Wednesday, March 29, 2006
(Statewide Session)
1522
WEDNESDAY, MARCH 29, 2006
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 Senator DRUMMOND as follows:
Beloved, hear words relevant to our day, written by St. Paul to the Romans (Chapter 13:1):
"Let every person be subject to the governing authorities. For there is no authority except from God..."
Let us pray.
Heavenly Father, we believe, with St. Paul, that You have established civil authority for the well-being of mankind.
We thank You that ordered government is a gift of God's love and not, primarily, an arbitrary creation of men and women.
Help us, O Lord, who bear the shuddering responsibility of the LAW in this place, to be aware of our calling to encourage, to enhance, and so control the exercise of government by and for our people that it is, as we shall say in our pledge to the flag, "UNDER GOD."
So, help us now, today, to guard and use our gifts of responsible leadership that our people may live in peace, with a measure of prosperity, respect for each other... and be known as the "Beloved Community."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
MESSAGE FROM THE GOVERNOR
The following appointment was transmitted by the Honorable Mark C. Sanford:
Statewide Appointment
Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008
5th Congressional District:
Robert A. Bruce, Kanawha Insurance Co., 210 South White Street, Lancaster, S.C. 29720 VICE Duane Hanson (resigned)
Referred to the Committee on Judiciary.
Doctor of the Day
Senators SETZLER and MOORE introduced Dr. Benjamin Nicholson of Edgefield, S.C., Doctor of the Day.
Leave of Absence
On motion of Senator GROOMS, at 2:05 P.M., Senator MESCHER was granted a leave of absence for today and tomorrow.
Expression of Personal Interest
Senator KNOTTS rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator GREGORY rose for an Expression of Personal Interest.
RECALLED
H.4821 -- Reps. Clemmons, Barfield, Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 139 IN HORRY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 701 IN THE TOWN OF LORIS TO ITS INTERSECTION WITH CANE BRANCH ROAD IN THE CITY OF CONWAY THE “AUSTIN M. ENZOR MEMORIAL HIGHWAY” AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS “AUSTIN M. ENZOR MEMORIAL HIGHWAY”.
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.4868 -- Reps. Taylor, Duncan and M.A.Pitts: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 30MAY 7, 2006, AS SOIL AND WATER STEWARDSHIP WEEK IN SOUTH CAROLINA AND TO COMMEND THE CONSERVATION DISTRICTS OF SOUTH CAROLINA FOR PROMOTING WISE AND RESPONSIBLE STEWARDSHIP OF OUR SOIL AND WATER.
Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Agriculture and Natural Resources.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
RECALLED AND ADOPTED
H.4898 -- Reps. Miller, Anderson, Agnew, Allen, Altman, 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, CobbHunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, 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, Mitchell, MoodyLawrence, 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 REQUEST THAT THE GEORGETOWN COUNTY COUNCIL AND THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES NAME THE SAMPIT RIVER BOAT PARK LANDING PROJECT THE “CARROLL ASHMORE CAMPBELL MARINE COMPLEX” IN HONOR OF ONE OF THE PALMETTO STATE’S MOST BELOVED LEADERS.
Senator McGILL asked unanimous consent to make a motion to recall the Resolution from the Committee on Fish, Game and Forestry.
There was no objection.
The Resolution was recalled from the committee.
Senator McGILL asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
On motion of Senator McGILL, the Concurrent Resolution was adopted, ordered returned to the House of Representatives.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1292 -- Senator Williams: A SENATE RESOLUTION TO CONGRATULATE MR. WARREN WINSTON SIMMONS ON THE OCCASION OF HIS EIGHTIETH BIRTHDAY, AND TO WISH HIM MUCH HAPPINESS AND SUCCESS IN THE FUTURE.
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The Senate Resolution was adopted.
S. 1293 -- Senators McConnell, Leatherman, Ritchie and Richardson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE PORTS AUTHORITY TO SELL ITS PARCEL OF LAND CONSISTING OF THIRTEEN HUNDRED PLUS ACRES LOCATED ON THE SOUTHERN AND WESTERN PORTIONS OF DANIEL ISLAND IN BERKELEY COUNTY AT THE HIGHEST PRICE AND UPON THE MOST FAVORABLE FINANCIAL TERMS IT CAN OBTAIN AND APPLY THE PROCEEDS TO THE CONSTRUCTION AND IMPROVEMENT OF ITS NEW TERMINAL FACILITIES LOCATED AT THE FORMER CHARLESTON NAVAL BASE IN CHARLESTON COUNTY.
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Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, the Joint Resolution was referred to the Committee on Finance.
S. 1294 -- Senators Knotts, Setzler, Thomas, Land, Richardson, Elliott, O'Dell, Hutto, Rankin and McGill: A BILL TO AMEND SECTION 17-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF CORONER, SO AS TO REVISE THE MANNER IN WHICH A VACANCY IS FILLED AND FOR THE MANNER IN WHICH THE DUTIES OF THE CORONER SHALL BE PERFORMED; TO AMEND SECTION 17-5-70, AS AMENDED, RELATING TO THE APPOINTMENT OF DEPUTIES BY THE COUNTY CORONER, SO AS TO PERMIT THE COUNTY CORONER TO ALSO APPOINT INVESTIGATORS AS WELL AS DEPUTIES AND TO MAKE THESE APPOINTMENTS DISCRETIONARY RATHER THAN MANDATORY; TO AMEND SECTION 17-7-10, RELATING TO ORDERING OF AUTOPSIES, SO AS TO REQUIRE THE CORONER AND MEDICAL EXAMINER TO IMMEDIATELY REQUEST AN AUTOPSY IF A CHILD'S DEATH IS UNATTENDED; TO AMEND SECTION 20-7-5915, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN REGARD TO INVESTIGATING CHILD DEATHS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AUTOPSIES ARE PERFORMED IN THESE CIRCUMSTANCES; TO AMEND SECTION 20-7-5920, AS AMENDED, RELATING TO THE DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE SHALL ALSO MEET WITH THE CORONER FROM THE COUNTY IN WHICH CHILD DEATHS OCCUR; AND TO REPEAL SECTION 17-5-80 RELATING TO A MAGISTRATE ACTING AS A CORONER IN CERTAIN CASES.
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Read the first time and referred to the Committee on Judiciary.
S. 1295 -- Senator Cromer: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16 OF THE 1976 CODE, RELATING TO MISCELLANEOUS CRIMES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-525 TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE.
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Read the first time and referred to the Committee on Judiciary.
S. 1296 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-410 THROUGH 59-53-440 AS SUBARTICLE 1 ENTITLED "GENERAL PROVISIONS" OF ARTICLE 5, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 5, CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE CREATION OF THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY AND TO PROVIDE FOR ITS POWERS AND DUTIES; AND BY ADDING SECTION 59-53-425 SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE TRIDENT TECHNICAL COLLEGE AREA COMMISSION FOR PURPOSES OF THE FURTHER DEVELOPMENT OF THE MAIN CAMPUS AND TO DEFINE CERTAIN TERMS.
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Read the first time and referred to the Committee on Education.
S. 1297 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE, RELATING TO OFFER OF JUDGMENT, AUTHORIZED PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
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Read the first time and ordered placed on the Calendar without reference.
S. 1298 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE THE SOUTH CAROLINA RULES OF APPELLATE PROCEDURE, RELATING TO COURT-ANNEXED ALTERNATIVE DISPUTE RESOLUTION RULES, AUTHORIZED PURSUANT TO THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
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Read the first time and ordered placed on the Calendar without reference.
S. 1299 -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND J. L. MANN HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING THE STATE CLASS AAA CHAMPIONSHIP AND TO WISH THE J. L. MANN GIRLS MUCH CONTINUED SUCCESS IN THE FUTURE.
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The Concurrent Resolution was adopted, ordered sent to the House.
REPORTS OF STANDING COMMITTEES
Invitations Accepted
Senator ALEXANDER from the Committee on Invitations has polled out the following invitations with a favorable report on:
Poll of the Invitations Committee
Polled 11; Ayes 11, Nays 0; Not Voting 0
AYES
Alexander Patterson McGill
Reese Knotts O'Dell
Elliott Ford Grooms
Verdin Campsen
Total--11
NAYS
Total--0
Tuesday, April 4, 2006 - 6:00-8:00 PM
Members of the Senate and Staff, Reception, Clarion Town House, by All Industry Council
Tuesday, April 4, 2006 - 7:00-9:00 PM
Members of the Senate and Staff, Reception, Capitol City Club, by SC World Trade Center
Wednesday, April 5, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC Aviation Association
Wednesday, April 5, 2006 - 11:00 AM - 2:00 PM
Members of the Senate, spouses, and staff, Lunch, State House Grounds, by SC Agriculture/ “A South Carolina Taste”
Wednesday, April 5, 2006 - 6:00-8:00 PM
Members of the Senate, Reception, Clarion Town House, by SC Petroleum Marketers
Thursday, April 6, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC Tobacco Collaborative
Tuesday, April 11, 2006 - 6:00-7:30 PM
Members of the Senate, “Washington Night”, at the Marriott by SC Chamber of Commerce
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S.510 -- Senator Leatherman: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT OF 2005, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 446110 SO AS TO PROVIDE THAT MEDICAID RECIPIENTS ARE DEEMED TO HAVE CONSENTED TO GENERIC PRESCRIPTION DRUG SUBSTITUTIONS; BY ADDING SECTIONS 446115, 446118, 446121, AND 446124 SO AS TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; BY ADDING SECTION 173340 SO AS TO ALLOW THE COMMISSION ON INDIGENT DEFENSE TO CARRY FORWARD UNPAID OBLIGATIONS AND PAY THEM FROM FUNDS APPROPRIATED FOR THE SUCCEEDING FISCAL YEAR; BY ADDING SECTIONS 561545 AND 561550 SO AS TO PROHIBIT THE SALE OF SOCIAL SECURITY NUMBERS BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE THAT NO FEE IS DUE ON ANNUAL LICENSE PLATE VALIDATION STICKERS FOR PUBLIC LAW ENFORCEMENT VEHICLES; BY ADDING SECTIONS 241295 AND 241300 SO AS TO ALLOW THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO RETAIN CANTEEN OPERATION REVENUES AND, PROVIDE FOR THEIR USE, PROVIDE THAT CANTEEN OPERATIONS MUST BE TREATED AS AN ENTERPRISE FUND, AND TO PROVIDE FOR THE USE OF SOCIAL SECURITY BENEFITS OF INMATES; BY ADDING SECTION 2421310 SO AS TO ALLOW THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO SET A PER DAY HOUSING AND FOOD CHARGE FOR THE OPERATION OF RESTITUTION CENTERS; BY ADDING SECTIONS 2076915, 2076920, 2076925, AND 2076930 SO AS TO PROVIDE FOR THE RELEASE FOR GOOD BEHAVIOR OF A CHILD COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, TO ALLOW THIS DEPARTMENT TO PLACE JUVENILES IN MARINE AND WILDERNESS OR OTHER COMMUNITY RESIDENCE PROGRAMS OPERATED BY NONGOVERNMENTAL ENTITIES, TO PROVIDE FOR THE EDUCATION OF JUVENILES COMMITTED TO THAT DEPARTMENT WHO HAVE BEEN ENROLLED IN BUT NOT COMPLETED A GED PROGRAM, TO PROVIDE FOR PAROLE CREDIT FOR TIME SPENT BY A JUVENILE IN A SECURE PREDISPOSITIONAL FACILITY; BY ADDING SECTION 1111335 SO AS TO PROVIDE FUNDING LEVELS FOR THE PROPERTY TAX RELIEF FUND; BY ADDING SECTIONS 2718195, 115290, 115300, AND 115310 SO AS TO PROVIDE THE NOTICE REQUIREMENT FOR THE STATE TREASURER FOR UNCLAIMED PROPERTY, TO ALLOW THE STATE TREASURER TO CHARGE AN INVESTMENT FEE, TO PROVIDE FOR ELECTRONIC QUARTERLY PUBLICATION OF STATE FINANCES, AND TO ALLOW THE STATE TREASURER TO CHARGE THE ACTUAL COSTS OF ADMINISTERING AND MANAGING STATE DEBT; BY ADDING SECTION 1111165 SO AS TO ALLOW AGENCIES A PARTIAL CARRY FORWARD OF UNEXPENDED APPROPRIATIONS AND THE OPERATION OF THIS CARRY FORWARD; BY ADDING SECTION 12372738 SO AS TO PROVIDE A ZERO BALANCE IN THE PERSONAL PROPERTY TAX RELIEF FUND AND PROVIDE THROUGH THE PROPERTY TAX RELIEF FUND FOR A SHORTFALL IN REVENUE IN A COUNTY IN WHICH IS IMPOSED THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND TO PROVIDE THAT REFERENCES TO NUMBERED PARAGRAPHS OF TEMPORARY LAWS IN THE GENERAL APPROPRIATIONS ACT ARE FOR IDENTIFICATION PURPOSES ONLY.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
S.862 -- Senators Cleary, Ford, Hutto, Knotts, Malloy, Cromer, Drummond, Setzler, Land, Short, Scott, Bryant, Anderson and Elliott: A BILL TO AMEND SECTION 154130 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO PROVIDE THAT THE EXEMPTION GRANTED TO A DEBTOR’S INTEREST IN PROPERTY USED AS A DEBTOR’S RESIDENCE DOES NOT EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THE EXCEPTION FOR THE AGGREGATE VALUE OF MULTIPLE HOMESTEAD EXEMPTIONS NOT EXCEED THREE HUNDRED THOUSAND DOLLARS.