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

Printed Page 959 . . . . . Tuesday, March 11, 2003

Tuesday, March 11, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, long, long ago the Psalmist wrote or sang Psalm 121:

"I will lift up my eyes to the hills... from where will my help come?

My help comes from the Lord, who made heaven and earth."
Let us pray.

Father, as the ancient Jew saw the enemy coming through the mountain pass, he did not quake in fear but looked above the hills and knew that his help was from the God of the hills, the Covenant God, Jahweh, Jehovah!

Amidst the tensions, the uncertainties, the clashes between the races of mankind, the storms in the heart of mankind, bring us close to the powerhouse, and the lighthouse of our God.

We pray not that we be spared the battle but that we may be equal to its challenge.
Amen!

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

Doctor of the Day

Senator KNOTTS introduced Dr. Thomas E. Gibbons, Jr. of Columbia, S.C., Doctor of the Day.

CO-SPONSOR ADDED

S. 230 (Word version) -- Senator Short: A BILL TO AMEND CHAPTER 38 OF TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-38-25 TO CREATE THE LONG TERM CARE OMBUDSMAN PROGRAM; AND TO AMEND SECTION 43-38-40 OF THE 1976 CODE, RELATING TO PERSONS IMMUNE FROM CIVIL AND CRIMINAL LIABILITY UNDER THIS CHAPTER, TO INCLUDE ALL PERSONS PERFORMING DUTIES OUTLINED IN THIS CHAPTER.

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On motion of Senator McCONNELL, with unanimous consent, the name of Senator McCONNELL was added as a co-sponsor of S. 230.

RECALLED

H. 3718 (Word version) -- Rep. Miller: A BILL TO PROVIDE FOR THE MEMBERS OF THE BOARD OF TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT TO BE ELECTED BEGINNING WITH THE 2004 GENERAL ELECTION, FROM THE SEVEN SINGLE MEMBER DISTRICTS FROM WHICH MEMBERS OF THE GEORGETOWN COUNTY COUNCIL ARE ELECTED, TO PROVIDE FOR FOUR-YEAR STAGGERED TERMS FOR THE MEMBERS, TO PROVIDE FOR THE BOARD MEMBERS TO ELECT ONE MEMBER TO SERVE AS CHAIRMAN FOR A TERM OF TWO YEARS, TO TERMINATE THE TERMS OF CURRENT TRUSTEES WHEN THEIR SUCCESSORS ELECTED PURSUANT TO THIS ACT TAKE OFFICE, AND TO REPEAL ACT 592 OF 1994, RELATING TO THE METHOD OF ELECTION OF THE TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT.

Senator RAVENEL asked unanimous consent to make a motion to recall the Bill from the Georgetown County Legislative Delegation and place the Bill on the local Calendar.

There was no objection.

RECALLED AND ADOPTED

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.

Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

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

There was no objection.

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

On motion of Senator RYBERG, with unanimous consent, the Resolution was adopted and ordered returned to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 461 (Word version) -- Senators Holland, McConnell, Leatherman, Short, Leventis, J. Verne Smith, Peeler, Ryberg, McGill, Moore, Reese, Malloy, Glover, O'Dell, Setzler, Ford, Courson, Giese, Anderson, Martin, Knotts, Grooms, Ravenel, Hawkins, Patterson, Gregory, Alexander, Drummond, Ritchie, Branton, Verdin, Mescher, Waldrep, Matthews and Thomas: A SENATE RESOLUTION TO RECOGNIZE MRS. BETTY WILKINS OF CAYCE FOR HER MANY YEARS OF UNSELFISH PUBLIC SERVICE TO THE SOUTH CAROLINA SENATE AND TO EXTEND BEST WISHES TO HER AND HER FAMILY UPON HER RETIREMENT DURING THE LEGISLATIVE INTERIM AFTER MORE THAN THIRTY YEARS OF SERVICE TO THE CITIZENS OF SOUTH CAROLINA.
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Senator HOLLAND spoke on the Resolution.

The Senate Resolution was adopted.

S. 462 (Word version) -- Senators Giese, Leatherman, Setzler, Martin, Alexander, Holland, Ravenel, McConnell, J. Verne Smith, Ford, Hayes, Mescher, Knotts, Ryberg, Drummond, Elliott, Hutto, Patterson, Courson, Waldrep, Anderson, Kuhn, Ritchie, Verdin, Richardson and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO INCORPORATE THE CHARACTER TRAITS OF THE FAMILY RESPECT ACT INTO THIS EDUCATIONAL COMPONENT; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, AMONG OTHER THINGS, REPORTS ON COMPLIANCE WITH THIS ACT AND

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THE CHARACTER EDUCATION ACT AND DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
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Read the first time and referred to the Committee on Education.

S. 463 (Word version) -- Senators Leatherman and Patterson: A BILL TO CONFIRM THE OWNERSHIP BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS OF REAL PROPERTY DESCRIBED IN ACT 1645 OF 1972, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO DEED THE PROPERTY TO THE DEPARTMENT, AND TO ALLOW THE DEPARTMENT THE PROCEEDS OF ANY SALE OF THE PROPERTY.
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Read the first time and referred to the Committee on Finance.

S. 464 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT THE POSITION OF STATE ENGINEER; AND TO AMEND SECTIONS 11-35-310 AND 11-35-830, BOTH AS AMENDED, RELATING TO DEFINITIONS USED IN THE CONSOLIDATED PROCUREMENT CODE AND THE DUTIES OF THE STATE ENGINEER, SO AS TO PROVIDE THAT THE POSITION OF STATE ENGINEER MUST BE REGISTERED IN THIS STATE AS EITHER AN ARCHITECT OR A PROFESSIONAL ENGINEER AND TO PROVIDE THAT THE STATE ENGINEER IS AN AT-WILL EMPLOYEE WHO SERVES AT THE PLEASURE OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Finance.

S. 465 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND SECTION 56-5-6240 OF THE 1976 CODE, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FOR CONVICTION OF DRIVING UNDER SUSPENSION OR DRIVING UNDER THE INFLUENCE, TO PROVIDE THAT A PERSON CONVICTED OF HABITUAL

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OFFENDER WHO HAS THREE OR MORE PRIOR CONVICTIONS FOR DRIVING UNDER SUSPENSION IN THE PAST FIVE YEARS ALSO MUST HAVE HIS MOTOR VEHICLE CONFISCATED.
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Read the first time and referred to the Committee on Judiciary.

S. 466 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
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Read the first time and referred to the Committee on Judiciary.

S. 467 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2948, SO AS TO PROVIDE THAT A PERSON WHO DRIVES A MOTOR VEHICLE WHICH IS INVOLVED IN A FATAL MOTOR VEHICLE ACCIDENT MUST SUBMIT TO A CHEMICAL TEST OF HIS BREATH FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL IF THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE PERSON IS UNDER THE INFLUENCE OF ALCOHOL TO THE EXTENT THAT HIS FACULTIES TO DRIVE ARE MATERIALLY AND APPRECIABLY IMPAIRED.
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Read the first time and referred to the Committee on Judiciary.

S. 468 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 23-1-225 OF THE 1976 CODE, RELATING TO ALLOWING RETIRED LAW ENFORCEMENT OFFICERS TO RETAIN STATUS AND WEAPONS, TO PROVIDE THAT UPON RETIREMENT, MUNICIPAL AND COUNTY LAW ENFORCEMENT OFFICERS ALSO MAY RETAIN THEIR STATUS AND WEAPONS, WITH THE EXCEPTION OF POWERS OF ARREST.
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Read the first time and referred to the Committee on Judiciary.

S. 469 (Word version) -- Senators Grooms and Branton: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF

Printed Page 964 . . . . . Tuesday, March 11, 2003
TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 61 IN DORCHESTER COUNTY FROM ALBERT LANE TO TUGGLE LANE IN MEMORY OF CLEMENT SINGLETON, SR. AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE ROAD INDICATING THIS DESIGNATION IN RECOGNITION OF MR. SINGLETON'S YEARS OF HARD WORK AND SERVICE TO HIS COMMUNITY AND THIS STATE.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 470 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2757, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 471 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 472 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2718, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 473 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NEONATAL SCREENING FOR INBORN METABOLIC ERRORS AND HEMOGLOBINOPATHIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 474 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 475 (Word version) -- Senators Moore, Ryberg and Setzler: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF ROLAND WINDHAM OF AIKEN WHO PASSED AWAY FRIDAY, FEBRUARY 21, 2003, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

H. 3170 (Word version) -- Reps. Cobb-Hunter and J. H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, COMMONLY KNOWN AS THE "SAFE CHANNEL", RUNNING EASTERLY FROM THE VICINITY OF THE

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BRICKYARD, THEN NORTHERLY ACROSS LAKE MARION TO THE VICINITY OF ABUND ISLAND IN OR NEAR THE SANTEE NATIONAL WILDLIFE REFUGE, AND THEN NORTHEASTERLY TO THE VICINITY OF THE MOUTH OF WYBOO CREEK, AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS, MARKERS, OR BUOYS.

The Concurrent Resolution was introduced and referred to the Committee on Fish, Game and Forestry.

H. 3172 (Word version) -- Reps. Altman, Littlejohn and Hinson: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO REMEMBER THAT FEDERAL JUDGES ARE NOT APPOINTED FOR LIFE, BUT PURSUANT TO THE UNITED STATES CONSTITUTION ARE APPOINTED DURING "GOOD BEHAVIOR".

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

H. 3255 (Word version) -- Rep. J. R. Smith: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF THE SCHOOL DISTRICT OF AIKEN COUNTY MUST BE SET BY THE GOVERNING BODY 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. 3538 (Word version) -- Reps. Townsend, Gilham, J. M. Neal, J. Hines, Martin, Wilkins, Cato, Chellis, Littlejohn, W. D. Smith, Stille, White, Talley, Thompson, Bailey, Clemmons, Barfield, Simrill, Mahaffey and Edge: 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 ADDING SECTION 56-1-5 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACTS WITH CERTAIN PERSONS

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AND ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT CERTAIN PERSONS MUST BE REGISTERED FOR THE UNITED STATES SELECTIVE SERVICE WHEN APPLYING TO THE DEPARTMENT OF MOTOR VEHICLES FOR CERTAIN SERVICES; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING CERTAIN INFORMATION RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO CERTAIN DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ALL DUTIES AND FUNCTIONS THAT RELATE TO ITS MOTOR VEHICLE DIVISION; TO AMEND SECTION 23-6-20 AND SECTION 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT, DUTIES, AND POWERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION AND ITS DUTIES AND FUNCTIONS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS THAT RELATE TO THE REGULATION OF MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS, SO AS TO REDEFINE THE TERM "DEPARTMENT" TO MEAN THE "DEPARTMENT OF MOTOR VEHICLES"; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE FEE FOR AND CONTENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS IS TWELVE DOLLARS AND FIFTY CENTS, AND THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS IS TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE IS VALID FOR TEN YEARS INSTEAD OF FIVE YEARS FOR A PERSON WHO IS UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSE PLATES, VALIDATION DECALS, AND VEHICLE REGISTRATION CARDS, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, TO PROVIDE THAT A PERSON SHALL OBTAIN MOTOR VEHICLE
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LICENSE PLATES FROM THE DEPARTMENT OF MOTOR VEHICLES OR AN ENTITY AUTHORIZED BY THE DEPARTMENT, TO PROVIDE THAT A PERSON SHALL OBTAIN VALIDATION DECALS AND MOTOR VEHICLE REGISTRATION CARDS FROM THE DEPARTMENT OF MOTOR VEHICLES, THE COUNTY TREASURER'S OFFICE, OR AN ENTITY AUTHORIZED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THE CONDITIONS UPON WHICH VALIDATION DECALS AND REGISTRATION CARDS MAY BE ISSUED, AND TO PROVIDE THAT CERTAIN FEES MAY BE CHARGED BY THE TREASURER'S OFFICES AND CERTAIN ENTITIES TO DEFRAY THEIR COSTS OF ISSUING VALIDATION DECALS AND REGISTRATION CARDS; 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; TO REPEAL ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE CREATION AND CERTAIN DUTIES AND FUNCTIONS OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES THAT RELATE TO THE DEPARTMENT OF PUBLIC SAFETY AND THE NEWLY CREATED DEPARTMENT OF MOTOR VEHICLES.

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

H. 3708 (Word version) -- Reps. Ceips, Herbkersman, Lloyd, Young, Bailey, Barfield, Bowers, Breeland, R. Brown, Chellis, Clemmons, Edge, Gilham, Hagood, Haskins, Hinson, Keegan, Limehouse, Mack, Mahaffey, Merrill, Miller, Rivers, Scarborough, Umphlett, Viers and Witherspoon: A CONCURRENT RESOLUTION EXPRESSING THE CONCERN OF THE GENERAL ASSEMBLY OVER THE PRESENCE OF CHLORAMPHENICOL AND OTHER BANNED VETERINARY DRUGS IN IMPORTED SHRIMP AND CALLING ON THE FEDERAL GOVERNMENT TO TAKE IMMEDIATE AND FOCUSED EFFORTS TO IMPROVE ENFORCEMENT OF FOOD IMPORT RESTRICTIONS OF SEAFOOD IMPORTS IN ORDER TO PROTECT UNITED STATES CONSUMERS AND ENSURE SAFETY OF THE FOOD SUPPLY.

The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.

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H. 3712 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A BILL TO AMEND ACT 1675 OF 1972, RELATING TO THE DONALDS-DUE WEST WATER AND SEWER AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE ABBEVILLE COUNTY COUNCIL AND TO MAKE CONFORMING AMENDMENTS.

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

H. 3713 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.

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

H. 3717 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO REQUIRE THE EDGEFIELD COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES TO ESTABLISH THE STARTING AND ENDING DATES OF THE SCHOOL TERM AND TO REQUIRE THAT THE LENGTH OF THE SCHOOL TERM COMPLIES WITH SECTION 59-1-420.

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

H. 3724 (Word version) -- Reps. Bales, J. Brown, Harrison and Scott: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS, TEACHERS, AND STAFF OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS

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EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 3755 (Word version) -- Rep. Trotter: A CONCURRENT RESOLUTION TO CONGRATULATE THE PICKENS HIGH SCHOOL GIRLS VOLLEYBALL TEAM ON WINNING THEIR THIRD CONSECUTIVE CLASS AAA VOLLEYBALL STATE CHAMPIONSHIP, COMMEND THE PLAYERS, COACHES, AND STAFF OF THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM FOR A SEASON OF SPIRITED COMPETITION AND TREMENDOUS SUCCESS, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

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

H. 3756 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO RECOGNIZE THE EXTREME SKILLS AND DETERMINATION OF MR. JAKE HOBGOOD OF WINNSBORO AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. HOBGOOD ON HIS MANY RACING ACHIEVEMENTS, INCLUDING HIS MOST RECENT ACCOMPLISHMENT OF RECEIVING THE GOODYEAR TIRE AWARD FOR THE NASCAR GOODY'S DASH SERIES CHAMPIONSHIP.

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

H. 3757 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO RECOGNIZE THE AMAZING RACING TALENT OF MR. JUSTIN HOBGOOD OF WINNSBORO AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. HOBGOOD ON HIS NASCAR GOODY'S DASH SERIES ACHIEVEMENTS.

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

H. 3767 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO HONOR THE PHENOMENAL RACING KNOWLEDGE AND

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SKILLS OF MR. WILL HOBGOOD OF WINNSBORO AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. HOBGOOD ON HIS NUMEROUS ACCOMPLISHMENTS WITH THE NASCAR GOODY'S DASH SERIES AS A DRIVER, CAR OWNER, AND CREW MEMBER CHIEF.

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

REPORTS OF STANDING COMMITTEES

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

S. 414 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 15, TITLE 56 SO AS TO REQUIRE CERTAIN APPLICANTS FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN PRELICENSING EDUCATION COURSES BEFORE THEY MAY BE ISSUED A LICENSE, AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS PROVISION.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee polled out H. 3715 favorable:

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.

General Committee
Polled 17; Ayes 16; Nays 0; Not Voting 1

AYES

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

TOTAL--16

NAYS

TOTAL--0

NOT VOTING

McConnell

TOTAL--1

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 11, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
asks for a Committee of Conference, and has appointed Reps. Townsend, Ott and Walker to the committee on the part of the House.
Very respectfully,

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Speaker of the House

Received as information.

S. 375 -- CONFERENCE COMMITTEE APPOINTED

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

Whereupon, Senators SHORT, PEELER and MARTIN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

HOUSE CONCURRENCE

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.

Returned with concurrence.

Received as information.

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

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SECOND READING BILLS

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

H. 3672 (Word version) -- Reps. Walker, Mahaffey, Talley and Littlejohn: A BILL TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS IN SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7.

Senator HAWKINS explained the Bill.

H. 3672 -- Ordered to a Third Reading

On motion of Senator HAWKINS, with unanimous consent, H. 3672 was ordered to receive a third reading on Wednesday, March 12, 2003.

H. 3698 (Word version) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF THE SEVEN SCHOOL DISTRICTS IN SPARTANBURG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO 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; AND TO ALLOW EMPLOYEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY VOLUNTARILY TO TAKE UP TO FOUR DAYS OF UNPAID LEAVE.

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

Senator RITCHIE proposed the following amendment (22926HTC03), which was tabled:

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

/ SECTION   1.   (A)   Student school days missed on January 17, 23, and 24, 2003, by the students of the seven school districts in Spartanburg County when the schools were closed due to inclement weather conditions are exempt from the requirement of the defined minimum plan that full student school days missed due to extreme weather or other circumstances be made up.

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(B)   Each school district in Spartanburg County, in its discretion, may offer its employees unpaid leave not to exceed five days to be taken during the remainder of the 2002-2003 school year.

(C)   The board of trustees for each school district in Spartanburg County when making up school days missed during school year 2002-2003 when any school was closed due to snow, ice, or inclement weather conditions may lengthen the hours of school operation by no more than one hour a day and also may make up school days missed on Saturdays. However, all make up days must be completed by May 5, 2003. The authority granted by this subsection expires after May 5, 2003. /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

Senator HAWKINS argued contra to the adoption of the amendment.

Senator HAWKINS moved to lay the amendment on the table.

The amendment was laid on the table.

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

H. 3698 -- Ordered to a Third Reading

On motion of Senator HAWKINS, with unanimous consent, H. 3698 was ordered to receive a third reading on Wednesday, March 12, 2003.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTIONS ADOPTED

H. 3620 (Word version) -- Rep. W.D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO GIVE FIRST PRIORITY TO SUPPORTING AND PASSING THE DEFENSE APPROPRIATIONS BILL BEFORE OTHER APPROPRIATION MEASURES.

H. 3622 (Word version) -- Rep. W.D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES

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TO SUPPORT AND VOTE FOR ALL EFFORTS TO BUILD AND DEPLOY A NATIONAL MISSILE DEFENSE SYSTEM AS RAPIDLY AS POSSIBLE.

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.

Senator MESCHER moved to recall H. 3620, H. 3622 and H. 3664 from the General Committee.

Senator MOORE spoke on the motion.

Senator McCONNELL moved to divide the question.

The question then was the motion to recall H. 3620 from the General Committee.

H. 3620 -- Recalled

H. 3620 (Word version) -- Rep. W.D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO GIVE FIRST PRIORITY TO SUPPORTING AND PASSING THE DEFENSE APPROPRIATIONS BILL BEFORE OTHER APPROPRIATION MEASURES.

Senator MESCHER moved to recall H. 3620 from the General Committee.

The Concurrent Resolution was recalled from the General Committee and ordered placed on the Calendar for consideration tomorrow.

The question then was the motion to recall H. 3622 from the General Committee.

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H. 3622 -- Recalled

H. 3622 (Word version) -- Rep. W.D. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT AND VOTE FOR ALL EFFORTS TO BUILD AND DEPLOY A NATIONAL MISSILE DEFENSE SYSTEM AS RAPIDLY AS POSSIBLE.

Senator MESCHER moved to recall H. 3622 from the General Committee.

The Concurrent Resolution was recalled from the General Committee and ordered placed on the Calendar for consideration tomorrow.

The question then was the motion to recall H. 3664 from the General Committee.

H. 3664 -- Recalled

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.

Senator MESCHER moved to recall H. 3664 from the General Committee.

Senator MOORE spoke on the motion.

The Concurrent Resolution was recalled from the General Committee and ordered placed on the Calendar for consideration tomorrow.

MOTION ADOPTED

On motion of Senator FAIR, with unanimous consent, the Senate stood adjourned out of respect to the memory of Sheila Howell, beloved sister of former Representative Mike Easterday.

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  ADJOURNMENT

At 12:42 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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