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 St. Paul to the Corinthians (2 Cor.4:7):

"But we have this treasure in clay jars, so that it may be made clear that this extraordinary power belongs to God and does not come from us."
Let us pray.

Father, we thank you for the "grace upon grace" (St. John) with which You have blessed our Lt. Governor, Your servant André Bauer, and his family in the passing of his grandfather, Lee Wesley Westbury.

We cherish the memory of Your servants, our beloved colleagues in this Chamber, Senator ED SALEEBY and Senator DONALD HOLLAND.

It's life itself that You breathed into bodies of earthen clay, Father, of which St. Paul is speaking... put here for a limited time.

In this holy moment we rededicate our bodies, our talents and our time.

They are Yours! Forgive us if we misuse them!
Amen.

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

Veto 21.   Part 1B, E28-Election Commission:

$700,000 for HAVA,   Federal Match

On motion of Senator MARTIN, Veto 21 to H. 3749, R127 was carried over, not to be taken up for consideration prior to Tuesday, February 17, 2004.

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

Reappointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 2003, and to expire June 30, 2006

South Carolina

David M. Cupka, Department of Natural Resources, P.O. Box 12559, Charleston, S.C. 29422-2559

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006

2nd Congressional District

R. Michael Campbell, 217 Hillridge Way, Columbia, S.C. 29229 VICE Benjamin Gregg (resigned)

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2000, and to expire July 1, 2004

6th Congressional District

John P. Evans, C. F. Evans & Co., Inc., P. O. Box 1686, Orangeburg, S.C. 29116 VICE Daniel Malloy McEachin, Jr. (resigned)

Referred to the Committee on Fish, Game and Forestry.

Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2004, and to expire July 1, 2008

6th Congressional District

John P. Evans, C. F. Evans & Co., Inc., P. O. Box 1686, Orangeburg, S.C. 29116

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2000, and to expire May 19, 2007

Berkeley

Paul G. Campbell, Jr., ALCOA, P. O. Box 1000, Goose Creek, S.C. 29445-1000 VICE Julius Barnes (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2003, and to expire June 30, 2007

4th Congressional District

Ruben Garcia Montalvo, Cantinflas, Inc., P.O. Box 1221, Greenville, S.C. 29602 VICE James E. Talley

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2003, and to expire June 30, 2006

5th Congressional District

Glenn A. McCall, 1520 Worthington Crossing, Rock Hill, S.C. 29732 VICE John P. Gettys

Referred to the Committee on Judiciary.

Reappointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2004, and to expire May 19, 2011

At-Large - Chairman

Thomas Graham Edwards, 1618 Dennis Blvd., Moncks Corner, S.C. 29461

Referred to the Committee on Judiciary.

Reappointment, South Carolina Residential Builders Commission, with term to commence June 30, 2002, and to expire June 30, 2006

6th Congressional District

John C. Curl, P. O. Box 4815, Florence, S.C. 29502

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2003, and to expire June 30, 2007

1st Congressional District

Edwin H. Cooper III, 3896 Leeds Ave., Charleston, S.C. 29405 VICE Howard Brilliant

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 2003, and to expire March 15, 2010

3rd Congressional District

Kevin L. Bryant, 1901 N. Main Street, Anderson, S.C. 29621 VICE Timothy Evatt

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2000, and to expire June 30, 2004

1st Congressional District

Edythe C. Dove, 8757 East Fairway Woods Circle, North Charleston, S.C. 29420 VICE Kitty Mescher

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 2004, and to expire June 30, 2008

1st Congressional District

Edythe C. Dove, 8757 East Fairway Woods Circle, North Charleston, S.C. 29420

Referred to the Committee on Medical Affairs.

Initial Appointment, Maritime Security Commission, with term to commence July 31, 2003, and to expire July 31, 2005

Coast Guard Officer - retired

Captain Marvin J. Pontiff, Mediterranean Shipping Co. (USA) Inc., 550 Long Point Rd., Mt. Pleasant, S.C. 29464

Referred to the Committee on Transportation.

The following were received and referred to the appropriate committees for consideration:

Document No. 2850
Agency: Department of Revenue
SUBJECT: Property Tax Reorganization
Received by Lieutenant Governor January 30, 2004
Referred to Finance Committee
Legislative Review Expiration May 29, 2004

Document No. 2882
Agency: Department of Consumer Affairs
SUBJECT: Prescription Drug Discount Cards
Received by Lieutenant Governor February 3, 2004
Referred to Banking and Insurance Committee
Legislative Review Expiration June 2, 2004

On behalf of Senator RAVENEL, Senator BRANTON introduced Dr. Gerald Harmon of Pawley's Island, S.C., Doctor of the Day.

At 12:05 P.M., Senator MESHER requested a leave of absence for tomorrow beginning at Noon and lasting until 6:00 P.M.

At 12:05 P.M., on motion of Senator BRANTON, Senator RAVENEL was granted a leave of absence for this week.

At 12:10 P.M., on motion of Senator LAND, Senator DRUMMOND was granted a leave of absence for today.

At 1:10 P.M., Senator HUTTO requested a leave of absence for tomorrow beginning at 6:00 P.M. and lasting until 11:00 P.M.

Senator LEVENTIS rose for an Expression of Personal Interest.

S. 887 (Word version) -- Senators McConnell, Moore, Alexander, Anderson, Courson, Fair, Ford, Glover, Hawkins, Hayes, Jackson, Knotts, Leatherman, Martin, Mescher, Patterson, Peeler, Ritchie, Ryberg, Verdin and Setzler: A BILL TO AMEND SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE THESE CONTRACTS TO THE PUBLIC SERVICE COMMISSION AS REQUIRED; AND TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO PROVIDE FURTHER CONDITIONS UNDER WHICH A LOCAL EXCHANGE CARRIER MAY MAKE THIS ELECTION, TO DEFINE "ABUSE OF MARKET POSITION" AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS, TO DEFINE "BUNDLED OFFERING" AND "CONTRACT OFFERING", TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER, TO PROVIDE THAT A LOCAL EXCHANGE CARRIER PROVIDING BUNDLED OFFERINGS OR CONTRACT OFFERINGS IS OBLIGATED TO PROVIDE CERTAIN UNIVERSAL SERVICE FUND (USF) CONTRIBUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH ACCESS MINUTES OF USE MUST BE CLASSIFIED AND REPORTED FOR PURPOSES OF ADMINISTERING THE INTERIM LOCAL EXCHANGE CARRIER FUND.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 887.

S. 846 (Word version) -- Senators Ryberg, Kuhn, Richardson, Moore, Gregory, Giese, Land, Setzler, Knotts, Leventis, Waldrep, Branton, Anderson, Ford and Glover: A BILL TO AMEND SECTIONS 9-1-1810 AND 9-11-310, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COST-OF-LIVING ADJUSTMENTS IN RETIREMENT ALLOWANCES PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE CONTINGENCY IN THESE PROVISIONS PROVIDING THAT COST-OF-LIVING ADJUSTMENTS IN RETIREMENT ALLOWANCES MAY BE PAID ONLY IF THE INCREASED LIABILITIES RESULTING FROM THESE ADJUSTMENTS DO NOT REQUIRE AN INCREASE IN EMPLOYER CONTRIBUTIONS TO THESE SYSTEMS.

On motion of Senator CROMER, with unanimous consent, the name of Senator CROMER was added as a co-sponsor of S. 846.

The following were introduced:

S. 891 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 892 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF REVENUE FROM LOCAL ACCOMMODATIONS TAXES, SO AS TO PROVIDE THAT ANY COUNTY WHICH HAS ADOPTED A LOCAL ACCOMMODATIONS TAX MAY EXPEND UP TO ONE-HALF OF THESE REVENUES FOR OTHER PURPOSES; AND TO AMEND SECTION 6-1-730, AS AMENDED, RELATING TO THE USE OF LOCAL HOSPITALITY TAX REVENUES, SO AS TO PROVIDE THAT ANY COUNTY WHICH HAS ADOPTED A LOCAL HOSPITALITY TAX MAY EXPEND UP TO ONE-HALF OF THESE REVENUES FOR OTHER PURPOSES.
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Read the first time and referred to the Committee on Finance.

S. 893 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 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".
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Read the first time and referred to the General Committee.

S. 894 (Word version) -- Senator Fair: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.
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Read the first time and referred to the Committee on Judiciary.

S. 895 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-5-80 SO AS TO REQUIRE LODGING ESTABLISHMENTS TO COMPLY BEFORE JULY 1, 2007, WITH INTERNATIONAL BUILDING CODE STANDARDS FOR FIRE SUPPRESSION AND TO DEFINE "LODGING ESTABLISHMENT".
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 896 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 45-2-70 OF THE 1976 CODE, RELATING TO THE POSTING OF RULES IN LODGING ESTABLISHMENTS, TO REQUIRE THE POSTING OF A NOTICE REQUIRED BY SECTION 45-5-80; AND TO AMEND CHAPTER 5, TITLE 45 OF THE 1976 CODE BY ADDING SECTION 45-5-80 TO PROVIDE THAT ALL LODGING ESTABLISHMENTS WITHOUT A SPRINKLER SYSTEM MUST POST A NOTICE IN A CONSPICUOUS PLACE AT OR NEAR THE GUEST REGISTRATION DESK.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 897 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-55 SO AS TO PROVIDE THAT ANY CHANGES ADOPTED TO THE SOUTH CAROLINA BUILDING CODE BY THE SOUTH CAROLINA BUILDING CODE COUNCIL ARE DEEMED TO BE INCORPORATED INTO THE SOUTH CAROLINA BUILDING CODE AND DO NOT HAVE TO BE READOPTED IN SUBSEQUENT CODE CYCLES.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 898 (Word version) -- Senators J. Verne Smith, Fair, Knotts, Thomas, Martin, Land, Moore and Alexander: A BILL TO AMEND CHAPTER 33, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF THE NURSING PROFESSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION INCLUDING, BUT NOT LIMITED TO, INCREASING THE BOARD MEMBERSHIP FROM NINE TO TEN BY ADDING A LAY PERSON, TO CODIFY AND FURTHER SPECIFY THE REQUIREMENTS FOR LICENSURE AND SCOPE OF PRACTICE FOR A NURSE PRACTITIONER, CERTIFIED NURSE-MIDWIFE, CLINICAL NURSE SPECIALIST, AND CERTIFIED REGISTERED NURSE ANESTHETIST, TO FURTHER SPECIFY LICENSURE AND EXAMINATION PROCEDURES, TO PROVIDE PROCEDURES AND REQUIREMENTS FOR EXPANDED PRACTICE IN NURSING, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE NURSING PROFESSION.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 899 (Word version) -- Senators Alexander and Waldrep: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 SO AS TO REQUIRE NEW SEPTIC TANK INSTALLATION TO INCLUDE AN ACCESS PIPE FOR MONITORING AND PUMPING THE SEPTIC SYSTEM, TO REQUIRE THE INSTALLATION OF SUCH A PIPE WHEN WORK IS BEING PERFORMED ON THE TANK, AND TO PROVIDE A CIVIL FINE FOR VIOLATIONS.
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Read the first time and referred to the Committee on Medical Affairs.

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

S. 901 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-5-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO PROVIDE THAT THE APPLICATION FOR REGISTRATION BY MAIL MUST CONTAIN CERTAIN INFORMATION AS REQUIRED BY THE FEDERAL HELP AMERICA VOTE ACT; AND TO AMEND SECTION 7-5-170 RELATING TO THE WRITTEN APPLICATION FOR REGISTRATION, SO AS TO ADD CERTAIN INFORMATION REQUIRED BY THE HELP AMERICA VOTE ACT.
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Read the first time and referred to the Committee on Judiciary.

S. 902 (Word version) -- Senators Knotts, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO COMMEND AND EXTOL MR. B. BOYKIN ROSE FOR HIS MANY YEARS OF PUBLIC SERVICE INCLUDING SERVICE AS THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 903 (Word version) -- Senators McConnell, Ford, J. Verne Smith, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT OF THE HONORABLE DONALD HARRY HOLLAND OF CAMDEN TO BE PLACED IN THE SENATE CHAMBER, LONGTIME AND BELOVED SENATOR FROM THE TWENTY-SEVENTH SENATORIAL DISTRICT, A LOYAL AND COMPASSIONATE PUBLIC SERVANT AND A DISTINGUISHED STATESMAN.
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The Senate Resolution was adopted.

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

H. 4405 (Word version) -- Reps. Cato, Wilkins, Weeks, Scott, Sandifer and Neilson: A BILL TO AMEND SECTION 58-27-865, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUEL COSTS INCURRED BY ELECTRICAL UTILITIES FOR THE SALE OF ELECTRICITY, SO AS TO FURTHER CLARIFY THAT THE TERM "FUEL COSTS RELATED TO PURCHASED POWER" INCLUDES COSTS OF FIRM GENERATION CAPACITY PURCHASES AND THE TOTAL DELIVERED COST OF ECONOMY PURCHASES OF ELECTRIC POWER.

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

H. 4626 (Word version) -- Reps. Cooper, Townsend, Thompson, Martin, Stille and White: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON 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. 4627 (Word version) -- Reps. Cooper, Thompson, Martin, Stille, Townsend and White: A BILL TO AMEND ACT 509 OF 1982, RELATING TO THE TIME OF FILING FOR ELECTION TO THE SCHOOL BOARD OF TRUSTEES FOR ANDERSON COUNTY, SO AS TO CHANGE THE TIME FOR FILING FOR THE OFFICE.

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

H. 4659 (Word version) -- Reps. Huggins and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE MUNGO COMPANY ON ITS FIFTIETH ANNIVERSARY OF PROVIDING QUALITY HOUSING TO THOUSANDS OF SOUTH CAROLINA FAMILIES, TO COMMEND MICHAEL J. MUNGO FOR HIS EXTRAORDINARY VISION, COMMITMENT, AND DEDICATED SERVICE TO THE CITIZENS AND STATE OF SOUTH CAROLINA, AND TO WISH THE MUNGO COMPANY CONTINUED SUCCESS IN ALL ITS FUTURE ENDEAVORS.

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

Senator COURSON from the Committee on Invitations polled out S. 862 favorable:

S. 862 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 10, 2004, AND FRIDAY, JUNE 11, 2004.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 865 favorable:

S. 865 (Word version) -- Senators Thomas, Fair and Anderson: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 18, 2004, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICIALS IN OUR STATE.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4618 favorable:

H. 4618 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING MUNICIPAL OFFICIALS IN SOUTH CAROLINA BY DECLARING THAT FEBRUARY 18, 2004, BE KNOWN AS "SOUTH CAROLINA HOMETOWN DAY" IN HONOR OF THEIR TIRELESS EFFORTS TO MAKE OUR CITIES AND TOWNS OUTSTANDING PLACES TO LIVE.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4620 favorable:

H. 4620 (Word version) -- Reps. McGee, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, 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 AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 11, 2004.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Alexander
Peeler                    Kuhn                      Reese
Knotts                    Waldrep

Ordered for consideration tomorrow.

H. 3617 (Word version) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED.

On motion of Senator McCONNELL, the Senate insisted upon its amendments to H. 3617 and asked for a Committee of Conference.

Whereupon, Senators ALEXANDER, PINCKNEY and CROMER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

S. 832 (Word version) -- Senators McGill and Leatherman: A BILL TO REVISE THE METHOD BY WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 3 ARE ELECTED AND TO REDESIGNATE THE LINES OF DISTRICTS FROM WHICH THEY ARE ELECTED.

The House returned the Bill with amendments.

On motion of Senator McGILL, 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.

S. 686 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 73, TITLE 38 SO AS TO ENACT THE "PROPERTY AND CASUALTY INSURANCE PERSONAL LINES MODERNIZATION ACT"; TO AMEND SECTION 38-73-910, RELATING TO CONDITIONS UNDER WHICH INSURANCE PREMIUMS MAY BE RAISED, SO AS TO DELETE FIRE, ALLIED LINES, AND HOMEOWNERS' INSURANCE FROM THIS REQUIREMENT, AND TO DELETE A PROVISION AUTHORIZING A PRIVATE INSURER TO UNDERWRITE CERTAIN ESSENTIAL PROPERTY INSURANCE AND TO FILE FOR RATE INCREASE UNDER CERTAIN CIRCUMSTANCES.

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

Senator THOMAS spoke on the Bill.

Senator FORD objected to further consideration of the Bill.

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

Senator HUTTO objected.

S. 890 (Word version) -- Senators Leatherman and Drummond: A SENATE RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT OF THE HONORABLE JEFFERSON VERNE SMITH OF GREER TO BE PLACED IN THE SENATE CHAMBER, LONGTIME AND BELOVED SENATOR FROM THE FIFTH SENATORIAL DISTRICT, A LOYAL AND COMPASSIONATE PUBLIC SERVANT AND A DISTINGUISHED STATESMAN.

The Senate Resolution was adopted.

The following Bills were carried over:

H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

S. 763 (Word version) -- Senators Ravenel, Knotts and Kuhn: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICANT'S SOCIAL SECURITY NUMBER BE PLACED ON THE APPLICATION FORM.

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

H. 3677 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.

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

H. 3256 (Word version) -- Reps. Kirsh, Simrill and Richardson: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF YORK COUNTY SCHOOL DISTRICTS ONE THROUGH FOUR MUST BE SET BY THE BOARD OF TRUSTEES OF EACH RESPECTIVE DISTRICT IN THEIR SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.

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

S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.

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

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

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

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

Senator LEVENTIS spoke on the Resolution.

Senator HAYES asked unanimous consent to make a motion that the Senate carry over S. 532 and proceed to a consideration of S. 531.

Senator PATTERSON objected.

Senator LEVENTIS spoke on the Resolution.

At 1:09 P.M., the President Pro Tempore assumed the Chair.

Senator LEVENTIS spoke on the Resolution.

With Senator LEVENTIS retaining the floor, Senator HAYES asked unanimous consent to make a motion that the Resolution be carried over.

There was no objection and S. 532 was carried over in the status of Interrupted Debate.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

Senator MARTIN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 15 (3448R012.GFM), proposed by Senators McCONNELL, J. VERNE SMITH, MARTIN and O'DELL and printed in the Journal of Wednesday, January 14, 2004.

On motion of Senator HUTTO, with unanimous consent, Amendment No. 15 was withdrawn.

Senators McCONNELL, SMITH, MOORE, MARTIN, O'DELL, HUTTO, RITCHIE and KNOTTS proposed the following Amendment No. 16 (JUD3448.015), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/   SECTION   1.   Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-110.   (A)   It is the public policy of this State that:

(1)   Except as would be a violation of public policy provided in items 4, 5, and 10 of this section, the employment-at-will doctrine applies to the employment relationship between any employee and employer.

(2)   Except as would be a violation of public policy as specifically enumerated in items 6, 7, 8, 9, and 11 of this section, 'employment-at-will doctrine' means the right of an employee or an employer to terminate the employment relationship with or without notice to the other and with or without cause.

(3)   If an employee or an employer terminates an employment relationship under the employment-at-will doctrine, then neither party will be liable to the other for any claim for wrongful termination based on breach of contract, breach of implied covenant of good faith and fair dealing, or any other claim in which an express or implied contract is alleged.

(4)   An employee and an employer may enter into a contract of employment to which the employment-at-will doctrine does not apply only if:

(a)   the contract is in writing;

(b)   the contract is dated;

(c)   the contract expressly provides that the parties intend to alter their at-will employment relationship; and

(d)   the contract is signed by the employee and either the owner, president, chief administrative officer of the employer, or a manager or other employee of the employer with actual or apparent authority to bind the employer. However, an owner, president, or chief administrative officer of an employer may revoke a contract signed by a manager or employee with apparent authority within five business days of the creation of the contract. Such five-business-day limitation on revocation shall not apply where there was fraud by the employee in the creation of the contract or where the employee had actual knowledge that the manager or employee had no authority to enter into the contract.

(5)   No handbook, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, may create an express or implied contract of employment except as provided in item (4).

(6)   This section applies to both public and private employment but shall not be construed to affect any rights as established by a collective bargaining agreement or the constitutional or statutory rights of public employees. These constitutional or statutory rights of public employees may include applicable grievance procedures or a plan for the hearing and resolution of employee grievances adopted by a municipality or a county pursuant to Section 8-17-120 or an employee grievance procedure adopted by a state agency pursuant to the provisions of Section 8-17-330.

(7)   No employer may terminate an employee:

(a)   for refusing to perform or participate in the performance of any illegal act or any other act that would shock the conscience of the community where the employee is employed;

(b)   in violation of Section 16-17-560; or

(c)   in violation of any constitutional or applicable statutory law governing the workplace.

(8)   This section shall not be construed to affect rights and policies regarding tenure for public and private college and university faculty.

(9)   This section shall not be construed to affect the rights of employees of any school or school district who are not already covered by grievance procedures adopted and implemented by the district board of trustees, those rights being published by that district in an employee handbook.

(10)   This section shall not be construed to affect any contract of employment created by an employee and employer prior to July 1, 2004.

(11)   This section shall not be construed to affect the operation of a grievance procedure adopted by an employer and promulgated in an employee handbook. As used herein, a grievance procedure is a formal written process through which an employee may request internal review of an adverse employment decision."

SECTION   2.   If a provision of this section or the application of a provision of this section to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are severable.

SECTION   3.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

The Senate proceeded to a consideration Amendment No. P-2A (DKA\3469DW003), previously proposed by Senators MARTIN, KNOTTS, J. VERNE SMITH and O'DELL.

On motion of Senator HUTTO, with unanimous consent, Amendment No. P-2A was withdrawn.

On motion of Senator HUTTO, with unanimous consent, the Bill was carried over in the status of Adjourned Debate.

Senator McCONNELL asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 11:45 A.M. for the purpose of attending the Joint Assembly, and upon the conclusion of the Joint Assembly, the Senate would stand in recess until 2:30 P.M.

There was no objection and the motion was adopted.

On motion of Senator BRANTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. O. J. Strobel, a leading businessman of Summerville, S.C.

At 1:26 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:45 A.M.

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