Thursday, February 14, 2008
(Statewide Session)
973
THURSDAY, FEBRUARY 14, 2008
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 writings of the prophet, Ezekiel, we read:
“A new heart I will give you, and a new spirit I will put within you…” (Ezekiel 36:26a)
Let us pray:
Holy God, here on this day when many people reflect upon love and life, we find ourselves struggling here in this Senate to meet the needs of the residents of this State. We pray that You will be with the leaders of this Body as these Senators strive in varying ways to mold a new spirit of hope and promise, as they seek to make whole those things that might be broken, as they struggle to move South Carolina forward. Fill their hearts with a new spirit of determination and resolve, all to Your glory. In Your name we pray, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Doctor of the Day
Senator LEATHERMAN introduced Dr. Conyers O' Bryan, Jr. of Florence, S.C., Doctor of the Day.
CO-SPONSORS ADDED
The following co-sponsors were added to the respective Bills:
S. 732 Sen. Ford
S. 967 Sen. Ford
S. 1018 Sen. Matthews
S. 1072 Sens. Fair, Alexander
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1103 -- Senator Malloy: A SENATE RESOLUTION IN RECOGNITION AND APPRECIATION OF THE TREMENDOUS TALENT AND WORK OF ARTIST JONATHAN GREEN AND THANKING HIM FOR HIS POWERFUL INSPIRATION TO INDIVIDUALS AND COMMUNITIES THROUGHOUT THE STATE OF SOUTH CAROLINA, THE UNITED STATES, AND THE WORLD.
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The Senate Resolution was adopted.
S. 1104 -- Senator McConnell: A BILL TO AMEND CHAPTER 71 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-242, SO AS TO PROVIDE FOR THE DEFINITION OF THE TERMS "ACTUAL CHARGE" OR "ACTUAL FEE" WHEN USED IN INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICIES AND TO REQUIRE THAT NO INSURER OR ISSUER OF ANY INDIVIDUAL OR GROUP SPECIFIED DISEASE INSURANCE POLICY PAY ANY CLAIM OR BENEFITS UNDER THE APPLICABLE POLICY IN AN AMOUNT IN EXCESS OF ACTUAL CHARGE OR ACTUAL FEE AS DEFINED.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 1105 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III AND SECTION 7, ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST SPECIAL LAWS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY ENACT SPECIAL LAWS IF THOSE LAWS ARE NECESSARY TO IMPLEMENT TRADITIONAL STATE FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, OR CONCERN CERTAIN ACTIONS REGARDING ENTITIES CREATED BY LEGISLATIVE ENACTMENTS PASSED PRIOR TO MARCH 7, 1973, AND PROVIDE FOR A CHANGE IN THE BOUNDARIES OR SERVICE AREA OF THE ENTITY, CHANGE IN THE MEMBERSHIP OR COMPOSITION OF THE BOARD GOVERNING THE ENTITY, DISSOLUTION OF THE ENTITY, OR DEVOLUTION OF ALL POWERS, DUTIES, AND RESPONSIBILITIES THAT AFFECT THE ENTITY UPON THE LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALITY.
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Read the first time and referred to the Committee on Judiciary.
S. 1106 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO CODIFY THE PROVISIONS OF LAW THAT CREATED AND COMBINED VARIOUS COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS INTO A SINGLE ENTITY, TO PROVIDE THAT THOSE COUNTIES THAT DO NOT HAVE COMBINED BOARDS OF REGISTRATION AND ELECTION COMMISSIONS MUST HAVE THEIR SEPARATE BOARDS AND COMMISSIONS APPOINTED PURSUANT TO THE PROVISIONS OF SECTIONS 7-5-10 AND 7-13-70.
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Read the first time and referred to the Committee on Judiciary.
S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3178, 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. 1108 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA BIRTH DEFECTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3151, 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. 1109 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3179, 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. 1110 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL ELECTRONIC REPORTING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3149, 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. 1111 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3139, 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. 1112 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CRITICAL AREAS OF THE COASTAL ZONE, DESIGNATED AS REGULATION DOCUMENT NUMBER 3111, 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. 1113 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO WEIGHTS AND MEASURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3133, 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. 1114 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 3113, 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. 1115 -- Senators Leventis, Land, Ford, Anderson, Hutto, Malloy, Matthews, Williams, Peeler, Short, Sheheen, Drummond, Jackson, Ceips and Lourie: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IN-STATE TUITION AT PUBLIC COLLEGES AND UNIVERSITIES FOR MILITARY PERSONNEL AND THEIR DEPENDENTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THESE PERSONNEL AND THEIR DEPENDENTS ARE ELIGIBLE TO RECEIVE AND RETAIN IN-STATE TUITION RATES.
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Read the first time and referred to the Committee on Education.
S. 1116 -- Senators Leventis, Land, Anderson, Ford, Hutto, Malloy, Matthews, Williams, Peeler, Short, Ceips, Drummond, Jackson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-315 SO AS TO PROVIDE CIRCUMSTANCES AND CONDITIONS FOR A HIGH SCHOOL DIPLOMA IN REGARD TO EXIT AND END-OF-COURSE EXAMINATIONS FOR STUDENTS WHO ARE DEPENDENTS OF MILITARY PERSONNEL ON ACTIVE DUTY STATUS TRANSFERRED TO SOUTH CAROLINA, IF THE STUDENT ENROLLS IN A SCHOOL OF THIS STATE AFTER THE REQUIRED SOUTH CAROLINA EXIT OR END-OF-COURSE EXAMINATIONS HAVE BEEN GIVEN TO THE OTHER STUDENTS IN THE SAME CLASS.
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Read the first time and referred to the Committee on Education.
S. 1117 -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 101 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE UNITED STATES ARMED SERVICES VETERANS SPECIAL LICENSE PLATES.
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Read the first time and referred to the Committee on Transportation.
S. 1118 -- Senators Leventis and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-3-70 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO COLLECT AND PUBLISH INFORMATION, BY COUNTY, ON THE NUMBER OF ELECTORS WHO VOTE A STRAIGHT PARTY TICKET.
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Read the first time and referred to the Committee on Judiciary.
REPORTS OF STANDING COMMITTEES
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
S.950 -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 5953630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:
H.3140 -- Rep. W.D.Smith: A BILL TO AMEND SECTION 375103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES, SO AS TO CORRECT CROSSREFERENCES TO THE UNIFORM COMMERCIAL CODE.
Ordered for consideration tomorrow.
HOUSE CONCURRENCES
S.1101 -- Senators Ryberg and Massey: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 20, 2008, AS “CITIES MEAN BUSINESS DAY” TO RECOGNIZE AND HONOR THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE’S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIP WITH LOCAL BUSINESSES.
Returned with concurrence.
Received as information.
S.1102 -- Senators Sheheen and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE BILL COTTY FOR HIS YEARS OF FAITHFUL SERVICE TO THE CITIZENS OF DISTRICT NUMBER 79 IN KERSHAW AND RICHLAND COUNTIES AND TO WISH HIM MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
ORDERED ENROLLED FOR RATIFICATION
The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H.4630 -- Reps. Scott and Hart: A JOINT RESOLUTION TO CREATE A NEW GANG PREVENTION STUDY COMMITTEE TO CONTINUE THE WORK OF THE INITIAL GANG PREVENTION STUDY COMMITTEE TO ASSESS AND COMBAT THE STATE’S ONGOING GANG PROBLEM BY BRINGING TOGETHER STATE AGENCIES TO COORDINATE GANG REDUCTION PLANS AND MAKE FURTHER RECOMMENDATIONS ADDRESSING GANGRELATED ACTIVITY IN THE STATE.
THIRD READING BILLS
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S.524 -- Senators Leatherman and Campsen: A BILL TO AMEND SECTION 6-1-760 OF THE 1976 CODE, RELATING TO REVENUE BONDS, TO PROVIDE THAT THE PROCEEDS OF ACCOMMODATIONS FEES, HOSPITALITY FEES, AND STATE ACCOMMODATIONS FEES MAY BE PLEDGED AS SECURITY.
By prior motion of Senator LAND, with unanimous consent
S.1075 -- Finance Committee: A JOINT RESOLUTION TO SUPPLEMENT THE SCHOOL DISTRICTS NEGATIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY, AND TO PROVIDE THAT A SCHOOL DISTRICT POSITIVELY AFFECTED BY THE LACK OF REVISION OF THE 2007 FINAL INDEX OF TAXPAYING ABILITY SHALL DIRECT THE EXCESS FUNDS TOWARD NONRECURRING ALLOWABLE EXPENDITURES.
S.1092 -- Senator Short: A BILL TO AMEND Article 17, Chapter 23, Title 57 of the 1976 Code BY ADDING SECTION 57-23-835, TO PROVIDE that The management of the median and roadside vegetation on Interstate Highway 77 at Exit 65 in Chester County is devolved upon the Chester County governing authority.
By prior motion of Senator SHORT, with unanimous consent
SECOND READING BILLS
The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
S.970 -- Senator Hutto: A BILL TO AMEND SECTION 4429135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO DELETE THE PROVISION REQUIRING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE SCHOOL DISTRICT SUPERINTENDENT AND SCHOOL NURSE IF A MINOR IS ATTENDING A SCHOOL IN THE DISTRICT AND HAS ACQUIRED IMMUNODEFICIENCY SYNDROME OR IS INFECTED WITH THE HUMAN IMMUNODEFICIENCY VIRUS.
H.4598 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO GASOLINE, LUBRICATING OILS AND OTHER PETROLEUM PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S.1099 -- Senators Martin, Ford, Ritchie, Malloy, Cromer, Ceips and Setzler: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO REVIEW THE CRIMINAL DOMESTIC VIOLENCE LAWS OF THE STATE AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING ANY PROPOSED CHANGES, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 31, 2009, AT WHICH TIME THE STUDY COMMITTEE MUST BE DISSOLVED.
By prior motion of Senator MARTIN, with unanimous consent
COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
S.1005 -- Senators Lourie, Scott, Courson, Jackson, Fair, Malloy, Anderson, Campbell, Hutto, Massey, Matthews, Ritchie and Knotts: A BILL TO AMEND SECTION 444320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE RESTRICTIONS FOR BLOOD DONORS, SO AS TO PROVIDE A PERSON SIXTEEN YEARS OF AGE MAY DONATE BLOOD WITH THE CONSENT OF HIS PARENT OR GUARDIAN.
Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Committee on Medical Affairs proposed the following amendment (S-1005 AMENDMENT), which was adopted: