Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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, in honor of Presidents' Day, we pray today the prayer of President George Washington for the United States of America.
Let us pray.

"Almighty God: we make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large.

And finally, that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of whose example in these things we can never hope to be a happy nation. Grant our supplication, we beseech Thee, through Jesus Christ, our Lord. Amen."

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

Senator COURSON introduced Dr. March Seabrook of West Columbia, S.C., Doctor of the Day.

On motion of Senator HAWKINS, at 12:10 P.M., Senator GROOMS was granted a leave of absence for today.

At 12:05 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:45 P.M.

There was no objection and a message was sent to the House accordingly.

The following were introduced:

S. 369 (Word version) -- Senator Grooms: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16, SO AS TO CREATE THE SOUTH CAROLINA STATE FARMER'S MARKET AUTHORITY FOR THE PURPOSE OF FINANCING, CONSTRUCTING, AND OPERATING THE SOUTH CAROLINA STATE FARMER'S MARKET; AND TO AMEND TITLE 46 OF THE 1976 CODE BY REPEALING CHAPTER 15.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 370 (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 WITH THE FALL SEMESTER OF 2005, AN ENGINEERING SCHOOL AND A LAW SCHOOL SHALL BE ESTABLISHED BY THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY AT ITS CAMPUS IN ORANGEBURG, AND TO PROVIDE THAT FUNDS FOR THE ENGINEERING SCHOOL AND THE LAW SCHOOL SHALL BE PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT AND MAY BE SUPPLEMENTED BY THE UNIVERSITY FROM OTHER FUNDS AND PRIVATE DONATIONS.
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Read the first time and referred to the Committee on Education.

S. 371 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 372 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 42-7-10 OF THE 1976 CODE, RELATING TO THE STATE ACCIDENT FUND, TO PROVIDE THAT THE STATE TREASURER SHALL INVEST THE TRUST FUND IN THE SAME MANNER AND IN THE SAME TYPE AND GRADE OF SECURITIES AS IS THE ACCUMULATED ACCOUNT OF THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 42-7-50 OF THE 1976 CODE, RELATING TO PARTICIPATION IN THE STATE ACCIDENT FUND, TO PROVIDE THAT AN APPLICANT FOR COVERAGE UNDER THIS SECTION MUST PRESENT ITS RECENT LOSS HISTORY, UPON WHICH ITS PREMIUM CHARGES MUST BE BASED, AND THAT THE STATE ACCIDENT FUND MAY DENY OR REFUSE TO RENEW COVERAGE UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 42-7-85 TO PROVIDE THAT EMPLOYERS INSURED UNDER THIS ARTICLE MUST MAKE REASONABLE EFFORTS TO PROVIDE OR ARRANGE FOR LIMITED DUTY WORK.
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Read the first time and referred to the Committee on Judiciary.

S. 373 (Word version) -- Senators Ford, McConnell, Knotts, Courson and Ravenel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-135, SO AS TO REQUIRE ALL POLITICAL SUBDIVISIONS OF THE STATE RECEIVING ANY STATE FUNDS TO OBSERVE STATE LEGAL HOLIDAYS, TO PROVIDE THAT PAYMENT OF STATE FUNDS OTHERWISE DUE A POLITICAL SUBDIVISION MUST BE SUSPENDED IF A POLITICAL SUBDIVISION FAILS TO OBSERVE ALL STATE LEGAL HOLIDAYS, AND TO DEFINE "POLITICAL SUBDIVISION".
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Read the first time and referred to the Committee on Judiciary.

S. 374 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4072 SO AS TO PROVIDE THAT A PICK-UP TRUCK USED FOR RECREATIONAL PURPOSES WITH A FIFTH WHEEL

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

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
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Senators MARTIN, SETZLER, PATTERSON, MOORE and DRUMMOND spoke on the Resolution.

Senator MARTIN asked unanimous consent to make a motion that the Resolution be placed on the Calendar without reference.

At 1:15 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed three minutes.

At 1:22 P.M., the Senate resumed.

Read the first time and, on motion of Senator MARTIN, with unanimous consent, S. 375 was ordered placed on the Calendar without reference.

S. 376 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 59-29-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

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

S. 377 (Word version) -- Senator Ford: A JOINT RESOLUTION TO ACKNOWLEDGE THE FUNDAMENTAL INJUSTICES, CRUELTY, AND INHUMANITY INFLICTED UPON THE VICTIMS OF THE "ORANGEBURG MASSACRE" IN LIGHT OF GOVERNOR MARK SANFORD'S RECENT FORMAL APOLOGY FOR THE MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL WHO GUNNED DOWN THREE STUDENTS AND INJURED TWENTY-SEVEN OTHER STUDENTS DURING THIS INCIDENT AND TO CREATE A COMMISSION TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY TO COMPENSATE THE VICTIMS AND FAMILIES OF THE VICTIMS OF THIS TRAGEDY.
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Read the first time and referred to the Committee on Finance.

S. 378 (Word version) -- Senators Hawkins and Hayes: A JOINT RESOLUTION TO ENACT THE "SOUTH CAROLINA CITIZEN-SOLDIER TAX RELIEF ACT" SO AS TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR IN CONNECTION WITH HOSTILITIES IN IRAQ, OR FOR GUARD MEMBERS AND RESERVISTS WHO VOLUNTEER TO SERVE IN CONNECTION WITH THESE OPERATIONS.
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Read the first time and referred to the Committee on Finance.

S. 379 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 2-19-90 OF THE 1976 CODE RELATING TO THE ELECTION OF JUDGES, TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY OF THE VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1 OF

Senator RICHARDSON spoke on the Bill.

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

S. 380 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.
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Read the first time and referred to the Committee on Medical Affairs.

H. 3078 (Word version) -- Reps. Lucas, Simrill, Coates and Cotty: A BILL TO AMEND SECTION 24-13-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, DETAINEE, PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST, SO AS TO PROVIDE THAT THE TERM "LOCAL CORRECTIONAL FACILITY" INCLUDES, BUT IS NOT LIMITED TO, A LOCAL DETENTION FACILITY.

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

H. 3163 (Word version) -- Reps. Delleney and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY LAW.

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

H. 3235 (Word version) -- Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO "ADMINISTRATIVE LAW JUDGE DIVISION" TO "ADMINISTRATIVE LAW COURT" IN THE 1976 CODE; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO ADMINISTRATIVE LAW JUDGES, SO AS TO CLARIFY THAT THE COMMISSION ON JUDICIAL CONDUCT IS RESPONSIBLE FOR ENFORCING AND ADMINISTERING THE CODE OF JUDICIAL CONDUCT WITH RESPECT TO ADMINISTRATIVE LAW JUDGES; AND TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE.

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

H. 3297 (Word version) -- Reps. Huggins and Cotty: A BILL TO AMEND SECTION 40-60-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS, RESTRAINING ORDERS, LICENSING, AND PROCEDURAL REQUIREMENTS FOR REAL ESTATE APPRAISERS, SO AS TO REMOVE THE TIME LIMIT THE BOARD HAS TO RENDER A DECISION AND SERVE NOTICE.

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

H. 3386 (Word version) -- Reps. Huggins and Cotty: A BILL TO AMEND SECTION 40-60-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE, SO AS TO PRESCRIBE PROFESSIONAL CONDUCT OF APPRAISERS IN CONFORMANCE WITH THE UNIFORM STANDARDS OF

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

H. 3558 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LOTTERY TUITION ASSISTANCE PROGRAM FOR TWO-YEAR PUBLIC AND INDEPENDENT INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2754, 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. 3559 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2755, 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. 3560 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2756, 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. 3602 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-THREE SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2003 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 79 (Word version) -- Senator Alexander: A BILL TO REPEAL SECTION 6-8-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND RENEWAL OF CERTIFICATES OF REGISTRATION WITHOUT EXAMINATION TO BUILDING CODES ENFORCEMENT OFFICERS EMPLOYED IN CODES ENFORCEMENT FOR THEIR POSITION AND LOCATION AT THE TIME THIS CODE SECTION BECAME EFFECTIVE.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 122 (Word version) -- Senators Moore, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75 SO AS TO PROVIDE THAT AN EASEMENT EXISTS FOR DESCENDENTS OF PERSONS INTERRED ON REAL PROPERTY FOR THE PURPOSE OF VISITING, REPAIRING, AND MAINTAINING THESE BURIAL GROUNDS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

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

Ordered for consideration tomorrow.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 18, 2003, at 12:45 P.M. and the following Acts and Joint Resolutions were ratified:

(R1, S. 129 (Word version)) -- Senator Hayes: AN ACT TO AMEND ACT 192 OF 1995, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY, SO AS TO INCREASE THE COMMISSION FROM SEVEN TO EIGHT AND TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE CHAIRMAN.
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(R2, S. 158 (Word version)) -- Senators Ravenel and Grooms: AN ACT 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.
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(R3, S. 188 (Word version)) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 3, 2002, BY THE STUDENTS OF A. R. LEWIS ELEMENTARY SCHOOL IN PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BREAK IN A WATER MAIN 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.
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(R4, H. 3259 (Word version)) -- Rep. Lucas: AN ACT TO ENACT THE "SCHOOL DISTRICT OF DARLINGTON COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN DARLINGTON COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
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(R5, H. 3282 (Word version)) -- Reps. Taylor, Duncan and M.A. Pitts: AN ACT TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT THE ELECTIONS FOR SCHOOL BOARD OF TRUSTEES FOR THE DISTRICTS MUST BE HELD ON THE SECOND TUESDAY OF MARCH INSTEAD OF THE FIRST TUESDAY OF MARCH, IN APPROPRIATE YEARS.
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(R6, H. 3327 (Word version)) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 29 AND 30, 2002, 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.
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(R7, 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.
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THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

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

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

S. 71 (Word version) -- Senators Moore, Elliott, Hayes, Grooms, Ravenel, Reese, Courson, Setzler, Rankin, Leatherman, Ryberg, Knotts, Alexander, Anderson, Bauer, Branton, Drummond, Fair, Ford, Giese, Glover, Gregory, Hawkins, Holland, Hutto, Jackson, Kuhn, Land, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Patterson, Peeler, Pinckney, Richardson, Ritchie, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 12-39-360 TO PERMIT A COUNTY TO EXTEND THE DATE FOR FILING RETURNS AND PAYMENT OF PROPERTY TAXES FOR UNITED STATES ARMED FORCES OR NATIONAL GUARD PERSONNEL SERVING IN OR NEAR A HAZARD DUTY ZONE.

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

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

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

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

S. 334 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAY MISSED ON AUGUST 9, 2002, BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL, TAMASSEE-SALEM MIDDLE SCHOOL, AND TAMASSEE-SALEM HIGH SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO WATERLINE PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 340 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 9 SO AS TO PROVIDE THE REMEDIES AVAILABLE IN A DISPUTE OR CONTROVERSY BETWEEN THE SOUTH CAROLINA RETIREMENT SYSTEMS AND A MEMBER OR DESIGNATED BENEFICIARY OF A MEMBER OF ANY OF THE RETIREMENT SYSTEMS ESTABLISHED IN TITLE 9.

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.

S. 197 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW STUDENTS COMPLETING THREE OF THE FINAL FOUR YEARS OF HIGH SCHOOL IN SOUTH CAROLINA TO BE ELIGIBLE FOR THE LIFE SCHOLARSHIP IF ALL OTHER QUALIFICATIONS ARE MET AND TO AMEND SECTION 12-6-3385 SO AS TO ALLOW STUDENTS A REFUNDABLE TAX CREDIT IF THEY COMPLETE THREE OF THE FINAL FOUR YEARS OF HIGH SCHOOL IN SOUTH CAROLINA IF ALL OTHER REQUIREMENTS ARE MET.

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

Senators MOORE and SETZLER proposed the following amendment (197-MOORE), which was adopted:

Amend the bill, as and if amended, page 2, after line 21 by adding a newly-numbered SECTION to read:

/   SECTION   _____. Section 59-145-50 (B) of the 1976 Code is amended to read:

"(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive such a scholarship must, earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60. The cumulative grade point average calculation, for purposes of LIFE scholarship eligibility, must be inclusive of the student's grade point average at all colleges and universities attended."       /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

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

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

S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.

S. 206 (Word version) -- Senators McConnell, Ritchie and Richardson: A BILL TO AMEND CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES AND JUSTICES, SO AS TO REPEAL SECTION 2-19-40, RELATING TO THE EXEMPTION OF A PUBLIC HEARING.

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-630, SO AS TO PROVIDE THAT A HOLDER OF A RETAIL PERMIT AUTHORIZING SALES OF BEER OR WINE FOR OFF-PREMISES CONSUMPTION MAY DELIVER BEER OR WINE IN A SEALED CONTAINER TO A PERSON AGED TWENTY-ONE OR OLDER UNDER CERTAIN CIRCUMSTANCES.

S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO

Senator McCONNELL explained the Bill.

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 LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.

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

On motion of Senator McCONNELL, the text of the Joint Resolution was ordered printed upon the pages of the Journal as follows and ordered to receive a second reading:

S. 288 (Word version) -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 8, Article XVII of the Constitution of this State be amended to read:

"Section 8.   It shall be unlawful for any person holding an office of honor, trust, or profit to engage in gambling or betting on games of chance; and any such officer, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death. This prohibition does not apply to participation in lotteries conducted by the State of South Carolina."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Section 8, Article XVII of the Constitution of this State, relating to the prohibition on public officers gambling or betting on games of chance, be amended so as to provide an exception that allows participation in lotteries conducted by the State of South Carolina?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

The question then was the second reading of the Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Alexander                 Anderson                  Branton
Courson                   Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Gregory                   Grooms
Hawkins                   Hayes                     Holland
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

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

S. 250 (Word version) -- Senators Kuhn, Ford, Ravenel and Mescher: A BILL TO ESTABLISH GOVERNANCE CRITERIA AND REVISE THE GOVERNANCE STRUCTURE OF THE CHARLESTON COUNTY SCHOOL DISTRICT, TO ABOLISH THE EIGHT CONSTITUENT DISTRICT BOARDS OF SCHOOL TRUSTEES IN CHARLESTON COUNTY AND TO DEVOLVE THEIR POWERS, DUTIES, ASSETS, AND LIABILITIES UPON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION OF CHARLESTON COUNTY IS THE CHIEF EXECUTIVE OFFICER OF THE DISTRICT, WHO SHALL HIRE ALL DISTRICT PERSONNEL, INCLUDING TEACHERS, AND WHO SHALL HIRE

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (BBM\9465SD03) proposed by Senator KUHN and previously printed in the Journal of February 12, 2003.

On motion of Senator KUHN, with unanimous consent, Amendment No. 1 was withdrawn.

Senator KUHN proposed the following Amendment No. 2 (20186SD03), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   The General Assembly by the provisions of this act has determined to revise the governance structure of the Charleston County School District using as a guide the following governance principles:

(1)   the school board is a unit, which speaks with one voice or none;

(2)   the school board serves the district's ownership, the people of Charleston County;

(3)   the school board defines and delegates; it does not react or ratify;

(4)   the school board makes policy decisions;

(5)   the school board's policy determinations go from broad to narrow;

(6)   the school board's primary role is determining the district's goals;

(7)   the school board sets operating parameters for the district superintendent but it does not prescribe means;

(8)   the school board sets its own processes and policies to ensure effective board performance;

(9)   the school board empowers the district superintendent and requires accountability;

(10)   the school board measures the superintendent's performance against appropriate evaluation criteria, with student achievement as the first and most important criteria.

SECTION   2.   (A)   The eight constituent district boards of school trustees in Charleston County are abolished and their powers, duties, assets, and liabilities are devolved upon the Charleston County School District Board of Trustees.

(B)   The board of trustees also shall further delineate the roles and responsibilities of school governance councils, school improvement councils, and other school-based advisory councils to avoid duplicating responsibilities and to maximize the contributions of the boards and councils.

SECTION   3.   The Superintendent of Education of Charleston County shall be appointed by the Board of Trustees of the Charleston County School District (generally known as the Charleston County School Board) to serve pursuant to such terms and conditions as the board may prescribe. He or she shall be selected on the basis of professional qualifications as determined by the board of trustees, and which qualifications need not include experience or certification as an education administrator. The Superintendent of Education of the Charleston County School District, in addition to the duties imposed upon county superintendents of education by the general laws of the State shall serve as the chief executive officer of the district and shall implement the policies established by the board for the district. He or she shall hire all personnel necessary to conduct the business of the district, including teachers, and shall perform such other duties as shall be prescribed by the Board of Trustees of the Charleston County School District. The legal exercise of power or duty by the superintendent may be overridden by the board only by a two-thirds vote of the membership of the board.

SECTION   4.   (A)   The governing body of the Charleston County School District must be a board known as the Charleston County School Board. The board shall consist of nine members who, beginning with the 2004 General Election, must be elected in partisan elections in the manner hereinafter specified in this act.

(B)   Where a political party chooses to nominate its candidates by the primary election method, the dates of the primary election, and run-off election, if necessary, shall be the same as for other offices filled by that party at their primary. The election laws of this State also shall govern the manner in which the partisan elections for these offices shall be conducted, including selection of candidates, conduct of elections, declaration of results, and assumption of office. Nothing herein prevents a petition candidate from being included on the general election ballot in the manner allowed by law.

SECTION   5.   The members of the board elected at the 2004 General Election shall take office as provided in Section 59-19-315, at which time the terms of the present members of the board shall expire.

SECTION   6.   Except as otherwise provided herein, the members of the board must be elected at the general election beginning in 2004 for terms of four years. At the 2004 Election, and to provide for staggered terms of office, members of the board must be elected from Districts 1, 3, 5, 7, and 9 for terms of four years and until their successors are elected and qualify. Members of the board must be elected from Districts 2, 4, 6, and 8 for terms of two years each and until their successors are elected and qualify. Successors to these members must be elected for four-year terms at the general election every two or four years thereafter as appropriate. All members of the board shall serve until their successors are elected and qualify. Nothing in this act shall be construed to alter the staggering of terms established by this section.

At any election the candidate for each seat receiving a majority of the votes shall be deemed elected. Except for the general election, if no candidate receives a majority of votes cast, there shall be a runoff election held two weeks thereafter between the two candidates receiving the greatest number of votes.

The members of the board of trustees shall meet within ten days of their election and shall organize by electing from their number a chairman, vice chairman, and such other officers as they deem necessary. The member elected chairman shall serve as chairman for a term of one year, provided that no chairman is eligible to serve more than two consecutive terms as chairman. All meetings of the board of trustees shall be held in the Office of the Superintendent of Education for the School District of Charleston County or in another location within the county after proper notice to the public. If they so choose, the members of the board shall receive a per diem allowance of twenty-five dollars for meetings actually attended, not exceeding thirty-six meetings in any calendar year, and mileage at the rate

A vacancy occurring for any reason other than expiration of a term must be filled by special election for the unexpired portion of the term as provided in Section 7-13-190, unless the vacancy occurs within nine months of the next general election.

SECTION   7.   For the purpose of electing members of the Charleston County School Board beginning in 2004, the School District of Charleston County is divided into nine single-member election districts as shown on the official map designated as S-19-00-03 prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board, and as shown on certified copies of the official map provided to the State Election Commission and the Charleston County Election Commission by the Office of Research and Statistical Services. These single-member districts must be reapportioned by the General Assembly at the next census after the effective date of this act and every ten years thereafter based on the most recent census.

SECTION   8.   One member of the School Board of Charleston County must be elected from each of the nine single-member election districts established by law. Each member of the board must have been a legal resident of the district in which he is elected for a minimum of one year prior to the general election and must be elected by the qualified electors of that district.

The county commissioners of election shall conduct and supervise all elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the election sixty days preceding the election in the newspapers of general circulation published in Charleston County and shall publish a second notice two weeks thereafter. The cost of the elections shall be borne by Charleston County.

SECTION   9.   In addition to the duties, powers, and responsibilities now provided by law for county boards of education or boards of

(1)   adopt and alter a corporate seal;

(2)   establish the mission of the Charleston County School District and determine the benefit to be conferred by the district on what persons and at what cost;

(3)   determine, implement, evaluate, and revise as necessary a systematic, comprehensive program of educational services that assures that every child has maximum educational opportunities so that every child meets at least the minimum standard at each grade level established by the State subject to modification for professionally assessed and documented disabilities;

(4)   hire a superintendent to serve as chief executive officer of the school district;

(5)   not less than annually, establish objective educational goals for which the superintendent shall be responsible and evaluate the superintendent based on how well the school system achieves those goals;

(6)   prescribe the policies within the limits of which, reasonably interpreted by the superintendent, he shall operate the district;

(7)   borrow in anticipation of the collection of taxes, state aid, or federal aid. The borrowing must be in the form of notes, maturing not later than one year from the date of issue, bearing the rate of interest as the board determines. The notes must be payable, both principal and interest, from the funds in anticipation of the receipt of which they are issued, and to the payment of the principal of and interest on the notes for which the funds are pledged;

(8)   authorize the purchase and sale of land, and evaluate the superintendent's execution of the maintenance and repair of existing buildings and grounds, and provide long-range planning for educational programs and physical facilities;

(9)   provide educational programs for special needs children organized and conducted in cooperation with the social or civic organizations and agencies in the county or community; provide for intellectually gifted children's programs which shall challenge their talents;

(10)   keep an accurate record of board proceedings, which record must be kept in the office of the superintendent and open to public inspection;

(11)   authorize the purchase and sale of land, the planning and construction of new school facilities, and the maintenance and repair of existing buildings and grounds;

(12)   adopt a system of budgetary controls and annually adopt a budget, with power to revise when necessary, sufficient to meet the educational needs of the district;

(13)   adopt an ongoing and systematic process of evaluation and analysis to determine the cost effectiveness of instructional and other programs implemented by the school district and cause to be made such changes as are indicated by the evaluation. Exclusive of reports and evaluations specifically protected under confidentiality statutes, all evaluations of instructional and other programs will immediately be made available to the public;

(14)   cause to be conducted an annual audit of the financial affairs of the district, the results of the audit to be reported to the public. One copy of each audit must be kept in the office of the board, and one copy must be filed in the Office of the Clerk of Court for Charleston County, to be open to the public;

(15)   engage as a board not less than annually in an ongoing program of board development and training in policy governance and effective board operations; and

(16)   ensure that the school district at every level complies with both the letter and the intent of all statutes, regulations, and directives that pertain to the engagement of parents and the broader community in the process of public education.

SECTION   10.   In order to obtain funds for school purposes the board is authorized to impose an annual tax levy. The board shall hold a public hearing on the budget at least two weeks before its adoption for the purpose of receiving input to and answering questions about the budget. Notice of a public hearing must be advertised in a newspaper of general circulation in the county and shall state the date, time, and place of the hearing as well as a clearly worded statement of the requested annual tax levy. Upon certification by the board to the county auditor of the tax levy to be imposed, the auditor shall levy and the county treasurer shall collect the millage so certified upon all taxable property in the district. The Board of Trustees of the Charleston County School District shall prepare and submit to the Charleston County Legislative Delegation, as information, on or before the fifteenth day of July of each year the budget for the ensuing school year.

SECTION   11.   The Board of Trustees of the Charleston County School District shall make an annual written report to the county legislative delegation within sixty days of receipt of PACT results, the purpose of such report being to provide information on the rate and extent of improvement in the education effectiveness of the public schools of Charleston County. Information in the report must be limited to student achievement data and must compare student achievement from one year to the next, in both the aggregate and disaggregate. The categories for reporting data in the disaggregate shall be the same as required pursuant to federal reporting requirements. The report is not limited only to PACT results but shall include other relevant and timely measures of student performance such as SAT, ACT, and Exit Exam results. Reports shall be made until such time as the county legislative delegation terminates this requirement by simple majority vote at any duly constituted meeting of the delegation.

SECTION   12.   Act 340 of 1967, as and if amended, is repealed.

SECTION   13.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator KUHN explained the amendment.

Senator PINCKNEY spoke on the amendment.

The amendment was adopted.

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

The following Bills and Concurrent Resolution were carried over:

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.

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

S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

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

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".

On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was carried over.

At 1:56 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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