South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Tuesday, December 10, 2002
(Extra Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, the Psalmist sang in Psalm 119:105

"The Lord exists forever;

Your word is firmly fixed in heaven...

Your Word is a lamp to my feet and a

light to my path."
Let us pray.

Our Father, You put the stars and the sun in space. You know the fall of every bird. You are concerned about the welfare of every child to whom You have given the "breath of life."

Lord God, You have made us Your servants. We are Your slaves!

You have put us in the seats of power in our State and nation. We know that decision-time has come.

Please, Lord, guide the House, the Senate, our Governor... and their supporting staffs... that, reasoning together, the right decisions may be made at this crisis time, so that our Ship-of-State may move forward to better times -- and better seas!

Amen.

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

COMMUNICATION
State of South Carolina
State Budget and Control Board
Office of the Executive Director
P. O. Box 1244
Columbia, SC 29211
December 10, 2002

The Honorable Robert L. Peeler
President, The Senate
The State House
Columbia, SC 29202

Dear Mr. President:

This is to advise that the State Budget and Control Board, at its meeting on December 10, 2002, pursuant to Proviso 63.25 of the FY 2002-03 Appropriation Act, approved a 4.5% general fund mid-year reduction of all agencies and .5% sequestration totaling $246,593,525, except where prohibited by proviso, with the funds to be sequestered in special accounts established by the Comptroller General. To the extent that general fund revenue receipts exceed general fund appropriations, sequestered funds could be released back to the agencies. The board also approved a reduction of the Local Government Fund to the funding received in FY 2001-02 pursuant to Code Section 6-27-20 of the South Carolina Code of Laws.

In accord with Proviso 63.25 of the FY 2002-03 Appropriation Act and Code Section 6-27-20, the board directed that you be notified of these findings.

Sincerely,
/s/ Frank W. Fusco

cc:   Senator Hugh K. Leatherman, Sr.

Mr. James A. Lander, Comptroller General

Les Boles

Received as information.

Presentation

On motion of Senator FAIR, with unanimous consent, Chaplain Meetze presented a Bible to Senator MALLOY.

MOTION ADOPTED

Senator McCONNELL asked unanimous consent to make a motion under the provisions of Rule 1B that, when the Senate adjourns today, it stand adjourned to meet Wednesday, December 11, 2002, at the time and subject to the limitations set forth in Rule 1B;

and further, that, when the Senate stands adjourned on Wednesday, December 11, 2002, it stand adjourned to meet on Thursday, December 12, 2002, at the time and subject to the limitations set forth in Rule 1B;

and further, that, when the Senate stands adjourned on Thursday, December 12, 2002, it stand adjourned to meet on Friday, December 13, 2002, at the time and subject to the limitations set forth in Rule 1B;

and further, that, when the Senate stands adjourned on Friday, December 13, 2002, it stand adjourned to meet on Monday, December 16, 2002, at the time and subject to the limitations set forth in Rule 1B;

and further, that, when the Senate stands adjourned on Monday, December 16, 2002, it stand adjourned to meet on Tuesday, December 17, 2002, at the time and subject to the limitations set forth in Rule 1B;

and further, that, when the Senate stands adjourned on Tuesday, December 17, 2002, it stand adjourned to meet on Wednesday, December 18, 2002, at the time and subject to the limitations set forth in Rule 1B;

and, that, when the Senate stands adjourned on Wednesday, December 18, 2002, it stand adjourned Sine Die from the Extra Session.

There was no objection and the motion was adopted.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 4 (Word version) -- Senators McConnell, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO MR. KENNETH A. DAVIS OF COLUMBIA, STAFF COUNSEL OF THE SENATE JUDICIARY COMMITTEE, FOR HIS DISTINGUISHED PUBLIC SERVICE ON THE OCCASION OF HIS DEPARTURE FROM THE SENATE AND WISHING HIM GOOD HEALTH, HAPPINESS, AND SUCCESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 5 (Word version) -- Senators McConnell, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO MRS. ERIN CRAWFORD OF COLUMBIA, STAFF COUNSEL OF THE SENATE JUDICIARY COMMITTEE, FOR HER DISTINGUISHED PUBLIC SERVICE ON THE OCCASION OF HER DEPARTURE FROM THE SENATE AND WISHING HER GOOD HEALTH, HAPPINESS, AND SUCCESS IN HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

H. 3176 (Word version) -- Reps. 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, Easterday, 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, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. 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 EXTEND BEST WISHES TO DEVOTED EDUCATOR AND VOLUNTEER, MARY R. HARDY, OF COLUMBIA ON THE OCCASION OF HER SEVENTIETH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF HEALTH AND HAPPINESS.
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The Concurrent Resolution was adopted, ordered returned to the House.

H. 3178 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. REBECCA JENKINS SMALLS MIDDLETON OF EUTAWVILLE, SOUTH CAROLINA, ON THE REMARKABLE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.
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The Concurrent Resolution was adopted, ordered returned to the House.

H. 3179 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO CONGRATULATE THE REVEREND F. KEITH SLAUGHTER ON HIS INSTALLATION AS PASTOR OF THE HISTORIC FRIENDSHIP AFRICAN BAPTIST CHURCH OF AIKEN COUNTY ON DECEMBER 8, 2002, AND TO WISH HIM AND HIS CHURCH GROWTH IN NUMBERS AND GOD'S GRACE.
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The Concurrent Resolution was adopted, ordered returned to the House.

MOTION ADOPTED

On motion of Senators PEELER, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, KNOTTS, KUHN, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN, and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of former Senator JOSEPH HOLMES HALL of Cherokee County, S.C., who served from 1943-1946. Senator HALL, who passed away on December 7, 2002, was an attorney, former Cherokee County Treasurer, and the beloved father of Family Court Judge Stuart Hall.

ADJOURNMENT

At 2:27 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow, December 11, 2002, at 11:00 A.M., subject to the provisions of the Rule 1B motion.

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