Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Book of Esther, 3:14.
"Yet, who knows whether you had come to the Kingdom for such a time as this?"
Let us pray.
Father, we pray again! We ask Your special healing hands to be upon our dear colleague, Senator J. VERNE SMITH and his wife, Jean. Be with them and their doctors and restore them to health.
These are days of destiny calling for a good people to join with our president, Your servant, George W. Bush, in the effort to bring in a WORLD to be called the Beloved Community.
We remember the challenge of General MacArthur on the battleship in Tokyo Bay, when he said:
"We have had our last chance.
If we do not devise some greater and more equitable
system, Armageddon will be at our door!"
Forbid it, Lord, Forbid it!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Director, Department of Revenue and Taxation, with term coterminous with Governor
Ray N. Stevens, 9 Whitehurst Way, Simpsonville, S.C. 29680 VICE Burnet Maybank
Referred to the Committee on Finance.
Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 2006, and to expire June 30, 2010
4th Congressional District:
Dorothy C. Bailey, 306 Raven Road, Greenville, S.C. 29615 VICE Jane W. Daniel
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2005, and to expire June 30, 2009
4th Congressional District:
R. Russell Boyd, 107 Nightingale Lane, Greenville, S.C. 29607 VICE Stephen Samuel Lomax
Referred to the Committee on Judiciary.
Reappointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2006, and to expire June 30, 2012
At-Large - Chairman:
David William Huffstetler, SC Workers Compensation System, P. O. Box 1715, Columbia, S.C. 29202 VICE Harry B. Gregory
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2006, and to expire June 30, 2010
3rd Congressional District:
Lesley White, 419 Ellington Road, Pendleton, S.C. 29670 VICE Nancy Jo Thompson
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2002, and to expire March 21, 2007
2nd Congressional District:
James Buxton Terry, 16 Quinine Hill, Columbia, S.C. 29204 VICE Jean Burns
Referred to the Committee on Medical Affairs.
The following were received and referred to the appropriate committees for consideration:
Document No. 3030
Agency: Department of Labor, Licensing and Regulation - Board of Nursing
SUBJECT: Supervising Licensees
Received by Lieutenant Governor January 11, 2006
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2006
Document No. 3031
Agency: Department of Labor, Licensing and Regulation - Board of Dentistry and 40-15-275
SUBJECT: License to Practice Dentistry
Received by Lieutenant Governor January 11, 2006
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2006
Document No. 3035
Agency: Department of Labor, Licensing and Regulation - Board of Nursing and 40-33-1345(C)
SUBJECT: Nurse Licensure Compact
Received by Lieutenant Governor January 11, 2006
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2006
Senator BRYANT introduced Dr. Jerry Powell of Anderson, S.C., Doctor of the Day.
On motion of Senator HUTTO, at 11:15 A.M., Senator MOORE was granted a leave of absence for today.
Senator FORD rose for an Expression of Personal Interest.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
S. 132 (Word version) -- Senators Leatherman and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-225, TO EXTEND VARIOUS MOTOR VEHICLE INSURANCE COVERAGES TO "LOANER" VEHICLES AND DEMONSTRATOR VEHICLES AND PROVIDE FOR RELATED MATTERS.
On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was added as a co-sponsor of S. 132.
S. 296 (Word version) -- Senators Martin, Mescher, O'Dell, Richardson and Cromer: 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 BRYANT, with unanimous consent, the name of Senator BRYANT was added as a co-sponsor of S. 296.
S. 513 (Word version) -- Senators Richardson, McConnell and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-36 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR A MOTOR VEHICLE REPAIR BUSINESS TO ADMINISTER INSURANCE CLAIMS FOR MOTOR VEHICLE REPAIRS.
On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 513.
S. 958 (Word version) -- Senators Cleary, Elliott, Lourie, Leventis, Scott, Anderson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.
On motion of Senator LAND, with unanimous consent, the name of Senator LAND was added as a co-sponsor of S. 958.
S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF A TAX MUST BE LEVIED TO PAY FOR A DEFICIENCY OF THE PRECEDING YEAR, ANY CATASTROPHIC EVENT OUTSIDE THE CONTROL OF THE GOVERNING BODY, OR COMPLIANCE WITH A COURT ORDER OR DECREE, THE AMOUNT OF TAX PAID BY A TAXPAYER MUST BE LISTED ON THE TAX STATEMENT AS A SEPARATE SURCHARGE AND NOT INCLUDED WITH A GENERAL MILLAGE INCREASE; AND PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF THIS STATE, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT, EXCEPT IN CERTAIN CIRCUMSTANCES, A SCHOOL DISTRICT, COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, PUBLIC SERVICE DISTRICT, OR POLITICAL SUBDIVISION OF THE STATE MUST LIMIT AN INCREASE IN ITS MILLAGE RATE TO NO MORE THAN THE AVERAGE OF THE PERCENTAGE INCREASES IN THE TOTAL PERSONAL INCOME GROWTH IN THE STATE FOR EACH OF THE THREE PREVIOUSLY COMPLETED CALENDAR YEARS FOR WHICH FIGURES ARE AVAILABLE FROM THE UNITED STATES DEPARTMENT OF COMMERCE.
On motion of Senator HAYES, with unanimous consent, the name of Senator HAYES was removed as a co-sponsor of S. 969.
S. 970 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams and Ford: A BILL TO REPEAL SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION IN MILLAGE RATE INCREASES.
On motion of Senator HAYES, with unanimous consent, the name of Senator HAYES was removed as a co-sponsor of S. 970.
S. 1029 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie and Verdin: A JOINT RESOLUTION TO CREATE AN EMINENT DOMAIN STUDY COMMITTEE TO REVIEW THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA AND TO RECOMMEND LEGISLATIVE CHANGES, IF APPROPRIATE.
On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 1029.
S. 1030 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 1 TO TITLE 28 SO AS TO ENACT THE SOUTH CAROLINA PRIVATE PROPERTY RIGHTS PROTECTION ACT; TO AMEND SECTIONS 28-2-60, AND 28-2-210, RELATING TO EMINENT DOMAIN BY SUBSTITUTING "PUBLIC USE" FOR "PUBLIC PURPOSE"; TO AMEND SECTION 28-11-30, RELATING TO ACQUISITIONS OF REAL PROPERTY BY STATES AND POLITICAL SUBDIVISIONS, SO AS TO SUBSTITUTE "PUBLIC BODY" FOR "ENTITY"; TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO A COUNTY'S POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO REQUIRE A COUNTY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING THE USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY; AND TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S POWER OF EMINENT DOMAIN, SO AS TO REQUIRE A MUNICIPALITY TO ADHERE TO STATEWIDE STANDARDS OF EXERCISING EMINENT DOMAIN AND DELETE PROVISIONS CONCERNING USE OF EMINENT DOMAIN TO UNDERTAKE AND CARRY OUT CLEARANCE AND REDEVELOPMENT OF BLIGHTED OR SLUM PROPERTY.
On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 1030.
S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie and Verdin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE A DEFINITION OF PUBLIC USE AND REQUIRE THAT AN ENTITY PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT IT IS CONDEMNING PROPERTY FOR A PUBLIC USE AND WILL OWN, OPERATE, AND RETAIN CONTROL OVER THE CONDEMNED PROPERTY; PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE I, RELATING TO TREASON AND SLUM CLEARANCE AND REDEVELOPMENT, SO AS TO DELETE THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS, WHICH PROVIDE MUNICIPALITIES AND HOUSING OR REDEVELOPMENT AUTHORITIES IN SUMTER AND CHEROKEE COUNTIES THE POWER TO CARRY OUT SLUM CLEARANCE AND REDEVELOPMENT; AND PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE XIV, RELATING TO SLUM CLEARANCE AND REDEVELOPMENT, SO AS TO DELETE SECTION 5, WHICH PROVIDES MUNICIPALITIES AND HOUSING OR REDEVELOPMENT AUTHORITIES IN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES THE POWER TO CARRY OUT SLUM CLEARANCE AND REDEVELOPMENT.
On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 1031.
The following were introduced:
S. 1038 (Word version) -- Senators Martin, Gregory, Cleary, Knotts, Richardson, Ryberg and Mescher: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 135, TO ENACT THE "ASBESTOS AND SILICA VICTIMS PROTECTION ACT OF 2006", TO PROVIDE THAT, EXCEPT FOR CLAIMS BASED ON MESOTHELIOMA, NO PERSON MAY BRING OR MAINTAIN AN ASBESTOS OR SILICA CLAIM WITHOUT FIRST MAKING A PRIMA FACIE SHOWING THAT A QUALIFIED PHYSICIAN HAS DIAGNOSED THE PERSON WITH AN ASBESTOS-RELATED OR SILICA-RELATED DISEASE BASED ON THE PHYSICIAN'S ANALYSIS OF A DETAILED OCCUPATIONAL AND EXPOSURE HISTORY OF THE PERSON AND AN ANALYSIS OF THE PERSON'S MEDICAL HISTORY, TO ESTABLISH CRITERIA FOR THE REQUIRED MEDICAL DOCUMENTATION OF THE EXPOSED PERSON'S PHYSICAL IMPAIRMENT, TO ESTABLISH THAT THE LIMITATIONS PERIOD FOR AN EXPOSED PERSON TO BRING AN ACTION DOES NOT BEGIN TO RUN UNTIL THE EXPOSED PERSON DISCOVERS, OR SHOULD HAVE DISCOVERED, HIS OR HER PHYSICAL IMPAIRMENT, TO LIMIT THE LIABILITY OF THE SELLER OF A PRODUCT THAT CONTAINS ASBESTOS OR SILICA WHERE THE SELLER IS NOT THE MANUFACTURER OF THE PRODUCT, TO CLARIFY THAT THIS ACT DOES NOT AFFECT THE SCOPE OR OPERATION OF ANY WORKER'S COMPENSATION LAW OR VETERANS' BENEFIT PROGRAM, AND TO ESTABLISH CERTAIN OTHER REQUIREMENTS TO FILE AND MAINTAIN AN ASBESTOS OR SILICA CLAIM.
l:\s-res\lam\018asbe.kmm.doc
Read the first time and referred to the Committee on Judiciary.
S. 1039 (Word version) -- Senators McGill, Elliott, Cleary, Leatherman, Malloy, Land and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-618 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY IMPOSE AND COLLECT A TOLL ALONG THE PROPOSED INTERSTATE 73 UPON COMPLETION OF THIS HIGHWAY PROJECT TO BE USED TO PAY FOR THE COST OF PLANNING, RIGHT-OF-WAY ACQUISITIONS, FINANCING, CONSTRUCTION, OPERATION, MAINTENANCE, AND OTHER EXPENSES ASSOCIATED WITH THIS PROJECT, AND FOR THE REMOVAL OF THE TOLLS UPON PAYMENT OF ALL SUCH COSTS.
l:\council\bills\swb\6636cm06.doc
Senator LEATHERMAN spoke on the Bill.
Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, S. 1039 was ordered placed on the Calendar without reference.
S. 1040 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 12-37-220(B) OF THE 1976 CODE, RELATING TO GENERAL EXEMPTIONS FROM TAXES, TO PROVIDE AN EXEMPTION FROM AD VALOREM TAXATION FOR ALL PROPERTY OWNED BY COUNTY FAIR ASSOCIATIONS OR SOCIETIES AND FOR FAIRGROUNDS OWNED AND OPERATED BY AGRICULTURAL OR MECHANICAL SOCIETIES PROVIDED THAT THE FAIRGROUNDS ARE NOT USED FOR PROFIT.
l:\s-res\jdh\041fair.kmm.doc
Read the first time and referred to the Committee on Finance.
S. 1041 (Word version) -- Senators Hutto and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES.
l:\council\bills\nbd\11918cm06.doc
Read the first time and referred to the Committee on Transportation.
S. 1042 (Word version) -- Senators Hutto, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE AT EXIT 159 ALONG INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY THE "JOHN W. MATTHEWS, JR. INTERCHANGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN W. MATTHEWS, JR. INTERCHANGE".
l:\council\bills\swb\6643cm06.doc
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4394 (Word version) -- Reps. W. D. Smith, Littlejohn, Mitchell, Mahaffey, Talley, Walker and Sinclair: A BILL TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION AND TO AUTHORIZE THE COMMISSION TO NAME THE EDUCATIONAL INSTITUTION CREATED BY IT AS THE SPARTANBURG COMMUNITY COLLEGE.
Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator RITCHIE, with unanimous consent, H. 4394 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4414 (Word version) -- Reps. Harrell, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, 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, Harrison, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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 INVITING HIS EXCELLENCY, MARSHALL CLEMENT (MARK) SANFORD, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 18, 2006, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1023 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 214 OF 2005, AS AMENDED, RELATING TO THE ESTABLISHMENT OF ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SCHOOL BOARD OF TRUSTEES OF YORK SCHOOL DISTRICT 1 OF YORK COUNTY ARE ELECTED, SO AS TO CHANGE THE DATES ON WHICH THE ELECTION IS CONDUCTED.
By prior motion of Senator HAYES
S. 586 (Word version) -- Senators Short and Richardson: A BILL TO AMEND SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S MANAGEMENT OF VEGETATION ALONG INTERSTATE HIGHWAY MEDIANS, ROADSIDES, AND INTERCHANGES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY UNDERTAKE THIS ACTIVITY AT ITS DISCRETION AFTER CONSULTING THE LOCAL GOVERNMENTAL AUTHORITY THAT HAS JURISDICTION OVER THE PORTION OF HIGHWAY SUBJECT TO THE VEGETATION MANAGEMENT PROJECT.
S. 965 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO RETURN ALL SET-ASIDES COLLECTED FROM BLIND VENDORS PURSUANT TO SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 14.4, PART 1B OF THE 2005 GENERAL APPROPRIATIONS ACT.
The following Joint Resolution, having been read the second time, was ordered placed on the Third Reading Calendar:
S. 947 (Word version) -- Senators Courson, Hayes, Matthews, Setzler, Lourie, Short, Fair, Leventis, Land, Alexander, Ford, Gregory, O'Dell, Malloy, Moore, McConnell, J. Verne Smith, Sheheen, McGill, Knotts and Cleary: A JOINT RESOLUTION TO PROVIDE THAT ACT 99 OF 1999, THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT, IS REAUTHORIZED UNTIL JULY 1, 2013.
On motion of Senator PATTERSON, with unanimous consent, the names of Senators RICHARDSON, JACKSON and PATTERSON were added as co-sponsors of S. 947.
The following Bill and Joint Resolutions were carried over:
S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF A TAX MUST BE LEVIED TO PAY FOR A DEFICIENCY OF THE PRECEDING YEAR, ANY CATASTROPHIC EVENT OUTSIDE THE CONTROL OF THE GOVERNING BODY, OR COMPLIANCE WITH A COURT ORDER OR DECREE, THE AMOUNT OF TAX PAID BY A TAXPAYER MUST BE LISTED ON THE TAX STATEMENT AS A SEPARATE SURCHARGE AND NOT INCLUDED WITH A GENERAL MILLAGE INCREASE; AND PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF THIS STATE, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT, EXCEPT IN CERTAIN CIRCUMSTANCES, A SCHOOL DISTRICT, COUNTY, MUNICIPALITY, SPECIAL PURPOSE DISTRICT, PUBLIC SERVICE DISTRICT, OR POLITICAL SUBDIVISION OF THE STATE MUST LIMIT AN INCREASE IN ITS MILLAGE RATE TO NO MORE THAN THE AVERAGE OF THE PERCENTAGE INCREASES IN THE TOTAL PERSONAL INCOME GROWTH IN THE STATE FOR EACH OF THE THREE PREVIOUSLY COMPLETED CALENDAR YEARS FOR WHICH FIGURES ARE AVAILABLE FROM THE UNITED STATES DEPARTMENT OF COMMERCE.
On motion of Senator McCONNELL, with unanimous consent
S. 970 (Word version) -- Senators McConnell, Leatherman, Thomas, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams and Ford: A BILL TO REPEAL SECTION 6-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION IN MILLAGE RATE INCREASES.
On motion of Senator McCONNELL, with unanimous consent
S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Lourie, Malloy, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Reese, Richardson, Ritchie, Ryberg, Scott, J. Verne Smith, Thomas, Verdin and Williams: A JOINT RESOLUTION TO APPROPRIATE FROM THE GENERAL FUND OF THE STATE TO THE STATE'S GENERAL DEPOSIT ACCOUNT FISCAL YEAR 2004-2005 SURPLUS REVENUES IN THE AMOUNT OF $104,934,400 FOR THE PURPOSE OF PREVENTING AN ACCUMULATED GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) GENERAL FUND DEFICIT.
On motion of Senator McCONNELL, with unanimous consent
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.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3381 (Word version) -- Reps. Cato, Skelton, Jennings, W.D. Smith, Townsend, Merrill, Ott, Rice, Mack, Viers and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT", TO DEFINE CERTAIN TERMS FOR THE PURPOSES OF THE ACT, TO EMPOWER LOCAL GOVERNMENTS TO REQUIRE THE REMOVAL OF NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS AND TO REGULATE THE USE OF THEM, TO AUTHORIZE LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1(GGS\22180HTC.05) proposed by Senator LEVENTIS and previously printed in the Journal of January 10, 2006.
Senator LEVENTIS spoke on the amendment.
At 12:40 P.M., Senator MARTIN moved under the provisions of Rule 15A to set a time certain of 12:55 P.M. to vote on the entire matter of H. 3381.
At 12:55 P.M., the "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Cromer Elliott Fair Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ritchie Ryberg Scott Thomas Verdin
Courson * Ford Hutto Leventis Lourie Malloy Matthews McGill Patterson Pinckney Reese Sheheen Williams
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote, the motion under Rule 15A failed.
With Senator LEVENTIS retaining the floor, on motion of Senator McCONNELL, debate was interrupted by adjournment.
On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to an appointment made by the Governor and the following name was reported to the Senate in open session:
Having received a favorable report from the Committee on Judiciary, the following appointment was confirmed in open session:
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2004, and to expire May 19, 2011
At-Large - Chairman:
Oscar L. Thompson III, O. L. Thompson Construction Co., Inc., P.O. Box 63535, Charleston, S.C. 29419 VICE Guerry Green
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Howard H. Poston, Jr. of Kingstree, S.C.
At 1:05 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
This web page was last updated on Wednesday, June 24, 2009 at 1:08 P.M.