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


Printed Page 1118 . . . . . Tuesday, March 25, 2003

Tuesday, March 25, 2003
(Statewide Session)

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, St. Paul who knew and experienced the human predicament, wrote to the Corinthians in these words (II Corinthians 4:7-8):

"But we have this treasure in clay jars, so that it may be made clear that this extraordinary power belongs to God and does not come from us. We are afflicted in every way (troubled on every side), but not crushed; perplexed, but not driven to despair..."
Let us pray.

Father, this war, and the political and social convulsions in the world are more monstrous than we thought it might be.

And so, Father, we lift this Senate, our legislature, our Governor and all the legislatures on earth, "UNDER GOD", so they can say with confidence the words that St. John said to every age:

"And His commandments are not burdensome, for whatever is born of God conquers the world. And this is the victory that conquers the world, our faith."
So let it be, Father!
Amen!

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

Doctor of the Day

Senator HAYES introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 509 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MISS JESSICA GIBBONS


Printed Page 1119 . . . . . Tuesday, March 25, 2003

OF GREER ON BEING NAMED ONE OF THE TOP TWO VOLUNTEERS OF SOUTH CAROLINA IN THE EIGHTH ANNUAL PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM.
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The Senate Resolution was adopted.

S. 510 (Word version) -- Senators Glover, Jackson, Ford, Anderson, Matthews and Pinckney: A CONCURRENT RESOLUTION TO ERECT A HISTORICAL MARKER IN LAKE CITY AS A MEMORIAL TO FRAZIER B. BAKER, POSTMASTER OF LAKE CITY IN 1898, WHO WAS A VICTIM OF A MOB LYNCHING, WHICH RESULTED IN THE UNTIMELY DEATH OF MR. BAKER AND HIS TWO-YEAR-OLD DAUGHTER, JULIA BAKER.
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Senator GLOVER spoke on the Resolution.

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

S. 511 (Word version) -- Senators Matthews, Patterson, Glover, Land, Hutto and Anderson: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3540 SO AS TO PROVIDE STATE INCOME, BANK, OR PREMIUM TAX CREDITS FOR DONATIONS TO FOUR-YEAR COLLEGES AND UNIVERSITIES WHERE LOW AND MODERATE INCOME STUDENTS COMPRISE SIXTY PERCENT OR MORE OF THE TOTAL STUDENT POPULATION AND TO DEFINE "LOW AND MODERATE INCOME STUDENT".
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Read the first time and referred to the Committee on Finance.

S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".
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Read the first time and referred to the Committee on Transportation.


Printed Page 1120 . . . . . Tuesday, March 25, 2003

S. 513 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-9-510 OF THE 1976 CODE, RELATING TO HUNTING LICENSE FEES, TO INCREASE THE COMBINATION HUNTING AND FISHING LICENSE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS, TO INCREASE THE ANNUAL STATEWIDE LICENSE FEE FROM ONE HUNDRED TO ONE HUNDRED TWENTY-FIVE DOLLARS, TO INCREASE THE TEN-DAY NONRESIDENT LICENSE FEE FROM FIFTY TO SEVENTY-FIVE DOLLARS, TO INCREASE THE THREE-DAY NONRESIDENT LICENSE FEE FROM TWENTY-FIVE TO FORTY DOLLARS, AND TO INCREASE THE NONRESIDENT BIG GAME PERMIT FEE FROM EIGHTY-NINE TO ONE HUNDRED DOLLARS.
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Read the first time and ordered placed on the Calendar without reference.

H. 3833 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE HIS EXCELLENCY THE FIRST PRESIDENT OF THE REPUBLIC OF ZAMBIA, DR. KENNETH DAVID KAUNDA, FOR HIS CHARISMATIC POLITICAL LEADERSHIP AND HIS OUTSTANDING LIFE ACCOMPLISHMENTS.

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

REPORTS OF STANDING COMMITTEES

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

S. 154 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN THE APPLICANT SHALL UNDERGO THE REVIEW, THE MANNER OF THE REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.

Ordered for consideration tomorrow.


Printed Page 1121 . . . . . Tuesday, March 25, 2003

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

S. 285 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-13-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL CREEL LIMIT OF GAME FISH TAKEN IN ONE DAY, TO PROVIDE THAT NOT MORE THAN FIVE OF THE LIMIT MAY BE TROUT TAKEN FROM THE SALUDA RIVER BETWEEN THE LAKE MURRAY DAM AND THE CONFLUENCE OF THE BROAD RIVER.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 469 (Word version) -- Senators Grooms and Branton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 61 IN DORCHESTER COUNTY FROM ALBERT LANE TO TUGGLE LANE IN MEMORY OF CLEMENT SINGLETON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. SINGLETON'S YEARS OF HARD WORK AND SERVICE TO HIS COMMUNITY AND THIS STATE.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 478 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480 OF THE 1976 CODE, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTLING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Finance submitted a favorable report on:


Printed Page 1122 . . . . . Tuesday, March 25, 2003

H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

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

H. 3274 (Word version) -- Reps. Townsend and Clark: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.

Ordered for consideration tomorrow.

Senator GREGORY from the General Committee submitted a favorable report on:

H. 3299 (Word version) -- Reps. Frye, Koon, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON FOR RACCOON AND OPOSSUM IN GAME ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, AND TO CHANGE THE METHOD OF HUNTING RACCOON AND OPOSSUM IN CERTAIN GAME ZONES; AND TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOON, OPOSSUM, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.

Ordered for consideration tomorrow.

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


Printed Page 1123 . . . . . Tuesday, March 25, 2003

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

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.

THIRD READING BILLS

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

S. 508 (Word version) -- Senators McConnell, 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, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND SECTION 25-1-2260 OF THE 1976 CODE, RELATING TO A JUDGE'S DUTY TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD, SO AS TO ALSO REQUIRE A JUDGE TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE RESERVES.

By prior motion of Senator McCONNELL, with unanimous consent

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


Printed Page 1124 . . . . . Tuesday, March 25, 2003

RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE.

Senator GREGORY spoke on the Bill.

READ THE SECOND TIME WITH NOTICE
OF GENERAL AMENDMENTS

S. 209 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.

On motion of Senator McCONNELL, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

Senator McCONNELL asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet at 11:15 A.M. tomorrow and immediately following the invocation and the Pledge of Allegiance, the Senate would stand in recess for the purpose of attending the Joint Assembly; and, upon the completion of the Joint Assembly, the Senate would stand in recess until 2:00 P.M.

There was no objection and the motion was adopted.

MOTION ADOPTED

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

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

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 166 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM A PUBLIC ROAD, SO AS TO AMEND THE DEFINITION OF "HUNTING".


Printed Page 1125 . . . . . Tuesday, March 25, 2003

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

Amendment No. 1

Senator KNOTTS proposed the following Amendment No. 1 (166R001.CKG), which was adopted:

Amend the bill, as and if amended, page 1, line 20, by striking Section 1 and inserting:

/   SECTION   1.   Section 50-11-760(B)(1) of the 1976 Code, as last amended by Act 69 of 2001, is further amended to read:

"(1)   For purposes of this section, 'hunting' includes:

(a)   taking deer by occupying stands for that purpose; and or

(b)   possessing, carrying, or having readily accessible:

(i)     a loaded centerfire rifle; or

(ii)   a shotgun loaded with shot size larger than number four."   /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

MOTION ADOPTED

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned in honor of U. S. Army Chief Warrant Officer Ronald D. Young, Jr. of Lithia Springs, Georgia. CWO Young, beloved son of Kaye Young, formerly of Clearwater, S.C., is one of the U. S. crewmembers of an Apache helicopter forced down during heavy fighting in central Iraq. The Senate conveys its heartfelt wishes for a speedy and safe return of CWO Young.

and

MOTION ADOPTED

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned in memory of U. S. Air Force Staff


Printed Page 1126 . . . . . Tuesday, March 25, 2003

Sergeant Jason C. Hicks of Jefferson, S.C., one of six airmen who was killed in a helicopter crash in Afghanistan while attempting to save two children with life-threatening injuries.

ADJOURNMENT

At 12:35 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:15 A.M.

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