TUESDAY, JANUARY 10, 2006
JOURNAL
of the
SENATE
of the
STATE OF SOUTH CAROLINA
______
Tuesday, January 10, 2006
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January 2006, being the 10th day of the month.
Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o'clock Noon.
The Senate was called to order by the PRESIDENT, the Honorable André Bauer.
Proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:
Beloved, hear a word of HOPE from the Third Chapter of the Book of Revelation:
“I know your works: Behold, I have set before you an open door, and no man can shut it…”
Let us pray.
Our Father, as we return to these halls to face the opportunities and shoulder the responsibilities that are ours in these days in the history of our world, please grant that we may walk through our duty’s door with confidence and hope - in the name of our God - in the words taught us by the Jew from Galilee - to pray together:
“Our Father, who art in Heaven,
Hallowed be Thy Name, Thy Kingdom come,
Thy will be done, on earth, as it is in heaven.
Give us this day our daily bread; and forgive us our
trespasses, as we forgive those who trespass against us;
And lead us not into temptation, but deliver us from evil.
For Thine is the Kingdom, and the power, and the glory -
forever and ever. 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
Reappointment, Chief of the South Carolina Law Enforcement Division, with term to commence January 31, 2006, and to expire January 31, 2012
Robert M. Stewart, Sr., South Carolina Law Enforcement Div., P. O. Box 21398, Columbia, S.C. 29221
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2004, and to expire May 19, 2011
At-Large - Chairman:
Oscar L. Thompson III, O. L. Thompson Construction Co., Inc., P.O. Box 63535, Charleston. S.C. 29419 VICE Guerry Green
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 2004, and to expire February 13, 2011
At-Large:
Colden R. Battey, Harvey and Battey, P.A., 1001 Craven St., Beaufort, S.C. 29902 VICE Tom Davis
Referred to the Committee on Transportation.
Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 2006, and to expire February 13, 2013
At-Large:
David Joseph Posek, 623 North Main Street, Unit #2, Greenville, S.C. 29601 VICE Mark Kent
Referred to the Committee on Transportation.
REGULATIONS RECEIVED
The following were received and referred to the appropriate committees for consideration:
Document No. 2976
Agency: South Carolina Occupational Health and Safety Review Board
SUBJECT: Representation of Parties and Interveners
Received by Lieutenant Governor January 10, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 10, 2006
Document No. 2982
Agency: Department of Labor, Licensing and Regulation - Office of Labor Services
SUBJECT: Child Labor
Received by Lieutenant Governor January 10, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 10, 2006
Document No. 3014
Agency: Commission on Higher Education
SUBJECT: South Carolina HOPE Scholarship
Received by Lieutenant Governor January 10, 2006
Referred to Education Committee
Legislative Review Expiration May 10, 2006
Document No. 3015
Agency: Commission on Higher Education
SUBJECT: Legislative Incentives for Future Excellence (LIFE) Scholarship Program
Received by Lieutenant Governor January 10, 2006
Referred to Education Committee
Legislative Review Expiration May 10, 2006
Document No. 3016
Agency: Commission on Higher Education
SUBJECT: Lottery Tuition Assistance Program for Two-Year Public and Independent Institutions
Received by Lieutenant Governor January 10, 2006
Referred to Education Committee
Legislative Review Expiration May 10, 2006
Document No. 3017
Agency: Commission on Higher Education
SUBJECT: Palmetto Fellows Scholarship Program
Received by Lieutenant Governor January 10, 2006
Referred to Education Committee
Legislative Review Expiration May 10, 2006
Document No. 3018
Agency: Commission on Higher Commission
SUBJECT: LIFE Scholarship, SC HOPE Scholarship and Palmetto Fellows Scholarship Appeals Regulations
Received by Lieutenant Governor January 10, 2006
Referred to Education Committee
Legislative Review Expiration May 10, 2006
Doctor of the Day
Senator PATTERSON introduced Dr. Gerald Wilson of Columbia, S.C., Doctor of the Day.
Leave of Absence
On motion of Senator RITCHIE, at 12:10 P.M., Senator HAWKINS was granted a leave of absence for today.
Leave of Absence
On motion of Senator McCONNELL, at 12:10 P.M., Senator J.VERNE SMITH was granted a leave of absence for the week.
Expression of Personal Interest
Senator THOMAS rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator PEELER rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator McCONNELL rose for an Expression of Personal Interest.
MOTION ADOPTED
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today it stand adjourned to meet tomorrow, Wednesday, January 11, 2006, at 12:30 P.M.
Statement by Senator J. VERNE SMITH
In late summer I had surgery to remove my gall bladder. There were many complications, including a very serious infection in my blood. While the infection has been cured, my white blood cell count is still low, reducing my ability to fight any new infection. The white blood cell count has improved, but my doctors have advised me not to be in large groups of people until it is back to normal. I am keeping up with the issues and look forward to physically being with my colleagues as soon as possible.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 937 -- Senators Ryberg, Peeler, Verdin, Bryant, Grooms, Richardson, Rankin, Gregory, Fair, Cromer, Cleary, Mescher, O'Dell and Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING A NEW SECTION 1A SO AS TO PROVIDE THAT FAIR MARKET VALUE OF REAL PROPERTY FOR PURPOSES OF PROPERTY TAX MEANS THE LOWER OF ITS FAIR MARKET VALUE WHEN OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, INCREASED BY THE FAIR MARKET VALUE OF IMPROVEMENTS TO THE REAL PROPERTY SINCE OWNERSHIP OF THE REAL PROPERTY LAST WAS TRANSFERRED, OR THE FAIR MARKET VALUE OF THE REAL PROPERTY AS DETERMINED ON APPEAL, IF LESS THAN THE TRANSFER VALUE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL DEFINE AN OWNERSHIP TRANSFER, AND AN IMPROVEMENT TO REAL PROPERTY, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE A BASE YEAR FOR DETERMINING INITIAL FAIR MARKET VALUE OF REAL PROPERTY.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 938 -- Senators Courson, Hayes, Ryberg and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-5 SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION WHO WILL BE A MEMBER OF THE GOVERNOR'S EXECUTIVE CABINET; TO AMEND SECTIONS 1-1-110 AND 1-1-1210, BOTH RELATING TO OFFICERS OF THE EXECUTIVE DEPARTMENT, SO AS TO DELETE THE STATE SUPERINTENDENT OF EDUCATION FROM THOSE LISTS AND TO UPDATE SALARY REFERENCES; AND TO AMEND SECTION 1-30-10, RELATING TO THE GOVERNING AUTHORITY OF DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE FOR THE STATE SUPERINTENDENT OF EDUCATION TO BE APPOINTED BY THE GOVERNOR; AND TO REPEAL SECTIONS 59-3-10 AND 59-3-20, BOTH RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 939 -- Senators Courson and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, FOR A TERM COTERMINOUS WITH THE GOVERNOR.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 940 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "HATLEY'S LAW" BY AMENDING SECTION 56-5-2942, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE UPON THE CONVICTION OF ITS OWNER FOR CERTAIN ALCOHOL RELATED MOTOR VEHICLE OFFENSES, SO AS TO PROVIDE ADDITIONAL OFFENSES THAT CAUSE A MOTOR VEHICLE TO BE IMMOBILIZED, TO PROVIDE THAT A PERSON WHOSE VEHICLE IS IMMOBILIZED MAY NOT REGISTER A MOTOR VEHICLE IN HIS NAME SOLELY OR JOINTLY, TO REVISE THE PROCEDURE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST FOLLOW WHEN IT IMMOBILIZES A VEHICLE, TO REVISE THE PERIOD OF TIME IN WHICH A VEHICLE MAY BE IMMOBILIZED, TO DELETE THE PROVISION THAT MAKES FALSIFYING A REPORT CONCERNING VEHICLES OWNED OR REGISTERED TO A PERSON A MISDEMEANOR, AND TO PROVIDE THAT THE FEE THAT THE COURT MUST ASSESS EACH VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES MUST NOW BE PAID TO THE DEPARTMENT OF MOTOR VEHICLES TO DEFRAY ITS EXPENSES; AND BY ADDING SECTION 50-21-118, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES MAY NOT REGISTER A WATER DEVICE IN HIS NAME AND MUST HAVE ALL WATER DEVICES OWNED OR REGISTERED TO HIM IMMOBILIZED, TO PROVIDE A DEFINITION FOR THE TERMS "IMMOBILIZED" AND "IMMOBILIZATION", TO PROVIDE THE PERIOD OF TIME A WATER DEVICE MUST BE IMMOBILIZED, TO PROVIDE FOR THE RELEASE OF AN IMMOBILIZED WATER DEVICE TO A LIENHOLDER, AND TO PROVIDE THAT A FEE MUST BE ASSESSED AGAINST A WATER DEVICE BEFORE ITS REGISTRATION OR CERTIFICATE OF NUMBER MAY BE REINSTATED.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 941 -- Senators Short, Leventis and Setzler: A BILL TO AMEND SECTION 20-7-2385, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, MEMBERSHIP, AND DISSOLUTION OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION REQUIRING LEGISLATORS TO BE NOTIFIED BY CERTIFIED MAIL WHEN A VACANCY EXISTS ON A LOCAL REVIEW BOARD.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 942 -- Senators Elliott, Ford and Leventis: A BILL TO AMEND SECTION 39-5-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 943 -- Senators Elliott, Ford and Leventis: A BILL TO AMEND SECTIONS 39-5-145 AND 39-5-147, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING AND MISLEADING CHARITABLE SOLICITATIONS, RESPECTIVELY, DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED, AND TO INCREASE THE CRIMINAL PENALTIES FOR PRICE GOUGING, INCLUDING A FELONY FOR THIRD AND SUBSEQUENT OFFENSES.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 944 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO COMBINE THE CALVARY AND PANOLA PRECINCTS CREATING THE CALVARY-PANOLA PRECINCT AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 945 -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-31 SO AS TO PROVIDE FOR UNIFORM STANDARDS FOR DOCUMENTS PRESENTED FOR RECORDING TO A CLERK OF COURT OR REGISTER OF DEEDS.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 946 -- Senators Leventis and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-79 SO AS TO PROVIDE THAT BEFORE ANY LEGISLATIVE ENACTMENT OR BEFORE ANY ACTION BY THE GOVERNOR OR HIS AGENTS WHICH WOULD IMPLEMENT OR DIRECT A CHANGE IN A STATE PROGRAM OR IN A FEDERAL PROGRAM ADMINISTERED BY THE STATE, THE BOARD OF ECONOMIC ADVISORS FIRST MUST CONDUCT A STUDY AND ISSUE A REPORT, TO PROVIDE FOR THE CONTENTS OF THE STUDY AND REPORT, AND TO PROVIDE FOR WHEN THE PROGRAM CHANGES TAKE EFFECT.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
Senator LEVENTIS spoke on the Bill.
S. 947 -- Senators Courson, Hayes, Matthews, Setzler, Lourie, Short, Fair, Leventis, Land, Alexander, Ford, Gregory, O'Dell, Malloy, Moore, McConnell, J. Verne Smith, Sheheen, McGill, Knotts and Cleary: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.
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Prefiled and referred to the Committee on Education.
Read the first time and referred to the Committee on Education.
S. 947--Recalled
Senator MOORE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education and ordered the Resolution placed on the Calendar without reference.
There was no objection.
The Resolution was placed on the Calendar.
S. 948 -- Senators Rankin, Ford, Elliott, Sheheen, Leventis and Setzler: A BILL TO AMEND SECTION 59-152-30 OF THE 1976 CODE, RELATING TO THE GOALS OF THE FIRST STEPS TO SCHOOL READINESS INITIATIVE, BY ADDING THE ESTABLISHMENT OF A VOLUNTARY, UNIVERSAL PRE-KINDERGARTEN PROGRAM FOR FOUR-YEAR-OLD CHILDREN TO THE LIST OF GOALS; AND TO ADD SECTION
59-152-170, TO CREATE A VOLUNTARY, UNIVERSAL PRE-KINDERGARTEN PROGRAM FOR FOUR-YEAR-OLDS IN EACH COUNTY.
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Prefiled and referred to the Committee on Education.
Read the first time and referred to the Committee on Education.
S. 949 -- Senators Bryant and Verdin: A BILL TO AMEND CHAPTER 56 OF TITLE 59 OF THE 1976 CODE, RELATING TO THE ATTENDANCE OF PUPILS, BY ADDING SECTION 59-65-35, TO PROVIDE THE LOCATIONS WHERE A PARENT MAY PROVIDE FOR THE ACADEMIC INSTRUCTION OF THEIR CHILDREN IN A HOME SCHOOLING PROGRAM; TO AMEND SECTIONS 59-65-40, 59-65-45, AND 59-65-47, RELATING TO HOME SCHOOLING REQUIREMENTS, TO PROVIDE THAT THE PARENTS OF HOME SCHOOLED CHILDREN ARE NOT REQUIRED TO BE THE EXCLUSIVE EDUCATORS OF THEIR CHILDREN; AND TO AMEND SECTION 59-65-46, RELATING TO THE HOME SCHOOLING OF A FOSTER CHILD, TO PROVIDE THAT FOSTER PARENTS ARE NOT REQUIRED TO BE THE EXCLUSIVE EDUCATORS OF THEIR FOSTER CHILDREN THAT ARE HOME SCHOOLED.
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Prefiled and referred to the Committee on Education.
Read the first time and referred to the Committee on Education.
S. 950 -- Senators Thomas, Knotts and Ryberg: A JOINT RESOLUTION TO POSTPONE UNTIL PROPERTY TAX YEAR 2007 THE IMPLEMENTATION OF VALUES DETERMINED IN A COUNTY'S MOST RECENTLY COMPLETED BUT NOT YET IMPLEMENTED COUNTYWIDE APPRAISAL AND EQUALIZATION PLAN.
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Prefiled and referred to the Committee on Finance.
Read the first time and referred to the Committee on Finance.
S. 951 -- Senators McConnell, Ford, Leventis, Ryberg and Ritchie: A BILL TO AMEND SECTION 10-1-161, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING, SO AS TO PROVIDE THAT THE GOVERNOR MAY ORDER FLAGS FLOWN AT HALF-STAFF WHEN AN ACT OF CONGRESS OR A PRESIDENTIAL ORDER IS ISSUED ORDERING FLAGS ON FEDERAL BUILDINGS BE FLOWN AT HALF-STAFF.
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Prefiled and referred to the Committee on Finance.
Read the first time and referred to the Committee on Finance.
S. 952 -- Senators Cromer and Leventis: A JOINT RESOLUTION TO EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEES WHO BEGAN PARTICIPATION IN THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI) BEFORE JULY 1, 2005, AND REEMPLOYED RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURNED TO EMPLOYMENT BEFORE JULY 1, 2005, FROM THE PAYMENT OF ONE-HALF EMPLOYEE CONTRIBUTIONS OTHERWISE DUE THESE SYSTEMS AND TO PROVIDE FOR THE REFUND WITHOUT INTEREST OF THE EXEMPT PORTION OF THE EMPLOYEE CONTRIBUTIONS MADE BY THESE EMPLOYEES WITH RESPECT TO EMPLOYMENT AFTER JUNE 30, 2005.
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Prefiled and referred to the Committee on Finance.
Read the first time and referred to the Committee on Finance.
S. 953 -- Senators Campsen and Cleary: A BILL TO AMEND SECTIONS 14-1-207 AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS ON MAGISTRATES COURT OFFENSES AND MUNICIPAL COURT OFFENSES, RESPECTIVELY, SO AS TO PROVIDE THESE ASSESSMENTS MAY NOT BE IMPOSED ON MISDEMEANOR TRAFFIC VIOLATIONS INCLUDING PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS; AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO SURCHARGES ON GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURT OFFENSES, SO AS TO FURTHER PROVIDE THAT MISDEMEANOR TRAFFIC VIOLATIONS EXEMPTED FROM THE SURCHARGE INCLUDE PROHIBITED AREA PARKING VIOLATIONS AND VIOLATIONS FOR PARKING IN PLACES CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.
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Prefiled and referred to the Committee on Judiciary.
Read the first time and referred to the Committee on Judiciary.
S. 954 -- Senator Sheheen: A BILL TO AMEND SECTION 11-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL DISTRICTS SUBJECT TO THE STATE CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE DEBT SERVICE FROM THE THRESHOLD AMOUNT THAT MAKES A SCHOOL DISTRICT SUBJECT TO THE CODE AND TO CHANGE REFERENCES FROM "DIRECTOR OF THE OFFICE OF GENERAL SERVICES" TO "MATERIALS MANAGEMENT OFFICE".