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 the Chaplain as follows:
Beloved, with the annual Joint Session coming up tonight, hear a Word from St. Matthew (21:28f):
"What do you think? A man had two sons; he went to the first and said, 'Son, go and work in the vineyard today.' He answered, 'I will not;' but later he changed his mind and went. The father went to the second and said the same; and he answered, 'I go, sir;' but he did not go. Which of the two did the will of his father?"
Let us pray.
Father, we pray for divine guidance and a permeating Spirit of common purpose as we join with the House and our Governor Sanford tonight in our 2004 Joint Session.
We hear foreboding sounds in our world and we see disturbing pictures on the television.
We join the multitudes that are sending up prayers of hope... for better days.
May this be the moment... for us all... to rededicate ourselves, our talents, and every erg of energy in us to make the decisions and do the things that are right and good for the people of South Carolina.
So, bind us together, Lord! Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, Marlboro County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Ronald K. McDonald, 5646 Allen Ridge Rd., Blenheim, S.C. 29516
Reappointment, Marlboro County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Robert A. Stanton II, 2543 Academy Road, McColl, S.C. 29570
Reappointment, Union County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Anita Pecko Whitney, 3822 Whitmire Highway, Union, S.C. 29379
Senator O'DELL introduced Dr. Patricia Westmorland of Greenville, S.C., Doctor of the Day.
Senator THOMAS rose for an Expression of Personal Interest.
S. 840 (Word version) -- Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Malloy and Gregory: A JOINT RESOLUTION PROPOSING MULTIPLE AMENDMENTS TO THE SOUTH CAROLINA CONSTITUTION, TO INCLUDE, AMONG OTHER AMENDMENTS, THAT THE SENATE MUST ELECT A PRESIDENT FROM AMONG ITS MEMBERS, TO PROVIDE FOR THE JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR, TO DELETE THE PROVISION THAT REQUIRES THE SENATE TO ELECT A PRESIDENT PRO TEMPORE, TO DELETE THE PROVISION THAT PROVIDES THAT THE LIEUTENANT GOVERNOR IS THE PRESIDENT OF THE SENATE, TO PROVIDE THAT VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, OR CIRCUIT COURT MAY BE FILLED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE THE MANNER THAT THE ADJUTANT GENERAL, COMMISSIONER OF AGRICULTURE, COMPTROLLER GENERAL, SECRETARY OF STATE, AND SUPERINTENDENT OF EDUCATION SHALL BE APPOINTED BY THE GOVERNOR. (ABBREVIATED TITLE)
On motion of Senator KNOTTS, the name of Senator KNOTTS was added as a co-sponsor of S. 840.
S. 831 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 831.
The following were introduced:
S. 848 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT THESE VEHICLES ARE ALLOWED TO USE AND DISPLAY ANY BLUE LIGHTS OR RED LIGHTS; TO DEFINE THE TERM "DISPLAY", AND TO PROVIDE THAT ONLY CERTAIN AUTHORIZED EMERGENCY VEHICLES MAY DISPLAY THE WORD "POLICE".
l:\council\bills\swb\5757cm04.doc
Read the first time and referred to the Committee on Transportation.
S. 849 (Word version) -- Senators McConnell and Martin: A BILL TO AMEND SECTION 42-15-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM, AND TO DEFINE THE TERM "EXISTING INFORMATION".
l:\council\bills\pt\1729ahb04.doc
Read the first time and referred to the Committee on Judiciary.
S. 850 (Word version) -- Senator Patterson: A SENATE RESOLUTION TO COMMEND THE EAU CLAIRE COMMUNITY HEALTH CENTERS IN THE GREATER COLUMBIA AREA AND PFIZER FOR THEIR COMMITMENT TO SHARING THE CARE, A PARTNERSHIP THAT EXPANDS ACCESS TO PFIZER MEDICATIONS, AND TO CONGRATULATE THEM ON THE TENTH ANNIVERSARY OF THIS UNIQUE AND MEANINGFUL PARTNERSHIP.
l:\council\bills\nbd\12077ac04.doc
The Senate Resolution was adopted.
S. 851 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE REVEREND JAMES R. FIELDS ON HIS RETIREMENT AFTER THIRTY-ONE YEARS OF SERVICE AT THE PLYMOUTH CONGREGATIONAL CHURCH AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.
l:\council\bills\swb\5761cm04.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 852 (Word version) -- Senator McGill: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION.
l:\council\bills\gjk\20858sd04.doc
Read the first time and referred to the Committee on Finance.
H. 4290 (Word version) -- Reps. Thompson, Cooper, Frye, Martin, Stille, Townsend and White: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA SECONDARY HIGHWAY 77 IN ANDERSON COUNTY FROM SOUTH CAROLINA HIGHWAY 20 TO BEAVER DAM ROAD (SOUTH CAROLINA SECONDARY HIGHWAY 75) IN HONOR OF MR. DAVID R. CHASTAIN AND TO INSTALL APPROPRIATE MARKERS ON SIGNS ON THE BRIDGE CONTAINING THE WORDS "DAVID R. CHASTAIN HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4504 (Word version) -- Rep. Altman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY IN CONJUNCTION WITH THE DEPARTMENT OF MOTOR VEHICLES TO STUDY WHAT TYPES OF ADDITIONAL DRIVERS' LICENSES OR SUPPLEMENTAL QUALIFICATIONS OR ENDORSEMENTS TO EXISTING DRIVERS' LICENSES ARE NEEDED IN SOUTH CAROLINA AS A RESULT OF THE INCREASED SIZES AND TYPES OF PASSENGER OR CARGO VEHICLES WHICH MAY BE OPERATED BY INDIVIDUALS WITHOUT A COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THAT THE REPORT SHALL BE SUBMITTED TO BOTH HOUSES OF THE GENERAL ASSEMBLY BY JUNE 1, 2004.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4544 (Word version) -- Rep. Harvin: A BILL TO ENACT THE "CLARENDON COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN CLARENDON COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF CLARENDON COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE GOVERNING BODY OF CLARENDON COUNTY AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM IN THE COUNTY ON THE QUESTION OF IMPOSITION OF THIS TAX, AND TO PROVIDE THAT A TAX IMPOSED PURSUANT TO THIS ACT MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE CLARENDON COUNTY TREASURER FOR THE CLARENDON COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL DETERMINE THE METHOD OF DISTRIBUTION OF THE REVENUES OF THIS TAX TO THE THREE SCHOOL DISTRICTS IN CLARENDON COUNTY, TO PROVIDE THAT THE TAX AUTHORIZED BY THIS ACT MUST BE IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4563 (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 25, 2004.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 4571 (Word version) -- Reps. Richardson, Delleney, Emory, Kirsh, McCraw and Moody-Lawrence: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE 2003 FORT MILL HIGH SCHOOL BAND AND THEIR DIRECTOR, MARTIN DICKEY, ON THEIR ACHIEVEMENTS OF EXCELLENCE IN MUSIC ON BEING NAMED CLASS AAAA STATE CHAMPIONS AND ONE OF THE TOP TWENTY-FIVE BANDS IN AMERICA AND TO COMMEND THEM ON THEIR HARD WORK AND DEDICATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4581 (Word version) -- Reps. Stewart, Perry, Clark, Clyburn, D. C. Smith and J. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE ONE OF AIKEN'S MOST DELIGHTFUL COUPLES, MR. AND MRS. JOHN GRANAGHAN, FOR THEIR MANY CONTRIBUTIONS TO THE AIKEN COMMUNITY AND TO WISH THEM GODSPEED AS THEY MOVE TO TEXAS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
S. 354 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-175, SO AS TO PROVIDE THAT AN OUT-OF-COURT STATEMENT MADE BY A CHILD LESS THAN TWELVE YEARS OF AGE DESCRIBING CERTAIN OFFENSES THAT THE CHILD IS A VICTIM OF OR WITNESS TO IS ADMISSIBLE AS EVIDENCE UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 589 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-130, SO AS TO PROVIDE THAT THE STATE ATTORNEY FOR THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FOR ABUSED AND NEGLECTED CHILDREN HAS STANDING TO PETITION THE FAMILY COURT, FOR CERTAIN ENUMERATED REASONS, FOR THE REMOVAL OF A GUARDIAN APPOINTED AS AND ADVOCATED FOR A CHILD IN AN ABUSE OR NEGLECT PROCEEDING.
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Judiciary submitted a favorable with amendment report on:
S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Judiciary submitted a favorable with amendment report on:
S. 763 (Word version) -- Senators Ravenel, Knotts and Kuhn: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 790 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT.
Ordered for consideration tomorrow.
Columbia, S.C., January 21, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 466 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE THAT CHILDREN'S ADVOCACY CENTER RECORDS ARE CONFIDENTIAL.
The House returned the Bill with amendments.
On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 823 (Word version) -- Senators Knotts, Cromer, Setzler and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A NEWLY CONSTRUCTED ROAD IN LEXINGTON COUNTY WHICH CONNECTS SOUTH CAROLINA HIGHWAY NO. 1 TO SOUTH CAROLINA HIGHWAY NO. 6 AROUND THE NEWLY CONSTRUCTED LEXINGTON COUNTY COURTHOUSE "MYERS WAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE NEWLY CONSTRUCTED ROAD.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
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. 3935 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, AS AMENDED, AND ACT 190 OF 1995, BOTH RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO CHANGE ITS NAME TO THE NORTH SPARTANBURG FIRE AND EMERGENCY SERVICES DISTRICT.
S. 791 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS AND RESTRICTIONS ON THESE VENDORS, SO AS TO PROVIDE THAT CERTAIN PROHIBITIONS AND RESTRICTIONS RELATING TO CONTRIBUTIONS AND LOBBYING DO NOT APPLY TO A LOTTERY VENDOR THAT IS A FEDERALLY-CHARTERED OR INSURED FINANCIAL INSTITUTION WHICH PROVIDES ONLY BANKING SERVICES AS A LOTTERY VENDOR, BUT DO APPLY TO THE VENDOR'S EMPLOYEES WHO ARE INVOLVED ON A DAY-TO-DAY BASIS IN PROVIDING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE LOTTERY COMMISSION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0791.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 59-150-130(G) and (I), as added by Act 59 of 2001, is amended to read:
"(G) A lottery vendor must not enter into a contract for the purpose of influencing a political decision in connection with the operation of the lottery, and a lottery vendor must not employ, contract with, or otherwise authorize a lobbyist, as defined in Section 2-17-10(13), to engage in lobbying, as defined in Section 2-17-10(12), on behalf of the lottery vendor for the purpose of influencing a political decision in connection with the operation of the lottery."
"(I)(1) The prohibitions and restrictions described in item (A)(7) and subsections (F) and (G) specifically apply to a lottery vendor as defined in Section 59-150-20(9), except as provided in item (2) of this subsection, and its employees, members of its board, and holders of an interest in it of more than ten percent, and their immediate family members, as defined in Section 59-150-20(6).
(2) The prohibitions and restrictions described in subsection (F) do not apply to a lottery vendor that is a federally-chartered or insured financial institution that provides only usual and customary banking services as a lottery vendor, but do apply to the vendor's employees and their immediate family members, who are involved on a day-to-day basis in providing the goods or services that are the subject of the contract with the commission."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
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.
H. 3460 (Word version) -- Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator KUHN proposed the following amendment (JUD3460.004), which was withdrawn:
Amend the bill, as and if amended, page 1, beginning on line 22, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 14-7-840 of the 1976 Code is amended to read:
"Section 14-7-840. No person is automatically exempt from service as a juror in any court of this State except men and women sixty-five years of age or over. Notaries public are not considered state officers and are not exempt under this section. A person exempt under this section may be excused upon telephone confirmation of date of birth and age to the clerk of court or the chief magistrate. The jury commissioners shall not excuse or disqualify a juror under this section. The clerk of court shall must maintain a list of persons excused by the court and the reasons the juror was determined to be excused."
SECTION 2. Section 14-7-860 of the 1976 Code, as last amended by Act 394 of 2000, is further amended to read:
"Section 14-7-860. (A) The presiding judge for cause shown may excuse anyone any person from jury duty at any term of court if he the judge considers it advisable. But no juror who has been drawn to serve at any term of the court may be excused except for good and sufficient cause, which, together with his application, must be filed in the office of the clerk of the court and remain on record.
(B) Any woman A person who:
(1) having has legal custody and the duty of care for a child under less than seven years of age of whom she has legal custody and the duty of care,;
(2) is the primary caretaker of a person aged sixty-five or older; or
(3) is the primary caretaker of a severely disabled person who is unable to care for himself or cannot be left unattended; and who desires to be excused from jury duty, shall furnish must submit an affidavit to the clerk of court stating that she he is unable to provide adequate care for the child, person aged sixty-five or older, or disabled person while performing jury duty, and shall must be excused by the presiding judge from such duty jury service. The provisions of Section 14-7-870 shall do not apply to any such woman juror described in this subsection who: (a) has a child less than seven years of age, (b) is the primary caretaker of a person aged sixty-five or older, or (c) is the primary caretaker of a severely disabled person who is unable to care for himself or cannot be left unattended.
(C) Upon furnishing submitting an affidavit to the clerk of court requesting to be excused from jury duty, a person either may be excused or transferred to another term of court by the presiding judge if:
(1) the person performs services for a business, commercial, or agricultural enterprise, and the person's services are so essential to the operations of the business, commercial, or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty; or
(2) the person is sixty-five years of age or older.
(D) Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or imprisoned for a term not to exceed more than thirty days, or both."
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator KUHN explained the amendment.
Senator McCONNELL argued contra to adoption of the amendment.
Senator KUHN asked unanimous consent to withdraw the amendment.
There was no objection and the amendment was withdrawn.
Senator KUHN objected to further consideration of the Bill.
S. 809 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE JOHN A. BRIEDEN III, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 24, 2004.
The Concurrent Resolution was adopted, ordered sent to the House.
The following Bills were carried over:
H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.
Senator MOORE spoke on the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4508 (Word version) -- Rep. Duncan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN LAURENS COUNTY AND 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.
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 3598 (Word version) -- Reps. Richardson, Bailey, Bowers, Clark, Clyburn, Edge, Hamilton, Herbkersman, Hosey, Kirsh, Limehouse, Mahaffey, Neilson, Owens, Quinn, Rivers, Sandifer, Simrill, Snow, Vaughn and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PROVIDE THAT READING GLASSES ARE EXEMPT ITEMS DURING THE AUGUST SALES TAX HOLIDAY.
Senator MARTIN asked unanimous consent to recommit the Bill to the Committee on Finance.
There was no objection.
The Bill was recommitted to the Committee on Finance.
H. 3919 (Word version) -- Reps. Kirsh and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING VARIOUS SECTIONS OF TITLE 12 RELATING TO THE INCOME TAX ACT, INCOME TAX WITHHOLDING, AND OTHER RELATED TAX ISSUES; BY ADDING VARIOUS NEW SECTIONS TO TITLE 12; TO REPEAL SECTION 12-10-35, RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO THE DEFINITION OF "MINIMUM INVESTMENT" FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAX; TO AMEND SECTION 30-2-30, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002; AND TO REPEAL SECTION 6-4-30 RELATING TO THE DUTIES OF THE DEPARTMENT OF REVENUE IN CONNECTION WITH THE ACCOMMODATIONS TAX. (ABBREVIATED TITLE)
Senator MARTIN asked unanimous consent to recommit the Bill to the Committee on Finance.
There was no objection.
The Bill was recommitted to the Committee on Finance.
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 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.
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 15 (3448R012.GFM) proposed by Senators McCONNELL, J. VERNE SMITH, MARTIN and O'DELL and printed in the Journal of Wednesday, January 14, 2004.
On motion of Senator McCONNELL, the Bill was carried over.
S. 95 (Word version) -- Senators Gregory and Cromer: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator GREGORY explained the Bill.
On motion of Senator GREGORY, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
On motion of Senator GREGORY, with unanimous consent, the Bill remained in the status of Adjourned Debate.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator HAYES explained the Joint Resolution.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by recess.
At 2:59 P.M., on motion of Senator MARTIN, the Senate receded from business until 6:45 P.M.
The Senate reassembled at 6:45 P.M. and was called to order by the PRESIDENT.
At 6:55 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
At 7:00 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of H. 4497, a Concurrent Resolution adopted by both Houses.
The Honorable Mark C. Sanford, and members of his party, were escorted to the rostrum by Senators McCONNELL, COURSON, REESE, ALEXANDER and MALLOY and Representatives Haskins, Howard, Scarborough, Kirsh and Perry.
The PRESIDENT of the Senate introduced the Honorable Mark C. Sanford, Governor of the State of South Carolina.
The Governor addressed the Joint Assembly as follows:
Mr. Speaker, Mr. President, Ladies and Gentlemen of the General Assembly, Constitutional Officers and my fellow South Carolinians:
It's a real honor for me to be with you tonight to deliver my view on the State of our State.
Last year I said from this podium that I wished that I could say that the State of South Carolina's economy was strong but that Dickie Moorehead, working construction in the UpState, knew better.
I said last year I wished I was assuming leadership of a state whose budget was sound - but everyone in this Chamber knew it was not. We begin this year with a $350 million shortfall.
I said last year that I wished that I could tell you that our education system was second to none - but that too many children graduate without skills essential to success in the 21st century.
But I also said that despite these challenges if we addressed them properly, we had a great opportunity because we could move South Carolina forward.
I am here to report to you, and I am pleased and encouraged to say, that we have begun that process.
My dad used to say that Rome wasn't built in a day, and we have clearly many, many miles to go - but I believe that we've begun that process.
I'd like to start off tonight by walking through a few of the things I talked about in last year's State of the State and a few of the things that have happened and the result of your hard work in the House and Senate - then I'd like to move from the past to present challenges and future goals.
In last year's State of the State, I focused not on more money for programs, because we didn't have the money, but on root causes that I thought boiled down to five things.
I. Did you have a voice in government and is government accountable?
II. The economy and the need for wealth creation
III. Government's structure
IV. Education
V. Quality of life
Those five root causes are things that I plan to talk about not just in the first or second year in office, but every year in office. And while certainly in many cases, more money would have helped with any one of those programs once again; it is not realistic in this budget year. So one of our best shots at raising income levels here in South Carolina lies in government using new tools and new approaches, and that's what I find so encouraging and exciting about what I believe has begun over this last year.
I. Do you have a voice in government and is government accountable?
I think that the largest single accomplishment of this administration lies in the way that we have asked that question.
Too many people, because they were white and poor, black and rich, or just plain had something else on their minds other than politics, have felt that they had no voice in government. And because their voice wasn't heard government wasn't as accountable as it could have been. In concrete ways we have tried to change this.
We have as well respectfully tried to challenge the way that things have been done in the past because for change to occur you have to change attitude first. The Super Bowl will soon be upon us, but what's interesting are in fact the games leading up to the Super Bowl and the way that literally attitudes have changed results. Two years ago the Panthers went 1-15, so along with players and practices there was this belief that things could be different. They believed that they could win before they did win. Brett Favre, quarterback for Green Bay played the game of his life the day after his father died because he believed it was a way of honoring his father. John F. Kennedy said in 1961 we are going to send a man to the moon and back, the only problem was that at the time he issued that national challenge half the technology to make it happen didn't exist. He made us as a nation, and the NASA team responsible, challenge assumptions that brought about a history making success.
In this vein, what is the Promised Land for all of us as South Carolinians? What represents our trip to the moon and back? I bet we could agree it's a place in our future where better education, better economic opportunities and better quality of life exist for everyone of us.
I'm not so foolish as to believe that everyone will want to take my road map to getting there - or that there isn't great value to debating how we do get there. I just know that we have to change to prosper. It's what I believe, what thousands of South Carolinians have told me over the last couple years, and what Michael Porter and the Monitor Group focused on in their in-depth review of our State.
So every time we have tried to ask the simple question "why," or challenged conventional wisdom or look at a new ways of doing things, it has all been part of an effort to move us forward, to make us a little bit more responsive and just a little bit more accountable as a government.
Let me give you just a couple of things tied to this central theme of accountability and doing things differently that have happened this year. I said in last year's State of the State that I believed in the concept of servant leadership. Too many people in government seem to think they are above regular folks, and I would expect humility in the way that my team served - that they would recognize that the taxpayer was boss.
While I could cite many examples, I don't think there is a better example of how this administration has tried to hit that mark than with Judge Byars, my Cabinet appointee to Juvenile Justice. In fact Judge would you mind standing. Interesting about the judge is that for 13 years the court system said that the State of South Carolina wasn't accountable, and as a consequence it took over the juvenile justice system and essentially ran it. That changed this last year because of a lot of hard work by folks in that agency that was complemented by a man at the top who was smart and competent but who above all else had a servant's heart in the way he did things. Judge, thank you for what you are doing and for the way you have upheld that marker that we laid out last year.
I said last year that each of us in this Chamber are stewards, literally the divide between taxpayers and tax spenders, and that this administration's goal was to help each of you in strengthening that trust. For that reason I said we would, and we did sign an executive order directing my agencies to end the long standing practice of stonewalling the legislature as you do your job of gathering information.
I asked you to send me a campaign finance reform bill that had been vetoed in the past and was gathering dust in Columbia. You sent it, I signed it and every one of you should be proud of the work that Speaker David Wilkins, Wes Hayes, Doug Smith, and Tommy Moore put into making that bill a reality.
Just as we needed disclosure of campaign finances, we needed to end the long standing practice of basically hiding expenditures at the Department of Commerce. Our simple belief was that expenditures no matter where they are in government, should be disclosed. Jakie Knotts worked hard on that Bill, and I want to thank all of you for passing that bill as well.
I mentioned last year that South Carolina State government spent $1.9 million lobbying itself. Government agencies going out and contracting with lobbyists to lobby for yet more taxpayer money, from my perspective creates an unacceptable cycle that fuels the upward growth of money. We began the process of changing that - when I signed an executive order last year that ended agency lobbying for all my cabinet. I'd still ask that you to go one step further and pass Jim Merrill's bill that would extend that moratorium to all of State government. Jim, thank you for your work on that.
I also said last year, that too many people had to travel to the Statehouse complex to be heard and that I wanted to begin the process to change that. We did two things in the Governor's Office that I think made me a more accountable governor. First we held neighborhood office hours in people's home towns, at places like Agri Supply in Florence or the Wal-Mart in Anderson - and I learned a lot.
Probably the spot I learned the most fell on the first Wednesday night of every month when we held "Open Door After 4" office hours and anyone from anywhere in South Carolina could come by the governor's office for a visit.
All of this has been about changing the culture of the way that things have been done in Columbia - and my hope is that we make an impact on people's attitudes - in and outside of government - and that this leads to an environment more conducive to changing a whole lot of things necessary to raising income levels in South Carolina. While we have worked diligently to focus on in essence the culture of the way that some things have been done in Columbia, it by no stretch of the imagination represents all that's been done this past year.
Working together we passed, among other things, the Predatory Lending Bill, Securities Fraud legislation and DMV reform - but let me just mention two bills. I think a critical component to quality of life lies in not getting run over by a drunk driver on a South Carolina road. JoAnne Gilham deserves particular credit for pouring years of energy into doing something about it. Last session we passed .08 legislation that's intent was to make our roads safer. While it was a positive step to move to .08, law enforcement friends have told me it's tough to effectively administer that new law. It's become a fertile ground for legal challenges and frankly a weak spot for the law enforcement in their ability to arrest a drunk on the road. I'd say we owe it to JoAnne and to the law enforcement community to go back to the drawing board and tighten up that piece of legislation that was made weaker in conference. I know the Speaker has a bill to that effect and I'd ask that ya'll support him on that bill.
Second, we last year substantially strengthened our State's domestic violence laws, and in the process thousands of women in our State are just a little bit safer because of the great work of Jim Ritchie, Robert Ford, Gilda Cobb-Hunter, Becky Richardson and the entire woman's caucus. I want to stop for just a minute though, and issue a challenge to every man in South Carolina, and that is to live up to the gentlemanly traditions of our ancestors. Whether Robert E. Lee or Booker T. Washington, both were Southern men who passionately believed things, but never reduced those passions down to physical control in the house as their way of expressing an idea or getting a thought across. We can't either. I'd ask every South Carolina man to work as an individual to change South Carolina's deplorable statistics on the domestic violence front.
Let me move on, though, from what's been happening this past year to the future goals and present challenges within the context of the 5 root causes I mentioned a moment ago.
II. The economy and the need for wealth creation.
Our number one front burner issue for us this year, tied right up there with the restructuring is doing something about the number of jobs, the quality of jobs, the pay of jobs and the economy in South Carolina.
I have a chart right here that tells a whole lot; let me just tell you what it says. Several Senators in the back are giving me that look like, 'Is this some kind of strange reading test?' What this chart says is that there is something we're doing wrong on a structural level that is holding us back in South Carolina. Because over the last four years what this chart shows is job creation and small business creation. The red represents South Carolina, North Carolina, Georgia and Florida. What has happened over these four years is that for instance South Carolina has lost 3,600 small businesses. South Carolina has lost 2% of its work force while North Carolina, Georgia and Florida all gained both small businesses and jobs. In some cases at astounding levels, Florida for instance, added 10% to its work force while we lost 2% of our work force. Florida gained thirty-six thousand new small businesses while we lost thirty six hundred small businesses. Mind you, Florida is a State with no income tax.
Where I am going with this is that I believe and I think the data supports that the most significant single tax change that we could make to improve the climate for small business generation and job creation in South Carolina is to lower the income tax.
It's what the Beacon Hill study showed, when twenty-five thousand direct jobs were gained in New Jersey because they cut the income tax from 7% to 5.68%. It's what the Legislative Exchange Council found when they looked at the ten States that raised their income tax versus the fifteen States that lowered their income tax over the last ten years. It's what Democratic Governor Bill Richardson talked about as he cut the income tax in New Mexico from 8.2 to 4.9%.
We need to ask ourselves this simple question. Should we have a greater proportional tax on work, savings and investment, or for instance on one's choice to buy cigarettes or a lottery ticket? Our income tax is effectively the highest income tax rate in the entire southeast and that's rough on families, workers and retirees in South Carolina. I passionately believe that cutting the income tax will help with the job situation in this State. It is something we can't delay on. It is something we need to take action on now because the people are hurting now out there. If you look on the front page of today's State Newspaper, what it talked about was for the first time since the Great Depression, we have had three consecutive years of job losses in South Carolina. That has not happened since the Great Depression and we have got to take action on this front. It is a front burner issue for us.
On the subject of jobs and economy, I would ask that you adhere to what we laid out in our budget, which is to not raise the tax load on South Carolinians. Bob Faith and I went to China this fall and what's interesting is to look at how we are in a real world competition for jobs in China, India and a whole host of places around the globe. I don't think we can be competitive without being simply midrange in taxes.
Let me add this though ... in not raising the overall tax load for South Carolinians, it does not mean we shouldn't raise a single tax category while lowering another. I think it is worth a discussion. I think that our cigarette tax for income tax is a pure rifle shot, if you will, aimed specifically at job creation, but it's worth having a larger discussion on more comprehensive reforms along the lines of what Rick Quinn has talked about or Vince Sheheen has talked about or Bobby Harrell or David Thomas have talked about. I think it is worth having that discussion. Let's just make sure that in that process we don't use tax reform as a vehicle to raise taxes.
Let me also say this about economic development. We need to provide more tools for all of us interested in economic development - and very specifically for Secretary Bob Faith. Bob is doing a fabulous job as the head of Commerce. He's somebody that every one as taxpayers should be proud of and he needs more tools. In that vein, the Life Sciences Bill, the Capital Access Program, Venture Capital Bill, Pathways to Prosperity, the Small Business Regulatory Act and our income tax cut would all be useful arrows in the quiver of economic development. One surprising little arrow of help would be for South Carolina to cease to be the only mini-bottle State in the union - something the House worked to change just last week. There are a number of things we can do, but the point is that we need to take action.
I want to say as well, on the economic development front, I applaud the work of Speaker Wilkins and Jim Harrison in advancing a long needed debate on Tort Reform. We aim ultimately to complement those actions with Workers' Compensation Reform. The bottom line is that change on both fronts would result in a more competitive playing for small business creation or for delivering a baby in South Carolina.
III. Government's structure
Front burner issue number two for us this year is restructuring.
We've begun the process of laying out our restructuring process in our budget in painstaking detail. For any of you who want real detail about what we want to add, leave, or change in the structure of government, I simply ask that you get a copy of our budget. Our budget lays it out in absolutely great detail what we would like to do in regard to restructuring. If you don't want to carry it around, just log onto www.scgovernor.com to pull it up on line. You will see a broad swath of structural change from our belief that the Governor and Lieutenant Governor ought to run together on a ticket just as the President and Vice President do at the national level, to healthcare, natural resources management and procurement reform. And what does it all add up to? A more accountable and more efficient government in South Carolina, both of which are very much needed in enhancing our ability to compete in the twenty-first century.
Not only have we laid out where we want to go in regard to government restructuring, we have in fact have begun that process in the budget. Each one of us can find individual parts we like or dislike. Senator Peeler was telling me about a particular part that he didn't like this morning over in Union, but I think what is important about that budget is the way it sets priorities - in the way that it was indeed a different approach, in the way that it looked and how the individual pieces of government actually fit together. So I'd say while you will certainly add or delete programs in your budget - based on different opinions of what works and what does not - I ask you hold true to a few of its principals: of not cutting across the board, of reducing annualizations, and restoring money to trust funds. If you look at this budget, all I can say, and having been through that process over the last six months, is that I wish my friends Bobby and Hugh the best of luck in the fairly unenviable task that they have in leading House and Senate efforts to the budgets - because these are real tough times driven by a 350 million dollar shortfall.
I'd say a piece of restructuring was the MAP Commission. I can't applaud Ken Wingate and the MAP Commission enough for their great work. If you look at what they came up with after reviewing government and looking under the hood, they came up with basically between $200-350 million worth of annualized savings going forward if we implemented restructuring.
The biggest thing we did though was to go ahead and begin it with our cabinet. Some of it was tough, but these are tough budget times - and since I'm going to highlight a part of what they have been up to I'd ask my cabinet to stand and ask that you recognize them.
Let me go into a couple of things that these different cabinet members have been up to as it relates to specifically restructuring.
Bob has led efforts to cut the overall size of the Department of Commerce by twenty-six percent. We've gone from eleven divisions down to four, and from four floors down to two floors in the SouthTrust building. In the process of saving the taxpayer 1.8 million dollars and best of all, we have been able to move money from administration and into actual economic development and recruitment.
Jon Ozmint led our efforts at Corrections to start our own grist mill for grits and chicken laying operation for eggs. It is a win-win because it will save taxpayers $750,000 a year and, more importantly, it will teach inmates a little bit more about work ethic and agricultural practices.
In exceeding tough times Jon has been willing to think outside the box, and I want to announce tonight a new program he will help implement. Jon and I both believe in restorative justice - but don't have a budget year that has allowed us much room. I have a small start, born from a conversation I had with my friend Lonnie Randolph.
In our prison system right now, there are almost 24,000 inmates and about 63% of the total prison population doesn't have a high school education or equivalency. Up until now, if a capable inmate wasn't interested in getting an education, there was nothing we could do about it. I've instructed Jon Ozmint to change that policy at Corrections, and to make participation in education programs mandatory for appropriate inmates. If an inmate refuses, they don't get privileges, period. Despite these budget times, I propose allocating $2.5 million to this program because I think it is crazy to continue sending folks out of a criminal justice system with no better educational leg to stand on and expect good results.
Back to this year's restructuring - at the Department of Parks, Recreation and Tourism we cut full-time staff by 12% and part-time staff by 38%. We moved money from operations to marketing and actually raised our direct marketing budget by $2 million. We did this because while they might grow great wheat in Kansas they don't have the mountains and lakes and beaches that we do, and we wanted to more strongly market one of our natural competitive advantages as a State.
I want to pay a particular compliment to Chad Prosser and his crew at PRT in the way that creative thought has mirrored structural change. I'll give you an example of that, the Highway Department receives about $100,000 each year in federal funds to produce highway maps with evacuation routes from the coast in the event of a hurricane. PRT each year produces maps to be given at our Welcome Centers. Chad and his team, to their credit, said wait a minute - if the Highway Department already produces the map, can't we just flip it over, put our stuff on the other side and hand those maps out at the Visitor's Center - and in the process save State taxpayers one hundred thousand dollars. That isn't a giant savings, but it's indicative of the kind of out of the box thinking that I think we want to see more of in government.
The Judge consolidated Juvenile Justice's use of dental clinics with the Department of Corrections and has saved us $450,000 up front and $100,000 annually.
Even John Frampton and DNR who are not part of my cabinet were good enough to implement our plan with Chief Stewart and SLED, and Bob at Commerce, to consolidate the State's air fleet for a one time savings of more than $1 million and annual savings of over $100,000 - as they sold off two planes and a helicopter.
I would report to you that within my cabinet restructuring has brought real savings and even greater accountability. What I must also report is that I have gone as far as I can go. My cabinet only represents 16% of State government. For restructuring to continue it will now require legislative action. Whether we expand on these successes or stop where we allow further restructuring to die on the vine is in your hands. I ask for your help.
I want to single out Glenn McConnell in the way he has reviewed our case and found merit to what we are asking. Glenn has been an absolute Statesman in his efforts to help us with the restructuring bill. I also want to thank so many in the Senate, both Republicans and Democrats, for their help in the just released restructuring bill. I see my friend John Land over there, who was kind enough to sign on to that bill, I see Tommy Moore who was kind enough to sign on to that bill. I would go so far to say that anyone listening over the radio or watching on TV, if you agree with where we are coming from, I would ask that you look up and see if your senator signed on to Glenn's bill, and if they did would you call them and thank them. Because what we are talking about here is indeed important to the kind of South Carolina your children's children will inherit.
Part of what I think tipped the scale for Glenn was how real the benefits were to South Carolinians in DMV restructuring. I think the evidence in this real world test case makes a compelling case for restructuring. I want to recognize JT Gandolfo, Marcia Adams and Maurine Boyles. JT was the head of our DMV task force and did an outstanding job as the head of that task force. Marcia is our new DMV director and Maurine joins us tonight on behalf of all DMV employees.
Maurine's been on the front lines for 10 years, and all through those years she's poured her heart into providing a good service to folks here in South Carolina. Many times though the system worked against her personal effort, so much so that as we all know many people complained of the one to two hour waits when they went to a DMV office. We recognized that problem, and during my transition last year, put together a DMV task force headed by JT. Its recommendations complimented the work of Ronnie Townsend and the House DMV task force and together we put together a reform bill that worked its way through the legislative process. Ronnie, thank you again for all your efforts in pushing that through the legislative process -you did a great job on that and the South Carolina folks that were waiting in lines before have you to thank for that. Again thank you for your work.
I will simply say this, the structure of government matters. Same people in place, Maurine and her peers are still there - but because of a different structure, a decidedly different result. People who were before standing in line instead can spend that time with their family, at work or at play. It strikes me that that's what we ought to be about in government - helping people with their problems not adding to them.
I want to say one additional thing. The changes we propose to the constitutional officers means constitutional change, which means direct input by the voter at the ballot. Giving South Carolina voters the chance to vote on the structure of their government doesn't mean that you agree or you disagree, as House or Senate members, with that constitutional change. It does mean, though, that you believe voters of South Carolina deserve the right to vote. Given the significance of this issue, I personally ask each one of you to give South Carolinians the right to vote on this all important issue, which will affect our government for many years down the road.
I do want to mention three legislative items tied to government's structure. The first is Doug Smith's State Spending Limitation Bill. I know that Bobby has a similar bill. Please support him with this idea because if we don't do something like this, a few years from now, when the economy next turns south we'll be in exactly the same financial mess we've been in over the last couple years. A bill like this guards against the upswings and downswings of the economy wreaking havoc on State government.
Second, Richard Eckstrom, our Comptroller General, deserves great credit for the way he found and highlighted a budget deficit that had been swept under the rug for two years. In response, David Wilkins, Bobby Harrell, Hugh Leatherman, and Glenn McConnell in leadership joined me in endorsing the idea of the Fiscal Discipline Act of 2004. I appreciate their leadership, and I join the credit agencies in asking you to support that Bill.
Finally, we need a sunset commission. In the budget hearings we ran across far too many programs and laws that had outlived their purpose. Please join me in creating one.
IV. Education
The fourth root cause of great significance to the future of South Carolina. Whether it's K-12 or Higher Ed - the international competition for jobs I talked about earlier tonight is going to be won or lost by the quality of a South Carolina education.
In signing a bill twenty years ago that raised our sales tax 25% to add funding to education, Gov. Dick Riley said - "We will not build the new South Carolina with bricks and mortar. We will build it with minds. The power of knowledge and skills is our hope for survival in this new age." I completely agree, as do a whole lot of teachers in our State who show it in their lives as they pour all kinds of energy into making a difference in a young person's life. In looking at the numbers though I'd argue that just as the DMV structure worked against the individual effort of Maurine Boyles, at times our current educational structure works against the individual effort of some great teachers, of Inez our Superintendent or an individual principal or administrator. I say that because too many people have been working too hard for too long for the numbers we've seen to make any kind of sense.
Did you know during the last 30 years, we have raised K-12 funding in our State by over 130%, yet last August, we learned our State's SAT scores once again ranked next-to-last in the nation - the third consecutive decade that we've ranked either last or next-to-last every single year. The Commission on Higher Education's numbers showed we ranked last in the nation in graduation rates - 49% of ninth-graders failed to graduate from high school in four years. Just last month, we found out not a single South Carolina school district met the new federal guidelines for adequate yearly progress. In fact, almost a full third of our eighth graders tested below basic on last year's PACT test.
Now you certainly need money for our public school education system and in the midst of a $350 million shortfall we went to remarkable lengths to keep education our State's #1 funding priority and actually added $30 million for K-12, but money clearly isn't the only answer. What strikes me are two things. One, the number of school districts. Reform has to precede more money because otherwise you will never get reform. If you look at the legislative audit, what it showed was that we could save twenty-five million dollars and put that money not to administration in a multitude of different school districts but instead put that money into teachers and to actual students.
The second thing that we have got to do is go ahead and try new ideas. Too many parents, kids and teachers are working too hard not to have a debate on new ideas in education. Given our 30 years of history, is it fair to say to any student, "You've got to stay put in a situation not meeting your needs until we get it right?"
Next month I'll be announcing one of those new ideas - a universal tax credit for education. Along with reforms we've already talked about on charter schools and making sure money actually gets down to teachers, the goal of this plan is simple: open up the education marketplace by giving parents more choices. In addition to empowering parents, you would improve the quality of public schools. That's what's happened in Milwaukee, if you look at the low-income neighborhoods closest to the choice programs they have increased performance by significantly larger amounts than schools in other parts of the State. It's what happened in Florida, where the number of failing schools has been cut in half since the State implemented its "Opportunity Scholarships" four years ago. I think it's also a novel way of addressing equity concerns raised by a number of rural counties in our State.
On other reform fronts, conduct grades are close in the Senate, I just need help from one particular friend. I'd sure appreciate that help. Our SMART Funding bill passed the House and I want to thank Speaker Wilkins, Bill Cotty and Roland Smith for their work in making that happen. The idea of SMART Funding is to break apart the silos. Currently education funding goes from the State level down to local school districts in 80 different silos. This bill would change that so that local schools have much greater flexibility in how they spend that money. It is up to the Senate now and I'd sure appreciate your help.
On the subject of higher education, we need to have another serious discussion - something that's been highlighted with the latest proposal to move USC-Sumter from a two-year school to four-year school. Let's take a look at this process. First of all, the President of USC is opposed to it. Second, the USC Board of Trustees is opposed to it. Third, the Commission on Higher Education is opposed to it. So what happens? The local delegation tacks it onto a bill nobody wants to vote against and tries to get it passed. That is exactly the problem we have in South Carolina with respect to higher ed - namely that politics, not a Statewide plan, too often drives the decisions we make. As a result we've got duplication - one reason tuition costs in South Carolina are well over the national average - and going up every year.
This issue is far bigger than whether friends in Sumter do or don't want a four-year school in Sumter. It is about Michael Porter's report and its insistence that we do a better job targeting the limited dollars we've got to spend on higher ed.
We have got to have a true Statewide vision for higher education - and one that's backed by a governing board. I don't care whether we call it a Board of Regents or a strengthened CHE, it doesn't matter what we call it, but it is vital that we change the system because we can't afford to go down the road that we are on with the duplication that is inherent in the road that we're on.
V. Quality of life
Quality of life is many things. It's a State trooper going into harm's way on a daily basis to maintain order on our roads, it's good drinking water. But tonight, I'd like to ask all South Carolinians to join with me in advancing quality of life on two fronts - first, by getting personally involved in protecting the way we look and feel as a State but - secondly perhaps even more importantly, getting personally involved in the way we look and feel as individual South Carolinians.
On that first front - how we look and feel as a State - we took a step forward last year by passing Neighborhood Schools legislation. As a result, State Department of Education restrictions were lifted and local communities are now much more empowered to incorporate new schools within the fabric of their own communities. I'd credit Bob Leach, Dwight Loftis, Ronnie Townsend, Greg Gregory and Joel Lourie in particular for their help in getting this measure through the General Assembly. Empowered doesn't necessarily mean a local board does it, though, because there are a lot of institutional biases to build these remote mega schools that have proven themselves to be less effective as learning environments. I know of one such situation in northern Beaufort County. Unless we want to continue this costly practice of using schools as an excuse to drag infrastructure across the countryside, all I can say is that I would encourage voters to demand schools are built in communities that reflect the size of that community.
Our budget proposes we fund the Conservation Bank this year. I'd ask you do the same. Once land is developed you never have a second chance to have your children's children get a glimpse of the beauty that makes our State so special. I'd also go a step further and ask each of you to support the notion of Priority Investment Areas, and my friend Ben Hagood's bill in particular, which would work with local communities to better target public investment and reduce sprawl in our communities.
On the second front, how we look and feel as individual South Carolinians, I'd like to single out the work of a businessman up in Greenville, Jim Anthony. He and Dr. Jim Silliman have come together on a concept called Zest Quest, which is all about getting South Carolinians in better shape. The A.M.E. Church and the Medical University are doing the same kind of thing at the opposite end of the state. Bottom line is that we don't eat the right things and we don't get enough exercise in South Carolina - which is part of the reason we lead the nation in stroke deaths and rank in the top 10 in obesity, heart disease and diabetes.
Do we propose to fund Medicaid fully and with recurring money this year? Yes. Do we propose health care restructuring to better the system? Yes. But we could have all the money in the world to fund the best health care system in the world, yet if we're not making better choices as individuals we're still going to have a serious problem.
I'd like to issue a personal challenge tonight to every South Carolinian. In this year's list of New Year's resolutions commit to being just a bit more active. You can do that, one, as a youngster by joining up with an effort like Zest Quest. If not a program, find something you can do in your own backyard, or at the local Y, or on your street. As for me, I'm going on a bike ride across South Carolina this Spring. I'll start out in the mountains - hoping it's more or less downhill and I'm taking Jenny, the boys, and I'd invite anybody in South Carolina to join us on that ride. We'll do it in a couple Saturdays throughout the spring. From the mountains to the seashore we will see a little bit more of our great State, but more importantly get some exercise on the way. If you can't join us on that bike ride, then what I'd ask is that you commit to walking, to running, to canoeing that same three hundred mile distance over the course of a year. That's only eight tenths of a mile per day. It's something you can do. It'll make a profound difference in your life. It'll make a profound difference in the health care system in South Carolina. I see Gilda Cobb-Hunter laughing right now, sorry to single you out Gilda, I guess why she is laughing is that I am pretty far out there talking about a bike ride. Let me just go ahead and just completely divert. It just strikes me that whether I am talking about that bike ride or whether I'm talking about cancer awareness or whether I'm talking about helping to fix the budget at the mansion, I'd like to single out my wife and your first lady, Jenny, for what she has been up to this last year. Jenny, I thank you, as your husband, our sons thank you as their mother and all of us as South Carolinians thank you for all that you have accomplished this last year.
While we are still on this theme of quality of life, let me mention four other things. First, adoption. It's a priority for us because it goes straight back to the significance of a family in our State. Unfortunately it takes twice as long to get kids out of government and into homes in our State, and I want to thank Kim Aydlette and her team over at DSS for their efforts to change this. I'd also credit Chief Justice Toal for her help on the court side, and her willingness to assist Kim and her team. We've tried to leverage their efforts by increasing the adoption incentive payment from $250 to $1,500, and we're going to continue to look for ways to improve an orphan's chance to be a part of something we all need - a family.
Quality of life means a state government retiree knowing their retirement will be there - on this front, I think the TERI plan needs reform and I ask for your help.
Quality of life means many of the state services we enjoy, ranging from the great work law enforcement does on a daily basis to DMV or DHEC. It is important we reward great efforts as we have the chance given these budget times. It's the idea behind our proposal to move $25 million over from sales in our large car fleet to state employee healthcare. I'd ask that you do something similar.
Finally, I'm a big fan of the Socratic Method and looking at issues based on their merits, not on their politics. Essential to that process, though, is perspective. That's why I'm particularly proud that we've included minorities in my appointments to boards and commissions in a way that's never happened before under Republican leadership. As we continue that process moving forward, I'd renew my commitment not just to having an administration that works for all South Carolinians, but one that includes its diverse perspectives.
Let me close tonight with a story - one I think sums up the kind of courage and attitude it's going to take if we're truly going to create the kind of change our State so desperately needs.
It's the story of Captain Josh Byers, a soldier originally from Anderson, who commanded an armored cavalry unit in Iraq. In letters sent back to his folks at home, Josh writes about the responsibility of the mission, the duty of leadership, the reward of service and yes, even the fear of sacrifice.
In a letter dated July 3 of last year he wrote. "Dear Mom and Dad, I'm healthy and doing fine - and although I really want to get that redeployment order and come home (as everyone does) I don't dwell on it. We are accomplishing our mission here and I think I'll take a lot of pride in that for the rest of my life. Although the sacrifice is great, the rewards of service are so much greater."
Tragically, the "rest of Josh's life" would be short-lived. He was killed during a guerilla attack on his convoy west of Baghdad, just two days after his last letter home.
I'd ask that we honor the life of Josh Byers, and all the South Carolina servicemen and women killed in Iraq, by renewing our commitment tonight in this Chamber - to the ideals and process of self-governance for which they've given their lives.
If we could bring to each of our roles just a fraction of the leadership, courage and unity our men and women in uniform have shown - there is truly nothing that can hold us back as a state. We need to remember, as Josh did, that our service is a blessing, and in place of the political differences that so often haunt this process, it is and always should be about serving others.
If we can do those things, we can indeed make strides toward keeping this State home to future generations. As Josh said, "although the sacrifice is great, the rewards of service are so much greater."
I look forward to your help in that service, and I ask for your prayers. God bless this great State and good night.
The purpose of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
Having received a favorable report from the Marlboro County Delegation, the following appointments were confirmed in open session:
Reappointment, Marlboro County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Ronald K. McDonald, 5646 Allen Ridge Rd., Blenheim, S.C. 29516
Reappointment, Marlboro County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Robert A. Stanton II, 2543 Academy Road, McColl, S.C. 29570
Having received a favorable report from the Union County Delegation, the following appointment was confirmed in open session:
Reappointment, Union County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Anita Pecko Whitney, 3822 Whitmire Highway, Union, S.C. 29379
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned in memory of Mr. Harry Wilson Rankin, age 80, of Loris, S.C., beloved uncle of Senator RANKIN. Mr. Rankin was predeceased by his first wife of 51 years, Mrs. Esta Norris Rankin, and recently by Mrs. Ruby Todd Langley Rankin. Mr. Rankin was an Army veteran of WWII as part of one of the last Horse Cavalry Divisions, a Clemson graduate, Deacon and Sunday School teacher at the Loris First Baptist Church.
At 8:03 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Wednesday, June 24, 2009 at 3:35 P.M.