WEDNESDAY, MAY 19, 2004
Wednesday, May 19, 2004
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 1:00 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:
Beloved, please receive an uplift as we hear an encouraging word about St. Paul in the Book of Acts of the Apostles (28:14b-15):
“And so we came to Rome. The believers from there, when they heard of us, came as far as the Forum of Appius and Three Taverns to meet us. On seeing them, Paul thanked God and took courage.”
Let us pray.
Father, we thank You for the record that when things were tough for Paul, when he saw his friends, he “thanked God and took courage.”
We thank You for faithful colleagues, here, who, each day, give us strength, and whose loyalty gives a glow to our lives.
Give us the grace, each one, to pray, that we ourselves, shall be such a friend… in the Holy Name.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Doctor of the Day
Senator PATTERSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.
Leave of Absence
At 2:30 P.M., Senator PATTERSON requested a leave of absence from 4:30 - 8:00 P.M. today.
Expression of Personal Interest
Senator McCONNELL rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator RANKIN rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator RICHARDSON rose for an Expression of Personal Interest.
Motion Adopted
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
Motion to Ratify Adopted
At 2:00 P.M., Senator LEATHERMAN 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 4:15 P.M.
There was no objection and a message was sent to the House accordingly.
RECALLED
H.5131 -- Reps. Delleney, W.D.Smith and F.N.Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 26, 2004, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005.
Senator McCONNELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.5242 -- Rep. Chellis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43235 SO AS TO ALTER THE LINES OF DORCHESTER AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Senator BRANTON asked unanimous consent to recall the Bill from the Dorchester County Legislative Delegation and place the Bill on the Calendar for consideration tomorrow.
There was no objection.
The Bill was recalled and ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.5250 -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, “WORLD WAR II VETERANS RECOGNITION DAY”.
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee and order the Resolution placed on the Calendar for consideration tomorrow.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.5251 -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, “WORLD WAR II VETERANS RECOGNITION DAY”.
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee and order the Resolution placed on the Calendar for consideration tomorrow.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
RECALLED
H.5252 -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALL WORLD WAR II VETERANS WHO SERVED THE UNITED STATES OF AMERICA AND TO DECLARE MAY 29, 2004, “WORLD WAR II VETERANS RECOGNITION DAY”.
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee and order the Resolution placed on the Calendar for consideration tomorrow.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
RETURN REQUESTED FROM THE HOUSE
S.718 -- Senator Grooms: A BILL TO AMEND SECTION 50112200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.
Senator GROOMS asked unanimous consent to request the return of S. 718 from the House.
There was no objection and a message was sent to the House.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following Bills and Resolutions were introduced:
S. 1252 -- Senator Sheheen: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE AN ALTERNATE PROCEDURE IN EVEN-NUMBERED YEARS WHEN THE ELECTION TO FILL THE VACANCY FALLS AFTER THE FIRST THURSDAY IN JUNE.
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Read the first time and referred to the Committee on Judiciary.
S. 1253 -- Senator Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MRS. PEGGY JAMES TYLER FOR TWENTY YEARS OF DEDICATED SERVICE AS A MEMBER OF THE SCHOOL BOARD OF TRUSTEES OF ORANGEBURG SCHOOL DISTRICT FOUR.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1254 -- Senator Knotts: A BILL TO AMEND SECTION 11-9-880, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE FORECASTS OF THE BOARD OF ECONOMIC ADVISORS, SO AS TO PROVIDE THAT THE FEBRUARY FIFTEENTH REVENUE FORECAST MAY ONLY BE REDUCED IN ANY ADJUSTED FORECAST.
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Senator KNOTTS spoke on the Bill.
S. 1254--Objection
Senator KNOTTS asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator LEATHERMAN objected.
Read the first time and referred to the Committee on Finance.
S. 1255 -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 521 IN CLARENDON COUNTY THE "BEN G. ALDERMAN, JR. INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "BEN G. ALDERMAN, JR. INTERCHANGE".
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On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1256 -- Senators McGill, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION URGING CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO SUPPORT AND ENACT LEGISLATION TO ESTABLISH A TOBACCO QUOTA BUYOUT PROGRAM.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1257 -- Senators Setzler, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE ON I-20 AT EXIT 44 IN HONOR OF THE LATE SENATOR F. BEASLEY SMITH WHO SERVED HIS COUNTY AND STATE WITH DISTINCTION.
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Senator SETZLER spoke on the Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5232 -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE FOUR HOLE SWAMP ALONG UNITED STATES HIGHWAY 78 IN DORCHESTER COUNTY "THE MINUS BRIDGE", AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS BRIDGE THAT CONTAIN THE WORDS "THE MINUS BRIDGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5261 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE ENNIS BRYANT, SCHOOL DISTRICT ADMINISTRATOR FOR LEE COUNTY, UPON HIS RETIREMENT AFTER THIRTY-FIVE YEARS AS A TEACHER, COACH, AND ADMINISTRATOR FOR SOUTH CAROLINA PUBLIC SCHOOLS AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5265 -- Rep. Huggins: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR THE IRMO HIGH SCHOOL "YELLOW JACKETS" BOYS VARSITY SOCCER TEAM AND HEAD COACH PHIL SAVITZ ON WINNING THEIR FIFTEENTH CLASS AAAA STATE CHAMPIONSHIP AND TO WISH THEM CONTINUED SUCCESS IN ALL THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5272 -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE CHRIST CHURCH EPISCOPAL SCHOOL SAT TEAM OF GREENVILLE FOR THEIR DEDICATED AND DILIGENT WORK AND RECENT ACCOMPLISHMENTS, INCLUDING BEING NAMED 2004 CLASS A STATE CHAMPIONS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5276 -- Reps. Huggins and McLeod: A CONCURRENT RESOLUTION CONGRATULATING THE 2004 CHAPIN HIGH SCHOOL "FIGHTING EAGLES" GOLF TEAM ON THE SCHOOL'S HISTORIC FIRST CLASS AA SOUTH CAROLINA TEAM GOLF TITLE AND WISHING THE GOLFERS WELL AS THEY MOVE ON TO CLASS AAA COMPETITION NEXT YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5277 -- Reps. Coleman, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ELECTRIC & GAS COMPANY AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY ON THE OCCASION OF THE TWENTY-YEAR ANNIVERSARY OF THE COMMERCIAL OPERATION OF THE V. C. SUMMER NUCLEAR PLANT, A JOINT PARTNERSHIP BETWEEN THESE TWO OUTSTANDING ORGANIZATIONS, WHICH WILL BE CELEBRATED ON MAY 27, 2004.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5278 -- Reps. Rutherford, J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO OFFER WARMEST AND HEARTFELT CONGRATULATIONS TO MR. AND MRS. JASPER SALMOND OF RICHLAND COUNTY ON THE OCCASION OF THE CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND TO THEM AND THEIR FAMILY EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5279 -- Reps. Neilson, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. RAYMOND P. BYNOE OF COLUMBIA AND HIS MULTI-DISCIPLINARY TEAM, INCLUDING DR. BRADLEY PRESNAL, DR. DAVID B. FULTON, DR. CHARLOTTE THOMPSON, DR. LENWOOD SMITH, AND DR. ED HUDSON, FOR THEIR HEROIC EFFORTS THAT SAVED REPRESENTATIVE DENNY NEILSON'S LIFE AFTER HER ACCIDENT IN FEBRUARY 2001.