South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Tuesday, January 31, 2006
(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:

Beloved, hear the glad tidings in Psalm 115:16:

"The Heaven, even the Heavens, are the Lord's;

But the earth He has given to the children of man."
Let us pray.

Our Father, we know that the world produces enough food to feed every person on earth. It is human disability that keeps us from distributing it to all the hungry of the world.

God bless America with a stronger and steadier faith that the vision of a world of justice and peace may become a reality in our time - led by America the Beautiful!

Perhaps it can begin with us!
Amen!

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2006, and to expire July 1, 2008

Four Year Institutions, Ex-Officio:

Col. John T. Bowden, Jr., 3982 Creekmore Dr., Orangeburg, S.C. 29118 VICE Larry Durham

Referred to the Committee on Education.

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2004, and to expire April 1, 2009

At-Large:

Swain E. Whitfield, 111 Howell Rd., Blythewood, S.C. 29016 VICE Cordes Seabrook

Referred to the Committee on Education.

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2006, and to expire July 1, 2010

3rd Congressional District:

Stephen L. Davis, Davis & Floyd, Inc., P. O. Box 428, Greenwood, S.C. 29648

Referred to the Committee on Fish, Game and Forestry.

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2006, and to expire July 1, 2010

5th Congressional District:

Frank Murray, Jr., 558 Christopher Lane, Chester, S.C. 29706

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 2003, and to expire August 1, 2008

Physician:

Dr. Allison L. Harvey, 532 Water Garden Court, Irmo, S.C. 29063 VICE H. Gratin Smith

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2005, and to expire June 30, 2010

At-Large:

Susan McWilliams, Post Office Drawer 2426, Columbia, S.C. 29202 VICE Flynn Thomas Harrell

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 2003, and to expire June 1, 2007

3rd Congressional District:

Tim W. Roberts, P. O. Box 393, Anderson, S.C. 29622-0393 VICE Oscar Molin

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Medical Examiners, with term to commence December 31, 2005, and to expire December 31, 2009

3rd Congressional District:

Dr. John David de Holl, AnMed Health Administration, 800 North Fant Street, Anderson, S.C. 29622 VICE Anthony Todd Crowe

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2002, and to expire June 30, 2006

6th Congressional District:

Audrey Ingle Horne, 110 Bryant Street, St. George, S.C. 29477 VICE J. Lewis Stephens

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Podiatry Examiners, with term to commence March 1, 2006, and to expire March 1, 2008

Podiatrist - Lower District:

Paul J. Shromoff, Lowcountry Family Podiatry, PA, 9313 Medical Plaza Dr., Suite 301, North Charleston, S.C. 29406, VICE Richard Webber

Referred to the Committee on Medical Affairs.

Leave of Absence

On motion of Senator McCONNELL, at 12:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for the week.

Doctor of the Day

Senator LEATHERMAN introduced Dr. Bill Hester of Florence, S.C., Doctor of the Day.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

S. 1021--CO-SPONSOR ADDED

S. 1021 (Word version) -- Senators Grooms and Mescher: A BILL TO REQUIRE A SPECIAL CALCULATION OF THE ROLLBACK PROPERTY TAX MILLAGE IMPOSED FOR SCHOOL OPERATIONS IN BERKELEY COUNTY IN LIEU OF THE ROLLBACK MILLAGE CALCULATED IN THE MANNER PROVIDED BY GENERAL LAW.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 1021.

S. 1025--CO-SPONSOR ADDED

S. 1025 (Word version) -- Senator Grooms: A BILL TO REQUIRE A SPECIAL CALCULATION OF THE ROLLBACK PROPERTY TAX MILLAGE IMPOSED FOR SCHOOL OPERATIONS IN CHARLESTON COUNTY IN LIEU OF THE ROLLBACK MILLAGE CALCULATED IN THE MANNER PROVIDED BY GENERAL LAW.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 1025.

Motion to Ratify Adopted

At 11:43 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 1:10 P.M.

There was no objection and a message was sent to the House accordingly.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1091 (Word version) -- Senators Martin and Alexander: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 22, 2006, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICIALS IN OUR STATE.
l:\s-res\lam\020home.mrh.doc

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

S. 1092 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF SERGEANT ANDREW JOSEPH DERRICK OF COLUMBIA, WHILE SERVING HIS COUNTRY IN IRAQ, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\council\bills\nbd\11939ac06.doc

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

S. 1093 (Word version) -- Senators Hayes and Hawkins: A BILL TO AMEND ARTICLE 6, CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ONE-HALF TUITION FOR MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE FOR A FULL TUITION EXEMPTION FOR CERTAIN MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD PURSUANT TO CERTAIN CONDITIONS AND TO DEFINE TUITION.
l:\council\bills\gjk\20752sd06.doc

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

S. 1094 (Word version) -- Senators Leatherman, Alexander and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-370 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND COMMISSION OFFICERS AND MANAGEMENT EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FOR A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE COMMISSION IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE RETIREMENT SYSTEM INVESTMENT COMMISSION WITH RESPECT TO THE VARIOUS STATE RETIREMENT SYSTEMS AND INVESTMENTS ALLOWED FOR THE FUNDS OF THESE SYSTEMS, SO AS TO PROVIDE FOR ADDITIONAL INVESTMENTS; TO AMEND SECTION 9-1-1340, AS AMENDED, RELATING TO CONFLICT OF INTEREST PROVISIONS WITH RESPECT TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO CONFORM THE PROVISIONS TO THE NATIONAL GUARD RETIREMENT SYSTEM; TO AMEND SECTION 9-10-60, RELATING TO STATE BUDGET AND CONTROL BOARD'S RESPONSIBILITIES WITH RESPECT TO THE NATIONAL GUARD RETIREMENT SYSTEM AND CONFLICT OF INTEREST PROVISIONS FOR THAT SYSTEM, SO AS TO CONFORM THESE RESPONSIBILITIES TO THE MANNER OF OPERATION OF THE OTHER STATE RETIREMENT SYSTEMS AND TO DELETE REDUNDANT PROVISIONS; TO AMEND SECTION 9-16-360, RELATING TO STANDARDS OF CONDUCT FOR FIDUCIARIES WITH RESPECT TO THE STATE RETIREMENT SYSTEMS, SO AS FURTHER TO DEFINE "INDIRECT INTEREST" AND TO ALLOW THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO WAIVE THESE STANDARDS BY CONTRACT WITH CERTAIN FIDUCIARIES.
l:\council\bills\bbm\9120htc06.doc

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

S. 1095 (Word version) -- Senator Land: A BILL TO AMEND SECTION 50-16-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF RELEASING OR TRANSPORTING PIGS FOR HUNTING OR ESTABLISHING A FREE ROAMING POPULATION OF PIGS, SO AS TO PROVIDE THAT THIS OFFENSE DOES NOT APPLY WHEN PIGS ARE CAPTURED AND TRANSPORTED SOLELY FOR RELEASE INTO A CONTROLLED AND CONTAINED ENVIRONMENT.
l:\council\bills\bbm\9176htc06.doc

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

S. 1096 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT ON JANUARY 1, 2009.
l:\council\bills\ms\7092ahb06.doc

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

S. 1097 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2006.
l:\council\bills\ms\7094ahb06.doc

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

S. 1098 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO ADD THE PERGAMOS VOTING PRECINCT IN WILLIAMSBURG COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THE AFFECTED PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
l:\council\bills\bbm\9155htc06.doc

Read the first time and, on motion of Senator McGILL, with unanimous consent, ordered placed on the Calendar without reference.

S. 1098--Ordered to a Second and Third Reading

On motion of Senator McGILL, with unanimous consent, S. 1098 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1099 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO WARTIME DISABLED VETERANS, SO AS TO PROVIDE THAT A CERTIFICATE SIGNED BY THE COUNTY VETERANS AFFAIRS OFFICER THAT CERTIFIES A VETERAN'S DISABILITY MAY BE SUBMITTED TO THE DEPARTMENT OF MOTOR VEHICLES TO SATISFY ITS REQUIREMENTS FOR THE ISSUANCE OF THE SPECIAL LICENSE PLATE, TO LIMIT THE NUMBER OF SPECIAL LICENSE PLATES THAT MAY BE ISSUED TO A VETERAN, TO PROVIDE THAT A HOLDER OF A SPECIAL LICENSE PLATE MUST PROVIDE A NEW CERTIFICATION OF HIS DISABILITY AT THE TIME A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, AND TO PROVIDE THAT WHEN A NEW SPECIAL LICENSE PLATE IS ISSUED OR THE SPECIAL LICENSE PLATE IS TRANSFERRED, A SURVIVING SPOUSE MUST CERTIFY THAT THE SPOUSE HAS NOT REMARRIED.
l:\council\bills\swb\6679cm06.doc

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

S. 1100 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTIONS 56-15-350, 56-16-180, AND 56-19-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, AND AN APPLICATION FOR A CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, SO AS TO REVISE A REFERENCE TO A PROVISION OF FEDERAL LAW.
l:\council\bills\swb\6683cm06.doc

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

S. 1101 (Word version) -- Senator Bryant: A BILL TO PROVIDE THAT, IN ANDERSON COUNTY, ANY REFERENDUM HELD BY A LOCAL TAXING AUTHORITY TO SEEK APPROVAL FOR AN INCREASE IN MILLAGE RATES, TO ISSUE BONDS, OR FOR ANY OTHER REVENUE RAISING MEASURE MUST BE HELD IN EVEN NUMBERED YEARS AT THE TIME OF THE GENERAL ELECTION.
l:\s-res\klb\005andr.kmm.doc

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

S. 1101--Ordered to a Second and Third Reading

On motion of Senator BRYANT, S. 1101 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3166 (Word version) -- Reps. Taylor, Leach, Vaughn, Bailey, Scarborough and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-53 SO AS TO REQUIRE THE EXECUTIVE COMMITTEE OF A POLITICAL PARTY TO NAME A REPLACEMENT CANDIDATE AS SOON AS POSSIBLE AND TO PROVIDE IF THE REPLACEMENT CANDIDATE IS NOT NAMED WITHIN THIRTY DAYS, THE PARTY IS PROHIBITED FROM NAMING A REPLACEMENT CANDIDATE FOR THAT OFFICE.

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

H. 3594 (Word version) -- Reps. Hagood, Altman, Battle, Delleney, Littlejohn, Scarborough and G. R. Smith: A BILL TO AMEND SECTION 4-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR THE COMMENCEMENT OF TERMS OF COUNTY OFFICERS, SO AS TO CLARIFY WHEN THE TERMS OF OFFICE BEGIN AND END AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO THOSE OFFICERS WHOSE TERMS OF OFFICE ARE SET BY ANOTHER PROVISION OF LAW.

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

H. 4328 (Word version) -- Reps. Walker, Townsend, Anthony, Clark, J. Hines, J. H. Neal, Owens, E. H. Pitts, D. C. Smith, M. A. Pitts, Bailey, Littlejohn, Clyburn, Toole, Bannister and Loftis: A BILL TO PROVIDE FOR THE BUDGET AND CONTROL BOARD TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURPOSE OF CONDUCTING A STUDY TO DETERMINE THE FEASIBILITY AND COST OF CONVERTING THE STATE ASSESSMENT PROGRAM TO A COMPUTER-BASED OR COMPUTER-ADAPTIVE FORMAT; TO AMEND SECTIONS 59-18-120, 59-18-310, AS AMENDED, 59-18-320, 59-18-330, 59-18-340, AND 59-18-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EDUCATION ACCOUNTABILITY ACT AND THE ADOPTION OF EDUCATIONAL STANDARDS AND ASSESSMENT PROGRAMS, SO AS TO FURTHER DEFINE CERTAIN TERMS, TO PROVIDE FOR THE CREATION OF A STATEWIDE ADOPTION LIST OF FORMATIVE ASSESSMENTS THAT PROVIDE DIAGNOSTIC INFORMATION TO SCHOOL DISTRICTS, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT A DEVELOPMENTALLY APPROPRIATE FORMATIVE READING ASSESSMENT FOR FIRST AND SECOND GRADES, TO PROVIDE FOR PROFESSIONAL DEVELOPMENT FOR ASSESSMENTS, TO PROVIDE FOR CERTAIN ANNUAL SCIENCE AND SOCIAL STUDIES ASSESSMENTS, TO PROVIDE FOR A TASK FORCE TO RECOMMEND ALTERNATIVE EVIDENCE AND PROCEDURES FOR GRADUATION REQUIREMENTS PURSUANT TO CERTAIN CIRCUMSTANCES, TO PROVIDE FOR CONTINUING TEACHER TRAINING TO ENSURE THE VALID AND RELIABLE USE OF ASSESSMENTS, TO PROVIDE THAT THE READINESS ASSESSMENT MUST BE MODIFIED TO PROVIDE INFORMATION ON STUDENT LITERACY DEVELOPMENT, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADMINISTER ANNUALLY THE NATIONAL ASSESSMENT OF EDUCATION PROGRESS TO OBTAIN AN INDICATION OF STUDENT PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL CONVENE ANNUALLY ITS TEAM OF CURRICULUM EXPERTS TO ANALYZE THE RESULTS OF THE ASSESSMENTS; TO AMEND SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TEST TO END-OF-YEAR ASSESSMENT; TO AMEND SECTION 59-28-200, RELATING TO THE DEVELOPMENT OF INFORMATIONAL MATERIALS, SO AS TO CHANGE A REFERENCE FROM THE PALMETTO ACHIEVEMENT CHALLENGE TESTS TO STATEWIDE ASSESSMENTS; AND TO REPEAL CHAPTER 30 OF TITLE 59 RELATING TO THE BASIC SKILLS ASSESSMENT PROGRAM.

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

H. 4331 (Word version) -- Reps. Scarborough, Brady, Vaughn, Altman and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-13 SO AS TO PROHIBIT A PERSON FROM ACCEPTING MORE THAN ONE NOMINATION FOR THE SAME OFFICE.

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

H. 4387 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-137 SO AS TO REQUIRE AN ELECTED OR APPOINTED MEMBER OF A POLITICAL SUBDIVISION OF THIS STATE BE PHYSICALLY PRESENT AT A MEETING WHEN HIS VOTE IS CAST.

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

H. 4404 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 31, TITLE 5 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 9 TO CHAPTER 49, TITLE 33 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; BY ADDING ARTICLE 19 TO CHAPTER 27, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC AND NATURAL GAS CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY; AND BY ADDING ARTICLE 5 TO CHAPTER 31, TITLE 58 SO AS TO PROVIDE FOR SAFETY NET PROGRAMS AND POLICIES FOR CERTAIN ELECTRIC CUSTOMERS TO ENSURE THAT THEIR UTILITY SERVICES ARE PROTECTED FROM TERMINATION DURING EXTREME WEATHER CONDITIONS AND PROVIDE THAT A PUBLIC UTILITY MAY DISCONNECT A SPECIAL NEEDS CONSUMER WHEN DIRECTED BY FIRE OR LAW ENFORCEMENT PERSONNEL IN AN EMERGENCY.

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

H. 4470 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 78 AND UNITED STATES HIGHWAY 15 IN THE CITY OF ST. GEORGE THE "NELL BENNETT INTERCHANGE", AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "NELL BENNETT INTERCHANGE".

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

H. 4476 (Word version) -- Reps. Simrill, Delleney, Kirsh, Lucas, McCraw, Moody-Lawrence, J. M. Neal, Norman and Funderburk: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE INTERBASIN TRANSFER REQUEST BY THE CITIES OF CONCORD AND KANNAPOLIS, NORTH CAROLINA, TO REMOVE WATER FROM THE CATAWBA RIVER BASIN.

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

H. 4480 (Word version) -- Reps. Brady, Cotty, Bales, Ballentine, J. Brown, Harrison, Howard, J. H. Neal, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND CLEMSON ROAD IN RICHLAND COUNTY THE "JOHN DAVID MONROE, SR. INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN DAVID MONROE, SR. INTERCHANGE".

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

H. 4485 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE BOARD OF FIRE CONTROL FROM TWENTY THOUSAND DOLLARS TO THREE HUNDRED THOUSAND DOLLARS.

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

H. 4494 (Word version) -- Reps. Hosey and Rhoad: A BILL TO CREATE THE BARNWELL COUNTY BOARD OF ELECTION AND REGISTRATION AND TO ABOLISH THE BARNWELL COUNTY BOARD OF VOTER REGISTRATION AND THE BARNWELL COUNTY ELECTION COMMISSION.

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

H. 4524 (Word version) -- Rep. Skelton: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MANY MUNICIPAL OFFICIALS OF THE STATE OF SOUTH CAROLINA FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE COMMUNITIES THEY SERVE AND TO DECLARE WEDNESDAY, FEBRUARY 22, 2006, "SOUTH CAROLINA HOMETOWN DAY" IN REMEMBRANCE OF ALL THEY HAVE DONE.

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

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

CARRIED OVER

S. 1088 (Word version) -- Senators Moore, Ryberg and Setzler: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE AND RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Senator MOORE explained the Bill.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

READ THE THIRD TIME
RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3010 (Word version) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.

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

Senator LEVENTIS spoke on the Bill.

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

Recorded Vote

Senators FORD, LEVENTIS, ANDERSON and WILLIAMS desired to be recorded as voting against the third reading of the Bill.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to recede subject to the Ratification of Acts and immediately following the Ratification of Acts, the Senate would stand adjourned.

RECESS

At 12:49 P.M., on motion of Senator McCONNELL, the Senate receded from business subject to the Ratification of Acts.

At 1:09 P.M., the Senate resumed.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on January 31, 2006, at 1:10 P.M. and the following Acts and Joint Resolutions were ratified:

(R210, S. 185 (Word version)) -- Senators Martin, McConnell, Alexander, Ford, Bryant and Knotts: AN ACT TO AMEND SECTION 7-13-1340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; AND TO AMEND SECTION 7-13-320, AS AMENDED, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COMBINING THE OFFICIAL BALLOT FOR PRESIDENTIAL ELECTORS WITH ANY OTHER OFFICIAL BALLOTS.
L:\COUNCIL\ACTS\185DW06.DOC

(R211, S. 578 (Word version)) -- Senators Martin and Ford: AN ACT TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT COMPUTER SOFTWARE EMPLOYED FOR THIS PURPOSE MUST BE DESIGNED SO AS TO ENSURE A RANDOM SELECTION OF JURORS FROM THE POPULATION AVAILABLE FOR JURY DUTY, TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 14-7-230, RELATING TO PROCEDURE FOR DRAWING A JUROR, SO AS DELETE THE REQUIREMENT THAT IT BE ACCOMPLISHED WITH EITHER A PERSON WHO IS TOTALLY BLIND OR BY A CHILD UNDER THE AGE OF TEN YEARS OLD, AND TO AUTHORIZE THE CLERK OF COURT TO DESIGNATE A RESPONSIBLE AND IMPARTIAL PERSON OR BY COMPUTER SUBJECT TO THE PROVISIONS OF SECTION 14-7-140; AND TO AMEND SECTION 14-7-1060, RELATING TO CLERK OF COURT WRITING THE NAMES OF JURORS ON SEPARATE PIECES OF PAPER, SO AS TO PROVIDE THAT THIS PROCEDURE IS NOT REQUIRED IF A COMPUTER IS USED TO DRAW THE NAMES OF JURORS, TO DELETE THE REQUIREMENT THAT A CHILD UNDER THE AGE OF TEN OR A BLIND PERSON BE USED TO DRAW A JURY, AND TO AUTHORIZE THE CLERK, WITH THE APPROVAL OF THE PRESIDING JUDGE, TO DESIGNATE A RESPONSIBLE AND IMPARTIAL PERSON TO DRAW CAPSULES TO SELECT THE JURORS.
L:\COUNCIL\ACTS\578DW06.DOC

(R212, S. 839 (Word version)) -- Senators McConnell, Ford, Campsen and Grooms: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF CHARLESTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC REFERENCES.
L:\COUNCIL\ACTS\839DW06.DOC

(R213, S. 868 (Word version)) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO RECOGNITION OF THE 2001 CSO MORTALITY TABLE FOR USE IN DETERMINING MINIMUM RESERVE LIABILITIES AND NONFORFEITURE BENEFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2978, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\868AC06.DOC

(R214, S. 965 (Word version)) -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO RETURN ALL SET-ASIDES COLLECTED FROM BLIND VENDORS PURSUANT TO SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT.
L:\COUNCIL\ACTS\965SJ06.DOC

(R215, S. 1023 (Word version)) -- Senator Hayes: AN ACT TO AMEND ACT 214 OF 2005, AS AMENDED, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SCHOOL BOARD OF TRUSTEES OF YORK SCHOOL DISTRICT 1 OF YORK COUNTY ARE ELECTED, SO AS TO CHANGE THE DATES ON WHICH THE ELECTION IS CONDUCTED.
L:\COUNCIL\ACTS\1023DW06.DOC

(R216, H. 3895 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE REGULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2955, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\3895AC06.DOC

(R217, H. 4142 (Word version)) -- Rep. Clyburn: AN ACT TO AMEND ACT 595 OF 1992, RELATING TO THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SEVEN SINGLE-MEMBER DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED.
L:\COUNCIL\ACTS\4142SJ05.DOC

(R218, H. 4188 (Word version)) -- Reps. Townsend, Agnew, Cooper, Martin, Thompson and White: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
L:\COUNCIL\ACTS\4188DW06.DOC

(R219, H. 4221 (Word version)) -- Rep. Miller: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-35 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN GEORGETOWN COUNTY IN CERTAIN PORTIONS OF MURRELL'S INLET CREEK WITHIN ONE HUNDRED YARDS OF A RESIDENCE OR BUSINESS WITHOUT WRITTEN PERMISSION.
L:\COUNCIL\ACTS\4221MM06.DOC

(R220, H. 4394 (Word version)) -- Reps. W.D. Smith, Littlejohn, Mitchell, Mahaffey, Talley, Walker and Sinclair: AN ACT TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED BY IT AS THE SPARTANBURG COMMUNITY COLLEGE.
L:\COUNCIL\ACTS\4394SD06.DOC

(R221, H. 4422 (Word version)) -- Reps. Jennings, Witherspoon, Battle, Hayes, Branham, Clemmons, J. Hines, M. Hines, Lucas, Miller, Neilson, Viers, Coates, McGee, Anderson, Vick, McLeod, Kennedy, Hodges, Ott, Jefferson and Clyburn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-618 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY IMPOSE AND COLLECT A TOLL ALONG THE PROPOSED INTERSTATE 73 UPON COMPLETION OF THIS HIGHWAY PROJECT TO BE USED TO PAY FOR THE COST OF PLANNING, RIGHT-OF-WAY ACQUISITIONS, FINANCING, CONSTRUCTION, OPERATION, AND OTHER EXPENSES ASSOCIATED WITH THIS PROJECT, AND FOR THE REMOVAL OF THE TOLLS UPON PAYMENT OF ALL SUCH COSTS, AND TO PROVIDE THAT THIS TOLL MUST NOT BE IMPOSED UPON A STATE-OWNED OR DISTRICT-OWNED SCHOOL BUS.
L:\COUNCIL\ACTS\4422CM06.DOC

MOTION ADOPTED

On motion of Senators LEVENTIS, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LOURIE, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Coretta Scott King of Atlanta, GA., widow of the Rev. Martin Luther King, Jr. and mother of four children. She was instrumental in having a national holiday declared in her husband's honor.

ADJOURNMENT

At 1:18 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

* * *

This web page was last updated on Wednesday, June 24, 2009 at 1:08 P.M.