Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, "The Living Bible" renders Psalm 29:10 in plain English:
"At the flood, the Lord showed His control of all creation. NOW He continues to unveil His power. He will give strength to His people."
Let us pray.
Father, You are the God of all the earth, the cosmos... and all created things. Yet Your providential care and generous mercy watches over even us.
Thank You for a weekend at home with our families and for safely bringing us back to this place of service.
For another week, give us minds to know You by faith, hearts to love You sincerely, and voices to speak Your truths.
Be Thou the unseen, but ever real, counselor at every committee meeting and every place of decision... fulfilling the ancient promise: "Be still, and know that I am God."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006
At-Large
Michael G. McShane, 1501 Ravens Point Rd., Johns Island, S.C. 29455 VICE Danny Ford (resigned)
Referred to the Committee on Fish, Game and Forestry.
The following were introduced:
S. 989 (Word version) -- Senators Malloy, McConnell, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT OF THE HONORABLE EDWARD ELI SALEEBY OF HARTSVILLE IN DARLINGTON COUNTY TO BE PLACED IN THE SENATE CHAMBER, A LONGTIME AND BELOVED SENATOR FROM THE TWENTY-NINTH SENATORIAL DISTRICT, A LOYAL AND COMPASSIONATE PUBLIC SERVANT, AND A DISTINGUISHED STATESMAN.
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Senator MALLOY spoke on the Resolution.
Mr. PRESIDENT, Ladies and Gentlemen - It is my privilege and honor to stand before you today to humbly request this Resolution to honor the late Senator EDWARD E. SALEEBY, SR. of Darlington. As many of you know, Senator SALEEBY and I have a long history. I was a lawyer in his office for the better part of ten years where he trained me the best that he could. Today, I am very, very honored to have replaced him in the Senate. Senator SALEEBY served here honorably from 1973-2002, when he passed in July of that year. He also served in the House of Representatives from 1951-1958 for seven years, and he served on the USC Board of Trustees for a long time. I've heard many of you make numerous comments about him, Senator from Charleston, saying that he knew insurance as well as anyone you've ever seen before. You know he served this body for almost three complete decades.
Not too very long ago, I was very pleased to see us honor the late Senator of Kershaw, Senator DONALD H. HOLLAND, who as I always knew was the number two ranking person in the Senate. As I was watching the Senator here from Greenville who was, as I came along, the number four ranking person, I realized that Senator SALEEBY was right there between them.
I would move at this particular time that we adopt this Resolution and give it immediate consideration.
On motion of Senator McCONNELL, with unanimous consent, Senator MALLOY's remarks were ordered printed in the Journal.
Senators LEATHERMAN and McCONNELL spoke on the Resolution.
The question then was the adoption of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
The Senate Resolution was adopted.
S. 990 (Word version) -- Senator Ford: A SENATE RESOLUTION TO PROVIDE THE CRITERIA AND CONDITIONS FOR THE PLACEMENT OF PORTRAITS IN THE SENATE CHAMBER AND IN THE GRESSETTE SENATE OFFICE BUILDING.
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The Senate Resolution was introduced and referred to the Operations and Management Committee.
S. 991 (Word version) -- Senator Hutto: A SENATE RESOLUTION EXPRESSING THE SUPPORT OF THE SOUTH CAROLINA SENATE FOR THE UNITED STATES POSTAL SERVICE AND ITS HISTORICAL PERFORMANCE OF ITS PUBLIC SERVICE OBLIGATION OF UNIVERSAL SERVICE AT UNIFORM RATES AND OPPOSING THE RECOMMENDATIONS OF THE PRESIDENTIAL COMMISSION ON THE FUTURE OF THE POSTAL SERVICE.
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The Senate Resolution was introduced and referred to the General Committee.
S. 992 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF SUE TOWNSEND, AIKEN COUNTY CORONER, TUESDAY, FEBRUARY 3, 2004, AND TO CONVEY THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 993 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. JAMES H. DONALD OF GREENVILLE, SOUTH CAROLINA, FOR HIS MUSICAL ACCOMPLISHMENTS AND TO EXTEND TO HIM BEST WISHES IN ALL OF HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 994 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A PALMETTO FELLOWS SCHOLARSHIP IS AVAILABLE TO AN ELIGIBLE RESIDENT STUDENT WHO ATTENDS OR WILL ATTEND A PUBLIC OR INDEPENDENT INSTITUTION, AND TO DEFINE CERTAIN TERMS.
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Read the first time and referred to the Committee on Education.
S. 995 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-131 SO AS TO PROVIDE THAT THERE IS ESTABLISHED A NO WAKE ZONE WITHIN ONE THOUSAND FEET OF THE RICHARDSON'S LANDING PUBLIC BOATING FACILITY ON LAKE MOULTRIE IN BERKELEY COUNTY.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 996 (Word version) -- Senators Fair, Verdin, Hawkins and Knotts: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.
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Read the first time and referred to the Committee on Judiciary.
S. 997 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 16-17-420 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO CHANGE THE MISDEMEANOR PENALTY FOR BEING FOUND GUILTY OF INTERFERING WITH OR DISTURBING STUDENTS OR TEACHERS, LOITERING, OR ACTING OBNOXIOUS, ON THE GROUNDS OF ANY SCHOOL OR COLLEGE IN THIS STATE OR BEING ON THE PREMISE WITHOUT PERMISSION EXCEPT ON BUSINESS TO A FINE OF NOT LESS THAN $100 NOR MORE THAN $1,000 OR IMPRISONMENT IN A COUNTY JAIL FOR NOT MORE THAN THIRTY DAYS.
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Read the first time and referred to the Committee on Judiciary.
S. 998 (Word version) -- Senator Moore: A BILL TO AMEND ACT 178 OF 1995 BY ADDING A NEW PARAGRAPH TO SECTION 1 REQUIRING THE EXECUTIVE DIRECTOR OF THE COUNTY BOARD OF ELECTION, UPON RECOMMENDATION OF THE MCCORMICK COUNTY COUNCIL, BE APPOINTED BY A MAJORITY VOTE OF THE SENATORS AND HOUSE OF REPRESENTATIVE MEMBERS REPRESENTING MCCORMICK COUNTY TO SERVE FOR A TERM OF TWO YEARS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 999 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-620 SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO IMPOSE A TOLL OF ONE DOLLAR ALONG INTERSTATE HIGHWAY 95 WHERE IT CROSSES LAKE MARION IN EITHER ORANGEBURG COUNTY OR CLARENDON COUNTY, AND TO PROVIDE THAT THE TOLL MUST BE USED TO EXPAND INTERSTATE 95 TO A MINIMUM OF SIX LANES FROM WHERE IT BEGINS AT THE SOUTH CAROLINA-GEORGIA BORDER TO WHERE IT ENDS AT THE SOUTH CAROLINA-NORTH CAROLINA BORDER.
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Senator HUTTO spoke on the Bill.
Read the first time and referred to the Committee on Transportation.
H. 4354 (Word version) -- Reps. Hagood, Littlejohn, Young, Chellis, Lourie, Miller and R. Brown: A BILL TO ENACT THE "SOUTH CAROLINA INFRASTRUCTURE PRIORITY INVESTMENT ACT OF 2003" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO ESTABLISH COORDINATION BETWEEN ADJACENT AND OTHER RELEVANT JURISDICTIONS DURING THE LOCAL PLANNING PROCESS AND TO ESTABLISH THE DESIGNATION OF PRIORITY INFRASTRUCTURE AREAS AS AN ELEMENT OF COMPREHENSIVE PLANS.
Read the first time and referred to the Committee on Judiciary.
H. 4451 (Word version) -- Reps. G. M. Smith, Altman, Clark and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-445, RELATING TO THE SEIZURE OF EQUIPMENT USED IN THE COMMISSION OF AN OBSCENITY CRIME INVOLVING A MINOR, SO AS TO INCLUDE A REFERENCE TO SECTIONS 16-15-410 AND 16-15-342; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-345, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER EIGHTEEN, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-355, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER TWELVE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-385, RELATING TO THE DISSEMINATION OF HARMFUL MATERIAL TO A MINOR, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-387, RELATING TO THE EMPLOYMENT OF A PERSON UNDER EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE PENALTY; AND TO AMEND SECTION 16-15-415, RELATING TO PROMOTING THE PROSTITUTION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES.
Read the first time and referred to the Committee on Judiciary.
H. 4453 (Word version) -- Reps. Sheheen, Jennings, Altman, McLeod and Weeks: A BILL TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIFE EXPECTANCY TABLE FOR CIVIL LITIGATION, SO AS TO UPDATE THE TABLE USING THE 2001 COMMISSIONERS STANDARD ORDINARY MORTALITY TABLE.
Read the first time and referred to the Committee on Judiciary.
H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4651 (Word version) -- Rep. Altman: A BILL TO AMEND CHAPTER 11, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO PROVIDE PAID LEAVE FOR STATE EMPLOYEES TO ATTEND COURT PROCEEDINGS FOR THE ADJUDICATION OF THE DEFENDANT CHARGED WITH A VIOLENT CRIME COMMITTED AGAINST THE STATE EMPLOYEE OR A MEMBER OF THE STATE EMPLOYEE'S IMMEDIATE FAMILY AND TO PROVIDE THE METHOD OF CLAIMING THIS LEAVE AND THE DEFINITION NECESSARY FOR THE ADMINISTRATION OF THIS LEAVE.
Read the first time and referred to the Committee on Finance.
H. 4656 (Word version) -- Reps. Cato, Sandifer, Huggins, Bailey, Bales, Barfield, Bingham, Bowers, G. Brown, J. Brown, Chellis, Cooper, Dantzler, Edge, Hamilton, Harrell, Harrison, Hinson, Jennings, Leach, Lee, Limehouse, Lourie, Mack, Martin, McCraw, Miller, Perry, Quinn, Rice, Richardson, Rutherford, Scarborough, Scott, J. R. Smith, W. D. Smith, Thompson, Tripp, Trotter, White, Witherspoon, Young, Moody-Lawrence, Gourdine, Allen, Weeks, Walker, Owens, Govan, Hosey, G. R. Smith and Loftis: A BILL TO AMEND SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE THESE CONTRACTS TO THE PUBLIC SERVICE COMMISSION AS REQUIRED; AND TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO PROVIDE FURTHER CONDITIONS UNDER WHICH A LOCAL EXCHANGE CARRIER MAY MAKE THIS ELECTION, TO DEFINE "ABUSE OF MARKET POSITION" AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS, TO DEFINE "BUNDLED OFFERING" AND "CONTRACT OFFERING", TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER, TO PROVIDE THAT A LOCAL EXCHANGE CARRIER PROVIDING BUNDLED OFFERINGS OR CONTRACT OFFERINGS IS OBLIGATED TO PROVIDE CERTAIN UNIVERSAL SERVICE FUND (USF) CONTRIBUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH ACCESS MINUTES OF USE MUST BE CLASSIFIED AND REPORTED FOR PURPOSES OF ADMINISTERING THE INTERIM LOCAL EXCHANGE CARRIER FUND.
Read the first time and referred to the Committee on Judiciary.
H. 4696 (Word version) -- Reps. Witherspoon, Bailey, Battle, Clemmons, Coates, Davenport, Duncan, Edge, Keegan, Leach, Limehouse, Loftis, McCraw, Owens and Rhoad: A BILL TO AMEND SECTION 46-17-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF MEMBERS OF THE AGRICULTURAL COMMODITY BOARDS, SO AS TO REVISE THESE QUALIFICATIONS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4698 (Word version) -- Reps. Witherspoon, Rhoad, Bailey, Barfield, Battle, Coates, Davenport, Duncan, Edge, Hayes, J. Hines, Keegan, Leach, Limehouse, McCraw and M. A. Pitts: A BILL TO AMEND SECTION 48-23-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL SUMMONS FOR MAKING ARRESTS BY FOREST LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE VIOLATIONS FOR WHICH THIS SUMMONS MAY BE USED; AND TO AMEND SECTION 48-23-96, RELATING TO THE APPOINTMENT AND TRAINING OF FOREST LAW ENFORCEMENT OFFICERS, SO AS TO FURTHER PROVIDE FOR THEIR APPOINTMENT AND LAW ENFORCEMENT RESPONSIBILITIES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4753 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4754 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4755 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO HEARING PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4764 (Word version) -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO DECREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM SEVEN TO FIVE.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4772 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS AND CHRONIC WASTING DISEASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2885, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4811 (Word version) -- Reps. Chellis, Young, Bailey and Harrell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE WOODLANDS RESORT AND INN, IN SUMMERVILLE, AND ITS STAFF, ALONG WITH MANAGER, MARTY WALL, AND OWNER, JOE WHITMORE, ON ITS UNPRECEDENTED MOBIL TRAVEL GUIDE FIVE STAR RATING AND AAA FIVE DIAMOND TRAVEL RATING.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4813 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND NANCY RISER ODOM OF SPARTANBURG FOR HER TIRELESS EFFORTS TO BRIGHTEN SPARTANBURG COUNTY, THE STATE, AND THE LIVES OF OTHERS THROUGH GARDENING.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4814 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION EXPRESSING THE ENCOURAGEMENT AND SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE BOARDS OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY IN ITS IMPORTANT ENDEAVOR TO REPLACE THE HOSPITAL FACILITIES AT THE MEDICAL UNIVERSITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4815 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA ON THE DEATH OF WILLIAM MACK CHAMBLEE OF ANDERSON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4824 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE HOMELAND PARK ELEMENTARY SCHOOL FOR PROVIDING A QUALITY EDUCATION TO STUDENTS IN GRADES KINDERGARTEN THROUGH FIVE IN SOUTHERN ANDERSON COUNTY FOR MORE THAN FIFTY YEARS AND FOR BEING ONE OF EIGHT SCHOOLS TO RECEIVE THE NATIONAL ASSOCIATION OF YEAR ROUND EDUCATORS NATIONAL SCHOOL OF MERIT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4825 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO ROBERT R. SCOTT OF COLUMBIA, PRESIDENT OF THE SOUTH CAROLINA FORESTRY ASSOCIATION, UPON RECEIVING THE "ORDER OF THE PALMETTO" AND THANKING HIM FOR HIS MANY YEARS OF SERVICE TO THE STATE THROUGH HIS LEADERSHIP IN PROMOTING SUSTAINABLE FORESTRY AND THE WOOD AND PAPER PRODUCTS INDUSTRY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4826 (Word version) -- Reps. J. E. Smith, Quinn, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE CITY OF COLUMBIA AND THE THREE RIVERS MUSIC FESTIVAL ORGANIZATION FOR THE OUTSTANDING JOB THEY HAVE DONE TO FOSTER ECONOMIC DEVELOPMENT AND TOURISM IN THE MIDLANDS THROUGH THE PRESENTATION OF THE THREE RIVERS MUSIC FESTIVAL EACH SPRING.
The Concurrent Resolution was adopted, ordered returned to the House.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, following the Joint Assembly, the Senate would stand adjourned to meet tomorrow at 2:00 P.M.
S. 531 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIBOTTLE TAX, AND TO AMEND VARIOUS SECTIONS OF TITLE 61, CHAPTER 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "ALCOHOLIC BEVERAGE CONTROL ACT". (ABBREVIATED TITLE)
Senator MARTIN asked unanimous consent to make a motion that the Bill be made a Special Order.
There was no objection and S. 531 was made a Special Order.
The PRESIDENT appointed Senators SETZLER, MOORE, MESCHER, HAWKINS and KNOTTS to escort the Honorable Jean Hoefer Toal, Chief Justice of the S. C. Supreme Court, and her party to the rostrum of the House of Representatives for the Joint Assembly.
The PRESIDENT appointed Senators DRUMMOND, MATTHEWS, HAYES, BRANTON and CROMER to escort the Honorable John A. Brieden III, National Commander of the American Legion, and his party to the rostrum of the House of Representatives for the Joint Assembly.
At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:30 P.M. the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order.
The PRESIDENT announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 809 (Word version) -- Senator Courson: 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 12:30 P.M. ON TUESDAY, FEBRUARY 24, 2004, AND 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 IMMEDIATELY FOLLOWING THE STATE OF THE JUDICIARY ADDRESS BY THE HONORABLE JEAN HOEFER TOAL.
The Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court, and members of her party were escorted to the rostrum by Senators SETZLER, MOORE, MESCHER, HAWKINS and KNOTTS and Representatives Rivers, Whipper, Altman, Sinclair and Talley.
The PRESIDENT introduced Chief Justice Toal to present the State of the Judiciary as follows:
Lieutenant Governor Bauer, President Pro Tempore McCONNELL, Speaker Wilkins, Speaker Pro Tempore Smith, Members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, Ladies and Gentlemen:
I begin this - my fourth - State of the Judiciary Address with a heavy heart. Judge Carol Connor of the South Carolina Court of Appeals passed away on the morning of February 20, 2004, at the young age of 54, after a long and courageous battle with cancer. Her colleagues on the Court of Appeals and the Justices of the Supreme Court mark her passing with a profound sense of loss, both personal and professional, and with inexpressible appreciation of her brilliance, energy, compassion, unflagging spirit, and indomitable courage. Her legal decisions will continue to guide the law of this State, as her example of a life superbly and splendidly lived will continue to inspire all who know her or may come to know of her.
She is survived by her husband, Palmer Freeman, a former Member of this House, her mother, Polly McGill Connor, her sons, Tim Connor-Murphy, Connor Freeman and Dan Freeman, her sisters, Paula Sellars and Lou Connor, a host of loving family including her first cousin, Williamsburg Senator YANCEY McGILL, her grieving brothers and sisters who wear the robe, and all South Carolinians.
Let me begin my report to you with thanks for bending your schedule to accommodate me today before the National Commander of the American Legion. I'm having shoulder surgery Thursday to clean out the bone chips accumulated out of sixty years of baseball, tennis, hockey and golf. I'll try to be as mindful of your time as you have been of mine.
This year has been one that has placed our state court system on a national platform. We hosted the National Judges Association Conference bringing Summary Court Judges to Charleston from more than 40 state and international courts. We also hosted the National Probate Judges Conference this year under the leadership of Judge Ray Eubanks of Spartanburg, this year's National President.
I was honored to be asked to keynote the National Center for State Court's Eighth Court Technology Conference. We told the story of how a small, rural state is leading the nation in engineering our court system.
And in 2005, South Carolina has been picked to host the summer meeting of the National Conference of Chief Justices and National Conference of State Court Administrators.
These conferences give us a chance to showcase the achievements of our court systems as well as form relationships, which lead to additional national funding support for our courts.
Technology continues to be a central emphasis of my administration as your Chief, because I am convinced that in years of lean state financial resources and spiraling caseloads, I must engineer more efficiency in our system.
So let me take you on South Carolina's technology journey, an exciting journey and one of fairly short duration. As with anything, our technology journey involved a building block approach to meaningful progress.
It begins in 2000 with my election as Chief Justice in March of that year. As Chief Justice, I knew at that time that there would be no more judges and no more court facilities to attack the huge problem of backlog that then existed in our state court system, particularly at the trial level. So my dilemma was... how can I reorganize my existing human resources and existing facilities to attack the problem of court efficiency and citizen access to the process?
So, what was our strategic technology plan for South Carolina? Its platform is network connectivity all over the State in every county in the State. High-speed internet connectivity.
We were looking at a plan that would take people and process and use technology to join them. And just like the courts themselves, technology has got to be able to push and pull information in order to more effectively manage.
This series of slides will show you how network infrastructure occurred in South Carolina.
The year 2001: we had no high speed in any county in South Carolina.
The year 2002: we began to make progress. Those gold counties are the counties in which we were able to introduce high-speed connectivity for our state judges and the clerks of court. My I/T director calls this 'going for the gold,' and she's sold it all over South Carolina. And the more she talks about it, the more the smaller counties say, "I want to be a gold county."
Here's the year 2003, and our infrastructure is almost complete. And the few counties you see that are white counties have an active program under way. I expect by the end of the year, the entire State will be connected.
This infrastructure is the key. The first two legs of our strategic plan were network connectivity and the development of web sites. With that infrastructure in, we were then ready to move to the third leg of our strategic plan: the development of a case management system for South Carolina.
That technology journey in 2003 also included the establishment of an intranet, a call center, and several other initiatives. But I want to concentrate for a moment on how we piloted our State Case Management System and then give you some real-world examples of how it works in fact.
The National Center for State Courts was the key to helping South Carolina develop a statewide concept of how case management could work. Their technical staff came to South Carolina numerous times. I struggled to pay my dues from South Carolina to the National Center for State Courts. But I got value dollar for dollar - and then some - and the marvelous technical support this staff provided this small State in developing our case management plan.
A case management database includes four elements:
(1) the people involved;
(2) the financial end that must be accounted for and maintained as
funds come into the system;
(3) the time involved; and
(4) the case itself.
Technology can be used to make these four elements interact.
Our system, then, in South Carolina for our initial pilot is a system that involves case management for our general sessions court, that's our criminal court part of our general level court system; case management for our common pleas court, that's our basic civil court; a case management system in magistrates court, that's that base level lay court in both criminal, civil and traffic; and a jury management module; and an accounting module. The very challenge was how to identify which counties would pilot this system and how to design it.
Three pilots were selected in South Carolina to prove our system and the application service provider model. I wanted a small, rural county, but I also wanted to partner with a very large county or counties that had a robust information technology department already on board and, just as importantly, had some real leadership in the clerk's office and in the court system that could help sit down and design a system ... not just one that would work for a big county but one that could work for everyone in the State.
We were lucky enough to identify a large, urban county - Greenville County - with a sophisticated county information technology department who, although they had their own system, was willing to assist and work to develop a statewide system. Paul Wickensimer, their clerk, has a profile which is a dream for this project from my point of view: BJU Grad, former Southern Bell executive, former member of Greenville County Council, highly respected by all clerks of court in the system throughout South Carolina.
We had many trial level judges in the system in Greenville who are also big users of technology and really "get it" about how the system can be used to more effectively move cases and access cases in the system. But I needed a lay judge that could also deal with how to design the system from the ground up because on the criminal side, our system depends on capturing information at the moment an arrest warrant is issued and beginning to move this information up and through the system. We also have a lay judge, Diane Cagle - the chief judge, magistrate judge of Greenville, not a lawyer, but an innovator if ever there was one - who agreed to coordinate with us, and she is also highly respected by the other lay judges in the State.
Well, together, we were able to develop a system for Greenville. And then we identified Richland County, the county in which the State Capitol is located, with another great innovator - Barbara Scott, its clerk - and a small county, Pickens, at the very upper, northwest corner of the State with Lejette Gatlin, their clerk, who was also from a small, rural area but a real innovator and doesn't take "no" for an answer - work ethic: can do. These three counties joined together to design and help pilot this system. Our system will be live in these counties by mid-year.
As of today, we have purchased the model for case management system from our vendor. We - the South Carolina Judicial Department - own it. We will make it our gift, our contribution, to every county. The counties will pay only maintenance and ongoing upkeep.
Let me talk for a moment about a great success story in South Carolina that has to do with how the technology works in the real world of trying cases.
Clarendon County was the site in 1953 of the filing of Briggs v. Elliott. This case, along with four others, was combined at the United States Supreme Court and known as Brown v. The Board of Education, the landmark case that abolished segregation in public education and accommodation in this country. This case, the Briggs case, had its genesis in this small, rural county in South Carolina.
And prior to June of this year, this courthouse had limited technology, relatively no connectivity or access. This county was going to be the site in 2003 of the Equity in Education lawsuit, a major lawsuit that deals with public funding/public education in South Carolina. Since June of 2003, collaborating with local government and with the state judicial department, we have completely rewired the entire courthouse in Clarendon and the surrounding offices that sit around the courthouse. In small, rural environments you don't have everything just housed in one place. You've got to be very creative sometimes about how you connect. I go and see my judge in Clarendon sometimes, and I forget which door opens to his office. And I look up for that Cisco router that's hanging over his door, and I know that's where he is.
We even influenced the local Holiday Inn Express, which is where the lawyers are going to stay who try this case. They installed DSL lines to accommodate our lawyers' needs. And we had a judge - Judge Tommy Cooper - who had the vision and had the respect locally to realize that we needed this to try this case, and we needed county cooperation. And we had a clerk of court, Beulah Roberts, who's also pictured on your screen who was willing to go to the ends of the earth to help make this technology work in her courthouse. We also had a court reporter, Cathie Richardson, who's also pictured. She, on her own, in less than a month, learned to use real-time transcription and used it for the first time in this very important case.
Well, the result was that, when the Equity in Education case began, the lawyers brought down these huge bankers' boxes that lawyers always bring to try big cases. In fact, Beulah Roberts told me they broke the elevator in the Clarendon County Courthouse bringing all these documents in. We knew that wasn't going to work as to how to try this case. They had 550 bankers' boxes - 175 deposition transcripts. How was this material going to be used in a real, live trial?
Today, we have online access in this courtroom in this small town in South Carolina. Each law firm is able to access the over 18,000 documents, 60,000 pages that they've identified as documents to be put in as exhibits in this case. And each law firm has in the courtroom access to its own database and, of course, to its papers. Judicial personnel in this small courthouse have access to court records and legal research online. They can search and retrieve and access information from right in the courtroom. In fact, I sat, with the permission of the parties, for one day and presided with Judge Cooper. And I wanted to see how in a real, live situation he would use the technology. In fact, I know Tommy well. He's a hunt and pecker like most people are, and I wanted to know how he would actually use the keyboard. On one side, he had a computer with the exhibits. And there was a big, plasma screen showing the exhibits and sometimes snapping out pieces of text to have the witness testify. On the other side, he had a computer that had a real-time transcription of the testimony that Ms. Richardson was putting together. And he would stop that real-time and put a little carat in the margin and type in, even by hunt and peck, notes on pieces of testimony that were important that he could then go back to. That will save him months when he finally has to develop the order that will make the decisions in this complex and very important case. Major innovation is happening in one of the smallest communities in South Carolina, and much of it because of the library of information that is available on the web site accessible right at the judge's bench in that courtroom.
Well, what does the technology of the future look like in South Carolina? I think our adventure is just beginning. In 2004, we hope to have network connectivity for all judicial facilities in the State. We hope to deploy the statewide case management system of which I spoke to all 46 counties. We hope to have real-time interfaces with our criminal justice information system in law enforcement. We will begin to debut e-filing - electronic filing - in some civil cases in selected jurisdictions in South Carolina.
What do these efforts mean in rural South Carolina? I call it leveling the playing field. It means that judicial personnel in our State have got equal access to electronic resources, whether they're in a small, rural facility or in one of our larger metropolitan counties. Essentially, the access to information and the consistency of the processing forms make justice an even-handed situation, whether you're in a small Allendale County or a large Richland County in South Carolina; and technology becomes an inherent part of the way we do business as a court.
How do we fund this? That's always the huge conundrum for any state court that embarks upon this kind of venture. Every state receives federal funds for various criminal justice and family service programs, whether it be Byrne Grants, national criminal history improvement programs, court improvement programs on the social services side, or homeland security. And we have tried to leverage those criminal justice funds to also assist on the civil side to form a case management system that serves all.
We are deeply indebted to Burke Fitzpatrick and Ginger Dukes at the Department of Public Safety for the award of Bryne Grants which have meant so much to creating our system.
Our federal grant dollars have been focused primarily on our local communities. Sixty percent of the monies we've received in federal grants have been spent in counties of 200,000 or less in population. They're the counties who have the least ability to generate funds on their own. And although I have encouraged every county in South Carolina to have a stake in the action by contributing some to the effort, I've tried to concentrate the resources that the state department is able to accumulate on the counties who have the least ability to generate these funds on their own because a true linked system has to include everyone.
I'd never have been able to make this effort succeed without our legislative delegation in Washington, and particularly Senator Ernest F. Hollings. Senator Hollings years ago developed the tech system for South Carolina, and now one of his great legacies as he retires will be the introduction of a real technology system of automation for the courts of South Carolina.
Let me talk about our state funding picture. When I was elected in 1999, the system was funded at $43 million. By the time I took over, mid-year cuts had reduced that figure to $40 million and down it continued until this fiscal year, where our state general appropriation funds are at $32 million. We would have to shut down a lot of courthouses without the assistance you have provided in fines and fees, but we're still very short. Our system now receives less than $8 per capita per annum and many vital programs are being eliminated.
Let's look for a moment at the production side. For only our family court and circuit court, we have 1.3 judges per 100,000 in population, but whereas Massachusetts uses that ratio of judges to process 379 case filings per judge per year - the lowest per judge rate in the country - South Carolina's judges must process 3,378 filings per judge per year.
Note that South Carolina ranks 5th highest in the country on violent crimes per 100,000 population.
Streamlining and doing more with less has its limits with regard to effectiveness.
South Carolina courts have not had any additional judge positions in the circuit and family courts in nine years.
In the past nine years, the total caseload in circuit and family courts in South Carolina has increased approximately seven percent (about 20 percent including summary courts).
Next year, additional trial judge positions will have to be requested. I will be actively seeking your input as I make my recommendations.
I applaud and support efforts of Attorney General Henry McMaster to develop new prosecution initiatives and judicial training to tackle the curse of domestic violence. South Carolina ranks tops in the nation for deaths by domestic violence. But this statistic plays out in many other arenas. The cycle of domestic violence creates abusers in the next generation. Thank you for the work of Representatives Bob Leach, Gilda Cobb-Hunter and Gloria Haskins in working to strengthen our laws.
We will continue to have more non-English speaking litigants in our courts. We must address their need for access to our courts.
In my "State of the Judiciary Address" two years ago, I discussed our system of judicial selection. Every national meeting I attend deepens my conviction that South Carolina's basic system of legislative selection is a vast improvement over the selection methods in most states, which are money-driven and influence-tainted. We have had judicial independence in South Carolina, the hallmark of the stability of the rule of law, because of our method of judicial selection by the General Assembly. But no system is perfect, and ours has the flaw that, although it reflects, fairly closely, the diversity percentages within South Carolina's licensed lawyers, it does not represent the diversity of South Carolina's population. This is a problem of educating more minority lawyers as well as an issue of judicial selection. I know each of you will work to ensure that our judicial officers reflect the face of South Carolina.
I don't need to hammer you about this issue. I sat in your seat as a member in tough financial times. I simply say thank you to House and Senate leadership. Speaker Wilkins, Chairman Harrell, subcommittee Chair Limehouse, subcommittee members Cobb-Hunter and McGee, Representative Young and Senate Chairman LEATHERMAN, President McCONNELL, Senators HUTTO, LAND, MOORE and J. VERNE SMITH. I know you'll do what you can.
This General Assembly is appropriately embarked upon a thoughtful effort to improve the tort system in South Carolina. I support and applaud these efforts. There is no reason for South Carolina courts to be ranked in the 40's in business climate by the U.S. Chamber of Commerce. The biggest complaint I hear from the business community is about our venue laws. Revision in these laws will do much to level the playing field. I applaud the House of Representatives for the Bill it has passed. I'm sure the Senate will have additional good ideas. The progress of our State will be enhanced by passage of tort reform legislation.
Technology is now integral to the South Carolina courts. E-mail and the web are now as fundamental to modern life as running water and electricity. Technology in the courtroom is as much a fixture as the American flag.
But all the reengineering and technology will never substitute for the hard work of your statewide judiciary.
Now let me introduce the next generation of hard workers. This is my grandson, Patrick, practicing to run a front-end loader at our family's Lexington mines. This is the future for which we all work.
Godspeed and God bless.
Immediately following the Address by the Chief Justice, the Joint Assembly proceeded to the Address by the National Commander of the American Legion.
The Honorable John A. Brieden III, National Commander of the American Legion, and members of his party were escorted to the rostrum by Senators DRUMMOND, MATTHEWS, HAYES, BRANTON and CROMER and Representatives James Smith, Rhoad, Bailey, Leach and D. Smith.
The PRESIDENT introduced the Honorable John A. Brieden III, National Commander of the American Legion.
Commander Brieden addressed the Joint Assembly.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly and regularly adjourned; whereupon, the Senate returned to its Chamber, and was called to order by its PRESIDENT.
At 1:25 P.M., the Senate reconvened.
On motion of Senator ELLIOTT, with unanimous consent, the Senate stood adjourned in memory of Mr. Herman Watson of Loris, S.C.
At 1:28 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
This web page was last updated on Wednesday, June 24, 2009 at 3:35 P.M.