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


Printed Page 1711 . . . . . Thursday, April 1, 2004

Thursday, April 1, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.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 ancient words which could be a headline in today's press. The Book of Exodus 32:25-26:

"When Moses saw that the people were running wild (for Aaron had let them run wild, to the derision of their enemies), then Moses stood in the gate of the camp, and said, "Who is on the Lord's side? Come to me!"
Let us pray.

Father, it seems that Moses was declaring "no wiggle-room" in their loyalties. We pray for the poor benighted people of Iraq, struggling with which side should claim their loyalty.

As we, here, look up in prayer, bearing in our hands and hearts the burdens of our own people, together with the millions in the Middle East to whom we have pledged loyalty, have mercy upon us all. May we hear our unseen Lord saying to us, "I will never fail you nor forsake you" ...and may we never fail You, O Lord!
Amen.

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

Message from the House

Columbia, S.C., March 31, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R225, H. 4707 by a vote of 1 to 0:

(R225, H4707 (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


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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.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R225, 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.

The veto of the Governor was taken up for immediate consideration.

Senator ELLIOTT moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Patterson                 Peeler                    Pinckney

Printed Page 1713 . . . . . Thursday, April 1, 2004

Rankin                    Ravenel                   Reese
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Short
Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--46

NAYS

Total--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Doctor of the Day

Senator McCONNELL introduced Dr. Richard Kline of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator FAIR, at 11:05 A.M. Senator THOMAS was granted a leave of absence for today.

Leave of Absence

At 11:15 A.M., Senator GIESE requested a leave of absence for the balance of the day.

Leave of Absence

At 11:20 A.M., Senator RITCHIE requested a leave of absence for Tuesday, April 6, 2004.

Leave of Absence

At 12:10 P.M., Senator FAIR requested a leave of absence beginning at 1:00 P.M. for the balance of the day.

Expression of Personal Interest

Senator GROOMS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator HAWKINS rose for an Expression of Personal Interest.


Printed Page 1714 . . . . . Thursday, April 1, 2004

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

OBJECTION

Senator MARTIN asked unanimous consent to make a motion to carry over S. 356 until a Call of the Uncontested Calendar had been completed, and at the completion of the Call of the Uncontested Calendar, S. 356 would be taken up for immediate consideration.

Senator HUTTO objected.

RECALLED

S. 1082 (Word version) -- Senator Cromer: A JOINT RESOLUTION TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE NEWBERRY AND SALUDA COUNTY SCHOOL DISTRICTS FOR SCHOOL YEAR 2003-2004 ARE AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICTS BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.

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

There was no objection.

The Resolution was recalled from the committee and ordered placed on the Calendar for consideration.

RECALLED

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.

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

There was no objection.


Printed Page 1715 . . . . . Thursday, April 1, 2004

The Bill was recalled from the committee and ordered placed on the Calendar for consideration.

RECALLED AND ADOPTED

S. 1122 (Word version) -- Senators Thomas, Moore, Gregory, Hutto and Waldrep: A CONCURRENT RESOLUTION TO CONGRATULATE AND MEMORIALIZE PALMETTOPRIDE FOR RECEIVING THE KEEP AMERICA BEAUTIFUL GOLD AWARD AND FOR THE KEEP SOUTH CAROLINA BEAUTIFUL AFFILIATES RECEIVING TWENTY-TWO OTHER NATIONAL AWARDS AND TO DECLARE APRIL TWENTIETH AS PALMETTOPRIDE DAY.

Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.

There was no objection.

The Resolution was recalled from the committee.

Senator MESCHER 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 MESCHER, with unanimous consent, the Resolution was adopted, ordered returned to the House.

RECALLED AND ADOPTED

H. 5022 (Word version) -- Reps. Richardson, Kirsh, Simrill, Moody-Lawrence, Emory, Delleney and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE SUTTON ROAD EXIT ON I-77 IN YORK COUNTY IN HONOR OF CHARLES E. POWERS, MAYOR OF THE TOWN OF FORT MILL, IN RECOGNITION OF HIS OUTSTANDING SERVICE TO HIS COMMUNITY AND THE CITIZENS OF FORT MILL AND PLACE APPROPRIATE SIGNS OR MARKERS AT THE INTERCHANGE.

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

There was no objection.


Printed Page 1716 . . . . . Thursday, April 1, 2004

The Resolution was recalled from the committee.

Senator HAYES 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 HAYES, with unanimous consent, the Resolution was adopted, ordered returned to the House.

RECALLED AND ADOPTED

H. 5054 (Word version) -- Reps. Harrison, Limehouse, Lee, Miller and Cooper: A CONCURRENT RESOLUTION TO CONGRATULATE AND MEMORIALIZE PALMETTOPRIDE FOR RECEIVING THE KEEP AMERICA BEAUTIFUL GOLD AWARD AND FOR THE KEEP SOUTH CAROLINA BEAUTIFUL AFFILIATES RECEIVING TWENTY-TWO OTHER NATIONAL AWARDS AND TO DECLARE APRIL TWENTIETH AS PALMETTOPRIDE DAY.

Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.

There was no objection.

The Resolution was recalled from the committee.

Senator MESCHER 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 MESCHER, with unanimous consent, the Resolution was adopted, ordered returned to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1124 (Word version) -- Senators Peeler and Thomas: A BILL TO AMEND TITLE 44 OF THE 1976 CODE BY ADDING CHAPTER 132 TO


Printed Page 1717 . . . . . Thursday, April 1, 2004

PROVIDE FOR THE DIRECT SUBMISSION OF CLAIMS FOR ANATOMIC PATHOLOGY SERVICES, TO PROVIDE FOR THE SUBMISSION AND LIMITATIONS OF BILLS FOR OUTPATIENT ANATOMIC PATHOLOGY SERVICES, AND TO PROVIDE FOR THE DEFINITION OF ANATOMIC PATHOLOGY SERVICES FOR PURPOSES OF THIS CHAPTER.
l:\s-res\hsp\003path.mrh.doc

Read the first time and referred to the Committee on Medical Affairs.

S. 1125 (Word version) -- Senators Moore and Ritchie: A BILL TO AMEND SECTION 5-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNEXATION BY A MUNICIPALITY OF PROPERTY THAT IS CONTIGUOUS TO IT SO AS TO LOWER THE PERCENTAGE OF FREEHOLDERS WHO MUST FILE A PETITION WITH THE MUNICIPALITY TO HAVE THE PROPERTY ANNEXED, AND TO LOWER THE PERCENTAGE OF THE ASSESSED VALUATION OF REAL PROPERTY THAT MUST BE OWNED BY THOSE FREEHOLDERS.
l:\council\bills\swb\5977cm04.doc

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

H. 3827 (Word version) -- Reps. Hinson, Keegan, Viers, Merrill, Barfield, Clemmons, Dantzler, Frye, Gilham, Huggins, Koon, Limehouse, Pinson, E. H. Pitts, Richardson, Scarborough, Simrill, Stille, Vaughn and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-146, 56-1-147, AND 56-1-148 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE NOTIFIED OF PERSONS CONVICTED OF CERTAIN FELONIES AND PERSONS INCARCERATED OR ON PAROLE OR PROBATION FOR CERTAIN FELONIES SO THAT AN IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES OR SPECIAL IDENTIFICATION CARDS IN A SPECIFIED MANNER; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE AND, IF SO, THE FELONY; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A


Printed Page 1718 . . . . . Thursday, April 1, 2004

DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THE STATE; TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST REQUEST WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF CERTAIN FELONIES IN THIS STATE; AND TO AMEND SECTION 56-1-3370, RELATING TO THE SIZE, SHAPE, AND DESIGN OF A SPECIAL IDENTIFICATION CARD, SO AS TO PROVIDE THAT A SPECIAL IDENTIFICATION CARD MUST HAVE A ONE-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF CERTAIN FELONIES UNDER THE LAWS OF THIS STATE IDENTIFYING THE PERSON IN THIS MANNER, AND TO PROVIDE THAT THIS CODE MUST BE MADE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE.

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

H. 4291 (Word version) -- Reps. White, Branham, Clark, Trotter, M. A. Pitts and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT.


Printed Page 1719 . . . . . Thursday, April 1, 2004

Read the first time and referred to the Committee on Medical Affairs.

H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.

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

H. 4803 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ISSUING PERMITS TO OWNERS OF GOLF CARTS THAT ALLOW THE GOLF CARTS TO BE OPERATED ON HIGHWAYS AND STREETS, SO AS TO PROVIDE THAT TO OBTAIN A PERMIT THE OWNER OF A GOLF CART SHALL PROVIDE THE DEPARTMENT PROOF OF ITS OWNERSHIP.

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

H. 5056 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A BILL TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES OF THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO DELETE ARCHAIC REFERENCES THAT SPECIFY FROM WHICH VOTING PRECINCTS IN ABBEVILLE COUNTY MEMBERS OF THE BOARD SHALL RESIDE.

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


Printed Page 1720 . . . . . Thursday, April 1, 2004

H. 5057 (Word version) -- Reps. Stille, M. A. Pitts and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS FORGIVEN 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, on motion of Senator O'DELL, with unanimous consent, H. 5057 was ordered placed on the Calendar without reference.

H. 5074 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BENEDICT COLLEGE "TIGERS" WOMENS BASKETBALL TEAM AND HEAD COACH MAURICE BAILEY AND HIS STAFF FOR AN EXCEPTIONAL SEASON AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.

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

H. 5075 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BENEDICT COLLEGE "TIGERS" MENS BASKETBALL TEAM AND HEAD COACH FRED WATSON AND HIS STAFF FOR AN EXCEPTIONAL SEASON AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.

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

REPORTS OF STANDING COMMITTEES

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

S. 99 (Word version) -- Senators Mescher and Ravenel: A BILL TO AMEND SECTION 58-31-20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD OF THE AUTHORITY


Printed Page 1721 . . . . . Thursday, April 1, 2004

APPOINTED FROM HORRY, BERKELEY, AND GEORGETOWN COUNTIES MUST BE CUSTOMERS OF THE AUTHORITY AND RESIDE IN AUTHORITY TERRITORY AND TO MAKE CERTAIN TECHNICAL CHANGES.

Ordered for consideration tomorrow.

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

S. 907 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 15-49-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, SO AS TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST AND TO PROVIDE A PENALTY FOR A VIOLATION OF THE SECTION.

Ordered for consideration tomorrow.

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

S. 1034 (Word version) -- Senators Fair, Short, Waldrep, O'Dell, Reese and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-113 SO AS TO TRANSFER THE ADMINISTRATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM AND ITS PERSONNEL AND APPROPRIATIONS TO THE ATTORNEY GENERAL'S OFFICE; TO AMEND SECTION 1-30-110, RELATING TO PROGRAMS ADMINISTERED BY THE GOVERNOR'S OFFICE, SO AS TO DELETE THE GUARDIAN AD LITEM PROGRAM FROM THE GOVERNOR'S ADMINISTRATION; AND TO AMEND SECTION 20-7-121, RELATING TO THE CREATION OF THE GUARDIAN AD LITEM PROGRAM, SO AS TO CONFORM LANGUAGE TRANSFERRING THIS PROGRAM TO THE ATTORNEY GENERAL'S OFFICE.

Ordered for consideration tomorrow.

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


Printed Page 1722 . . . . . Thursday, April 1, 2004

S. 1071 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

Ordered for consideration tomorrow.

S. 1071--Co-Sponsor Added

On motion of Senator RICHARDSON, with unanimous consent, the name of Senator RICHARDSON was added as a co-sponsor of S. 1071.

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

S. 1085 (Word version) -- Senator Thomas: 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.

Ordered for consideration tomorrow.

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

H. 3594 (Word version) -- Reps. Jennings, Harrison, F.N. Smith, Lucas, G.M. Smith, Hagood, Lourie, McLeod, Bingham, Owens, Scott, Whipper, Delleney and Toole: A BILL TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2003, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE.

Ordered for consideration tomorrow.


Printed Page 1723 . . . . . Thursday, April 1, 2004

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

H. 3636 (Word version) -- Reps. Snow, G. Brown, Coates, Cobb-Hunter, J. Hines, Kennedy, Martin, J.H. Neal, Sandifer, G.M. Smith, Weeks, Whitmire and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-960 SO AS TO PROVIDE THAT A PERSON OR GROUP ENGAGING IN A MUSICAL PRODUCTION OR PERFORMANCE MAY UTILIZE THE NAME OF ANOTHER PERSON OR GROUP IF THAT PERSON OR ONE MEMBER OF THE GROUP UTILIZING THE NAME PERFORMED A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, TO DEFINE "SIGNIFICANT ROLE" FOR PURPOSES OF THIS SECTION, TO PROVIDE FOR PERFORMANCE OF A "SALUTE" OR "TRIBUTE" ONLY BY A PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF A PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, AND TO PROVIDE THAT A PERSON OR GROUP UTILIZING THE NAME OF ANOTHER PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP SHALL AFFIRMATIVELY DISCLOSE THAT THEY DID NOT PERFORM A SIGNIFICANT ROLE IN THE PRODUCTION OR RELEASE OF THE RECORDINGS OR WITH THE PERSON OR GROUP WHO PRODUCED AND RELEASED THE RECORDINGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

Ordered for consideration tomorrow.

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

H. 4028 (Word version) -- Reps. Cotty and McGee: A BILL TO AMEND SECTION 43-26-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDINGS NOT SUBJECT TO THE RULES OF OPERATION OF VENDING FACILITIES BY THE COMMISSION FOR THE BLIND, SO AS TO EXCLUDE THE SOUTH CAROLINA STATE MUSEUM.

Ordered for consideration tomorrow.


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

H. 4453 (Word version) -- Reps. Sheheen, Jennings, Altman, McLeod and Weeks: A BILL TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIFE EXPECTANCY TABLE FOR CIVIL LITIGATION, SO AS TO UPDATE THE TABLE USING THE 2001 COMMISSIONERS STANDARD ORDINARY MORTALITY TABLE.

Ordered for consideration tomorrow.

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

H. 4723 (Word version) -- Reps. Loftis, Vaughn, Cato, Allen, Altman, Bales, Barfield, Battle, Branham, J. Brown, Davenport, Hamilton, Haskins, M. Hines, Hosey, Jennings, Leach, McCraw, Owens, Perry, Rice, D.C. Smith, F.N. Smith, G.R. Smith, J.R. Smith, Tripp, Wilkins and Mahaffey: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEES AMONG THE VARIOUS COUNTIES AND COUNTY TRANSPORTATION COMMITTEES ENTITLED TO EXPEND 'C' FUNDS, SO AS TO CHANGE THE NAME OF A COUNTY TRANSPORTATION COMMITTEE TO THE LEGISLATIVE DELEGATION TRANSPORTATION COMMITTEE OF THE PARTICULAR COUNTY.

Ordered for consideration tomorrow.

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

H. 4823 (Word version) -- Reps. Harrison, Merrill, Altman, Clemmons, Hagood, Haskins, Jennings, Rutherford, Scott, Simrill, Sinclair, J.E. Smith, Talley, Taylor and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-47-40 SO AS TO PROVIDE FOR AN AUTOMATIC STAY OF EXECUTION DURING APPELLATE REVIEW OF A JUDGMENT IN A CIVIL ACTION INVOLVING A PARTY TO THE MASTER SETTLEMENT AGREEMENT ENTERED INTO IN CONNECTION WITH THE TOBACCO ESCROW FUND ACT AND TO AMEND SECTION 18-9-130, RELATING TO THE EFFECT OF NOTICE OF APPEAL ON EXECUTION OF JUDGMENT, SO AS TO REFLECT


Printed Page 1725 . . . . . Thursday, April 1, 2004

THE AUTOMATIC STAY OF EXECUTION IN THOSE CIRCUMSTANCES.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 1, 2004

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

S. 104 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.
asks for a Committee of Conference, and has appointed Reps. Mack, White and Umphlett to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

S. 104--CONFERENCE COMMITTEE APPOINTED

S. 104 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.

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


Printed Page 1726 . . . . . Thursday, April 1, 2004

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. 4917 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 55 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 VERDIN, with unanimous consent

H. 4960 (Word version) -- Reps. Duncan, M.A. Pitts and Taylor: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 56 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.

By prior motion of Senator VERDIN, with unanimous consent

THIRD READING BILL

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

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.

By prior motion of Senator HAYES, with unanimous consent


Printed Page 1727 . . . . . Thursday, April 1, 2004

COMMITTEE AMENDMENT ADOPTED
READ THE THIRD TIME, RETURNED TO THE HOUSE

H. 4912 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004.

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

There was no objection.

The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Fish, Game and Forestry Committee.

The Committee on Fish, Game and Forestry proposed the following amendment (4912R004.CKG), which was adopted:

Amend the joint resolution, as and if amended, page 1, by striking lines 19-20 and inserting:

/   year 2004 only, the shad season in Game Zone 9 is extended until April 15, 2004, provided, however, the shad season in the Atlantic Ocean territorial sea is not extended.     /

Renumber sections to conform.

Amend title to conform.

The committee 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.

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.


Printed Page 1728 . . . . . Thursday, April 1, 2004

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

Senator KUHN argued contra to concurrence in the House amendments.

Point of Quorum

At 11:58 A.M., Senator CROMER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Branton                   Courson
Cromer                    Drummond                  Elliott
Fair                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Knotts                    Kuhn                      Land
Leatherman                Leventis                  Malloy
Martin                    McConnell                 McGill
Mescher                   Moore                     O'Dell
Peeler                    Rankin                    Reese
Richardson                Ritchie                   Ryberg
Setzler                   Sheheen                   Short
Smith, J. Verne           Verdin                    Waldrep

A quorum being present, the Senate resumed.

Senator KUHN argued contra to concurrence in the House amendments.

Point of Quorum

At 12:23 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 MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond

Printed Page 1729 . . . . . Thursday, April 1, 2004

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

A quorum being present, the Senate resumed.

Senator KUHN argued contra to concurrence in the House amendments.

Objection

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

Senator RICHARDSON objected.

Senator McCONNELL argued contra to concurrence in the House amendments.

Objection

With Senator McCONNELL retaining the floor, Senator RYBERG moved that the Senate stand adjourned.

Senator RICHARDSON objected.

Motion Under Rule 3B Not Invoked

At 12:31 P.M., Senator RICHARDSON moved to invoke Rule 3B.

Rule 3B was not invoked.

Senator McCONNELL argued contra to concurrence in the House amendments.

With Senator McCONNELL retaining the floor, Senator FORD moved that the Senate stand adjourned.


Printed Page 1730 . . . . . Thursday, April 1, 2004

Senator RICHARDSON objected.

Senator McCONNELL argued contra to concurrence in the House amendments.

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

MOTION ADOPTED

On motion of Senator RITCHIE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Ben Stone of Spartanburg, S.C.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, April 2, 2004, it stand adjourned to meet next Tuesday, April 10, 2004, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:39 P.M., on motion of Senator RYBERG, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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