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

Printed Page 463 . . . . . Wednesday, January 29, 2003

Wednesday, January 29, 2003
(Statewide Session)

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, hear a word from the Book of Ecclesiastes, Chapter 8:5:

"The wise mind will know the time and the way. For every matter has its time and way, although the troubles of mortals lie heavy upon them."
Let us pray.

Father, indeed our troubles also lie heavy upon us... across the world and here at home.

History speaks to us about ideas whose time has come. We need a silo, a reservoir, of ideas whose time has come!

When others are confused or hesitant, help us to think clearly that we may be able to sift the wheat from the chaff, the essential from the trifling!

Help us so to invest our time and energies so that, when the day's work is done, we can say, "By the grace of God it has been a good day."
Amen.

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

Doctor of the Day

Senator ANDERSON introduced Dr. Patricia P. Westmoreland of Greenville, S.C., Doctor of the Day.

REGULATIONS RECEIVED

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

Document No. 2751
Agency: Department of Revenue
SUBJECT: Tax Board of Review (Repeal)
Received by Lieutenant Governor January 28, 2003

Printed Page 464 . . . . . Wednesday, January 29, 2003
Referred to Finance Committee
Legislative Review Expiration May 28, 2003

Document No. 2780
Agency: Department of Revenue
SUBJECT: Administrative Regulation Reorganization
Received by Lieutenant Governor January 28, 2003
Referred to Finance Committee
Legislative Review Expiration May 28, 2003

Document No. 2783
Agency: Department of Health and Environmental Control
SUBJECT: Water Pollution Control Permits
Received by Lieutenant Governor January 29, 2003
Referred to Medical Affairs Committee
Legislative Review Expiration May 29, 2003

Document No. 2784
Agency: Department of Health and Environmental Control
SUBJECT: Standards for Licensing Ambulatory Surgical Facilities
Received by Lieutenant Governor January 28, 2003
Referred to Medical Affairs Committee
Legislative Review Expiration May 28, 2003

Document No. 2801
Agency: Department of Health and Environmental Control
SUBJECT: Individual Sewage Treatment and Disposal Systems
Received by Lieutenant Governor January 29, 2003
Referred to Medical Affairs Committee
Legislative Review Expiration May 29, 2003

Document No. 2808
Agency: Department of Revenue
SUBJECT: Requirements for Protesting Beer and Wine Permits or Alcoholic Liquor Licenses
Received by Lieutenant Governor January 28, 2003
Referred to Judiciary Committee
Legislative Review Expiration May 28, 2003

Document No. 2809
Agency: Department of Revenue

Printed Page 465 . . . . . Wednesday, January 29, 2003
SUBJECT: Income Tax Reorganization
Received by Lieutenant Governor January 28, 2003
Referred to Finance Committee
Legislative Review Expiration May 28, 2003

REGULATIONS RECALLED AND COMMITTED

On motion of Senator PEELER, with unanimous consent, the following Regulations, Nos. 2739 and 2767, were recalled from the Committee on Labor, Commerce and Industry and committed to the Committee on Medical Affairs.

Document No. 2739
Agency: Department of Labor, Licensing and Regulation
Board of Chiropractic Examiners
SUBJECT: Professional Practices
Received by Lieutenant Governor January 14, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 23, 2003
Recalled and Committeed to Medical Affairs Committee on January 29, 2003

Document No. 2767
Agency: Department of Labor, Licensing and Regulation
State Board of Nursing
SUBJECT: Code of Ethics for Nurses with Interpretive Statements
Received by Lieutenant Governor January 14, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 23, 2003
Recalled and Committeed to Medical Affairs Committee on January 29, 2003

RECALLED

S. 7 (Word version) -- Senators McConnell, Mescher and Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE HIGHWAY 26 FROM EXIT 199 TO EXIT 203 IN BERKELEY COUNTY AS THE "CORPORAL JEFF JOHNSON MEMORIAL HIGHWAY" IN MEMORY OF STATE TROOPER, CORPORAL JEFF JOHNSON, WHO WAS KILLED IN THE LINE OF DUTY WHILE SERVING HIS COUNTY AND STATE.

Printed Page 466 . . . . . Wednesday, January 29, 2003

Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled and placed on the Calendar for consideration tomorrow.

RECALLED AND COMMITTED

The following Bills were recalled and committed to the appropriate committees:

S. 55 (Word version) -- Senators Elliott and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO REQUIRE A PHARMACIST TO ONLY CHARGE MEDICAID PRESCRIPTION RATES, PLUS A DISPENSING FEE, WHEN FILLING PRESCRIPTIONS FOR PERSONS RECEIVING MEDICARE BENEFITS.

Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry and commit to the Committee on Medical Affairs.

There was no objection.

The Bill was committed to the Committee on Medical Affairs.

S. 268 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF PHYSICIANS AND OTHER HEALTH CARE PROFESSIONALS, BY ADDING ARTICLE 11 SO AS TO, AMONG OTHER THINGS, ESTABLISH A REGULATORY BOARD TO GOVERN THE PRACTICE OF ACUPUNCTURE IN THE STATE, TO ESTABLISH EDUCATIONAL CRITERIA FOR LICENSURE, TO ESTABLISH PENALTIES FOR VIOLATION; AND TO REPEAL SECTIONS 40-47-70 AND 40-47-75, RELATING TO PROCEDURES FOR OBTAINING PERMISSION TO PRACTICE ACUPUNCTURE.

Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry and commit it to the Committee on Medical Affairs.

There was no objection.

Printed Page 467 . . . . . Wednesday, January 29, 2003

The Bill was committed to the Committee on Medical Affairs.

COMMITTED

S. 255 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 5, 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

Printed Page 468 . . . . . Wednesday, January 29, 2003
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 House returned the Resolution with amendments.

Senator McCONNELL spoke on the Resolution.

Senator McCONNELL made a motion to commit the Resolution to the Committee on Judiciary.

The Resolution was committed to the Committee on Judiciary.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 270 (Word version) -- Senator Ryberg: A SENATE RESOLUTION TO COMMEND JOYE G. BODIE FOR HER DEDICATION AND COMMITMENT TO THE U.S. POSTAL SERVICE, HER ELECTION AS PRESIDENT OF THE NATIONAL RURAL LETTER CARRIER'S AUXILIARY FOR 2002-2003, AND FOR HER PROMOTION OF THE "MAKE A WISH FOUNDATION OF AMERICA".
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The Senate Resolution was adopted.

S. 271 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE LEXINGTON COUNTY NATIVE DEMETRIS SUMMERS OF LEXINGTON HIGH SCHOOL WILDCATS FOOTBALL TEAM ON HIS OUTSTANDING ACCOMPLISHMENTS AS RUNNING BACK AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE FOOTBALL CAREER AND OTHER ENDEAVORS.
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The Senate Resolution was adopted.

S. 272 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 59-150-355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

Printed Page 469 . . . . . Wednesday, January 29, 2003
TO APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT FOR THE UNIVERSITY TECHNOLOGY GRANT PROGRAM, SO AS TO PROVIDE THAT MONIES BE AWARDED TO ELIGIBLE INSTITUTIONS ACCORDING TO A FIXED FORMULA INSTEAD OF THROUGH A GRANT PROCESS.
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Read the first time and referred to the Committee on Education.

S. 273 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT ON JULY 1, 2004, THE AREA OF EACH COUNTY OF THIS STATE SHALL ALSO BE CONSTITUTED AS A SCHOOL DISTRICT AND NO COUNTY SHALL BE PERMITTED TO HAVE MULTIPLE SCHOOL DISTRICTS WITHIN ITS BOUNDARIES, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LOCAL LAW BEFORE JULY 1, 2004, SHALL PROVIDE FOR THE GOVERNANCE, FISCAL AUTHORITY, AND ADMINISTRATIVE AND OPERATIONAL RESPONSIBILITIES FOR ANY COUNTYWIDE SCHOOL DISTRICT WHERE NO SUCH PROVISIONS OF LAW NOW APPLY; AND TO PROVIDE THAT ALL ACTS OR PARTS OF ACTS RELATING TO ANY SCHOOL DISTRICT WHICH IS NOT A COUNTYWIDE SCHOOL DISTRICT REQUIRED BY SECTION 59-17-150 ARE REPEALED AS OF JULY 1, 2004.
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Read the first time and referred to the Committee on Education.

S. 274 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF RECORD IS IN ANOTHER STATE AND THE LEASED VEHICLE IS TO BE REGISTERED AND LICENSED IN THE STATE OF THE SERVICE MEMBER'S HOME OF RECORD AND TO EXEMPT ALL VEHICLES LEASED BY A PUBLIC BODY IF THE VEHICLE WOULD OTHERWISE BE EXEMPT IF OWNED BY THE PUBLIC BODY.
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Senator LEVENTIS spoke on the Bill.

Printed Page 470 . . . . . Wednesday, January 29, 2003

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

S. 275 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO ASSISTANT SOLICITORS AND TO CLARIFY A REFERENCE.
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Read the first time and referred to the Committee on Finance.

S. 276 (Word version) -- Senators J. Verne Smith and Martin: A BILL TO AMEND SECTION 11-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUARTERLY CASH REPORTS REQUIRED TO BE PUBLISHED BY THE STATE TREASURER IN A DAILY COLUMBIA NEWSPAPER, SO AS TO ALLOW THE REPORT TO BE PUBLISHED ELECTRONICALLY, TO CHANGE THE REFERENCE TO BANKS TO FINANCIAL INSTITUTIONS, AND ELIMINATE THE REQUIREMENT FOR THE REPORT TO PROVIDE THE RESPECTIVE FUNDS TO WHICH THE CASH BELONGS.
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Read the first time and referred to the Committee on Finance.

S. 277 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES BY OWNERS WHO OCCUPY THEM.
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Read the first time and referred to the Committee on Finance.

S. 278 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A

Printed Page 471 . . . . . Wednesday, January 29, 2003
COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
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Read the first time and referred to the Committee on Finance.

S. 279 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3540 SO AS TO ENACT THE "SOUTH CAROLINA LOW INCOME HOUSING TAX CREDIT ACT" WHICH PROVIDES AN INCOME OR PREMIUM TAX CREDIT FOR EXPENDITURES TO DEVELOP RENTAL HOUSING UNITS FOR LOW INCOME TENANTS, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THIS INCOME TAX CREDIT IS AUTHORIZED, AND TO PERMIT THE HOUSING FINANCE AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS TO ADMINISTER THIS PROGRAM AND THE TAX CREDITS UNDER THE PROGRAM.
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Read the first time and referred to the Committee on Finance.

Printed Page 472 . . . . . Wednesday, January 29, 2003

S. 280 (Word version) -- Senators Leatherman, Land, Reese, Verdin, Ryberg and McGill: A BILL TO AMEND SECTION 6-29-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONCONFORMITIES IN LOCAL PLANNING AND ZONING, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY SHALL PAY CASH COMPENSATION TO THE OWNERS OF LAND, BUILDINGS, AND STRUCTURES THAT ARE SUBJECT TO THESE NONCONFORMITIES AND TO DEFINE THE TERM "STRUCTURE".
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Read the first time and referred to the Committee on Finance.

S. 281 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION EQUAL TO TWENTY-FIVE PERCENT OF OTHERWISE TAXABLE MILITARY PAY AND ALLOWANCES OF A RESIDENT OF THIS STATE ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES AND STATIONED OUTSIDE OF THIS STATE AND TO PHASE IN THIS DEDUCTION OVER THREE YEARS.
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Read the first time and referred to the Committee on Finance.

S. 282 (Word version) -- Senator Gregory: A SENATE RESOLUTION TO ESTABLISH FEBRUARY 2-8, 2003, AS CLERGY APPRECIATION WEEK IN RECOGNITION OF THE CLERGY OF SOUTH CAROLINA WHOSE EFFORTS MAKE OUR COMMUNITIES A BETTER PLACE TO LIVE.
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The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 283 (Word version) -- Senators Ford, Glover and Elliott: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO

Printed Page 473 . . . . . Wednesday, January 29, 2003
THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
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Read the first time and referred to the Committee on Judiciary.

S. 284 (Word version) -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST THE GENERAL ASSEMBLY FROM ENACTING LOCAL OR SPECIAL LAWS, SO AS TO AUTHORIZE THE OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN A COUNTY UPON THE ENACTMENT OF AN ORDINANCE AUTHORIZING SUCH OPERATION OR POSSESSION, UPON THE FAVORABLE VOTE OF A MAJORITY OF THE MEMBERS OF THE COUNTY'S LEGISLATIVE DELEGATION, OR BY A PETITION SIGNED BY FIVE PERCENT OF THE COUNTY'S REGISTERED ELECTORS SUBJECT TO A FAVORABLE REFERENDUM.
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Read the first time and referred to the Committee on Judiciary.

S. 285 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-13-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL CREEL LIMIT OF GAME FISH TAKEN IN ONE DAY, TO PROVIDE THAT NOT MORE THAN FIVE OF THE LIMIT MAY BE TROUT TAKEN FROM THE

Printed Page 474 . . . . . Wednesday, January 29, 2003
SALUDA RIVER BETWEEN THE LAKE MURRAY DAM AND THE CONFLUENCE OF THE BROAD RIVER.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 286 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-640, SO AS TO PROVIDE FOR THE CRIME OF INTERFERENCE WITH THE OPERATION OF A PUBLIC TRANSIT OR PASSENGER VEHICLE.
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Read the first time and referred to the Committee on Judiciary.

S. 287 (Word version) -- Senators Mescher, Elliott, Fair, Ford, Giese, Glover, Grooms, Leventis, Martin, McConnell, Moore, Peeler, Reese, Setzler and Verdin: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS BASED UPON THE DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO REMOVE SURVEYING AS AN IMPROVEMENT TO REAL PROPERTY INCLUDED IN THIS SECTION; TO AMEND SECTION 15-3-670, RELATING TO WHEN THE LIMITATIONS PROVIDED BY SECTION 15-3-640 ARE NOT AVAILABLE AS A DEFENSE, SO AS TO REMOVE SURVEYING AND LAND SURVEYING; AND BY ADDING SECTION 40-22-285 SO AS TO CREATE A FOUR-YEAR STATUTE OF LIMITATIONS ON ACTIONS AGAINST REGISTERED SURVEYORS OR THEIR EMPLOYEES ENGAGED IN THE PRACTICE OF LAND SURVEYING AND PROVIDE WHEN THE STATUTE OF LIMITATIONS MAY NOT BE USED AS A DEFENSE.
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Read the first time and referred to the Committee on Judiciary.

S. 288 (Word version) -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN

Printed Page 475 . . . . . Wednesday, January 29, 2003
LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
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Read the first time and referred to the Committee on Judiciary.

S. 289 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AFFECTING THE GOVERNOR, BY ADDING SECTION 1-3-60 SO AS TO PROVIDE FOR CIRCUMSTANCES WHEN THE GOVERNOR MAY ISSUE AN EXECUTIVE ORDER.
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Read the first time and referred to the Committee on Judiciary.

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

S. 291 (Word version) -- Senator Rankin: 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 THE CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 292 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO INCREASE THE POWER OF AN

Printed Page 476 . . . . . Wednesday, January 29, 2003
ENGINE ON WATERCRAFT AND ON PONTOON BOATS OPERATING ON LAKE H. TAYLOR BLALOCK FROM FIFTEEN HORSEPOWER TO FORTY HORSEPOWER AND FORTY HORSEPOWER TO FIFTY HORSEPOWER, RESPECTIVELY, AND TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE WATERCRAFT ON LAKE BLALOCK IN VIOLATION OF UNITED STATES COAST GUARD REQUIREMENTS.
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Read the first time and, on motion of Senator REESE, with unanimous consent, S. 292 was ordered placed on the Calendar without reference.

S. 293 (Word version) -- Senators Hawkins, Ritchie and Reese: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SPARTANBURG COUNTY SCHOOL DISTRICTS ONE THROUGH SEVEN MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
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Read the first time and, on motion of Senator HAWKINS, with unanimous consent, S. 293 was ordered placed on the Calendar without reference.

S. 294 (Word version) -- Senators Land, Leventis and Malloy: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE JULY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN BISHOPVILLE, SOUTH CAROLINA, TO LEE COUNTY AND THE CITY OF BISHOPVILLE.
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Senator LAND spoke on the Resolution.

Read the first time and, on motion of Senator LAND, with unanimous consent, S. 294 was ordered placed on the Calendar without reference.

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S. 294 -- Ordered to a Second and Third Reading

On motion of Senator LAND, with unanimous consent, S. 294 was ordered to receiv-e a second and third reading on the next two consecutive legislative days.

S. 295 (Word version) -- Senator Ford: A BILL TO CREATE THE CHARLESTON COUNTY CONSOLIDATED SCHOOL DISTRICTS AND TO REPEAL ACT 340 OF 1967, RELATING TO THE SCHOOL DISTRICT OF CHARLESTON COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3205 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: 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 THROUGH LOCALLY GENERATED FUNDING BY THE DEPARTMENT OF NATURAL RESOURCES.

The Concurrent Resolution was introduced and referred to the Committee on Fish, Game and Forestry.

H. 3265 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTIONS OF SOUTH CAROLINA HIGHWAY 421 IN AIKEN COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 1 TO ITS INTERSECTION WITH LEE DRIVE, AND FROM ITS INTERSECTION WITH DIXIE CLAY ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 125 AS "VETERANS MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG BOTH PORTIONS OF SOUTH CAROLINA HIGHWAY 125 CONTAINING THE WORDS "VETERANS MEMORIAL HIGHWAY".

On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

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H. 3270 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN LAURENS COUNTY FROM ITS INTERSECTION WITH STAGE COACH ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 101 THE "DAVID S. TAYLOR, SR. MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "DAVID S. TAYLOR, SR. MEMORIAL HIGHWAY".

On motion of Senator VERDIN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3368 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF INTERSTATE HIGHWAY 520 IN AIKEN COUNTY AS "PALMETTO PARKWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS HIGHWAY CONTAINING THE WORDS "PALMETTO PARKWAY".

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

H. 3414 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE RALPH FERRELL COTHRAN, SR., OF MANNING ON MONDAY, JULY 29, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

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

REPORTS OF STANDING COMMITTEES

Senator MOORE from the Committee on Judiciary submitted a favorable report on:

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

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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.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

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 THROUGH LOCALLY GENERATED FUNDING BY THE DEPARTMENT OF NATURAL RESOURCES.

Returned with concurrence.

Received as information.

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. 3327 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 29 AND 30, 2002,

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BY THE STUDENTS OF SLATER-MARIETTA ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ROOF AND STRUCTURAL PROBLEMS 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 J. VERNE SMITH, with unanimous consent

SECOND READING BILLS

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

S. 158 (Word version) -- Senators Ravenel and Grooms: A BILL TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.

S. 269 (Word version) -- Senator Pinckney: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MARCH 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN RIDGELAND, SOUTH CAROLINA, TO THE COUNTY OF JASPER.

By prior motion of Senator PINCKNEY, with unanimous consent

Statement by Senator GIESE

Beginning this week, the American Heart Association and the Palmetto Health Alliance will be offering "CPR for Family and Friends." This course is free of charge, test free and stress free. The course takes an hour and a half and will be held Thursday mornings from 8:00 until 9:30 a.m. in Room 407 of the Gressette Building.

Classes will be held on January 30, February 6 and February 13. Please call nurse Mary Nell Krepps at 212-6175 or 212-6770 to sign up for a class.

You might save a life.

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S. 222 -- CO-SPONSOR ADDED

S. 222 (Word version) -- Senator Short: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE BY THE ATTORNEY GENERAL, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 222.

MOTION ADOPTED

Senator McCONNELL moved that, when the Senate adjourns on Friday, January 30, 2003, it stand adjourned to meet on Tuesday, February 4, 2003, at the time and subject to the limitations set forth in Rule 1B; and, further,

when the Senate adjourns on Tuesday, February 4, 2003, it will stand adjourned to meet in statewide session on Wednesday, February 5, 2003, at 2:00 p.m., and, further,

when the Senate adjourns on Wednesday, February 5, 2003, the Senate will stand adjourned to meet on Thursday, February 6, 2003, at the time and subject to the limitations set forth in Rule 1B; provided, however, that this portion of the motion may be subject to change pending the proceedings of the Senate on Wednesday, February 5, 2003.

There was no objection and the motion was adopted.

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MOTION ADOPTED

On motion of Senators SHORT, 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, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned in memory of former S.C. Chief Justice George Gregory, Jr. of Chester, S.C.

ADJOURNMENT

At 2:38 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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