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, hear the Prophet Isaiah speaking for God at a crisis period of history. Chapter 66:1:

"Thus says the Lord: Heaven is My throne, and earth is My footstool... but on this one will I look: on him who is poor and of a contrite spirit, and who trembles at My Word."

Let us pray.

Lord God, the Father of us all, make us mindful of You this day.

Invest us with a sense of the eternal. We are so carried away with the minutiae of our lives that we may easily forget the context of our days.

Lift our eyes, O Lord, that we may see the vision of that kingdom which is yet to be, the Ruler of which is God, and the law of which is LOVE.

Help us to meet our agenda in the spirit of the words recorded by St. Matthew, "Blessed are the poor in spirit, (humble), For theirs is the kingdom of heaven."

Amen!

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Initial Appointment, South Carolina Board of Probation, Parole & Pardon Services, with term to commence March 15, 2005, and to expire March 15, 2011

6th Congressional District:

Dwayne M. Green, Hampton Green, LLC, 602 Rutledge Ave., Charleston, S.C. 29403 VICE Sanco K. Rembert

Referred to the Committee on Corrections and Penology.

Initial Appointment, John De La Howe School Board of Trustees, with term to commence April 1, 2000, and to expire April 1, 2005

At-Large:

Alan D. Gardner, P. O. Box 695, Newberry, S.C. 29108 VICE Sylvester E. Williams (resigned)

Referred to the Committee on Education.

Initial Appointment, Crime Victims' Ombudsman, with term to commence October 1, 2004

Crime Victims' Ombudsman:

Meredith Hope Blackley, 615 Thornbird Circle, Boiling Springs, S.C. 29316 VICE Deborah Curtis

Referred to the Committee on Judiciary.

Initial Appointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2005, and to expire June 30, 2007

Counties:

Philip D. England, 1680 Richland Ave., West, Suite 130, Aiken, S.C. 29801-3286

Referred to the Committee on Judiciary.

Initial Appointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2004, and to expire June 30, 2008

Clemson:

John T. Farris, Ph.D., Clemson University, Box 340511, Clemson, S.C. 29634-0511

Referred to the Committee on Judiciary.

Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004

3rd Congressional District:

Roxanne Mobley, 1021 Hilton Street, Aiken, S.C. 29803 VICE Mary Berg Gossett (resigned)

Referred to the Committee on Judiciary.

Reappointment, 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

3rd Congressional District:

Roxanne Mobley, 1021 Hilton Street, Aiken, S.C. 29803

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Athletic Commission, with term to commence June 30, 2004, and to expire June 30, 2008

At-Large:

Michael B. Tyler, 149 Fox Crossing Road, West Columbia, S.C. 29170 VICE John R. Robertson (resigned)

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Cosemetology, with term to commence March 20, 2003, and to expire March 20, 2007

Cosmetologist:

Michelle Furtick, 5 Cobb Hall Court, Columbia, S.C. 29223 VICE Katherine H. Busby

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2004, and to expire July 27, 2007

Joe E. Taylor, Jr., 47 Mahalo Lane, Columbia, S.C. 29204

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2002, and to expire June 30, 2006

Area 4:

Margaret H. Brackett, 2804 Fair Ave., Newberry, S.C. 29108 VICE James G. Bouknight

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2002, and to expire March 21, 2007

4th Congressional District:

H. Lloyd Howard, P. O. Box 578, Landrum, S.C. 29356 VICE Fredrick Furman Carpenter (resigned)

Referred to the Committee on Medical Affairs.

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

Referred to the Committee on Transportation.

Columbia, S.C., January 12, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.405, H. 3507 by a vote of 102 to 13:

(R405, H3507 (Word version)) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR CERTAIN REQUIREMENTS OF A LESSEE IN A COMMERCIAL LEASE AGREEMENT OR SECURITY AGREEMENT TO ENSURE REASONABLE PROTECTION OF THE SUBJECT PROPERTY, TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE OR SECURITY AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS' WRITTEN NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS, AND TO PROVIDE THAT

Received as information.

(R405, H3507 (Word version)) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR CERTAIN REQUIREMENTS OF A LESSEE IN A COMMERCIAL LEASE AGREEMENT OR SECURITY AGREEMENT TO ENSURE REASONABLE PROTECTION OF THE SUBJECT PROPERTY, TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE OR SECURITY AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS' WRITTEN NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS, AND TO PROVIDE THAT THESE PROVISIONS APPLY TO ALL CURRENT AND FUTURE SUBJECT AGREEMENTS.

The veto of the Governor was taken up for immediate consideration.

Senator MARTIN moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Grooms

Hawkins                   Hayes                     Land
Leatherman                Lourie                    Malloy
Martin                    Matthews *                McGill
Mescher                   O'Dell *                  Patterson
Peeler                    Pinckney                  Richardson
Ritchie                   Ryberg                    Scott
Setzler                   Sheheen                   Thomas
Verdin                    Williams

McConnell

*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 necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Senator LEVENTIS introduced Dr. J. Capers Hiott of Wedgefield, S.C., Doctor of the Day.

On motion of Senator McCONNELL, at 12:05 P.M., Senator REESE was granted a leave of absence for this week.

On motion of Senator LEATHERMAN, at 12:05 P.M., Senator J. VERNE SMITH was granted a leave of absence for the week.

On motion of Senator MALLOY, at 12:05 P.M., Senator MOORE was granted a leave of absence for this week.

On motion of Senator ALEXANDER, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to Mrs. Mary Ruth Baxter and her family.

On motion of Senator McCONNELL, with unanimous consent, the Privilege of the Floor was extended to Mrs. Mary Ruth Baxter.

The President Pro Tempore, on behalf of the Judicial Screening Committee, presented the Order of the Silver Crescent to Mrs. Baxter and commended her on her outstanding service to the committee and to the State of South Carolina.

S. 214 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

Senator GROOMS asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

The Bill was recalled from the Committee and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 270 (Word version) -- Senator Martin: A SENATE RESOLUTION TO RECOGNIZE MRS. KAY HUNTER OF COLUMBIA FOR HER MANY YEARS OF UNSELFISH PUBLIC SERVICE TO THE SOUTH CAROLINA SENATE AND TO EXTEND BEST WISHES TO HER AND HER FAMILY UPON HER RETIREMENT AFTER THIRTY YEARS OF SERVICE TO THE CITIZENS OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

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

S. 272 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 35-1-615 SO AS TO IMPOSE A ONE-DOLLAR SURCHARGE ON A SALE OF A SECURITY BY A BROKER-DEALER REGISTERED IN THIS STATE, AND TO PROVIDE THAT THE MONIES DERIVED FROM THE SURCHARGE BE DEPOSITED IN THE GENERAL FUND.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 273 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-65 SO AS TO PROVIDE THAT BEGINNING WITH THE FALL SEMESTER OF 2006, AN ENGINEERING SCHOOL AND A LAW SCHOOL MUST BE ESTABLISHED BY THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY AT ITS CAMPUS IN ORANGEBURG, AND TO PROVIDE THAT FUNDS FOR THE ENGINEERING SCHOOL AND THE LAW SCHOOL MUST BE PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT AND MAY BE SUPPLEMENTED BY THE UNIVERSITY FROM OTHER FUNDS AND PRIVATE DONATIONS.
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Read the first time and referred to the Committee on Education.

S. 274 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 39-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAKING INTENTIONALLY UNTRUE STATEMENTS IN ADVERTISING, SO AS TO PROHIBIT IN ANY FORM

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

S. 275 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS GENERALLY, INCLUDING THE EXEMPTION FOR THE SALE OF PRESCRIPTION MEDICINES USED IN THE TREATMENT OF CANCER AND RELATED DISEASES, SO AS TO EXTEND THIS EXEMPTION TO THE SALE OF PRESCRIPTION MEDICINES USED IN THE TREATMENT OF RHEUMATOID ARTHRITIS.
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Read the first time and referred to the Committee on Finance.

S. 276 (Word version) -- Senator Hayes: 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.
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Read the first time and referred to the Committee on Judiciary.

S. 277 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 43, TITLE 27 OF THE 1976 CODE, BY ADDING SECTION 27-43-35 TO PROVIDE AN EASEMENT FOR THE RELATIVES AND DESCENDANTS OF ANY PERSON BURIED IN A CEMETERY FOR INGRESS AND EGRESS FOR THE PURPOSE OF VISITING THE CEMETERY.
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Read the first time and referred to the Committee on Judiciary.

S. 278 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST THE GENERAL ASSEMBLY FROM ENACTING LOCAL OR SPECIAL LAWS, SO AS TO AUTHORIZE THE OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN A COUNTY UPON THE ENACTMENT OF AN ORDINANCE AUTHORIZING SUCH OPERATION OR POSSESSION, UPON THE FAVORABLE VOTE OF A MAJORITY OF THE MEMBERS OF THE COUNTY'S LEGISLATIVE DELEGATION, OR BY A PETITION SIGNED BY FIVE PERCENT OF THE COUNTY'S REGISTERED ELECTORS SUBJECT TO A FAVORABLE REFERENDUM.
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Read the first time and referred to the Committee on Judiciary.

S. 279 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM STATE SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; AND TO REPEAL SECTION 20-7-1410 OF THE 1976 CODE RELATING TO THE NUMBER OF FAMILY COURT JUDGES ASSIGNED TO EACH JUDICIAL CIRCUIT.
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Read the first time and referred to the Committee on Judiciary.

S. 280 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 1-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT CIRCUIT COURT AND PREPARATION OF THE DOCKET, SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR CIRCUIT COURT RATHER THAN THE CIRCUIT SOLICITOR IS RESPONSIBLE FOR DETERMINING THE ORDER OF CASES CALLED FOR TRIAL FOR GENERAL SESSIONS COURT.
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Read the first time and referred to the Committee on Judiciary.

S. 281 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION OF THE GENERAL ASSEMBLY ENACTING LOCAL OR SPECIAL LAWS, SO AS TO ALLOW A COUNTY BY ORDINANCE, BY A VOTE OF A MAJORITY OF A COUNTY'S LEGISLATIVE DELEGATION OR A PETITION SIGNED BY FIVE PERCENT OF A COUNTY'S REGISTERED ELECTORS, SUBJECT TO A FAVORABLE REFERENDUM, TO AUTHORIZE THE OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN THAT COUNTY.
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Read the first time and referred to the Committee on Judiciary.

S. 282 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-120 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REQUIRE AN INDUSTRIAL FACILITY LOCATED IN A RESIDENTIAL AREA TO CEASE OPERATION IF IT IS DETERMINED THAT THE FACILITY IS NEGLIGENT IN DISPOSING OF WASTE AND INDUSTRIAL BYPRODUCTS AND THIS NEGLIGENCE CAUSES HARM TO PERSONS RESIDING IN THE AREA.
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Read the first time and referred to the Committee on Medical Affairs.

S. 283 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF PHYSICIANS AND OTHER HEALTH CARE PROFESSIONALS, BY ADDING ARTICLE 6 SO AS TO, AMONG OTHER THINGS, ESTABLISH A REGULATORY BOARD TO GOVERN THE PRACTICE OF ACUPUNCTURE IN THE STATE, TO ESTABLISH EDUCATIONAL CRITERIA FOR LICENSURE, TO ESTABLISH PENALTIES FOR VIOLATION; AND TO REPEAL SECTIONS 40-47-70 AND 40-47-75, RELATING TO PROCEDURES FOR OBTAINING PERMISSION TO PRACTICE ACUPUNCTURE.

Read the first time and referred to the Committee on Medical Affairs.

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

Initial Appointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 2000, and to expire June 30, 2006

At-Large:

David William Huffstetler, 128 Platinum Dr., Lexington, S.C. 29072

VICE Harry B. Gregory

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

Under the provisions of Section 8-13-700, S.C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.

On motion of Senators ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RICHARDSON, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Judith Ann Reese Bradley of Spartanburg, S.C., beloved sister of Senator REESE.

At 12:39 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 1:29 P.M.