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 the Chaplain as follows:

The Psalmist writes:

"Make me to know your ways, O Lord; teach me your paths."
(Psalm 25:4)

Pray with me, please:

Gracious Lord, we pray today for Your gift of wisdom. Empower each Senator and every staff member to follow Your teachings, to "know Your ways," and to serve humbly and faithfully. Moreover, we ask you to bless the Honorable Mark Sanford, the Governor of our State, as he addresses the Joint Assembly tonight. May he as well as the members of both of South Carolina's legislative bodies open their hearts and minds to Your eternal truths. And bestow Your grace and mercy upon all of these leaders, and through them, upon this State and upon her people. This we pray in Your holy name, O Lord.
Amen.

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

The following appointments were transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Advisory Panel for Massage/Bodywork Therapy, with the term to commence June 30, 2005, and to expire June 30, 2009
Therapist:
Janet W. Shaw, 802 Pinedale Road, West Columbia, SC 29170 VICE Kim Brewer

Referred to the Committee on Labor, Commerce and Industry.

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Central Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Agricultural:
Victor Eugene Cornett, MD, 110 Griffin Mill Road, Piedmont, SC 29673

Referred to the Committee on Agriculture and Natural Resources.

Reappointment, Director of Department of Public Safety, with the term to commence February 1, 2008, and to expire February 1, 2012
Director:
James K. Schweitzer, 8 Somersby Court, Blythewood, SC 29016

Referred to the Committee on Judiciary.

Initial Appointment, Disciplinary Panel for Massage/Bodywork Therapy, with the term to commence June 30, 2007, and to expire June 30, 2009
Therapist:
Lou F. Hastings, 133 Clearview Circle, Travelers Rest, SC 29690

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Governing Board of Department of Natural Resources, with the term to commence July 1, 2008, and to expire July 1, 2012
6th Congressional District:
John P. Evans, 8257 Old State Road, Cameron, SC 29030

Referred to the Committee on Fish, Game and Forestry.

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Governor's Nuclear Advisory Council, with the term coterminous with the Governor
Environmental Protection:
Karen K. Patterson, 1103 Conger Dr., Aiken, SC 29803 VICE Kathryn Billing

Referred to the Committee on Judiciary.

Initial Appointment, Northeast Drought Response Committee, with the term to commence March 1, 2004, and to expire March 1, 2008
Agricultural:
Joseph C. Johnson, 900 East Wilson Street, Dillion, SC 29536 VICE James L. McColl

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina Arts Commission, with the term to commence June 30, 2005, and to expire June 30, 2008
At-Large:
Sarah L. Hayes, 836 Myrtle Drive, Rock Hill, SC 29730 VICE Carolyn Govan

Referred to the Committee on Education.

Reappointment, South Carolina Arts Commission, with the term to commence June 30, 2008, and to expire June 30, 2011
At-Large:
Henry Horowitz, 1 Collins Crest Court, Greenville, SC 29601

Referred to the Committee on Education.

Referred to the Committee on Education.

Initial Appointment, South Carolina Arts Commission, with the term to commence June 30, 2007, and to expire June 30, 2010
At-Large:
Elizabeth Ann Brasington Sowards, 315 Quail Walk Trail, Chapin, SC 29036 VICE Virginia S. Brennan

Referred to the Committee on Education.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2008, and to expire June 30, 2012
2nd Congressional District:
William F. Bishop, 2501 Fairview Road, Leesville, SC 29070 VICE Mary Katherine Bagnal

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2005, and to expire June 30, 2009
3rd Congressional District:
John Michael Powell, 2164 Pickens Highway, West Union, SC 29696 VICE Ronald Forest

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Commission on Women, with the term to commence October 19, 2006, and to expire October 19, 2010
At-Large:
Lenna F. Neill, 312 Greenview Circle, Greenville, SC 29609 VICE Mary B. Waters

Initial Appointment, South Carolina Mining Council, with the term to commence June 30, 2005, and to expire June 30, 2009
DHEC:
Curtis M. Joyner, 4022 Laurelwood Drive, Charleston, SC 29414 VICE Patrick Walker

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina Mining Council, with the term to commence June 30, 2006, and to expire June 30, 2010
DHEC:
Susan G. Turner, SCDHEC Region 2 EQC, 301 University Ridge, Suite 5800, Greenville, SC 29601 VICE Harold S. Snyder

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2006, and to expire June 30, 2010
6th Congressional District:
Bryan H. Dowd, BHD Builders, Inc., 1931 Osprey Drive, Florence, SC 29501 VICE John C. Curl

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2007, and to expire June 30, 2011
3rd Congressional District:
Tim W. Roberts, 2907 Rambling Path, Anderson, SC 29621

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 1, 2006, and to expire June 1, 2010
Speech-Language Pathologist:
Sarah E. Hamrick, 20 West Tallulah Drive, Greenville, SC 29605 VICE Elizabeth Dove

Reappointment, South Carolina State Board of Social Work Examiners, with the term to commence November 27, 2006, and to expire November 27, 2010
LISW:
Jane A. Anker, 155 Jefferson Place, Columbia, SC 29212

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with the term to commence August 15, 2004, and to expire August 15, 2008
At-Large:
John S. Hill, 140 Aspen Trail, Columbia, SC 29206 VICE Samuel W. Howell

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with the term to commence August 15, 2006, and to expire August 15, 2010
At-Large:
Felicia D. Morant, P.O. Box 290416, 1108 Waverly Place Drive, Columbia, SC 29229 VICE Brenda L. Martin

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with the term to commence August 15, 2006, and to expire August 15, 2010
At-Large:
Mary L. Thomas, 321 Merrival Lane, Spartanburg, SC 29301 VICE Charles Small

Referred to the Committee on Labor, Commerce and Industry.

Referred to the Committee on Judiciary.

Initial Appointment, Southern Drought Response Committee, with the term to commence March 1, 2008, and to expire March 1, 2012
Commission on Public Works:
Andrew W. Fairey, 821 Robert E. Lee Boulevard, Charleston, SC 29412 VICE John B. Cook

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with the term to commence June 30, 2008, and to expire June 30, 2012
Audiologist:
Gwendolyn D. Wilson, Ed.D., 2215 Hoffman Dr. Northwest, Orangeburg, SC 29118

Referred to the Committee on Medical Affairs.

Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Rod H. Sproatt, 8 Chloe Court, Beaufort, SC 29907 VICE Philander K. McDomick

January 16, 2008
Mr. President and Members of the Senate:

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

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 2006, and expire February 13, 2013

At-Large:

Mr. Charles M. Condon, 835 Middle Street, Sullivan's Island, S.C. 29482 VICE John F. Hassell III

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

Senator COURSON introduced Dr. William C. Gerard of Columbia, S.C., Doctor of the Day.

On motion of Senator ALEXANDER, at 2:05 P.M., Senator THOMAS was granted a leave of absence for today.

At 2:05 P.M., Senator CAMPSEN requested a leave of absence for tomorrow.

At 2:05 P.M., Senator MALLOY requested a leave of absence for tomorrow.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate completed its business today, the Senate would stand in recess until 6:45 P.M. for the purpose of attending the Joint Assembly and at the conclusion of the Joint Assembly, the Senate would stand adjourned to meet at 11:00 A.M. tomorrow.

Columbia, S.C., January 16, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3131 (Word version) -- Reps. Harrell and Umphlett: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO CERTAIN CURRENT AND RETIRED ELECTED OFFICIALS, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE UNITED STATES CONGRESS, AND TO MAKE TECHNICAL CHANGES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

The following were introduced:

S. 994 (Word version) -- Senator Williams: A SENATE RESOLUTION CONGRATULATING ANDERSON BROTHERS BANK ON THEIR CELEBRATION OF SEVENTY-FIVE YEARS OF COMMITMENT AND PERSONAL SERVICE TO THE PEE DEE AND COASTAL REGIONS OF SOUTH CAROLINA, ASSISTING BOTH THE FAMILIES AND BUSINESSES OF THE COMMUNITY.
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The Senate Resolution was adopted.

S. 995 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-116-45 SO AS TO PROVIDE THAT EVERY POLICE/SECURITY DEPARTMENT SHALL IMPLEMENT POLICIES AND PROCEDURES TO GOVERN THEIR OPERATIONS; TO AMEND SECTIONS 59-116-10, 59-116-20, 59-116-30, 59-116-50, 59-116-60, 59-116-80, 59-116-100, AND 59-116-120, RELATING TO THE ESTABLISHMENT, POWERS, AND OPERATION OF CAMPUS SECURITY DEPARTMENTS, SO AS TO REVISE THE DEFINITION OF THE TERMS "CAMPUS" AND "CAMPUS POLICE OFFICER", AND TO DEFINE THE TERM "CAMPUS SECURITY OFFICER", TO MAKE TECHNICAL CHANGES, TO

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

S. 996 (Word version) -- Senators Ceips, Grooms and Cleary: A BILL TO AMEND CHAPTER 15 OF TITLE 57 OF THE 1976 CODE, RELATING TO PROVISIONS AFFECTING FERRIES ONLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS LOCATED WITHIN THE COUNTY NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT GOVERNING BODIES OF ADJOINING COUNTIES MAY ENTER INTO AN AGREEMENT TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS THAT LIE WITHIN EACH COUNTY THAT ARE NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION AND COUNTY GOVERNING BODIES MAY ENTER INTO AGREEMENTS WITH PRIVATE ENTITIES TO FINANCE, IN WHOLE OR IN PART, THE COST OF ACQUIRING, EQUIPPING, MAINTAINING, AND OPERATING A PUBLIC FERRY, TO ESTABLISH CERTAIN MINIMUM SAFETY REQUIREMENTS, TO ALLOW FOR PRIVATE CONTRIBUTIONS FOR FERRY OPERATION AND MAINTENANCE, AND TO PROVIDE FOR A FERRY ON THE INTRACOASTAL WATERWAY IN GEORGETOWN COUNTY.
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Read the first time and referred to the Committee on Transportation.

S. 997 (Word version) -- Senators Lourie, Leventis, Sheheen, Cleary, Cromer, Setzler, Campbell, Ceips, Massey, Drummond, Matthews and Thomas: A BILL TO AMEND SECTIONS 56-1-175 AND 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND SPECIAL RESTRICTED DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT AFTER DECEMBER 31, 2008, A PERSON WHO IS ISSUED ONE OF THESE FORMS OF DRIVER'S LICENSES MUST HAVE SUCCESSFULLY COMPLETED A TEEN DEFENSIVE DRIVING COURSE THAT IS APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY.
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Read the first time and referred to the Committee on Transportation.

S. 998 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE LANGUAGE PROHIBITING CERTAIN SURVIVING SPOUSES FROM RETAINING THE EXEMPTIONS ALLOWED THEIR DECEASED SPOUSES FOR THE DWELLING HOME AND A LOT NOT TO EXCEED ONE ACRE.
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Read the first time and referred to the Committee on Finance.

S. 999 (Word version) -- Senators McGill and Land: A BILL TO AMEND SECTION 50-11-335, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO PROVIDE THAT IN GAME ZONE 5 THERE IS NO DAILY OR SEASON LIMIT ON ANTLERED DEER.
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Read the first time and, on motion of Senator McGILL, with unanimous consent, S. 999 was ordered placed on the Calendar without reference.

On motion of Senator McGILL, with unanimous consent, S. 999 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1000 (Word version) -- Senators Knotts, Anderson, McGill, Malloy, Ritchie, Leatherman, Setzler, Sheheen, Drummond, Fair, Hayes, Bryant, Leventis, Short, Campbell, Patterson, Lourie, Massey, Matthews and Scott: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 13, 2008.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1001 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE AND WELCOME CONGRESSMAN JOHN R. LEWIS OF GEORGIA ON THE OCCASION OF HIS ADDRESS TO THE PHI BETA SIGMA AFRICAN-AMERICAN MALE IMAGE AWARDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1002 (Word version) -- Senators Vaughn and Fair: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO INCREASE THE BOARD FROM SEVEN TO ELEVEN MEMBERS, TO REVISE THE DISTRICTS FROM WHICH THE MEMBERS MUST BE APPOINTED, TO REVISE THE NOMINATING PROCEDURES, AND TO PROVIDE TRANSITIONAL PROCEDURES; AND TO REPEAL SECTION 1 OF ACT 432 OF 1947 RELATING TO THE LEGISLATIVE FINDINGS CONCERNING THE NEED FOR GREENVILLE COUNTY TO TAKE OVER THE HOSPITAL OPERATED BY THE CITY OF GREENVILLE IN ORDER TO SERVE ALL THE RESIDENTS OF GREENVILLE COUNTY AND TO PROVIDE FOR THE ASSURANCES NECESSARY TO EFFECT THIS PLAN.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4308 (Word version) -- Reps. Talley and Mahaffey: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES

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

H. 4413 (Word version) -- Reps. G. R. Smith, Bedingfield and Bannister: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS OF THE GREENVILLE TEXTILE HERITAGE SOCIETY TO PRESERVE THE HISTORY OF TEXTILES AND THE ROLE TEXTILES PLAYED IN THE GROWTH AND DEVELOPMENT OF GREENVILLE COUNTY AND TO JOIN IN ITS CELEBRATION OF THE FIRST FULL WEEK OF OCTOBER AS THE ANNUAL "TEXTILE HERITAGE WEEK".

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

H. 4427 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE MARTIN "MARTY" F. CONASTER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, MARCH 4, 2008.

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

H. 4428 (Word version) -- Reps. Jefferson, Merrill, Anderson, Dantzler and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 45 IN BERKELEY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 TO A POINT EIGHT MILES EAST OF THIS INTERSECTION THE "REVEREND ROBERT 'BOB' SNIDER, JR. HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "REVEREND ROBERT 'BOB' SNIDER, JR. HIGHWAY".

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

H. 4464 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, 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 DECLARE THE WEEK OF FEBRUARY 23-MARCH 1, 2008, AS "ENTREPRENEURSHIP WEEK" IN SOUTH CAROLINA, IN RECOGNITION OF THE ONGOING SOCIAL AND ECONOMIC CONTRIBUTIONS TO THE AMERICAN WAY OF LIFE MADE BY SOUTH CAROLINA'S ENTREPRENEURS.

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

H. 4466 (Word version) -- Reps. Anderson, Agnew, Alexander, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, 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, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M.

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

Senator RITCHIE from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:

S. 856 (Word version) -- Senators McConnell, Grooms, Ritchie, Bryant, Campsen, O'Dell, Alexander, Elliott, McGill and Ceips: A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO PROVIDE THAT NO PROVISION OF THE CONSTITUTION SHALL RESTRICT OR LIMIT A STATE FROM ENFORCING FEDERAL LAW WITH REGARD TO IMMIGRATION VIOLATIONS, TO PROVIDE THAT A STATE MAY DECIDE WHAT GOVERNMENT SERVICES FUNDED IN WHOLE OR IN PART BY THE STATE MAY BE PROVIDED TO OR DENIED TO UNDOCUMENTED ALIENS, TO PROVIDE THAT THE STATES SHALL HAVE ANY POWER TO REGULATE IMMIGRATION THAT HAS NOT BEEN SPECIFICALLY PREEMPTED BY CONGRESS, TO PROVIDE THAT EACH STATE HAS THE POWER TO PRESCRIBE STATE CIVIL AND CRIMINAL PENALTIES FOR ILLEGALLY ENTERING THE UNITED STATES, AND TO PROVIDE THAT A STATE HAS THE POWER TO APPREHEND AND EXPEL PERSONS FROM ITS BORDERS WHO ARE IN VIOLATION OF FEDERAL IMMIGRATION LAW, AND THAT THE FEDERAL GOVERNMENT MUST PROVIDE TIMELY ASSISTANCE IN EXPELLING UNDOCUMENTED ALIENS UPON A REQUEST BY A STATE.

Ordered for consideration tomorrow.

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

S. 857 (Word version) -- Senators McConnell, Peeler, Grooms, Campsen, O'Dell, Alexander, Scott, Elliott and Ceips: A BILL TO AMEND SECTION 1-1-696, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S OFFICIAL LANGUAGE, SO AS TO PROVIDE THAT AFTER JULY 1, 2008, ALL STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE SHALL OFFER ALL SERVICES, PUBLICATIONS, PRINTED, AUDIO AND VIDEO MATERIALS, AND TEST IN AN ENGLISH-ONLY FORMAT UNLESS OTHERWISE REQUIRED BY FEDERAL LAW OR REGULATION.

Ordered for consideration tomorrow.

S. 958 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION DECLARING JANUARY 2008 AS SCHOOL BOARD MEMBER RECOGNITION MONTH, RECOGNIZING THE CONTRIBUTIONS OF THE STATE'S LOCAL SCHOOL BOARDS TO THE ACADEMIC SUCCESS OF ITS PUBLIC SCHOOL STUDENTS, AND EXPRESSING SINCERE APPRECIATION TO LOCAL BOARD MEMBERS FOR THEIR FOCUS ON THE WELL-BEING AND ACHIEVEMENT OF CHILDREN THROUGHOUT THE STATE.

Returned with concurrence.

Received as information.

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

H. 3170 (Word version) -- Reps. Harrell, W.D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Ott, Ballentine, Barfield, Bedingfield, Bingham, Brady, Ceips, Clemmons, Cotty, Dantzler, Davenport, Delleney, Gambrell, Haley, Haskins, Hardwick, Herbkersman, Hinson, Leach, Littlejohn, Limehouse, Loftis, Lowe, Lucas, Mahaffey, Owens, Perry, Pinson, E.H. Pitts, Rice, Sandifer, Scarborough, Simrill, Skelton, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Spires, Taylor, Thompson, Umphlett, Viers, Whitmire, Young, Bales, Kirsh, Huggins, Bowen, Jefferson, Alexander, R. Brown, Breeland, Bannister, White, Edge, Harvin, Kennedy, Crawford, Jennings, Miller, Gullick, Anthony, Phillips, Coleman,

Senator MARTIN asked unanimous consent to recommit the Bill to the Committee on Education.

There was no objection.

The Bill was recommitted to the Committee on Education.

S. 422 (Word version) -- Senators McConnell, Campsen and Knotts: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE OWNER-OCCUPANT OF RESIDENTIAL PROPERTY QUALIFIES

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

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

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

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

S. 639 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT SUMTER COUNTY ON JULY 1, 2011, SHALL CONSIST OF ONE SCHOOL DISTRICT TO BE KNOWN AS THE SUMTER COUNTY CONSOLIDATED SCHOOL DISTRICT AND TO ABOLISH THE EXISTING SCHOOL DISTRICTS IN SUMTER COUNTY; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT BE GOVERNED BY A BOARD OF TRUSTEES ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF THE BOARD; TO PROVIDE A SUPERINTENDENT FOR THE DISTRICT TO BE APPOINTED BY THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD AND SUPERINTENDENT; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PRESENTED AND THE SCHOOL TAX MILLAGE BE IMPOSED AND CALCULATED; TO PROVIDE FOR THE TRANSFER OF

The House returned the Bill with amendments.

On motion of Senator LEVENTIS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 3379 (Word version) -- Reps. D.C. Smith, J.R. Smith, Perry, Clyburn and Stewart: A BILL TO AMEND SECTIONS 59-104-20 AND 59-149-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP AND THE LIFE SCHOLARSHIP, RESPECTIVELY, SO AS TO PROVIDE THAT A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL IS ELIGIBLE TO RECEIVE A PALMETTO FELLOWS SCHOLARSHIP OR A LIFE SCHOLARSHIP AND PROVIDE THAT THE EXISTING HIGH SCHOOL RANK AND GRADE POINT AVERAGE OF A SOUTH CAROLINA RESIDENT ATTENDING AN OUT-OF-STATE HIGH SCHOOL MAY BE USED PROVIDED IT IS CALCULATED PURSUANT TO A STATE-APPROVED, STANDARDIZED GRADING SCALE AT THE RESPECTIVE OUT-OF-STATE HIGH SCHOOL.

The House returned the Bill with amendments.

On motion of Senator COURSON, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

At 2:28 P.M., on motion of Senator McCONNELL, the Senate receded from business until 6:45 P.M.

The Senate reassembled at 6:45 P.M. and was called to order by the PRESIDENT.

The PRESIDENT appointed Senators PEELER, SETZLER, THOMAS, McCONNELL, HAYES and MATTHEWS to escort the Honorable Marshall Clement (Mark) Sanford, Governor of South Carolina, and members of his party to the House of Representatives for the Joint Assembly.

At 6:55 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

At 7:00 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of H.4429, a Concurrent Resolution adopted by both Houses.

The Honorable Marshall Clement (Mark) Sanford and members of his party were escorted to the rostrum by Senators PEELER, SETZLER, THOMAS, McCONNELL, HAYES and MATTHEWS and Representatives Bannister, Ballentine, Scott, Hagood, Neilson and Clemmons.

The PRESIDENT of the Senate introduced the Honorable Mark C. Sanford, Governor of the State of South Carolina.

The Governor addressed the Joint Assembly as follows:

Mr. Speaker, Mr. President, Ladies and Gentleman of the General Assembly, Constitutional Officers and my fellow South Carolinians:

It's an honor to be with you again tonight to deliver my view of the State of our State, but as I've done in the past, I'd first ask we pay

From different corners of our state, these thirteen died in efforts to bring greater freedoms to that part of the world, and whether you agree or disagree with that effort, the service and sacrifice of men and women in uniform should serve as a constant reminder to all of us that freedom is not free.

Military families bear this cost, and know the price - and these soldiers made the ultimate of sacrifices while serving in uniform.

CWO Jason G. DeFrenn, USA - Barnwell

Sgt Shawn M. Dunkin, USA - Columbia

PFC Joey T. Sams, II, USA - Spartanburg

Sgt Adrian J. Lewis, USA - Mauldin

PFC Anthony J. White, USA - Columbia

Sgt Sameer A. M. Rateb, USA - Ladson

LCPL David P. Lindsey, USMC - Spartanburg

Cpl Juan M. Lopez, Jr., USA - Florence

Spc Zandra T. Walker, USA - Greenville

SSgt Terry D. Wagoner, USA - Piedmont

Sgt Edward O. Philpot, USA   - Latta

SSgt James D. Bullard, USA   - Marion

Sgt Shawn F. Hill, USA - Wellford

I want to thank a few other people as well.

I frequently raise the fact that the cost of our state government is a real problem, but, in identifying this, it is important to recognize that the problem is rooted in our structure, not in our employees. For this reason, I'd ask that you join me in recognizing a state employee who is representative of so many who oftentimes work without recognition. His name is Billy Roberts, and he has worked for the state for about the past 30 years.

I also want to recognize a person who is representative of tens of thousands in the private sector who go about their job without recognition or praise, but who nonetheless are the real heroes in our economy.

Folks like Norris Ashford who runs Cottman Transmission here in Columbia. His work creates opportunities for the people who work there, and these businesses and individuals pay the taxes that make government services possible in the first place.

Finally, I'd recognize my Cabinet for their hard work in administering their respective fields of government. We've had some changes in the guard since last year, so I specifically want to recognize

Last year, in my second Inaugural Address, I said that I believed that the "keys to change were in our collective hands."

I still believe that, but for keys to have value they must be used.

And so tonight I will talk about why it's important we break from the status quo on a range of areas, and why it's important we do many things differently here in South Carolina - from the way we tax to the way we educate - but before I do, let's look at a few of the things that have changed over the last year:

We've changed the structure of the Department of Transportation for the first time since it was created in 1917; the DOT Director is now a part of the Governor's Cabinet.

We've increased government transparency by allowing citizens to check online to see how state agencies are spending their money.

Though we still have many miles to go on this front, we passed workers' compensation reform that represents a down payment in improving soil conditions for businesses large and small.

We passed the largest recurring tax cut in state history - $221 million, eliminating the grocery tax and cutting parts of the income tax.

We're slowly but surely giving our students more tools with which to learn by establishing virtual classrooms so young people can draw from experts and resources from across the state.

Last year marked the first year this state fully funded the charter school statewide district.

We avoided the pitfalls that Florida taxpayers will see with the next storm that hits Florida by passing coastal insurance reform that keeps in mind the reality of market principles.

We're defending privacy rights by becoming the fifth state in the country to say no to the heavy-handed Real ID legislation from the federal government, and I thank each one of you who voiced your opinion in that important debate tied to the larger principle of limiting federal power.

We took a step toward more sustainable development by passing the Priority Investment Act.

In this past year alone, nearly 80,000 acres of land were protected, and in total more land has been protected over the past four years than during any other period in our state's history.

There are 165,082 more people working in South Carolina than there were five years ago.

We have seen more investment this last year, $4.1 billion worth, than in any other year in our state's history - and I might add that those jobs and investments have disproportionately gone to rural South Carolina and places that need them most.

We have instituted the first Medicaid statewide reform plan of its kind in the nation, which will foster innovation as private companies compete within Medicaid to drive down prices and improve quality. We are also breaking new ground in being the only state in the nation offering Health Savings Accounts for Medicaid patients.

We are joining with Georgia and are moving ahead with a state-of-the-art port in Jasper County that will serve the growing shipping needs of businesses across our state.

So in describing the State of our State, some good things have happened over the last year - yet, as Benjamin Franklin said, "When you're finished changing, you're finished." And we still have miles to go in all that needs to change in our state.

In fact, the times dictate it because the State of our State this year comes with real challenges:

We are in a new era wherein change is necessary to survive, compete and thrive.

The financial excesses I have warned of over the last few years - spending well beyond our means here in Columbia - are indeed coming home to roost, and, as a consequence, this budget year will be strained and the one following even more so.

Finally, the unique look and feel of South Carolina that has attracted so many, and kept so many more here in the first place, is being threatened at such a rate that unless we are proactive we will forever lose one of our state's great points of competitive advantage in the global economy.

In short, we have real challenges.

In meeting them we can either rise to the occasion and see them as an opportunity for the way they force change that is long overdue - or wait and defer so that South Carolinians five, ten, and fifty years from now face far greater problems.

History is full of stories wherein South Carolinians have indeed risen to the occasion, and we can do so now.

If we really understand the nature of change today:

We will no longer overlook our government structure and what it costs us;

We will take another look at our approach to economic development and the degree to which we are improving soil conditions each year for all business;

We'll look hard at education in the state - and face the fact that one-size-fits-all programs, in fact, don't fit all;

We'll look at government spending - and actually draw a line in the sand, or in the budget itself, so that we don't go on growing government faster than our economy;

And finally we'll look hard at the way quality of life in our state is changing and at remedies to do something about it.

If we are honest in these looks, I think we will really see how desperately change is needed now.

Our challenge will lie in whether or not we take action. Whether we do or not time will tell, but what has already been told is how the stakes have never been higher:

According to the guy I quote too often - Thomas Friedman - "The most important competition is between you and your imagination. Because energetic, innovated and connected individuals can now act on their imaginations farther, faster, deeper and cheaper than ever before. And those countries and companies that empower their individuals to imagine and act quickly on their imagination are going to thrive."

He believes "the flatter the world becomes the wider the economic gap we will see between those countries, and for that matter those states, that empower individual imagination - and those that don't."

We believe there are five main pillars we can work on this year where change is essential for us as a state, and key to empowering individuals so they can better compete in today's world.

1. We can't compete in today's world with the government structure now in place. It leaks money and lacks accountability.

The 1895 Constitution that set today's governmental structure was built around the fear that a black man would be elected Governor of South Carolina, and any structure built on this foundation is an insane model from which to run your government in the 21st century.

I ask you allow the people of South Carolina the opportunity to vote to change it - not for me because I'll be gone from this office before any change could be instituted - but for your neighbor, for your cousin, for your grandchildren.

With the 1895 Constitution, Ben Tillman was very frank in his intentions: "We of the South," he said on the floor of the U.S. Senate, "have never recognized the right of the negro to govern white men, and never will."

Think about that quote for a moment - "We of the South have never recognized the right of the negro to govern white men, and never will."

Leaving aside for a moment the cost and inefficiency of the government model that went with this thinking, all of this is code for a larger operating paradigm that allows a small group of people to control or disproportionately influence the rest of us.

This is the plantation model of "we know what's best for y'all" - and the complete opposite of what Friedman argues in the vital urgency of freeing people and empowering individuals to imagine and act quickly on their imagination.

I believe the Tillman model has held South Carolina back for more than a century, that it is wrong, and that our government should not be operating from this framework given the way it brings too little in accountability, too little in transparency and too much in cost.

In business terms, when everybody's accountable, no one is.

One of the most glaring structural problems in South Carolina is that we have a governmental body - the Budget and Control Board - that handles the executive branch functions performed by the other 49 governors in this country. Whoever this state's next governor is, don't saddle him or her with this.

After the legislative branch and judicial branch have vetted a law - let the governor actually administer the laws and act as the executive - as it is done in the other 49 states in the country.

Some of what has gone on in the Budget and Control Board is near criminal.

For the last 22 years, the Board had given a politically connected company the insurance work for the state. It wasn't bid so that someone offering a lower price or a better service could compete for the work, it was just given to the family with the connections - and cost the rest of us a little over $2 million a year.

The Board just recently voted to give raises to a number of agency heads, and ultimately spend millions more as we go into a tough budget year - even though no one had asked for the raises, there were no performance reviews, and some of the people had only been on the job a few months.

A recent third-party report found more than $500 million in potential savings to taxpayers in the Budget and Control Board alone.

In short, the Board needs to go. It hurts our state in its competitiveness, and we ask that we end this complete mockery to the Founding Fathers' notion of balance of power.

If you choose to do less than this then I ask you pass Representative Garry Smith and Senator Chip Campsen's bills on restructuring which move substantial portions of the Budget and Control Board to a Department of Administration. This is not a partisan issue, as Senator Vince Sheheen who comes from a different political perspective than Chip or Garry has a bill that does many of the same things. From wherever you would choose to start, we simply ask for action that brings a change.

We also ask you let the people of South Carolina decide on whether a host of constitutional officers should instead be appointed rather than elected. To me it makes no sense to have a governor elected by the people, and yet have his first check on delivering promises made, not the legislative or judicial branches of government - but the Lieutenant Governor who in our state could be of opposite political persuasion and party.

Would it make any sense to have the President and Vice President in Washington elected with opposing agendas and wanting to go in opposite directions? I don't believe it would, and I think the people of South Carolina deserve the right to vote on this.

2. We can't go on spending more than is coming in and be competitive.

Sustainable spending matters because unsustainable spending means more private sector activity is crowded out of the economic mix in our state.

It matters because it sets the stage for tax increases down the line that hurt individuals and businesses in their ability to compete in the global marketplace.

It matters because it sets in motion a cycle of peaks and valleys in government spending that hurts the neediest of the needy in our state.

To avoid each of these things it has been our contention that government shouldn't grow faster than the rate of growth of people's wallets and pocketbooks.

This issue of whether we should spend more or less of the taxpayers' money - one that has been the source of fairly enormous disagreements between this administration and some in this chamber - is going to be underscored with what is happening to the national economy.

This is no longer going to be a philosophical debate as we are not going to have the luxury of millions in new money coming into Columbia - and as I believe we will likely go into a national recession based on the pinch from higher energy prices, slowing consumer spending, falling home prices and tightening credit.

We have got to get serious about spending.

Last year roughly $1.5 billion in new tax dollars flowed into Columbia and state government spending has increased 42 percent over the last four years. The budget has grown from roughly $5 billion four years ago to $7.2 billion this last year. South Carolina has been fifth in the nation when it comes to government spending growth, and number one in the Southeast.

If this weren't bad enough, there was also a sizable increase last year in annualizations - the process of robbing Peter to pay Paul - to the tune of $270 million. This means we'll have to grow by at least four percent just to break even budget-wise next year.

I think there are six constructive things that we can do that systematically get at spending in South Carolina.

One is the restructuring I already mentioned because a lot of the duplication of effort and cost in our government come from its very structure.

Two, establish a statutory cap on new spending at population plus inflation with a requirement that all money above this cap be returned to the taxpayers or dedicated to our state's unfunded pension plan.

Senator McConnell has also suggested that we write a similar common sense spending cap into the state's Constitution and allow the people of our state to vote on it in November.

I am in full support of that, but let's not wait on the two-thirds vote required for constitutional change, and a November vote in the future, when we can get a simple majority vote this year for this budget.

Three, let's act on Representative Herb Kirsh's bill to address the more than $20 billion in un-funded retiree benefits and health care promises owed by South Carolina's government.

Four, let's acknowledge the fact we can no longer afford the Teacher and Employee Retiree Incentive program, and the defined employee benefit option in its present form, and limit it to the people already in the system.

Five, let's pass Representative Michael Thompson's bill that ends the so-called "Competitive Grants Program," and let's also apply the idea of requiring a name beside an earmark and apply it to both the House and the Senate.

And six, let's do as Florida and some other states have done and for all intents and purposes prohibit one-time money going to start, or fund, recurring programs.

These things would set us on a course toward more sustainable spending, go a long way toward avoiding what has been an annual food

3. It's vital we do things each year to improve the soil conditions for, not some, but all business and this year four items top our list.

In bettering soil conditions let's first pass the Small Business Health Care bill in the first 30 days of the session. It is a step in the right direction in making health care more available and affordable to small businesses and the people who work there.

Groups like the National Federation of Independent Business are pushing hard for its passage for the difference it could make - and we ought to do the same.

Two, let's take a step back from the practice of having people in politics pick winners and losers in the commercial market. Our focus should lie in making this state a better place for all businesses, and toward that end, we think it is important to strip out the special legislation voted in for Cabela's and Bass Pro Shops.

I am a hunter and would love for them to expand in our state, I just do not believe we should pay each of them $9,000,000 to do so - and in that process wipe out smaller businesses that have been here for years.

No one I have talked to understands why it makes good sense to offer one hunting and fishing store lots of incentives and then nothing for others that have been here for years. I believe if we are serious about bettering the business climate for all businesses, this repeal is a great place to start.

In the same vein you will see an economic development package from the Department of Commerce that ends some long outdated state subsidies and uniformly reemploys them in helping all small businesses.

Three, we previewed in our budget a flat tax alternative that would allow someone the option of forgoing exemptions and instead pay a 3.4 percent flat tax in this state. We continue to believe finding ways to lower the marginal tax rate is vital to our economy, vital to competitiveness and in this case vital to the taxpayer's pocket. It is worth noting that a recent report from the Federal Reserve documented the connection between lower income tax rates and higher economic and employment growth. This is something we can do to better the economy of our state, and I'd thank Representative Merrill for introducing a bill toward this end.

Four, we continue to know that a good business environment rests on certainty. Our Workers' Compensation Commission awards are

4. Educated minds are one of this state's biggest keys to unlocking the doors to opportunity.

Accordingly I don't think we should ever be trapped in the thinking that rests on doing things the way they have always been done. Around the world better prices, better service and better innovations have always accompanied the American notion of competition. The product of education is no different and in the places with more competition better educational outcomes have gone hand in hand.

I find the idea of South Carolina's system of only wealthy people having educational choice, in something as crucial to success as education, morally wrong.

It is, and will continue to be my belief, that for whatever the reason - if a school isn't working for you or for your child, you be given the option to go to the place that works better for you.

Here are a few things we can do this year:

One, let's give the families of modest incomes a lifeline, and a scholarship, out of a failing school.

Two, I'd commend the Speaker, Senator Wes Hayes and others for moving us to a debate on educational funding this year. In it, let's move toward a funding system based on a per-pupil public expenditure - rather than funding districts in lump sums.

Three, let's be open to very different approaches as we proposed in the Executive Budget, like offering a scholarship for students who graduate early from high school.

Four, let's further improve the grounds on which charter schools are established in our state, as too often new public charter schools are still not able to use existing educational facilities or be afforded transportation options.

Five, let's pass Representative Ken Kennedy's bill that consolidates school districts - our lines are still too often tied to the 1950's - the cost of which can be measured in facilities and administrative duplication.

Six, let's link the price of higher education to its cost. By capping its increase we would force coordination - key to preventing higher education from continuing to spiral out of the reach of working families.

And finally, as a part of the charge of a task force I'll mention in just a second - we need to seriously address how we build schools as our population grows. Neighborhood schools are now allowed, but to date we have not really seen them implemented.

5. It is essential we enhance the quality of life in our state if we are going to retain and attract talented people; in large measure this is tied to how we look and feel as a state but it is more than this alone.

Reforming DUI laws in our state is long overdue. Every day someone in South Carolina dies because of a drunk driver; and more than a third of all drivers arrested for DUI are repeat offenders. We rank second-worst in the nation in DUI because our laws are anemic.

And we can't afford this carnage on our roadways and expect to be competitive; I beg for change in the first 30 days of the session.

As you contemplate action on this I'd ask you think of Sullivan Spradley who was killed by a DUI repeat offender in 2005. It was Father's Day, and he was riding his bike along with his dad. Sullivan would have turned eight years old this past Thanksgiving.

Unfortunately, because a repeat offender used loopholes in the state's DUI laws to stay on the road, there's tragically now an empty seat at the Spradley dinner table. We can't bring Sullivan back, but we can prevent a lot of other families from going through that same sort of unimaginable pain.

Second, you can't enjoy a quality of life if you are not healthy.

Sadly, too many people in our state suffer from a host of chronic diseases that could be avoided if they took heath and wellness into their own hands. I'd give credit to Education Superintendent Jim Rex and my wife Jenny for their work with the Healthy South Carolina initiative for bringing these facts to light in a video contest.

We have one of the winners of the contest here tonight, Jesse Gavigan, who inspired not only folks in his hometown in what he did - but in his case his parents - who were led to some life-saving lifestyle changes that I admire.

Third, a real immigration standard matters in the larger theme of quality of life. The federal government will ultimately determine what happens here, but given their inaction we need to pass Senator Ritchie's reform bill requiring more businesses to document the citizenship status of their workers. It is not a cure-all, but it is a meaningful step forward and I'd ask we also do this in the next 30 days.

Finally, the biggest thing I think of when I think of quality of life is how we look and feel as a state. It is unique and different and if we

Keeping what is special won't just happen, though - it will require foresight, vision and action given that over the next two decades, one million people will be moving to South Carolina, making us the tenth-fastest growing state in the nation.

It will require a multi-pronged strategy if we are not to lose what we have.

One, we need to be proactive about setting aside open land while we have opportunities to do so. In our budget we have asked for $50 million in a one-time supplement to the Conservation Land Bank and I'd ask you fund it.

I also would ask you to think about how rare this opportunity is given the real estate market slowdown and once in a lifetime timberland sales by the big timber companies. In life, some opportunities only come once and I believe this is one of them.

We need to also look at more options in the way our state grows and develops. Accordingly, I will be forming a Land Use Planning Task Force. Before we simply throw more money at roads, we need to look at the root causes of congestion, a full menu of options to better roads in our state, and the way that our towns grow and connect.

I think there are some great new market-based ideas in impacting congestion and transportation and growth that are worthy of a careful study and policy implementation.

We need to take another look at home rule and finding ways to allow counties the option of connecting the cost of growth with the people moving in and causing the need for more infrastructure. Common sense local institutions like the Berkeley Electric Cooperative are instituting this idea with new customers, and if we don't allow local governments some options on this front existing citizens and businesses will be left with the tab in paying for the infrastructure necessary to accommodate the one million people coming to our state.

On this front, it also strikes me that we need to look at annexation laws in our state because I don't think it makes any sense to have a municipality buy a twenty foot strip down the side of a road for miles as their way of growing a town.

I could go on with a lot of other challenges that face our state, but if we are able to take action on the list that I have outlined it will be an exceedingly good year, so I think I will stop here.

The real question of this State of the State, though, lies not in what I have said - but in what we will do.

If we have keys before us that open doors to change, will we be so bold as to use them?

For those of us who agree on the precepts I have laid out - can we get others to do the same? For those of us with differences - can we look past them to make changes that will better people's lives here in our state.

In short, do we have the will? For where there is a will there is always a way. It is indeed my hope and prayer that we will find both the will - and the consequent way to make the changes I have outlined tonight.

In thinking about the notion of will, I heard a story a few years ago that hit me hard for the way that it can remind all of us that if we put our heart behind something it is remarkable what can be done. I'd like to close with it tonight.

It's a story about a father and a son - in some ways a love story that began 43 years ago when son Rick was strangled by an umbilical cord during birth, leaving him brain-damaged and unable to control his limbs.

The Hoyts were told to put their son into an institution, that he would be in a vegetative state for the rest of his life - but the family would have none of it. And years later after a high school classmate was paralyzed in an accident and the school organized a charity run for him, son Rick pecked out on his computer, "Dad I want to do that."

"Yeah, right," was Dick's reaction. How was a self described "porker" who never ran more than a mile at a time going to push his son for five miles? Still he tried.

And the day after changed Dick's life when his son typed, "When we were running, it felt like I wasn't disabled anymore."

He became obsessed with giving Rick that feeling as often as he could, and got into such good shape that before long they were ready for the Boston Marathon - and since then he has pushed his son through 85 marathons. When somebody suggested triathlons, how was a guy who never learned to swim and hadn't ridden a bike since he was six going to haul his 110 pound kid through one? Yet Dick tried.

Now they have done 212 triathlons - including four grueling 15-hour Ironmans in Hawaii, that not only consisted of pushing his son 26 miles in a wheelchair - but also towing him 2.4 miles in a dingy while swimming and then pedaling him 112 miles in a seat on the handlebars - all in the same day.

Certainly nothing can match a parent's love for a child. I'd ask you to think about ways in which we can match just a small part of Dick

Thank you and good night.

The purpose of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

Having received a favorable report from the Senate, the following appointment was confirmed in open session:

Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010
Rod H. Sproatt, 8 Chloe Court, Beaufort, SC 29907 VICE Philander K. McDomick

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Claudine Chestnut Hammond Strickland of Horry County, S.C.

At 7:58 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Monday, June 22, 2009 at 1:52 P.M.