South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Thursday, January 19, 2006
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear the words of the Psalmist, when he sang (Psalm 24:3):

"Who may ascend into the hill of the Lord?

Or who may stand in His Holy Place?

He who has clean hands and a pure heart!"

Let us pray.

Our Father, we pray for the family of Senator TOMMY MOORE, who are gathered at this hour preparing for the burial of his father, Lucius! Give each one a full measure of spiritual gifts to make them strong in the passing of a father and grandfather.

We pray Father for our soldiers, our President, the Congress of the United States, our Governor and our legislature that the law of our land may be led this day by the Spirit of the Living God.
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 State Board of Financial Institutions, with term to commence June 30, 2004, and to expire June 30, 2008

SC Bankers Association - Banker:

Mr. J. Neal Anderson, Anderson Brothers Bank, P. O. Box 400, Hemingway, S.C. 29554 VICE Herbert Watts

Referred to the Committee on Banking and Insurance.

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2004, and to expire June 30, 2008

Credit Unions:

Rick Hammond, President and CEO, SC State Credit Union, P. O. Box 726, Columbia, S.C. 29202

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2005, and to expire June 30, 2009

SC Bankers Association - Banker:

Rick Saunders, Board of Financial Institutions, 2170 West Palmetto St., Florence, S.C. 29569 VICE Paul Stringer

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2005, and to expire June 30, 2009

Consumer Financial Institutions:

A. Gregory Williams, 100 Roscommon Run, Moore, S.C. 29369 VICE Albert Jackson

Referred to the Committee on Banking and Insurance.

Reappointment, South Carolina Department of Archives and History, with term to commence June 30, 2004, and to expire June 30, 2009

At-Large:

William R. Bauer, 823 Calhoun St., Columbia, S.C. 29201

Referred to the Committee on Education.

Initial Appointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 2003, and to expire June 30, 2006

South Carolina:

Dr. Malcolm McLeod Rhodes, 7 Guerard Rd., Charleston, S.C. 29407 VICE David Cupka

Referred to the Committee on Fish, Game and Forestry.

Reappointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 2006, and to expire June 30, 2009

South Carolina:

Dr. Malcolm McLeod Rhodes, 7 Guerard Rd., Charleston, S.C. 29407

Referred to the Committee on Fish, Game and Forestry.

Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2004, and to expire June 30, 2008

1st Congressional District:

Alpha "Al" Ted Bailey, Bailey Specialties, Inc., 2206 North Main St., Summerville, S.C. 29483 VICE Caleb Davis

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2005, and to expire June 1, 2009

Speech-Language Pathologist:

Lily Nalty, 88 Hillmark Dr., Columbia, S.C. 29210 VICE Martha S. McDade

Referred to the Committee on Medical Affairs.

Leave of Absence

On motion of Senator SETZLER, at 11:05 A.M., Senator DRUMMOND was granted a leave of absence for today.

S. 709--CO-SPONSOR ADDED

S. 709 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 18 SO AS TO ENACT THE "MERCURY SWITCH REMOVAL ACT OF 2005" IN ORDER TO ACHIEVE REDUCTIONS OF MERCURY IN THE ENVIRONMENT THROUGH REMOVAL AND COLLECTION OF MERCURY SWITCHES FROM MOTOR VEHICLES WEIGHING LESS THAN TWELVE THOUSAND POUNDS; TO PROVIDE THAT EVERY MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE TO WHICH THIS CHAPTER APPLIES SHALL DEVELOP A MERCURY MINIMIZATION PLAN TO BE FILED WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR CERTAIN COSTS WITH REGARD TO THE COLLECTION AND RECOVERY OF MERCURY SWITCHES TO BE PAID BY THE VEHICLE MANUFACTURER; TO PROVIDE FOR OTHER RELATED PROVISIONS PERTAINING TO THE RECYCLING, STORAGE, AND DISPOSAL OF MERCURY SWITCHES, INCLUDING DESIGNATING MERCURY SWITCHES AS UNIVERSAL WASTE AND REQUIRING THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE MANAGEMENT OF THESE SWITCHES; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 709.

S. 1021--CO-SPONSOR ADDED

S. 1021 (Word version) -- Senator Grooms: A BILL TO REQUIRE A SPECIAL CALCULATION OF THE ROLLBACK PROPERTY TAX MILLAGE IMPOSED FOR SCHOOL OPERATIONS IN BERKELEY COUNTY IN LIEU OF THE ROLLBACK MILLAGE CALCULATED IN THE MANNER PROVIDED BY GENERAL LAW.

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of S. 1021.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1063 (Word version) -- Senator Malloy: A SENATE RESOLUTION WELCOMING NATIVE SON MR. TYRON STUCKS MCFARLAN, JR. BACK TO COLUMBIA, SOUTH CAROLINA, AND WISHING HIM CONTINUED SUCCESS AS THE RINGMASTER IN THE 135TH EDITION OF THE RINGLING BROTHERS AND BARNUM & BAILEY CIRCUS.
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The Senate Resolution was adopted.

S. 1064 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTION 50-3-180, AS AMENDED, RELATING TO THE MITIGATION TRUST FUND, AS ARTICLE 12 OF CHAPTER 3 OF TITLE 50, TO FURTHER PROVIDE FOR THE AUTHORITY OF THE TRUSTEES OF THE FUND, THE PURPOSES OF THE FUND, AND USES FOR WHICH THE FUND MAY BE EXPENDED; TO REPEAL SECTION 50-1-310, RELATING TO THE MITIGATION TRUST FUND.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1065 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-37-712, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCESS TO A MARINA AND ITS BUSINESS RECORDS FOR THE PURPOSE OF MAKING PROPERTY TAX ASSESSMENTS, SO AS TO DEFINE "BUSINESS RECORDS" FOR PURPOSES OF THIS SECTION.
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Read the first time and referred to the Committee on Finance.

S. 1066 (Word version) -- Senators Campsen, Grooms and Bryant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-275 SO AS TO REPLACE CALCULATION AND IMPOSITION OF A ROLLBACK PROPERTY TAX MILLAGE RATE FOR YEARS OF IMPLEMENTATION OF A COUNTYWIDE ASSESSMENT AND EQUALIZATION WITH A MILLAGE RATE CALCULATED TO PRODUCE NO MORE THAN ONE PERCENT ADDITIONAL PROPERTY TAX REVENUE, INCLUDING AN ALLOWANCE FOR REVENUE GROWTH, ABOVE SUCH REVENUE IN THE PRECEDING YEAR; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO MILLAGE RATE LIMITATIONS ON LOCAL GOVERNING BODIES, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT; AND TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING MILLAGE AND CALCULATION OF THE ROLLBACK TAX SO AS TO DELETE THE ROLLBACK TAX PROVISIONS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
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Read the first time and referred to the Committee on Finance.

H. 4365 (Word version) -- Rep. Rhoad: A BILL TO AMEND SECTION 7-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DELETE ARCHAIC LANGUAGE, TO DELETE A SPECIFIC REFERENCE TO A VOTING PLACE, AND TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BAMBERG COUNTY REGISTRATION AND ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BAMBERG COUNTY LEGISLATIVE DELEGATION.

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

H. 4441 (Word version) -- Reps. Harrell, Harrison, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, MARCH 1, 2006.

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

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1036 (Word version) -- Senator Hayes: A BILL TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 967 OF 1962, AS AMENDED, RELATING TO YORK COUNTY COMMISSION FOR TECHNICAL EDUCATION AS SECTIONS 59-53-1310, 59-53-1320, 59-53-1330, AND 59-53-1340 OF THE 1976 CODE TO BE CONTAINED IN ARTICLE 16, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "YORK COMMISSION FOR TECHNICAL EDUCATION"; AND TO AMEND ARTICLE 16, CHAPTER 53 OF TITLE 59, RELATING TO THE YORK COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ADD A MEMBER TO THE COMMISSION FROM CHESTER COUNTY AND A MEMBER FROM LANCASTER COUNTY, TO PROVIDE FOR THEIR APPOINTMENTS AND TERMS OF OFFICE; AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

On motion of Senator HAYES, with unanimous consent, the Bill was read the third time and sent to the House.

S. 1036--Co-Sponsors Added

On motion of Senator PEELER, with unanimous consent, the names of Senators PEELER, SHORT and GREGORY were added as co-sponsors of S. 1036.

ADOPTED

H. 4247 (Word version) -- Reps. Mack, Breeland, Whipper, R. Brown, Limehouse, Harrell, Altman, Hagood and Scarborough: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 26 AND UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY THE "LUCILLE S. WHIPPER INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LUCILLE S. WHIPPER INTERCHANGE".

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

CARRIED OVER

S. 800 (Word version) -- Senators Sheheen and Hawkins: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS AND PROVIDE FOR A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IF INJURY TO A CHILD RESULTS FROM A VIOLATION.

Senator HAWKINS explained the Bill.

On motion of Senator HAWKINS, with unanimous consent, the Bill was carried over.

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

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

RECESS

At 11:18 A.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed three minutes.

At 11:25 A.M., the Senate resumed.

ACTING PRESIDENT PRESIDES

At 11:38 A.M., Senator MARTIN assumed the Chair.

MOTION ADOPTED

On motion of Senators HUTTO, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lucius Lawrence Moore, Jr. of Clearwater, S.C., beloved father of Senator Thomas L. Moore.

ADJOURNMENT

At 11:39 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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