senate journal for mar. 31, 2004 - south carolina ...€¦ · web viewbeloved, hear a word from...

Wednesday, March 31, 2004(Statewide Session)

Indicates Matter StrickenIndicates 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:

Beloved, hear a word from Proverbs, Chapter 4:7:“The beginning of wisdom is this: Get wisdom, and whatever else

you get, get insight.”Let us pray.

Father, help us to share both our wisdom and our insights.If we should have hard and difficult tasks today, help us to keep our

common goals and be motivated by our common purposes, so that ultimately we may rejoice together.

Father, if along the way, we should be thrown upon horns of dilemmas, help us to reexamine and test our thoughts and deeds.

We’d like to please our people. But, more important, if there is a difference, we prefer to please our Father-God!Amen.

Point of QuorumAt 2:12 P.M., Senator LEATHERMAN made the point that a

quorum was not present. It was ascertained that a quorum was not present.

Call of the SenateSenator RYBERG moved that a Call of the Senate be made. The

following Senators answered the Call:Alexander Anderson BrantonCourson Cromer ElliottFair Ford GieseGlover Gregory GroomsHawkins Hayes HuttoJackson Knotts KuhnLand Leatherman MalloyMartin Matthews McConnellMcGill Mescher Moore

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WEDNESDAY, MARCH 31, 2004

O'Dell Patterson PeelerPinckney Ravenel ReeseRichardson Ritchie RybergSetzler Sheheen ShortSmith, J. Verne Thomas VerdinWaldrep

A quorum being present, the Senate resumed.

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

MESSAGE FROM THE GOVERNORThe following appointments were transmitted by the Honorable

Mark C. Sanford:

Local AppointmentsInitial Appointment, Myrtle Beach Air Force Base Redevelopment

Authority, with term to commence June 30, 2003, and to expire June 30, 2007

Horry County CouncilJames P. "Pat" Howle, Horry Electric Cooperative, Inc., P. O. Box

119, Conway, S.C. 29528-0119 VICE James R. Madory

Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006

At-LargeRebecca McDuffie Brown, 8 Crosland Lane, Columbia, S.C. 29223


At-LargeGloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205

REGULATION WITHDRAWN AND RESUBMITTEDThe following was received:

Document No. 2872Agency: Department of Health and Environmental ControlSUBJECT: Air Pollution Control Regulations and StandardsReceived by Lieutenant Governor January 22, 2004Referred to Medical Affairs Committee

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Withdrawn and Resubmitted March 31, 2004

Doctor of the DaySenator McCONNELL introduced Dr. James Craigie of Charleston,

S.C., Doctor of the Day.

Leave of AbsenceAt 3:45 P.M., Senator PINCKNEY requested a leave of absence for

the balance of the day.

Leave of AbsenceAt 3:45 P.M., Senator THOMAS requested a leave of absence for

Thursday, April 1, 2004.

Leave of AbsenceAt 3:45 P.M., Senator HAWKINS requested a leave of absence

beginning at 5:00 P.M. for the balance of the day.

Expression of Personal InterestSenator MARTIN rose for an Expression of Personal Interest.

Motion AdoptedOn motion of Senator MARTIN, with unanimous consent, the Senate

agreed to go into Executive Session preceding consideration of S. 356.

CO-SPONSOR ADDEDS. 1106 -- Senators Jackson, Richardson, Leventis and Cromer: A

BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59, SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.

On motion of Senator REESE, with unanimous consent, the name of Senator REESE was added as a co-sponsor of S. 1106.

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RECALLED AND READ THE SECOND TIMES. 1091 -- Senator Hayes: A JOINT RESOLUTION TO PROVIDE

THAT THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

Senator HAYES asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.

There was no objection.

The Joint Resolution was recalled from the committee.

Senator HAYES asked unanimous consent to take the Joint Resolution up for immediate consideration.


The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

On motion of Senator HAYES, with unanimous consent, the Joint Resolution was read the second time.

S. 1091--Ordered to a Third ReadingOn motion of Senator HAYES, with unanimous consent, S. 1091

was ordered to receive a third reading on Thursday, April 1, 2004.

INTRODUCTION OF BILLS AND RESOLUTIONSThe following were introduced:

S. 1108 -- Senator Giese: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION WHILE LIVING OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR

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HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION.l:\council\bills\ggs\22575htc04.doc

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

S. 1109 -- Senator McConnell: A BILL TO AMEND SECTION 3-5-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW AND APPEAL OF DETERMINATIONS OF DAMAGE TO OYSTER BEDS OR OYSTERS, SO AS TO PROVIDE THAT AN APPEAL OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE MAY BE TAKEN TO THE CIRCUIT COURT; TO AMEND SECTION 44-1-50, RELATING TO POWERS AND DUTIES OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DELETE THE REFERENCE TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL; TO AMEND SECTION 48-39-150, RELATING TO APPEALS OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE DENYING OR GRANTING A PERMIT FOR USE IN A CRITICAL AREA, SO AS TO PROVIDE THAT AN APPEAL OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE MAY BE TAKEN TO THE CIRCUIT COURT; TO AMEND SECTION 48-39-180, RELATING TO JUDICIAL REVIEW OF PERMIT DETERMINATIONS, SO AS TO PROVIDE THAT AN APPEAL OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE MAY BE TAKEN TO THE CIRCUIT COURT; TO AMEND SECTION 48-39-280, RELATING TO A 40-YEAR POLICY OF RETREAT FROM THE SHORELINE, SO AS TO PROVIDE THAT AN APPEAL OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE MAY BE TAKEN TO CIRCUIT COURT AND THAT A REQUEST FOR REVIEW OF THE FINAL OR REVISED SETBACK LINE, BASELINE, OR EROSION RATE ESTABLISHED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST BE FORWARDED TO THE ADMINISTRATIVE LAW JUDGE DIVISION AND AN APPEAL OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE MAY BE TAKEN TO THE CIRCUIT COURT; TO AMEND SECTION 48-39-290, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE BASELINE OR BETWEEN THE BASELINE AND THE SETBACK, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A DECISION MAY APPLY TO THE ADMINISTRATIVE LAW JUDGE DIVISION TO

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REVIEW THE DETERMINATION AND MAY APPEAL THE DECISION OF AN ADMINISTRATIVE LAW JUDGE TO THE CIRCUIT COURT; AND TO REPEAL SECTION 48-39-40, RELATING TO THE CREATION OF THE COASTAL ZONE MANAGEMENT APPELLATE PANEL.l:\s-jud\bills\mcconnell\jud0135.gfm.doc

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

S. 1110 -- Senator Sheheen: A BILL TO AMEND CHAPTER 5, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNSOLICITED CHECKS TO SECURE LOANS, BY ADDING ARTICLE 6, SO AS TO PROVIDE THAT LENDERS WHO SEND UNSOLICITED CHECKS MUST DISCLOSE THAT THE CHECK IS TO SECURE A LOAN, MUST PROVIDE NOTICE OF THE TERMS OF THE LOAN, AND MUST PROVIDE NOTICE TO RECIPIENTS THAT BY CASHING THE CHECK THEY HAVE ENTERED INTO A LOAN AGREEMENT, TO PROVIDE PROTECTION FOR INTENDED PAYEES WHEN THE UNSOLICITED CHECK IS CASHED FRAUDULENTLY, AND TO PROVIDE THAT A VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE AND SUBJECT TO PENALTIES AND ENFORCEMENT AS PROVIDED FOR UNDER THIS CHAPTER.l:\s-jud\bills\sheheen\jud0126.vas.doc


S. 1111 -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, CAROLINA PUBLIC SCHOOL DISTRICT, TO TITLE 59; TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC SCHOOL DISTRICT, ITS GOVERNANCE AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.l:\council\bills\bbm\10144sj04.doc

Senator GROOMS spoke on the Bill.

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

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S. 1112 -- Senators Giese and Matthews: A BILL TO ENACT THE "SOUTH CAROLINA EQUALIZED EDUCATION FINANCE AND FUNDING ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 20, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION FINANCE ACT OF 1977, SO AS TO RENAME THE CHAPTER THE SOUTH CAROLINA EQUALIZED EDUCATION FINANCE ACT OF 2004, PROVIDE FOR THE ACHIEVEMENT OF OBJECTIVES FOR HIGH ACADEMIC ACHIEVEMENT REQUIRED BY THE EDUCATION ACCOUNTABILITY ACT OF 1998, DEFINE CERTAIN ADDITIONAL TERMS, PROVIDE FOR EQUALIZED SCHOOL MILLAGE, EQUALIZED REVENUE, AND EQUALIZED STATE FUNDING THROUGHOUT THE STATE TO BE PHASED IN OVER THE NEXT TWO YEARS, PROVIDE THAT THE BASE STUDENT COST FOR THE 2004-05 SCHOOL YEAR IS FIVE THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS, ADD A NEW WEIGHTING FOR POVERTY, PROVIDE THAT EQUALIZED SCHOOL MILLAGE OF ONE HUNDRED MILLS MUST BE LEVIED IN ALL SCHOOL DISTRICTS, PROVIDE THAT THE DIVISION OF RESEARCH AND STATISTICS OF THE BUDGET AND CONTROL BOARD SHALL SUBMIT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ESTIMATES OF THE EQUALIZED MILLAGE REVENUE AND OTHER STATE FUNDS TO FUND THE AMOUNT OF EQUALIZED STATE FUNDING FOR THE FOUNDATION PROGRAM, PROVIDE WHAT CONSTITUTES ADDITIONAL STATE EFFORT, PROVIDE FOR THE STATE MINIMUM SALARY SCHEDULE TO BE ADJUSTED BASED ON THE AVERAGE SALARY OF AT LEAST THE GEORGIA/NORTH CAROLINA AVERAGE SALARY, PROVIDE THE SPENDING PRIORITY OF FUNDS ALLOCATED TO IMPLEMENT THE FOUNDATION PROGRAM, AND MAKE OTHER CONFORMING CHANGES; BY ADDING ARTICLE 11 TO CHAPTER 36, TITLE 12, SO AS TO IMPOSE AN ADDITIONAL STATE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO TWO PERCENT OF GROSS PROCEEDS OF SALES OR SALES PRICE, AND TO PROVIDE THAT THIS ADDITIONAL TWO PERCENT TAX DOES NOT APPLY TO THE SALE OF UNPREPARED FOOD AND ON ACCOMMODATIONS FOR TRANSIENTS; BY ADDING SECTION 11-11-155 SO AS TO CREATE THE SCHOOL MILLAGE TAX EXEMPTION TRUST FUND (THE SCHOOL TRUST FUND) AND REQUIRE REVENUES

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OF THE ADDITIONAL SALES AND USE TAX AND ADDITIONAL REVENUE GENERATED BY ELIMINATING OR REVISING SALES TAX EXEMPTIONS AND CAPS TO BE CREDITED TO THIS FUND AND USED FOR THE PURPOSES OF CHAPTER 20 OF TITLE 59; BY ADDING SECTION 12-6-1145 SO AS TO PROVIDE THAT A DEDUCTION IS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR CASH CONTRIBUTIONS FOR ANY EDUCATIONAL PURPOSE MADE TO A PUBLIC SCHOOL OR TO A SCHOOL DISTRICT OF THE STATE, OR MADE TO THE SCHOOL TRUST FUND; BY AMENDING SECTIONS 12-36-60 AND 12-36-90, BOTH AS AMENDED, RELATING TO THE DEFINITIONS OF "TANGIBLE PERSONAL PROPERTY" AND "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE IMPOSITION OF THE SALES AND USE TAX AND EXEMPTIONS FROM THE SALES TAX, SO AS TO PROVIDE THAT THE SALE OF SOUTH CAROLINA EDUCATION LOTTERY TICKETS IS A SALE OF TANGIBLE PERSONAL PROPERTY GIVING RISE TO GROSS PROCEEDS OF SALES IN THE AMOUNT OF THE TICKET PRICE AND IS SUBJECT TO THE SALES TAX EXCEPT FOR LOCAL SALES TAXES; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON VARIOUS ITEMS OF TANGIBLE PERSONAL PROPERTY, INCLUDING MOTOR VEHICLES, SO AS TO RAISE THE MAXIMUM TAX; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE CERTAIN EXEMPTIONS.l:\council\bills\bbm\10094sj04.doc


S. 1113 -- Senators Fair, Verdin, Thomas and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED IN THE STATE HOUSE AND ON THE STATE HOUSE GROUNDS ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.l:\council\bills\ggs\22561htc04.doc

Senator FAIR spoke on the Bill.

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S. 1114 -- Senator Hutto: A BILL TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN BARNWELL COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.l:\council\bills\dka\3877dw04.doc


S. 1115 -- Senators Matthews, Hutto, Pinckney, Moore and Cromer: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO ADD A NEW SECTION PROHIBITING THE STATE FROM MANDATING, ASSIGNING NEW, EXPANDING OR MODIFYING PROGRAMS OR RESPONSIBILITIES OF SCHOOL DISTRICTS UNLESS FULLY FUNDED BY THE STATE AND TO SPECIFY THAT LOCAL EXPENDITURES BY SCHOOL DISTRICTS OR POLITICAL SUBDIVISIONS ARE NOT TO BE INCURRED BECAUSE OF SUCH PROGRAMS.l:\s-resmin\bills\matthews\smin0083.jwm.doc


S. 1116 -- Senators Land and Leventis: A BILL TO AMEND SECTION 2-65-70 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY EXEMPTING FEDERAL GRANTS AND CONTRACTS WITH AN ANNUAL AWARD OF TWO HUNDRED AND SEVENTY-FIVE THOUSAND DOLLARS FROM INDIRECT COST RECOVERY REQUIREMENTS AND TO INCREASE THE AMOUNT OF THE ANNUAL AWARD EXEMPTED BY FOUR PERCENT ANNUALLY UNTIL THE EXEMPTION REACHES AN ANNUAL AWARD AMOUNT OF FOUR HUNDRED THOUSAND DOLLARS.l:\s-resmin\bills\land\smin0086.jcl.doc


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S. 1117 -- Senators Jackson, Malloy, Hutto, Ford, Anderson, Knotts, Patterson and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 8, TITLE 16 SO AS TO ENACT THE "CRIMINAL STREET GANG PREVENTION ACT", AND TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16 AS ARTICLE 1.l:\council\bills\swb\5963cm04.doc


S. 1118 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE ANY MATTRESS SOLD BY A RETAILER WHICH IS RETURNED BY A CUSTOMER DURING A WARRANTY OR TRIAL PERIOD MUST BE SANITIZED AND POSTED AS A USED MATTRESS BEFORE IT MAY BE RESOLD BY THE RETAILER.l:\council\bills\gjk\21122sd04.doc

Read the first time and referred to the Committee on Medical Affairs.

S. 1119 -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-285 SO AS TO PROVIDE FOR THE ISSUANCE AND USE OF MOTOR VEHICLE STICKERS OR DECALS INDICATING THAT A VEHICLE IS AN INSURED VEHICLE, ESTABLISH A MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR RELATED MATTERS.l:\council\bills\ms\7238dw04.doc

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

S. 1120 -- Senator Moore: A BILL TO AMEND ARTICLE 7, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TO THE ARTICLE RURAL HOSPITALS FOR RECOGNITION AND DESIGNATION AND TO DEFINE RURAL HOSPITALS.l:\s-resmin\bills\moore\smin0088.tlm.doc

Senator MOORE spoke on the Bill.

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Read the first time and, on motion of Senator MOORE, with unanimous consent, S. 1120 was ordered placed on the Calendar without reference.

S. 1121 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-11-355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF HUNTING DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE WITHOUT PERMISSION OF THE OWNER AND OCCUPANT, TO LIMIT THIS OFFENSE TO HUNTING DEER WITH A FIREARM AND TO EXCLUDE BOTH A LANDOWNER AND HIS GUEST FROM THE PROVISION REQUIRING PERMISSION OF THE OWNER AND OCCUPANT OF A RESIDENCE PRIOR TO HUNTING DEER WITHIN THREE HUNDRED YARDS OF A RESIDENCE WHEN THE LANDOWNER AND HIS GUEST ARE HUNTING ON THE LANDOWNER'S PROPERTY.l:\s-res\ckg\029deee.jlp.doc

Read the first time and ordered placed on the Calendar without reference.

S. 1122 -- Senators Thomas, Moore, Gregory, Hutto and Waldrep: A CONCURRENT RESOLUTION TO CONGRATULATE AND MEMORIALIZE PALMETTOPRIDE FOR RECEIVING THE KEEP AMERICA BEAUTIFUL GOLD AWARD AND FOR THE KEEP SOUTH CAROLINA BEAUTIFUL AFFILIATES RECEIVING TWENTY-TWO OTHER NATIONAL AWARDS AND TO DECLARE APRIL TWENTIETH AS PALMETTOPRIDE DAY.l:\council\bills\bbm\10143sj04.doc

The Concurrent Resolution was introduced and referred to the General Committee.

S. 1123 -- Senator Malloy: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND

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STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.l:\council\bills\dka\3868dw04.doc


H. 4600 -- Reps. Townsend, Cooper, Martin, Stille, Thompson and White: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.


H. 4818 -- Reps. Cato, J. H. Neal, Moody-Lawrence, Lloyd, R. Brown, Emory, Mack, Cobb-Hunter, Govan, Chellis, Whipper, Trotter, Cooper, White, Barfield, Harrison, Sandifer, Thompson, McGee, Merrill, W. D. Smith and Huggins: A BILL TO AMEND SECTION 37-2-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CREDIT SALE, SO AS TO PROVIDE THAT A DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; TO AMEND SECTION 37-3-202, RELATING TO ADDITIONAL CHARGES PERMITTED IN CONNECTION WITH A CONSUMER LOAN, SO AS TO INCLUDE OPEN-END CREDIT PURSUANT TO A LENDER CREDIT CARD OR SIMILAR ARRANGEMENT IN CONFORMANCE WITH OTHER PROVISIONS AND TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN, SO AS TO PROVIDE THAT THE DELINQUENCY CHARGE MUST NOT

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BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; AND TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES TO A CONSUMER LOAN, SO AS TO INCLUDE A CONSPICUOUS NOTICE IN CONFORMITY WITH OTHER LAW AND TO MAKE A TECHNICAL CORRECTION.

Read the first time and referred to the Committee on Banking and Insurance.

H. 5021 -- Rep. Duncan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NORTH CREEK BRIDGE ON SOUTH CAROLINA HIGHWAY 72 WEST IN LAURENS COUNTY, THE "CHARLES HAMPTON JOHNSON MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "CHARLES HAMPTON JOHNSON MEMORIAL BRIDGE".

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

H. 5022 -- Reps. Richardson, Kirsh, Simrill, Moody-Lawrence, Emory, Delleney and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE SUTTON ROAD EXIT ON I-77 IN YORK COUNTY IN HONOR OF CHARLES E. POWERS, MAYOR OF THE TOWN OF FORT MILL, IN RECOGNITION OF HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THE CITIZENS OF FORT MILL AND PLACE APPROPRIATE SIGNS OR MARKERS AT THE INTERCHANGE.


H. 5030 -- Rep. Ott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY THAT PASSES THROUGH THE TOWN OF ST. MATTHEWS, THE "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH POINTS WHERE SOUTH CAROLINA

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HIGHWAY 6 CROSSES THE ST. MATTHEWS TOWN LIMIT CONTAINING THE WORDS "T. M. 'BABE' NELSON MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION.


H. 5031 -- Reps. Ceips, Loftis and Witherspoon: A CONCURRENT RESOLUTION DECLARING THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT ALL BEACH QUALITY SAND EXCAVATED WITHIN THE BOUNDARIES OF THIS STATE FOR IMPROVING THE HARBOR CHANNEL AND TURNING BASIN FACILITIES IN THE SAVANNAH RIVER BE TRANSPORTED TO AND USED TO RENOURISH THE PUBLIC BEACHES OF THIS STATE AND TO FURTHER DECLARE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT APPROPRIATE STATE AGENCIES WORK TO PREVENT THE USE OF THIS BEACH QUALITY SAND EXCAVATED IN THIS STATE FROM BEING USED TO RENOURISH GEORGIA BEACHES.

The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

H. 5033 -- Reps. Walker, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

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

H. 5034 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO CONTINUED COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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Read the first time and referred to the Committee on Medical Affairs.

H. 5035 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO LICENSURE EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2898, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5054 -- Reps. Harrison, Limehouse, Lee, Miller and Cooper: A CONCURRENT RESOLUTION TO CONGRATULATE AND MEMORIALIZE PALMETTOPRIDE FOR RECEIVING THE KEEP AMERICA BEAUTIFUL GOLD AWARD AND FOR THE KEEP SOUTH CAROLINA BEAUTIFUL AFFILIATES RECEIVING TWENTY-TWO OTHER NATIONAL AWARDS AND TO DECLARE APRIL TWENTIETH AS PALMETTOPRIDE DAY.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 5065 -- Rep. Delleney: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREAT FALLS "RED DEVILS" BOYS BASKETBALL TEAM AND COACH JOHN SMITH FOR WINNING THE 2004 STATE CLASS A BASKETBALL CHAMPIONSHIP.

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

REPORTS OF STANDING COMMITTEESInvitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the UNIVERSITY OF SOUTH CAROLINA to attend a luncheon at the Carolina Plaza on Wednesday, April 7, 2004, from 12:30 until 2:00 P.M.

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Poll of the Invitations CommitteePolled 11; Ayes 11; Nays 0; Not Voting 0

AYESCourson Matthews PattersonMcGill Alexander PeelerKuhn Reese KnottsO'Dell Elliott

TOTAL--11

NAYS

TOTAL--0


An invitation from the SC MORTGAGE BROKERS ASSOCIATION to attend a reception at Vista Brewing on Tuesday, April 13, 2004, from 6:00 until 8:00 P.M.



TOTAL--11

NAYS

TOTAL--0


An invitation from the DEAN'S ADVISORY COMMITTEE of the COLLEGE OF NURSING at the MEDICAL UNIVERSITY to attend a

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breakfast in Room 221 Blatt Bldg. on Wednesday, April 14, 2004, from 8:00 - 10:00 P.M.


TOTAL--11

NAYS

TOTAL--0


An invitation from the ETV ENDOWMENT OF SC to attend a luncheon at the ETV Communications Center on Wednesday, April 14, 2004, from 12:00 until 1:30 P.M.



TOTAL--11

NAYS

TOTAL--0


An invitation from the SC ASSOCIATION OF MUNICIPAL POWER SYSTEMS to attend a reception at Seawells on Wednesday, April 14, 2004, from 6:00 until 8:00 P.M.

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TOTAL--11

NAYS

TOTAL--0


An invitation from PREVENT CHILD ABUSE OF SC to attend a breakfast in Room 221 Blatt Bldg. on Thursday, April 15, 2004, from 8:00 until 10:00 A.M.



TOTAL--11

NAYS

TOTAL--0


1688


An invitation from the BLUE CROSS BLUE SHIELD OF SC to attend a softball game and picnic at Capital City Bomber’s Stadium on Tuesday, April 20, 2004, from 6:00 until 9:00 P.M.



TOTAL--11

NAYS

TOTAL--0


An invitation from the WIL LOU GRAY OPPORTUNITY SCHOOL to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, April 21, 2004, from 8:00 until 10:00 A.M.



TOTAL--11

NAYS

TOTAL--0

1689



An invitation from the HOSPITALITY ASSN. OF SC to attend a luncheon on the State House grounds on Wednesday, April 21, 2004, from 12:00 until 2:00 P.M.



TOTAL--11

NAYS

TOTAL--0


An invitation from the BILL DUKES and SC JUNIOR GOLF FOUNDATION to attend a reception at the Blue Marlin on Wednesday, April 21, 2004, from 6:00 until 8:00 P.M.



TOTAL--11

NAYS

TOTAL--0

1690



An invitation from the YMCA'S OF SOUTH CAROLINA to attend a breakfast in Room 221 Blatt Bldg. on Thursday, April 22, 2004, from 8:30 until 10:00 A.M.



TOTAL--11

NAYS

TOTAL--0

Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 718 -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, 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.

Ordered for consideration tomorrow.


S. 995 -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-131 SO AS TO PROVIDE THAT THERE IS ESTABLISHED

1691


A NO WAKE ZONE WITHIN ONE THOUSAND FEET OF THE RICHARDSON’S LANDING PUBLIC BOATING FACILITY ON LAKE MOULTRIE IN BERKELEY COUNTY.


Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 3813 -- Reps. M.A. Pitts, Duncan, Mahaffey and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-415 SO AS TO PROVIDE THAT AN AGENCY ENFORCING NATURAL RESOURCES, GAME, FISH, OR BOATING LAWS MUST REPORT CRIMINAL CHARGES MADE AND THEIR DISPOSITION TO THE DEPARTMENT OF NATURAL RESOURCES, AND FURTHER PROVIDE FOR USE OF THE REPORTS BY THE DEPARTMENT.


Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 4591 -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.



H. 4772 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS AND CHRONIC WASTING DISEASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2885, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


1692


H. 4912--Read the Second Time with Notice of General Amendments


H. 4912 -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004.


On motion of Senator McGILL, with unanimous consent, the Joint Resolution was read the second time with notice of general amendments.

Senator COURSON from the Committee on Invitations polled out H. 4984 favorable:

H. 4984 -- Reps. Jennings, Neilson and Freeman: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 2004, AT 12:00 NOON, OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.


AYESCourson Matthews PattersonO’Dell McGill AlexanderPeeler Kuhn ReeseKnotts Elliott

TOTAL--11

1693


NAYS

TOTAL--0

NOT VOTING

TOTAL--0


Message from the HouseColumbia, S.C., March 31, 2004

Mr. President and Senators:The House respectfully informs your Honorable Body that it has

appointed Reps. Edge, Clemmons and Jennings to the Committee of Conference on the part of the House on:

H. 3462 -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.Very respectfully,Speaker of the House

Received as information.

NONCONCURRENCES. 104 -- Senator Mescher: A BILL TO AMEND TITLE 44 OF

THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.

The House returned the Bill with amendments.

1694


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

HOUSE CONCURRENCES. 1107 -- Senator Rankin: A CONCURRENT RESOLUTION TO

COMMEND TELEVISION STATIONS WPDE (CHANNEL 15) AND WWMB (CHANNEL 21) AND BILLY HUGGINS, GENERAL MANAGER OF THESE STATIONS, FOR THEIR CONTRIBUTIONS TO AND ASSISTANCE WITH THE CRIME STOPPERS PROGRAM IN THE GRAND STRAND AND PEE DEE AREAS WHICH HAVE HELPED TO MAKE IT SUCH A SUCCESSFUL PROGRAM.

Returned with concurrence.Received as information.

ORDERED ENROLLED FOR RATIFICATIONThe following Joint Resolutions were read the third time and, having

received three readings in both Houses, were ordered that the titles be changed to that of an Act and enrolled for Ratification:

H. 4942 -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 12, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT NO. 1 WHEN THE SCHOOL WAS CLOSED DUE TO A WATER MAIN BREAK AND SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, RESPECTIVELY, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

By prior motion of Senator PEELER, with unanimous consent

H. 4961 -- Reps. Talley and Lee: A JOINT RESOLUTION TO AMEND ACT 761 OF 1964, RELATING TO THE CREATION OF THE ARKWRIGHT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO ITS BOARD OF FIRE CONTROL WHO BOTH SHALL SERVE FOR A TERM OF SIX YEARS.

On motion of Senator HAWKINS, with unanimous consent

1695


SECOND READING BILLSThe following Joint Resolutions, having been read the second time,

were ordered placed on the Third Reading Calendar:

H. 4917 -- Reps. Taylor, Duncan and M.A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator VERDIN asked unanimous consent to take the Joint Resolution up for immediate consideration.


On motion of Senator VERDIN, with unanimous consent, the Joint Resolution was read the second time.

H. 4917--Ordered to a Third ReadingOn motion of Senator VERDIN, with unanimous consent, H. 4917


H. 4960 -- Reps. Duncan, M.A. Pitts and Taylor: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 56 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Senator VERDIN asked unanimous consent to take the Joint Resolution up for immediate consideration.


On motion of Senator VERDIN, with unanimous consent, the Joint Resolution was read the second time.

1696


H. 4960--Ordered to a Third ReadingOn motion of Senator VERDIN, with unanimous consent, H. 4960


CONSIDERATION INTERRUPTEDS. 356 -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF

TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT’S DRIVER’S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being the concurrence in the House amendments.

Senator KUHN was recognized.

At 3:23 P.M., Senator RYBERG moved under Rule 15A to vote on the entire matter at 3:30 P.M.

Point of OrderSenator McCONNELL raised a Point of Order that the motion under

Rule 15A was out of order inasmuch as four hours of debate on this Bill had not elapsed on this legislative day.

Senator RYBERG spoke on the Point of Order.The PRESIDENT sustained the Point of Order.

Decision of the PRESIDENT UpheldSenator RITCHIE appealed the Decision of the PRESIDENT.

ACTING PRESIDENT PRESIDESAt 3:25 P.M., Senator MARTIN assumed the Chair.

1697


ObjectionSenator RITCHIE asked unanimous consent to make a motion to

withdraw the appeal of the Decision of the PRESIDENT.Senator McCONNELL objected.

The question then was “Shall the Ruling of the President be overridden?”

Senator McCONNELL argued in favor of the Decision of the PRESIDENT.

Senator RICHARDSON argued contra to the Decision of the PRESIDENT.

Senator RITCHIE argued contra to the Decision of the PRESIDENT.Senator HAWKINS spoke on the Decision of the PRESIDENT.Senator THOMAS spoke on the Decision of the PRESIDENT.Senator RYBERG spoke on the Decision of the PRESIDENT.

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

Ayes 11; Nays 31

AYESCourson Giese GregoryHayes Richardson RitchieRyberg Short Smith, J. VerneThomas Waldrep

Total--11

NAYSAlexander Anderson BrantonCromer Elliott FairFord Glover GroomsHawkins Hutto JacksonKnotts Kuhn MalloyMartin Matthews McConnellMcGill Mescher MooreO'Dell Patterson PeelerPinckney Rankin Ravenel

1698


Reese Setzler SheheenVerdin

Total--31

The Senate refused to override the Decision of the PRESIDENT.

PRESIDENT PRESIDESAt 3:40 P.M., the PRESIDENT assumed the Chair.

ObjectionSenator HAWKINS moved that the Senate stand adjourned.Senator MOORE objected.

Senator KUHN argued contra to the concurrence in the House amendments.

ObjectionWith Senator KUHN retaining the floor, Senator FORD asked

unanimous consent to make a motion that the Senate stand adjourned.Senator RYBERG objected.


Point of QuorumAt 4:02 P.M., Senator MALLOY made the point that a quorum was

not present. It was ascertained that a quorum was not present.

Call of the SenateSenator MALLOY moved that a Call of the Senate be made. The

following Senators answered the Call:Alexander Anderson CoursonCromer Elliott FairGiese Glover GroomsHawkins Hayes HuttoJackson Knotts KuhnLand Leatherman MalloyMartin Matthews McConnellMcGill Mescher MooreO'Dell Patterson Peeler

1699


Rankin Reese RichardsonRitchie Ryberg SetzlerSheheen Short Smith, J. VerneThomas Verdin Waldrep



Point of QuorumAt 4:16 P.M., Senator CROMER made the point that a quorum was

not present. It was ascertained that a quorum was not present.

Call of the SenateSenator McCONNELL moved that a Call of the Senate be made.

The following Senators answered the Call:Alexander Courson CromerElliott Fair GieseGlover Grooms HawkinsHayes Hutto JacksonKnotts Kuhn LandLeatherman Malloy MartinMatthews McConnell McGillMescher Moore O'DellPatterson Peeler RankinRavenel Reese RichardsonRitchie Ryberg SetzlerSheheen Short Smith, J. VerneThomas Verdin Waldrep


Recorded PresenceSenator BRANTON recorded his presence subsequent to the Call of

the Senate.

ACTING PRESIDENT PRESIDESAt 4:21 P.M., Senator VERDIN assumed the Chair.

1700



ObjectionWith Senator KUHN retaining the floor, Senator MOORE asked

unanimous consent to make a motion that the Senate stand adjourned.Senator KNOTTS objected.


With Senator KUHN retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Senate stand adjourned.


On motion of Senator MOORE, with unanimous consent, consideration was interrupted by adjournment, with Senator KUHN retaining the floor.

EXECUTIVE SESSIONOn motion of Senator McCONNELL, the seal of secrecy was

removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

LOCAL APPOINTMENTSConfirmations

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

Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 2002, and to expire June 30, 2006

Horry County CouncilJames P. "Pat" Howle, Horry Electric Cooperative, Inc., P. O. Box

119, Conway, S.C. 29528-0119 VICE James R. Madory

Having received a favorable report from the Richland County Delegation, the following appointments were confirmed in open session:

1701



At-LargeRebecca McDuffie Brown, 8 Crosland Lane, Columbia, S.C. 29223


At-LargeGloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205

STATEWIDE APPOINTMENTSConfirmations

Having received a favorable report from the Committee on Agriculture and Natural Resources, the following appointment was confirmed in open session:

Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2002, and to expire June 30, 2006

Mining IndustryJames W. Holmes, US Silica Company, 5263 Edmund Hwy., West

Columbia, S.C. 29170 VICE Randall E. Wallett (resigned)

Having received a favorable report from the Committee on Banking and Insurance, the following appointments were confirmed in open session:

Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2003, and to expire June 30, 2007

SC Bankers Association - BankerH. Blake Gibbons, Jr., The Citizens Bank, 124 Main Street, Olanta,

S.C. 29114

Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence September 30, 2003, and to expire September 30, 2007

At-LargeCharles L. A. Terreni, P. O. Box 11904, Columbia, S.C. 29211 VICE

Willis T. Goodwin

1702


Having received a favorable report from the Committee on Education, the following appointments were confirmed in open session:

Reappointment, South Carolina Department of Archives and History, with term coterminous with Governor

At-LargeWilliam L. Kinney, Jr., P. O. Box 656, Bennettsville, S.C. 29512-

0656

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004

At-LargeDouglas R. Forbes, DMD, P. O. Box 210415, Columbia, S.C. 29221

VICE V. Dianne Chinnes (resigned)

Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2000, and to expire July 1, 2004

At-LargeR. Austin Gilbert, Gilbert Construction Co., P. O. Box 3009,

Florence, S.C. 29502-3009 VICE Carl L. Solomon (resigned)

Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointments were confirmed in open session:

Reappointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 2003, and to expire June 30, 2006

South CarolinaDavid M. Cupka, Department of Natural Resources, P. O. Box

12559, Charleston, S.C. 29422-2559

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006

3rd Congressional DistrictStephen L. Davis, 106 Spruce Court, Greenwood, S.C. 29649 VICE

Julius L. Leary (resigned)

1703


Initial Appointment, South Carolina Forestry Commission, with term to commence June 30, 2004, and to expire June 30, 2010

Public - SenateHarry S. Morrison, Morrison Forestry and Real Estate, P. O. Box

725, Estill, S.C. 29918 VICE J. Kenneth Hill


6th Congressional DistrictJohn P. Evans, C. F. Evans & Co., Inc., P. O. Box 1686, Orangeburg,

S.C. 29116 VICE Daniel Malloy McEachin, Jr. (resigned)

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2004, and to expire July 1, 2008

6th Congressional DistrictJohn P. Evans, C. F. Evans & Co., Inc., P. O. Box 1686, Orangeburg,

S.C. 29116


2nd Congressional DistrictR. Michael Campbell, 217 Hillridge Way, Columbia, S.C. 29229

VICE Benjamin Gregg (resigned)


At-LargeMichael G. McShane, 1501 Ravens Point Rd., Johns Island, S.C.

29455 VICE Danny Ford (resigned)


1st Congressional DistrictT. Smith Ragsdale III, 1298 Debordieu Blvd., Georgetown, S.C.

29440 VICE M. Russell Holliday, Jr. (resigned)

1704


Having received a favorable report from the General Committee, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2001, and to expire May 19, 2005

2nd Congressional DistrictDr. Jullianne S. Kleckley, Eye Associates of Cayce/West Columbia,

600 Knox Abbott Dr., Cayce, SC 29033 VICE Thomas L. Williams

Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor

At-LargeJohn A. Stedman, P. O. Box 3227, Murrells Inlet, S.C. 29576

Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 2004, and to expire May 19, 2008

At-LargeMontye M. DuBose, 41 Manchester Rd., Charleston, S.C. 29407

VICE John Franklin Shuler

Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor

At-LargeJames W. Alford, P. O. Box 6994, Columbia, S.C. 29260-6994

Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2003, and to expire June 30, 2006

5th Congressional DistrictGlenn A. McCall, 1520 Worthington Crossing, Rock Hill, S.C.

29732 VICE John P. Gettys

Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2003, and to expire June 30, 2007

4th Congressional DistrictRuben Garcia Montalvo, Cantinflas, Inc., P. O. Box 1221,

Greenville, S.C. 29602 VICE James E. Talley

1705


Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2000, and to expire May 19, 2007

BerkeleyPaul G. Campbell, Jr., ALCOA, P. O. Box 1000, Goose Creek, S.C.

29445-1000 VICE Julius Barnes (resigned)

Initial Appointment, Maritime Security Commission, with term to commence July 31, 2003, and to expire July 31, 2009

Coast Guard Officer/Capt. of PortCapt. Robert F. Bennett, USCG (retired), Charleston Navigation Co.,

6 Concord St., Charleston, S.C. 29401

Initial Appointment, South Carolina State Ethics Commission, with term to commence May 31, 2001, and to expire May 31, 2005

2nd Congressional DistrictEdward E. Duryea, John Demosthenes Co., LLC., P. O. Box 5292,

Parris Island, S.C. 29905 VICE Earl Brown (resigned)

Reappointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2004, and to expire May 19, 2011

At-Large - ChairmanThomas Graham Edwards, 1618 Dennis Blvd., Moncks Corner, S.C.

29461

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2003, and to expire June 30, 2007

At-LargeMollie D. Taylor, 3618 Sunset Blvd., Suite B, West Columbia, S.C.

29169 VICE Marian Nettles

Initial Appointment, State Advisory Committee on Educational Requirements for Local Government, with term to commence June 30, 2003, and to expire June 30, 2005

CountiesPhilip D. England, Planning and Development Director, 1680

Richland Ave., W., Suite 130, Aiken, SC 29801-3286

1706


Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008

1st Congressional DistrictMarvin D. Infinger, Sinkler and Boyd, P. O. Box 340, Charleston,

S.C. 29402 VICE Jessie D. Griffin (resigned)

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2003, and to expire June 30, 2006

4th Congressional DistrictWillie Albert Thompson, WMUU, 920 Wade Hampton Blvd.,

Greenville, S.C. 29609 VICE Rev. George Ashford

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009

5th Congressional DistrictJames W. Sanders, Bethel Baptist Church, P. O. Box 44, Gaffney,

S.C. 29342 VICE Laura Fleming (deceased)

Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2002, and to expire October 18, 2006

At-LargeTiffany R. Spann-Wilder, 4320 Waterview Circle, North Charleston,

S.C. 29418 VICE Ann S. Timberlake (resigned)

Reappointment, South Carolina Workers Compensation Commission, with term to commence June 30, 2004, and to expire June 30, 2010

At-LargeBryan Lyndon, 3001 Barefoot Trail, Anderson, S.C. 29621

Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointments were confirmed in open session:

Initial Appointment, South Carolina Real Estate Commission, with term to commence June 30, 2003, and to expire June 30, 2007

PublicR. Scott Moseley, Irmo Insurance Agency, Inc., P. O. Box 1047,

Irmo, S.C. 29063 VICE Mackie D. Hayes

1707


Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

Scientist/EngineerDavid M. Peterson, Ph.D., Francis Marion University, P. O. Box

100547, Florence, S.C. 29501-0547 VICE James D. Navratil (resigned)

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2002, and to expire August 15, 2006

At-LargeCharles I. Small, Diversified Development, Inc., P. O. Box 11453,

Columbia, S.C. 29211 VICE Dan J. Rawls

Reappointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 2003, and to expire June 30, 2007

MasterEdwin C. Barnes, Kings Row Hairstyling, 630 Harden Street,

Columbia, S.C. 29205

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2003, and to expire July 27, 2004

1st Congressional DistrictEverard O. Rutledge, Bon Secours Health System, Suite 214, 2097

Henry Tecklenburg Dr., Charleston, S.C. 29414 VICE Chester Duke

Reappointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2004, and to expire July 27, 2008

1st Congressional DistrictEverard O. Rutledge, Bon Secours Health System, Suite 214, 2097

Henry Tecklenburg Dr., Charleston, S.C. 29414

Initial Appointment, Governor's Nuclear Advisory Council, with term coterminous with Governor

At-LargeWilliam J. Mottel, 30 Glenmoor Place, Hilton Head, S.C. 29926

VICE Dr. John J. Stucker (resigned)

1708


Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2002, and to expire June 30, 2006

6th Congressional DistrictJohn C. Curl, P. O. Box 4815, Florence, S.C. 29502

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2004, and to expire August 15, 2008

At-LargeChristopher B. Fraser, Barkleyfraser.com, 1483 Tobias Gadson

Blvd., Suite 109, Charleston, S.C. 29407 VICE Andrew Nick Theodore

Having received a favorable report from the Committee on Medical Affairs, the following appointments were confirmed in open session:

Reappointment, State Board of Pharmacy, with term coterminous with Governor

At-LargeDavid Merz Banks, CVS Pharmacy, 315 West Butler Road, Mauldin,

S.C. 29662

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2003, and to expire June 30, 2007

3rd Congressional DistrictSteven G. Kisner, 248 Willow Lake Drive, Aiken, S.C. 29803 VICE

Louisiana W. Wright

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2003, and to expire June 30, 2007

1st Congressional DistrictEdwin H. Cooper III, 3896 Leeds Ave., Charleston, S.C. 29405

VICE Howard Brilliant

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

Initial Appointment, Executive Director of the Department of Motor Vehicles, with term coterminous with Governor

1709


Marcia S. Adams, S.C. Dept. of Motor Vehicles, 955 Park St., Coumbia, S.C. 29201

MOTION ADOPTEDOn motion of Senator HAYES, with unanimous consent, the

Senate stood adjourned in memory of Mr. Neil Carroll of York County, S.C., beloved uncle of Freddie Munn, Legislative Aide to the Clerk of the Senate.

ADJOURNMENTAt 4:54 P.M., on motion of Senator MOORE, the Senate adjourned

to meet tomorrow at 11:00 A.M.

* * *

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