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, as we come together with the House, the Senate and our Governor this evening, hear words now of St. Paul to young Timothy (II Timothy 2, paraphrase "The Living Bible"):
"Work hard so God can say to you, 'Well done'."
Let us pray.
God of our fathers, and our God, as Your Servant, His Excellency, Governor Mark Sanford comes this evening before the General Assembly, we pray that You will bless him who speaks... and us who hear... today and in the months ahead.
May we all, each in our own sphere of responsibility, the House, the Senate and all the staffs, with our Governor, be empowered and guided by Your Spirit!
Help us to so confront the issues in our common life, that, together, we may find solutions for our problems in our social, political and economic spheres of life.
We beseech Your Benediction, at the end of the day... and the Session, "Well done!"
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 2938
Agency: Clemson University - State Crop Pest Commission
SUBJECT: Pest Control Regulations
Received by Lieutenant Governor January 26, 2005
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 26, 2005
Senator RICHARDSON introduced Dr. Oswald (Ozzie) L. Mikell of Bluffton, S.C., Doctor of the Day.
On motion of Senator SETZLER, at 2:05 P.M., Senator MOORE was granted a leave of absence for today.
S. 319 (Word version) -- Senators Hayes and Malloy: A BILL TO AMEND CHAPTER 2, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DOCUMENTS DEPOSITORY SYSTEM, SO AS TO REVISE DEFINITIONS AND PROCEDURES IN ORDER TO PROVIDE FOR THE ACQUISITION OF MATERIALS IN BOTH PRINT AND ELECTRONIC FORMATS AND TO DELETE CERTAIN OBSOLETE REFERENCES.
On motion of Senator WILLIAMS, with unanimous consent, the name of Senators MOORE and WILLIAMS were added as co-sponsors of S. 319.
S. 308 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 58-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE REVIEW COMMITTEE HAS THE POWER TO APPOINT AN ADVISORY COMMITTEE, AT LEAST ONE OF WHOM MUST HAVE ELECTRIC COOPERATIVE EXPERIENCE, AND TO FURTHER PROVIDE THAT THE REVIEW COMMITTEE HAS THE DUTY TO REVIEW CANDIDATES FOR APPOINTMENT TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO DETERMINE WHETHER THE CANDIDATES ARE QUALIFIED; AND TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO ESTABLISH QUALIFICATIONS AND OTHER REQUIREMENTS RELATING TO CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS AND TO
On motion of Senator THOMAS, with unanimous consent, the names of Senators THOMAS, LOURIE and SHEHEEN were added as co-sponsors of S. 308.
S. 296 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-146 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF A VIOLENT CRIME MUST SURRENDER HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD TO THE COURT WHICH MUST TRANSMIT IT TO THE DEPARTMENT OF MOTOR VEHICLES TOGETHER WITH NOTICE OF THE CRIME, TO PROVIDE THAT THE DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD IS CONSIDERED REVOKED AND MUST NOT BE RETURNED TO THE PERSON UNDER CERTAIN CIRCUMSTANCES; BY ADDING 56-1-148 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLENT CRIME MUST HAVE A SPECIAL CODE AFFIXED TO HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD THAT IDENTIFIES THE PERSON AS HAVING BEEN CONVICTED OF A VIOLENT CRIME, TO PROVIDE A FEE TO BE CHARGED FOR AFFIXING THE CODE AND FOR ITS DISTRIBUTION, TO PROVIDE THE INTENT FOR AFFIXING THE CODE, AND TO PROVIDE A PROCESS FOR THE REMOVAL OF THE CODE; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT THE APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND MUST CONTAIN A LIST OF ALL VIOLENT CRIMES; AND TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL IDENTIFICATION CARD BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND MUST CONTAIN A LIST OF ALL VIOLENT CRIMES.
On motion of Senator MESCHER, with unanimous consent, the names of Senators MESCHER and O'DELL were added as co-sponsors of S. 296.
S. 326 (Word version) -- Senators Ritchie, Gregory, Sheheen and J. Verne Smith: A BILL TO AMEND ACT 258 OF 2004, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS ACT DO NOT APPLY TO ANY NEW, MODIFIED, OR RENEWAL PERMIT CONTAINING WHOLE EFFLUENT TOXICITY (WET) PERMIT LIMITS WHICH WAS DRAFTED AND PENDING ISSUANCE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON THE EFFECTIVE DATE OF THIS ACT, SO LONG AS THE WET PERMIT LIMITS CONTAINED IN THE PERMIT ARE ACCEPTABLE TO THE PERMITTEE.
On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 326.
S. 4 (Word version) -- Senators Leatherman, Setzler, Hayes, Mescher, Gregory and Alexander: A BILL TO AMEND TITLE 59 OF THE 1976 CODE BY ADDING CHAPTER 59, TO ENACT THE "SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT"; TO AMEND SECTION 59-17-135 RELATING TO CHARACTER EDUCATION, TO INCORPORATE THE CHARACTER TRAITS OF THE FAMILY RESPECT ACT; TO AMEND SECTION 59-18-900, RELATING TO SCHOOL REPORT CARDS, TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, AMONG OTHER THINGS, REPORTS ON COMPLIANCE WITH THIS ACT AND THE CHARACTER EDUCATION ACT AND DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
On motion of Senator MARTIN, with unanimous consent, the name of Senator MARTIN was added as a co-sponsor of S. 4.
S. 75 (Word version) -- Senators Knotts and Hutto: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS'
On motion of Senator O'DELL, with unanimous consent, the name of Senator O'DELL was added as a co-sponsor of S. 75.
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was added as a co-sponsor of S. 49.
The following were introduced:
S. 335 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE DISTINGUISHED MILITARY CONTRIBUTIONS OF GENERAL ROBERT E. LEE GOODWIN III, FORMERLY OF THE OFFICE OF THE ADJUTANT GENERAL OF THE SOUTH CAROLINA MILITARY DEPARTMENT, ON THE OCCASION OF HIS HONORABLE DISCHARGE FROM THE MISSOURI NAVAL MILITIA AS COMMANDING GENERAL OF
The Senate Resolution was adopted.
S. 336 (Word version) -- Senators Matthews, Hutto, Cromer, Moore and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; TO PROVIDE FOR ASSESSMENTS ON MILK PRODUCED IN THIS STATE TO PAY THE EXPENSES OF THE BOARD; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER; AND TO REPEAL THE PROVISIONS OF THIS CHAPTER ON JULY 1, 2012.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 337 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-135 SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO
Read the first time and referred to the Committee on Finance.
S. 338 (Word version) -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE COORDINATING COUNCIL OF THE DEPARTMENT OF COMMERCE HAS SOLE DISCRETION TO MAKE DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE PROCEDURES FOR CLAIMING THE CREDIT INCLUDING ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE THAT APPLICATIONS INCLUDE INFORMATION AS TO THE APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS, TO PROVIDE FOR REVOCATION OF THE CREDIT AND RECAPTURE OF THE TAX OTHERWISE DUE, AND TO PROVIDE FOR THE RESERVATION OF TWO MILLION DOLLARS OF THE CREDIT CAP FOR CERTAIN CITED RESEARCH AND DEVELOPMENT PROJECTS; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM
Read the first time and referred to the Committee on Finance.
S. 339 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 21, TITLE 12 OF THE 1976 CODE, BY ADDING SECTION 12-21-1085, TO PROVIDE WITH CERTAIN EXCEPTIONS THAT THE TAXES PROVIDED FOR IN ARTICLE 7 ARE IN LIEU OF ALL OTHER TAXES ON BEER AND WINE.
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Read the first time and referred to the Committee on Finance.
S. 340 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM "FUNERAL PROCESSION", TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION AND TO PROVIDE FOR A CRIMINAL PENALTY FOR A VIOLATION OF THOSE DUTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 341 (Word version) -- Senators Hawkins, Malloy, Hutto, Lourie, Thomas, Setzler, Hayes, Ritchie and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-
Read the first time and referred to the Committee on Judiciary.
S. 342 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-17-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF TOBACCO PRODUCT SAMPLES, SO AS TO PROVIDE THAT IT IS ILLEGAL TO DISTRIBUTE A TOBACCO PRODUCT SAMPLE AND TO REVISE THE PENALTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 343 (Word version) -- Senators Knotts, Cromer, Campsen, Bryant, Thomas and Cleary: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE PURSUANT TO THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT, SO AS TO ADD MATTERS THAT ARE EXEMPT WHICH WOULD DISCLOSE INFORMATION OF A LAW ENFORCEMENT AGENCY CONCERNING THE SAFETY AND SECURITY PLAN OF A PRIVATE BUSINESS, INDUSTRY, OR STATE OR LOCAL GOVERNMENT THAT WOULD PLACE THEIR PROPERTIES OR EMPLOYEES AT RISK OF DAMAGE OR HARM.
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Read the first time and referred to the Committee on Judiciary.
S. 344 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 20-7-5710 AND 20-7-5720, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE INTERAGENCY SYSTEM FOR CARING FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO SPECIFY THAT THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF JUVENILE JUSTICE ARE AMONG THE AGENCIES RESPONSIBLE FOR DEVELOPING THIS SYSTEM, TO SPECIFY THAT THE GOAL OF THE SYSTEM IS TO SUPPORT CHILDREN WHO ARE AT RISK FOR PLACEMENT IN AN OUT-OF-HOME TREATMENT
Read the first time and referred to the Committee on Judiciary.
S. 345 (Word version) -- Senator Martin: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 41, SO AS TO PROVIDE THAT IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, THE LIABILITY FOR EACH DEFENDANT IS SEVERAL ONLY AND MUST BE ALLOCATED TO THE DEFENDANTS BASED ON EACH DEFENDANT'S PERCENTAGE OF FAULT, TO ESTABLISH CRITERIA FOR ESTABLISHING THE PERCENTAGES OF FAULT, AND TO PROVIDE EXCEPTIONS FOR INTENTIONAL OR RECKLESS CONDUCT; TO AMEND SECTION 15-3-640, RELATING TO THE STATUTE OF REPOSE FOR CONSTRUCTION DEFECTS, SO AS TO REDUCE THE STATUTE OF REPOSE FROM THIRTEEN TO SEVEN YEARS AND TO DEFINE "SUBSTANTIAL COMPLETION"; TO AMEND SECTION 15-7-30, RELATING TO VENUE FOR A CIVIL ACTION, SO AS TO ESTABLISH PROCEDURES FOR DETERMINING THE PROPER VENUE; TO AMEND SECTION 15-7-100, RELATING TO A CHANGE OF VENUE OF A CIVIL ACTION, SO AS TO PROVIDE THAT WHEN VENUE IS CHANGED, AN ACTION IS NOT SUBJECT TO THE PROCEDURES FOR DETERMINING PROPER VENUE; TO AMEND SECTION 15-36-10, RELATING TO FRIVOLOUS CIVIL PROCEEDINGS, SO AS TO ADOPT THE REASONABLE ATTORNEY STANDARD FOR CIVIL FILINGS BY ALL LITIGANTS AND TO REQUIRE THE REPORTING OF VIOLATIONS OF THE ARTICLE; TO AMEND SECTION 34-31-20, RELATING TO POSTJUDGMENT INTEREST, SO AS TO PROVIDE THAT POSTJUDGMENT INTEREST SHALL ACCRUE AT THE PRIME RATE PLUS FOUR PERCENT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION OF THE COURTS, SO AS TO REMOVE THE REQUIREMENT
Read the first time and referred to the Committee on Judiciary.
S. 346 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 42-1-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF CERTAIN PERSONS FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO EXEMPT OWNER-OPERATORS OF VEHICLES LEASED TO MOTOR CARRIERS WHO HAVE SIGNED INDEPENDENT CONTRACTOR AGREEMENTS WITH A MOTOR CARRIER.
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Read the first time and referred to the Committee on Judiciary.
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.
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Read the first time and referred to the Committee on Judiciary.
S. 348 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 45-2-70 OF THE 1976 CODE, RELATING TO THE POSTING OF RULES IN LODGING ESTABLISHMENTS, TO REQUIRE THE POSTING OF A NOTICE REQUIRED BY SECTION 45-5-80; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-80 TO PROVIDE THAT ALL LODGING ESTABLISHMENTS WITHOUT A SPRINKLER SYSTEM MUST POST A NOTICE IN A CONSPICUOUS PLACE AT OR NEAR THE GUEST REGISTRATION DESK; TO AMEND CHAPTER 5, TITLE 45 BY ADDING SECTION 45-5-90 TO REQUIRE THAT INSURANCE COMPANIES THAT PROVIDE PROPERTY INSURANCE FOR HOTELS THAT HAVE WATER SPRINKLER SYSTEMS THAT ARE NOT IN COMPLIANCE WITH NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS MUST INCLUDE A STATEMENT IN THE INSURED'S INSURANCE RENEWAL NOTICE THAT CALCULATES THE PREMIUM SAVINGS THE INSURED WOULD REALIZE IF THE MOTEL'S SPRINKLER SYSTEM WAS COMPLIANT WITH THOSE STANDARDS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 349 (Word version) -- Senators Cleary, Campsen, Scott, Bryant, Thomas, Cromer and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 350 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 79 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE "CHOOSE LIFE" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL
Read the first time and referred to the Committee on Transportation.
S. 351 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLEAN INDOOR AIR ACT, INCLUDING EXCEPTIONS TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO DELETE PROVISIONS ALLOWING SMOKING IN CERTAIN PRIVATE OFFICES AND TEACHER LOUNGES AT SCHOOLS AND IN PRIVATE OFFICES AND DESIGNATED AREAS OF EMPLOYEE BREAK AREAS IN GOVERNMENT BUILDINGS; AND TO AMEND SECTION 44-95-50, RELATING TO PENALTIES FOR VIOLATIONS OF SMOKING RESTRICTIONS UNDER THE CLEAN INDOOR AIR ACT, SO AS TO DELETE THE MINIMUM FINE OF TEN DOLLARS, RETAINING THE MAXIMUM FINE OF TWENTY-FIVE DOLLARS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 352 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 95 IN COLLETON COUNTY BETWEEN MILE MARKERS 52 AND 54 MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
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Read the first time and referred to the Committee on Transportation.
S. 353 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 15, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTS AND PILOTAGE, SO AS TO REVISE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE FOR CHARLESTON AND GEORGETOWN AND PROVIDE THAT THESE ARE THE ONLY COMMISSIONERS OF PILOTAGE IN THIS STATE, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS ARE LICENSED, TRAINED, AND REGULATED.
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Read the first time and referred to the Committee on Transportation.
S. 354 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2873, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 355 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 356 (Word version) -- Senators Jackson, Patterson and Lourie: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF DOCTOR RONALD L. EPPS UPON HIS RETIREMENT AS SUPERINTENDENT OF SCHOOLS FOR RICHLAND COUNTY SCHOOL DISTRICT ONE ON
Whereas, with mixed emotions, the members of the General Assembly have learned that Doctor Ronald L. Epps is retiring from his position as Superintendent of Schools for Richland County School District One; and
Whereas, Doctor Epps was born on March 3, 1945, and received his undergraduate and graduate degrees from Emporia State University in 1966 and 1970 respectively, and Doctorate from Kansas State University in 1983; and
Whereas, he began teaching in 1966 and became Principal of Highland Park High School in 1974; and
Whereas, Doctor Epps served as associate Superintendent of Educational Services of the Topeka Kansas Public Schools from 1988 to 1993 and Superintendent of Rockford Illinois Public Schools from 1994 to 1999; and
Whereas, in 1999, he took over his present position as Superintendent of Schools for Richland County District One in Columbia, South Carolina; and
Whereas, Doctor Epps was honored with the Distinguished Leadership Award from the South Carolina School Boards Association and the Omega Psi Phi "Citizen of The Year" in 2002; and
Whereas, he has received numerous awards including being named NABSE Superintendent of the Year, Emporia State University Distinguished Alumni, Outstanding Young Man of America, and Topeka Association of Educational Office Personnel Administrator of the Year; and
Whereas, Doctor Epps has served on the boards of the United Way of the Midlands, Richland Community Health Partner, Richland Care Coalition, Communities in Schools, Greater Columbia Chamber of Commerce, Boys and Girls Clubs of the Midlands, Junior Achievement of Central South Carolina, among others; and
Whereas, he and his wife Joyce are the parents of two fine children; and
Whereas, Doctor Ronald Epps has distinguished himself through selfless leadership as superintendent and has performed a great service to his community and State; and
Whereas, it is fitting and proper to honor and recognize Doctor Epps as he retires as Superintendent of Schools for Richland County School
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, honor and recognize the accomplishments of Doctor Ronald Epps upon his retirement as Superintendent of Schools for Richland County School District One.
Be it further resolved that a copy of this resolution be forwarded to Dr. Ronald Epps.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 357 (Word version) -- Senators Ryberg, Mescher, Bryant, Fair, Verdin, Campsen, Richardson, Ritchie, O'Dell and Gregory: A BILL TO AMEND SECTIONS 9-1-1510, 9-1-1515, 9-1-1550, 9-1-1660, 9-1-1770, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT AND EARLY RETIREMENT, CALCULATION OF RETIREMENT BENEFITS, SURVIVORS' ANNUITIES, DEATH BENEFITS, AND SERVICE PURCHASE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM TWENTY-EIGHT TO THIRTY YEARS THE SERVICE CREDIT REQUIRED FOR A MEMBER OF THAT SYSTEM TO RETIRE AT ANY AGE WITHOUT A REDUCTION IN BENEFITS AND TO MAKE THE APPROPRIATE CONFORMING AMENDMENTS.
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Read the first time and referred to the Committee on Finance.
S. 358 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 50 SO AS TO ENACT THE ALL-TERRAIN VEHICLE SAFETY ACT BY PROVIDING FOR A DEFINITION OF ALL-TERRAIN VEHICLES, TO ESTABLISH AN ALL-TERRAIN VEHICLE SAFETY EDUCATION AND TRAINING PROGRAM, TO PROVIDE MINIMUM AGE REQUIREMENTS FOR PERSONS WHO OPERATE ALL-TERRAIN VEHICLES, TO PROVIDE THAT AN ALL-TERRAIN VEHICLE MUST BE EQUIPPED WITH CERTAIN SAFETY FEATURES, TO PROVIDE CERTAIN STANDARDS FOR THE OPERATION AND SALE OF AN ALL-TERRAIN VEHICLE, AND TO PROVIDE PENALTIES FOR THE
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 359 (Word version) -- Senator Courson: A SENATE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE HEATHWOOD HALL EPISCOPAL SCHOOL "HIGHLANDERS" FOOTBALL TEAM ON ITS VICTORY IN THE 2004 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AAA STATE CHAMPIONSHIP GAME.
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The Senate Resolution was adopted.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 27 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 6-4-35 OF THE 1976 CODE, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE'S DETERMINATION OF NONCOMPLIANT EXPENDITURE OF ACCOMMODATIONS TAX REVENUE, TO ESTABLISH A PROCEDURE BY WHICH A MUNICIPALITY OR COUNTY MAY REFUND ANY AMOUNT DETERMINED TO BE IN NONCOMPLIANCE AND AVOID FUTURE WITHHOLDINGS.
Ordered for consideration tomorrow.
Senator ELLIOTT from the Committee on Judiciary submitted a favorable with amendment report on:
S. 34 (Word version) -- Senators Richardson, Ryberg, Elliott and Verdin: A BILL TO AMEND SECTION 2-19-90 OF THE 1976 CODE RELATING TO THE ELECTION OF JUDGES, TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1 OF TITLE 2 OF THE 1976 CODE, BY ADDING SECTION 2-1-95, TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 50 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED DURING THE AUGUST SALES TAX HOLIDAY TO BED AND BATH LINENS.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 95 (Word version) -- Senators McConnell, Sheheen, Knotts and Elliott: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS AND SECTION 34-36-40, RELATING TO LOAN BROKERS, BOTH SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF CONSUMER AFFAIRS TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE THAT THE DEPARTMENT MAY REQUEST THAT THE ADMINISTRATIVE LAW JUDGE DIVISION IMPOSE A CIVIL FINE FOR A VIOLATION; TO AMEND SECTION 37-6-106, RELATING TO THE INVESTIGATORY POWERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE ADMINISTRATOR MAY APPLY TO THE ADMINISTRATIVE LAW COURT, RATHER THAN THE COURT OF COMMON PLEAS, FOR AN ORDER COMPELLING COMPLIANCE WITH A SUBPOENA; TO AMEND SECTIONS 37-6-108 AND 37-6-113, RELATING TO AN ORDER OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE A PROCEDURE FOR THE ADMINISTRATOR TO REQUEST A HEARING BEFORE THE ADMINISTRATIVE LAW COURT AND TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW COURT'S ORDER AS PROVIDED IN THE ADMINISTRATIVE
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 109 (Word version) -- Senators Fair, Verdin and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED IN THE STATE HOUSE AND ON THE STATE HOUSE GROUNDS ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 185 (Word version) -- Senators Martin, McConnell, Alexander, Ford and Bryant: A BILL TO AMEND SECTION 7-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 204 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 207 (Word version) -- Senators J. Verne Smith, Hutto and Campsen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXTEND THE EXEMPTION ALLOWED PROPERTY OWNED BY THE BOY SCOUTS OF AMERICA OR THE GIRL SCOUTS OF AMERICA AND USED OR OCCUPIED EXCLUSIVELY FOR SCOUTING PURPOSES TO PROPERTY REGARDLESS OF OWNERSHIP WHICH IS USED EXCLUSIVELY FOR SCOUTING PURPOSES TO GIVE THIS EXEMPTION RETROACTIVE EFFECT, AND TO WAIVE THE TIME LIMITS OTHERWISE APPLICABLE TO CLAIMS FOR REFERRAL PURPOSES OF CLAIMS MADE PURSUANT TO THE AMENDMENTS MADE BY THIS ACT.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 223 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 5-31-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES WITH NO BOARD OF
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
S. 306 (Word version) -- Senators Peeler and Short: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Judiciary submitted a favorable with amendment report on:
S. 318 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 1 TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL INCORPORATION, SO AS TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE ON MUNICIPAL INCORPORATION TO REVIEW THE FILING OF AN AREA SEEKING INCORPORATION AND TO RECOMMEND TO THE SECRETARY OF STATE WHETHER THE MINIMUM SERVICE STANDARDS FOR MUNICIPAL INCORPORATION ARE MET AND TO DEFINE CONTIGUITY FOR PURPOSES OF A MUNICIPAL INCORPORATION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 326 (Word version) -- Senators Ritchie, Gregory, Sheheen and J. Verne Smith: A BILL TO AMEND ACT 258 OF 2004, RELATING TO THE AQUATIC LIFE PROTECTION ACT, SO AS TO PROVIDE THAT
Ordered for consideration tomorrow.
Senator ALEXANDER from the Committee on Invitations polled out H. 3123 favorable:
H. 3123 (Word version) -- Reps. Clemmons, Viers and Toole: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF BEACH MUSIC TO THE CITIZENS OF SOUTH CAROLINA AND THE FUN AND ENTERTAINMENT IT PROVIDES, AND TO PROCLAIM APRIL 13, 2005, AS "BEACH MUSIC DAY" IN SOUTH CAROLINA.
AYES
Alexander Patterson Knotts O'Dell Elliott Ford Grooms Verdin Campsen
McGill Reese
Ordered for consideration tomorrow.
Senator ALEXANDER from the Committee on Invitations polled out H. 3282 favorable:
H. 3282 (Word version) -- Reps. Wilkins, 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, Scott, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE NEWLY FORMED SOUTH CAROLINA JUMP$TART COALITION FOR PERSONAL FINANCIAL LITERACY AND RECOGNIZE APRIL 11-15, 2005, AS "SOUTH CAROLINA FINANCIAL LITERACY WEEK".
AYES
Alexander Patterson Knotts O'Dell Elliott Ford Grooms Verdin Campsen
McGill Reese
Ordered for consideration tomorrow.
Senator ALEXANDER from the Committee on Invitations polled out H. 3283 favorable:
H. 3283 (Word version) -- Reps. Wilkins, 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, Scott, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO APPLAUD THE DENTAL CARE PROVIDERS AND AUXILIARIES IN SOUTH CAROLINA WHO PROVIDE FREE DENTISTRY TO THE NEEDIEST CHILDREN IN THE STATE ON THE FIRST FRIDAY OF FEBRUARY EACH YEAR AND TO RECOGNIZE FRIDAY, FEBRUARY 4, 2005, AS "SOUTH CAROLINA GIVE KIDS A SMILE DAY".
AYES
Alexander Patterson Knotts O'Dell Elliott Ford
Grooms Verdin Campsen
McGill Reese
Ordered for consideration tomorrow.
Senator ALEXANDER from the Committee on Invitations polled out H. 3293 favorable:
H. 3293 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE THOMAS CADMUS, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 22, 2005.
AYES
Alexander Patterson Knotts O'Dell Elliott Ford Grooms Verdin Campsen
McGill Reese
Ordered for consideration tomorrow.
S. 284 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2006, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2005.
Returned with concurrence.
Received as information.
S. 285 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE RICHLAND NORTHEAST HIGH SCHOOL ON THEIR 2004 STATE "WE THE PEOPLE: THE CITIZEN AND THE CONSTITUTION" CHAMPIONSHIP, AND WISH THEM SUCCESS
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 15 (Word version) -- Senators McConnell, Elliott, Ritchie, Fair, Ford, Leventis and Campsen: A BILL TO AMEND SECTION 16-3-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM NOTIFICATION, SO AS TO REQUIRE THE VICTIM TO PROVIDE HIS NAME AND OTHER PERTINENT INFORMATION TO THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR NOTIFICATION PURPOSES; TO AMEND SECTION 16-3-1525, RELATING TO VICTIM NOTIFICATION BY AN AGENCY WHO HAS PHYSICAL CUSTODY OF A PERPETRATOR, SO AS TO REQUIRE THAT A LAW ENFORCEMENT AGENCY MUST PROVIDE A VICTIM'S CONTACT INFORMATION TO A MENTAL HEALTH FACILITY HAVING CUSTODY OF THE PERPETRATOR; TO AMEND SECTION 16-3-1530, RELATING TO NOTIFICATION OF A VICTIM, SO AS TO PROVIDE THAT A VICTIM MUST BE NOTIFIED OF A TRANSFER OR ESCAPE OF A PERPETRATOR WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY; TO AMEND SECTION 16-3-1555, RELATING TO A VICTIM'S RESPONSIBILITY TO PROVIDE SPECIFIC AGENCIES WITH THE VICTIM'S CONTACT INFORMATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST NOTIFY A VICTIM OF ANY HEARINGS INVOLVING THE PERPETRATOR; TO AMEND SECTION 16-3-1560, RELATING TO NOTIFICATION TO A VICTIM ABOUT A POST-CONVICTION PROCEEDING, SO AS TO REQUIRE A VICTIM TO UPDATE HIS CURRENT CONTACT INFORMATION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO
S. 18 (Word version) -- Senators McConnell, Moore, Elliott, Ritchie, J. Verne Smith, Martin, Knotts, O'Dell, Mescher, Grooms, Hutto, Setzler, Rankin, Ford, Matthews, Land, Verdin, Jackson, Bryant, Alexander, Hawkins, Patterson, Reese, Short, Thomas and Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.
S. 19 (Word version) -- Senators McConnell, Campsen, Elliott, Hayes, Fair, Richardson and Bryant: A BILL TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
S. 91 (Word version) -- Senators McConnell, Knotts and Elliott: A BILL TO AMEND SECTION 1-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM OF OFFICE FOR SOLICITORS, SO AS TO PROVIDE THAT A SOLICITOR'S TERM OF OFFICE BEGINS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOLLOWING HIS ELECTION AND ENDS AT NOON ON THE
S. 127 (Word version) -- Senators Martin, Ford, McConnell, Moore, Knotts, Campsen, Elliott, Alexander, Leatherman, Leventis and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-250, SO AS TO PROVIDE THAT WORKERS' COMPENSATION COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT, AS CONTAINED IN RULE 501 OF THE SOUTH CAROLINA APPELLATE COURT RULES, AND TO REQUIRE WORKERS' COMPENSATION COMMISSIONERS AND THEIR ADMINISTRATIVE ASSISTANTS TO ATTEND YEARLY A WORKSHOP CONCERNING ETHICS AND THE ADMINISTRATIVE PROCEDURES ACT.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
S. 3 (Word version) -- Senators Leatherman, Verdin, Gregory and Grooms: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
H. 3270 (Word version) -- Rep. Ceips: A CONCURRENT RESOLUTION TO COMMEND BEAUFORT COUNTY AND THE BEAUFORT COUNTY COUNCIL FOR BECOMING THE FIRST LOCAL JURISDICTION TO PARTNER WITH THE UNITED STATES OF AMERICA, THROUGH THE DEPARTMENT OF THE NAVY, IN PURCHASING A RESTRICTIVE EASEMENT TO PREVENT ENCROACHMENT UPON THE MARINE CORPS AIR STATION IN BEAUFORT AND ENCOURAGE OTHER LOCAL GOVERNMENTS ACROSS SOUTH CAROLINA AND THE NATION TO FOLLOW THIS PATRIOTIC EXAMPLE.
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.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO THE CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 254 (Word version) -- Senators McGill and Cleary: A BILL TO AMEND ACT 591 OF 1994, RELATING TO THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO GIVE THE GEORGETOWN LEGISLATIVE DELEGATION THE SOLE APPOINTIVE POWERS FOR MEMBERS OF THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION INSTEAD OF BEING APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION.
The House returned the Bill with amendments.
On motion of Senator CLEARY the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 1 (Word version) -- Senators Ryberg, Hutto, Lourie, Drummond, Land, Moore, Matthews, McGill, O'Dell, Reese, Hayes, Gregory, Jackson, Martin, Rankin, Short, Richardson, Ritchie, Cromer, J. Verne Smith, Leatherman, Fair and Patterson: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD PASSENGER RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A FINE FOR A
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 6 (1R004.GFM) proposed by Senators McCONNELL and KNOTTS previously printed in the Journal of Tuesday, January 25, 2005.
Senator McCONNELL explained the amendment.
Senator GROOMS argued in favor of the adoption of the amendment.
Senator KNOTTS argued in favor of the adoption of the amendment.
Senator RYBERG moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Cleary Courson Cromer Drummond Fair Gregory Hayes Hutto Jackson Land Lourie Martin Matthews McGill O'Dell Patterson Rankin Richardson Ritchie Ryberg Setzler Short
Alexander Bryant Campsen Elliott Ford Grooms Hawkins Knotts Leatherman Malloy McConnell Mescher Peeler Reese Scott Sheheen Thomas Verdin Williams
The amendment was laid on the table.
Senator GROOMS spoke on the Bill
Senator McCONNELL proposed the following Amendment No. 7 (1R002.GFM), which was tabled:
Amend the bill, as and if amended, page 2, by striking SECTION 2 and inserting:
/ SECTION 2. Section 56-5-6530 of the 1976 Code is amended to read:
"Section 56-5-6530. The provisions of this article do not apply to:
(1) a driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons;
(2) medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals;
(3) school, church, or day care buses;
(4) public transportation vehicles except taxis;
(53) occupants of vehicles in parades;
(64) United States mail carriers;
(75) an occupant for which no safety belt is available because all belts are being used by other occupants;
(86) a driver or occupant frequently stopping or leaving a motor vehicle for pick up or delivery purposes;
(97) occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to the lap belt;
(108) children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56.
(119) a driver or occupants in a vehicle not originally equipped with safety belts." /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
Senator GROOMS spoke on the amendment.
Senator HUTTO moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Campsen Cleary Courson Drummond Elliott Gregory Hayes Hutto Jackson Land Leatherman Lourie Malloy Matthews McGill Patterson Rankin Richardson Ritchie Ryberg Setzler Sheheen Short Thomas Williams
Alexander Bryant Cromer Fair Ford Grooms Hawkins Knotts Martin McConnell Mescher Peeler Pinckney Reese Scott Verdin
The amendment was laid on the table.
Senator HAWKINS proposed the following Amendment No. 8 (1R006.), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION as follows:
/ SECTION ____. Section 56-5-6540 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) A person who violates the provisions of this article that require drivers to secure occupants seventeen years of age or younger in safety belts or child restraint systems must, upon conviction, be punished as follows:
(1) for a first offense, fined not more than two hundred dollars;
(2) for a second offense, fined five hundred dollars or imprisoned for thirty days, or both, and suspend the person's driver's license or privilege to drive a motor vehicle on the public highways for a period of thirty days; and
(3) for a third and subsequent offense, fined five hundred dollars, imprisoned for sixty days, and suspend the person's driver's license or privilege to drive a motor vehicle on the public highways for a period of ninety days." /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
Senator HUTTO moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Campsen Cleary Courson Drummond Elliott Hayes Hutto Jackson Land Leatherman Lourie Martin McConnell McGill Patterson Peeler Pinckney Rankin Richardson Ritchie Ryberg Setzler Sheheen Short Williams
Alexander Bryant Cromer Gregory Grooms Hawkins Knotts Malloy Mescher Reese Thomas Verdin
The amendment was laid on the table.
Senator KNOTTS proposed the following Amendment No. 9 (GJK\ 20160SD05), which was tabled:
Amend the bill, as and if amended, in Section 56-5-6540(A) of the 1976 Code, as contained in SECTION 3, by striking the last sentence and inserting:
/ Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED. Notwithstanding Section 56-1-640, a conviction or adjudication for a violation of this article must be:
(1) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; and
(2) reported to the offender's motor vehicle insurer. /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator KNOTTS moved that the amendment be adopted.
Senator HUTTO argued contra to the adoption of the amendment.
Senator HUTTO moved to lay the amendment on the table.
The amendment was laid on the table.
Senator KNOTTS proposed the following Amendment No. 10 (GJK\ 20159SD05), which was tabled:
Amend the bill, as and if amended, by striking Section 56-5-6450 of the 1976 Code, as contained in SECTION 1 and inserting:
/ Section 56-5-6450. No person shall be subjected to a custodial arrest for violation of the provisions of this article. Any person violating the provisions of this article shall upon conviction be fined not more than twenty-five dollars. The court shall waive any fine against any person who, before, or upon the appearance date on the summons, supplies the court with evidence of acquisition, purchase or rental of a child restraint system meeting the requirements of this article. A person may be subjected to a custodial arrest for violating the provisions of this article. A violation of this article shall be treated just as any other moving violation and shall be considered a two point offense. A person who violates the provisions of this article , upon conviction, must be fined one hundred dollars or imprisoned for thirty days, or both. /
Amend further, as and if amended in Section 56-5-6540(A) of the 1976 Code, as contained in SECTION 3 by striking all but the last sentence and inserting:
/ A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part of which may be suspended. No court costs, assessments, or surcharges may be assessed against the person convicted. No person may be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. A person may be subjected to a custodial arrest for violating the provisions of this article. A violation of this article shall be treated
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator HUTTO moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campsen Cleary Courson Drummond Elliott Gregory Grooms Hayes Hutto Jackson Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Mescher O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Setzler Sheheen Short Thomas Verdin Williams
Bryant Cromer Hawkins Knotts Scott
The amendment was laid on the table.
Senator KNOTTS proposed the following Amendment No. 11 (GJK\
20161SD05), which was tabled:
Amend the bill, as and if amended, in Section 56-5-6540(B) of the 1976 Code, as contained in SECTION 3, which begins on line 40, page 3 and inserting:
/ (E)(B) A violation of this article does not may constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action. /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Campsen Cleary Courson Cromer Drummond Elliott Gregory Hayes Hutto Jackson Land Lourie Malloy Martin Matthews McGill O'Dell Patterson Pinckney Rankin Richardson Ritchie Ryberg Scott Setzler Short Thomas Williams
Alexander Bryant Ford Grooms Hawkins Knotts Leatherman McConnell Mescher Peeler Reese Verdin
The amendment was laid on the table.
Senator GROOMS proposed the following Amendment No. 12 (NBD\11186AC05), which was tabled:
Amend the bill, as and if amended, by deleting Section 56-5-6450 on page 2 and inserting:
/ "Section 56-5-6450. No person shall be subjected to a custodial arrest for violation of the provisions of this article. Any A person violating who violates the provisions of this article shall, upon conviction, must be fined not more than twenty-five one thousand dollars, no part of which may be suspended or must be imprisoned six months. The court shall waive any fine against any person who, before, or upon the appearance date on the summons, supplies the court with evidence of acquisition, purchase or rental of a child restraint system meeting the requirements of this article."/
Amend the bill, further, by deleting Section 56-6-6540(A) on page 3 and inserting:
/(A) A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five one thousand dollars, all or part no part of which may be suspended or must be imprisoned for six months. No Court costs, assessments, or surcharges may must not be assessed against the person convicted. No person may be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No All fines collected pursuant to this section must be deposited in the state General Fund. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be:
(1) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or
(2) reported to the offender's motor vehicle insurer./
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator GROOMS moved that the amendment be adopted.
Senator RYBERG moved to lay the amendment on the table.
The amendment was laid on the table.
Senators CAMPSEN and MARTIN proposed the following Amendment No. 13B (NBD\11197AC05), which was tabled:
Amend the bill, as and if amended, by deleting Section 56-5-6540(B) and inserting:
/(E)(B) An adjudicated violation of this article does is not constitute negligence per se or contributory negligence, but it may be considered as a mitigating factor when establishing damages and is not admissible as evidence in a civil action for this purpose./
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
Senator CAMPSEN moved that the amendment be adopted.
Senator HUTTO moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Cleary Courson Drummond Ford Hutto Jackson Land Lourie Malloy Matthews McGill O'Dell Patterson Pinckney Rankin Reese Richardson Ryberg Setzler Sheheen Short Thomas Williams
Alexander Bryant Campsen Cromer Elliott Gregory Grooms Hawkins Hayes Knotts Leatherman Martin
McConnell Mescher Peeler Ritchie Scott Verdin
The amendment was laid on the table.
At 4:46 P.M., Senator MARTIN assumed the Chair.
On motion of Senator PINCKNEY, with unanimous consent, Amendment No. 16 was taken up for immediate consideration.
Senators PINCKNEY, MALLOY, JACKSON, FORD, WILLIAMS, ANDERSON and PATTERSON proposed the following Amendment No. 16 (JUD0001.001), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION to read:
/ SECTION ____. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-235. (A) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must collect and maintain the following information regarding vehicle traffic enforcement:
(1) the number of drivers stopped for vehicle traffic enforcement where a warning or citation was issued;
(2) the identifying characteristics of each driver stopped, including his race or ethnicity, age, and gender;
(3) the alleged traffic violation that led to the stop;
(4) whether the vehicle, personal effects, driver, or any passengers were searched;
(5) the basis for the search; and
(6) the race or ethnicity of the officer.
(B) The information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that comply with the laws of this State and with the State and United States Constitutions, except when warnings or citations are issued, or searches, seizures, or arrests occur.
(C) The Department of Public Safety must report annually to the General Assembly the number of licensed drivers in each county as of December thirty-first of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.
(D) The information required to be collected by subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of each legislative session for distribution to the General Assembly.
(E) An agency which employs law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must compile, annually publish, and make available to the public in a report, the following information regarding formal complaints by members of the public against officers of the agency:
(1) the number of complaints received by type and location of incident by county;
(2) the gender, age, and race of the complainant, when known, and the gender, age, and race of any officer involved in the complaint;
(3) the disposition for each complaint including, but not limited to, whether the complaint was:
(a) exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, and proper;
(b) sustained. The investigation disclosed sufficient evidence to prove the allegation;
(c) not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;
(d) unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation; and
(4) the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.
(F) As used in subsection (E), 'complaint' means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitutions or any law of the State.
(G) The annual report required by subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other
(H) Nothing in this section may be construed to create a private cause of action.
(I) Nothing in this section prohibits the introduction, in any court of competent jurisdiction, of data obtained pursuant to the requirements of this section." /
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY explained the amendment.
Senator RICHARDSON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The ACTING PRESIDENT sustained the Point of Order.
Amendment No. 16 was ruled out of order.
Senators PINCKNEY, FORD and PATTERSON proposed the following Amendment No. 14 (1-PINCKNEY):
Amend the bill, as and if amended, page 4, after line 26, by adding an appropriately numbered paragraph to read:
/ ( ) The Department of Public Safely, sheriff's departments, and municipal police departments must collect and maintain the following information concerning violations of this article:
(1) number of drivers stopped;
(2) number of drivers adjudicated;
(3) Gender of every driver stopped and adjudicated; and
(4) Race of every driver stopped and adjudicated.
The Department of Public Safety is responsible for the annual collection and distribution of this information. This information is to be distributed to the General Assembly by January fifteenth of each year." /
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY explained the amendment.
Senator RYBERG moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Campsen Cleary Fair Hawkins Hayes Martin Mescher O'Dell Richardson Ryberg Scott
Anderson Bryant Courson Cromer Drummond Elliott Ford Grooms Jackson Knotts Land Leatherman Malloy Matthews McConnell McGill Patterson Peeler Pinckney Rankin Reese Ritchie Setzler Sheheen Short Thomas Verdin Williams
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
Senator PINCKNEY asked unanimous consent to make a motion that the Senate recede from business not to exceed five minutes.
Senator HAWKINS objected.
Senator HUTTO continued arguing contra to the adoption of the amendment.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by the recess for the purpose of attending the
The PRESIDENT appointed Senators SETZLER, PEELER, RYBERG, ELLIOTT and RANKIN to escort the Honorable Mark Sanford, Governor of South Carolina, and members of his party to the House of Representatives for the Joint Assembly.
At 5:21 P.M., on motion of Senator McCONNELL, the Senate receded from business until 6:45 P.M.
The Senate reassembled at 6:45 P.M. and was called to order by the PRESIDENT.
At 6:55 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
At 7:00 P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of H. 3292, a Concurrent Resolution adopted by both Houses.
The Honorable Mark C. Sanford, and members of his party, were escorted to the rostrum by Senators SETZLER, PEELER, RYBERG, ELLIOTT and RANKIN and Representatives Mack, Ott, Merrill, Hinson and Walker.
The PRESIDENT of the Senate introduced the Honorable Mark C. Sanford, Governor of the State of South Carolina.
The Governor addressed the Joint Assembly as follows:
Mr. Speaker, Mr. President, Ladies and Gentleman of the General Assembly, Constitutional Officers and my fellow South Carolinians:
It's an honor to be with you tonight to deliver my view of the State of our State, and if I were to boil it down, I would boil it down to a
The fact that our state economy and budget have been in the woods over the past few years is well known. And whether we agreed or not on each step taken to bring us through this financial storm is irrelevant to the larger fact that each of you in this Chamber deserves a degree of credit for your part in bringing us through this storm.
It is my hope that we will walk away from this experience and take steps over the next year to avoid repeating what we have just been through. Toward that end, tonight I will lay out why I believe our economy is still at risk, and why I believe it is essential we carefully prioritize what we spend - and, in fact, limit what we spend - so that we can begin to get our state finances in order. I'll then walk through five steps, two in great detail, that I think are key to strengthening our economy and raising incomes. In each choice I lay out, I think tonight is a time for choosing.
Reforms, versus the way things have always been. Spend whatever comes in, or limit our spending so that we can first pay back money borrowed in rough times. Bold steps built around changes in things that help us compete, or just more money at the problem.
There are many categories of our state government that need further reform beyond the five I will discuss tonight: higher education, highway funding, domestic violence and adoption policy are just a few. But I believe this list of five requires our most immediate effort this year. I'll readily admit I don't have all the answers, no one does, but these five propositions have proven to be answers in other states, so I think they are worthy of your action.
I do know if we work together not as Republicans and Democrats, but as South Carolinians, we can make a real difference in more than the budget and the economy - but actually in people's lives. In each of the choices I'll outline, I ask that we take the road less traveled in politics, and make changes and reforms in the way things have been done for too long in our State.
Let's first look at our economy, and I think if you look beyond our borders to the national and international landscape, there are substantial threats looming that necessitate change.
One, we're at war.
I don't know how the situation in Iraq sorts itself out, but I do know the war spreads a gray cloud over what happens next in any economy until it is settled. Wars are expensive, both to the soldier and the taxpayer. On the taxpayer front, we're now spending $6 billion per
I've asked Staff Sgt. Charles K. Boone to join us for the State of the State. He returned from Iraq in December and was awarded the Purple Heart for the injuries he sustained as he was fired upon while pulling fellow soldiers from a burning vehicle that had been hit in their convoy. I ask that he stand and be recognized for his valor and that you applaud his service, along with the service of every soldier, sailor, airman and marine.
Two, our federal government seems to have lost its ability to simply set priorities.
The federal deficit was $422 billion this year. Add to that, the United States' current account deficit is on its way to more than $650 billion this year - about six percent of the country's GDP and that's relevant because a five percent reading for any third world nation normally is enough to trigger an IMF intervention.
Our net international debt is approaching 300 percent of annual exports. Again relevant because countries like Brazil and Argentina saw their net indebtedness rise to only slightly more, around 400 percent of their national exports, at the height of their financial crisis.
As a consequence of all of this, we're seeing a dollar that's on increasingly shaky ground.
Those are just the current events facing our national economy. More disturbing, frankly, are the longer trends. Robert Samuelson of the Washington Post recently wrote a fascinating column talking about four long-term trends, all of which negatively impact the driver of our national economy, consumer spending. His points were the following:
One, the economy is bound to lose the stimulus of rising consumer debt.
Household debt, which ranges from home mortgages to credit cards, now totals about $10 trillion, or roughly 115 percent of personal income. In 1945, debt was about 20 percent of disposable income. For six decades consumer debt and spending have risen faster than income. Debt, as we all know, can't permanently rise faster than income, and given their age, baby boomers must at some point soon begin to repay mortgages and save for retirement, which will mean less consumer spending.
Second, the benefits of defeating double-digit inflation are fading.
In 1979, inflation peaked at 13 percent. Now it's 1 to 3 percent, depending on the measure. The steep decline led to big drops in
Third, the welfare state, what I call government transfer payments, at the federal level is growing costlier. It's been covered in the past by defense shrinking as a share of the federal budget, but now as baby boomers retire and we look at higher defense spending based on global engagements, paying for future benefits will require higher taxes, bigger budget deficits or deeper cuts in other programs, all of which could hurt economic growth and consumer spending.
Four, the global trading system has become less cohesive, and, in many ways, more threatening.
Let me just make this point: the end of the Cold War - and the addition of the former Soviet Union, India and China into the trading system - has effectively doubled the global labor force from 1.5 billion to 3 billion. Ask any textile worker in the Upstate about this, and they'll tell you it's not at all an abstract concept.
This is not a commentary on global trading, but it is a commentary on the fact that there are four major economic pressures, each of which will likely slow consumer spending in the future, and that could produce a dramatic drag on the state's economy. All of these things point to the need to put our financial house in order rather than fall to the political temptation to spend every new dollar that comes into Columbia.
I can't emphasize enough how important I think it is we start paying back money borrowed from trust funds before we add new and additional spending. For this reason we proposed that new spending not increase at a faster rate than inflation and the growth of our population, and this allows us in our budget to pay back about $200 million of the $400 million owed to trust funds.
I'd ask you do the same because it is a time for choosing, and if we don't choose to hold this line on spending, our government in South Carolina will be growing faster than the people who pay for government.
Walter Edgar's book on the history of South Carolina chronicles the many times that South Carolina has been caught up in events much larger than our State and, in every instance, whether through war, hurricane, fire or the boll weevil, we've survived. We're a hearty lot,
The underlying precept of this administration has been that to prosper and to thrive economically and academically, things have to change. That has to be our path. What I am encouraged to say is that we have most certainly begun that process because many of you in this room are pushing for change. I could name a lot of you, whether a Democrat like Herb Kirsh or Republicans like Gary Smith or Rex Rice - but the point is thank you. At times it's been painful, at times it entailed steps much smaller than many of us would have liked, but we've definitely begun that process.
Whether it's through commerce reform, campaign finance reform, the debate on bobtailing, DMV restructuring, change of Senate rules, eliminating pass-throughs in spending, pork and barrel on spending, paying back the $155 million deficit or our new budget approach - we've begun.
But the question is how do we get to a place ten years from now where we're thriving, given the fact that globalization and the Internet are here, and we're directly competing with 1.2 billion Chinese and 1 billion people in India?
Michael Porter, the competitiveness guru from Harvard, thinks the answer, quite simply, is to get more competitive.
Whether in war, whether in sports, whether in business, or in our case in government, you thrive, you do well, by honing your competitive advantages.
On this front, let me walk though the five things I alluded to a few moments ago, some of which are familiar themes that I've talked about for the last couple of years, because I think they're crucial to our state's ability to compete in the global market.
One, we've got to look at our tax load, and always ask the fundamental question, how can we lighten it?
That central question is tied to two basic principles. One - do you believe individuals in South Carolina are better at spending their own money than we are in the political process? Fundamentally, I do. Two - do you believe that the private sector can allocate capital better than the government? Once again, fundamentally, I do.
Now, given the jobs and income picture in our State, it's important we focus on tax changes that would have the greatest impact in creating jobs. That's what the income tax cut we have proposed is all about, and I want to thank Bobby Harrell and David Wilkins, along with the entire Ways and Means Committee, for so quickly moving this Bill this
I'd also thank every Senator who voted for this proposal last year. For the two Republican Senators who didn't vote for it, or Democratic Senators and new Senators uncertain about their vote, I'd ask you to think about how competitive the world has become on tax rates and how it is not a party, but an economic competitiveness, issue. Did you know, for example, that there is effectively no capital gains tax in China? Did you know the flat tax on earned income in Moscow, the former capitol of Soviet communism, right now is around 13 percent? Or that in Slovakia, a little country about the size of our State and formerly trapped behind the Iron Curtain, they've seen $10 billion of direct investment since 1999, and that they agree it's in part because of their flat tax of 19 percent?
I believe if pieces of the former Soviet Union can be competitive on taxes, we can in South Carolina as well. And so I would ask you to pass the Income Tax Bill that will soon be before you in the Senate. It's an installment on larger tax changes still necessary to make us more competitive.
When talking about new jobs in South Carolina, obviously our Department of Commerce has a role and they've done a remarkable job. With 25 percent less in expenditures and personnel, they've gone from $1.2 billion of investment last year to $2.6 billion of investment this year. We need more in government to emulate their efforts of doing more with less. Higher productivity and added value are the essence of competitiveness.
Here is how the income tax cut would help job creation in our State:
1. With small business - Most of the jobs created in our State come from small businesses, yet we penalize those small businesses in what they pay in taxes - and tax large corporations at a lower rate. Corporations pay 5 percent; the little business struggling to make it pays 7 percent. This doesn't make sense to me and our proposal effectively equalizes the rates. I wish we could bring the rate from 7 to 5 percent immediately, but this compromise is a great start that mirrors what the Democratic Governor of New Mexico recently signed, and would help move us toward the kind of job start and employment numbers you see in the states more competitive than we are in income tax. The bottom line is we want to see more little businesses make it. The entrepreneur with a dream, the lady who puts a second mortgage on the house to start the business that had to wait until after the kids finished school, the fellow covered in grease still repairing lawn
2. With retirees - One of the mega trends in American society is the retirement of 60 million baby boomers. Whether we do well or poorly in attracting them here is tied to how attractive we are as a State on many fronts, including our taxes. This is a huge economic engine in McCormick County, up at the edge of the mountains, at Santee and along the coast - and we need to grow it.
3. With management teams - Bob Faith is tired of fighting with one arm behind his back to attract corporate offices to our State. We do well in attracting distribution or manufacturing facilities, but we have to go to the next level and attract the home office. That is one of those decisions that is based not just on how it affects the corporation, but on how it affects the wallets of senior management. Once again, our income tax here is keeping us from being competitive.
And so it is again a time for choosing, between a tax system that holds us back and a tax system that allows us to better compete with the rest of the world.
Second, we must become more competitive in education.
I believe passionately in education. I believe passionately in public education, and I'd say 'thank you' to every teacher, principal and administrator out there trying to make a difference in a young person's life. If you send someone out into the 21st century workforce without a first rate education, you are literally doing the equivalent of sending them into battle without a gun. You cannot thrive, you cannot prosper, without a grade 'A' education in today's world - particularly since, as I just mentioned, 1.5 billion new entrants have come into the workforce in the last twenty years.
Part of the solution lies in funding, but I think a bigger part of the solution lies in market-based reforms to the system itself.
First, on the funding front, I think that this administration has done a good job of trying to provide more resources to public education and in working to try and make sure more money gets down to where it will make the biggest difference - with teachers and in the classroom.
In fact, in the two budgets enacted before this administration took office, the total education budget in this State increased by $11 million dollars - an average of just $5.5 million dollars per year. In the two budgets since our administration took office, the total education budget in this State has increased by over $230 million dollars. Credit for that also belongs to Republican budget writers in the House and Senate. This year my budget proposes adding another $100 million dollars to
But we have to compliment that funding increase with reform. Some of those reforms you've already begun - for example when you passed the landmark accountability measures of a few years ago. More reform is key, though, because our current system often works against the efforts of a lot of great teachers and doesn't get money to some of the places where it is most needed.
We ultimately have to answer this question: if you live in a world of transformative change, wherein you literally are competing with the likes of China and India in a way that we never have before, can you afford incremental change in something as important as education? As we all know, our founding fathers were very deliberate in setting up a political system that could only move in incremental steps. Any legislatively-wrought change in education will be incremental - though we are in a world that has literally been turned upside down with globalization and the Internet. In fact, politics are very unlikely to change certain long-rooted traditions of our educational past.
I'll give you an example. There was a budget study a few years ago that showed that we could save $20 million dollars if we simply raised the minimum school district size to 2,500 students. We've in fact proposed doing this in our executive budget. In many parts of rural South Carolina, the school district lines go back the 1950s, with the black school district and the white school district. But in those very same parts of South Carolina do you know how much chance there is of changing those districts? - about zero. Similarly, we proposed in our budget the Democratic leadership position to require teachers who receive National Board Certification and the $7,500 raise with it to teach in critical need areas or subjects, and yet I have my doubts either one of those ideas will make it through the political process. That's why I continue to believe that what politics won't change, market forces can change.
This is the reason that I'm so interested in this notion of school choice. Said more simply, "If we keep on doing what we've been doing, were going to keep on getting what we've been getting."
I won't chronicle all of the challenges in our educational system, we know they're there - but then again do we? It strikes me that to most people the numbers are abstract, but do we know what they mean in human terms? For instance, we are 49th in the nation in the percentage
It is with these numbers in mind that I believe in borrowing ideas that work, and that is what got me interested in the notion of educational freedom. In every state that offered more choices to parents, performance went up. Greater latitude to teachers and principals also seemed to yield better results.
Let me give you a little more detail on one of those places. In Milwaukee, there has been a transformative impact as a result of school choice in the lives of overwhelmingly poor black kids in the inner city of Milwaukee. I don't know why we wouldn't want to bring that success story to South Carolina.
In Milwaukee, several things happened. One, public schools got better.
There are approximately 100,000 students in the Milwaukee public school district, and up to 15 percent are allowed to participate in the school choice program. On a per student basis, the choice program receives only half the funding that traditional public schools receive. For every child who attends, more money is available for students in the traditional public school. Acceptance is simply by lottery to any child whose family's income is below 175 percent of the poverty level. Because of overwhelming demand, it has grown from 337 students in 7 schools in 1990, to the full cap of approximately 15,000 students in 130 schools today.
As the choice program has grown, public schools have done better. Not surprisingly, first, because there was competition, and second, the kids for whom the public school system was working stayed and the kids for whom it wasn't working left to attend one of the many school choice options. That left more time for the teachers in existing public schools to concentrate on the remaining students.
The big point here is that public schools - existing public schools, actually got better.
All this makes common sense to me because adopting choice in Milwaukee or South Carolina is fundamentally a question about whether you believe in the free market enterprise system. In the history of man, I don't know of a product that has not been made better when subjected to the forces of competition.
Can you imagine accepting the notion that you could only buy Dell computers and Ford cars? Or your gas at one station? Or your clothes at one store? That farmers could only drive John Deere tractors? Every one of those markets are made better because there is competition.
Two, schools in the choice program are smaller and generally have a high degree of discipline. For instance, they overwhelmingly wear uniforms.
Let's be clear about this - buildings don't teach, teachers teach. And so, in these small schools of about 100 kids, they often times improvise in warehouse flex space, an office park or a church building - in all kinds of settings. And while there is less focus on the building, there is more focus on making sure that dollars are spent in the classroom.
The Bill and Melinda Gates Foundation has recognized the direct correlation between small school size, or neighborhood schools, and academic performance. For that reason, they have allocated $2.2 billion to their small school initiative. In Milwaukee, market forces have created what we're trying to create legislatively. Ronnie Townsend and Joel Lourie's Neighborhood Schools Bill, which we signed into law last year, is all about what the market has already done in Milwaukee. The Teacher Protection Act was also all about greater discipline in the classroom - discipline that already exists in these small school settings in Milwaukee.
Three, education dollars went further.
This is the intent of our SMART Funding Bill and the backpacking proposal included in our executive budget - to give local principals and local teachers more discretion on how they spend the money. It happens every day in 137 schools across Milwaukee.
Four, dropout rates fell.
One of the biggest things we can do to improve economic conditions in South Carolina is to have more people graduate from high school.
At the common sense level, what works for one child may not work for another. One thing Jenny and I have seen with our four boys is how different they are from day one, despite the fact that they come from the same nest and same home setting. They're remarkably different, and I think it's important that we recognize that level of diversity within our educational system.
Fifth and finally, people were empowered.
While I'm attracted to this idea because I believe in the market's ability to improve a product and lower the price of that product, probably the more powerful reason to embrace Put Parents In Charge,
The heart of the old Democratic Party was built on the progressive concept of bringing options and opportunities to people who didn't have them. For that reason, the Democratic mayor of Milwaukee, John Norquist, embraced the idea. It's for that reason that Anthony Williams, the Democratic mayor of the District of Columbia, has embraced this idea. It's for that reason that Professor Howard Fuller, the former superintendent of the Milwaukee educational system, not only embraced the idea but has created the Black Alliance for Educational Options, because he believes educational choices bring with them the chance to transform people's lives.
I personally saw those lives being transformed when I was at the Marva Collins School in Milwaukee. Ninety-six percent of all the students are minorities. Seventy-three percent of them come from single-parent households. As I mentioned earlier, a lottery determines admission, so it is pure chance - others call it grace - but, for families who make it into that school, tears of joy are shed because they know the implications. Can you imagine tears being shed because you got into the public school in Allendale or Marion?
This is a gut-check vote and indeed a time for choosing, I believe, on the degree to which we care about not only making changes so that our State can compete on the international playing field, but, more importantly, about making changes that can transform people's lives.
For the State, and for the sake of these kids' lives, I ask for this Bill's passage.
Third, we must be more competitive in structuring our government.
High cost government serves no one's purposes and makes us less attractive for private investment. We cannot go on spending money as we do and be competitive.
We cannot go on with our current structure and be competitive. We cannot go on with the lack of accountability inherent in our structure of government and be competitive.
To each of you here in the Legislative Chamber, I would just make two points. One - you know our proposal - to simply allow voters the chance to give their opinion on their government's structure, better integrating our public healthcare delivery system and much of the administrative oversight now handled by forty-nine other governors - I ask you not water the proposal down so that it is restructuring in name only. Quite literally, the chance to better the services of government and lower the cost of government is in your hands. It is indeed a time
Before I leave this subject, I do thank GLENN McCONNELL for the way he has consistently spoken out in support of what we have proposed. In the same vein, I want to commend YANCEY McGILL and KENT WILLIAMS for the way they demonstrated courage in the debate on Senate Rules. People like GREG GREGORY and GREG RYBERG have as well shown a real willingness to lead on the subject of restructuring, and I simply ask you join them.
And I want to add one other thought.
We need to take steps to reform the state retirement system. During the last administration it was recklessly added to with no serious look at the financial ramifications, and, as a consequence, its indebtedness has spiraled by a staggering 2,000 percent to $4.4 billion over the last five years. At present it is simply a ticking time bomb for state retirees, and if we stay on our present course, the cost of living adjustments they had counted on won't be there. Your Comptroller General, Richard Eckstrom, deserves great credit for the way he has highlighted this problem. We have proposed a number of solutions in our budget - and we need to take action this year - but a big part of the solution I believe is in moving new employees from a defined benefit plan to a defined contribution plan.
Fourth, our present legal system is neither fair nor efficient. It needs real reform. Those small business folks I was talking about just a little while ago tell me they can't be competitive and create new jobs unless changes are made. Folks at the hospital where Jenny had all four of our boys tell me the same thing. I believe it is time to follow the other twenty-six states that have modified their legal systems over the last few years, or get ready for a lot of U-Haul trailers headed down I-85 or I-95 with jobs and investment bound for some other state that would have come here if we had changed things.
Once again, it is a time for choosing - between a legal system that hurts small businesses and their chances of competing - and changes that have already been made by half the states in this country.
Finally, there is one more choice before us tonight. Do we enhance the quality of life in South Carolina? I believe quality of life is the last key in our state's ability to compete and thrive.
Richard Florida recently wrote a book called The Creative Class and its premise was that new wealth creation in the 21st century will not come from production, given the relatively inexpensive nature of production from the Far East and third-world countries, instead it will
1. How do you look and feel as a State? Elizabeth Hagood, chairwoman of the DHEC board, and Mike McShane, chairman of the DNR board, both deserve credit for the way they constantly remind me that quality of life is worthy of continued focus here in South Carolina.
The Vought-Alenia management team ultimately chose Charleston over Mobile and other places around the country because there was a better quality of life. Retirees in many cases come to South Carolina because we don't look like South Florida. So on this front it's worth highlighting a few of the things that happened this year that will make a difference in our ability to compete in this arena.
First, we had a real win this year with the Conservation Bank; you fully funded it and deserve credit for doing so - thank you for that.
We also had a big win on quality of life with the Bonneau Ferry acquisition, and I want to thank former Senator Hollings, DNR director John Frampton, John Luke and the extended "Westvaco family," and Father Kline and his team at Mepkin Abbey for all they did to advance conservation in South Carolina.
2. Another part of quality of life in South Carolina is law enforcement. It is a building block to any functioning society. It's for this reason we proposed adding 425 new law enforcement officers in our budget this year. We have had a law enforcement deficit over the last couple of years, and I'd ask you help alleviate it in the House and Senate budgets. I also want to say thank you to that same law enforcement community, the emergency response team, folks at the Highway department and the Guard for all they did as we dealt with what seemed like a hurricane a week for five weeks this past fall - and more recently the situation in Graniteville.
3. To be competitive in keeping creative people, you don't run over them on the road. Far too many people are killed in South Carolina by drunk drivers. Our .08 legislation needs to be fixed, and I think there is a real conflict when people in this Chamber make money as lawyers as a result of the current system - and then stymie efforts to strengthen .08 legislation. I know JoAnn Gilham and Mothers Against Drunk Driving join the law enforcement community in asking you to change it.
4. Moving our health care system toward more prevention, rather than simply the treatment of illnesses, is key to being competitive. I ask you fund the new prevention grant, cervical and breast cancer screening and cancer research requests we placed in our budget.
5. Next I'd say I can't emphasize enough the importance of each one of us taking steps to become more active. Lifestyle - not money - could add years and quality to every one of our lives. We rank 47th nationwide in overall health while ranking 11th in public health care spending per capita. Nearly 25 percent of South Carolinians are classified as obese. We rank 12th in the nation in number of adults without physical activity.
It was with these statistics in mind that I proposed a Family Fitness Challenge last year to raise awareness on the importance of every one of us being just a bit more active. In this Chamber last year, I proposed kicking it off by riding a bike across the State with whoever would join us. We will match that with another bike ride, some rafting on the Chattooga with my friends at Wildwater and a road race here or there this year because I'll go as many places as time permits to join South Carolinians willing to invest the energy into making a difference in their health.
On all these activities Jenny and the boys are with me. The boys don't know better and usually think it is kind of fun, Jenny does - and whether riding a bike across the State or working on a budget - she is there as my best friend and supporter. It is something I need in this role, and I'd ask you join me in thanking her for her real commitment to our State.
Finally, while on the subject of thank you's let me just end with a couple more.
I want to thank Bobby Harrell, HUGH LEATHERMAN, David Wilkins and GLENN McCONNELL for their work to pass the Fiscal Discipline Act. I think it was absolutely key to paying back the $155 million deficit that I think was unconstitutionally borrowed.
Two, I want to thank those same folks, and Republican and Democratic members of the related committees, for the $100 million in savings adopted from last year's executive budget. I sent a longer list this year!
In fact, our budget represents a different approach to budgeting in South Carolina government that is built on what Michael Porter has encouraged, moving resources from low-growth sectors to high-growth sectors. It is yet another step toward becoming more competitive.
My final thought for the night on this notion of our State being more competitive, whether a financial storm comes our way or not, would be that if you get the chance read Russ Crosson's book, A Life Well Spent. It was given to me by Pat McKinney, a longtime friend, and it talks about the lasting difference each of us could make if we invested more time and energy in those closest to us. In that regard, going back to some of the things we used to be better at as South Carolinians might just be the sixth key in our ability to compete effectively in the 21st century. Taking your son to his Cub Scout meeting or your wife to dinner, visiting your grandparents for Sunday church or going to your daughter's soccer game can set things in motion and fix problems no government program will ever be able to fix.
With the five - or maybe six - things I just outlined, we have a lot to work on this year. I look forward to working with you to improve the life of every South Carolinian. I ask for your prayers. God bless our great State and good night.
The purpose of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 7:58 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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