Indicates Matter Stricken
Indicates New Matter
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:
Beloved, in recent days we have heard messages from our Governor Hodges and from our President of the United States, President George W. Bush. Hear words from the Holy Bible, Genesis 1:1:
"In the beginning God..."
Let us pray.
Our Father, we thank You for the leaders of our State and nation who put their trust in God and they lead us in seeking with all our hearts to be ONE NATION UNDER GOD.
We know that the Jericho Road leads down Main Street in every town and village and throughout the byways of our country.
We pray that You will bless with physical strength, wisdom and spiritual resources, not only our President and Governor, but all who aid in the governments that have rule over us.
Help us, with one voice, to shout:
"Now let us be united and our song be heard.
Now let us be a vessel for God's redeeming Word.
We all are one in mission: we all are one in call,
Our varied gifts united by the God of all."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration:
Document No. 2523
Agency: Department of Revenue
SUBJECT: Sales Tax - Prescription Medicines,
Prosthetic Devices and Hearing Aids
Received by Lieutenant Governor January 23, 2001
Document No. 2561
Agency: Department of Revenue
SUBJECT: Definition of "Facility" for Purposes of
Chapter 37 of Title 12
Received by Lieutenant Governor January 23, 2001
Referred to Finance Committee
Legislative Review Expiration May 23, 2001
Document No. 2562
Agency: Department of Revenue
SUBJECT: Definition of "Facility" for purposes of Chapter
36 of Title 12
Received by Lieutenant Governor January 23, 2001
Referred to Finance Committee
Legislative Review Expiration May 23, 2001
Document No. 2563
Agency: Department of Revenue
SUBJECT: Definition of "Facility" for Purposes of
Chapter 6 of Title 12
Received by Lieutenant Governor January 23, 2001
Referred to Finance Committee
Legislative Review Expiration May 23, 2001
Document No. 2564
Agency: Department of Education
SUBJECT: Accreditation Criteria
Received by Lieutenant Governor January 23, 2001
Referred to Education Committee
Legislative Review Expiration May 23, 2001
Senator COURSON introduced Dr. March Seabrook of West Columbia, S.C., Doctor of the Day.
On motion of Senator GIESE, the leave of absence which was granted to him for today was rescinded.
The following were introduced:
S. 175 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW UP TO NINETY DAYS OF A MEMBER'S UNUSED SICK LEAVE TO BE USED TO QUALIFY FOR THE CREDITED SERVICE REQUIREMENTS FOR SERVICE RETIREMENT.
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Read the first time and referred to the Committee on Finance.
S. 176 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RAY G. SMITH, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 2:00 P.M. ON WEDNESDAY, FEBRUARY 28, 2001.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 177 (Word version) -- Senators McConnell, Passailaigue, Patterson, Land, Matthews, Ravenel, Hutto and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A
Read the first time and referred to the Committee on Judiciary.
S. 178 (Word version) -- Senators Jackson and Glover: A BILL TO AMEND CHAPTER 1, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES AND MISDEMEANORS, BY ADDING SECTION 16-1-130 SO AS TO PROVIDE FOR AN INCREASE IN THE PENALTY FOR AN UNDERLYING OFFENSE IF THE OFFENDER INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE CRIME IS COMMITTED OR SELECTS THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE CRIME IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, ANCESTRY, RELIGION, GENDER, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE ACTOR'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS A STATUTORY AGGRAVATING CIRCUMSTANCE A MURDER IN WHICH THE OFFENDER INTENTIONALLY SELECTED THE MURDERED PERSON IN
Read the first time and referred to the Committee on Judiciary.
S. 179 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 33 SO AS TO PROVIDE FOR THE SOUTH CAROLINA INDIAN AFFAIRS COMMISSION, AND TO PROVIDE FOR ITS PURPOSE, MEMBERSHIP, AND DUTIES.
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Read the first time and referred to the Committee on Judiciary.
S. 180 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2001.
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Read the first time and referred to the Committee on Judiciary.
S. 181 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-630, SO AS TO PROVIDE THAT A HOLDER OF A RETAIL PERMIT AUTHORIZING SALES OF BEER OR WINE FOR OFF-PREMISES CONSUMPTION MAY DELIVER BEER OR WINE IN A SEALED CONTAINER TO A PERSON AGED TWENTY-ONE OR OLDER UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.
S. 182 (Word version) -- Senators Hawkins, Ritchie and Reese: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A COUNTY DETENTION FACILITY OFFICER IS A STATUTORY AGGRAVATING CIRCUMSTANCE.
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Read the first time and referred to the Committee on Judiciary.
S. 183 (Word version) -- Senators Hayes, Elliott, Thomas, Ritchie, Martin, Jackson, Richardson, Verdin, Mescher, Grooms, Branton and McGill: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR SALE IN CONTAINERS OF
Read the first time and referred to the Committee on Judiciary.
S. 184 (Word version) -- Senators Hayes, Elliott, Thomas, Ritchie, Martin, Jackson, Richardson, Verdin, Mescher, Grooms, Branton and McGill: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXES, BY ADDING SECTION 12-36-925, SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2000-2001; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" AND "ALCOHOLIC BEVERAGES BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600 AND SECTION 61-6-1610, RELATING TO NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, BOTH SO AS TO DELETE THE AUTHORIZATION TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, TO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE
Read the first time and referred to the Committee on Judiciary.
S. 185 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO ELIMINATE THE FIVE-YEAR PRACTICE REQUIREMENT FOR A NONRESIDENT TO BE LICENSED AS AN EMBALMER OR FUNERAL DIRECTOR IN THIS STATE AND TO ESTABLISH QUALIFICATIONS FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND A CREMATORY; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 186 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO REQUIRE A PHARMACIST TO ONLY CHARGE MEDICAID PRESCRIPTION RATES, PLUS A DISPENSING FEE, WHEN FILLING PRESCRIPTIONS FOR PERSONS RECEIVING MEDICARE BENEFITS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 187 (Word version) -- Senators Rankin and Short: A BILL TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT A CHILD FOUR YEARS OF AGE OR MORE WHO CANNOT SIT WITH THEIR BACKS STRAIGHT AGAINST THE VEHICLE SEAT BACK CUSHION WITH KNEES BENT OVER A VEHICLE'S SEAT EDGE MUST BE SECURED BY A BELT-POSITIONING BOOSTER SEAT PRESCRIBED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
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Read the first time and referred to the Committee on Transportation.
S. 188 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERM LIMITATIONS ON DEPARTMENT OF TRANSPORTATION COMMISSIONERS, SO AS TO AUTHORIZE A COMMISSIONER TO SERVE TWO TERMS AND REQUIRE THE SELECTION OF A NEW COMMISSIONER FROM ANOTHER
Read the first time and referred to the Committee on Transportation.
S. 189 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF WOODRUFF ROAD FROM THE I-85 INTERCHANGE TO THE I-385 INTERCHANGE IN GREENVILLE COUNTY AS THE "TROOPER FIRST CLASS ERIC F. NICHOLSON MEMORIAL HIGHWAY" IN MEMORY OF TROOPER FIRST CLASS ERIC F. NICHOLSON WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S. 190 (Word version) -- Senators Grooms and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-210 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY A COUNTY'S LEGISLATIVE DELEGATION BEFORE THE DEPARTMENT CLOSES A BRIDGE OR ROAD FOR REPAIRS THAT WILL NOT BE COMPLETED WITHIN A THIRTY-DAY PERIOD.
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Read the first time and referred to the Committee on Transportation.
H. 3140 (Word version) -- Reps. Wilkins, Harrison, Walker, Campsen, Coates and Altman: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2001.
Read the first time and referred to the Committee on Judiciary.
H. 3282 (Word version) -- Reps. Townsend, Neilson, Jennings, Harrison, McLeod and Scott: A BILL TO AMEND ACT 387 OF 2000, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2000-2001, BY AMENDING PART 1B (TEMPORARY
Read the first time and ordered placed on the Calendar without reference.
H. 3284 (Word version) -- Reps. Littlejohn and W.D. Smith: A BILL TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CONVERSE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DISTRICT'S BORROWING LIMIT FROM TWENTY THOUSAND DOLLARS TO EIGHT HUNDRED FIFTY THOUSAND DOLLARS.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 3291 (Word version) -- Reps. Delleney and W.D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 7, 2001, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM
The Concurrent Resolution was introduced and, on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Calendar without reference.
H. 3305 (Word version)--Rep. Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. LARRY K. RAYNES, PASTOR OF PLEASANT VIEW BAPTIST CHURCH IN TAYLORS, FOR HIS THIRTY YEARS OF DEDICATED SERVICE TO HIS CONGREGATION AND THE COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
H. 3188 (Word version) -- Reps. W.D. Smith, Allison, Davenport, Lee, Littlejohn, Sinclair, Talley, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE FEBRUARY 13, 2001, AS "SPARTANBURG COUNTY DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 174 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 7, 2001, AS THE TIME TO ELECT JUDGES TO CERTAIN SEATS OF THE COURT OF APPEALS; TO ELECT JUDGES TO VARIOUS CIRCUITS AND SEATS OF THE CIRCUIT COURT; TO ELECT JUDGES TO VARIOUS CIRCUITS AND SEATS OF THE FAMILY COURT; AND TO ELECT A JUDGE FOR THE ADMINISTRATIVE LAW JUDGE DIVISION. (ABBREVIATED TITLE)
The Concurrent Resolution was adopted, ordered sent to the House.
At 12:25 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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