South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Printed Page 1857 . . . . . Wednesday, April 13, 2005

Wednesday, April 13, 2005
(Statewide Session)


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, hear words from the Covenant God,   Yahway-Lord, recorded in the Book of Jeremiah (8:7):

"Yea, the stork in the heaven knoweth her appointed times; and the turtle and the crane and the swallow observe the time of their coming; but my people know not the judgment of the Lord."

Let us pray.

O Lord, Our Lord, for a new day of privilege, opportunity and service to the people of our State and nation, we thank You.

Help us to learn from the crane, the turtledove and the swallow who by instinct do Your will. May we who are blest with a free will choose freely to surrender our wills to the will of our Heavenly Father.

As we behold the waterfowl in flight, we pray that...

"He who from zone to zone guides through the boundless sky Thy certain flight,

In the long way that I shall tread alone

Will lead my steps aright."
Amen!

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Local Appointment

Reappointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2003, and to expire April 24, 2007

Dorchester County:

Ronnie M. Givens, Gamble, Givens, and Moody LLC, 133 East First North Street, Summerville, S.C. 29483

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Leave of Absence

At 2:40 P.M., Senator SCOTT requested a leave of absence upon adjournment today until Monday, April 18, 2005, at 10:00 A.M.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

RECALLED

S. 573 (Word version) -- Senators McConnell, Verdin, Rankin and Courson: A BILL TO AMEND SECTION 1-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS WHO MAY BE REMOVED BY THE GOVERNOR FOR CAUSE, SO AS TO ADD THE DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 15-78-60, RELATING TO GOVERNMENTAL IMMUNITY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS NOT LIABLE FOR CERTAIN LOSSES RESULTING FROM CONDUCT OF A DIRECTOR OF THE AUTHORITY; TO AMEND SECTION 15-78-70, RELATING TO THE LIABILITY OF A GOVERNMENTAL EMPLOYEE, SO AS TO PROVIDE THAT A DIRECTOR OF THE PUBLIC SERVICE AUTHORITY IS NOT IMMUNE FROM LIABILITY FOR CERTAIN CONDUCT AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS PROHIBITED FROM PROVIDING INSURANCE COVERAGE FOR THAT INDIVIDUAL LIABILITY; TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES AND FUNCTIONS OF THE STATE REGULATIONS OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO ADD THE DUTY TO SCREEN CANDIDATES FOR THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO SET FORTH QUALIFICATIONS AND REQUIREMENTS FOR DIRECTORS AND TO PROVIDE FOR THE SCREENING OF DIRECTORS; TO AMEND SECTION 58-31-30, AS AMENDED, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT THE AUTHORITY FROM DISPOSING OF CERTAIN PROPERTY WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY OR FROM INQUIRING INTO THE FEASIBILITY OF DISPOSING OF ITS PROPERTY; BY ADDING SECTION 58-31-55

Printed Page 1859 . . . . . Wednesday, April 13, 2005
SO AS TO PROVIDE STANDARDS OF CONDUCT FOR DIRECTORS OF THE PUBLIC SERVICE AUTHORITY; BY ADDING SECTION 58-31-56 SO AS TO DEFINE CONFLICT OF INTEREST TRANSACTION; BY ADDING SECTION 58-31-57 SO AS TO PERMIT CUSTOMERS OF THE PUBLIC SERVICE AUTHORITY TO SUE DIRECTORS OF THE AUTHORITY FOR BREACH OF DUTY AND TO PROVIDE DAMAGES; AND TO AMEND SECTION 58-31-110, RELATING TO THE TRANSFER OF NET EARNINGS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT ONLY THE NET EARNINGS NOT NECESSARY FOR THE OPERATION OF AND IN THE BEST INTEREST OF THE PUBLIC SERVICE AUTHORITY SHALL BE PAID TO THE STATE TREASURER AND USED TO REDUCE THE TAX BURDENS ON THE PEOPLE OF THE STATE.

Senator McCONNELL moved to recall the Bill from the Committee on Judiciary.

There was no objection and the Bill was recalled from the Committee on Judiciary.

The Bill was ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 744 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO RECOGNIZE THE EXTRAORDINARY VISION, SACRIFICE, AND PATRIOTIC COMMUNITY SPIRIT OF THE SOUTH CAROLINA AIR NATIONAL GUARD, COLONEL JIM C. CHOW, AND SOUTH CAROLINA NEUROSURGEONS, DR. THOMAS J. HOLBROOK, DR. JOHN STEICHEN, AND DR. THOMAS ANDERSON, WHOSE LEADERSHIP CREATED THE OPPORTUNITY AND CAPABILITY FOR CIVILIAN DOCTORS TO FULFILL THEIR HEARTFELT CALLING TO SERVE THEIR STATE AND NATION DURING A TIME OF WAR.
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The Senate Resolution was adopted.

S. 745 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF APRIL 10-16, 2005, AS "TELECOMMUNICATORS WEEK IN SOUTH CAROLINA" IN

Printed Page 1860 . . . . . Wednesday, April 13, 2005
CONNECTION WITH NATIONAL TELECOMMUNICATORS WEEK.
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Senator KNOTTS spoke on the Resolution.

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

S. 746 (Word version) -- Senators Matthews and Hutto: A BILL TO ABOLISH THE ORANGEBURG COUNTY BOARD OF VOTER REGISTRATION AND THE ORANGEBURG COUNTY ELECTION COMMISSION AND TO CREATE THE ORANGEBURG COUNTY BOARD OF ELECTION AND REGISTRATION.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 746-Ordered to a Second and Third Reading

. On motion of Senator MATTHEWS, with unanimous consent, S. 746 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 747 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 12-37-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE BY A COUNTY AUDITOR, SO AS TO PROVIDE THAT IN DETERMINING THE FAIR MARKET VALUE OF A NEW MOTOR VEHICLE FOR AD VALOREM PROPERTY TAX PURPOSES TO WHICH THE APPLICABLE ASSESSMENT APPLIES, THE COUNTY AUDITOR SHALL USE THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF THE VEHICLE, THE VALUE PUBLISHED IN THE GUIDE OF THE DEPARTMENT OF REVENUE, OR THE ACTUAL PRICE PAID BY THE OWNER BASED ON THE BILL OF SALE, WHICHEVER IS LOWER.
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Read the first time and referred to the Committee on Finance.

S. 748 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-125 SO AS TO PROVIDE CERTAIN REQUIREMENTS THAT A PROSPECTIVE TEACHER SHALL FILE WITH THE OFFICE OF

Printed Page 1861 . . . . . Wednesday, April 13, 2005
TEACHER CERTIFICATION OF THE STATE DEPARTMENT OF EDUCATION BEFORE BECOMING CERTIFIED.
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Read the first time and referred to the Committee on Education.

S. 749 (Word version) -- Judiciary Committee: 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.
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Read the first time and ordered placed on the Calendar without reference.

S. 750 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION COMMENDING DR. JOHN L. CARSON FOR HIS EXEMPLARY SERVICE AS THE THIRTEENTH PRESIDENT OF ERSKINE COLLEGE AND SEMINARY DURING THE PAST SEVEN YEARS, AND WISHING HIM AND HIS FAMILY WELL AS HE LEAVES ERSKINE CONTINUING TO FOLLOW GOD'S CALLING.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper, Cato, G. M. Smith and Weeks: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS

Printed Page 1862 . . . . . Wednesday, April 13, 2005
TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES
Printed Page 1863 . . . . . Wednesday, April 13, 2005
COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.

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

H. 3299 (Word version) -- Rep. Ceips: A BILL TO AMEND CHAPTER 23, TITLE 57 OF THE 1976 CODE OF LAWS, BY ADDING ARTICLE 4 SO

Printed Page 1864 . . . . . Wednesday, April 13, 2005
AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".

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

H. 3478 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE WHEN SUCH PAYMENTS ARE AUTHORIZED.

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

H. 3891 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2946, 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 Education.

H. 3892 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO UTILIZATION OF GENERIC TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2964, 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 Education.

H. 3893 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2941, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Printed Page 1865 . . . . . Wednesday, April 13, 2005

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

H. 3894 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2948, 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 Education.

H. 3895 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE REGULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2955, 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 Transportation.

H. 3898 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE AND PROFESSIONAL PERSONNEL QUALIFICATIONS, DUTIES AND WORKLOADS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2940, 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 Education.

H. 3903 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO RECOGNIZE CHRONIC KIDNEY DISEASE AS A HEALTH DISPARITY IN SOUTH CAROLINA AND URGE ALL LICENSED HEALTH CARE PROVIDERS TO DEVELOP A PLAN FOR EARLY IDENTIFICATION AND IMPLEMENTATION OF AN APPROPRIATE CLINICAL MANAGEMENT PROGRAM FOR INDIVIDUALS AT HIGHEST RISK FOR CHRONIC KIDNEY DISEASE.

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

Printed Page 1866 . . . . . Wednesday, April 13, 2005

H. 3913 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION HONORING MRS. GARDENIA B. RUFF OF RICHLAND COUNTY FOR HER LIFETIME OF DEDICATION AND SERVICE TO IMPROVING THE HEALTH OF SOUTH CAROLINA'S MINORITY POPULATION AND STRIVING TO ELIMINATE HEALTHCARE DISPARITIES, RECOGNIZING HER LEADERSHIP IN SPEARHEADING MANY PUBLIC SERVICE AND COMMUNITY IMPACT PROGRAMS, AND WISHING HER CONTINUED SUCCESS IN ALL HER FUTURE ENDEAVORS.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report on:

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

AYES

Alexander                 Patterson                 McGill
Reese                     Knotts                    O'Dell
Printed Page 1867 . . . . . Wednesday, April 13, 2005
Elliott                   Ford                      Grooms
Verdin                    Campsen

Total--11

NAYS

Total--0

Tuesday, April 19, 2005 - Upon Adjournment
Members of the Senate and Staff, Lunch, State House Grounds, by SC STATE FIREMEN'S ASSOCIATION

Tuesday, April 19, 2005 - 6:00-8:00 PM
Members of the Senate, Oyster Roast and Frogmore Stew, Seibels House-1601 Richland Street, by COASTAL CONSERVATION LEAGUE

Wednesday, April 20, 2005 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC TOBACCO COLLABORATIVE

Wednesday, April 20, 2005 - Noon-2:00 PM
Members of the Senate, Lunch - Spartanburg County Day, State House Grounds, by SPARTANBURG CHAMBER OF COMMERCE

Tuesday, April 26, 2005 - 6:00-7:30 PM
Members of the Senate and Staff, Banquet, State Fairgrounds - Moore Building, by SC FARM BUREAU

Wednesday, April 27, 2005 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by SC ASSOCIATION OF COMMUNITY DEVELOPMENT CORPORATIONS

Wednesday, April 27, 2005 - 12:00-2:00 PM
Members of the Senate and Staff, Lunch - "Taste of South Carolina", State House Grounds, by HOSPITALITY ASSOCIATION OF SOUTH CAROLINA

Printed Page 1868 . . . . . Wednesday, April 13, 2005
Wednesday, April 27, 2005 - 6:30-8:30 PM
Members of the Senate and Staff, Reception, Summit Club, by SC CHAPTER OF APPRAISAL INSTITUTE

Thursday, April 28, 2005 - 8:00-10:00 AM
Members of the Senate, Breakfast, Town House, by PALMETTO FAMILY COUNCIL

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

S. 16 (Word version) -- Senators Moore, McConnell, Elliott, Hayes, Verdin, Alexander and Fair: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF MANUFACTURING METHAMPHETAMINE AS A VIOLENT CRIME; TO AMEND SECTION 44-53-110, RELATING TO THE CONTROLLED SUBSTANCES ACT, SO AS TO AMEND THE DEFINITION OF "PARAPHERNALIA", ADD THE DEFINITIONS OF "COCAINE BASE" AND "METHAMPHETAMINE", AND DELETE THE DEFINITION OF "CRACK COCAINE, ICE, OR CRANK"; TO AMEND SECTION 44-53-365, RELATING TO THEFT OF CONTROLLED SUBSTANCES, SO AS TO INCLUDE THEFT OF PRECURSOR SUBSTANCES; AND TO AMEND SECTION 44-53-375, RELATING TO THE MANUFACTURE OF METHAMPHETAMINE, SO AS TO MAKE POSSESSION OF EQUIPMENT USED IN THE MANUFACTURE OF METHAMPHETAMINE PRIMA FACIE EVIDENCE OF THE INTENT TO MANUFACTURE, AND TO INCLUDE A PUNISHMENT SCHEDULE FOR POSSESSION OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable report on:

S. 75 (Word version) -- Senators Knotts, Hutto, O'Dell, Alexander and Cromer: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF

Printed Page 1869 . . . . . Wednesday, April 13, 2005
THEIR EMPLOYMENT, SO AS TO PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO A LAW ENFORCEMENT OFFICER RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 108 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO CREATE A CAUSE OF ACTION FOR THEFT OF HEALTH CARE SERVICES WHEN A PERSON SECURES PERFORMANCE OF SUCH SERVICES, HAS RECEIVED INSURANCE PROCEEDS OR THIRD PARTY PAYMENT TO PAY FOR SUCH SERVICES, AND WITHIN NINETY DAYS OF RECEIVING PROPER NOTICE HAS NOT REMITTED THE PAYMENT TO THE HEALTH CARE PROVIDER; TO ESTABLISH NOTICE REQUIREMENTS, A SCHEDULE OF DAMAGES, INCLUDING ACTUAL DAMAGES AND A PERCENTAGE OF THE ACTUAL DAMAGES, AND DEFENSES TO THIS CAUSE OF ACTION.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 139 (Word version) -- Senators Hayes and Richardson: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 35 TO CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7 OF TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

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S. 236 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD AND SUBMITTING A FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; AND TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, OR USE OF A DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD.

Ordered for consideration tomorrow.

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

S. 271 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES WADBOO CREEK ALONG SOUTH CAROLINA HIGHWAY 402 IN BERKELEY COUNTY IN HONOR OF JACK B. GRAVES, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JACK B. GRAVES BRIDGE".

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 276 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 7-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN UNAUTHORIZED PERSON NOT ALLOWED WITHIN THE GUARD RAIL OF A VOTING BOOTH, SO AS TO AUTHORIZE A DEPENDENT CHILD OF A QUALIFIED ELECTOR TO ACCOMPANY THE QUALIFIED ELECTOR IN THE VOTING BOOTH WHILE HE IS CASTING HIS BALLOT.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

Printed Page 1871 . . . . . Wednesday, April 13, 2005

S. 347 (Word version) -- Senators Lourie, Jackson, Mescher, Ford, Knotts, Cleary, Scott, Short, Patterson, Land, Cromer, Elliott, Ryberg, Grooms and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-210 SO AS TO MAKE IT A CRIME TO DEFACE, VANDALIZE, TAMPER WITH, OR REMOVE A POLITICAL CAMPAIGN SIGN, TO PROVIDE AN EXEMPTION, AND TO PROVIDE A PENALTY FOR VIOLATION.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 370 (Word version) -- Senator Hawkins: A BILL TO AMEND TITLE 7, CHAPTER 17 OF THE 1976 CODE, RELATING TO CERTIFICATES AND RECORDS OF RESULTS OF ELECTIONS BY ADDING SECTION 7-17-275, TO PROVIDE FOR AN AWARD FOR COSTS AND ATTORNEY FEES ASSOCIATED WITH AN ELECTION PROTEST; AND TO AMEND TITLE 7, CHAPTER 25 RELATED TO OFFENSES AGAINST THE ELECTION LAWS BY ADDING SECTION 7-25-210 TO PROVIDE FOR QUALIFIED CIVIL IMMUNITY FOR POLL WORKERS.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a majority favorable with amendment and Senator McCONNELL a minority unfavorable report on:

S. 374 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-17-504, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF LAWS RELATING TO SUPPLYING MINORS WITH TOBACCO, SO AS TO DELETE THE REQUIREMENT THAT LAWS, ORDINANCES, OR RULES PERTAINING TO TOBACCO PRODUCTS MAY NOT SUPERSEDE STATE LAW, TO DELETE THE EXCEPTION PROVIDED FOR PRIVATE PROPERTY, AND TO DELETE THE EXEMPTION FOR SMOKING ORDINANCES IN EFFECT BEFORE THE EFFECTIVE DATE OF THE SECTION.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 384 (Word version) -- Senators Lourie, Thomas, Reese, Bryant, Knotts, Sheheen, Hutto, McGill, Jackson, Ford, Scott, Malloy, Land, Gregory,

Printed Page 1872 . . . . . Wednesday, April 13, 2005
Drummond, Pinckney, Cromer, Short, Matthews, Campsen, Anderson and Hawkins: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT; TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT OF, POSSESS, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF, OR ATTEMPT TO POSSESS A TOBACCO PRODUCT OR TO OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT; TO REVISE THE DISBURSEMENT OF FINES COLLECTED, SO AS TO DISTRIBUTE ONE-HALF OF THESE FINES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ITS YOUTH SMOKING PREVENTION PLAN; TO AUTHORIZE COMMUNITY SERVICE IN LIEU OF FINING A MINOR; AND TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

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

S. 387 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 145 FROM THE SOUTH CAROLINA-NORTH CAROLINA BORDER IN CHESTERFIELD COUNTY TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 1 IN CHESTERFIELD COUNTY THE "CAROLINA SANDHILLS PARKWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "CAROLINA SANDHILLS PARKWAY".

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

Printed Page 1873 . . . . . Wednesday, April 13, 2005

S. 417 (Word version) -- Senator Hayes: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.

Ordered for consideration tomorrow.

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

S. 425 (Word version) -- Senators Sheheen and Malloy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THOMPSON CREEK ALONG SOUTH CAROLINA HIGHWAY 9 IN THE TOWN OF CHESTERFIELD THE "HOOVER FAY BELL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HOOVER FAY BELL BRIDGE".

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 506 (Word version) -- Senator Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PURCHASE A FIDELITY BOND ON ALL COUNTY OFFICIALS OR A PORTION OF THEM INSTEAD OF THE AMOUNT REQUIRED BY LAW AND REQUIRE A RESOLUTION TO BE ADOPTED BY THE COUNTY GOVERNING BODY WHEN A FIDELITY BOND IS USED TO REPLACE THE EXISTING BOND REQUIRED BY LAW, WHICH MUST MEET OR EXCEED THAT REQUIREMENT.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable report on:

Printed Page 1874 . . . . . Wednesday, April 13, 2005

S. 511 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF INSURANCE PROCEEDS TO RECONSTRUCT DAMAGED PROPERTY GOVERNED BY THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE FOR REPAIR OR RECONSTRUCTION UPON A VOTE OF EIGHTY PERCENT OF THE CO-OWNERS, OR MORE, IF REQUIRED BY THE PROPERTY BYLAWS, AND TO PROVIDE, FURTHER, FOR DISTRIBUTION OF INSURANCE PROCEEDS.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 557 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 42-1-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS OF PRISONERS IN THE CUSTODY OF THE COUNTY PENAL SYSTEM, SO AS TO AUTHORIZE A MUNICIPALITY TO COVER PRISONERS WORKING FOR THE MUNICIPALITY.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 616 (Word version) -- Senators Knotts, Grooms, Williams, McConnell, Mescher, Matthews, Scott and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION EITHER BEFORE OR AFTER A NINETY-DAY PERIOD OF CONTINUED COHABITATION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

S. 707 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 37-6-502, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 1875 . . . . . Wednesday, April 13, 2005
RELATING TO SELECTION OF MEMBERS OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE ELECTION OF THE COMMISSIONERS ELECTED BY THE GENERAL ASSEMBLY EVERY FOUR YEARS, BEGINNING FEBRUARY 1, 2006.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.

Ordered for consideration tomorrow.

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

H. 3545 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES CLOUDS CREEK ALONG

Printed Page 1876 . . . . . Wednesday, April 13, 2005
HIGHWAY S41-25, SPANN ROAD, IN SALUDA COUNTY "HARE'S MILL POND BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HARE'S MILL POND BRIDGE".

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 29, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

Reappointment, South Carolina State Ethics Commission, with term to commence May 31, 2005, and to expire May 31, 2010

2nd Congressional District:

Edward E. Duryea, John Demosthenes Co., LLC, P. O. Box 5292, Parris Island, S.C. 29905
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 715 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 4, 2005, AS JOHN DE LA HOWE SCHOOL DAY IN SOUTH CAROLINA ON THE OCCASION OF THE PREMIER ON THAT DAY OF A SOUTH CAROLINA EDUCATIONAL TELEVISION PRODUCED DOCUMENTARY FILM OUTLINING THE OUTSTANDING WORK ACCOMPLISHED AT THE JOHN DE LA HOWE SCHOOL IN MCCORMICK COUNTY.

Returned with concurrence.

Received as information.

S. 716 (Word version) -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. VICTOR C. JONES, DIRECTOR OF PUBLIC SAFETY FOR SUMTER COUNTY FOR MORE THAN THIRTY-TWO YEARS, FOR A DISTINGUISHED CAREER OF PUBLIC SERVICE, UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM

Printed Page 1877 . . . . . Wednesday, April 13, 2005
EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.

Returned with concurrence.

Received as information.

S. 727 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION HONORING THE 1935 CHESTERFIELD COUNTY RUBY HIGH SCHOOL GRADUATING CLASS, AS THEY CELEBRATE THEIR SEVENTIETH HIGH SCHOOL REUNION ON SATURDAY, APRIL 16, 2005.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 482 (Word version) -- Senators Patterson, Lourie, Jackson and Ford: A BILL TO AMEND SECTION 59-149-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS.

S. 68 (Word version) -- Senators Short, Mescher, Gregory and Ford: A BILL TO AMEND SECTION 59-149-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A LIFE SCHOLARSHIP, SO AS TO PROVIDE THE REQUIREMENTS FOR A HOME SCHOOLED STUDENT TO RECEIVE A LIFE SCHOLARSHIP.

SECOND READING BILL

The following Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 738 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PEST, DESIGNATED AS

Printed Page 1878 . . . . . Wednesday, April 13, 2005
REGULATION DOCUMENT NUMBER 2939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

S. 414 (Word version) -- Senators Moore and Setzler: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO REVISE ELIGIBILITY AND RETENTION REQUIREMENTS FOR THE SCHOLARSHIP BY INCLUDING A REQUIREMENT THAT THE CUMULATIVE GRADE POINT AVERAGE CALCULATION, FOR PURPOSES OF LIFE SCHOLARSHIP ELIGIBILITY, MUST BE INCLUSIVE OF THE STUDENT'S GRADE POINT AVERAGE AT ALL PUBLIC OR INDEPENDENT INSTITUTIONS ATTENDED BY THE STUDENT.

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

Senator SETZLER proposed the following amendment (414-SETZLER), which was adopted:

Amend the bill, as and if amended, page 1, after line 41 by adding the following paragraph:

/   C.   For the 2005-2006 academic year only, eligibility for a LIFE Scholarship is to be based on criteria outlined in previous Regulation by the Commission on Higher Education or the criteria provided for in this act, whichever is more advantageous for the student /

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

ADOPTED

S. 741 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES PLACE ALL PERSONS WHO ARE DETERMINED TO BE SEX OFFENDERS UNDER GLOBAL

Printed Page 1879 . . . . . Wednesday, April 13, 2005
POSITIONING SYSTEM SATELLITE SURVEILLANCE CONTINUOUSLY FOR THE DURATION OF THEIR PROBATIONARY SENTENCES.

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

H. 3861 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE APRIL 2005 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA AND TO RECOGNIZE AND SUPPORT "FAIR HOUSING MONTH" IN OUR STATE.

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

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED, PASSED BY "AYES" AND "NAYS"
READ THE SECOND TIME
RETURNED TO THE STATUS OF SPECIAL ORDER

H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Clark, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE IS EXCLUSIVELY DEFINED AS THE UNION BETWEEN ONE MAN AND ONE WOMAN.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

Senator FORD spoke on the Resolution.

Printed Page 1880 . . . . . Wednesday, April 13, 2005

Amendment No. 1

Senators CAMPSEN, HUTTO, HAWKINS, MALLOY and McCONNELL proposed the following Amendment No. 1 (JUD3133.004), which was adopted:

Amend the joint resolution, as and if amended, by striking the joint resolution in its entirety and inserting therein:

/

  A JOINT RESOLUTION

TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT A MARRIAGE OF ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT SHALL BE VALID OR RECOGNIZED IN THIS STATE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Article XVII of the Constitution of this State be amended by adding:

"Section 15.   A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.

SECTION   2.   The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article XVII of the Constitution of this State be amended by adding Section 15 so as to provide that in this State and its political subdivisions, a marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized; that this State and its political subdivisions shall not create, recognize, or give effect to a legal status, right, or claim created by another jurisdiction

Printed Page 1881 . . . . . Wednesday, April 13, 2005
respecting any other domestic union, however denominated; that this amendment shall not impair any right, or benefit extended by the state or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State; and that this amendment shall not prohibit or limit the ability of parties other than the State or its political subdivisions from entering into contracts or other legal instruments?

  Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."   /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

Senator HUTTO spoke on the Resolution.

Remarks by Senator HUTTO

Members of the Senate, I am going to be brief. First of all, let me say to those Senators who worked on this, particularly the Senator from Charleston, Senator CAMPSEN, the Senator from Spartanburg, Senator HAWKINS, and the other Senator from Charleston, Senator McCONNELL, we worked to make sure when we crafted this amendment that it was going to be Constitutional, because I think the language in the Bill as drafted had some serious problems with it.

But what I want to talk to you about is somewhat different - you know, this Bill has been called the "Defense of Marriage Act." It seems to me that we have spent a lot of time and a lot of energy considering a Constitutional amendment when, as the Senator from Charleston, Senator FORD, has told us, we've already got one of the strongest laws in the country on this.

What I really want to talk to you about for just a minute is the whole problem in our society now with marriage and family life - and it doesn't have a thing to do with gays and lesbians. It has to do with domestic violence in the household; children being born out of wedlock; it has to do with poverty; it has to do with people not keeping

Printed Page 1882 . . . . . Wednesday, April 13, 2005
their commitments, not living up to their promises, people acting irresponsibly. Because of that, we have a crisis in family life, not only in South Carolina, but across this country; and it has nothing to do with gays and lesbians. It has to do with irresponsible conduct on the part of heterosexuals. In fact, most of the problems we have in family life today have nothing to do with this amendment, but have everything to do with other things we should be focused on but we don't talk about enough, and that's the quality of education that we give our children. It's the way that we deal with poverty in this society. There are a lot of things that we could do, besides this amendment, that would improve the quality of life, not only in South Carolina, but across this country.

I was on the subcommittee and we heard a lot of testimony, and I want to thank the Senator from Charleston, Senator FORD, for moving on with those hearings. They were very informative. They allowed a lot of people to come out and voice their opinions and to actually give us some very important data. You have already informed us, and correctly so, that by census data, there are 400,000 gay and lesbian citizens of South Carolina, and we seem to be coalesced around this one issue because it is a political hot button. And while we do so in the name of the defense of marriage, what we are not doing is looking at those things that are undercutting marriage -- those things that are really causing marriages to fail.

Over half the marriages in this country end in divorce. One in every three children is born out of wedlock. Over a million and a half women every year are assaulted by boyfriends and husbands in acts of criminal domestic violence. Those are the things that threaten marriage. Those are the things that we really ought to be dealing with as a policy matter, but instead we are taking up this amendment - and I don't want to take away from the amendment itself because a lot of thought has gone into it. We realized when we were working on the language that we were actually dealing with the Constitution. I think sometimes we are a little bit quick in how we craft words that go into legislation. But I told the staff earlier, I don't know of any legislation that went back and forth between at least the four or five of us that were working on it -- that had as many strike-outs and cross-throughs and rearranged wording. We took this seriously, because we know that it's the Constitution that we are dealing with. When it gets to that level, it's real important. I don't want to minimize the fact that laws are important, but this is, in fact, the Constitution.

The other thing I wanted to say is this: we do have a lot of gay and lesbian citizens in South Carolina. They deserve our respect. They

Printed Page 1883 . . . . . Wednesday, April 13, 2005
deserve the right to enter into contracts as far as their inheritance, as far as who they want to visit with them in the hospital, as far as the way they want to set up their plans for who can make decisions about their life, and this allows them to do that.

Ten percent of the population in this country are left-handed. Medical Science used to think that we needed to treat those people, that we needed to try to make them right-handed, that it was difficult to grow up left-handed in a right-handed world. We have now found that left-handed people do fine.

Ten percent of the population in this country are flat-footed. We used to also think we had to treat those people, that we had to somehow make them like the rest of us or it wouldn't be okay.

Ten percent of the population in this country are gay and lesbian. Some people still think we need to treat them -- what I'm here to tell you is this -- what we need to do is love them, respect them, treat them as every other member of the human race. They have come out and testified -- some of them probably to the detriment of people who didn't know they were members of the gay and lesbian community -- but they deserve our respect. They are contributing members of our society.

The thing that bothers me most about what we are about to embark on with this Constitutional amendment -- and I am going to support it, I believe that marriage is between one man and one woman -- you might say, well, how do you believe it? You know when you go to church on Sunday, they ask the Christians what do you believe, and you repeat the Apostles Creed, because that's what you believe. That's what I believe, and I think that's what most of us in here believe, but that doesn't mean that there can't be meaningful relationships other than a marriage. There are many people who live together in different family arrangements; there are many people in our society who are being raised by grandparents or aunts or uncles or other people; there are a lot of different diverse family relationships in our society.

But what we are about to embark on when we turn loose a Constitutional amendment on the people is politics, and I hope that as we go through the political process, that it will be educational, it will be thoughtful, it will be respectful, and that we will talk about this issue with the dignity that it deserves and not bring up old issues of bias and prejudice that somehow have plagued this issue in other states.

That's really all I wanted to say. I just think it is important for us to recognize that there are other problems with marriage that are way more important than what we are dealing with today.

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Senator KNOTTS spoke on the Resolution.

Remarks by Senator KNOTTS

Thank you, Mr. PRESIDENT.

I have had the opportunity to serve on the subcommittee also and I sat there for 5 1/2 hours and listened to the testimonies before the subcommittee. Before I was on this subcommittee, I believed in the sanctity of a marriage between a man and a woman and nothing in the subcommittee changed my mind to change my outlook on whether or not marriage should be between one man and one woman.

We need to give them rights; everybody has certain rights. But, I would like to tell you, and this should not be a big issue -- it is talked about in the Bible, in the first book of the Bible. In Genesis, it says, "In the beginning God created the heaven and earth and he created man in his own image. He named man 'Adam'." Later, when Adam grew lonely and needed a companion, God put Adam to sleep and took a rib from his body and made him a companion; he made a woman and named her Eve. He did this for several reasons -- companionship and reproduction. Again, he named her Eve, not Steve. He did so, that we would respect the unity between a man and a woman.

But at the same token on this amendment that we have, I think that it will give the rights to those people at 10%. As the Senator from Sumter said, we felt that we needed to give those rights, too. But, in giving those rights and talking about treating the 10% that were left-handed, 10% that were right-handed, etc., I submit to you that we do not need to treat the 90% that are heterosexual. They are abiding by not only man's law, but God's law. With this amendment, I think that we will pass a law that the majority of the citizens of South Carolina will support. It is like the majority of the people within this body will overwhelmingly vote for it. First of all, it is the right thing to do, it is what we need to do and the truth of the matter is, it is common sense. We should not be in this Chamber debating something like this, but because of the problems of society we face today, we have to address these issues.

I believe that we have done great in at least bringing it to the table. I would like to thank the subcommittee that endured the 51/2-hour meeting with dignity and respect and listened to everyone. We treated everyone with respect, and they treated us with respect. Even though the ones that were for it and the ones that were against it, still held a high esteem of the people being able to come to the State House and

Printed Page 1885 . . . . . Wednesday, April 13, 2005
discuss this issue. I would like to personally thank them for coming and talking about this issue. I would like to thank this body for allowing me to be part of this subcommittee. There are a lot of things that need to be said in the community before the 2006 Election if they think that they are going to turn this thing around. It is not possible to turn this around. People in South Carolina want marriage protected between one man and one woman. The polls in 2006 will show this overwhelmingly.

Thank you.

Senator MARTIN spoke on the Resolution.

Remarks by Senator Martin

Mr. PRESIDENT and Members of the Senate. You know many of us have numerous different, strong, personal reasons as to why we are voting for this amendment. When the e-mails started, primarily for those in opposition, I received a lot of e-mails stating, "Please don't ban same sex marriage," or "...the ability of gay and lesbians to get married." My response to them was that we are not banning gay and lesbian marriage because you can't ban something that is not permitted. This is the reason that I am standing up today for the public policy that has been in effect since Colonial times in South Carolina. It goes all the way back and up to the present. While my own personal beliefs would obviously be impacted by my upbringing and my religious beliefs, my duty as a state Senator, in being here today and casting a vote for this amendment, is to uphold the public policy of this State. There are three hundred years plus tradition in this State and we should embody that public policy in our Constitution in such a way that it lends the Constitutional credibility to that public policy. I just want to say that for the official record, obviously all South Carolinians have a personal conviction or belief that would impact how they vote. As a state Senator, I can tell you that my primary reason for voting for this amendment is to uphold the public policy of this State. This policy is embodied in the Code of Laws of this State. I also want to give the people of South Carolina the opportunity to extend that public policy and the protection that would be afforded by our Constitution. I would urge you to vote for that Constitutional amendment.

Senator HAWKINS spoke on the Resolution.

Printed Page 1886 . . . . . Wednesday, April 13, 2005

Remarks by Senator HAWKINS

Mr. PRESIDENT, I just want to echo the comments to the Senator from Pickens, and, having served on the subcommittee from the very beginning, I just want to say that I don't think it was the purpose of the subcommittee or supporters of the subcommittee to undertake this legislation for the purposes of discrimination or bigotry. That never entered my mind, and I can assure you, Senator from Charleston, that that is not what is in my heart. I think your heart is good and you're coming from strongly held beliefs, and I respect that. Senator from Charleston, you and I had differences over the subcommittee, but after about six or seven hours we at least understood where one another was coming from, and I hope you don't think in my heart that there's any kind of bigotry or discrimination.

As an attorney that has studied constitutional law, I've been increasingly concerned by the overall trend that I've seen in this nation toward judicial lawmaking and the lack of accountability of our judges, especially on the federal bench -- not so much in South Carolina, in terms of our state judiciary, but our federal judiciary, which sometimes seems to be out of control.

There's a concern among many of us, and I think this is the overriding concern, that a strongly-held, well-established public policy that is almost a bedrock public policy in this State there was a potential that, by some legal maneuvering, it could be overturned and that bedrock turned upside down. Everybody may have a different motive. My motive has been to protect that public policy, to protect that institution, and to keep the judiciary from ever being able to upset it. If a future generation in this State desires to come back and revisit the issue, they can do it. It will just be a little higher threshold - they'll have to go directly to the people instead of being able to do it legislatively.

When you talk about an institution like marriage that has such a long history in this State, it just makes more sense to set a higher bar to change that than merely the combination of possibly some legislation and a judge that wants to have a personal or some other kind of agenda. We come with that, I think, in our hearts with love for our fellow man, with understanding and compassion for our fellow man, Senator from Orangeburg, I think that are shared on both sides of this issue.

If I said anything to anyone that offended them, I deeply apologize. My every goal has been to protect the law and to protect the bedrock foundation of the law in this State. That's why I'm voting for this amendment.

Printed Page 1887 . . . . . Wednesday, April 13, 2005

Senator MALLOY spoke on the Resolution.

Senator McCONNELL spoke on the Resolution.

Remarks by Senator McCONNELL

Thank you, Mr. PRESIDENT.

Ladies and gentlemen of the Senate, I'll be brief. But, first of all, I want to thank the Senator from Charleston, Senator FORD. When I gave him this assignment as subcommittee chairman, it would have been very easy for him, knowing where the votes were -- that this matter could have been just quickly handled and immediately shoved out to the full committee. I asked him, instead, to try to reach a consensus on that subcommittee and make sure that all parties were heard, but to report a Bill out. He assured me he would.

In retrospect, I just want to remind you, because it is a sore point with me, and it's mellowed with the date; but in the action of the Senate of lifting that Bill from the Senate Judiciary Committee -- a Bill which would amend the Constitution -- on the day that the subcommittee was being handled and when people were coming up here to be heard at a public hearing, is a lesson not to be forgotten. I'm not here to point a finger. It's a lesson for this Senate to remember for future time. We should never repeat that again because what we did today is the proof in the pudding. The language sent over from the House was not adequate. It was not good language that was going in the Constitution. It could be bettered, and it was bettered through the process -- first of all of people being heard having different perspectives so that everybody felt like they at least had a place at the table. And that's what happened.

And fortunately, I want to thank the Chairman of the Rules Committee because he got up and asked that this matter at least go back for some time to the Senate Judiciary Committee to be studied. I, and some others, voted initially against reporting this Bill back out for the very reason that occurred today. It was not ready to come to this Floor until this language was perfected. And so what we did today, as far as I'm concerned, should be a lesson to us when we fool with Constitutional amendments and things like this. Number one, of course, we should not lap up language from the House on its face as being artfully drawn material. But secondly, that this Senate must do what the Senate should do, and that is deliberate, consider and perfect.

Printed Page 1888 . . . . . Wednesday, April 13, 2005

And Senator, I want to thank you. I want to thank the Senator from Charleston, Senator CAMPSEN. When I asked one question in committee, he caught on to one of the legal concepts as to what was intended and what was not and that's when some discussion started on getting the amendment perfected. Senator from Spartanburg, I want to thank you for contributing to this amendment also. And Senator from Orangeburg, I want to thank you also.

It's important for this Senate, if we're going to put a proposition before the public, that it be properly written. I don't know if the brethren across the Hall will agree with us. In due time we'll see. But for the public, we have framed the issue as best as we can. And, in particular, I agree with the Senator from Orangeburg, the Senator from Darlington and others that we needed to be very careful that we did not invade the right of contract. I think that the language that has been put in here sufficiently isolates that, and so I want to thank all of you who worked on this.

And, also, I caution the Senate -- please learn from this and as we have these controversial issues in the future, do not let the crowd outside the door stampede us into doing something that common sense-wise we know we should not quickly do and that we should let the process work. We should only short-circuit this process if we start into the final days with the May 1st deadline and other deadlines. But you know, this thing couldn't even be voted on until next year, November a year from now.

But I want to thank the Senate for doing what the Senate is best at and for ultimately allowing the parties to come in and to contribute in a positive fashion. And Senator from Charleston, I want to thank you again for taking the time and energy to do this task despite the adversity you faced on this issue and I thank you, as a member of the Judiciary Committee, for contributing in a positive way.

Thank you.

Senator JACKSON spoke on the Resolution.

Remarks by Senator JACKSON

I want to echo what the Senator from Charleston said. There's one thing that I've always respected about the Senate and I remember when I was first elected, Senator from Charleston, I had the privilege of going to meet with Mr. Griffith, who is the CEO of SCANA and whose father served in this body. He said that the most important thing about

Printed Page 1889 . . . . . Wednesday, April 13, 2005
the Senate is the respect that the Senators have for each other and that this body above anything else respects individual Senators.

And he said something to me. He said, "Senator, when you become a State Senator, you are not a Senator from Richland County, you're not a Democratic Senator, you're not a Black Senator, but you are a State Senator." And we respect each other's rights. What we just did to the Senator from Charleston is horrible and it's not reflective of this body.

I commend the Senator from Charleston, Senator McCONNELL, who has always been fair. He and I have been on different sides of some heated issues, but he has never tried to end-around me or anyone else. He has always fought within the Rules, and at times he prevailed. At other times he may not have prevailed, but he was fair.

What we did earlier today was not fair. It was mean spirited. It was cruel. The Senator from Charleston got up and asked for a public hearing. Now we know how we feel on this issue, and I've allowed my position to be known more than anybody else. I stand here as someone who is a pastor to a congregation of a whole lot of people, and I've said it to them and I'll say it to anyone else. My personal moral position is what I believe and what I subscribe to. I don't have to come here and try to legislate it, and I refuse to play politics with my moral positions because there's no political gain to be gotten out of that.

So, I join the Senator from Charleston and ask that we respect our colleague and allow him to have a public hearing. There is little doubt in this body what will ultimately happen with that issue. That is a forgone conclusion. At least we can have a hearing, and people across the State can ask to be heard before we railroad something on the Calendar just for some political advantage or some political opportunity. Thank you, Senator from Charleston, for your leadership.

Remarks to be Printed

On motion of Senators FORD and RITCHIE, with unanimous consent, the remarks of Senators HUTTO, KNOTTS, MARTIN, HAWKINS, McCONNELL and JACKSON were ordered printed in the Journal.

Senator McCONNELL moved that the text of the Joint Resolution, as amended, be printed upon the pages of the Journal and that the Joint Resolution be ordered to receive a second reading.

Printed Page 1890 . . . . . Wednesday, April 13, 2005

H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Clark, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT A MARRIAGE OF ONE MAN AND ONE WOMAN IS THE ONLY LAWFUL DOMESTIC UNION THAT SHALL BE VALID OR RECOGNIZED IN THIS STATE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Article XVII of the Constitution of this State be amended by adding:

"Section 15.   A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.

SECTION   2.   The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article XVII of the Constitution of this State be amended by adding Section 15 so as to provide that in this State and its political subdivisions, a marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized; that this State and its political subdivisions shall not create, recognize, or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated; that this amendment shall not impair any right or benefit extended by the state or its political subdivisions other than a right or benefit arising from a

Printed Page 1891 . . . . . Wednesday, April 13, 2005
domestic union that is not valid or recognized in this State; and that this amendment shall not prohibit or limit the ability of parties other than the State or its political subdivisions from entering into contracts or other legal instruments?

  Yes   []

No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

--xx--

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 42; Nays 1

AYES

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond *                Elliott
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Knotts                    Land *                    Leatherman *
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore *
O'Dell                    Peeler                    Rankin
Reese                     Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Smith, J. Verne *
Thomas                    Verdin                    Williams

Total--42

NAYS

Ford

Total--1

Printed Page 1892 . . . . . Wednesday, April 13, 2005

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Joint Resolution, as amended, was read the second time, passed and ordered to a third reading.

The Joint Resolution was returned to the status of Special Order.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

FINANCE COMMITTEE AMENDMENT WITHDRAWN
READ THE SECOND TIME
RETURNED TO THE STATUS OF SPECIAL ORDER

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO IMPLEMENT THE TRANSITION FROM THE USE OF MINIBOTTLES TO LIQUOR BY THE DRINK RELATING TO THE TAXATION, DISTRIBUTION, LICENSING OF SALES, PERMITS TO SELL ALCOHOL, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE ACT, TO AMEND DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, AND MISCELLANEOUS OTHER PROVISIONS. (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

Senator ELLIOTT explained the Bill.

ACTING PRESIDENT PRESIDES

At 4:00 P.M., Senator MARTIN assumed the Chair.

Senator ELLIOTT resumed explaining the Bill.

Senator RYBERG spoke on the Bill.

Amendment No. P-1

Senator J. VERNE SMITH proposed the following Amendment No. P-1 (165R002.JVS), which was tabled:

Amend the committee amendment, as and if amended, page [165-1] by striking lines 30 through 36 and inserting:

Printed Page 1893 . . . . . Wednesday, April 13, 2005

/   "Section 12-33-245.   (A)   In lieu of addition to taxes imposed under Sections 12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be taxed at the rate of twenty-five sixty-eight cents for each container per liter in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply."   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES spoke on the amendment.

Senator RYBERG moved to lay the amendment on the table.

The amendment was laid on the table.

The question then was the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (GGS\22052HTC05), which was withdrawn:

Amend the bill, as and if amended, beginning on page 4, by striking Part 1 and inserting:

  /   Part I

SECTION   1.   Section 12-33-245 of the 1976 Code is amended to read:

"Section 12-33-245.   (A)   In lieu of addition to taxes imposed under Sections 12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be taxed at the rate of twenty-five fifty-six cents for each container per liter in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter Section 12-33-425 do not apply.

(B)   Eleven percent of the revenue generated by subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts.

Printed Page 1894 . . . . . Wednesday, April 13, 2005
Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purpose.

(C)   Those state agencies and local entities, including counties, which by law are allocated and received minibottle tax revenues in fiscal year 2003-04 for education, prevention, and other purposes, shall receive at least the same amount of revenues from the new tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did from minibottle tax revenues during fiscal year 2003-04. If these state agencies and local entities do not, the difference must be made up from the general fund within sixty days after the close of each fiscal year.

(D)   The tax levied by subsection (A) must be adjusted in the manner and on the schedule that the adjustments for inflation are made pursuant to Section 1(f) of the Internal Revenue Code of 1986, as defined in Section 12-6-40."   /

Renumber sections to conform.

Amend title to conform.

On motion of Senator HAYES, with unanimous consent, the amendment proposed by the Committee on Finance was withdrawn.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Objection

Senator ELLIOTT asked unanimous consent to make a motion that the Bill receive a third reading on Thursday, April 14, 2005.

Senator MALLOY objected.

The Bill was returned to the status of Special Order.

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

READ THE THIRD TIME, SENT TO THE HOUSE

S. 13 (Word version) -- Senators McConnell, Moore, Campsen, Elliott, Ritchie, Verdin, Mescher, Setzler, Bryant, Alexander, Fair, Grooms, Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2005, BY ADDING SECTION 15-78-210 SO AS TO PROVIDE PROTECTION FROM CIVIL

Printed Page 1895 . . . . . Wednesday, April 13, 2005
LIABILITY FOR TEACHERS ACTING IN THE SCOPE OF THEIR EMPLOYMENT AND TO PROVIDE AN EXCEPTION TO THIS PROTECTION; BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE; TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.

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

Senator REESE spoke on the Bill.

The Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

CARRIED OVER

S. 72 (Word version) -- Senators Ritchie, Jackson, Ryberg, Mescher, Richardson and Ford: A BILL TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND

Printed Page 1896 . . . . . Wednesday, April 13, 2005
ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN SEVENTEEN YEARS OF AGE, TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.

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

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

CARRIED OVER

S. 105 (Word version) -- Senators Ryberg and Elliott: A BILL TO REPEAL SECTION 56-1-475, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO A PERSON'S AUTHORITY TO OPERATE A MOTOR VEHICLE WHEN HE POSSESSES A VALID OUT-OF-STATE LICENSE ONCE THE PERIOD OF SUSPENSION OF HIS SOUTH CAROLINA DRIVER'S LICENSE HAS EXPIRED.

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

Senator RYBERG spoke on the Bill.

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

CARRIED OVER

S. 161 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 61-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT, IN ADDITION TO EXISTING PENALTIES, A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, NO PART OF WHICH MAY BE SUSPENDED BY THE COURT.

Printed Page 1897 . . . . . Wednesday, April 13, 2005

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

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

CARRIED OVER

S. 40 (Word version) -- Senator Richardson: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF SUMMARY COURTS, SO AS TO PROVIDE FOR JURISDICTION OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING SYSTEMS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

Senator GROOMS spoke on the Bill.

Objection

With Senator GROOMS retaining the floor, Senator PEELER asked unanimous consent to make a motion that the Bill be carried over.

Senator THOMAS objected.

Senator GROOMS spoke on the Bill.

Objection

Senator RICHARDSON asked unanimous consent to make a motion that the Bill be carried over.

Senator MALLOY objected.

Senator GROOMS spoke on the Bill.

Printed Page 1898 . . . . . Wednesday, April 13, 2005

Senator GROOMS moved to commit the Bill to the Committee on Judiciary.

Point of Order

Senator RICHARDSON raised a Point of Order that the motion to commit was out of order inasmuch as the Committee on Judiciary did not have jurisdiction.

Senator McCONNELL spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

On motion of Senator GROOMS, with unanimous consent, the motion to commit was withdrawn.

On motion of Senator RYBERG, with unanimous consent, the Bill was carried over.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:

Reappointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 2003, and to expire April 24, 2007

Dorchester County:

Ronnie M. Givens, Gamble, Givens, and Moody LLC, 133 East First North Street, Summerville, S.C. 29483

EXECUTIVE SESSION

On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor, and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Committee on Banking and Insurance, the following appointment was confirmed in open session:

Printed Page 1899 . . . . . Wednesday, April 13, 2005

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence August 30, 2001, and to expire August 30, 2005

At-Large:

David Campbell, 1411 Gervais Street, 5th Floor, Columbia, S.C. 29201 VICE Waring Simons Howe

Having received a favorable report from the General Committee, the following appointment was confirmed in open session:

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2002, and to expire May 19, 2006

1st Congressional District:

Charlene M. Grice, M. D., 834 Pitt Street, Mt. Pleasant, S.C. 29464 VICE William Parnell Diggs (vacated)

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2004, and to expire June 30, 2008

At-Large:

Justin Strickland, 623 Brandon Court, Lexington, S.C. 29072 VICE Stephen John Taylor

Reappointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2005, and to expire June 30, 2009

Municipalities:

Stephen G. Riley, Town of Hilton Head, One Town Center Court, Hilton Head, S.C. 29928

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2002, and to expire June 30, 2006

4th Congressional District:

Dorothy C. Bailey, 306 Raven Road, Greenville, S.C. 29615 VICE Jane W. Daniel (resigned)

Reappointment, South Carolina State Ethics Commission, with term to commence May 31, 2005, and to expire May 31, 2010

Printed Page 1900 . . . . . Wednesday, April 13, 2005

2nd Congressional District:

Edward E. Duryea, John Demosthenes Co., LLC, P. O. Box 5292, Parris Island, S.C. 29905

Having received a favorable report from the Committee on Medical Affairs, the following appointment was confirmed in open session:

Initial Appointment, South Carolina State Board of Podiatry Examiners, with term to commence November 8, 2004, and to run coterminous with the Governor

Podiatrist - At-Large:

Stephen V. Corey, D. P. M., 402 Nelson Blvd. Suite 300, Kingstree, S.C. 29556 VICE Marshall N. Kalinsky

Having received a favorable report from the Committee on Transportation, the following appointment was confirmed in open session:

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 2004, and to expire February 13, 2011

At-Large:

Thomas C. Davis, Harvey and Battey, P. A., 1001 Craven St., Beaufort, S.C. 29902 VICE Joseph T. Newton III

MOTION ADOPTED

On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Samuel Clinton Tisdale of Kingstree, S.C.

ADJOURNMENT

At 5:12 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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