Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear the Psalmist...Psalm 71:4-5:
"Rescue us, O our God, from the hand of the wicked, from the grasp of the unjust and cruel. For You, O Lord, are our HOPE!"
Let us pray.

Father, we love the blue walls of our Senate Chapel, where all faiths may pray, because for us the color blue is the symbol of HOPE.

Lift up our hearts with the knowledge that there really are no HOPELESS situations... but there can be HOPELESS PEOPLE in any situation.

Give us, Father, the spiritual equivalent of the airplane pilot flying above the clouds when he said to the frightened passenger, "UP HERE THE SUN IS ALWAYS SHINING."

Thank You!
Amen!

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

The following appointment was transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Director, Department of Alcohol and Other Drug Abuse Services, with term coterminous with Governor

Willie Lee Catoe, 9813 Highgate Road, Columbia, S.C. 29223 VICE Rick Wade

Referred to the Committee on Medical Affairs.

Senator SETZLER introduced Dr. Gregory T. Squires of Charleston, S.C., Doctor of the Day.

At 12:10 P.M., Senator RAVENEL requested a leave of absence beginning at Noon today and lasting until Noon on Tuesday, March 4, 2003.

At 12:10 P.M., Senator RANKIN requested a leave of absence beginning at Noon today and lasting until Noon on Tuesday, March 4, 2003.

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

On motion of Senator KUHN, the name of Senator KUHN was removed as a co-sponsor of S. 296.

On motion of Senator LEVENTIS, the name of Senator LEVENTIS was removed as a co-sponsor of S. 296.

The following were introduced:

S. 422 (Word version) -- Senators Waldrep and Leventis: A SENATE RESOLUTION TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO PATRICIA "PATTY" PIERCE FOR HER YEARS OF DEDICATED SERVICE TO THE SENATE AS DIRECTOR OF RESEARCH FOR THE SENATE AGRICULTURE AND NATURAL RESOURCES

Whereas, Patricia "Patty" Pierce joined the Senate Agriculture and Natural Resources Committee in 1993 as Director of Research and has most ably served under the current Chairman, Robert L. Waldrep, and under the previous chairman, Phil P. Leventis; and

Whereas, Patty came to the General Assembly with a distinguished academic record, having received a Bachelor of Arts in English from Erskine College, a Master of Arts in English from Winthrop University, and a Master of Education in Higher Education Administration from the University of South Carolina; and

Whereas, before beginning in legislative service, Patty taught composition and grammar at Tallahassee Community College and at the University of South Carolina and was a composition instructor at Midlands Technical College, which she continued through 1997; and

Whereas, Patty's dedication and determination, which served her well in academics, both as a student and an instructor, was immediately apparent in her work with the committee, and she quickly became a highly valued member of the staff; and

Whereas, Patty readily embraced new challenges and was diligent and conscientious in carrying out her professional responsibilities. Her skills as a consensus builder were finely honed during her tenure with the committee and were invaluable, as she brought together divergent interests on hotly-contested issues such as hog farming, the Conservation Bank Act, drycleaning site restoration, and environmental audits; and

Whereas, her strong work ethic, professionalism, and integrity, coupled with her calm, cool nature, her keen sense of fairness, and her quick wit have served the committee and this body well; and

Whereas, not only has Patty been exemplary in meeting the demands of legislative service, she is also extraordinary in taking on life's challenges. Whether it is a tennis match, running a marathon, writing prose, or being the devoted sister and daughter that she is, Patty pursues it with passion, grace, and aplomb; and

Whereas, Patty, has continued to pursue educational opportunities both in her professional and personal life and has mastered yet another fascinating subject; and

Whereas, last fall Patty studied at Cambridge University in London, England where she became certified in English Language Teaching to Adults. With this highly regarded credential in hand, Patty is embarking on a new and exciting career, as she leaves South Carolina to become an English language instructor in Fujinomiya, Shizuoka, Japan; and

Whereas, this highly respected staff member and colleague and her many talents and abilities will be greatly missed; and

Whereas, it is appropriate for the members of the Senate to pause in their deliberations so that they may express the high regard and deep appreciation for this outstanding public servant and very good friend. Now, therefore,

Be it resolved by the Senate:

That, by this resolution, the members of the South Carolina Senate express their sincere appreciation to Patricia "Patty" Pierce for her years of dedicated service to the South Carolina Senate as Director of Research for the Senate Agriculture and Natural Resources Committee and wish her Godspeed and best wishes as she embarks on her new career in Fujinomiya, Shizuoka, Japan as an English language instructor.

Be it further resolved that a copy of this resolution be presented to Patricia A. Pierce.

In commemoration of continuous service with the State of South Carolina, Senator McCONNELL, PRESIDENT Pro Tempore of the Senate, and Senator DRUMMOND, PRESIDENT Pro Tempore Emeritus, accompanied by Senators LEVENTIS, WALDREP and O'DELL, presented a certificate and awarded a service pin to Ms. Pierce for her years of devoted state service:

10 years

Patricia Pierce

Ladies and gentlemen of the Senate, it is a pleasure for all of us today to be here. We have one of our employees who has achieved 10 years with the Senate and, as you know, it is a tradition of this body to present that employee with a 10-year pin. This person has served as Research Director of the Senate Agriculture Committee since 1993. She has earned the respect of every Senator in here. She is guided by diligence, confidence, and her ability to do things for the Senate. I

We would ask that Ms. Patty Pierce come forward so the Senate could present her with the 10-year service pin.

The certificate says that "The State of South Carolina Certificate of Service is presented to Ms. Patricia A. Pierce in recognition and appreciation for more than 10 years of loyal and faithful service to the citizens of the State of South Carolina." Awarded this 27th day of February, 2003. It is signed by both the Clerk of the Senate and the Governor.

We give it to you with a great deal of appreciation and best wishes. We will miss you and I believe that the Senators that are really directly affected have something else for you.

Senators LEVENTIS and WALDREP addressed brief remarks to the Senate commending Ms. Pierce for her years of loyal service.

Mr. PRESIDENT and Ladies and Gentlemen of the Senate, I would like to make some comments.

Ms. Pierce came to the Senate ten years ago and she understands that the reason she was hired is because she can spell and I cannot. That talent, along with so many others, distinguished her. Ms. Pierce has been invaluable to the Senate and in trying to think of what I could say about her, it occurred to me that her accomplishment is not just service to the Senate, which in and of itself is a high and noble calling. She actually got so many things done while serving here -- things that would not have happened if it had not been for Ms. Pierce. She has made a difference in South Carolina for its people and its places, which she treasures so. That positive impact will be felt now and for many, many years to come. You have worked well and faithfully. From the bottom of my heart, my wife and I want to tell you how much we appreciate your service to South Carolina.

Thank you, Ms. Pierce.

Well, Patty, I was going to say one more thing before you left.

Ladies and gentlemen of the Senate, it has been such a privilege, honor and experience to have the services of Patty. As has been

I just have a great deal of admiration for her extraordinary qualities -- her perseverance, her intelligence and her ability in people skills. I think that the entire Senate has been a beneficiary of all these attributes. And, as you can see why her long list of accomplishments makes her somewhat extraordinary, I don't think I could ever hope to match the kind of accomplishments she's had. It's somewhat like Leonardo daVinci on some of the things that she has been able to do -- and to do well -- and on that note, by a masterpiece of a person.

So, with that, I would say, "Patty, we all wish you Godspeed," and I wish I could think of an appropriate toast except to say that parting is not all that sweet sorrow and bless you and sayonara.

On motion of Senator SETZLER, with unanimous consent, the remarks by Senators McCONNELL, LEVENTIS and WALDREP were ordered printed in the Journal.

Senator HOLLAND rose for an Expression of Personal Interest.

The Senate Resolution was adopted.

S. 423 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 50-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM WATER CONVEYANCES, SO AS TO REVISE THE SECTION AND FURTHER PROVIDE THAT IT IS UNLAWFUL TO POSSESS A SHOTGUN OR RIFLE WHILE AFLOAT WHICH IS LOADED WITH AMMUNITION DESIGNED FOR OR CAPABLE OF TAKING DEER OR BEAR AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 424 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

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

S. 425 (Word version) -- Senators Setzler and Knotts: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Judiciary.

S. 426 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-43-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO OWNS PROPERTY ON WHICH AN AFRICAN AMERICAN CEMETERY THAT HAS BEEN DESIGNATED AS HISTORIC BY THE DEPARTMENT OF ARCHIVES AND HISTORY IS SITUATED TO REMOVE OR DISTURB THE GRAVES, OR DEVELOP THE LAND, AND TO PROVIDE A PENALTY.
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Read the first time and referred to the Committee on Judiciary.

S. 427 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 56-5-2522, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE DISPOSAL OF A VEHICLE OR OBJECT THAT IS DIRECTED TO BE TOWED BY A

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

S. 428 (Word version) -- Senators Glover, Ford and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 41 SO AS TO ENACT THE FAIR PAY ACT OF 2003 WHICH MAKES IT UNLAWFUL FOR AN EMPLOYER WHO EMPLOYS THREE OR MORE PERSONS TO DISCRIMINATE BETWEEN EMPLOYEES ON THE BASIS OF SEX, RACE, OR NATIONAL ORIGIN BY PAYING WAGES AT A DIFFERENT RATE FOR EQUIVALENT JOBS AND TO PROVIDE RELIEF.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 429 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-120 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REQUIRE AN INDUSTRIAL FACILITY LOCATED IN A RESIDENTIAL AREA TO CEASE OPERATION IF IT IS DETERMINED THAT THE FACILITY IS NEGLIGENT IN DISPOSING OF WASTE AND INDUSTRIAL BYPRODUCTS AND CAUSES HARM TO PERSONS RESIDING IN THE AREA.
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Read the first time and referred to the Committee on Medical Affairs.

S. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.
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Read the first time and referred to the Committee on Transportation.

S. 431 (Word version) -- Senators Reese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT A PLAQUE INSCRIBED WITH THE WORDS "IN GOD WE TRUST" MUST BE INSTALLED OVER THE ENTRANCE TO THE GOVERNOR'S OFFICE IN THE STATE HOUSE AND ON THE ENTRANCE GATES TO THE GOVERNOR'S MANSION.
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Read the first time and referred to the Committee on Finance.

S. 432 (Word version) -- Senators Leventis and Waldrep: A BILL TO AMEND CHAPTER 42, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT ACT, SO AS TO REDEFINE EXISTING DEFINITIONS AND ADD ADDITIONAL DEFINITIONS USED IN THE ACT, ALTER AND ADD FUNCTIONS AND POWERS TO BE PERFORMED BY THE DIVISION OF REGIONAL DEVELOPMENT OF THE STATE BUDGET AND CONTROL BOARD, REQUIRE A STATE AGENCY AND PROGRAM TO CONSIDER AND DETERMINE WHETHER ITS DECISION AND ITS IMPACTS ARE CONSISTENT WITH REGIONAL AND LOCAL GOVERNMENT PLANS, TO AUTHORIZE THE DIVISION TO ADMINISTER SUCH FUNDING AS MAY BE PROVIDED FOR THE PURPOSE OF IMPLEMENTING THE INTENT OF THIS CHAPTER, REQUIRE THE DIVISION TO ADOPT STANDARDS AND PROCEDURES FOR REGULATING THIS FUNDING, AUTHORIZE THE DIVISION TO EMPLOY OR RETAIN ORGANIZATIONS, AGENCIES, COMMISSIONS, AND UNIVERSITIES TO PROVIDE CONSULTATION, TECHNICAL ASSISTANCE, AND TRAINING TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER, AND TO REQUIRE THE DIVISION TO MAKE A BIENNIAL REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ON THE IMPLEMENTATION OF THIS CHAPTER.

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

S. 433 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE DWELLING CONSTRUCTION DEFECTS ACT TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR A CONSTRUCTION DEFECT, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER OR A MEMBER OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR CONSTRUCTION DEFECTS AND TO PROVIDE PENALTIES FOR SUCH VIOLATION.
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Read the first time and referred to the Committee on Judiciary.

S. 434 (Word version) -- Senators Reese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-55 SO AS TO PROVIDE THAT THE GOVERNOR SHALL CARRY OUT THE DUTIES OF HIS OFFICE BY APPLYING BIBLICAL PRINCIPLES BASED UPON HIS INTERPRETATION OF THE BIBLE.
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Read the first time and referred to the Committee on Judiciary.

S. 435 (Word version) -- Senators Knotts, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE GRATITUDE OF THE MEMBERS OF

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

S. 436 (Word version) -- Senators Fair and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-22 SO AS TO REQUIRE THE USE OF SYSTEMATIC PHONICS INSTRUCTION IN A SPECIFIED MANNER IN THE SCHOOLS OF THIS STATE INCLUDING GRADES K-5; BY ADDING SECTION 59-101-365 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION, IN COLLABORATION WITH COLLEGES AND UNIVERSITIES OFFERING TEACHER EDUCATION CURRICULUMS, SHALL REVISE TEACHER EDUCATION AND PROFESSIONAL DEVELOPMENT COURSES TO INCLUDE PHONICS MATERIAL; AND TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP AND DISSEMINATE TO SPECIFIED ENTITIES A COMPREHENSIVE PLAN RELATING TO THIS REQUIRED PHONICS INSTRUCTION.
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Read the first time and referred to the Committee on Education.

H. 3694 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, FEBRUARY 27, 2003, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.

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

H. 3695 (Word version) -- Reps. Huggins, Edge, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G.

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

H. 3696 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2003.

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

Senator COURSON from the Committee on Invitations polled out H. 3624 favorable:

H. 3624 (Word version) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Talley: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE MARCH

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Ordered for consideration tomorrow.

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, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

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.

By prior motion of Senator HAWKINS, with unanimous consent

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.

By prior motion of Senator HUTTO, with unanimous consent

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.

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

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 PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS; AND TO REPEAL ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY

By prior motion of Senator KUHN

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 INDIVIDUAL FROM RECEIVING A LOAN, GRANT, SCHOLARSHIP, OR OTHER FINANCIAL ASSISTANCE FUNDED BY STATE REVENUE, FEDERAL FUNDS, OR GIFTS AND GRANTS ACCEPTED BY THE STATE OR FROM RECEIVING A STUDENT LOAN GUARANTEED BY THE STATE UNLESS THE INDIVIDUAL FILES A STATEMENT OF THE INDIVIDUAL'S SELECTIVE SERVICE STATUS.

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.

S. 144 (Word version) -- Senators Knotts, Reese and Rankin: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH

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

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.

On motion of Senator LEATHERMAN, with unanimous consent, S. 420 was ordered to receive a third reading on Friday, February 28, 2003.

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.

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

The Committee on Judiciary proposed the following amendment (JUD0085.001), which was adopted:

Amend the bill, as and if amended, page 1, line 34, in Section 8-13-530(1), as contained in SECTION 1, after /promptly/ by striking /to/.

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE 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. 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.

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

The Committee on Judiciary proposed the following amendment (JUD0143.001), which was adopted:

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

/   SECTION   1.   Section 56-1-515 of the 1976 Code is amended to read:

"Section 56-1-515.   (1)(A)   It is unlawful for any a person to alter a motor vehicle driver's license so as to provide false information on the license or to sell or issue a fictitious driver's license.

(2)(B)   It is unlawful for any a person to use a motor vehicle driver's license not issued to the person, an altered motor vehicle driver's license, an identification card containing false information, or an identification card not issued to the person to defraud another or violate the law.

(C)   It is unlawful for a person operating a motor vehicle to knowingly and wilfully give false information to a law enforcement officer regarding the person's identity.

(3)(D)   Any A person violating the provisions of subsection (1)(A) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than six months thirty days, or both.

(4)(E)   Any A person violating the provisions of subsection (2)(B) or (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days."

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

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

Senator RANKIN proposed the following amendment (JUD0143.002), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/   SECTION   .     Section 56-10-225 of the 1976 Code, as last amended by Act 324 of 2002, is further amended to read:

"Section 56-10-225.   (A)   A person whose application for registration and licensing of a motor vehicle has been approved by the department must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.

(B)   The owner of a motor vehicle must maintain proof of financial responsibility in the motor vehicle at all times, and it must be displayed upon demand of a police officer or any other person duly authorized by law.

(C)   It is unlawful for any person to knowingly and wilfully alter or provide false information on a proof of financial responsibility document or to sell or issue a fictitious proof of financial responsibility document.

(D)   It is unlawful for any person to use an altered proof of financial responsibility document or one which contains false information for the purpose of defrauding another.

(E)   It is unlawful for a person to knowingly and wilfully give false information to a law enforcement officer regarding proof of financial responsibility.

(F)   A person who fails to maintain the proof of insurance in his motor vehicle as required by subsection (A) violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof to the court that the motor vehicle was insured on the date of the violation.

(G)   A person who violates subsection (C), (D), or (E) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(H)   Upon notice of conviction of a provision in this section, the department shall must suspend the owner's driver's license until satisfactory proof of insurance is provided. If at any time the department determines that the vehicle was without insurance coverage, the owner's registration and driving privileges will be suspended pursuant to Section 56-10-520."     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

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

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, Limehouse, Hagood, Toole, Hinson, Loftis, Weeks, Clemmons, Owens and McLeod: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.

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

The Committee on Judiciary proposed the following amendment (JUD3344.004), which was adopted:

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

/   SECTION   1.   Section 58-9-10 of the 1976 Code, as last amended by Act 354 of 1996, is further amended by adding Section 58-9-10(17) as follows:

"(17)   The term 'broadband service' means any service that is used to deliver video or to provide access to the Internet and that consists of the offering of:

(a)   a capability to transmit information at a rate that is generally not less than one hundred ninety kilobits per second in at least one direction; or

(b)   any service that combines computer processing, information storage, and protocol conversion to enable users to access Internet content and services."

SECTION   2.   Section 58-9-280(G) of the 1976 Code, as added by Act 354 of 1996, is amended to read:

"(G)(1)   Competition exists for a particular service if, for an identifiable class or group of customers in an exchange, group of exchanges, or other clearly defined geographical area, the service, its functional equivalent, or a substitute service is available from two or more providers. The commission must not: (1) impose any requirements related to the terms, conditions, rates, or availability of broadband service, or (2) otherwise regulate broadband service; however, in order to facilitate the continued deployment of broadband service by rural telephone companies as defined in 47 U.S.C. Section 153 (37), facilities utilized by rural telephone companies for the provision of broadband service must continue to be treated by the commission in the same manner as they were treated as of January 1, 2003, so as not to impact the provision or pricing of regulated telecommunications services by rural telephone companies. The commission shall not regulate a service for which competition exists if the market for that service is sufficiently competitive to protect the public interest. If the commission finds that competition exists for a particular service, but that service is not sufficiently competitive to protect the public interest, the commission shall must provide appropriate regulatory and pricing flexibility to all providers of the service.

(2)   Nothing in subsection (G)(1) of this section is intended to affect the Public Service Commission's jurisdiction with respect to any service other than broadband service or to affect the application of access rates and charges to broadband providers or with respect to broadband services. Nothing in subsection (G)(1) of this section shall be construed to relieve an incumbent local exchange carrier, as defined by Section 251(h) of the federal Telecommunications Act of 1996, of its obligations pursuant to Sections 251 and 252 of the federal act or any Federal Communications Commission regulation relating to Sections 251 and 252 of the federal act to provide new entrant LEC's with unbundled access to network elements or interconnection including, but not limited to, loops, subloops, transmission facilities, and collocation space.

(3)   The commission must compile information in order to monitor the status of local telephone competition in this State. In compiling this information, the commission must require all local exchange carriers, as defined in Section 58-9-10(12), to report to the commission annually, the total number of access lines providing local exchange telecommunications services to an end user in this State. The commission must also maintain a copy of all written complaints

SECTION   3.   Section 58-9-280 of the 1976 Code, as last amended by Act 354 of 1996, is further amended by adding Section 58-9-280(E)(9) as follows:

"(9)   Nothing in subsection (G) of this section shall preclude the commission from assessing broadband service revenues for purposes of contributions to the USF, pursuant to this subsection."

SECTION   4.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MOORE 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. 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.

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

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.

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

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.

Senator RITCHIE explained the Bill.

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

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 CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

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 PATTERSON spoke on the Bill.

With Senator PATTERSON retaining the floor, Senator McCONNELL asked unanimous consent to make a motion, that Senator KNOTTS be granted leave to address brief remarks to the Senate.

Senator KNOTTS addressed remarks to the Senate.

Thank you, Senator McCONNELL, Senator PATTERSON and the members of this body.

You know, I have an amendment on this Desk that I waited 25 years to present. They say that the wheel turns, sometimes you're on the bottom, sometimes you're on the side, and sometimes you get on top. I can speak first hand to this "at will" Bill.

I was a victim, a victim 25 years ago over an at will policy that was an injustice, not only to me, but subjected to every citizen in this State who worked to make a living to provide for their family, whether it would be for an elected official or a private company. I am not telling you how it could be. I am here, looking you in the face telling you how it was, how it is, and how it needs to be corrected. My amendment will correct it. I want to tell you, Senator GIESE, you were there; you were on my side as a county council member. We were served and we went to court because my county council stuck with me because I refused to do something that was unethical. You see, I worked for the Circuit Solicitor, Mr. Hollar, you know him well, a very powerful, egotistical, vindictive person. I had a good job, in fact, a lot of people said that it was the best job in the solicitor's office, making a lot of money -- my family being well provided. I was told during an election year to take a county car, assigned to me by Richland County, gas provided for by Richland County, salary provided for by Richland County, my salary provided for by Richland County, and during an election year he wanted me to go to Kershaw County. Senator HOLLAND, do you remember the election? "Go over there and persuade," as it was stated, "the people who had his opponents literature, posters or signs on their property, that they needed to be removed." That is exactly right, Senator HOLLAND, you do remember it, because when he, as the Chief Prosecutor of the Circuit, had connections at our ABC Board in a system that was designed at that time to benefit people who had power. I thought about it -- I did not have to think about it long -- because most of you people in this body know me. Number one, I am going to do what is right at all costs and this was a very heavy cost to me. I had to make a decision whether I was going to be out looking for a job, embarrassing my family, and taking the consequences -- or standing firm in my convictions. I chose the right thing. I refused to do that because it was the taxpayer's money in Richland County being used in another county for political purposes that I felt was unethical and borderline illegal. But above all, it was not right, people. I was fired. I went to my county council, thanks to Senator GIESE and the other

I know Jake Moore is the type person for me. He's named Jake. I am named Jake and I trust in all Jakes. I don't care what your last name is, if your first name is Jake, you've got... I even respect a turkey named Jake. The court case had been concluded on Thursday, but he stayed over on a Friday morning to hear my case. We walked in and fifteen minutes later I had a summery court judgment and was out of a job. Council could not do a thing. At that point in time, a fellow told me that, if you do not remember your friends on your way up, they won't remember you on your way down. And that was my good friend, Bubba Ness. I called Bubba, because Jake Moore threw out a name to me that I never heard of before; he said we could appeal, which would take forever, or we could get a Writ of Supersedeas; you lawyers know what that is. I said, "Who can you get the writ for?" He said that it has got to be a Supreme Court Justice. I said, o.k. I know somebody that always told me in law enforcement to do the right thing and that was Bubba Ness. So, I called him. He agreed to sign a Writ of Supersedeas. At five o'clock that afternoon, I served John Jenrette and Jim Anders, to be ordered to appear before the Supreme Court Tuesday morning, which was unheard of. They were shocked. I was the little man, the little man that the system was designed to defeat and to keep in bars and chains that Senator PATTERSON said, it was designed to affect people like me. But I fought the system, because I had friends

Bubba Ness took it under advisement, and my county council stood with me and I remained employed with Richland County. Now, I was assigned to the county attorney's office and assigned to various places around to keep me from having to work for somebody who was ordering me to do things that were immoral, illegal or whatever. Now people, this Bill is not a Democrat or Republican issue, because all of us are honorable men and women, and we are here to look after the people of South Carolina. We want to protect the employer and the employees. We will make a fair work place for everybody.

My amendment simply requires that an employee who works for the public or who is elected and is ordered to do something immoral, unethical or illegal, cannot be fired for refusing to do so. It will protect the people like me who 25 years ago had no case law to protect them. You see I went home and I thought about this. You may have seen me pacing in the Chamber, going into the cloakroom, cutting the television on and listening to everything that was being said from this podium so I could concentrate. It's been a tough decision. But, whenever my mind has to make a tough decision, I usually come up with a tough solution. I went home last night, met my wife, we went out, went home. I even spoke to my daughters because they, at the time, were affected just like me. I had two young daughters and a family with no job at one time. I had no law to back me, and this law here will not, as it is written now, will not back the little man, the little people. It is not going to back the little man, who makes up South Carolina. Your doctors in these hospitals will be able to walk away if this Bill passes as it is written without some type of protection.

I submit my amendment to you. My amendment is a good amendment; and I don't want you to vote on it today, but as fellow members of this body, I can tell you personally without any hidden agenda, it has taken me twenty-five years to correct an injustice that should have been corrected twenty-five years ago. People should not have had to go through this for twenty-five years, and I submit to you, not telling you of somebody that called me and told me, instead, I experienced exactly what I said. Thanks to county council, thanks to my friends, that believed in me because I did what was right and refused to participate in that type of politics, that type of directive of an employer and stood my ground; I put my family at stake in hopes that one day I would be able make a difference. You know, it is great to be in here debating this issue today because not many people in this world

Thank you.

On motion of Senator FORD, with unanimous consent, Senator KNOTTS' remarks were ordered printed in the Journal.

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

On motion of Senator HAWKINS, with unanimous consent, the Senate stood adjourned in memory of Ms. Marguerite Julia Alman Foster of Spartanburg, S.C., beloved wife of the late John Daniel Foster.

Senator McCONNELL moved that, when the Senate adjourns on Friday, February 28, 2003, it stand adjourned to meet next Tuesday, March 4, 2003, at 12:00 Noon, which motion was adopted.

At 12:28 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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