on Education.

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

S. 296 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-19-2470 SO AS TO CREATE THE OFFENSE OF SEXTING, TO PROVIDE FOR A CIVIL FINE AND THE CREATION OF AN EDUCATIONAL PROGRAM FOR A PERSON WHO COMMITS THE OFFENSE, TO PROVIDE FOR THE RESTRICTION OF A MINOR'S DRIVING PRIVILEGES UNDER


Printed Page 131 . . . . . Tuesday, January 11, 2011

CERTAIN CIRCUMSTANCES, TO PROVIDE CERTAIN SAFEGUARDS FOR MINORS WHO COMMIT THE OFFENSE, AND TO PROVIDE FOR THE USE OF THE UNIFORM TRAFFIC TICKET FOR THE OFFENSE AND FOR JURISDICTION OVER THE OFFENSE IN THE MUNICIPAL OR MAGISTRATES COURT.
l:\council\bills\nbd\11088ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 297 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 16-17-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING DISTURBING SCHOOLS, SO AS TO RESTRUCTURE THE OFFENSES TO PROVIDE A DELINEATED LIST OF THOSE ACTIONS WHICH INVOLVE DISTURBING SCHOOLS, TO REVISE THE PENALTY FOR A VIOLATION OF A DISTURBING SCHOOLS OFFENSE, AND TO PROVIDE AN EXCEPTION FOR SCHOOL-SPONSORED ATHLETIC EVENTS.
l:\council\bills\nbd\11087ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 298 (Word version) -- Senators Fair and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-13-870 SO AS TO AUTHORIZE CORPORAL PUNISHMENT WITH WRITTEN PARENTAL PERMISSION UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 63-13-820, RELATING TO REGISTRATION REQUIREMENTS FOR FAMILY CHILD CARE HOMES, SO AS TO REQUIRE FAMILY CHILD CARE OPERATORS TO POST INFORMATION AND NOTICES REGARDING PARENTAL TRAINING PROGRAMS; AND TO AMEND SECTION 63-13-825, RELATING TO TRAINING OF FAMILY CHILD CARE OPERATORS AND CAREGIVERS, SO AS TO REQUIRE THAT THE MANDATORY TRAINING MUST BE COMPLETED WITHIN THIRTY DAYS OF REGISTRATION OR EMPLOYMENT.
l:\council\bills\nbd\11083ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 132 . . . . . Tuesday, January 11, 2011

S. 299 (Word version) -- Senators Fair, Hutto, Jackson and Ryberg: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS MADE BY CHILDREN UNDER CERTAIN CIRCUMSTANCES, SO AS TO ALLOW THE ADMISSIBILITY OF HEARSAY STATEMENTS MADE TO FORENSIC INTERVIEWERS.
l:\council\bills\nbd\11081ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 300 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 63-19-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF JUVENILES TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO AUTHORIZE THE DEPARTMENT OF JUVENILE JUSTICE TO ALLOW A JUVENILE WHO IS TEMPORARILY COMMITTED TO ITS CUSTODY, AFTER BEING ADJUDICATED FOR A STATUS OFFENSE, MISDEMEANOR OFFENSE, OR A PROBATION VIOLATION OR CONTEMPT, TO UNDERGO A COMMUNITY EVALUATION WITH CERTAIN SAFEGUARDS AND EXCEPTIONS.
l:\council\bills\ms\7084ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 301 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 63-19-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF JUVENILES TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT THE FAMILY COURT MAY COMMIT A CHILD TO THE DEPARTMENT OF JUVENILE JUSTICE FOR A DETERMINATE PERIOD OF TIME NOT TO EXCEED ONE HUNDRED EIGHTY DAYS UPON A CHILD'S ADJUDICATION FOR A FELONY WHICH CARRIES A MAXIMUM PENALTY OF FIFTEEN YEARS OR MORE.
l:\council\bills\ms\7083ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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


Printed Page 133 . . . . . Tuesday, January 11, 2011

S. 302 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 63-19-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL PROVIDE, SO AS TO AUTHORIZE THE DEPARTMENT OF JUVENILE JUSTICE TO GRANT PROBATIONERS AND PAROLEES UNDER THE DEPARTMENT'S SUPERVISION UP TO A TEN-DAY REDUCTION OF THE PROBATIONARY OR PAROLE TERM FOR EACH MONTH THEY ARE COMPLIANT WITH THE TERMS AND CONDITIONS OF THEIR PROBATION OR PAROLE.
l:\council\bills\ms\7082ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 303 (Word version) -- Senators Jackson, Fair and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-19-1415 SO AS TO PROVIDE RESTRICTIONS ON THE USE OF RESTRAINTS ON JUVENILES UNLESS THE RESTRAINTS ARE NECESSARY TO PREVENT HARM AND THERE ARE NO LESS RESTRICTIVE ALTERNATIVES AVAILABLE, TO GIVE A JUVENILE'S ATTORNEY THE RIGHT TO BE HEARD, AND TO REQUIRE FINDINGS OF FACT IN SUPPORT IF RESTRAINTS ARE ORDERED.
l:\council\bills\ms\7081ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 304 (Word version) -- Senators Campsen, Verdin and Rose: A BILL TO AMEND SECTION 7-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO REQUIRE A PERSON TO SUBMIT PROOF OF CITIZENSHIP; TO ADD SECTION 7-5-123 SO AS TO PROVIDE THAT PROOF OF CITIZENSHIP WHEN REGISTERING TO VOTE, INCLUDES A DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES OR A DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY ANOTHER STATE PURSUANT TO THE PROVISIONS IN SECTION 41-8-20(B)(2)(C), A UNITED STATES PASSPORT, A BIRTH CERTIFICATE, UNITED STATES NATURALIZATION DOCUMENTATION, OR ANY DOCUMENT OR METHOD OF


Printed Page 134 . . . . . Tuesday, January 11, 2011

PROOF OF CITIZENSHIP PROVIDED FOR IN FEDERAL LAW, TO EXEMPT PERSONS REGISTERED TO VOTE PRIOR TO THE APPROVAL OF THIS BILL, AND TO PROVIDE THAT PROOF OF CITIZENSHIP IS NOT REQUIRED WHEN THE ELECTOR MOVES OR CHANGES HIS NAME; AND TO AMEND SECTION 7-5-320, RELATING TO APPLICATIONS FOR MOTOR VEHICLE LICENSES AND RENEWALS SERVING AS AN APPLICATION FOR VOTER REGISTRATION, SO AS TO STATE ON THE VOTER REGISTRATION PORTION OF THE APPLICATION THE DOCUMENTATION REQUIRED FOR PROOF OF CITIZENSHIP, WHICH MUST ACCOMPANY THE APPLICATION.
l:\s-jud\bills\campsen\jud0062.ssp.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 305 (Word version) -- Senator Rose: A BILL TO REPEAL SECTION 8-13-1328, RELATING TO LIMITS ON REPAYMENT OF LOANS FROM A CANDIDATE OR CANDIDATE'S FAMILY MEMBER TO A CAMPAIGN.
l:\s-res\mtr\032loan.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 306 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 8-13-310 OF THE 1976 CODE, RELATING TO THE STATE ETHICS COMMISSION, TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL BE COMPOSED OF EIGHT MEMBERS, AND TO PROVIDE FOR THE APPOINTMENT AND INITIAL TERMS OF THE MEMBERS; AND TO REPEAL SECTIONS 8-13-530, 8-13-540, AND 8-13-550, RELATING TO THE ETHICS COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES.
l:\s-res\mtr\033ethi.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 307 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 56-1-440 OF THE 1976 CODE, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, TO INCREASE THE FINE FOR FIRST AND SUBSEQUENT OFFENSES; AND TO AMEND SECTION 56-1-480, RELATING TO


Printed Page 135 . . . . . Tuesday, January 11, 2011

PERMITTING AN UNLICENSED DRIVER TO DRIVE, TO INCREASE THE PENALTY.
l:\s-res\mtr\034rand.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 308 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 8-13-540 OF THE 1976 CODE, RELATING TO THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, TO PROVIDE THAT RESPONDENTS IN ETHICS COMMITTEE INVESTIGATIONS MAY WAIVE THE RIGHT TO CONFIDENTIALITY, TO PROVIDE THAT THE COMMITTEES MAY IMPOSE A CIVIL PENALTY OF UP TO TWO THOUSAND DOLLARS FOR ETHICAL VIOLATIONS, AND TO PROVIDE THAT THE COMMITTEES MAY REQUIRE THE FORFEITURE OF GIFTS OR PROFITS OBTAINED IN VIOLATION OF THIS CHAPTER.
l:\s-res\mtr\035ethi.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 309 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 41-43-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR THE POWER OF THE AUTHORITY TO USE PROGRAM FUNDS TO PURCHASE INSURANCE, THE BENEFITS OF WHICH MUST BE USED TO FUND, DIRECTLY OR INDIRECTLY, PROJECTS OR ACTIVITIES WHICH CREATE JOBS OR PROVIDE OTHER SIGNIFICANT PUBLIC BENEFITS; TO AMEND SECTION 41-43-110, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY THE AUTHORITY, SO AS TO SPECIFY THAT THE AUTHORITY MAY ISSUE BONDS TO FINANCE THE ACQUISITION BY CONSTRUCTION OR PURCHASE OF TANGIBLE OR INTANGIBLE ASSETS; TO AMEND SECTION 41-43-140, RELATING TO THE CREATION OF AN INSURANCE FUND BY THE AUTHORITY AS SECURITY FOR BOND HOLDERS, SO AS TO FURTHER PROVIDE FOR THE CREATION OF THE INSURANCE FUND AND THE USE OF FUNDS THEREIN; TO AMEND SECTION 41-43-150, RELATING TO PERSONS AND PROJECTS ELIGIBLE FOR ASSISTANCE


Printed Page 136 . . . . . Tuesday, January 11, 2011

FROM THE AUTHORITY, SO AS TO FURTHER PROVIDE FOR PERSONS AND PROJECTS ELIGIBLE FOR ASSISTANCE AND THE CRITERIA THEREFOR; AND TO AMEND SECTION 41-43-160, AS AMENDED, RELATING TO LOAN PROGRAMS OF THE AUTHORITY, SO AS TO PROVIDE THE USE WHICH CAN BE MADE OF PROCEEDS OF LOANS MADE UNDER THIS SECTION.
l:\council\bills\dka\3165sd11.docx

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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

S. 310 (Word version) -- Senators Davis, Campsen, Elliott, Ford, Setzler, Rose and Hayes: A JOINT RESOLUTION TO REVISE THE METHOD OF CALCULATING THE INDEX OF TAXPAYING ABILITY FOR PURPOSES OF THE EDUCATION FINANCE ACT (EFA) FOR FISCAL YEARS 2011-2012 AND 2012-2013 BY IMPUTING AN INDEX VALUE FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY ASSESSED AT FOUR PERCENT OF VALUE.
l:\council\bills\nbd\11101htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 311 (Word version) -- Senators Davis, Campsen, Shoopman, Bright, Grooms, Verdin, S. Martin, Rose and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA TRANSPARENCY IN EDUCATION ACT" TO REQUIRE THE DEPARTMENT OF EDUCATION TO POST CERTAIN INFORMATION REGARDING EDUCATIONAL MATERIALS AND PRODUCTS ON ITS INTERNET WEBSITE AND ON THE INTERNET WEBSITE OF THE OFFICE OF THE COMPTROLLER GENERAL.
l:\council\bills\agm\18282bh11.docx

Prefiled and referred to the Committee on Education.

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

S. 312 (Word version) -- Senators Davis, McConnell, Peeler, Bright, Massey, Shoopman, S. Martin, Ryberg, Verdin and Rose: A BILL TO AMEND SECTION 2-65-15, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 137 . . . . . Tuesday, January 11, 2011

RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA FEDERAL AND OTHER FUNDS OVERSIGHT ACT, SO AS TO REVISE THE DEFINITION OF "MATCHING FUNDS" TO INCLUDE BOTH GENERAL FUND MONIES AND OTHER FUND MONIES TO BE USED TO MEET FEDERAL MATCH REQUIREMENTS; TO AMEND SECTION 2-65-20, RELATING TO THE APPROPRIATION OF ANTICIPATED FEDERAL FUNDS AND OTHER FUNDS BY THE GENERAL ASSEMBLY IN APPROPRIATIONS ACTS, SO AS TO REQUIRE STATE AGENCIES RECEIVING FEDERAL FUNDS TO PROVIDE IN BUDGET SUBMISSIONS FOR THE PROPOSED BUDGET DETAILS OF CONDITIONS IMPOSED ON THE STATE APPLICABLE TO FEDERAL FUNDS INCLUDED IN THE AGENCY'S BUDGET SUBMISSION, REQUIRE THE RECOMMENDED BUDGET SPECIFICALLY TO ACCEPT IN DETAIL THOSE CONDITIONS WHEN FEDERAL FUNDS ARE INCLUDED IN THE PROPOSED BUDGET, AND TO CONFORM THE SECTION TO REFLECT THE PROVISION OF LAW ASSIGNING TO THE GOVERNOR THE DUTY OF PRODUCING A PROPOSED BUDGET TO THE GENERAL ASSEMBLY; AND TO AMEND SECTION 2-65-30, RELATING TO EXPENDITURE BY A STATE AGENCY OF UNANTICIPATED FEDERAL FUNDS AND PRIVATE GRANT FUNDS NOT APPROPRIATED IN APPROPRIATIONS ACTS, SO AS TO REQUIRE THE AGENCY'S SUBMISSION OF AN EXPENDITURE PROPOSAL FOR THE ANTICIPATED FUNDS TO THE STATE BUDGET AND CONTROL BOARD TO INCLUDE THE CONDITIONS IMPOSED ON THE STATE'S RECEIPT AND EXPENDITURE OF THE FEDERAL FUNDS AND, IN AUTHORIZING THE RECEIPT AND EXPENDITURE, THE BOARD'S ACCEPTANCE OF THE CONDITIONS.
l:\council\bills\bbm\9894htc11.docx

Prefiled and referred to the Committee on Finance.

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

S. 313 (Word version) -- Senators Davis and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-145 SO AS TO REQUIRE A "PLAN OF SERVICES" BEFORE APPROVAL OF ALL ANNEXATION PROPOSALS; BY ADDING SECTION 5-3-160 SO AS TO REQUIRE A NEW ANNEXATION BE CONSISTENT WITH LOCAL


Printed Page 138 . . . . . Tuesday, January 11, 2011

COMPREHENSIVE LAND USE PLANS; TO AMEND SECTION 5-3-150, RELATING TO ALTERNATE METHODS WHERE A PETITION IS SIGNED BY ALL OR SEVENTY-FIVE PERCENT OF LANDOWNERS, SO AS TO GIVE STANDING TO OTHER PERSONS OR ENTITIES TO BRING SUIT TO CHALLENGE A PROPOSED OR COMPLETED ANNEXATION, REQUIRE PUBLIC NOTICE OF A PUBLIC HEARING WHICH IS REQUIRED BEFORE ACTING ON AN ANNEXATION PETITION; AND TO AMEND SECTION 5-3-305, RELATING TO DEFINITIONS USED IN ANNEXATION PROCEDURE, SO AS TO DEFINE "URBAN AREA" AND CHANGE THE DEFINITION OF "CONTIGUOUS".
l:\council\bills\ggs\22714zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 314 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-31-165 SO AS TO PROVIDE THE CREATOR OF A HORIZONTAL PROPERTY REGIME WHO CEASES TO OWN AT LEAST FIVE PERCENT OF THE VALUE OF A STAGE OF THE REAL PROPERTY INCLUDED IN THE REGIME MAY NOT DESIGNATE THE ADMINISTRATOR, BOARD OF ADMINISTRATION, OR OTHERWISE CONTROL ANY OTHER FORM OF ADMINISTRATION OF THAT STAGE OF THE REGIME, TO DEFINE THE TERM "STAGE" IN THE CONTEXT OF THIS SECTION, AND TO PROVIDE THE ANNEXATION OF ADDITIONAL PROPERTY MAY NOT EXPAND A STAGE FOR THE PURPOSE OF ENABLING THE PERSON WHO ESTABLISHED THE HORIZONTAL PROPERTY REGIME TO MAINTAIN A FIVE PERCENT OR GREATER OWNERSHIP OF THE STAGE AS SPECIFIED IN THE MASTER DEED; AND TO AMEND SECTION 27-31-300, RELATING TO THE EFFECTS OF THE HORIZONTAL PROPERTY ACT ON CONTRACTS ENTERED BEFORE A CERTAIN DATE, SO AS TO PROVIDE AN EXEMPTION.
l:\council\bills\agm\18262ab11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 315 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION


Printed Page 139 . . . . . Tuesday, January 11, 2011

38-73-492 SO AS TO PROVIDE A NONPARTISAN RATING BUREAU OR OTHER ENTITY CALCULATING A WORKERS' COMPENSATION EXPERIENCE RATING PLAN USED IN THIS STATE MUST CALCULATE THE RATE OF AN INDIVIDUAL EMPLOYER BASED ON ALL PAYROLL HISTORY DATA AND LOSS HISTORY DATA PROVIDED BY THE INDIVIDUAL EMPLOYER AND MAY NOT EXCLUDE THIS DATA BECAUSE IT FAILS TO FALL WITHIN A SPECIFIED TIME PERIOD.
l:\council\bills\agm\18263ab11.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 316 (Word version) -- Senator Massey: A BILL TO AMEND CHAPTER 57 OF TITLE 38 OF THE 1976 CODE, RELATING TO INSURANCE TRADE PRACTICES, BY ADDING SECTION 38-57-190, TO PROVIDE THAT TERMS AND CONDITIONS OF HEALTH CARE CONTRACTS ISSUED BY HEALTH INSURANCE ISSUERS THAT PROVIDE HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL, SMALL GROUP, OR LARGE GROUP MARKET DO NOT DISCRIMINATE UNREASONABLY AGAINST OR AMONG HEALTH CARE PROVIDERS WILLING AND QUALIFIED TO MEET THE TERMS AND CONDITIONS OF PARTICIPATION ESTABLISHED BY A HEALTH INSURANCE ISSUER OR OTHERWISE PROHIBIT OR LIMIT PARTICIPATION BY A PROVIDER WHO IS WILLING TO ACCEPT AN ISSUER'S TERMS AND CONDITIONS FOR PARTICIPATION IN THE PROVISION OF HEALTH CARE SERVICES; BY ADDING SECTION 38-71-450, TO PROVIDE THAT INDIVIDUAL HEALTH INSURANCE POLICIES OR CERTIFICATES OF COVERAGE MAY PROVIDE FOR WELLNESS CREDITS OR DISCOUNTS AND TO DEFINE WELLNESS CREDITS OR DISCOUNTS; AND BY ADDING SECTION 38-71-815, TO PROVIDE THAT GROUP HEALTH INSURANCE POLICIES OR CERTIFICATES OF COVERAGE MAY PROVIDE FOR WELLNESS CREDITS OR DISCOUNTS AND TO DEFINE WELLNESS CREDITS OR DISCOUNTS.
l:\s-res\asm\001heal.kmm.asm.docx

Prefiled and referred to the Committee on Banking and Insurance.

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


Printed Page 140 . . . . . Tuesday, January 11, 2011

S. 317 (Word version) -- Senator Fair: A JOINT RESOLUTION TO EXTEND THE DISSOLUTION DATE FOR THE DEPARTMENT OF CORRECTIONS AND DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES CONSOLIDATION STUDY COMMITTEE, AS ESTABLISHED BY ACT 291 OF 2010, FROM DECEMBER 31, 2010, TO DECEMBER 31, 2011.
l:\council\bills\nbd\11099cm11.docx

Prefiled and referred to the Committee on Corrections and Penology.

Read the first time and referred to the Committee on Corrections and Penology.

S. 318 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-27-05 SO AS TO ENTITLE CHAPTER 27 THE "SOUTH CAROLINA WHISTLEBLOWER AND PUBLIC EMPLOYEE PROTECTION ACT"; TO AMEND SECTION 8-27-30, AS AMENDED, RELATING TO CIVIL ACTIONS AGAINST AN EMPLOYING PUBLIC BODY FOR RETALIATION AGAINST AN EMPLOYEE WHO REPORTS A VIOLATION OF STATE OR FEDERAL LAW OR REGULATION, SO AS TO REMOVE THE ONE YEAR LIMITATION ON THE PERIOD DURING WHICH THE EMPLOYEE IS PROTECTION FROM ADVERSE EMPLOYMENT ACTIONS.
l:\council\bills\bbm\9900zw11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 319 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-56-245 SO AS TO EXEMPT A FIREWORKS STAND THAT IS EIGHTEEN FEET OR GREATER IN LENGTH FROM ANY TIEDOWN REQUIREMENT; AND TO AMEND SECTION 40-56-20, RELATING TO CERTAIN DEFINITIONS, SO AS TO DEFINE ADDITIONAL TERMS.
l:\council\bills\agm\18267ab11.docx

Prefiled and referred to the Committee on Labor, Commerce and Industry.

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


Printed Page 141 . . . . . Tuesday, January 11, 2011

S. 320 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 38-71-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COVERAGE THAT MAY BE WRITTEN BY A LICENSED ACCIDENT AND HEALTH INSURER, SO AS TO PROHIBIT THE INSURER FROM DIRECTLY PAYING MONEY TO AN INSURED FOR A HEALTH CARE SERVICE PROVIDED TO THE INSURED.
l:\council\bills\agm\18283ab11.docx

Prefiled and referred to the Committee on Banking and Insurance.

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

S. 321 (Word version) -- Senators O'Dell and Nicholson: A BILL TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 IN GREENWOOD COUNTY, SO AS TO PROVIDE THAT IF THE NUMBER OF CANDIDATES FOR THE BOARD OF TRUSTEES IS EQUAL TO OR LESS THAN THE NUMBER OF POSITIONS TO BE FILLED, THE COUNTY ELECTION COMMISSION SHALL DECLARE THOSE CANDIDATES ELECTED.
l:\council\bills\agm\18281bh11.docx

Placed on the Local and Uncontested Calendar.

S. 322 (Word version) -- Senators Hayes, Peeler and Rose: A BILL TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE CERTAIN INFORMATION BE RELEASED UPON A FINDING OF PROBABLE CAUSE, DISMISSAL, OR WAIVER OF CONFIDENTIALITY; TO AMEND SECTION 8-13-510 RELATING TO THE GOVERNANCE AND JURISDICTION OF THE ETHICS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE; TO AMEND SECTION 8-13-530 TO DELETE CERTAIN REQUIREMENTS OF THE HOUSE AND SENATE ETHICS COMMITTEES; TO ADD SECTION 8-13-535, RELATING TO THE CHAIRMAN OF THE HOUSE OR SENATE ETHICS COMMITTEE AND HIS SUBPOENA AUTHORITY; TO AMEND SECTION 8-13-540 SO AS TO DELETE SOME PROVISIONS REGARDING THE PROCEDURES OF THE HOUSE OR SENATE ETHICS COMMITTEE AND TO ESTABLISH THE WILFUL


Printed Page 142 . . . . . Tuesday, January 11, 2011

RELEASE OF CONFIDENTIAL INFORMATION IS A MISDEMEANOR; TO AMEND SECTION 8-13-550 TO PROVIDE WHEN THE SPEAKER OF THE HOUSE OR THE PRESIDENT PRO TEMPORE SHALL CALL THE HOUSE OR SENATE INTO OPEN SESSION TO CONSIDER TO THE ACTION OF THE ETHICS COMMITTEE; TO AMEND SECTION 8-13-560 CONCERNING THE SUSPENSION OF A MEMBER OF THE GENERAL ASSEMBLY WHO WINS A REELECTION DURING A SUSPENSION FROM THE GENERAL ASSEMBLY FOR AN INDICTMENT FOR A CRIME THAT IS A FELONY, MORAL TURPITUDE, HAS A SENTENCE OF TWO OR MORE YEARS, OR VIOLATES ELECTION LAWS; AND TO REPEAL SECTION 8-13-520.
l:\s-jud\bills\hayes\jud0053.hla.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 323 (Word version) -- Senators Fair, Hutto, Jackson and Rose: A BILL TO AMEND SECTION 63-19-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF JUVENILES TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO AUTHORIZE THE DEPARTMENT OF JUVENILE JUSTICE TO RELEASE FROM ITS RESIDENTIAL PLACEMENTS SUFFICIENT NUMBERS OF CHILDREN COMMITTED TO ITS CUSTODY OR SUPERVISION FOR A STATUS OFFENSE, A MISDEMEANOR OFFENSE, OR FOR VIOLATION OF PROBATION OR CONTEMPT OF A STATUS OFFENSE OR A MISDEMEANOR OFFENSE SO THAT THE NUMBER OF CHILDREN IN ITS CUSTODY OR UNDER ITS SUPERVISION AND PLACED IN RESIDENTIAL PLACEMENTS DOES NOT EXCEED THE NUMBER OF HOUSING UNITS OR BEDS AVAILABLE, AND TO ENSURE THAT NO CHILD ADJUDICATED DELINQUENT FOR A VIOLENT CRIME, A FELONY, OR A SEXUAL OFFENSE MAY BE RELEASED.
l:\council\bills\ms\7080ahb11.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 324 (Word version) -- Senator Rose: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 12, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO


Printed Page 143 . . . . . Tuesday, January 11, 2011

PUNISHMENT OF MEMBERS OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THE GENERAL ASSEMBLY MAY GRANT CONCURRENT OR EXCLUSIVE JURISDICTION TO INVESTIGATE, ADJUDICATE, AND PUNISH ITS MEMBERS FOR ALLEGATIONS OF ETHICAL MISCONDUCT TO A STATE AGENCY, BOARD, OR COMMISSION AS IT DEEMS APPROPRIATE.
l:\s-res\mtr\037ethi.ebd.mtr.docx

Prefiled and referred to the Committee on Judiciary.

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

S. 325 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, RELATING TO THE MAXIMUM TAX, TO PROVIDE THAT THE MAXIMUM TAX ON MOTOR VEHICLES SHALL INCREASE BEGINNING JULY 1, 2011, TO SIX HUNDRED DOLLARS, AND THAT THE MAXIMUM TAX ON MOTOR VEHICLES SHALL CONTINUE TO INCREASE EACH FISCAL YEAR THEREAFTER UNTIL JUNE 30, 2014, AT WHICH TIME THERE SHALL BE NO MAXIMUM TAX ON MOTOR VEHICLES; AND TO ADD SECTION 11-11-240 TO CREATE THE ROAD IMPROVEMENT FUND, AND TO PROVIDE THAT ALL SALES TAX ON MOTOR VEHICLES IN EXCESS OF THREE HUNDRED DOLLARS PER SALE OR LEASE SHALL BE CREDITED TO THE FUND AND THAT THE FUND MAY BE USED FOR CERTAIN ROAD CONSTRUCTION PROJECTS.
l:\s-financ\drafting\lar\001cart.dag.lar.docx

Prefiled and referred to the Committee on Finance.

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

S. 326 (Word version) -- Senators Hayes, Peeler and Rose: A SENATE RESOLUTION TO AMEND RULE 44, RELATING TO THE SENATE ETHICS COMMITTEE'S DUTIES AND PROCEDURES, SO AS TO PROVIDE ADDITIONAL DUTIES, COMPLAINT PROCEDURES, AND PROCEDURES FOR FINDINGS OF PROBABLE CAUSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO ADD PROVISIONS REGARDING THE RECEIPT OF DOCUMENTS RELATING TO PROCEEDINGS IN ACTIONS TAKEN AGAINST A MEMBER; AND TO AMEND RULE 44.1, RELATING TO THE RULES GOVERNING ACTIONS TAKEN AGAINST A MEMBER, SO AS TO PROVIDE PROVISIONS FOR SUSPENSION AND REINSTATEMENT.


Printed Page 144 . . . . . Tuesday, January 11, 2011

l:\s-jud\bills\hayes\jud0058.hla.docx

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 327 (Word version) -- Senators Davis, McConnell, Campsen, Shoopman, Verdin and Rose: A SENATE RESOLUTION TO AMEND RULE 27, RULES OF THE SENATE, TO PROVIDE FOR A SEVENTY-TWO HOUR BUDGET REVIEW.
l:\s-res\td\00372ho.kmm.td.docx

Prefiled and referred to the Committee on Rules.

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 328 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-1715 SO AS TO REQUIRE THE OWNERS OF A MOPED TO OBTAIN LIABILITY INSURANCE AS IS REQUIRED OF MOTOR VEHICLES; AND TO AMEND SECTION 38-77-30, RELATING TO DEFINITIONS USED IN THE REGULATION OF AUTOMOBILE INSURANCE, SO AS TO DELETE THE EXCEPTION OF A MOPED FROM THE DEFINITION OF "MOTOR VEHICLES".
l:\council\bills\swb\5038cm11.docx

Prefiled and referred to the Committee on Transportation.

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

S. 329 (Word version) -- Senators Peeler, McConnell, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A SENATE RESOLUTION COMMENDING THE HONORABLE ANDRE BAUER FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE GENERAL ASSEMBLY AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
l:\s-res\hsp\020baue.mrh.hsp.docx

On motion of Senator PEELER, with unanimous consent, the Senate Resolution was adopted.


Printed Page 145 . . . . . Tuesday, January 11, 2011

S. 330 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 1-11-10 OF THE 1976 CODE, RELATING TO THE COMPOSITION OF THE STATE BUDGET AND CONTROL BOARD, TO REPLACE THE AUTOMATIC MEMBERSHIP OF THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE HOUSE WAYS AND MEANS COMMITTEE ON THE BUDGET AND CONTROL BOARD WITH A SENATOR AND A MEMBER OF THE HOUSE OF REPRESENTATIVES SELECTED BY A MAJORITY OF THE RESPECTIVE BODIES.
l:\s-res\asm\004band.kmm.asm.docx

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

S. 331 (Word version) -- Senator S. Martin: A BILL TO AMEND ACT 745 OF 1967, RELATING TO THE GREATER GREENVILLE SEWER DISTRICT (CURRENTLY RENEWABLE WATER RESOURCES), TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM NINE TO ELEVEN MEMBERS, AND TO PROVIDE THAT AT LEAST ONE MEMBER MUST BE FROM SPARTANBURG COUNTY.
l:\s-res\srm\001gree.ebd.srm.docx

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

S. 332 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 22-3-1000 OF THE 1976 CODE, RELATING TO THE TIME FOR A MOTION FOR A NEW TRIAL AND APPEAL IN MAGISTRATES COURT, TO INCREASE THE TIME PERIOD IN WHICH A MOTION FOR A NEW TRIAL MAY BE MADE FROM FIVE TO TEN DAYS.
l:\s-res\asm\002magi.kmm.asm.docx

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

S. 333 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 17-5-560 OF THE 1976 CODE, RELATING TO THE CERTIFICATION OF THE CAUSE OF DEATH ON A DEATH CERTIFICATE, TO PROVIDE THAT THE CORONER, DEPUTY CORONER, MEDICAL EXAMINER, OR DEPUTY MEDICAL EXAMINER MUST PROVIDE NOTICE OF THE DEATH TO THE COUNTY BOARD OF ELECTIONS; TO AMEND CHAPTER 19, TITLE 40, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, BY ADDING SECTION 40-19-112 TO PROVIDE THAT A FUNERAL DIRECTOR OR EMBALMER, OR A PERSON


Printed Page 146 . . . . . Tuesday, January 11, 2011

ACTING FOR A FUNERAL DIRECTOR OR EMBALMER, MUST PROVIDE NOTICE OF THE DEATH TO THE COUNTY BOARD OF ELECTIONS; AND TO AMEND ARTICLE 1, CHAPTER 27 OF TITLE 7, RELATING TO GENERAL PROVISIONS CONCERNING COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS, BY ADDING SECTION 7-27-140 TO REQUIRE THE HEAD OF EACH COUNTY BOARD OF ELECTIONS TO REVIEW THE MASTER FILE OF ALL QUALIFIED ELECTORS IN THE COUNTY TO DETERMINE IF THE DECEASED PERSON WAS A REGISTERED ELECTOR IN THE COUNTY, AND IF THE PERSON WAS A REGISTERED ELECTOR, TO TAKE ALL NECESSARY ACTIONS TO REMOVE HIS NAME FROM THE MASTER FILE.
l:\s-res\asm\003coro.kmm.asm.docx

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

S. 334 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 40-80-20 OF THE 1976 CODE, RELATING TO THE REQUIREMENT OF A CRIMINAL RECORDS CHECK FOR EMPLOYMENT AS A FIREFIGHTER, TO PROVIDE FOR THE OFFENSES THAT PREVENT A PERSON FROM PERFORMING FIREFIGHTING DUTIES IN THIS STATE, AND TO MAKE TECHNICAL CORRECTIONS.
l:\s-res\dj\010fire.kmm.dj.docx

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

S. 335 (Word version) -- Senator Massey: A SENATE RESOLUTION TO AMEND RULE 26 OF THE RULES OF THE SENATE, RELATING TO SECOND AND THIRD READING OF BILLS, TO PROVIDE THAT ANY REQUEST FOR FUNDING IN AN APPROPRIATIONS BILL FOR A SPECIFIC COUNTY, MUNICIPALITY, OR NON-PROFIT MUST BE MADE IN WRITING, TO DESIGNATE THE CONTENTS OF THE WRITTEN REQUEST, TO REQUIRE THAT THE REQUEST BE PUBLISHED ON THE SENATE'S INTERNET WEBSITE, AND TO PROVIDE NECESSARY DEFINITIONS.
l:\s-res\asm\005earm.kmm.asm.docx

The Senate Resolution was introduced and referred to the Committee on Rules.

S. 336 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-7-30 OF THE 1976 CODE, RELATING TO GENERATING UNIFORM


Printed Page 147 . . . . . Tuesday, January 11, 2011

TRAFFIC CITATIONS WITH AN ELECTRONIC DEVICE, TO REQUIRE THAT A COPY OF THE CITATION IS HANDED DIRECTLY TO THE OFFENDER BY THE LAW ENFORCEMENT OFFICER ISSUING THE TICKET; TO AMEND CHAPTER 7, TITLE 56, RELATING TO MOTOR VEHICLE TRAFFIC TICKETS, BY ADDING SECTION 56-7-35 TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST STOP AN OWNER OR OPERATOR OF A VEHICLE TO ISSUE A TRAFFIC TICKET, TO PROVIDE THAT THE TRAFFIC TICKET MUST BE HANDED DIRECTLY TO THE OWNER OR OPERATOR OF THE VEHICLE, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY NOT MAIL OR OTHERWISE SEND A TRAFFIC TICKET TO AN OFFENDER, TO PROVIDE THAT A TRAFFIC TICKET CANNOT BE ISSUED BASED IN WHOLE OR IN PART UPON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS ATTENDED OR UNATTENDED, AND TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO TOLL COLLECTION; TO AMEND SECTION 56-5-710, RELATING TO THE POWER OF LOCAL AUTHORITIES CONCERNING TRAFFIC LAWS, TO PROVIDE THAT A TRAFFIC TICKET CANNOT BE ISSUED BASED IN WHOLE OR IN PART UPON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS ATTENDED OR UNATTENDED; TO AMEND SECTION 56-5-70, AS AMENDED, RELATING TO CERTAIN VEHICLE REQUIREMENTS BEING SUSPENDED DURING A STATE OF EMERGENCY, TO CLARIFY THAT UNIFORM TRAFFIC CITATIONS MAY NOT BE ISSUED IN WHOLE OR IN PART ON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER ELECTRONIC DEVICE CAPTURING THE PHOTOGRAPHIC EVIDENCE WAS ATTENDED OR UNATTENDED AT THE TIME IT CAPTURED THE PHOTOGRAPHIC EVIDENCE; AND TO DISGORGE ANY FINES COLLECTED IN VIOLATION OF SECTION 56-5-70.
l:\s-res\lkg\012ridg.kmm.lkg.docx

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

S. 337 (Word version) -- Senator Coleman: A BILL TO AMEND ACT 525 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE CHESTER COUNTY COUNCIL AND THE


Printed Page 148 . . . . . Tuesday, January 11, 2011

CHESTER COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO REVISE THE DATE BY WHICH A PERSON SHALL FILE A STATEMENT OF CANDIDACY IN ORDER TO RUN FOR A SEAT ON THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES.
l:\council\bills\nbd\11073bh11.docx

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

S. 338 (Word version) -- Senators Courson, McConnell, Land, Peeler, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEMORATE FEBRUARY 6, 2011, AS "RONALD REAGAN DAY".
l:\s-res\jec\001reag.mrh.jec.docx

On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was adopted and ordered sent to the House.

S. 339 (Word version) -- Senators Scott, Courson, Jackson and Lourie: A SENATE RESOLUTION TO HONOR AND COMMEND STATE SUPERINTENDENT OF EDUCATION JIM REX FOR NAVIGATING SOUTH CAROLINA'S PUBLIC SCHOOLS THROUGH SOME OF THEIR MOST CHALLENGING TIMES.
l:\s-res\js\001jimr.mrh.js.docx

On motion of Senator COURSON, with unanimous consent, the Senate Resolution was adopted.

REPORTS OF STANDING COMMITTEES
Invitations Accepted

The following invitations were polled favorably from the Invitations Committee and the members voted as follows:


Printed Page 149 . . . . . Tuesday, January 11, 2011

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Alexander                 Campsen                   Cromer
Elliott                   Ford                      Knotts
Malloy                    McGill                    O'Dell
Reese                     Verdin

Total--11

NAYS

Total--0

Tuesday, January 11, 2011 - 6:00 p.m. - 7:30 p.m.
Members of the Senate, Reception, Columbia Marriott Hotel, by the SC BANKERS ASSOCIATION -- cancelled due to inclement weather.

Thursday, January 13, 2011 - 8:00 a.m. - 10:00 a.m.
Members of the Senate, Breakfast, Room 112 of the Blatt Building, by the SC BROADCASTERS ASSOCIATION

Tuesday, January 18, 2011 - 6:00 p.m. - 8:30 p.m.
Members of the Senate and Staff, Reception, Columbia Museum of Art, by the SC TELECOMMUNICATIONS ASSOCIATION

Tuesday, January 18, 2011 - 7:00 p.m. - 9:00 p.m.
Members of the Senate and Staff, Reception, Clarion Hotel, by the JOHN DE LA HOWE SCHOOL FOUNDATION, INC.

Wednesday, January 19, 2011 - 8:00 a.m. - 10:00 a.m.
Members of the Senate and Staff, Breakfast, Room 112 of the Blatt Building, by the SC HIGH SCHOOL LEAGUE

Wednesday, January 19, 2011 - 12:00 - 2:00 p.m.
Members of the Senate, Luncheon, Room 112 of the Blatt Building, by the SC LEGISLATIVE SPORTSMEN'S CAUCUS


Printed Page 150 . . . . . Tuesday, January 11, 2011

Wednesday, January 19, 2011 - 6:00 p.m. - 8:00 p.m.
Members of the Senate and Staff, Reception, Hilton Columbia Center HILTON COLUMBIA CENTER, RUTH'S CHRIS STEAK HOUSE AND HAMPTON INN HISTORIC DISTRICT

Thursday, January 20, 2011 - 8:00 a.m. - 10:00 a.m.
Members of the Senate and Staff, Breakfast, Room 112 of the Blatt Building, by the SC CHILDREN'S HOSPITAL COLLABORATIVE

Tuesday, January 25, 2011 - 6:00 p.m. - 8:00 p.m.
Members of the Senate, Reception, Clarion Hotel, by the AMERICAN COUNCIL OF ENGINEERING COMPANIES OF SC, SC SOCIETY OF PROFESSIONAL ENGINEERS AND AMERICAN SOCIETY OF CIVIL ENGINEERING, SC SECTION

Tuesday, January 25, 2011 - 6:00 p.m.
Members of the Senate, David H. Wilkins Legislative and Civic Awards Dinner, by THE RILEY INSTITUTE AT FURMAN

Wednesday, January 26, 2011 - 8:00 a.m. - 10:00 a.m.
Members of the Senate and Staff, Breakfast, Room 112 of the Blatt Building, by the SC ASSOCIATION OF NURSE ANESTHETISTS

Wednesday, January 26, 2011 - 12:00 - 2:00 p.m.
Members of the Senate, Luncheon, Room 112 of the Blatt Building, by the SC CONSORTIUM FOR GIFTED EDUCATION

Wednesday, January 26, 2011 - 6:00 p.m. - 8:00 p.m.
Members of the Senate and Staff, Oyster Roast and Frogmore Stew, Clarion Hotel, by the CLARION HOTEL

Wednesday, January 26, 2011 - 6:00 p.m. - 8:00 p.m.
Members of the Senate, Reception, Columbia Metropolitan Convention Center, by the SC CHAMBER OF COMMERCE

Thursday, January 27, 2011 - 8:00 a.m. - 10:00 a.m.
Members of the Senate, Breakfast, Room 112 of the Blatt Building, by the SC ASSOCIATION OF SCHOOL NURSES


Printed Page 151 . . . . . Tuesday, January 11, 2011

MOTION ADOPTED

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate stands adjourned, it stand adjourned to meet on Wednesday, January 12, 2011, at 10:30 A.M. and that the only orders of business to be taken up, time permitting, will be the Invocation, Pledge of Allegiance, Communications, and the Introduction of Bills and Resolutions, and,

further, no unanimous consent requests will be considered and, when the time arrives for the Inauguration Proceedings, the Senate would recede from business and, upon the conclusion of the Inauguration Proceedings, the Senate would stand adjourned.

MOTION ADOPTED

On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Benjamin Byers II, 13, of Lake City, S.C.

and

MOTION ADOPTED

On motion of Senators LARRY MARTIN and ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. C. Roy Collins of Central, S.C., former Pickens County Supervisor and past member of Pickens County Council, devoted husband, father and grandfather, and creator of Collins Ole Town in Central, S.C., who died on January 6, 2011.

ADJOURNMENT

At 5:48 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:30 A.M.

* * *

This web page was last updated on Wednesday, November 23, 2011 at 11:05 A.M.