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 a word from St. John, the Apostle, Chapter 9:31 (RSV):

"We know that God does not listen to sinners (unless there is repentance), but if any one is a worshipper of God and does His will, God listens to him."
Let us pray.

Father, we thank You that You have a receptive ear to mankind's call for help. Our prayer is that we understand the conditions of Your blessing.

You hear us when youthful aspirations blend with older folk's frustrations.

Help us to march each day to the cadence of the "tried-and-true," the happy, lilting melodies of those who have found the secrets of the Kingdom of God and the joy of a life lived in faithful fellowship with the Lord God Almighty... in whose Name we pray.
Amen.

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

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

Initial Appointment, State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials or Employees, with term to commence June 30, 2003, and to expire June 30, 2005

Counties

Philip D. England, Planning and Development Director, 1680 Richland Ave., W., Suite 130, Aiken, S.C. 29801-3286

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2004, and to expire August 15, 2008

At-Large

Christopher B. Fraser, 1483 Tobias Gadson Blvd., Suite 109, Charleston, S.C. 29407 VICE Andrew Nick Theodore

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Executive Director of the Department of Motor Vehicles, with term coterminous with Governor

Marcia S. Adams, S.C. Dept. of Motor Vehicles, 955 Park St., Columbia, S.C. 29201

Referred to the Committee on Transportation.

Reappointment, South Carolina Prisoner of War Commission, with term to commence June 30, 2001, and to expire June 30, 2005

2nd Congressional District

William I. Pebley, 148 George Addy Road, Little Mountain, S.C. 29075

Referred to the 2nd Congressional Delegation.

Senator PINCKNEY introduced Dr. Eddie Richardson, Jr. of Fairfax, S.C., Doctor of the Day.

At 2:05 P.M., the leave of absence granted to Senator LAND for today was rescinded.

At 3:05 P.M., Senator MATTHEWS requested a leave of absence beginning at 11:30 A.M. tomorrow for the balance of the day.

On motion of Senator MOORE, at 3:40 P.M., Senator DRUMMOND was granted a leave of absence for today.

Senator RYBERG rose for an Expression of Personal Interest.

Senator KUHN rose for an Expression of Personal Interest.

S. 825 (Word version) -- Senators Leventis, Martin and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY AND DISCOUNTED UTILITY RATES; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 53 IN TITLE 11, ENACTING THE SOUTH CAROLINA MILITARY VALUE ENHANCEMENT BOND ACT, SO AS TO AUTHORIZE TWENTY-FIVE MILLION DOLLARS IN STATE GENERAL OBLIGATION BONDS FOR FUNDING OF THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT IN ORDER TO PROVIDE ASSISTANCE TO DEFENSE COMMUNITIES IN THIS STATE TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE.

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 825.

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,

On motion of Senator VERDIN, with unanimous consent, the name of Senator VERDIN was removed as a co-sponsor of S. 462.

H. 4673 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.

Senator BRANTON asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

Senator BRANTON asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator BRANTON asked unanimous consent to give the Bill a second reading with notice of general amendments.

There was no objection.

The Bill was read the second time with notice of general amendments and ordered placed on the third reading Calendar.

The following were introduced:

S. 972 (Word version) -- Senators Leventis and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.
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Senator LEVENTIS spoke on the Bill.

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

S. 973 (Word version) -- Senators Waldrep and O'Dell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.
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Read the first time and referred to the Committee on Finance.

S. 974 (Word version) -- Senator Short: A BILL TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO EXPAND THE DEFINITION OF WEAPON TO INCLUDE STUN WEAPONS AND ELECTRO-MUSCULAR DISRUPTION WEAPONS.
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Read the first time and referred to the Committee on Judiciary.

S. 975 (Word version) -- Senators Waldrep, Hutto, Cromer, Knotts and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY FAIRNESS ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
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Senator WALDREP spoke on the Bill.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 976 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-1-45 SO AS TO PROVIDE THAT ANY MANUFACTURED ITEMS SOLD BY THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AT ITS WELCOME AND INFORMATION CENTERS, AT ANY DEPARTMENT-RUN GIFT FACILITIES AT STATE PARKS, AND AT ITS STATE HOUSE GIFT SHOP MUST BE MADE IN THE UNITED STATES OF AMERICA.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 977 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-110 SO AS TO REQUIRE PREPARERS OF FOOD FOR PUBLIC CONSUMPTION TO WEAR HAIRNETS AND LATEX GLOVES AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS TO IMPLEMENT THIS SECTION.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 978 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 44-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR LICENSURE OF HEALTH CARE FACILITIES, SO AS TO ENACT THE "THERON NORRIS ACT" TO PROVIDE THAT, IF AN INDIVIDUAL WITH A MENTAL IMPAIRMENT IS ADMITTED TO A HEALTH CARE FACILITY OR A COMMUNITY RESIDENTIAL CARE FACILITY (CRCF), THE FACILITY OR CRCF SHALL AFFIX A GREEN STAR TO THE PATIENT'S CHART INDICATING THAT THE PATIENT REQUIRES SPECIAL SUPERVISION OR CARE, THE CHART MUST ACCOMPANY THE PATIENT WHEN TRANSPORTED OFF THE UNIT TO WHICH HE HAS BEEN ADMITTED, AND SUCH A PATIENT MAY NOT BE LEFT UNATTENDED OR UNSUPERVISED WHILE OFF HIS UNIT.
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Read the first time and referred to the Committee on Medical Affairs.

S. 979 (Word version) -- Senators Ravenel, Kuhn, McConnell, Branton, Mescher and Grooms: A BILL TO AMEND ACT 722 OF 1976, AS AMENDED, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO REVISE THE MANNER IN WHICH THE BOARD IS APPOINTED AND TO DESIGNATE ONE MEMBER TO SERVE AS SECRETARY/TREASURER OF THE BOARD.
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Read the first time and, on motion of Senator RAVENEL, with unanimous consent, S. 979 was ordered placed on the Calendar without reference.

S. 980 (Word version) -- Senators Knotts, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION THANKING CHARISSE PHILLIPS, DEBBIE PHILLIPS, AND STEVE PHILLIPS, OWNERS OF THREE FOUNTAINS SKATING RINK IN WEST COLUMBIA, FOR THEIR GENEROSITY IN HOSTING THE HONOR ROLL STUDENTS OF THE AREA ON SATURDAYS IN FEBRUARY TO A MORNING OF FUN IN RECOGNITION OF THEIR HARD WORK AND SUCCESS IN SCHOOL.
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The Senate Resolution was adopted.

S. 981 (Word version) -- Senator Jackson: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
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Read the first time and referred to the Committee on Judiciary.

H. 3482 (Word version) -- Reps. Bingham, Trotter, M. A. Pitts, Umphlett, Taylor, E. H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, Chellis, G. R. Smith, White, Clemmons, Duncan, Cooper, Barfield, Merrill, Scarborough, Ott and Quinn: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.

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

H. 3762 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONVICTED OF AN OFFENSE WHO ARE IN THE CUSTODY OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT A TRIAL JUDGE MAY CHOOSE TO NOT RECEIVE NOTIFICATION OF THE PENDING RELEASE OF CERTAIN INMATES ON WORK RELEASE.

Read the first time and referred to the Committee on Corrections and Penology.

H. 4454 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-140 SO AS TO PROVIDE THAT FOR CERTAIN POLITICAL SUBDIVISIONS OF THIS STATE THAT WERE CREATED TO OPERATE HOSPITALS ON A LOCAL OR

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

H. 4687 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO ALLOW AN ENTITY THAT BEGAN PARTICIPATION IN THE STATE HEALTH INSURANCE PLAN BEFORE APRIL 1, 2004, TO DISCONTINUE PARTICIPATION IN THE PLAN REGARDLESS OF THE FOUR-YEAR MINIMUM PARTICIPATION REQUIREMENT IF THE ENTITY IS ADVERSELY AFFECTED BY THE IMPLEMENTATION OF EXPERIENCE RATING IN JULY 1, 2004, AND TO PROVIDE THE REQUIREMENTS FOR DISCONTINUING SUCH PARTICIPATION.

Senator LEATHERMAN spoke on the Resolution.

Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, H. 4687 was ordered placed on the Calendar without reference.

H. 4743 (Word version) -- Reps. Miller, Harvin, R. Brown and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 17 FROM THE TOWN LIMITS OF AWENDAW TO THE TOWN LIMITS OF MCCLELLANVILLE IN HONOR OF THE LATE JAMES MITCHELL "MITCH" GRAHAM WHO WAS ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC OFFICIALS AND WHO WAS INSTRUMENTAL IN THE FOUNDING OF THE SOUTH CAROLINA ASSOCIATION OF COUNTIES AMONG OTHER ACHIEVEMENTS.

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

H. 4750 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 20-7-5010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE CHILDREN'S TRUST FUND, SO AS TO AUTHORIZE

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

H. 4768 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE RED CROSS OF BAMBERG COUNTY, ESPECIALLY VOLUNTEERS BETH PREGNALL, GENIE BELLAMY, AND BIG LOT STORE FOR THEIR HARD WORK AND DEDICATION IN MAKING THE RED CROSS "TOYS FOR TOTS" CHRISTMAS TOY DRIVE SUCH A SUCCESS.

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

H. 4771 (Word version) -- Reps. Leach and Vaughn: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MISS SHALINI BUMB OF GREER UPON BEING NAMED ONE OF SOUTH CAROLINA'S TOP TWO YOUTH VOLUNTEERS FOR 2004 BY THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS, TO RECOGNIZE HER FOR AN OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT, AND TO EXTEND TO HER BEST WISHES IN ALL HER FUTURE ENDEAVORS.

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

H. 4778 (Word version) -- Reps. Witherspoon, 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,

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

H. 4781 (Word version) -- Rep. Bingham: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE BROOKLAND-CAYCE HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM AND THEIR HEAD COACH, JOHN CHECKOVICH, AND ASSISTANT COACH, NINYA CHECKOVICH, ON WINNING THE 2003 CLASS AAA GIRLS VARSITY VOLLEYBALL STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.

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

H. 4782 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ROBERT "BOBBY" BUTLER GIBBONS, JR., OF NEW ZION IN CLARENDON COUNTY, ON BEING ELECTED COMMANDER OF THE AMERICAN LEGION FOR THE STATE OF SOUTH CAROLINA.

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

At 2:38 P.M., Senator THOMAS assumed the Chair.

Columbia, S.C., February 18, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4544 (Word version) -- Rep. Harvin: A BILL TO ENACT THE "CLARENDON COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN CLARENDON COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF CLARENDON COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE GOVERNING BODY OF CLARENDON COUNTY AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM IN THE COUNTY ON THE QUESTION OF IMPOSITION OF THIS TAX, AND TO PROVIDE THAT A TAX IMPOSED PURSUANT TO THIS ACT MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE CLARENDON COUNTY TREASURER FOR THE CLARENDON COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL DETERMINE THE METHOD OF DISTRIBUTION OF THE REVENUES OF THIS TAX TO THE THREE SCHOOL DISTRICTS IN CLARENDON COUNTY, TO PROVIDE THAT THE TAX AUTHORIZED BY THIS ACT MUST BE IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE THE

Received as information.

Columbia, S.C., January 16, 2004

Mr. President and Senators:

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

Reappointment, South Carolina Prisoner of War Commission, with term to commence June 30, 2001, and to expire June 30, 2005

2nd Congressional District

William I. Pebley, 148 George Addy Road, Little Mountain, S.C. 29075
Very respectfully,
Speaker of the House

Received as information.

S. 942 (Word version) -- Senators Leatherman, Leventis and Knotts: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF HIGHWAY 76/301 NORTH COMMENCING AT THE INTERSECTION OF HIGHWAY 327 AND ENDING AT THE OLD MARION HIGHWAY IN HONOR OF MR. CHRISTOPHER JAMES YAHNIS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY CONTAINING THE WORDS "CHRISTOPHER JAMES YAHNIS HIGHWAY".

Returned with concurrence.

Received as information.

S. 963 (Word version) -- Senators Alexander, Drummond, Elliott, Grooms, Hayes, Knotts, Martin, Peeler, Sheheen and Thomas: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE

Returned with concurrence.

Received as information.

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

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3681 (Word version) -- Reps. E.H. Pitts, Clark, Duncan, Frye, Koon and Merrill: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS SUCH GROUND, THE CONVICTION OF A PARENT FOR THE MURDER OF THE CHILD'S OTHER PARENT.

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

S. 769 (Word version) -- Senators Cromer and Reese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES INCLUDING THE EXEMPTION OF A DWELLING HOUSE OF A VETERAN WHO IS DISABLED FROM A SERVICE-CONNECTED DISABILITY, SO AS TO DEFINE THE TERM "PERMANENTLY AND TOTALLY DISABLED" AND TO ALLOW THE SURVIVING SPOUSE OF A DISABLED VETERAN TO RECEIVE THE EXEMPTION FOR ANY SUBSEQUENT DWELLING.

Senator CROMER explained the Bill.

S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION

S. 904 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-119-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON THE ISSUANCE OF ATHLETIC FACILITY REVENUE BONDS BY CLEMSON UNIVERSITY SO AS TO INCREASE FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS THE MAXIMUM AMOUNT OF THESE BONDS WHICH MAY BE OUTSTANDING AT ANY TIME.

S. 966 (Word version) -- Medical Affairs Committee: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING, ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.

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

Senator PEELER proposed the following amendment (966R001.HSP), which was adopted:

Amend the bill, as and if amended, page 7, by striking Section 44-61-540(C) and inserting:

/     (C)   Provided there is adequate funding in the State Trauma Fund, the department shall promulgate regulations to establish the distribution of funds in accordance with the purposes stated in subsection (B). The department is solely responsible for determining the priority of distributions and may utilize contracts with other agencies, including the Department of Health and Human Services, in the distribution of these funds.     /

Amend the bill further, as and if amended, page 8, by striking Section 44-61-540(E) and inserting:

/     (E)   All of the department's duties under this article, including the requirement to promulgate regulations, are contingent upon adequate funding to cover the department's operating and administrative costs. If inadequate funding exists in the State Trauma Fund, the department is not obligated to carry out any duties under this article.     /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

H. 4586 (Word version) -- Reps. M.A. Pitts, Duncan, Merrill, Parks, Pinson and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE LAW ENFORCEMENT STAGING AREA LOCATED ON LAKE GREENWOOD IN LAURENS COUNTY AS THE "DR. JULIUS L. LEARY, JR., LAW ENFORCEMENT STAGING AREA" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.

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

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE

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

S. 893 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-165 SO AS TO PROVIDE THAT THE THIRD FRIDAY IN SEPTEMBER OF EACH YEAR IS DECLARED TO BE "POW/MIA RECOGNITION DAY" IN SOUTH CAROLINA, TO PROVIDE THAT THE GOVERNOR SHALL ISSUE A PROCLAMATION EACH YEAR CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE "POW/MIA DAY" WITH APPROPRIATE CEREMONIES AND ACTIVITIES, AND TO PROVIDE THAT THE FLAGS ATOP STATE AND LOCAL PUBLIC BUILDINGS, INCLUDING THE STATE CAPITOL BUILDING, SHALL BE FLOWN AT HALF-STAFF UNTIL NOON ON "POW/MIA RECOGNITION DAY".

Senator MARTIN explained the Bill.

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

H. 4076 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INSURANCE AGENTS AND INSURANCE AGENCIES. (ABBREVIATED TITLE)

Senator MALLOY asked unanimous consent to recommit the Bill to the Committee on Banking and Insurance.

There was no objection and the Bill was recommitted.

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

S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

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

Senator LEVENTIS was recognized to speak on the Resolution.

With Senator LEVENTIS retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Bill was carried over in the status of Interrupted Debate.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 95 (Word version) -- Senators Gregory and Cromer: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.

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 MARTIN, with unanimous consent, the Bill was carried over in the status of Adjourned Debate.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 531 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 12-33-245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIBOTTLE TAX, AND TO AMEND VARIOUS SECTIONS OF TITLE 61, CHAPTER 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "ALCOHOLIC BEVERAGE CONTROL ACT". (ABBREVIATED TITLE)

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

Senator LEVENTIS argued contra to the second reading of the Bill.

At 3:35 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEVENTIS moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Courson                   Cromer                    Elliott
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 Mescher
Moore                     O'Dell                    Peeler
Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Short
Thomas                    Verdin                    Waldrep

A quorum being present, the Senate resumed.

Senator LEVENTIS argued contra to the second reading of the Bill.

At 4:24 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed five minutes.

At 4:33 P.M., the Senate resumed.

At 4:33 P.M., Senator MARTIN assumed the Chair.

Senator LEVENTIS argued contra to the second reading of the Bill.

Senator LEATHERMAN asked unanimous consent to make a motion that, when the Senate reconvenes tomorrow, the Senate would proceed to the Morning Hour, a Call of the Uncontested Local and Statewide Calendar, and immediately following the Call of the Uncontested Local and Statewide Calendar, the Senate would take up S. 531 for immediate consideration.

There was no objection.

On motion of Senator LEATHERMAN, with unanimous consent, consideration was interrupted by adjournment, with Senator LEVENTIS retaining the floor.

Having received a favorable report from the 2nd Congressional Delegation, the following appointment was confirmed in open session:

Reappointment, South Carolina Prisoner of War Commission, with term to commence June 30, 2001, and to expire June 30, 2005

2nd Congressional District

William I. Pebley, 148 George Addy Road, Little Mountain, S.C. 29075

On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Charles R. "Chuck" Timms of Oconee, S.C., former member of the Oconee County Council.

At 4:36 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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