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

Thursday, March 20, 2003
(Statewide Session)

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.

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

Beloved, hear the words of King David in Psalm 103:
"Bless the Lord, O my soul, and all that is within me, bless His holy Name."
Let us pray.

Father, the President of our United States has called our armed forces to duty.

Stretch forth, we pray, Your Almighty Arm to strengthen and protect all that will serve in every post of duty.

Support them in the day of battle and preserve our citizens from all who seek to do us evil... openly or secretly!

Bring down the tyrant, Lord, and help us bring his people into the path of freedom, peace and prosperity!
Amen!

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

Doctor of the Day

Senator HAWKINS introduced Dr. M. David Mitchell of Spartanburg, S.C., Doctor of the Day.

Expression of Personal Interest

Senator GLOVER rose for an Expression of Personal Interest.

Objection

Senator ANDERSON asked unanimous consent to make a motion that the remarks by Senator GLOVER be printed in the Journal.

Senator VERDIN objected.

Senator McCONNELL was recognized to make brief remarks to the Senate.

RECESS

At 11:33 A.M., on motion of Senator SETZLER, the Senate receded from business not to exceed five minutes.

At 11:37 A.M., the Senate resumed.

  Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 506 (Word version) -- Senator Thomas: A SENATE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MISS LINDLEY MAYER OF GREENVILLE ON BEING NAMED ONE OF THE TOP TWO VOLUNTEERS OF SOUTH CAROLINA IN THE EIGHTH ANNUAL PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM.
l:\council\bills\dka\3363dw03.doc

The Senate Resolution was adopted.

S. 507 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 38-73-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIBLES THAT MUST BE OFFERED ON POLICIES OF WORKERS' COMPENSATION INSURANCE, SO AS TO INCREASE THE MAXIMUM DEDUCTIBLE ALLOWED FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS AND TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL REPORTING, TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYEES' RECORDS AND REPORTS OF INJURIES FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL REPORTING.
l:\council\bills\ggs\22997htc03.doc

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

S. 508 (Word version) -- Senators McConnell, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND SECTION 25-1-2260 OF THE 1976 CODE, RELATING TO A JUDGE'S DUTY TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD, SO AS TO ALSO REQUIRE A JUDGE TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE RESERVES.
l:\s-res\gfm\008guar.mrh.doc

Senator McCONNELL spoke on the Bill.

Read the first time and, on motion of Senator McCONNELL, with unanimous consent, S. 508 was ordered placed on the Calendar without reference.

S. 508 -- Ordered to a Second and Third Reading

On motion of Senator McCONNELL, with unanimous consent, S. 508 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 3670 (Word version) -- Reps. Lucas, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

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

S. 258 (Word version) -- Senators Gregory, Ryberg, Hayes, Courson, Peeler, Branton and Reese: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO REQUIRE HIGH SCHOOL STUDENTS TO RECEIVE INSTRUCTION IN THE AREA OF PERSONAL FINANCE.

SECOND READING BILLS

The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

S. 419 (Word version) -- Senators J. Verne Smith, Fair, Hutto, McConnell, Moore, Rankin and Richardson: A BILL TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.

S. 419 -- Ordered to a Third Reading

On motion of Senator MOORE, with unanimous consent, S. 419 was ordered to receive a third reading on Friday, March 21, 2003.

S. 501 (Word version) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.

By prior motion of Senator SHORT, with unanimous consent

H. 3794 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

ADOPTED

S. 503 (Word version) -- Senators McConnell, Ritchie, Kuhn, Branton, Ravenel, Mescher, Pinckney, Ford and Grooms: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA PORTS AUTHORITY BOARD FOR ITS DILIGENT EFFORTS IN WORKING WITH THE CITY OF NORTH CHARLESTON AND THE CHARLESTON NAVAL BASE REDEVELOPMENT AUTHORITY TO SECURE A LOCATION FOR A NEW MARINE CARGO TERMINAL ON THE FORMER CHARLESTON NAVAL BASE AND TO ENCOURAGE THE EXPEDITIOUS ISSUANCE OF THE NECESSARY PERMITS FOR THAT FACILITY.

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

S. 505 (Word version) -- Senators Jackson, Courson, Giese and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE GOVERNING BODY OF THE CITY OF COLUMBIA TO SET A DATE FOR AN ELECTION SO THAT THE ELECTORS OF THE CITY MAY VOTE TO CHANGE THE FORM OF GOVERNMENT FROM THE COUNCIL-MANAGER FORM PRESENTLY USED BY THE CITY OR TO RETAIN THAT FORM OF GOVERNMENT.

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

H. 3204 (Word version) -- Reps. Lucas and Freeman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES THE LYNCHES RIVER ALONG UNITED STATES HIGHWAY 1 IN HONOR OF JUDGE CHARLES H. "CORKEY" PATE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "CHARLES H. 'CORKEY' PATE BRIDGE".

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

H. 3814 (Word version) -- Reps. W.D. Smith, Delleney, F.N. Smith, Wilkins, Witherspoon, Townsend, Richardson, M. Hines, Leach, Harrison, Cato, J. Brown, Vaughn, Chellis and Harrell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 2003, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, TO FILL THE UNEXPIRED TERM, WHICH EXPIRES JUNE 30, 2003, AND THE SUBSEQUENT TERM; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003.

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

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. R. Carl Byars of Easley, S.C.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 21, 2003, it stand adjourned to meet next Tuesday, March 25, 2003, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:55 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.