SENATE JOURNAL 04/12/2006 - South Carolina Legislature Online

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

Wednesday, April 12, 2006
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by Senator SHORT as follows:

Beloved, as we come within the shadow of the Christian's Good Friday and the Jewish Passover, hear the words of the Epistle to the Hebrews (11:23-28):

"By faith Moses... left Egypt, not being afraid of the anger of the king; for he endured as seeing Him who is invisible. By faith he kept the Passover and sprinkled the blood, so that the destroyer of the first-born might not touch them..."

Let us pray.

Our Father, we thank You for this profound and wonderful season of the year - so filled with the evidences of mankind's degradation and so full of hope from our God.

We are grateful for the uplift that comes to the Jews when they remember the meaning of Passover - the victory of life over death!

We thank You for the message of joy that comes to Christians as we look at the cross and the open, empty tomb!

Let us always remember that there is hope in the grace and power of the Almighty God!
Amen!

Point of Quorum

At 2:06 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   O'Dell
Patterson                 Peeler                    Pinckney
Reese                     Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Thomas
Verdin                    Williams

A quorum being present, the Senate resumed.

Recorded Presence

Senator ELLIOTT recorded his presence subsequent to the Call of the Senate.

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

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 3059
Agency: Department of Transportation
SUBJECT: Highway Advertising Control Act
Received by Lieutenant Governor April 12, 2006
Referred to Transportation Committee
Legislative Review Expiration March 19, 2007

Doctor of the Day

Senator COURSON introduced Dr. John L. Eady of Columbia, S.C., Doctor of the Day.

S. 1295--CO-SPONSORS ADDED

S. 1295 (Word version) -- Senator Cromer: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16 OF THE 1976 CODE, RELATING TO MISCELLANEOUS CRIMES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-525 TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE.

On motion of Senator HAWKINS, with unanimous consent, the names of Senators SHEHEEN, LOURIE, HAWKINS, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, MCCONNELL, MCGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SCOTT, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS were added as co-sponsors of S. 1295.

S. 1286--CO-SPONSOR ADDED

S. 1286 (Word version) -- Senators Ritchie and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-875 SO AS TO PROVIDE THAT THE COURT MAY ORDER A NONCUSTODIAL PARENT WHO IS UNEMPLOYED OR UNDEREMPLOYED TO PARTICIPATE IN AN EMPLOYMENT TRAINING PROGRAM OR PUBLIC SERVICE EMPLOYMENT, TO PROVIDED THAT UPON FAILURE OF THE PARENT TO COMPLY WITH SUCH AN ORDER, THE COURT MAY ISSUE A WARRANT FOR THE PARENT'S ARREST; AND TO PROVIDE THAT COURT ADMINISTRATION SHALL APPROVE THE ELIGIBILITY CRITERIA, ACCOUNTABILITY, AND IMPLEMENTATION PROGRAM OF SUCH A PROGRAM.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S.1286.

S. 518--CO-SPONSORS ADDED

S. 518 (Word version) -- Senator Short: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROHIBIT CERTAIN CHARGES BY A CONSUMER CREDIT REPORTING AGENCY, TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, TO PROVIDE A PERSON RECEIVING A SELLER OR LENDER CREDIT CARD SOLICITATION IS NOT LIABLE FOR THE UNAUTHORIZED USE OF THE CREDIT CARD UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.

On motion of Senator JACKSON, with unanimous consent, the names of Senators JACKSON, FORD and MATTHEWS were added as co-sponsors of S. 518.

MOTION ADOPTED

Senator McCONNELL asked unanimous consent to make a motion that upon conclusion of the Motion Period, the Senate agreed to go into Executive Session.

There was no objection and the motion was adopted.

RECALLED AND COMMITTED

H. 3109 (Word version) -- Reps. M.A. Pitts, E.H. Pitts, Taylor, Mahaffey and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-160 SO AS TO PROVIDE THAT A SCHOOL BUS DRIVER SHALL HAVE A PHYSICAL PERFORMED BY A PHYSICIAN OR NURSE PRACTITIONER BEFORE THE TESTING REQUIRED TO OPERATE A SCHOOL BUS AND PROVIDE FOR THE REPORTING OF THE RESULTS OF THE EXAMINATION.

Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled from the Committee on Transportation.

Senator RYBERG asked unanimous consent to commit the Bill to the Committee on Medical Affairs.

There was no objection.

The Bill was committed to the Committee on Medical Affairs.

RECALLED

H. 4870 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN LAURENS COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 39 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 72 THE "JOE B. MEDLOCK MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOE B. MEDLOCK MEMORIAL HIGHWAY".

Senator RYBERG asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection.

The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 1246 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Senator SHEHEEN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1340 (Word version) -- Senator Alexander: A SENATE RESOLUTION CONGRATULATING MISS ERIKA GRACE POWELL OF EASLEY, SOUTH CAROLINA, ON BEING CROWNED MISS SOUTH CAROLINA 2005 AND COMPETING IN THE 2006 MISS AMERICA PAGEANT, RECOGNIZING HER MANY ACCOMPLISHMENTS, AND WISHING HER MUCH SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
l:\s-res\tca\009erik.mrh.doc

The Senate Resolution was adopted.

S. 1341 (Word version) -- Senator Richardson: A SENATE RESOLUTION HONORING AND CONGRATULATING MRS. CARRIE COLEMAN ROBINSON OF HILTON HEAD, SOUTH CAROLINA, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, APRIL 21, 2006, AND WISHING HER A WONDERFUL CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
l:\s-res\shr\014carr.mrh.doc

The Senate Resolution was adopted.

S. 1342 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO COMMEND THE LIEUTENANT GOVERNOR'S OFFICE ON AGING, DIVISION ON AGING SERVICES SHIP PROGRAM WHICH PROVIDES MEDICARE COUNSELING TO SENIORS, THE DISABLED COMMUNITY, THEIR FAMILIES, AND CAREGIVERS.
l:\council\bills\ms\7351ahb06.doc

The Senate Resolution was adopted.

S. 1343 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-444 SO AS TO PROVIDE THAT EACH SCHOOL SHALL PROVIDE FOR AT LEAST TWENTY MINUTES OF MANDATORY RECESS DURING THE SCHOOL DAY FOR STUDENTS IN KINDERGARTEN THROUGH FIFTH GRADE WITH THE CHILD CHOOSING THE ACTIVITY TO PARTICIPATE IN DURING THAT PERIOD.
l:\council\bills\gjk\21124sd06.doc

Senator THOMAS spoke on the Bill.

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

S. 1344 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 3, TITLE 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-165, RELATING TO CONTACT BETWEEN A CHILD AND EACH PARENT, SO AS TO PROMOTE CONTACT INFORMATION AND VIRTUAL PARENT-TIME ACCESS WITH A CHILD WHEN IT IS IN THE CHILD'S BEST INTERESTS.
l:\s-jud\bills\mescher\jud0069a.wcm.doc

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

S. 1345 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 40-39-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE REGULATION OF PAWNBROKERS, SO AS TO REVISE THE DEFINITION OF "PLEDGED GOODS"; TO AMEND SECTION 40-39-100, RELATING TO CHARGES ON LOANS, SO AS TO REMOVE THE TWO THOUSAND DOLLAR CAP ON THE AMOUNT OF MONEY A PAWNBROKER MAY LOAN; AND TO AMEND SECTION 40-39-150, AS AMENDED, RELATING TO ADMINISTRATIVE FINES AND PENALTIES FOR VIOLATIONS, SO AS TO PROVIDE THAT CERTAIN CRIMINAL PENALTIES ARE DISCRETIONARY RATHER THAN MANDATORY.
l:\council\bills\nbd\12432ac06.doc

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

S. 1346 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROVIDE PUBLIC NOTICE PRIOR TO THE ISSUANCE OF A CONSTRUCTION PERMIT FOR A FACILITY THAT STORES SLUDGE OR OTHER RESIDUALS AND THAT IS NOT LOCATED AT THE SITE OF AN EXISTING WASTEWATER OR SLUDGE TREATMENT FACILITY.
l:\council\bills\nbd\12437ac06.doc

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1347 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 16-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTRY ON ANOTHER'S LAND FOR VARIOUS PURPOSES WITHOUT PERMISSION, SO AS TO EXTEND THE PROVISIONS OF THE TRESPASS TO INCLUDE A PERSON'S HUNTING DOGS.
l:\council\bills\ms\7352ahb06.doc

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1348 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3056, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\12431ac06.doc

Read the first time and ordered placed on the Calendar without reference.

S. 1349 (Word version) -- Senators Richardson and Pinckney: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.
l:\council\bills\dka\3677dw06.doc

Read the first time and, on motion of Senator RICHARDSON, with unanimous consent, S. 1349 was ordered placed on the Calendar without reference.

REPORTS OF STANDING COMMITTEES

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

S. 17 (Word version) -- Senators Hutto, McConnell, Mescher, Fair and Ford: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.