Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:45 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 Jeremiah 33:1-2: "The word of the Lord came to Jeremiah a second time, while he was still confined in the court of the guard; 'Thus says the Lord who made the earth... THE LORD IS HIS NAME: Call to me and I will answer you, and will tell you great and hidden things that you have not known'."

Let us pray.

Our Father, we claim a promise You made to Your children; a promise older than St. Paul and Matthew, Mark and Luke.

Our problems are great and complicated. We pray that we may not be overwhelmed by them. Let us go to our tasks today calmly... confidently... sharing the helpfulness that each of us can give to the other... and all trusting in our common Lord who says to us this morning... even us:

"Call to me and I will answer you, and will tell you great and hidden things that you have not known before."
Amen.

The PRESIDENT appointed Senators SETZLER, McCONNELL, HAYES, HAWKINS and MALLOY to escort the Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court, and members of her party to the House of Representatives for the Joint Assembly.

At 11:55 A.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:00 Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order.

The PRESIDENT announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 3520 (Word version) -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 26, 2003.

The Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court, and members of her party, were escorted to the rostrum by Senators SETZLER, McCONNELL, HAYES, HAWKINS and MALLOY and Representatives G. M. Smith, Govan, Sheheen, Sinclair and Haskins.

The PRESIDENT introduced the Honorable Jean Hoefer Toal, Chief Justice of the South Carolina Supreme Court.

Chief Justice Toal addressed the Joint Assembly, as follows:

Lieutenant Governor Bauer, President Pro Tempore McCONNELL, Speaker Wilkins, Speaker Pro Tempore Smith, Members of the Joint Assembly, my brothers and sisters of the South Carolina Judiciary, Ladies and Gentlemen:

For as long as the mind can ponder, September 11th will be a marker in the course of world history as we search for meaning in the demonic events of a year ago. As the nation works together to heal the wounds of lower Manhattan, we turn anew to the rule of law and its underlying principles of fairness, decency and honesty.

In the wake of the terrible events of September 11th, our President promised the world, "We will bring them to justice." But as the nation moved forward to make good on the President's promise, our national resolve has been tested again by the events of this past year. Our economy faces a time of crisis and challenge fueled by corporate accounting scandals, bankruptcies, and the volatility of the stock market. The sniper attacks reminded us again of our vulnerability to acts of terror. Looming war with Iraq further challenges our national resolve.

But in the face of great national turmoil, there was also much to celebrate in 2002. South Carolina and the nation celebrated the long life of public service of America's first centenarian Senator as our beloved

In this time of great national challenge, the American public is increasingly looking to its government for leadership. Here at home, our citizens have passed the torch to a man of vision and quiet confidence, Governor Mark Sanford.

The financial challenges the State currently faces are the most severe I have seen since the 1970s. But the good news is that we don't approach the task this time under the crushing yoke of spiraling inflation of those times.

Additionally, we have made significant progress toward introducing more rigorous and more accountable management into state government.

Every state general assembly in this country is facing a financial crisis as it approaches the task of adopting a general appropriations bill this year. My colleagues in the Judicial Branch yearn for me to spend this time making a strong financial plea to you, and certainly this last year's cuts have been devastating to our state court system.

Three years ago, the annual appropriation for the Judicial Branch was $41,775,000, about 4/5 of 1 percent (.0785) of the state's budget. As this fiscal year began, our appropriation was $38,400,000. And with the across-the-board cuts, we're at $35,000,000. The budget Ways and Means recommends for our state court system for the next fiscal year is $32,135,000 of state money, representing less than 3/4 of 1 percent (.0706) of the state's budget. The Judicial Branch has not received this small a portion of the state budget in absolute dollars or percentage in eight years. And yet in the face of this bleak financial picture, I come here today to thank you for what you have done.

Last year, I came to your leadership and explained that I simply could not operate your court system at the level of state funding that was projected. And you responded by the adoption of a motions fee, an increase in court filing fees, and an increase in child support collection fees. We have spent much time this fall with the clerks of court, attempting to assure that these fees are correctly remitted to the counties and to the Judicial Branch.

I have made administrative adjustments in the application of the motions fees to address the concerns of practicing lawyers. I thank Representative John Graham Altman for expressing these concerns in the Bill he prefiled. I believe my most recent adjustments deal

I have sat in your seat. I have walked in your shoes in making the tough budget choices that a changing economy presents to you. I simply plead with you to stay the course, and I thank you in advance for your continued support. This year will simply be a scramble to survive.

But more long term, permit me to make a few modest suggestions. There is great opportunity in adversity. I urge you to seize this moment to look more deeply at how you encourage and incentivize good public management.

We have a new Governor who has a real commitment to changing the way we manage state government. Every line in the General Appropriations Bill has a constituency that clamors for your attention and support. Our approach sometimes pits groups, agencies and even the three branches against each other in a scramble for scarce state resources. Now I fully understand that you can't change your current process in midstream, and I wouldn't expect you to. But in the interim - before next year - when you are making a more long-term study of state budgeting, consider that effective management should be encouraged and rewarded in state government. Additionally, there is a need to place priority on core constitutional functions - the Governor, the general assembly, and the courts. I long to have the financial needs of the Judicial Branch evaluated on how effectively we use sound management practices but also on the essential nature of our constitutional function. You could completely defund the core of the three branches of government - the courts, legislature, and Governor's Office. You would destabilize our State and not come close to balancing the budget because those core functions take a very small amount of the total state budget. The big financial decisions will have to involve the hard job of setting priorities, but I say, with no apology, that there is a governmental core which both constitutional mandate and ordered liberty require. It includes this body. It includes the Governor's Office, and it surely includes the courts.

The Judicial Branch received less than $10 per capita last year. We have the lowest court budget and per capita allocation by a significant percentage than 10 of our sister states with similar population. The next closest state has a court budget nearly 20 percent greater than ours.

But I tell you that we manage our state system with a small state staff and collaboration with our 46 clerks of court. Most states our size have a large state and regional administrative team. Additionally, South

In each of my previous State of the Judiciary addresses, I've emphasized reduction in the backlog of the criminal court - the General Sessions Court of South Carolina - as a top priority. We owe it to the victims, the accused, and the people of this State to dispose of criminal cases quickly and fairly. We haven't added any additional trial judges in South Carolina in seven years, and yet our criminal caseload continues to increase exponentially. We're committed to a two-pronged approach to case management: First, develop more efficient ways of managing the criminal docket - second, use technology to manage the cases we try.

I strongly support the continued control of the criminal docket by our circuit solicitors. I have developed a very close working relationship with each of them. Together, we are developing new approaches to managing criminal cases in South Carolina.

Special recognition goes to Solicitor Barney Giese of the 5th Circuit who, over the past year, piloted a differentiated case management system for the Richland County criminal docket. The purpose of the program is to reduce backlogs by placing criminal cases on different timeline tracks depending on the severity and complexity of the case.

You can see the chart on the overhead. The bottom line is this: he started the year with 6,800+ cases pending. He added an additional 8,955, and at the end of the year, through a new system of management, Solicitor Giese disposed of 11,450 cases and came up with 4,847 cases pending at year end. That's almost a third of a reduction in caseload for Richland County without spending any additional state funds or adding any additional personnel. Through more effective management and integration of technology, significant results are being achieved for the citizens of our great State.

This effort involved coordination from the time the warrant for a general sessions case was issued by a magistrate to the time the case is disposed. Much credit goes to Solicitor Giese, Judge Henry Floyd, Justice Costa Pleicones, Clerk Barbara Scott and the magistrates and

Other solicitors are now reviewing these efforts at differentiated case management. Through use of federal grants, I have been able to assign retired Circuit Judge Ed Cottingham to Orangeburg County to work with Solicitor Walter Bailey to develop a similar program for a county whose general sessions case rate continues to explode.

Two years ago, the Supreme Court and Court of Appeals began to hold terms for the appellate courts around the State. This past March, our Supreme Court sat in Charleston's Historic Courthouse - quite a thrill - in connection with its reopening almost 13 years after the devastation of Hurricane Hugo. The Supreme Court also conducted a term in Greenville in October. And during the past year, the Court of Appeals has held court in Greenville and Conway. In each instance, our courts selected cases involving litigants from the area. Local bar associations mentored grade school, middle school, high school and college students who read briefs, came to the arguments, and had a big question-and-answer session with the court afterward. It was a wonderful outreach, well received by the educational and legal communities as well as the public at large in these areas. And our county clerks of court and local judges felt a real sense of pride in participating in these special appellate sessions. We'll try to do more of that.

I've reorganized the existing administrative functions of our state court system under seven directors.

No additional personnel or change in pay has been instituted, simply a reorientation of how we do business.

This directors' team meets monthly. And our internal processes are becoming focused on results using the fundamentals of project management. This means as we identify projects, we set timelines and schedules; we identify deliverables - the results we intend to achieve; we identify, on the front end, the resources by way of personnel, equipment, facilities, supplies and technology necessary to move that project forward.

We strive for tangible business results based on strategic planning and process management. But central to our operation is the concept of servant leadership, which, frankly, I believe is embodied in the Preamble to the Constitution of the United States. "We the people, in order to form a more perfect union" was a bold proclamation that

Strategic decisions about rebuilding South Carolina's economy are rightly in the hands of this General Assembly and our Governor, but courts, if they are effective, can play a very strong supporting role in building this state's economy.

Indeed, the very creation of the first civil courts some 600 years ago was driven by desire to build commerce. If merchants in Rome wanted to trade with the makers of goods in Nice, they needed a common rule about enforcing contracts. They needed reliable courts where they could seek relief if they did not get paid.

The automaker BMW and our own Milliken Industries are examples of manufacturing firms which chose to locate in our State and provide new jobs for thousands of South Carolinians. These businesses would not locate or remain here unless they could, with confidence, manufacture their goods, ship them elsewhere and know they would be paid by the buyers and have recourse to an effective court to enforce their contracts.

In a time of severe cuts to our recurring budget, greater efficiency is the key to keeping courthouses open in South Carolina.

Our real success story has been to utilize grant monies obtained in partnership with the criminal justice community to continue our efforts to employ technology to provide more timely and accurate information and to streamline our operations. Although courts are robed in tradition, we are leveraging technology to modernize our operations and improve our abilities to serve. The Judicial Branch continues to enhance our web presence, and we are in the midst of instituting a statewide court case management system. These efforts have involved clerks of court, county technology directors, and numerous local officials who participated in the design and the award of a contract which will pilot a case management system we hope will be up and running later this year in Greenville, Pickens and Richland.

There are some real heroes in encouraging our beginning efforts at court automation in South Carolina. Federal sources include significant commerce-justice-state appropriations secured under the leadership of Senator Ernest Hollings, with the support of Senator Lindsey Graham and the six members of our South Carolina Congressional Delegation. The collaboration with SLED and the support of the South Carolina Office of Justice Programs have enabled other significant federal grants

The majority of these funds are being used at the local level to introduce and implement technology. In the year 2000, very few judicial personnel, judges or staff used e-mail or had reliable, high-speed Internet connectivity. Few of the county courthouses were even equipped to participate in the use of internet technology. Today, through much collaboration with other state agencies and the individual counties, nearly 25 of the 46 county courthouses now have this reliable, high-speed connectivity, and my goal is to assist - which I have been doing with grant monies our department has obtained - and have all 46 counties so equipped before the end of next fiscal year.

South Carolina is one of the few states in the country where every county clerk of court's office has its own website. It is the basic management portal or tool. I, myself, now regularly rely on e-mail and our website as my primary communications vehicle. I'm trying to lead by example and provide these tools in all eight levels of court. And I think it's really created what the pundits call a paradigm shift, a momentum and enthusiasm and a collaboration between state and local governments that is very uncommon in this day and age.

Many counties are now using technology to develop cost savings in their court system. The counties stepping forward are not just the large, progressive counties that everyone expects. They're the rural counties as well: the Bambergs, the Barnwells, the Colletons, and the Hamptons. The clerks of court in many counties are now putting their court rosters online, which is saving them precious county funds. The smallest, most rural counties are now able to save at least $500 a month by using online rosters.

But I know technology itself is not a panacea; it is the proper integration of this new tool into the business processes of our branch of government that I believe produces results. These results are beginning to be recognized nationally and within our own State. The National Center for Digital Government recognized us with their "In the Arena Award," and the South Carolina State Library recognized our website as the best in the State last year.

The Judicial Branch is proud of our accomplishments, but achieving these initial goals has shown us how much we have left to do in order to realize our vision.

Major encouragement for our management approach has also been given by Speaker Wilkins, Ways and Means Chairman Harrell, President Pro Tempore McCONNELL, and Finance Chairman LEATHERMAN. Times are very difficult financially for our beloved state, but the Speaker, the President, and these Chairmen have treated the Judicial Branch as a coequal branch of government. House Subcommittee Chair Chip Limehouse, Representatives McGee and Cobb-Hunter, with input from the Speaker Pro Tempore and Representative Annette Young, have developed a unified approach to some additional criminal justice funding which holds much promise. And major thanks also goes to Senate Finance Subcommittee Chairman Senator DAVID THOMAS and to Senators KAY PATTERSON, MAGGIE GLOVER, BRAD HUTTO, and J. VERNE SMITH, who have continued to help work with us to finance the court system.

Over the past year our courts and our counterpart federal judges in South Carolina have considered the issue of whether and when public court records and judge-ordered settlements should be sealed from public view.

Concern in both our courts has revolved around issues of public health and safety. The heartbreaking scandal of long-time sexual abuse by clergy in the Catholic Church - my own church, the question of whether lives could have been saved by early public disclosure in tire separation cases, and issues involving child and health care malpractice have fueled much public interest in this matter of sealed settlements. The federal courts of South Carolina adopted a local rule which banned all court-ordered or court-approved secret settlements.

Your Supreme Court conducted public hearings on this matter, and we adopted a rule which we believe balances the public's right to access information about cases litigated in the public's courts with the need for privacy which arises particularly in our family courts and in mental health proceedings in probate court. We have not interfered with any party's right to settlement as a matter of private contract. You privately contract -- that's your business. However, if the parties use the power of the judge to evaluate, approve, and enforce a settlement, such matters must be public unless the court finds compelling reasons for privacy that outweigh the public interest. We have presented these rules to the House Judiciary Committee and hope to appear before the Senate Judiciary Committee as well. And we believe public confidence is enhanced by the adoption of these balanced rules.

At the midwinter meeting of the Conference of Chief Justices from which I have just returned, the method of selection of state court judges continues to be a major topic of concern. Nationally, the states are almost evenly divided between those which select by popular election and those which use gubernatorial appointment, many with retention elections.

The spending of enormous sums on high-pressure media campaigns has turned many state judicial elections around the country into low, nasty, negative campaigns waged in an atmosphere of instant sound bites and big money. Several of my fellow chiefs have described their elections as a disgrace and an outrage.

The public of South Carolina is weary of uncivil public debate. Public confidence in government as a whole, and in our judicial branch in particular, is much enhanced by our own measured and merit-grounded approach to judicial selection. Our method of selection by a joint assembly of this General Assembly is the envy of the country, and the quality of our bench reflects the high quality of our process and of your deliberation.

I proudly present to you at this time Justices Moore, Waller, Burnett and Pleicones from my court. Will you stand? Thank you. I also proudly present Chief Judge Hearn of the Court of Appeals and her colleagues: Judges Goolsby, Cureton, Connor, Howard, Stillwell, Huff, Anderson and Shuler. Will you please stand? Thank you. And I ask that, in the gallery, all who wear the robe and all members of the Judicial Department stand for a moment so that these members of the General Assembly might acknowledge your presence, as I do, and thank you very much for coming today.

When the history of court modernization and the continued vitality of an independent and responsible judiciary in South Carolina are recorded, the names of our Judiciary Committee Chairs GLENN McCONNELL and Jim Harrison and the names of each member of the General Assembly will be writ large as guardians of our independence and our accountability.

And, finally, permit me a point of personal privilege if you would. I came to the floor of this House as a 31-year-old wife and mother. My little three-year-old, Jean, grew up in this Chamber, as did her younger sister, Lilla. You bought their Girl Scouts cookies. They learned to use computers, and they learned a lot about how to share and how to serve in this Chamber. I remember with great affection the many other

Everyone is motivated by a different cause, but all of us strive to bring and build a better world for our children and grandchildren. Thank you for what you do for South Carolina and Godspeed.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:37 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:30 P.M. and was called to order by the PRESIDENT.

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

Columbia, S.C., February 26, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.6, H. 3327 by a vote of 11 to 0:
(R6, H3327 (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

Received as information.

(R6, H3327 (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.

The veto of the Governor was taken up for immediate consideration.

Senator FAIR spoke on the veto.

Senator FAIR moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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 necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Columbia, S.C., February 26, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.7, H. 3377 by a vote of 10 to 0:
(R7, H3377 (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.
Very respectfully,
Speaker of the House

Received as information.

(R7, H3377 (Word version)) -- Rep. Haskins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE

The veto of the Governor was taken up for immediate consideration.

Senator FAIR spoke on the veto.

Senator FAIR moved that the veto of the Governor be overridden.

Senator LEVENTIS raised a Point of Order that action on a veto of the Governor on a local matter would require a two-thirds vote of the entire membership of the Senate as opposed to a vote by the members of the affected legislative delegation.

Senator McCONNELL spoke on the Point of Order.

Senator J. VERNE SMITH spoke on the Point of Order.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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 necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

The following was received and referred to the appropriate committee for consideration:

Document No. 2822
Agency: Department of Social Services
SUBJECT: Food Stamp Program
Received by Lieutenant Governor February 26, 2003
Referred to General Committee
Legislative Review Expiration June 26, 2003
(Subject to Sine Die Revision)

Senator LAND introduced Dr. Gary Culbertson of Sumter, S.C., Doctor of the Day.

The following were introduced:

S. 415 (Word version) -- Senators Short, Hutto, Drummond, Leventis, Gregory and Giese: A BILL TO AMEND SECTION 59-29-80 OF THE 1976 CODE, RELATING TO COURSES IN PHYSICAL EDUCATION, TO PROVIDE IN ACCORDANCE WITH ADOPTED SOUTH CAROLINA PHYSICAL EDUCATION CURRICULUM STANDARDS, STUDENTS IN GRADES KINDERGARTEN

Senator SHORT spoke on the Bill.

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

S. 416 (Word version) -- Senators Hutto, Short, Drummond, Leventis, Gregory and Giese: A BILL TO AMEND CHAPTER 5 OF TITLE 59 OF THE 1976 CODE, BY ADDING SECTION 59-5-73, TO PROVIDE THAT NO PUBLIC SCHOOL MAY HAVE AVAILABLE TO STUDENTS, IN THE CAFETERIA OR ON THE SCHOOL GROUNDS, FOOD OR DRINK THAT EXCEEDS OR DOES NOT COMPLY WITH DIETARY LIMITATION REQUIREMENTS PROVIDED FOR IN THE NATIONAL SCHOOL LUNCH ACT AND THE MOST RECENT APPLICABLE DIETARY GUIDELINES FOR AMERICANS.
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Senator SHORT spoke on the Bill.

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

S. 417 (Word version) -- Senators Martin and Ford: A BILL TO AMEND SECTION 7-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION CONTAIN THE APPLICANT'S SOCIAL SECURITY NUMBER.
l:\council\bills\dka\3209dw03.doc

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

S. 418 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2380 SO AS TO PROVIDE PENALTIES FOR PERSONS WHO CAUSE INJURY OR DEATH WHEN FAILING TO YIELD THE RIGHT-OF-WAY UNDER CERTAIN CIRCUMSTANCES.
l:\council\bills\swb\5225cm03.doc

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

S. 419 (Word version) -- Senators J. Verne Smith, Fair, Hutto, McConnell, Moore, Rankin and Richardson: A BILL TO AMEND SECTION 44-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE EXEMPTION FOR OFFICES OF LICENSED PRIVATE PRACTITIONERS AND REQUIRE THAT A LICENSED PRIVATE PRACTITIONER OBTAIN A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEFORE UNDERTAKING CONSTRUCTION OR ESTABLISHMENT OF A NEW HEALTH CARE FACILITY OR ACQUIRING CERTAIN MEDICAL EQUIPMENT USED FOR DIAGNOSIS OR TREATMENT.
l:\council\bills\bbm\9495djc03.doc

Read the first time and referred to the Committee on Medical Affairs.

S. 420 (Word version) -- Senators Leatherman, Land, Knotts and Malloy: A JOINT RESOLUTION TO EXEMPT FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2003.
l:\council\bills\ggs\22888htc03.doc

Senator LEATHERMAN spoke on the Resolution.

Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, S. 420 was ordered placed on the Calendar without reference.

S. 421 (Word version) -- Senator Ritchie: A SENATE RESOLUTION TO CONGRATULATE ERIC YOUNG OF UNION ON BEING NAMED TO THE PARADE ALL-AMERICAN FOOTBALL TEAM FOR 2002, COMMEND HIM FOR THE HARD WORK AND DEDICATION IT TOOK TO BECOME ONE OF THE BEST HIGH SCHOOL OFFENSIVE LINEMEN IN THE NATION, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
l:\council\bills\nbd\11296djc03.doc

The Senate Resolution was adopted.

H. 3016 (Word version) -- Reps. Altman, Simrill, Coates and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-115 SO AS TO PROVIDE A FORFEITURE PROCEDURE WITH RESPECT TO CASH THAT IS CONFISCATED FROM A PERSON ARRESTED FOR A PROSTITUTION VIOLATION; AND TO AMEND SECTION 16-15-110, RELATING TO PENALTIES FOR PROSTITUTION VIOLATIONS, SO AS TO PROVIDE THAT CASH CONFISCATED PURSUANT TO AN ARREST FOR PROSTITUTION IS SUBJECT TO FORFEITURE.

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

H. 3165 (Word version) -- Reps. Harrison, Lucas, G. M. Smith, Cobb-Hunter, Cotty and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-29 SO AS TO PROVIDE THAT A PERSON CONVICTED OF MURDER WHO WAS MENTALLY RETARDED AT THE TIME OF THE OFFENSE MUST NOT BE SENTENCED TO DEATH, BUT MUST BE SENTENCED TO LIFE IMPRISONMENT; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO PUNISHMENT FOR MURDER, SO AS TO DELETE MENTAL RETARDATION AS A MITIGATING CIRCUMSTANCE.

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

H. 3280 (Word version) -- Reps. Harrison and Clemmons: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF THE BOARDS AND COMMISSIONS ON WHICH MEMBERS OF THE GENERAL ASSEMBLY MAY SERVE, SO AS TO ALLOW MEMBERS TO SERVE ON THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.

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

H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J. E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J. M. Neal, Phillips, Rivers, Scarborough, G. M. Smith, Tripp, Umphlett and Lloyd: A BILL TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE

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

H. 3575 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS; AND TO AMEND SECTION 27-18-180, AS AMENDED, RELATING TO REPORTS OF UNCLAIMED PROPERTY, SO AS TO REQUIRE THE FILING OF A REPORT OF UNCLAIMED DEMUTUALIZATION PROCEEDS BEFORE MAY FIRST.

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

H. 3619 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO CONTINUE TO GRANT PENSION MONIES AND

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

H. 3621 (Word version) -- Rep. W. D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ABOLISH THE ALTERNATIVE MINIMUM TAX.

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

H. 3664 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO REFLECT ON TWO HUNDRED YEARS OF GOOD RELATIONS WITH FRANCE, AMERICA'S FIRST ALLY, EXPRESS GENUINE REGRET OVER THE RECENT ACTIONS OF FRANCE IN OPPOSING AMERICAN FOREIGN POLICY REGARDING IRAQ, AND CALL UPON FRANCE TO SUPPORT THE EFFORTS OF THE UNITED STATES TO RID IRAQ AND THE WORLD OF THE EVIL DICTATOR SADDAM HUSSEIN AND HIS WEAPONS OF MASS DESTRUCTION.

The Concurrent Resolution was introduced and referred to the General Committee.

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

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

H. 3679 (Word version) -- Reps. Perry, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. 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,

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

H. 3680 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. 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, Witherspoon and Young: A CONCURRENT RESOLUTION THANKING FOSTER MILLER "BILLY" ROUTH III FOR HIS LONG YEARS OF DEDICATED

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

H. 3683 (Word version) -- Reps. Weeks, G. M. Smith and G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO TERRY KINARD OF SUMTER, A DOMINATE DEFENSIVE FORCE FOR THE CLEMSON UNIVERSITY TIGERS FROM 1978 UNTIL 1982 AND FOR THE NEW YORK GIANTS FOR SEVEN YEARS, ON HIS MANY ATHLETIC ACCOMPLISHMENTS, INCLUDING HIS MOST RECENT HONOR OF BEING INDUCTED INTO THE SOUTH CAROLINA ATHLETIC HALL OF FAME.

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

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

S. 85 (Word version) -- Senators Hayes, Ravenel, Reese and Courson: A BILL TO AMEND SECTION 8-13-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE WITHIN THEM THE POWER TO ASCERTAIN WHETHER A PERSON HAS FAILED TO COMPLY FULLY AND ACCURATELY WITH THE DISCLOSURE REQUIREMENTS AND NOTIFY THE PERSON TO FILE THE NECESSARY NOTICES AND REPORTS TO SATISFY THE REQUIREMENTS OF CHAPTER 13 OF TITLE 8 AND TO RECEIVE COMPLAINTS FILED BY INDIVIDUALS AND TO FILE COMPLAINTS WHEN ALLEGED VIOLATIONS ARE IDENTIFIED.

Ordered for consideration tomorrow.

Senator KNOTTS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 143 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, AND USE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OPERATING A MOTOR VEHICLE TO KNOWINGLY AND WILFULLY GIVE FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER REGARDING HIS IDENTITY.

Ordered for consideration tomorrow.

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

S. 209 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.

Ordered for consideration tomorrow.

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

S. 216 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT ADDITIONAL PROVISIONS OF LAW THAT WOULD FURTHER REGULATE THE AMOUNT OF VIOLENCE, DRUGS, SEX, AND INAPPROPRIATE LANGUAGE AND BEHAVIOR ON TELEVISION WHICH CAN BE EXPECTED TO BE SEEN BY CHILDREN.

Ordered for consideration tomorrow.

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

H. 3344 (Word version) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J.E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W.D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker,

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee polled out H. 3583 favorable:

H. 3583 (Word version) -- Reps. Neilson, J. Hines, Gourdine, Hosey, Govan, Barfield, Battle, Bowers, Davenport, Freeman, M. Hines, Leach, McCraw, Miller, Moody-Lawrence, Phillips, G.M. Smith, J.R. Smith, Snow, Thompson, Vaughn and Weeks: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, AND SPECIFICALLY THE HONORABLE JOHN SPRATT, TO AWARD WILLIAM G. "BILLY" FARROW THE CONGRESSIONAL MEDAL OF HONOR FOR HIS VALOR EXHIBITED IN LAYING DOWN HIS LIFE FOR HIS COUNTRY DURING DOOLITTLE'S RAID ON TOKYO, APRIL 18, 1942.

Mescher                   Holland                   McConnell
Leventis                  Patterson                 McGill
O'Dell                    Thomas                    Hayes
Elliott                   Martin                    Ryberg
Alexander                 Richardson                Hawkins
Reese                     Short

Ordered for consideration tomorrow.

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.

Returned with concurrence.

Received as information.

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

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

S. 6 (Word version) -- Senators McConnell, Kuhn, Mescher, Elliott, Alexander, Ravenel, Reese, Knotts, Richardson, Peeler, Leatherman and Rankin: A BILL TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO CHANGE THE DEFINITION OF "COMMERCIAL SOLICITATION"; AND TO AMEND SECTION 30-2-50, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.

S. 122 (Word version) -- Senators Moore, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

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

Senators MOORE and J. VERNE SMITH proposed the following amendment (GGS\22892AC03), which was adopted:

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

/ SECTION   1.   Chapter 5, Title 27 of the 1976 Code is amended by adding:

"Section 27-5-75.   (A)   A right of ingress and egress exists for descendents of persons interred on real property whether or not the document transferring the property grants such a right of ingress and egress or expressly indicates the presence of burial grounds on the property. The right of ingress and egress permitted pursuant to this section must be exercised at seasonable times and in a reasonable manner for the limited purpose of visiting, repairing, and maintaining the burial grounds. Activities associated with this purpose may not unnecessarily injure the owner of the land in its current use.

(B)   Except as specifically provided in this section, an owner of land owes no duty of care to keep the premises safe for entry or use by persons who have sought and obtained permission to use it for the limited purpose of visiting, repairing, and maintaining the burial ground or to give any warning of a dangerous condition, use, structure, or activity on these premises to the descendents of persons interred on the property.

(C)   Except as specifically provided in this section, an owner of land who permits without charge any person having sought permission to use his property for the limited purpose of visiting, repairing, and maintaining the burial ground does not thereby:

(1)   extend any assurance that the premises are safe for any purpose;

(2)   confer upon the person the legal status of an invitee or licensee to whom a duty of care is owned;

(3)   assume responsibility for or incur liability for an injury to person or property caused by an act of or omission of a person using the property.

(D)   Nothing in this section limits in any way any liability which otherwise exists for grossly negligent, wilful, or malicious failure to guard or warn against a dangerous condition, use, structure, or activity."

SECTION 2. This act takes effect upon approval by the Governor. /

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.

S. 166 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM A PUBLIC ROAD, SO AS TO AMEND THE DEFINITION OF "HUNTING".

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

The Committee on Fish, Game and Forestry proposed the following amendment (GGS\22874HTC03), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/ SECTION   1.   Section 50-11-760(B)(1) of the 1976 Code, as last amended by Act 69 of 2001, is further amended to read:

"(1)   For purposes of this section, "hunting" includes:

(a)   taking deer by occupying stands for that purpose; and

(b)   possessing, carrying, or having readily accessible:

(i)   a loaded centerfire rifle; or

(ii)   a shotgun loaded with shot size larger than number four.

(1)   It is unlawful for a person to stand or stop on the road while possessing, carrying, or having readily accessible:

(a)   a loaded rifle; or

(b)   a loaded shotgun." /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

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

H. 3500 (Word version) -- Reps. Mahaffey, Walker, Littlejohn and Sinclair: A BILL TO AMEND ACT 1958 OF 1972, AS AMENDED, RELATING TO THE HOLLY SPRINGS RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM FIFTY TO FIVE HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW IN ANTICIPATION OF TAXES.

On motion of Senator HAWKINS, H. 3500 was ordered to receive a third reading on Thursday, February 27, 2003.

H. 3652 (Word version) -- Reps. Rivers and Bowers: A BILL TO ALLOW THE IMPOSITION OF THE CAPITAL PROJECTS SALES TAX IN HAMPTON COUNTY EFFECTIVE MAY 1, 2003.

On motion of Senator HUTTO, H. 3652 was ordered to receive a third reading on Thursday, February 27, 2003.

S. 29 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT A MALE EIGHTEEN YEARS OF AGE OR OLDER FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON IS IN COMPLIANCE WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN

S. 70 (Word version) -- Senators Moore, Elliott, Hayes, Reese, Courson, Mescher and Rankin: A BILL TO AMEND SECTION 59-39-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DIPLOMAS TO HIGH SCHOOL STUDENTS WHO ENLISTED IN THE MILITARY DURING WORLD WAR II, SO AS TO ALSO INCLUDE THE ISSUANCE OF DIPLOMAS TO STUDENTS WHO ENLISTED DURING THE PERIOD OF JUNE 25, 1950, THROUGH JULY 27, 1953, THE KOREAN WAR.

S. 131 (Word version) -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.

H. 3633 (Word version) -- Rep. Duncan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 23, 2003, AND JANUARY 24, 2003, BY THE STUDENTS OF ANY SCHOOL IN THE LAURENS COUNTY SCHOOL DISTRICT NUMBER FIFTY-SIX WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, IS EXEMPT 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. 144 (Word version) -- Senators Knotts, Reese and Rankin: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO PROVIDE THAT A FULL-TIME COMMISSIONED LAW ENFORCEMENT OFFICER WHO IN THE LINE OF DUTY IS ASSAULTED OR INJURED WHILE ARRESTING OR ATTEMPTING TO ARREST A PERSON MAY BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY HIS EMPLOYER RATHER THAN SICK LEAVE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (GGS\22877HTC03), which was adopted:

Amend the bill, as and if amended, striking Section 8-11-40, as contained in SECTION 1, beginning on page 1, and inserting:

/   Section 8-11-40.   All permanent full-time state employees in FTE positions are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent full-time state employees in FTE positions at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board. All permanent part-time and hourly state employees in FTE positions are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified herein in this section. In the event If an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board, through the Division of Personnel, may promulgate those regulations in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.

Permanent full-time State employees in FTE positions who are temporarily disabled as a result of an assault by an inmate, patient, or client physically attacked while in the performance of official duties and suffer bodily harm as a result of the attack must be placed on administrative leave with pay by their employer rather than sick leave.

Employees earning sick leave as provided in this section may use not more than eight ten days of sick leave annually to care for ill members of their immediate families. For purposes of this section, the employee's 'immediate family' means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, or legal guardian and grandchildren if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild. /

Amend title to conform.

Senator LEATHERMAN explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

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 AREA SUPERINTENDENTS TO CONSULT WITH SCHOOL PRINCIPALS AND TO ACT AS INTERMEDIARY BETWEEN THE PRINCIPALS AND THE DISTRICT SUPERINTENDENT; TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT SHALL CONSIST OF NINE MEMBERS WHO MUST BE ELECTED IN PARTISAN ELECTIONS FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2004, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER

On motion of Senator KUHN, the Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 14 (250-10-PINCKNEY) proposed by Senator PINCKNEY and previously printed in the Journal of Wednesday, February 19, 2003.

Senator PINCKNEY asked unanimous consent to substitute Amendment No. 14A for Amendment No. 14.

There was no objection.

Senators KUHN and PINCKNEY proposed the following Amendment No. 14A (GJK\20269SD03), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/   SECTION   2.   (A)   The present members of the eight constituent district board of trustees of Charleston County shall continue to serve until their current terms of office expire at which time the boards are abolished and their powers, duties, assets, and liabilities transferred to and devolved upon the Charleston County School Board of Trustees.

(B)   The board of trustees shall appoint Community Education Improvement Councils in four regions of the county to serve in an advisory capacity and to perform such other functions as may be designated by the board of trustees. The four regions shall consist of:

(1)   Region 1 (East Cooper), that part of Charleston County previously included in former constituent districts 1 and 2;

(2)   Region 2 (Peninsular Charleston/North Charleston) that part of Charleston County previously included in former constituent districts 4 and 20;

(3)   Region 3 (West Ashley) that part of Charleston County previously included in former constituent districts 3 and 10;     (4)   Region 4 (Edisto Area) that part of Charleston County previously included in former constituent districts 9 and 23.

The board of trustees shall establish criteria for service on the Community Education Improvement Councils and shall establish by board policy a process by which potential members shall be identified

(C)   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. /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

Senator PINCKNEY moved that the amendment be adopted.

Amendment 14A was adopted.

Senator PINCKNEY proposed the following Amendment No. 16 (250-12-PINCKNEY), which was not adopted:

Amend the bill, as and if amended, page 3, lines 13 through 27, by striking SECTION 4 and inserting:

/   SECTION   4. 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 from single-member districts in the manner hereinafter specified in this act. The present members of the board of the district shall continue to serve until the time specified in this act, at which time the members of the board elected in the manner provided for in this act shall take office.   /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

Senator PINCKNEY moved that the amendment be adopted.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Ford (22.89)              Pinckney (11.46)

Branton (1.31)            Grooms (2.68)             Kuhn (14.70)
McConnell (25.54)         Mescher (8.60)            Ravenel (12.83)

By a weighted vote of 65.66 to 34.35, the amendment was not adopted.

Senators PINCKNEY and KUHN proposed the following Amendment No. 17A (250-14-PINCKNEY), which was adopted:

Amend the bill, as and if amended, page 4, lines 34 through 43 and continuing on page 5, lines 1 and 2, by striking SECTION 7 and inserting:

/   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 (A) 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

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Branton (1.31)            Ford (22.89)              Grooms (2.68)
Kuhn (14.70)              McConnell (25.54)         Mescher (8.60)
Pinckney (11.46)          Ravenel (12.83)

By a weighted vote of 100 to 0, the amendment was adopted.

Senators PINCKNEY and KUHN proposed the following Amendment No. 19 (250-15-PINCKNEY), which was adopted:

Amend the bill, as and if amended, page 5, lines 22 through 43, continuing on page 6 lines 1 through 43 and continuing on page 7, lines 1 and 2, by striking SECTION 9 and inserting:

/   SECTION   9. In addition to the duties, powers, and responsibilities now provided by law for county boards of education or boards of school trustees, the Board of Trustees of the Charleston County School District shall:

(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)   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;

(10)   Provide for the disbursement of all county, state, and federal educational funds received by the county or by any constituent district in the county.

(11)   provide educational programs for physically and mentally handicapped 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;

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

(13)   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;

(14)   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;

(15)   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;

(16)   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;

(17)   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

(18)   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.     /

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

Senator PINCKNEY moved that the amendment be adopted.

The amendment was adopted.

Senator GROOMS desired to be recorded as voting against the adoption of Amendment No. 19.

Senator PINCKNEY proposed the following Amendment No. 20 (250-16-PINCKNEY), which was adopted:

Amend the bill, as and if amended, page 7, lines 20 through 35 by deleting SECTION 11.

Renumber sections to conform.

Amend title to conform.

Senator PINCKNEY explained the amendment.

Senator KUHN argued contra to the adoption of the amendment.

Senator PINCKNEY moved that the amendment be adopted.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Branton (1.31)            Ford (22.89)              Grooms (2.68)
McConnell (25.54)         Mescher (8.60)            Pinckney (11.46)
Ravenel (12.83)

Kuhn (14.70)

By a weighted vote of 85.31 to 14.7, the amendment was adopted.

There being no further amendments, the question then was the second reading of the Bill.

Senator PINCKNEY spoke on the Bill.

Senator KUHN spoke on the Bill.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Branton (1.31)            Ford (22.89)              Grooms (2.68)
Kuhn (14.70)              McConnell (25.54)         Mescher (8.60)
Pinckney (11.46)          Ravenel (12.83)

By a weighted vote of 100 to 0, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator KUHN, S. 250 was ordered to receive a third reading on Thursday, February 27, 2003.

H. 3341 (Word version) -- Rep. Lee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO HEARON CIRCLE "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".

Senator HAWKINS asked unanimous consent to make a motion that the Concurrent Resolution be recalled from the Committee on Transportation.

There was no objection and the Concurrent Resolution was recalled from the Committee on Transportation.

Senator HAWKINS asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

Senators HAWKINS, REESE and RITCHIE proposed the following amendment (BBM\9507CM03), which was adopted:

Amend the concurrent resolution, as and if amended, by striking all after the resolving words and inserting:

/   That   the members of the General Assembly of the State of South Carolina request the Department of Transportation to name 2.7 miles of United States Highway 221 in Spartanburg County from the city limits on South Church Street to the intersection of North Church Street (U. S. 221) and S. C. 56 at the fountain as "Martin Luther King, Jr. Memorial Highway", and to install two appropriate markers or signs containing the words "Martin Luther King, Jr. Memorial Highway" at the beginning and end of this portion of highway.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation. /

Amend title to read:

/ TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A CERTAIN PORTION OF UNITED STATES HIGHWAY 221 IN SPARTANBURG COUNTY AS "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY". /

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted, as amended, ordered returned to the House with amendments.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

Senator O'DELL spoke on the Bill.

Senator PATTERSON argued contra to the Bill.

With Senator PATTERSON retaining the floor, Senator LAND, with unanimous consent, was recognized to address brief remarks to the Senate regarding the Bill.

At 4:05 P.M., Senator MARTIN assumed the Chair.

Senator LAND continued speaking on the Bill.

At 4:16 P.M., Senator McCONNELL assumed the Chair.

Senator LAND continued speaking on the Bill.

At 4:26 P.M., the PRESIDENT assumed the Chair.

With Senator PATTERSON retaining the floor, Senator MARTIN, with unanimous consent, was recognized to address brief remarks to the Senate regarding the Bill.

Senator PATTERSON argued contra to the Bill.

On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator PATTERSON retaining the floor.

On motion of Senator VERDIN with unanimous consent, the Senate stood adjourned in memory of Mr. George C. Bedenbaugh of Saluda, S.C. He was a former member of the Army Reserve and National Guard. He was a retired agriculture teacher and guidance counselor and was a rural mail carrier in Saluda County. He had been a supervisor with the Department of Agricultural Statistics, Federal Crop Insurance Adjustor and realtor.

At 5:47 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 3:45 P.M.