Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT, the Honorable André Bauer.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of Moses to his people recorded in Deuteronomy, Chapter 1, verse 6: "The Lord spoke to us at Horeb, saying, 'You have stayed long enough at this mountain. Resume your journey and go into the hill country of the Amorites...'."

Let us pray.

Father, we give you thanks for the life, the labor and the influence in our State of Senator JAMES WADDELL! We thank you for the life and love of Mrs. Margaret Frances Taylor, mother-in-law of Senator NIKKI SETZLER.

We thank you for the inspiration of yesterday's celebrations... the beautiful music... the thrilling sounds of the bagpipes... the bands... the words of wisdom and the calls to vision and duty!

Moses would tell us it is time to get going on the challenges that lie ahead of us. So, "Lead on, O King Eternal, till sins fierce war shall cease!"
Amen.

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

The Honorable Robert L. Peeler
President of the S. C. Senate
The State House
Columbia, SC 29201

The Honorable Glenn F. McConnell
President Pro Tempore, S. C. Senate
The State House
Columbia, SC 29201

Gentlemen:

I am hereby vetoing and returning to the Senate R. 292 (S. 963), a Bill relating to penalties imposed for unlawfully passing a stopped school bus. While the Bill's goal of expediting the adjudication of cases in the court system by mandating exclusive magistrate court jurisdiction for school bus passing violations is a legitimate one, the legislation is flawed.

This Bill requires that a driver of a vehicle who violates Section 56-5-2770(a) or (e) be tried exclusively in magistrate's court rather than in the Court of General Sessions. Because there may be additional related charges against that same driver, however, adjudication of some charges may be mandated in General Sessions Court. Concurrent jurisdiction would seem to be a better approach.

In addition, this Bill lessens the penalty that may be imposed for a second offense of the crime of unlawfully passing a stopped school bus if the second violation occurs more than five years after the first one. I must oppose any measure that reduces the penalty for such a serious offense.

Sincerely,
/s/ Jim Hodges

R. 292, S. 963 (Word version) -- Senator Martin: AN ACT TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO PROVIDE THAT A FIRST OFFENSE VIOLATION OF THE PROVISIONS THAT PROVIDE THAT IT IS UNLAWFUL TO PASS A STOPPED SCHOOL BUS MUST BE TRIED IN MAGISTRATE'S COURT, AND PROVIDE A DEFINITION FOR PRIOR OFFENSES.

The veto of the Governor was taken up for immediate consideration.

Senator MARTIN moved that the veto of the Governor be sustained.

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 not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.

I moved to sustain the veto of the Governor on R. 292, S. 963. A similar provision was passed and became effective on July 20, 2002.

Senator MOORE rose for an Expression of Personal Interest.

Mr. PRESIDENT and members of the Senate, I know that the Clerk is furnishing every office with Senator WADDELL's arrangements and you may already know that visitation will be held at the Dunbar Street Funeral Home on Devine Street this Friday from 6:00 p.m. to 8:00 p.m. There will be a memorial service at 10:00 a.m. on Saturday at Eastminster Presbyterian Church, and the burial will be in the National Cemetery in Beaufort. There is no listing on the official arrangements, but I think he is being cremated, and this will just be a memorial service at 10:00 a.m. on January 18, 2003, at Eastminster Presbyterian on Trenholm Road.

I know many of us remember the tough times when Senator WADDELL was Chairman of the Senate Finance Committee. Fortunately for Senator WADDELL and us, he did not have the terrible financial condition in which we find ourselves right now, but he probably had as difficult or more difficult time because he had to referee between JACK LINDSEY and ALEX MACAULAY. Senator WADDELL was, as the Senator from Greenwood knows, a World War II Veteran; he was a consummate gentleman to all of us. He helped us through a lot of perilous times and exhibited leadership as chairman. He was very low key and very soft. I guess he had to be because JACK LINDSEY would not let him say too much at times. I remember our budget process one year in specific. As you will recall, the budget process at that time was not presenting a conference report at one minute and within ten minutes approving it as we all rush out of here. This year that I remember was one of those times that I ended up on the conference committee. I do not remember the year, but we went through the process and I think that we spent about 35 or 40 days, and we finally, even though the press was not pleased, threw our hands up and said "WADDELL and LINDSEY, you go balance the budget and come back and tell us."

Senator WADDELL was very kind and generous to every Senator. He extended friendship and courtesy to everybody. We will sorely miss him. I know he had some tough times in his last days with his health and I know others my have some comments, but I would like, upon this conclusion, for the Senate to have a moment of silence for him.

The Senate rose for a moment of silence in honor of Senator WADDELL.

Senator DRUMMOND rose for an Expression of Personal Interest.

I know most of you served with Senator WADDELL. One of the things that he did and should get a lot of credit for is being Chairman of the Committee on Fish, Game and Forestry. He did a lot to preserve the environment of this State. He set the example and I inherited the position when he retired and all of you know what a tough position it was. Senator WADDELL was a dedicated South Carolinian and he was a Senator. He taught all of us something. He said, "Everyone of us should live so when we are not in this world again, people will remember that we were Senators and that there is more expected of us as Senators" -- probably more than any other office in South Carolina. We have a great legacy and we have a great future for this State. We've taken on new leadership. I spoke to the Governor two weeks after he was elected and I assured him that I know that this side of the aisle, and I feel sure that the other side of the aisle, will work with him to do what we can to better this State. I'm not going to say that we will agree with everything that he brings into this Chamber, but we'll treat him with respect, because he is now the Chief Executive of this State. I told him, "I've served under nine Governors -- five Democrats and four Republicans. I've supported both parties on both sides of the aisle, because once you are elected, you are my Governor. We're going to assist you in any way we can and we're going to still be Senators of this State and don't ever forget that." We have the duty and we have the honor given to us by all the people of the State. Let's act that way and let the Governor know the Senate will give absolutely all the power we can to him and we won't forget that. Senator WADDELL is not with us anymore. I've been here for 38 years and he was here when I came to the Senate. We have an obligation and we have a duty to perform and let's don't forget it.

Thank you.

Senator COURSON rose for an Expression of Personal Interest.

Senator WADDELL was a constituent of mine in Richland County. He was a good Democratic bud. He may have crossed over and even voted for me. I am not sure about that. I was reminded yesterday of one of Governor Edwards' favorite sayings, when the Senator from Charleston, Senator GLENN McCONNELL, and I had an opportunity to spend some time with Governor James Edwards and Governor Carroll Campbell. When Governor Edwards served in this body from 1972-1974, before becoming Governor, he and Senator WADDELL developed a very close relationship. He and Senator WADDELL were on a dove hunt together in Hampton County. In front of a large crowd at a dinner afterwards, Senator WADDELL observed that Governor Edwards was the first Republican Governor since Reconstruction. He then proceeded to introduce Jim Edwards as his friend but also the first mistake South Carolina had made in 100 years. Governor Edwards still tells that story today and does so with a huge sense of humor. I remember Senator WADDELL as having a great sense of humor and a great sense of fairness.

Senator RICHARDSON rose for an Expression of Personal Interest.

Thank you, ladies and gentlemen.

I would be remiss if I didn't say a few words about Senator JIM [WADDELL]. He was a great guy. I think the thing that impressed me most, and I think most of you all, especially those of you who served with him would agree, was that great twinkling smile he had. You knew when he had something he was getting ready to say, something really important, or really funny; it was just all over his face. You knew it was coming and you just couldn't wait for him to say it. He was a good man and he built a great legacy for Beaufort County. I think all of us serving here know that, when we come to this Chamber and we sit in a seat, it doesn't belong to us but belongs to the people of

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

Mr. PRESIDENT and ladies and gentlemen of the Senate, I'd like to have your attention for a moment.

I feel like I need to say a few words for JIM WADDELL, too. I served with him for so many years and I remember him so pleasantly and I remember his kindnesses to me when I was a young freshman Senator. He helped me with so many things and later on, I helped him. I was in some of those weekend meetings with him that y'all talked about where we balanced the budget. We had to do the cutting and then come back on Tuesday and pass the budget.
Now I want to say I especially welcome our new Lieutenant Governor. Our good Lieutenant Governor, you're going to have to start hitting that gavel and tell these boys to 'be quiet.' I want them to hear what I have to say. And I am going to brag on you a little bit. I am proud of our new Lieutenant Governor and I believe he's going to make an extra good Lieutenant Governor. He's the hardest working campaigner I ever saw. He has written more letters and signed them himself more than anyone has in the history of South Carolina. André, I want you to know that I am proud of you and I intend to help you in every way I can.

Lt. Governor: "Thank you, Senator."
Senator SMITH: "Put your hand out here and shake mine."

On motion of Senator LEATHERMAN, with unanimous consent, the remarks by Senators MOORE, DRUMMOND, COURSON, RICHARDSON and J. VERNE SMITH were ordered printed in the Journal.

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

Document No. 2737
Agency: Department of Natural Resources
SUBJECT: Wildlife Management Area Regulations
Received by Lieutenant Governor January 15, 2003
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration May 24, 2003

Document No. 2798
Agency: Board of Education
SUBJECT: Procedures and Standards for Review of Charter School Applications
Received by Lieutenant Governor January 15, 2003
Referred to Education Committee
Legislative Review Expiration May 24, 2003

Document No. 2805
Agency: Department of Insurance
SUBJECT: Exempt Commercial Policies
Received by Lieutenant Governor January 15, 2003
Referred to Banking and Insurance Committee
Legislative Review Expiration May 24, 2003

The following were introduced:

S. 191 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS FROM THIRTY DOLLARS TO FIFTY DOLLARS.
l:\s-res\jym\006chec.grp.doc

Read the first time and referred to the Committee on Banking and Insurance.

S. 192 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-35 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2003, THE ACTIVITIES UNDER THE JURISDICTION OF THE SOUTH CAROLINA HIGH SCHOOL LEAGUE SHALL COME UNDER THE JURISDICTION OF THE STATE SUPERINTENDENT OF EDUCATION.
l:\council\bills\gjk\20084sd03.doc

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

S. 193 (Word version) -- Senators McConnell and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3395 SO AS TO ALLOW A TAX CREDIT AGAINST THE STATE INCOME TAX OF FIFTEEN PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO A LONG-TERM CARE INSURANCE CONTRACT, UP TO THREE HUNDRED FIFTY DOLLARS FOR EACH TAXABLE YEAR FOR EACH CONTRACT, AND TO PROHIBIT A DOUBLE BENEFIT.
l:\council\bills\pt\1175mm03.doc

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

S. 194 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO DELETE FROM THE DEFINITION OF "EMPLOYEE" THE EXCLUSION FROM COLLEGE WORK-STUDY STUDENTS AND GRADUATE ASSISTANTS.
l:\council\bills\ggs\22659htc03.doc

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

S. 195 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM THE SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION FROM TAXABLE INCOME ON ALL AMOUNTS RECEIVED FROM ALL PUBLIC EMPLOYEE RETIREMENT PLANS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS, INCLUDING MILITARY

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

S. 196 (Word version) -- Senators Reese and Setzler: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX ON THE FIRST ONE HUNDRED THOUSAND DOLLARS OF FAIR MARKET VALUE OF A RESIDENCE OWNED AND OCCUPIED AS A LEGAL RESIDENCE BY A PERSON WHO HAS ATTAINED THE AGE OF SIXTY-FIVE YEARS OR WHO IS TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO INCREASE THE AMOUNT EXEMPTED TO ONE HUNDRED THOUSAND DOLLARS AND TO DELETE OBSOLETE PREMIUMS AND TO AMEND ACT 406 OF 2000, RELATING TO SUPPLEMENTAL APPROPRIATIONS, THE HOMESTEAD EXEMPTION, AND THE SOUTH CAROLINA SENIORS PRESCRIPTION DRUG PROGRAM ACT, SO AS TO DELETE LANGUAGE MADE OBSOLETE BY THE AMENDMENT TO SECTION 12-37-250 MADE BY THIS ACT.
l:\council\bills\ggs\22716htc03.doc

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

S. 197 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW STUDENTS COMPLETING THREE OF THE FINAL FOUR YEARS OF HIGH SCHOOL IN SOUTH CAROLINA TO BE ELIGIBLE FOR THE LIFE SCHOLARSHIP IF ALL OTHER QUALIFICATIONS ARE MET AND TO AMEND SECTION 12-6-3385 SO AS TO ALLOW STUDENTS A REFUNDABLE TAX CREDIT IF THEY COMPLETE THREE OF THE FINAL FOUR YEARS OF HIGH SCHOOL IN SOUTH CAROLINA IF ALL OTHER REQUIREMENTS ARE MET.
l:\s-resmin\bills\hutto\smin0029.cbh.doc

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

S. 198 (Word version) -- Senators Reese and Ford: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX

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

S. 199 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES SHALL BE POPULARLY ELECTED FROM STATE SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT; AND TO REPEAL SECTION 20-7-1410 OF THE 1976 CODE RELATING TO THE NUMBER OF FAMILY COURT JUDGES ASSIGNED TO EACH JUDICIAL CIRCUIT.
l:\council\bills\gjk\20017sd03.doc

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

S. 200 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 1-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT CIRCUIT COURTS AND PREPARATION OF DOCKETS, SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR CIRCUIT COURT RATHER THAN THE CIRCUIT SOLICITOR IS RESPONSIBLE FOR DETERMINING THE ORDER OF CASES FOR THE GENERAL SESSIONS DOCKETS.
l:\council\bills\bbm\9319zw03.doc

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

S. 201 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-367 SO AS TO MAKE IT UNLAWFUL TO COMMUNICATE PROFANITY IN A PUBLIC FORUM OR PLACE OF PUBLIC ACCOMMODATION; BY ADDING SECTION 16-15-427 SO AS TO DEFINE THE FELONY OFFENSE OF DISSEMINATING PROFANITY TO A MINOR AND PROVIDE A PENALTY; TO AMEND SECTION 16-15-305, AS AMENDED, RELATING TO DISSEMINATING OBSCENITY, SO AS TO SPECIFY BOTH ORAL AND WRITTEN PUBLICATION; AND TO AMEND SECTION 16-

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

S. 202 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 61-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION AND ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL ACT AND THE ADMINISTRATION AND ENFORCEMENT OF LAWS AND REGULATIONS RELATING TO BEER, ALE, PORTER, AND WINE, SO AS TO PROVIDE THAT THE ADMINISTRATION AND ENFORCEMENT OF THESE LAWS IS RESERVED TO THE STATE AND TO PROVIDE THAT LOCAL ORDINANCES ATTEMPTING TO REGULATE THESE MATTERS ARE UNENFORCEABLE, AND TO AMEND SECTION 61-4-120, RELATING TO THE PROHIBITION ON SUNDAY BEER AND WINE SALES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT BEER AND WINE MAY BE SOLD OR OFFERED FOR SALE AT ALL HOURS EXCEPT THOSE HOURS WHEN SUCH SALES ARE PROHIBITED BY STATE LAW AND TO PROVIDE THAT CONFLICTING COUNTY ORDINANCES ARE UNENFORCEABLE.
l:\council\bills\ggs\22768htc03.doc

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

S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson and Pinckney: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL

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

S. 204 (Word version) -- Senators McConnell and Martin: A BILL TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA LAND USE DISPUTE RESOLUTION ACT" TO PROVIDE RELIEF FOR A PROPERTY OWNER WHEN A SPECIFIC ACTION OF A LOCAL GOVERNMENTAL ENTITY RESULTS IN UNNECESSARY HARDSHIP ON THE USE OF REAL PROPERTY AND PROVIDE PROCEDURES FOR THESE PROCEEDINGS.
l:\s-jud\bills\mcconnell\jud0017.gfm.doc

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

S. 205 (Word version) -- Senator McGill: A BILL TO REPEAL SECTION 7-13-1040, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING IN MORE THAN ONE PARTY PRIMARY ELECTION HELD ON THE SAME DAY.
l:\s-res\jym\005repe.grp.doc

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

S. 206 (Word version) -- Senators McConnell, Ritchie and Richardson: A BILL TO AMEND CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES AND JUSTICES, SO AS TO REPEAL SECTION 2-19-40, RELATING TO THE EXEMPTION OF A PUBLIC HEARING.
l:\s-jud\bills\mcconnell\jud0013.gfm.doc

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

S. 207 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 6-29-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF A COUNTY OR MUNICIPALITY INTO DISTRICTS FOR ZONING PURPOSES, SO AS TO PROVIDE THAT EACH COUNTY OR MUNICIPALITY GOVERNING BODY SHALL ADOPT A ZONING PLAN THAT REGULATES THE LOCATION OF A PUBLIC OR PRIVATE FACILITY THAT IS LICENSED AND REGULATED BY THE STATE, AND THE PLAN MUST INCLUDE GUIDELINES FOR DETERMINING THE

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

S. 208 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFICERS WHO ARE SUBJECT TO REMOVAL BY THE GOVERNOR, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE OFFICE OF PUBLIC STAFF; BY ADDING SECTION 8-13-935 SO AS TO REVISE THE PROCEDURES APPLICABLE TO CANDIDATES FOR THE PUBLIC SERVICE COMMISSION WHO SEEK THE PLEDGE OF A MEMBER OF THE GENERAL ASSEMBLY; TO AMEND PART 6 OF CHAPTER 6 OF TITLE 37, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS' DIVISION OF CONSUMER ADVOCACY, SO AS TO REVISE THE DIVISION'S JURISDICTION; TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 58, RELATING TO THE GENERAL PROVISIONS APPLICABLE TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-5 SO AS TO PROVIDE DEFINITIONS, AND, AMONG OTHER THINGS, REVISE THE QUALIFICATIONS APPLICABLE TO CANDIDATES FOR THE COMMISSION, STAGGER THE TERMS OF MEMBERS OF THE COMMISSION, PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY OR AN IMMEDIATE FAMILY MEMBER OF A MEMBER OF THE GENERAL ASSEMBLY MAY NOT BE ELIGIBLE FOR ELECTION TO THE PUBLIC SERVICE COMMISSION DURING THE MEMBER'S TERM OF OFFICE AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY; BY ADDING SECTION 58-3-25 SO AS TO PROVIDE THAT A PERSON WHOSE BUSINESS IS REGULATED BY THE COMMISSION MAY NOT SERVE AS A MEMBER OF THE COMMISSION; BY ADDING SECTION 58-3-30 SO AS TO PROVIDE THAT COMMISSIONERS ARE BOUND BY THE CODE OF JUDICIAL CONDUCT; BY ADDING SECTION 58-3-135 SO AS TO ESTABLISH REQUIREMENTS FOR ALL FINAL COMMISSION ORDERS AND DECISIONS; BY ADDING SECTION 58-3-140 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS RELATING TO PROHIBITED AND PERMITTED COMMUNICATIONS BY MEMBERS AND STAFF

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

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.
l:\council\bills\nbd\11132ac03.doc

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

S. 210 (Word version) -- Senators McConnell, Rankin, Anderson, Moore, Holland, Fair, Martin, Leatherman, Peeler, Thomas, Hutto, Setzler and Ford: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.

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

S. 211 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION AND FROM PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THIS PROVISION.
l:\s-res\lam\003hand.mrh.doc

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

S. 212 (Word version) -- Senators Reese and Ford: A BILL TO AMEND SECTION 30-4-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE DEFINITION OF THE TERM "PUBLIC BODY" INCLUDES THE TRANSITION TEAM OF THE GOVERNOR OR STATE CONSTITUTIONAL OFFICER.
l:\council\bills\dka\3142dw03.doc

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

S. 213 (Word version) -- Senator Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-2-13 SO AS TO PROVIDE THAT A MEMBER OF THE SENATE WHO PRACTICES LAW BEFORE A MAGISTRATE MAY NOT PARTICIPATE IN THE SELECTION OF MAGISTRATES.
l:\council\bills\bbm\9296zw03.doc

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

S. 214 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 2-17-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF LOBBYISTS AND TERMINATION OF LOBBYING ACTIVITIES, SO AS TO REQUIRE THAT A LOBBYIST'S REGISTRATION WITH THE STATE ETHICS COMMISSION IS VALID FOR THE ENTIRE CALENDAR YEAR FOR WHICH THE LOBBYIST IS

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

S. 215 (Word version) -- Senators McConnell, Moore and Ford: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS' REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE BALLOT MEASURE FROM THE DEFINITION OF "ELECTION"; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED

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

S. 216 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT ADDITIONAL PROVISIONS OF LAW THAT WOULD FURTHER REGULATE THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH CAN BE EXPECTED TO BE SEEN BY CHILDREN.
l:\council\bills\gjk\20009shl03.doc

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

S. 217 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-13-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE PROVISIONS REGULATING COSMETOLOGY AND COSMETOLOGISTS, SO AS TO ALSO EXEMPT PERSONS AUTHORIZED TO PRACTICE MEDICINE OR OTHER HEALTH-RELATED PROFESSIONS FROM SUCH REGULATION.
l:\council\bills\nbd\11133ac03.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 218 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 40-54-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DEALER'S CIVIL LIABILITY FOR DAMAGES TO THE TRUE OWNER FOR KNOWINGLY PURCHASING STOLEN PRECIOUS METAL, SO AS TO INCLUDE THE PURCHASE OF A PRECIOUS OR SEMIPRECIOUS STONE OR GEM, TO REQUIRE A REASONABLE INQUIRY BY THE DEALER INTO THE TRUE OWNERSHIP OF THE ITEM, AND TO PROVIDE FOR THE ADDITIONAL REMEDY OF IMMEDIATE RETURN OF THE ITEM UPON DEMAND BY THE TRUE OWNER.
l:\council\bills\pt\1171mm03.doc

Read the first time and referred to the Committee on Labor, Commerce and Industry.

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, OR ENFORCING CROSS-CONNECTION CONTROL OR

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

S. 220 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ALLOW YEAR OF MANUFACTURE LICENSE PLATES TO SERVE AS THE OFFICIAL LICENSE PLATES FOR CERTAIN MOTOR VEHICLES.
l:\council\bills\swb\5128cm03.doc

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

S. 221 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE BOAT RAMP LOCATED AT THE INTERSECTION OF HIGHWAY 9 AND HIGHWAY 17 IN HORRY COUNTY THE "T. CRAIG CAMPBELL BOAT LANDING" AND TO INSTALL APPROPRIATE SIGNS CONTAINING THE WORDS "T. CRAIG CAMPBELL BOAT LANDING" ON THE PROPERTY

Senator ELLIOTT spoke on the Resolution.

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

H. 3266 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE HONORABLE CHARLES "CORKEY" PATE OF MCBEE FOR HIS MANY YEARS OF UNSELFISH PUBLIC SERVICE AS THE LONGEST SERVING MAGISTRATE IN THE STATE OF SOUTH CAROLINA, AND EXTEND BEST WISHES TO HIM AND HIS FAMILY UPON HIS RETIREMENT AS MAGISTRATE JUDGE OF CHESTERFIELD COUNTY.

The Concurrent Resolution was adopted and returned to the House.

H. 3282 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT THE ELECTIONS FOR SCHOOL BOARD OF TRUSTEES FOR THE DISTRICTS MUST BE HELD ON THE SECOND TUESDAY OF MARCH INSTEAD OF THE FIRST TUESDAY OF MARCH, IN APPROPRIATE YEARS.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3296 (Word version) -- Reps. Cato, Young, Sandifer, Wilkins, Witherspoon, Quinn, Altman, Bingham, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cotty, Dantzler, Duncan, Edge, Harrison, Haskins, Herbkersman, Hosey, Huggins, Leach, Limehouse, Littlejohn, Loftis, Lucas, Merrill, Owens, Scarborough, Scott, Skelton, D. C. Smith, G. M. Smith, W. D. Smith, Stewart, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker and White: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, JANUARY 28, 2003, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE PUBLIC SERVICE COMMISSION TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRED IN 2002, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING

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

H. 3341 (Word version) -- Rep. Lee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO HEARON CIRCLE "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "MARIN LUTHER KING, JR. MEMORIAL HIGHWAY".

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

Senator McCONNELL moved that, when the Senate adjourns on Friday, January 17, 2003, it stand adjourned to meet in statewide session on Tuesday, January 21, 2003, at 12:00 Noon.

There was no objection and the motion was adopted.

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

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

S. 129 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 192 OF 1995, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY, SO AS TO INCREASE THE COMMISSION FROM SEVEN TO EIGHT AND TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE CHAIRMAN.

On motion of Senator HAYES, S. 129 was ordered to receive a third reading on Friday, January 17, 2003.

S. 188 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 3, 2002, BY THE STUDENTS OF A. R. LEWIS ELEMENTARY SCHOOL IN PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BREAK IN A WATER MAIN 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.

S. 189 (Word version) -- Senators Courson, Knotts, Giese and Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE RONALD F. CONLEY, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, FEBRUARY 25, 2003.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Senator McCONNELL raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

Senators GIESE and ALEXANDER asked unanimous consent to make a motion that their names be added as co-sponsors of S. 189.

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

S. 149 (Word version) -- Senator Moore: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN JOHNSTON, SOUTH CAROLINA TO THE TOWN OF JOHNSTON.

Senator MOORE asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

The Joint Resolution was recalled from the committee.

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

Senator MOORE asked unanimous consent to give the Joint Resolution a second reading.

There was no objection.

The Joint Resolution was read the second time and ordered placed on the third reading Calendar.

On motion of Senator MOORE, with unanimous consent, S. 149 was ordered to receive a third reading on Friday, January 17, 2003.

On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Joseph David "Buddy" Meetze, Jr. of Columbia, S.C., Richland County Councilman, who passed away on December 30, 2002. A life-long resident of the Dutch Fork community, he was the beloved husband of Marguerite and devoted father to three daughters.

Senator McCONNELL moved that, when the Senate adjourns on Friday, January 17, 2003, it stand adjourned to meet next Tuesday, January 21, 2003, at 12:00 Noon, which motion was adopted.

At 11:48 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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