South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate

Printed Page 53 . . . . . Wednesday, January 9, 2002

Wednesday, January 9, 2002
(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, hear the Psalmist in Psalm 90, verse 12:

"So teach us to count our days that we may gain a wise heart."
Let us pray.

Father, this business of government has been declared an art!

Even Shakespeare said,

"There is a tide in the affairs of men,

Which, taken at the flood, leads on to fortune;

Omitted, all the voyage of their life

Is bound in shallows, and in miseries:

And we must take the current when it serves,

Or lose our ventures."

But, somehow, as we struggle with the priority and timing of our issues, we feel that the Psalmist said it best. So we pray with the Psalmist:

"So teach us to count our days that we may gain a wise heart."
Amen.

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

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2657
Agency: Department of Natural Resources
50-11-335, 50-11-350, 50-11-390, 50-11-430, 50-11-500, 50-11-520, 50-11-530, 50-11-854, and 50-11-2200
SUBJECT: Seasons, Limits, Methods of Take and Special Use Restrictions on WMA's
Received by Lieutenant Governor January 9, 2002

Printed Page 54 . . . . . Wednesday, January 9, 2002
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration May 8, 2002

Document No. 2660
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Licensing Hospices
Received by Lieutenant Governor January 9, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration May 8, 2002

Document No. 2661
Agency: Department of Health and Environmental Control
SUBJECT: State Primary Drinking Water
Received by Lieutenant Governor January 9, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration May 8, 2002

Document No. 2671
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Wastewater Facility Construction
Received by Lieutenant Governor January 9, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration May 8, 2002

Document No. 2685
Agency: Department of Natural Resources
SUBJECT: Real Property Owned by the Department
Received by Lieutenant Governor January 9, 2002
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration May 8, 2002

REGULATION WITHDRAWN

The following was received:

Document No. 2564
Agency: Department of Education
SUBJECT: Accreditation Criteria
Received by Lieutenant Governor January 23, 2001
Referred to Education Committee
Senate Education Committee Requested Withdrawal
May 3, 2001

Printed Page 55 . . . . . Wednesday, January 9, 2002
120 Day Period Tolled
Withdrawn and Resubmitted May 22, 2001
Committee Request Withdrawal May 31,2001
120 Day Period Tolled
Permanently Withdrawn January 9, 2002

Doctor of the Day

Senator GREGORY introduced Dr. Duren Johnson of Lancaster, S.C., Doctor of the Day.

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

RECOMMITTED

H. 3479 (Word version) -- Reps. W.D. Smith, Sandifer, Edge, J.E. Smith, Allison, Altman, Bales, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Coleman, Davenport, Fleming, Govan, Harvin, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Law, Lee, Limehouse, Lloyd, Lourie, Mack, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Ott, Quinn, Rodgers, Rutherford, Scott, Sharpe, F.N. Smith, J.R. Smith, Snow, Talley, Taylor, Townsend, Vaughn, Weeks, Whatley, Whipper, Wilder, Witherspoon, A. Young, Knotts and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE THAT ANY MANUFACTURER, BREWER, OR IMPORTER OF BEER OR ITS AFFILIATE MAY HOLD AN INTEREST IN A LIMITED PARTNERSHIP PROVIDING FINANCIAL ASSISTANCE TO A GENERAL PARTNER WHOLESALER UNDER CERTAIN CONDITIONS, RESTRICTIONS, AND LIMITATIONS.

Senator LEVENTIS asked unanimous consent to make a motion to proceed to a consideration of the Bill.

There was no objection.

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

Printed Page 56 . . . . . Wednesday, January 9, 2002

Senator LEVENTIS asked unanimous consent to recommit the Bill to the Committee on Judiciary.

There was no objection. The Bill was recommitted to the Committee on Judiciary.

RECOMMITTED

H. 3907 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TENDER OR INTERCHANGE OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT IF THE EQUIPMENT PROVIDER FOR CERTAIN OUT-OF-SERVICE VEHICLES FAILS TO REIMBURSE THE MOTOR CARRIER OPERATOR FOR FINES AND PENALTIES INCURRED PURSUANT TO THE VEHICLE'S OUT-OF-SERVICE ORDER WITHIN THIRTY DAYS OF A CONVICTION FOR VIOLATING A ROADSIDE INSPECTION, THEN THE MOTOR CARRIER OPERATOR HAS A CIVIL CAUSE OF ACTION AGAINST THE EQUIPMENT PROVIDER, TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ARE NOT INTENDED TO ELIMINATE THE RESPONSIBILITY AND OBLIGATION OF A MOTOR CARRIER AND OPERATOR TO MAINTAIN AND OPERATE VEHICLES IN ACCORDANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS AND ALL STATE AND LOCAL LAWS, AND TO PROVIDE THAT ANY PROVISION CONTAINED IN AN INTERMODAL INTERCHARGE CONTRACT PROVIDING FOR A HOLD HARMLESS OR INDEMNITY AGREEMENT, OR BOTH, BETWEEN THE MOTOR CARRIER OPERATOR AND THE TENDERER OR OWNER OF A VEHICLE, CONTRARY TO ANY PROVISION OF THIS SECTION IS VOID.

Senator RYBERG asked unanimous consent to make a motion to proceed to a consideration of the Bill.

There was no objection.

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

Senator RYBERG asked unanimous consent to recommit the Bill to the Committee on Transportation.

Printed Page 57 . . . . . Wednesday, January 9, 2002

There was no objection. The Bill was recommitted to the Committee on Transportation.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.
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Read the first time and referred to the Committee on Finance.

S. 853 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT POLICIES PROHIBITING SCHOOL PERSONNEL FROM RECOMMENDING THE USE OF PSYCHOTROPIC DRUGS AND TO PROVIDE THAT THE REFUSAL OF A PARENT TO ADMINISTER PSYCHOTROPIC DRUGS IS NOT, IN AND OF ITSELF, GROUNDS TO TAKE THE CHILD INTO CUSTODY UNLESS THE REFUSAL CAUSES THE CHILD TO BE NEGLECTED OR ABUSED.
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Read the first time and referred to the Committee on Judiciary.

S. 854 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE A MORATORIUM UNTIL JUNE 30, 2003, ON THE CERTIFICATION OF ANY MAJOR UTILITY FACILITY NOT CONSTRUCTED BY A UTILITY CURRENTLY SERVING RETAIL CUSTOMERS IN SOUTH CAROLINA AND THAT DOES NOT HAVE AT LEAST SEVENTY-FIVE PERCENT OF ITS GENERATION CAPACITY UNDER A CONTRACT WITH A

Printed Page 58 . . . . . Wednesday, January 9, 2002
DURATION OF AT LEAST TEN YEARS WITH UTILITIES WHICH PROVIDE RETAIL ELECTRIC SERVICE TO CUSTOMERS IN SOUTH CAROLINA, TO PROVIDE EXCEPTIONS TO THE ABOVE MORATORIUM, AND TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL CONDUCT A STUDY OF THE NEEDS FOR THE SITING AND CONSTRUCTION OF THESE MERCHANT PLANTS.
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Read the first time and referred to the Committee on Judiciary.

S. 855 (Word version) -- Senators Leatherman, Grooms, Giese, Ryberg, Hayes, McGill, O'Dell and Elliott: A JOINT RESOLUTION TO CREATE A FARMERS MARKET RELOCATION OVERSIGHT COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING THE SITE SELECTION FOR AND FUNDING, PLANNING, AND CONSTRUCTION OF A NEW COLUMBIA STATE FARMERS MARKET FACILITY; TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE; AND TO REQUIRE THE COMMITTEE TO REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AT WHICH TIME THE COMMITTEE IS ABOLISHED.
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Senator LEATHERMAN spoke on the Resolution.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 856 (Word version) -- Senators Martin, McConnell, Leatherman, Gregory, Giese, Ravenel, Alexander, Hayes, Thomas, Grooms, Richardson, Verdin, Land, Setzler and Waldrep: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO

Printed Page 59 . . . . . Wednesday, January 9, 2002
ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.
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Senator MARTIN spoke on the Bill.

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

S. 857 (Word version) -- Senators McConnell, Moore, Drummond, Leatherman, Alexander, Anderson, Bauer, Branton, Courson, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leventis, Martin, Matthews, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A BILL TO ENACT THE SOUTH CAROLINA HOMELAND SECURITY ACT SO AS TO PROMOTE THE SECURITY OF SOUTH CAROLINIANS IN THEIR ENJOYMENT OF LIFE AND LIBERTY AND IN THE PROTECTION OF THEIR PROPERTY.
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Senator McCONNELL spoke on the Bill.

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

S. 858 (Word version) -- Senator Ford: A JOINT RESOLUTION TO DISSOLVE THE CHARLESTON NAVAL BASE REDEVELOPMENT AUTHORITY AND DEVOLVE ITS POWERS, DUTIES, AND ASSETS AS PROVIDED IN CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, UPON THE CITY OF NORTH CHARLESTON.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4446 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Carnell, Fleming, Harrell, Harrison, Kelley, Meacham-Richardson, Sharpe, Townsend and Vaughn: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON

Printed Page 60 . . . . . Wednesday, January 9, 2002
WEDNESDAY, JANUARY 16, 2002, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

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

H. 4448 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. LOMAS GIST, SR. OF COLUMBIA ON THE OCCASION OF HIS UPCOMING EIGHTIETH BIRTHDAY AND WISHING FOR HIM MANY HAPPY AND HEALTHY RETURNS OF THE DAY.

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

H. 4449 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller,

Printed Page 61 . . . . . Wednesday, January 9, 2002
Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND WILLIAM BARNET III OF SPARTANBURG, FOR HIS OUTSTANDING CONTRIBUTIONS TO BUSINESS, THE TEXTILE INDUSTRY, CIVIL AFFAIRS, AND EDUCATION IN SOUTH CAROLINA, AND ESPECIALLY FOR HIS LEADERSHIP AND CONTRIBUTION TO EDUCATION AS CHAIRMAN OF THE EDUCATION OVERSIGHT COMMITTEE, AND TO EXTEND TO HIM EVERY GOOD WISH IN ALL OF HIS FUTURE ENDEAVORS AND AS MAYOR OF SPARTANBURG.

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

H. 4450 (Word version) -- Reps. Wilkins, W.D. Smith, Harrison, Cato, Harrell and Quinn: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING CONTRIBUTIONS OF PRESIDENT RONALD WILSON REAGAN TO HIS COUNTRY AND THE CAUSE OF FREEDOM DURING TWO TERMS AS PRESIDENT OF THE UNITED STATES AND DECLARE FEBRUARY 6, 2002, AND EACH SUBSEQUENT YEARLY ANNIVERSARY OF FEBRUARY SIXTH THEREAFTER, AS "RONALD REAGAN DAY" IN SOUTH CAROLINA.

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

H. 4451 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DELORIS C. WILMORE OF CHESTER COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE AND VITAL CONTRIBUTIONS AS AN EMPLOYEE OF THE DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN THE YEARS TO COME.

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

Printed Page 62 . . . . . Wednesday, January 9, 2002

H. 4452 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE GLENDA H. REEVES OF CHESTER COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE AS A DILIGENT AND EFFECTIVE EMPLOYEE OF THE DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN THE YEARS TO COME.

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

H. 4453 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO COMMEND DR. PETER GEORGE MANOS OF GREENVILLE COUNTY FOR HIS MANY YEARS OF FAITHFUL AND TIRELESS WORK IN THE FIELD OF MEDICINE AND FOR HIS HUMANITARIAN SERVICE TO HIS COUNTRY, THE STATE OF SOUTH CAROLINA, AND HIS COMMUNITY.

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

H. 4462 (Word version) -- Reps. Limehouse, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION CONGRATULATING THE GAMECOCK FOOTBALL TEAM OF THE UNIVERSITY OF SOUTH CAROLINA AND HEAD COACH LOU HOLTZ AND HIS COACHING STAFF ON WINNING THE 2002 OUTBACK BOWL

Printed Page 63 . . . . . Wednesday, January 9, 2002
IN TAMPA, FLORIDA, AND COMMENDING THE TEAM AND COACHES FOR THEIR OTHER SUCCESSES.

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

H. 4477 (Word version) - Reps. Lourie, Cotty, Bales, J. Brown, Harrison, Howard, J. H. Neal, Quinn, Rutherford, Scott, J. E. Smith: A CONCURRENT RESOLUTION CONGRATULATING DR. STEPHEN W. HEFNER OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING NAMED SOUTH CAROLINA SUPERINTENDENT OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS AND EXTENDING SINCERE APPRECIATION FOR HIS OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.

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

Message from the House

Columbia, S.C., January 8, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 70 to 45:

H. 3687 - GENERAL APPROPRIATION ACT

Veto #29. Part 1B, Section 24, Page 396, Proviso 24.13

Very respectfully,
Speaker

Message from the House

Columbia, S.C., January 8, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 67 to 46:

Printed Page 64 . . . . . Wednesday, January 9, 2002

H. 3687 - GENERAL APPROPRIATION ACT

Veto #30. Part 1B, Section 36, Page 408, Proviso 36.18

Very respectfully,
Speaker

Message from the House

Columbia, S.C., January 8, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 62 to 42:

H. 3687 - GENERAL APPROPRIATION ACT

Veto #31. Part 1B, Section 37, Page 411, Proviso 37.21

Very respectfully,
Speaker

Message from the House

Columbia, S.C., January 8, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 65 to 44:

H. 3687 - GENERAL APPROPRIATION ACT

Veto #32. Part 1B, Section 63, Page 448, Proviso 63D.5

Very respectfully,
Speaker

Message from the House

Columbia, S.C., January 8, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 66 to 47:

Printed Page 65 . . . . . Wednesday, January 9, 2002

H. 3687 - GENERAL APPROPRIATION ACT

Veto #33. Part 1B, Section 64, Page 453, Proviso 64.14

Very respectfully,
Speaker

Message from the House

Columbia, S.C., January 8, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 66 to 42:

H. 3687 - GENERAL APPROPRIATION ACT

Veto #34. Part 1B, Section 1, Page 347, Proviso 1.64

Very respectfully,
Speaker

Message from the House

Columbia, S.C., January 8, 2002

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.147, H. 3687 by a vote of 61 to 39:

H. 3687 - GENERAL APPROPRIATION ACT

Veto #42. Part 1B, Section 32, Page 402, Proviso 32.10

Very respectfully,
Speaker

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ADOPTED

S. 744 (Word version) -- Senators Ryberg, Gregory and Thomas: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF CORRECTIONS TO COORDINATE THE USE OF INMATE LABOR TO PICK UP LITTER FROM HIGHWAY

Printed Page 66 . . . . . Wednesday, January 9, 2002
RIGHTS-OF-WAY AND REGULAR MOWING MAINTENANCE OF HIGHWAY RIGHTS-OF-WAY.

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

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

S. 743 (Word version) -- Senators Bauer and Wilson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "PROJECT PET" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.

Senators FAIR and BAUER spoke on the Bill.

MINORITY REPORT REMOVED

H. 3107 (Word version) -- Reps. Huggins, W.D. Smith, Knotts and Bingham: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, TO PROVIDE THAT MAGISTRATES HAVE CONCURRENT JURISDICTION OF INTERPLEADER ACTIONS FILED OVER CLAIMS OF DISPUTED REAL ESTATE EARNEST MONEY; AND TO ADD SECTION 22-3-15 PROVIDING, NOTWITHSTANDING ANY RULE OF COURT OR PROVISION OF LAW, THAT INTERPLEADER ACTIONS ARISING FROM REAL ESTATE EARNEST MONEY DISPUTES WHICH DO NOT EXCEED THE JURISDICTIONAL LIMIT OF MAGISTRATES COURT MAY BE FILED IN THAT COURT, TO PROVIDE SUBSTANTIALLY THE FORM AND WORDING OF THE INTERPLEADER PLEADING TO BE USED IN REAL ESTATE EARNEST MONEY DISPUTES IN MAGISTRATES COURT, AND TO PROVIDE THAT THE FAILURE OF A COMPETING CLAIMANT TO RECOVER IN AN INTERPLEADER ACTION MUST NOT BE CONSIDERED A JUDGMENT AGAINST

Printed Page 67 . . . . . Wednesday, January 9, 2002
THE CLAIMANT OR USED TO IMPAIR THE CREDIT OF THE CLAIMANT.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator HOLLAND asked unanimous consent to remove the minority report on the Bill.

There was no objection.

OBJECTION

S. 173 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.

Senator HUTTO objected to consideration of the Bill.

CARRIED OVER

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION 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 CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED,

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RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; 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 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.

On motion of Senator ALEXANDER, with unanimous consent, the Bill was carried over.

H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A

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BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO HOLDS A BEGINNER'S PERMIT MAY OPERATE A VEHICLE DURING A DAY AND BEFORE HE IS ELIGIBLE FOR FULL LICENSURE, TO REVISE WHO MUST ACCOMPANY THE PERMITTEE WHILE HE IS DRIVING, TO MAKE CERTAIN TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT DEFINES "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST COMPLETE AT LEAST FORTY HOURS OF DRIVING PRACTICE BEFORE HE MAY BE ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO RESTRICT THE NUMBER OF PERSONS UNDER TWENTY-ONE A PROVISIONAL DRIVER'S LICENSE HOLDER MAY TRANSPORT; TO AMEND SECTION 56-1-176, RELATING TO THE CONDITIONS A PERSON MUST MEET BEFORE HE IS ISSUED A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT THESE CONDITIONS ALSO MUST BE MET BEFORE A PERSON IS ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD A PERSON MUST HOLD A BEGINNER'S PERMIT BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A PERSON MUST PASS A DRIVER'S EDUCATION COURSE, COMPLETE AT LEAST THIRTY HOURS OF DRIVING PRACTICE, AND SATISFY CERTAIN SCHOOL ATTENDANCE REQUIREMENTS BEFORE HE MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO RESTRICT THE NUMBER OF PERSONS LESS THAN TWENTY-ONE WHO MAY BE TRANSPORTED BY A SPECIAL RESTRICTED DRIVER'S LICENSE HOLDER, TO DEFINE "DRIVER'S TRAINING COURSE", TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST ACCEPT A CERTIFICATE OF COMPLETION FROM A STUDENT WHO HAS PASSED A QUALIFIED DRIVER'S TRAINING COURSE WHILE ATTENDING AN OUT-OF-STATE HIGH SCHOOL, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH PROCEDURES FOR APPROVING QUALIFIED DRIVER'S
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TRAINING COURSES FOR OUT-OF-STATE STUDENTS.

On motion of Senator SETZLER, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J.E. Smith, Rivers, Weeks and Rhoad: 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 MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN

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APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.

Senator McCONNELL moved that the Bill be made a Special Order, not to be taken up for consideration before Wednesday, January 23, 2002.

Senator McCONNELL spoke on the motion.

Senator THOMAS spoke on the motion.

The Bill was made a Special Order, not to be taken up for consideration before Wednesday, January 23, 2002.

RECOMMITTED

S. 550 (Word version) -- Senator Waldrep: A BILL TO AMEND CHAPTER 1, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION ENACTING THE "SOUTH CAROLINA CAROLINA BAYS PROTECTION ACT" BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR THE PROTECTION, CONSERVATION, AND MANAGEMENT OF NONCONTIGUOUS WETLANDS WHICH ARE ISOLATED WETLANDS HAVING NO SURFACE WATER CONNECTION TO OTHER STATE WATERS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS ESTABLISHING A NONCONTIGUOUS WETLANDS PERMITTING PROCESS, AND TO EXEMPT CERTAIN ACTIVITIES FROM REQUIRING A PERMIT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS IN THE "POLLUTION CONTROL ACT", SO AS TO INCLUDE WETLANDS, CAROLINA BAYS, POCOSINS, BOGS, FENS, WET DEPRESSIONS, VERNAL POOLS, AND GUM PONDS IN THE DEFINITION OF "WATERS OF THE STATE" AND TO DEFINE "WETLANDS" AND "NONCONTIGUOUS WETLANDS"; TO AMEND SECTION 48-1-50, RELATING TO THE POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, SO AS TO INCLUDE THE AUTHORITY TO ISSUE PERMITS FOR DRAINAGE, EXCAVATING, OR CONSTRUCTING ON WETLANDS; AND TO DESIGNATE SECTIONS 48-1-10 THROUGH 48-1-350 AS ARTICLE 1 OF CHAPTER 1, TITLE 48

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ENTITLED THE "POLLUTION CONTROL ACT" AND TO RENAME CHAPTER 1 OF TITLE 48 AS "POLLUTION CONTROL AND WETLANDS PROTECTION".

Senator MARTIN moved to recommit the Bill to the Committee on Agriculture and Natural Resources, and when the Bill is reported out of Committee, it would be placed on the Second Reading Calendar.

Senator LEVENTIS spoke on the motion.

Parliamentary Inquiry

Senator LEVENTIS made a Parliamentary Inquiry that, if the motion were to prevail, where would the Bill be on the Calendar when it returned?

The PRESIDENT stated that, when the Bill was returned to the Calendar, it would be placed at the end of the Second Reading Calendar.

Parliamentary Inquiry

Senator HUTTO made a Parliamentary Inquiry as to whether or not it would take unanimous consent to remove the Bill from Special Order status.

The PRESIDENT stated that the motion to recommit did not require unanimous consent.

Parliamentary Inquiry

Senator HUTTO made a Parliamentary Inquiry as to whether or not a two-thirds vote would be required to remove the Bill from Special Order status.

Point of Order

Senator LEVENTIS made a Point of Order that a two-thirds vote would be required to remove the Bill from Special Order status and, further, that the motion was out of order inasmuch as two actions were contained in the motion.

Senator McCONNELL spoke on the Point of Order.

Senator LEVENTIS spoke on the Point of Order.

Senator MARTIN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The question then was the motion to recommit the Bill to the Committee on Agriculture and Natural Resources, and when the Bill is

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reported out of Committee, it would be placed on the Second Reading Calendar.

Parliamentary Inquiry

Senator HUTTO made a Parliamentary Inquiry as to whether or not under the provisions of Rule 21 the Senate could take this Bill up prior to the Bill being under consideration.

The PRESIDENT stated that the original motion was in order.

A roll call vote was ordered.

Objection

During the taking of the roll call vote, Senator McCONNELL asked unanimous consent to make a motion to remove the Bill from Special Order status and place it on the Second Reading Calendar, then recommit the Bill to the Committee on Agriculture and Natural Resources and return the Bill to the Calendar within two weeks.

Point of Order

Senator BRANTON raised a Point of Order that the motion was out of order inasmuch as the Senate was in the process of a roll call vote.

The PRESIDENT stated that the motion was allowed by unanimous consent.

Senator BRANTON objected to the motion.

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

Ayes 21; Nays 18

AYES

Alexander                 Bauer                     Branton
Elliott                   Fair                      Giese
Glover                    Gregory                   Grooms
Hawkins                   Hayes                     Kuhn
Leatherman                Martin                    Mescher
Peeler                    Reese                     Ritchie
Ryberg                    Smith, J. Verne           Verdin

Total--21

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NAYS

Courson                   Drummond                  Ford
Holland                   Hutto                     Land
Leventis                  Matthews                  McConnell
Patterson                 Pinckney                  Rankin
Ravenel                   Richardson                Setzler
Short                     Thomas                    Waldrep

Total--18

The Bill was recommitted to the Committee on Agriculture and Natural Resources.

MOTION ADOPTED

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

MOTION ADOPTED

On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Frederick William Faircloth of Rock Hill, S.C.

ADJOURNMENT

At 2:40 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M.

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