South Carolina General Assembly
117th Session, 2007-2008
Journal of the Senate

Printed Page 503 . . . . . Tuesday, January 16, 2007

Tuesday, January 16, 2007
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 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:

We praise You for the gift of this new day, and for Your many blessings.

As we're gathered here in this Chamber, we ask a special blessing today for Senator Campsen and his family upon the death Sunday of his loving mother, Myrtle "Snap" Campsen. May Senator Campsen and his family long celebrate their memories of Snap's vital and rich and joy-filled life.

Also, from the prophet, Joel, we read:

"You shall know that I am in the midst of Israel, and that I, the Lord, am your God and there is no other. And my people shall never again be put to shame.

Then afterward I will pour out my spirit on all flesh; your sons and daughters shall prophesy, your old men shall dream dreams, and your young men shall see visions."   (Joel 2:27-28)

Good friends, let us pray:

O Lord, in the words of Coretta Scott King, "we remember that man who put his life on the line for freedom and justice every day... [the man] who ultimately paid the highest price to make democracy a reality for all Americans." May we here in the Senate of South Carolina continue to do everything that is conceivably possible to keep Dr. King's dream alive and real-for the betterment of all the citizens of this State-and to the glory of God Almighty.
Amen.

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

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 3002
Agency: Department of Health and Environmental Control

Printed Page 504 . . . . . Tuesday, January 16, 2007
SUBJECT: Shellfish
Received by Lieutenant Governor January 20, 2006
Referred to Medical Affairs Committee
Legislative Review Expiration May 20, 2006
Revised February 8, 2007
Withdrawn and Resubmitted January 11, 2007

Doctor of the Day

Senator LEVENTIS introduced Dr. J. Capers Hiott of Wedgefield, S.C., Doctor of the Day.

Report of the Monument Subcommittee of the State House Committee

Senator COURSON, Chairman of the Monument Subcommittee of the State House Committee, was recognized to give a report to the body regarding the work of the subcommittee.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 274 (Word version) -- Senators Fair, Verdin, Anderson, Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 275 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 6, TITLE 12 OF THE 1976 CODE BY ADDING SECTION 12-6-3595, TO PROVIDE THAT A TAXPAYER IS ALLOWED AN INCOME TAX CREDIT OF FIVE HUNDRED DOLLARS PER ACRE OF ENHANCED RIPARIAN BUFFER MAINTAINED BY THE TAXPAYER, TO PROVIDE REQUIREMENTS FOR THE CREDIT, AND TO PROVIDE THAT THE CREDIT SHALL NOT YIELD A TAXPAYER MORE THAN TEN THOUSAND DOLLARS

Printed Page 505 . . . . . Tuesday, January 16, 2007
ANNUALLY OR SIX MILLION DOLLARS FOR ALL TAXPAYERS.
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Read the first time and referred to the Committee on Finance.

S. 276 (Word version) -- Senator Alexander: A BILL TO AUTHORIZE THE GOVERNING BODY OF OCONEE COUNTY TO PROVIDE FOR A HOMESTEAD PROPERTY TAX EXEMPTION SUFFICIENT TO EQUAL ONE HUNDRED THOUSAND DOLLARS, INCLUDING THE STATEWIDE HOMESTEAD PROPERTY TAX EXEMPTION AMOUNT, OF THE FAIR MARKET VALUE OF THE DWELLING PLACE OF A PERSON WHO HAS BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR AND HAS REACHED THE AGE OF SIXTY-FIVE, A PERSON WHO IS CLASSIFIED AS TOTALLY AND PERMANENTLY DISABLED, OR A PERSON WHO IS LEGALLY BLIND, AND TO MAKE THE ELIGIBILITY REQUIREMENTS OF THE STATEWIDE HOMESTEAD EXEMPTION APPLY MUTATIS MUTANDIS TO THE PROPERTY TAX EXEMPTION ADOPTED BY THE GOVERNING BODY.
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Read the first time and, on motion of Senator ALEXANDER, referred to the Oconee County Delegation.

S. 277 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKERS 7 AND 11.
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Read the first time and ordered placed on the Calendar without reference.

S. 278 (Word version) -- Senator Hutto: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL TO RELEASE PROPERTY TAX REIMBURSEMENTS FOR THE ALLENDALE COUNTY SCHOOL DISTRICT FOR THE 2005-06 FISCAL YEAR THAT ARE CURRENTLY BEING WITHHELD BECAUSE OF THE FAILURE OF THE ALLENDALE COUNTY GOVERNMENT TO SUBMIT AUDITED FINANCIAL REPORTS FOR THE 2004-05 FISCAL

Printed Page 506 . . . . . Tuesday, January 16, 2007
YEAR, WITH THE AMOUNT RELEASED TO BE BASED UPON THE DISTRICT'S PORTION OF THE TOTAL PROPERTY TAX MILLAGE FOR THE COUNTY, WHICH IS 57.9646 PERCENT, MULTIPLIED BY THE TOTAL AMOUNT WITHHELD FOR THE COUNTY.
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Read the first time and, on motion of Senator HUTTO, with unanimous consent, ordered placed on the Local and Uncontested Calendar.

H. 3213 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 7, 2007, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30,

Printed Page 507 . . . . . Tuesday, January 16, 2007
2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A
Printed Page 508 . . . . . Tuesday, January 16, 2007
SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2007.

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

H. 3222 (Word version) -- Reps. Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MEMBERS OF THE 218TH HEAVY SEPARATE BRIGADE, THE LARGEST OF THE MAJOR SUBORDINATE COMMANDS OF THE SOUTH CAROLINA

Printed Page 509 . . . . . Tuesday, January 16, 2007
NATIONAL GUARD, AND TO WISH THEM WELL IN THEIR YEAR-LONG DEPLOYMENT TO AFGHANISTAN, WHICH BEGINS IN FEBRUARY 2007.

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

H. 3223 (Word version) -- Reps. Scarborough, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE JAMES ISLAND CHRISTIAN SCHOOL LADY LIONS SOCCER TEAM FOR WINNING THE 2006 SCISA A-AA STATE SOCCER CHAMPIONSHIP TITLE.

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

REPORT OF STANDING COMMITTEES

Senator KNOTTS from the Committee on Invitations polled out S. 227 favorable:

S. 227 (Word version) -- Senators Ford, Anderson, Alexander, Courson, Campsen, O'Dell, Williams, Knotts, Hutto, Matthews, Land, Jackson, McConnell, Patterson, McGill, Pinckney, Reese, Elliott, Leatherman, Peeler, Lourie, Malloy, Sheheen, Short, Rankin, Ryberg, Ritchie, Leventis, Fair, Grooms, Cromer, Bryant, Mescher, Martin, Hayes, Richardson, Scott and Vaughn: A CONCURRENT RESOLUTION INVITING THE HONORABLE JAMES E. CLYBURN, MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES

Printed Page 510 . . . . . Tuesday, January 16, 2007
FROM THE SIXTH CONGRESSIONAL DISTRICT OF SOUTH CAROLINA AND NEWLY-ELECTED MAJORITY WHIP OF THE HOUSE OF REPRESENTATIVES FOR THE 110TH CONGRESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT ASSEMBLY ON A DATE AND TIME CONVENIENT FOR REPRESENTATIVE CLYBURN'S SCHEDULE AS DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
O'Dell                    McGill                    Reese
Elliott                   Ford                      Verdin
Campsen                   Cromer

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 261 (Word version) -- Senators Martin and Alexander: A BILL TO REQUIRE THAT ANY MEASURE BY THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, RELATING TO THE RAISING OR SPENDING OF REVENUE, MUST RECEIVE THREE READINGS, THAT FIRST READING MAY BE BY TITLE OR DESCRIPTION ONLY, THAT SECOND AND THIRD READING MUST BE APPROVED BY A MAJORITY OF THE BOARD MEMBERS, AND THAT THIRD READING MUST NOT BE CONDUCTED PRIOR TO ONE WEEK FOLLOWING THE DATE OF SECOND READING.

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

Printed Page 511 . . . . . Tuesday, January 16, 2007

Senators MARTIN and ALEXANDER proposed the following amendment (261R001.LAM), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Any measure by the Pickens County School Board of Trustees, relating to the raising or spending of revenue, to include any measure that results in the district incurring debt, must receive three readings on separate days. The first reading may be by title or description only. The second and third reading must be approved by a majority of the board members to constitute a reading, and third reading must not be conducted prior to one week following the date of second reading. This provision does not apply to any action taken by the board previously authorized by a lawfully adopted measure.

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

SECOND READING BILL

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

S. 273 (Word version) -- Senators Richardson and Pinckney: A JOINT RESOLUTION TO CHANGE THE CERTIFICATION DATE FOR A SALES AND USE TAX REFERENDUM HELD DURING THE 2006 GENERAL ELECTION FROM NO LATER THAN NOVEMBER 30, 2006, TO DECEMBER 10, 2006.

Printed Page 512 . . . . . Tuesday, January 16, 2007

MOTION ADOPTED

On motion of Senators PEELER, ALEXANDER, ANDERSON, BRYANT, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHORT, THOMAS, VAUGHN, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Myrtle "Snap" Campsen of Mt. Pleasant, S.C., beloved mother of Senator George "Chip" Campsen.

ADJOURNMENT

At 12:28 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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