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, we remember the words of President Lincoln dedicating the Cemetery at Gettysburg (1863):

"It is for us, the living, rather to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us... that we here highly resolve that the dead shall not have died in vain, that this nation, under God, shall have a new birth of freedom; and that government of the people, by the people, and for the people, shall not perish from the earth."
Let us pray.

O God of the nations: we hear that call across the years of struggle and suffering. To the fulfillment of that vision, we, here, now, rededicate our minds, our wills and our strength.

So help us Lord, God!
Amen.

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

The following appointment was transmitted by the Honorable James H. Hodges:

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 1999, and to expire June 30, 2003

3rd Congressional District

Louisiana W. Wright, 1112 Residence Drive, Aiken, S.C. 29801 VICE Rodney L. Grandy

Referred to the Committee on Medical Affairs.

On motion of Senator PASSAILAIGUE, at 11:05 A.M., Senator REESE was granted a leave of absence for the balance of the week.

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

Senator J. VERNE SMITH introduced Dr. J. Rutledge Lawson of Greenville, S.C., Doctor of the Day.

S. 277 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 2-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF RECORDS, SO AS TO MAKE AUDIT WORKING PAPERS OF THE LEGISLATIVE AUDIT COUNCIL CONFIDENTIAL AND TO PROVIDE THAT THESE PAPERS AND ALL RECORDS OF THE COUNCIL WITH THE EXCEPTION OF FINAL AUDIT REPORTS ARE NOT SUBJECT TO PUBLIC DISCLOSURE.

On motion of Senator McCONNELL, with unanimous consent, the Bill was recalled from the Committee on Finance and ordered committed to the Committee on Judiciary.

The following were introduced:

S. 310 (Word version) -- Senators Anderson, Ford, Elliott, Reese, Patterson, Glover, Ravenel and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-665 SO AS TO REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO NOTIFY A PERSON AFTER HE HAS SERVED HIS PAROLE AND THE APPROPRIATE COUNTY BOARD OF REGISTRATION THAT THE PERSON IS ELIGIBLE TO VOTE.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 311 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-530 SO AS TO REQUIRE ALL CERTIFIED EMPLOYEES AT A PUBLIC MIDDLE OR HIGH SCHOOL AND ALL CERTIFIED SCHOOL DISTRICT EMPLOYEES TO TEACH ONE COURSE ONE SEMESTER EACH SCHOOL YEAR, TO PROVIDE EXCEPTIONS, AND TO DIRECT THE DEPARTMENT OF EDUCATION TO PROMULGATE REGULATIONS ESTABLISHING EXEMPTIONS.
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Read the first time and referred to the Committee on Education.

S. 312 (Word version) -- Senators Verdin, Grooms, Fair and Thomas: A BILL TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY

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

S. 313 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO COMMEND JEFFERY GOSSETT OF DUNCAN FOR HIS BRAVERY IN HIS SUCCESSFUL EFFORTS TO HELP SAVE A MOTORIST STRANDED ON A TRAIN TRACK WHILE THE TRAIN WAS APPROACHING.
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The Senate Resolution was adopted.

S. 314 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO COMMEND POLICE OFFICER KIP TEAL OF LYMAN WHO RISKED HIS LIFE TO EXTRICATE THE DRIVER OF A STRANDED CAR RESTING ON TRAIN TRACKS WHILE A TRAIN WAS APPROACHING, ALL IN THE LINE OF DUTY, AND RECOGNIZE HIM UPON HIS RECEIVING THE MEDAL OF VALOR FROM THE SOUTH CAROLINA POLICE CHIEF'S ASSOCIATION IN CONNECTION WITH THIS INCIDENT.
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The Senate Resolution was adopted.

H. 3032 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

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

H. 3046 (Word version) -- Reps. Harrison, Altman and Jennings: A BILL TO AMEND SECTION 2-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL EFFECTIVE DATE OF ACTS AND JOINT RESOLUTIONS, SO AS TO MAKE ALL ACTS WHICH IMPOSE A CRIMINAL PENALTY

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

H. 3270 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION STARTING WITH THE ELECTIONS IN 2004.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3276 (Word version) -- Reps. Klauber, Harrison, Fleming and J. Young: A BILL TO AMEND SECTION 7-13-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION SO AS TO PROVIDE THAT A CANDIDATE NOMINATED BY MORE THAN ONE PARTY MAY NOT HAVE THE AGGREGATE OF ALL VOTES RECEIVED COUNTED TO DETERMINE THE WINNER IN AN ELECTION AND TO PROVIDE THAT THE ONLY VOTES RECEIVED AS A CANDIDATE FOR EACH PARTY NOMINEE MAY BE USED TO DETERMINE THE WINNER IN AN ELECTION.

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

H. 3496 (Word version) -- Reps. Sharpe, Battle, Bowers, R. Brown, Clyburn, Coates, Emory, Gourdine, Lloyd, Loftis, McLeod, Miller, J.M. Neal, Ott, Perry, Rhoad, Scarborough, D.C. Smith, Stille, Trotter, Webb, Whatley and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 17-24, 2001.

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

H. 3518 (Word version) -- Reps. Wilkins and Townsend: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2001, AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH."

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

H. 3519 (Word version) -- Reps. Cooper, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G M. Smith, J E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO ENDORSE THE NATIONAL PROCLAMATION OF NATIONAL HEART FAILURE AWARENESS WEEK AND TO ENCOURAGE THE

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

H. 3521 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D.C. Smith: A CONCURRENT RESOLUTION TO COMMEND THE NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS DRILL TEAM OF SILVER BLUFF HIGH SCHOOL FOR THEIR OUTSTANDING PERFORMANCE IN WINNING THE 2001 SOUTH CAROLINA STATE DRILL MEET AND THE STATE DRILL CHAMPIONSHIP, AND TO CONGRATULATE THE DRILL TEAM MEMBERS, THEIR NAVEL JUNIOR ROTC INSTRUCTORS, SCHOOL OFFICIALS, FACULTY, AND STAFF OF SILVER BLUFF HIGH SCHOOL ON THE OCCASION OF THE SILVER BLUFF HIGH SCHOOL DRILL TEAM WINNING THE STATE DRILL CHAMPIONSHIP FOR THE THIRD YEAR IN A ROW AND BEING SELECTED TO REPRESENT THE NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS AREA SIX IN THE UPCOMING NATIONAL DRILL COMPETITION TO BE HELD IN PENSACOLA, FLORIDA.

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

Senator WILSON from the Committee on Transportation submitted a favorable report on:

S. 189 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF WOODRUFF ROAD FROM THE I-85 INTERCHANGE TO THE I-385 INTERCHANGE IN GREENVILLE COUNTY AS THE "TROOPER FIRST CLASS ERIC F. NICHOLSON MEMORIAL HIGHWAY" IN MEMORY OF TROOPER FIRST CLASS ERIC F. NICHOLSON WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3421 favorable:

H. 3421 (Word version) -- Reps. Wilkins and Harrison: 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, FEBRUARY 21, 2001.

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauér                     Richardson

Senator COURSON spoke on the Concurrent Resolution.

Ordered for consideration tomorrow.

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

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

S. 306 (Word version) -- Senator Branton: A BILL TO RESTORE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY

By prior motion of Senator BRANTON

S. 75 (Word version) -- Senators Leventis, Ford, Hayes, Elliott, Reese and Rankin: A BILL TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THE PARENT OR LEGAL GUARDIAN, INSTEAD OF THE WOMAN, WHO HAS LEGAL CUSTODY AND THE DUTY OF CARE FOR A CHILD UNDER THE AGE OF SEVEN SHALL BE EXCUSED FOR JURY DUTY UPON FURNISHING AN AFFIDAVIT TO THAT EFFECT TO THE CLERK OF COURT.

Senator LEVENTIS spoke on the Bill.

S. 207 (Word version) -- Senator Holland: A JOINT RESOLUTION TO REESTABLISH A TASK FORCE TO STUDY, MAKE RECOMMENDATIONS, AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ENSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.

S. 233 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.

S. 235 (Word version) -- Senators McConnell and Branton: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.

S. 220 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY THE INTERNAL REVENUE SERVICE IN CONNECTION WITH

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

S. 158 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC EMPLOYMENT, BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT A MALE EIGHTEEN YEARS OF AGE OR OLDER FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON IS IN COMPLIANCE WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT; AND TO AMEND CHAPTER 101 OF TITLE 59, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-375, SO AS TO PROHIBIT AN INDIVIDUAL FROM RECEIVING A LOAN, GRANT, SCHOLARSHIP, OR OTHER FINANCIAL ASSISTANCE FUNDED BY STATE REVENUE, FEDERAL FUNDS, OR GIFTS AND GRANTS ACCEPTED BY THE STATE OR FROM RECEIVING A STUDENT LOAN GUARANTEED BY THE STATE UNLESS THE INDIVIDUAL FILES A STATEMENT OF THE INDIVIDUAL'S SELECTIVE SERVICE STATUS.

Senator GIESE explained the Bill.

H. 3326 (Word version) -- Reps. Wilder, Carnell, Stille, Hayes and Taylor: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MARCH, 2001, AS NATIONAL ATHLETIC TRAINING MONTH IN SOUTH CAROLINA, AND TO RECOGNIZE THE ATHLETIC TRAINING PROFESSION AND ITS IMPORTANCE IN MAINTAINING QUALITY HEALTH CARE.

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

H. 3458 (Word version) -- Reps. Quinn and Wilkins: A CONCURRENT RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT OF REPRESENTATIVE TERRY E. HASKINS TO BE PLACED IN THE STATE HOUSE.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 198 (Word version) -- Senators Leatherman, Leventis, Martin, Giese, Mescher, McConnell, J. Verne Smith, Thomas, Verdin, Richardson and Branton: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.

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

Senator PASSAILAIGUE argued contra to the third reading of the Bill.

At 12:00 Noon, Senator McCONNELL assumed the Chair.

Senator PASSAILAIGUE argued contra to the third reading of the Bill.

Senator PASSAILAIGUE argued contra to the third reading of the Bill.

On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, with Senator PASSAILAIGUE retaining the floor.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Walter Jenkins of Charleston, S.C.

At 12:40 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 2:00 P.M.

This web page was last updated on Thursday, June 25, 2009 at 1:21 P.M.