Senate Journal for Oct. 27, 2009 - South Carolina Legislature Online

Tuesday, October 27, 2009

(Statewide Session)

3372

TUESDAY, OCTOBER 27, 2009

Indicates Matter Stricken

Indicates New Matter

Under the provisions of S. 834, the Sine Die Resolution, the Senate assembled at 12:00 Noon, 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 plaintively declares:

“Search me, O God, and know my heart; test me and know my anxious thoughts. See if there is any offensive way in me, and lead me in the way everlasting.” (Psalm 139:23-24)

Let us pray:

Holy God, we turn to You as those who—like the Psalmist—find ourselves tested and challenged again and again. So we call upon You here in this Chamber, dear Lord, to grant each of these Senators the wisdom and courage to determine those things that will best benefit the good people of South Carolina. Enable each of these leaders and their staff members to honor You through their decisions. And equally bless and encourage all other officials who happen to serve in this State and in this nation, as well as our women and men in the Armed Forces. Together may these servants always follow Your way in everything they say and do. In Your loving name we pray, O Lord.

Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Reappointment, Charleston Naval Facilities Redevelopment Authority, with the term to commence April 24, 2009, and to expire April 24, 2013

Berkeley County:

Ronald H. Anderson, 100 Speightstown Court, Goose Creek, SC 29445

Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with the term to commence April 24, 2009, and to expire April 24, 2013

Charleston County:

David Alan Coker, 1023 Bethany Street, North Charleston, SC 29405 VICE Louis C. Mintz

Initial Appointment, Chester County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011

Yale Zamore, 201 Town and Country Lane, Apt. 1, Chester, SC 29706 VICE William Ralph Garris

Initial Appointment, Clarendon County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010

Robert Shawn McCord, 537 Sunset Dr., Manning, SC 29102

Initial Appointment, Greenville County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010

Ernest Michael Patrick O'Brien, 102 Cherokee Dr., Greenville, SC 29615 VICE Daniel Marsceau

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011

Nancy Collins Atkins, 180 Magnolia Street, Room 105, Spartanburg, SC 29306

Reappointment, Spartanburg County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011

James E. Talley, 482 South Irwin Ave., Spartanburg, SC 29306

Initial Appointment, Spartanburg County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011

James H. West, 147 Shady Lane Drive, Wellford, SC 29385 VICE David C. Snow

Initial Appointment, Union County Magistrate, with the term to commence April 30, 2007, and to expire April 30, 2011

Arthur Taylor Sprouse, Jr., 4513 Buffalo-West Springs Highway, Pauline, SC 29374 VICE William E. Goodwin

Initial Appointment, Williamsburg County Magistrate, with the term to commence April 30, 2006, and to expire April 30, 2010

Randy Brice Foxworth, 97 Crestwood Dr., Andrews, SC 29510 VICE Bruster O. Harvin

Leave of Absence

At 3:00 P.M., Senator RANKIN requested a leave of absence for Wednesday, October 28, 2009.

Expression of Personal Interest

Senator S. MARTIN rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator BRIGHT rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 893 -- Senator Sheheen: A BILL TO AMEND SECTION 41-35-330 OF THE 1976 CODE, RELATING TO CERTAIN DEFINITIONS ASSOCIATED WITH EXTENDED UNEMPLOYMENT BENEFITS, TO PROVIDE AN ADDITIONAL "STATE 'ON' INDICATOR"; TO AMEND SECTION 41-35-380, RELATING TO THE DEFINITION OF THE ELIGIBILITY PERIOD FOR UNEMPLOYMENT BENEFITS, SO AS TO ADD TO THE DEFINITION OF THIS ELIGIBILITY PERIOD; AND TO AMEND SECTION 41-35-440, RELATING TO THE TOTAL EXTENDED BENEFIT AMOUNT OF UNEMPLOYMENT BENEFITS PAYABLE TO AN INDIVIDUAL WITHIN A BENEFIT YEAR, SO AS TO PROVIDE FOR A FORMULA FOR DETERMINING THE TOTAL EXTENDED BENEFIT AMOUNT PAYABLE TO AN INDIVIDUAL WITH RESPECT TO THE APPLICABLE BENEFIT YEAR FOR WEEKS BEGINNING IN A HIGH-UNEMPLOYMENT PERIOD.

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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 894 -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE COLLEGE STREET BAPTIST CHURCH OF WALHALLA AND ITS CONGREGATION ON THE OBSERVANCE AND CELEBRATION OF ITS CENTENNIAL ANNIVERSARY.

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The Senate Resolution was adopted.

S. 895 -- Senator Lourie: A SENATE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MAYOR RICHARD W. THOMAS, JR., COUNCIL MEMBERS, BOB BISHOP, RUSTY ONLEY, AND MICHAEL N. SMITH, TOWN CLERK CHRISTINE MURPHY, OTHER STAFF, AND ALL THE RESIDENTS OF THE TOWN OF ARCADIA LAKES IN RICHLAND COUNTY ON THE OCCASION OF THE FIFTIETH ANNIVERSARY OF ITS INCORPORATION FOLLOWING A FAVORABLE VOTE IN AN INCORPORATION REFERENDUM HELD ON OCTOBER 30, 1959.

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The Senate Resolution was adopted.

REPORT OF STANDING COMMITTEE

Senator L. MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S.856 -- Senator Campsen: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF THIS STATE AND SECTION 21180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, MAY 21, 2009, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT A TIME MUTUALLY AGREED UPON BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES NO LATER THAN JUNE 30, 2009, FOR A PERIOD NOT TO EXCEED THREE STATEWIDE LEGISLATIVE DAYS FOR THE CONSIDERATION OF CERTAIN MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS AFTER THIS THREEDAY PERIOD NOT LATER THAN 5:00 P.M. ON THE THIRD LEGISLATIVE DAY, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT A TIME MUTUALLY AGREED UPON BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON CERTAIN OCCURRENCES AND FOR THE CONSIDERATION OF SPECIFIED MATTERS, AND TO PROVIDE THAT UNLESS ADJOURNED EARLIER, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NO LATER THAN NOON ON TUESDAY, JANUARY 12, 2010.

S. 856--Committee Amendment Adopted

Resolution Adopted, Ordered Sent to the House as Amended

The Senate proceeded to a consideration of the Resolution, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (856R001.GFM), which was adopted:

Amend the concurrent resolution, as and if amended, by striking all after the resolving words and inserting:

/ (A) Pursuant to the provisions of Article III, Section 9 of the Constitution of this State and Section 21180 of the 1976 Code, the sine die adjournment date for the General Assembly for the 2009 Session is recognized and extended to permit the General Assembly to continue in session after Thursday, May 21, 2009, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and the House of Representatives adjourn on Thursday, May 21, 2009, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at a date and time mutually agreed upon by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. However, the Senate and the House shall remain in session past May 21, 2009, to complete any unfinished business concerning any general appropriations bill or any supplemental appropriations bill or any veto to any appropriations bill and, upon completion, each body shall adjourn pursuant to the provisions of this resolution. When the Senate and the House reconvene at a time between, the later of May 21, 2009, or the completion of any general appropriations bill or any supplemental appropriations bill, and no later than June 30, 2009, each house may remain in session for no longer than three statewide legislative days to adjourn not later than 5:00 p.m. on the third legislative day, except as provided by this resolution, for the following matters and subject to the following conditions, as applicable:

(1) receipt and consideration of gubernatorial vetoes;

(2) receipt, consideration, and confirmation of appointments;

(3) election of members to state boards and commissions, or other office elected by the General Assembly, at a joint session on a date and time mutually agreed upon by the President Pro Tempore of the Senate and the Speaker of the House of Representatives;

(4) receipt and consideration of resolutions affecting the sine die adjournment date;

(5) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;

(6) receipt and consideration of resolutions expressing sympathy or congratulations;

(7) receipt, consideration, and actions upon any general appropriations bill and any supplemental appropriations bill;

(8) receipt and consideration of conference and free conference reports;

(9) receipt and consideration of any matter related to the certification, application, receipt, or expenditure of federal funds available pursuant to HR1, the American Recovery and Reinvestment Act of 2009; and

(10) receipt, consideration, and actions upon H. 3722.

(B) After each house stands adjourned pursuant to subsection (A) not later than 5:00 p.m. on the third legislative day, each house shall stand adjourned to meet in statewide session at a date and time mutually agreed upon by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, only for the following matters and subject to the following conditions, as applicable:

(1) receipt and consideration of any matter necessary to address any shortfall in revenue meeting the conditions of Section 119890;

(2) receipt and consideration of any matter related to the certification, application, receipt, or expenditure of federal funds available pursuant to HR1, the American Recovery and Reinvestment Act of 2009 or receipt and consideration of any matter related to the maintenance of state effort required by the American Recovery and Reinvestment Act of 2009;

(3) receipt and consideration of gubernatorial vetoes;

(4) receipt, consideration, and confirmation of appointments;

(5) election of members to state boards and commissions, or other office elected by the General Assembly, at a joint session on a date and time mutually agreed upon by the President Pro Tempore of the Senate and the Speaker of the House of Representatives;

(6) receipt and consideration of any matter necessary to address economic development opportunities;

(7) receipt and consideration of conference and free conference reports related to H. 3722; and

(8) receipt and consideration of resolutions affecting the sine die adjournment date.

(C) The President Pro Tempore of the Senate and the Speaker of the House of Representatives may set a mutually agreed upon time after May 21, 2009, and prior to sine die adjournment for officers of the Senate and House to ratify acts.

(D) Unless adjourned earlier, the General Assembly shall stand adjourned sine die no later than noon on Tuesday, January 12, 2010./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the committee amendment.

The committee amendment was adopted.

The question then was the adoption of the Concurrent Resolution, as amended:

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 44; Nays 0

AYES

Alexander Anderson Bright

Bryant Campbell Campsen

Cleary Coleman Courson

Cromer Davis Elliott

Fair Ford Grooms

Hayes Hutto Jackson

Knotts Land Leatherman

Leventis Lourie Malloy

Martin, L. Martin, S. Massey

Matthews McConnell McGill

Mulvaney Nicholson Peeler

Pinckney Rankin Reese

Rose Scott Setzler

Sheheen Shoopman Thomas

Verdin Williams

Total--44

NAYS

Total--0

There being no further amendments, the Concurrent Resolution was adopted, as amended, and ordered sent to the House with amendments.

RECESS

At 12:32 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:57 P.M. and was called to order by the PRESIDENT.

MOTION ADOPTED

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 2:00 P.M. on Wednesday, October 28, 2009.

RECESS

At 3:01 P.M., on motion of Senator LEATHERMAN, the Senate receded from business.

At 3:17 P.M., the Senate resumed.

REPORT OF STANDING COMMITTEE

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H.3130 -- Rep. Harvin: A BILL TO AMEND SECTION 12373150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING WHEN A PARCEL OF REAL PROPERTY MUST BE APPRAISED AS A RESULT OF AN ASSESSABLE TRANSFER OF INTEREST, SO AS TO PROVIDE THAT A CONVEYANCE TO A TRUST DOES NOT CONSTITUTE AN ASSESSABLE TRANSFER OF INTEREST IN THE REAL PROPERTY IF THE SETTLOR OR SETTLOR’S SPOUSE CONVEYS THE PROPERTY TO A TRUST THE BENEFICIARIES OF WHICH ARE A CHILD OR CHILDREN OF THE SETTLOR OR THE SETTLOR’S SPOUSE AND TO PROVIDE THAT A CONVEYANCE BY DISTRIBUTION UNDER A WILL OR BY INTESTATE SUCCESSION DOES NOT CONSTITUTE AN ASSESSABLE TRANSFER OF INTEREST IN THE REAL PROPERTY IF THE DISTRIBUTEE IS A CHILD OR CHILDREN OF A DECEDENT AND THE DECEDENT DID NOT HAVE A SPOUSE AT THE DECEDENT’S DATE OF DEATH.