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

Printed Page 979 . . . . . Wednesday, March 12, 2003

Wednesday, March 12, 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, King David had many wonderful experiences in his life; hear one of his songs to the ages, Psalm 34:7-8:

"The angel of the Lord encamps around those who fear Him, and   delivers them.

O taste and see that the Lord is good!"
Let us pray.

Father we do believe in angels, whether they are Your messengers or agents, or whether they are the extension of YOUR OWN POWER in our lives.

We return to you an angel, Private First Class Spence A. McNeil, age 19, of Bennettsville killed in Saudi Arabia while serving his country yesterday. Hear, O Lord, our silent prayer for his family!

Perhaps You may choose us to be Your angels to say the things, and do the things that will steadily bring in the reign of the Kingdom of God in fact.
Amen!

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

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2796
Agency: Board of Education
Subject: Half-Day Child Development Programs
Received by Lieutenant Governor January 14, 2003
Referred to Education Committee
Legislative Review Expiration   May 13, 2003
Revised May 15, 2003
Committee Requested Withdrawal March 10, 2003
Withdrawn and Resubmitted March 12, 2003

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Doctor of the Day

On behalf of Senator COURSON, Senator GIESE introduced Dr. Vincent Degenhart of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator RITCHIE, at 2:05 P.M., Senator KUHN was granted a leave of absence for today and tomorrow.

CO-SPONSOR REMOVED

S. 383 (Word version) -- Senators Ritchie, Richardson, Kuhn, Martin, Verdin, Ryberg, Ravenel, Mescher, Grooms, Knotts, Peeler, Waldrep, Fair, Gregory and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO EXEMPT FROM THE STATE EMPLOYEE PROCEDURE ACT STATE EMPLOYEES WHO REPORT DIRECTLY TO AN AGENCY HEAD OR CONSTITUTIONAL OFFICER, AND STATE EMPLOYEES WHO REPORT DIRECTLY TO THIS FIRST CATEGORY OF EMPLOYEES, TO EXEMPT ALL STATE EMPLOYEES WHO RECEIVE ANNUALIZED COMPENSATIONS OF AT LEAST FIFTY THOUSAND DOLLARS, TO PROVIDE THAT THESE EXEMPTIONS DO NOT APPLY TO TEACHING AND RESEARCH FACULTY AT A FOUR-YEAR POST-SECONDARY EDUCATIONAL INSTITUTION, AND TO GIVE THESE NEW EXEMPTIONS PROSPECTIVE EFFECT.

On motion of Senator KNOTTS, with unanimous consent, the name of Senator KNOTTS was removed as a co-sponsor of S. 383.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 476 (Word version) -- Senator Reese: A BILL TO AMEND SECTIONS 6-1-570 AND 6-1-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF THE LOCAL ACCOMMODATIONS TAX AND THE LOCAL HOSPITALITY TAX, SO AS TO PROVIDE FOR THE TAXES TO BE REPORTED, PAID, COLLECTED, AND ENFORCED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AS IF THESE TWO TAXES WERE STATE SALES TAXES, TO REQUIRE LOCAL GOVERNING BODIES TO FILE A CERTIFIED COPY OF THE IMPOSITION ORDINANCE WITH THE DEPARTMENT OF REVENUE AND PROVIDE FOR THE DATE THE TAX IS

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IMPOSED FOLLOWING THIS FILING, TO ALLOW THE DEPARTMENT TO RETAIN AN AMOUNT OF THE REVENUE NOT TO EXCEED ONE PERCENT FOR ITS COSTS OF ADMINISTRATION, TO REQUIRE THE BALANCE OF THE REVENUE TO BE CREDITED TO A SEPARATE FUND IN THE STATE TREASURY AND REMITTED NOT LESS THAN MONTHLY TO THE LOCAL GOVERNING BODY IMPOSING THE TAX, AND TO PROVIDE FOR THE TRANSITION FROM LOCAL TO STATE COLLECTION OF THESE TAXES.
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Read the first time and referred to the Committee on Finance.

S. 477 (Word version) -- Senators Ritchie, Ford and Leventis: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2003"; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AS A VIOLENT CRIME; TO AMEND ARTICLE 1, CHAPTER 25 OF TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REDEFINE "HOUSEHOLD MEMBER"; TO DELETE FINES AS A PENALTY FOR THESE CRIMINAL DOMESTIC VIOLENCE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE; TO REDEFINE CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE; TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MUST INVESTIGATE AN ALLEGATION OF CRIMINAL DOMESTIC VIOLENCE EVEN IF THE AGENCY WAS NOT NOTIFIED AT THE TIME OF THE VIOLATION; TO AMEND SECTION 17-22-50, RELATING TO PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON MUST NOT BE CONSIDERED FOR INTERVENTION IF HE HAS BEEN CHARGED WITH AN OFFENSE CONTAINED IN CHAPTER 25 OF TITLE 16; AND TO AMEND SECTION 56-7-15, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO REQUIRE THAT AN OFFICER WHO EFFECTS AN ARREST, BY USE OF A UNIFORM TRAFFIC TICKET, FOR A VIOLATION OF CHAPTER 25 OF TITLE 16, MUST SUBSEQUENTLY COMPLETE AND FILE AN INCIDENT REPORT WITHIN FIFTEEN DAYS OF THE ISSUANCE OF THE TICKET.
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Senator RITCHIE spoke on the Bill.

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

S. 478 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-19-480 OF THE 1976 CODE, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT, WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".
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Read the first time and referred to the Committee on Transportation.

S. 479 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO CRIMINAL JUSTICE ACADEMY TRAINING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2730, 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. 480 (Word version) -- Senator Pinckney: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USES ALLOWED FOR THE REVENUES OF THE LOCAL ACCOMMODATIONS TAX, SO AS TO PROVIDE ADDITIONAL CRITERIA A COUNTY MAY MEET TO BE ELIGIBLE FOR THE ADDITIONAL PURPOSES FOR WHICH LOCAL ACCOMMODATIONS TAX REVENUES MAY BE USED.
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Read the first time and referred to the Committee on Finance.

S. 481 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING

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FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 481 -- Ordered to a Second and Third Reading

On motion of Senator LAND, with unanimous consent, S. 481 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 482 (Word version) -- Senator Mescher: A SENATE RESOLUTION TO COMMEND BOBBY COBIN OF BERKELEY COUNTY FOR THE COURAGE AND HEROISM HE RECENTLY DISPLAYED WHEN HE SUFFERED INJURIES WHILE ATTEMPTING TO EXTINGUISH A FIRE IN HIS FAMILY'S HOME AND RESCUING HIS MOTHER AND THREE SIBLINGS FROM THE DWELLING.
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The Senate Resolution was adopted.

H. 3747 (Word version) -- Reps. Owens, Trotter, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, 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, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH

Printed Page 984 . . . . . Wednesday, March 12, 2003
CAROLINA GENERAL ASSEMBLY TO MISS LAURIE JONES OF EASLEY ON RECEIVING THE 2003 PRUDENTIAL SPIRIT OF COMMUNITY AWARD FOR HER COMMITMENT TO GIVING HELP AND HOPE TO THE PEOPLE OF PICKENS COUNTY.

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

H. 3748 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO COMMEND WILLIAM F. MAHON OF COLUMBIA FOR HIS OUTSTANDING SERVICE AS CHIEF EXECUTIVE OFFICER OF THE SOUTH CAROLINA MEDICAL ASSOCIATION, CONGRATULATE HIM ON HIS MANY ACHIEVEMENTS ON BEHALF OF THE MEDICAL COMMUNITY AND ON RECEIVING THE MEDICAL EXECUTIVE ACHIEVEMENT AWARD, AND EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 3753 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. MARY LOIS GERALD OF DILLON FOR HER DEDICATED SERVICE AND FIRM COMMITMENT TO MARION COUNTY AND ITS CITIZENS BY ENSURING THE BETTERMENT OF THE COMMUNITY THROUGH HER LEADERSHIP IN MANY LOCAL SETTINGS, INCLUDING HER MEMBERSHIP ON THE MARION REGIONAL HOSPITAL SYSTEM'S BOARD OF TRUSTEES AND TO RECOGNIZE MRS. GERALD FOR THE ACCOMPLISHMENTS SHE HAS ENJOYED THROUGHOUT HER LIFE.

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

H. 3754 (Word version) -- Reps. Harrison, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse,

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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 EXPRESSING THE SINCERE APPRECIATION AND UNQUALIFIED SUPPORT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE, AND RESPECTFULLY ACKNOWLEDGING THAT THEIR SELFLESS SERVICE IS ESSENTIAL TO THE STRENGTH AND SECURITY OF OUR NATION AND STATE.

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

H. 3765 (Word version) -- Reps. Ceips, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR AND ADMIRATION OF THE BRAVE MEN AND WOMEN OF SOUTH CAROLINA SERVING IN THE UNITED STATES ARMED FORCES, INCLUDING THE NATIONAL GUARD AND

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RESERVES, AND TO WISH THEM GODSPEED IN THEIR DANGEROUS MISSIONS INVOLVING THE WAR ON TERRORISM AND IRAQ AND A SAFE RETURN FROM HARM'S WAY.

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

REPORTS OF STANDING COMMITTEES

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

S. 34 (Word version) -- Senators Knotts, Elliott, Reese and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA SHALL DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED, AND TO PRESCRIBE THE SUBSTANCE OF THE FISCAL IMPACT DISCLOSURE; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MEMORANDA, CORRESPONDENCE, AND DOCUMENTS RELATING TO AN OFFER MADE TO AN INDUSTRY OR BUSINESS OF INCENTIVES THAT REQUIRE THE EXPENDITURE OF PUBLIC FUNDS OR THE TRANSFER OF ANYTHING OF VALUE OR THAT REDUCE THE RATE OR ALTER THE METHOD OF TAXATION OF THE BUSINESS OR INDUSTRY OR OTHERWISE IMPACT THE OFFEROR FISCALLY ARE NOT EXEMPT FROM DISCLOSURE AFTER THE OFFER IS ACCEPTED OR REJECTED BY THE INDUSTRY OR BUSINESS TO WHOM THE OFFER WAS MADE.

Ordered for consideration tomorrow.

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

S. 98 (Word version) -- Senators Mescher, Ritchie, Ravenel and Reese: A BILL TO AMEND SECTION 23-6-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF

Printed Page 987 . . . . . Wednesday, March 12, 2003
FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC SAFETY'S MOTOR VEHICLE DIVISION, SO AS TO PROVIDE THAT THE MOTOR VEHICLE DIVISION MAY ENTER INTO CONTRACTS WITH PERSONS, CORPORATIONS, OR GOVERNMENTAL SUBDIVISIONS TO PROVIDE SERVICES.

Ordered for consideration tomorrow.

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

S. 172 (Word version) -- Senators Martin, Hayes, Gregory, Kuhn and Mescher: A BILL TO AMEND SECTION 23-31-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESUMPTIONS REGARDING THE BLOOD ALCOHOL CONTENT OF A PERSON USING A FIREARM UNDER THE INFLUENCE OF ALCOHOL, TO PROVIDE THAT A PERSON WITH A BLOOD ALCOHOL CONTENT OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT IS INFERRED TO BE UNDER THE INFLUENCE; TO AMEND SECTION 50-21-114 OF THE 1976 CODE, RELATING TO A PERSON OPERATING A WATER DEVICE UNDER THE INFLUENCE OF ALCOHOL, TO PROVIDE THAT A PERSON WITH A BLOOD ALCOHOL CONTENT OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT IS INFERRED TO BE UNDER THE INFLUENCE; TO AMEND SECTION 56-1-286 OF THE 1976 CODE, RELATING TO A PERSON UNDER TWENTY-ONE OPERATING A VEHICLE WITH A CERTAIN ALCOHOL CONCENTRATION, TO DELETE A REFERENCE TO TEN ONE-HUNDREDTHS OF ONE PERCENT AND INCLUDE A REFERENCE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT; TO AMEND SECTION 56-5-2933 OF THE 1976 CODE, RELATING TO A PERSON DRIVING A MOTOR VEHICLE WITH A UNLAWFUL ALCOHOL CONCENTRATION, TO PROVIDE THAT IT IS UNLAWFUL TO DRIVE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONTENT OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR GREATER; TO AMEND SECTION 56-5-2950 OF THE 1976 CODE, RELATING TO A MOTOR VEHICLE DRIVER'S IMPLIED CONSENT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL OR DRUGS OR THE COMBINATION OF ALCOHOL AND DRUGS IN HIS SYSTEM, SO AS TO PROVIDE A PERSON WITH A BLOOD

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ALCOHOL CONTENT OF EIGHT ONE-HUNDREDTHS OF ONE PERCENT IS INFERRED TO BE UNDER THE INFLUENCE OF ALCOHOL OR A COMBINATION OF ALCOHOL AND DRUGS; AND TO AMEND SECTION 56-5-2951 OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT A PERSON ENROLL IN THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM, TO DELETE A REFERENCE TO TEN ONE-HUNDREDTHS OF ONE PERCENT AND INCLUDE A REFERENCE TO EIGHT ONE-HUNDREDTHS OF ONE PERCENT.

Ordered for consideration tomorrow.

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

S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson and Pinckney: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.

Ordered for consideration tomorrow.

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

S. 225 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.

Ordered for consideration tomorrow.

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

S. 263 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FROM WHOM A DNA SAMPLE CAN BE TAKEN FOR THE PURPOSE OF CREATING AND MAINTAINING A STATE DNA DATABASE, SO AS TO REQUIRE A SAMPLE UPON INCARCERATION, AFTER THE CONVICTION OF ANY FELONY, OR UPON RELEASE FROM INCARCERATION; TO AMEND SECTION 23-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO TAKE DNA SAMPLES, SO AS TO PROVIDE FOR LIABILITY IN CASES OF NEGLIGENCE WHEN TAKING A BLOOD SAMPLE FOR THE PURPOSE OF OBTAINING A DNA SAMPLE; TO AMEND SECTION 23-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIFICATIONS AND PROCEDURES FOR DNA SAMPLES, SO AS TO MANDATE SECURE STORAGE AND CONFIDENTIALITY OF THE DNA SAMPLES; TO AMEND SECTION 23-3-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF DNA PROFILES AND PENALTIES FOR DISCLOSURE, SO AS TO MAKE DNA SAMPLES CONFIDENTIAL.

Ordered for consideration tomorrow.

S. 263 -- Co-Sponsors Added

On motion of Senators SETZLER and JACKSON, the names of Senators SETZLER and JACKSON were added as co-sponsors of S. 263.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 274 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A PRIVATE PASSENGER MOTOR VEHICLE LEASED TO A MEMBER OF THE ARMED FORCES OF THE UNITED STATES STATIONED IN THIS STATE WHOSE HOME OF RECORD IS IN ANOTHER STATE AND THE LEASED VEHICLE IS TO BE REGISTERED AND LICENSED IN

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THE STATE OF THE SERVICE MEMBER'S HOME OF RECORD AND TO EXEMPT ALL VEHICLES LEASED BY A PUBLIC BODY IF THE VEHICLE WOULD OTHERWISE BE EXEMPT IF OWNED BY THE PUBLIC BODY.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

S. 299 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 6-1-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE "SOUTH CAROLINA DEVELOPMENT IMPACT FEE ACT", SO AS TO ADD TO THE DEFINITION OF "PUBLIC FACILITIES", PUBLIC PARKING GARAGES OR RELATED FACILITIES.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 320 (Word version) -- Senators Hayes, Branton, Hawkins and Leventis: A JOINT RESOLUTION TO AUTHORIZE THE ADJUTANT GENERAL'S OFFICE TO FURLOUGH STATE-FUNDED FTE'S DURING FISCAL YEAR 2002-2003 UNDER SPECIFIC CONDITIONS.

Ordered for consideration tomorrow.

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

S. 360 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 36-9-525, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES CHARGED FOR FILING AND INDEXING CERTAIN RECORDS IN ACCORDANCE WITH TITLE 36 OF THE 1976 CODE, SO AS TO RECALCULATE HOW THE FEE IS ASSESSED.

Ordered for consideration tomorrow.

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

S. 417 (Word version) -- Senators Martin and Ford: A BILL TO AMEND SECTION 7-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT

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THAT THE APPLICATION CONTAIN THE APPLICANT'S SOCIAL SECURITY NUMBER.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

HOUSE CONCURRENCES

S. 456 (Word version) -- Senators Fair, Verdin, J. Verne Smith, Anderson and Thomas: A CONCURRENT RESOLUTION TO CONGRATULATE LILLIE LEWIS OF GREENVILLE ON BEING NAMED MIDDLE SCHOOL PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, COMMEND HER FOR HER HARD WORK AND DEDICATION TO IMPROVING PUBLIC EDUCATION, AND WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 459 (Word version) -- Senators Hayes, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION AND UNQUALIFIED SUPPORT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE, AND RESPECTFULLY ACKNOWLEDGING THAT THEIR SELFLESS SERVICE IS

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ESSENTIAL TO THE STRENGTH AND SECURITY OF OUR NATION AND STATE.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill 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. 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.

By prior motion of Senator HAWKINS, with unanimous consent

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.

By prior motion of Senator HAWKINS, with unanimous consent

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

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

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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.

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

The Committee on Transportation proposed the following amendment (SWB\5262CM03), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 2, by striking lines 6 through 9, and by striking /Section 56-15-450 / on line 11 and inserting /Section 56-15-440 /.

Amend the bill, further, SECTION 2, page 2, by striking SECTION 2 in its entirety and inserting:

/SECTION   2.   Sections 56-15-410, 56-15-430, and 56-15-440, added by Section 1 of this act take effect on January 1, 2004. Section 56-15-420 added by Section 1 of this act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the committee amendment.

The committee amendment was adopted.

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

SECOND READING BILLS

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

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

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DOCUMENT NUMBER 2757, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

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.

Senator PEELER explained the Joint Resolution.

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.

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.

ADOPTED

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

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AND TO COMMEND THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS FOR CREATING THE SPECIAL PLACES IN WHICH WE LIVE, WORK, AND PLAY.

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

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

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

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

CARRIED OVER

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

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

On motion of Senator HUTTO, the Bill was carried over.

CARRIED OVER

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 third reading of the Bill.

On motion of Senator MARTIN, the Bill was carried over.

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CARRIED OVER

S. 94 (Word version) -- Senators Anderson, Elliott, Reese and Knotts: A BILL TO AMEND SECTION 7-7-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS, SO AS TO REQUIRE A VOTER TO BE NOTIFIED OF HIS TRANSFER TO A NEW PRECINCT AND OF HIS TRANSFER TO A NEW ELECTION DISTRICT FOR A SPECIAL PURPOSE DISTRICT, SCHOOL DISTRICT, MUNICIPALITY, COUNTY, THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, OR THE SOUTH CAROLINA SENATE.

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

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

CARRIED OVER

S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.

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

On motion of Senator McCONNELL, the Bill was carried over.

CARRIED OVER

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.

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

On motion of Senator McCONNELL, the Bill was carried over.

AMENDED, AMENDMENT PROPOSED
MADE INTERRUPTED DEBATE

S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING VARIOUS SECTIONS OF TITLE 37, RELATING TO CONSUMER PROTECTION AND BY ADDING CHAPTER 23 TO TITLE 37, SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN ACT IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39, AND TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN ACT. (ABBREVIATED TITLE)

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

Amendment No. 2

Senators HAYES and THOMAS proposed the following Amendment No. 2 (PT\1340MM03), which was adopted:

Amend the bill, as and if amended, Section 37-23-20(11)(f)(iii) as contained in SECTION 1, page 7, lines 11-25 by deleting subitem (iii) in its entirety and inserting:

/   (iii)   premiums for insurance against title defects. Premiums for insurance against loss of or damage to property or against liability arising out of the ownership or use of property may be excluded from the points and fees if the insurance coverage may be obtained from a person of the borrower's choice and this fact is disclosed and if the coverage is obtained from or through the creditor or its affiliate, the premium for the initial term of insurance coverage is disclosed. If the term of insurance is less than the term of the transaction, the term of insurance must be disclosed also. The premium may be disclosed on a unit-cost basis only in open-end credit transactions, closed-end credit transactions by mail or telephone pursuant to Section 226.17(g) of Title 12 of the Code of Federal Regulations, and certain closed-end credit transactions involving an insurance plan that limits the total amount of indebtedness subject to coverage. /

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Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

The amendment was adopted.

RECESS

At 2:35 P.M., on motion of Senator HAYES, the Senate receded from business not to exceed five minutes.

At 2:52 P.M., the Senate resumed.

Senator HAYES explained the Bill.

RECESS

At 3:04 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.

At 3:09 P.M., the Senate resumed.

Senator HAYES continued explaining the Bill.

On motion of Senator THOMAS, with unanimous consent, Amendment No. 10B was taken up for immediate consideration.

Amendment No. 10B

Senators THOMAS, HAYES and SHORT proposed the following Amendment No. 10B (438R007.DLT), which was adopted:

Amend the bill, as and if amended, page 10, by striking lines 28-29 and inserting:

/   (a)   by an instrument payable jointly to the borrower and the contractor; or   /

Amend the bill further, as and if amended, page 10, after line 33, by adding an appropriately lettered subsection to read:

/   ( )   for purposes of this article, a home improvement contract does not include money for a new home construction loan or a purchase money loan for a home.   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

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The amendment was adopted.

Amendment No. 6

Senator THOMAS proposed the following Amendment No. 6 (BBM\ 9527MM03):

Amend the bill, as and if amended, Section 37-23-70 as contained in SECTION 1, page 15, after line 33 by adding an appropriately numbered subsection to read:

/ (I)   This article establishes specific consumer protections in consumer home loans in addition to other protections that may be available otherwise by law. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

Made Interrupted Debate

Senator THOMAS asked unanimous consent to place the Bill in the status of Interrupted Debate.

There was no objection.

The Bill was placed in the status of Interrupted Debate.

Expression of Personal Interest

Senator HOLLAND rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator DRUMMOND rose for an Expression of Personal Interest.

MOTION ADOPTED

On motion of Senators LEVENTIS and LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John Frederick Deakin of Sumter, S.C.

ADJOURNMENT

At 4:14 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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