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

Printed Page 1511 . . . . . Tuesday, March 23, 2004

Tuesday, March 23, 2004
(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, hear words from the First Psalm as we remember, and celebrate, the life and labors of our friend and colleague in these Chambers, JOHN CARL WEST.

"Happy are those who do not follow the advice of the wicked, or take the path that sinners tread, or sit in the seat of scoffers; but their delight is in the law of the Lord, ...

They are like trees planted by streams of water, which yield their fruit in its season. In all that they do, they prosper."
Let us pray.

Father, we thank You for the life and labors among us of JOHN CARL WEST, who prayed and worked for the happiness and welfare of all the people of South Carolina.

Give, O Lord, to Lois and their family, and the multitude that loved him, the comfort of the Gospel and strength to carry on.

Father, we dedicate ourselves and all the talents with which You have blessed us to the coming of Your Kingdom on earth.

Thanks for the memories of JOHN WEST, late Senator from Camden, Governor, Ambassador... and Servant of God.
Amen.

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

Leave of Absence

On motion of Senator MOORE at 12:05 P.M. Senator DRUMMOND was granted a leave of absence for today.

CO-SPONSORS ADDED

S. 1075 (Word version) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin and Fair: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL

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GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.

On motion of Senator SHORT, with unanimous consent, the names of Senators REESE, SETZLER, O'DELL, MALLOY, KNOTTS and CROMER were added as co-sponsors of S. 1075.

RECALLED

H. 4647 (Word version) -- Reps. Scarborough, Altman and Harrell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE NEWLY CONSTRUCTED BRIDGE THAT CROSSES THE STONO RIVER IN CHARLESTON COUNTY IN MEMORY OF PAUL J. GELEGOTIS, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "PAUL J. GELEGOTIS MEMORIAL BRIDGE".

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

There was no objection and the Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3489 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E.H. Pitts, Rice, Sandifer, Scarborough, F.N. Smith, Stille, Taylor, Toole, Viers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-925 SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK OR BY OTHER

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SPECIFIED METHODS; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS IN MINIBOTTLES OR BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY
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PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AS WELL AS IN MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO AMEND SECTION 61-12-10, AS AMENDED, RELATING TO THE DISTRIBUTION OF CERTAIN REVENUE FOR ALCOHOL AND DRUG PROGRAMS, SO AS TO REVISE A REFERENCE NECESSITATED BY THE ABOVE PROVISIONS; AND TO REPEAL SECTION 12-33-245 RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES.

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

There was no objection.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3490 (Word version) -- Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E.H. Pitts, Rice, Sandifer, Scarborough, F.N. Smith, Stille, Taylor, Toole, Viers and White: 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 DELETE THE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC

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LIQUORS AND BEVERAGES, INCLUDING DELETING THE PROVISION THAT ON-PREMISES ESTABLISHMENTS ARE LICENSED TO SELL ALCOHOLIC LIQUORS AND BEVERAGES ONLY IN SEALED CONTAINERS OF TWO OUNCES OR LESS, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING PROVISIONS CONCERNING THE RIGHT TO SELL ALCOHOLIC LIQUORS AND BEVERAGES IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

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

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1087 (Word version) -- Senators Hayes, Thomas, Ford, Alexander and Richardson: A BILL TO AMEND SECTION 38-33-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF THE AFFAIRS OF A HEALTH MAINTENANCE ORGANIZATION BY THE DIRECTOR OF INSURANCE, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-39-50, RELATING TO THE REQUIREMENT THAT A LICENSED PREMIUM SERVICE COMPANY IS REQUIRED TO MAINTAIN RECORDS OF ITS TRANSACTIONS, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-41-80, RELATING TO THE REQUIREMENT FOR MULTIPLE EMPLOYER SELF-INSURANCE HEALTH PLANS TO KEEP FULL AND CORRECT RECORDS, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-43-100, AS AMENDED,

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RELATING TO THE ISSUANCE OF A PRODUCER'S LICENSE, SO AS TO OFFER LICENSE EXAMS ELECTRONICALLY AS WELL AS WRITTEN AND TO AUTHORIZE THE DEPARTMENT TO PURSUE ACTION AGAINST AN APPLICANT OR INSURER'S REPRESENTATIVE FOR FALSE INFORMATION PROVIDED ON AN APPLICATION; TO AMEND SECTION 38-43-101, RELATING TO LICENSING AN INSURANCE PRODUCER WHO WAS PREVIOUSLY LICENSED FOR THE SAME LINES OF INSURANCE IN ANOTHER STATE, SO AS TO AUTHORIZE THE DEPARTMENT TO PURSUE ACTION AGAINST AN APPLICANT OR INSURER'S REPRESENTATIVE FOR PROVIDING FALSE INFORMATION ON AN APPLICATION; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATIONAL REQUIREMENTS FOR LOCAL AND GENERAL PRODUCERS, SO AS TO STRENGTHEN THE EDUCATIONAL REQUIREMENTS AND DELETE THE REQUIREMENT THAT A COURSE EXAMINATION BE MONITORED BY A PROCTOR; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS OF AN APPLICANT OR PRODUCER LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE OR LIFE, ACCIDENT, AND HEALTH INSURANCE, SO AS TO ALLOW THE DEPARTMENT TO BE RECIPROCAL WITH OTHER STATES WITH REGARD TO CONTINUING EDUCATIONAL REQUIREMENTS AND AUTHORIZE THE DIRECTOR TO APPOINT AS MANY REPRESENTATIVES AS NECESSARY TO PERFORM THE RESPONSIBILITIES OF THE ADVISORY BOARD; TO AMEND SECTION 38-43-107, AS AMENDED, RELATING TO THE ADDRESS SUPPLIED BY AN INSURANCE PRODUCER WHEN APPLYING FOR A LICENSE, SO AS TO REQUIRE THE BUSINESS, MAILING, AND RESIDENCE ADDRESSES; TO AMEND SECTION 38-43-200, AS AMENDED, RELATING TO THE PROHIBITION ON SPLITTING COMMISSIONS WITH AN UNLICENSED PERSON BY A LICENSED PRODUCER, SO AS TO DELETE A PROVISION WHICH ALLOWS FEE SPLITTING; TO AMEND SECTION 38-43-250, AS AMENDED, RELATING TO PRODUCER RECORDS KEPT BY PRODUCERS AS AN ACCURATE RECORD OF BUSINESS DONE BY THEM, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND
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SECTION 38-44-20, RELATING TO DEFINITIONS USED IN THE MANAGING GENERAL AGENTS ACT, SO AS TO CLARIFY THE DEFINITION OF A "MANAGING GENERAL AGENT"; TO AMEND SECTION 38-45-20, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE AGENT, SO AS TO CLARIFY WHAT CONSTITUTES THE LIFE SPAN OF A CERTIFICATE OF COURSE COMPLETION WITH RESPECT TO A BROKER LICENSE; TO AMEND SECTION 38-45-80, RELATING TO THE REQUIREMENT FOR BROKERS TO KEEP RECORDS OF BUSINESS DONE, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-48-120, RELATING TO RECORD RETENTION BY A PUBLIC ADJUSTER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-51-60, RELATING TO THE REQUIREMENT THAT AN ADMINISTRATOR MAINTAIN FOR THE DURATION OF THE WRITTEN AGREEMENT AND FIVE YEARS AFTER THAT TIME ADEQUATE BOOKS AND RECORDS OF ALL TRANSACTIONS AMONG THE ADMINISTRATOR, INSURERS, AND INSURED PERSONS, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-53-320, RELATING TO THE EXAMINATION BY A PROFESSIONAL OF A SURETY BONDSMAN, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS; TO AMEND SECTION 38-77-155, RELATING TO THE DISTRIBUTION OF MONIES FROM THE UNINSURED MOTORIST'S FUND BY THE DIRECTOR OF INSURANCE, SO AS TO ALLOW THE DIRECTOR TO DISTRIBUTE MONIES BASED ON DATA FROM THE INSURER'S ANNUAL STATEMENT INFORMATION FILED WITH THE DEPARTMENT; AND TO AMEND SECTION 38-78-70, RELATING TO THE REQUIREMENT THAT A PROVIDER MAINTAIN ACCURATE ACCOUNTS, BOOKS, AND RECORDS CONCERNING HIS TRANSACTIONS, SO AS TO CLARIFY THE
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DEPARTMENT OF INSURANCE'S EXAMINATION AUTHORITY WITH RESPECT TO ENTITIES OR PERSONS OTHER THAN ADMITTED INSURERS.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1088 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2004, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2004-2005 ONLY.
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Read the first time and referred to the Committee on Finance.

S. 1089 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 1-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISIONS OF THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE FOR THE STRUCTURE AND COMPOSITION OF THE BOARD'S MANAGEMENT ENTITIES AND DIVISIONS; TO AMEND SECTION 1-11-430, RELATING TO THE BUDGET AND CONTROL BOARD'S GOVERNING THE SUPPLY AND USE OF TELECOMMUNICATIONS SYSTEMS FOR STATE GOVERNMENT, SO AS TO EXCLUDE THE GENERAL ASSEMBLY, THE STATE SENATE, THE STATE HOUSE OF REPRESENTATIVES, OR ANY COMMITTEE OR INSTRUMENTALITY OF THE GENERAL ASSEMBLY, STATE SENATE, OR STATE HOUSE OF REPRESENTATIVES, THE LEGISLATIVE COUNCIL, AND THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY SERVICES FROM ENTITIES FOR WHICH THE BUDGET AND CONTROL BOARD SECURES LOCAL AND LONG DISTANCE TELECOMMUNICATIONS EQUIPMENT AND SERVICES; TO AMEND SECTION 1-11-435, RELATING TO THE PROTECTION OF CRITICAL INFORMATION TECHNOLOGY AND DATA SYSTEMS, SO AS TO SPECIFY THAT THE OFFICE OF THE STATE CHIEF INFORMATION OFFICER IS WITHIN THE BUDGET AND CONTROL BOARD; TO AMEND CHAPTER 11,

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TITLE 1 BY ADDING ARTICLE 9, SO AS TO PROVIDE FOR AN OFFICE OF STATE CHIEF INFORMATION OFFICER AS A MANAGEMENT ENTITY IN THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 2-13-240, RELATING TO DISTRIBUTION OF CODES, SO AS TO PROVIDE FOR CODE DISTRIBUTION TO THE MANAGEMENT ENTITIES AND DIVISIONS OF THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 11-35-1580, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO PROVIDE FOR THE DUTIES OF THE OFFICE OF STATE CHIEF INFORMATION OFFICER AND THE PROCUREMENT SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 23-1-230, RELATING TO FIRST RESPONDERS ADVISORY COMMITTEE, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; TO AMEND SECTION 23-47-30, RELATING TO THE 911 SYSTEM PLAN, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; TO AMEND SECTION 23-47-50, RELATING TO 911 SUBSCRIBER BILLING, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; TO AMEND SECTION 58-9-2540, RELATING TO AN ADVISORY COMMITTEE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; TO AMEND SECTION 59-150-60, RELATING TO POWERS OF THE LOTTERY COMMISSION, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; AND TO AMEND SECTION 59-150-390, RELATING TO PRIMARY AND SECONDARY TECHNOLOGY FUNDING, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER.
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Read the first time and referred to the Committee on Judiciary.

S. 1090 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO PROVIDE THAT, AS AN ALTERNATIVE TO THE GRADUATED BUSINESS LICENSE TAX, A COUNTY MAY IMPOSE A FLAT BUSINESS LICENSE TAX IN AN

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AMOUNT NOT TO EXCEED FIFTEEN DOLLARS THROUGHOUT THE COUNTY.
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Read the first time and referred to the Committee on Finance.

S. 1091 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
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Read the first time and referred to the Committee on Education.

S. 1092 (Word version) -- Senator Short: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON THE DEATH OF CAPTAIN TODD ORR OF CHESTER, A BRAVE AND COURAGEOUS FIREFIGHTER, ON MONDAY, MARCH 15, 2004, AND CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 1093 (Word version) -- Senators Mescher and Grooms: A BILL TO AMEND SECTION 23-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO HAS SERVED AS A STATE CONSTABLE FOR AT LEAST TEN YEARS MEETS THE TRAINING AND EXPERIENCE QUALIFICATIONS FOR THE OFFICE OF SHERIFF.
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Read the first time and referred to the Committee on Judiciary.

S. 1094 (Word version) -- Senators Matthews, Moore and Hutto: A JOINT RESOLUTION TO APPROPRIATE EXCESS INVESTMENT EARNINGS HELD BY THE STATE TREASURER'S OFFICE IN SUBFUND 42B6 "STATE SCHOOL FACILITIES BONDS PROCEEDS 2002A" FOR JANUARY 2004 ICE STORM FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER RELIEF MATCH.
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Read the first time and referred to the Committee on Finance.

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H. 4965 (Word version) -- Rep. Anthony: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN UNION COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT 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. 4969 (Word version) -- Reps. Talley, Anthony, Davenport, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND 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.

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

H. 4970 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT NO. 51 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT 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.

REPORTS OF STANDING COMMITTEES

Senator GIESE from the Committee on Ethics submitted a favorable with amendment report on:

S. 759 (Word version) -- Senators Hayes and Reese: A BILL TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM

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ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.

Ordered for consideration tomorrow.

Senator KUHN from the Committee on Judiciary submitted a majority favorable with amendment and Senator HUTTO a minority unfavorable report on:

S. 841 (Word version) -- Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Gregory, Peeler, Setzler, J. Verne Smith, Cromer and Alexander: A BILL TO AMEND NUMEROUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR THE RESTRUCTURING OF VARIOUS AGENCIES, DEPARTMENTS, AND OFFICES OF STATE GOVERNMENT. (ABBREVIATED TITLE)

Ordered for consideration tomorrow.

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CONCURRENCE

H. 4642 (Word version) -- Reps. Skelton, Cotty, Loftis, Sinclair, Cato, Simrill, Hayes, Barfield, Limehouse, Whipper, Altman, Anthony, Bailey, Battle, Bingham, Bowers, G. Brown, Ceips, Clark, Davenport, Duncan, Emory, Freeman, Hamilton, Harrell, Harrison, Herbkersman, J. Hines, M. Hines, Keegan, Kirsh, Leach, Mahaffey, Martin, Owens, Perry, Pinson, E.H. Pitts, Rice, Richardson, Scarborough, D.C. Smith, G.M. Smith, G.R. Smith, Stewart, Taylor, Toole, Trotter, Viers, White, Whitmire, Witherspoon, Young, Clemmons and Coates: 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".

The House returned the Bill with amendments.

Senator MARTIN explained the amendments.

On motion of Senator MARTIN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolutions 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. 4695 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON

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JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

By prior motion of Senator SETZLER, with unanimous consent

H. 4707 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR 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.

By prior motion of Senator SETZLER, with unanimous consent

H. 4883 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 25 AND 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

By prior motion of Senator SETZLER, with unanimous consent

READ THE THIRD TIME
THIRD READING RECONSIDERED
AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4681 (Word version) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM

Printed Page 1525 . . . . . Tuesday, March 23, 2004
THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

By prior motion of Senator SETZLER, with unanimous consent, the Joint Resolution was read the third time.

Third Reading Reconsidered

Having voted on the prevailing side, Senator MALLOY moved to reconsider the vote whereby the Joint Resolution was given a third reading.

There was no objection.

The question then was the third reading of the Joint Resolution.

On motion of Senator MALLOY, with unanimous consent, Amendment No. 1 was taken up for immediate consideration.

Amendment No. 1

Senator MALLOY proposed the following Amendment No. 1 (GJK\ 21077SD04), which was adopted:

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

/   SECTION   1.   The school days missed on January 25, 26, and 27, 2004, by the students of a school in the Darlington County School District when the school was closed due to snow, ice, or inclement weather conditions is 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. /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.

Printed Page 1526 . . . . . Tuesday, March 23, 2004

THIRD READING BILLS

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

S. 951 (Word version) -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE BARNWELL 19, BARNWELL 29, OR BARNWELL 45 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.

By prior motion of Senator SETZLER, with unanimous consent

S. 952 (Word version) -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE ORANGEBURG 3, ORANGEBURG 4, OR ORANGEBURG 5 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.

By prior motion of Senator SETZLER, with unanimous consent

S. 953 (Word version) -- Senators Setzler, Knotts, Cromer and Courson: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON 1 OR LEXINGTON 2 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.

By prior motion of Senator SETZLER, with unanimous consent

S. 954 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE CHESTER COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

By prior motion of Senator SETZLER, with unanimous consent

Printed Page 1527 . . . . . Tuesday, March 23, 2004

S. 955 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

By prior motion of Senator SETZLER, with unanimous consent

S. 956 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE YORK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

By prior motion of Senator SETZLER, with unanimous consent

S. 957 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE FAIRFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.

By prior motion of Senator SETZLER, with unanimous consent

Printed Page 1528 . . . . . Tuesday, March 23, 2004

MOTION ADOPTED

On motion of Senators HUTTO, McCONNELL, ALEXANDER, ANDERSON, BRANTON, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, JACKSON, KNOTTS, KUHN, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of JOHN C. WEST of Hilton Head, S.C., attorney, former South Carolina Governor having served from 1971-1975, Lieutenant Governor, State Senator and U. S. Ambassador to Saudi Arabia. Governor WEST, 81, is survived by his beloved wife, Lois, and three children, Douglas, Shelton and John, Jr. Governor WEST, a Citadel graduate, was a pioneer for racial harmony, an accomplished statesman, humanitarian and an outstanding leader in brokering economic development for South Carolina.

ADJOURNMENT

At 12:26 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

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