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

Printed Page 1648 . . . . . Tuesday, March 30, 2004

Tuesday, March 30, 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, it's an election year. Hear the words from the ancient past: First Samuel 8:6-9:

"Samuel prayed to the Lord, and the Lord said to Samuel, 'Listen to the voice of the people in all that they say to you; ...only you shall solemnly warn them, and show them the ways of the king who shall reign over them'."
Let us pray.

Father, give peace of mind and the gratitude of our people to those who have served and will not offer to continue.

We thank You that there are others that are willing to undertake the rigorous and difficult role of being public servants, in low or high office. Guide them. Equip them. Enable them.

Guide our people as they assess the needs of our people and our hopes and prayers for the future.

May we continue to be ONE NATION UNDER GOD and sing as long as the earth goes round the sun: "GOD BLESS AMERICA," and teach other nations to do the same.
Amen.

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

MESSAGE FROM THE GOVERNOR

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

Statewide Appointments

Initial Appointment, Director, Department of Probation, Parole and Pardon Services, with term coterminous with Governor

Director

Samuel B. Glover, 149 Belton Drive, Orangeburg, S.C. 29118 VICE James McClain (resigned)

Printed Page 1649 . . . . . Tuesday, March 30, 2004

Referred to the Committee on Corrections and Penology.

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 2004, and to expire March 21, 2009

1st Congressional District

Joan Moore, 110 Kenningtin Drive, Goose Creek, S.C. 29445 VICE Louise R. Ravenel

Referred to the Committee on Medical Affairs.

Doctor of the Day

Senator HAYES introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.

Leave of Absence

At 12:30 P.M., Senator LEVENTIS requested a leave of absence from 5:00 P.M. until 5:00 P.M. on Wednesday, March 31, 2004.

Leave of Absence

At 2:25 P.M., Senator KNOTTS requested a leave of absence until 6:00 P.M. to attend a funeral.

Leave of Absence

At 5:02 P.M., Senator FAIR requested a leave of absence beginning at 5:30 P.M.

Leave of Absence

At 6:15 P.M., Senator JACKSON requested a leave of absence beginning at 7:00 P.M. until 11:00 A.M. on Wednesday, March 31, 2004.

RECALLED AND READ THE SECOND TIME

H. 4942 (Word version) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 12, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT NO. 1 WHEN THE SCHOOL WAS CLOSED DUE TO A WATER MAIN BREAK AND SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, RESPECTIVELY, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL

Printed Page 1650 . . . . . Tuesday, March 30, 2004
SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

There was no objection.

The Resolution was recalled from the committee.

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

There was no objection.

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

On motion of Senator PEELER, with unanimous consent, the Joint Resolution was read the second time.

H. 4942--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, H. 4942 was ordered to receive a third reading on Wednesday, March 31, 2004.

RECALLED AND ADOPTED

H. 3907 (Word version) -- Reps. Barfield, Clemmons, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME CONWAY PERIMETER ROAD WHICH CONNECTS UNITED STATES HIGHWAY 501 IN CONWAY WITH UNITED STATES HIGHWAY 378 "BILLY JORDAN BOULEVARD" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD CONTAINING THE WORDS "BILLY JORDAN BOULEVARD".

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

There was no objection.

The Resolution was recalled from the committee.

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

There was no objection.

Printed Page 1651 . . . . . Tuesday, March 30, 2004

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

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

RECALLED AND ADOPTED

H. 4951 (Word version) -- Reps. Viers, Clemmons, Edge, Barfield, Miller, Hayes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE OF SOUTH CAROLINA HIGHWAY 544 AND SOUTH CAROLINA HIGHWAY 31 (CAROLINA BAYS PARKWAY) IN HORRY COUNTY IN HONOR OF REPRESENTATIVE THOMAS G. KEEGAN UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES AT THIS INTERCHANGE CONTAINING THE WORDS "THOMAS G. KEEGAN INTERCHANGE".

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

There was no objection.

The Resolution was recalled from the committee.

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

There was no objection.

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

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1106 (Word version) -- Senators Jackson, Richardson, Leventis and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-

Printed Page 1652 . . . . . Tuesday, March 30, 2004
220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59, SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
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Read the first time and referred to the Committee on Education.

S. 1107 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO COMMEND TELEVISION STATIONS WPDE (CHANNEL 15) AND WWMB (CHANNEL 21) AND BILLY HUGGINS, GENERAL MANAGER OF THESE STATIONS, FOR THEIR CONTRIBUTIONS TO AND ASSISTANCE WITH THE CRIME STOPPERS PROGRAM IN THE GRAND STRAND AND PEE DEE AREAS WHICH HAVE HELPED TO MAKE IT SUCH A SUCCESSFUL PROGRAM.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 5019 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.

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

H. 5041 (Word version) -- Reps. M. A. Pitts, Parks and Pinson: A CONCURRENT RESOLUTION TO CONGRATULATE THE NINETY SIX HIGH SCHOOL "WILDCATS" GIRLS' VOLLEYBALL TEAM AND HEAD COACH, BETH MILLER, FOR THEIR SECOND CONSECUTIVE STATE CHAMPIONSHIP WIN IN THE DIVISION 1-A VOLLEYBALL 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.

Printed Page 1653 . . . . . Tuesday, March 30, 2004

H. 5047 (Word version) -- Rep. Kennedy: A CONCURRENT RESOLUTION TO CONGRATULATE THE C. E. MURRAY HIGH SCHOOL "WAR EAGLES" GIRLS BASKETBALL TEAM FROM GREELEYVILLE ON WINNING THE 2004 CLASS A STATE CHAMPIONSHIP, THEIR SECOND STRAIGHT CHAMPIONSHIP, AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND TEAMWORK.

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

H. 5049 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CONGREGATION, DEACONS, AND CLERGY OF THE LANGSTON MEMORIAL BAPTIST CHURCH IN CONWAY, IN HORRY COUNTY, ON THE CONSECRATION OF A NEW CHURCH SANCTUARY.

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

H. 5050 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR WILLIE E. GARY, ONE OF THE NATION'S MOST RESPECTED AND ACCOMPLISHED LAWYERS, FOR HIS OUTSTANDING CONTRIBUTIONS TO HIS COMMUNITY AND TO THE NATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 5052 (Word version) -- Reps. Lourie, Cotty, Howard, J. H. Neal, Rutherford, J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, 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, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson,

Printed Page 1654 . . . . . Tuesday, March 30, 2004
Rivers, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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 CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM ON ITS FIFTEENTH CONSECUTIVE INTERNATIONAL FIRST PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE IN NEW YORK CITY ON MARCH 20, 2004.

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

H. 5055 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO HONOR AND EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO BETTY RHOAD LILLY OF RICHLAND COUNTY ON THE OCCASION OF HER EIGHTIETH BIRTHDAY ON TUESDAY, APRIL 13, 2004, AND TO WISH HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.

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

H. 3462--CONFERENCE COMMITTEE APPOINTED

H. 3462 (Word version) -- Reps. Edge, Barfield, Clemmons, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.

On motion of Senator RANKIN, the Senate insisted upon its amendments to H. 3462 and asked for a Committee of Conference.

Whereupon, Senators ELLIOTT, RANKIN and RICHARDSON were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Printed Page 1655 . . . . . Tuesday, March 30, 2004

REPORTS OF STANDING COMMITTEES

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

S. 387 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF PLACING CHILDREN FOR FOSTER CARE WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED IN FOSTER CARE WITH A PERSON WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED FOSTER HOME OTHER THAN THEIR LAWFUL SPOUSE, AND TO PROVIDE FOR COUNSELING AND CERTIFICATION RELATING TO COMPLIANCE WITH THIS SECTION; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED FOR ADOPTION WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CERTAIN OFFENSES, OR WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED ADOPTIVE HOME OTHER THAN THEIR LAWFUL SPOUSE.

Ordered for consideration tomorrow.

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

S. 758 (Word version) -- Senators Hawkins, Mescher, Knotts, Kuhn and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO

Printed Page 1656 . . . . . Tuesday, March 30, 2004
DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:

S. 761 (Word version) -- Senators Martin, Reese and Kuhn: A BILL TO AMEND CHAPTER 11, TITLE 25 OF THE 1976 CODE BY ADDING SECTION 25-11-90 TO PROVIDE FOR A WAR ROSTER PREPARED AND DISTRIBUTED BY THE DIVISION OF VETERANS' AFFAIRS IN THE OFFICE OF THE GOVERNOR TO INCLUDE THE NAME AND PRINCIPAL ITEMS OF RECORD OF PERSONS WHO SERVED ON ACTIVE DUTY DURING CERTAIN CONFLICTS AND AN ORDER OF BATTLE TO INCLUDE THE NAME OF MILITARY UNITS BASED IN SOUTH CAROLINA PARTICIPATING IN CERTAIN CONFLICTS AND TO REPEAL SECTION 73, PART II OF ACT 164 OF 1993.

Ordered for consideration tomorrow.

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

S. 817 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND SECTION 38-53-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO BAIL BONDSMEN AND RUNNERS, SO AS TO DEFINE ELECTRONIC MONITORING; TO AMEND SECTION 38-53-150, RELATING TO LICENSING REQUIREMENTS FOR BAIL BONDSMEN, SO AS TO PROVIDE THAT A BAIL BONDSMAN'S LICENSE MAY BE DENIED, SUSPENDED, REVOKED, OR NOT RENEWED FOR TWO YEARS WHEN A BAIL BONDSMAN FALSELY REPRESENTS HIS MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILS TO CARRY OUT REQUIRED MONITORING ACTIVITIES; TO AMEND SECTION 38-53-170, RELATING TO UNLAWFUL ACTS OF BAIL

Printed Page 1657 . . . . . Tuesday, March 30, 2004
BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN SHALL NOT FALSELY REPRESENT THEIR MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAIL TO CARRY OUT REQUIRED MONITORING ACTIVITIES; AND TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATIONS BY BAIL BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN MAY BE CIVILLY LIABLE FOR FALSELY REPRESENTING MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILING TO CARRY OUT REQUIRED MONITORING ACTIVITIES.

Ordered for consideration tomorrow.

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

S. 871 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO THE CATEGORY OF STATE OFFICERS WHO CAN BE REMOVED BY THE GOVERNOR ONLY FOR CAUSE.

Ordered for consideration tomorrow.

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

S. 900 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS TO VOTE AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT PURSUANT TO SECTION 704 OF THE HELP AMERICA VOTE ACT, FEDERAL POST CARD APPLICATIONS MAY BE USED BY OVERSEAS AND MILITARY UNITED STATES CITIZENS FOR THE NEXT TWO REGULARLY SCHEDULED GENERAL ELECTIONS OCCURRING FROM THE DATE OF SUBMISSION OF THE APPLICATION.

Ordered for consideration tomorrow.

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

S. 985 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 23-3-440, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 1658 . . . . . Tuesday, March 30, 2004
CAROLINA, 1976, RELATING TO NOTIFICATION OF THE SHERIFF AND SLED OF THE RELEASE OF A PERSON LISTED ON THE SEX OFFENDER REGISTRY, SO AS TO ADD THAT LOCAL LAW ENFORCEMENT ALSO MUST BE NOTIFIED OF THE RELEASE.

Ordered for consideration tomorrow.

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

H. 3235 (Word version) -- Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty: A BILL TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO "ADMINISTRATIVE LAW JUDGE DIVISION" TO "ADMINISTRATIVE LAW COURT" IN THE 1976 CODE; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO ADMINISTRATIVE LAW JUDGES, SO AS TO CLARIFY THAT THE COMMISSION ON JUDICIAL CONDUCT IS RESPONSIBLE FOR ENFORCING AND ADMINISTERING THE CODE OF JUDICIAL CONDUCT WITH RESPECT TO ADMINISTRATIVE LAW JUDGES; AND TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE.

Ordered for consideration tomorrow.

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

H. 3332 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, SALE, DELIVERY, OR POSSESSION WITH INTENT TO SELL OR DELIVER PARAPHERNALIA, SO AS TO

Printed Page 1659 . . . . . Tuesday, March 30, 2004
MAKE TECHNICAL CHANGES, AND TO REVISE THE PENALTIES.

Ordered for consideration tomorrow.

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

H. 3564 (Word version) -- Reps. Richardson, Martin, Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson, Snow, Stille, Thompson, Walker, Witherspoon, Young, White, Clemmons, Bailey and Viers: A BILL TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON HIS REAL PROPERTY, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3768 (Word version) -- Reps. Rice, Clemmons and Edge: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003". (ABBREVIATED TITLE).

Ordered for consideration tomorrow.

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

H. 4451 (Word version) -- Reps. G.M. Smith, Altman, Clark and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL SOLICITATION OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-445, RELATING TO THE SEIZURE OF EQUIPMENT USED

Printed Page 1660 . . . . . Tuesday, March 30, 2004
IN THE COMMISSION OF AN OBSCENITY CRIME INVOLVING A MINOR, SO AS TO INCLUDE A REFERENCE TO SECTIONS 16-15-410 AND 16-15-342; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-345, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER EIGHTEEN, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-355, RELATING TO THE DISSEMINATION OF OBSCENITY TO A PERSON UNDER TWELVE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-385, RELATING TO THE DISSEMINATION OF HARMFUL MATERIAL TO A MINOR, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-387, RELATING TO THE EMPLOYMENT OF A PERSON UNDER EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES; TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE PENALTY; AND TO AMEND SECTION 16-15-415, RELATING TO PROMOTING THE PROSTITUTION OF A MINOR, SO AS TO INCREASE THE MINIMUM AND MAXIMUM PENALTIES.

Ordered for consideration tomorrow.

THIRD READING BILL

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

S. 1104 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL

Printed Page 1661 . . . . . Tuesday, March 30, 2004
SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

By prior motion of Senator MARTIN, with unanimous consent

CONSIDERATION INTERRUPTED

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator KNOTTS was recognized.

Objection

Senator RYBERG asked unanimous consent to make a motion to proceed to vote on the amendments.

Senator McCONNELL objected.

Senator KNOTTS argued contra to the concurrence in the House amendments.

Objection

Senator LEATHERMAN asked unanimous consent to make a motion, with Senator KNOTTS retaining the floor, that members of the Senate be granted leave to attend a luncheon function on the grounds of the State House while Senator KNOTTS continued speaking at the podium and that during that time, there would be no quorum calls and no motions made.

Senator FORD objected.

Senator KNOTTS argued contra to the concurrence in the House amendments.

Printed Page 1662 . . . . . Tuesday, March 30, 2004

Point of Quorum

At 12:48 P.M., Senator FORD made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Cromer                    Drummond
Ford                      Giese                     Glover
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Pinckney                  Rankin                    Richardson
Ritchie                   Ryberg                    Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin                    Waldrep

A quorum being present, the Senate resumed.

Senator KNOTTS argued contra to the concurrence in the House amendments.

Motion Adopted

On motion of Senator MARTIN, with unanimous consent, that members of the Senate were granted leave to attend a luncheon function on the grounds of the State House while Senator KNOTTS continued speaking at the podium and that during that time, there would be no quorum calls and no motions made.

There was no objection and at 12:55 P.M., the motion was adopted.

Senator KNOTTS resumed arguing contra to the concurrence in the House amendments.

ACTING PRESIDENT PRESIDES

At 1:40 P.M., Senator MARTIN assumed the Chair.

Printed Page 1663 . . . . . Tuesday, March 30, 2004

Senator KNOTTS resumed arguing contra to the concurrence in the House amendments.

ACTING PRESIDENT PRESIDES

At 1:45 P.M., Senator VERDIN assumed the Chair.

Senator KNOTTS resumed arguing contra to the concurrence in the House amendments.

Senator KUHN argued contra to the concurrence in the House amendments.

Point of Quorum

At 2:43 P.M., Senator MALLOY made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Courson
Cromer                    Drummond                  Fair
Ford                      Giese                     Glover
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Kuhn
Land                      Leatherman                Leventis
Malloy                    Martin                    Matthews
McConnell                 Mescher                   Moore
Patterson                 Peeler                    Ravenel
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Smith, J. Verne
Thomas                    Verdin                    Waldrep

A quorum being present, the Senate resumed.

Recorded Presence

Senator McGILL recorded his presence subsequent to the Call of the Senate.

Senator KUHN argued contra to the concurrence in the House amendments.

Printed Page 1664 . . . . . Tuesday, March 30, 2004

ACTING PRESIDENT PRESIDES

At 3:09 P.M., Senator RICHARDSON assumed the Chair.

Senator KUHN argued contra to the concurrence in the House amendments.

PRESIDENT PRESIDES

At 3:47 P.M., the PRESIDENT assumed the Chair.

Senator KUHN continued arguing contra to the concurrence in the House amendments.

Point of Quorum

At 4:20 P.M., Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Courson                   Cromer
Drummond                  Elliott                   Fair
Giese                     Glover                    Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Kuhn                      Land
Leatherman                Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Rankin
Ravenel                   Richardson                Ritchie
Ryberg                    Setzler                   Sheheen
Short                     Smith, J. Verne           Thomas
Verdin                    Waldrep

A quorum being present, the Senate resumed.

Recorded Presence

Senator FORD recorded his presence subsequent to the Call of the Senate.

Senator KUHN continued arguing contra to the concurrence in the House amendments.

Printed Page 1665 . . . . . Tuesday, March 30, 2004

Motion Under Rule 15A Failed

At 4:25 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 356 at 4:30 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 18; Nays 22

AYES

Courson                   Drummond                  Fair
Giese                     Hayes                     Hutto
Jackson                   Leatherman                Martin
Matthews                  McGill                    O'Dell
Richardson                Ritchie                   Ryberg
Short                     Smith, J. Verne           Waldrep

Total--18

NAYS

Alexander                 Branton *                 Cromer
Elliott                   Ford                      Glover
Grooms                    Hawkins                   Knotts *
Kuhn                      Land                      Malloy
McConnell                 Mescher                   Moore
Patterson                 Peeler                    Rankin
Ravenel                   Setzler                   Sheheen
Verdin

Total--22

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator KUHN continued arguing contra to the concurrence in the House amendments.

Printed Page 1666 . . . . . Tuesday, March 30, 2004

Motion Under Rule 15A Failed

At 4:57 P.M., Senator MARTIN moved under Rule 15A to vote on the entire matter of S. 356 at 5:00 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 25; Nays 16

AYES

Courson                   Cromer                    Drummond
Fair                      Giese                     Glover
Hayes                     Hutto                     Jackson
Land                      Leatherman                Martin
Matthews                  McGill                    Moore
O'Dell                    Patterson                 Rankin
Richardson                Ritchie                   Ryberg
Short                     Smith, J. Verne           Thomas
Waldrep

Total--25

NAYS

Alexander                 Branton *                 Elliott
Ford                      Grooms                    Hawkins
Knotts *                  Kuhn                      Malloy
McConnell                 Mescher                   Peeler
Ravenel                   Setzler                   Sheheen
Verdin

Total--16

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator KUHN continued arguing contra to the concurrence in the House amendments.

Printed Page 1667 . . . . . Tuesday, March 30, 2004

Objection

Senator FORD asked unanimous consent to make a motion to recommit the Bill to the Committee on Transportation.

Senator RICHARDSON objected.

Senator KUHN continued arguing contra to the concurrence in the House amendments.

With Senator KUHN retaining the floor, Senator MARTIN was recognized to make brief remarks.

Senator KUHN continued arguing contra to the concurrence in the House amendments.

Motion Under Rule 15B Ruled Out of Order

At 6:43 P.M., Senator RICHARDSON moved under Rule 15B to vote on the entire matter of S. 356 at 3:00 P.M. on Wednesday, March 31, 2004.

Point of Order

Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as Rule 15B pertained to reapportionment and S. 356 was not a reapportionment Bill.

The PRESIDENT sustained the Point of Order.

Motion Under Rule 15A Ruled Out of Order

At 6:45 P.M., Senator RICHARDSON moved under Rule 15A to vote on the entire matter of S. 356 at 3:00 P.M. on Wednesday, March 31, 2004.

Point of Order

Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as the motion was made pursuant to Rule 15C under the guise of Rule 15A.

The PRESIDENT sustained the Point of Order.

Senator KUHN continued arguing contra to the concurrence in the House amendments.

Printed Page 1668 . . . . . Tuesday, March 30, 2004

At 6:55 P.M., Senator RICHARDSON moved under Rule 15A to vote on the entire matter of S. 356 at 3:00 P.M. on Wednesday, March 31, 2004.

Point of Order

Senator McCONNELL raised a Point of Order that Rule 15A provides that the motion to vote on the entire matter of S. 356 must be made during the same legislative day.

Senators RICHARDSON, MOORE, HAWKINS and RITCHIE spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator KUHN continued arguing contra to the concurrence in the House amendments.

Objection

With Senator KUHN retaining the floor, Senator RYBERG asked unanimous consent to make a motion that the Senate stand adjourned.

Senator KNOTTS objected.

Senator KUHN continued arguing contra to the concurrence in the House amendments.

ACTING PRESIDENT PRESIDES

At 7:02 P.M., Senator COURSON assumed the Chair.

Senator KUHN resumed arguing contra to the concurrence in the House amendments.

PRESIDENT PRESIDES

At 7:08 P.M., the PRESIDENT assumed the Chair.

Senator KUHN resumed arguing contra to the concurrence in the House amendments.

ACTING PRESIDENT PRESIDES

At 7:20 P.M., Senator VERDIN assumed the Chair.

Senator KUHN resumed arguing contra to the concurrence in the House amendments.

Printed Page 1669 . . . . . Tuesday, March 30, 2004

With Senator KUHN retaining the floor, Senator RICHARDSON asked unanimous consent to make a motion to continue the Bill.

The question then was the motion to continue the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 13; Nays 26

AYES

Alexander                 Elliott                   Grooms
Hawkins                   Knotts                    Kuhn
Leatherman                Martin                    McConnell
Mescher                   O'Dell                    Ravenel
Verdin

Total--13

NAYS

Anderson                  Branton                   Courson
Cromer                    Drummond                  Fair *
Giese                     Glover                    Gregory *
Hayes                     Hutto                     Land
Malloy                    Matthews                  McGill
Moore                     Patterson                 Rankin
Reese                     Richardson                Ritchie
Ryberg                    Setzler                   Sheheen
Short                     Thomas

Total--26

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

PAIRED

Ford   (Present) Aye

Jackson   (Absent) Nay

The motion to continue the Bill failed.

Printed Page 1670 . . . . . Tuesday, March 30, 2004

PRESIDENT PRESIDES

At 7:43 P.M., the PRESIDENT assumed the Chair.

Senator KUHN resumed arguing contra to the concurrence in the House amendments.

With Senator KUHN retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, consideration was interrupted by adjournment.

MOTION ADOPTED

On motion of Senator KNOTTS, with unanimous consent, the Senate stood adjourned in memory of Mr. Harold R. "Chub" Chambers of West Columbia, S.C., Columbia detective and former riding partner of Senator Knotts, who recently passed away from brain cancer. Mr. Chambers was relentless in his pursuit of unresolved cases, most remarkable being the investigation into the disappearance of Dail Dinwiddie in September of 1992, from the Five Points area in Columbia, S.C.

ADJOURNMENT

At 7:46 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 2:00 P.M.

* * *

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