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

Printed Page 59 . . . . . Wednesday, January 11, 2006

Wednesday, January 11, 2006
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:30 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, St. Paul gives advice for the long range. Hear his words to the Romans (15:13):

"Now may the God of Hope fill you with joy and peace in believing, that you may abound in hope by the power of the Holy Spirit."

Let us pray.

Lord, God of Heaven and earth, we thank You for causes bigger than ourselves.

We know we are only earthen vessels, but we know also, that by Your GRACE, we bear in our hearts the priceless treasure of the transcendent power of our God.

We seek only to be good stewards of our Heavenly Father and loyal to our people who sent us here.

So help us Father!
Amen!

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

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor

September 7, 2005
Mr. President and Members of the Senate:

I respectfully request withdrawal from your consideration the appointment listed below:

Withdrawal of Statewide Appointment

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

2nd Congressional District:

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Mrs. Jane Kiser, 67 Myrtle Island Road, Bluffton, S.C. 29910 VICE Jean Burns

Respectfully,
Mark C. Sanford

Appointment Withdrawn

On motion of Senator PEELER, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2984
Agency: Board of Education
SUBJECT: Denial, Revocation and Suspension of Credentials
Received by Lieutenant Governor January 10, 2006
Referred to Education Committee
Legislative Review Expiration May 10, 2006

Document No. 2995
Agency: Department of Consumer Affairs
SUBJECT: Fees and Charges of Consumer Credit Counseling Organization Licensees
Received by Lieutenant Governor January 10, 2006
Referred to Banking and Insurance Committee
Legislative Review Expiration May 10, 2006

Document No. 2996
Agency: Board of Education
SUBJECT: Displaying the Flag
Received by Lieutenant Governor January 10, 2006
Referred to Education Committee
Legislative Review Expiration May 10, 2006

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Document No. 2999
Agency: Board of Education
SUBJECT: Additional Areas of Certification
Received by Lieutenant Governor January 10, 2006
Referred to Education Committee
Legislative Review Expiration May 10, 2006

Document No. 3012
Agency: Department of Labor, Licensing and Regulation - Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists
SUBJECT: Licensees, Ethics for Supervisors and Standards for Supervision
Received by Lieutenant Governor January 10, 2006
Referred to Medical Affairs Committee
Legislative Review Expiration May 10, 2006

Document No. 3026
Agency: South Carolina Maritime Security Commission and Naval Militia
SUBJECT: Maritime Security Commission and Naval Militia
Received by Lieutenant Governor January 10, 2006
Referred to Transportation Committee
Legislative Review Expiration May 10, 2006

Document No. 3036
Agency: South Carolina Lottery Commission
SUBJECT: Instant Games, Online Games
Received by Lieutenant Governor January 11, 2006
Referred to Education Committee
Legislative Review Expiration May 11, 2006

Doctor of the Day

Senator RANKIN introduced Dr. Richard Schmitt of Myrtle Beach, S.C., Doctor of the Day.

S. 960--Co-Sponsor Removed

S. 960 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford and O'Dell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE

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CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE BASE TAX VALUE FOR REAL PROPERTY IS ROLLED BACK TO THE TAXABLE VALUE OF THE 2004 TAX YEAR OR THE TAX YEAR IN WHICH THE MOST RECENT REASSESSMENT OCCURRED PRIOR TO 2004, TO REQUIRE THAT THE GENERAL ASSEMBLY ESTABLISH A STATEWIDE SYSTEM FOR ASSESSMENT OF REAL PROPERTY BASED ON REASSESSMENTS AT THE TIME OF ASSESSABLE TRANSFERS OF INTEREST, TO PROVIDE FOR COUNTIES TO SELECT FROM SEVERAL METHODS OF ASSESSMENT AS ESTABLISHED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was removed as a co-sponsor of S. 960.

S. 969--Co-Sponsor Removed

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

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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 SETZLER, with unanimous consent, the name of Senator SETZLER was removed as a co-sponsor of S. 969.

S. 970--Co-Sponsor Removed

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 SETZLER, with unanimous consent, the name of Senator SETZLER was removed as a co-sponsor of S. 970.

S. 747--Co-Sponsor Added

S. 747 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 12-37-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE ASSESSED VALUE OF A VEHICLE BY A COUNTY AUDITOR, SO AS TO PROVIDE THAT IN DETERMINING THE FAIR MARKET VALUE OF A NEW MOTOR VEHICLE FOR AD VALOREM PROPERTY TAX PURPOSES TO WHICH THE APPLICABLE ASSESSMENT APPLIES, THE COUNTY AUDITOR SHALL USE THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF THE VEHICLE, THE VALUE PUBLISHED IN THE GUIDE OF THE

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DEPARTMENT OF REVENUE, OR THE ACTUAL PRICE PAID BY THE OWNER BASED ON THE BILL OF SALE, WHICHEVER IS LOWER.

On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was added as a co-sponsor of S. 747.

S. 938--Co-Sponsor Added

S. 938 (Word version) -- Senators Courson, Hayes, Ryberg and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-5 SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION WHO WILL BE A MEMBER OF THE GOVERNOR'S EXECUTIVE CABINET; TO AMEND SECTIONS 1-1-110 AND 1-1-1210, BOTH RELATING TO OFFICERS OF THE EXECUTIVE DEPARTMENT, SO AS TO DELETE THE STATE SUPERINTENDENT OF EDUCATION FROM THOSE LISTS AND TO UPDATE SALARY REFERENCES; AND TO AMEND SECTION 1-30-10, RELATING TO THE GOVERNING AUTHORITY OF DEPARTMENTS OF STATE GOVERNMENT, SO AS TO PROVIDE FOR THE STATE SUPERINTENDENT OF EDUCATION TO BE APPOINTED BY THE GOVERNOR; AND TO REPEAL SECTIONS 59-3-10 AND 59-3-20, BOTH RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 938.

S. 939--Co-Sponsor Added

S. 939 (Word version) -- Senators Courson and Ritchie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE 2006 GENERAL ELECTION, THE SUPERINTENDENT MUST BE

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APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, FOR A TERM COTERMINOUS WITH THE GOVERNOR.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 939.

S. 949--Co-Sponsor Added

S. 949 (Word version) -- Senators Bryant and Verdin: A BILL TO AMEND CHAPTER 56 OF TITLE 59 OF THE 1976 CODE, RELATING TO THE ATTENDANCE OF PUPILS, BY ADDING SECTION 59-65-35, TO PROVIDE THE LOCATIONS WHERE A PARENT MAY PROVIDE FOR THE ACADEMIC INSTRUCTION OF THEIR CHILDREN IN A HOME SCHOOLING PROGRAM; TO AMEND SECTIONS 59-65-40, 59-65-45, AND 59-65-47, RELATING TO HOME SCHOOLING REQUIREMENTS, TO PROVIDE THAT THE PARENTS OF HOME SCHOOLED CHILDREN ARE NOT REQUIRED TO BE THE EXCLUSIVE EDUCATORS OF THEIR CHILDREN; AND TO AMEND SECTION 59-65-46, RELATING TO THE HOME SCHOOLING OF A FOSTER CHILD, TO PROVIDE THAT FOSTER PARENTS ARE NOT REQUIRED TO BE THE EXCLUSIVE EDUCATORS OF THEIR FOSTER CHILDREN THAT ARE HOME SCHOOLED.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 949.

S. 951--Co-Sponsor Added

S. 951 (Word version) -- Senators McConnell, Ford, Leventis, Ryberg and Ritchie: A BILL TO AMEND SECTION 10-1-161, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING, SO AS TO PROVIDE THAT THE GOVERNOR MAY ORDER FLAGS FLOWN AT HALF-STAFF WHEN AN ACT OF CONGRESS OR A PRESIDENTIAL ORDER IS ISSUED ORDERING FLAGS ON FEDERAL BUILDINGS BE FLOWN AT HALF-STAFF.

On motion of Senator CAMPSEN, with unanimous consent, the name of Senator CAMPSEN was added as a co-sponsor of S. 951.

RECALLED

S. 1026 (Word version) -- Senators Leatherman, Leventis, Setzler, Rankin, McGill, Short, Martin, Sheheen, Alexander, Anderson, Bryant, Campsen,

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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 asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1033 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-11-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, INCLUDING THE SWIMMING POOL, SUBCLASSIFICATION UNDER THE GENERAL CONTRACTOR SPECIALTY CLASSIFICATION, SO AS TO PROVIDE THAT WORK UNDER THIS SUBCLASSIFICATION DOES NOT REQUIRE AN EXAMINATION FOR PREFABRICATED OR RESIDENTIAL ABOVEGROUND POOLS AND THAT SUCH A SUBCLASSIFICATION LICENSE IS NOT REQUIRED TO APPLY PAINT OR SEALANT TO THE INSIDE OF A POOL OR SPA OR TO POOL DECKS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1034 (Word version) -- Senators Land and Knotts: A BILL TO AMEND SECTION 56-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE WHOLESALER

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AND DEALER LICENSES, SO AS TO INCREASE THE AMOUNT OF THE SURETY BOND AN APPLICANT FOR LICENSURE AS A WHOLESALER OR A DEALER MUST PROVIDE TO THE DEPARTMENT OF MOTOR VEHICLES AND TO INCREASE THE AGGREGATE LIABILITY OF THE SURETY FOR CLAIMS ON EACH BOND AND THE AMOUNT OF THE ACTUAL LOSS INCURRED.
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Read the first time and referred to the Committee on Transportation.

S. 1035 (Word version) -- Senators Richardson, Ritchie, Cleary, Bryant, Scott, Elliott, Peeler, Verdin, Fair, Leatherman, Ryberg, Mescher, O'Dell, J. Verne Smith, Martin and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE FOR THE ORDERLY DISSOLUTION OF THE SECOND INJURY FUND AND TO PROVIDE FOR SUBSEQUENT ACTIONS TO BE TAKEN BY THE BUDGET AND CONTROL BOARD RELATING TO THE WINDING DOWN OF OPERATIONS OF THE FUND; BY ADDING SECTION 42-15-85 SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS ON THE EMPLOYEE, AND TO PROVIDE HOW CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN, TO PROVIDE AN EXCEPTION, AND TO DEFINE "EXPERT WITNESS" FOR PURPOSES OF THIS SECTION; BY AMENDING SECTION 38-55-530, AS AMENDED, RELATING TO DEFINITIONS AS USED IN OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO FURTHER DEFINE "FALSE STATEMENT AND MISREPRESENTATION"; BY AMENDING SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE REVISED CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR

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MISREPRESENTATIONS IN CONNECTION WITH AN INSURANCE TRANSACTION; BY AMENDING SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION BY THE OFFICE OF THE ATTORNEY GENERAL, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT; BY AMENDING SECTION 42-1-160, AS AMENDED, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO FURTHER DEFINE THESE TERMS; BY AMENDING SECTION 42-1-360, RELATING TO EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO INCLUDE "PROFESSIONAL SPORTS TEAM PLAYER" IN THE EXEMPTION; BY AMENDING SECTION 42-3-20, RELATING TO THE MEMBERSHIP, TERMS OF OFFICE, VACANCIES, AND DUTIES OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP AND REVISE THE PROCEDURE FOR HEARING CONTESTED CASES; BY AMENDING SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR THE DEFINITION OF "PERMANENT MEDICAL IMPAIRMENT"; BY AMENDING SECTION 42-9-60, RELATING TO COMPENSATION THAT IS NOT ALLOWED WHEN INJURY OR DEATH IS CAUSED BY INTOXICATION OR WILFUL INTENTION OF EMPLOYEE, SO AS TO EXCLUDE FROM COVERAGE INJURIES CAUSED BY THE INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS; BY AMENDING SECTION 42-9-360, AS AMENDED, RELATING TO THE ASSIGNMENTS OF COMPENSATION AND THE EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO MAKE CLAIMS FOR COMPENSATION NOT SUBJECT TO ASSIGNMENT; BY AMENDING SECTION 42-11-10, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE", SO AS TO FURTHER DEFINE THIS TERM; BY AMENDING SECTION 42-15-60, RELATING TO MEDICAL TREATMENT AND SUPPLIES BEING FURNISHED AND AN EMPLOYEE'S REFUSAL TO ACCEPT TREATMENT, SO AS TO PROVIDE FOR THE TERMINATION OF THE EMPLOYER'S OBLIGATION TO PROVIDE MEDICAL BENEFITS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 42-15-80,
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RELATING TO PRIVILEGED INFORMATION COMMUNICATED AT EMPLOYEE EXAMINATIONS, SO AS TO PROVIDE THAT A PHYSICIAN, SURGEON, OR OTHER HEALTH CARE PROVIDER, WITHOUT THE PERMISSION OF THE EMPLOYEE, MAY DISCUSS AND COMMUNICATE AN EMPLOYEE'S MEDICAL HISTORY, DIAGNOSIS, CAUSATION, COURSE OF TREATMENT, PROGNOSIS, WORK RESTRICTIONS, AND IMPAIRMENTS WITH THE REPRESENTATIVE OF THE INSURANCE CARRIER, THE EMPLOYER, THE EMPLOYEE, THEIR ATTORNEY, THE REHABILITATION PROFESSIONAL, OR THE COMMISSION; BY AMENDING SECTION 42-15-90, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE COMMISSION, SO AS TO PROVIDE FOR THE ATTORNEY'S FEES FOR REPRESENTING AN EMPLOYEE BEFORE THE COMMISSION; BY AMENDING SECTION 42-15-95, AS AMENDED, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION", TO PROVIDE THAT ALL MEDICAL AND VOCATIONAL INFORMATION INSTEAD OF ALL INFORMATION COMPILED BY A HEALTH CARE FACILITY OR PROVIDER BE PROVIDED WITHIN A CERTAIN TIME, AND TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM; AND BY AMENDING SECTION 42-17-90, RELATING TO THE REVIEW OF AN AWARD ON CHANGE OF A CONDITION, SO AS TO PROVIDE THAT IN OCCUPATIONAL DISEASE CASES, A REVIEW MUST NOT BE MADE AFTER TWELVE MONTHS FROM THE DATE OF THE LAST PAYMENT OF BENEFITS.
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Senator RICHARDSON spoke on the Bill.

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

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-

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

S. 1037 (Word version) -- Senators McConnell, Peeler, Alexander, Land and Setzler: 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.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4374 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SARAH HANNAH NEWMAN OF KERSHAW COUNTY FOR HER OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS TO HER SCHOOL AND COMMUNITY, AND TO WISH HER THE BEST IN ALL FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4375 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION HONORING DR. LARRY K. RAYNES ON THE OCCASION OF HIS THIRTY-FIFTH ANNIVERSARY AS PASTOR OF PLEASANT VIEW BAPTIST CHURCH IN TAYLORS, AND EXPRESSING GRATITUDE FOR HIS SPIRITUAL LEADERSHIP IN HIS CHURCH, HIS COMMUNITY, AND THIS STATE.

The Concurrent Resolution was adopted, ordered returned to the House.

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H. 4377 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR STEFAN SHEALY, SOPHOMORE AT SPARTANBURG'S BROOME HIGH SCHOOL, FOR HIS ATHLETIC PROWESS AS A CROSS-COUNTRY STAR, TO CONGRATULATE HIM FOR HIS IMPRESSIVE WIN OF THE STATE CHAMPIONSHIP TITLE, AND TO EXTEND TO HIM THE BEST IN ALL HIS FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4378 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE SPARTANBURG'S BROOME HIGH SCHOOL LADY CENTURIONS CROSS-COUNTRY TEAM AND ITS COACH SKIP FRYE ON CAPTURING THE A/AA STATE CROSS-COUNTRY CHAMPIONSHIP TITLE AND TO HONOR THEM FOR AN EXCEPTIONAL SEASON.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4400 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO WELCOME DR. BERNICE A. KING TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF THE 2006 MLK DREAM WEEKEND TO BE HELD IN THE CITY OF GREENVILLE, AND TO COMMEND DR. KING FOR HER EFFORTS TO CONTINUE THE LEGACY OF IMPROVING THE CONDITIONS OF ALL MANKIND THAT WAS CHAMPIONED BY HER FATHER DR. MARTIN LUTHER KING, JR., AND CONTINUES TO BE FORGED BY HER MOTHER CORETTA SCOTT KING.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4401 (Word version) -- Reps. Kennedy, 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, Kirsh, Leach, Limehouse,

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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 TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY ON THE OCCASION OF THE DEVASTATING LOSS OF REPRESENTATIVE CHARLES ALEXANDER HARVIN III OF CLARENDON COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4407 (Word version) -- Rep. Davenport: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE DR. JAN H. POSTMA, ORTHOPEDIC SURGEON OF SPARTANBURG COUNTY, FOR HIS OUTSTANDING COMMITMENT TO THE FIELD OF MEDICINE AND HIS EXCEPTIONAL CONTRIBUTIONS TO THE LIVES OF HIS PATIENTS AND HIS COMMUNITY.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 960 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Ford and O'Dell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 29, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO PROVIDE THAT TAXES UPON REAL PROPERTY MUST BE ASSESSED IN ACCORDANCE WITH THE METHODS AS PROVIDED BY THE GENERAL ASSEMBLY IN ARTICLE X OF THE STATE CONSTITUTION; TO AMEND SECTIONS 1 AND 3 OF ARTICLE X, RELATING TO FINANCE AND TAXATION, SO AS TO

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PROVIDE THAT THE REQUIREMENT THAT TAXATION OF REAL PROPERTY MUST BE UNIFORM APPLIES TO PROPERTY WITHIN A TAXING JURISDICTION RATHER THAN STATEWIDE; AND BY AMENDING SECTION 6 OF ARTICLE X, SO AS TO PROVIDE THAT THE BASE TAX VALUE FOR REAL PROPERTY IS ROLLED BACK TO THE TAXABLE VALUE OF THE 2004 TAX YEAR OR THE TAX YEAR IN WHICH THE MOST RECENT REASSESSMENT OCCURRED PRIOR TO 2004, TO REQUIRE THAT THE GENERAL ASSEMBLY ESTABLISH A STATEWIDE SYSTEM FOR ASSESSMENT OF REAL PROPERTY BASED ON REASSESSMENTS AT THE TIME OF ASSESSABLE TRANSFERS OF INTEREST, TO PROVIDE FOR COUNTIES TO SELECT FROM SEVERAL METHODS OF ASSESSMENT AS ESTABLISHED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.

Ordered for consideration tomorrow.

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

S. 1028 (Word version) -- Senators McConnell, Leatherman, Thomas, Hayes, Martin, Short, Alexander, Richardson, Ritchie, Sheheen, Campsen, Williams, Knotts and Courson: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 37, ENACTING THE "SOUTH CAROLINA PROPERTY TAX ASSESSMENT REFORM ACT", SO AS TO PROVIDE FOR A "POINT OF SALE" VALUATION OF REAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX AND TO PROVIDE ALTERNATE METHODS WHICH MAY BE USED IN COUNTIES FOR THE VALUATION OF REAL PROPERTY FOR PURPOSES OF PROPERTY THAT INCLUDE A CURRENT FAIR MARKET VALUE METHOD, A CURRENT FAIR MARKET VALUE METHOD SUBJECT TO ANNUAL LIMITS IN INCREASES IN THE VALUE OF SUCH VALUE ATTRIBUTABLE TO INFLATION, AND A FAIR MARKET VALUE METHOD DETERMINED IN COUNTYWIDE APPRAISALS IMPLEMENTED EVERY FIFTH YEAR; TO AMEND SECTION 4-9-1210, RELATING TO THE INITIATIVE METHOD OF ENACTING COUNTY ORDINANCES, SO AS TO ALLOW THIS PROCESS TO INCLUDE ORDINANCES ENACTING A REAL PROPERTY

Printed Page 74 . . . . . Wednesday, January 11, 2006
VALUATION METHOD PERMITTED BY THIS ACT; TO AMEND SECTION 6-1-50, RELATING TO FINANCIAL REPORTS, SO AS TO REQUIRE SUBMISSION OF FINANCIAL REPORTS TO THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, ECONOMIC RESEARCH SECTION; TO AMEND SECTION 12-37-251, RELATING TO THE RESIDENTIAL PROPERTY TAX EXEMPTION, SO AS TO DELETE REFERENCES TO THE ROLLBACK CALCULATIONS REQUIRED AFTER REASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF AND VALUATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO CONFORM VALUATION REFERENCES FOR REAL PROPERTY; TO REPEAL SECTION 12-37-223A, RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING INCREASES IN VALUE DUE TO REASSESSMENT; AND TO REPEAL SECTIONS 12-43-210, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.

S. 1028--Recommitted to Committee on Judiciary
Retaining its Place on the Calendar

On motion of Senator RITCHIE, with unanimous consent, S. 1028 was recommitted to the Committee on Judiciary retaining its place on the Calendar.

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

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

Printed Page 75 . . . . . Wednesday, January 11, 2006
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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., January 11, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.137, S. 27 by a vote of 30 to 75:

(R137, S27 (Word version)) -- Senators Leatherman and Elliott: AN ACT TO AMEND CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-4-36 SO AS TO PROVIDE FOR THE NOTIFICATION OF A MUNICIPALITY OR COUNTY BY THE TOURISM EXPENDITURE REVIEW COMMITTEE IF THE COMMITTEE FINDS AN EXPENDITURE TO BE IN NONCOMPLIANCE, TO PROVIDE FOR A PROCEDURE FOR REFUNDING THE AMOUNT FOUND IN NONCOMPLIANCE, TO PROVIDE FOR ACTIONS TO BE TAKEN AGAINST A

Printed Page 76 . . . . . Wednesday, January 11, 2006
MUNICIPALITY OR COUNTY THAT DOES NOT REFUND THE NONCOMPLIANT AMOUNT, TO PROVIDE A PROCEDURE FOR CERTIFICATION BY THE MUNICIPALITY OR COUNTY TO THE COMMITTEE THAT NONCOMPLIANT AMOUNTS HAVE BEEN REFUNDED, TO PROVIDE THE FISCAL YEARS TO WHICH THE ABOVE PROVISIONS APPLY, AND TO PROVIDE THAT THIS SECTION IS REPEALED JUNE 30, 2006.
Very respectfully,
Speaker of the House

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution 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. 3895 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE REGULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2955, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILLS

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

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.

S. 1023--Ordered to a Third Reading

On motion of Senator HAYES, S. 1023 was ordered to receive a third reading on Thursday, January 12, 2006.

Printed Page 77 . . . . . Wednesday, January 11, 2006

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 CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

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

Printed Page 78 . . . . . Wednesday, January 11, 2006
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 explained the amendment.

H. 3010--Made Special Order

H. 3010 (Word version) -- Reps. W.D. Smith, Wilkins, G.R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker, Mahaffey, Duncan, Hagood and Clemmons: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.

With Senator LEVENTIS retaining the floor, Senator COURSON asked unanimous consent to make a motion that the Bill be made a Special Order, not to be taken up for consideration before Wednesday, January 18, 2006.

The Bill was made a Special Order, not to be taken up for consideration before Wednesday, January 18, 2006.

The Senate resumed consideration of H. 3381.

Senator LEVENTIS resumed arguing in favor of the adoption of the amendment.

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

MOTION ADOPTED

On motion of Senators McCONNELL, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MARTIN, MATTHEWS, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Louis Douglas Drew of Birmingham, AL, beloved father of Debbie Hammond, Judiciary Committee Administrator.

ADJOURNMENT

At 1:40 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

PROGRAM

The following is the Program from the Portrait Unveiling Ceremony honoring Chaplain George Elias Meetze on January 11, 2006:

PORTRAIT UNVEILING CEREMONY
HONORING CHAPLAIN GEORGE ELIAS MEETZE
January 11, 2006

A SPECIAL RECOGNITION TO:
The Honorable J. Verne Smith
The Honorable Michael L. Fair
Co-chairmen

Susanne H. Cecere, Artist

Printed Page 80 . . . . . Wednesday, January 11, 2006
Participants in the George Meetze Portrait Celebration:

Gayle Addy   Senator Phil P. Leventis
Amy Alexander   Senator Joel Lourie
Senator Thomas C. Alexander   Senator Glenn F. McConnell
Allen Anderson Photographer   Senator J. Yancey McGill
Senator Ralph Anderson   Kathie Marsh
Paula Benson   Senator Larry A. Martin
Dianne Carraway   Senator John W. Matthews, Jr.
Senator Raymond E. Cleary III   Jim Melton
Nancy Coombs   Dottie Miller
Senator John E. Courson   Senator Thomas L. Moore
Martha Craig   Robin Moseley
Senator Ronnie W. Cromer   Dianne Mullis
Senator John W. Drummond   Senator William H. O'Dell
Judy Denning   Representative Phillip D. Owens
Marianne Densman   Jean Padgett
Alicia Eatmon   Senator Harvey S. Peeler, Jr.
Susan Edwards   Senator Scott H. Richardson
Senator Dick Elliott   Rosewood Florist
Senator Michael L. Fair   Senator W. Greg Ryberg
Sharon Fennell   Chaplain Charles E. Seastrunk, Jr.
Jessica Gibbons   Sharon Scholl
Jeffrey Gossett   Lawrence Scott
Senator Chauncey K. Gregory   Senator Nikki G. Setzler
Debbie Griffin   Mike Shealy
Flynn Harrell   Senator Vincent A. Sheheen
Brenda Hart   Senator Linda H. Short
Senator Robert W. Hayes, Jr.   Representative B.R. Skelton
Clara Heinsohn   Senator J. Verne Smith
Kaye Hilliard   Kathy Sprayberry
Representative David R. Hiott   Senator David L. Thomas
Senator C. Bradley Hutto   Tronco's Catering
Bunny Jones   Sue Walton
Dan Jones   Katherine Wells
Gale Kennedy   Chuck Williams
Senator John C. Land III   Cynthia Wood
Philip Land   Carolyn Youmans
Senator Hugh K. Leatherman, Sr.

Printed Page 81 . . . . . Wednesday, January 11, 2006

THE REVEREND GEORGE ELIAS MEETZE, D.D.

Fifty-six years ago, January 10, 1950, the South Carolina Senate elected The Reverend Doctor George Elias Meetze as their chaplain. For the past fifty-seven legislative sessions, Dr. Meetze has opened daily Senate proceedings with prayer.

Born June 24, 1909, on his grandfather's farm in what is now the St. Andrews area of Richland County, he is the son of the late Narvie Elias and Fannie Belle Leitzsey Meetze. His father attended Clemson College and was a mechanical engineer with Southern Railroad.

Chaplain Meetze was Valedictorian of his class at Columbia High School, a 1930 cum laude graduate of the University of South Carolina and following his college graduation was awarded a scholarship to study at New York Theological Seminary. For three years he was exposed to the finest theological education and the greatest theologians in the world. This is the only time in his life when he lived outside of his beloved South Carolina. He returned to his home state and to a fourth year of study at the Lutheran Southern Seminary in Columbia. George was ordained into the ministry in 1934 at St. Barnabas Lutheran Church in Charleston, South Carolina. He served this church until 1937 when he accepted a call to the Grace Lutheran Church in Prosperity, South Carolina. Five years later, in 1942 Dr. Meetze accepted the pastorate at Incarnation Lutheran Church in Columbia. For the next thirty-two years, Incarnation Lutheran Church was blessed with his gentleness of spirit and veracity in the pulpit.

Dr. Meetze met the love of his life, Margaret, while he was attending the Lutheran Southern Seminary and she was a student at Columbia College. The two dated for two years because he could not afford to marry Margaret Allen on a minister's salary of $60 a month. Finally, in 1936 they were married and for fifty-eight years Margaret was his companion and best friend in life and in ministry. They reared two boys, George Allen and William Dagnall. Dr. Meetze is the proud grandfather of four grandsons - Mike, Vic, Will and George - and has recently become a great-grandfather.

A leader in the Lutheran church, Dr. Meetze has given numerous lectures at the Lutheran Southern Seminary. Yet his service to the community and the State of South Carolina go beyond his denomination and the General Assembly. For fifteen years, he served as Chaplain (Colonel) to the South Carolina State Guard. Dr. Meetze has been an active Rotarian long enough that weekly meetings are no longer mandatory. But that does not cause him to stand quietly on the sidelines. He is the consummate student. His most recent interest is with the hydrogen technology. Upon attending a recent seminar on this subject at the University of South Carolina, Dr. Meetze requested additional reading material.

His remarkable intellect and compassionate character led the South Carolina Senate in 1984 to unanimously adopt a resolution naming the chapel

Printed Page 82 . . . . . Wednesday, January 11, 2006
in the Gressette Building the Dr. George E. Meetze Chapel. In naming the chapel in honor of Dr. Meetze, the Senate recognized his "conscious sensitivity to the ethnic and religious diversity of the membership ... and with meticulous care (he) guarded against giving offense or embarrassment to that variety by always connecting the poetry of inspiration with the prosaic reality of life; suiting the word to the dilemmas of the present and empathizing with the responsibilities and decisions that are ultimately the burden of the lawmaker."

Dr. Meetze has provided counsel for countless politicians and legislative staff. He has privately prayed with them and publicly conducted weddings, baptisms and funerals. He is truly a friend and confidant in addition to being an inspiration to everyone who is blessed to cross his path.

By commissioning Dr. Meetze's portrait for the George E. Meetze Chapel future generations of lawmakers, staff and visitors will be given the opportunity to know South Carolina's beloved Chaplain. The oil portrait is painted from a photograph taken in Dr. Meetze's garden in the late 1970's.

PORTRAIT UNVEILING CEREMONY
HONORING CHAPLAIN GEORGE ELIAS MEETZE
January 11, 2006

In the absence of the Honorable J. Verne Smith due to health reasons, the Honorable Glenn McConnell presided.

Welcome
Remarks by Senator McConnell

Ladies and Gentlemen:

It is my privilege to represent the members of the SC Senate on the occasion of the unveiling of a portrait of our beloved Chaplain, Dr. George Elias Meetze. First, we wish to warmly welcome all of Dr. Meetze's family, close friends, and well-wishers to the Senate Chamber, and we thank them for joining us on this momentous occasion.

Some theologians report that the Book of Romans changed Martin Luther's life, especially Romans 1:17, which states: "For the just shall live by faith." That is, "faith," not good works alone, is what makes a person "just" or "righteous" in the eyes of God. Dr. Meetze's eloquence, wisdom and "good works" are grounded in scripture and are celebrated by all. However, his unshakable faith permeates every aspect of his life and serves as the ultimate example for us to emulate. Most of us are aware that Dr. Meetze has been our esteemed Senate Chaplain for the last 56 legislative sessions. We know that he is a

Printed Page 83 . . . . . Wednesday, January 11, 2006
native South Carolinian who is, among other notable things, a devoted family man, a tireless community activist and a revered member of Columbia's St. Paul's Lutheran Church.

In addition to being a devout Lutheran, Chaplain Meetze is also a learned and published theologian. He graduated cum laude from the University of South Carolina. He then traveled north and graduated from New York Theological Seminary where curricula and devotional life were firmly rooted in scripture by its founder, noted 20th Century theologian Dr. Wilbert Webster White.

Later, Dr. Meetze graduated from Columbia's Lutheran Southern Theological Seminary. The seminary's mission statement defines ministry as "a blending of scholarship with professional preparation to create faithful interpretation of Christ's gospel as a servant leader."

Dr. Meetze's life reflects both his faith and his formal theological education. He is a true "biblical scholar," and we are reminded of his knowledge when he utters a heartfelt prayer, quotes the Scriptures or encourages us to "treat each other as we would like to be treated." He also distinguishes himself as a servant leader through "genteel leadership" in his community, his congregation and his Chaplaincy in the SC Senate. For all of this we are most grateful.

This historical portrait serves as a constant reminder of Chaplain Meetze's exceptional "good works." But, most importantly, it captures the visual essence of our friend who, sustained by his unwavering faith, is "righteous and just" in our eyes and in the Eyes of God.

Dr. Meetze... thank you for sharing your faith with us and for inspiring ours.

Invocation

Senator McConnell introduced the Reverend Charles E. Seastrunk, Jr., Chaplain, S.C. House of Representatives to lead the Invocation.

Let us pray.

Almighty God, we thank You for giving the Chaplain, the Reverend Doctor George E. Meetze, to serve You and this State for 56 years and for his ministry to Your church for 71 years. We thank You also for the guidance and counsel he has given to countless numbers of people; for his inspiration in prayers and devotions; for his interest in every human being; for his encouragement in times of crises, for his words of comfort in times of sorrow, grief and loss; and, for his joy in celebrations.

Printed Page 84 . . . . . Wednesday, January 11, 2006

Thank You for the blessings You have given him in service to You and this State. Continue to bless and keep Chaplain Meetze in Your continued care and provide for him many more years of ministry to Your people. To You, O Lord, be glory and honor for this servant that You have called to serve.

In the Name of the Lord, our God, Amen.

Reverend Seastrunk published the following letter from the Bishop of the S. C. Synod of the Evangelical Lutheran Church in America:

South Carolina Synod
1003 Richland Street, P. O. Box 43
Columbia, SC 29202-0043
January 9, 2006

The Reverend George E. Meetze, Chaplain
South Carolina State Senate
P. O. Box 142
Columbia, SC 29202

Dear Chaplain Meetze:

I have intentionally addressed you as "chaplain" because of the role you have played and the pastoral responsibility you have carried as Chaplain of the South Carolina Senate. As your bishop, I could have addressed you as "pastor" because of your ordination into the Gospel ministry of the Lutheran Church and because of your years of parish ministry here in the South Carolina Synod. As your friend, I could have addressed you as George, for all that we have shared over the past 25 years.

Well over half a century now, you have served faithfully and effectively as the Chaplain of the Senate side of the South Carolina Legislature. Through the years you have prayed over countless sessions, asking for the wisdom of God's spirit to inform and inspire deliberations, debates and the decisions of that legislative body. No one could ever measure how your prayers set the tone of the Senate. No one could ever calculate the impact of your pastoral presence and your pastoral conversations with those who have been elected to serve the people of South Carolina in these hallowed chambers of government.

As your portrait is unveiled and placed in the State House, I express to you personally and on behalf of a grateful synod and of a grateful

Printed Page 85 . . . . . Wednesday, January 11, 2006
church, our congratulations to you as you are so recognized and honored.

As you once said to me, George, you have been retained as Senate Chaplain all of these years because, in your own words, "I am a pastor who knows the difference between a sermon and a prayer."

May God continue to bless you, George, with grace and with peace.
Faithfully,
/s/ David A. Donges, Bishop

Musical Presentation

A Musical Presentation of "God of Our Fathers" was sung by Jessica Gibbons.

Remarks

Senator McConnell introduced the following speakers:

Remarks by the Honorable Robert E. McNair

I began to fully appreciate what Chaplain Meetze meant to all of us serving South Carolina when I became Lieutenant Governor and began presiding in the Senate. These were enormously challenging times for our State and our nation. Those of us who served in the legislature were faced with so many troubling and difficult decisions that affected all of our citizens and, without doubt, the differing viewpoints on how we should meet all of these challenges often boiled into heavy disagreements.

Dr. Meetze, with only a short prayer, could calm the troubled waters of the Senate. With only a few words he could remind all of us in the entire body of our responsibility to all the people of South Carolina in a way that made you want to set aside personal conflicts to accomplish the best for all South Carolinians.

Through the years he prayed with me personally during difficult times, and he prayed for me publicly on many other occasions. His prayers were always a comfort to me. I remember so well his prayer when I left the Senate as Lieutenant Governor to become Governor and his prayer for John West and me on the day of our Inauguration.

He prayed for our State and our nation and all those in leadership positions in good times and bad and in the wake of tragic events, always bringing peace and calm to troubled hearts and minds.

Chaplain, we are all grateful to you for your words and your presence. It is an honor to have served with you.

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Remarks by the Honorable James B. Edwards

PRESIDENT Pro Tempore McConnell, Senator J. Verne Smith, Reverend Meetze, the Meetze Family, Ladies and Gentlemen:

It is a pleasure to be here today to pay tribute to my good friend, Chaplain George Elias Meetze.

When Dr. Meetze was first elected to serve as Senate Chaplain, I was a senior at the College of Charleston. For those of you who are my age or are students of history, you may recall that in that year:

--Bing Crosby released the album, "Auld Lang Syne"

--The Korean War began

--Antihistamines were first used for "cold relief"

--The first ballpoint pen was made

--The first copy machine was marketed

--"Peanuts," the comic strip, began

--"Goodnight Irene," "Frosty the Snowman," and "Mona Lisa" were

on the top list of songs

--DNA was first discovered by Drs. Crick and Watson.

I met Chaplain Meetze on the first day that I came to the Senate as a young Senator from Charleston/Georgetown Counties. As he was leaving the podium after his morning prayer, he stopped by to welcome me to that august body and to offer any help that I might need.

First impressions are lasting, and I knew he would be a good friend and spiritual counselor. His warm welcome and winning smile captured me immediately. I was one of only three Republican Senators in the Senate, and I knew that I would need all the prayers I could get. He gave me spiritual guidance during my two years in the Senate and also during my years as Governor.

I always appreciated his opening prayers because it was obvious that his words and scripture were especially chosen for the events and issues of the day. He kept us focused on the real values of life and what was really important.

George Meetze is a scholarly intellectual with a friendly down-to-earth smile and compassionate heart and hand. He quietly served his State and nation, and his love of God was always evident. He is a peacemaker among diverse people, always worshiping Jesus Christ, but not in an offensive manner. He knew that this great nation has a firm foundation based on the Judeo-Christian principles, and he has given strength to that base.

It is most appropriate to place this portrait in the George E. Meetze Chapel, where future generations may learn of the contributions that

Printed Page 87 . . . . . Wednesday, January 11, 2006
Rev. Meetze has made to God, his country, the State and his fellow man.

In closing, I am reminded of one of my favorite verses from The Old Testament (Micah 6:8) when he was asked what the Lord requires of us, and his answer was: "To act justly, love mercy and walk humbly with your God."

My friend, Reverend George Meetze, has followed these instructions, and I am proud to have shared a portion of his life with him because my life has been enriched by his friendship and service.

Senator McConnell introduced the Senator from Orangeburg, the Honorable John W. Matthews, Jr.

Remarks by Senator John W. Matthews, Jr.

Good evening. To my good friend, Reverend Meetze and to the Meetze family, it is my pleasure and honor to be here today to make a few remarks on behalf of a man that I have admired and supported and talked to on a daily basis.

I first met Reverend Meetze some 34 years ago as a young House member. I remember the time we met and he came over and he talked to me and encouraged me and gave me great advice. But, I really got to know him when I was elected to the Senate some 22 years ago.

When he first began to talk about values and talk about Christ and give us prayers. But, the one thing I remember most about him is that as he prayed to us on a daily basis and gave us words of wisdom on how to come together and to work together and be a united body for the betterment of mankind and of this State. What I remember most about him was not the words that he said. I was reminded of what the poet said that, 'I would rather see a sermon than hear a sermon any day, and I would rather see a prayer than hear a prayer any day.'   And, truly, Reverend Meetze, I can say in living your life I have seen your prayers. Not by what you say, but how you have conducted yourself.

I am reminded of something that one of my favorite philosophers said, Kalil Gibran, when he talked about, 'how do we measure the service of a man?' And, he talked about this man who had much, but he gave little. He talked about the man who had little, but he gave much. He talked about the man who gave, but he gave for recognition. And, then he talked about the man who gave, but he gave in pain.   I can say, on behalf of Reverend Meetze, that you give neither in pain, nor for recognition, but to give for the joy of giving. That is the true gift that you have given to us.

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Also, I am reminded of something another African American scientist once said. That's why I am so proud to be here today. He said, "All of us who live on this earth, ought to leave some evidence that we live and we serve and we give." And, today, Reverend Meetze, we honor you with this portrait to demonstrate to fellow men and women who will follow us that you lived and that you served this Senate and this State for up to 56 years. I hope, based on my last conversation with Reverend Meetze, that he will be here as long as I'm here and I can be here as long as he is here. To my good friend, I often say to him, and this is a private matter between Reverend Meetze and myself -- "Reverend Meetze, the books is on the way." He will understand what I'm talking about.

Senator McConnell introduced the Senator from Greenville, the Honorable Michael F. Fair.

Remarks by Senator Michael F. Fair

Senator McConnell, Governor McNair, Governor Edwards, honored guests, Senators, ladies and gentlemen.

It's a real pleasure for me to participate in this program and I just wanted first to thank Martha Craig and Sharon Fennell and others for putting this program together. The committee appreciates those of you who could help pay for the commissioning of this portrait and it is a magnificent gesture on your part to honor the life and the man, Reverend Meetze. You have my profound thanks.

I also wanted to say this is a special time in the life of the family members of Dr. Meetze. I was able to renew an old acquaintance - I'm old, Robin is not - Robin Williams and her husband, who was or is a coach (I guess he still coaches) as well as being a school administrator down in Bamberg.

Many, many years ago when Governor McNair was governor and we were college students at USC, I was reminded what Senator Peeler, the Senator from Gaffney said, that he thinks, but he's not sure, that Reverend Meetze became Chaplain the last year that Carolina beat Clemson. For all of you Gamecocks, I am a weather-worn Gamecock, as Dr. Meetze would tell you, so, "next year."

Dr. Meetze, I am delighted to be here and to have this opportunity to join with all these men and women who are here to honor you. I think you, perhaps more than any, or as well as anybody present, understand that when you honor a man of God, you honor God. That's our hope

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and our thought that in honoring you, we're bringing honor and glory to the God of the universe, the creator of all of us.

Prior to being elected as Chaplain in that last year that Carolina beat Clemson in 1950, Dr. Meetze served at St. Barnabus Lutheran Church in Charleston and Grace Lutheran Church in Prosperity. In 1942, he accepted and pastored at Incarnation Lutheran Church in Columbia, where he served for 32 years. Dr. Meetze, I wanted to mention these things that so many of these people here already know because I don't know of a higher calling than that of being a pastor of a local church, a local Christian church. I wanted, again, to say that. That's as high a calling as anybody can have.

I recognized and I have witnessed some of the other roles that you have been called on to play. You're a father, a grandfather, and most recently, a great-grandfather and congratulations on that. As a husband, you were greatly used by the Lord as you cared for your beloved Margaret until the very moment that she went to be with the Lord. By your example, you modeled the essence of a servant's heart. What an impact that had on me, and others as well, as we watched you through that process of her illness and getting men and women of faith to pray with you and, as you grieved her loss, how you stood by her. What a remarkable event and a remarkable example for the rest of us.

Today is a remarkable moment for a remarkable man. Dr. Meetze would tell us all, with total assurance, that his graciousness and his sweet disposition (I would say that as he certainly wouldn't say that about himself) and his servant's heart is all a consequence of the grace of the Lord, Jesus Christ.

Congratulations, Dr. Meetze, and thank you.

Senator McConnell introduced another Senator from Greenville, the Honorable Ralph Anderson.

Remarks by Senator Anderson

Mr. PRESIDENT, members of the Senate and guests:

I want to thank God for blessing our nation, State and Senate with Chaplain George E. Meetze. In spite of partisan politics in the Senate, our Chaplain of 56 years has worked hard to create an atmosphere conducive to fairness and respect in the S. C. Senate. His messages have made a difference in the Senate and his prayers have kept hope alive for all people of South Carolina.

One of General MacArthur's favorite songs was "Old Soldiers Will Never Die; They Will Just Fade Away." I say to the Senate that to

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hang Chaplain Meetze's portrait in the Meetze Chapel that his legacy will never die and he will never fade away.

When earth's last picture is painted and the tubes are twisted and dried, when the oldest color has faded and the youngest critic has died, the saints of Heaven will still be telling the story of the legacy left by Chaplain Meetze.

Again, we thank God for blessing South Carolina with Chaplain Meeze.

Unveiling of Portrait

The Portrait of Chaplain George Elias Meetze was unveiled by Mrs. G. Allen Meetze (Suzanne) and Mrs. William D. Meetze (Toby), daughters-in-law.

Response
Chaplain George Elias Meetze

Beloved all. I want you to know that I believe in angels. You've heard some angels speak today. You know that I know that it is impossible to adequately express my gratitude to the South Carolina Senate, to elect and re-elect me by acclamation since the middle of the last century. Many names and many stories I would like to share with you. But, just let me say, they and you all and many more are angels. I want to thank you for the privilege of serving as the Chaplain of the Senate. You have let me be the rabbi, the Roman Catholic priest and the Protestant pastor. God bless you. Amen.

Senator McConnell introduced Rabbi Philip Silverstein, a long-time friend of Reverend Meetze, who gave the Benediction.

Benediction

  I am a retired chaplain, United States Army. Chaplains in the armed forces usually call each other by their first names because, despite our religious differences, we all share the same uniform. And yet, when it comes to the title of "rabbi," there exists a profound difference. Chaplain Meetze and I have been friends for many years and he, too, hesitates to call me "Phil." He calls me "rabbi" and he is proud to use this appellation. So, I will now take my little kippah (hat covering) and put it on my head for the prayer which makes me your rabbi for the next several moments.

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  The Benediction comes from the Book of Numbers, Chapter 6, beginning with verse 22, which I will recite in both Hebrew and English:
(Hebrew) "And the Lord spoke unto Moses saying: 'Speak unto Aaron and his sons saying, thus shall ye bless the children of Israel (and we are all the Children of Israel) and say unto them,
(Hebrew) The Lord bless you and keep you.
(Hebrew) The Lord make His countenance shine upon you and be gracious unto you.
(Hebrew) The Lord lift His countenance towards you and and grant you peace.
  And now I will add a fourth blessing: May the Lord continue to bless the State of South Carolina with the presence and service of its great Chaplain, George Elias Meetze. May He continue to grant him more length of days, and above all, in our troubled times, God bless America.
Amen.

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A reception following the ceremony was held in the Joint Legislative Committee Room.

Prayer offered by Chaplain George E. Meetze on January 8, 1952:

"Almighty God we thank Thee for this sacred moment as the leaders of our beloved State bow to worship Thee and to seek thy blessing upon the work that shall be done here.

Grant to each of us a sense of the sacredness of our responsibility, and the knowledge that nothing is strong, nothing is holy, nothing is good unless it be so in thy sight.

Give, we pray, to our boys in Korea the sense of thy presence and power, and to us all thy peace.

May this session of our General Assembly be begun under thy Providence, continued in thy Guidance, and at the end may the glory be thine, a good conscience ours, and the welfare of our people properly cared for. Through Jesus Christ our Lord, we pray. Amen."

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(Chaplain Meetze offered his first prayer to the South Carolina Senate on January 11, 1950. Opening prayers were neither recorded nor printed in the Senate Journal until January 8, 1952. Upon a motion by Senator Rembert Dennis on January 11, 1955 "prayers of the Chaplain were ordered printed in the Journal.")

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