Senate Journal for Mar. 12, 2008 - South Carolina Legislature Online

Wednesday, March 12, 2008

(Statewide Session)

WEDNESDAY, MARCH 12, 2008

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 Philippians we read:

“Finally, beloved, whatever is true, whatever is honorable, whatever is just, whatever is pure, whatever is pleasing, whatever is commendable, if there is any excellence, and if there is anything worthy of praise, think about these things.” (Philippians 4:8)

Let us pray:

O God, we are all so aware how great the demands are upon these, Your servants. Meetings, bills, amendments, resolutions, and messages on Blackberrys pile up one after another. There is always so much to do; there is always the press of time and such limited resources. Still, loving God, enable each Senator and every staff member to continue to focus upon those things that really do matter most: the things that are indeed true, and honorable and just, and worthy of praise. Continue to guide these leaders here in this Senate. And to You be the glory, Lord. Amen.

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

Doctor of the Day

Senators DRUMMOND and O’DELL introduced Dr. Stanley Baker, Jr. of Greenwood, S.C., Doctor of the Day.

Leave of Absence

At 2:20 P.M., Senator LEVENTIS requested a leave of absence beginning at 5:00 P.M.

Leave of Absence

At 3:24 P.M., Senator HAWKINS requested a leave of absence for the balance of the day until tomorrow at 5:00 P.M.

CO-SPONSOR ADDED

The following co-sponsor was added to the respective Bill:

S. 968 Sen. Knotts

RECALLED AND COMMITTED

H.3912 -- Reps. White and Bales: A BILL TO AMEND SECTION 404730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO BE LICENSED TO PRACTICE MEDICINE AND TO SPECIFY WHAT IS NOT TO BE CONSTRUED AS PRACTICING MEDICINE, SO AS TO CLARIFY THAT A PHYSICIAN MAY DELEGATE CERTAIN TASKS TO AN UNLICENSED PERSON IF THE PHYSICIAN IS IMMEDIATELY AVAILABLE AND TO PROVIDE THAT A PHYSICIAN IS NOT PROHIBITED FROM PRACTICING IN CONSULTATION WITH A SOUTH CAROLINA PHYSICIAN CONCERNING AN OPINION FOR THE SOUTH CAROLINA PHYSICIAN IN MANAGING THE CASE AND TREATMENT OF A PATIENT IN THIS STATE; TO AMEND SECTION 404732, RELATING TO REQUIREMENTS FOR LICENSURE TO PRACTICE MEDICINE, SO AS TO PROVIDE THAT A PHYSICIAN WHO GRADUATED FROM A SCHOOL OUTSIDE OF THE UNITED STATES OR CANADA AND WHO HAS BEEN LICENSED FOR FIVE YEARS, RATHER THAN TEN YEARS, IN ANOTHER STATE, THE PHYSICIAN IS ONLY REQUIRED TO DOCUMENT ONE YEAR OF POST GRADUATE RESIDENCY TRAINING AND TO REVISE THE TIME WITHIN WHICH CERTAIN SPECIALTY EDUCATION REQUIREMENTS MUST BE UNDERTAKEN IN ORDER TO BE SUBSTITUTED FOR REQUIRED EXAMINATIONS; AND TO AMEND SECTION 404735, RELATING TO LICENSURE AS AN EXPERT MEDICAL WITNESS, SO AS TO PROVIDE THAT RATHER THAN THE BOARD OF MEDICAL EXAMINERS LICENSING A PHYSICIAN AS AN EXPERT WITNESS, A PHYSICIAN WHO TESTIFIES IN A PROCEEDING IN THIS STATE IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE BOARD AND TO PROVIDE NOTICE AND INVESTIGATION PROCEDURES FOR COMPLAINTS RECEIVED.

Senator PEELER asked unanimous consent to make a motion that the Bill be recalled from the Committee on Judiciary.

Senator MALLOY spoke on the motion.

There was no objection.

The Bill was recalled from the Committee on Judiciary.

Senator PEELER asked unanimous consent to make a motion to commit the Bill to the Committee on Medical Affairs.

There was no objection and the Bill was ordered committed to the Committee on Medical Affairs.

RECALLED AND COMMITTED

S.897 -- Senators Ritchie and Bryant: A BILL TO AMEND TITLE 41 OF THE 1976 CODE, BY ADDING CHAPTER 46 TO PROVIDE FOR THE SOUTH CAROLINA ENTREPRENEURIAL SUCCESS FUND ACT, TO PROVIDE DEFINITIONS, TO PROVIDE A STATE INCOME TAX CREDIT FOR QUALIFIED INVESTMENTS IN A FUND, TO PROVIDE FOR THE AMOUNT OF ANNUAL AVAILABLE CREDIT, TO DETERMINE THE AMOUNT OF A TAXPAYER’S CREDIT, TO PROVIDE FOR THE FORMATION OF A FUND, TO PROVIDE THAT THE PURPOSE OF A FUND IS TO MAKE SEED CAPITAL INVESTMENTS IN HIGH GROWTH ORIENTED BUSINESSES, AND TO PROVIDE REPORTING REQUIREMENTS.

Senator RYBERG asked unanimous consent to make a motion that the Bill be recalled from the Committee on Labor, Commerce and Industry.

There was no objection.

The Bill was recalled from the Committee on Labor, Commerce and Industry.

Senator RYBERG asked unanimous consent to make a motion to commit the Bill to the Committee on Finance.

There was no objection and the Bill was ordered committed to the Committee on Finance.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1197 -- Senator Martin: A CONCURRENT RESOLUTION TO PROCLAIM MAY AS "PRECIOUS CARGO" MONTH,
ENCOURAGING SOUTH CAROLINA TEENS TO BUCKLE UP AND SLOW DOWN.

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

S. 1198 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "DOMESTIC VIOLENCE HOMICIDE PREVENTION ACT" SO AS TO PROVIDE A PROCEDURE FOR THE SURRENDER OF FIREARMS OWNED BY A PERSON CONVICTED OF CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; BY ADDING SECTION 16-25-130 SO AS TO CREATE THE OFFENSE OF FAILURE TO SURRENDER A FIREARM AFTER CONVICTION FOR A CRIMINAL DOMESTIC VIOLENCE OFFENSE AND TO PROVIDE A PENALTY; BY ADDING SECTION 16-25-140 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY SELL A FIREARM TO A PERSON CONVICTED OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-1750, AS AMENDED, RELATING TO RESTRAINING ORDERS AGAINST PERSONS ENGAGED IN HARASSMENT OR STALKING, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OFFENSES IN THE LIST OF OFFENSES THE MAGISTRATES COURT HAS JURISDICTION OVER AN ACTION SEEKING A RESTRAINING ORDER, TO ALLOW THE COURT TO ORDER THE SURRENDER OF FIREARMS IF THE COURT FINDS IMMINENT DANGER EXISTS, AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING IF IMMINENT DANGER EXISTS; TO AMEND SECTION 16-25-10, AS AMENDED, RELATING TO DEFINITIONS FOR THE PURPOSES OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO ADD A DEFINITION OF "FIREARM"; TO AMEND SECTION 17-15-40, RELATING TO CONDITIONS OF RELEASE, SO AS TO REQUIRE THE COURT TO ORDER A PERSON CHARGED WITH A VIOLENT OFFENSE TO SURRENDER ALL FIREARMS AS A CONDITION OF BOND, TO ALLOW THE COURT TO ORDER A PERSON CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SURRENDER ALL FIREARMS AS A CONDITION OF BOND IF REQUESTED BY OR WITH THE CONSENT OF THE VICTIM, AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING IMMINENT DANGER; AND TO AMEND SECTION 20-4-60, AS AMENDED, RELATING TO ORDERS OF PROTECTION, SO AS TO ADD THAT IF AN ORDER OF PROTECTION IS ISSUED AND THE COURT FINDS IMMINENT DANGER EXISTS, THE COURT MAY ORDER THE SURRENDER OF FIREARMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING IMMINENT DANGER.

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

S. 1199 -- Senator Peeler: A BILL TO AMEND SECTION 44-61-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRAUMA ADVISORY COUNCIL, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO ADD AN ORTHOPEDIC PHYSICIAN AND A PEDIATRIC PHYSICIAN TO THE COUNCIL.

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

S. 1200 -- Senators Patterson and Jackson: A BILL TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING, STORAGE, AND DISPOSITION OF CERTAIN VEHICLES AND PERSONAL PROPERTY, SO AS TO DELETE THE TERM "LAW ENFORCEMENT OFFICER" AND REPLACE IT WITH THE TERM "OFFICER"; TO AMEND SECTION 56-5-5810, RELATING TO THE DEFINITION OF TERMS REGARDING THE PROVISIONS THAT REGULATE THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC AND PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE SAME TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5 OF TITLE 56, TO REVISE THE DEFINITIONS OF THE TERMS "OFFICER" AND "DERELICT VEHICLE", AND TO DELETE A DUPLICATE TERM AND ITS DEFINITION; TO AMEND SECTION 56-5-5850, RELATING TO THE PLACEMENT OF A COLORED TAG ON UNATTENDED VEHICLES AS NOTICE THAT IT MAY BE CONSIDERED TO BE ABANDONED, SO AS TO REVISE THE CONDITIONS UPON WHICH A COLORED TAG MAY BE PLACED UPON A VEHICLE, THE LEVEL OF NOTICE CONVEYED BY THE COLORED TAG, THE PERIOD FOR WHICH THE COLORED TAG AND NOTICE ARE VALID, AND TO PROVIDE THE CIRCUMSTANCES WHEN ADDITIONAL NOTICE IS REQUIRED; TO AMEND SECTION 56-5-5880, RELATING TO THE RIGHT OF CERTAIN GOVERNMENTAL OFFICIALS TO ENTER PRIVATE PROPERTY TO ENFORCE THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5920, RELATING TO VEHICLES THAT ARE NOT SUBJECT TO THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED MOTOR VEHICLES, SO AS TO PROVIDE THAT A VEHICLE HOUSED OR PROTECTED FROM THE ELEMENTS MUST BE KEPT WITHIN A CLOSED PERMANENT STRUCTURE TO BE EXEMPT FROM THESE PROVISIONS; AND TO AMEND SECTION 56-5-5950, RELATING TO PENALTIES THAT MUST BE IMPOSED ALSO UPON A PERSON WHO ABANDONS A VEHICLE, SO AS TO PROVIDE THAT THESE PENALTIES MUST BE IMPOSED UPON A PERSON WHO FAILS TO ABATE A DERELICT VEHICLE WITHIN A CERTAIN TIME PERIOD.

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

S. 1201 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ACTUARIAL OPINION AND MEMORANDUM REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 3180, 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. 1202 -- Senator Elliott: A SENATE RESOLUTION TO HONOR JOHN R. CLARKE, ESQUIRE OF HORRY COUNTY UPON THE OCCASION OF HIS SIXTIETH BIRTHDAY AND TO WISH HIM SUCCESS IN ALL HIS FUTURE ENDEAVORS.

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The Senate Resolution was adopted.

H. 4839 -- Reps. Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, 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, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. MARGARET WALLACE BAILEY TINSLEY, OF GREENWOOD COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 4841 -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MARY KATE BELL BREARLEY GLASSER, OF RICHLAND COUNTY, AS AN EXTRAORDINARY MOTHER OF FOUR CHILDREN, AND TO CONGRATULATE HER UPON THE OCCASION OF BEING NAMED SOUTH CAROLINA'S 2008 MOTHER OF THE YEAR.

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

H. 4842 -- Rep. Huggins: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MANY OUTSTANDING HOME BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS IN OUR STATE BY DECLARING WEDNESDAY, MARCH 26, 2008, SOUTH CAROLINA HOME BUILDER DAY.

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

REPORTS OF STANDING COMMITTEES

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

S.88 -- Senators Campsen, Sheheen and Knotts: A BILL TO AMEND SECTIONS 141207 AND 141208, 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 141211, 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.