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

Wednesday, May 2, 2007
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.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 Psalm 63, verse 1, we read:

"O God, you are my God, earnestly I seek you; my soul thirsts for you, my body longs for you, in a dry and weary land where there is no water." (Psalm 63:1)

Please bow in prayer with me:

Dear Lord, we read how the Psalmist used physical thirst as a metaphor for spiritual yearning-and we understand his point. But here in South Carolina, O God, the same metaphor can become a reminder of the great needs of many children and young people and adults throughout our State: those people who, in their own thirsts for a better future, look to this Senate for strong leadership, for bold demonstrations of wise and sound decision-making. It is not a simple task: helping to guide the affairs and the destiny of a good and great people. Bestow Your greatest blessings upon these Senators and upon all who assist them. May the "thirsts" of our people be quenched-in ways that bring You glory, O Lord. In Your name we pray.
Amen.

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

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 3103
Agency: Department of Labor, Licensing and Regulation, Board of Examiners in Optometry
SUBJECT: Practice of Optometry
Received by Lieutenant Governor January 30, 2007
Referred to Medical Affairs Committee
Legislative Review Expiration May 30, 2007
120 Day Period Tolled
Withdrawn and Resubmitted May 1, 2007

Doctor of the Day

Senator MOORE introduced Dr. Benjamin (Ben) Nicholson of Edgefield, S.C., Doctor of the Day.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator HAWKINS rose for an Expression of Personal Interest.

Leave of Absence

At 3:39 P.M., Senator JACKSON requested a leave of absence beginning at 4:30 P.M. until 11:00 A.M. on Thursday, May 3, 2007.

S. 608--CO-SPONSOR ADDED

S. 608 (Word version) -- Senators Hutto, Matthews, Land, Short, Hayes and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59 TO ENACT THE "AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 608.

S. 588--CO-SPONSOR ADDED

S. 588 (Word version) -- Senators McConnell, Lourie and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-71-1345, 38-71-1355, 38-71-1365, AND 38-71-1445 SO AS TO PROVIDE REQUIREMENTS, POWERS, DUTIES, AND RESTRICTIONS OF A SMALL EMPLOYER HEALTH GROUP COOPERATIVE, AND PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND OFFICE OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT A REPORT TO THE OFFICE OF THE GOVERNOR AND THE GENERAL ASSEMBLY BY JANUARY 1, 2010, ON THE EFFECTIVENESS OF THE HEALTH GROUP COOPERATIVE IN EXPANDING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE FOR SMALL EMPLOYERS; AND BY AMENDING SECTIONS 38-71-1320, 38-71-1330, 38-71-1340, AND 38-71-1350, RELATING TO SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY, SO AS TO PROVIDE THAT SMALL EMPLOYERS MAY FORM A COOPERATIVE FOR THE PURPOSE OF PROVIDING HEALTH INSURANCE TO THEIR EMPLOYEES, PROVIDE FOR THE DEFINITION OF "HEALTH GROUP COOPERATIVE", AND PROVIDE FOR THE GROUP SIZE FOR A HEALTH GROUP COOPERATIVE.

On motion of Senator LAND, with unanimous consent, the name of Senator LAND was added as a co-sponsor of S. 588.

S. 206--CO-SPONSOR ADDED

S. 206 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 TO CHAPTER 71, TITLE 38 SO AS TO ENACT THE "PHARMACY BENEFIT MANAGER LICENSURE AND SOLVENCY PROTECTION ACT" TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHARMACY BENEFIT MANAGERS, INCLUDING, AMONG OTHER THINGS, REQUIREMENTS TO OBTAIN A CERTIFICATE OF AUTHORITY TO ACT AS A PHARMACY BENEFITS MANAGER AND REQUIREMENTS FOR RECORD MAINTENANCE, ANNUAL REPORTING, AND OPERATIONS; AND TO PROVIDE PROCEDURES FOR ESTABLISHING MEDICATION REIMBURSEMENT COSTS TO BE PAID TO NETWORK PHARMACIES.

On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was added as a co-sponsor of S. 206.

RECALLED

H. 3291 (Word version) -- Reps. Knight, Alexander, Branham, Brantley, G. Brown, Cobb-Hunter, Dantzler, Harrell, Hart, Harvin, Howard, McLeod, Miller, Moss, Ott, Rice, Sellers, Stavrinakis, Witherspoon, Young and Chellis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT MILE MARKER 77 ALONG INTERSTATE HIGHWAY 95 IN DORCHESTER COUNTY THE "JOHN TYE HEATH HILL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN TYE HEATH HILL INTERCHANGE".

Senator MATTHEWS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

RECALLED AND COMMITTED

S. 725 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-90 SO AS TO PROHIBIT A MUNICIPAL LAW ENFORCEMENT OFFICER FROM REQUIRING OR REQUESTING THAT A PERSON CHARGED BY THAT OFFICER WITH A TRAFFIC OFFENSE PROVIDE A SOCIAL SECURITY NUMBER; AND TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS, INCLUDING THE DEFINITION OF "DELINQUENT DEBT" FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT A DELINQUENT DEBT DOES NOT INCLUDE A FINE, ASSESSMENT, AND COSTS RESULTING FROM CONVICTION OF A TRAFFIC OFFENSE IN MUNICIPAL COURT.

Senator GROOMS asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation and commit the Bill to the Committee on Judiciary.

There was no objection.

The Bill was recalled from the Committee on Transportation and committed to the Committee on Judiciary.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 727 (Word version) -- Senator Knotts: A JOINT RESOLUTION TO PROVIDE THAT NO STATE FUNDS MAY BE APPROPRIATED TO ANY OUT-OF-STATE MEDICAID BROKERING SYSTEM UNTIL THE LEGISLATIVE AUDIT COUNCIL COMPLETES AN INVESTIGATION AND REPORTS ITS FINDINGS TO THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES.
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Read the first time and referred to the Committee on Finance.

S. 728 (Word version) -- Senators Martin and McGill: A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR AND CLARIFY PROFESSIONAL FORESTRY STANDARDS AND PRACTICES, TO REVISE PROCEDURES FOR LICENSING OF FORESTRY PROFESSIONALS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 729 (Word version) -- Senator Cleary: A JOINT RESOLUTION TO PLACE IN MURRELLS INLET AT LEAST EIGHT BUOYS THAT ESTABLISH A NO WAKE ZONE WITHIN FIFTY FEET OF A DOCK.
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Read the first time and, on motion of Senator CLEARY, with unanimous consent, S. 729 was ordered placed on the Calendar without reference.

S. 730 (Word version) -- Senator Martin: A SENATE RESOLUTION CELEBRATING THE 100TH BIRTHDAY OF THE UNITED STATES ARMY RESERVE, HONORING THE COMMITMENT, DEDICATION, AND SERVICE TO AMERICA, AND WISHING FOR ITS CONTINUED SUPPORT TO OUR SOLDIERS.
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The Senate Resolution was adopted.

S. 731 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION HONORING GEORGE DUCWORTH UPON THE OCCASION OF HIS RETIREMENT FROM THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, THANKING HIM FOR DECADES OF CIVIL SERVICE, AND WISHING HIM MUCH SUCCESS AND GOOD FORTUNE IN THE FUTURE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 732 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 16-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL GAMES AND BETTING, SO AS TO CLARIFY THE ACTIVITIES THAT ARE UNLAWFUL GAMBLING, TO AMEND THE PENALTIES TO BE THE SAME OR SIMILAR, AND TO CREATE AN EXCEPTION FOR CERTAIN GAMES WITH CARDS OR DICE ORGANIZED AS A FUNDRAISING ACTIVITY OF LIMITED DURATION BY A NONPROFIT ORGANIZATION.
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Read the first time and referred to the Committee on Judiciary.

S. 733 (Word version) -- Senator Elliott: A SENATE RESOLUTION TO HONOR AL JARDINE AND DAVID MARKS OF THE ORIGINAL BEACH BOYS AND DEAN TORRENCE OF JAN AND DEAN AS THEY ARE RECOGNIZED FOR THEIR CONTRIBUTIONS TO POP MUSIC, SIGNIFICANTLY THE WEST COAST VERSION OF BEACH MUSIC, BY BEING INDUCTED AS NEW MEMBERS OF THE MUSIC HALL OF FAME IN NORTH MYRTLE BEACH, ON MAY 12, 2007, WHICH IS "THE BEACH BOYS' AL JARDINE AND DAVID MARKS AND JAN AND DEAN'S DEAN TORRENCE DAY" IN SOUTH CAROLINA.
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The Senate Resolution was adopted.

S. 734 (Word version) -- Senator Land: A SENATE RESOLUTION TO CONGRATULATE MRS. MARGARET ANN ANDERSON ON THE OCCASION OF HER NINETIETH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
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The Senate Resolution was adopted.

S. 735 (Word version) -- Senators Leventis, Elliott, Thomas, Drummond, Pinckney, Hayes, Land, Jackson and Lourie: A SENATE RESOLUTION TO URGE THE GOVERNMENT OF TURKEY TO GRANT THE ECUMENICAL PATRIARCH APPROPRIATE INTERNATIONAL RECOGNITION, ECCLESIASTICAL SUCCESSION, AND THE RIGHT TO TRAIN CLERGY OF ALL NATIONALITIES AND TO RESPECT THE PROPERTY RIGHTS AND HUMAN RIGHTS OF THE ECUMENICAL PATRIARCHATE, AND FOR OTHER PURPOSES.
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Senator LEVENTIS spoke on the Resolution.

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

H. 3463 (Word version) -- Reps. Howard and Rutherford: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-90, 2-19-100, AND 2-19-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.

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

H. 3510 (Word version) -- Reps. Vick, M. A. Pitts, Lowe and Bedingfield: A BILL TO AMEND SECTION 50-9-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF THE STAMPS AND THE MANNER THEY ARE SOLD; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE; AND TO ADD SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.

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

H. 3567 (Word version) -- Reps. Rice, Gullick, Cotty and Agnew: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION ON CIGARETTES, SO AS TO INCREASE THE AMOUNT OF TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF MILLS TO TWO CENTS; TO ADD SECTION 44-6-157 SO AS TO PROVIDE THAT THE REVENUE GENERATED FROM THE TAXATION ON CIGARETTES MUST BE USED TO EXPAND MEDICAID COVERAGE TO CHILDREN EIGHTEEN YEARS OF AGE AND YOUNGER WHOSE FAMILY INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL; AND TO CREATE THE HEALTH CARE TRUST FUND TO PROVIDE MEDICAID BENEFITS TO INDIVIDUALS WHOSE FAMILY INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AND WHO ARE UNINSURED AND TO PROVIDE THAT REVENUE IN EXCESS OF THE CHILDREN'S MEDICAID COVERAGE FROM THE CIGARETTE TAX MUST BE CREDITED TO THE HEALTH CARE TRUST FUND; AND TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAXES GENERALLY, SO AS TO PROVIDE THAT AS OF JULY 1, 2009, THE THREE PERCENT SALES TAX IS ELIMINATED ON UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR CERTAIN GENERAL FUND TRANSFERS TO THE EDUCATION IMPROVEMENT ACT FUND FOR EACH FISCAL YEAR TO OFFSET EIA REVENUES LOST AS A RESULT OF THE LOSS OF SALES TAX ON THE SALE OF UNPREPARED FOOD, AND TO REDUCE THE SALES TAX ON UNPREPARED FOOD TO TWO PERCENT AS OF JULY 1, 2007, AND ONE PERCENT AS OF JULY 1, 2008.

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

H. 3706 (Word version) -- Reps. Duncan, Talley and Gullick: A CONCURRENT RESOLUTION TO EXPRESS THE DISAPPROVAL OF THE SOUTH CAROLINA GENERAL ASSEMBLY OF THE ENACTMENT OF LEGISLATION REGARDING LABOR UNION ELECTIONS, AND TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO REJECT THESE MEASURES.

The Concurrent Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.

H. 3781 (Word version) -- Reps. Harrison and Cotty: 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.

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

H. 3812 (Word version) -- Reps. G. M. Smith, Weeks and Ceips: A BILL TO AMEND SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMIT ON PROPERTY TAX MILLAGE INCREASES, SO AS TO PROVIDE FOR A MILLAGE RATE LIMITATION TO PURCHASE RESIDENTIAL DEVELOPMENT RIGHTS IN UNDEVELOPED PROPERTY NEAR MILITARY INSTALLATIONS TO PREVENT ADDITIONAL RESIDENTIAL DEVELOPMENT NEAR THOSE MILITARY INSTALLATIONS.

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

H. 3959 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: A CONCURRENT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS REQUESTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".

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

H. 3968 (Word version) -- Reps. G. M. Smith, Lowe, J. H. Neal, Weeks and G. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 15 IN SUMTER COUNTY FROM ITS INTERSECTION WITH BEULAH CUTTINO ROAD TO ITS INTERSECTION WITH THE SUMTER/CLARENDON COUNTY LINE THE "CHARLES B. KUBALA, SR., ALLEN R. BRAZZELL, AND WILLIAM M. STRANGE MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "CHARLES B. KUBALA, SR., ALLEN R. BRAZZELL, AND WILLIAM M. STRANGE MEMORIAL HIGHWAY".

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

H. 3976 (Word version) -- Rep. Ott: A BILL TO ABOLISH THE CALHOUN COUNTY BOARD OF VOTER REGISTRATION AND THE CALHOUN COUNTY ELECTION COMMISSION AND TO CREATE THE CALHOUN COUNTY BOARD OF ELECTIONS AND REGISTRATION.

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

H. 3987 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 23, 2007, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN SEAT OF THE SUPREME COURT AND COURT OF APPEALS AND SUCCESSORS TO CERTAIN SEATS OF CIRCUIT COURTS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2007, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

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

H. 3990 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3096, 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. 3991 (Word version) -- Reps. McLeod, Haley, Toole, Spires, Huggins, Ott, E. H. Pitts, Bingham, Ballentine and Frye: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS OF LEXINGTON 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.

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

H. 3993 (Word version) -- Reps. Duncan, Bedingfield, Davenport, Barfield, Brantley, G. Brown, Ceips, Gambrell, Hiott, Hodges, Jennings, Knight, Leach, Littlejohn, Lowe, Miller, Owens, M. A. Pitts, G. M. Smith, J. R. Smith, Spires and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO PROVIDE THAT THE OPENING DAY OF THE ANNUAL MAJOR LEAGUE BASEBALL SEASON EACH YEAR IS DESIGNATED AS "TEXTILE LEAGUE BASEBALL DAY" IN SOUTH CAROLINA.

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

H. 4014 (Word version) -- Reps. Scott, 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, 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, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR MRS. ETHEL L. WESTON, OF RICHLAND COUNTY, ON THE OCCASION OF MOTHER'S DAY, AND TO WISH HER A JOYOUS CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.

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

H. 4026 (Word version) -- Reps. Jefferson, Williams, 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, 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, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE MARTHA ANN MIDDLETON PRIOLEAU SIMMONS OF PINEVILLE IN BERKELEY COUNTY.

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

REPORTS OF STANDING COMMITTEES

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 328 (Word version) -- Senators Alexander and Ford: A BILL TO AMEND SECTION 16-13-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING A TRANSCRIPT OR DIPLOMA AND FRAUDULENT USE OF FALSIFIED OR ALTERED TRANSCRIPT OR DIPLOMA, SO AS TO INCLUDE FALSIFYING OR ALTERING A DEGREE AND FRAUDULENT USE OF A FALSIFIED OR ALTERED DEGREE, AND TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY ISSUE, MANUFACTURE, OR USE A FALSE POST-SECONDARY DEGREE, CERTIFICATE, DIPLOMA, TRANSCRIPT, OR OTHER ACADEMIC CREDENTIAL FOR GENERAL ACADEMIC OR PROFESSIONAL PURPOSES FOR CERTAIN PURPOSES INCLUDING TO OBTAIN EMPLOYMENT.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 463 (Word version) -- Senators Leatherman, Alexander, Verdin, Short, Setzler, Vaughn and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND THE INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE FUNDS OF ANY TRUST FUND ESTABLISHED BY LAW FOR THE FUNDING OF POST-EMPLOYMENT BENEFITS FOR STATE EMPLOYEES AND PUBLIC SCHOOL TEACHERS MAY BE INVESTED AND REINVESTED IN EQUITY SECURITIES SUBJECT TO THE SAME LIMITATIONS ON SUCH INVESTMENTS APPLICABLE FOR THE FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENTS SYSTEMS.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 638 (Word version) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC PRAYER AND INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT TO ADOPT, BY ORDINANCE OR RESOLUTION, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

S. 657 (Word version) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.

Ordered for consideration tomorrow.

Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3267 (Word version) -- Reps. G.M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: 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 AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.

Ordered for consideration tomorrow.

Senator KNOTTS from the Committee on Judiciary submitted a favorable report on:

H. 3310 (Word version) -- Reps. M.A. Pitts, Duncan, Gambrell, Herbkersman, Sandifer, Whipper, White, Bedingfield, Weeks, Owens, Rice, Vick and Scarborough: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO ALLOW A PERSON TO CARRY A HANDGUN ON HIS PERSON IN A VEHICLE IF HE HAS A VALID CONCEALED WEAPON PERMIT.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3456 (Word version) -- Reps. M.A. Pitts, Pinson and Parks: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT, BY ADDING CHAPTER 20 ENACTING THE "ABANDONED MANUFACTURED HOME REMOVAL ACT" SO AS TO PROVIDE A PROCEDURE FOR DEMOLITION AND DISPOSAL OF ABANDONED MANUFACTURED HOMES AND PROVIDE THE APPROPRIATE NOTICE AND OTHER PROCEDURES NECESSARY FOR THIS ACT; AND TO AMEND SECTION 12-49-85, AS AMENDED, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO THE ABANDONED MANUFACTURED HOME REMOVAL ACT.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., May 1, 2007

Mr. President and Senators:

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

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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 2, 2007

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:

H. 3097 (Word version) -- Reps. Rice, Walker, G.R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D.C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION IS AUTHORIZED TO ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, TO PROVIDE REQUIREMENTS AND PROCEDURES FOR THE VIRTUAL SCHOOL PROGRAM, TO PROVIDE FOR CERTAIN ONLINE COURSE CREDITS, TO PROVIDE FOR THE STUDENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM AND FOR THE QUALIFICATIONS OF TEACHERS AND INSTRUCTORS IN THE PROGRAM, TO PROVIDE FOR AN ONLINE PILOT PROGRAM TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, TO PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY BY THE STATE DEPARTMENT OF EDUCATION ON THE PROGRAM AND FOR OTHER DUTIES OF THE DEPARTMENT OF EDUCATION IN REGARD TO THE PROGRAM, AND TO PROVIDE THAT IMPLEMENTATION OF THE PROGRAM IS CONTINGENT ON FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN A CHARTER SCHOOL APPLICATION IF THE CHARTER SCHOOL OFFERS A PROGRAM OF ONLINE OR COMPUTER INSTRUCTION, TO PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS, AND TO PROVIDE FOR OTHER DUTIES OR REQUIREMENTS OF THE CHARTER SCHOOL GOVERNING BODY AND THE CHARTER SCHOOL IN REGARD TO A PROGRAM OF ONLINE OR COMPUTER INSTRUCTION.
Very respectfully,
Speaker of the House

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill 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. 3256 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 38-57-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADVERTISING GIFTS GIVEN BY INSURANCE AGENTS TO INSUREDS AND OTHERS, SO AS TO INCREASE FROM FIVE TO TWENTY-FIVE DOLLARS THE VALUE OF MERCHANDISE OR AN ARTICLE WHICH MAY BE GIVEN.

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 719 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE, AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3120, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator GREGORY explained the Joint Resolution.

S. 686 (Word version) -- Senator Sheheen: A BILL TO AMEND CHAPTER 13, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-13-12, TO PROVIDE THAT IT IS UNLAWFUL TO SNAG A FISH.

Senator GREGORY explained the Bill.

AMENDED, READ THE SECOND TIME

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.

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

Senator SHEHEEN proposed the following amendment (3466R001.VAS), which was adopted:

Amend the bill, as and if amended, on page 3, line 6, by inserting:

/   (9)   'Navigation' means the ability of a registered or documented self-propelled watercraft equipped with motor and rudder controls located at a point on the watercraft from which there is forward visibility over at least a one hundred eighty degree range to navigate to a department approved marine pump out station. This definition is in addition to and not exclusive of any other departmental standards for navigation.     /

Amend the bill further, as and if amended, on page 6, by striking SECTION 2 in its entirety, and inserting:

/   SECTION   2.   Section 48-1-85 of the 1976 Code is amended to read:

"Section 48-1-85.   (A)   It is unlawful for a person to operate or float a houseboat on the freshwaters waters of this State having a marine toilet unless it has a marine toilet that discharges only into a holding tank.

(B)   As used in this section:

(1)   'Holding tank' means a container designed to receive and hold sewage and other wastes discharged from a marine toilet and constructed and installed in a manner so that it may be emptied only by pumping out its contents.

(2)   'Houseboat' means a vessel which is used watercraft primarily used as a residence habitation and is not used primarily as a means of transportation.

(3)   'Marine toilet' includes equipment for installation on board a houseboat designed to receive, retain, treat, or discharge sewage. A marine toilet must be equipped with a holding tank.

(C)   When an owner of a houseboat having a marine toilet applies to the Department of Natural Resources for a certificate of title pursuant to Section 50-23-20, he shall certify in the application that the toilet discharges only into a holding tank.

(D)   Houseboat holding tanks may be emptied only by a pump-out system permitted by the South Carolina Department of Health and Environmental Control.

(E)   A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars for each day's violation or imprisoned not more than thirty days, or both."

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

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

AMENDED, ADOPTED, RETURNED TO THE HOUSE

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 Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.

Senators McGILL and GROOMS proposed the following amendment (3845R001.JYM), which was adopted:

Amend the concurrent resolution, as and if amended, page 1, by striking lines 22-25, and inserting:

/   Whereas, he earned a certificate in Vocational Forestry from the University of Florida in 1960, a Bachelor of Science in Business Administration from the University of South Carolina in 1965, and a Juris Doctorate degree from the University of South Carolina Law School in 1968; and /

Amend the concurrent resolution further, as and if amended, page 1, by striking line 39, and inserting:

/   Senate Democratic Majority Leader serving from 1993 to 2000;/

Amend the concurrent resolution further, as and if amended, page 2, by striking line 2, and inserting:

/   Senate Democratic Minority Leader serving from 2000 to present;/

Renumber sections to conform.

Amend title to conform.

Senator McGILL explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was ordered returned to the House with amendments.

POINT OF ORDER, COMMITTED

H. 3394 (Word version) -- Reps. W.D. Smith, Walker, Davenport, Anthony, Kelly, Littlejohn, Mahaffey, Talley and Mitchell: A BILL TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 906 OF 1962, AS AMENDED, AND SECTION 2 OF ACT 197 OF 1973, BOTH RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, AS SECTIONS 59-53-1110, 59-53-1120, 59-53-1130, AND 59-53-1140 OF THE 1976 CODE, TO BE CONTAINED IN ARTICLE 14, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION"; TO REDUCE FROM FOUR TO TWO THE MEMBERS APPOINTED AT LARGE FROM SPARTANBURG COUNTY AND TO ADD ONE MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND ONE MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY AND PROVIDE TRANSITION PROVISIONS; AND BY ADDING SUBARTICLE 3 TO ARTICLE 14, CHAPTER 53, TITLE 59 SO AS TO ENACT THE "SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY ACT", TO PROVIDE FOR THE POWERS AND DUTIES OF THE SPARTANBURG COMMUNITY COLLEGE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF ITS CHEROKEE COUNTY AND TYGER RIVER CAMPUSES, TO PROVIDE FOR THE CREATION OF THE SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE AUTHORITY.

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

Point of Order

Senator LEATHERMAN raised a Point of Order that the Bill was statewide in nature and was incorrectly placed on the Local Calendar.

The PRESIDENT sustained the Point of Order.

The Bill was committed to the Committee on Education.

CARRIED OVER

S. 584 (Word version) -- Senators Campsen, Bryant, Hayes, Williams, Cromer, Elliott, Thomas, Mescher, Verdin, Martin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT MUST BE SEALED, TO PROVIDE ACCESS TO A FINANCIAL DECLARATION UPON REQUEST ONLY BY THE PARTIES, THE COURT AND PERSONNEL OF THE COURT, AND THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES, AND TO PROHIBIT OTHER ACCESS EXCEPT UPON ORDER OF THE COURT FOR GOOD CAUSE SHOWN; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT EXCEPT ON ORDER OF THE COURT FOR GOOD CAUSE SHOWN.

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

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

COMMITTED

H. 3569 (Word version) -- Reps. Harrell, Loftis, Govan, Merrill, Simrill, Bingham, Shoopman, Bannister, Haley, Bedingfield, Mitchell, Herbkersman, F.N. Smith, Anderson, Anthony, Bales, Barfield, Bowen, Bowers, R. Brown, Cato, Cooper, Davenport, Duncan, Edge, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, Hinson, Hiott, Howard, Jennings, Limehouse, Littlejohn, Lowe, Lucas, Mahaffey, Miller, Neilson, Owens, Pinson, M.A. Pitts, Rice, Sandifer, J.R. Smith, Taylor, Umphlett, Whitmire, Witherspoon, Young, Knight, Talley, Walker, Ballentine and Hart: 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.

Senator RITCHIE asked unanimous consent to commit the Resolution to the Committee on Judiciary.

There was no objection and the Resolution was committed to the Committee on Judiciary.

MOTION ADOPTED

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

S. 348 (Word version) -- Senators Hutto and Land: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST SIX AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND MUST ALSO MEET AGE REQUIREMENTS SPECIFIC TO THE VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

The House returned the Bill with amendments.

On motion of Senator HUTTO, 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.

CONCURRENCE

S. 581 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ON STATE HIGHWAY 45 THAT CROSSES WAMBAW CREEK APPROXIMATELY SIX MILES NORTH OF UNITED STATES HIGHWAY 17 AT THE CHARLESTON AND BERKELEY COUNTY LINE NEAR MCCLELLANVILLE AS "THE HILLS BRIDGE" IN MEMORY OF WILLIAM BECKETT HILLS AND IN HONOR OF MARIE SHAW HILLS AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE HILLS BRIDGE".

The House returned the Resolution with amendments.

On motion of Senator GROOMS, the Senate concurred in the House amendments and a message was sent to the House accordingly.

NONCONCURRENCE

S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.

The House returned the Bill with amendments.

On motion of Senator PEELER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

CONSIDERATION INTERRUPTED

S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO PROVIDE FOR THE RESTRUCTURING OF THE DEPARTMENT OF TRANSPORTATION. (ABBREVIATED TITLE)

The House returned the Bill with amendments.

Senator KNOTTS spoke on the Bill.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (355R058.GFM) proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, May 1, 2007.

Senator LAND argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 3:35 P.M., Senator MARTIN assumed the Chair.

Senator LAND argued contra to the adoption of the amendment.

With Senator LAND retaining the floor, on motion of Senator McCONNELL, with unanimous consent, consideration was interrupted by adjournment.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session.

EXECUTIVE SESSION

On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.

MOTION ADOPTED

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Alpha May H. Harrell of Sumter, S.C., beloved wife of 55 years to Rev. G. W. Harrell, Jr. In her 88 years here on earth, she served the Lord in many capacities -- not the least of which was as a loving mother, grandmother and great-grandmother. She was actively involved in her church, having served as first lady, board member, director of VBS, and vice president of missions. This precious lady touched many lives in her lifetime and she will be greatly missed by so many who loved her dearly; but her lifetime example of service leaves a lasting legacy that will touch generations to come.

ADJOURNMENT

At 4:45 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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