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

Printed Page 483 . . . . . Thursday, January 30, 2003

Thursday, January 30, 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 words from the Prophet Daniel, Chapter 10:18:

"Again the one who looked like a man touched me and gave me strength. He said, 'Do not be afraid, O man highly esteemed! Peace! Be strong now; be strong'!"
Let us pray.

God of our Fathers, we pray our special prayers this morning for our soldiers, sailors, Marines, Air Force, and all the mothers, fathers, children and families that will be sending loved ones into harm's way.

We pray for all in government who will be involved in the decisions that must be made in the days immediately before us, the Congress in Washington, and the governors and legislatures across this land, remembering the words of St. Paul to the Ephesians, "For our struggle is not against the enemies of blood and flesh, but against the cosmic powers of this present darkness, against the spiritual forces of evil."

Father, help us prevail!
Amen.

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

Doctor of the Day

Senator MALLOY introduced Dr. Gerald A Wilson of Columbia, S.C., Doctor of the Day.

RECALLED AND ADOPTED

S. 282 (Word version) -- Senator Gregory: A SENATE RESOLUTION TO ESTABLISH FEBRUARY 2nd through 8th, 2003, AS CLERGY APPRECIATION WEEK IN RECOGNITION OF THE CLERGY OF SOUTH CAROLINA WHOSE EFFORTS MAKE OUR COMMUNITIES A BETTER PLACE TO LIVE.

Senator COURSON asked unanimous consent to make a motion to recall the Senate Resolution from the Committee on Invitations.

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There was no objection and the Resolution was recalled.

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

The Senate Resolution was adopted.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 296 (Word version) -- Senators Waldrep, O'Dell, Mescher, Verdin, Giese, Richardson, Ritchie, Leventis, Hayes, Leatherman, Ford, Ravenel, Peeler, Elliott, Glover, Reese, Courson, Kuhn, Fair and Gregory: A BILL TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE REQUIREMENT TO OBTAIN A PERMIT FOR UTILIZING A CRITICAL AREA IN COASTAL ZONE COUNTIES FOR PURPOSES OTHER THAN THOSE FOR WHICH THE AREA HAS BEEN DESIGNATED, SO AS TO PROVIDE AN EXEMPTION FOR DISPOSAL OF MATERIAL DERIVED FROM MAINTENANCE DREDGING WITHIN CERTAIN DEVELOPMENTS.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 297 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-65 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2004, SOUTH CAROLINA STATE UNIVERSITY SHALL ESTABLISH A LAW SCHOOL AND AN UNDERGRADUATE ENGINEERING SCHOOL, TO PROVIDE FOR THE MANNER IN WHICH THE LAW SCHOOL AND ENGINEERING SCHOOL MUST BE ESTABLISHED AND FUNDED, AND TO PROVIDE FOR FACULTY AT THE UNIVERSITY OF SOUTH CAROLINA LAW SCHOOL AND THE COLLEGE OF ENGINEERING OF THE UNIVERSITY OF SOUTH CAROLINA, BOTH IN COLUMBIA, TO TEACH ALSO AT THE COUNTERPART SCHOOLS AT SOUTH CAROLINA STATE UNIVERSITY.
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Read the first time and referred to the Committee on Education.

S. 298 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 6-1-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE "SOUTH CAROLINA DEVELOPMENT IMPACT FEE ACT", SO AS TO DECREASE THE INDIVIDUAL UNIT PURCHASE PRICE FROM ONE HUNDRED TO THIRTY THOUSAND DOLLARS ON CAPITAL EQUIPMENT AND VEHICLES WHICH COMPRISE A PORTION OF THE DEFINITION OF "PUBLIC FACILITIES".
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Read the first time and referred to the Committee on Finance.

S. 299 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 6-1-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE "SOUTH CAROLINA DEVELOPMENT IMPACT FEE ACT", SO AS TO ADD TO THE DEFINITION OF "PUBLIC FACILITIES", PUBLIC PARKING GARAGES OR RELATED FACILITIES.
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Read the first time and referred to the Committee on Finance.

S. 300 (Word version) -- Senators J. Verne Smith, Richardson, Anderson, Fair, Gregory, Hayes, Jackson, Leventis, Martin, Matthews, O'Dell, Ravenel, Short, Waldrep, Hutto, Drummond, Holland and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-630 SO AS TO IMPOSE AN ADDITIONAL AMOUNT ON EACH CIGARETTE SUBJECT TO THE LICENSE TAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.65 CENTS ON EACH CIGARETTE, TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THE ADDITIONAL AMOUNT, AND TO PROVIDE FOR A MEDICAID MATCH FUND.
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Senator J. VERNE SMITH spoke on the Bill.

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

S. 301 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A

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PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 302 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 5-31-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF WATER AND ELECTRIC SERVICES BEYOND CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO PROHIBIT A MUNICIPALITY EXTENDING WATER OR ELECTRIC SERVICES TO NONRESIDENTS FROM REQUIRING ANNEXATION AS A CONDITION OF THE RECEIPT OF THE SERVICES.
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Senator FAIR spoke on the Bill.

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

S. 303 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, THE GENERAL ASSEMBLY, AND THE GOVERNING BODY OF ANY LOCAL POLITICAL SUBDIVISION OF THIS STATE, IN ORDER TO IMPOSE OR INCREASE ANY TYPE OF TAX OR FEE, MUST DO SO BY A TWO-THIRDS VOTE OF THE MEMBERS OF THE BODY.
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Read the first time and referred to the Committee on Judiciary.

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S. 304 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; AND TO AMEND SECTION 16-25-65, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO REVISE THE ELEMENTS OF CRIME, TO RECLASSIFY THE CRIME AS A FELONY, TO DELETE THE PROVISION THAT STATES THE CRIME MUST NOT BE CONSTRUED AS CODIFYING THE COMMON LAW CRIME OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, AND TO PROVIDE A DEFINITION FOR THE TERM "GREAT BODILY INJURY".
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Read the first time and referred to the Committee on Judiciary.

S. 305 (Word version) -- Senators Leatherman and Drummond: A BILL TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROHIBITIONS ON THE STATE AND ITS POLITICAL SUBDIVISIONS PLEDGING THEIR CREDIT TO PRIVATE INTERESTS AND THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS HAVING A JOINT OWNER OR STOCKHOLDER IN A COMPANY, ASSOCIATION, OR CORPORATION AND THE EXCEPTIONS TO THESE PROHIBITIONS, SO AS TO ALLOW A SEPARATE PENSION PLAN OPERATED FOR FIREFIGHTERS BY A MUNICIPALITY, COUNTY, SPECIAL PURPOSE DISTRICT, OR PUBLIC SERVICE DISTRICT TO INVEST ITS FUNDS IN EQUITY SECURITIES TRADED ON A NATIONAL SECURITIES EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM OR SIMILAR SERVICE.
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Read the first time and referred to the Committee on Judiciary.

S. 306 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 7-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO DELETE A

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PROVISION REQUIRING THAT AN ABSENTEE BALLOT BE AVAILABLE FOR RELIGIOUS REASONS; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-260, AS AMENDED, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING MUNICIPAL PRIMARIES, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-310, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ABSENTEE VOTING, SO AS TO DELETE CERTAIN DEFINITIONS WHICH ARE NO LONGER NECESSARY WITH THE CHANGES MADE TO THE ARTICLE BY THIS ACT; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY QUALIFIED ELECTOR MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF AN APPLICATION FOR ABSENTEE BALLOT, SO AS TO SPECIFY CERTAIN CATEGORIES OF VOTERS WHICH MAY USE A DIFFERENT FORM AND TO PROVIDE THAT A QUALIFIED ELECTOR DOES NOT HAVE TO STATE THE REASON FOR REQUESTING AN ABSENTEE BALLOT ON THE APPLICATION FORM; AND TO AMEND SECTION 7-15-395, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONCERNING PRIMARIES, SO AS TO DELETE THE REFERENCE TO A LIST OF PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT.
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Read the first time and referred to the Committee on Judiciary.

S. 307 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO ADD ARREST WARRANTS ISSUED FOR THE PRECEDING THREE MONTHS AS DOCUMENTS WHICH

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MUST BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING WHEN THE REQUESTOR APPEARS IN PERSON.
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Read the first time and referred to the Committee on Judiciary.

S. 308 (Word version) -- Senator McConnell: 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.
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Read the first time and referred to the Committee on Judiciary.

S. 309 (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 OF THE GENERAL ASSEMBLY ENACTING LOCAL OR SPECIAL LAWS, SO AS TO ALLOW A COUNTY BY ORDINANCE, UPON A VOTE OF A MAJORITY OF A COUNTY'S LEGISLATIVE DELEGATION OR A PETITION SIGNED BY FIVE PERCENT OF A COUNTY'S REGISTERED ELECTORS, SUBJECT TO A FAVORABLE REFERENDUM, TO AUTHORIZE THE OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN THAT COUNTY.
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Read the first time and referred to the Committee on Judiciary.

S. 310 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY AND THE OCONEE COUNTY SCHOOL DISTRICT SUPERINTENDENT OF EDUCATION SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.
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Senator ALEXANDER spoke on the Bill.

Read the first time and, on motion of Senator ALEXANDER, with unanimous consent, S. 310 was ordered placed on the Local and Uncontested Calendar.

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S. 310 -- Ordered to a Second and Third Reading

On motion of Senator ALEXANDER, with unanimous consent, S. 310 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

S. 312 (Word version) -- Senators Knotts, Setzler and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF NATURAL RESOURCES TO RENAME THE HOPE FERRY LANDING ON THE SALUDA RIVER IN LEXINGTON COUNTY, THE "JAMES R. METTS LANDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE LANDING CONTAINING THE WORDS "JAMES R. METTS LANDING".
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The Concurrent Resolution was adopted, ordered sent to the House.

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.
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Senator ALEXANDER spoke on the Resolution.

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

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

H. 3207 (Word version) -- Reps. Wilkins, Altman, Stille, Bailey, Walker, G. M. Smith, Sandifer, Young, Keegan, Simrill, Viers, Merrill, Cobb-Hunter, Harrison, Witherspoon, Littlejohn, Richardson, Delleney, J. E. Smith, Bingham, Toole, Mahaffey, Hinson, Owens and McLeod: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

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

H. 3208 (Word version) -- Reps. Wilkins, Harrison, Altman, Stille, Bailey, Walker, Sandifer, Young, Keegan, Simrill, Witherspoon, Littlejohn,

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Richardson, Kirsh, Taylor, Delleney, Ceips, McLeod, J. E. Smith, Bingham, Toole, Duncan, Mahaffey, Hinson, Viers, White and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES AND TO REQUIRE AN ANNUAL REPORT OF ALL EXPENDITURES TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES UNLESS OTHERWISE EXEMPTED; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A DOCUMENT REFLECTING THE FINAL FINANCIAL COMMITMENT BY A PUBLIC BODY IS A COVERED DOCUMENT OF, OR INCIDENTAL TO, A PROPOSED CONTRACTUAL ARRANGEMENT AND A PROPOSED SALE OR PURCHASE OF PROPERTY AND THEREFORE SUBJECT TO DISCLOSURE AS PRESCRIBED, THAT A CONTRACT RELATED TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST IN THIS STATE IS EXEMPT ONLY UNTIL THE BUSINESS OR INDUSTRY PUBLICLY ANNOUNCES ITS PROJECT OR THE COUNCIL EXECUTES A FINAL CONTRACT, AND THAT DOCUMENTATION OF EFFORTS OR ACTIVITIES OF A PUBLIC BODY OR ONE ACTING FOR A PUBLIC BODY TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY TO INVEST WITHIN SOUTH CAROLINA IS EXEMPT FROM DISCLOSURE UNLESS THE DOCUMENTS RELATE TO THE FINANCIAL COMMITMENT BY A PUBLIC BODY, WHICH DOCUMENTATION LOSES ITS EXEMPTION ONCE THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS
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PROJECT OR THE COUNCIL HAS EXECUTED A FINAL CONTRACT.

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

H. 3209 (Word version) -- Reps. Wilkins, Altman, Stille, Bailey, Walker, G. M. Smith, Sandifer, Talley, Harrison, Richardson, Delleney, J. E. Smith, Bingham and Toole: 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 COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

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

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.

Read the first time and, on motion of Senator HAWKINS, with unanimous consent, H. 3233 was ordered placed on the Calendar without reference.

H. 3263 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION MOVE A PORTION OF THE PROJECTED "CAROLINA BAYS PARKWAY" IN HORRY COUNTY BETWEEN HIGHWAY 544 AND HIGHWAY 501 THREE HUNDRED YARDS TO THE NORTHWEST TOWARDS CONWAY TO AVOID THE HUNTERS RIDGE COMMUNITY.

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

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H. 3377 (Word version) -- Rep. Haskins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE SCHOOL WEEK OF DECEMBER 2 THROUGH DECEMBER 6, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS 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 FAIR spoke on the Resolution.

Read the first time and, on motion of Senator FAIR, with unanimous consent, H. 3377 was ordered placed on the Calendar without reference.

H. 3377 -- Ordered to a Second and Third Reading

On motion of Senator FAIR, with unanimous consent, H. 3377 was ordered to receive a second and third reading on the next two consecutive legislative days.

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.

Read the first time and, on motion of Senator GIESE, with unanimous consent, H. 3389 was ordered placed on the Calendar without reference.

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

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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.

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

H. 3436 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.

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

H. 3445 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. 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, 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 TO RECOGNIZE JERMAINE O'NEAL OF COLUMBIA, FOR HIS OUTSTANDING RECORD AND MANY ACHIEVEMENTS AS A YOUNG AND TALENTED ATHLETE AND STAR BASKETBALL PLAYER, COMMEND HIM FOR HIS TREMENDOUS SUCCESS IN MAKING THE LEAP FROM EAU CLAIRE HIGH SCHOOL TO THE PROFESSIONAL RANKS OF THE NATIONAL BASKETBALL ASSOCIATION AND

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BECOMING A STAR PLAYER WITH THE PORTLAND TRAIL BLAZERS, SEVERAL ALL-STAR AND NATIONAL TEAMS, AND THE INDIANA PACERS; AND CONGRATULATE AND EXTEND EVERY GOOD WISH TO HIM ON THE OCCASION OF EAU CLAIRE HIGH SCHOOL RETIRING HIS JERSEY ON FEBRUARY 5, 2003, WHICH IS THE FIRST TIME A JERSEY HAS BEEN RETIRED AT EAU CLAIRE HIGH SCHOOL.

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

H. 3446 (Word version) -- Rep. Mahaffey: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE JAMES F. BYRNES HIGH SCHOOL REBEL REGIMENT BAND OF SPARTANBURG COUNTY ON THE OCCASION OF WINNING THEIR FIFTH CONSECUTIVE CLASS AAAA MARCHING BAND STATE CHAMPIONSHIP IN 2002.

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

H. 3463 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND TOM ROGERS OF MYRTLE BEACH FOR HIS OUTSTANDING SERVICE AS CHAIRMAN OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS AND CONGRATULATE HIM FOR HIS PERSONAL LEADERSHIP, AND THE MANY ACCOMPLISHMENTS OF THE COUNCIL OF MYRTLE BEACH AREA ORGANIZATIONS THAT BENEFIT THE MEMBER ORGANIZATIONS AND THOSE ENGAGED IN THE ENTERTAINMENT, HOSPITALITY, AND TOURISM INDUSTRY IN THE MYRTLE BEACH AREA DURING HIS TWO YEARS AS CHAIRMAN.

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

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

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

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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

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. 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.

Senator GREGORY explained the Bill.

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SECOND READING BILL

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

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.

By prior motion of Senator LAND, with unanimous consent

COMMITTED

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.

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

Senator RANKIN spoke on the Bill.

Senator RANKIN moved to commit the Bill to the Committee on Education.

Parliamentary Inquiry

Senator HAWKINS made a Parliamentary Inquiry as to whether or not the motion required unanimous consent.

Senator RANKIN spoke on the motion.

Senator GIESE spoke on the motion.

Senator MARTIN spoke on the motion.

Senator RANKIN spoke on the motion.

Senator RICHARDSON spoke on the motion.

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The Bill was committed to the Committee on Education.

ADOPTED

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".

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

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".

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

S. 7 (Word version) -- Senators McConnell, Mescher, Grooms and Branton: 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.

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

CARRIED OVER

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 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.

Senator REESE explained the Bill.

On motion of Senator GREGORY, with unanimous consent, the Bill was carried over.

MOTION ADOPTED

On motion of Senator PINCKNEY, with unanimous consent, the Senate stood adjourned in memory of the Reverend Dr. Levern Stevenson of Summerville, S.C., who passed away on January 27, 2003, beloved uncle of Senator Pinckney.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, January 31, 2003, it stand adjourned to meet next Tuesday, February 4, 2003, at 11:00 A.M. under the provisions of Rule 1B, which motion was adopted.

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ADJOURNMENT

At 12:17 P.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.

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