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

Printed Page 850 . . . . . Wednesday, March 5, 2003

Wednesday, March 5, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear the Psalmist in Psalm 61:11:

"For as the earth brings forth its shoots, and as a garden causes what is sown in it to spring up, so the Lord God will cause righteousness and praise to spring up before all the nations."
Let us pray.

O Father of grace and glory, as we behold the mystery and the glory of another springtime, we are constantly aware of our need for physical, mental and spiritual renewal.

Help us to see eternity set in the midst of our daily tasks, that as we make each mundane decision, in committees or on the floor, somehow it can be related to the will of God for us.
Amen!

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Stephanie L. W. Ganaway, 8102 Sardis Court, North Charleston, S.C. 29406 VICE Richard Ganaway (deceased)

Initial Appointment, Clarendon County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004

William C. Coffey, Jr., 8 South Brooks Street, Manning, S.C. 29102 VICE Ralph F. Cothran (deceased)

Printed Page 851 . . . . . Wednesday, March 5, 2003

REGULATIONS RECEIVED

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

Document No. 2821
Agency: Department of Public Safety
SUBJECT: Highway Patrol, Subarticle 1 Wrecker Regulations
Received by Lieutenant Governor March 5, 2003
Referred to Judiciary Committee
Legislative Review Expiration July 3, 2003
(Subject to Sine Die Revision)

Document No. 2823
Agency: Department of Insurance
SUBJECT: South Carolina Patients' Compensation Fund
Received by Lieutenant Governor March 5, 2003
Referred to Banking and Insurance Committee
Legislative Review Expiration July 3, 2003
(Subject to Sine Die Revision)

Doctor of the Day

Senator LEATHERMAN introduced Dr. Coleman Floyd of Florence, S.C., Doctor of the Day.

S. 394 -- CO-SPONSOR ADDED

S. 394 (Word version) -- Senators Leatherman, Gregory, McConnell, Richardson, Ritchie, Ryberg, Giese, Hayes, Verdin and Waldrep: A BILL TO ENACT THE "DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING AND ADDING VARIOUS SECTIONS TO TITLE 56; TO AMEND SECTION 1-30-90, RELATING TO CERTAIN DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 23-6-20 AND SECTION 23-6-30, RELATING TO THE ESTABLISHMENT, DUTIES, AND POWERS OF THE DEPARTMENT OF PUBLIC SAFETY; TO REPEAL SECTION 23-6-35, RELATING TO FEES THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING CERTAIN MOTOR VEHICLE RECORDS; AND TO REPEAL ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE CREATION, DUTIES, AND FUNCTIONS OF

Printed Page 852 . . . . . Wednesday, March 5, 2003
THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY. (ABBREVIATED TITLE)

On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was added as a co-sponsor of S. 394.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 444 (Word version) -- Senators Matthews, Patterson and Ford: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2002-2003 ONLY, ALL UNIVERSITIES' APPROPRIATED FUNDS TO BE USED TO SUPPORT BASIC AND APPLIED RESEARCH IN INFORMATION AND TECHNOLOGY OUTREACH OPPORTUNITIES FOR SOUTH CAROLINA'S RURAL AND URBAN CITIZENS MAY ALSO USE THESE FUNDS FOR INSTRUCTIONAL AND ESSENTIAL OPERATIONAL PURPOSES ONLY.
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Read the first time and referred to the Committee on Finance.

S. 444 -- Recalled

S. 444 (Word version) -- Senators Matthews, Patterson, and Ford: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2002-2003 ONLY, ALL UNIVERSITIES APPROPRIATED FUNDS TO BE USED TO SUPPORT BASIC AND APPLIED RESEARCH IN INFORMATION AND TECHNOLOGY OUTREACH OPPORTUNITIES FOR SOUTH CAROLINA'S RURAL AND URBAN CITIZENS MAY ALSO USE THESE FUNDS FOR INSTRUCTIONAL AND ESSENTIAL OPERATIONAL PURPOSES ONLY.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

The Resolution was recalled from the Committee on Finance.

S. 444 -- Ordered to a Second and Third Reading

On motion of Senator MATTHEWS, with unanimous consent, S. 444 was ordered to receive a second and third reading on the next two consecutive legislative days.

Printed Page 853 . . . . . Wednesday, March 5, 2003

S. 445 (Word version) -- Senators Reese, Ford and Glover: A BILL TO AMEND SECTION 30-4-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE FREEDOM OF INFORMATION ACT, SO AS TO DEFINE "GOVERNOR'S CABINET" AND TO PROVIDE THAT THE DEFINITION OF "PUBLIC BODY" INCLUDES THE GOVERNOR'S CABINET.
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Read the first time and referred to the Committee on Judiciary.

S. 446 (Word version) -- Senators Leatherman, Alexander, Martin, O'Dell, Verdin, Ryberg, Gregory, Peeler, Fair, Ravenel, J. Verne Smith and McGill: A BILL TO ENACT THE SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2003 BY ADDING CHAPTER 32 TO TITLE 15 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A LIMIT OF TWO HUNDRED FIFTY THOUSAND DOLLARS FOR NONECONOMIC DAMAGES THAT MAY BE AWARDED A PLAINTIFF IN A PERSONAL INJURY ACTION AND TO PROVIDE THAT PUNITIVE DAMAGES MAY BE AWARDED FOR FRAUDULENT OR WILFUL OR INTENTIONAL CONDUCT SPECIFICALLY INTENDED TO HARM THE PERSON SEEKING PUNITIVE DAMAGES, TO REQUIRE A PLAINTIFF, PRIOR TO JUDGMENT, TO ELECT BETWEEN PUNITIVE DAMAGES AND OTHER DAMAGES AVAILABLE UNDER ANOTHER REMEDY, TO SPECIFY FACTORS THAT MUST BE CONSIDERED IN AWARDING PUNITIVE DAMAGES; TO ADD CHAPTER 40 TO TITLE 15 SO AS TO PROVIDE THAT IN ALL TORT ACTIONS EVIDENCE OF COLLATERAL SOURCE PAYMENTS TO BE MADE TO THE CLAIMANT IS ADMISSIBLE AND TO REQUIRE SPECIFIC FINDINGS TO BE MADE FOR THE AMOUNT OF CERTAIN PAST AND FUTURE DAMAGES; TO AMEND SECTION 34-31-20, AS AMENDED, RELATING TO THE ANNUAL LEGAL RATE OF INTEREST ON MONEY DECREES AND JUDGMENTS, SO AS TO CHANGE THE INTEREST RATE FROM TWELVE PERCENT TO SIX PERCENT; TO AMEND SECTION 15-1-310, RELATING TO IMMUNITY FROM LIABILITY FOR PERSONS, WHO IN GOOD FAITH, RENDER EMERGENCY CARE AT THE SCENE OF AN ACCIDENT, SO AS PROVIDE IMMUNITY TO HEALTH CARE

Printed Page 854 . . . . . Wednesday, March 5, 2003
PROVIDERS WHO, WITH NO EXPECTATION OF PAYMENT, RENDER MEDICAL CARE AND TO APPLY THE LIMITS OF LIABILITY PROVIDED FOR IN THE TORT CLAIMS ACT FOR ANY CLAIM BROUGHT AGAINST SUCH PERSONS; TO ADD SECTION 15-1-315 SO AS TO PROVIDE IMMUNITY FROM LIABILITY TO A HEALTH CARE PROVIDER FOR AN INJURY SUSTAINED BY A PATIENT FROM TAKING A PRESCRIPTION DRUG OR USING A MEDICAL DEVICE PRESCRIBED BY THE PROVIDER IN ACCORDANCE WITH INSTRUCTIONS OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION; TO AMEND SECTION 56-5-6540, AS AMENDED, RELATING TO VIOLATIONS OF MANDATORY SEATBELT USAGE, SO AS TO PROVIDE THAT SUCH VIOLATIONS ARE ADMISSIBLE TO PROVE CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OR CERTAIN OTHER DEFENSES IN A CIVIL ACTION; TO ADD CHAPTER 47 TO TITLE 15 SO AS 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 SUCH DEFECTS, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER, MEMBER, OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNERS' ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR SUCH DEFECTS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 15-78-20, AS AMENDED, RELATING TO THE TORT CLAIMS ACT, SO AS TO DELETE PROVISIONS AUTHORIZING RECOVERY AGAINST A GOVERNMENTAL HEALTH FACILITY FOR A CLAIM ARISING BEFORE THE EFFECTIVE DATE OF THE TORT CLAIMS ACT IF THE FACILITY MAINTAINED LIABILITY INSURANCE COVERAGE AND TO DELETE THE PROVISION SPECIFICALLY DELAYING INCLUSION OF PHYSICIANS AND DENTISTS IN THE TORT CLAIMS ACT UNTIL JANUARY 1, 1989; TO AMEND SECTION 15-78-30, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY" TO INCLUDE HEALTH CARE
Printed Page 855 . . . . . Wednesday, March 5, 2003
PROVIDERS RENDERING CARE UNDER MEDICAID AND OTHER PUBLICLY FUNDED HEALTH CARE PROGRAMS AND TO DEFINE "DISCRETIONARY ACT"; TO AMEND SECTIONS 15-78-70 AND 15-78-120, BOTH AS AMENDED, RELATING RESPECTIVELY TO THE STATE TORT CLAIMS ACT BEING THE EXCLUSIVE REMEDY FOR CLAIMS AGAINST THE STATE FOR ACTS OF ITS EMPLOYEES AND TO LIMITATIONS ON THE AMOUNT OF DAMAGES A PERSON MAY RECOVER, SO AS TO DELETE PROVISIONS PROVIDING NO LIMIT ON THE AMOUNT OF LIABILITY AGAINST PHYSICIANS OR DENTISTS RENDERING SERVICES WHICH ARE PAID FROM A SOURCE OTHER THAN A GOVERNMENTAL SALARY AND TO DELETE PROVISIONS WHICH ESTABLISH A HIGHER LIMIT OF LIABILITY UNDER THE TORT CLAIMS ACT FOR ACTIONS AGAINST GOVERNMENTAL PHYSICIANS AND DENTISTS ACTING WITHIN THE SCOPE OF THEIR GOVERNMENTAL EMPLOYMENT; TO ADD SECTION 15-78-55 SO AS TO PROVIDE THAT EACH EXCEPTION TO THE WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT IS SEPARATE FROM OTHER EXCEPTIONS AND EACH RENDERS THE GOVERNMENTAL ENTITY IMMUNE; TO AMEND SECTION 15-78-100, AS AMENDED, RELATING TO THE STATUTE OF LIMITATIONS AND JURISDICTION UNDER THE TORT CLAIMS ACT, SO AS TO AUTHORIZE A GOVERNMENTAL ENTITY TO IMPLEAD A PERSON OR ENTITY IN AN ACTION; TO AMEND SECTION 15-3-640, RELATING TO ACTIONS BASED ON DEFECT OR UNSAFE CONDITION OF IMPROVEMENT TO REAL PROPERTY, SO AS TO CHANGE THE STATUTE OF LIMITATIONS FROM THIRTEEN YEARS TO SIX YEARS; TO ADD SECTION 15-3-645 SO AS TO ESTABLISH A TEN-YEAR STATUTE OF LIMITATIONS ON ACTIONS BASED UPON AN ALLEGED DEFECT OR FAILURE IN A PRODUCT; TO ADD CHAPTER 41 TO TITLE 15 SO AS TO PROVIDE THAT IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, THE LIABILITY FOR EACH DEFENDANT IS SEVERAL ONLY AND MUST BE ALLOCATED TO THE DEFENDANTS BASED ON EACH DEFENDANT'S PERCENTAGE OF FAULT AND TO ESTABLISH CRITERIA FOR ESTABLISHING THE PERCENTAGES OF FAULT; TO AMEND CHAPTER 36, TITLE 15, RELATING TO SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT, SO AS TO
Printed Page 856 . . . . . Wednesday, March 5, 2003
REPLACE THE PROVISIONS OF THAT CHAPTER WITH PROVISIONS REQUIRING AN ATTORNEY FOR A PLAINTIFF TO SIGN DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE THAT THE SIGNING CONSTITUTES CERTIFICATION THAT THE DOCUMENT IS NOT FRIVOLOUS OR INTERPOSED FOR DELAY, AND TO PROVIDE SANCTIONS; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS WHICH MUST BE TRIED IN THE COUNTY IN WHICH THE DEFENDANT RESIDES, SO AS TO FURTHER PROVIDE FOR THE PROPER VENUE IF THE DEFENDANT IS A NONRESIDENT, A DOMESTIC CORPORATION, OR A FOREIGN CORPORATION; TO REPEAL SECTION 15-33-135, RELATING TO THE EVIDENTIARY STANDARD FOR PROVING PUNITIVE DAMAGES; TO REPEAL SECTION 44-7-50, RELATING TO THE MODIFICATION OF THE DOCTRINES OF CHARITABLE AND SOVEREIGN IMMUNITY; TO REPEAL SECTION 58-23-90, RELATING TO THE PROPER VENUE IN WHICH TO BRING AN ACTION AGAINST A LICENSED MOTOR CARRIER; AND TO REPEAL CHAPTER 38, TITLE 15, RELATING TO THE UNIFORM CONTRIBUTION AMONG TORT FEASORS ACT.
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Read the first time and referred to the Committee on Judiciary.

S. 447 (Word version) -- Senators J. Verne Smith, Alexander, Reese and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.
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Printed Page 857 . . . . . Wednesday, March 5, 2003

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

S. 448 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-82-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUID PETROLEUM GAS DEALER STORAGE CAPACITY REQUIREMENTS SO AS TO PROVIDE THAT A DEALER MUST HAVE OR HAVE ACCESS TO FACILITIES WITH A CAPACITY OF A MINIMUM 30,000 WATER GALLONS WITHIN CLOSE PROXIMITY TO THE AREA TO BE SERVED AND TO DELETE THE PROVISION REQUIRING LEASED STORAGE CAPACITY TO BE DEDICATED TO THE EXCLUSIVE USE OF THE LESSEE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 449 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO UPDATE REFERENCES TO NATIONALLY RECOGNIZED BUILDING CODE ORGANIZATIONS AND MODIFY THE PROCEDURE BY WHICH BUILDING CODES ARE ADOPTED.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 450 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-75 SO AS TO PROVIDE THAT A REQUIREMENT TO OBTAIN PRIOR AUTHORIZATION OR PLACING OTHER RESTRICTIONS ON PRESCRIPTIONS FOR MEDICATIONS USED TO TREAT MENTAL ILLNESSES MAY NOT BE IMPOSED ON MEDICAID RECIPIENTS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 451 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO OFFER WARMEST AND HEARTFELT CONGRATULATIONS TO THE HONORABLE AND MRS. J. ROLAND SMITH OF LANGLEY

Printed Page 858 . . . . . Wednesday, March 5, 2003
ON THE OCCASION OF THE CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND TO THEM AND THEIR FAMILY EVERY GOOD WISH FOR SUCCESS, HEALTH, AND CONTINUED HAPPINESS IN THE YEARS TO COME.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 452 (Word version) -- Senators Ryberg, Richardson, Gregory, Fair, Verdin, Ritchie and Waldrep: A BILL TO AMEND SECTION 59-1-420 OF THE 1976 CODE, RELATING TO THE LENGTH OF THE SCHOOL TERM, TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STATUTORY SCHOOL TERM IS TWO HUNDRED DAYS ANNUALLY AND FIVE OF THESE DAYS MUST BE USED AS MAKE-UP DAYS FOR A SCHOOL IN THE DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS IN ORDER TO MEET THE MANDATORY ONE HUNDRED EIGHTY DAYS OF STUDENT INSTRUCTION.
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Read the first time and referred to the Committee on Education.

S. 453 (Word version) -- Senator Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-43-25 SO AS TO REQUIRE THAT BEGINNING JULY 1, 2003, THE STATE BOARD OF EDUCATION SHALL GIVE THE EXAMINATION FOR THE GENERAL EQUIVALENCY DIPLOMA (GED) IN SPANISH AS WELL AS ENGLISH AND TO PROVIDE THAT PERSONS ACHIEVING A PASSING SCORE ON THE EXAMINATION GIVEN IN SPANISH MUST BE AWARDED A GENERAL EQUIVALENCY DIPLOMA IN THE SAME MANNER PERSONS PASSING THE ENGLISH VERSION OF THE EXAMINATION ARE AWARDED A DIPLOMA.
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Read the first time and referred to the Committee on Education.

S. 454 (Word version) -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-03, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY

Printed Page 859 . . . . . Wednesday, March 5, 2003
BE MADE UP BY EXEMPTING THEM 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, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
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Read the first time and, on motion of Senator HAYES, with unanimous consent, S. 454 was ordered placed on the Calendar without reference.

H. 3037 (Word version) -- Reps. Altman, Vaughn, Umphlett, Merrill, Coates, Clemmons, Cotty and Mahaffey: A BILL TO AMEND SECTION 7-13-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROHIBIT A CANDIDATE FROM BEING NOMINATED BY MORE THAN ONE POLITICAL PARTY AND TO REQUIRE THE AUTHORITY CHARGED BY LAW WITH PRINTING THE BALLOT TO PRINT THE NAME OF THE CANDIDATE WITH THE ONE PARTY WHICH NOMINATED HIM.

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

H. 3257 (Word version) -- Reps. Lourie, J. E. Smith, J. Brown, Bales, Cotty, Scott, Howard, J. H. Neal and Rutherford: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF RICHLAND COUNTY SCHOOL DISTRICT ONE AND RICHLAND COUNTY SCHOOL DISTRICT TWO MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

H. 3258 (Word version) -- Reps. Walker, Talley, Littlejohn and Mahaffey: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-

Printed Page 860 . . . . . Wednesday, March 5, 2003
2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SPARTANBURG COUNTY SCHOOL DISTRICTS ONE THROUGH SEVEN MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION, PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

H. 3473 (Word version) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J. E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.

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

H. 3498 (Word version) -- Reps. Trotter, Owens and Skelton: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE PICKENS COUNTY SCHOOL DISTRICT MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

H. 3715 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 19-27, 2003, AS NATIONAL LANDSCAPE ARCHITECTURE WEEK IN SOUTH CAROLINA AND TO COMMEND THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS FOR CREATING THE SPECIAL PLACES IN WHICH WE LIVE, WORK, AND PLAY.

Printed Page 861 . . . . . Wednesday, March 5, 2003

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

H. 3728 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO HONOR AND CELEBRATE THE TWENTY-FIFTH ANNIVERSARY OF THE ESTABLISHMENT OF SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCILS AND TO EXTEND THE MOST SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE THOUSANDS OF PARENTS, TEACHERS, STUDENTS, AND COMMUNITY MEMBERS WHO HAVE VOLUNTARILY SERVED ON SCHOOL IMPROVEMENT COUNCILS THROUGHOUT THE STATE AND WHO HAVE BEEN COMMITTED TO IMPROVING THE QUALITY OF EDUCATION IN THEIR LOCAL COMMUNITIES.

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

REPORTS OF STANDING COMMITTEES

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 66 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF U.S. HIGHWAY 1 THAT RUNS FROM INTERSTATE 20 TO THE OAK GROVE AREA IN LEXINGTON COUNTY IN HONOR OF THE LATE F. W. "BILLY" CAUGHMAN FOR HIS COMMUNITY, CIVIC, AND POLITICAL IMPACT ON THE CITY OF LEXINGTON AND LEXINGTON COUNTY AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. CAUGHMAN'S CONTRIBUTIONS TO THE COMMUNITY.

Ordered for consideration tomorrow.

S. 66 -- Co-Sponsor Added

On motion of Senator MOORE, with unanimous consent, the name of Senator MOORE was added as a co-sponsor of S. 66

Senator RYBERG from the Committee on Transportation submitted a favorable report on:

S. 135 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO

Printed Page 862 . . . . . Wednesday, March 5, 2003
NAME INTERSTATE 385 IN LAURENS COUNTY AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF LAURENS COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee polled out H. 3694 favorable:

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.

General Committee
Polled 17; Ayes 0; Nays 0; Not Voting 0

AYES

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

TOTAL--17

NAYS

TOTAL--0

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee polled out H. 3695 favorable:

Printed Page 863 . . . . . Wednesday, March 5, 2003

H. 3695 (Word version) -- Reps. Huggins, Edge, 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, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 19, 2003, AS "SOUTH CAROLINA REALTOR DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

General Committee
Polled 17; Ayes 0; Nays 0; Not Voting 0

AYES

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

TOTAL--17

NAYS

TOTAL--0

Ordered for consideration tomorrow.

Printed Page 864 . . . . . Wednesday, March 5, 2003

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the S. C. FARM BUREAU to attend a dinner at the State Fairgrounds Moore Building on Tuesday, March 18, 2003, from 6:00 until 7:15 P.M.

Invitations Committee
Polled 11; Ayes 0; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the UNIVERSITY OF SOUTH CAROLINA to attend a luncheon at the Carolina Plaza on Wednesday, March 19, 2003, from 12:00 Noon until 1:30 P.M.

Invitations Committee
Polled 11; Ayes 0; Nays 0; Not Voting 0

AYES

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

TOTAL--11

Printed Page 865 . . . . . Wednesday, March 5, 2003

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the S. C. HOSPITAL ASSOCIATION to attend a dinner at the Clarion Town House on Wednesday, March 19, 2003, from 6:00 until 8:00 P.M.

Invitations Committee
Polled 11; Ayes 0; Nays 0; Not Voting 0

AYES

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

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the S. C. AVIATION ASSOCIATION to attend a biscuit breakfast in 221 Blatt Building on Thursday, March 20, 2003, from 8:00 until 10:00 A.M.

Invitations Committee
Polled 11; Ayes 0; Nays 0; Not Voting 0

AYES

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

TOTAL--11

Printed Page 866 . . . . . Wednesday, March 5, 2003

NAYS

TOTAL--0

Message from the House

Columbia, S.C., March 4, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3341 (Word version) -- Rep. Lee: A CONCURRENT RESOLUTION 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".
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 5, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

LOCAL APPOINTMENT

Initial Appointment, Clarendon County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:

At-Large:

William C. Coffey, Jr., 8 South Brooks Street, Manning, S.C. 29102 VICE Ralph F. Cothran (deceased)
Very respectfully,
Speaker of the House

Received as information.

Printed Page 867 . . . . . Wednesday, March 5, 2003
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILL

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

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.

SECOND READING BILL

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

H. 3539 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO CODE OF ETHICS FOR NURSES WITH INTERPRETIVE STATEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3198 (Word version) -- Reps. Easterday, Altman, Coates, Sandifer, McGee, Clemmons and Edge: A BILL TO AMEND SECTION 30-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY

Printed Page 868 . . . . . Wednesday, March 5, 2003
FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.

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

Senator McCONNELL proposed the following amendment (JUD3198.002), 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 30-2-30(3) of the 1976 Code, as added by Act 225 of 2002, is amended to read:

"(3)   'Commercial solicitation' means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:

(a)   offering membership in a credit union;

(b)   notification of continuing education opportunities sponsored by not-for-profit professional associations;

(c)   selling or marketing banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338; or

(d)   contacting persons for political purposes using information on file with state or local voter registration offices."

SECTION   2.   Section 30-2-50 of the 1976 Code, as added by Act 225 of 2002, is amended to read:

"Section 30-2-50.   (A)   A person or private entity shall not knowingly obtain or use any personal information obtained from a public body state agency for commercial solicitation directed to any person in this State.

(B)   Every public body Each state agency shall provide a notice to all requestors of records under pursuant to this chapter and to all persons who obtain records under pursuant to this chapter that obtaining or using public records for commercial solicitation directed to any person in this State is prohibited.

(C)   All state agencies shall take reasonable measures to ensure that no person or private entity obtains or distributes personal information obtained from a public record for commercial solicitation.

(D)   A person knowingly violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined an

Printed Page 869 . . . . . Wednesday, March 5, 2003
amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.

(E)   This chapter does not apply to a local governmental entity of a subdivision of this State or local government."

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

ADOPTED

S. 410 (Word version) -- Senators Setzler, Giese and Knotts: A CONCURRENT RESOLUTION TO HONOR AND CELEBRATE THE TWENTY-FIFTH ANNIVERSARY OF THE ESTABLISHMENT OF SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCILS AND TO EXTEND THE MOST SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE THOUSANDS OF PARENTS, TEACHERS, STUDENTS, AND COMMUNITY MEMBERS WHO HAVE VOLUNTARILY SERVED ON SCHOOL IMPROVEMENT COUNCILS THROUGHOUT THE STATE AND WHO HAVE BEEN COMMITTED TO IMPROVING THE QUALITY OF EDUCATION IN THEIR LOCAL COMMUNITIES.

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

There was no objection.

Senator SETZLER spoke on the Resolution.

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

S. 443 (Word version) -- Senators Leatherman, Giese, Mescher, Grooms, Branton, Hayes, Kuhn, J. Verne Smith, Courson, Ryberg, Drummond and Knotts: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE THOUSANDS OF

Printed Page 870 . . . . . Wednesday, March 5, 2003
MEN AND WOMEN FROM SOUTH CAROLINA WHO ARE SERVING IN THE ARMED FORCES OF THE UNITED STATES IN THE PERSIAN GULF AND TO ENCOURAGE THOSE BRAVE SOLDIERS TO RECORD THEIR LEGACIES OF SERVICE BY PARTICIPATING IN THE "WRITE FROM THE FRONT PROGRAM" SPONSORED BY THE STATE BUDGET AND CONTROL BOARD'S SOUTH CAROLINA CONFEDERATE RELIC ROOM AND MUSEUM.

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

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003

Stephanie L. W. Ganaway, 8102 Sardis Court, North Charleston, S.C. 29406 VICE Richard Ganaway (deceased)

Having received a favorable report from the Clarendon County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Clarendon County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004

William C. Coffey, Jr., 8 South Brooks Street, Manning, S.C. 29102 VICE Ralph F. Cothran (deceased)

ADJOURNMENT

At 2:33 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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