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, Isaiah felt a burden, Chapter 61:1ff:

"The Spirit of the Lord God is upon me... to provide for those who mourn in Zion."
Let us pray.

"O God, our help in ages past, our hope for years to come. Our shelter from the stormy blast, and our eternal home."

We grieve and beseech Your mercy for the families of the seven brave astronauts who perished in the Space Shuttle Columbia, their colleagues in their dreams and all who bear the responsibility for the future of NASA.

Lord, have we overreached our dreams and hopes for space? How limited are mortals in discovery?

Help us not to forget the human needs on earth as we distribute our resources!
Amen.

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

Senator REESE rose for an Expression of Personal Interest.

Senator LEATHERMAN rose for an Expression of Personal Interest.

S. 290 (Word version) -- Senators J. Verne Smith, McConnell, Leatherman, Martin, O'Dell, Drummond and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was added as a co-sponsor of S. 290.

S. 251 (Word version) -- Senator Holland: A BILL TO AMEND ACT 868 OF 1954, AS AMENDED, RELATING TO THE MEMBERSHIP AND POWERS OF THE KERSHAW COUNTY HOSPITAL BOARD, SO AS TO ADD A MEMBER TO THE BOARD WHO MUST BE A PHYSICIAN AND WHO MUST BE APPOINTED BY THE KERSHAW COUNTY LEGISLATIVE DELEGATION UPON THE RECOMMENDATION OF A MAJORITY OF THE LICENSED PHYSICIANS RESIDING IN KERSHAW COUNTY.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Kershaw County Legislative Delegation.

There was no objection.

The Bill was recalled from the Kershaw County Legislative Delegation and ordered placed on the local Calendar.

The Bill was read the second time, passed and ordered to a third reading.

On motion of Senator HOLLAND, S. 251 was ordered to receive a third reading on the next legislative day.

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

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

There was no objection.

The Joint Resolution was recalled from the Committee and ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

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.
l:\council\bills\ggs\22817htc03.doc

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

S. 319 (Word version) -- Senator Short: A BILL TO AMEND SECTION 59-26-30 OF THE 1976 CODE, RELATING TO COGNITIVE ASSESSMENTS FOR TEACHERS AND TEACHER CERTIFICATIONS, TO PROVIDE FOR THE ALLOWANCE OF THE STANDARD ERROR OF MEASUREMENT ON THE AREA EXAMINATIONS SCORES REQUIRED FOR CERTIFICATION TO TEACH.
l:\s-res\lhs\004prax.mrh.doc

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

S. 320 (Word version) -- Senators Hayes, Branton, Hawkins and Leventis: A JOINT RESOLUTION TO AUTHORIZE THE ADJUTANT GENERAL'S OFFICE TO FURLOUGH STATE-FUNDED FTE'S DURING FISCAL YEAR 2002-2003 UNDER SPECIFIC CONDITIONS.
l:\council\bills\bbm\9418zw03.doc

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

S. 321 (Word version) -- Senator Verdin: A BILL TO AMEND SECTIONS 9-11-40, 9-11-80, AND 9-11-90, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRELATION OF MEMBERSHIP IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND RETURN TO ACTIVE SERVICE WHEN RETIRED UNDER THIS SYSTEM, SO AS TO ALLOW A MEMBER TO RECEIVE DISABILITY RETIREMENTS WHILE WORKING IN THESE CORRELATED SYSTEMS, TO ELIMINATE THE EARNINGS LIMITATION APPLICABLE TO DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND EXEMPT DISABILITY RETIREMENT BENEFICIARIES WHO RETURN TO COVERED EMPLOYMENT FROM THE SERVICE RETIREMENT EARNINGS LIMITATIONS, TO PROVIDE THAT DISABILITY BENEFITS ARE DISCONTINUED ONLY IF THE MEDICAL BOARD FINDS THAT A BENEFICIARY IS ABLE TO RETURN TO GAINFUL EMPLOYMENT IN THE SAME OR A SUBSTANTIALLY SIMILAR OCCUPATION TO THE ONE FOR WHICH THE MEMBER WAS DETERMINED TO BE DISABLED AND ELIMINATE PROVISIONS FOR PARTIAL REDUCTION IN BENEFITS, AND TO PROVIDE THAT A BENEFICIARY WHEN RETURNING TO COVERED EMPLOYMENT IS NOT A MEMBER OF THE SYSTEM.
l:\council\bills\ggs\22812htc03.doc

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

S. 322 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW A MEMBER OF THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT AND HIS ELIGIBLE DEPENDENTS TO PARTICIPATE IN THE PLANS UPON PAYING THE FULL PREMIUM COST OF THEIR COVERAGE, AND TO PROVIDE THAT THE GOVERNING BOARD SHALL ELECT WHETHER OR NOT TO PARTICIPATE IN THESE PLANS THROUGH THE STATE SYSTEM AND, IF SO, ALL BOARD MEMBERS DESIRING THIS COVERAGE MUST PARTICIPATE.
l:\council\bills\gjk\20150sd03.doc

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

S. 323 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY.
l:\council\bills\swb\5177cm03.doc

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

S. 324 (Word version) -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS; TO PROVIDE FOR CERTAIN COMMITTEE MEETINGS, AND TO DELETE CERTAIN OBSOLETE LANGUAGE; AND PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ADJOURNMENT, BY DELETING SECTION 21 WHICH PROVIDES THAT NEITHER HOUSE OF THE GENERAL ASSEMBLY SHALL, WITHOUT THE CONSENT OF THE OTHER, ADJOURN FOR MORE THAN THREE DAYS.
l:\s-jud\bills\mcconnell\jud0034.gfm.doc

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

S. 325 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 14-25-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MUNICIPAL COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; TO AMEND SECTION 18-3-30, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MAGISTRATE'S COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; AND TO AMEND SECTION 22-3-1000, AS AMENDED, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT, SO AS TO CLARIFY THAT THE SECTION ONLY APPLIES TO CIVIL MATTERS.
l:\council\bills\bbm\9417zw03.doc

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

S. 326 (Word version) -- Senator McConnell: A BILL TO AMEND THE SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR A SINE DIE RECESS DATE, TO CHANGE THE DATE OF SINE DIE ADJOURNMENT, TO PROVIDE CONDITIONS UNDER WHICH THE GENERAL ASSEMBLY MUST RECONVENE, AND TO PROVIDE CONDITIONS UNDER WHICH THE GENERAL ASSEMBLY MAY RECONVENE; AND TO AMEND SECTION 11-9-890, RELATING TO THE ACTION BY THE BUDGET AND CONTROL BOARD TO AVOID YEAR-END DEFICITS, SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO TAKE ACTION TO AVOID A YEAR-END DEFICIT WHEN QUARTERLY REVENUE COLLECTIONS AT THE END OF THE FIRST OR SECOND QUARTER OF ANY FISCAL YEAR ARE TWO PERCENT, RATHER THAN FOUR PERCENT, OR MORE BELOW THE AMOUNT PROJECTED BY THE BOARD OF ECONOMIC ADVISORS.
l:\s-jud\bills\mcconnell\jud0035.gfm.doc

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

S. 327 (Word version) -- Senators J. Verne Smith, Alexander and Hayes: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-250 SO AS TO PROVIDE THE PUBLIC SERVICE COMMISSION WITH THE AUTHORITY TO ISSUE FINES AND SEEK INJUNCTIONS FOR FAILURE TO COMPLY WITH STATUTES, REGULATIONS, OR ORDERS OF THE COMMISSION.
l:\s-res\jvs\002publ.spl.doc

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

S. 328 (Word version) -- Senator Elliott: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD, AND TO PROVIDE THAT, IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.
l:\s-jud\bills\elliott\jud0033.de.doc

Senator ELLIOTT spoke on the Bill.

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

S. 329 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 31-12-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE FEDERAL DEFENSE FACILITIES REDEVELOPMENT LAW, SO AS TO PROVIDE FOR A MUNICIPALITY AS A PART OF THE "AREA OF OPERATION" ENTITLED TO REPRESENTATION ON A REDEVELOPMENT AUTHORITY; TO AMEND SECTION 31-12-40, AS AMENDED, RELATING TO THE CREATION OF A REDEVELOPMENT AUTHORITY, SO AS TO PROVIDE FOR THE MEMBERSHIP COMPOSITION OF A REDEVELOPMENT AUTHORITY CONTROLLING PROPERTY WITHIN A FEDERALLY DEFINED METROPOLITAN STATISTICAL AREA (MSA) LYING WITHIN THE BOUNDARIES OF A MUNICIPALITY, TO REQUIRE RESTRUCTURING OF A NONCOMPLYING AUTHORITY, TO PROVIDE THAT A NEWLY CREATED OR RESTRUCTURED AUTHORITY IS A CREATION OF THE MUNICIPALITY AND NOT THE STATE, TO CONFER UPON THE NEW OR RESTRUCTURED AUTHORITY ALL THE SEPARATE AND DISTINCT POWERS OF OTHER REDEVELOPMENT AUTHORITIES, TO PROVIDE THAT THE NEW OR RESTRUCTURED ENTITY IS NOT A STATE AGENCY FOR, AMONG OTHER THINGS, PURPOSES OF LEASING OF, ACQUISITION OF TITLE TO, AND OTHER TRANSACTIONS INVOLVING REAL PROPERTY AND COMPLIANCE WITH THE CONSOLIDATED PROCUREMENT CODE, AND TO REQUIRE THE NEW OR RESTRUCTURED AUTHORITY TO INDEMNIFY THE STATE AGAINST LOSSES ARISING OUT OF ITS TRANSACTIONS OR ITS LIABILITIES; TO AMEND SECTIONS 31-12-50 AND 31-12-100, BOTH AS AMENDED, RELATING TO MEMBERSHIP TERMS AND DISSOLUTION OF A REDEVELOPMENT AUTHORITY, RESPECTIVELY, BOTH SO AS TO CONFORM THEM TO CHANGES IN SECTION 31-12-40; TO AMEND SECTIONS 31-12-210 AND 31-12-270, BOTH AS AMENDED, RELATING TO ISSUANCE OF OBLIGATIONS AND DISPOSITION OF FUNDS BY A MUNICIPALITY, SO AS TO CONFORM THE TIME LIMIT TO FIFTEEN YEARS FROM THE DATE THE AUTHORITY IS RESTRUCTURED AND CEASES TO BE A CREATION OF THE STATE; TO AMEND SECTION 31-12-290, AS AMENDED, RELATING TO A SPECIAL TAX ALLOCATION FUND, SO AS TO PROVIDE THAT UNEXPENDED REDEVELOPMENT COSTS ARE NOT SURPLUS FUNDS SUBJECT TO DISTRIBUTION; TO AMEND SECTION 31-12-300, AS AMENDED, RELATING TO CERTIFICATION OF THE ASSESSED VALUE OF THE TAXABLE PROPERTY IN A PROJECT AREA AND DETERMINATION OF PERCENTAGES REPRESENTING EACH TAXING DISTRICT, SO AS TO PROVIDE THAT THE VALUE BE DETERMINED AS OF THE AUTHORITY'S ORIGINAL CREATION OR THE DATE THE PROPERTIES WERE SCHEDULED FOR DISPOSAL, WITHOUT REGARD TO RESTRUCTURING; TO AMEND SECTION 61-4-510, AS AMENDED, RELATING TO DISTRIBUTION OF FEES FROM BEER AND WINE PERMITS, SO AS TO PROVIDE FOR A SPECIAL FUND TO SUPPORT A FEDERAL DEFENSE FACILITIES REDEVELOPMENT AUTHORITY; AND TO PROVIDE FOR TRANSITIONAL OPERATION OF AN EXISTING FEDERAL DEFENSE FACILITIES REDEVELOPMENT AUTHORITY.
l:\council\bills\pt\1104mm03.doc

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

S. 330 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL, SO AS TO PROVIDE THAT THESE PROVISIONS APPLY TO ANY PERSON AS WELL AS THOSE INDIVIDUALS DESIGNATED ABOVE AND TO MAKE TECHNICAL CHANGES IN THE SECTION.
l:\council\bills\gjk\20125sd03.doc

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

S. 331 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 61-6-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES BEING LOCATED WITHIN A SPECIFIED DISTANCE OF ANY CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO INCLUDE PUBLIC LIBRARIES WITHIN THIS PROHIBITION, TO DEFINE PUBLIC LIBRARIES FOR THIS PURPOSE, AND TO FURTHER PROVIDE FOR THOSE LOCATIONS TO WHICH THESE RESTRICTIONS DO NOT APPLY.
l:\s-res\ngs\001libr.mrh.doc

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

S. 332 (Word version) -- Senator Reese: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP A PREFERRED PRESCRIPTION DRUG LIST FOR DISTRIBUTION TO HEALTH CARE PROVIDERS SERVING MEDICAID PATIENTS.
l:\council\bills\nbd\11189ac03.doc

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

S. 333 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN MAY NOT OPERATE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR ANOTHER WIRELESS COMMUNICATIONS DEVICE, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS PROVISION.
l:\council\bills\swb\5162cm03.doc

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

S. 334 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON AUGUST 9, 2002, BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL, TAMASSEE-SALEM MIDDLE SCHOOL, AND TAMASSEE-SALEM HIGH SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO WATERLINE PROBLEMS 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.
l:\council\bills\gjk\20164sd03.doc

Read the first time and, on motion of Senator ALEXANDER, with unanimous consent, S. 334 was ordered placed on the Calendar without reference.

S. 335 (Word version) -- Senators Peeler and Giese: A SENATE RESOLUTION TO PROCLAIM THE MONTH OF MARCH 2003 AS NATIONAL ATHLETIC TRAINING MONTH IN SOUTH CAROLINA AND TO COMMEND THE ATHLETIC TRAINING PROFESSION FOR ITS ROLE IN PROVIDING QUALITY CARE TO ATHLETES AND OTHERS ENGAGING IN PHYSICAL ACTIVITY.
l:\council\bills\nbd\11199ac03.doc

The Senate Resolution was adopted.

S. 336 (Word version) -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE THE MIDLAND VALLEY HIGH SCHOOL STUDENTS, FACULTY, AND STAFF FOR THEIR GENEROSITY EXHIBITED BY THE ANNUAL FUNDRAISER FOR THE VALLEY EMPTY STOCKING FUND.
l:\council\bills\gjk\20153sl03.doc

The Senate Resolution was adopted.

S. 337 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE MEGAN MARIE DOOLEY OF LEXINGTON, SOUTH CAROLINA, UPON WINNING THE COVETED CROWN AND TITLE OF THE "SOUTH CAROLINA HOMECOMING QUEEN" IN THE AMERICA'S HOMECOMING QUEEN COMPETITION IN JULY 2002, AND TO WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
l:\s-res\jmk\002dool.mrh.doc

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

S. 338 (Word version) -- Senators Ritchie, Setzler, Martin, Grooms, Leatherman, Mescher, Glover, Hayes, Courson, Giese, McGill, Reese, Hutto, Waldrep, Verdin, Matthews, Patterson, Moore and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 59-5-71 RELATING TO A STATEWIDE SCHOOL BEGINNING DATE.
l:\council\bills\pt\1210mm03.doc

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

S. 339 (Word version) -- Senators Waldrep, Alexander, Leatherman, Land, Hutto and O'Dell: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO CREATE A PRESUMPTION THAT A CARDIAC INCIDENT OCCURRING IN LAW ENFORCEMENT OFFICERS UNDER CERTAIN CONDITIONS AROSE OUT OF THE COURSE OF EMPLOYMENT.
l:\council\bills\nbd\11206ac03.doc

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

H. 3344 (Word version) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J. E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W. D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker, Limehouse, Hagood, Toole, Hinson, Loftis, Weeks, Clemmons, Owens and McLeod: 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.

H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

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

H. 3454 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, 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 Agriculture and Natural Resources.

H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.

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

H. 3474 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 8 AND 12 AND NEW VOLUMES 7A AND 12A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2003.

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

H. 3494 (Word version) -- Rep. Snow: A CONCURRENT RESOLUTION CONGRATULATING THE CARVERS BAY HIGH SCHOOL "BEARS" ON THEIR CLASS AA STATE FOOTBALL CHAMPIONSHIP AND COMMENDING THE PLAYERS AND THE COACHES ON ACHIEVING THAT MARK IN ONLY THE THIRD YEAR OF THE "BEARS" FOOTBALL PROGRAM AT THE GEORGETOWN COUNTY SCHOOL.

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

H. 3499 (Word version) -- Reps. Harrison, 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, 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, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION RECOGNIZING PALMETTOPRIDE, SOUTH CAROLINA'S ANTI-LITTER AND BEAUTIFICATION ORGANIZATION, ON ITS RECEIPT OF THE 2002 ROGERS AWARD AS THE BEST PUBLIC SERVICE CAMPAIGN IN THE NATION FROM KEEP AMERICA BEAUTIFUL, INC., AND THANKING THE STAFF, THE STATE AGENCIES AND CORPORATE SPONSORS, PUBLIC FIGURES AND PRIVATE CITIZENS WHO LED THE EFFORT TO KEEP THE STATE LITTER FREE.

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

H. 3511 (Word version) -- Reps. W. D. Smith, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, Talley, Walker, Allen, Altman, 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, 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, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, 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, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE UNION HIGH SCHOOL FOOTBALL TEAM FOR TAKING THE 2002 CLASS AAA STATE TITLE.

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

H. 3512 (Word version) -- Reps. W. D. Smith, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, Talley, Walker, Allen, Altman, 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, 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, Limehouse, Lloyd, Loftis, Lourie, Lucas, Mack, 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, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE UNION HIGH SCHOOL FOOTBALL COACH MICHAEL ANTHONY FOR WINNING HIS THIRD CLASS AAA STATE CHAMPIONSHIP.

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

H. 3518 (Word version) -- Reps. Perry, 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, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND THE FIRST PRESBYTERIAN CHURCH OF AIKEN FOR MORE THAN SIXTY YEARS OF DEDICATED AND UNWAVERING SUPPORT OF TROOP 110 OF THE BOY SCOUTS OF AMERICA IN AIKEN, RECOGNIZE THE CHURCH'S TREMENDOUS CONTRIBUTION TO THE VALUES, MORAL DEVELOPMENT, AND LIVES OF THOSE ENABLED TO PARTICIPATE IN SCOUTING BY VIRTUE OF THEIR SUPPORT, AND TO CONVEY EVERY GOOD WISH FOR THEIR CONTINUED SUCCESS IN SUPPORTING TROOP 110 AND SCOUTING IN THE FUTURE.

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

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

S. 16 (Word version) -- Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ADDING SECTION 8-11-177 TO PROVIDE THREE DAYS OF PAID LEAVE FOR STATE EMPLOYEES IN THE CASE OF THE DEATH OF AN IMMEDIATE FAMILY MEMBER AND PERMIT THE EMPLOYING AGENCY TO REQUIRE A STATEMENT FROM THE EMPLOYEE STATING THEIR RELATIONSHIP TO THE DECEASED.

Ordered for consideration tomorrow.

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

S. 71 (Word version) -- Senators Moore, Elliott, Hayes, Grooms, Ravenel, Reese, Courson, Setzler, Rankin and Leatherman: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 12-39-360 TO PERMIT A COUNTY TO EXTEND THE DATE FOR FILING RETURNS AND PAYMENT OF PROPERTY TAXES FOR UNITED STATE ARMED FORCES OR NATIONAL GUARD PERSONNEL SERVING IN OR NEAR A HAZARD DUTY ZONE.

Ordered for consideration tomorrow.

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

S. 156 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 50-21-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF A NO WAKE ZONE ON THE ASHLEY RIVER, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A NO WAKE ZONE FOR A CERTAIN PORTION OF ADAM'S CREEK ADJACENT TO WADMALAW ISLAND.

Ordered for consideration tomorrow.

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

S. 163 (Word version) -- Senators Gregory and Hutto: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO PROHIBIT THE POSSESSION, SALE, OR IMPORTATION OF SNAKEHEAD FISH.

Ordered for consideration tomorrow.

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

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 THIS STATE WITHOUT FIRST PROCURING A STATE FRESHWATER FISHERIES HATCHERY STAMP AND HAVING A VALID STAMP IN THEIR POSSESSION WHILE FISHING OR TRANSPORTING STRIPED BASS, HYBRID STRIPED BASS, BROOK TROUT, BROWN TROUT, RAINBOW TROUT, OR SMALL MOUTH BASS CAUGHT IN THE FRESHWATERS OF THIS STATE, TO PROVIDE FOR FURNISHING THE STAMP AND FOR USE OF THE PROCEEDS FROM THE SALE OF THE STAMP, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

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

S. 165 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 9, TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-75 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, ACQUIRE, OR POSSESS ANY LICENSE, PERMIT, STAMP, OR TAG WHILE A PERSON'S PRIVILEGES ARE SUSPENDED AND TO PROVIDE APPROPRIATE PENALTIES.

Ordered for consideration tomorrow.

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

S. 167 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1707 SO AS TO PROVIDE FOR LIMITS ON CERTAIN SHARKS; AND TO AMEND SECTION 50-5-2725, AS AMENDED, RELATING TO SHARK CATCH LIMITS, SO AS TO MAKE TECHNICAL CHANGES.

Ordered for consideration tomorrow.

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

S. 168 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

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

S. 177 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 50-11-120 AND 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO AMEND THE LAWFUL DATES FOR HUNTING RACOON AND OPOSSUM WITH A WEAPON, TO MAKE IT LAWFUL TO HUNT RACOON AND OPOSSUM WITH DOGS AT ANYTIME DURING THE YEAR, AND TO REQUIRE WEAPONS TO BE UNLOADED AND LOCKED IN A VEHICLE WHEN HUNTING A RACOON, OPOSSUM, OR FOX DURING THE DATES WHEN WEAPONS ARE NOT ALLOWED.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3401 favorable:

H. 3401 (Word version) -- Rep. W.D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE PRESIDENT RONALD WILSON REAGAN BY DECLARING THAT FEBRUARY SIXTH BE KNOWN AS "RONALD REAGAN DAY" IN HONOR OF HIS SERVICE AS PRESIDENT OF THE UNITED STATES OF AMERICA.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

H. 3401 (Word version) -- Rep. W.D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE PRESIDENT RONALD WILSON REAGAN BY DECLARING THAT FEBRUARY SIXTH BE KNOWN AS "RONALD REAGAN DAY" IN HONOR OF HIS SERVICE AS PRESIDENT OF THE UNITED STATES OF AMERICA.

Senator COURSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

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

Senator COURSON asked unanimous consent to adopt the Concurrent Resolution.

There was no objection.

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

S. 311 (Word version) -- Senators Hawkins, Ravenel, Verdin, Ryberg, Fair, Branton, O'Dell, Mescher, Grooms, Hayes, Giese, Courson, J. Verne Smith, Peeler, Rankin, Reese, McConnell, Richardson, Knotts, Ritchie, Setzler, Thomas and Gregory: A CONCURRENT RESOLUTION EXPRESSING RESOUNDING SUPPORT FOR PRESIDENT GEORGE W. BUSH'S RESOLVE IN CONFRONTING SADDAM HUSSEIN FOR HIS EXTENSIVE RECORD OF FLAGRANTLY DEFYING REPEATED UNITED NATIONS RESOLUTIONS REQUIRING HIM TO DISARM, PROVIDING AID AND COMFORT TO TERRORIST ORGANIZATIONS, AND COMMITTING WIDESPREAD HUMAN RIGHTS VIOLATIONS.

Returned with concurrence.

Received as information.

S. 314 (Word version) -- Senators Elliott, Alexander, Anderson, Branton, Courson, Drummond, 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, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SADNESS OF THE MEMBERS OF THE GENERAL ASSEMBLY ON LEARNING OF THE RECENT DEATH OF FORMER SOUTH CAROLINA SUPREME COURT CHIEF JUSTICE GEORGE T. GREGORY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

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

H. 3259 (Word version) -- Rep. Lucas: A BILL TO ENACT THE "SCHOOL DISTRICT OF DARLINGTON COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN DARLINGTON COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

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

Senator MALLOY proposed the following amendment (GJK\20145SD03), which was adopted:

Amend the bill, as and if amended, in SECTION 6 (B) by striking /, and the gross proceeds of the sale of prescription medicines and medical devices/ which begins on line 7, page 4/

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 9 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

S. 250 (Word version) -- Senators Kuhn, Ford, Ravenel and Mescher: A BILL TO ESTABLISH GOVERNANCE CRITERIA AND REVISE THE GOVERNANCE STRUCTURE OF THE CHARLESTON COUNTY SCHOOL DISTRICT, TO ABOLISH THE EIGHT CONSTITUENT DISTRICT BOARDS OF SCHOOL TRUSTEES IN CHARLESTON COUNTY AND TO DEVOLVE THEIR POWERS, DUTIES, ASSETS, AND LIABILITIES UPON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION OF CHARLESTON COUNTY IS THE CHIEF EXECUTIVE OFFICER OF THE DISTRICT, WHO SHALL HIRE ALL DISTRICT PERSONNEL, INCLUDING TEACHERS, AND WHO SHALL HIRE AREA SUPERINTENDENTS TO CONSULT WITH SCHOOL PRINCIPALS AND TO ACT AS INTERMEDIARY BETWEEN THE PRINCIPALS AND THE DISTRICT SUPERINTENDENT; TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT SHALL CONSIST OF NINE MEMBERS WHO MUST BE ELECTED IN PARTISAN ELECTIONS FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2004, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS; AND TO REPEAL ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND VARIOUS DUTIES OF THE DISTRICT SUPERINTENDENT AND THE BOARD.

Senator McCONNELL asked unanimous consent to make a motion to reconsider the vote whereby the Bill was given a second reading with notice of general amendments.

There was no objection.

Second reading of the Bill was reconsidered and ordered returned to the second reading Calendar.

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

H. 3389 (Word version) -- Reps. Lourie, Cotty, J.E. Smith, Howard, Rutherford, J.H. Neal, Bales, J. Brown, Harrison, Quinn and Scott: A BILL TO AMEND ACT 584 OF 1986, RELATING TO THE RESTORATION OF THE CHARTERS OF SMITH TIMBER, INC., THE HARDEEVILLE BUSINESS DEVELOPMENT CORPORATION, AND THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER, SO AS TO DELETE THE REVOCATION OF THE CHARTER OF THE COLUMBIA JEWISH COMMUNITY CENTER RETROACTIVE TO THE EFFECTIVE DATE OF THE REVOCATION.

S. 313 (Word version) -- Senators Alexander, J. Verne Smith, Leatherman, McConnell, Courson, Patterson, Thomas, O'Dell and Setzler: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT FINANCIALLY SUSTAINABLE, VOLUNTARY, UNIVERSAL, AND PRIVATELY ADMINISTERED OUT-PATIENT PRESCRIPTION DRUG COVERAGE AS PART OF THE FEDERAL MEDICARE PROGRAM.

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

H. 3233 (Word version) -- Reps. Talley, Altman, Walker and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

Senator GIESE objected to further consideration of the Bill.

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

Senator McCONNELL moved that, pursuant to the motion of January 29, 2003, the Senate will stand adjourned to meet tomorrow at the time and subject to the limitations set forth in Rule 1B; and,

when the Senate adjourns on Friday, February 7, 2003, it will stand adjourned to meet on Tuesday, February 11, 2003, at the time and subject to the limitations set forth in Rule 1B; and, further,

when the Senate adjourns on Tuesday, February 11, 2003, it will stand adjourned to meet in statewide session on Wednesday, February 12, 2003, at 2:00 p.m., and, further,

when the Senate adjourns on Wednesday, February 12, 2003, the Senate will stand adjourned to meet on Thursday, February 13, 2003, at the time and subject to the limitations set forth in Rule 1B.

There was no objection and the motion was adopted.

Having received a favorable report from the Committee on Finance, the following appointment was taken up for immediate consideration in open session:

Initial Appointment, Director, Department of Revenue and Taxation, with term coterminous with Governor

Burnet R. Maybank III, 655 Old Plantation Road, Charleston, S.C. 29401 VICE Elizabeth A. Carpentier

Senator LEATHERMAN moved that the appointment be confirmed.

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 appointment was confirmed in open session.

On motion of Senators 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, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of payload commander Michael Anderson, mission specialist Dr. David Brown, mission specialist Kalpana Chawla, mission specialist Dr. Laurel Clark, Commander Rick Husband, pilot William McCool and payload specialist Ilan Ramon, the seven astronauts who tragically lost their lives aboard the Columbia Space Shuttle on Saturday, February 1, 2003. Hailed as heroes, they will be mourned and remembered by the entire State and nation.

At 2:42 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M., pursuant to the provisions of Rule 1B.

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