THURSDAY, APRIL 4, 2002
Thursday, April 4, 2002
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, as the television news tells us of the fighting today in Jerusalem and Bethlehem, we read in Isaiah, Chapter 38:4f:
“Then the word of the Lord came to Isaiah: ‘Go and say to Hezekiah, thus says the Lord, the God of your ancestor David: I have heard your prayer, I have seen your tears... I will deliver you and this city’...”
Let us pray.
Father, we pray for the family of Jim Hendrix and for his multitude of friends. Grant peace to his soul and comfort to his family!
We thank You for the message from ancient times when Hezekiah moved from a political focus to a theological focus.
We thank You for the words of Phillips Brooks, 1868:
“O little town of Bethlehem...
While mortals sleep, the angels keep
Their watch of wondrous love.
O morning stars, together
Proclaim the holy Birth!
And praises sing to God the King,
And peace to men on earth.”
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Leave of Absence
On motion of Senator COURSON, at 11:05 A.M., Senator McCONNELL was granted a leave of absence for today.
MESSAGE FROM THE GOVERNOR
VETO SUSTAINED
(R207, S933) -- Senators Ravenel, McConnell and Grooms: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2002 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.
On motion of Senator FORD, the veto by the Governor was taken up for immediate consideration.
Senator RAVENEL moved that the veto be carried over.
Senator FORD objected.
Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 3; Nays 2; Not Voting 3
AYES
Branton (1.31)Grooms (2.68)Ravenel (12.83)
Total--3
NAYS
Ford (22.89)Pinckney (11.46)
Total--2
NOT VOTING
Kuhn (14.70)McConnell (25.54)Mescher (8.60)
Total--3
By a weighted vote of 16.82 to 34.35, the Senate refused to carry over the veto by the Governor.
The veto of the Governor was taken up for immediate consideration.
STATE OF SOUTH CAROLINA
Office of the Governor
Post Office Box 11829
Columbia, SC 29211
March 12, 2002
The Honorable Robert L. Peeler
President of the S.C. Senate
The State House
Columbia, SC 29201
The Honorable Glenn F. McConnell
President Pro Tempore, South Carolina Senate
The State House
Columbia, SC 29201
VETO MESSAGE
Gentlemen:
I am hereby vetoing R. 207 (S. 933) and returning the Bill to the Senate. This Bill changes the method of election of Charleston County School Board Trustees, beginning with the 2002 elections, from nonpartisan elections to partisan elections.
South Carolina schools are no place for partisan politics. The vast majority of local school boards in our State are nonpartisan and there is a compelling reason to maintain that tradition. Each public school district in South Carolina is an autonomous community with unique characteristics and issues. I believe wholeheartedly that the best way for each community to deal with its own local education matters is for its elected leaders to focus on the best interests of the students in that district and not be distracted or affected by partisan political motives, pressures or affiliation.
I think most South Carolinians share my belief that school boards elections should not attract partisan political office seekers as
candidates, but conscientious citizens genuinely committed to providing our children the quality education they deserve.
Sincerely,
/s/ Jim Hodges
Parliamentary Inquiry
Senator RYBERG made a Parliamentary inquiry as to whether or not the veto by the Governor should be voted on by the entire Senate and not solely by the members of the Charleston Delegation.
The PRESIDENT stated that the veto message was subject to Rule 51.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 5; Nays 2; Not Voting 1
AYES
Branton (1.31)Grooms (2.68)Kuhn (14.70)
Mescher (8.60)Ravenel (12.83)
Total--5
NAYS
Ford (22.89)Pinckney (11.46)
Total--2
NOT VOTING
McConnell (25.54)
Total--1
The necessary two-thirds vote not having been received (40.12 to 34.35), the veto of the Governor was sustained, and a message was sent to the House accordingly.
Senator LEATHERMAN spoke on the veto.
Senator BAUER spoke on the veto.
Senator MESCHER spoke on the veto.
Objection
Senator FORD asked unanimous consent to make a motion to recede from business not to exceed five minutes.
Senator GROOMS objected.
Senator BRANTON spoke on the veto.
Senator PINCKNEY spoke on the veto.
Senator KUHN spoke on the veto.
Senator FORD spoke on the veto.
Senator RAVENEL spoke on the veto.
ACTING PRESIDENT PRESIDES
At 11:54 A.M., Senator MARTIN assumed the Chair.
MESSAGE FROM THE GOVERNOR
The following appointments were transmitted by the Honorable James H. Hodges:
Statewide Appointments
Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008
At-Large
J. Alan Bass, Esquire, 311 Main Street, Union, S.C. 29379 VICE G. Bryan Lyndon
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence July 1, 2002, and to expire July 1, 2004
Chairman
J. Alan Bass, Esquire, 311 Main Street, Union, S.C. 29379 VICE Holly Saleeby Atkins
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008
At-Large
J. Michelle Childs, Esquire, 3929 West Buchanan Drive, Columbia, S.C. 29201 VICE Donald Van Riper
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Worker's Compensation Commission, with term to commence June 30, 2002, and to expire June 30, 2008
At-Large
George Norwood Funderburk, Esquire, 16 Whitsett Street, Greenville, S.C. 29601 VICE Ann M. Mickle
Referred to the Committee on Judiciary.
Local Appointments
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
William Donald Owens, 124 Vandiventer Dr., Greer, S.C. 29650
Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
Joseph T. Ligon, 4122 McCormick Highway, Bradley, S.C. 29819
Reappointment, Spartanburg County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
Eudora "Dodie" W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302
Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Bruster O. Harvin, 477 Jane Harvin Road, Lane, S.C. 29564
Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Cynthia W. Burrows, P. O. Box 956, Kingstree, S.C. 29556
Doctor of the Day
Senator HAWKINS introduced Dr. David Mitchell of Spartanburg, S.C., Doctor of the Day.
Motion to Ratify Adopted
At 11:05 A.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:30 P.M.
There was no objection and a message was sent to the House accordingly.
Expression of Personal Interest
Senator MARTIN rose for an Expression of Personal Interest.
Remarks by Senator MARTIN
Mr. PRESIDENT, Members of the Senate,
Just very briefly, the Chaplain made note this morning in his prayer the passing of Jim Hendrix, our Election Commission Director. I know many of you have worked with Jim over the years. I just wanted to comment that there is a Bill on the Senate Calendar today that came out of a subcommittee that I chaired on Judiciary on which he worked very diligently. I was going to make mention of it when we got to it, but I was afraid to do that as I did not want to tie it too closely with the legislation. I just wanted to share with you that I had always enjoyed working with him and respected the great gentle demeanor that he always had on working on difficult questions dealing with the election laws. This Bill is a fairly comprehensive Bill that we will take up after a while on second reading.
Mr. PRESIDENT, the point I wanted to make about Mr. Hendrix, taking note of the great job that he did in particular with our election process in South Carolina, is that we have never had the controversy associated with holding a statewide election that we have seen in other states. South Carolina has been well served by the kind of leadership he provided and the kind of diligence that he attempted to provide in leading that agency. I just wanted to make those comments today, as I thought about him just in the last week or so appearing before a legislative committee over here and how he had worked so diligently on that particular bill. Also, I wanted to remind us once again just how things can change. Just in a twinkling of an eye, things can change. That is the profound impact of Jim Hendrix’s passing on me today as I thought about him being there in that committee room just a week or so ago and how involved he was in that Bill. We had a couple of different meetings on it. My local election director was there. She had been very involved in helping pass that. I just wanted to make those comments to all of you today to share with you my reflections on him and to thank the Chaplain for remembering him. I know that all of us join in expressing to his family our deepest sympathies, our heartfelt condolences and our very warmest wishes in this very difficult time. Thank you, Mr. PRESIDENT.
On motion of Senator COURSON, with unanimous consent, Senator MARTIN's remarks were ordered printed in the Journal.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1186 -- Senators Waldrep, Ravenel, Mescher, Richardson, Hayes, Thomas and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48125 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A LONGRANGE STRATEGY FOR PRESERVING AND PROTECTING THE STATE’S NATURAL RESOURCES, TO REQUIRE THE DEPARTMENT IN EVERY MAJOR ENVIRONMENTAL PERMITTING ACTION TO CERTIFY THAT THE ACTIVITY OR PROJECT IS CONSISTENT WITH THE DEPARTMENT’S LONGRANGE STRATEGY, TO PROVIDE AREAS OF CONSIDERATION BY THE DEPARTMENT IN TAKING SUCH PERMITTING ACTION, AND TO REQUIRE THE DEPARTMENT TO PROMOTE PUBLIC PARTICIPATION IN ITS DECISIONMAKING PROCESS BY PROVIDING PUBLIC NOTICE OF PERMIT APPLICATIONS; TO AMEND SECTION 44120, RELATING TO THE CREATION OF THE DEPARTMENT AND BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PRESCRIBE CERTAIN FACTORS THAT MUST BE CONSIDERED IN APPOINTING MEMBERS TO THE BOARD; AND TO AMEND SECTION 48150, RELATING TO THE POWERS OF THE DEPARTMENT UNDER THE POLLUTION CONTROL ACT, SO AS TO AUTHORIZE THE DEPARTMENT TO REVIEW AND CONSIDER THE PAST ENVIRONMENTAL COMPLIANCE HISTORY OF AN APPLICANT WHEN MAKING A PERMIT DECISION.
l:\council\bills\nbd\11456ac02.doc
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S.1187 -- Senators Rankin and Elliott: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 4, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
l:\council\bills\nbd\11490ac02.doc
Read the first time and referred to the Committee on Education.
S.1188 -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ANNUAL SALARY THAT MAY BE EARNED BY A RETIRED STATE EMPLOYEE RETURNING TO STATE EMPLOYMENT, SO AS TO PROVIDE THAT SUBSEQUENT HIRING OF A RETIREE OF THE STATE RETIREMENT SYSTEM IS AT THE SOLE DISCRETION OF THE EMPLOYER.
l:\council\bills\nbd\11489ac02.doc
Read the first time and referred to the Committee on Finance.
S.1189 -- Senator Leventis: A BILL TO AMEND SECTION 114970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BONDS ISSUED UNDER THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT, SO AS TO EXTEND THE MATURITY OF THE BONDS THAT MAY BE ISSUED UNDER THE ACT, AND TO AUTHORIZE THE ISSUANCE OF A SERIES OF BONDS DURING FISCAL YEAR 20012002 THE PROCEEDS OF WHICH SHALL BE USED TO REFUND CERTAIN OUTSTANDING INDEBTEDNESS OF THE AUTHORITY OR DEPOSITED IN THE STATE GENERAL FUND; AND TO AMEND SECTION 1111170, AS AMENDED, RELATING TO USES OF REVENUES PAYABLE TO THE STATE FROM THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO FURTHER PROVIDE FOR THE FUNDS OR REVENUES TO WHICH THIS PROVISION APPLIES AND FOR THE SOURCES OF THESE FUNDS OR REVENUES.
l:\council\bills\gjk\21249sd02.doc
Senator LEVENTIS spoke on the Bill.
Read the first time and referred to the Committee on Finance.
Expression of Personal Interest
Senator RICHARDSON rose for an Expression of Personal Interest.
S.1190 -- Senator Elliott: A BILL TO AMEND SECTION 9970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVIVOR BENEFIT OPTION ELECTION FOR RETIRING MEMBERS OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM (GARS), SO AS TO PROVIDE THAT THE SURVIVING SPOUSE OF A DECEASED MEMBER OF THE GENERAL ASSEMBLY WHO HAD AT LEAST TEN YEARS CREDITED SERVICE IN GARS AND WHO ELECTED THE MAXIMUM BENEFIT MAY RECEIVE A SURVIVOR BENEFIT EQUIVALENT TO THE OPTION 2 SURVIVOR ELECTION UPON A LUMPSUM PAYMENT TO THE SYSTEM OF AN AMOUNT SUFFICIENT TO OFFSET THE ACTUARIAL COST OF THE BENEFIT.
l:\council\bills\bbm\9006htc02.doc
Read the first time and referred to the Committee on Finance.
S.1191 -- Senators Elliott, McConnell and Rankin: A BILL TO AMEND TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, BY ADDING CHAPTER 11, SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA HEREBY DELEGATES ITS AUTHORITY GRANTED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING CRUISES PURSUANT TO THE JOHNSON ACT OF 1992, (15 U.S.C. 1175, ET SEQ.) TO COUNTY AND MUNICIPAL GOVERNMENTS; TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNMENTS MAY PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS BY ORDINANCE WITHIN THE DELEGATED POWER PROVIDED PURSUANT TO THE JOHNSON ACT; TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY ONLY ASSESS CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO PROVIDE THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REPEAL OR MODIFY ANY OTHER PROVISION OF LAW RELATING TO GAMBLING.
l:\s-jud\bills\elliott\jud0117.de.doc
Read the first time and referred to the Committee on Judiciary.
S.1192 -- Senators Richardson, Bauer and Fair: A BILL TO AMEND SECTION 75110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO ADD THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION, PARTISAN PRESIDENTIAL PRIMARY ELECTION, OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY OR HAS EXECUTED AN AFFIDAVIT AT THE POLLING PLACE FOR THE PRIMARY THAT HE IS A MEMBER OF THAT PARTY; TO AMEND SECTION 75170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO ADD THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND TO AMEND SECTION 7920, RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY, OR EXECUTING AN AFFIDAVIT AT THE PRIMARY POLLING PLACE AFFIRMING THAT THE VOTER IS A MEMBER OF THE POLITICAL PARTY HOLDING THE PRIMARY.
l:\council\bills\pt\1890dw02.doc
Read the first time and referred to the Committee on Judiciary.
H.5013 -- Reps. MeachamRichardson, Leach, Simrill, Clyburn, Allison, Bales, Barrett, Carnell, Delleney, Easterday, Edge, Emory, Frye, Gilham, Govan, Harrison, Hinson, Hosey, Keegan, Kelley, Limehouse, Littlejohn, Lloyd, Loftis, J.M.Neal, Owens, Phillips, Rice, Riser, Rodgers, Sandifer, Sinclair, J.R.Smith, Snow, Stille, Walker and Wilder: A CONCURRENT RESOLUTION TO DECLARE APRIL AS “SOUTH CAROLINA CHRISTIAN HERITAGE MONTH”.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
REPORTS OF STANDING COMMITTEES
Senator FAIR from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S.1048 -- Senator Fair: A BILL TO AMEND SECTION 231920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S.1163 -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 509545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee polled out H.4402 favorable:
H.4402 -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker and Leach: A BILL TO AMEND SECTION 43310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES.