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, with war with Saddam only hours away, hear the words recorded by Isaiah, Chapter 37:7 (concerning the King Hezekiah-Sennacherib crisis) (Hezekiah's reign 715-690 B.C.):

"I will cause him to fall by the sword in his own land."
Let us pray.

Father, we thank You for successful surgery and healing for Senator SETZLER's wife, Ada Jane. We pray your gifts of healing for Dottie Miller's husband, Dan, as he wrestles with his cancer treatments!

Father, the talking and debating have failed. War, like the world has never known, is very near. We call upon Your power and mercy to help us.

We lift up in our prayer: our President and his advisors, and all our soldiers, some mothers and fathers of little children left at home... while they go thousands of miles to free others from their evil ruler.

Father, where we are right, support us. Where we are wrong, instruct us.

In serving You, Lord, may we serve our country!
Amen!

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

Senator LEATHERMAN introduced Dr. Steve Ross of Florence, S.C., Doctor of the Day.

At 2:10 P.M., Senator KUHN requested a leave of absence for Thursday, March 20, 2003.

S. 491 (Word version) -- Senator McConnell: A BILL TO AMEND ARTICLE 17, CHAPTER 3, OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO CLARIFY PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND FURTHER TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S. 491.

S. 488 (Word version) -- Senators Matthews, Drummond, Holland, Land, Moore, Setzler, Leventis, Hutto, Short, Ford, Elliott, Glover, McGill, Anderson, Rankin, Patterson, Pinckney, Malloy, O'Dell and Jackson: A BILL TO AMEND CHAPTER 7 OF TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE THE APPROPRIATION OF STATE FUNDS FOR LEGISLATION HAVING A FISCAL IMPACT ON A POLITICAL SUBDIVISION UNLESS A TWO-THIRDS VOTE BY BOTH BODIES IS RECEIVED.

On motion of Senator MOORE, with unanimous consent, the name of Senator REESE was added as a co-sponsor of S. 488.

Senator McCONNELL rose for an Expression of Personal Interest.

Senator LEATHERMAN rose for an Expression of Personal Interest.

At 2:31 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 3:00 P.M.

There was no objection and a message was sent to the House accordingly.

On motion of Senator McCONNELL, with unanimous consent, the Privilege of the Floor was extended to Mrs. Betty Wilkins. Mrs. Wilkins was escorted to the podium by Senator J. VERNE SMITH and former Lieutenant Governor NICK THEODORE.

In commemoration of continuous service with the State of South Carolina, Senator McCONNELL, PRESIDENT Pro Tempore of the Senate, and Senator DRUMMOND, PRESIDENT Pro Tempore Emeritus, accompanied by Senators HOLLAND, J. VERNE SMITH and SETZLER and former Lieutenant Governor NICK THEODORE presented to Mrs. Wilkins a certificate and Senate Resolution and awarded her a service pin for her years of devoted state service:

30 years

Betty Wilkins

The Resolution was unanimously adopted and read as follows:

S. 461 (Word version) -- Senators Holland, McConnell, Leatherman, Short, Leventis, J. Verne Smith, Peeler, Ryberg, McGill, Moore, Reese, Malloy, Glover, O'Dell, Setzler, Ford, Courson, Giese, Anderson, Martin, Knotts, Grooms, Ravenel, Hawkins, Patterson, Gregory, Alexander, Drummond, Ritchie, Branton, Verdin, Mescher, Waldrep, Matthews and Thomas: A SENATE RESOLUTION TO RECOGNIZE MRS. BETTY WILKINS OF CAYCE FOR HER MANY YEARS OF UNSELFISH PUBLIC SERVICE TO THE SOUTH CAROLINA SENATE AND TO EXTEND BEST WISHES TO HER AND HER FAMILY UPON HER RETIREMENT DURING THE LEGISLATIVE INTERIM AFTER MORE THAN THIRTY YEARS OF SERVICE TO THE CITIZENS OF SOUTH CAROLINA.

Whereas, the members of the Senate are pleased to honor Mrs. Betty Wilkins for her dedicated service to the South Carolina Senate for more than thirty years; and

Whereas, Mrs. Wilkins' service to the South Carolina Senate began in 1972 as an administrative assistant. She provided assistance daily to the many constituents who would call or write their senator with various problems and concerns; and

Whereas, through her service in several offices and committees in the South Carolina Senate, Mrs. Wilkins had the opportunity to work with many members and to help them manage their affairs to ensure that they were able to effectively serve the citizens of South Carolina; and

Whereas, Mrs. Wilkins married M. Mark Wilkins, in June of 1951, and together they attend Mount Hermon Lutheran Church. They will celebrate fifty-two years of marriage in June; and

Whereas, Mrs. Wilkins and her husband have two daughters, Melissa and Suzanne. Melissa worked with Legislative Information Services until the birth of her first child, Ellis, in August 2002. Mrs. Wilkins has four grandchildren, Ellis, Tyler, Austin, and Philip; and

Whereas, the members of the Senate are pleased to honor such a wonderful lady who served the South Carolina Senate so diligently. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate, by this resolution, recognize Mrs. Betty Wilkins of Cayce for her many years of unselfish public service to the South Carolina Senate and extend best wishes to her and her family upon her retirement during the legislative interim after more than thirty years of service to the citizens of South Carolina.

Be it further resolved that a copy of this resolution be presented in the Senate to Mrs. Betty Wilkins.

Senators HOLLAND, J. VERNE SMITH and SETZLER and former Lieutenant Governor NICK THEODORE addressed brief remarks to the Senate commending Mrs. Wilkins for her years of loyal service.

On motion of Senator HOLLAND, with unanimous consent, Mrs. Wilkins was granted leave to address the Senate with brief remarks.

The following were introduced:

S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE NOTICE TO OWNER AND LIENHOLDERS OF AN ABANDONED VEHICLE TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICERS, SO AS TO SHORTEN FROM FORTY-FIVE TO FIFTEEN DAYS THE NOTIFICATION PERIOD AND SPECIFY WHAT CONSTITUTES NOTICE; TO AMEND SECTION 56-5-5640, AS AMENDED, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO AUTHORIZE A PROPRIETOR, OWNER, OR OPERATOR OF THE STORAGE PLACE INSTEAD OF THE APPROPRIATE LAW ENFORCEMENT OFFICER TO SELL THE ABANDONED VEHICLES AND PROVIDE FOR THE SALE; AND TO REPEAL SECTION 56-5-2522 RELATING TO A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER AUTHORIZES A VEHICLE OR AN OBJECT BE TOWED, WHETHER PUBLIC OR PRIVATE PROPERTY.
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Read the first time and referred to the Committee on Transportation.

S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.

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

S. 497 (Word version) -- Senators Hayes, Peeler and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-360 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN FOUR PERCENT OF THE FAIR-MARKET VALUE OF THE AIRCRAFT.
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Read the first time and referred to the Committee on Finance.

S. 498 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 15-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED IN THE COUNTY WHERE THE DEFENDANT RESIDES, SO AS TO PROVIDE FOR VENUE FOR ACTIONS AGAINST RESIDENT INDIVIDUALS, DOMESTIC CORPORATIONS, FOREIGN CORPORATIONS, FOREIGN LIMITED PARTNERSHIPS, FOREIGN LIMITED LIABILITY COMPANIES, FOREIGN LIMITED LIABILITY PARTNERSHIPS, AND NON-RESIDENT INDIVIDUALS.
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Read the first time and referred to the Committee on Judiciary.

S. 499 (Word version) -- Senators Reese and Ford: A BILL TO AMEND SECTION 38-73-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION INSURANCE DEDUCTIBLES, SO AS TO INCREASE THE MAXIMUM FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS FOR EACH COMPENSABLE CLAIM.
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Read the first time and referred to the Committee on Judiciary.

S. 500 (Word version) -- Senators McConnell, Ford and Hayes: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495, SO AS TO DEFINE CHILDREN'S ADVOCACY CENTER AND TO PROVIDE

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

S. 501 (Word version) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
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Read the first time and, on motion of Senator SHORT, with unanimous consent, S. 501 was ordered placed on the Calendar without reference.

On motion of Senator SHORT, with unanimous consent, S.501 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 502 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION MOVE A PORTION OF THE PROJECTED "CAROLINA BAYS PARKWAY" IN HORRY COUNTY BETWEEN HIGHWAY 544 AND HIGHWAY 501 THREE HUNDRED YARDS TO THE NORTHWEST TOWARD CONWAY TO AVOID THE HUNTERS RIDGE COMMUNITY.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 503 (Word version) -- Senators McConnell, Ritchie, Kuhn, Branton, Ravenel, Mescher, Pinckney, Ford and Grooms: A CONCURRENT

On motion of Senator McCONNELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

S. 504 (Word version) -- Senators Ritchie, Leventis, Ryberg, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON

Senator RITCHIE spoke on the Bill.

Thank you, Mr. PRESIDENT.

I want to talk for a few minutes about S. 504 that's just been read across the Desk and about other issues facing our State with the budget situation and our tax situation. It's obvious that the budget debate, Medicaid costs and taxes are dominating the press and our deliberations here. In fact, yesterday there were two media events downstairs: one body speaking in favor of taxes and one saying never any taxes, which brings us to our current dilemma. For some reason, we have been limited to a reflective debate of whether we will tax more or cut more. These are powerful tools, but they are never going to solve the problem in and of themselves.

Senator from Richland, it was said a long time ago that the power to tax is the power to enslave. It's the power to destroy. And limited government is important to preserve our freedom. Expanding government reduces the power of the community, the individual taxpayer and individual businesses. Raising taxes, in and of itself, is not going to solve the problem.

Continuing to cut spending, as we have been practicing here in our own body, is going to be cutting the fundamental obligations of government and weakening the safety net for our most vulnerable citizens. Over time, that's only going to perpetuate our cultural, educational and healthcare problems.

Clinging to these two options is merely a race to the bottom. Following these limited options will truly limit our future, and we are better than that.

The only way South Carolina is going to overcome these challenges that have hounded us for generations is through growth. Today, we are flat. We have no growth. Commerce reports that today, they have the fewest leads for new prospects seeking jobs in South Carolina on

If we are successful with this venture capital plan, it will spin off new and important jobs that will create the next manufacturing sector -- the next high-wage, high-paying jobs in the generations ahead. We will also need to join with it a package of other incentives that I hope to offer in the next few weeks. For example, by expanding research and development incentives for businesses -- job credits by sector and not just by size of your business; we can promote expansion of existing industries as well as attracting outside industries. And I think we have to take a new tack on developing minority businesses in this State. The biggest problem with minority businesses in this State is not what you

In government, we can do something very simple. We can improve the procurement codes for speed to work at the speed of business. Those are the kinds of things we need to have for tomorrow. South Carolina prides itself on its way of life and its quality of life, and I share that love. But there are two South Carolinas, and we no longer have the luxury of saying, "We'll deal with that later." We must deal with this now. If we don't reinvigorate South Carolina's economy today, all of South Carolina will be washed to the side by the rest of our region and our nation. At that point, other people will decide our future, and we'll spend the next 20 years trying to close a wider gap with even fewer resources. We are better than that.

Do not get locked in to the uninspired choices of "tax this" or "cut that." Join with me to create strategic growth in South Carolina with venture capital plans of research and development opportunities with increasing access to capital and building job credits in strategic clusters. Strategic growth will weave the two South Carolinas into one. I believe in this future. I know you do, too. We must build this future for South Carolina's children so their opportunities will be limitless in comparison to those who have come before us.

Thank you very much.

On motion of Senator KUHN, with unanimous consent, Senator RITCHIE's remarks were ordered printed in the Journal.

Senator LEVENTIS spoke on the Bill.

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

S. 505 (Word version) -- Senators Jackson, Courson, Giese and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNING BODY OF THE CITY OF COLUMBIA TO SET A DATE FOR AN ELECTION SO THAT THE ELECTORS OF THE CITY MAY VOTE

On motion of Senator JACKSON, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3050 (Word version) -- Rep. Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO ESTABLISH CRITERIA FOR THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS TO STUDENTS GRADUATING IN 2003 AND THEREAFTER WHO ATTEND "MAGNET SCHOOLS" OR SCHOOLS WITH "OPEN ENROLLMENT".

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

H. 3204 (Word version) -- Reps. Lucas and Freeman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES THE LYNCHES RIVER ALONG UNITED STATES HIGHWAY 1 IN HONOR OF JUDGE CHARLES H. "CORKEY" PATE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "CHARLES H. 'CORKEY' PATE BRIDGE".

On motion of Senator MALLOY, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3320 (Word version) -- Reps. Viers, Barfield, Keegan, Clemmons, Witherspoon and Edge: A CONCURRENT RESOLUTION TO EXPRESS THE COLLECTIVE BELIEF AND DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE NEXT MAJOR HIGHWAY PROJECT OF THE DEPARTMENT OF TRANSPORTATION SHOULD BE ONE THAT PROVIDES HORRY COUNTY WITH ACCESS TO THE INTERSTATE SYSTEM.

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

H. 3410 (Word version) -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION

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

H. 3418 (Word version) -- Reps. Townsend and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY AND A CERTIFICATE OF OCCUPANCY OBTAINED FROM THE SUPERINTENDENT; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.

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

H. 3749 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

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

H. 3764 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT

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

H. 3794 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Read the first time and, on motion of Senator ELLIOTT, with unanimous consent, H. 3794 was ordered placed on the Calendar without reference.

H. 3798 (Word version) -- Reps. McGee, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, 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, 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 AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 6, 2003.

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

H. 3799 (Word version) -- Reps. Lourie, Bales, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Quinn, Rutherford, Scott and J. E. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS, FACULTY, AND STAFF OF E. L. WRIGHT MIDDLE SCHOOL IN COLUMBIA FOR BEING NAMED CAROLINA FIRST PALMETTO'S FINEST FOR BEING THE PREMIER MIDDLE SCHOOL IN THE STATE, AND TO COMMEND PRINCIPAL MICHAELE LEMROW FOR THE LEADERSHIP AND DIRECTION SHE HAS PROVIDED TO THE SCHOOL.

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

H. 3800 (Word version) -- Reps. Harvin, Weeks, G. M. Smith, Coates and G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON LEARNING OF THE DEATH OF MRS. OLIVIA WILLIAMS OF SUMTER, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 3801 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JESSIE RINE DAVIS BRIGHT OF COLLETON COUNTY ON THE OCCASION OF HER EIGHTIETH BIRTHDAY ON WEDNESDAY, MARCH 5, 2003, AND WISHING FOR HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.

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

H. 3811 (Word version) -- Reps. Govan, Allen, Breeland, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Hosey, Howard, Kennedy, Lee, Lloyd, Mack, Moody-Lawrence, J. H. Neal, Parks, Rutherford, Scott, F. N. Smith, Weeks, Whipper, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, G. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, Hinson, Huggins, Jennings, Keegan, Kirsh, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Mahaffey,

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

H. 3814 (Word version) -- Reps. W. D. Smith, Delleney, F. N. Smith, Wilkins, Witherspoon, Townsend, Richardson, M. Hines, Leach, Harrison, Cato, J. Brown, Vaughn, Chellis and Harrell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM

On motion of Senator RITCHIE, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3815 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE PRESIDENT OF THE UNITED STATES OF AMERICA, THE MEMBERS OF HIS CABINET, AND THE BRAVE MEN AND WOMEN SERVING IN THE ARMED FORCES OF THE UNITED STATES IN THE WAR TO REMOVE SADDAM HUSSEIN, FREE THE PEOPLE OF IRAQ FROM THE CRUEL OPPRESSION OF A RUTHLESS DICTATOR, AND DISARM IRAQ

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

H. 3824 (Word version) -- Rep. Toole: A CONCURRENT RESOLUTION TO CONGRATULATE THE STUDENTS OF WHITE KNOLL HIGH SCHOOL IN LEXINGTON COUNTY WHO RECEIVED STATEWIDE DECA AWARDS IN MARKETING COMPETITION IN COLUMBIA RECENTLY, COMMEND THEM FOR THEIR ACADEMIC PROWESS AND ENTREPRENEURIAL SPIRIT, AND WISH THEM AND THEIR TEACHER AND ADVISOR, CARL VADASZ, WELL AS THEY COMPETE ON THE NATIONAL LEVEL APRIL 26-29, 2003, IN ORLANDO, FLORIDA.

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

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

S. 104 (Word version) -- 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.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

S. 258 (Word version) -- Senators Gregory, Ryberg, Hayes, Courson, Peeler, Branton and Reese: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

S. 419 (Word version) -- Senators J. Verne Smith, Fair, Hutto, McConnell, Moore, Rankin and Richardson: A BILL TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.

Ordered for consideration tomorrow.

Columbia, S.C., March 19, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has granted Free Conference Powers and has appointed Reps. Townsend, Walker, and Ott to the Committee of Free Conference on the part of the House on:
S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY

Received as information.

Columbia, S.C., March 19, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
Very respectfully,
Speaker of the House

Received as information.

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel,

On motion of Senator PEELER, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator PEELER spoke on the report.

On motion of Senator PEELER, with unanimous consent, Free Conference Powers were granted.

Whereupon, Senators MARTIN, SHORT, and PEELER were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator PEELER, the Report of the Committee of Free Conference to S. 375 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   For fiscal year 2002-2003, all school districts and special schools of this State may transfer revenue between programs to any instructional program with the same funding source and may make expenditures for direct classroom instructional programs and essential operating costs from any state source without regard to fund type with the exception of school building bond funds.

SECTION   2.   This joint resolution takes effect upon approval by the Governor.   /

/s/Linda H. Short                 /s/Ronald P. Townsend
/s/Harvey S. Peeler, Jr.          /s/Robert E. Walker
/s/Larry A. Martin                /s/Harry L. Ott, Jr.
On Part of the Senate                On Part of the House.

, and a message was sent to the House accordingly.

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

Senator MARTIN spoke on the Free Conference Report.

Columbia, S.C., March 19, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3198 (Word version) -- Reps. Easterday, Altman, Coates, Sandifer, McGee, Clemmons and Edge: A BILL TO AMEND SECTION 30-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 19, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.13, H. 3430 by a vote of 3 to 0:

Received as information.

(R13, H. 3430 (Word version)) -- Reps. Phillips, Littlejohn and McCraw: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 4, 5, AND 6, 2002, AND JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Senator McCONNELL, with unanimous consent, the veto of the Governor was taken up for immediate consideration.

Senator McCONNELL moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Alexander                 Anderson                  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                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Columbia, S.C., March 19, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.17, H. 3615 by a vote of 3 to 0:
(R17, H. 3615 (Word version)) -- Rep. Taylor: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 5, 2002, AND JANUARY 23 AND 24, 2003, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Received as information.

(R17, H. 3615 (Word version)) -- Rep. Taylor: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 5, 2002, AND JANUARY 23 AND 24, 2003, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Senator McCONNELL, with unanimous consent, the veto of the Governor was taken up for immediate consideration.

Senator McCONNELL moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Alexander                 Anderson                  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                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg

Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Columbia, S.C., March 19, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.18, H. 3633 by a vote of 3 to 0:
(R18, H. 3633 (Word version)) -- Rep. Duncan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 23, 2003, AND JANUARY 24, 2003, BY THE STUDENTS OF ANY SCHOOL IN THE LAURENS COUNTY SCHOOL DISTRICT NUMBER FIFTY-SIX WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Very respectfully,
Speaker of the House

Received as information.

(R18, H. 3633 (Word version)) -- Rep. Duncan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 23, 2003, AND JANUARY 24, 2003, BY THE STUDENTS OF ANY SCHOOL IN THE LAURENS COUNTY SCHOOL DISTRICT NUMBER FIFTY-SIX WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, ARE

On motion of Senator VERDIN, with unanimous consent, the veto of the Governor was taken up for immediate consideration.

Senator VERDIN moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Alexander                 Anderson                  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                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

S. 66 (Word version) -- Senators Knotts, Setzler and Moore: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF U.S. HIGHWAY 1 THAT RUNS FROM INTERSTATE 20 TO THE OAK GROVE AREA IN LEXINGTON COUNTY IN HONOR OF THE LATE F. W. "BILLY" CAUGHMAN FOR HIS COMMUNITY, CIVIC, AND POLITICAL IMPACT ON THE CITY OF LEXINGTON AND LEXINGTON COUNTY AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. CAUGHMAN'S CONTRIBUTIONS TO THE COMMUNITY.

The House returned the Bill with amendments.

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

The following Resolutions were returned from the House with concurrence:

S. 135 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME INTERSTATE 385 IN LAURENS COUNTY AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF LAURENS COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

Returned with concurrence.

Received as information.

S. 457 (Word version) -- Senators Patterson, Jackson, Giese and Courson: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SC-277 PEDESTRIAN OVERPASS IN RICHLAND COUNTY

Returned with concurrence.

Received as information.

S. 484 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 26, 2003, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 26, 2003, AT WHICH TIME THE STATE EASTER SEALS REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Returned with concurrence.

Received as information.

S. 485 (Word version) -- Senators Hayes, Short, Gregory and Peeler: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE TUESDAY, APRIL 1, 2003, AS "YORK COUNTY DAY".

Returned with concurrence.

Received as information.

S. 494 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE THE DREHER HIGH SCHOOL GIRLS BASKETBALL TEAM ON WINNING THE 2003 CLASS AAA STATE BASKETBALL CHAMPIONSHIP, TO COMMEND THE LADY BLUE DEVILS FOR THE HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK IT TOOK TO BECOME A CHAMPIONSHIP TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 474 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 274 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF RECORD IS IN ANOTHER STATE AND THE LEASED VEHICLE IS TO BE REGISTERED AND LICENSED IN THE STATE OF THE SERVICE MEMBER'S HOME OF RECORD AND TO EXEMPT ALL VEHICLES LEASED BY A PUBLIC BODY IF THE VEHICLE WOULD OTHERWISE BE EXEMPT IF OWNED BY THE PUBLIC BODY.

S. 107 (Word version) -- Senators Hayes, Ritchie and Ravenel: A BILL TO AMEND SECTION 6-4-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOURISM EXPENDITURE REVIEW COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO ELEVEN, BY ADDING ONE MEMBER ON THE RECOMMENDATION OF THE SOUTH CAROLINA ARTS COMMISSION AND ONE MEMBER AT LARGE.

S. 152 (Word version) -- Senators Leventis and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-2-90 SO AS TO REQUIRE THAT AN INNKEEPER

Senator RYBERG spoke on the Bill.

S. 447 (Word version) -- Senators J. Verne Smith, Alexander, Reese and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.

S. 448 (Word version) -- Senators McConnell, Ford and Pinckney: A BILL TO AMEND SECTION 40-82-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUID PETROLEUM GAS DEALER STORAGE CAPACITY REQUIREMENTS SO AS TO PROVIDE THAT A DEALER MUST HAVE OR HAVE ACCESS TO FACILITIES WITH A CAPACITY OF A MINIMUM 30,000 WATER GALLONS WITHIN CLOSE PROXIMITY TO THE AREA TO BE SERVED AND TO DELETE THE PROVISION REQUIRING LEASED STORAGE CAPACITY TO BE DEDICATED TO THE EXCLUSIVE USE OF THE LESSEE.

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

Senator McCONNELL proposed the following amendment (NBD\11428AC03), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   Section 40-82-240 of the 1976 Code is amended to read:

"Section 40-82-240.   (A)   A dealer conducting business in the State:

(1)   must have or have access to facilities with a storage capacity of a minimum of 30,000 water gallons located within close proximity to the area to be served; however, no more than two dealers may share the capacity of one 30,000 gallon tank;

(2)   whose headquarters are outside of the State, must have storage capacity located in the State within close proximity to the area served in the State.

(B)   The board may waive the minimum bulk storage facility requirement of subsection (A).

(C)   If the storage capacity required by subsection (A) is leased, the storage capacity must be dedicated to the exclusive use of the lessee and must include separate piping and loading-unloading facilities If a dealer has access to another dealer's facility, for purposes of subsection (A)(1), the dealer must have a written agreement, signed by both parties, stipulating the terms, conditions, and available capacity. A current agreement must be submitted at the time of each license renewal, and the duration of the agreement must, at a minimum, coincide with the length of the licensing period."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

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

H. 3670 (Word version) -- Reps. Lucas, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT

S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.

Senator FAIR asked unanimous consent to remove the minority report.

There was no objection.

The minority report was removed.

H. 3664 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO REFLECT ON TWO HUNDRED YEARS OF GOOD RELATIONS WITH FRANCE, AMERICA'S FIRST ALLY, EXPRESS GENUINE REGRET OVER THE RECENT ACTIONS OF FRANCE IN OPPOSING AMERICAN FOREIGN POLICY REGARDING IRAQ, AND CALL UPON FRANCE TO SUPPORT THE EFFORTS OF THE UNITED STATES TO RID IRAQ AND THE WORLD OF THE EVIL DICTATOR SADDAM HUSSEIN AND HIS WEAPONS OF MASS DESTRUCTION.

Senator J. VERNE SMITH asked unanimous consent to recommit the Resolution to the General Committee.

There was no objection.

The Resolution was recommitted to the General Committee.

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

At 3:27 P.M., on motion of Senator McCONNELL, the Senate agreed to go into Executive Session.

At 3:44 P.M., on motion of Senator McCONNELL, the seal of secrecy was removed and the Senate resumed.

At 3:45 P.M., on motion of Senator McCONNELL, the Senate receded from business subject to Ratification of Acts.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 19, 2003, at 4:37 P.M. and the following Acts and Joint Resolutions were ratified:

(R20, S. 167 (Word version)) -- Senator Gregory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1707 SO AS TO PROVIDE FOR LIMITS ON SPECIFIED SHARKS; AND TO AMEND SECTION 50-5-2725, AS AMENDED, RELATING TO SHARK CATCH LIMITS, SO AS TO FURTHER PROVIDE FOR CERTAIN FEDERAL PROVISIONS WHICH APPLY TO THE TAKING OF SHARKS.
L:\COUNCIL\ACTS\167SD03.DOC

(R21, S. 375 (Word version)) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND MAY MAKE EXPENDITURES FOR INSTRUCTIONAL PROGRAMS AND ESSENTIAL OPERATING COSTS FROM ANY STATE SOURCE WITHOUT REGARD TO FUND TYPE EXCEPT SCHOOL BUILDING BOND FUNDS.
L:\COUNCIL\ACTS\375AC03.DOC

(R22, H. 3539 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF NURSING, RELATING TO CODE OF ETHICS FOR NURSES WITH INTERPRETIVE STATEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
L:\COUNCIL\ACTS\3539AC03.DOC

(R23, H. 3672 (Word version)) -- Reps. Walker, Mahaffey, Talley and Littlejohn: AN ACT TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS IN SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7.
L:\COUNCIL\ACTS\3672MM03.DOC

(R24, H. 3698 (Word version)) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF THE SEVEN SCHOOL DISTRICTS IN SPARTANBURG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP; AND TO ALLOW EMPLOYEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY VOLUNTARILY TO TAKE UP TO FOUR DAYS OF UNPAID LEAVE.
L:\COUNCIL\ACTS\3698SL03.DOC

At 4:45 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 3:43 P.M.