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, we love to reflect upon the loving kindness and tender mercies of God that we forget "the wrath of God." Hear St. Paul to the Romans 1:18:
"For the wrath of God is revealed from heaven against all ungodliness and wickedness of those who by their wickedness suppress the truth."
Let us pray.
Father, we know there is an anger which is human, and there is an anger which is divine.
Human anger resents the hurt; divine anger resents the wrong. Human anger is wounded in its pride; divine anger is wounded in its love. Human anger cries out for revenge; divine anger cries out for atonement.
Help us, in our human predicament, to learn the difference!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Calhoun County Master-in-Equity, with term to commence August 14, 1997, and to expire August 14, 2003
Thomas P. Culclasure, P. O. Box 183, St. Matthews, S.C. 29135
Initial Appointment, Beaufort County Master-in-Equity, with term to commence February 28, 2003, and to expire June 6, 2003
Curtis L. Coltrane, 10 Walter Thrush Place, Hilton Head, S.C. 29926 VICE Thomas Kemmerlin
Initial Appointment, Horry County Master-in-Equity, with term to commence July 31, 1997, and to expire March 31, 2003
James Stanton Cross, Jr., P. O. Box 1236, Conway, S.C. 29528
Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Mike Clary, 408 Grace Street, Gaffney, S.C. 29340 VICE T. Scott Ramsey
Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Tressa M. Ramsey, P. O. Box 2267, Gaffney, S.C. 29340
Senator GIESE introduced Dr. Leo L. Walker of Columbia, S.C., Doctor of the Day.
At 2:10 P.M., Senator LAND requested a leave of absence for tomorrow.
Senator FORD rose for an Expression of Personal Interest.
Senator KUHN rose for an Expression of Personal Interest.
Senator McCONNELL rose for an Expression of Personal Interest.
Senator PINCKNEY rose for an Expression of Personal Interest.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
H. 3233 (Word version) -- Reps. Talley, Altman, Walker and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary and place it on the Calendar.
There was no objection.
The Bill was placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 540 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 111, TITLE 59 SO AS TO EXEMPT A PERSON WHO IS CALLED TO ACTIVE MILITARY DUTY FROM PAYING TUITION TO A PUBLIC INSTITUTION OF HIGHER LEARNING OR A TECHNICAL COLLEGE IN THIS STATE WHEN HE RETURNS FROM SERVING HIS TERM OF ACTIVE DUTY PURSUANT TO CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Education.
S. 541 (Word version) -- Senators Moore, Matthews, Land, McGill, Leventis, Drummond, Hutto, Branton and Setzler: A BILL TO AMEND SECTION 9-16-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE TWO ADDITIONAL MEMBERS APPOINTED BY THE STATE EMPLOYEES ASSOCIATION TO SERVE ON THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
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Read the first time and referred to the Committee on Finance.
S. 542 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY ON THE WATERS OF LAKE MARION WITHIN SIX HUNDRED FEET OF A DWELLING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Senator LAND spoke on the Bill.
Read the first time and, on motion of Senator LAND, with unanimous consent, S. 542 was ordered placed on the Calendar without reference.
On motion of Senator LAND, with unanimous consent, S. 542 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 543 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-5-1705 OF THE 1976 CODE, RELATING TO CATCH LIMITS, TO ALLOW THE BOARD OF NATURAL RESOURCES TO ESTABLISH CATCH AND POSSESSION LIMITS FOR SALTWATER FINFISH, AND TO AMEND SECTION 50-5-1710 OF THE 1976 CODE, RELATING TO SIZE LIMITS, TO ALLOW THE BOARD OF NATURAL RESOURCES TO ESTABLISH MINIMUM SIZE LIMITS FOR SALTWATER FINFISH.
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Read the first time and ordered placed on the Calendar without reference.
S. 544 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES, SO AS TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1, TITLE 2 BY ADDING SECTION 2-1-95, SO AS TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION MUST RECEIVE A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY VOTE OF THE MEMBERS OF THE SENATE VOTING IN THE JOINT SESSION.
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Read the first time and ordered placed on the Calendar without reference.
S. 545 (Word version) -- Senator Drummond: 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 42 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE "DEPARTMENT OF NATURAL RESOURCES LAW ENFORCEMENT FUND" SPECIAL LICENSE PLATES; AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF THESE LICENSE PLATES.
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Read the first time and referred to the Committee on Transportation.
S. 546 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON THE PASSING OF STELLA PATRICIA "PAT" WILLIS OF GRANITEVILLE WHO PASSED AWAY FRIDAY, FEBRUARY 28, 2003, AND TO EXTEND DEEPEST SYMPATHY TO HER LOVING FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 547 (Word version) -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE THE WARDLAW ACADEMY "PATRIOTS" BOYS BASKETBALL TEAM OF EDGEFIELD COUNTY ON WINNING THE 2003 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP, TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK, AND TO WISH THEM EVERY SUCCESS IN THEIR FUTURE ACADEMIC AND ATHLETIC ENDEAVORS.
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The Senate Resolution was adopted.
S. 548 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE CRIMINAL JUSTICE ORGANIZATIONS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 549 (Word version) -- Senators Land, Martin and J. Verne Smith: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
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Read the first time and referred to the Committee on Judiciary.
S. 550 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO ALLOW THE DEPARTMENT OF REVENUE AND THE STATE TREASURER'S OFFICE TO ADJUST MISALLOCATIONS OF LOCAL OPTION SALES TAX REVENUE COLLECTIONS AND DISTRIBUTIONS IN FISCAL YEAR 2001-2002 DURING THE SUCCEEDING TWO FISCAL YEARS FOR THE PURPOSE OF PROVIDING A ONETIME CORRECTED BASE FOR THE USE OF THE STATE TREASURER'S OFFICE IN CALCULATING FUTURE DISTRIBUTIONS AND PROVIDE THE MANNER IN WHICH THE STATE TREASURER'S OFFICE SHALL USE THE ADJUSTED AMOUNT FOR FUTURE DISTRIBUTIONS.
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Read the first time and referred to the Committee on Finance.
S. 551 (Word version) -- Senators Knotts, Jackson, Anderson, Peeler, Giese, Moore, Patterson, Gregory, Setzler and Elliott: 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 46 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE "LAW ENFORCEMENT SUPPORTER" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF THESE SPECIAL LICENSE PLATES.
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Read the first time and referred to the Committee on Transportation.
S. 552 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2003 AND 2004, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-SIX DOLLARS, AND TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS.
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Senator J.VERNE SMITH spoke on the Resolution.
Read the first time and referred to the Committee on Transportation.
S. 553 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO CELEBRATE THE ACCOMPLISHMENTS OF REVEREND JAMES AUSTIN WILLIAMS, PASTOR OF MOUNT ZION MISSIONARY BAPTIST CHURCH IN FORT MOTTE AND GROVER MEMORIAL BAPTIST CHURCH IN HENDERSONVILLE, AND TO EXPRESS APPRECIATION FOR HIS LEADERSHIP, GUIDANCE, AND DEDICATION.
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The Senate Resolution was adopted.
S. 554 (Word version) -- Senator Fair: A SENATE RESOLUTION TO CONDEMN THE OVERT INSENSITIVITY OF THE ORGANIZERS OF THE THREE RIVERS MUSIC FESTIVAL TO REPEATED REQUESTS
Senator FAIR asked unanimous consent to make a motion that the Resolution be placed on the Calendar without reference.
Senator HUTTO objected.
The Senate Resolution was introduced and referred to the Committee on Fish, Game and Forestry.
H. 3191 (Word version) -- Reps. Barfield and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO AUTHORIZE AN INDIVIDUAL TO RECEIVE ALTERNATIVE, COMPLEMENTARY, EXPERIMENTAL, OR NONCONVENTIONAL MEDICAL TREATMENT FOR A LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT, AND TO PROVIDE THAT THIRD PARTY REIMBURSEMENT IS NOT REQUIRED FOR TREATMENT RENDERED PURSUANT TO THIS ACT.
Read the first time and referred to the Committee on Medical Affairs.
H. 3868 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN ST. GEORGE, SOUTH CAROLINA, TO THE CITY OF ST. GEORGE.
Read the first time and referred to the Committee on Finance.
H. 3869 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAMS-KINDERGARTEN OBJECTIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2746, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3870 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-READINESS TEST, DESIGNATED AS REGULATION DOCUMENT NUMBER 2747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3871 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO MINIMUM STANDARDS FOR THE DETERMINATION OF READINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2748, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3872 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS
Read the first time and referred to the Committee on Education.
H. 3873 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2796, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3875 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM-WRITING TEXT: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2749, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3876 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2779, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3877 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2768, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3878 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD
Read the first time and referred to the Committee on Education.
H. 3879 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2795, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3880 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2799, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3894 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 23, 2003, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 3898 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEE CENTRAL HIGH SCHOOL "LADY STALLIONS" GIRLS BASKETBALL TEAM ON WINNING THE CLASS AA STATE CHAMPIONSHIP FOR THE THIRD CONSECUTIVE SEASON, TO COMMEND THEM 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.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3905 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE BOYS AND GIRLS CLUBS OF SOUTH CAROLINA FOR THEIR UNWAVERING DEDICATION TO THE YOUNG PEOPLE OF THIS STATE AND FOR THEIR OUTSTANDING IMPACT ON OUR COMMUNITIES ON THE OCCASION OF THE "YOUTH OF THE YEAR CELEBRATION" APRIL 10 AND 11, 2003.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3911 (Word version) -- Reps. J. E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, 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, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. 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
The Concurrent Resolution was introduced and referred to the General Committee.
H. 3912 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE MR. CHARLES T. COLE, JR., OF COLUMBIA FOR HIS COMMITMENT TO IMPROVING THE CITY OF COLUMBIA AND THE STATE OF SOUTH CAROLINA AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. COLE ON BEING NAMED THE 2003 AMBASSADOR OF THE YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3913 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. J. C. ROWE OF FOREST ACRES FOR HIS MANY YEARS OF SERVICE TO HIS LOCAL COMMUNITY AND THE STATE OF SOUTH CAROLINA, UPON RETIRING FROM HIS CURRENT POSITION AS MAYOR OF FOREST ACRES ON JUNE 30, 2003, AND TO WISH HIM MANY YEARS OF CONTINUED HAPPINESS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3921 (Word version) -- Reps. J. R. Smith, Stewart, Clyburn and D. C. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL BULLDOGS BOYS BASKETBALL TEAM ON WINNING ITS FIRST CLASS AA STATE CHAMPIONSHIP, COMMEND THE PLAYERS, COACHES, AND STAFF FOR THEIR HARD WORK AND DEDICATION, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3923 (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 and Whipper: A
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 36 (Word version) -- Senators Knotts, Moore, J. Verne Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 43-33-20, RELATING TO RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO USE PUBLIC FACILITIES, SO AS TO PROVIDE A CROSS REFERENCE TO ARTICLE 15 OF TITLE 47 IN SECTION 43-33-20 PERTAINING TO THE RIGHTS OF PHYSICALLY DISABLED PERSONS.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 215 (Word version) -- Senators McConnell, Moore, Ford and Knotts: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 2 OF THE 1976 CODE, RELATING TO LOBBYIST AND LOBBYING, AND TO AMEND VARIOUS SECTIONS OF TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, GOVERNMENT, AND ACCOUNTABILITY. (ABBREVIATED TITLE)
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 219 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-42 SO AS TO PROHIBIT A MUNICIPALITY, COUNTY, OR PUBLIC WATER SYSTEM FROM ADOPTING, IMPLEMENTING,
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable with amendment report on:
S. 318 (Word version) -- Senators Peeler, Grooms, Ritchie, Hayes, Giese, Ryberg, Verdin, Mescher, Kuhn, Richardson, Setzler, Branton, Waldrep and Gregory: A JOINT RESOLUTION ESTABLISHING A COMMITTEE TO STUDY THE FEASIBILITY OF COMBINING THE MAINTENANCE SHOP OPERATIONS OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND STATE DEPARTMENT OF EDUCATION'S SCHOOL BUS MAINTENANCE SHOP, TO PROVIDE FOR THE MEMBERSHIP AND DUTIES OF THE COMMITTEE, AND PROVIDE FOR THE COMMITTEE'S TERMINATION ON THE EARLIER OF THE DATE IT MAKES ITS REPORT AND RECOMMENDATIONS OR OCTOBER 1, 2003.
Ordered for consideration tomorrow.
Senator JACKSON from the Committee on Judiciary submitted a favorable report on:
S. 355 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 5-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE FORM OF MUNICIPAL GOVERNMENT MAY BE CHANGED, SO AS TO REDUCE FROM FIFTEEN TO TEN THE PERCENTAGE OF QUALIFIED ELECTORS OF A MUNICIPALITY REQUIRED TO INITIATE AN ELECTION TO CHANGE THE FORM OF GOVERNMENT.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable with amendment report on:
S. 318 (Word version) -- Senators Peeler, Grooms, Ritchie, Hayes, Giese, Ryberg, Verdin, Mescher, Kuhn, Richardson, Setzler, Branton, Waldrep and Gregory: A JOINT RESOLUTION ESTABLISHING A COMMITTEE TO STUDY THE FEASIBILITY OF COMBINING THE MAINTENANCE SHOP OPERATIONS OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND STATE DEPARTMENT OF EDUCATION'S SCHOOL BUS MAINTENANCE SHOP, TO PROVIDE FOR THE MEMBERSHIP AND DUTIES OF THE COMMITTEE, AND PROVIDE FOR THE COMMITTEE'S TERMINATION ON THE EARLIER OF THE DATE IT MAKES ITS REPORT AND RECOMMENDATIONS OR OCTOBER 1, 2003.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable with amendment report on:
S. 344 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 59-25-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO THE SOUTH CAROLINA CENTER FOR EDUCATOR RECRUITMENT, RETENTION, AND ADVANCEMENT.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
S. 389 (Word version) -- Senators Ritchie, Hayes, Land, Hawkins, Hutto and Malloy: A BILL TO AMEND SECTION 8-21-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTION FEES IN THE COURT OF COMMON PLEAS AND FAMILY COURT, SO AS TO
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 489 (Word version) -- Senators Ravenel and McGill: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OTHER THAN A TRUSTEE, EMPLOYEE, OR AGENT OF THE FOUNDATION OR A PERSON AUTHORIZED BY THE FOUNDATION TO TRAP, HUNT, MOLEST, OR ATTEMPT TO MOLEST A BIRD, WILD FOWL, OR GAME, INCLUDING WILD HOGS, WITHIN THE REFUGE, OR TO TRESPASS IN ANY MANNER UPON THE PROPERTY OF THE BELLE W. BARUCH FOUNDATION FOR THAT PURPOSE.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable report on:
H. 3822 (Word version) -- Reps. Townsend, Harrell, Walker and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT IF A DESIGNEE OF A PUBLIC OFFICIAL TO SERVE ON THE EDUCATION OVERSIGHT COMMITTEE IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND HAS BEEN CALLED TO ACTIVE DUTY IN CONNECTION WITH THE CONFLICT WITH IRAQ OR THE WAR ON TERRORISM FOR A PERIOD OF NOT MORE THAN ONE YEAR, THE PUBLIC OFFICIAL MAY DESIGNATE ANOTHER PERSON TO SERVE IN HIS STEAD IN AN INTERIM CAPACITY UNTIL THE ORIGINAL DESIGNEE RETURNS FROM ACTIVE DUTY, AND TO PROVIDE THAT ABSENCES OF THE ORIGINAL DESIGNEE ON THE COMMITTEE BECAUSE OF MILITARY ACTIVATION ARE CONSIDERED EXCUSED ABSENCES.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee polled out H. 3836 favorable:
H. 3836 (Word version) -- Reps. Haskins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn,
AYES
Mescher Holland McConnell Leventis Patterson O'Dell Thomas Hayes Elliott Martin Alexander Richardson Hawkins Reese Short
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee polled out H. 3854 favorable:
H. 3854 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, 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, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT SUPPORT AND GENUINE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS FOR THE SERVICE AND SACRIFICE OF THE BRAVE MEN AND WOMEN OF THE ARMED FORCES OF THE UNTIED STATES SERVING AT HOME, DEPLOYED OVERSEAS, PRESERVING THE PEACE IN FOREIGN LANDS, AND ACTIVELY ENGAGED IN ARMED CONFLICT IN IRAQ; COMMEND THEM FOR THEIR BRAVERY IN THE FACE OF DANGER AND ENDURANCE IN THE FACE OF HARDSHIP, AND THEIR DEVOTION TO DUTY, PROFESSIONALISM, AND TENACITY IN THE ACCOMPLISHMENT OF THEIR MISSION; AND WISH THEM GODSPEED, A RESOUNDING VICTORY OVER THE FORCES OF EVIL, A SAFE AND EARLY RETURN HOME, AND EVERY SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.
AYES
Mescher Holland McConnell Leventis Patterson O'Dell Thomas Hayes Elliott Martin Alexander Richardson Hawkins Reese Short
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 3170 (Word version) -- Reps. Cobb-Hunter and J.H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, COMMONLY KNOWN AS THE "SAFE CHANNEL", RUNNING EASTERLY FROM THE VICINITY OF THE BRICKYARD, THEN NORTHERLY ACROSS LAKE MARION TO THE VICINITY OF ABUND ISLAND IN OR NEAR THE SANTEE NATIONAL WILDLIFE REFUGE, AND THEN NORTHEASTERLY TO THE VICINITY OF THE MOUTH OF WYBOO CREEK, AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS, MARKERS, OR BUOYS.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J.E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J.M. Neal,
Ordered for consideration tomorrow.
Columbia, S.C., April 2, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE
Received as information.
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Whereupon, Senators SETZLER, O'DELL, and BRANTON were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., April 1, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3163 (Word version) -- Reps. Delleney and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY LAW.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 1, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.2, S. 158 by a vote of 14 to 0:
(R2, S. 158 (Word version)) -- Senators Ravenel and Grooms: AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 1, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Initial Appointment, Beaufort County Master-in-Equity, with term to commence February 28, 2003, and to expire June 6, 2003
Curtis L. Coltrane, 10 Walter Thrush Place, Hilton Head, S.C. 29926 VICE Thomas Kemmerlin
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 1, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Initial Appointment, Calhoun County Master-in-Equity, with term to commence August 14, 1997, and to expire August 14, 2003
Thomas P. Culclasure, P. O. Box 183, St. Matthews, S.C. 29135
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 1, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Initial Appointment, Horry County Master-in-Equity, with term to commence July 31, 1997, and to expire March 31, 2003
James Stanton Cross, Jr., P. O. Box 1236, Conway, S.C. 29528
Very respectfully,
Speaker of the House
Received as information.
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.
Returned with concurrence.
Received as information.
S. 535 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEND MR. WILLIAM STARR OF COLUMBIA FOR FOUR DECADES OF DEDICATED SERVICE IN THE FIELD OF MEDIA UPON HIS RETIREMENT AND WISH FOR HIM YEARS OF HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 164 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-545 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS IN THE FRESHWATERS OF
S. 480 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO PROVIDE ADDITIONAL CRITERIA A COUNTY MAY MEET TO BE ELIGIBLE FOR THE ADDITIONAL PURPOSES FOR WHICH LOCAL ACCOMMODATIONS TAX REVENUES MAY BE USED.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 464 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT THE POSITION OF STATE ENGINEER; AND TO AMEND SECTIONS 11-35-310 AND 11-35-830, BOTH AS AMENDED, RELATING TO DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE AND THE DUTIES OF THE STATE ENGINEER, SO AS TO PROVIDE THAT THE POSITION OF STATE ENGINEER MUST BE REGISTERED IN THIS STATE AS EITHER AN ARCHITECT OR A PROFESSIONAL ENGINEER AND TO PROVIDE THAT THE STATE ENGINEER IS AN AT-WILL EMPLOYEE WHO SERVES AT THE PLEASURE OF THE STATE BUDGET AND CONTROL BOARD.
S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFEROR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED OR REJECTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (34-1-reese) proposed by Senator REESE and printed in the Journal of March 13, 2003.
On motion of Senator MARTIN, with unanimous consent, amendment No. 1 was carried over.
Senators KNOTTS and RITCHIE proposed the following amendment (JUD0034.026), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 1, Title 13 of the 1976 Code is amended by adding:
"Section 13-1-25. (A) The monies constituting a fund of any kind used by the department in carrying out a purpose described in Section
(B) In addition to all other required audits, reviews, and reports, by January 1 of each year the director must submit to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the members of the Senate Finance Committee, and the members of the House Ways and Means Committee a detailed written report of all expenditures for each fund during the previous calendar year. This report must include an explanation of the specific purpose of each expenditure including recreational or entertainment purposes. Expenditures made pursuant to negotiations with an industry or business and which are ongoing as of December 31 of the previous year may be excluded from that calendar year's report and reported the following January or January of the year following public announcement by the company."
SECTION 2. Section 13-1-1720(A)(4) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development. Funds from foundation grants and private funds used for these purposes are public monies, notwithstanding their private source, and must be treated like public monies. These monies are subject to all accountability requirements governing public monies, including compliance with the South Carolina Consolidated Procurement Code, unless exempt by formal approval of the State Budget and Control Board. These monies are also subject to all disclosure requirements governing public monies, unless exempt by Section 30-4-40;"
SECTION 3. Chapter 4, Title 30 of the 1976 Code is amended by adding:
"Section 30-4-55. A public body as defined by Section 30-4-20(a), or a person or entity employed by or authorized to act for or on behalf of a public body, that undertakes to attract business or industry to invest or locate in South Carolina by offering incentives that require the expenditure of public funds or the transfer of anything of value or that
(a) the offered incentive or expenditure is accepted, and
(b) the project has been publicly announced or any incentive agreement has been finalized, whichever occurs later.
The fiscal impact disclosure must include a cost-benefit analysis that compares the anticipated public cost of the commitments with the anticipated public benefits. Notwithstanding the requirements of this section, information that is otherwise exempt from disclosure under Section 30-4-40(a)(1), (a)(5)(c), and (a)(9) remains exempt from disclosure."
SECTION 4. Section 30-4-40(a)(1) of the 1976 Code is amended to read:
"(1) Trade secrets, which are defined as unpatented, secret, commercially valuable plans, appliances, formulas, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person and which are generally recognized as confidential; , and work products, in whole or in part collected or produced for sale or resale, and paid subscriber information. Trade secrets also include, for those public bodies who market services or products in competition with others, feasibility, planning, and marketing studies, marine terminal service and non-tariff agreements, and evaluations and other materials which contain references to potential customers, competitive information, or evaluation."
SECTION 5. Section 30-4-40(a)(9) of the 1976 Code is amended to read:
"(9) Memoranda, correspondence, documents, and working papers relative to efforts or activities of a public body and of a person or entity employed by or authorized to act for or on behalf of a public body to attract business or industry to invest within South Carolina.; however, an incentive agreement made with an industry or business: (1) requiring the expenditure of public funds or the transfer of anything of value, (2) reducing the rate or altering the method of taxation of the business or industry, or (3) otherwise impacting the offeror fiscally, is not exempt from disclosure after:
(a) the offer to attract an industry or business to invest or locate in the offeror's jurisdiction is accepted by the industry or business to whom the offer was made; and
(b) the public announcement of the project or finalization of any incentive agreement, whichever occurs later."
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
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.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator GREGORY proposed the following amendment (3041R001.CKG), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 26 and inserting:
/ shirt, coat, or vest, the color of which is comprised of solid international orange or at least forty percent visible international orange. This /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 530 (Word version) -- Senators Giese, Kuhn, Knotts, Hayes, Peeler, Ritchie, Ryberg, Mescher, Branton, Alexander, Elliott, Moore, Waldrep, Thomas, Holland, Matthews, Pinckney, Patterson, Verdin, Courson, Leatherman, Short, Fair and Gregory: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
Senator HUTTO argued contra to the third reading of the Bill.
Senators KNOTTS and KUHN spoke on the Bill.
Senator HUTTO objected to further consideration of the Bill.
S. 90 (Word version) -- Senators Hayes, Ravenel, Reese and Rankin: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS A MEDIATOR OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF
On motion of Senator PINCKNEY, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 208 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND VARIOUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR COMPREHENSIVE REFORM TO THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (JUD0208.004) proposed by Senator RICHARDSON and previously printed in the Journal of Tuesday, April 1, 2003.
On motion of Senator RYBERG, with unanimous consent, Amendment No. 1 was carried over.
Senator McCONNELL proposed the following amendment (JUD0208.005), which was adopted:
Amend the bill, as and if amended, page 26, line 30, in Section 58-3-145, as contained in SECTION 4, by inserting therein the following:
/ (I) Any decision of an administrative law judge pursuant to this section shall be considered interlocutory in nature and is not immediately appealable until a final order of the commission has been issued. Any appeal of a decision of an administrative law judge pursuant to this section must be included in and made in the same manner as an appeal of the final order of the commission in the subject proceeding. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following amendment (JUD0208.010), which was adopted:
Amend the bill, as and if amended, page 26, beginning on line 1, in Section 58-3-145(F), as contained in SECTION 4, by striking lines 1 through 4 and inserting therein the following:
/ of Section 58-3-140. The judge also must impose sanctions in accordance with subsection (G). In imposing these sanctions, the judge, as a matter of equity, must protect the rights and interests of parties who are not alleged to have violated Section 58-3-140 and /.
Amend the bill further, as and if amended, page 26, line 32, in Section 58-3-150, as contained in SECTION 4, by inserting / or retained / after /employed/.
Amend the bill further, as and if amended, page 30, line 3, in Section 58-3-540, as contained in SECTION 5, by inserting after /committee/ the following:
/ and payable by the authorities from which they are appointed /.
Amend the bill further, as and if amended, page 31, line 13, in Section 58-3-580, as contained in SECTION 5, by striking /2003/ and inserting therein / 2004 /.
Amend the bill further, as and if amended, page 31, line 27, in Section 58-3-580, as contained in SECTION 5, by striking /2003/ and inserting therein / 2004 /.
Amend the bill further, as and if amended, page 32, line 9, in Section 58-4-10, as contained in SECTION 6, by striking /plants/ and inserting / facilities /.
Amend the bill further, as and if amended, page 38, beginning on line 22, in SECTION 7, by striking lines 22 through 27 and inserting therein the following:
/ SECTION 7. On or before January 1, 2004, the Code Commissioner must prepare and deliver to the Public Service Commission and Office of Public Staff Review Committee, all code references and other references and provisions in Title 58 which he considers in need of correction or modification as a result of the provisions of this act. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over in the status of Interrupted Debate.
Having received a favorable report from the Calhoun County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Calhoun County Master-in-Equity, with term to commence August 14, 1997, and to expire August 14, 2003
Thomas P. Culclasure, P. O. Box 183, St. Matthews, S.C. 29135
Having received a favorable report from the Beaufort County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Beaufort County Master-in-Equity, with term to commence February 28, 2003, and to expire June 6, 2003
Curtis L. Coltrane, 10 Walter Thrush Place, Hilton Head, S.C. 29926 VICE Thomas Kemmerlin
Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Horry County Master-in-Equity, with term to commence July 31, 1997, and to expire March 31, 2003
James Stanton Cross, Jr., P. O. Box 1236, Conway, S.C. 29528
Having received a favorable report from the Cherokee County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Mike Clary, 408 Grace Street, Gaffney, S.C. 29340 VICE T. Scott Ramsey
Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Tressa M. Ramsey, P. O. Box 2267, Gaffney, S.C. 29340
On motion of Senator McCONNELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Committee on Medical Affairs, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Alcohol and Other Drug Abuse Services, with term coterminous with Governor
Willie Lee Catoe, 9813 Highgate Road, Columbia, S.C. 29223 VICE Rick Wade
Having received a favorable report from the Committee on Fish, Game and Forestry, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Parks, Recreation and Tourism, with term coterminous with Governor
Chandler C. Prosser, 697 Wedgewood Drive, Murrells Inlet, S.C. 29576 VICE John K. Durst
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Wylie Roddey of Rock Hill, S.C.
At 4:14 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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