South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate


Printed Page 513 . . . . . Tuesday, January 20, 2004

Tuesday, January 20, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, as we commemorate the life and service of the Reverend Martin Luther King, Jr., we recall some of his words at the Lincoln Memorial in Washington, D.C. on August 28, 1963, when he said:

"Let us not wallow in the valley of despair. I say to you today my friends... so even though we face difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream...

I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood."
Let us pray.

Father, we thank You that we share the dream.

Give us the grace to more fully realize our dreams... from sea to shining sea.
Amen!

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2002, and to expire June 30, 2006

Mining Industry

James W. Holmes, US Silica Company, 5263 Edmund Hwy., West Columbia, S.C. VICE Randall E. Wallett (resigned)


Printed Page 514 . . . . . Tuesday, January 20, 2004

Referred to the Committee on Agriculture and Natural Resources.

Reappointment, South Carolina Department of Archives and History, with term coterminous with Governor

At-Large

William L. Kinney, Jr., P. O. Box 656, Bennettsville, S.C. 29512-0656

Referred to the Committee on Education.

Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 2003, and to expire June 30, 2006

At-Large

Linda C. Stern, 2134 Bermuda Hills Rd., Columbia, S.C. 29223 VICE Pamela M. Harpootlian

Referred to the Committee on Education.

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004

At-Large

R. Austin Gilbert, Gilbert Construction Co., P. O. Box 3009, Florence, S.C. 29502-3009 VICE Carl L. Solomon (resigned)

Referred to the Committee on Education.

Reappointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2004, and to expire July 1, 2008

At-Large

R. Austin Gilbert, Gilbert Construction Co., P. O. Box 3009, Florence, S.C. 29502-3009

Referred to the Committee on Education.

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004

At-Large

Douglas R. Forbes, DMD, P. O. Box 210415, Columbia, S.C. 29221


Printed Page 515 . . . . . Tuesday, January 20, 2004

VICE V. Dianne Chinnes (resigned)

Referred to the Committee on Education.

Reappointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2001, and to expire July 1, 2005

6th Congressional District

Charles R. Murray, 200 Carolina Ave., St. George, S.C. 29477

Referred to the General Committee.

Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor

At-Large

John A. Stedman, P. O. Box 3227, Murrells Inlet, S.C. 29576

Referred to the General Committee.

Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor

At-Large

James W. Alford, P. O. Box 6994, Columbia, S.C. 29260-6994

Referred to the General Committee.

Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2001, and to expire May 31, 2005

2nd Congressional District

Edward E. Duryea, John Demosthenes Co., LLC., P. O. Box 5292, Parris Island, S.C. VICE L. Earl Brown (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008

1st Congressional District

Marvin D. Infinger, Sinkler and Boyd, P. O. Box 340, Charleston, S.C. 29402 VICE Jessie D. Griffin (resigned)

Referred to the Committee on Judiciary.


Printed Page 516 . . . . . Tuesday, January 20, 2004

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2003, and to expire June 30, 2006

4th Congressional District

Willie Albert Thompson, WMUU, 920 Wade Hampton Blvd., Greenville, S.C. 29609 VICE Rev. George Ashford

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009

5th Congressional District

James W. Sanders, Bethel Baptist Church, P. O. Box 44, Gaffney, S.C. 29342 VICE Laura Fleming (deceased)

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2002, and to expire August 15, 2006

At-Large

Charles I. Small, Diversified Development, Inc., P. O. Box 11453, Columbia, S.C. VICE Dan J. Rawls

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2002, and to expire October 18, 2006

At-Large

Tiffany R. Spann-Wilder, 4320 Waterview Circle, North Charleston, S.C. 29418 VICE Ann S. Timberlake (resigned)

Referred to the Committee on Judiciary.

Reappointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2004, and to expire June 30, 2010

At-Large

Bryan Lydon, 3001 Barefoot Trail, Anderson, S.C. 29621


Printed Page 517 . . . . . Tuesday, January 20, 2004

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2000, and to expire June 30, 2006

At-Large

Harry B. Gregory, Tally & Gregory, LLC, P. O. Box 11288, Columbia, S.C. 29211 VICE Holly Saleeby Atkins (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2003, and to expire July 27, 2004

1st Congressional District

Everard O. Rutledge, Bon Secours Health System, 2097 Henry Tecklenburg Dr., Suite 214, Charleston, S.C. 29414 VICE Chester Duke

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2004, and to expire July 27, 2008

1st Congressional District
Everard O. Rutledge, Bon Secours Health System, 2097 Henry Tecklenburg Dr., Suite 214, Charleston, S.C. 29414

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

At-Large

William J. Mottel, 30 Glenmoor Place, Hilton Head, S.C. 29926 VICE Dr. John J. Stucker (resigned)

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Scientist/Engineer


Printed Page 518 . . . . . Tuesday, January 20, 2004

David M. Peterson, Ph.D., Francis Marion University, P. O. Box 100547, Florence, S.C. VICE James D. Navratil (resigned)

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Real Estate Commission, with term to commence June 30, 2003, and to expire June 30, 2007

Public

R. Scott Moseley, Irmo Insurance Agency, Inc., P. O. Box 1047, Irmo, S.C. 29063 VICE Mackie D. Hayes

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, State Board of Pharmacy, with term to commence June 30, 2003, and to expire June 30, 2009

2nd Congressional District:

Davis C. Hook, 2827 Hebron Dr., West Columbia, S.C. 29169

Referred to the Committee on Medical Affairs.

Message from the House

Columbia, S.C., January 13, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

STATEWIDE APPOINTMENT

Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2001, and to expire May 31, 2005

2nd Congressional District

Edward E. Duryea, John Demosthenes Co., LLC., P. O. Box 5292, Parris Island, S.C. VICE L. Earl Brown (resigned)
Very respectfully,
Speaker of the House

Received as information.


Printed Page 519 . . . . . Tuesday, January 20, 2004

Message from the House

Columbia, S.C., January 13, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

STATEWIDE APPOINTMENT

Reappointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2001, and to expire July 1, 2005

6th Congressional District

Charles R. Murray, 200 Carolina Ave., St. George, S.C. 29477
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R175, H. 3941 by a vote of 2 to 0:

(R175, H. 3941 (Word version)) -- Reps. Bowers, Lloyd and R. Brown: A JOINT RESOLUTION TO POSTPONE UNTIL PROPERTY TAX YEARS BEGINNING AFTER 2003 THE IMPLEMENTATION OF THE REVISED VALUES DETERMINED IN THE COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM CONDUCTED IN COLLETON COUNTY IN 2001.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R175, H. 3941 (Word version)) -- Reps. Bowers, Lloyd and R. Brown: A JOINT RESOLUTION TO POSTPONE UNTIL PROPERTY TAX YEARS BEGINNING AFTER 2003 THE IMPLEMENTATION OF THE REVISED VALUES DETERMINED IN THE COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAM CONDUCTED IN COLLETON COUNTY IN 2001.

The veto of the Governor was taken up for immediate consideration.


Printed Page 520 . . . . . Tuesday, January 20, 2004

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

Total--45

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:


Printed Page 521 . . . . . Tuesday, January 20, 2004

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R127, H. 3749 (Word version) by a vote of 87 to 26:

H. 3749 -- THE GENERAL APPROPRIATION BILL

Veto 5.   Part 1A, Section 63, Budget and Control Board, page 264,

S.C. Leadership, $60,045
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R127, H. 3749 (Word version)) -- THE GENERAL APPROPRIATION BILL

Veto 5.   Part 1A, Section 63, Budget and Control Board, page 264,

S.C. Leadership, $60,045

Veto 5 on H. 3749, the General Appropriation Bill, of the Governor was taken up for immediate consideration.

Senator COURSON moved that the veto of the Governor be overridden.

Senator RYBERG argued contra to the motion to override the veto.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 28; Nays 11

AYES

Alexander                 Anderson                  Branton
Courson                   Drummond                  Elliott
Ford                      Giese                     Glover
Grooms                    Hayes                     Hutto
Land                      Leatherman                Leventis
Malloy                    Martin                    Matthews
Mescher                   Moore                     Patterson
Ravenel                   Reese                     Ritchie

Printed Page 522 . . . . . Tuesday, January 20, 2004

Setzler                   Smith, J. Verne           Thomas
Verdin

Total--28

NAYS

Cromer                    Fair                      Gregory
Hawkins                   Knotts                    Kuhn
McConnell                 O'Dell                    Peeler
Richardson                Ryberg

Total--11

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R127, H. 3749 (Word version) by a vote of 103 to 0:

H. 3749 -- THE GENERAL APPROPRIATION BILL

Veto 6.   Part 1B, Section 8.34, Department of Health and Human

Services, page 326, DHHS: Prescription Reimbursement

Payment Methodology
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R127, H. 3749 (Word version)) -- THE GENERAL APPROPRIATION BILL

Veto 6.   Part 1B, Section 8.34, Department of Health and Human

Services, page 326, DHHS: Prescription Reimbursement

Payment Methodology


Printed Page 523 . . . . . Tuesday, January 20, 2004

Veto 6 of the Governor to H. 3749, the General Appropriation Bill, was taken up for immediate consideration.

Senator RITCHIE moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

Total--45

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.


Printed Page 524 . . . . . Tuesday, January 20, 2004

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R127, H. 3749 (Word version) by a vote of 107 to 2:

H. 3749 -- THE GENERAL APPROPRIATION BILL

Veto 7.   Part 1B, Section 8.38, Department of Health and Human

Services, page 326, DHHS: Medicaid Fiscal Impacts
Very respectfully,
Speaker of the House

Received as information.

VETO SUSTAINED

(R127, H. 3749 (Word version)) -- THE GENERAL APPROPRIATION BILL

Veto 7.   Part 1B, Section 8.38, Department of Health and Human

Services, page 326, DHHS: Medicaid Fiscal Impacts

Veto 7 of the Governor to H. 3749, the General Appropriation Bill, was taken up for immediate consideration.

Senator J. VERNE SMITH moved that the veto of the Governor be sustained.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 0; Nays 45

AYES

Total--0

NAYS

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond

Printed Page 525 . . . . . Tuesday, January 20, 2004

Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

Total--45

The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R127, H. 3749 (Word version) by a vote of 102 to 4:

H. 3749 -- THE GENERAL APPROPRIATION BILL

Veto 10.     Part 1B, Section 19.6, State Museum, page 344, MUSM:

Across-the-Board Cut Exemption
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R127, H. 3749 (Word version)) -- THE GENERAL APPROPRIATION BILL

Veto 10.     Part 1B, Section 19.6, State Museum, page 344, MUSM:

Across-the-Board Cut Exemption


Printed Page 526 . . . . . Tuesday, January 20, 2004

Veto 10 of the Governor to H. 3749, the General Appropriation Bill, was taken up for immediate consideration.

Senators RITCHIE, LEATHERMAN and MARTIN spoke on the veto.

Senator MARTIN moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 34; Nays 4

AYES

Alexander                 Anderson                  Courson
Cromer                    Drummond                  Elliott
Fair                      Giese                     Glover
Grooms                    Hayes                     Hutto
Knotts                    Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 Mescher
Moore                     O'Dell                    Patterson
Peeler                    Ravenel                   Reese
Richardson                Ritchie                   Setzler
Short                     Smith, J. Verne           Thomas
Verdin

Total--34

NAYS

Branton                   Gregory                   Kuhn
Ryberg

Total--4


Printed Page 527 . . . . . Tuesday, January 20, 2004

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R127, H. 3749 (Word version) by a vote of 90 to 14:

H. 3749 -- THE GENERAL APPROPRIATION BILL

Veto 14.     Part 1B, Section 36.1, Department of Public Safety, page

361, DPS: Special Events Traffic Control
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R127, H. 3749 (Word version)) -- THE GENERAL APPROPRIATION BILL

Veto 14 of the Governor to H. 3749, the General Appropriation Bill, was taken up for immediate consideration.

Senator RICHARDSON spoke on the veto.

Senators LEATHERMAN and KNOTTS spoke on the veto.

Senator KNOTTS moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 44; Nays 1

AYES

Alexander                 Anderson                  Branton

Printed Page 528 . . . . . Tuesday, January 20, 2004

Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Setzler
Short                     Smith, J. Verne           Thomas
Verdin                    Waldrep

Total--44

NAYS

Ryberg

Total--1

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R127, H. 3749 (Word version) by a vote of 98 to 0:

H. 3749 -- THE GENERAL APPROPRIATION BILL

Veto 16.     Part 1B, Section 63.2, Budget and Control Board, page

395, BCB: Performance Excellence
Very respectfully,
Speaker of the House

Received as information.


Printed Page 529 . . . . . Tuesday, January 20, 2004

VETO SUSTAINED

(R127, H. 3749 (Word version)) -- THE GENERAL APPROPRIATION BILL

Veto 16.     Part 1B, Section 63.2, Budget and Control Board,

page 395, BCB: Performance Excellence

Veto 16 of the Governor to H. 3749, the General Appropriation Bill, was taken up for immediate consideration.

Senator RITCHIE explained the veto.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

By a division vote of 3-34 and the necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 14, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R127, H. 3749 (Word version) by a vote of 98 to 3:

H. 3749 -- THE GENERAL APPROPRIATION BILL

Veto 21.   J16-Department of Disabilities and Special Needs:

Special Olympics $50,000
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R127, H. 3749 (Word version)) -- THE GENERAL APPROPRIATION BILL

Veto 21.   J16-Department of Disabilities and Special Needs:

Special Olympics $50,000

Veto 21 of the Governor to H. 3749, the General Appropriation Bill, regarding J16 was taken up for immediate consideration.


Printed Page 530 . . . . . Tuesday, January 20, 2004

Senator GREGORY argued in favor of sustaining the veto.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 35; Nays 3

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Grooms
Hawkins                   Hayes                     Knotts
Land                      Leatherman                Leventis
Malloy                    Martin                    McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Pinckney                  Reese                     Ritchie
Setzler                   Smith, J. Verne           Thomas
Verdin                    Waldrep

Total--35

NAYS

Gregory                   Kuhn                      Ryberg

Total--3

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., January 16, 2004

Mr. President and Senators:


Printed Page 531 . . . . . Tuesday, January 20, 2004

The House respectfully informs your Honorable Body that it has confirmed the appointment:

STATEWIDE APPOINTMENT

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008

1st Congressional District

Marvin D. Infinger, Sinkler and Boyd, P. O. Box 340, Charleston, S.C. 29402 VICE Jessamine D. Griffin (resigned)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 20, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

LOCAL APPOINTMENT

Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 2003, and to expire December 31, 2009

Charles B. Simmons, Jr., Suite 313, County Courthouse, Greenville, S.C. 29601
Very respectfully,
Speaker of the House

Received as information.

Statement by Senator RYBERG

I fully support the private sector Special Olympics program. When I was in business, my company was always one of the primary sponsors of our local Special Olympics. I felt the financial support of this worthwhile program must be fully supported by businesses for its existence. The business community will step to the table to fully support Special Olympics. When government steps in, the business community walks away from their obligations for this wonderful program.

Motion Adopted

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


Printed Page 532 . . . . . Tuesday, January 20, 2004

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

Remarks by Senator RAVENEL

Mr. PRESIDENT and fellow members of the Senate, as you know, yesterday, January 19, 2004, we celebrated Martin Luther King's birthday. Because the holiday fell on Sunday, we celebrated Martin Luther King's birthday yesterday. But, yesterday, the 19th of January, was also General Robert E. Lee's birthday.

And you know, the General once said, "Of all the words in the English language, 'beauty' is the most sublime." And I think that's a good word for all of us here in the Senate to think about and recognize.

And every year, every year, a fellow by the name of Paul Greenburg, who is the editorial page writer of the Arkansas Democrat, does an Op Ed on General Lee. Because he did one this year, and it is really superb, it was also in the Post and Courier down there Sunday morning, and maybe yesterday morning, and I just ask permission to have it passed out to the Members of the Senate.

Thank you.

Expression of Personal Interest

Senator COURSON rose for an Expression of Personal Interest.

Remarks by Senator COURSON

Yesterday was General Robert E. Lee's birthday. He died at a relatively young age. He was 62 and President of Washington College in Lexington, Virginia, which is now Washington and Lee University. I think we would be remiss if we do not remember what a great man Robert E. Lee was - not just to our region of the country but to this nation as a whole - when one looks back at his life, his history and what he accomplished.

He was graduated from the United States Military Academy at West Point. My understanding is he was the only cadet, up to that time, who had not received a single demerit in his four years. He later served as Commandant of that institution and served with unique bravery in the Mexican War. When Virginia seceded from the Union in May of 1861, President Lincoln offered him the command of the federal forces. He declined and accepted command of the Virginia forces when the War Between the States began.
I think that he was a unique individual and, certainly, a brilliant person. He assumed command of the Army of Northern Virginia June


Printed Page 533 . . . . . Tuesday, January 20, 2004

1, 1862, which is probably one of the greatest field armies this country has ever fielded. His success as Commander of the Army of Northern Virginia is legendary, and what he achieved was absolutely incredible. He was under-manned, under-supplied and fought with great tenacity. When he surrendered the Army of Northern Virginia on April 9, 1865, it sent a signal throughout our region of the country that it was over. This is important - I believe, very important. When the Army of Northern Virginia surrendered, there were well-equipped Southern armies still in the field: General Joe Johnson and the Army of Tennessee, which surrendered April 26; Generals Kirby Smith and Richard Taylor soon capitulated.
I believe General Robert E. Lee did as much to heal this country as any American because that war could have continued for two or three more years after Lee surrendered at Appomattox. The troops were in the field to do it. They were veteran troops that were well equipped. But he didn't. He surrendered to send a signal. The other field troops followed. When he went to Lexington, Virginia, to assume the presidency of Washington College, he was asked to get involved in politics. He refused to do so.
His life after 1865 to 1870 was dedicated to educating the people of his native state of Virginia and the South. In my opinion he is truly one of the great, great Americans and I think we need to give him his due in helping to preserve this country and making it what it is today. If he had not taken decisive action to bring an end to the War Between the States, our country could easily be facing some of the balkanization and separatist movements we have observed occurring throughout the world.
I recall very well a trip to Canada a few years ago when I visited the Provincial Assembly in Quebec. They are still talking about seceding from Canada. There is no talk in this country about secession. There is no talk about anything except the greatness of the United States of America, and Robert E. Lee deserves a lot of credit for that.
Thank you, Mr. PRESIDENT.

Expression of Personal Interest

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

Remarks by Senator J. VERNE SMITH

Mr. PRESIDENT and ladies and gentlemen of the Senate:


Printed Page 534 . . . . . Tuesday, January 20, 2004

I will be brief, as my friend from Charleston says and as he always starts off, sometimes he is and sometimes he isn't, but he always starts his remarks in that regard. General Lee, my all-time ideal of a high-class gentleman, when the war was over he told his fellow Southerners to forget all animosities and make your sons Americans. I think that was a great statement for a general of the army to make. Another thing that he said one time, that really touched my life was, "When a girl becomes a lady and a boy becomes a gentleman the requirement for that is to learn to deny yourself. And when you learn to deny yourself, a boy becomes a man and a girl becomes a lady."

On motion of Senator McCONNELL, with unanimous consent, the remarks of Senators RAVENEL, COURSON and J. VERNE SMITH were ordered printed in the Journal.

RECALLED

S. 731 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING SEASON AND OTHER FISHING REGULATIONS ON SLADE LAKE IN EDGEFIELD COUNTY, SO AS TO FURTHER SPECIFY THESE REGULATIONS AND TO ALSO PROHIBIT THE USE OF NONGAME FISHING DEVICES AND THE POSSESSION OF FIREARMS, GLASS CONTAINERS, AND ALCOHOL AND TO PROHIBIT LITTERING AND THE IMPROPER OPERATION OR PARKING OF MOTOR VEHICLES.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Fish, Game, and Forestry Committee.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 843 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO RECOGNIZE AND EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO R. LEWIS SHAW, SOUTH CAROLINA'S DEPUTY COMMISSIONER FOR ENVIRONMENTAL QUALITY CONTROL, FOR HIS DEDICATED AND DISTINGUISHED SERVICE TO THE DEPARTMENT OF


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HEALTH AND ENVIRONMENTAL CONTROL AND TO THE PEOPLE OF SOUTH CAROLINA, UPON HIS RETIREMENT FROM PUBLIC SERVICE.
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The Senate Resolution was adopted.

S. 844 (Word version) -- Senators McConnell, Moore, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Hutto, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND SECTION 33-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE OF THE RURAL ELECTRIC COOPERATIVE ACT, SO AS TO DELETE THE WORD "RURAL"; TO AMEND SECTION 33-49-20, RELATING TO DEFINITIONS UNDER THE ELECTRIC COOPERATIVES ACT, SO AS TO DELETE THE DEFINITION OF "RURAL AREA" AND ADD DEFINITIONS OF "COMMISSION" AND "CORRIDOR"; TO AMEND ARTICLE 1, CHAPTER 49 OF TITLE 33, BY ADDING SECTION 33-49-140, SO AS TO PROVIDE THAT CERTAIN RIGHTS AND AGREEMENTS ARE NOT AFFECTED BY THIS ACT; TO AMEND SECTION 33-49-210, RELATING TO THE PURPOSE OF ORGANIZATION OF COOPERATIVE NONPROFIT MEMBERSHIP CORPORATIONS, SO AS TO DELETE THE REFERENCE TO RURAL AREAS; TO AMEND SECTION 33-49-250, RELATING TO THE POWERS OF ELECTRIC COOPERATIVES, SO AS TO DELETE A REFERENCE TO RURAL AREAS AND TO PROVIDE THAT ELECTRIC COOPERATIVES HAVE THE RIGHT TO SERVE CERTAIN PREMISES IN AREAS ANNEXED BY MUNICIPALITIES OR NEWLY-INCORPORATED AREAS UNDER CERTAIN CIRCUMSTANCES AND WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 58-27-90, RELATING TO THE CONSTITUTIONAL RIGHTS AND POWERS OF MUNICIPALITIES, SO AS TO APPLY THE SECTION TO THE POWERS OF ELECTRIC COOPERATIVES; TO AMEND SECTION 58-27-100, RELATING TO MUNICIPAL POLICE REGULATIONS AND ORDINANCES, SO AS TO APPLY THE SECTION TO THE POWERS OF ELECTRIC COOPERATIVES; TO AMEND SECTION 58-27-670, RELATING TO ELECTRIC SERVICE IN AN AREA


Printed Page 536 . . . . . Tuesday, January 20, 2004

ANNEXED OR INCORPORATED BY A MUNICIPALITY, SO AS TO DELETE ANY REFERENCE TO RURAL OR RURAL AREAS AND TO PROVIDE THAT CERTAIN ELECTRICAL UTILITIES SHALL NOT PROVIDE SERVICE IN CERTAIN AREAS INCORPORATED OR ANNEXED BY A MUNICIPALITY AFTER THE EFFECTIVE DATE OF THIS ACT.
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Read the first time and referred to the Committee on Judiciary.

S. 845 (Word version) -- Senators Courson and Giese: A BILL TO PROVIDE THAT ALL POWERS, DUTIES, AND RESPONSIBILITIES OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION ARE DEVOLVED UPON THE RICHLAND COUNTY COUNCIL, EXCEPT FOR THOSE POWERS AND DUTIES RELATED TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, AUTHORITIES, OR ANY OTHER GOVERNMENTAL ENTITY THAT HAS REPRESENTATIVES ON ITS GOVERNING BOARD FROM MORE THAN ONE COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 846 (Word version) -- Senators Ryberg, Kuhn, Richardson, Moore, Gregory and Giese: A BILL TO AMEND SECTIONS 9-1-1810 AND 9-11-310, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COST-OF-LIVING ADJUSTMENTS IN RETIREMENT ALLOWANCES PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE CONTINGENCY IN THESE PROVISIONS PROVIDING THAT COST-OF-LIVING ADJUSTMENTS IN RETIREMENT ALLOWANCES MAY BE PAID ONLY IF THE INCREASED LIABILITIES RESULTING FROM THESE ADJUSTMENTS DO NOT REQUIRE AN INCREASE IN EMPLOYER CONTRIBUTIONS TO THESE SYSTEMS.
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Senator RYBERG spoke on the Bill.

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


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S. 847 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 46-17-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE AGRICULTURAL COMMODITY BOARDS, SO AS TO REVISE THESE QUALIFICATIONS.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

REPORTS OF STANDING COMMITTEES
Invitations Accepted

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

An invitation from the HARRY R. E. HAMPTON MEMORIAL WILDLIFE FUND and the SC CHAPTER OF THE NATIONAL WILD TURKEY FEDERATION to attend a reception at the State Museum on Tuesday, January 20, 2003, from 6:00 until 8:30 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the SC ASSOCIATION OF NURSE ANESTHETISTS to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, January 21, 2003, from 8:00 until 9:30 A.M.


Printed Page 538 . . . . . Tuesday, January 20, 2004

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the NATIONAL FEDERATION OF THE BLIND OF SC to attend a midday reception in Room 221 Blatt Bldg. on Wednesday, January 21, 2003, from 12:00 until 2:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the SC SOCIETY OF PROFESSIONAL ENGINEERS and AMERICAN COUNCIL OF ENGINEERING


Printed Page 539 . . . . . Tuesday, January 20, 2004

COMPANIES OF SC to attend a reception at the Summit Club on Wednesday, January 21, 2003, from 8:00 until 9:30 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the NATIONAL COSMETOLOGY ASSOCIATION OF SC to attend a breakfast in Room 221 Blatt Bldg. on Thursday, January 22, 2003, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

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


Printed Page 540 . . . . . Tuesday, January 20, 2004

An invitation from the SC TELEPHONE ASSOCIATION to attend a reception at the Columbia Museum of Art on Tuesday, January 27, 2003, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the SC ASSOCIATION OF CHRISTIAN SCHOOLS to attend a breakfast at the Holiday Inn City Center on Wednesday, January 28, 2003, from 7:45 until 8:45 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0


Printed Page 541 . . . . . Tuesday, January 20, 2004

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

An invitation from the SC CHAPTER OF THE AMERICAN INSTITUTE OF ARCHITECTS to attend a luncheon at the Capital City Club on Wednesday, January 28, 2003, from 12:00 until 2:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the CLARION TOWN HOUSE HOTEL to attend an oyster roast/frogmore stew reception at the Clarion Town House on Wednesday, January 28, 2003, from 6:00 until 9:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander

Printed Page 542 . . . . . Tuesday, January 20, 2004

Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

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

An invitation from the SC MANUFACTURERS ALLIANCE to attend a breakfast at the Clarion Town House Hotel on Thursday, January 29, 2003, from 8:00 until 9:30 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

TOTAL--11

NAYS

TOTAL--0

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

ADOPTED

H. 4497 (Word version) -- Reps. Wilkins, W.D. Smith, Harrison, Harrell, J. Brown, Cato, Witherspoon, Townsend and Chellis: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN A JOINT SESSION AT 7:00 P.M. ON


Printed Page 543 . . . . . Tuesday, January 20, 2004

WEDNESDAY, JANUARY 21, 2004, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Senator McCONNELL asked unanimous consent to take up H. 4497 for immediate consideration.

There was no objection.

On motion of Senator McCONNELL, the Concurrent Resolution was adopted, ordered returned to the House.

Committee to Escort

The PRESIDENT appointed Senators McCONNELL, COURSON, REESE, ALEXANDER and MALLOY to escort the Honorable Mark Sanford, Governor of South Carolina, and members of his party to the House of Representatives for the Joint Assembly.

EXECUTIVE SESSION

By prior motion of Senator HAYES, the Senate agreed to go into Executive Session.

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

MOTION ADOPTED

On motion of Senator MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Willie T. Varnish of Moncks Corner, S.C.

ADJOURNMENT

At 1:56 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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