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, as we remember the 300th birthday of Benjamin Franklin and the 74th birthday of Dr. Martin Luther King, Jr., hear the words of St. Peter (1 Peter 2:16-17):

"As servants of God...honor all men...love the brotherhood... fear God."

Let us pray.

Father of us all, as we study the pages of history, and read between the lines, we learn that it is the divine will that all races and creeds of mankind should live together, and work together with concern for each other's needs, with respect for each other's points of view, enjoying the good things of Your earth, TOGETHER!

Help us to find a way to bear each other's loads of grief and carry each other's loads of trouble. Help us to pass the word that the spiritual values of life are necessary ingredients for the economic well-being and happiness of all people - everywhere!
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. 3011
Agency: Clemson University, Livestock Poultry Health Commission
SUBJECT: Intrastate Movement of Certain Animals
Received by Lieutenant Governor January 17, 2006
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 17, 2006

Senator COURSON rose for an Expression of Personal Interest.

Mr. PRESIDENT, I will be brief. My two great political heroes - Senator STROM THURMOND and President Ronald W. Reagan - both died when we were not in session. Another hero, Dr. Harry McKinley Lightsey, Jr. died Sunday at the age of 74. If South Carolina ever had a man for all seasons, it was Harry Lightsey. His personal accomplishments are amazing. He graduated from Dreher High School in Columbia in 1958 and Clemson University in 1962. He was President of the Student Body at Clemson and graduated summa cum laude. He then received a Doctorate in Veterinary Medicine from the University of Georgia and practiced in Allendale for two years. He decided that he would attend the University of South Carolina Law School. He was the first and only student to make straight A's through USC's law school.

He was also very involved with the South Carolina Senate. He was counsel to the President Pro Tempore, counsel for the Senate Finance Committee, and counsel for the Banking and Insurance Committee. He has served the Palmetto State in so many constructive roles. He was Dean of the University of South Carolina Law School from 1980-1986, and then President of the College of Charleston until 1992. Dr. Lightsey served on numerous boards and commissions, including the Commission on Higher Education. He was Chairman of the S. C. Democratic Party. He occasionally supported Republicans for public office. I am honored to have received his support. He was a true gentleman. His persona was based on civility, intellect, the ability to communicate and to work well with others. I guess the great tragedy for our State was that this South Carolina man of all seasons never ran for public office. He would have been a great, great governor for this State. He was an intellectual giant. We will miss him. His funeral tomorrow at Trinity Episcopal Cathedral will be at 2:30. I am trying to arrange reserved pews at Trinity for those Members of the Senate who are able to attend.

Thank you, Mr. PRESIDENT.

Senator SETZLER rose for an Expression of Personal Interest.

Ladies and Gentlemen of the Senate, I'll be brief. This is probably much more difficult for me than it is for the Senator from Richland, and I'm not sure anyone other than the Senator from Clarendon in this Chamber knows that Harry Lightsey was my adopted godfather. There is not another man that I am closer to on this earth than I was to Harry Lightsey. He trained me as a young lawyer, he trained me in politics and he trained me in life. This State has been blessed and touched by Harry Lightsey, and I will have some comments to make tomorrow at his funeral. But the one thing that he said as he died was that he wanted to be remembered by South Carolina as an educator. So what I would ask you to do is, as you go through this day, remember the contributions that Harry Lightsey has made as an educator in South Carolina.

On motion of Senator HAYES, with unanimous consent, the remarks of Senators COURSON and SETZLER were ordered printed in the Journal.

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, Cleary, Richardson, Jackson and Patterson: 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 HUTTO, the name of Senator HUTTO was added as a co-sponsor of S. 947.

S. 958 (Word version) -- Senators Cleary, Elliott, Lourie, Leventis, Scott, Anderson, Reese and Land: 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 SHEHEEN, the name of Senator was added as a co-sponsor of S. 958.

S. 943 (Word version) -- Senators Elliott, Ford and Leventis: A BILL TO AMEND SECTIONS 39-5-145 AND 39-5-147, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRICE GOUGING AND MISLEADING CHARITABLE SOLICITATIONS, RESPECTIVELY, DURING A DECLARED STATE OF EMERGENCY OR DISASTER, SO AS TO PROHIBIT THE ACTS ALSO UPON AN OUT-OF-STATE DECLARATION OF A STATE OF EMERGENCY OR DISASTER RESULTING IN ABNORMAL DISRUPTION OF THE MARKET IN CERTAIN COMMODITIES WHEN THIS STATE IS AFFECTED, AND TO INCREASE THE CRIMINAL PENALTIES FOR PRICE GOUGING, INCLUDING A FELONY FOR THIRD AND SUBSEQUENT OFFENSES.

On motion of Senator ANDERSON, the name of Senator ANDERSON was added as a co-sponsor of S. 943.

S. 946 (Word version) -- Senators Leventis and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-79 SO AS TO PROVIDE THAT BEFORE ANY LEGISLATIVE ENACTMENT OR BEFORE ANY ACTION BY THE GOVERNOR OR HIS AGENTS WHICH WOULD IMPLEMENT OR DIRECT A CHANGE IN A STATE PROGRAM OR IN A FEDERAL PROGRAM ADMINISTERED BY THE STATE, THE BOARD OF ECONOMIC ADVISORS FIRST MUST CONDUCT A STUDY AND ISSUE A REPORT, TO PROVIDE FOR THE CONTENTS OF THE STUDY AND REPORT, AND TO PROVIDE FOR WHEN THE PROGRAM CHANGES TAKE EFFECT.

On motion of Senator ANDERSON, the name of Senator ANDERSON was added as a co-sponsor of S. 946.

S. 969 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, 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 ANDERSON, the name of Senator ANDERSON was added as a co-sponsor of S. 969.

S. 978 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 7-5-150 AND 7-15-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF VOTER REGISTRATION BOOKS AND ABSENTEE VOTER REGISTRATION FORMS, SO AS TO REDUCE FROM THIRTY DAYS TO THE SATURDAY BEFORE THE ELECTION THE DEADLINE FOR VOTER REGISTRATION.

On motion of Senator ANDERSON, the name of Senator ANDERSON was added as a co-sponsor of S. 978.

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, Verdin and Leventis: 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 ANDERSON, the name of Senator ANDERSON was added as a co-sponsor of S. 1029.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 1:00 P.M. tomorrow, Wednesday, January 18, 2006.

S. 1036 (Word version) -- Senator Hayes: A BILL TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 967 OF 1962, AS AMENDED, RELATING TO YORK COUNTY COMMISSION FOR TECHNICAL EDUCATION AS SECTIONS 59-53-1310, 59-53-1320, 59-53-1330, AND 59-53-1340 OF THE 1976 CODE TO BE CONTAINED IN ARTICLE 16, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "YORK COMMISSION FOR TECHNICAL EDUCATION"; AND TO AMEND ARTICLE 16, CHAPTER 53 OF TITLE 59, RELATING TO THE YORK COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ADD A MEMBER TO THE COMMISSION FROM CHESTER COUNTY AND A MEMBER FROM LANCASTER COUNTY, TO PROVIDE FOR THEIR APPOINTMENTS AND TERMS OF OFFICE; AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

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

The following were introduced:

S. 1043 (Word version) -- Senators Matthews and Hutto: A SENATE RESOLUTION TO CONGRATULATE AND EXTEND VERY BEST WISHES TO CHARLOTTE ELIZABETH MONTAGUE PARTRIDGE OF ALLENDALE COUNTY AS SHE CELEBRATES HER ONE HUNDREDTH BIRTHDAY ON JANUARY 16, 2006, AND TO WISH HER MANY MORE HAPPY BIRTHDAYS TO COME.
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The Senate Resolution was adopted.

S. 1044 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 12-45-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TAX RECEIPTS BY A COUNTY TREASURER UPON FULL PAYMENT OF THE TAXES AND CHARGES DUE, SO AS TO PROVIDE THAT A COUNTY TREASURER MAY ACCEPT A LESSER AMOUNT THAN THE ORIGINAL TAX BILL TOGETHER WITH ANY APPLICABLE PENALTIES, COSTS, AND CHARGES WHENEVER A BANKRUPTCY PROCEEDING AUTHORIZES A LESSER AMOUNT TO BE PAID, AND TO PROVIDE THAT THE AUDITOR MAY PREPARE A TAX BILL TO AUTHORIZE NEGOTIATED TAXES AS A RESULT OF A BANKRUPTCY.
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Read the first time and referred to the Committee on Finance.

S. 1045 (Word version) -- Senators Ritchie and Bryant: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE, SO AS TO REDUCE THE MARRIAGE LICENSE FEE FOR COUPLES THAT COMPLETE A QUALIFYING PREMARITAL PREPARATION COURSE.
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Read the first time and referred to the Committee on Judiciary.

S. 1046 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DIRECT AND SUPERVISE VACCINATION, SCREENING, AND IMMUNIZATION, SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AN IMMUNIZATION REGISTRY.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1047 (Word version) -- Senators Ryberg and Knotts: A BILL TO AMEND SECTION 56-3-5400 OF THE 1976 CODE, RELATING TO FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY ISSUE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES ONLY TO ACTIVE MEMBERS IN GOOD STANDING, TO PROVIDE A PERSON ISSUED A LICENSE PLATE PURSUANT TO THIS SECTION WHO CEASES TO BE A MEMBER MUST SURRENDER HIS LICENSE PLATE, AND TO PROVIDE PENALTIES FOR KNOWINGLY FAILING TO SURRENDER THE LICENSE PLATE.
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Read the first time and referred to the Committee on Transportation.

S. 1048 (Word version) -- Senator Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-225 SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION SHALL APPOINT CURRICULUM ADVISORY COMMITTEES IN CERTAIN SUBJECT AREAS TO DEVELOP AND RECOMMEND STATEWIDE CURRICULUM TO THE STATE BOARD OF EDUCATION, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL ENSURE THAT ALL TEXTBOOKS BEING USED OR ON THE APPROVED INSTRUCTIONAL MATERIAL MASTER LIST ARE ALIGNED WITH ADOPTED STATE ACADEMIC AND PERFORMANCE STANDARDS.
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Read the first time and referred to the Committee on Education.

S. 1049 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts and Bryant: A BILL TO AMEND SECTION 16-17-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISTURBING SCHOOLS, SO AS TO PROVIDE GREATER SPECIFICITY FOR THE TYPES OF CONDUCT WHICH CONSTITUTE THE OFFENSE AND TO PROVIDE FOR INTERVENTION BY SCHOOL OFFICIALS PRIOR TO REFERRING SOME CASES TO COURT.
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Senator RITCHIE spoke on the Bill.

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

S. 1050 (Word version) -- Senators Ritchie, Ford, Mescher, Knotts, Bryant and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "FAMILY COURT REFORM ACT OF 2006", BY AMENDING SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS SUITS, SO AS TO CLARIFY THAT AN ACTION IN FAMILY COURT IS SUBJECT TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT AND MANDATE SANCTIONS FOR MULTIPLE FINDINGS OF FRIVOLOUS SUITS; TO AMEND SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES IN DIVORCE CASES, SO AS TO ELIMINATE ADULTERY AS A PROHIBITION TO AN AWARD OF ALIMONY, TO CREATE A CATEGORY OF "LIMITED ALIMONY", TO CREATE A REBUTTABLE PRESUMPTION OF FINITE ALIMONY FOR SHORT-TERM MARRIAGES AND DEFINE SHORT-TERM MARRIAGES, TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN ALIMONY FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE AND RELATING TO THE PAYMENT OF ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE PROCEEDINGS, TO REQUIRE THAT ALL PAYMENTS MADE BY THE PAYOR MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDE ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT, AND TO REQUIRE THAT IF THE PAYOR SPOUSE IS EVER TEN DAYS OR MORE LATE IN PAYING HIS OBLIGATION, THEN, UPON THE FILING OF AN AFFIDAVIT BY THE PAYEE SPOUSE, ALL FUTURE PAYMENTS, ALONG WITH A SERVICE FEE, MUST BE MADE THROUGH THE CLERK OF COURT; TO AMEND TITLE 20, RELATING TO THE CHILDREN'S CODE, BY ADDING CHAPTER 6, ENTITLED THE "SOUTH CAROLINA FAMILY COURT HEARING OFFICER ACT", SO AS TO ESTABLISH FAMILY COURT HEARING OFFICERS; TO AMEND CHAPTER 7 OF TITLE 20, RELATING TO THE PAYMENT OF CHILD SUPPORT, BY ADDING SECTION 20-7-93, SO AS TO REQUIRE THAT IN CHILD SUPPORT ORDERS, THE PAYMENT MUST BE MADE THROUGH THE CLERK OF COURT UNLESS THE PAYOR SPOUSE DEMONSTRATES THAT HE WILL NOT DEFAULT ON THE OBLIGATION OR PROVIDES ADEQUATE SECURITY FOR THE PAYMENT OF THE SUPPORT; TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF FAMILY COURT IN DOMESTIC MATTERS, SO AS TO ADD A SUBSECTION CONCERNING FAMILY COURT JURISDICTION IN FRIVOLOUS MATTERS AND TO MANDATE THAT JUDGES SANCTION PARTIES WITH TWO OR MORE PRIOR DETERMINATIONS OF FILING A FRIVOLOUS CLAIM OR MOTION; TO AMEND SECTION 20-7-472, RELATING TO THE EQUITABLE APPORTIONMENT AND CRITERIA OF MARITAL PROPERTY, SO AS TO MODIFY THE TIME PERIOD FOR MARITAL MISCONDUCT AS AN EQUITABLE DISTRIBUTION FACTOR TO THE DATE OF FILING AN ACTION FOR DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE; TO AMEND SECTION 20-7-570, RELATING TO A FALSE REPORT OF SUSPECTED CHILD ABUSE OR NEGLECT MADE MALICIOUSLY OR IN BAD FAITH, SO AS TO MANDATE THAT JUDGES SANCTION THE REPORTING PARTY UPON A SECOND OR SUBSEQUENT DETERMINATION OF MAKING A FALSE REPORT MALICIOUSLY OR IN BAD FAITH; AND TO AMEND TITLE 20, BY ADDING CHAPTER 8, ENTITLED THE "SOUTH CAROLINA FAMILY LAW MEDIATION ACT", SO AS TO MANDATE MEDIATION IN ALL DOMESTIC RELATIONS ACTIONS IN FAMILY COURT, TO PROVIDE FOR EXCEPTIONS WHERE MEDIATION IS NOT REQUIRED AND EXCEPTIONAL CIRCUMSTANCES WHERE MEDIATION MAY BE WAIVED, TO PROVIDE A TIMEFRAME WITHIN WHICH MEDIATION MUST BE ACCOMPLISHED, AND TO PROVIDE THAT NO FINAL HEARING IN A DOMESTIC RELATIONS ACTION SHALL BE SCHEDULED UNTIL MEDIATION IS COMPLETED IN THE MATTER, UNLESS IT IS EXEMPTED OR EXCEPTED FROM MEDIATION.
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Senator RITCHIE spoke on the Bill.

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

S. 1051 (Word version) -- Senator Hawkins: A SENATE RESOLUTION TO CONGRATULATE THE BYRNES HIGH SCHOOL VARSITY FOOTBALL TEAM ON ITS MOST IMPRESSIVE FOURTH CONSECUTIVE CLASS AAAA DIVISION II STATE CHAMPIONSHIP AND TO HONOR THE PLAYERS AND THEIR COACH, BOBBY BENTLEY, ON AN INCREDIBLE SEASON.
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The Senate Resolution was adopted.

S. 1052 (Word version) -- Senator Williams: A SENATE RESOLUTION TO HONOR AND CELEBRATE THE SIXTY-FIRST WEDDING ANNIVERSARY OF MR. AND MRS. CLAYTON SELLERS OF MARION COUNTY AND TO WISH THEM BOTH MANY MORE YEARS OF MARITAL BLISS IN THE FUTURE.
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The Senate Resolution was adopted.

H. 4379 (Word version) -- Reps. Cooper, Harrell, Ott, Young, Kirsh, Chalk, Lucas, Ballentine, Chellis, Hardwick, Jennings, Haley, G. R. Smith, Perry, Brady, Hinson, Battle, Hosey, Hayes, Toole, Neilson, J. H. Neal, Harrison, Clark, Cobb-Hunter, J. R. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Bannister, Barfield, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Clemmons, Clyburn, Coates, Coleman, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Hamilton, Haskins, Herbkersman, J. Hines, M. Hines, Hiott, Hodges, Howard, Huggins, Jefferson, Kennedy, Leach, Limehouse, Littlejohn, Loftis, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. M. Neal, Norman, Owens, Parks, 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, J. E. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire and Witherspoon: 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.

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

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

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

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.

By prior motion of Senator RITCHIE, with unanimous consent

The following Joint Resolution was read the third time and ordered sent to the House of Representatives:

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, Cleary, Richardson, Jackson, Patterson and Hutto: 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.

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

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.

Senator LEATHERMAN explained the Joint Resolution.

On motion of Senator LEATHERMAN, with unanimous consent, S. 1026 was ordered to receive a third reading on Wednesday, January 18, 2006.

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.

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

Senators HUTTO and MATTHEWS proposed the following amendment (1039R001.CBH):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   Title 57, Chapter 3, Article 7 of the 1976 Code is amended by adding:

"Section 57-3-619.   Notwithstanding any other provision of law, the Department of Transportation shall impose a toll along Interstate Highway 95 where it crosses Lake Marion in either Orangeburg County or Clarendon County. The revenue collected from the imposition of this toll must be used for the maintenance, upgrade, and expansion of the highway and interchanges of Interstate 95."/
Renumber sections to conform.
Amend title to conform.

Senator HUTTO explained the amendment.

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

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.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator LEVENTIS retaining the floor.

On motion of Senators SETZLER, KNOTTS, RYBERG and CROMER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Marc H. Westbrook, Judge, Eleventh Judicial Circuit, who lost his life in a tragic automobile accident.

At 1:06 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 1:00 P.M.

This web page was last updated on Wednesday, June 24, 2009 at 1:08 P.M.