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

Thursday, April 19, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

In the first Chapter of Genesis we read:

"God saw all that he had made, and it was very good. And there was evening, and there was morning-the sixth day."         (Genesis 1:31)

Please, bow with me in prayer:

Your entire creation continues to astound us and to bless us, O God. As we hike along mountain trails, kayak our pleasing rivers, stroll down neighborhood streets, bask in sunlight along the coast, we take in the beautiful places that are a part of this State we love. Lead us always, dear Lord, to honor all that You have made by being wise and diligent caregivers of the world that surrounds us.

In addition, God, bless those who are serving in our Armed Forces in places far away and here at home. Preserve and strengthen all of Your servants in this Senate Chamber, in this governmental complex. As You see all that we ultimately accomplish here, Lord, may You again give Your judgment: that it is very good. And to You, Lord, be the glory.
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:

Local Appointments

Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Janice Y. Simmons, 262 Mallard Road, Summerville, S.C. 29483 VICE Darrell Middleton

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

Hon. Elaine C. Elliott, 3613 Old Pee Dee Road, Hemingway, S.C. 29554

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

Hon. Isaac L. Pyatt, P. O. Box 807, Georgetown, S.C. 29442

Doctor of the Day

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

Leave of Absence

At 11:45 A.M., Senator KNOTTS requested a leave of absence until 1:15 P.M. today.

Leave of Absence

At 12:15 P.M., Senator VAUGHN requested a leave of absence from 12:00 - 2:00 p.m. on Tuesday, April 24, 2007.

S. 465 (Word version) -- Senators Ritchie, Fair, Leventis, Martin, Alexander, Campsen, Knotts, Ford, Anderson, Sheheen, Patterson, Williams, McConnell, Bryant, Cromer, Leatherman, Vaughn, Cleary, Land, O'Dell, Peeler, Reese, Thomas, Hayes, McGill, Verdin, Elliott, Rankin and Hawkins: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.

On motion of Senator SHORT, with unanimous consent, the name of Senator SHORT was added as a co-sponsor of S. 465.

Expression of Personal Interest

Senator COURSON rose for an Expression of Personal Interest.

RECALLED

S. 609 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND 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 PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

RECALLED

S. 576 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD 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.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 690 (Word version) -- Senator Drummond: A SENATE RESOLUTION TO CONGRATULATE GREENWOOD COUNTY'S NINETY SIX HIGH SCHOOL MARCHING BAND ON CAPTURING THE 2006 SOUTH CAROLINA CLASS A STATE MARCHING BAND CHAMPIONSHIP TITLE.
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S. 691 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING FOR SALE CARCASSES OR PARTS OF WILD RABBITS IN GAME ZONES 2 AND 4, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE AND TO INCREASE THE PENALTY TO A MAXIMUM OF FIVE HUNDRED DOLLARS; BY ADDING SECTION 50-11-300 SO AS TO DESIGNATE WHICH SPECIES CONSTITUTE BIG GAME; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO THE STUDY OF GAME ZONES RESTOCKED WITH WILD TURKEYS AND THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO SET OPEN AND CLOSED SEASONS ON MALE WILD TURKEYS, SO AS TO ALSO ENABLE THE DEPARTMENT TO SET OTHER OPEN AND CLOSED SEASONS; TO AMEND SECTION 50-11-565, AS AMENDED, RELATING TO THE USE OF CROSS BOWS, SO AS TO STRIKE THE ENTIRE SECTION AND PROVIDE A DEFINITION OF ARCHERY EQUIPMENT AS USED IN THIS TITLE; TO AMEND SECTION 50-13-385, RELATING TO THE MINIMUM SIZE OF LARGEMOUTH BASS FROM LAKES MARION, MOULTRIE, AND WYLIE THAT A PERSON MAY TAKE OR POSSESS, SO AS TO INCLUDE ALL OF LAKE WYLIE INSTEAD OF THE PORTION OF LAKE WYLIE LOCATED IN YORK COUNTY AND IN GAME ZONE 4; TO AMEND SECTION 50-11-708, AS AMENDED, RELATING TO THE USE OF ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE THAT A LESSEE MAY USE ARTIFICIAL LIGHTS TO PROTECT HIS PROPERTY; TO AMEND SECTION 50-21-125, AS AMENDED, RELATING TO RESTRICTIONS ON SWIMMING NEAR A PUBLIC BOAT LANDING OR RAMP IN THE VICINITY OF A HYDROELECTRIC GENERATION UTILITY AND THE ESTABLISHMENT OF A NO WAKE ZONE, SO AS TO ELIMINATE THE REQUIREMENT THAT THE DEPARTMENT SHALL ISSUE AND POST SIGNS IN THE NO WAKE ZONE INFORMING THE PUBLIC OF THE NO WAKE ZONE; TO AMEND SECTION 50-21-180, AS AMENDED, RELATING TO THE PROHIBITION OF RIDING SURFBOARDS NEAR FISHING PIERS IN GAME ZONE 7 AND GEORGETOWN COUNTY, SO AS TO MAKE SUCH CONDUCT UNLAWFUL STATEWIDE; TO REPEAL SECTION 50-3-360 RELATING TO ADDITIONAL DEPUTY ENFORCEMENT OFFICERS FOR GAME ZONE 2; TO REPEAL SECTION 50-11-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING; TO REPEAL SECTION 50-11-550 RELATING TO THE UNLAWFUL DISCHARGE OF A WEAPON OTHER THAN A SHOTGUN DURING CERTAIN TIMES OF YEAR IN CERTAIN AREAS; TO REPEAL SECTION 50-13-20 RELATING TO LAWFUL METHODS OF CATCHING FISH IN CERTAIN LAKES AND BOYD'S MILL POND IN GAME ZONE 2; TO REPEAL SECTION 50-13-65 RELATING TO AUTHORIZATION OF CLOSED SEASON ON STREAMS IN GAME ZONE 1; TO REPEAL SECTION 50-13-90 RELATING TO CLOSED SEASON ON TROUT; TO REPEAL SECTION 50-13-980 RELATING TO PRESUMPTION FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; TO REPEAL SECTION 50-13-1010 RELATING TO THE APPLICATION OF PROVISIONS IN ARTICLE 6; TO REPEAL SECTION 50-13-1020 AND CERTAIN DEFINITIONS; TO REPEAL SECTION 50-19-2220 RELATING TO CERTAIN WATERS OF THE SAVANNAH RIVER; TO REPEAL SECTION 50-19-2230 RELATING TO AMENDMENTS AND ADDITIONS TO FISHING REGULATIONS IN CERTAIN WATERS OF THE SAVANNAH RIVER; AND TO REPEAL SECTION 50-19-3010 RELATING TO LAWFUL METHODS FOR CATCHING FISH IN FAIRFOREST CREEK IN UNION AND SPARTANBURG COUNTIES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 692 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 44-96-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PACKAGING AND PLASTICS IN CONNECTION WITH SOLID WASTE MANAGEMENT, SO AS TO REQUIRE THAT PLASTIC BAGS PROVIDED BY A RETAILER MUST BE DEGRADABLE, BEGINNING IN 2012.
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Read the first time and referred to the Committee on Medical Affairs.

S. 693 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-47-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 40-47-32, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 40-47-35, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.
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Read the first time and referred to the Committee on Medical Affairs.

S. 694 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 56-1-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "MOPED", SO AS TO DELETE THE PROVISION THAT ESTABLISHES A MOPED'S MAXIMUM HORSEPOWER, AND TO INCREASE THE MAXIMUM SPEED THAT A MOPED MAY ATTAIN; AND TO AMEND SECTION 56-15-310, RELATING TO THE LICENSING OF CERTAIN MOTOR VEHICLE DEALERS AND WHOLESALERS, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO DEALERS AND WHOLESALERS OF TWO-, THREE-, OR FOUR-WHEEL VEHICLES, EXCEPT MOTORCYCLES, WHICH ARE LEGALLY PERMITTED TO TRAVEL ALONG THE STATE'S PUBLIC HIGHWAYS.
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Read the first time and referred to the Committee on Transportation.

S. 695 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSING PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3080, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 696 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO PRACTICE OF PSYCHOLOGY-SPECIALTY DESIGNATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 697 (Word version) -- Senators Leventis, Drummond and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 52, TITLE 48 SO AS TO PROHIBIT THE SALE OF GENERAL SERVICE INCANDESCENT LIGHT BULBS IN THIS STATE AFTER DECEMBER 31, 2017, UNLESS A MANUFACTURER OF THE LIGHT BULBS CAN DEMONSTRATE TO THE STATE ENERGY OFFICE THAT THE LIGHT BULB IS THIRTY-THREE PERCENT MORE EFFICIENT THAN A LIGHT BULB AVAILABLE FOR SALE TO THE PUBLIC AFTER JUNE 30, 2007, AND BEFORE JANUARY 1, 2018, AND TO DEFINE "GENERAL SERVICE INCANDESCENT LIGHT BULB".
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Senator LEVENTIS spoke on the Bill.

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

S. 698 (Word version) -- Senators Ritchie, Ford and Cleary: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 23, 2007, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 5, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JULY 31, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2008, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES ON JUNE 30, 2014; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2009.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

H. 3134 (Word version) -- Reps. Weeks, Taylor, Cobb-Hunter, M. A. Pitts and Duncan: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT IT IS IN THE CHILD'S BEST INTEREST TO HAVE VISITATION WITH THE GRANDPARENT, THE COURT MAY ORDER SUCH VISITATION.

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

H. 3239 (Word version) -- Reps. Funderburk, Cato and Mahaffey: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ACQUIRING LAND ON WHICH TO ERECT A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN SPARTANBURG COUNTY.

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

H. 3286 (Word version) -- Reps. Crawford and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-70 SO AS TO PROVIDE FOR THE USE OF PLAIN LANGUAGE COMMUNICATIONS BY EACH STATE AND LOCAL EMERGENCY, FIRE, AND LAW ENFORCEMENT AGENCY.

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

H. 3317 (Word version) -- Reps. Walker, Hinson, Harrell, Cobb-Hunter, Weeks, Hart, F. N. Smith, Parks, Knight, Williams, Jefferson, Howard, McLeod, Mahaffey, Herbkersman and Agnew: A BILL TO AMEND ARTICLE 13, CHAPTER 43, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GIFT OF LIFE TRUST FUND, SO AS TO CHANGE THE NAME TO "DONATE LIFE SOUTH CAROLINA", AND TO ADD ARTICLE 14 TO CHAPTER 43, TITLE 44 SO AS TO ESTABLISH AN ORGAN AND TISSUE DONOR REGISTRY TO BE ADMINISTERED BY DONATE LIFE SOUTH CAROLINA; AND TO AMEND SECTION 56-1-80, RELATING TO DRIVER'S LICENSE AND PERMIT APPLICATIONS, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE ORGAN DONOR INFORMATION INDICATED ON SUCH APPLICATIONS TO DONATE LIFE SOUTH CAROLINA.

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

H. 3466 (Word version) -- Reps. Umphlett, Hinson, E. H. Pitts, Haley, Ballentine, Huggins, Vick, Agnew, Anderson, Battle, Bingham, R. Brown, Cato, Ceips, Chellis, Cobb-Hunter, Dantzler, Duncan, Funderburk, Hagood, Harvin, Herbkersman, Jefferson, Jennings, Knight, Limehouse, Lowe, Mahaffey, Merrill, Miller, Ott, Owens, Parks, Pinson, M. A. Pitts, Sandifer, Scarborough, Scott, Sellers, Simrill, Spires, Stavrinakis, Taylor, White, Whitmire, Williams, Toole, Bowen, Gullick, Hodges and Crawford: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, BY ADDING CHAPTER 30 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.

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

H. 3624 (Word version) -- Reps. Herbkersman, Cotty, Bannister, Breeland, Crawford, Duncan, Edge, Harrison, Hinson, Huggins, Jennings, Scott, G. M. Smith, Miller, Battle and Perry: A BILL TO AMEND SECTION 61-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES.

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

H. 3711 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT AUTHORITY WATER AND SEWER SYSTEM COMMISSION, TO PROVIDE THAT A COMMISSION MAY CONSIST OF NO MORE THAN ELEVEN MEMBERS, TO PROVIDE THAT A CHANGE IN THE MEMBERSHIP OF A JOINT SYSTEM IS NOT FINAL UNTIL NOTICE OF THE CHANGE IS FILED WITH THE SECRETARY OF STATE, TO PROVIDE THAT A JOINT SYSTEM MAY ENTER A CONTRACT TO SELL WATER OR PROVIDE SEWER SERVICE, AMONG OTHER THINGS; AND TO MAKE CONFORMING AND TECHNICAL CHANGES THROUGHOUT THE CHAPTER.

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

H. 3808 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Lowe: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF MILLER ROAD IN SUMTER COUNTY FROM ITS INTERSECTION WITH BROAD STREET TO ITS INTERSECTION WITH GUIGNARD DRIVE "T. L. 'LUKE' ROGERS HIGHWAY", AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "T. L. 'LUKE' ROGERS HIGHWAY".

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

H. 3845 (Word version) -- Reps. Harvin, Kennedy and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 521 IN CLARENDON COUNTY, BEGINNING AT THE SUMTER COUNTY LINE AND ENDING AT THE WILLIAMSBURG COUNTY LINE THE "JOHN C. LAND III HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION THAT CONTAIN THE WORDS "JOHN C. LAND III HIGHWAY".

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

H. 3878 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO PRACTICE OF PSYCHOLOGY-SPECIALTY DESIGNATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3895 (Word version) -- Reps. Hosey, Sellers, Anderson, Breeland, G. Brown, Clyburn, Huggins and Jennings: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CAROLINA HIGHWAY 304 IN BARNWELL COUNTY THE "ARIE BLACK GUESS HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "ARIE BLACK GUESS HIGHWAY".

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

H. 3910 (Word version) -- Reps. Chellis, Young, Harrell and Knight: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 177 ALONG INTERSTATE HIGHWAY 26 IN DORCHESTER COUNTY "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "CORPORAL PHILLIP MICHAEL DEESE MEMORIAL INTERCHANGE".

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

H. 3932 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 23, 2007, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 5, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JULY 31, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2008, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES ON JUNE 30, 2014; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2009.

On motion of Senator RITCHIE, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator ALEXANDER from the General Committee polled out H. 3694 favorable:

H. 3694 (Word version) -- Reps. White, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, Whitmire, Williams, Witherspoon and Young: A JOINT RESOLUTION TO NAME THE NEW SOUTH CAROLINA VETERANS CEMETERY IN ANDERSON COUNTY THE M. J. "DOLLY" COOPER VETERANS CEMETERY.

General Committee
Polled 16; Ayes 15; Nays 0; Not Voting 1

AYES

Alexander                 O'Dell                    Martin
Ryberg                    Elliott                   Hawkins
Knotts                    Ford                      Short
Sheheen                   Reese                     Ritchie
Lourie                    Williams                  Vaughn

Total--15

NAYS

Total--0

NOT VOTING

Total--1

Rankin

Ordered for consideration tomorrow.

Invitations Accepted

On motion of Senator KNOTTS, each of the following invitations was polled from the Committee on Invitations with a favorable report, with the respective committee members voting as shown below:

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

An invitation from the Society of Plastics to attend a reception at the Capital City Club on Tuesday, April 24, 2007, from 6:00 until 7:20 P.M.

An invitation from the SC Association of Housing Authorities to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, April 25, 2007, from 8:00 until 10:00 A.M.

An invitation from the SC Trucking Association to attend a luncheon on the State House grounds on Wednesday, April 25, 2007, from 12:00 until 2:00 P.M.

An invitation from the SC Association of Nonprofit Organizations-10th Anniversary-The Lifetime Achievement Award will be awarded (posthumously to Senator J. VERNE SMITH) to attend a reception at the Marriott Hotel on Wednesday, April 25, 2007, from 6:00 until 8:00 P.M.

An invitation from the SC Speech and Hearing Association to attend a breakfast in Room 221 Blatt Bldg. on Thursday, April 26, 2007, from 8:30 until 10:00 A.M.

An invitation from the SC Beer Wholesalers Association to attend a reception at the SCBWA office (1114 College Street) on Tuesday, May 1, 2007, from 6:00 until 8:00 P.M.

An invitation from State Farm to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, May 2, 2007, from 8:00 until 10:00 A.M.

An invitation from the SC Child Care Association to attend a luncheon in Room 221 Blatt Bldg. on Wednesday, May 2, 2007, from 12:00 until 2:00 P.M.

An invitation from the Mechanical Contractors to attend a reception at The Coop on Wednesday, May 2, 2007, from 6:00 until 8:00 P.M.

An invitation from the John De La Howe School to attend a breakfast in Room 221 Blatt Bldg. on Thursday, May 3, 2007, from 8:00 until 10:00 A.M.

An invitation from the SC Manufacturers Alliance to attend a luncheon at the Summit Club on Tuesday, May 8, 2007, at 12:45 P.M. or immediately upon adjournment.

An invitation from the Conservation Community Lobby Day to attend an oyster roast at the Seibels House and Gardens on Tuesday, May 8, 2007, from 6:00 until 8:00 P.M.

An invitation from the SC HIV/AIDS Care Crisis Task Force to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, May 9, 2007, from 8:00 until 10:00 A.M.

An invitation from the Palmetto Agriculture and Food Industry Council to attend a luncheon on the State House grounds on Wednesday, May 9, 2007, from 12:00 until 2:00 P.M.

Message from the House

Columbia, S.C., April 18, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3218 (Word version) -- Reps. Harrison, G. Brown, Thompson and Mack: A BILL TO AMEND SECTION 61-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES FOR SPECIFIC SIZED CONTAINERS THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION 61-4-1115, AS AMENDED, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

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

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

S. 175 (Word version) -- Senators Elliott and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE THAT THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION SHALL CREATE AND OPERATE A STATEWIDE FIRST RESPONDER BUILDING MAPPING INFORMATION SYSTEM.

S. 489 (Word version) -- Senators Campsen, Gregory, McGill, Williams and Grooms: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO ADD SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1705, AS AMENDED, RELATING TO CATCH LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE CATCH LIMITS FOR OTHER SALTWATER GAMEFISH; TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS, SO AS TO DELETE CERTAIN SALTWATER GAMEFISH AND TO PROVIDE SIZE LIMITS FOR OTHER SALTWATER GAMEFISH AND DELETE PROVISIONS PERTAINING TO THE MANNER IN WHICH BLACK SEABASS MUST BE SOLD; AND TO REPEAL SECTION 50-5-1711 RELATING TO LIMITS ON TAKING, POSSESSING, OR SELLING DOLPHINS AND MAHI MAHI AND THE HARVEST, POSSESSION, OR SALE OF SARGASSUM, AND TO PROVIDE PENALTIES.

S. 283 (Word version) -- Senators Grooms and Campsen: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

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

Motion Under Rule 26B

Senator GROOMS asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.

There was no objection.

Senator GROOMS proposed the following amendment (283R005.LKG), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 2, by striking lines 9-10 and inserting:

/   unlawful on all wildlife management areas and all other lands land owned by the department; provided, however, the department may promulgate     /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

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

S. 534 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 620 OF 1992 AND ACT 741 OF 1990, BOTH AS AMENDED, RELATING TO THE REAPPORTIONMENT OF THE ELECTION DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY ARE ELECTED, SO AS TO FURTHER REAPPORTION THESE DISTRICTS AND TO DESIGNATE A MAP NUMBER FOR THE TWO MAPS ON WHICH THESE NEW LINES OF THE ELECTION DISTRICTS FOR TRUSTEES ARE DESIGNATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

S. 534--Ordered to a Third Reading

On motion of Senator LEVENTIS, S. 534 was ordered to receive a third reading on Friday, April 20, 2007.

S. 99 (Word version) -- Senators Sheheen, Malloy and Ford: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PRIMARIES AND THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PRIMARIES AND TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES; AND TO REPEAL SECTION 7-11-25 RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES.

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

Senators RITCHIE and SHEHEEN proposed the following amendment (JUD0099.013), which was adopted:

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

/   SECTION   1.   Section 7-11-20 of the 1976 Code is amended to read:

"Section 7-11-20.   (A)   Except as provided in subsection (B), Party party conventions or party primary elections held by political parties certified as such by the State Election Commission under pursuant to the provisions of this Title title to nominate candidates for any of the offices to be filled in a general or special election shall must be conducted in accordance with the provisions of this Title title and in accordance with party rules not in conflict with the provisions of this Title title or of the Constitution and laws of this State or of the United States.

(B)(1)   AExcept as provided in item (2), a certified political party wishing to hold a presidential preference primary election may do so in accordance with the provisions of this title and party rules. However, notwithstanding any other provision of this title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements. If a party holds a presidential preference primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday.

(2)   In 2008, if the state committee of a certified political party which received at least five percent of the popular vote in South Carolina for the party's candidate for President of the United States decides to hold a presidential preference primary election, the State Election Commission must conduct the presidential preference primary in accordance with the provisions of this title and party rules provided that a registered elector may cast a ballot in only one presidential preference primary. However, notwithstanding any other provision of this title, (a) the State Election Commission and the authorities responsible for conducting the elections in each county shall provide for cost-effective measures in conducting the presidential preference primaries including, but not limited to, combining polling places, while ensuring that voters have adequate notice and access to the polling places; and (b) the state committee of the party shall set the date and the filing requirements, including a certification fee. Political parties must verify the qualifications of candidates prior to certifying to the State Election Commission the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which candidate desires to file, and such candidate's name must not be placed on a primary ballot. Political parties may charge a certification fee to persons seeking to be candidates in the presidential preference primary for the political party. A filing fee not to exceed twenty thousand dollars, as determined by the State Election Commission, for each candidate certified by a political party must be transmitted by the respective political party to the State Election Commission and must be used for conducting the presidential preference primaries."

SECTION   2.   Section 7-13-15 of the 1976 Code is amended to read:

"Section 7-13-15.   (A)(1)   Except for This section does not apply to municipal primaries,.

(2)   This section does not apply to presidential preference primary elections for the Office of President of the United States, which are provided for in Section 7-11-20(B).

(B)   all primaries for national offices, excluding the Office of President and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. Except as provided in subsection (A) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year:

(1)   primaries for national offices, excluding the presidential preference primaries for the Office of President of the United States, which are provided for in Section 7-11-20(B); and

(2)   primaries for:

(a)   state offices;

(b)   offices including more than one county;

(c)   countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees; and

(d)   special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices."

SECTION   3.   Section 7-11-25 of the 1976 Code is amended to read:

"Section 7-11-25.   Nothing Except for the provisions of Section 7-11-20 related to presidential preference primaries, nothing in this act chapter nor any other provision of law may be construed as either requiring or prohibiting the political parties a political party in this State from conducting, advisory primaries according to their the party's own rules and at the party's expense, presidential preference or advisory primaries."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the perfecting amendment.

ACTING PRESIDENT PRESIDES

At 11:48 A.M., Senator MARTIN assumed the Chair.

The Committee on Judiciary proposed the following amendment (JUD0099.003), which was adopted:

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

/   A BILL

TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL PREFERENCE PRIMARIES, THAT THE STATE COMMITTEE OF THE PARTY SET THE DATE AND THE FILING REQUIREMENTS FOR THE PRESIDENTIAL PREFERENCE PRIMARIES, TO CLARIFY CERTAIN EXISTING PROVISIONS CONCERNING PRIMARIES, AND TO ESTABLISH THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND TO ALLOW TAXPAYERS TO CONTRIBUTE TO THE COST OF CONDUCTING THE PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; TO AMEND SECTION 7-11-25, RELATING TO POLITICAL PARTIES NOT PROHIBITED FROM CONDUCTING PRESIDENTIAL PREFERENCE OR ADVISORY PRIMARIES, SO AS TO DELETE THE REFERENCES TO PRESIDENTIAL PREFERENCE PRIMARIES; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS THAT MAY BE DESIGNATED ON TAX RETURNS, SO AS TO PROVIDE THAT CONTRIBUTIONS MAY BE MADE TO THE SOUTH CAROLINA PRESIDENTIAL PREFERENCE PRIMARY FUND.

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

SECTION   1.   Section 7-11-20 of the 1976 Code is amended to read:

"Section 7-11-20.   (A)   Except as provided in subsection (B), Party party conventions or party primary elections held by political parties certified as such by the State Election Commission under pursuant to the provisions of this Title title to nominate candidates for any of the offices to be filled in a general or special election shall must be conducted in accordance with the provisions of this Title title and in accordance with party rules not in conflict with the provisions of this Title title or of the Constitution and laws of this State or of the United States.

(B)   A   If the state committee of a certified political party wishing decides to hold a presidential preference primary election, may do so the State Election Commission must conduct the presidential preference primary in accordance with the provisions of this title and party rules. However, notwithstanding any other provision of this title, (1) the State Election Commission and the authorities responsible for conducting the elections in each county shall provide for cost effective measures in conducting the presidential preference primaries including, but not limited to, combining polling places, while ensuring that voters have adequate notice and access to the polling places; and (2) the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements, including the filing fee, for the presidential preference primary election. Any filing fee set by a party must be remitted to the South Carolina Presidential Preference Primary Fund to defray the cost of conducting the presidential preference primaries. If a party holds sets the date of a presidential preference primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday.

(C)   The South Carolina Presidential Preference Primary Fund is established for use by the South Carolina Election Commission in the manner the General Assembly provides to defray the cost of conducting the presidential preference primaries. A taxpayer may contribute to the fund by designating the contribution on his tax return as provided in Section 12-6-5060. The Department of Revenue must transfer the appropriate amount to the fund at the earliest possible time. Revenues from the South Carolina Presidential Preference Primary Fund carry forward into succeeding fiscal years and earnings of the funds must be credited to the fund."

SECTION   2.   Section 7-13-15 of the 1976 Code is amended to read:

"Section 7-13-15.   (A)(1)   Except for This section does not apply to municipal primaries,.

(2)   This section does not apply to presidential preference primary elections for the Office of President of the United States, which are provided for in Section 7-11-20(B).

(B)   all primaries for national offices, excluding the Office of President and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. Except as provided in subsection (A) or unless otherwise specifically provided for by statute or ordinance, the following primaries must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year:

(1)   primaries for national offices, excluding the presidential preference primaries for the Office of President of the United States, which are provided for in Section 7-11-20(B); and

(2)   primaries for:

(a)   state offices;

(b)   offices including more than one county;

(c)   countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees; and

(d)   special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices."

SECTION   3.   Section 7-11-25 of the 1976 Code is amended to read:

"Section 7-11-25.   Nothing in this act nor any other provision of law may be construed as prohibiting the political parties in this State from conducting, advisory primaries according to their own rules and at the party's expense, presidential preference or advisory primaries."

SECTION   4.   Section 12-6-5060 of the 1976 Code is amended to read:

"Section 12-6-5060.   (A)(1)   By designating the contribution on the return, Each each taxpayer required to file a state individual income tax return may contribute to:

(a)   the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115,;

(b)   the Nongame Wildlife and Natural Areas Program Fund established pursuant to Section 50-1-280,;

(c)   the Children's Trust Fund of South Carolina established pursuant to Section 20-7-5010,;

(d)   the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, or;

(e)   the First Steps to School Readiness Fund established pursuant to Section 20-7-9740,;

(f)   the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 25,;

(g)   the Gift of Life Trust Fund of South Carolina established pursuant to Section 44-43-1310,;

(h)   the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25,;

(i)     the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP Program,;

(j)     the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65,;

(k)   the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides,;

(l)     K-12 public education for use in the manner the General Assembly provides by law,;

(m)   the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60, or;

(n)   the Financial Literacy Trust Fund as established pursuant to Section 59-29-510, by designating the contribution on the return; or

(o)   the South Carolina Presidential Preference Primary Fund established pursuant to Section 7-11-20(C) for use by the South Carolina Election Commission in the manner the General Assembly provides.

(2)   The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated.

(B)   All South Carolina individual income tax return forms must contain a designation for the above contributions. The instructions accompanying the income tax form must contain a description of the purposes for which the funds were established and the use of monies from the income tax contribution.

(C)   The department shall determine and report at least annually to the appropriate agency administering the fund or in the case of the Children's Trust Fund to the fund the total amount of contributions designated to the above funds. The department shall must transfer the appropriate amount to each fund at the earliest possible time. The incremental cost of administration of the contribution must be retained by the department from the contributions before any funds are expended as provided in this section.

(D)   The Department of Natural Resources shall make a report to the General Assembly as early in January of each year as may be practicable, which must include the amount of revenue produced by the contributions and a detailed accounting of expenditures from the Nongame Wildlife and Natural Areas Fund.

(E)   For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, of Title 33.

(F)   Revenues from the South Carolina Litter Control Enforcement Program Fund, and the South Carolina Law Enforcement Assistance Program Fund, and the South Carolina Presidential Preference Primary Fund carry forward into succeeding fiscal years and earnings of the funds must be credited to them."

SECTION   5.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senators COURSON and SHEHEEN spoke on the Bill.

The question then was the second reading of the Bill.

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

Ayes 26; Nays 15

AYES

Anderson                  Campsen                   Drummond
Elliott                   Ford                      Hayes
Hutto                     Jackson                   Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McGill                    O'Dell                    Patterson
Pinckney                  Reese                     Ritchie
Scott                     Setzler                   Sheheen
Short                     Williams

Total--26

NAYS

Alexander                 Bryant                    Cleary
Courson                   Cromer                    Fair
Grooms                    Hawkins                   Knotts
McConnell                 Peeler                    Ryberg
Thomas                    Vaughn                    Verdin

Total--15

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

S. 99--Ordered to a Third Reading

On motion of Senator SHEHEEN, with unanimous consent, S. 99 was ordered to receive a third reading on Friday, April 20, 2007.

PRESIDENT PRESIDES

At 11:53 A.M., the PRESIDENT assumed the Chair.

S. 639 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE TWO PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT WITH CERTAIN EXCEPTIONS; TO PROVIDE THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF A GENERAL OBLIGATION BOND MUST BE DETERMINED; AND TO PROVIDE FOR A SIX-MEMBER TRANSITION TEAM TO BE APPOINTED BY THE BOARDS OF DISTRICT TWO AND DISTRICT SEVENTEEN TO MAKE RECOMMENDATIONS CONCERNING ATTENDANCE ZONES AND OTHER MATTERS.

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

Senator LEVENTIS proposed the following amendment (639-LEVENTIS), which was adopted:

Amend the bill, as and if amended, page 5, lines 20 - 27 by striking SECTION 6 and inserting the following:

/     SECTION   6.   In creating the consolidated district, it is anticipated that there will be savings in the total district level administrative costs from the former individual districts; therefore, district level administrative costs in the consolidated district must be less than the combined district level administrative costs of both districts by July 1, 2012. Administrative costs shall be those defined in the State Department of Education financial analysis model.     /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

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

S. 639--Ordered to a Third Reading

On motion of Senator LEVENTIS, S. 639 was ordered to receive a third reading on Friday, April 20, 2007.

S. 610 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.

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

The Committee on Medical Affairs proposed the following amendment (S-610 AMENDMENT), which was adopted:

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

/SECTION   1.   Section 44-53-360(b) of the 1976 Code is amended to read:

"(b)   Except in emergency situations as prescribed by the Department by regulation, and except when distributed to a registrant or dispensed by a practitioner, other than A pharmacist, no may dispense a controlled substance included in Schedule III, or IV, or V shall be dispensed without pursuant to either a written prescription signed by a practitioner, or a facsimile of a written, signed prescription, transmitted by the practitioner or the practitioner's agent to the pharmacy, or pursuant to an oral prescription, reduced promptly to writing and filed by the pharmacist. A prescription transmitted by facsimile must be received at the pharmacy as it was originally transmitted by facsimile and must include the name and address of the practitioner, the phone number for verbal confirmation, the time and date of transmission, and the name of the pharmacy intended to receive the transmission, as well as any other information required by federal or state law. Such prescription, when authorized, may not be refilled more than five times or later than six months after the date of the prescription unless renewed by the practitioner."

SECTION   2.   Section 44-53-360(e) of the 1976 Code, as amended by Act 396 of 2006, is further amended to read:

"(e)   Prescriptions for controlled substances in Schedules Schedule II through IV, inclusive, with the exception of transdermal patches, must not exceed a thirty-one day supply. Prescriptions for Schedule II substances must be dispensed within sixty ninety days of the date of issue, after which time they are void. Prescriptions for controlled substances in Schedule Schedules III through V, inclusive, must not exceed a ninety-day supply."

SECTION   3.   Section 44-53-360(i) of the 1976 Code is amended to read:

"(i)   Excepting a mail order prescription dispensed in compliance with Chapter 43 of Title 40 for which the dispenser requires proper identification of the recipient, a A prescription for a controlled substance in Schedules II through V may not be filled unless the dispenser knows the recipient or requires proper identification the recipient to produce a government issued photo identification, and the dispenser notes the identification source and number on the prescription, or in a readily retrievable log including:

(1)   prescription number;

(2)   date prescription filled;

(3)   number and type of identification;

(4)   initials of person obtaining and recording information."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

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

S. 376 (Word version) -- Senators Ritchie, McConnell, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", TO PROVIDE THAT ALL STATE-FUNDED MAJOR FACILITY PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL REPORT TO THE GENERAL ASSEMBLY THE EFFECTS OF THE ARTICLE.

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

The Committee on Medical Affairs proposed the following amendment (376R007.HSP), which was adopted:

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

/     SECTION   1.   Chapter 52, Title 48 of the 1976 Code is amended by adding:

"Article 8

Energy Independence and Sustainable Construction

Section 48-52-800.   This article may be cited as the 'Energy Independence and Sustainable Construction Act of 2007'.

(1)   'Board' means the State Budget and Control Board.

(2)   'Building project' means the design, construction, renovation, operation, and maintenance of any inhabited physical structure and its associated project building site.

(3)   'Commercial interior fit-out' means interior design and installation by owners or tenants of new or existing office space, typically exclusive of structural components and core and shell elements.

(4)   'GBI' means the Green Building Initiative.

(5)   'Globes' means the level of a building's sustainability and energy efficiency performance as determined by GBI's Green Globes Rating System.

(6)   'Green Globes Rating System' means the environmental building rating systems established by the Green Building Initiative.

(7)   'High-performance building' means a building designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment.

(8)   'LEED' means the U.S. Green Building Council's Leadership in Energy and Environmental Design Rating Systems.

(9)   'LEED Silver standard' means the Silver standard as set forth by USGBC's LEED Green Building Rating Systems.

(10)   'Major facility project' means:

(a)   a state-funded new construction building project in which the building to be constructed is larger than 10,000 gross square feet;

(b)   a state-funded renovation project where the project involves more than fifty percent of the replacement value of the facility or a change in occupancy; or

(c)   a state-funded commercial interior tenant fit-out project that is larger than 7,500 square feet of leasable area.

'Major facility project' does not mean:

(i)     a building, regardless of size, that does not have conditioned space as defined by Standard 90.1 of the American Society of Heating, Refrigerating and Air-Conditioning Engineers;

(ii)   a public kindergarten, elementary school, middle school, secondary school, junior high school, or high school, all as defined in Section 59-1-150;

(iii)   a correctional facility constructed for the Department of Corrections, Department of Mental Health, or Department of Juvenile Justice;

(iv)   a building project funded by the State Ports Authority, the Coordinating Council for Economic Development, or the State Infrastructure Bank; or

(v)   a building project funded by the Department of Health and Environmental Control where the primary purpose of the building project is for the storage of archived documents.

(11)   'Renovation project' means a building project involving the modification or adaptive reuse of an existing facility.

(12)   'Third-party commissioning agent' means a person accredited by the USGBC or GBI, with expertise in building system performance, who will analyze, evaluate, and confirm the proper function and performance of a high performance building, its systems, equipment, and indoor air quality, and who did not participate in the original certification of the major facility project or renovation project.

(13)   'USGBC' means the United States Green Building Council.

Section 48-52-820.   The purpose of this section is to promote effective energy and environmental standards for construction, rehabilitation, and maintenance of buildings in this State thereby improving the state's capacity to design, build, and operate high-performance buildings thus creating new jobs and contributing to economic growth and increasing the state's energy independence. To accomplish the objectives of this article, the State shall adopt policies and procedures that:

(1)   optimize the energy performance of buildings throughout this State;

(2)   increase the demand for environmentally preferable building materials, finishes, and furnishings;

(3)   improve environmental quality in this State by decreasing the discharge of pollutants from state buildings and their manufacture;

(4)   create public awareness of new technologies that can improve the health and productivity of building occupants by meeting advanced criteria for indoor air quality;

(5)   improve working conditions and reduce building-related health problems;

(6)   reduce the state's dependence on imported sources of energy through buildings that conserve energy and utilize local and renewable energy sources;

(7)   protect and restore this state's natural resources by avoiding development of inappropriate building sites;

(8)   reduce the burden on municipal water supply and treatment by reducing potable water consumption;

(9)   reduce waste generation and manage waste through recycling and diversion from landfill disposal;

(10)   establish life cycle cost analysis as the appropriate and most efficient analysis to determine a building project's optimal performance level;

(11)   ensure each building project's systems are designed, installed, and tested to perform according to the building's design intent and its operational needs through third-party, post-construction review and verification; and

(12)   authorize the board to pursue ENERGY STAR designation from the United States Environmental Protection Agency to further demonstrate a building project's energy independence.

Section 48-52-830.   (A)(1)   All major facility projects in this State, as defined in Section 48-52-810(12)(a), must be designed, constructed, and at least certified as receiving three globes using the Green Globes Rating System or receiving the LEED Silver standard. All major facility projects in this State, as defined in Section 48-52-810(12)(b) or (c), must be analyzed using a life cycle cost analysis comparing the cost and benefits of designing, constructing, maintaining, and operating the facility at the LEED Silver standard or three globes standard, or better, with certification; normal industry and regulatory standards as applicable; or some standard between the two that causes the project to be designed and constructed in a manner that achieves the lowest thirty-year life cycle cost.

(2)   In obtaining certification as receiving three globes using the Green Globes Rating System, a major facility project must earn at least twenty percent of the available points for energy performance under 'C.1.1 Energy Consumption'. In obtaining certification as meeting the LEED Silver standard, a major facility project must earn at least forty percent of the available points for energy performance under 'EA Credit 1: Optimize Energy Performance'. The State Engineer's Office may waive the requirements of this item for a proposed major facility project should it determine that the costs of meeting this item are not economically feasible. The State Engineer's Office shall notify the board of the reason for the issuance of a waiver.

(B)   The board may petition the General Assembly to require all major facility projects be certified to a high-performance building rating system standard in addition to or instead of the systems provided in this chapter. However, any alternate rating system adopted by the General Assembly must be no less stringent than the systems provided in this chapter.

(C)   The board shall administer and enforce the provisions in this article. Also, the board may adopt rules and promulgate regulations to comply with the goals set forth in Section 48-52-820.

Section 48-52-840.   (A)   In order to become certified using a LEED rating system, a major facility project shall register with USGBC prior to filing the first building construction permit application. USGBC shall have the sole discretion in determining whether a major facility project receives certification.

(B)   All major facility projects that were certified at the LEED Silver standard or higher must be inspected by a third-party commissioning agent in the fifth, tenth, and fifteenth year following certification. The third-party commissioning agent shall determine whether the building is operating at the standard to which it was originally designed and certified. The third-party commissioning agent shall report its findings to the State Engineer. The report must include, but is not limited to, the building's savings on energy and water, the level of its indoor air quality, the existing system's function and performance, problems with the system, and whether the system's performance meets the facility's requirements. If the State Engineer determines that the building is not operating within the spirit of this article, the State Engineer may take appropriate measures to bring the building into compliance.

(C)   The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each major facility project designed, constructed, or renovated pursuant to this article. The monitoring and evaluation of each major facility project shall commence one year after certification of the major facility project and shall continue for nineteen years thereafter. All data concerning energy and environmental benefits collected pursuant to this section must be made available to the board to be compiled and submitted to the General Assembly pursuant to Section 48-52-860.

Section 48-52-850.   (A)   In order to become certified using a Green Globes Rating System, a major facility project shall register with GBI prior to filing the first building construction permit application. GBI shall have the sole discretion in determining whether a major facility project receives certification.

(B)   All major facility projects that were first certified as receiving three globes using the Green Globes Rating System must be inspected by a third-party commissioning agent in the fifth, tenth, and fifteenth year following certification. The third-party commissioning agent shall determine whether the building is operating at the standard to which it was originally designed and certified. The third-party commissioning agent shall report its findings to the State Engineer. The report must include, but is not limited to, the building's savings on energy and water, the level of its indoor air quality, the existing system's function and performance, problems with the system, and whether the system's performance meets the facility's requirements. If the State Engineer determines that the building is not operating within the spirit of this article, the State Engineer may take appropriate measures to bring the building into compliance.

(C)   The board shall develop and implement a process to monitor and evaluate the energy and environmental benefits associated with each major facility project designed, constructed, or renovated pursuant to this article. The monitoring and evaluation of each major facility project shall commence one year after certification of the major facility project and shall continue for nineteen years thereafter. All data concerning energy and environmental benefits collected pursuant to this section must be made available to the board to be compiled and submitted to the General Assembly pursuant to Section 48-52-860.

Section 48-52-860.   The board shall annually submit a report regarding major facility projects to the General Assembly that includes:

(1)   the number and types of buildings designed and constructed;

(2)   the level of certification of each building designed, constructed, or renovated;

(3)   actual savings in energy costs;

(4)   a description of all potential environmental benefits, including, but not limited to, water resources savings and the reduction of waste generation;

(5)   the ability of buildings to continue to operate at the standard to which it was originally certified;

(6)   the reason for any waiver granted by the State Engineer's Office; and

(7)   any conflicts or barriers that hinder the effectiveness of this article."

SECTION   2.   This act takes effect upon approval by the Governor and will apply to all major facility projects that receive approval of the State Budget and Control Board - Permanent Improvement Project Request A-1 form on or after the effective date.       /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

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

S. 436 (Word version) -- Senators Alexander and Peeler: A CONCURRENT RESOLUTION TO URGE THE MEMBERS OF THE SOUTH CAROLINA DELEGATION TO THE UNITED STATES CONGRESS AND MEMBERS OF SOUTH CAROLINA STATE GOVERNMENT TO WORK TOGETHER TO TIMELY REAUTHORIZE THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO ASSURE FEDERAL FUNDING FOR THE SOUTH CAROLINA STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO BE EXPENDED IN THE MANNER DETERMINED BY THIS STATE SUBJECT TO FEDERAL REQUIREMENTS.

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

CARRIED OVER

S. 94 (Word version) -- Senators Campsen, Knotts and Fair: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR AND REASONABLE DISCLOSURE BY THE OTHER SPOUSE.

Senator RITCHIE explained the Bill.

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

S. 84 (Word version) -- Senators Bryant, Ryberg, Vaughn, Grooms, Verdin and Fair: A BILL TO AMEND SECTION 44-41-330 OF THE 1976 CODE, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

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

H. 3355 (Word version) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M.A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G.M. Smith, Toole, G.R. Smith, Pinson and Bingham: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

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

H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.

On motion of Senator RYBERG, with unanimous consent, the Joint Resolution was carried over.

H. 3406 (Word version) -- Reps. Sellers, Govan and Ott: A BILL TO AMEND SECTION 44-7-3455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS NOT SUBJECT TO THE PROVISIONS OF THE HOSPITAL PATIENT SAFETY ACT, SO AS TO PROVIDE THAT PROVISIONS OF THAT ACT DO NOT APPLY TO SPECIALTY HOSPITALS UNDER CONTRACT WITH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.

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

The Committee on Medical Affairs proposed the following amendment (H-3406 AMENDMENT 1), which was adopted:

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

/   SECTION   1.   Section 44-7-3455 of the 1976 Code, as added by Act 146 of 2005, is amended to read:

"Section 44-7-3455.   The provisions of this article do not apply to hospitals owned or operated by the Department of Mental Health or by specialized hospitals licensed exclusively for treatment of alcohol or drug abuse and which are under contract with the Department of Alcohol and Other Drug Abuse Services."

SECTION   2.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the committee amendment.

On motion of Senator SETZLER, with unanimous consent, the Bill was carried over, as amended.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3620, THE GENERAL APPROPRIATION BILL.

CARRIED OVER

H. 3620--GENERAL APPROPRIATION BILL

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

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

CONCURRENCE

H. 3509 (Word version) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J.H. Neal, Bedingfield, F.N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moss, Neilson, Ott, Owens, Perry, Phillips, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Skelton, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Vick, Viers, Walker, Williams, Witherspoon, Young, Bowers, J.M. Neal, Loftis, Simrill, White, Mulvaney, Whitmire, Frye and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 31 TO ENACT THE "SOUTH CAROLINA LOCAL HOUSING TRUST FUND ENABLING ACT", TO MAKE CERTAIN FINDINGS BY THE GENERAL ASSEMBLY, TO DEFINE CERTAIN TERMS, AND TO ALLOW A LOCAL GOVERNMENT TO CREATE AND OPERATE A "LOCAL HOUSING TRUST FUND" OR A "REGIONAL HOUSING TRUST FUND".

The House returned the Bill with amendments.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

SENT TO THE HOUSE

S. 392 (Word version) -- Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT", TO ADD CHAPTER 28 TO TITLE 8 RELATING TO THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOM LAWS MEMORANDUM OF UNDERSTANDING, TO ADD CHAPTER 29 TO TITLE 8 RELATING TO THE VERIFICATION OF A PERSON'S LAWFUL PRESENCE IN THE UNITED STATES, TO PROHIBIT CERTAIN WAGES FROM BEING CLAIMED AS A DEDUCTIBLE EXPENSE FOR STATE INCOME TAX PURPOSES, TO PROVIDE THAT TAX WITHHOLDING AGENTS MUST WITHHOLD STATE INCOME TAX AT THE RATE OF SIX PERCENT OF THE COMPENSATION PAID UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT IT IS A FELONY TO KNOWINGLY TRANSPORT A PERSON WHO IS IN THE UNITED STATES ILLEGALLY, TO PROVIDE THAT ALL JAILS IN THIS STATE MUST MAKE A REASONABLE EFFORT TO DETERMINE WHETHER A PERSON CHARGED WITH CERTAIN CRIMES ARE LAWFULLY PRESENT IN THE UNITED STATES, TO PROVIDE A CIVIL CAUSE OF ACTION TO A PERSON WHO IS TERMINATED FOR ANOTHER PERSON WHO THE EMPLOYER KNEW WAS NOT LAWFULLY IN THE UNITED STATES, AND TO ADD CHAPTER 83 TO TITLE 40 RELATING TO REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES. (ABBREVIATED TITLE)

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

Senator RITCHIE asked unanimous consent to make a motion to take up a further amendment pursuant to the provisions of Rule 26B.

There was no objection.

Amendment No. 1

Senator HUTTO proposed the following Amendment No. 1 (JUD0392.027), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 15, 16, 17, 18, and 19 in their entirety.

Amend the bill further, as and if amended, page 31, after line 30, by inserting an appropriately numbered SECTION to read:

/   SECTION   __.   Article 6, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-530.   (A)   It is unlawful for a person who is not lawfully present in the United States to store, keep, buy, transport, distribute, manufacture, possess, or have in possession or permit another to store, keep, buy, transport, distribute, manufacture, possess, or have in possession a rifle, pistol, or any other firearm.

(B)   It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a rifle, pistol, or any other firearm to any person who is not lawfully present in the United States.

(C)   A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

(D)   A person violating the provisions of subsection (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both."     /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

Senator RITCHIE explained the Bill.

The question then was the third reading of the Bill.

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

Ayes 40; Nays 3

AYES

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

Total--40

NAYS

Anderson                  Ford                      Leventis

Total--3

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

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

H. 3505 (Word version) -- Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E.H. Pitts, M.A. Pitts, Shoopman, Simrill, Skelton, G.M. Smith, G.R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young, Hodges, Viers and Rice: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; AND TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION.

The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Transportation.

Amendment No. P-1

Senators LEATHERMAN and GROOMS proposed the following Amendment No. P-1 (3505R004.HKL), which was adopted:

Amend the committee amendment, as and if amended, on page [3505-1] by striking lines 41 - 42 and on page [3505-2] by striking lines 1 - 20 and inserting:

/   (B)   The commission shall be composed of twelve members as follows:

(1)   the Governor or his designee;

(2)   the Speaker of the House of Representatives or his designee;

(3)   the President Pro Tempore of the Senate or his designee;

(4)   the Attorney General of South Carolina or his designee;

(5)   the Chairman of the Board of Health and Environmental Control to serve ex officio or his designee;

(6)   the Chairman of the Board of Natural Resources to serve ex officio or his designee;

(7)   the Chairman of the State Ports Authority to serve ex officio or his designee;

(8)   the Chairman of the Senate Finance Committee or his designee;

(9)   the Chairman of the Senate Transportation Committee or his designee;

(10)   the Chairman of the House Ways and Means Committee or his designee;

(11)   the Chairman of the Education and Public Works Committee or his designee; and

(12)   one resident of Jasper County appointed by the Jasper County Council to serve at the pleasure of the council.

The Governor or his designee shall serve as chairman of the commission.

(C)   Any state, county, or municipal officeholder named or designated to serve on the commission shall serve ex officio. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this commission as the designee of an appointing official.         /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

The Committee on Transportation proposed the following amendment (3505R002.GEC), which was adopted:

Amend the bill, as and if amended, page 4, SECTION 5, by striking line 1 and inserting:

/   the Governor, the Speaker of the House of Representatives, the President Pro     /

Amend the bill further, as and if amended, page 4, SECTION 6, by striking lines 25-43, and page 5, by striking lines 1-4 and inserting:

/   (B)   The commission shall be composed of eight members as follows:

(1)   the Governor or his designee;

(2)   the Speaker of the House of Representatives or his designee;

(3)   the President Pro Tempore of the Senate or his designee;

(4)   the Attorney General of South Carolina or his designee;

(5)   the Chairman of the Board of Health and Environmental Control or his designee;

(6)   the Chairman of the Board of Natural Resources or his designee;

(7)   the Chairman of the State Ports Authority or his designee; and

(8)   one resident of Jasper County appointed by the Jasper County Council to serve at the pleasure of the council.

The Governor or his designee shall serve as chairman of the commission.

(C)   Any state, county, or municipal officeholder named or designated to serve on the commission shall serve ex officio. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this commission as the designee of an appointing official.         /

Amend the bill further, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.   /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the committee amendment.

Amendment No. 6A

Senators PINCKNEY and GROOMS proposed the following Amendment No. 6A (3505R012.CCP), which was adopted:

Amend the joint resolution, as and if amended, on page 4, line 9 by inserting an appropriately numbered new SECTION to read:

/   SECTION ___.   There is created the Jasper County Port Facility Infrastructure Fund. The fund shall be used for expenses and administrative fees incurred by the county relative to the county's infrastructure and service provision requirements related to the Jasper County Port Facility.       /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

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

H. 3505--Ordered to a Third Reading

On motion of Senator LEATHERMAN, with unanimous consent, H. 3505 was ordered to receive a third reading on Friday, April 20, 2007.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Janice Y. Simmons, 262 Mallard Road, Summerville, S.C. 29483 VICE Darrell Middleton

Having received a favorable report from the Georgetown County Delegation, the following appointments were confirmed in open session:

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

Hon. Elaine C. Elliott, 3613 Old Pee Dee Road, Hemingway, S.C. 29554

Reappointment, Georgetown County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011

Hon. Isaac L. Pyatt, P. O. Box 807, Georgetown, S.C. 29442