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

Tuesday, March 25, 2008
(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:

The book of Deuteronomy closes with this tribute to Moses:

"Never since has there arisen a prophet in Israel like Moses, whom the Lord knew face to face."     (Deuteronomy 34:10)
Your faithfulness through the centuries is astounding, O Lord. You guided and directed Moses throughout the challenges he faced, and You have promised to do the same for us. We thank You for Your servant, Moses, and we equally thank You for these, Your servants, who seek to honor You here during the 117th Session of this Senate. Be with each and every Senator, with all of their staff members, and with all others who serve You in this State Capitol complex. May they all-rather like Moses-be remembered for the good they accomplish in this place. In Your name we pray, Lord.
Amen.

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

Leave of Absence

At 12:05 P.M., Senator SCOTT requested a leave of absence beginning at 2:00 P.M. today.

S. 1149 (Word version)     Sen. Knotts

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1222 (Word version) -- Senator Alexander: A SENATE RESOLUTION CONGRATULATING BONNIE WILLIAMS FOR RECEIVING NATIONAL RECOGNITION FOR HER EDITORIAL WRITING.
l:\s-res\tca\010bonn.mrh.doc

S. 1223 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION RECOGNIZING THE DILIGENT EFFORTS OF HOME SCHOOLING PARENTS AND THE ACADEMIC SUCCESS OF THEIR STUDENTS, EXPRESSING SINCERE APPRECIATION FOR THEIR FOCUS ON THE WELL-BEING AND OVERALL ACHIEVEMENTS OF THEIR CHILDREN, AND DECLARING APRIL 2008, HOME SCHOOL RECOGNITION MONTH.
l:\s-res\jec\024home.dag.doc

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

S. 1224 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 133, TITLE 59 OF THE 1976 CODE, RELATING TO FRANCIS MARION UNIVERSITY, BY ADDING ARTICLE 3 TO PROVIDE FOR FRANCIS MARION UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS.
l:\s-res\hkl\019frmu.dag.doc

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

S. 1225 (Word version) -- Senators Leatherman and Courson: A JOINT RESOLUTION TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS BY WHICH THE REVENUE BONDS MAY BE ISSUED.
l:\s-res\hkl\021uscr.dag.doc

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

S. 1226 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREDIT AGAINST THE STATE'S INCOME, BANK, OR INSURANCE PREMIUM TAX FOR THE CREATION OF NEW FULL-TIME JOBS, SO AS TO PROVIDE FOR AN ENHANCED CREDIT FOR HEADQUARTERS GENERALLY AND SPECIFICALLY FOR COMPANIES WHO CREATE FEWER JOBS BUT AT A HIGHER RATE OF COMPENSATION; TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE TAX CREDIT FOR ESTABLISHING OR EXPANDING HEADQUARTERS IN THIS STATE, SO AS TO CHANGE "CORPORATION" TO "TAXPAYER" REFLECTING THAT THE QUALIFYING HEADQUARTERS DO NOT HAVE TO BE CORPORATE, AND TO DEFINE "TAXPAYER"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO DELETE THE REFERENCE TO "CORPORATE" IN CONNECTION WITH HEADQUARTERS; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR UTILITIES INFRASTRUCTURES, SO AS TO CLARIFY THAT THE CREDITS MAY BE USED ONLY IN CONNECTION WITH INDUSTRIAL OR COMMERCIAL PARKS, OR BOTH, USED FOR ECONOMIC DEVELOPMENT, TO CLARIFY THAT WASTEWATER AND ENVIRONMENTAL COSTS ARE PART OF THE INFRASTRUCTURE, AND TO RAISE THE AGGREGATE AMOUNT OF THE CREDIT; TO AMEND SECTIONS 12-44-30, 4-12-10, AND 4-29-67, ALL AS AMENDED, ALL RELATING TO DEFINITIONS IN CONNECTION WITH VARIOUS FEES IN LIEU OF TAX PROVISIONS, ALL SO AS TO INCLUDE IN THE DEFINITION OF "PROJECT" AN AIRPLANE HANGERED OR USING AN AIRPORT IN A COUNTY, IF THE COUNTY CONSENTS; AND TO AMEND SECTIONS 12-44-120, 4-12-30, AND 4-29-67, ALL AS AMENDED, ALL RELATING TO A COUNTY'S PRIOR APPROVAL OR LATER RATIFICATION OF TRANSFER OF ITS AGREEMENTS IN CONNECTION WITH A FEE IN LIEU OF TAXES TRANSACTION, SO AS TO PROVIDE THREE DIFFERENT METHODS FOR EVIDENCING ITS APPROVAL OR RATIFICATION.
l:\council\bills\agm\19166mm08.doc

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

S. 1227 (Word version) -- Senator Land: A BILL TO AMEND SECTION 30-5-10 AND 30-5-12 OF THE 1976 CODE, RELATING TO THE REGISTER OF DEEDS, TO ADD CLARENDON COUNTY TO THE LIST OF COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT AND TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL APPOINT THE REGISTER OF DEEDS.
l:\s-res\jcl\003cler.dag.doc

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

S. 1228 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE MRS. KATHERINE STALLINGS DUNLAP OF LEXINGTON COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A CENTENARY YEAR FILLED WITH HEALTH AND HAPPINESS.
l:\council\bills\rm\1388ac08.doc

S. 1229 (Word version) -- Senator Leventis: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JULY 1, 2011, THE BOARDS OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17 MAY NOT ENTER INTO CONTRACTS TO CONSTRUCT BUILDINGS OR OTHERWISE IMPROVE REAL PROPERTY AT A COST OF FIVE HUNDRED THOUSAND DOLLARS OR MORE WITHOUT THE APPROVAL OF THE SUMTER CONSOLIDATION TRANSITION COMMITTEE.
l:\council\bills\gjk\20603sd08.doc

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

REPORTS OF STANDING COMMITTEES

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 987 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-21-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF BOATING LAWS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT, THE AUTHORITY OF ALL LAW ENFORCEMENT OFFICERS TO ENFORCE THESE PROVISIONS, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND THE IMPLIED CONSENT FOR A BREATH TEST TO DETERMINE BLOOD ALCOHOL LEVELS, SO AS TO FURTHER PROVIDE FOR PROCEDURAL MATTERS IN REGARD TO THESE TESTS; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO DUTIES OF A VESSEL OPERATOR INVOLVED IN A COLLISION, SO AS TO FURTHER PROVIDE FOR THESE DUTIES INCLUDING WHEN AN ACCIDENT REPORT IS REQUIRED AND TO STIPULATE THE PERSONS AND ENTITIES WHO MAY OBTAIN A COPY OF THE REPORT; BY ADDING SECTION 50-21-118 SO AS TO PROVIDE THAT THE OPERATOR OF A WATERCRAFT IS STRICTLY LIABLE FOR THE ACTIONS AND CONDUCT OF ALL PERSONS ON BOARD AND ANY PERSONS BEING TOWED BY THE WATERCRAFT; TO AMEND SECTION 50-21-175, AS AMENDED, RELATING TO WATERCRAFT REQUIRED TO HEAVE, SO AS TO PROVIDE THAT THE MAGISTRATES COURT RETAINS JURISDICTION OVER VIOLATIONS OF THIS SECTION; BY ADDING SECTION 50-21-190 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO ABANDON A WATERCRAFT OR OUTBOARD MOTOR ON THE PUBLIC LANDS OR WATERS OF THIS STATE OR ON PRIVATE PROPERTY WITHOUT PERMISSION OF THE PROPERTY OWNER AND TO ALSO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION AND REGULATORY MARKERS, SO AS TO PROVIDE THAT ALL NO WAKE ZONES HERETOFORE ESTABLISHED ARE CONSIDERED ESTABLISHED PURSUANT TO THE AUTHORITY OF THIS SECTION; AND TO REPEAL SECTIONS 50-21-132, 50-21-133, 50-21-135, 50-21-136, 50-21-137, 50-21-138, 50-21-139, 50-21-142, 50-21-143, 50-21-144, 50-21-145, 50-21-147, AND 50-21-149 RELATING TO NO WAKE ZONES OR OTHER REGULATION OF WATERCRAFT ACTIVITIES.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 1122 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-515 SO AS TO PERMIT AMERICAN INDIAN ARTISTS WHO ARE MEMBERS OF A TRIBE RECOGNIZED BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS TO ADVERTISE AND SELL THEIR ARTS AND CRAFTS CONTAINING WILD TURKEY FEATHERS UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 1150 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-13-1630 OF THE 1976 CODE, RELATING TO UNLAWFUL IMPORTATION, POSSESSION, OR SELLING OF CERTAIN FISH AND SPECIAL PERMITS FOR RESEARCH, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MUST PERFORM A STERILITY TEST ON WHITE AMUR OR GRASS CARP HYBRIDS PERMITTED TO BE RELEASED INTO THE WATERS OF THIS STATE, TO PROVIDE THAT THE DEPARTMENT MAY CHARGE A FEE FOR THE STERILITY TEST TO OFFSET THE COSTS OF THE STERILITY TEST, TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A PERMIT FOR THE IMPORTATION, BREEDING, AND POSSESSION OF NON-STERILE WHITE AMUR OR GRASS CARP HYBRIDS, AND TO PROVIDE THAT NON-STERILE WHITE AMUR AND GRASS CARP HYBRIDS IMPORTED, BRED, OR POSSESSED MAY NOT BE RELEASED INTO THE WATERS OF THIS STATE.

Ordered for consideration tomorrow.

Senator KNOTTS from the Committee on Invitations polled out H. 4842 favorable:

H. 4842 (Word version) -- 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.

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

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4492 (Word version) -- Reps. Young, Harrell and Hutson: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, 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 CORRECT CERTAIN REFERENCES.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 187 (Word version) -- Senators Gregory, Vaughn, Knotts and Lourie: A BILL TO AMEND SECTION 41-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF USING TOBACCO PRODUCTS OUTSIDE OF THE WORKPLACE AS THE BASIS FOR TAKING A PERSONNEL ACTION AGAINST AN EMPLOYEE, SO AS TO AUTHORIZE AN EMPLOYER TO ADVERTISE FOR NONSMOKER EMPLOYEES AND DESIGNATE IN HIS ADVERTISEMENT THAT THE WORKPLACE IS A NONSMOKING ENVIRONMENT.

S. 343 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-910 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE FEES, TO PROVIDE THAT FEES BE PLACED IN THE STATE HIGHWAY ACCOUNT OF THE TRANSPORTATION INFRASTRUCTURE BANK INSTEAD OF THE DEPARTMENT OF TRANSPORTATION.

CARRIED OVER

S. 905 (Word version) -- Senators Campsen, Elliott, Cromer, Ceips and Bryant: A BILL TO ENACT THE "BEACHFRONT FINANCE ACT" BY AMENDING CHAPTER 1, TITLE 6 OF THE 1976 CODE, BY ADDING SECTION 6-1-580, RELATING TO THE LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY ISSUE BONDS TO FINANCE THE COST OF CONTROLLING AND REPAIRING WATERFRONT EROSION, BY AMENDING SECTION 6-4-15, RELATING TO THE STATE ACCOMMODATIONS TAX, TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY ISSUE BONDS TO FINANCE THE COST OF CONTROLLING AND REPAIRING WATERFRONT EROSION, BY AMENDING SECTION 6-4-20(B), RELATING TO THE STATE ACCOMMODATIONS TAX, TO PROVIDE THAT THE STATE TREASURER SHALL NOT WITHHOLD ACCOMMODATION TAX FUNDS FROM A LOCAL GOVERNMENT THAT COLLECTS FOUR HUNDRED THOUSAND DOLLARS OR MORE IF THE LOCAL GOVERNMENT HAS WITHIN ITS BOUNDARIES A BEACH THAT IS RANKED AMONG THE MOST AT-RISK BEACHES IN THE STATE BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, TO PROVIDE THAT A LOCAL GOVERNMENT WITH ONE OF THE MOST AT-RISK BEACHES WITHIN ITS BOUNDARIES MAY ISSUE A BEACH RENOURISHMENT BOND OR MAY USE THE FUNDS RETAINED FOR THE PURPOSE OF CONTROLLING OR REPAIRING WATERFRONT EROSION, AND BY AMENDING CHAPTER 40 OF TITLE 48, RELATING TO THE BEACH RESTORATION AND IMPROVEMENT TRUST ACT, BY ADDING SECTION 48-40-70, TO REQUIRE THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT TO RANK THE MOST AT-RISK BEACHES IN THE STATE IN ITS ANNUAL STATE OF THE BEACHES REPORT.

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

S. 1182 (Word version) -- Senator Grooms: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO STUDY THE FEASIBILITY AND BENEFITS OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF TRANSPORTATION INFRASTRUCTURE THROUGH THE UTILIZATION OF PUBLIC PRIVATE PARTNERSHIPS AND VENTURES AND TO PROVIDE FOR THE OPERATIONS OF THE STUDY COMMITTEE.

Senator GROOMS explained the Joint Resolution.

On motion of Senator GROOMS, the Resolution was carried over.

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

S. 490 (Word version) -- Senators McConnell, Martin, Peeler, Leventis, Ryberg, Knotts, Ford, Campsen and Vaughn: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE HOURLY RATE.

Senator MARTIN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

MOTION TO MAKE THE BILL A SPECIAL ORDER FAILED

S. 797 (Word version) -- Senators Hutto, Land and Lourie: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON AT LEAST SIX AND NOT OVER SIXTEEN YEARS OF AGE MUST COMPLETE A SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND MUST ALSO MEET AGE REQUIREMENTS SPECIFIC TO THE VEHICLE, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

Senator HUTTO moved that the Bill be made a Special Order.

Senator HUTTO spoke on the motion.

By a division vote of 15-18, the motion to make the Bill a Special Order failed.

S. 1070 (Word version) -- Senators Peeler, Ryberg, Knotts, Hawkins, Ford and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 10 SO AS TO REQUIRE DRUG TESTING FOR A CANDIDATE FOR A POPULARLY-ELECTED OFFICE.

Senator MARTIN moved to make the Joint Resolution a Special Order.

Senator HUTTO spoke on the Joint Resolution.

By a division vote of 18-9, the Resolution was made a Special Order.

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

Expression of Personal Interest

Senator RYBERG rose for an Expression of Personal Interest.

On motion of Senators McGILL and GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Mildred Wingard Twilley of Clearwater, S.C., beloved mother of Eddie Twilley of Mead Westvaco.

and