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, today is the anniversary of the sinking of the Hunley... when eight brave men died. Let us remember in silence... Remembering President's Day, we pray President George Washington's prayer for the United States of America:
"Almighty God: We make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large.
And, finally, that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of whose example in these things we can never hope to be a happy nation. Grant our supplications, we beseech Thee, through Jesus Christ Our Lord. Amen."
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2001, and to expire July 1, 2005
3rd Congressional District
Talmadge P. Callison, 2719 County Farm Road, Greenwood, S.C. 29646 VICE Jack H. Simmons (resigned)
Referred to the 3rd Congressional Delegation
Columbia, S.C., January 14, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R127, H. 3749 by a vote of 106 to 0:
H. 3749, R. 127, THE GENERAL APPROPRIATION ACT
Veto 21. E28 - Election Commission: $700,000 for HAVA
Federal Match
Very respectfully,
Speaker
H. 3749, R. 127, THE GENERAL APPROPRIATION ACT
Veto 21. E28 - Election Commission: $700,000 for HAVA
Federal Match
The veto of the Governor was taken up for immediate consideration.
Senators LEATHERMAN and MARTIN spoke on the veto.
Senator LEATHERMAN moved that the veto of the Governor be sustained.
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:
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 Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., January 13, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Initial Appointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2001, and to expire July 1, 2005
3rd Congressional District
Talmadge P. Callison, 2719 County Farm Road, Greenwood, S.C. 29646 VICE Jack H. Simmons (resigned)
Very respectfully,
Speaker of the House
Received as information.
Senator ELLIOTT introduced Dr. William O'Conner of Myrtle Beach, S.C., Doctor of the Day.
At 12:05 P.M., Senator FORD requested a leave of absence from 4:00-8:00 P.M. on Wednesday, February 18, 2004.
At 12:36 P.M., Senator McGILL requested a leave of absence beginning at 5:00 P.M. today and lasting until the next legislative day.
At 12:37 P.M., Senator McGILL requested a leave of absence for Wednesday, February 18, 2004.
At 1:30 P.M., Senator MOORE requested a leave of absence for the balance of the day.
Senator McCONNELL rose for an Expression of Personal Interest.
Mr. PRESIDENT and Ladies and Gentlemen of the Senate, I will be brief, but I would be remiss if I did not, Senator from Greenwood, mention the Hunley.
I was just speaking to the Senator from Charleston about it, but for those of us who have been involved in this State in particular and in the United States government, 140 years ago today, the H.L. Hunley submarine at 6:43 p.m. pulled off from the shores of South Carolina and began the historic journey that is about to be completed in the next 60 days as the crew is laid to rest at the cemetery in Charleston.
And, interestingly, today, for the first time, through the abilities of modern science technology, the pooling with the universities and the talent that has been brought into this project, we have been able to facially recreate the crew of the Hunley with close to what I would say is almost 98% accuracy. The result is that on the international Internet today, for the first time in 140 years, people can again see what they saw 140 years ago. The face of George Dixon appeared on the Internet today. It is a historic moment for us. It is a milestone.
I was speaking to the Senator from Charleston, and as many of you may have read on Thursday, the commission voted to site the permanent museum in the City of North Charleston in the Noissette development there -- their whole redevelopment effort along the river. At the Hunley project over the years, we have had over 200,000 visitors come out to the warehouse where she is housed to see this exhibit. In the months ahead, there's going to be the announcements of other considerable investments by private concerns and projects that are involved with the H.L. Hunley.
But, it was on this evening that the secret continues to escape us, despite all the science that we have brought to bear, as to why she didn't come home, Senator from Greenville. That is a secret that she still has held on to, and we have not been able to pry it out. But, over the next 60 days, we will complete the hunt. The United States Navy's genealogical experts are now honing in on who these people were, where they came from and what the story of their lives was before they boarded that particular vessel.
Lastly, most of you know that the funeral is scheduled for April 17. If you have an interest in attending that funeral, I hope you'll let one of the three of us, your Senate members on the Hunley Commission -- the Senator from Richland, Senator COURSON, also the Senator from Laurens, Senator VERDIN, and myself -- know. But, the funeral is now scheduled for April 17, just a little less than sixty days from today. It has turned into a story that has caught the imagination of people, Senator from Lexington, from all over the world. Visitors have come from all over the world. People will be coming to the funeral from all over the world, as we salute what has been the American story. And I tell audiences, not just about the Hunley, but that the Hunley is a reminder to all of us. Whether you in this Chamber are a student of the American Revolution, the War Between the States, the World Wars, the American Civil Rights marches, whatever it is, the story of this country is the story of a people who, in the pursuit or defense of freedom, have always been willing to put aside the element of fear and answer the call of duty. It is a great American story. It is a great national treasure, but for those of us on the commission, today is a milestone because we are now into the home stretch of the quest that we started out - to bring all three crews into port and lay them to rest here on South Carolina soil.
Senator from Greenwood, you and all the other people from Florence and Greenville, and everybody I can think of that have had confidence in this project, let me just say that it is a project that will go on. I know for the Senator from North Charleston, it will be a major effort in their downtown or along the river stretch of their development. But the science that is going on and the partnership, for instance, with Clemson University, and with SCIAA from the University of South Carolina, has broken horizons and crossed horizons, I should say, in everything from DNA research that went to Ground Zero on 9/11 to what we're involved in now with what we call the critical density system that moves chloride ions at high speeds out of metal. It is an incredible piece of science, an incredible piece of history and incredible teamwork from all over the world.
And I would invite you, if you're interested, to go to Hunley.org, click on the Final Mission, and there is George Dixon, facially rebuilt, for the first time in 140 years, standing there looking at his pocket watch. The faces of the crew will be released during the week of the funeral. Every day, two of them will be showcased. And, we will start out at the USS Yorktown and work them around to a Methodist church, then to a Roman Catholic Church, then to an Anglo-Catholic church and then we will have an ecumenical service at the battery. Then, the funeral will leave and go through the streets of Charleston. The estimates are that somewhere between ten and fifty thousand people from across America will be there to walk or pay their respects.
On the 140th anniversary, I certainly would like to thank the Senate, the members of the General Assembly, the Governors, and everybody else who has stood behind us as we have moved this project forward and to each one of you who has placed confidence in this. It has been a long journey, but it has been a rewarding one and we're real excited about where we're headed. I'll just close by telling you that in the vessel there are still things to be revealed scientifically. These scientists that engineered this vessel were many, many years ahead of their time. From the first joystick ever used to other devices onboard such as a complex breathing apparatus, the inside of the submarine is in incredible shape and far ahead of its time. The human remains, for 136 years on the ocean bottom, are incredible. It is an incredible story of preservation. The Smithsonian has been in all week doing the final identification, making sure that we, in making the final adjustments and determinations genealogically, have the right people with the right names and that we're able to tell the full story.
But, any of you that are interested in the memorial services down in Charleston, everything from lectures to the funeral, we certainly hope that you'll come join us. If we can give you any additional information, please ask. But I just wanted to say to each of you, thank you for your support; thank you for the confidence you've placed in the project. Where we have gone with this thing and where we expect to be before we are finished insures that we will be able to deliver to the people a world class facility in partnership with the United States government that each will be very proud of and be able to say that it is part of South Carolina, and it is part of who we are and where we came from and what we're about in the quest for freedom and the struggle with the different views that we've had in this country.
So, on the 140th anniversary, I just wanted to get up here and have a few remarks. We have a group that's going to be out this evening in the rain and in the cold at about 6:45, and they will drop a wreath into Breech Inlet that will go out with the tide to remember the men of both the Hunley and the Housatonic who consecrated the history of this country and were a part of the great story of the development of this country. And so, Senator from Charleston, I know you're happy that the city you represent, a major chunk of North Charleston, will be home to the Hunley.
Thank you.
On motion of Senator COURSON, with unanimous consent, Senator McCONNELL's remarks were ordered printed in the Journal.
H. 4586 (Word version) -- Reps. M.A. Pitts, Duncan, Merrill, Parks, Pinson and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE LAW ENFORCEMENT STAGING AREA LOCATED ON LAKE GREENWOOD IN LAURENS COUNTY AS THE "DR. JULIUS L. LEARY, JR., LAW ENFORCEMENT STAGING AREA" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.
Senator GREGORY asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Fish, Game and Forestry and order the Resolution placed on the Calendar for consideration tomorrow.
There was no objection.
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.
Senator HUTTO spoke on the Bill.
On motion of Senator MARTIN, with unanimous consent, the Bill was carried over.
The following were introduced:
S. 967 (Word version) -- Senator Leatherman: A SENATE RESOLUTION TO COMMEND MR. ROBERT W. WILLIAMS, JR. OF FLORENCE COUNTY FOR HIS LONG AND OUTSTANDING CAREER AS A PIONEER OF RURAL ELECTRIFICATION AND TO WISH HIM HEALTH AND HAPPINESS FOR MANY YEARS TO COME.
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The Senate Resolution was adopted.
S. 968 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS, SO AS TO FURTHER DEFINE A "COUNTERFEIT MARK", TO ESTABLISH FELONIES FOR THE USE OF A COUNTERFEIT MARK IN CERTAIN INSTANCES, FOR TRAFFICKING IN CONNECTION WITH THE USE OF A COUNTERFEIT MARK, AND FOR PRODUCTION OF A COUNTERFEIT MARK, TO PROVIDE FOR SEIZURE AND SALE OF ITEMS IN CONNECTION WITH THE USE OF A COUNTERFEIT MARK, AND TO PROVIDE FOR INVESTIGATORY POWERS OF THE SECRETARY OF STATE.
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Read the first time and referred to the Committee on Judiciary.
S. 969 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-19-30 SO AS TO TRANSFER ALL ADMINISTRATIVE, ACCOUNTING, MANAGEMENT, MARKETING, AND OPERATING FUNCTIONS OF THE OLD EXCHANGE BUILDING FROM THE CITY OF CHARLESTON TO THE OLD EXCHANGE BUILDING COMMISSION AND TO REQUIRE ALL REVENUES RECEIVED AS A RESULT OF OPERATING THE BUILDING MUST BE USED TO ENSURE THAT THE BUILDING IS FINANCIALLY SELF-SUFFICIENT.
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Read the first time and referred to the Committee on Education.
S. 970 (Word version) -- Senators McConnell and Ford: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 2 AND 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2004.
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Read the first time and referred to the Committee on Judiciary.
S. 971 (Word version) -- Senators O'Dell and Waldrep: A SENATE RESOLUTION EXPRESSING THE SINCERE CONDOLENCES OF THE SOUTH CAROLINA SENATE TO THE FAMILY AND FRIENDS OF SARA BRANYON ROGERS OF PIEDMONT, SOUTH CAROLINA, ON THE SAD OCCASION OF HER DEATH SUNDAY, FEBRUARY 8, 2004.
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The Senate Resolution was adopted.
H. 4748 (Word version) -- Reps. Harvin and G. M. Smith: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, 28, 29, AND 30, 2004, BY THE STUDENTS OF A SCHOOL IN SCHOOL DISTRICT NOS. 1, 2, AND 3 OF CLARENDON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 260 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH INSURANCE PLANS SO AS TO INCLUDE THE CHARLESTON COUNTY AIRPORT DISTRICT.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 854 (Word version) -- Senators Leatherman, McConnell, Peeler, Martin, Knotts, Richardson, Ritchie, Verdin, Cromer, Ravenel, J. Verne Smith, Giese, Gregory, O'Dell, Fair, Hayes, Alexander, Mescher and Waldrep: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS, AND TO PROVIDE THAT THIS THREE PERCENT LIMITATION ON USE OF SURPLUS REVENUE AND ACCOUNTING FOR THE GENERAL REVENUE FUND TRANSFER NO LONGER APPLY AFTER THE 2001-2002 ACCUMULATED DEFICIT IS REPAID AND AMOUNTS PREVIOUSLY WITHDRAWN FROM THE GENERAL RESERVE FUND ARE RESTORED.
Ordered for consideration tomorrow.
Columbia, S.C., February 17, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Harrell, McGee and Battle to the Committee of Conference on the part of the House on:
S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 17, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Harrell, McGee and Battle to the Committee of Conference on the part of the House on:
H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E.H. Pitts, Mack, M.A. Pitts, Richardson, J.H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J.R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO ADD TO THE LIST OF CASES OVER WHICH MAGISTRATES HAVE CONCURRENT CIVIL JURISDICTION ACTIONS FOR DAMAGES ARISING FROM A PERSON'S FAILURE TO RETURN LEASED OR RENTED PERSONAL PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE EXPIRATION OF THE LEASE OR RENTAL AGREEMENT, TO PROVIDE SUCH DAMAGES TO BE BASED ON THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY, WHICHEVER IS LESS, AND TO REQUIRE THAT THE LEASE OR RENTAL AGREEMENT SHALL SPECIFY THE MANNER IN WHICH THE CALCULATION OF THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY SHALL BE CALCULATED.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 719 (Word version) -- Senators McConnell and Elliott: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO THE ISSUANCE OF CORPORATE CERTIFICATE FOR A PROPOSED MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT NO PART OF THE PROPOSED MUNICIPALITY IS WITHIN FIVE MILES OF THE BOUNDARY OF AN ACTIVE INCORPORATED MUNICIPALITY.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 966 (Word version) -- Medical Affairs Committee: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING, ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.
On motion of Senator PEELER, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
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, the Bill was carried over.
H. 4159 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator KUHN proposed the following amendment (BBM\9891SL03), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 3, line 16, after the word /administrator/, by inserting the words / or teacher /.
Renumber sections to conform.
Amend title to conform.
Senator KUHN explained the amendment.
The amendment was adopted.
On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over, as amended.
S. 769 (Word version) -- Senators Cromer and Reese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES INCLUDING THE EXEMPTION OF A DWELLING HOUSE OF A VETERAN WHO IS DISABLED FROM A SERVICE-CONNECTED DISABILITY, SO AS TO DEFINE THE TERM "PERMANENTLY AND TOTALLY DISABLED" AND TO ALLOW THE SURVIVING SPOUSE OF A DISABLED VETERAN TO RECEIVE THE EXEMPTION FOR ANY SUBSEQUENT DWELLING.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RICHARDSON proposed the following Amendment No. 1 (769R001.SHR), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A. Article 21, Chapter 36, Title 12 of the 1976 Code is amended by adding:
"Section 12-36-2140. State sales and use exemptions allowed pursuant to Sections 12-36-2120 and 12-36-2130 as of June 30, 2005, and every three years thereafter, are deemed deleted effective the succeeding July first unless the exemptions are reinstated by means of a joint resolution enacted by the General Assembly solely for that purpose before July first of the applicable year which by its terms specifically and individually reinstates the exemptions otherwise scheduled for deletion. Additionally, no reinstatement of a specific exemption occurs unless its reinstatement contained in the joint resolution receives an affirmative recorded vote of at least two-thirds of the members present and voting in each house of the General Assembly. The provisions of this section do not apply to any exemptions arising under the laws or Constitution of the United States. The Code Commissioner shall certify to the Director of the Department of Revenue those exemptions determined to be reinstated and cause the printing of the affected code sections in the annual cumulative supplement to reflect those exemptions deleted and reinstated pursuant to this section."
B. This section takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as all revenue-raising measures must originate in the House and this amendment was drawn to a Senate Bill.
The PRESIDENT overruled the Point of Order.
Senator LEATHERMAN raised a Point of Order that the amendment
was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... or new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator LEATHERMAN spoke on the Point of Order.
Senator RICHARDSON spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator RICHARDSON explained the amendment.
Senator LEVENTIS spoke on the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Courson Cromer Elliott Fair Giese Gregory Grooms Hawkins Hayes Knotts Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Peeler Ravenel Ryberg Setzler Thomas Verdin
Anderson Ford Glover Hutto Jackson Kuhn Malloy Matthews Patterson Pinckney Reese Richardson Sheheen Short Waldrep
The amendment was laid on the table.
Senator THOMAS objected to further consideration of the Bill.
Senator THOMAS objected to consideration of the remaining uncontested Bills on the Calendar.
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 Joint Resolution.
With Senator LEVENTIS retaining the floor, on motion of Senator MARTIN, with unanimous consent, the Bill was carried over in the status of Interrupted Debate.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
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 third reading of the Bill.
On motion of Senator HUTTO, with unanimous consent, Amendment No. 4 was taken up for immediate consideration.
Senator McCONNELL proposed the following amendment (PT\ 1880MM04), which was adopted:
Amend the bill, as and if amended, Section 41-1-110(A)(5) as contained in SECTION 1, page 2, line 22, by deleting the line in its entirety and inserting / in items (4) and (11). /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
At 1:22 P.M., on motion of Senator RITCHIE, the Senate receded from business not to exceed five minutes.
At 2:01 P.M., the Senate resumed.
Senator MARTIN spoke on the Bill.
Senators HUTTO and MARTIN proposed the following Amendment No. 5 (3448R017.CBH), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-110. It is the public policy of this State that a handbook, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, shall not create an express or implied contract of employment if it is conspicuously disclaimed. For purposes of this section, a disclaimer must be typed in underlined capital letters on the first page of the document and signed by the employee. Whether or not a disclaimer is conspicuous is a question of law."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator HUTTO argued in favor of the adoption of the amendment.
Senator McCONNELL spoke on the amendment.
Senator KNOTTS spoke on the amendment.
At 3:09 P.M., Senator THOMAS assumed the Chair.
Senator KNOTTS continued arguing contra to the adoption of the amendment.
Senator MARTIN moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Courson Cromer Drummond Elliott Fair Giese Gregory Grooms Hawkins Hayes Hutto Jackson Kuhn Leatherman Malloy Martin McGill Moore * O'Dell Patterson Peeler Rankin Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin
Ford Glover Knotts McConnell Mescher Pinckney Ravenel Reese Waldrep
The amendment was adopted.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
At 3:20 P.M., the PRESIDENT assumed the Chair.
Senator KNOTTS spoke on the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators JACKSON, GLOVER, FORD, MALLOY and ANDERSON desired to be recorded as voting against the third reading of the Bill.
Having received a favorable report from the 3rd Congressional Delegation, the following appointment was confirmed in open session:
Initial Appointment, South Carolina Prisoner of War Commission, with term to commence July 1, 2001, and to expire July 1, 2005
3rd Congressional District
Talmadge P. Callison, 2719 County Farm Road, Greenwood, S.C. 29646 VICE Jack H. Simmons (resigned)
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned in memory of Mr. E. H. "Billy" Lynam, Jr. of Sumter, S.C. Mr. Lynam was active in a variety of civic and community organizations throughout his lifetime. He had a passion for flight, and the new terminal at the Sumter Airport was named in his honor for his dedication to the development of Sumter County and for his contributions to aviation in Sumter and throughout the State. South Carolina -- and Sumter County especially -- is a much better place to live, work and play because of Billy Lynam. He will be deeply missed.
At 3:21 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 2:00 P.M.
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