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 ACTING PRESIDENT, Senator COURSON. (This is a special Statewide Session day established under the provisions of Senate Rule 1B. Members not having scheduled committee or subcommittee meetings may be in their home districts without effect on their session attendance record.)

Senators LEVENTIS and LAND introduced Dr. J. Capers Hiott of Sumter, S.C., Doctor of the Day.

The following were introduced:

S. 362 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE CHARLES "LEFTY" DRIESELL OF VIRGINIA BEACH, VIRGINIA, UPON HIS RECENT RETIREMENT AND TO WISH HIM AND HIS FAMILY MUCH FUTURE HAPPINESS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 363 (Word version) -- Senators Mescher, Martin and McGill: A BILL TO AMEND SECTIONS 7-15-220, 7-15-380, AS AMENDED, 7-15-385, AS AMENDED, AND 7-15-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ABSENTEE BALLOTS, SO AS TO DELETE THE REQUIREMENT THAT THE SIGNATURE OF AN APPLICANT FOR AN ABSENTEE BALLOT BE WITNESSED, AND TO PROVIDE THAT ONLY APPLICANTS WHO CANNOT WRITE BECAUSE THEY ARE PHYSICALLY HANDICAPPED OR ILLITERATE MUST HAVE THEIR SIGNATURES WITNESSED.
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Read the first time and referred to the Committee on Judiciary.

S. 364 (Word version) -- Senators Mescher and McGill: A BILL TO AMEND SECTION 5-15-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FOR A CANDIDATE FOR MUNICIPAL OFFICE, SO AS TO MAKE THE REQUIREMENT MORE CONSISTENT WITH THE FILING REQUIREMENT FOR AN OFFICE OTHER THAN A MUNICIPAL OFFICE.
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Read the first time and referred to the Committee on Judiciary.

S. 365 (Word version) -- Senators Mescher, Martin and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE THAT A WRITE-IN CANDIDATE SHALL FILE A DECLARATION STATING THAT HE IS A WRITE-IN CANDIDATE, AS WELL AS THE OFFICE HE IS SEEKING, IN ORDER TO HAVE ANY WRITE-IN VOTES CAST FOR HIM COUNTED AND REPORTED AND PROVIDE AN EXCEPTION; AND TO AMEND SECTION 7-13-360, RELATING TO WRITE-IN NAMES ON A BALLOT, SO AS TO REQUIRE THAT WRITE-IN CANDIDATES COMPLY WITH THE REQUIREMENTS OF SECTION 7-13-365.
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Read the first time and referred to the Committee on Judiciary.

S. 366 (Word version) -- Senators Mescher, Martin and McGill: A BILL TO AMEND SECTION 7-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETING AND ORGANIZATION OF THE COUNTY BOARDS OF CANVASSERS, SO AS TO CHANGE THE DATE FOR CERTIFICATION OF AN ELECTION FROM BEFORE ONE O'CLOCK ON THE FRIDAY AFTER THE ELECTION TO NO LATER THAN ONE O'CLOCK ON THE FRIDAY AFTER THE ELECTION.
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Read the first time and referred to the Committee on Judiciary.

S. 367 (Word version) -- Senators Knotts and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-235 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO INTENTIONALLY OR GIVE THE PRESUMPTION OF IMPERSONATING A LAW ENFORCEMENT OFFICER, AND TO PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-4495 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN PERSONS TO DISPLAY CERTAIN COLORED LIGHTS ON THEIR PERSONALLY OWNED VEHICLES AND TO PROVIDE A PENALTY.
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Read the first time and referred to the Committee on Judiciary.

S. 368 (Word version) -- Senator Leventis: A BILL TO ENACT THE OMNIBUS DOMESTIC VIOLENCE PREVENTION AND PROTECTION ACT BY ADDING ARTICLE 21 TO CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE ALL STATE AGENCIES TO DEVELOP A WORKPLACE DOMESTIC VIOLENCE POLICY; TO ADD SECTION 59-1-475 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION, IN CONJUNCTION WITH THE DEPARTMENT OF SOCIAL SERVICES, TO DEVELOP MATERIALS FOR DOMESTIC VIOLENCE CONTINUING EDUCATION WHICH SCHOOL DISTRICTS MUST PROVIDE TO TEACHERS AND STAFF; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE FORMULA FOR DETERMINING ANNUAL ALLOCATIONS TO EACH SCHOOL DISTRICT AND WEIGHTINGS USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO INCLUDE PUPILS WHO RESIDE IN EMERGENCY SHELTERS IN WEIGHTINGS FOR THE HOMEBOUND PROGRAM; TO AMEND SECTION 59-63-31, AS AMENDED, RELATING TO AUTHORIZING STUDENTS TO ATTEND SCHOOL IN A CERTAIN SCHOOL DISTRICT WITHOUT CHARGE, SO AS TO ALLOW A CHILD WHO RESIDES IN AN EMERGENCY SHELTER TO ATTEND A SCHOOL IN THE DISTRICT WHERE THE SHELTER IS LOCATED; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO CLASSIFYING OFFENSES AS VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, AND 16-25-60, ALL AS AMENDED, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES, TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED EXCEPT MANDATORY MINIMUM SENTENCES UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS, TO REQUIRE AN OFFENDER TO PAY A FEE FOR PARTICIPATION IN A PROGRAM, AND TO AUTHORIZE ORDERING AND REFERRING AN OFFENDER TO ALCOHOL AND DRUG TREATMENT; TO AMEND SECTION 16-25-65, RELATING TO THE STATUTORY OFFENSE OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO CLARIFY THE ELEMENTS OF THAT OFFENSE AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO ARRESTS AND SEARCHES IN CONNECTION WITH CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE A LAW ENFORCEMENT AGENCY TO COMPLETE AN INVESTIGATION OF AN ALLEGED OFFENSE EVEN WITHOUT NOTIFICATION AT THE TIME OF THE OFFENSE; TO ADD SECTION 16-25-95 SO AS TO MAKE IT A FELONY FOR A PERSON WHO HAS BEEN CONVICTED OF CRIMINAL DOMESTIC VIOLENCE TO POSSESS A FIREARM AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH A CRIMINAL DOMESTIC VIOLENCE OFFENSE MUST NOT BE CONSIDERED FOR THIS PROGRAM; TO AMEND SECTION 20-4-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE THE DEFINITION OF "HOUSEHOLD MEMBER" TO INCLUDE MINORS AND OTHERS FUNCTIONING UNDER THE AGE OF 18; TO ADD SECTION 20-4-63 SO AS TO WAIVE THE COURT FILING FEE WHEN A PERSON IS SEEKING AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE; TO ADD SECTION 20-7-3080 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROMULGATE REGULATIONS REQUIRING CHILDCARE OWNERS AND OPERATORS TO PROVIDE STAFF TRAINING ON DOMESTIC VIOLENCE; TO ADD SECTION 43-1-250 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES, OFFICE OF DOMESTIC VIOLENCE PROGRAMS AND POLICY TO DEVELOP A COMPREHENSIVE DOMESTIC VIOLENCE PUBLIC AWARENESS AND MEDIA EDUCATION CAMPAIGN; TO ADD SECTION 43-1-260 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO FACILITATE THE DEVELOPMENT OF COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS IN EACH COUNTY OR MULTI-COUNTY AREA BASED UPON PUBLIC-PRIVATE SECTOR COLLABORATION AND TO PROVIDE FOR THE PURPOSE, DUTIES, AND MEMBERSHIP OF THE COUNCILS; AND TO ADD SECTION 14-1-240 SO AS TO REQUIRE ANNUAL CONTINUING EDUCATION FOR MAGISTRATES AND CIRCUIT COURT AND FAMILY COURT JUDGES TO RECEIVE ANNUAL CONTINUING EDUCATION ON DOMESTIC VIOLENCE.
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Read the first time and referred to the Committee on Judiciary.

H. 3303 (Word version) -- Reps. Duncan, M. A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL TO BAIT DEER AT ANY TIME ON PRIVATE LAND, OR TO HUNT DEER ON SUNDAY ON PRIVATE LAND DURING THE PRESCRIBED SEASON FOR HUNTING DEER.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.

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

H. 3424 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, Lucas, McCraw, Merrill, Rice, Sheheen, Walker, Young, J. E. Smith, Scott, Altman, Barfield, Battle, Cato, Ceips, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Delleney, Duncan, Emory, Gilham, Gourdine, Govan, Hagood, Haskins, Herbkersman, Hinson, Hosey, Huggins, Leach, Limehouse, Littlejohn, Loftis, Lourie, Mahaffey, Martin, Miller, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Quinn, Richardson, Sandifer, Scarborough, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. R. Smith, Stewart, Stille, Talley, Toole, Tripp, Umphlett, Vaughn, Viers, White, Whitmire, Witherspoon, Taylor, Bales, Neilson, Bailey and Thompson: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON STATE APPROPRIATIONS, SO AS TO DELETE THE EXISTING LIMITATION ON APPROPRIATIONS AND IMPOSE A NEW LIMIT EFFECTIVE FOR APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, AND UPON TIMELY RATIFICATION OF AN AMENDMENT TO ARTICLE X, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, PROVIDING FOR THE REVISED LIMITATION ON APPROPRIATIONS AND AN AMENDMENT TO ARTICLE X ADDING A NEW SECTION ESTABLISHING THE SPENDING LIMIT RESERVE FUND AND PROVIDING FOR ITS USE, TO PROVIDE THAT THE LIMITATION FOR A FISCAL YEAR IS ANNUALIZED APPROPRIATIONS FOR THE CURRENT FISCAL YEAR AS OF FEBRUARY FIFTEENTH, INCREASED BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE; BY ADDING SECTION 11-11-415 SO AS TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND, INTO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, AND TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE BY LEGISLATIVE ENACTMENT APPROPRIATION REVENUES OF THIS FUND TO ORIGINATE AS SEPARATE LEGISLATION IN THE HOUSE OF REPRESENTATIVES.

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

H. 3496 (Word version) -- Reps. Harrell, Wilkins, W. D. Smith, Bingham, Chellis, Clyburn, Cotty, Kirsh, McCraw, Merrill, Rice, Sheheen, Walker, Young, Harvin and Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY A LAW PROVIDING A LIMIT ON STATE SPENDING FOR A FISCAL YEAR THAT IS THE LESSER OF THE TOTAL OF THE STATE APPROPRIATIONS IN THE PRIOR YEAR PLUS SIX PERCENT OR THE TOTAL OF STATE APPROPRIATIONS IN THE PRIOR YEAR ADJUSTED FOR INFLATION AND POPULATION GROWTH AND PROVIDE THAT THE GENERAL ASSEMBLY IN ENACTING THE LIMIT SHALL DEFINE THE APPROPRIATIONS TO WHICH THE LIMIT APPLIES, AND EXCEPTIONS TO THE LIMIT, AND THE METHOD OF CALCULATING THE LIMIT AND PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A NEW "SPENDING LIMIT RESERVE FUND" TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN A FISCAL YEAR IN EXCESS OF THE APPLICABLE CONSTITUTIONAL SPENDING LIMIT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE IMPLEMENTING LAW SHALL DEFINE SURPLUS REVENUES, PROVIDE THE PURPOSES FOR WHICH THE REVENUES CREDITED TO THIS FUND MUST BE USED, AND THE TIMING AND METHOD OF THE GENERAL ASSEMBLY'S APPROPRIATION OF THESE REVENUES AND TO PROVIDE THAT THE IMPLEMENTING LAW MAY NOT BE AMENDED OR REPEALED EXCEPT BY A SPECIAL VOTE DEFINED AS A RECORDED ROLL-CALL VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS IN EACH BRANCH PRESENT AND VOTING, BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH BRANCH.

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

H. 3556 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2752, 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. 3557 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2753, 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. 3610 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FUTURE FARMERS OF AMERICA (FFA) MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION ON THE OCCASION OF THE OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 16-23, 2003.

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

S. 347 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE ELDER AND MRS. WILLIE J. NELSON OF COLUMBIA UPON CELEBRATING THEIR FIFTIETH WEDDING ANNIVERSARY ON FEBRUARY 15, 2003, AND TO WISH THEM MANY MORE YEARS OF HAPPINESS.

Returned with concurrence.

Received as information.

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

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

H. 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.

By prior motion of Senator PEELER, with unanimous consent

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

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.

By prior motion of Senator MOORE, with unanimous consent

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

S. 358 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

By prior motion of Senator LAND

S. 361 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO PROHIBIT THE SALE, POSSESSION, OR IMPORTATION OF THE EGGS OF CERTAIN FISH, AND THE SALE, POSSESSION, OR IMPORTATION OF SNAKEHEAD FISH.

By prior motion of Senator GREGORY, with unanimous consent

On motion of Senator McCONNELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Deacon Paul Savage of Charleston, S.C.

Senator MARTIN moved that, when the Senate adjourns on Friday, February 14, 2003, it stand adjourned to meet next Tuesday, February 18, 2003, at 12:00 Noon, which motion was adopted.

At 11:25 A.M., on motion of Senator KNOTTS, 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.

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