South Carolina General Assembly
118th Session, 2009-2010
Journal of the Senate

Tuesday, January 27, 2009

(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:

In the book of Job we read:

"Let us choose what is right; let us determine among ourselves what is good."     (Job 34:4)

Please, bow in prayer with me:

Dear God, the problems and challenges before this esteemed body are indeed so very great. We call upon You, Lord, to bless each leader here in this Senate. May every member in this Chamber trust You to guide them while they work together, striving to determine the answers and actions that are the best, given the realities of life as we find them here this winter. Moreover, O God, be with all of our leaders throughout this State, with those serving across this entire land, and especially be with and bless our nation's new President, Barack Obama. Keep safe our women and men in the Armed Forces, wherever they happen to serve, and protect them as they protect and defend us. All of this we humbly pray in Your wondrous name, dear Lord.
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 15, 2008, and to expire May 15, 2015
2nd Congressional District:
W. Leighton Lord III, 3628 Devereaux Rd., Columbia, SC 29205 VICE Mr. Clarence Davis

Referred to the Committee on Judiciary

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2006, and to expire May 19, 2013
6th Congressional District:
Marion H. Newton, 506 West Oakland Avenue, Sumter, SC 29150 VICE Mr. J. Calhoun Land IV

Referred to the Committee on Judiciary

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2007, and to expire May 19, 2014
Berkeley County:
Peggy H. Pinnell, 1426 Dennis Boulevard, Moncks Corner, SC 29461 VICE Mr. Paul G. Campbell

Referred to the Committee on Judiciary

Reappointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2007, and to expire May 19, 2014
4th Congressional District:
Barry D. Wynn, 138 Turnberry Drive, Spartanburg, SC 29306

Referred to the Committee on Judiciary

Reappointment, Maritime Security Commission, with the term to commence July 31, 2007, and to expire July 31, 2011
Commercial Maritime Community:
Thomas D. Eason, Eason Diving & Marine Constructors, Inc., P. O. Box 70040, Charleston, SC 29415

Referred to the Committee on Transportation

Reappointment, Maritime Security Commission, with the term to commence July 31, 2007, and to expire July 31, 2011
Naval Officer - Retired:
James H. Flatley III, 488 Rice Hope Drive, Mount Pleasant, SC 29464

Referred to the Committee on Transportation

Initial Appointment, South Carolina Foster Care Review Board, with the term to commence June 30, 2008, and to expire June 30, 2012
3rd Congressional District:
Carolyn J. Pinson-Payton, 166 Payton Rd., Belton, SC 29627 VICE Ms. Anne W. Thayer

Referred to the Committee on Judiciary

Reappointment, South Carolina Public Charter School District Board of Trustees, with the term to commence July 1, 2008, and to expire July 1, 2011
SC School Board Association:
Kathleen M. Bounds, 1104 Hollybrooke Dr., Moncks Corner, SC 29461

Referred to the Committee on Education

Initial Appointment, South Carolina Real Estate Commission, with the term to commence June 30, 2006, and to expire June 30, 2010
Public Member:
Jonathan M. Robinson, 134 Saluda Ave., Columbia, SC 29205 VICE Mr. Daniel J. Ballou

Referred to the Committee on Labor, Commerce and Industry
Reappointment, South Carolina State Commission for Minority Affairs, with the term to commence June 30, 2009, and to expire June 30, 2013
5th Congressional District:
Samuel Cerezo, 1490 Shiver Pond Road, Camden, SC 29020

Referred to the Committee on Judiciary

Reappointment, South Carolina State Human Affairs Commission, with the term to commence June 30, 2009, and to expire June 30, 2012
3rd Congressional District:
Jose F. Garcia, 152 Calm Cove, Anderson, SC 29626

Referred to the Committee on Judiciary

RECALLED AND COMMITTED

On motion of Senator McCONNELL, with unanimous consent, the following appointment was recalled from the Committee on Judiciary:

Reappointment, Maritime Security Commission, with the term to commence July 31, 2005, and to expire July 31, 2011
Coast Guard Officer - retired:
Marvin J. Pontiff USCG (Ret.), Mediterranean Shipping Co. (USA), 550 Long Point Road, Mt. Pleasant, SC 29464

On motion of Senator McCONNELL, with unanimous consent, the appointment was committed to the Committee on Transportation.

The following were received and referred to the appropriate committees for consideration:

Document No. 4001
Agency: Clemson University - State Crop Pest Commission
SUBJECT: Plum Pox Virus Quarantine
Received by Lieutenant Governor January 20, 2009
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 20, 2009

Document No. 4013
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Licensing Nursing Homes
Received by Lieutenant Governor January 20, 2009
Referred to Medical Affairs Committee
Legislative Review Expiration May 20, 2009

Document No. 4014
Agency: Department of Health and Environmental Control
SUBJECT: Environmental Protection Fees
Received by Lieutenant Governor January 16, 2009
Referred to Medical Affairs Committee
Legislative Review Expiration May 16, 2009

Document No. 4015
Agency: Department of Health and Environmental Control
SUBJECT: Environmental Protection Fees
Received by Lieutenant Governor January 21, 2009
Referred to Medical Affairs Committee
Legislative Review Expiration May 21, 2009

Document No. 4016
Agency: Department of Health and Environmental Control
SUBJECT: Environmental Health Inspections and Fees
Received by Lieutenant Governor January 16, 2009
Referred to Medical Affairs Committee
Legislative Review Expiration May 16, 2009

Document No. 4017
Agency: Department of Health and Environmental Control
SUBJECT: Milk and Milk Products
Received by Lieutenant Governor January 27, 2009
Referred to Medical Affairs Committee
Legislative Review Expiration May 27, 2009

Document No. 4018
Agency: Department of Labor, Licensing and Regulation - Board of Registration for Professional Engineers and Surveyors
SUBJECT: Board of Registration for Professional Engineers and Surveyors
Received by Lieutenant Governor January 16, 2009
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 16, 2009

Document No. 4030
Agency: Department of Health and Environmental Control
SUBJECT: Public Swimming Pools
Received by Lieutenant Governor January 22, 2009
Referred to Medical Affairs Committee
Legislative Review Expiration May 22, 2009

Document No. 4031
Agency: Commission on Higher Education
SUBJECT: LIFE Scholarship & LIFE Scholarship Enhancement
Received by Lieutenant Governor January 22, 2009
Referred to Education Committee
Legislative Review Expiration May 22, 2009

Document No. 4032
Agency: Commission on Higher Education
SUBJECT: Need-based Grants Program
Received by Lieutenant Governor January 22, 2009
Referred to Education Committee
Legislative Review Expiration May 22, 2009

Document No. 4033
Agency: Commission on Higher Education
SUBJECT: Palmetto Fellows Scholarship and Palmetto Fellows Scholarship Enhancement
Received by Lieutenant Governor January 22, 2009
Referred to Education Committee
Legislative Review Expiration May 22, 2009

Document No. 4034
Agency: Commission on Higher Education
SUBJECT: Determination of Rates of Tuition and Fees
Received by Lieutenant Governor January 22, 2009
Referred to Education Committee
Legislative Review Expiration May 22, 2009

Document No. 4039
Agency: Clemson University - State Crop Pest Commission
SUBJECT: Designation of Asian Citrus Psyllid as Plant Pest and Quarantine
Received by Lieutenant Governor January 20, 2009
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 20, 2009

Document No. 4040
Agency: Department of Consumer Affairs
SUBJECT: Consumer Credit Counseling Requirements
Received by Lieutenant Governor January 21, 2009
Referred to Banking and Insurance Committee
Legislative Review Expiration May 21, 2009

Document No. 4041
Agency: Department of Labor, Licensing and Regulation - Commissioners of Pilotage
SUBJECT: Pilot and Apprentice Age Limitation; Short Branch Qualifications; Pilot Functions and Responsibilities; and Penalties
Received by Lieutenant Governor January 16, 2009
Referred to Transportation Committee
Legislative Review Expiration May 16, 2009

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 3184
Agency: Department of Labor, Licensing and Regulation - Board of Pyrotechnic Safety
SUBJECT: Restructuring ATF Regulations - Pyrotechnic Safety
Received by Lieutenant Governor January 11, 2008
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 10, 2008
Revised: February 10, 2009
120 Day Period Tolled
Withdrawn and Resubmitted February 10, 2009

Doctor of the Day

Senators CLEARY and LEVENTIS introduced Dr. Gerald Harmon of Georgetown, S.C., Doctor of the Day.

Leave of Absence

At 12:05 P.M., Senator S. MARTIN requested a leave of absence on Wednesday, January 28, 2009, for business reasons.

Sen. Bright         S. 242 (Word version), 283 (Word version), 285 (Word version)
Sen. Rose         S. 238 (Word version), 239 (Word version), 254 (Word version), 275 (Word version), 279 (Word version), 286 (Word version), 295 (Word version) and 297 (Word version)

RECALLED AND COMMITTED

S. 33 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-435 SO AS TO PROVIDE THAT CERTAIN SEX OFFENDERS WHO ARE SERVING A PROBATIONARY SENTENCE MUST BE PLACED UNDER GLOBAL POSITIONING SYSTEM SATELLITE SURVEILLANCE CONTINUOUSLY FOR THE DURATION OF THEIR PROBATIONARY SENTENCES BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.

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.

On motion of Senator McCONNELL, with unanimous consent, the Bill was committed to the Committee on Corrections and Penology.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 298 (Word version) -- Senators Jackson and Scott: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE OUTSTANDING COMMUNITY SERVICE OF MRS. KATHERYN M. BELLFIELD, OF RICHLAND COUNTY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 299 (Word version) -- Senator Leatherman: A SENATE RESOLUTION TO DESIGNATE THE WEEK OF JANUARY 25 THROUGH JANUARY 31, 2009, AS NURSE ANESTHETISTS WEEK AND TO RECOGNIZE THE IMPORTANCE OF CERTIFIED REGISTERED NURSE ANESTHETISTS AND THEIR ROLE IN PROVIDING QUALITY HEALTHCARE FOR THE PUBLIC.
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The Senate Resolution was introduced and, on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calendar without reference.

S. 300 (Word version) -- Senator Scott: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS, SO AS TO REALIGN THE BOUNDARIES OF CERTAIN CIRCUITS.
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Senator SCOTT spoke on the Bill.

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

S. 301 (Word version) -- Senator Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-225 AND 38-9-230 SO AS TO ENACT PROVISIONS REQUIRING CERTAIN INSURERS TO FILE A STATEMENT OF ACTUARIAL OPINION AND ACTUARIAL OPINION SUMMARY ANNUALLY AND PROVIDE FOR THE CONFIDENTIALITY OF THESE DOCUMENTS; TO AMEND SECTION 38-5-120, RELATING TO THE REVOCATION OR SUSPENSION OF LICENSE OF AN INSURER AND ITS OFFICERS AND AGENTS FOR THE PUBLICATION OF THE NOTICE, SO AS TO PROVIDE A PROCEDURE FOR AN AGGRIEVED INSURER TO REQUEST A HEARING BEFORE THE DIRECTOR OR HIS DESIGNEE AND PROVIDE RECOURSE THROUGH JUDICIAL REVIEW; TO AMEND SECTION 38-9-330, RELATING TO THE DEFINITION OF "COMPANY ACTION LEVEL EVENT", SO AS TO REDEFINE THE TERM; AND TO AMEND SECTION 38-21-95, RELATING TO APPROVAL FOR ACQUISITION OF A DOMESTIC INSURER BY A CONTROLLING PRODUCER IN ANOTHER STATE, SO AS TO DELETE THE APPLICABILITY TO FOREIGN PRODUCERS AND CORRECT INCORRECT REFERENCES.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 302 (Word version) -- Senator McConnell: A BILL TO ESTABLISH THE GENERAL EDUCATION DEVELOPMENT (GED) PILOT PROGRAM TO ALLOW STUDENTS, AGES SIXTEEN THROUGH NINETEEN, CURRENTLY ENROLLED IN A HIGH SCHOOL AND WHO ARE ONE TO TWO YEARS BEHIND IN HIGH SCHOOL GRADUATION REQUIREMENTS, THE OPPORTUNITY TO REMAIN A HIGH SCHOOL STUDENT WHILE RECEIVING APPROPRIATE INSTRUCTION TO RECEIVE A GED DIPLOMA.
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Read the first time and referred to the Committee on Education.

S. 303 (Word version) -- Senators Massey and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTION 59-53-1610 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS"; AND BY ADDING SUBARTICLE 2 TO ARTICLE 19, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE CREATION OF THE AIKEN TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
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Read the first time and referred to the Committee on Education.

S. 304 (Word version) -- Senators Leatherman and Alexander: A BILL TO AMEND SECTION 6-1-760 OF THE 1976 CODE, RELATING TO REVENUE BONDS, TO PROVIDE THAT THE PROCEEDS OF LOCAL ACCOMMODATIONS FEES, HOSPITALITY FEES, AND STATE ACCOMMODATIONS FEES MAY BE PLEDGED AS SECURITY, AND TO AMEND SECTION 6-4-10, RELATING TO STATE ACCOMMODATIONS FEES, TO PROVIDE THAT FEES ALLOCATED FOR ADVERTISING AND PROMOTING TOURISM MAY NOT BE PLEDGED AS SECURITY.
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Read the first time and referred to the Committee on Finance.

S. 305 (Word version) -- Senators Cromer, Campsen, Bryant, Bright, Campbell, Peeler, Davis, Fair, Ryberg, L. Martin, McGill, Thomas, Rose, Grooms, Shoopman, Knotts and Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT PRESIDENT BARACK HUSSEIN OBAMA RESCIND HIS EXECUTIVE ORDERS TO CLOSE THE GUANTANAMO BAY DETENTION FACILITIES SO THAT THE TERRORISTS HOUSED IN THE FACILITIES CAN POSE NO THREAT TO THE UNITED STATES OR THE WORLD AT LARGE AND TO REQUEST THAT DETAINEES NOT BE RELOCATED TO THE UNITED STATES NAVAL CONSOLIDATED BRIG IN CHARLESTON.
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The Concurrent Resolution was introduced and referred to the General Committee.

S. 306 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 42-1-130 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" LEGAL IMMIGRANTS AND ILLEGAL IMMIGRANTS, SO LONG AS THE EMPLOYER WAS NOT AWARE OF THE IMMIGRANT'S ILLEGAL STATUS PRIOR TO THE EMPLOYEE'S INJURY; TO AMEND SECTION 42-1-360, SO AS TO EXCLUDE FROM WORKERS' COMPENSATION ILLEGAL IMMIGRANTS WHOSE ILLEGAL STATUS WAS KNOWN TO THE EMPLOYER AT THE TIME OF THE IMMIGRANTS' HIRE AND ILLEGAL IMMIGRANTS WHOM THE EMPLOYER DISCOVERS HAVE ILLEGAL STATUS DURING EMPLOYMENT BUT BEFORE INJURY AND TO RESTRICT RECOVERY IN THESE CIRCUMSTANCES TO PROVISIONS IN CHAPTER 10, TITLE 41; AND TO AMEND SECTION 41-10-10, SO AS TO INCLUDE IN "WAGES" MEDICAL PAYMENTS PROVIDED TO ILLEGAL IMMIGRANTS EXCLUDED FROM WORKERS' COMPENSATION.
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Read the first time and referred to the Committee on Judiciary.

S. 307 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 7-13-710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE A PERSON WHO PRESENTS HIMSELF TO VOTE TO PRODUCE A VALID SOUTH CAROLINA DRIVER'S LICENSE OR OTHER IDENTIFICATION WITH A PHOTOGRAPH ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES; TO AMEND SECTION 7-5-120, SO AS TO DISQUALIFY A PERSON FROM BEING REGISTERED OR VOTING IF HE HAS BEEN CONVICTED OF VOTING MORE THAN ONCE IN AN ELECTION; AND TO AMEND SECTION 7-25-110, SO AS TO INCREASE THE PENALTIES FOR AN INDIVIDUAL WHO VOTES FOR THE SAME OFFICE IN THE SAME ELECTION MORE THAN ONCE.
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Read the first time and referred to the Committee on Judiciary.

S. 308 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO ASSAULT AND BATTERY WITH INTENT TO KILL, SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF ASSAULT AND BATTERY WITH INTENT TO KILL SHALL BE PUNISHED BY IMPRISONMENT FOR NOT LESS THAN A MANDATORY MINIMUM OF TEN YEARS TO IMPRISONMENT FOR LIFE.
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Read the first time and referred to the Committee on Judiciary.

S. 309 (Word version) -- Senators Thomas and Anderson: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMS OF MAGISTRATES, SO AS TO PROVIDE A MAGISTRATE'S OFFICE BECOMES VACANT ON THE DATE AND TIME HIS TERM EXPIRES, AND A MAGISTRATE WHOSE TERM EXPIRES MAY NOT CONTINUE TO HOLD OVER THE OFFICE IN A DE FACTO CAPACITY PENDING APPOINTMENT AND QUALIFICATION OF HIS SUCCESSOR OR HIS REAPPOINTMENT TO ANOTHER TERM.
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Read the first time and referred to the Committee on Judiciary.

S. 310 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 22, TITLE 17 SO AS TO ENACT THE "UNIFORM EXPUNGEMENT OF CRIMINAL RECORDS ACT", TO PROVIDE A PROCEDURE WHICH MUST BE FOLLOWED REGARDING APPLICATIONS FOR EXPUNGEMENT OF ALL CRIMINAL RECORDS, AND TO AUTHORIZE EACH SOLICITOR'S OFFICE IN THE STATE TO ADMINISTER THE PROCEDURE; TO AMEND SECTION 17-1-40, AS AMENDED, RELATING TO THE DESTRUCTION OF THE RECORDS OF CRIMINAL CHARGES THAT HAVE BEEN DISMISSED, SO AS TO PROVIDE THAT A PERSON WHO RETAINS CERTAIN TERMS CONTAINED IN A RECORD OF A CHARGE THAT HAS BEEN DISCHARGED OR DISMISSED IS IN CONTEMPT OF COURT; TO AUTHORIZE THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES; BY ADDING SECTION 17-1-45 SO AS TO PROVIDE THAT THE SOUTH CAROLINA COURT ADMINISTRATION SHALL INCLUDE ON ALL BOND PAPERWORK AND COURTESY SUMMONS A NOTICE THAT INFORMS A PERSON OF HIS RIGHT TO FILE AN APPLICATION TO HAVE A RECORD EXPUNGED; TO AMEND SECTION 22-5-910, RELATING TO THE EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A RECORD OF CERTAIN FIRST OFFENSE CONVICTIONS FOR CRIMINAL OFFENSES TRANSFERRED FROM GENERAL SESSIONS COURT MAY BE EXPUNGED; TO AMEND SECTION 22-5-920, RELATING TO A PERSON CONVICTED AS A YOUTHFUL OFFENDER, SO AS TO REVISE THE PERIOD OF TIME A PERSON CONVICTED AS A YOUTHFUL OFFENDER MUST WAIT BEFORE HE MAY APPLY TO HAVE HIS CRIMINAL RECORD EXPUNGED; TO AMEND SECTION 44-53-450, RELATING TO THE CONDITIONAL DISCHARGE OF A CONVICTION FOR CERTAIN ILLEGAL DRUG OFFENSES, SO AS TO REVISE THE AGE OF A PERSON WHO IS SUBJECT TO THE PROVISIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 311 (Word version) -- Senators Thomas and Anderson: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMS OF MAGISTRATES, SO AS TO PROVIDE A MAGISTRATE FROM GREENVILLE COUNTY WHOSE TERM HAS EXPIRED MAY NOT CONTINUE TO HOLD THE OFFICE IN A HOLD OVER DE FACTO CAPACITY PENDING APPOINTMENT AND QUALIFICATION OF HIS SUCCESSOR, AND TO PROVIDE A MAGISTRATE'S OFFICE IN GREENVILLE COUNTY BECOMES VACANT ON THE DATE AND TIME THE TERM OF THE MAGISTRATE HOLDING THE OFFICE EXPIRES.
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Read the first time and referred to the Committee on Judiciary.

S. 312 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-540 SO AS TO PROHIBIT THE SALE OF PLASTIC, METAL, OR BRASS KNUCKLES AND PROVIDE A PENALTY; TO AMEND SECTION 16-23-405, AS AMENDED, RELATING TO THE DEFINITION OF "WEAPON" AND THE CONFISCATION OF CERTAIN WEAPONS INVOLVED IN A CRIME, SO AS TO EXPAND THE DEFINITION OF "WEAPON" TO INCLUDE PLASTIC, METAL, OR BRASS KNUCKLES; TO AMEND SECTION 16-23-430, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCLUDE PLASTIC, METAL, OR BRASS KNUCKLES IN THE PROHIBITION; AND TO AMEND SECTION 16-23-460, AS AMENDED, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO REMOVE THE EXCEPTION FOR METAL KNUCKLES.
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Read the first time and referred to the Committee on Judiciary.

S. 313 (Word version) -- Senator Rose: A BILL TO DESIGNATE SECTIONS 2-15-10 THROUGH 2-15-120 OF CHAPTER 15, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL AS ARTICLE 1; AND TO AMEND CHAPTER 15, TITLE 2, BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE OFFICE OF PROGRAM POLICY ANALYSIS AND GOVERNMENT ACCOUNTABILITY AND TO PROVIDE FOR THE DUTIES AND FUNCTION OF THIS OFFICE.
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Senator ROSE spoke on the Bill.

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

S. 314 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 1, TITLE 14 OF THE 1976 CODE, RELATING TO MISDEMEANOR TRAFFIC OFFENSES AND NONTRAFFIC VIOLATIONS, BY ADDING SECTION 14-1-240, TO IMPOSE AN ADDITIONAL FIVE DOLLAR SURCHARGE ON ALL FINES, FORFEITURES, ESCHEATMENTS, OR OTHER MONETARY PENALTIES FOR MISDEMEANOR TRAFFIC OFFENSES OR FOR NONTRAFFIC VIOLATIONS, AND TO PROVIDE THAT THE SURCHARGE SHALL BE USED TO FUND TRAINING AT THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.
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Read the first time and referred to the Committee on Judiciary.

S. 315 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 16-3-635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND BATTERY UPON CERTAIN MEDICAL, FIREFIGHTER, AND HEALTHCARE PERSONNEL, SO AS TO INCLUDE CODE ENFORCEMENT OFFICERS IN THE PURVIEW OF THE OFFENSE AND TO DEFINE THE TERM "CODE ENFORCEMENT OFFICER" FOR PURPOSES OF THE OFFENSE.
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Read the first time and referred to the Committee on Judiciary.

S. 316 (Word version) -- Senators Peeler, Verdin, McConnell, Bright, L. Martin, Campbell, Hayes, Grooms, Rose, Fair, Cromer, Ryberg, Bryant, S. Martin, O'Dell, Mulvaney, Shoopman and Massey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ELECTIONS BY SECRET BALLOT AND PROTECTION OF THE RIGHT OF SUFFRAGE, SO AS TO PROVIDE THAT THE GUARANTEE OF THE RIGHT TO VOTE BY SECRET BALLOT APPLIES IN REQUIRED DESIGNATIONS OR AUTHORIZATIONS FOR EMPLOYEE REPRESENTATION.
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Read the first time and referred to the Committee on Judiciary.

S. 317 (Word version) -- Senator Fair: A JOINT RESOLUTION TO SUSPEND THE PROVISIONS CONTAINED IN ACT 295 OF 2008, RELATING TO DENTAL TECHNOLOGICAL WORK, UNTIL JANUARY 1, 2010.
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Read the first time and referred to the Committee on Medical Affairs.

S. 318 (Word version) -- Senators Cromer and Sheheen: A BILL TO AMEND SECTION 56-5-195 OF THE 1976 CODE, RELATING TO BUS SAFETY STANDARDS, TO PROVIDE THAT FORMER CHARTER BUSES ARE EXEMPT FROM THE REQUIRED STANDARDS WHEN OWNED AND OPERATED BY A SCHOOL DISTRICT.
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Read the first time and referred to the Committee on Transportation.

S. 319 (Word version) -- Senator Leventis: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 SO AS TO ENACT THE "INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN", TO PROVIDE THAT THE GOVERNOR MAY EXECUTE THE COMPACT WITH OTHER COMPACT STATES, TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION IS THE COMPACT COMMISSIONER OF THIS STATE, TO ESTABLISH A COUNCIL ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN, TO PROVIDE FOR THE COUNCIL'S MEMBERSHIP, APPOINTMENTS, TERMS, QUORUM, LEADERSHIP, FILLING OF VACANCIES, AND POWERS AND DUTIES, AND TO PROVIDE THE TERMS OF THE COMPACT.
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Senator LEVENTIS spoke on the Bill.

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

S. 320 (Word version) -- Senator Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 15 SO AS TO ENACT THE "SOUTH CAROLINA FALSE CLAIMS ACT" PROVIDING FOR DEFINITIONS OF CERTAIN TERMS, LIABILITY FOR FALSE OR FRAUDULENT CLAIMS UNDER CERTAIN CIRCUMSTANCES, PROCEDURES FOR CIVIL ACTIONS FOR FALSE CLAIMS, THE PROCEDURE AND CONTENTS OF CIVIL INVESTIGATIVE DEMANDS, AND CREATING THE STATE FALSE CLAIMS ACT INVESTIGATION AND PROSECUTION FUND.
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Senator MALLOY spoke on the Bill.

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

S. 321 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1525 SO AS TO PROVIDE MAXIMUM SPEED LIMITS FOR STATE-OPERATED MOTOR VEHICLES.
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Read the first time and referred to the Committee on Transportation.

S. 322 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA STATE PORTS AUTHORITY AND THE MARITIME COMMUNITY FOR THEIR CONTRIBUTIONS TO THE STATE'S ECONOMY, FOR THE SIGNIFICANT ROLE PORTS PLAY IN ADVANCING SOUTH CAROLINA'S POSITION IN THE GLOBAL ECONOMY, AND FOR THE RENEWED COMMITMENT TO COOPERATION AND INVOLVEMENT BY MANY IN THE MARITIME COMMUNITY TO FOCUS OUR PORT SYSTEM ON REGAINING MARKET SHARE FOR OUR STATE.
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S. 322--Objection

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

Senator GROOMS objected.

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

S. 323 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE A COMPANY TO WRITE WORKERS' COMPENSATION INSURANCE ON A DIRECT BASIS, AND TO AUTHORIZE AN ADDITIONAL PROCESSING FEE FOR AN APPLICATION TO BE CHARGED AS DETERMINED APPROPRIATE BY THE DIRECTOR OR HIS DESIGNEE GIVEN THE NATURE OF THE APPLICATION BEING INVESTIGATED; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO AUTHORIZE A FRONT COMPANY OF A BRANCH CAPTIVE INSURANCE COMPANY TO POST SECURITY FOR LOSS RESERVES ON BRANCH BUSINESS; TO AMEND SECTION 38-90-55, RELATING TO INCORPORATION OF A CAPTIVE REINSURANCE COMPANY, SO AS TO CHANGE MANDATORY TO PRECATORY CONSIDERATION BY THE DIRECTOR OF FACTORS IN ARRIVING AT A FINDING; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS OF A PURE CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE CRITERIA FOR MAKING A FINDING BY THE DIRECTOR OR HIS DESIGNEE TO ISSUE A CERTIFICATE TO AN ALIEN CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO REPORTS REQUIRED TO BE SUBMITTED BY A CAPTIVE INSURANCE COMPANY TO THE DIRECTOR, SO AS GRANT THE DIRECTOR THE AUTHORITY TO GRANT OR WAIVE THE REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 38-90-75, RELATING TO DISCOUNTING A LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES, SO AS TO PROVIDE THE SECTION APPLIES TO A CAPTIVE INSURANCE COMPANY AND NOT A SPONSORED COMPANY, DELETE THE MANNER IN WHICH THE RESERVES WERE DISCOUNTED AND PROVIDE THAT THIS PROCESS MAY BE ACCOMPLISHED WITH PRIOR WRITTEN APPROVAL BY THE DIRECTOR; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF A CAPTIVE INSURANCE COMPANY, SO AS TO INCREASE FROM THREE TO FIVE YEARS THE INTERVAL OF THE INSPECTIONS AND EXAMINATIONS AND AUTHORIZE THE DIRECTOR TO WAIVE THE REQUIREMENT FOR A VISIT TO CERTAIN COMPANIES; TO AMEND SECTION 38-90-90, RELATING TO SUSPENSION OR REVOCATION OF THE LICENSE OF A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR TO IMPOSE A FINE INSTEAD OF REVOKING OR SUSPENDING A LICENSE; TO AMEND SECTION 38-90-130, RELATING TO THE PROHIBITION OF A CAPTIVE INSURANCE COMPANY FROM PARTICIPATING IN A PLAN, POOL, ASSOCIATION, OR GUARANTY OR INSOLVENCY FUND, SO AS TO AUTHORIZE A COMPANY TO PARTICIPATE IN A POOL FOR THE PURPOSE OF COMMERCIAL RISK SHARING UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE THE PROVISIONS OF CHAPTERS 26 AND 27 APPLICABLE TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-440, AS AMENDED, RELATING TO LICENSING OF A SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANY, SO AS TO PROVIDE THE BASIS FOR CALCULATING A PROCESSING FEE, AND CLARIFY THAT SIX THOUSAND DOLLARS BASED ON A MINIMUM FEE OF TWELVE THOUSAND DOLLARS IS PAYABLE UPON FILING OF THE APPLICATION; TO AMEND SECTION 38-90-450, AS AMENDED, RELATING TO THE ORGANIZATION REQUIREMENTS OF A SPECIAL PURPOSE FINANCIAL CAPTIVE, SO AS TO CHANGE FROM MANDATORY TO PRECATORY BY THE DIRECTOR WHEN ISSUING A CERTIFICATE; AND TO AMEND SECTION 38-90-560, RELATING TO EXAMINATIONS BY THE DIRECTOR OF A SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANY, SO AS TO INCREASE FROM THREE TO FIVE YEARS THE INTERVAL THAT A COMPANY MUST BE INSPECTED AND DELETE THE AUTHORITY OF THE DIRECTOR TO ENLARGE THE PERIOD OF INSPECTION UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 324 (Word version) -- Senators Malloy, Leventis, Lourie and Bryant: A JOINT RESOLUTION TO IMPOSE A MORATORIUM ON THE CONSIDERATION OF PERMIT APPLICATIONS, REQUESTS TO EXPAND OR REPLACE EXISTING LANDFILLS, AND THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION OF NEW LANDFILLS IN THE STATE UNTIL DECEMBER 31, 2010.
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Senator MALLOY spoke on the Resolution.

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

S. 325 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Mulvaney, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin, Williams and Davis: A CONCURRENT RESOLUTION TO CONGRATULATE MAJOR GEORGE BOOTH, OF LEXINGTON COUNTY, SPECIAL AGENT IN CHARGE OF THE TACTICAL OPERATIONS UNIT OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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Senator KNOTTS spoke on the Resolution.

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

H. 3267 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3209, 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 Education.

REPORTS OF STANDING COMMITTEES
Invitations Accepted

On motion of Senator KNOTTS, with unanimous consent, the following invitations were unanimously polled from the Committee on Invitations with a favorable report, and ordered placed on the Calendar:

The following polling sheet represents each invitation that was polled from the Committee:

Poll of the Invitations Committee
Polled 10; Ayes 10; Nays 0; Not Voting 0

AYES

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

Total--10

NAYS

Total--0

Tuesday, February 3, 20009, 6:00 - 8:00 p.m.
Members of the Senate, clerks and attaches, Reception, Koger Center for the Arts, by the CONSTRUCTION INDUSTRY ASSOCIATION, CAROLINAS AGC

Wednesday, February 4, 2009, 8:00 - 10:00 a.m.
Members of the Senate, clerks and attaches, Breakfast, Room 112, by the HOLDER PROPERTIES

Wednesday, February 4, 2009, 12:00 - 2:00 p.m.
Members of the Senate, clerks and attaches, Beaufort County Day Luncheon, Room 112, by the HILTON HEAD ISLAND-BLUFFTON CHAMBER OF COMMERCE

Wednesday, February 4, 2009, 6:00 - 8:00 p.m.
Members of the Senate, clerks and attaches Reception, Clarion Town House Hotel, by MYRTLE BEACH AREA CHAMBER OF COMMERCE

Thursday, February 5, 2009, 8:00 - 10:00 a.m.
Members of the Senate, clerks and attaches, Breakfast, Room 112 Blatt, by the ASSOCIATION OF COSMETOLOGY SALON PROFESSIONALS AND SC ASSOCIATION OF COSMETOLOGY SCHOOLS

Tuesday, February 10, 2009, 1:00 p.m.
Members of the Senate, South Carolina Arts Advocacy Day Luncheon, Capital City Club, by SOUTH CAROLINA ARTS ALLIANCE

Tuesday, February 10, 2009, 6:00 - 8:00 p.m.
Members of the Senate, "Old Fashioned Barbeque", Clarion Town House Hotel, by SC SUPREME COURT JUSTICES, COURT OF APPEALS, CIRCUIT COURT JUDGES, FAMILY COURT JUDGES AND THE MASTER-IN-EQUITY OF SOUTH CAROLINA

Wednesday, February 11, 2009, 8:00 - 10:00 a.m.
Members of the Senate, clerks and attaches, Breakfast, Room 112 Blatt, by the SC SCHOOL COUNSELOR ASSOCIATION

Wednesday, February 11, 2009, 12:00 - 2:00 p.m.
Members of the Senate, clerks and attaches, Barbecue Luncheon, Room 112 Blatt, by the SC ATHLETIC TRAINERS' ASSOCIATION

Thursday, February 12, 2009, 8:00 a.m.
Members of the Senate, clerks and attaches, Breakfast, Room 112 Blatt, by the BEHAVIORAL HEALTH SERVICES ASSOCIATION OF SC, INC.

Tuesday, February 17, 2009, 6:00 - 8:00 p.m.
Members of the Senate, Reception, Clarion Town House Hotel, by the
SC CREDIT UNION LEAGUE, INC.

Tuesday, February 17, 2009, 6:30 - 8:30 p.m.
Members of the Senate, clerks and attaches, Reception, Columbia Museum of Art, by the SC TELEPHONE ASSOCIATION

Tuesday, February 17, 2009, 7:00 - 9:00 p.m.
Members of the Senate, Reception, Clarion Town House Hotel, by the AMERICAN COUNCIL OF ENGINEERING COMPANIES OF SC, AMERICAN SOCIETY OF CIVIL ENGINEERS AND SC SOCIETY OF PROFESSIONAL ENGINEERS

Wednesday, February 18, 2009, 8:00 - 10:00 a.m.
Members of the Senate, clerks and attaches, Breakfast, Room 112 Blatt, by the MARCH OF DIMES, SC CHAPTER

Wednesday, February 18, 2009, 12:00 - 2:00 p.m.
Members of the Senate, Luncheon, Room 112 Blatt, by the SC CONSORTIUM FOR GIFTED EDUCATION

Wednesday, February 18, 2009, 6:00 - 7:00 p.m.
Members of the Senate, Reception, Columbia Marriott Hotel, by the MUNICIPAL ASSOCIATION OF SOUTH CAROLINA

Thursday, February 19, 2009, 8:00 - 10:00 a.m.
Members of the Senate, clerks and attaches, Breakfast, Room 112 Blatt, by the AFFORDABLE HOUSING COALITION OF SC ASSOCIATION, INC.

Tuesday, February 24, 2009, 6:00 - 8:00 p.m.
Members of the Senate, clerks and attaches, Reception, Columbia Metropolitan Convention Center, by the ELECTRIC COOPERATIVES OF SC, INC.

Tuesday, February 24, 2009, 7:00 - 9:00 p.m.
Members of the Senate, Reception, Columbia Marriott, by the SC REALTORS

Wednesday, February 25, 2009, 8:00 - 9:30 a.m.
Members of the Senate, Breakfast, Room 112 Blatt, by the SC NURSERY AND LANDSCAPE ASSOCIATION

Wednesday, February 25, 2009, 12:00 - 2:00 p.m.
Members of the Senate, Luncheon, Room 112 Blatt, by the SC CHILDCARE ASSOCIATION

Wednesday, February 25, 2009, 6:00 - 8:00 p.m.
Members of the Senate, clerks and attaches, Reception, Clarion Town House Hotel, by the AMERICAN LEGISLATIVE EXCHANGE COUNCIL

Wednesday, February 25, 2009, 7:00 - 9:00 p.m.
Members of the Senate, clerks and attaches, Reception, Embassy Suites Hotel, by the SC ASSOCIATION OF COUNTIES

Thursday, February 25, 2009, 8:00 - 10:00 a.m.
Members of the Senate, clerks and attaches, Breakfast, Room 112 Blatt, by the SC CANCER ALLIANCE

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

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

S. 235 (Word version) -- Senator Rose: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR DORCHESTER SCHOOL DISTRICT NO. 2 TO IMPOSE AN IMPACT FEE ON ANY DEVELOPER FOR EACH NEW RESIDENTIAL DWELLING UNIT CONSTRUCTED BY THE DEVELOPER WITHIN THE SCHOOL DISTRICT, TO PROVIDE THAT THE FUNDS MAY ONLY BE USED FOR THE CONSTRUCTION OF PUBLIC EDUCATION FACILITIES FOR GRADES K-12 WITHIN THE DISTRICT AND FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON EXISTING OR NEW BONDS ISSUED BY THE DISTRICT, AND TO PROVIDE THAT THE IMPACT FEE SHALL BE SET AT AN AMOUNT NOT TO EXCEED THE COST THAT EACH ADDITIONAL DWELLING UNIT IMPOSES ON THE SCHOOL DISTRICT FOR PUBLIC EDUCATION FACILITIES.

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

S. 289 (Word version) -- Senator L. Martin: A JOINT RESOLUTION TO ALLOW THE CRIMINAL DOMESTIC VIOLENCE STUDY COMMITTEE, AS ESTABLISHED BY ACT 402 OF 2008, ADDITIONAL TIME TO REVIEW THE CRIMINAL DOMESTIC VIOLENCE LAWS OF THE STATE AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING ANY PROPOSED CHANGES.

Recorded Vote

Senators RYBERG and BRYANT desired to be recorded as voting in favor of the second reading of the Joint Resolution.

COMMITTED TO THE COMMITTEE ON TRANSPORTATION

H. 3061 (Word version) -- Rep. A.D. Young: A BILL TO DESIGNATE A CERTAIN PORTION OF DORCHESTER COUNTY AS COOSAW POINTE, AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS INDICATING THIS AREA DESIGNATED AS COOSAW POINTE.

Senator GROOMS explained the Bill.

On motion of Senator GROOMS, the Bill was committed to the Committee on Transportation.